Hazardous Waste Generator Regulations 

A User-Friendly Reference Document 

Version 2: September 1, 2006 

1
Table of Contents 

Introduction......................................................................................................................... 4 

Version 2 Updates........................................................................................................... 6 

Summary Chart ................................................................................................................... 7 

General Hazardous Waste Generator Resources .............................................................. 10 

CESQG Requirements ...................................................................................................... 11 

Applicability ................................................................................................................. 11 

Generator Status Determination.................................................................................... 11 

Hazardous Waste Determination .................................................................................. 12 

Scope of Regulation...................................................................................................... 13 

Acute Hazardous Wastes .............................................................................................. 13 

Management Requirements .......................................................................................... 14 

Mixing........................................................................................................................... 15 

On-site Accumulation Quantity Limits......................................................................... 15 

Consequences of Exceeding Quantity Limits............................................................... 16 

SQG Requirements ........................................................................................................... 17 

Applicability ................................................................................................................. 17 

Generator Status Determination.................................................................................... 19 

Hazardous Waste Determination .................................................................................. 19 

On-site Accumulation Time Limits .............................................................................. 20 

On-site Accumulation Quantity Limits......................................................................... 21 

Consequences of Exceeding Quantity Limits............................................................... 22 

EPA ID Number............................................................................................................ 22 

Accumulation Requirements for Storage Units: Containers......................................... 22 

Accumulation Requirements for Storage Units: Tanks ................................................ 24 

Satellite Accumulation.................................................................................................. 27 

Marking and Labeling................................................................................................... 28 

Personnel Training........................................................................................................ 28 

Recordkeeping and Reporting....................................................................................... 29 

Preparedness and Prevention ........................................................................................ 29 

Emergency Procedures and Response .......................................................................... 31 

Land Disposal Restrictions ........................................................................................... 32 

Pre-transport Requirements .......................................................................................... 79 

Manifest ........................................................................................................................ 80 

Exports .......................................................................................................................... 87 

Imports .......................................................................................................................... 93 

Transfrontier Shipments of Hazardous Waste for Recovery within the OECD ........... 94 

Farmers: ...................................................................................................................... 105 

LQG Requirements ......................................................................................................... 106 

Applicability ............................................................................................................... 106 

Generator Status Determination.................................................................................. 108 

Hazardous Waste Determination ................................................................................ 108 

EPA ID Number.......................................................................................................... 109 

On-site Accumulation Time Limits ............................................................................ 110 

Accumulation Requirements for Storage Units: Containers....................................... 110 

2
Accumulation Requirements for Storage Units: Tanks .............................................. 112 

Satellite Accumulation................................................................................................ 126 

Marking and Labeling................................................................................................. 128 

Personnel Training...................................................................................................... 128 

Recordkeeping and Reporting..................................................................................... 129 

Preparedness and Prevention ...................................................................................... 132 

Emergency Procedures and Response ........................................................................ 134 

Land Disposal Restrictions ......................................................................................... 138 

Pre-transport Requirements ........................................................................................ 185 

Manifest ...................................................................................................................... 186 

Exports ........................................................................................................................ 193 

Imports ........................................................................................................................ 199 

Transfrontier Shipments of Hazardous Waste for Recovery within the OECD ......... 200 

Farmers ....................................................................................................................... 211 

Accumulation Requirements for Storage Tanks: Drip Pads....................................... 211 

Accumulation Requirements for Storage Units: Containment Buildings................... 217 

Air Emissions.............................................................................................................. 223 

Closure and Post-closure............................................................................................. 323 

Special Requirements for Generators of F006............................................................ 329 

Special Requirements for Performance Track Members............................................ 332 

Miscellaneous Resources................................................................................................ 335 

Miscellaneous: ............................................................................................................ 335 

Empty Containers: ...................................................................................................... 335 

Treatment:................................................................................................................... 335 

3
Introduction 

 This web-based document serves as a user-friendly reference to assist 

Environmental Protection Agency (EPA) and state staff, industrial facilities generating 

and managing hazardous wastes as well as the general public, in locating and 

understanding the current RCRA hazardous waste generator regulatory “requirements.”1

These requirements are located primarily in Title 40 of the Code of Federal Regulations 

(CFR) at Part 262. The requirements as laid out in this reference document are organized 

by generator status—that is, conditionally exempt small quantity generators (CESQGs), 

small quantity generators (SQGs), and large quantity generators (LQGs). Please note that 

this reference document is designed to be web-based, so the usefulness of the document 

is maximized when it is viewed on a computer that is connected to the internet. 

This web-based document is not a substitute for the CFR itself or the 

requirements contained in the CFR. This document is also not a rulemaking in any way. 

Additionally, this reference document presents only the federal requirements for 

hazardous waste generators. Most States are authorized to manage their hazardous waste 

generator regulatory program. Therefore, States may have their own set of regulations 

that apply in lieu of federal regulations, and while most state hazardous waste regulations 

are based on the federal requirements, some states have developed regulations more 

stringent than the federal program. We direct you to the following website to determine if 

the state regulatory program is different from the federal program: 

http://www.epa.gov/epaoswer/osw/stateweb.htm

 This web-based document grows out of an evaluation of the hazardous waste 

generator program conducted in the spring of 2004 where EPA solicited input from its 

various stakeholders through the issuance of an Advanced Notice of Proposed 

Rulemaking (ANPRM). (Please see FR Volume 69, No.78, April 22, 2004, pages 21800-

21804.) EPA received over 500 individual comments from numerous organizations 

identifying issues and areas of confusion with the current RCRA generator regulations, 

and offering suggestions for resolving those issues. (Please see www.regulations.gov and 

search for docket number RCRA-2003-0014.) The most frequently mentioned comment 

from stakeholders was the need for EPA to improve the user-friendliness of the existing 

regulations. Commenters noted that the applicable hazardous waste generator regulations 

currently are scattered throughout the CFR and can be difficult to follow due to the large 

number of cross-references. As a result, hazardous waste generators have difficulty in 

understanding which regulations they must comply with. 

 

1

 Please note that hazardous waste generators are technically not subject solely to “requirements” in the 

sense of mandatory “demands,” but are also subject to requirements in the sense of “conditions” or 

“prerequisites” that they must satisfy in order to qualify for optional exemptions from the requirement to 

obtain a RCRA treatment, storage or disposal permit. Specifically, 40 CFR 262.34 provides conditions that 

generators must satisfy in order to be excluded from RCRA permit and TSDF requirements. They are not 

mandatory requirements per se since a generator may choose not to come under 262.34 and choose to seek 

a RCRA permit instead. However, for convenience and simplicity, we use the term “requirements” 

throughout this reference document. 

4
The objective of this document is to address some of the commenters’ concerns 

by consolidating and streamlining the generator regulatory requirements into a helpful 

reference tool that features a user-friendly format, including references to EPA FAQs 

(Frequently Asked Questions), letters, memoranda, and guidance documents that EPA 

has provided to the public through the years to help hazardous waste generators interpret 

the existing hazardous waste regulations. This document does not change any of the 

existing generator regulatory requirements. 

This document is organized by hazardous waste generator status (e.g, CESQG, 

SQG and LQG), and, within those categories, by regulatory requirement as found in the 

CFR. The Summary Table provides a summary of regulatory requirements for each class 

of generator status. Also identified is the specific CFR citation for a particular regulatory 

requirement. In some cases, a particular regulatory requirement will be applicable to all 

classes of generators; in other cases to one or two classes. 

This document is navigable in several ways. First, generators can use the 

Summary Table to link directly to the regulatory citation of interest in the Government 

Printing Office’s Electronic Code of Federal Register website (e-CFR) by 

left-clicking the mouse on the hyperlinks in the table. Clicking on the hyperlink will 

open the e-CFR in a new web-browser window, so the original document will also 

remain open. 

Secondly, generators can take advantage of the Table of Contents (page 2 of the 

document) or the bookmarks (located on the left-hand side of the screen) to navigate 

through the body of the document. The Table of Contents and bookmarks are organized 

by hazardous waste generator status (“Conditionally Exempt Small Quantity Generators”, 

“Small Quantity Generators” and “Large Quantity Generators”). As a subset to each 

category of generator status, the user will find additional bookmarks linking to the 

regulatory requirements for each class of generator. In some cases, a particular 

regulatory requirement will be applicable to all classes of generators; in others cases, to 

one or two classes. As above, generators can use the Table of Contents and bookmarks to 

navigate by clicking the left side of the mouse on the link of interest in order to move 

within the document. 

To help stakeholders better understand specific requirements, we also have 

provided, where applicable, hyperlinks to FAQs, letters, and memoranda issued by EPA, 

as well as guidance documents developed by EPA that provide further clarification of the 

hazardous waste generator regulations. We have attempted to identify the relevant 

related FAQs, letters, memoranda, etc. on a particular subject (miscellaneous resources 

can be found at the end of the document). However, please note that it is possible that 

EPA could have inadvertently overlooked a relevant document and did not include it in 

this reference document. Therefore we cannot guarantee that we captured every relevant 

document in each and every instance. Additionally, once a generator has navigated to the 

regulatory “requirement” of interest, we have provided hyperlinks to the e-CFR website 

when the generator regulations cross-reference themselves or other regulations. 

5
 Because regulations are promulgated throughout the year, EPA intends to update 

this reference document periodically to remain up-to-date with the hazardous waste 

generator regulatory requirements. However, as noted previously, this web-based 

reference document is not a substitute for the CFR itself or the requirements in the CFR. 

Additionally, the Government Printing Office frequently updates the e-CFR website to 

which the document is linked. 

 This reference document assumes that a solid and hazardous waste has been 

generated. Therefore, we have not included the applicable regulatory citations for 

determining if a solid waste (See 40 CFR 261.2) or a hazardous waste (See 40 CFR 

261.3) has been generated. Similarly, we have not included the regulatory citations for 

specific exclusions from either the definition of solid waste and definition of hazardous 

waste found in 40 CFR 261.4, or the requirements for recyclable materials found in 40 

CFR 261.6. However, based on stakeholder comments, EPA is considering whether to 

prepare similar reference documents for other hazardous waste regulations. 

Please contact EPA’s Office of Solid Waste with any questions or comments concerning 

this document: 

Jim O’Leary 

oleary.jim@epa.gov

(703) 308-8827 

Meg McCarthy 

mccarthy.meg@epa.gov

(703) 308-8653 

Version 2 Updates

1. Clarified requirements under Purpose, Scope and Applicability for CESQGs to include 

only 262.10 (a) and (b). 

2. Added link to Definitions at 40 CFR 260.10 found under the General Hazardous Waste 

Generator Resources, as well as general resource documents found at the beginning of the 

CESQG, SQG and LQG sections. 

3. Clarified regulatory requirements under satellite accumulation. Clarifications found at 

end of Summary Table (Footnote) and at beginning of Satellite Accumulation sections for 

SQGs and LQGs. 

4. Corrected regulatory citation for Preparedness and Prevention (Subpart C of Part 265) 

for both SQGs and LQGs. 

5. Corrected regulatory citation for Emergency Response (40 CFR 265 Subpart D) for 

LQGs. 

6
Summary Chart 

Hazardous Waste Generator Regulatory Requirements 

REQUIREMENT CESQG SQG LQG

1 Purpose, Scope and 

Applicability 

See 40 CFR 

262.10 (a) and 

(b) 

See 40 CFR 

262.10

See 40 CFR 

262.10

2 Generator Status Determination See 40 CFR 

261.5(c) and (d)

See 40 CFR 

261.5(c) and (d) 

See 40 CFR 

261.5(c) and (d)

3 Hazardous Waste Determination See 40 CFR 

262.11

See 40 CFR 

262.11

See 40 CFR 

262.11

4 Acute Hazardous Wastes See 40 CFR 

261.5(e) and (f) 

See 40 CFR 

262.34 (c) (1) 

and (c) (2) 

See 40 CFR 

262.34 (c) (1) 

and (c) (2) 

5 Mixing See 40 CFR 

261.5 (h)-(j) 

N/A* N/A

6 On-site Accumulation Time 

Limits 

N/A See 40 CFR 

262.34 (d)-(f) 

See 40 CFR 

262.34 (a) 

7 On-Site Accumulation Quantity 

Limits 

See 261.5 (a) See 40 CFR 

262.34 (d) 

N/A

8 Consequences of Exceeding 

Quantity Limits 

See 261.5 (g) See 40 CFR 

262.34 (f) 

N/A

9 Management Requirements See 40 CFR 

261.5 (g) 

See 10-25 See 10-31 

10 EPA ID Number N/A See 40 CFR 

262.12

See 40 CFR 

262.12

11 Accumulation Requirements for 

Storage Units: Containers 

N/A See 40 CFR 

265.170-174

and 177

See 40 CFR 

265.170-178

12 Accumulation Requirements for 

Storage Units: Tanks 

N/A See 40 CFR 

265.201

See 40 CFR 

265.190-200

and 202

13 Satellite Accumulation N/A See 40 CFR 

262.34 (c) 

See 40 CFR 

262.34 (c) 

7
 REQUIREMENT CESQG SQG LQG

14 Marking and Labeling N/A See 40 CFR 

262.34 (a)(2) 

and (a)(3) 

See 40 CFR 

262.34 (a)(2) 

and (a)(3) 

15 Personnel Training N/A See 40 CFR 

262.34

(d)(5)(iii) 

See 40 CFR 

265.16

16 Recordkeeping N/A See 40 CFR 

262.44

See 40 CFR 

262.40-43

17 Emergency Procedures and 

Response 

N/A See 40 CFR 

262.34

(d)(5)(iv) 

See 40 CFR 

265.50-56

18 Preparedness and Prevention N/A See 40 CFR 

262.34 (d)(5)(i)-

(ii) 

See 40 CFR 

265.30-37

19 Land Disposal Restrictions N/A See 40 CFR 268 See 40 CFR 268

20 Pre-transport Requirements N/A See 40 CFR 

262.30-33 

See 40 CFR 

262.30-33

21 Manifests N/A See 40 CFR 

262.20-27

See 40 CFR 

262.20-27

22 Exports N/A See 40 CFR 

262.50-58

See 40 CFR 

262.50-58

23 Imports N/A See 40 CFR 

262.60

See 40 CFR 

262.60

24 Transfrontier Shipments of 

Hazardous Waste for Recovery 

within the OECD 

N/A See 40 CFR 

262.80-89

See 40 CFR 

262.80-89

25 Farmers N/A See 40 CFR 

262.70

See 40 CFR 

262.70

26 Accumulation Requirements for 

Storage Units: Containment 

Buildings 

N/A N/A See 40 CFR 

265.1100-1102

27 Accumulation Requirements for 

Storage Units: Drip Pads 

N/A N/A See 40 CFR 

265.440-445

8
 REQUIREMENT CESQG SQG LQG

28 Air Emissions 

Subpart AA 

Subpart BB 

Subpart CC 

N/A N/A 

See 40 CFR 

265.1030-1035

See 40 CFR 

265.1050- 1064

See 40 CFR 

265.1080-1090

29 Closure and Post-Closure N/A N/A See 40 CFR 

265.111 and 

114

30 Special Requirements for 

Generators of F006 

N/A N/A See 40 CFR 

262.34 (d)-(i) 

31 Special Requirements for 

Performance Track Members 

N/A N/A See 40 CFR 

262.34 (j) and 

(k) 

* N/A = not applicable 

9
General Hazardous Waste Generator Resources 

• Hazardous Waste Management System: Definitions

• Resource Conservation and Recovery Act: 2006 Orientation Manual

• RCRA Training Modules

o RCRA Hazardous Waste Generator Training Module

o RCRA Hazardous Waste Identification Training Module

• EPA Office of Enforcement and Compliance Assurance: Compliance Assistance 

Centers

• Small Quantity Generator Handbook on Managing Hazardous Waste

• Frequently Asked Questions on Waste

10
CESQG Requirements 

• General Resources for Conditionally Exempt Small Quantity Generators

• Frequently Asked Questions on Waste

• Hazardous Waste Management System: Definitions

Applicability 

§ 262.10: Purpose, scope, and applicability 

(a) These regulations establish standards for generators of hazardous waste. 

(b) 40 CFR 261.5(c) and (d) must be used to determine the applicability of provisions of 

this part that are dependent on calculations of the quantity of hazardous waste generated 

per month. 

Generator Status Determination 

§261.5 (c) and (d): Generator status determination 

(c) When making the quantity determinations of this part and 40 CFR part 262, the 

generator must include all hazardous waste that it generates, except hazardous waste that: 

(1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3), 

261.7(a)(1), or 261.8; or 

(2) Is managed immediately upon generation only in on-site elementary neutralization 

units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40 

CFR 260.10; or 

(3) Is recycled, without prior storage or accumulation, only in an on-site process subject 

to regulation under 40 CFR 261.6(c)(2); or 

(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR part 

279; or 

(5) Is spent lead-acid batteries managed under the requirements of 40 CFR part 266, 

subpart G; or 

(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273. 

 

(d) In determining the quantity of hazardous waste generated, a generator need not 

include: 

(1) Hazardous waste when it is removed from on-site storage; or 

(2) Hazardous waste produced by on- site treatment (including reclamation) of his 

hazardous waste, so long as the hazardous waste that is treated was counted once; or 

(3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so 

long as such spent materials have been counted once. 

Related Resources: 

11
• Amount of Waste Generated Per Month Determines Generator Status

• Management of Hazardous Waste Generated in Quantities Less Than 100 kg and 

Those That Are Thrown Away With Ordinary Garbage

• Generator Quantity Determination for Mixtures

• Generator Quantity Determinations for F006 Listed Sludge (8/16/2002)

• Elementary Neutralization Units

• Generator Counting Requirement for Solvent Stills

Hazardous Waste Determination 

§ 262.11: Hazardous waste determination. 

A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that 

waste is a hazardous waste using the following method: 

(a) He should first determine if the waste is excluded from regulation under 40 CFR 

261.4. 

(b) He must then determine if the waste is listed as a hazardous waste in subpart D of 40 

CFR part 261. 

NOTE: Even if the waste is listed, the generator still has an opportunity under 40 CFR 

260.22 to demonstrate to the Administrator that the waste from his particular facility or 

operation is not a hazardous waste. 

(c) For purposes of compliance with 40 CFR part 268, or if the waste is not listed in 

subpart D of 40 CFR part 261, the generator must then determine whether the waste is 

identified in subpart C of 40 CFR part 261 by either: 

(1) Testing the waste according to the methods set forth in subpart C of 40 CFR part 261, 

or according to an equivalent method approved by the Administrator under 40 CFR 

260.21; or 

(2) Applying knowledge of the hazard characteristic of the waste in light of the materials 

or the processes used. 

(d) If the waste is determined to be hazardous, the generator must refer to parts 261, 264, 

265, 266, 268, and 273 of this chapter for possible exclusions or restrictions pertaining to 

management of the specific waste. [45 FR 33142, May 19, 1980, as amended at 45 FR 

76624, Nov. 19, 1980; 51 FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 

3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995] 

Related Resources: 

• What Makes a Waste Hazardous?

• Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous 

Waste: A Guidance Manual

• Policies Regarding Self-Certification of Non-Hazardous Waste

12
• Analytes to Look For When Performing RCRA Analysis

Scope of Regulation 

§ 261.5: Special requirements for hazardous waste generated by conditionally 

exempt small quantity generators.

(b) Except for those wastes identified in paragraphs (e), (f), (g), and (j) of this section, a 

conditionally exempt small quantity generator’s hazardous wastes are not subject to 

regulation under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and 

the notification requirements of section 3010 of RCRA, provided the generator complies 

with the requirements of paragraphs (f), (g), and (j) of this section 

 

Acute Hazardous Wastes 

§ 261.5: Special requirements for hazardous waste generated by conditionally 

exempt small quantity generators.

(e) If a generator generates acute hazardous waste in a calendar month in quantities 

greater than set forth below, all quantities of that acute hazardous waste are subject to full 

regulation under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and 

the notification requirements of section 3010 of RCRA: 

(1) A total of one kilogram of acute hazardous wastes listed in §§ 261.31, 261.32, or 

261.33(e). 

(2) A total of 100 kilograms of any residue or contaminated soil, waste, or other debris 

resulting from the clean- up of a spill, into or on any land or water, of any acute 

hazardous wastes listed in §§ 261.31, 261.32, or 261.33(e). 

[Comment: ‘‘Full regulation’’ means those regulations applicable to generators of greater 

than 1,000 kg of non-acutely hazardous waste in a calendar month.] 

(f) In order for acute hazardous wastes generated by a generator of acute hazardous 

wastes in quantities equal to or less than those set forth in paragraph (e)(1) or (2) of this 

section to be excluded from full regulation under this section, the generator must comply 

with the following requirements: 

(1) Section 262.11 of this chapter; 

(2) The generator may accumulate acute hazardous waste on-site. If he accumulates at 

any time acute hazardous wastes in quantities greater than those set forth in paragraph 

(e)(1) or (e)(2) of this section, all of those accumulated wastes are subject to regulation 

under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and the 

applicable notification requirements of section 3010 of RCRA. The time period of § 

262.34(a) of this chapter, for accumulation of wastes on-site, begins when the 

accumulated wastes exceed the applicable exclusion limit; 

13
(3) A conditionally exempt small quantity generator may either treat or dispose of his 

acute hazardous waste in an on-site facility or ensure delivery to an off-site treatment, 

storage, or disposal facility, either of which, if located in the U.S., is: 

(i) Permitted under part 270 of this chapter; 

(ii) In interim status under parts 270 and 265 of this chapter; 

(iii) Authorized to manage hazardous waste by a State with a hazardous waste 

management program approved under part 271 of this chapter; 

(iv) Permitted, licensed, or registered by a State to manage municipal solid waste and, if 

managed in a municipal solid waste landfill is subject to Part 258 of this chapter; 

(v) Permitted, licensed, or registered by a State to manage non-municipal non-hazardous 

waste and, if managed in a non-municipal non-hazardous waste disposal unit after 

January 1, 1998, is subject to the requirements in §§ 257.5 through 257.30 of this chapter; 

or 

(vi) A facility which: 

(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or 

(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or 

reclamation; or (vii) For universal waste managed under part 273 of this chapter, a 

universal waste handler or destination facility subject to the requirements of part 273 of 

this chapter. 

Related Resources: 

• Conditionally Exempt Small Quantity Generators Treating in Elementary

Neutralization Units

• Accumulation Time for Acute and Non-Acute Hazardous Wastes

Management Requirements 

§ 261.5: Special requirements for hazardous waste generated by conditionally 

exempt small quantity generators.

(g) In order for hazardous waste generated by a conditionally exempt small quantity 

generator in quantities of less than 100 kilograms of hazardous waste during a calendar 

month to be excluded from full regulation under this section, the generator must comply 

with the following requirements: 

(1) Section 262.11 of this chapter; 

(3) A conditionally exempt small quantity generator may either treat or dispose of his 

hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage 

or disposal facility, either of which, if located in the U.S., is: 

(i) Permitted under part 270 of this chapter; 

(ii) In interim status under parts 270 and 265 of this chapter; 

(iii) Authorized to manage hazardous waste by a State with a hazardous waste 

management program approved under part 271 of this chapter; 

14
(iv) Permitted, licensed, or registered by a State to manage municipal solid waste and, if 

managed in a municipal solid waste landfill is subject to Part 258 of this chapter; 

(v) Permitted, licensed, or registered by a State to manage non-municipal non-hazardous 

waste and, if managed in a non-municipal non-hazardous waste disposal unit after 

January 1, 1998, is subject to the requirements in §§ 257.5 through 257.30 of this chapter; 

or 

(vi) A facility which: 

(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or 

(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or 

reclamation; or (vii) For universal waste managed under part 273 of this chapter, a 

universal waste handler or destination facility subject to the requirements of part 273 of 

this chapter. 

Related Resources: 

• Clarification of §261.5(g)(3)(iv)

• Conditionally Exempt Small Quantity Generator Provisions

Mixing 

§ 261.5: Special requirements for hazardous waste generated by conditionally 

exempt small quantity generators.

(h) Hazardous waste subject to the reduced requirements of this section may be mixed 

with non-hazardous waste and remain subject to these reduced requirements even though 

the resultant mixture exceeds the quantity limitations identified in this section, unless the 

mixture meets any of the characteristics of hazardous waste identified in subpart C. 

(i) If any person mixes a solid waste with a hazardous waste that exceeds a quantity 

exclusion level of this section, the mixture is subject to full regulation. 

(j) If a conditionally exempt small quantity generator’s wastes are mixed with used oil, 

the mixture is subject to part 279 of this chapter. Any material produced from such a 

mixture by processing, blending, or other treatment is also so regulated. 

[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51 FR 40637, 

Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424 May 3, 1993; 60 FR 25541, 

May 11, 1995; 61 FR 34278, July 1, 1996; 63 FR 24968, May 6, 1998; 63 FR 37782, 

July 14, 1998; 68 FR 44665, July 30, 2003] 

Relates Resources: 

• Generator Quantity Determination for Mixtures

On-site Accumulation Quantity Limits 

§ 261.5: Special requirements for hazardous waste generated by conditionally 

exempt small quantity generators.

15
(a) A generator is a conditionally exempt small quantity generator in a calendar month if 

he generates no more than 100 kilograms of hazardous waste in that month. 

Related Resources: 

• Conditionally Exempt Small Quantity Generator Provisions

• Amount of Waste Generated per Month Determines Generator Status

Consequences of Exceeding Quantity Limits 

§ 261.5: Special requirements for hazardous waste generated by conditionally 

exempt small quantity generators. 

(g) In order for hazardous waste generated by a conditionally exempt small quantity 

generator in quantities less than 100 kilograms of hazardous waste during a calendar 

month to be excluded from full regulation under this section, the generator must comply 

with the following: 

(2) The conditionally exempt small quantity generator may accumulate hazardous waste 

on-site. If he accumulates at any time more than a total of 1000 kilograms of his 

hazardous wastes, all of those accumulated wastes are subject to regulation under the 

special provisions of part 262 applicable to generators of between 100 kg and 1000 kg of 

hazardous waste in a calendar month as well as the requirements of parts 263 through 

266, 268, and parts 270 and 124 of this chapter, and the applicable notification 

requirements of section 3010 of RCRA. The time period of § 262.34(d) for accumulation 

of wastes on-site begins for a conditionally exempt small quantity generator when the 

accumulated wastes exceed 1000 kilograms; 

Related Resources: 

• Amount of Waste Generated per Month Determines Generator Status

16
SQG Requirements

• Resources for Small Quantity Generators

• Frequently Asked Questions on Waste

• Hazardous Waste Management System: Definitions

Applicability 

§ 262.10: Purpose, scope, and applicability 

(a) These regulations establish standards for generators of hazardous waste. 

(b) 40 CFR 261.5(c) and (d) must be used to determine the applicability of provisions of 

this part that are dependent on calculations of the quantity of hazardous waste generated 

per month. 

(c) A generator who treats, stores, or disposes of hazardous waste on-site must only 

comply with the following sections of this part with respect to that waste: Section 262.11

for determining whether or not he has a hazardous waste, § 262.12 for obtaining an EPA 

identification number, § 262.34 for accumulation of hazardous waste, § 262.40 (c) and 

(d) for recordkeeping, § 262.43 for additional reporting, and if applicable, § 262.70 for 

farmers. 

(d) Any person who exports or imports hazardous waste subject to the Federal 

manifesting requirements of part 262, or subject to the universal waste management 

standards of 40 CFR Part 273, or subject to State requirements analogous to 40 CFR Part 

273, to or from the countries listed in § 262.58(a)(1) for recovery must comply with 

subpart H of this part. 

(e) Any person who imports hazardous waste into the United States must comply with the 

standards applicable to generators established in this part. 

(f) A farmer who generates waste pesticides which are hazardous waste and who 

complies with all of the requirements of § 262.70 is not required to comply with other 

standards in this part or 40 CFR parts 270, 264, 265, or 268 with respect to such 

pesticides. 

(g) A person who generates a hazardous waste as defined by 40 CFR part 261 is subject 

to the compliance requirements and penalties prescribed in section 3008 of the Act if he 

does not comply with the requirements of this part. 

(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, 

storage, or disposal facility must comply with the generator standards established in this 

part. 

17
(i) Persons responding to an explosives or munitions emergency in accordance with 40 

CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) or (iv), and 270.1(c)(3)(i)(D) or (iii) 

are not required to comply with the standards of this part. 

(j) (1) Universities that are participating in the Laboratory XL project are the University 

of Massachusetts in Boston, Massachusetts, Boston College in Chestnut Hill, 

Massachusetts, and the University of Vermont in Burlington, Vermont (‘‘Universities’’). 

The Universities generate laboratory wastes (as defined in § 262.102), some of which 

will be hazardous wastes. As long as the Universities comply with all the requirements of 

subpart J of this part the Universities’ laboratories that are participating in the University 

Laboratories XL Project as identified in Table 1 of this section, are not subject to the 

provisions of §§ 262.11, 262.34(c), 40 CFR Parts 264 and 265, and the permit 

requirements of 40 CFR Part 270 with respect to said laboratory wastes. 

(2) Each University shall have the right to change its respective departments or the onsite location of its hazardous waste accumulation areas listed in Table 1 of this section 

upon written notice to the Regional Administrator for EPA-Region I and the appropriate 

state agency. Such written notice will be provided at least ten days prior to the effective 

date of any such changes. 

(k) Generators in the Commonwealth of Massachusetts may comply with the State 

regulations regarding Class A recyclable materials in 310 C.M.R. 30.200, when 

authorized by the EPA under 40 CFR part 271, with respect to those recyclable materials 

and matters covered by the authorization, instead of complying with the hazardous waste 

accumulation requirements of § 262.34, the reporting requirements of § 262.41, the 

storage facility operator requirements of 40 CFR parts 264 and 265 and the permitting 

requirements of 40 CFR part 270. Such generators must also comply with any other 

applicable requirements, including any applicable authorized State regulations governing 

hazardous wastes not being recycled and any applicable Federal requirements which are 

being directly implemented by the EPA within Massachusetts pursuant to the Hazardous 

and Solid Waste Amendments of 1984. 

NOTE 1: The provisions of § 262.34 are applicable to the on-site accumulation of 

hazardous waste by generators. Therefore, the provisions of § 262.34 only apply to 

owners or operators who are shipping hazardous waste which they generated at that 

facility. 

NOTE 2: A generator who treats, stores, or disposes of hazardous waste on-site must 

comply with the applicable standards and permit requirements set forth in 40 CFR parts 

264, 265, 266, 268, and 270. [45 FR 33142, May 19, 1980, as amended at 45 FR 86970, 

Dec. 31, 1980; 47 FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 

19, 1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309, Apr. 12, 

1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28,1999; 69 FR 11813, Mar. 12, 

2004] 

18
Generator Status Determination 

§261.5 (c) and (d): Generator status determination 

(c) When making the quantity determinations of this part and 40 CFR part 262, the 

generator must include all hazardous waste that it generates, except hazardous waste that: 

(1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3), 

261.7(a)(1), or 261.8; or 

(2) Is managed immediately upon generation only in on-site elementary neutralization 

units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40 

CFR 260.10; or 

(3) Is recycled, without prior storage or accumulation, only in an on-site process subject 

to regulation under 40 CFR 261.6(c)(2); or 

(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR part 

279; or 

(5) Is spent lead-acid batteries managed under the requirements of 40 CFR part 266, 

subpart G; or 

(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273. 

 

(d) In determining the quantity of hazardous waste generated, a generator need not 

include: 

(1) Hazardous waste when it is removed from on-site storage; or 

(2) Hazardous waste produced by on- site treatment (including reclamation) of his 

hazardous waste, so long as the hazardous waste that is treated was counted once; or 

(3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so 

long as such spent materials have been counted once. 

Related Resources: 

• Amount of Waste Generated Per Month Determines Generator Status

• Determining Generator Status By Including Wastes Collected at Satellite 

Accumulation Areas

• Generator Quantity Determination for Mixtures

• Generator Quantity Determinations for F006 Listed Sludge (8/16/2002)

• Weight of Container for Quantity Determinations (6/1/1994)

• Elementary Neutralization Units

• Generator Counting Requirement for Solvent Stills

• Containment Buildings as Generator Accumulation Units

Hazardous Waste Determination 

§ 262.11: Hazardous waste determination. 

A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that 

waste is a hazardous waste using the following method: 

19
(a) He should first determine if the waste is excluded from regulation under 40 CFR 

261.4. 

(b) He must then determine if the waste is listed as a hazardous waste in subpart D of 40 

CFR part 261. 

NOTE: Even if the waste is listed, the generator still has an opportunity under 40 CFR 

260.22 to demonstrate to the Administrator that the waste from his particular facility or 

operation is not a hazardous waste. 

(c) For purposes of compliance with 40 CFR part 268, or if the waste is not listed in 

subpart D of 40 CFR part 261, the generator must then determine whether the waste is 

identified in subpart C of 40 CFR part 261 by either: 

(1) Testing the waste according to the methods set forth in subpart C of 40 CFR part 261, 

or according to an equivalent method approved by the Administrator under 40 CFR 

260.21; or 

(2) Applying knowledge of the hazard characteristic of the waste in light of the materials 

or the processes used. 

(d) If the waste is determined to be hazardous, the generator must refer to parts 261, 264, 

265, 266, 268, and 273 of this chapter for possible exclusions or restrictions pertaining to 

management of the specific waste. [45 FR 33142, May 19, 1980, as amended at 45 FR 

76624, Nov. 19, 1980; 51 FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 

3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995] 

Related Resources: 

• What Makes a Waste Hazardous?

• Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous 

Waste: A Guidance Manual

• Policies Regarding Self-Certification of Non-Hazardous Waste

• Analytes to Look For When Performing RCRA Analysis

On-site Accumulation Time Limits 

§ 262.34: Accumulation time.

(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms of 

hazardous waste in a calendar month may accumulate hazardous waste on-site for 180 

days or less without a permit or without having interim status provided that: 

(e) A generator who generates greater than 100 kilograms but less than 1000 kilograms of 

hazardous waste in a calendar month and who must transport his waste, or offer his waste 

for transportation, over a distance of 200 miles or more for off-site treatment, storage or 

disposal may accumulate hazardous waste on-site for 270 days or less without a permit or 

without having interim status provided that he complies with the requirements of 

paragraph (d) of this section. 

20
(f) A generator who generates greater than 100 kilograms but less than 1000 kilograms of 

hazardous waste in a calendar month and who accumulates hazardous waste in quantities 

exceeding 6000 kg or accumulates hazardous waste for more than 180 days (or for more 

than 270 days if he must transport his waste, or offer his waste for transportation, over a 

distance of 200 miles or more) is an operator of a storage facility and is subject to the 

requirements of 40 CFR parts 264 and 265 and the permit requirements of 40 CFR part 

270 unless he has been granted an extension to the 180-day (or 270-day if applicable) 

period. Such extension may be granted by EPA if hazardous wastes must remain on-site 

for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and 

uncontrollable circumstances. An extension of up to 30 days may be granted at the 

discretion of the Regional Administrator on a case-by-case basis. 

Note: Subsequently this citation discusses several management requirements (e.g. (d)(2)-

(d)(5)). They are found in this reference document under the following topics: 

262.34(d)(2) references 265 Subpart I, found in “Accumulation Requirements for Storage 

Units: Containers”

262.34(d)(3) references 265.201, found in “Accumulation Requirements for Storage 

Units: Tanks” 

262.34(d)(4) references 262.34(a)(2) and (a)(3), 265 Subpart C, and 268.7(a)(5) 

262.34(d)(5) is found under “Emergency Response” 

Related Resources: 

• 100-1000 kg/mo Generators

• Classification and Possible Modification of the 90-Day Generator Rule

• Small Quantity Generator Accumulation

• Frequently Asked Questions on Generator Treatment

• Generator Treatment in Accumulation Tanks and Containers

• Treatment in Accumulation Tanks and Containers Allowed for All Generators 

Subject to 262.34

On-site Accumulation Quantity Limits 

§ 262.34: Accumulation time. 

(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms of 

hazardous waste in a calendar month may accumulate hazardous waste on-site for 180 

days or less without a permit or without having interim status provided that: 

(1) The quantity of waste accumulated on-site never exceeds 6000 kilograms; 

Related Resources: 

• Management of Hazardous Waste Generated in Quantities Less Than 100 kg and 

those that are Thrown Away with Ordinary Garbage

• Frequently Asked Questions on Hazardous Waste Generator Requirements

• Generator Quantity Determinations for F006 Listed Sludge

• Weight of Container for Quantity Determinations

21
• Amount of Waste Generated per Month Determines Generator Status

Consequences of Exceeding Quantity Limits 

§ 262.34: Accumulation time.

(f) A generator who generates greater than 100 kilograms but less than 1000 kilograms of 

hazardous waste in a calendar month and who accumulates hazardous waste in quantities 

exceeding 6000 kg or accumulates hazardous waste for more than 180 days (or for more 

than 270 days if he must transport his waste, or offer his waste for transportation, over a 

distance of 200 miles or more) is an operator of a storage facility and is subject to the 

requirements of 40 CFR parts 264 and 265 and the permit requirements of 40 CFR part 

270 unless he has been granted an extension to the 180-day (or 270-day if applicable) 

period. Such extension may be granted by EPA if hazardous wastes must remain on-site 

for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and 

uncontrollable circumstances. An extension of up to 30 days may be granted at the 

discretion of the Regional Administrator on a case-by-case basis. 

EPA ID Number 

§ 262.12: EPA identification numbers. 

(a) A generator must not treat, store, dispose of, transport, or offer for transportation, 

hazardous waste without having received an EPA identification number from the 

Administrator. 

(b) A generator who has not received an EPA identification number may obtain one by 

applying to the Administrator using EPA form 8700–12. Upon receiving the request the 

Administrator will assign an EPA identification number to the generator. 

(c) A generator must not offer his hazardous waste to transporters or to treatment, 

storage, or disposal facilities that have not received an EPA identification number. 

Related Resources: 

• Managing Your Hazardous Waste: A Guide for Small Businesses

Accumulation Requirements for Storage Units: Containers 

Subpart I—Use and Management of Containers 

§ 265.170: Applicability. 

The regulations in this subpart apply to owners and operators of all hazardous waste 

22
facilities that store containers of hazardous waste, except as§ 265.1 provides otherwise. 

§ 265.171: Condition of containers. 

If a container holding hazardous waste is not in good condition, or if it begins to leak, the 

owner or operator must transfer the hazardous waste from this container to a container 

that is in good condition, or manage the waste in some other way that complies with the 

requirements of this part. 

§ 265.172: Compatibility of waste with container. 

The owner or operator must use a container made of or lined with materials which will 

not react with, and are otherwise compatible with, the hazardous waste to be stored, so 

that the ability of the container to contain the waste is not impaired. 

§ 265.173: Management of containers. 

(a) A container holding hazardous waste must always be closed during storage, except 

when it is necessary to add or remove waste. 

(b) A container holding hazardous waste must not be opened, handled, or stored in a 

manner which may rupture the container or cause it to leak. 

[Comment: Re-use of containers in transportation is governed by U.S. Department of 

Transportation regulations, including those set forth in 49 CFR 173.28.] 

[45 FR 33232, May 19, 1980, as amended at 45 FR 78529, Nov. 25, 1980] 

§ 265.174: Inspections. 

At least weekly, the owner or operator must inspect areas where containers are stored, 

except for Performance Track member facilities, that must conduct inspections at least 

once each month, upon approval by the Director. To apply for reduced inspection 

frequency, the Performance Track member facility must follow the procedures described 

in §265.15(b)(5) of this part. The owner or operator must look for leaking containers and 

for deterioration of containers caused by corrosion or other factors. 

[Comment: See §265.171 for remedial action required if deterioration or leaks are 

detected.] 

[71 FR 16910, Apr. 4, 2006, as amended at 71 FR 40275, July 14, 2006] 

§ 265.175: [Reserved] 

§ 265.177: Special requirements for incompatible wastes. 

(a) Incompatible wastes, or incompatible wastes and materials, (see appendix V for 

examples) must not be placed in the same container, unless § 265.17(b) is complied with. 

23
(b) Hazardous waste must not be placed in an unwashed container that previously held an 

incompatible waste or material (see appendix V for examples), unless § 265.17(b) is 

complied with. 

(c) A storage container holding a hazardous waste that is incompatible with any waste or 

other materials stored nearby in other containers, piles, open tanks, or surface 

impoundments must be separated from the other materials or protected from them by 

means of a dike, berm, wall, or other device. 

[Comment: The purpose of this is to prevent fires, explosions, gaseous emissions, 

leaching, or other discharge of hazardous waste or hazardous waste constituents which 

could result from the mixing of incompatible wastes or materials if containers break or 

leak.] 

Related Resources: 

• Hazardous Waste Container Storage Requirements

• Treating Wastes in Generators Accumulation Tanks and Containers

• Containers Storing Hazardous Waste, Requirements

• Containers for Safe and Economical Storage, Transport, and Disposal of

Hazardous Waste

• Frequently Asked Questions on Generator Treatment

Accumulation Requirements for Storage Units: Tanks 

Subpart J- Tank Systems 

Source: 51 FR 25479, July 14, 1986, unless otherwise noted. 

§ 265.201: Special requirements for generators of between 100 and 1,000 kg/mo that 

accumulate hazardous waste in tanks. 

(a) The requirements of this section apply to small quantity generators of more than 100 

kg but less than 1,000 kg of hazardous waste in a calendar month, that accumulate 

hazardous waste in tanks for less than 180 days (or 270 days if the generator must ship 

the waste greater than 200 miles), and do not accumulate over 6,000 kg on-site at any 

time. 

(b) Generators of between 100 and 1,000 kg/mo hazardous waste must comply with the 

following general operating requirements: 

(1) Treatment or storage of hazardous waste in tanks must comply with § 265.17(b). 

(2) Hazardous wastes or treatment reagents must not be placed in a tank if they could 

cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end 

of its intended life. 

(3) Uncovered tanks must be operated to ensure at least 60 centimeters (2 feet) of 

freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), 

a drainage control system, or a diversion structure (e.g., standby tank) with a capacity that 

equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank. 

(4) Where hazardous waste is continuously fed into a tank, the tank must be equipped 

24
with a means to stop this inflow (e.g., waste feed cutoff system or by-pass system to a 

stand-by tank). 

NOTE: These systems are intended to be used in the event of a leak or overflow from the 

tank due to a system failure (e.g., a malfunction in the treatment process, a crack in the 

tank, etc.). 

(c) Except as noted in paragraph (d) of this section, generators who accumulate between 

100 and 1,000 kg/mo of hazardous waste in tanks must inspect, where present: 

(1) Discharge control equipment (e.g., waste feed cutoff systems, by-pass systems, and 

drainage systems) at least once each operating day, to ensure that it is in good working 

order; 

(2) Data gathered from monitoring equipment (e.g., pressure and temperature gauges) at 

least once each operating day to ensure that the tank is being operated according to its 

design; 

(3) The level of waste in the tank at least once each operating day to ensure compliance 

with § 265.201(b)(3); 

(4) The construction materials of the tank at least weekly to detect corrosion or leaking of 

fixtures or seams; and 

(5) The construction materials of, and the area immediately surrounding, discharge 

confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of 

leakage (e.g., wet spots or dead vegetation). 

NOTE: As required by § 265.15(c), the owner or operator must remedy any deterioration 

or malfunction he finds. 

(d) Generators who accumulate between 100 and 1,000 kg/mo of hazardous waste in 

tanks or tank systems that have full secondary containment and that either use leak 

detection equipment to alert facility personnel to leaks, or implement established 

workplace practices to ensure leaks are promptly identified, must inspect at least weekly, 

where applicable, the areas identified in paragraphs (c)(1) through (5) of this section. Use 

of the alternate inspection schedule must be documented in the facility's operating record. 

This documentation must include a description of the established workplace practices at 

the facility. 

(e) Performance Track member facilities may inspect on a less frequent basis, upon 

approval by the Director, but must inspect at least once each month. To apply for a less 

than weekly inspection frequency, the Performance Track member facility must follow 

the procedures described in §265.15(b)(5). 

(f) Generators of between 100 and 1,000 kg/mo accumulating hazardous waste in tanks 

must, upon closure of the facility, remove all hazardous waste from tanks, discharge 

control equipment, and discharge confinement structures. 

25
Note: At closure, as throughout the operating period, unless the owner or operator can 

demonstrate, in accordance with §261.3(c) or (d) of this chapter, that any solid waste 

removed from his tank is not a hazardous waste, the owner or operator becomes a 

generator of hazardous waste and must manage it in accordance with all applicable 

requirements of parts 262, 263, and 265 of this chapter. 

(g) Generators of between 100 and 1,000 kg/mo must comply with the following special 

requirements for ignitable or reactive waste: 

(1) Ignitable or reactive waste must not be placed in a tank, unless: 

(i) The waste is treated, rendered, or mixed before or immediately after placement in a 

tank so that (A) the resulting waste, mixture, or dissolution of material no longer meets 

the definition of ignitable or reactive waste under §261.21 or §261.23 of this chapter, and 

(B) §265.17(b) is complied with; or 

(ii) The waste is stored or treated in such a way that it is protected from any material or 

conditions that may cause the waste to ignite or react; or 

(iii) The tank is used solely for emergencies. 

(2) The owner or operator of a facility which treats or stores ignitable or reactive waste in 

covered tanks must comply with the buffer zone requirements for tanks contained in 

Tables 2–1 through 2–6 of the National Fire Protection Association's “Flammable and 

Combustible Liquids Code,” (1977 or 1981) (incorporated by reference, see §260.11). 

(h) Generators of between 100 and 1,000 kg/mo must comply with the following special 

requirements for incompatible wastes: 

(1) Incompatible wastes, or incompatible wastes and materials, (see appendix V for 

examples) must not be placed in the same tank, unless §265.17(b) is complied with. 

(2) Hazardous waste must not be placed in an unwashed tank which previously held an 

incompatible waste or material, unless §265.17(b) is complied with. 

[51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 71 FR 16911, 

Apr. 4, 2006; 71 FR 40275, July 14, 2006] 

Related Resources: 

• Hazardous Waste Tanks Inspection Manual

• Hazardous Waste Tanks

• Hazardous Waste Tanks - Installation/Certification of Secondary Containment

• Hazardous Waste Tanks/Containers – Capacity of Secondary Containment

• Releases From 90 Day Accumulation Tanks

• Secondary Containment for Hazardous Waste Tanks

26
• Secondary Containment Systems for Hazardous Waste Tanks

• Hazardous Waste Tank - Leak Detection

• Tank Integrity Assessments

• Tanks Holding Hazardous Waste

• Integrity Assessment for Hazardous Waste Tanks and Post-Closure Requirements

• Accumulation of Hazardous Waste in Tanks (90-Day)

• Inspections Requirements for Hazardous Waste Tanks

• Tank Replacement

• Start Dates on Large Quantity Generator Tanks

• Clarification of Requirements for Secondary Containment Systems Associated 

With Hazardous Waste Tanks

 

Satellite Accumulation 

Note: Hazardous wastes stored in satellite accumulation areas have fewer regulatory 

requirements than wastes stored in central accumulation areas by small and large quantity 

generators. For a discussion of these reduced requirements, please see the following 

memorandum: Frequently Asked Questions about Satellite Accumulation Areas

§262.34: Accumulation time.

(c)(1) A generator may accumulate as much as 55 gallons of hazardous waste or one 

quart of acutely hazardous waste listed in § 261.33(e) in containers at or near any point of 

generation where wastes initially accumulate, which is under the control of the operator 

of the process generating the waste, without a permit or interim status and without 

complying with paragraph (a) of this section provided he: 

(i) Complies with §§ 265.171, 265.172, and 265.173(a) of this chapter; and 

(ii) Marks his containers either with the words ‘‘Hazardous Waste’’ or with other words 

that identify the contents of the containers. 

(2) A generator who accumulates either hazardous waste or acutely hazardous waste 

listed in § 261.33(e) in excess of the amounts listed in paragraph (c)(1) of this section at 

or near any point of generation must, with respect to that amount of excess waste, comply 

within three days with paragraph (a) of this section or other applicable provisions of this 

chapter. During the three day period the generator must continue to comply with 

paragraphs (c)(1)(i) through (ii) of this section. The generator must mark the container 

holding the excess accumulation of hazardous waste with the date the excess amount 

began accumulating. 

Related Resources: 

• Clarification of Section 262.34(A) Accumulation Time for Excess of 55-Gallon

Limit in Satellite Accumulation Areas

• Frequently Asked Questions about Satellite Accumulation Areas

27
• Satellite Accumulation

• Satellite Accumulation Area and Regulations

• Cabinets as Satellite Accumulation Areas

• Clarification: Satellite Accumulation Provision

• Determining Generator Status by Including Wastes Collected at Satellite 

Accumulation Areas

• Clarification of the Satellite Accumulation Provision for Hazardous Waste 

Generators

• Clarification of Section 262.34(a) Accumulation Time for Excess of 55-Gallon 

Limit in Satellite Accumulation Areas

• Generator Satellite Accumulation/Counting Requirements

• Satellite Accumulation Area Regulations

• Regulations That Apply to Generators Who Accumulate Waste in Containers At 

Or Near the Point of Generation

Marking and Labeling 

§ 262.34: Accumulation time.

(a)(2) The date upon which each period of accumulation begins is clearly marked and 

visible for inspection on each container; 

(a)(3) While being accumulated on-site, each container and tank is labeled or marked 

clearly with the words, ‘‘Hazardous Waste’’; and... (Note: End of discussion on 

labeling and marking)

Related Resources: 

• Small Quantity Generator Accumulation

• Hazardous Waste Container Labeling Requirements

Personnel Training 

§ 262.34: Accumulation time. 

(d)(5)(iii) The generator must ensure that all employees are thoroughly familiar with 

proper waste handling and emergency procedures, relevant to their responsibilities during 

normal facility operations and emergencies; 

Related Resources: 

• Episodic Generators and Personnel Training

• Clarification on the Amount, Type, and Frequency of Training Required for

Personnel Handling Hazardous Waste at Facilities

• Interpretation of the Annual Training Requirements

• Training Employees

28
• Generator Personnel Training Requirements

• Hazardous Waste Training Under 40 CFR 262.34

• Training and Manifest Signature Requirements for Generators

Recordkeeping and Reporting 

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

A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous 

waste in a calendar month is subject only to the following requirements in this subpart: 

(a) Section 262.40(a), (c), and (d), recordkeeping; 

(b) Section 262.42(b), exception reporting; and 

(c) Section 262.43, additional reporting. 

[52 FR 35899, Sept. 23, 1987] 

Related Resources: 

• Recordkeeping Requirements for Owners or Operators Assuming Generator

Responsibilities

• Recordkeeping Requirements for Small Quantity Generators Subject to Land 

Disposal Restrictions

• Interpretation of 40 CFR 268.7 Requirements

• Amendments to Part 262 Hazardous Waste Determination and Recordkeeping 

Requirements of Part 262 and 268

Preparedness and Prevention 

Subpart C—Preparedness and Prevention 

§ 265.30 Applicability. 

The regulations in this subpart apply to owners and operators of all hazardous waste 

facilities, except as § 265.1 provides otherwise. 

§ 265.31 Maintenance and operation of facility. 

Facilities must be maintained and operated to minimize the possibility of a fire, 

explosion, or any unplanned sudden or non-sudden release of hazardous waste or 

hazardous waste constituents to air, soil, or surface water which could threaten human 

health or the environment. 

§ 265.32 Required equipment. 

All facilities must be equipped with the following, unless none of the hazards posed by 

29
waste handled at the facility could require a particular kind of equipment specified below: 

(a) An internal communications or alarm system capable of providing immediate 

emergency instruction (voice or signal) to facility personnel; 

(b) A device, such as a telephone (immediately available at the scene of operations) or a 

hand-held two-way radio, capable of summoning emergency assistance from local police 

departments, fire departments, or State or local emergency response teams; 

(c) Portable fire extinguishers, fire control equipment (including special extinguishing 

equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, 

and decontamination equipment; and 

(d) Water at adequate volume and pressure to supply water hose streams, or foam 

producing equipment, or automatic sprinklers, or water spray systems. 

§ 265.33 Testing and maintenance of equipment. 

All facility communications or alarm systems, fire protection equipment, spill control 

equipment, and decontamination equipment, where required, must be tested and 

maintained as necessary to assure its proper operation in time of emergency. 

§ 265.34 Access to communications or alarm system

 (a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all 

personnel involved in the operation must have immediate access to an internal alarm or 

emergency communication device, either directly or through visual or voice contact with 

another employee, unless such a device is not required under § 265.32. 

(b) If there is ever just one employee on the premises while the facility is operating, he 

must have immediate access to a device, such as a telephone (immediately available at 

the scene of operation) or a hand-held two-way radio, capable of summoning external 

emergency assistance, unless such a device is not required under § 265.32. 

 

 

§ 265.35 Required aisle space 

 

The owner or operator must maintain aisle space to allow the unobstructed movement of 

personnel, fire protection equipment, spill control equipment, and decontamination 

equipment to any area of facility operation in an emergency, unless aisle space is not 

needed for any of these purposes. 

§ 265.36 [Reserved] 

§ 265.37 Arrangements with local authorities 

 

(a) The owner or operator must attempt to make the following arrangements, as 

appropriate for the type of waste handled at his facility and the potential need for the 

services of these organizations: 

(1) Arrangements to familiarize police, fire departments, and emergency response teams 

with the layout of the facility, properties of hazardous waste handled at the facility and 

30
associated hazards, places where facility personnel would normally be working, entrances 

to roads inside the facility, and possible evacuation routes; 

(2) Where more than one police and fire department might respond to an emergency, 

agreements designating primary emergency authority to a specific police and a specific 

fire department, and agreements with any others to provide support to the primary 

emergency authority; 

(3) Agreements with State emergency response teams, emergency response contractors, 

and equipment suppliers; and 

(4) Arrangements to familiarize local hospitals with the properties of hazardous waste 

handled at the facility and the types of injuries or illnesses which could result from fires, 

explosions, or releases at the facility. 

(b) Where State or local authorities decline to enter into such arrangements, the owner or 

operator must document the refusal in the operating record. 

Emergency Procedures and Response 

§262.34: Accumulation time.

(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms of 

hazardous waste in a calendar month may accumulate hazardous waste on-site for 180 

days or less without a permit or without having interim status provided that: 

(5) The generator complies with the following requirements: 

(i) At all times there must be at least one employee either on the premises or on call (i.e.

available to respond to an emergency by reaching the facility within a short period of 

time) with the responsibility for coordinating all emergency response measures specified 

in paragraph (d)(5)(iv) of this section. This employee is the emergency coordinator. 

(ii) The generator must post the following information next to the telephone: 

(A) The name and telephone number of the emergency coordinator; 

(B) Location of fire extinguishers and spill control material, and, if present, fire alarm; 

and 

(C) The telephone number of the fire department unless the facility has a direct alarm. 

(iii) The generator must ensure that all employees are thoroughly familiar with proper 

waste handling and emergency procedures, relevant to their responsibilities during 

normal facility operations and emergencies; 

(iv) The emergency coordinator or his designee must respond to any emergencies that 

arise. The applicable responses are as follows: 

(A) In the event of a fire, call the fire department or attempt to extinguish it using a fire 

extinguisher; 

(B) In the event of a spill, contain the flow of hazardous waste to the extent possible, and 

as soon as is practicable, clean up the hazardous waste and any contaminated materials or 

soil; 

(C) In the event of a fire, explosion, or other release which could threaten human health 

outside the facility or when the generator has knowledge that a spill has reached surface 

water, the generator must immediately notify the National Response Center (using their 

31
24-hour toll free number 800/424–8802). The report must include the following 

information: 

(1) The name, address, and U.S. EPA Identification Number of the generator; 

(2) Date, time, and type of incident (e.g., spill or fire); 

(3) Quantity and type of hazardous waste involved in the incident; 

(4) Extent of injuries, if any; and 

(5) Estimated quantity and disposition of recovered materials, if any. 

Related Resources: 

• Interpretation of Generator Requirements as Applied to Various On-Site and OffSite Scenarios

• Interpretation of RCRA Regulations Pertaining to the Remediation of 

Contamination

Land Disposal Restrictions 

§ 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 §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 §268.6, with respect to those wastes and units covered by the petition; 

(3) Wastes that are hazardous only because they exhibit a hazardous characteristic, and 

which are otherwise prohibited under this part, or part 148 of this chapter, are not 

prohibited if the wastes: 

(i) Are disposed into a nonhazardous or hazardous injection well as defined under 40 

CFR 146.6(a); and 

(ii) Do not exhibit any prohibited characteristic of hazardous waste identified in 40 CFR 

part 261, subpart C at the point of injection. 

32
(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 §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 Actequivalent treatment as defined in §268.37(a); and 

(iv) The wastes no longer exhibit a prohibited characteristic at the point of land disposal 

(i.e., placement in a surface impoundment). 

(d) The requirements of this part shall not affect the availability of a waiver under section 

121(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability 

Act of 1980 (CERCLA). 

(e) The following hazardous wastes are not subject to any provision of part 268: 

(1) Waste generated by small quantity generators of less than 100 kilograms of non-acute 

hazardous waste or less than 1 kilogram of acute hazardous waste per month, as defined 

in §261.5 of this chapter; 

(2) Waste pesticides that a farmer disposes of pursuant to §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. 

33
(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 §273.3 of this chapter; 

(3) Mercury-containing equipment as described in §273.4 of this chapter; and 

(4) Lamps as described in 40 CFR 273.5. 

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 53 FR 27165, 

July 19, 1988; 53 FR 31212, Aug. 17, 1988; 54 FR 36970, Sept. 6, 1989; 55 FR 22686, 

June 1, 1990; 58 FR 29884, May 24, 1993; 59 FR 48043, Sept. 19, 1994; 60 FR 25542, 

May 11, 1995; 61 FR 15663, Apr. 8, 1996; 61 FR 33682, June 28, 1996; 62 FR 26019, 

May 12, 1997; 64 FR 36488, July 6, 1999; 70 FR 45520, Aug. 5, 2005] 

§ 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 carbonhalogen bond which are listed under appendix III to this part. 

(b) Hazardous constituent or constituents means those constituents listed in appendix 

VIII to part 261 of this chapter. 

(c) Land disposal means placement in or on the land, except in a corrective action 

management unit or staging pile, and includes, but is not limited to, placement in a 

landfill, surface impoundment, waste pile, injection well, land treatment facility, salt 

dome formation, salt bed formation, underground mine or cave, or placement in a 

concrete vault, or bunker intended for disposal purposes. 

(d) Nonwastewaters are wastes that do not meet the criteria for wastewaters in paragraph 

(f) of this section. 

(e) Polychlorinated biphenyls or PCBs are halogenated organic compounds defined in 

accordance with 40 CFR 761.3. 

(f) Wastewaters are wastes that contain less than 1% by weight total organic carbon 

(TOC) and less than 1% by weight total suspended solids (TSS). 

(g) Debris means solid material exceeding a 60 mm particle size that is intended for 

disposal and that is: a manufactured object; or plant or animal matter; or natural geologic 

material. However, the following materials are not debris: any material for which a 

34
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 §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 §268.3. 

(i) Underlying hazardous constituent means any constituent listed in §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 §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 §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] 

§ 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 

35
effective date of a prohibition in subpart C of this part, to otherwise avoid a prohibition in 

subpart C of this part, or to circumvent a land disposal prohibition imposed by RCRA 

section 3004. 

(b) Dilution of wastes that are hazardous only because they exhibit a characteristic in 

treatment systems which include land- based units which treat wastes subsequently 

discharged to a water of the United States pursuant to a permit issued under section 402 

of the Clean Water Act (CWA), or which treat wastes in a CWA-equivalent treatment 

system, or which treat wastes for the purposes of pretreatment requirements under section 

307 of the CWA is not impermissible dilution for purposes of this section unless a 

method other than DEACT has been specified in §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 §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] 

36
§ 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 §268.7 or §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 §264.13 or §265.13, must be designed such that representative 

samples of the sludge and the supernatant are tested separately rather than mixed to form 

homogeneous samples. 

(ii) Removal. The following treatment residues (including any liquid waste) must be 

removed at least annually; residues which do not meet the treatment standards 

promulgated under subpart D of this part; residues which do not meet the prohibition 

levels established under subpart C of this part or imposed by statute (where no treatment 

standards have been established); residues which are from the treatment of wastes 

prohibited from land disposal under subpart C of this part (where no treatment standards 

have been established and no prohibition levels apply); or residues from managing listed 

wastes which are not delisted under §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 §§264.13 and 

265.13 of this chapter apply. 

(3) The impoundment meets the design requirements of §264.221(c) or §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 §264.221 (d) or (e) of this chapter, or to §265.221 (c) or (d) of 

this chapter; or, 

37
(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 §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] 

§ 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; 

38
(2) He has entered into a binding contractual commitment to construct or otherwise 

provide alternative treatment, recovery (e.g., recycling), or disposal capacity that meets 

the treatment standards specified in subpart D or, where treatment standards have not 

been specified, such treatment, recovery, or disposal capacity is protective of human 

health and the environment. 

(3) Due to circumstances beyond the applicant's control, such alternative capacity cannot 

reasonably be made available by the applicable effective date. This demonstration may 

include a showing that the technical and practical difficulties associated with providing 

the alternative capacity will result in the capacity not being available by the applicable 

effective date; 

(4) The capacity being constructed or otherwise provided by the applicant will be 

sufficient to manage the entire quantity of waste that is the subject of the application; 

(5) He provides a detailed schedule for obtaining required operating and construction 

permits or an outline of how and when alternative capacity will be available; 

(6) He has arranged for adequate capacity to manage his waste during an extension and 

has documented in the application the location of all sites at which the waste will be 

managed; and 

(7) Any waste managed in a surface impoundment or landfill during the extension period 

will meet the requirements of paragraph (h)(2) of this section. 

(b) An authorized representative signing an application described under paragraph (a) of 

this section shall make the following certification: 

I certify under penalty of law that I have personally examined and am familiar with the 

information submitted in this document and all attachments and that, based on my inquiry 

of those individuals immediately responsible for obtaining the information, I believe that 

the information is true, accurate, and complete. I am aware that there are significant 

penalties for submitting false information, including the possibility of fine and 

imprisonment. 

(c) After receiving an application for an extension, the Administrator may request any 

additional information which he deems as necessary to evaluate the application. 

(d) An extension will apply only to the waste generated at the individual facility covered 

by the application and will not apply to restricted waste from any other facility. 

(e) On the basis of the information referred to in paragraph (a) of this section, after notice 

and opportunity for comment, and after consultation with appropriate State agencies in all 

affected States, the Administrator may grant an extension of up to 1 year from the 

effective date. The Administrator may renew this extension for up to 1 additional year 

upon the request of the applicant if the demonstration required in paragraph (a) of this 

39
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 §268.50(a) do not apply; and 

(2) Such hazardous waste may be disposed in a landfill or surface impoundment only if 

such unit is in compliance with the technical requirements of the following provisions 

regardless of whether such unit is existing, new, or a replacement or lateral expansion. 

(i) The landfill, if in interim status, is in compliance with the requirements of subpart F of 

part 265 and §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 §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, §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 §264.221 (c), (d) and (e) of this chapter; or 

40
(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 §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 §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] 

§ 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; 

41
(5) Sufficient information to assure the Administrator that the owner or operator of a land 

disposal unit receiving restricted waste(s) will comply with other applicable Federal, 

State, and local laws. 

(b) The demonstration referred to in paragraph (a) of this section must meet the following 

criteria: 

(1) All waste and environmental sampling, test, and analysis data must be accurate and 

reproducible to the extent that state-of-the-art techniques allow; 

(2) All sampling, testing, and estimation techniques for chemical and physical properties 

of the waste and all environmental parameters must have been approved by the 

Administrator; 

(3) Simulation models must be calibrated for the specific waste and site conditions, and 

verified for accuracy by comparison with actual measurements; 

(4) A quality assurance and quality control plan that addresses all aspects of the 

demonstration must be approved by the Administrator; and, 

(5) An analysis must be performed to identify and quantify any aspects of the 

demonstration that contribute significantly to uncertainty. This analysis must include an 

evaluation of the consequences of predictable future events, including, but not limited to, 

earthquakes, floods, severe storm events, droughts, or other natural phenomena. 

(c) Each petition referred to in paragraph (a) of this section must include the following: 

(1) A monitoring plan that describes the monitoring program installed at and/or around 

the unit to verify continued compliance with the conditions of the variance. This 

monitoring plan must provide information on the monitoring of the unit and/or the 

environment around the unit. The following specific information must be included in the 

plan: 

(i) The media monitored in the cases where monitoring of the environment around the 

unit is required; 

(ii) The type of monitoring conducted at the unit, in the cases where monitoring of the 

unit is required; 

(iii) The location of the monitoring stations; 

(iv) The monitoring interval (frequency of monitoring at each station); 

(v) The specific hazardous constituents to be monitored; 

(vi) The implementation schedule for the monitoring program; 

42
(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 

43
requires further action, which may include termination of waste acceptance and 

revocation of the petition, petition modifications, or other responses. 

(f) If the owner or operator determines that there is migration of hazardous constituent(s) 

from the unit, the owner or operator must: 

(1) Immediately suspend receipt of prohibited waste at the unit, and 

(2) Notify the Administrator, in writing, within 10 days of the determination that a release 

has occurred. 

(3) Following receipt of the notification the Administrator will determine, within 60 days 

of receiving notification, whether the owner or operator can continue to receive 

prohibited waste in the unit and whether the variance is to be revoked. The Administrator 

shall also determine whether further examination of any migration is warranted under 

applicable provisions of part 264 or part 265. 

(g) Each petition must include the following statement signed by the petitioner or an 

authorized representative: 

I certify under penalty of law that I have personally examined and am familiar with the 

information submitted in this petition and all attached documents, and that, based on my 

inquiry of those individuals immediately responsible for obtaining the information, I 

believe that submitted information is true, accurate, and complete. I am aware that there 

are significant penalties for submitting false information, including the possibility of fine 

and imprisonment. 

(h) After receiving a petition, the Administrator may request any additional information 

that reasonably may be required to evaluate the demonstration. 

(i) If approved, the petition will apply to land disposal of the specific restricted waste at 

the individual disposal unit described in the demonstration and will not apply to any other 

restricted waste at that disposal unit, or to that specific restricted waste at any other 

disposal unit. 

(j) The Administrator will give public notice in the Federal Register of the intent to 

approve or deny a petition and provide an opportunity for public comment. The final 

decision on a petition will be published in the Federal Register. 

(k) The term of a petition granted under this section shall be no longer than the term of 

the RCRA permit if the disposal unit is operating under a RCRA permit, or up to a 

maximum of 10 years from the date of approval provided under paragraph (g) of this 

section if the unit is operating under interim status. In either case, the term of the granted 

petition shall expire upon the termination or denial of a RCRA permit, or upon the 

termination of interim status or when the volume limit of waste to be land disposed 

during the term of petition is reached. 

44
(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] 

§ 268.7: Testing, tracking, and recordkeeping requirements for generators, treaters, 

and disposal facilities. 

(a) Requirements for generators: (1) A generator of hazardous waste must determine if 

the waste has to be treated before it can be land disposed. This is done by determining if 

the hazardous waste meets the treatment standards in §268.40, 268.45, or §268.49. This 

determination can be made concurrently with the hazardous waste determination required 

in §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, Physical/Chemical Methods,” EPA Publication SW–846, (incorporated by 

reference, see §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 RCRApermitted hazardous waste treatment facility, where the waste treatment facility must 

comply with the requirements of §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 §268.40, and are described 

in detail in §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 §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 

45
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 §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 §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 §261.3(f) of this chapter are not subject to 

these requirements. 

(4) For reporting, tracking, and recordkeeping when exceptions allow certain wastes or 

contaminated soil that do not meet the treatment standards to be land disposed: There are 

certain exemptions from the requirement that hazardous wastes or contaminated soil meet 

treatment standards before they can be land disposed. These include, but are not limited 

to case-by-case extensions under §268.5, disposal in a no-migration unit under §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 

46
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 

Required information §268.7 

(a)(2) 

§268.7 

(a)(3) 

§268.7 

(a)(4) 

§268.7 

(a)(9) 

1. EPA Hazardous Waste Numbers and Manifest 

Number of first shipment 

9 9 9 9

2. Statement: this waste is not prohibited from land 

disposal 

9

3. The waste is subject to the LDRs. The 

constituents of concern for F001-F005, and F039, 

and underlying hazardous constituents in 

characteristic wastes, unless the waste will be 

treated and monitored for all constituents. If all 

constituents will be treated and monitored, there is 

no need to put them all on the LDR notice 

9 9

4. The notice must include the applicable 

wastewater/nonwastewater category (see §§ 

268.2(d) and (f)) and subdivisions made within a 

waste code based on waste-specific criteria (such 

as D003 reactive cyanide) 

9 9

5. Waste analysis data (when available) 9 9 9

6. Date the waste is subject to the prohibition 9

7. For hazardous debris, when treating with the 

alternative treatment technologies provided by 

§268.45: the contaminants subject to treatment, as 

described in § 268.45(b); and an indication that 

these contaminants are being treated to comply 

with § 268.45

9 9

8. For contaminated soil subject to LDRs as 

provided in § 268.49(a), the constituents subject to 

treatment as described in § 268.49(d), and the 

following statement: This contaminated soil 

[does/does not] 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 § 

268.49(c) or the universal treatment standards 

9 9

9. A certification is needed (see applicable section 

for exact wording) 

9 9

47
(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks, 

containers, or containment buildings regulated under 40 CFR 262.34 to meet applicable 

LDR treatment standards found at §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, §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 §268.7(a)(3). 

(6) If a generator determines that the waste or contaminated soil is restricted based solely 

on his knowledge of the waste, all supporting data used to make this determination must 

be retained on-site in the generator's files. If a generator determines that the waste is 

restricted based on testing this waste or an extract developed using the test method 1311 

in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA 

Publication SW–846, as referenced in §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 

48
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 §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 “§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 §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 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 §260.11 of this 

49
chapter) to assure that the treatment residues extract meet the applicable treatment 

standards. 

(2) For wastes or contaminated soil with treatment standards expressed as concentrations 

in the waste, the owner or operator of the treatment facility must test the treatment 

residues (not an extract of such residues) to assure that they meet the applicable treatment 

standards. 

(3) A one-time notice must be sent with the initial shipment of waste or contaminated soil 

to the land disposal facility. A copy of the notice must be placed in the treatment facility's 

file. 

(i) No further notification is necessary until such time that the waste or receiving facility 

change, in which case a new notice must be sent and a copy placed in the treatment 

facility's file. 

(ii) The one-time notice must include these requirements: 

Treatment Facility Paperwork Requirements Table 

Required Information §268.7(b) 

1. EPA Hazardous Waste Numbers and Manifest Number of first 

shipment 

9

2. The waste is subject to the LDRs. The constituents of concern for 

F001-F005, and F039, and underlying hazardous constituents in 

characteristic wastes, unless the waste will be treated and monitored 

for all constituents. If all constituents will be treated and monitored, 

there is no need to put them all on the LDR notice 

9

3. The notice must include the applicable wastewater/ nonwastewater 

category (see §§ 268.2(d) and (f)) and subdivisions made within a 

waste code based on waste-specific criteria (such as D003 reactive 

cyanide) 

9

4. Waste analysis data (when available) 9

5. For contaminated soil subject to LDRs as provided in 268.49(a), 

the constituents subject to treatment as described in 268.49(d) and the 

following statement, ``this contaminated soil [does/does not] exhibit a 

characteristic of hazardous waste and [is subject to/complies with] the 

soil treatment standards as provided by 268.49(c)'' 

9

6. A certification is needed (see applicable section for exact wording) 9

(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: 

50
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 §261.3(f) of this 

chapter (i.e., debris treated by an extraction or destruction technology provided by Table 

1, §268.45, and debris that the Director has determined does not contain hazardous 

waste), however, is subject to the notification and certification requirements of paragraph 

(d) of this section rather than the certification requirements of this paragraph. 

(iii) For wastes with organic constituents having treatment standards expressed as 

concentration levels, if compliance with the treatment standards is based in whole or in 

part on the analytical detection limit alternative specified in §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 §268.40 (other 

than those expressed as a method of treatment), or §268.49, and that contain underlying 

hazardous constituents as defined in §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. 

51
(v) For characteristic wastes that contain underlying hazardous constituents as defined 

§268.2(i) that are treated on-site to remove the hazardous characteristic to treat 

underlying hazardous constituents to levels in §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 §268.2(i) have been treated on-site to meet the §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 §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 §260.11 of this chapter), to assure that the 

wastes or treatment residues are in compliance with the applicable treatment standards set 

forth in subpart D of this part. Such testing must be performed according to the frequency 

specified in the facility's waste analysis plan as required by §264.13 or §265.13 of this 

chapter. 

(d) Generators or treaters who first claim that hazardous debris is excluded from the 

definition of hazardous waste under §261.3(f) of this chapter (i.e., debris treated by an 

extraction or destruction technology provided by Table 1, §268.45, and debris that the 

52
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 §261.3(f)(1) of this chapter, the technology from Table 1, 

§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 §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 §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, §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 §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 §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, 

53
(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 §268.7, see the List of CFR 

Sections Affected, which appears in the Finding Aids section of the printed volume and 

on GPO Access. 

§ 268.8 [Reserved] 

§ 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 §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 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 §268.42, Table 1), the generator must determine the underlying hazardous 

constituents (as defined at §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 §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. 

54
(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 §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 §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 §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. 

§§ 268.10-268.12 [Reserved] 

§ 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. 

§ 268.14 Surface impoundment exemptions. 

(a) This section defines additional circumstances under which an otherwise prohibited 

waste may continue to be placed in a surface impoundment. 

(b) Wastes which are newly identified or listed under section 3001 after November 8, 

1984, and stored in a surface impoundment that is newly subject to subtitle C of RCRA 

as a result of the additional identification or listing, may continue to be stored in the 

surface impoundment for 48 months after the promulgation of the additional listing or 

55
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 §268.4. 

[57 FR 37271, Aug. 18, 1992, as amended at 71 FR 40278, July 14, 2006] 

Subpart C—Prohibitions on Land Disposal 

§ 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 §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 §268.44; 

(4) Hazardous debris has met the treatment standards in §268.40 or the alternative 

treatment standards in §268.45; or 

(5) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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 

56
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] 

§§ 268.21-268.29 [Reserved] 

§ 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 §268.5(h)(2) of this part. 

(d) The requirements of paragraphs (a) and (b) of this section do not apply if: 

(1) The wastes meet the applicable treatment standards specified in Subpart D of this 

part; 

(2) Persons have been granted an exemption from a prohibition pursuant to a petition 

under §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 §268.44; or 

(4) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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 §268.48 of this part, the waste is 

prohibited from land disposal, and all requirements of part 268 are applicable, except as 

otherwise specified. 

57
[62 FR 26022, May 12, 1997] 

§ 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 §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 §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 §268.5, with respect to those wastes covered by the extension. 

[53 FR 31216, Aug. 17, 1988] 

§ 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 

58
(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 §268.49 for 

contaminated soil; or 

(3) Persons have been granted an exemption from a prohibition pursuant to a petition 

under §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 §268.44. 

[65 FR 81380, Dec. 26, 2000] 

§ 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 §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 §268.44; 

(4) Hazardous debris has met the treatment standards in §268.40 or the alternative 

treatment standards in §268.45; or 

(5) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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 

59
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] 

§ 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 §268.5(h) of this part. 

(e) 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: 

60
(2) Persons have been granted an exemption from a prohibition pursuant to a petition 

under §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 §268.44; or 

(4) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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 §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] 

§ 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 §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 §268.44; 

(4) Hazardous debris that have met treatment standards in §268.40 or in the alternative 

treatment standards in §268.45; or 

(5) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §268.5, with respect to these wastes covered by the extension. 

61
(c) To determine whether a hazardous waste identified in this section exceeds the 

applicable treatment standards specified in §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 §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] 

§ 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 §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 §268.44; 

(4) Hazardous debris has met the treatment standards in §268.40 or the alternative 

treatment standards in §268.45; or 

(5) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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] 

§ 268.37 Waste specific prohibitions—ignitable and corrosive characteristic wastes 

whose treatment standards were vacated. 

62
(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 §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. CWAequivalent 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 §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] 

§ 268.38 Waste specific prohibitions—newly identified organic toxicity 

characteristic wastes and newly listed coke by-product and chlorotoluene 

production wastes. 

(a) Effective December 19, 1994, the wastes specified in 40 CFR 261.32 as EPA 

Hazardous Waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, 

and K151 are prohibited from land disposal. In addition, debris contaminated with EPA 

Hazardous Waste numbers F037, F038, K107–K112, K117, K118, K123–K126, K131, 

K132, K136, U328, U353, U359, and soil and debris contaminated with D012–D043, 

K141–K145, and K147–K151 are prohibited from land disposal. The following wastes 

that are specified in 40 CFR 261.24, Table 1 as EPA Hazardous Waste numbers: D012, 

D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025, 

D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, 

D039, D040, D041, D042, D043 that are not radioactive, or that are managed in systems 

other than those whose discharge is regulated under the Clean Water Act (CWA), or that 

are zero dischargers that do not engage in CWA-equivalent treatment before ultimate 

land disposal, or that are injected in Class I deep wells regulated under the Safe Drinking 

Water Act (SDWA), are prohibited from land disposal. CWA-equivalent treatment means 

biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for 

cyanide, precipitation/ sedimentation for metals, reduction of hexavalent chromium, or 

other treatment technology that can be demonstrated to perform equally or better than 

these technologies. 

(b) On September 19, 1996, radioactive wastes that are mixed with D018–D043 that are 

managed in systems other than those whose discharge is regulated under the Clean Water 

Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water 

Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment 

63
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 §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 §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 §268.44; 

(4) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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] 

§ 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. 

64
(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 §268.40)). 

(c) On September 21, 1998, the wastes specified in 40 CFR 261.32 as EPA Hazardous 

Waste number K088 are prohibited from land disposal. In addition, soil and debris 

contaminated with these wastes are prohibited from land disposal. 

(d) On April 8, 1998, radioactive wastes mixed with K088, K156–K159, K161, P127, 

P128, P185, P188–P192, P194, P196–P199, P201–P205, U271, U278–U280, U364, 

U367, U372, U373, U387, U389, U394, U395, U404, and U409–U411 are prohibited 

from land disposal. In addition, soil and debris contaminated with these radioactive 

mixed wastes are prohibited from land disposal. 

(e) Between July 8, 1996, and April 8, 1998, the wastes included in paragraphs (a), (c), 

and (d) of this section may be disposed in a landfill or surface impoundment, only if such 

unit is in compliance with the requirements specified in §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 §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 §268.44; 

(4) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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. 

65
[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 

§ 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 §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 §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 §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: 

66
(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 §268.2(i)) must meet Universal 

Treatment Standards, found in §268.48, Table Universal Treatment Standards, prior to 

land disposal as defined in §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 §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 §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 §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 

67
treatment standards in effect at that time and then put into storage, do not have to be retreated 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 §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 §268.42 Table 1 of this Part, for 

wastewaters. 

TABLE: TREATMENT STANDARDS FOR HAZARDOUS WASTE

[59 FR 48046, Sept. 19, 1994] 

Editorial Note: For Federal Register citations affecting §268.40, see the List of CFR 

Sections Affected, which appears in the Finding Aids section of the printed volume and 

on GPO Access. 

§ 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 §268.40. 

[59 FR 48103, Sept. 19, 1994] 

§ 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 §268.40. 

(a) The following wastes in the table in §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: TECHNOLOGY CODES AND DESCRIPTIONS OF TECHNOLOGYBASED STANDARDS.

68
(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 §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 

§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 

§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 §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] 

§ 268.43 Treatment standards expressed as waste concentrations. 

69
For the requirements previously found in this section and for treatment standards in Table 

CCW—Constituent Concentrations in Wastes, refer to §268.40. 

[59 FR 48103, Sept. 19, 1994] 

§ 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: 

(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 §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 

70
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 §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. 

(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: 

71
(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 §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 §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 §268.40, and 

are subject to the following constituent concentrations: 

TABLE: WASTES EXCLUDED FROM TREATMENT STANDARDS

72
[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] 

§ 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 §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 §§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: 

73
(1) Toxicity characteristic debris. The contaminants subject to treatment for debris that 

exhibits the Toxicity Characteristic (TC) by §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 §268.40. 

(3) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide must be 

treated for cyanide. 

(c) Conditioned exclusion of treated debris. Hazardous debris that has been treated using 

one of the specified extraction or destruction technologies in Table 1 of this section and 

that does not exhibit a characteristic of hazardous waste identified under subpart C, part 

261, of this chapter after treatment is not a hazardous waste and need not be managed in a 

subtitle C facility. Hazardous debris contaminated with a listed waste that is treated by an 

immobilization technology specified in Table 1 is a hazardous waste and must be 

managed in a subtitle C facility. 

(d) Treatment residuals—(1) General requirements. Except as provided by paragraphs 

(d)(2) and (d)(4) of this section: 

(i) Residue from the treatment of hazardous debris must be separated from the treated 

debris using simple physical or mechanical means; and 

(ii) Residue from the treatment of hazardous debris is subject to the waste-specific 

treatment standards provided by subpart D of this part for the waste contaminating the 

debris. 

(2) Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or reactive 

characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with 

a contaminant subject to treatment defined by paragraph (b) of this section, must be 

deactivated prior to land disposal and is not subject to the waste-specific treatment 

standards of subpart D of this part. 

(3) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because 

of cyanide must meet the treatment standards for D003 in “Treatment Standards for 

Hazardous Wastes” at §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. 

74
TABLE: ALTERNATIVE TREATMENT STANDARDS FOR HAZARDOUS 

DEBRIS

[57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 63 FR 28738, 

May 26, 1998] 

§ 268.46 Alternative treatment standards based on HTMR. 

For the treatment standards previously found in this section, refer to §268.40. 

[59 FR 48103, Sept. 19, 1994] 

§ 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 §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. 

TABLE: UNIVERSAL TREATMENT STANDARDS

[59 FR 48103, Sept. 19, 1994, as amended by 60 FR 302, Jan. 3, 1995; 61 FR 15654, 

Apr. 8 1996; 61 FR 33690, June 28, 1996; 62 FR 7596, Feb. 19, 1997; 63 FR 24626, May 

4, 1998; 63 FR 28739, May 26, 1998; 63 FR 47417, Sept. 4, 1998; 64 FR 25417, May 11, 

1999; 65 FR 14475, Mar. 17, 2000; 70 FR 34590, June 14, 2005; 70 FR 9178, Feb. 24, 

2005; 71 FR 40279, July 14, 2006] 

§ 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: 

CHART: APPLICABILITY

(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 

75
Universal Treatment Standards may be modified through a treatment variance approved 

in accordance with 40 CFR 268.44. 

(c) Treatment standards for contaminated soils. Prior to land disposal, contaminated soil 

identified by paragraph (a) of this section as needing to comply with LDRs must be 

treated according to all the standards specified in this paragraph or according to the 

Universal Treatment Standards specified in 40 CFR 268.48. 

(1) All soils. Prior to land disposal, all constituents subject to treatment must be treated as 

follows: 

(A) For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment 

must achieve 90 percent reduction in total constituent concentrations, except as provided 

by paragraph (c)(1)(C) of this section. 

(B) For metals and carbon disulfide, cyclohexanone, and methanol, treatment must 

achieve 90 percent reduction in constituent concentrations as measured in leachate from 

the treated media (tested according to the TCLP) or 90 percent reduction in total 

constituent concentrations (when a metal removal treatment technology is used), except 

as provided by paragraph (c)(1)(C)of this section. 

(C) When treatment of any constituent subject to treatment to a 90 percent reduction 

standard would result in a concentration less than 10 times the Universal Treatment 

Standard for that constituent, treatment to achieve constituent concentrations less than 10 

times the universal treatment standard is not required. Universal Treatment Standards are 

identified in 40 CFR 268.48 Table UTS. 

(2) Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition 

to the treatment required by paragraph (c)(1) of this section, prior to land disposal, soils 

that exhibit the characteristic of ignitability, corrosivity, or reactivity must be treated to 

eliminate these characteristics. 

(3) Soils that contain nonanalyzable constituents. In addition to the treatment 

requirements of paragraphs (c)(1) and (2) of this section, prior to land disposal, the 

following treatment is required for soils that contain nonanalyzable constituents: 

(A) For soil that contains only analyzable and nonanalyzable organic constituents, 

treatment of the analyzable organic constituents to the levels specified in paragraphs 

(c)(1) and (2) of this section; or, 

(B) For soil that contains only nonanalyzable constituents, treatment by the method(s) 

specified in §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 §268.48 Table UTS-Universal Treatment Standards that are reasonably expected to be 

76
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 

§ 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 §262.34 and parts 264 and 265 of this chapter. 

(2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores 

such wastes in tanks, containers, or containment buildings solely for the purpose of the 

accumulation of such quantities of hazardous waste as necessary to facilitate proper 

recovery, treatment, or disposal and: 

(i) Each container is clearly marked to identify its contents and the date each period of 

accumulation begins; 

(ii) Each tank is clearly marked with a description of its contents, the quantity of each 

hazardous waste received, and the date each period of accumulation begins, or such 

77
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 §264.73 or §265.73. 

(3) A transporter stores manifested shipments of such wastes at a transfer facility for 10 

days or less. 

(b) An owner/operator of a treatment, storage or disposal facility may store such wastes 

for up to one year unless the Agency can demonstrate that such storage was not solely for 

the purpose of accumulation of such quantities of hazardous waste as are necessary to 

facilitate proper recovery, treatment, or disposal. 

(c) 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 

§268.5, an approved §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 §§268.41, 268.42, and 268.43 or the 

treatment standards specified under the variance in §268.44, or, where treatment 

standards have not been specified, is in compliance with the applicable prohibitions 

specified in §268.32 or RCRA section 3004. 

(f) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at 

concentrations greater than or equal to 50 ppm must be stored at a facility that meets the 

requirements of 40 CFR 761.65(b) and must be removed from storage and treated or 

disposed as required by this part within one year of the date when such wastes are first 

placed into storage. The provisions of paragraph (c) of this section do not apply to such 

PCB wastes prohibited under §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 §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] 

Appendixes I-II to Part 268 [Reserved] 

78
Appendix III to Part 268- List of Halogenated Organize Compounds Regulated 

under §268.32

Appendix IV to Part 268—Wastes Excluded From Lab Packs Under the Alternative 

Treatment Standards of §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 VIII to Part 268—LDR Effective Dates of Injected Prohibited Hazardous 

Wastes

Appendix IX to Part 268—Extraction Procedure (EP) Toxicity Test Method and 

Structural Integrity Test (Method 1310B)

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)

Related Resources: 

• Land Disposal Restrictions: Summary of Requirements

• Land Disposal Restrictions

• Land Disposal Restrictions for F001-F005 Solvent Wastes

• Land Disposal Restriction Requirements For Characteristic Wastes

• LDR Notification for Listed and Characteristic Wastes

• Questions Regarding the Land Disposal Restrictions (LDR) Notification

Regulations at 40 CFR 268.7

• Recordkeeping Requirements for Small Quantity Generators Subject to Land 

Disposal Restrictions

• Land Disposal Restrictions Notification Requirements for Contaminated Soil

• One-Time Notification Requirement Under §268.7(a)(6)

• Land Disposal Restrictions- Land Disposal Definition, Lab Packs, Conditionally 

Exempt SQG Waste, Empty Containers

 

Pre-transport Requirements 

Subpart C—Pre-Transport Requirements 

§ 262.30: Packaging. 

79
Before transporting hazardous waste or offering hazardous waste for transportation offsite, a generator must package the waste in accordance with the applicable Department of 

Transportation regulations on packaging under 49 CFR parts 173, 178, and 179. 

§ 262.31: Labeling. 

Before transporting or offering hazardous waste for transportation off- site, a generator 

must label each package in accordance with the applicable Department of Transportation 

regulations on hazardous materials under 49 CFR part 172. 

§ 262.32: Marking. 

(a) Before transporting or offering hazardous waste for transportation off- site, a 

generator must mark each package of hazardous waste in accordance with the applicable 

Department of Transportation regulations on hazardous materials under 49 CFR part 172; 

(b) Before transporting hazardous waste or offering hazardous waste for transportation 

off-site, a generator must mark each container of 119 gallons or less used in such 

transportation with the following words and information in accordance with the 

requirements of 49 CFR 172.304: 

HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact 

the nearest police or public safety authority or the U.S. Environmental Protection 

Agency. Generator’s Name and Address_______. Generator’s EPA Identification 

Number lllll. Manifest Tracking Number _______. 

§ 262.33: Placarding. 

Before transporting hazardous waste or offering hazardous waste for transportation offsite, a generator must placard or offer the initial transporter the appropriate placards 

according to Department of Transportation regulations for hazardous materials under 49 

CFR part 172, subpart F. 

Related Resources: 

• Hazardous Waste Transport Between Contiguous Properties

• Manifest Exemption for Shipments Between Sites on Certain Contiguous 

Properties

• Labeling of Steel Drums Need Not Include Previous Contents

• Hazardous Waste Container Labeling Requirements

Manifest 

Subpart B—The Manifest 

§ 262.20: General requirements. 

80
(a)(1) A generator who transports, or offers for transport a hazardous waste for offsite 

treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for 

transport a rejected hazardous waste load, must prepare a Manifest (OMB Control 

number 2050–0039) on EPA Form 8700–22, and, if necessary, EPA Form 8700–22A, 

according to the instructions included in the appendix to this part. 

(2) The revised manifest form and procedures in 40 CFR 260.10, 261.7, 262.20, 262.21, 

262.27, 262.32, 262.34, 262.54, 262.60, and the appendix to part 262, shall not apply 

until September 5, 2006. The manifest form and procedures in 40 CFR 260.10, 261.7, 

262.20, 262.21, 262.32, 262.34, 262.54, 262.60, and the Appendix to part 262, contained 

in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, shall be applicable 

until September 5, 2006. 

* Note to Reader: The regulations found at 262.21 relate to generators, and other entities not even in the 

business of hazardous waste management, who intend to actually print the new manifest form. Generators 

who do not actually print the manifest form should obtain this form from an approved source registered 

with EPA. Please visit http://www.epa.gov/epaoswer/hazwaste/gener/manifest/registry/index.htm and 

mouse-click on the link titled “Approved Registered Printers.” 

§ 262.21: Manifest tracking numbers, manifest printing, and obtaining manifests. 

(a)(1) A registrant may not print, or have printed, the manifest for use or distribution 

unless it has received approval from the EPA Director of the Office of Solid Waste to do 

so under paragraphs (c) and (e) of this section. 

(2) The approved registrant is responsible for ensuring that the organizations identified in 

its application are in compliance with the procedures of its approved application and the 

requirements of this section. The registrant is responsible for assigning manifest tracking 

numbers to its manifests. 

(b) A registrant must submit an initial application to the EPA Director of the Office of 

Solid Waste that contains the following information: 

(1) Name and mailing address of registrant; 

(2) Name, telephone number and email address of contact person; 

(3) Brief description of registrant’s government or business activity; 

(4) EPA identification number of the registrant, if applicable; 

(5) Description of the scope of the operations that the registrant plans to undertake in 

printing, distributing, and using its manifests, including: 

(i) A description of the printing operation. The description should include an explanation 

of whether the registrant intends to print its manifests in-house (i.e., using its own 

printing establishments) or through a separate (i.e., unaffiliated) printing company. If the 

registrant intends to use a separate printing company to print the manifest on its behalf, 

the application must identify this printing company and discuss how the registrant will 

oversee the company. If this includes the use of intermediaries (e.g., prime and 

subcontractor relationships), the role of each must be discussed. The application must 

provide the name and mailing address of each company. It also must provide the name 

and telephone number of the contact person at each company. 

81
(ii) A description of how the registrant will ensure that its organization and unaffiliated 

companies, if any, comply with the requirements of this section. The application must 

discuss how the registrant will ensure that a unique manifest tracking number will be preprinted on each manifest. The application must describe the internal control procedures to 

be followed by the registrant and unaffiliated companies to ensure that numbers are 

tightly controlled and remain unique. In particular, the application must describe how the 

registrant will assign manifest tracking numbers to its manifests. If computer systems or 

other infrastructure will be used to maintain, track, or assign numbers, these should be 

indicated. The application must also indicate how the printer will pre-print a unique 

number on each form (e.g., crash or press numbering). The application also must explain 

the other quality procedures to be followed by each establishment and printing company 

to ensure that all required print specifications are consistently achieved and that printing 

violations are identified and corrected at the earliest practicable time. 

(iii) An indication of whether the registrant intends to use the manifests for its own 

business operations or to distribute the manifests to a separate company or to the general 

public (e.g., for purchase). 

(6) A brief description of the qualifications of the company that will print the manifest. 

The registrant may use readily available information to do so (e.g., corporate brochures, 

product samples, customer references, documentation of ISO certification), so long as 

such information pertains to the establishments or company being proposed to print the 

manifest. 

(7) Proposed unique three-letter manifest tracking number suffix. If the registrant is 

approved to print the manifest, the registrant must use this suffix to pre-print a unique 

manifest tracking number on each manifest. 

(8) A signed certification by a duly authorized employee of the registrant that the 

organizations and companies in its application will comply with the procedures of its 

approved application and the requirements of this Section and that it will notify the EPA 

Director of the Office of Solid Waste of any duplicated manifest tracking numbers on 

manifests that have been used or distributed to other parties as soon as this becomes 

known. 

(c) EPA will review the application submitted under paragraph (b) of this section and 

either approve it or request additional information or modification before approving it. 

(d)(1) Upon EPA approval of the application under paragraph (c) of this section, EPA 

will provide the registrant an electronic file of the manifest, continuation sheet, and 

manifest instructions and ask the registrant to submit three fully assembled manifests and 

continuation sheet samples, except as noted in paragraph (d)(3) of this section. The 

registrant’s samples must meet all of the specifications in paragraph (f) of this section and 

be printed by the company that will print the manifest as identified in the application 

approved under paragraph (c) of this section. 

(2) The registrant must submit a description of the manifest samples as follows: 

(i) Paper type (i.e., manufacturer and grade of the manifest paper); 

82
(ii) Paper weight of each copy; 

(iii) Ink color of the manifest’s instructions. If screening of the ink was used, the 

registrant must indicate the extent of the screening; and 

(iv) Method of binding the copies. 

(3) The registrant need not submit samples of the continuation sheet if it will print its 

continuation sheet using the same paper type, paper weight of each copy, ink color of the 

instructions, and binding method as its manifest form samples. 

(e) EPA will evaluate the forms and either approve the registrant to print them as 

proposed or request additional information or modification to them before approval. EPA 

will notify the registrant of its decision by mail. The registrant cannot use or distribute its 

forms until EPA approves them. An approved registrant must print the manifest and 

continuation sheet according to its application approved under paragraph (c) of this 

section and the manifest specifications in paragraph (f) of this section. It also must print 

the forms according to the paper type, paper weight, ink color of the manifest instructions 

and binding method of its approved forms. 

(f) Paper manifests and continuation sheets must be printed according to the following 

specifications: 

(1) The manifest and continuation sheet must be printed with the exact format and 

appearance as EPA Forms 8700–22 and 8700–22A, respectively. However, information 

required to complete the manifest may be pre-printed on the manifest form. 

(2) A unique manifest tracking number assigned in accordance with a numbering system 

approved by EPA must be pre-printed in Item 4 of the manifest. The tracking number 

must consist of a unique three-letter suffix following nine digits. 

(3) The manifest and continuation sheet must be printed on 8 1⁄2 x 11-inch white paper, 

excluding common stubs (e.g., top- or side-bound stubs). The paper must be durable 

enough to withstand normal use. 

(4) The manifest and continuation sheet must be printed in black ink that can be legibly 

photocopied, scanned, and faxed, except that the marginal words indicating copy 

distribution must be in red ink. 

(5) The manifest and continuation sheet must be printed as six-copy forms. Copy-tocopy registration must be exact within 1.32nd of an inch. Handwritten and typed 

impressions on the form must be legible on all six copies. Copies must be bound together 

by one or more common stubs that reasonably ensure that they will not become detached 

inadvertently during normal use. 

(6) Each copy of the manifest and continuation sheet must indicate how the copy must be 

distributed, as follows: 

(i) Page 1 (top copy): ‘‘Designated facility to destination State (if required)’’. 

(ii) Page 2: ‘‘Designated facility to generator State (if required)’’. 

(iii) Page 3: ‘‘Designated facility to generator’’. 

(iv) Page 4: ‘‘Designated facility’s copy’’. 

(v) Page 5: ‘‘Transporter’s copy’’. 

(vi) Page 6 (bottom copy): ‘‘Generator’s initial copy’’. 

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(7) The instructions in the appendix to 40 CFR part 262 must appear legibly on the back 

of the copies of the manifest and continuation sheet as provided in this paragraph (f). The 

instructions must not be visible through the front of the copies when photocopied or 

faxed. 

(i) Manifest Form 8700–22. 

(A) The ‘‘Instructions for Generators’’ on Copy 6; 

(B) The ‘‘Instructions for International Shipment Block’’ and ‘‘Instructions for 

Transporters’’ on Copy 5; and (C) The ‘‘Instructions for Treatment, Storage, and 

Disposal Facilities’’ on Copy 4. 

(ii) Manifest Form 8700–22A. 

(A) The ‘‘Instructions for Generators’’ on Copy 6; 

(B) The ‘‘Instructions for Transporters’’ on Copy 5; and 

(C) The ‘‘Instructions for Treatment, Storage, and Disposal Facilities’’ on Copy 4. 

(g)(1) A generator may use manifests printed by any source so long as the source of the 

printed form has received approval from EPA to print the manifest under paragraphs (c) 

and (e) of this section. A registered source may be a: 

(i) State agency; 

(ii) Commercial printer; 

(iii) Hazardous waste generator, transporter or TSDF; or 

(iv) Hazardous waste broker or other preparer who prepares or arranges shipments of 

hazardous waste for transportation. 

(2) A generator must determine whether the generator state or the consignment state for a 

shipment regulates any additional wastes (beyond those regulated Federally) as hazardous 

wastes under these states’ authorized programs. Generators also must determine whether 

the consignment state or generator state requires the generator to submit any copies of the 

manifest to these states. In cases where the generator must supply copies to either the 

generator’s state or the consignment state, the generator is responsible for supplying 

legible photocopies of the manifest to these states. 

(h)(1) If an approved registrant would like to update any of the information provided in 

its application approved under paragraph (c) of this section (e.g., to update a company 

phone number or name of contact person), the registrant must revise the application and 

submit it to the EPA Director of the Office of Solid Waste, along with an indication or 

explanation of the update, as soon as practicable after the change occurs. The Agency 

either will approve or deny the revision. If the Agency denies the revision, it will explain 

the reasons for the denial, and it will contact the registrant and request further 

modification before approval. 

(2) If the registrant would like a new tracking number suffix, the registrant must submit a 

proposed suffix to the EPA Director of the Office of Solid Waste, along with the reason 

for requesting it. The Agency will either approve the suffix or deny the suffix and provide 

an explanation why it is not acceptable. 

(3) If a registrant would like to change the paper type, paper weight, ink color of the 

manifest instructions, or binding method of its manifest or continuation sheet subsequent 

to approval under paragraph (e) of this section, then the registrant must submit three 

84
samples of the revised form for EPA review and approval. If the approved registrant 

would like to use a new printer, the registrant must submit three manifest samples printed 

by the new printer, along with a brief description of the printer’s qualifications to print 

the manifest. EPA will evaluate the manifests and either approve the registrant to print 

the forms as proposed or request additional information or modification to them before 

approval. EPA will notify the registrant of its decision by mail. The registrant cannot use 

or distribute its revised forms until EPA approves them. 

(i) If, subsequent to its approval under paragraph (e) of this section, a registrant typesets 

its manifest or continuation sheet instead of using the electronic file of the forms 

provided by EPA, it must submit three samples of the manifest or continuation sheet to 

the registry for approval. EPA will evaluate the manifests or continuation sheets and 

either approve the registrant to print them as proposed or request additional information 

or modification to them before approval. EPA will notify the registrant of its decision by 

mail. The registrant cannot use or distribute its typeset forms until EPA approves them. 

(j) EPA may exempt a registrant from the requirement to submit form samples under 

paragraph (d) or (h)(3) of this section if the Agency is persuaded that a separate review of 

the registrant’s forms would serve little purpose in informing an approval decision (e.g., a 

registrant certifies that it will print the manifest using the same paper type, paper weight, 

ink color of the instructions and binding method of the form samples approved for some 

other registrant). A registrant may request an exemption from EPA by indicating why an 

exemption is warranted. 

(k) An approved registrant must notify EPA by phone or email as soon as it becomes 

aware that it has duplicated tracking numbers on any manifests that have been used or 

distributed to other parties. 

(l) If, subsequent to approval of a registrant under paragraph (e) of this section, EPA 

becomes aware that the approved paper type, paper weight, ink color of the instructions, 

or binding method of the registrant’s form is unsatisfactory, EPA will contact the 

registrant and require modifications to the form. 

(m)(1) EPA may suspend and, if necessary, revoke printing privileges if we find that the 

registrant: (i) Has used or distributed forms that deviate from its approved form samples 

in regard to paper weight, paper type, ink color of the instructions, or binding method; or 

(ii) Exhibits a continuing pattern of behavior in using or distributing manifests that 

contain duplicate manifest tracking numbers. 

(2) EPA will send a warning letter to the registrant that specifies the date by which it 

must come into compliance with the requirements. If the registrant does not come in 

compliance by the specified date, EPA will send a second letter notifying the registrant 

that EPA has suspended or revoked its printing privileges. An approved registrant must 

provide information on its printing activities to EPA if requested. 

§ 262.22: Number of copies. 

The manifest consists of at least the number of copies which will provide the generator, 

85
each transporter, and the owner or operator of the designated facility with one copy each 

for their records and another copy to be returned to the generator. 

§ 262.23: Use of the manifest. 

(a) The generator must: (1) Sign the manifest certification by hand; and (2) Obtain the 

handwritten signature of the initial transporter and date of acceptance on the manifest; 

and (3) Retain one copy, in accordance with § 262.40(a). 

(b) The generator must give the transporter the remaining copies of the manifest. 

(c) For shipments of hazardous waste within the United States solely by water (bulk 

shipments only), the generator must send three copies of the manifest dated and signed in 

accordance with this section to the owner or operator of the designated facility or the last 

water (bulk shipment) transporter to handle the waste in the United States if exported by 

water. Copies of the manifest are not required for each transporter. 

(d) For rail shipments of hazardous waste within the United States which originate at the 

site of generation, the generator must send at least three copies of the manifest dated and 

signed in accordance with this section to: (1) The next non-rail transporter, if any; or (2) 

The designated facility if transported solely by rail; or (3) The last rail transporter to 

handle the waste in the United States if exported by rail. 

(e) For shipments of hazardous waste to a designated facility in an authorized State which 

has not yet obtained authorization to regulate that particular waste as hazardous, the 

generator must assure that the designated facility agrees to sign and return the manifest to 

the generator, and that any out-of-state transporter signs and forwards the manifest to the 

designated facility. 

NOTE: See § 263.20(e) and (f) for special provisions for rail or water (bulk shipment) 

transporters. [45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 

55 FR 2354, Jan. 23, 1990] 

§ 262.27: Waste minimization certification. 

A generator who initiates a shipment of hazardous waste must certify to one of the 

following statements in Item 15 of the uniform hazardous waste manifest: (a) ‘‘I am a 

large quantity generator. I have a program in place to reduce the volume and toxicity of 

waste generated to the degree I have determined to be economically practicable and I 

have selected the practicable method of treatment, storage, or disposal currently available 

to me which minimizes the present and future threat to human health and the 

environment;’’ or (b) ‘‘I am a small quantity generator. I have made a good faith effort to 

minimize my waste generation and select the best waste management method that is 

available to me and that I can afford.’’ [70 FR 10817, Mar. 4, 2005] EFFECTIVE DATE 

NOTE: At 70 FR 10817, Mar. 4, 2005, subpart B was amended by adding new § 262.27, 

effective Sept. 6, 2005. 

86
Related Resources: 

• Instructions for Completing the Hazardous Waste Manifest

• Environmental Fact Sheet: Hazardous Waste Manifest System Streamlined

• Instructions for Preparing Application Materials for Submittal to EPA’s Manifest 

Registry

• Federal Policy on Several Issues Related to the Use of the Hazardous Waste

Manifest by Hazardous Waste Transporters

• Off-Site Shipments of Hazardous Waste to Designated Facilities

• Use of the Hazardous Waste Manifest for Import Shipments of Maquiladora

Hazardous Wastes

• Uniform Manifest Form, Use of Continuation Sheet

• Manifesting Requirements

• Date of Shipment Determines Time Period for Exemption Reporting 

• The Hazardous Waste Manifest System

Exports 

Subpart E - Exports of Hazardous Waste 

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

 

§262.50: Applicability. 

 This subpart establishes requirements applicable to exports of hazardous waste. Except 

to the extent Sec. 262.58 provides otherwise, a primary exporter of hazardous waste must 

comply with the special requirements of this subpart and a transporter transporting 

hazardous waste for export must comply with applicable requirements of part 263. 

Section 262.58 sets forth the requirements of international agreements between the 

United States and receiving countries which establish different notice, export, and 

enforcement procedures for the transportation, treatment, storage and disposal of 

hazardous waste for shipments between the United States and those countries. 

§262.51: Definitions. 

 In addition to the definitions set forth at 40 CFR 260.10, the following definitions 

apply to this subpart: 

 Consignee means the ultimate treatment, storage or disposal facility in a receiving 

country to which the hazardous waste will be sent. 

 EPA Acknowledgement of Consent means the cable sent to EPA from the U.S. 

Embassy in a receiving country that acknowledges the written consent of the receiving 

country to accept the hazardous waste and describes the terms and conditions of the 

receiving country's consent to the shipment. 

87
 Primary Exporter means any person who is required to originate the manifest for a 

shipment of hazardous waste in accordance with 40 CFR part 262, subpart B, or 

equivalent State provision, which specifies a treatment, storage, or disposal facility in a 

receiving country as the facility to which the hazardous waste will be sent and any 

intermediary arranging for the export. 

 Receiving country means a foreign country to which a hazardous waste is sent for the 

purpose of treatment, storage or disposal (except short-term storage incidental to 

transportation). 

 Transit country means any foreign country, other than a receiving country, through 

which a hazardous waste is transported. 

[53 FR 27164, July 19, 1988] 

§262.52: General requirements. 

 Exports of hazardous waste are prohibited except in compliance with the applicable 

requirements of this subpart and part 263. Exports of hazardous waste are prohibited 

unless: 

 (a) Notification in accordance with Sec. 262.53 has been provided; 

 (b) The receiving country has consented to accept the hazardous waste; 

 (c) A copy of the EPA Acknowledgment of Consent to the shipment accompanies the 

hazardous waste shipment and, unless exported by rail, is attached to the manifest (or 

shipping paper for exports by water (bulk shipment)). 

 (d) The hazardous waste shipment conforms to the terms of the receiving country's 

written consent as reflected in the EPA Acknowledgment of Consent. 

§262.53: Notification of intent to export. 

 (a) A primary exporter of hazardous waste must notify EPA of an intended export 

before such waste is scheduled to leave the United States. A complete notification should 

be submitted sixty (60) days before the initial shipment is intended to be shipped off site. 

This notification may cover export activities extending over a twelve (12) month or lesser 

period. The notification must be in writing, signed by the primary exporter, and include 

the following information: 

 (1) Name, mailing address, telephone number and EPA ID number of the primary 

exporter; 

 (2) By consignee, for each hazardous waste type: 

 (i) A description of the hazardous waste and the EPA hazardous waste number (from 

40 CFR part 261, subparts C and D), U.S. DOT proper shipping name, hazard class and 

ID number (UN/NA) for each hazardous waste as identified in 49 CFR parts 171 through 

177; 

 (ii) The estimated frequency or rate at which such waste is to be exported and the 

period of time over which such waste is to be exported. 

 (iii) The estimated total quantity of the hazardous waste in units as specified in the 

instructions to the Uniform Hazardous Waste Manifest Form (8700-22); 

88
 (iv) All points of entry to and departure from each foreign country through which the 

hazardous waste will pass; 

 (v) A description of the means by which each shipment of the hazardous waste will be 

transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) 

of container (drums, boxes, tanks, etc.)); 

 (vi) A description of the manner in which the hazardous waste will be treated, stored or 

disposed of in the receiving country (e.g., land or ocean incineration, other land disposal, 

ocean dumping, recycling); 

 (vii) The name and site address of the consignee and any alternate consignee; and 

 (viii) The name of any transit countries through which the hazardous waste will be sent 

and a description of the approximate length of time the hazardous waste will remain in 

such country and the nature of its handling while there; 

(b) Notifications submitted by mail should be sent to the following mailing address: 

Office of Enforcement and Compliance Assurance, Office of Federal Activities, 

International Compliance Assurance Division (2254A), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered 

notifications should be sent to: Office of Enforcement and Compliance Assurance, Office 

of Federal Activities, International Compliance Assurance Division, Environmental 

Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. and Pennsylvania Ave., NW., 

Washington, DC 20004. In both cases, the following shall be prominently displayed on 

the front of the envelope: “Attention: Notification of Intent to Export.”. 

(c) Except for changes to the telephone number in paragraph (a)(1) of this section, 

changes to paragraph (a)(2)(v) of this section and decreases in the quantity indicated 

pursuant to paragraph (a)(2)(iii) of this section when the conditions specified on the 

original notification change (including any exceedance of the estimate of the quantity of 

hazardous waste specified in the original notification), the primary exporter must provide 

EPA with a written renotification of the change. The shipment cannot take place until 

consent of the receiving country to the changes (except for changes to paragraph 

(a)(2)(viii) of this section and in the ports of entry to and departure from transit countries 

pursuant to paragraph (a)(2)(iv) of this section) has been obtained and the primary 

exporter receives an EPA Acknowledgment of Consent reflecting the receiving country's 

consent to the changes. 

 (d) Upon request by EPA, a primary exporter shall furnish to EPA any additional 

information which a receiving country requests in order to respond to a notification. 

 (e) In conjunction with the Department of State, EPA will provide a complete 

notification to the receiving country and any transit countries. A notification is complete 

when EPA receives a notification which EPA determines satisfies the requirements of 

paragraph (a) of this section. Where a claim of confidentiality is asserted with respect to 

any notification information required by paragraph (a) of this section, EPA may find the 

notification not complete until any such claim is resolved in accordance with 40 CFR 

260.2. 

 (f) Where the receiving country consents to the receipt of the hazardous waste, EPA 

will forward an EPA Acknowledgment of Consent to the primary exporter for purposes 

of Sec. 262.54(h). Where the receiving country objects to receipt of the hazardous waste 

89
or withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will 

also notify the primary exporter of any responses from transit countries. 

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

Apr. 12, 1996; 71 FR 40271, July 14, 2006] 

§262.54: Special manifest requirements. 

 A primary exporter must comply with the manifest requirements of 40 CFR 262.20

through 262.23 except that: 

 (a) In lieu of the name, site address and EPA ID number of the designated permitted 

facility, the primary exporter must enter the name and site address of the consignee; 

 (b) In lieu of the name, site address and EPA ID number of a permitted alternate 

facility, the primary exporter may enter the name and site address of any alternate 

consignee. 

 (c) In the International Shipments block, the primary exporter must check the export 

box and enter the point of exit (city and State) from the United States. 

 (d) The following statement must be added to the end of the first sentence of the 

certification set forth in Item 16 of the Uniform Hazardous Waste Manifest Form: ``and 

conforms to the terms of the attached EPA Acknowledgment of Consent''; 

 (e) The primary exporter may obtain the manifest from any source that is registered 

with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or 

commercial forms printers). 

 (f) The primary exporter must require the consignee to confirm in writing the delivery 

of the hazardous waste to that facility and to describe any significant discrepancies (as 

defined in 40 CFR 264.72(a)) between the manifest and the shipment. A copy of the 

manifest signed by such facility may be used to confirm delivery of the hazardous waste. 

 (g) In lieu of the requirements of Sec. 262.20(d), where a shipment cannot be delivered 

for any reason to the designated or alternate consignee, the primary exporter must: 

 (1) Renotify EPA of a change in the conditions of the original notification to allow 

shipment to a new consignee in accordance with Sec. 262.53(c) and obtain an EPA 

Acknowledgment of Consent prior to delivery; or 

 (2) Instruct the transporter to return the waste to the primary exporter in the United 

States or designate another facility within the United States; and 

 (3) Instruct the transporter to revise the manifest in accordance with the primary 

exporter's instructions. 

 (h) The primary exporter must attach a copy of the EPA Acknowledgment of Consent 

to the shipment to the manifest which must accompany the hazardous waste shipment. 

For exports by rail or water (bulk shipment), the primary exporter must provide the 

transporter with an EPA Acknowledgment of Consent which must accompany the 

hazardous waste but which need not be attached to the manifest except that for exports by 

water (bulk shipment) the primary exporter must attach the copy of the EPA 

Acknowledgment of Consent to the shipping paper. 

 (i) The primary exporter shall provide the transporter with an additional copy of the 

manifest for delivery to the U.S. Customs official at the point the hazardous waste leaves 

the United States in accordance with Sec. 263.20(g)(4). 

90
§262.55: Exception reports. 

 In lieu of the requirements of Sec. 262.42, a primary exporter must file an exception 

report with the Administrator if: 

 (a) He has not received a copy of the manifest signed by the transporter stating the date 

and place of departure from the United States within forty-five (45) days from the date it 

was accepted by the initial transporter; 

 (b) Within ninety (90) days from the date the waste was accepted by the initial 

transporter, the primary exporter has not received written confirmation from the 

consignee that the hazardous waste was received; 

 (c) The waste is returned to the United States. 

§262.56: Annual reports. 

 (a) Primary exporters of hazardous waste shall file with the Administrator no later than 

March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate 

destination of all hazardous waste exported during the previous calendar year. Such 

reports shall include the following: 

 (1) The EPA identification number, name, and mailing and site address of the exporter; 

 (2) The calendar year covered by the report; 

 (3) The name and site address of each consignee; 

 (4) By consignee, for each hazardous waste exported, a description of the hazardous 

waste, the EPA hazardous waste number (from 40 CFR part 261, subpart C or D), DOT 

hazard class, the name and US EPA ID number (where applicable) for each transporter 

used, the total amount of waste shipped and number of shipments pursuant to each 

notification; 

 (5) Except for hazardous waste produced by exporters of greater than 100 kg but less 

than 1000 kg in a calendar month, unless provided pursuant to Sec. 262.41, in even 

numbered years: 

 (i) A description of the efforts undertaken during the year to reduce the volume and 

toxicity of waste generated; and 

 (ii) A description of the changes in volume and toxicity of waste actually achieved 

during the year in comparison to previous years to the extent such information is 

available for years prior to 1984. 

 (6) A certification signed by the primary exporter which states: I certify under 

penalty of law that I have personally examined and am familiar with the information 

submitted in this and all attached documents, and that based on my inquiry of those 

individuals immediately responsible for obtaining the information, I believe that the 

submitted information is true, accurate, and complete. I am aware that there are 

significant penalties for submitting false information including the possibility of fine and 

imprisonment. 

(b) Annual reports submitted by mail should be sent to the following mailing address: 

Office of Enforcement and Compliance Assurance, Office of Federal Activities, 

International Compliance Assurance Division (2254A), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered reports 

91
should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal 

Activities, International Compliance Assurance Division, Environmental Protection 

Agency, Ariel Rios Bldg., Room 6144, 12th St. and Pennsylvania Ave., NW., 

Washington, DC 20004. 

[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61 

FR 16309, Apr. 12, 1996, 71 FR 40271, July 14, 2006] 

§262.57: Recordkeeping. 

 (a) For all exports a primary exporter must: 

 (1) Keep a copy of each notification of intent to export for a period of at least three 

years from the date the hazardous waste was accepted by the initial transporter; 

 (2) Keep a copy of each EPA Acknowledgment of Consent for a period of at least three 

years from the date the hazardous waste was accepted by the initial transporter; 

 (3) Keep a copy of each confirmation of delivery of the hazardous waste from the 

consignee for at least three years from the date the hazardous waste was accepted by the 

initial transporter; and 

 (4) Keep a copy of each annual report for a period of at least three years from the due 

date of the report. 

 (b) The periods of retention referred to in this section are extended automatically 

during the course of any unresolved enforcement action regarding the regulated activity 

or as requested by the Administrator. 

§262.58: International agreements. 

 (a) Any person who exports or imports hazardous waste subject to Federal manifest 

requirements of Part 262, or subject to the universal waste management standards of 40 

CFR Part 273, or subject to State requirements analogous to 40 CFR Part 273, to or from 

designated member countries of the Organization for Economic Cooperation and 

Development (OECD) as defined in paragraph (a)(1) of this section for purposes of 

recovery is subject to Subpart H of this part. The requirements of Subparts E and F do not 

apply. 

(1) For the purposes of subpart H, the designated OECD Member countries consist of 

Australia, Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, 

Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands, New 

Zealand, Norway, Poland, Portugal, the Slovak Republic, South Korea, Spain, Sweden, 

Switzerland, Turkey, the United Kingdom, and the United States. 

 (2) For the purposes of this Subpart, Canada and Mexico are considered OECD 

member countries only for the purpose of transit. 

 (b) Any person who exports hazardous waste to or imports hazardous waste from: a 

designated OECD member country for purposes other than recovery (e.g., incineration, 

disposal), Mexico (for any purpose), or Canada (for any purpose) remains subject to the 

requirements of subparts E and F of this part. 

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

92
Related Resources: 

• Applicability of Transporter Requirements to Hazardous Waste Imports and Exports

• Generator as Primary Exporter

• Facts on Hazardous Waste Exports

• Broker as Intermediary Arranging for Export

• Tolling Agreements and Exports

• Export Requirements for Transportation Through Transit Countries

• Notification Requirements for Exported Wastes

• Exportation of Hazardous Waste

• Land Disposal Restrictions Applied to Exported Wastes

• Exporters of Hazardous Waste to Mexico, Responsibilities of

• Hazardous and Municipal Waste Imports and Exports Between the U.S. and Canada

________________________________________________________________________

Imports 

Subpart F - Imports of Hazardous Waste 

 

§262.60: Imports of hazardous waste. 

 (a) Any person who imports hazardous waste from a foreign country into the United 

States must comply with the requirements of this part and the special requirements of this 

subpart. 

 (b) When importing hazardous waste, a person must meet all the requirements of Sec. 

262.20(a) for the manifest except that: 

 (1) In place of the generator's name, address and EPA identification number, the name 

and address of the foreign generator and the importer's name, address and EPA 

identification number must be used. 

 (2) In place of the generator's signature on the certification statement, the U.S. 

importer or his agent must sign and date the certification and obtain the signature of the 

initial transporter. 

 (c) A person who imports hazardous waste may obtain the manifest form from any 

source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste 

handlers, and/or commercial forms printers). 

 (d) In the International Shipments block, the importer must check the import box and 

enter the point of entry (city and State) into the United States. 

 (e) The importer must provide the transporter with an additional copy of the manifest 

to be submitted by the receiving facility to U.S. EPA in accordance with Sec. 

264.71(a)(3) and Sec. 265.71(a)(3) of this chapter. 

[51 FR 28685, Aug. 8, 1986] 

Related Resources: 

• Hazardous and Municipal Waste Imports and Exports Between the U.S. and

Canada

93
• RCRA Hazardous Waste Import Requirements

• Concerns About Importing of Toxic Waste

• Accumulation Time for Hazardous Waste Importers

Transfrontier Shipments of Hazardous Waste for Recovery within the OECD 

Subpart H -Transfrontier Shipments of Hazardous Waste for Recovery within 

the OECD 

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

 

§262.80: Applicability. 

 (a) The requirements of this subpart apply to imports and exports of wastes that are 

considered hazardous under U.S. national procedures and are destined for recovery 

operations in the countries listed in Sec. 262.58(a)(1). A waste is considered hazardous 

under U.S. national procedures if it meets the Federal definition of hazardous waste in 40 

CFR 261.3 and it is subject to either the Federal manifesting requirements at 40 CFR Part 

262, Subpart B, to the universal waste management standards of 40 CFR Part 273, or to 

State requirements analogous to 40 CFR Part 273. 

 (b) Any person (notifier, consignee, or recovery facility operator) who mixes two or 

more wastes (including hazardous and non-hazardous wastes) or otherwise subjects two 

or more wastes (including hazardous and non-hazardous wastes) to physical or chemical 

transformation operations, and thereby creates a new hazardous waste, becomes a 

generator and assumes all subsequent generator duties under RCRA and any notifier 

duties, if applicable, under this subpart. 

§262.81: Definitions. 

 The following definitions apply to this subpart. 

 (a) Competent authorities means the regulatory authorities of concerned countries 

having jurisdiction over transfrontier movements of wastes destined for recovery 

operations. 

 (b) Concerned countries means the exporting and importing OECD member countries 

and any OECD member countries of transit. 

 (c) Consignee means the person to whom possession or other form of legal control of 

the waste is assigned at the time the waste is received in the importing country. 

 (d) Country of transit means any designated OECD country in Sec. 262.58(a)(1) and 

(a)(2) other than the exporting or importing country across which a transfrontier 

movement of wastes is planned or takes place. 

 (e) Exporting country means any designated OECD member country in Sec. 

262.58(a)(1) from which a transfrontier movement of wastes is planned or has 

commenced. 

94
 (f) Importing country means any designated OECD country in Sec. 262.58(a)(1) to 

which a transfrontier movement of wastes is planned or takes place for the purpose of 

submitting the wastes to recovery operations therein. 

 (g) Notifier means the person under the jurisdiction of the exporting country who has, 

or will have at the time the planned transfrontier movement commences, possession or 

other forms of legal control of the wastes and who proposes their transfrontier movement 

for the ultimate purpose of submitting them to recovery operations. When the United 

States (U.S.) is the exporting country, notifier is interpreted to mean a person domiciled 

in the U.S. 

 (h) OECD area means all land or marine areas under the national jurisdiction of any 

designated OECD member country in Sec. 262.58. When the regulations refer to 

shipments to or from an OECD country, this means OECD area. 

 (i) Recognized trader means a person who, with appropriate authorization of concerned 

countries, acts in the role of principal to purchase and subsequently sell wastes; this 

person has legal control of such wastes from time of purchase to time of sale; such a 

person may act to arrange and facilitate transfrontier movements of wastes destined for 

recovery operations. 

 (j) Recovery facility means an entity which, under applicable domestic law, is 

operating or is authorized to operate in the importing country to receive wastes and to 

perform recovery operations on them. 

 (k) Recovery operations means activities leading to resource recovery, recycling, 

reclamation, direct re-use or alternative uses as listed in Table 2.B of the Annex of OECD 

Council Decision C(88)90(Final) of 27 May 1988, (available from the Environmental 

Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, 

first floor, Arlington, VA 22203 (Docket F-94-IEHF-FFFFF) and the Organisation for 

Economic Co-operation and Development, Environment Direcorate, 2 rue Andre Pascal, 

75775 Paris Cedex 16, France) which include: 

R1 Use as a fuel (other than in direct incineration) or other means to generate energy 

R2 Solvent reclamation/regeneration 

R3 Recycling/reclamation of organic substances which are not used as solvents 

R4 Recycling/reclamation of metals and metal compounds 

R5 Recycling/reclamation of other inorganic materials 

R6 Regeneration of acids or bases 

R7 Recovery of components used for pollution control 

R8 Recovery of components from catalysts 

R9 Used oil re-refining or other reuses of previously used oil 

R10 Land treatment resulting in benefit to agriculture or ecological improvement 

R11 Uses of residual materials obtained from any of the operations numbered R1-R10 

R12 Exchange of wastes for submission to any of the operations numbered R1-R11 

6R13 Accumulation of material intended for any operation in Table 2.B 

 (l) Transfrontier movement means any shipment of wastes destined for recovery 

operations from an area under the national jurisdiction of one OECD member country to 

an area under the national jurisdiction of another OECD member country. 

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§262.82: General conditions. 

 (a) Scope. The level of control for exports and imports of waste is indicated by 

assignment of the waste to a green, amber, or red list and by U.S. national procedures as 

defined in Sec. 262.80(a). The green, amber, and red lists are incorporated by reference in 

Sec. 262.89 (e). 

 (1) Wastes on the green list are subject to existing controls normally applied to 

commercial transactions, except as provided below: 

 (i) Green-list wastes that are considered hazardous under U.S. national procedures are 

subject to amber-list controls. 

 (ii) Green-list waste that are sufficiently contaminated or mixed with amber-list wastes, 

such that the waste or waste mixture is considered hazardous under U.S. national 

procedures, are subject to amber-list controls. 

 (iii) Green-list wastes that are sufficiently contaminated or mixed with other wastes 

subject to red-list controls such that the waste or waste mixture is considered hazardous 

under U.S. national procedures must be handled in accordance with the red-list controls. 

 (2) Wastes on the amber list that are considered hazardous under U.S. national 

procedures as defined in Sec. 262.80(a) are subject to the amber-list controls of this 

Subpart. 

 (i) If amber-list wastes are sufficiently contaminated or mixed with other wastes 

subject to red-list controls such that the waste or waste mixture is considered hazardous 

under U.S. national procedures, the wastes must be handled in accordance with the redlist controls. 

 (ii) [Reserved] 

 (3) Wastes on the red list that are considered hazardous under U.S. national procedures 

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

 Note to paragraph (a)(3): Some wastes on the amber or red lists are not listed or 

otherwise identified as hazardous under RCRA (e.g., polychlorinated biphenyls) and 

therefore are not subject to the amber- or red-list controls of this subpart. Regardless of 

the status of the waste under RCRA, however, other Federal environmental statutes (e.g., 

the Toxic Substances Control Act) may restrict certain waste imports or exports. Such 

restrictions continue to apply without regard to this Subpart. 

 (4) Wastes not yet assigned to a list are eligible for transfrontier movements, as 

follows: 

 (i) If such wastes are considered hazardous under U.S. national procedures as defined 

in Sec. 262.80(a), these wastes are subject to the red-list controls; or 

 (ii) If such wastes are not considered hazardous under U.S. national procedures as 

defined in Sec. 262.80(a), such wastes may move as though they appeared on the green 

list. 

 (b) General conditions applicable to transfrontier movements of hazardous waste. 

 (1) The waste must be destined for recovery operations at a facility that, under 

applicable domestic law, is operating or is authorized to operate in the importing country; 

 (2) The transfrontier movement must be in compliance with applicable international 

transport agreements; and 

96
 Note to paragraph (b)(2): These international agreements include, but are not limited 

to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention 

(1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985), and RID 

(1985). 

 (3) Any transit of waste through a non-OECD member country must be conducted in 

compliance with all applicable international and national laws and regulations. 

 (c) Provisions relating to re-export for recovery to a third country. (1) Re-export of 

wastes subject to the amber-list control system from the U.S., as the importing country, to 

a third country listed in Sec. 262.58(a)(1) may occur only after a notifier in the U.S. 

provides notification to and obtains consent of the competent authorities in the third 

country, the original exporting country, and new transit countries. The notification must 

comply with the notice and consent procedures in Sec. 262.83 for all concerned countries 

and the original exporting country. The competent authorities of the original exporting 

country as well as the competent authorities of all other concerned countries have 30 days 

to object to the proposed movement. 

 (i) The 30-day period begins once the competent authorities of both the initial 

exporting country and new importing country issue Acknowledgements of Receipt of the 

notification. 

 (ii) The transfrontier movement may commence if no objection has been lodged after 

the 30-day period has passed or immediately after written consent is received from all 

relevant OECD importing and transit countries. 

 (2) Re-export of waste subject to the red-list control system from the original 

importing country to a third country listed in Sec. 262.58(a)(1) may occur only following 

notification of the competent authorities of the third country, the original exporting 

country, and new transit countries by a notifier in the original importing country in 

accordance with Sec. 262.83. The transfrontier movement may not proceed until receipt 

by the original importing country of written consent from the competent authorities of the 

third country, the original exporting country, and new transit countries. 

 (3) In the case of re-export of amber or red-list wastes to a country other than those in 

Sec. 262.58(a)(1), notification to and consent of the competent authorities of the original 

OECD member country of export and any OECD member countries of transit is required 

as specified in paragraphs (c)(1) and (c)(2) of this section in addition to compliance with 

all international agreements and arrangements to which the first importing OECD 

member country is a party and all applicable regulatory requirements for exports from the 

first importing country. 

§262.83: Notification and consent. 

 (a) Applicability. Consent must be obtained from the competent authorities of the 

relevant OECD importing and transit countries prior to exporting hazardous waste 

destined for recovery operations subject to this Subpart. Hazardous wastes subject to 

amber-list controls are subject to the requirements of paragraph (b) of this section; 

hazardous wastes subject to red-list controls are subject to the requirements of paragraph 

97
(c) of this section; and wastes not identified on any list are subject to the requirements of 

paragraph (d) of this section. 

 (b) Amber-list wastes. The export from the U.S. of hazardous wastes as described in 

Sec. 262.80(a) that appear on the amber list is prohibited unless the notification and 

consent requirements of paragraph (b)(1) or paragraph (b)(2) of this section are met. 

 (1) Transactions requiring specific consent: 

 (i) Notification. At least 45 days prior to commencement of the transfrontier 

movement, the notifier must provide written notification in English of the proposed 

transfrontier movement to the Office of Enforcement and Compliance Assurance, Office 

of Compliance, Enforcement Planning, Targeting and Data Division (2222A), 

Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

20460, with the words ``Attention: OECD Export Notification'' prominently displayed on 

the envelope. This notification must include all of the information identified in paragraph 

(e) of this section. In cases where wastes having similar physical and chemical 

characteristics, the same United Nations classification, and the same RCRA waste codes 

are to be sent periodically to the same recovery facility by the same notifier, the 

notifier may submit one notification of intent to export these wastes in multiple 

shipments during a period of up to one year. 

 (ii) Tacit consent. If no objection has been lodged by any concerned country (i.e., 

exporting, importing, or transit countries) to a notification provided pursuant to paragraph 

(b)(1)(i) of this section within 30 days after the date of issuance of the Acknowledgment 

of Receipt of notification by the competent authority of the importing country, the 

transfrontier movement may commence. Tacit consent expires one calendar year after the 

close of the 30 day period; renotification and renewal of all consents is required for 

exports after that date. 

 (iii) Written consent. If the competent authorities of all the relevant OECD importing 

and transit countries provide written consent in a period less than 30 days, the 

transfrontier movement may commence immediately after all necessary consents are 

received. Written consent expires for each relevant OECD importing and transit country 

one calendar year after the date of that country's consent unless otherwise specified; 

renotification and renewal of each expired consent is required for exports after that date. 

 (2) Shipments to facilities pre-approved by the competent authorities of the importing 

countries to accept specific wastes for recovery: 

 (i) The notifier must provide EPA the information identified in paragraph (e) of this 

section in English, at least 10 days in advance of commencing shipment to a preapproved facility. The notification should indicate that the recovery facility is preapproved, and may apply to a single specific shipment or to multiple shipments as 

described in paragraph (b)(1)(i) of this section. This information must be sent to the 

Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement 

Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, DC 20460, with the words ``OECD Export 

Notification--Pre-approved Facility'' prominently displayed on the envelope. 

 (ii) Shipments may commence after the notification required in paragraph (b)(1)(i) of 

this section has been received by the competent authorities of all concerned countries, 

unless the notifier has received information indicating that the competent authorities of 

one or more concerned countries objects to the shipment. 

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 (c) Red-list wastes. The export from the U.S. of hazardous wastes as described in Sec. 

262.80(a) that appear on the red list is prohibited unless notice is given pursuant to 

paragraph (b)(1)(i) of this section and the notifier receives written consent from the 

importing country and any transit countries prior to commencement of the transfrontier 

movement. 

 (d) Unlisted wastes. Wastes not assigned to the green, amber, or red list that are 

considered hazardous under U.S. national procedures as defined in Sec. 262.80(a) are 

subject to the notification and consent requirements established for red-list wastes in 

accordance with paragraph (c) of this section. Unlisted wastes that are not considered 

hazardous under U.S. national procedures as defined in Sec. 262.80(a) are not subject to 

amber or red controls when exported or imported. 

 (e) Notification information. Notifications submitted under this section must include: 

 (1) Serial number or other accepted identifier of the notification form; 

 (2) Notifier name and EPA identification number (if applicable), address, and 

telephone and telefax numbers; 

 (3) Importing recovery facility name, address, telephone and telefax numbers, and 

technologies employed; 

 (4) Consignee name (if not the owner or operator of the recovery facility) address, and 

telephone and telefax numbers; whether the consignee will engage in waste exchange or 

storage prior to delivering the waste to the final recovery facility and identification of 

recovery operations to be employed at the final recovery facility; 

 (5) Intended transporters and/or their agents; 

 (6) Country of export and relevant competent authority, and point of departure; 

 (7) Countries of transit and relevant competent authorities and points of entry and 

departure; 

 (8) Country of import and relevant competent authority, and point of entry; 

 (9) Statement of whether the notification is a single notification or a general 

notification. If general, include period of validity requested; 

 (10) Date foreseen for commencement of transfrontier movement; 

 (11) Designation of waste type(s) from the appropriate list (amber or red and waste list 

code), descriptions of each waste type, estimated total quantity of each, RCRA waste 

code, and United Nations number for each waste type; and 

 (12) Certification/Declaration signed by the notifier that states: 

 I certify that the above information is complete and correct to the best of my 

knowledge. I also certify that legally-enforceable written contractual obligations have 

been entered into, and that any applicable insurance or other financial guarantees are or 

shall be in force covering the transfrontier movement. 

Name: __________________________________________________________________ 

Signature: ______________________________________________________________ 

Date: ___________________________________________________________________ 

 Note to paragraph (e)(12): The U.S. does not currently require financial assurance; 

however, U.S. exporters may be asked by other governments to provide and certify to 

such assurance as a condition of obtaining consent to a proposed movement. 

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§262.84: Tracking document. 

 (a) All U.S. parties subject to the contract provisions of Sec. 262.85 must ensure that a 

tracking document meeting the conditions of Sec. 262.84(b) accompanies each 

transfrontier shipment of wastes subject to amber-list or red-list controls from the 

initiation of the shipment until it reaches the final recovery facility, including cases in 

which the waste is stored and/or exchanged by the consignee prior to shipment to the 

final recovery facility, except as provided in Sec. Sec. 262.84(a)(1) and (2). 

 (1) For shipments of hazardous waste within the U.S. solely by water (bulk shipments 

only) the generator must forward the tracking document with the manifest to the last 

water (bulk shipment) transporter to handle the waste in the U.S. if exported by water, (in 

accordance with the manifest routing procedures at Sec. 262.23(c)). 

 (2) For rail shipments of hazardous waste within the U.S. which originate at the site of 

generation, the generator must forward the tracking document with the manifest (in 

accordance with the routing procedures for the manifest in Sec. 262.23(d)) to the next 

non-rail transporter, if any, or the last rail transporter to handle the waste in the U.S. if 

exported by rail. 

 (b) The tracking document must include all information required under Sec. 262.83

(for notification), and the following: 

 (1) Date shipment commenced. 

 (2) Name (if not notifier), address, and telephone and telefax numbers of primary 

exporter. 

 (3) Company name and EPA ID number of all transporters. 

 (4) Identification (license, registered name or registration number) of means of 

transport, including types of packaging. 

 (5) Any special precautions to be taken by transporters. 

 (6) Certification/declaration signed by notifier that no objection to the shipment has 

been lodged as follows: 

 I certify that the above information is complete and correct to the best of my 

knowledge. I also certify that legally-enforceable written contractual obligations have 

been entered into, that any applicable insurance or other financial guarantees are or shall 

be in force covering the transfrontier movement, and that: 

 1. All necessary consents have been received; OR 

 2. The shipment is directed at a recovery facility within the OECD area and no 

objection has been received from any of the concerned countries within the 30 day tacit 

consent period; OR 

 3. The shipment is directed at a recovery facility pre-authorized for that type of waste 

within the OECD area; such an authorization has not been revoked, and no objection has 

been received from any of the concerned countries. 

(delete sentences that are not applicable) 

Name: __________________________________________________________________ 

Signature: ______________________________________________________________ 

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Date: ___________________________________________________________________ 

 (7) Appropriate signatures for each custody transfer (e.g. transporter, consignee, and 

owner or operator of the recovery facility). 

 (c) Notifiers also must comply with the special manifest requirements of 40 CFR 

262.54(a), (b), (c), (e), and (i) and consignees must comply with the import requirements 

of 40 CFR part 262, subpart F. 

 (d) Each U.S. person that has physical custody of the waste from the time the 

movement commences until it arrives at the recovery facility must sign the tracking 

document (e.g. transporter, consignee, and owner or operator of the recovery facility). 

 (e) Within 3 working days of the receipt of imports subject to this Subpart, the owner 

or operator of the U.S. recovery facility must send signed copies of the tracking 

document to the notifier, to the Office of Enforcement and Compliance Assurance, Office 

of Compliance, Enforcement Planning, Targeting and Data Division (2222A), 

Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

20460, and to the competent authorities of the exporting and transit countries. 

§262.85: Contracts. 

 (a) Transfrontier movements of hazardous wastes subject to amber or red control 

procedures are prohibited unless they occur under the terms of a valid written contract, 

chain of contracts, or equivalent arrangements (when the movement occurs between 

parties controlled by the same corporate or legal entity). Such contracts or equivalent 

arrangements must be executed by the notifier and the owner or operator of the recovery 

facility, and must specify responsibilities for each. Contracts or equivalent arrangements 

are valid for the purposes of this section only if persons assuming obligations under the 

contracts or equivalent arrangements have appropriate legal status to conduct the 

operations specified in the contract or equivalent arrangement. 

 (b) Contracts or equivalent arrangements must specify the name and EPA ID number, 

where available, of: 

 (1) The generator of each type of waste; 

 (2) Each person who will have physical custody of the wastes; 

 (3) Each person who will have legal control of the wastes; and 

 (4) The recovery facility. 

 (c) Contracts or equivalent arrangements must specify which party to the contract will 

assume responsibility for alternate management of the wastes if its disposition cannot be 

carried out as described in the notification of intent to export. In such cases, contracts 

must specify that: 

 (1) The person having actual possession or physical control over the wastes will 

immediately inform the notifier and the competent authorities of the exporting and 

importing countries and, if the wastes are located in a country of transit, the competent 

authorities of that country; and 

 (2) The person specified in the contract will assume responsibility for the adequate 

management of the wastes in compliance with applicable laws and regulations including, 

if necessary, arranging their return to the original country of export. 

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 (d) Contracts must specify that the consignee will provide the notification required in 

Sec. 262.82(c) prior to re-export of controlled wastes to a third country. 

 (e) Contracts or equivalent arrangements must include provisions for financial 

guarantees, if required by the competent authorities of any concerned country, in 

accordance with applicable national or international law requirements. 

 Note to paragraph (e): Financial guarantees so required are intended to provide for 

alternate recycling, disposal or other means of sound management of the wastes in cases 

where arrangements for the shipment and the recovery operations cannot be carried out as 

foreseen. The U.S. does not require such financial guarantees at this time; however, some 

OECD countries do. It is the responsibility of the notifier to ascertain and comply with 

such requirements; in some cases, transporters or consignees may refuse to enter into the 

necessary contracts absent specific references or certifications to financial guarantees. 

 (f) Contracts or equivalent arrangements must contain provisions requiring each 

contracting party to comply with all applicable requirements of this subpart. 

 (g) Upon request by EPA, U.S. notifiers, consignees, or recovery facilities must submit 

to EPA copies of contracts, chain of contracts, or equivalent arrangements (when the 

movement occurs between parties controlled by the same corporate or legal entity). 

Information contained in the contracts or equivalent arrangements for which a claim of 

confidentiality is asserted accordance with 40 CFR 2.203(b) will be treated as 

confidential and will be disclosed by EPA only as provided in 40 CFR 260.2. 

 Note to paragraph (g): Although the U.S. does not require routine submission of 

contracts at this time, OECD Council Decision C(92)39/FINAL allows members to 

impose such requirements. When other OECD countries require submission of partial or 

complete copies of the contract as a condition to granting consent to proposed 

movements, EPA will request the required information; absent submission of such 

information, some OECD countries may deny consent for the proposed movement. 

§262.86: Provisions relating to recognized traders. 

 (a) A recognized trader who takes physical custody of a waste and conducts recovery 

operations (including storage prior to recovery) is acting as the owner or operator of a 

recovery facility and must be so authorized in accordance with all applicable Federal 

laws. 

 (b) A recognized trader acting as a notifier or consignee for transfrontier shipments of 

waste must comply with all the requirements of this Subpart associated with being a 

notifier or consignee. 

§262.87: Reporting and recordkeeping. 

 (a) Annual reports. For all waste movements subject to this Subpart, persons (e.g., 

notifiers, recognized traders) who meet the definition of primary exporter in Sec. 262.51

shall file an annual report with the Office of Enforcement and Compliance Assurance, 

Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), 

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Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

20460, no later than March 1 of each year summarizing the types, quantities, frequency, 

and ultimate destination of all such hazardous waste exported during the previous 

calendar year. (If the primary exporter is required to file an annual report for waste 

exports that are not covered under this Subpart, he may include all export information in 

one report provided the following information on exports of waste destined for recovery 

within the designated OECD member countries is contained in a separate section). Such 

reports shall include the following: 

 (1) The EPA identification number, name, and mailing and site address of the notifier 

filing the report; 

 (2) The calendar year covered by the report; 

 (3) The name and site address of each final recovery facility; 

 (4) By final recovery facility, for each hazardous waste exported, a description of the 

hazardous waste, the EPA hazardous waste number (from 40 CFR part 261, subpart C or 

D), designation of waste type(s) from OECD waste list and applicable waste code from 

the OECD lists, DOT hazard class, the name and U.S. EPA identification number (where 

applicable) for each transporter used, the total amount of hazardous waste shipped 

pursuant to this Subpart, and number of shipments pursuant to each notification; 

 (5) In even numbered years, for each hazardous waste exported, except for hazardous 

waste produced by exporters of greater than 100kg but less than 1000kg in a calendar 

month, and except for hazardous waste for which information was already provided 

pursuant to Sec. 262.41: 

 (i) A description of the efforts undertaken during the year to reduce the volume and 

toxicity of waste generated; and 

 (ii) A description of the changes in volume and toxicity of the waste actually achieved 

during the year in comparison to previous years to the extent such information is 

available for years prior to 1984; and 

 (6) A certification signed by the person acting as primary exporter that states: 

 I certify under penalty of law that I have personally examined and am familiar with the 

information submitted in this and all attached documents, and that based on my inquiry of 

those individuals immediately responsible for obtaining the information, I believe that the 

submitted information is true, accurate, and complete. I am aware that there are 

significant penalties for submitting false information including the possibility of fine and 

imprisonment. 

 (b) Exception reports. Any person who meets the definition of primary exporter in Sec. 

262.51 must file an exception report in lieu of the requirements of Sec. 262.42 with the 

Administrator if any of the following occurs: 

 (1) He has not received a copy of the tracking documentation signed by the transporter 

stating point of departure of the waste from the United States, within forty-five (45) days 

from the date it was accepted by the initial transporter; 

 (2) Within ninety (90) days from the date the waste was accepted by the initial 

transporter, the notifier has not received written confirmation from the recovery facility 

that the hazardous waste was received; 

 (3) The waste is returned to the United States. 

103
 (c) Recordkeeping. (1) Persons who meet the definition of primary exporter in Sec. 

262.51 shall keep the following records: Sec. 262.89

 (i) A copy of each notification of intent to export and all written consents obtained 

from the competent authorities of concerned countries for a period of at least three years 

from the date the hazardous waste was accepted by the initial transporter; 

 (ii) A copy of each annual report for a period of at least three years from the due date 

of the report; and 

 (iii) A copy of any exception reports and a copy of each confirmation of delivery (i.e., 

tracking documentation) sent by the recovery facility to the notifier for at least three years 

from the date the hazardous waste was accepted by the initial transporter or received by 

the recovery facility, whichever is applicable. 

 (2) The periods of retention referred to in this section are extended automatically 

during the course of any unresolved enforcement action regarding the regulated activity 

or as requested by the Administrator. 

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

§262.89: OECD Waste Lists. 

 (a) General. For the purposes of this Subpart, a waste is considered hazardous under 

U.S. national procedures, and hence subject to this Subpart, if the waste: 

 (1) Meets the Federal definition of hazardous waste in 40 CFR 261.3; and 

 (2) Is subject to either the Federal RCRA manifesting requirements at 40 CFR part 

262, subpart B, to the universal waste management standards of 40 CFR part 273, or to 

State requirements analogous to 40 CFR part 273. 

 (b) If a waste is hazardous under paragraph (a) of this section and it appears on the 

amber or red list, it is subject to amber- or red-list requirements respectively; 

 (c) If a waste is hazardous under paragraph (a) of this section and it does not appear on 

either amber or red lists, it is subject to red-list requirements. 

 (d) The appropriate control procedures for hazardous wastes and hazardous waste 

mixtures are addressed in Sec. 262.82. 

 (e) The OECD Green List of Wastes (revised May 1994), Amber List of Wastes and 

Red List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and 

Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning 

the Control of Transfrontier Movements of Wastes Destined for Recovery Operations) 

are incorporated by reference. These incorporations by reference were approved by the 

Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on 

July 11, 1996. These materials are incorporated as they exist on the date of the approval 

and a notice of any change in these materials will be published in the Federal Register. 

The materials are available for inspection at: the U.S. Environmental Protection Agency, 

RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, 

VA 22203 (Docket F-94-IEHF-FFFFF) or at the National Archives and Records 

Administration (NARA), and may be obtained from the Organisation for Economic Cooperation and Development, Environment Direcorate, 2 rue Andre Pascal, 75775 Paris 

Cedex 16, France. For information on the availability of this material at NARA, 

104
call 202-741-6030, or go to: http://www.archives.gov/federal--register/code--of--federal--

regulations/ibr--locations.html. 

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

Related Resources: 

• Frequently Asked Questions on Imports and Exports of Hazardous Waste 

Between Members of the Organization for Economic Cooperation and 

Development (OECD)

• Frequently Asked Questions on the Basel Convention

Farmers 

Subpart G: Farmers 

 

§262.70: Farmers. 

 A farmer disposing of waste pesticides from his own use which are hazardous wastes is 

not required to comply with the standards in this part or other standards in 40 CFR parts 

264, 265, 268, or 270 for those wastes provided he triple rinses each emptied pesticide 

container in accordance with Sec. 261.7(b)(3) and disposes of the pesticide residues on 

his own farm in a manner consistent with the disposal instructions on the pesticide label. 

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

Related Resources: 

• Scope of Farmer Exemption at 40 CFR §262.10(D) and 262.51

105
LQG Requirements 

• Resources for Large Quantity Generators

• Frequently Asked Questions on Waste

• Hazardous Waste Management System: Definitions

Applicability 

§ 262.10: Purpose, scope, and applicability 

(a) These regulations establish standards for generators of hazardous waste. 

(b) 40 CFR 261.5(c) and (d) must be used to determine the applicability of provisions of 

this part that are dependent on calculations of the quantity of hazardous waste generated 

per month. 

(c) A generator who treats, stores, or disposes of hazardous waste on-site must only 

comply with the following sections of this part with respect to that waste: Section 262.11

for determining whether or not he has a hazardous waste, § 262.12 for obtaining an EPA 

identification number, § 262.34 for accumulation of hazardous waste, § 262.40 (c) and 

(d) for recordkeeping, § 262.43 for additional reporting, and if applicable, § 262.70 for 

farmers. 

(d) Any person who exports or imports hazardous waste subject to the Federal 

manifesting requirements of part 262, or subject to the universal waste management 

standards of 40 CFR Part 273, or subject to State requirements analogous to 40 CFR Part 

273, to or from the countries listed in § 262.58(a)(1) for recovery must comply with 

subpart H of this part. 

(e) Any person who imports hazardous waste into the United States must comply with the 

standards applicable to generators established in this part. 

(f) A farmer who generates waste pesticides which are hazardous waste and who 

complies with all of the requirements of § 262.70 is not required to comply with other 

standards in this part or 40 CFR parts 270, 264, 265, or 268 with respect to such 

pesticides. 

(g) A person who generates a hazardous waste as defined by 40 CFR part 261 is subject 

to the compliance requirements and penalties prescribed in section 3008 of the Act if he 

does not comply with the requirements of this part. 

(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, 

storage, or disposal facility must comply with the generator standards established in this 

part. 

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(i) Persons responding to an explosives or munitions emergency in accordance with 40 

CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) or (iv), and 270.1(c)(3)(i)(D) or (iii) 

are not required to comply with the standards of this part. 

(j) (1) Universities that are participating in the Laboratory XL project are the University 

of Massachusetts in Boston, Massachusetts, Boston College in Chestnut Hill, 

Massachusetts, and the University of Vermont in Burlington, Vermont (‘‘Universities’’). 

The Universities generate laboratory wastes (as defined in § 262.102), some of which 

will be hazardous wastes. As long as the Universities comply with all the requirements of 

subpart J of this part the Universities’ laboratories that are participating in the University 

Laboratories XL Project as identified in Table 1 of this section, are not subject to the 

provisions of §§ 262.11, 262.34(c), 40 CFR Parts 264 and 265, and the permit 

requirements of 40 CFR Part 270 with respect to said laboratory wastes. 

(2) Each University shall have the right to change its respective departments or the onsite location of its hazardous waste accumulation areas listed in Table 1 of this section 

upon written notice to the Regional Administrator for EPA-Region I and the appropriate 

state agency. Such written notice will be provided at least ten days prior to the effective 

date of any such changes. 

(k) Generators in the Commonwealth of Massachusetts may comply with the State 

regulations regarding Class A recyclable materials in 310 C.M.R. 30.200, when 

authorized by the EPA under 40 CFR part 271, with respect to those recyclable materials 

and matters covered by the authorization, instead of complying with the hazardous waste 

accumulation requirements of § 262.34, the reporting requirements of § 262.41, the 

storage facility operator requirements of 40 CFR parts 264 and 265 and the permitting 

requirements of 40 CFR part 270. Such generators must also comply with any other 

applicable requirements, including any applicable authorized State regulations governing 

hazardous wastes not being recycled and any applicable Federal requirements which are 

being directly implemented by the EPA within Massachusetts pursuant to the Hazardous 

and Solid Waste Amendments of 1984. 

NOTE 1: The provisions of § 262.34 are applicable to the on-site accumulation of 

hazardous waste by generators. Therefore, the provisions of § 262.34 only apply to 

owners or operators who are shipping hazardous waste which they generated at that 

facility. 

NOTE 2: A generator who treats, stores, or disposes of hazardous waste on-site must 

comply with the applicable standards and permit requirements set forth in 40 CFR parts 

264, 265, 266, 268, and 270. [45 FR 33142, May 19, 1980, as amended at 45 FR 86970, 

Dec. 31, 1980; 47 FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 

19, 1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309, Apr. 12, 

1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28,1999; 69 FR 11813, Mar. 12, 

2004] 

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Generator Status Determination 

§261.5 (c) and (d): Generator status determination 

(c) When making the quantity determinations of this part and 40 CFR part 262, the 

generator must include all hazardous waste that it generates, except hazardous waste that: 

(1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3), 

261.7(a)(1), or 261.8; or 

(2) Is managed immediately upon generation only in on-site elementary neutralization 

units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40 

CFR 260.10; or 

(3) Is recycled, without prior storage or accumulation, only in an on-site process subject 

to regulation under 40 CFR 261.6(c)(2); or 

(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR part 

279; or 

(5) Is spent lead-acid batteries managed under the requirements of 40 CFR part 266, 

subpart G; or 

(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273. 

 

(d) In determining the quantity of hazardous waste generated, a generator need not 

include: 

(1) Hazardous waste when it is removed from on-site storage; or 

(2) Hazardous waste produced by on- site treatment (including reclamation) of his 

hazardous waste, so long as the hazardous waste that is treated was counted once; or 

(3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so 

long as such spent materials have been counted once. 

Related Resources: 

• Amount of Waste Generated Per Month Determines Generator Status

• Determining Generator Status By Including Wastes Collected at Satellite 

Accumulation Areas

• Generator Quantity Determination for Mixtures

• Generator Quantity Determinations for F006 Listed Sludge (8/16/2002)

• Weight of Container for Quantity Determinations (6/1/1994)

• Elementary Neutralization Units

• Generator Counting Requirement for Solvent Stills

• Containment Buildings as Generator Accumulation Units

Hazardous Waste Determination 

§ 262.11: Hazardous waste determination. 

A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that 

waste is a hazardous waste using the following method: 

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(a) He should first determine if the waste is excluded from regulation under 40 CFR 

261.4. 

(b) He must then determine if the waste is listed as a hazardous waste in subpart D of 40 

CFR part 261. 

NOTE: Even if the waste is listed, the generator still has an opportunity under 40 CFR 

260.22 to demonstrate to the Administrator that the waste from his particular facility or 

operation is not a hazardous waste. 

(c) For purposes of compliance with 40 CFR part 268, or if the waste is not listed in 

subpart D of 40 CFR part 261, the generator must then determine whether the waste is 

identified in subpart C of 40 CFR part 261 by either: 

(1) Testing the waste according to the methods set forth in subpart C of 40 CFR part 261, 

or according to an equivalent method approved by the Administrator under 40 CFR 

260.21; or 

(2) Applying knowledge of the hazard characteristic of the waste in light of the materials 

or the processes used. 

(d) If the waste is determined to be hazardous, the generator must refer to parts 261, 264, 

265, 266, 268, and 273 of this chapter for possible exclusions or restrictions pertaining to 

management of the specific waste. [45 FR 33142, May 19, 1980, as amended at 45 FR 

76624, Nov. 19, 1980; 51 FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 

3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995] 

Related Resources: 

• What Makes a Waste Hazardous?

• Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous 

Waste: A Guidance Manual

• Policies Regarding Self-Certification of Non-Hazardous Waste

• Analytes to Look For When Performing RCRA Analysis

EPA ID Number 

§ 262.12: EPA identification numbers. 

(a) A generator must not treat, store, dispose of, transport, or offer for transportation, 

hazardous waste without having received an EPA identification number from the 

Administrator. 

(b) A generator who has not received an EPA identification number may obtain one by 

applying to the Administrator using EPA form 8700–12. Upon receiving the request the 

Administrator will assign an EPA identification number to the generator. 

(c) A generator must not offer his hazardous waste to transporters or to treatment, 

storage, or disposal facilities that have not received an EPA identification number. 

109
Related Resources: 

• Managing Your Hazardous Waste: A Guide for Small Businesses

On-site Accumulation Time Limits 

§ 262.34: Accumulation time.

a) Except as provided in paragraphs (d), (e), and (f) of this section, a generator may 

accumulate hazardous waste on-site for 90 days or less without a permit or without 

having interim status, provided that: 

Related Resources: 

• Accumulation of Hazardous Waste in Tanks (90-day)

• Extension to Generator Accumulation Time Limits For Unforeseen, Temporary

Circumstances

• Generator Accumulation Time Requirements

• Frequently Asked Questions on Hazardous Waste Generator Requirements

• Classification and Possible Modification of the 90-Day Generator Rule

Accumulation Requirements for Storage Units: Containers 

Subpart I—Use and Management of Containers 

§ 265.170: Applicability. 

The regulations in this subpart apply to owners and operators of all hazardous waste 

facilities that store containers of hazardous waste, except as§ 265.1 provides otherwise. 

§ 265.171: Condition of containers. 

If a container holding hazardous waste is not in good condition, or if it begins to leak, the 

owner or operator must transfer the hazardous waste from this container to a container 

that is in good condition, or manage the waste in some other way that complies with the 

requirements of this part. 

§ 265.172: Compatibility of waste with container. 

The owner or operator must use a container made of or lined with materials which will 

not react with, and are otherwise compatible with, the hazardous waste to be stored, so 

that the ability of the container to contain the waste is not impaired. 

§ 265.173: Management of containers. 

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(a) A container holding hazardous waste must always be closed during storage, except 

when it is necessary to add or remove waste. 

(b) A container holding hazardous waste must not be opened, handled, or stored in a 

manner which may rupture the container or cause it to leak. 

[Comment: Re-use of containers in transportation is governed by U.S. Department of 

Transportation regulations, including those set forth in 49 CFR 173.28.] 

[45 FR 33232, May 19, 1980, as amended at 45 FR 78529, Nov. 25, 1980] 

§ 265.174: Inspections. 

The owner or operator must inspect areas where containers are stored, at least weekly, 

looking for leaks and for deterioration caused by corrosion or other factors. 

[Comment: See § 265.171 for remedial action required if deterioration or leaks are 

detected.] 

§ 265.175: [Reserved] 

§ 265.177: Special requirements for incompatible wastes. 

(a) Incompatible wastes, or incompatible wastes and materials, (see appendix V for 

examples) must not be placed in the same container, unless § 265.17(b) is complied with. 

(b) Hazardous waste must not be placed in an unwashed container that previously held an 

incompatible waste or material (see appendix V for examples), unless § 265.17(b) is 

complied with. 

(c) A storage container holding a hazardous waste that is incompatible with any waste or 

other materials stored nearby in other containers, piles, open tanks, or surface 

impoundments must be separated from the other materials or protected from them by 

means of a dike, berm, wall, or other device. 

[Comment: The purpose of this is to prevent fires, explosions, gaseous emissions, 

leaching, or other discharge of hazardous waste or hazardous waste constituents which 

could result from the mixing of incompatible wastes or materials if containers break or 

leak.] 

§ 265.176: Special requirements for ignitable or reactive waste. 

Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) 

from the facility’s property line. 

[Comment: See § 265.17(a) for additional requirements.] 

§ 265.178: Air emission standards. 

The owner or operator shall manage all hazardous waste placed in a container in 

accordance with the applicable requirements of subparts AA, BB, and CC of this part. 

[61 FR 59968, Nov. 25, 1996] 

111
Related Resources: 

• Hazardous Waste Container Storage Requirements

• Treating Wastes in Generators Accumulation Tanks and Containers

• Containers Storing Hazardous Waste, Requirements

• Containers for Safe and Economical Storage, Transport, and Disposal of

Hazardous Waste

Accumulation Requirements for Storage Units: Tanks 

Subpart J- Tank Systems 

Source: 51 FR 25479, July 14, 1986, unless otherwise noted. 

§ 265.190: Applicability. 

The requirements of this subpart apply to owners and operators of facilities that use tank 

systems for storing or treating hazardous waste except as otherwise provided in 

paragraphs (a), (b), and (c) of this section or in § 265.1 of this part. 

(a) Tank systems that are used to store or treat hazardous waste which contains no free 

liquids and are situated inside a building with an impermeable floor are exempted from 

the requirements in § 265.193. To demonstrate the absence or presence of free liquids in 

the stored/treated waste, the following test must be used: Method 9095B (Paint Filter 

Liquids Test) as described in ‘‘Test Methods for Evaluating Solid Waste, 

Physical/Chemical Methods,’’ EPA Publication SW–846, as incorporated by reference in 

§ 260.11 of this chapter. 

(b) Tank systems, including sumps, as defined in § 260.10, that serve as part of a 

secondary containment system to collect or contain releases of hazardous wastes are 

exempted from the requirements in § 265.193(a). (c) Tanks, sumps, and other collection 

devices used in conjunction with drip pads, as defined in § 260.10 of this chapter and 

regulated under 40 CFR part 265 subpart W, must meet the requirements of this subpart. 

§ 265.191: Assessment of existing tank system’s integrity. 

a) For each existing tank system that does not have secondary containment meeting the 

requirements of §265.193, the owner or operator must determine that the tank system is 

not leaking or is unfit for use. Except as provided in paragraph (c) of this section, the 

owner or operator must obtain and keep on file at the facility a written assessment 

reviewed and certified by a qualified Professional Engineer in accordance with 

§270.11(d) of this chapter, that attests to the tank system's integrity by January 12, 1988. 

(b) This assessment must determine that the tank system is adequately designed and has 

sufficient structural strength and compatibility with the waste(s) to be stored or treated to 

ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must 

112
consider the following: 

(1) Design standard(s), if available, according to which the tank and ancillary equipment 

were constructed; 

(2) Hazardous characteristics of the waste(s) that have been or will be handled; 

(3) Existing corrosion protection measures; 

(4) Documented age of the tank system, if available, (otherwise, an estimate of the age); 

and 

(5) Results of a leak test, internal inspection, or other tank integrity examination such 

that: 

(i) For non-enterable underground tanks, this assessment must consist of a leak test that is 

capable of taking into account the effects of temperature variations, tank end deflection, 

vapor pockets, and high water table effects, 

(ii) For other than non-enterable underground tanks and for ancillary equipment, this 

assessment must be either a leak test, as described above, or an internal inspection and/or 

other tank integrity examination certified by a qualified Professional Engineer in 

accordance with §270.11(d) of this chapter that addresses cracks, leaks, corrosion, and 

erosion. 

[NOTE: The practices described in the American Petroleum Institute (API) Publication, 

Guide for Inspection of Refinery Equipment, Chapter XIII, ‘‘Atmospheric and LowPressure Storage Tanks,’’ 4th edition, 1981, may be used, where applicable, as guidelines 

in conducting the integrity examination of an other than non-enterable underground tank 

system.] 

(c) Tank systems that store or treat materials that become hazardous wastes subsequent to 

July 14, 1986 must conduct this assessment within 12 months after the date that the waste 

becomes a hazardous waste. 

(d) If, as a result of the assessment conducted in accordance with paragraph (a) of this 

section, a tank system is found to be leaking or unfit for use, the owner or operator must 

comply with the requirements of § 265.196. 

[51 FR 25479, July 14, 1986, as amended at 71 FR 16910, Apr. 4, 2006] 

§ 265.192: Design and installation of new tank systems or components. 

(a) Owners or operators of new tank systems or components must ensure that the 

foundation, structural support, seams, connections, and pressure controls (if applicable) 

are adequately designed and that the tank system has sufficient structural strength, 

compatibility with the waste(s) to be stored or treated, and corrosion protection so that it 

will not collapse, rupture, or fail. The owner or operator must obtain a written assessment 

reviewed and certified by a qualified Professional Engineer in accordance with 

§270.11(d) of this chapter attesting that the system has sufficient structural integrity and 

is acceptable for the storing and treating of hazardous waste. This assessment must 

include the following information: 

 (1) Design standard(s) according to which the tank(s) and ancillary equipment is or will 

be constructed. 

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(2) Hazardous characteristics of the waste(s) to be handled. 

(3) For new tank systems or components in which the external shell of a metal tank or 

any external metal component of the tank system is or will be in contact with the soil or 

with water, 

a determination by a corrosion expert of: 

(i) Factors affecting the potential for corrosion, including but not limited to: 

(A) Soil moisture content; 

(B) Soil pH; 

(C) Soil sulfides level; 

(D) Soil resistivity; 

(E) Structure to soil potential; 

(F) Influence of nearby underground metal structures (e.g., piping); 

(G) Stray electric current; and, 

(H) Existing corrosion-protection measures (e.g., coating, cathodic protection), and 

(ii) The type and degree of external corrosion protection that are needed to ensure the 

integrity of the tank system during the use of the tank system or component, consisting of 

one or more of the following: 

(A) Corrosion-resistant materials of construction such as special alloys or fiberglassreinforced plastic; 

(B) Corrosion-resistant coating (such as epoxy or fiberglass) with cathodic protection 

(e.g., impressed current or sacrificial anodes); and 

(C) Electrical isolation devices such as insulating joints and flanges. 

NOTE: The practices described in the National Association of Corrosion Engineers 

(NACE) standard, ‘‘Recommended Practice (RP–02–85)—Control of External Corrosion 

on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,’’ and the 

American Petroleum Institute (API) Publication 1632, ‘‘Cathodic Protection of 

Underground Petroleum Storage Tanks and Piping Systems,’’ may be used, where 

applicable, as guidelines in providing corrosion protection for tank systems. 

(4) For underground tank system components that are likely to be affected by vehicular 

traffic, a determination of design or operational measures that will protect the tank system 

against potential damage; and 

(5) Design considerations to ensure that: 

(i) Tank foundations will maintain the load of a full tank; 

(ii) Tank systems will be anchored to prevent flotation or dislodgement where the tank 

system is placed in a saturated zone, or is located within a seismic fault zone; and 

(iii) Tank systems will withstand the effects of frost heave. 

(b) The owner or operator of a new tank system must ensure that proper handling 

procedures are adhered to in order to prevent damage to the system during installation. 

Prior to covering, enclosing, or placing a new tank system or component in use, an 

independent, qualified installation inspector or a qualified Professional Engineer, either 

of whom is trained and experienced in the proper installation of tank systems, must 

inspect the system or component for the presence of any of the following items: 

(1) Weld breaks; 

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(2) Punctures; 

(3) Scrapes of protective coatings; 

(4) Cracks; 

(5) Corrosion; 

(6) Other structural damage or inadequate construction or installation. All discrepancies 

must be remedied before the tank system is covered, enclosed, or placed in use. 

(c) New tank systems or components and piping that are placed underground and that are 

backfilled must be provided with a backfill material that is a noncorrosive, porous, 

homogeneous substance and that is carefully installed so that the backfill is placed 

completely around the tank and compacted to ensure that the tank and piping are fully 

and uniformly supported. 

(d) All new tanks and ancillary equipment must be tested for tightness prior to being 

covered, enclosed or placed in use. If a tank system is found not to be tight, all repairs 

necessary to remedy the leak(s) in the system must be performed prior to the tank system 

being covered, enclosed, or placed in use. 

(e) Ancillary equipment must be supported and protected against physical damage and 

excessive stress due to settlement, vibration, expansion or contraction. 

NOTE: The piping system installation procedures described in American Petroleum 

Institute (API) Publication 1615 (November 1979), ‘‘Installation of Underground 

Petroleum Storage Systems,’’ or ANSI Standard B31.3, ‘‘Petroleum Refinery System,’’ 

may be used, where applicable, as guidelines for proper installation of piping systems. 

(f) The owner or operator must provide the type and degree of corrosion protection 

necessary, based on the information provided under paragraph (a)(3) of this section, to 

ensure the integrity of the tank system during use of the tank system. The installation of a 

corrosion protection system that is field fabricated must be supervised by an independent 

corrosion expert to ensure proper installation. 

(g) The owner or operator must obtain and keep on file at the facility written statements 

by those persons required to certify the design of the tank system and supervise the 

installation of the tank system in accordance with the requirements of paragraphs (b) 

through (f) of this section to attest that the tank system was properly designed and 

installed and that repairs, pursuant to paragraphs (b) and (d) of this section were 

performed. These written statements must also include the certification statement as 

required in § 270.11(d) of this chapter. 

[51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986; 71 FR 16910, Apr. 4, 2006] 

§ 265.193: Containment and detection of releases. 

(a) In order to prevent the release of hazardous waste or hazardous constituents to the 

environment, secondary containment that meets the requirements of this section must be 

provided (except as provided in paragraphs (f) and (g) of this section): 

115
(1) For all new and existing tank systems or components, prior to their being put into 

service. 

(2) For tank systems that store or treat materials that become hazardous wastes, within 2 

years of the hazardous waste listing, or when the tank system has reached 15 years of age, 

whichever comes later. 

(b) Secondary containment systems must be: 

(1) Designed, installed, and operated to prevent any migration of wastes or accumulated 

liquid out of the system to the soil, ground water, or surface water at any time during the 

use of the tank system; and 

(2) Capable of detecting and collecting releases and accumulated liquids until the 

collected material is removed. 

(c) To meet the requirements of paragraph (b) of this section, secondary containment 

systems must be at a minimum: 

(1) Constructed of or lined with materials that are compatible with the waste(s) to be 

placed in the tank system and must have sufficient strength and thickness to prevent 

failure due to pressure gradients (including static head and external hydrological forces), 

physical contact with the waste to which they are exposed, climatic conditions, the stress 

of installation, and the stress of daily operation (including stresses from nearby vehicular 

traffic); 

(2) Placed on a foundation or base capable of providing support to the secondary 

containment system and resistance to pressure gradients above and below the system and 

capable of preventing failure due to settlement, compression, or uplift; 

(3) Provided with a leak detection system that is designed and operated so that it will 

detect the failure of either the primary and secondary containment structure or any release 

of hazardous waste or accumulated liquid in the secondary containment system within 24 

hours, or at the earliest practicable time if the existing detection technology or site 

conditions will not allow detection of a release within 24 hours; 

(4) Sloped or otherwise designed or operated to drain and remove liquids resulting from 

leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation must 

be removed from the secondary containment system within 24 hours, or in as timely a 

manner as is possible to prevent harm to human health or the environment, if removal of 

the released waste or accumulated precipitation cannot be accomplished within 24 hours. 

NOTE: If the collected material is a hazardous waste under part 261 of this chapter, it is 

subject to management as a hazardous waste in accordance with all applicable 

requirements of parts 262 through 265 of this chapter. If the collected material is 

discharged through a point source to waters of the United States, it is subject to the 

requirements of sections 301, 304, and 402 of the Clean Water Act, as amended. If 

discharged to Publicly Owned Treatment Works (POTWs), it is subject to the 

requirements of section 307 of the Clear Water Act, as amended. If the collected material 

is released to the environment, it may be subject to the reporting requirements of 40 CFR 

Part 302. 

(d) Secondary containment for tanks must include one or more of the following devices: 

116
(1) A liner (external to the tank); 

(2) A vault; 

(3) A double-walled tank; or 

(4) An equivalent device as approved by the Regional Administrator. 

(e) In addition to the requirements of paragraphs (b), (c), and (d) of this section, 

secondary containment systems must satisfy the following requirements: 

(1) External liner systems must be: 

(i) Designed or operated to contain 100 percent of the capacity of the largest tank within 

its boundary; 

(ii) Designed or operated to prevent run-on or infiltration of precipitation into the 

secondary containment system unless the collection system has sufficient excess capacity 

to contain run-on or infiltration. Such additional capacity must be sufficient to contain 

precipitation from a 25-year, 24-hour rainfall event; 

(iii) Free of cracks or gaps; and 

(iv) Designed and installed to completely surround the tank and to cover all surrounding 

earth likely to come into contact with the waste if released from the tank(s) (i.e., capable 

of preventing lateral as well as vertical migration of the waste). 

(2) Vault systems must be: (i) Designed or operated to contain 100 percent of the 

capacity of the largest tank within its boundary; 

(ii) Designed or operated to prevent run-on or infiltration of precipitation into the 

secondary containment system unless the collection system has sufficient excess capacity 

to contain run-on or infiltration. Such additional capacity must be sufficient to contain 

precipitation from a 25-year, 24-hour rainfall event; 

(iii) Constructed with chemical-resistant water stops in place at all joints (if any); 

(iv) Provided with an impermeable interior coating or lining that is compatible with the 

stored waste and that will prevent migration of waste into the concrete; 

(v) Provided with a means to protect against the formation of and ignition of vapors 

within the vault, if the waste being stored or treated: 

(A) Meets the definition of ignitable waste under § 261.21 of this chapter, or 

(B) Meets the definition of reactive waste under § 261.23 of this chapter and may form an 

ignitable or explosive vapor; and 

(vi) Provided with an exterior moisture barrier or be otherwise designed or operated to 

prevent migration of moisture into the vault if the vault is subject to hydraulic pressure. 

(3) Double-walled tanks must be: 

(i) Designed as an integral structure (i.e., an inner tank within an outer shell) so that any 

release from the inner tank is contained by the outer shell; 

(ii) Protected, if constructed of metal, from both corrosion of the primary tank interior 

and the external surface of the outer shell; and 

(iii) Provided with a built-in, continuous leak detection system capable of detecting a 

release within 24 hours or at the earliest practicable time, if the owner or operator can 

demonstrate to the Regional Administrator, and the Regional Administrator concurs, that 

the existing leak detection technology or site conditions will not allow detection of a 

release within 24 hours. 

NOTE: The provisions outlined in the Steel Tank Institute’s (STI) ‘‘Standard for Dual 

Wall Underground Steel Storage Tank’’ may be used as guidelines for aspects of the 

117
design of underground steel double-walled tanks. 

(f) Ancillary equipment must be provided with full secondary containment (e.g., trench, 

jacketing, double-walled piping) that meets the requirements of paragraphs (b) and (c) of 

this section except for: 

(1) Aboveground piping (exclusive of flanges, joints, valves, and connections) that are 

visually inspected for leaks on a daily basis; 

(2) Welded flanges, welded joints, and welded connections that are visually inspected for 

leaks on a daily basis; 

(3) Sealless or magnetic coupling pumps and sealless valves, that are visually inspected 

for leaks on a daily basis; and 

(4) Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess 

flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off 

devices) that are visually inspected for leaks on a daily basis. 

(g) The owner or operator may obtain a variance from the requirements of this Section if 

the Regional Administrator finds, as a result of a demonstration by the owner or operator, 

either: that alternative design and operating practices, together with location 

characteristics, will prevent the migration of hazardous waste or hazardous constituents 

into the ground water or surface water at least as effectively as secondary containment 

during the active life of the tank system or that in the event of a release that does migrate 

to ground water or surface water, no substantial present or potential hazard will be posed 

to human health or the environment. New underground tank systems may not, per a 

demonstration in accordance with paragraph (g)(2) of this section, be exempted from the 

secondary containment requirements of this section. Application for a variance as 

allowed in paragraph (g) of this section does not waive compliance with the requirements 

of this subpart for new tank systems. 

(1) In deciding whether to grant a variance based on a demonstration of equivalent 

protection of ground water and surface water, the Regional Administrator will consider: 

(i) The nature and quantity of the waste; 

(ii) The proposed alternate design and operation; 

(iii) The hydrogeologic setting of the facility, including the thickness of soils between the 

tank system and ground water; and 

(iv) All other factors that would influence the quality and mobility of the hazardous 

constituents and the potential for them to migrate to ground water or surface water. 

(2) In deciding whether to grant a variance, based on a demonstration of no substantial 

present or potential hazard, the Regional Administrator will consider: 

(i) The potential adverse effects on ground water, surface water, and land quality taking 

into account: 

(A) The physical and chemical characteristics of the waste in the tank system, including 

its potential for migration, 

(B) The hydrogeological characteristics of the facility and surrounding land, 

(C) The potential for health risks caused by human exposure to waste constituents, 

(D) The potential for damage to wildlife, crops, vegetation, and physical structures 

caused by exposure to waste constituents, and 

(E) The persistence and permanence of the potential adverse effects; 

(ii) The potential adverse effects of a release on ground-water quality, taking into 

118
account: 

(A) The quantity and quality of ground water and the direction of ground-water flow, 

(B) The proximity and withdrawal rates of water in the area, 

(C) The current and future uses of ground water in the area, and 

(D) The existing quality of ground water, including other sources of contamination and 

their cumulative impact on the ground-water quality; 

(iii) The potential adverse effects of a release on surface water quality, taking into 

account: 

(A) The quantity and quality of ground water and the direction of ground-water flow, 

(B) The patterns of rainfall in the region, 

(C) The proximity of the tank system to surface waters, 

(D) The current and future uses of surface waters in the area and any water quality 

standards established for those surface waters, and 

(E) The existing quality of surface water, including other sources of contamination and 

the cumulative impact on surface-water quality; and 

(iv) The potential adverse effects of a release on the land surrounding the tank system, 

taking into account: 

(A) The patterns of rainfall in the region, and 

(B) The current and future uses of the surrounding land. 

(3) The owner or operator of a tank system, for which a variance from secondary 

containment had been granted in accordance with the requirements of paragraph (g)(1) of 

this section, at which a release of hazardous waste has occurred from the primary tank 

system but has not migrated beyond the zone of engineering control (as established in the 

variance), must: 

(i) Comply with the requirements of § 265.196, except paragraph (d); and 

(ii) Decontaminate or remove contaminated soil to the extent necessary to: 

(A) Enable the tank system, for which the variance was granted, to resume operation with 

the capability for the detection of and response to releases at least equivalent to the 

capability it had prior to the release, and 

(B) Prevent the migration of hazardous waste or hazardous constituents to ground water 

or surface water; and 

(iii) If contaminated soil cannot be removed or decontaminated in accordance with 

paragraph (g)(3)(ii) of this section, comply with the requirements of § 265.197(b); 

(4) The owner or operator of a tank system, for which a variance from secondary 

containment had been granted in accordance with the requirements of paragraph (g)(1) of 

this section, at which a release of hazardous waste has occurred from the primary tank 

system and has migrated beyond the zone of engineering control (as established in the 

variance), must: 

(i) Comply with the requirements of § 265.196(a), (b), (c), and (d); and 

(ii) Prevent the migration of hazardous waste or hazardous constituents to ground water 

or surface water, if possible, and decontaminate or remove contaminated soil. If 

contaminated soil cannot be decontaminated or removed, or if ground water has been 

contaminated, the owner or operator must comply with the requirements of § 265.197(b); 

(iii) If repairing, replacing, or reinstalling the tank system, provide secondary 

containment in accordance with the requirements of paragraphs (a) through (f) of this 

section or reapply for a variance from secondary containment and meet the requirements 

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for new tank systems in § 265.192 if the tank system is replaced. The owner or operator 

must comply with these requirements even if contaminated soil can be decontaminated or 

removed, and ground water or surface water has not been contaminated. 

(h) The following procedures must be followed in order to request a variance from 

secondary containment: 

(1) The Regional Administrator must be notified in writing by the owner or operator that 

he intends to conduct and submit a demonstration for a variance from secondary 

containment as allowed in paragraph (g) of this section according to the following 

schedule: 

(i) For existing tank systems, at least 24 months prior to the date that secondary 

containment must be provided in accordance with paragraph (a) of this section; and 

(ii) For new tank systems, at least 30 days prior to entering into a contract for installation 

of the tank system. 

(2) As part of the notification, the owner or operator must also submit to the Regional 

Administrator a description of the steps necessary to conduct the demonstration and a 

timetable for completing each of the steps. The demonstration must address each of the 

factors listed in paragraph (g)(1) or paragraph (g)(2) of this section. 

(3) The demonstration for a variance must be completed and submitted to the Regional 

Administrator within 180 days after notifying the Regional Administrator of intent to 

conduct the demonstration. 

(4) The Regional Administrator will inform the public, through a newspaper notice, of 

the availability of the demonstration for a variance. The notice shall be placed in a daily 

or weekly major local newspaper of general circulation and shall provide at least 30 days 

from the date of the notice for the public to review and comment on the demonstration for 

a variance. The Regional Administrator also will hold a public hearing, in response to a 

request or at his own discretion, whenever such a hearing might clarify one or more 

issues concerning the demonstration for a variance. Public notice of the hearing will be 

given at least 30 days prior to the date of the hearing and may be given at the same time 

as notice of the opportunity for the public to review and comment on the demonstration. 

These two notices may be combined. 

(5) The Regional Administrator will approve or disapprove the request for a variance 

within 90 days of receipt of the demonstration from the owner or operator and w ill notify 

in writing the owner or operator and each person who submitted written comments or 

requested notice of the variance decision. If the demonstration for a variance is 

incomplete or does not include sufficient information, the 90-day time period will begin 

when the Regional Administrator receives a complete demonstration, including all 

information necessary to make a final determination. If the public comment period in 

paragraph (h)(4) of this section is extended, the 90-day time period will be similarly 

extended. 

(i) All tank systems, until such time as secondary containment meeting the requirements 

of this section is provided, must comply with the following: 

(1) For non-enterable underground tanks, a leak test that meets the requirements of 

§265.191(b)(5) must be conducted at least annually; 

(2) For other than non-enterable underground tanks, and for all ancillary equipment, the 

owner or operator must either conduct a leak test as in paragraph (i)(1) of this section or 

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an internal inspection or other tank integrity examination by a qualified Professional 

Engineer that addresses cracks, leaks, and corrosion or erosion at least annually. The 

owner or operator must remove the stored waste from the tank, if necessary, to allow the 

condition of all internal tank surfaces to be assessed. 

NOTE: The practices described in the American Petroleum Institute (API) Publication 

Guide for Inspection of Refining Equipment, Chapter XIII, ‘‘Atmospheric and Low 

Pressure Storage Tanks,’’ 4th edition, 1981, may be used, when applicable, as guidelines 

for assessing the overall condition of the tank system. 

(3) The owner or operator must maintain on file at the facility a record of the results of 

the assessments conducted in accordance with paragraphs (i)(1) through (i)(3) of this 

section. 

(4) If a tank system or component is found to be leaking or unfit-for-use as a result of the 

leak test or assessment in paragraphs (i)(1) through (i)(3) of this section, the owner or 

operator must comply with the requirements of § 265.196. 

[51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 53 FR 34087, 

Sept. 2, 1988; 71 FR 16910, Apr. 4, 2006; 71 FR 40275, July 14, 2006] 

§ 265.194: General operating requirements. 

(a) Hazardous wastes or treatment reagents must not be placed in a tank system if they 

could cause the tank, its ancillary equipment, or the secondary containment system to 

rupture, leak, corrode, or otherwise fail. 

(b) The owner or operator must use appropriate controls and practices to prevent spills 

and overflows from tank or secondary containment systems. These include at a 

minimum: 

(1) Spill prevention controls (e.g., check valves, dry disconnect couplings); 

(2) Overfill prevention controls (e.g., level sensing devices, high level alarms, automatic 

feed cutoff, or bypass to a standby tank); and 

(3) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by 

wave or wind action or by precipitation. 

(c) The owner or operator must comply with the requirements of § 265.196 if a leak or 

spill occurs in the tank system. 

[51 FR 25479, July 14, 1986, as amended at 71 FR 40275, July 14, 2006] 

§ 265.195: Inspections. 

(a) The owner or operator must inspect, where present, at least once each operating day, 

data gathered from monitoring and leak detection equipment (e.g., pressure or 

temperature gauges, monitoring wells) to ensure that the tank system is being operated 

according to its design. 

(1) Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and 

drainage systems) to ensure that it is in good working order; 

(2) The aboveground portions of the tank system, if any, to detect corrosion or releases of 

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waste; 

(3) Data gathered from monitoring equipment and leak-detection equipment, (e.g., 

pressure and temperature gauges, monitoring wells) to ensure that the tank system is 

being operated according to its design; and 

(4) The construction materials and the area immediately surrounding the externally 

accessible portion of the tank system including secondary containment structures (e.g., 

dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead 

vegetation); 

NOTE: Section 265.15(c) requires the owner or operator to remedy any deterioration or 

malfunction he finds. Section 265.196 requires the owner or operator to notify the 

Regional Administrator within 24 hours of confirming a release. Also, 40 CFR part 302

may require the owner or operator to notify the National Response Center of a release. 

(b) Except as noted under the paragraph (c) of this section, the owner or operator must 

inspect at least once each operating day: 

(1) Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and 

drainage systems) to ensure that it is in good working order; 

(2) Above ground portions of the tank system, if any, to detect corrosion or releases of 

waste; and 

(3) The construction materials and the area immediately surrounding the externally 

accessible portion of the tank system, including the secondary containment system (e.g., 

dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead 

vegetation). 

(c) Owners or operators of tank systems that either use leak detection equipment to alert 

facility personnel to leaks, or implement established workplace practices to ensure leaks 

are promptly identified, must inspect at least weekly those areas described in paragraphs 

(b)(1) through (3) of this section. Use of the alternate inspection schedule must be 

documented in the facility's operating record. This documentation must include a 

description of the established workplace practices at the facility. 

(d) Performance Track member facilities may inspect on a less frequent basis, upon 

approval by the Director, but must inspect at least once each month. To apply for a less 

than weekly inspection frequency, the Performance Track member facility must follow 

the procedures described in §265.15(b)(5). 

(e) Ancillary equipment that is not provided with secondary containment, as described in 

§265.193(f)(1) through (4), must be inspected at least once each operating day. 

(f) The owner or operator must inspect cathodic protection systems, if present, according 

to, at a minimum, the following schedule to ensure that they are functioning properly: 

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(1) The proper operation of the cathodic protection system must be confirmed within six 

months after initial installation, and annually thereafter; and 

(2) All sources of impressed current must be inspected and/or tested, as appropriate, at 

least bimonthly (i.e., every other month). 

Note: The practices described in the National Association of Corrosion Engineers 

(NACE) standard, “Recommended Practice (RP–02–85)—Control of External Corrosion 

on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,” and the 

American Petroleum Institute (API) Publication 1632, “Cathodic Protection of 

Underground Petroleum Storage Tanks and Piping Systems,” may be used, where 

applicable, as guidelines in maintaining and inspecting cathodic protection systems. 

(g) The owner or operator must document in the operating record of the facility an 

inspection of those items in paragraphs (a) and (b) of this section. 

[51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 71 FR 16910, 

Apr. 4, 2006] 

§ 265.196: Response to leaks or spills and disposition of leaking or unfit-for-use tank 

systems. 

A tank system or secondary containment system from which there has been a leak or 

spill, or which is unfit for use, must be removed from service immediately, and the owner 

or operator must satisfy the following requirements: 

(a) Cessation of use; prevent flow or addition of wastes. The owner or operator must 

immediately stop the flow of hazardous waste into the tank system or secondary 

containment system and inspect the system to determine the cause of the release. 

(b) Removal of waste from tank system or secondary containment system. (1) If the 

release was from the tank system, the owner or operator must, within 24 hours after 

detection of the leak or, if the owner or operator demonstrates that that is not possible, at 

the earliest practicable time remove as much of the waste as is necessary to prevent 

further release of hazardous waste to the environment and to allow inspection and repair 

of the tank system to be performed. 

(2) If the release was to a secondary containment system, all released materials must be 

removed within 24 hours or in as timely a manner as is possible to prevent harm to 

human health and the environment. 

(c) Containment of visible releases to the environment. The owner or operator must 

immediately conduct a visual inspection of the release and, based upon that inspection: 

(1) Prevent further migration of the leak or spill to soils or surface water; and 

(2) Remove, and properly dispose of, any visible contamination of the soil or surface 

water. 

(d) Notifications, reports. 

(1) Any release to the environment, except as provided in paragraph (d)(2) of this section, 

must be reported to the Regional Administrator within 24 hours of detection. If the 

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release has been reported pursuant to 40 CFR part 302, that report will satisfy this 

requirement. 

(2) A leak or spill of hazardous waste that is: 

(i) Less than or equal to a quantity of one (1) pound, and 

(ii) Immediately contained and cleaned-up is exempted from the requirements of this 

paragraph. 

(3) Within 30 days of detection of a release to the environment, a report containing the 

following information must be submitted to the Regional Administrator: 

(i) Likely route of migration of the release; 

(ii) Characteristics of the surrounding soil (soil composition, geology, hydrogeology, 

climate); 

(iii) Results of any monitoring or sampling conducted in connection with the release, (if 

available). If sampling or monitoring data relating to the release are not available within 

30 days, these data must be submitted to the Regional Administrator as soon as they 

become available; 

(iv) Proximity to down gradient drinking water, surface water, and population areas; and 

(v) Description of response actions taken or planned. 

(e) Provision of secondary containment, repair, or closure. 

(1) Unless the owner or operator satisfies the requirements of paragraphs (e) (2) through 

(4) of this section, the tank system must be closed in accordance with § 265.197. 

(2) If the cause of the release was a spill that has not damaged the integrity of the system, 

the owner/operator may return the system to service as soon as the released waste is 

removed and repairs, if necessary, are made. 

(3) If the cause of the release was a leak from the primary tank system into the secondary 

containment system, the system must be repaired prior to returning the tank system to 

service. 

(4) If the source of the release was a leak to the environment from a component of a tank 

system without secondary containment, the owner/operator must provide the component 

of the system from which the leak occurred with secondary containment that satisfies the 

requirements of § 265.193 before it can be returned to service, unless the source of the 

leak is an aboveground portion of a tank system. If the source is an aboveground 

component that can be inspected visually, the component must be repaired and may be 

returned to service without secondary containment as long as the requirements of 

paragraph (f) of this section are satisfied. If a component is replaced to comply with the 

requirements of this subparagraph, that component must satisfy the requirements for new 

tank systems or components in §§ 265.192 and 265.193. Additionally, if a leak has 

occurred in any portion of a tank system component that is not readily accessible for 

visual inspection (e.g., the bottom of an inground or onground tank), the entire 

component must be provided with secondary containment in accordance with § 265.193

prior to being returned to use. 

f) Certification of major repairs. If the owner/operator has repaired a tank system in 

accordance with paragraph (e) of this section, and the repair has been extensive (e.g., 

installation of an internal liner; repair of a ruptured primary containment or secondary 

containment vessel), the tank system must not be returned to service unless the 

owner/operator has obtained a certification by a qualified Professional Engineer in 

accordance with §270.11(d) that the repaired system is capable of handling hazardous 

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wastes without release for the intended life of the system. This certification is to be 

placed in the operating record and maintained until closure of the facility. 

NOTE: The Regional Administrator may, on the basis of any information received that 

there is or has been a release of hazardous waste or hazardous constituents into the 

environment, issue an order under RCRA section 3004(v), 3008(h), or 7003(a) requiring 

corrective action or such other response as deemed necessary to protect human health or 

the environment. 

NOTE: See § 265.15(c) for the requirements necessary to remedy a failure. Also, 40 CFR 

Part 302 requires the owner or operator to notify the National Response Center of a 

release of any ‘‘reportable quantity.’’ 

[51 FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 71 FR 16911, 

Apr. 4, 2006] 

§ 265.198: Special requirements for ignitable or reactive wastes. 

(a) Ignitable or reactive waste must not be placed in a tank system, unless: 

(1) The waste is treated, rendered, or mixed before or immediately after placement in the 

tank system so that: 

(i) The resulting waste, mixture, or dissolved material no longer meets the definition of 

ignitable or reactive waste under §§ 261.21 or 261.23 of this chapter; and 

(ii) Section 265.17(b) is complied with; or 

(2) The waste is stored or treated in such a way that it is protected from any material or 

conditions that may cause the waste to ignite or react; or 

(3) The tank system is used solely for emergencies. 

(b) The owner or operator of a facility where ignitable or reactive waste is stored or 

treated in tanks must comply with the requirements for the maintenance of protective 

distances between the waste management area and any public ways, streets, alleys, or an 

adjoining property line that can be built upon as required in Tables 2–1 through 2–6 of 

the National Fire Protection Association’s ‘‘Flammable and Combustible Liquids Code,’’ 

(1977 or 1981), (incorporated by reference, see § 260.11). 

§ 265.199: Special requirements for incompatible wastes. 

(a) Incompatible wastes, or incompatible waste and materials, must not be placed in the 

same tank system, unless § 265.17(b) is complied with. 

(b) Hazardous waste must not be placed in a tank system that has not been 

decontaminated and that previously held an incompatible waste or material, unless § 

265.17(b) is complied with. 

§ 265.200: Waste analysis and trial tests. 

In addition to performing the waste analysis required by § 265.13, the owner or operator 

125
must, whenever a tank system is to be used to treat chemically or to store a hazardous 

waste that is substantially different from waste previously treated or stored in that tank 

system; or treat chemically a hazardous waste with a substantially different process than 

any previously used in that tank system: 

(a) Conduct waste analyses and trial treatment or storage tests (e.g., bench scale or pilotplant scale tests); or 

(b) Obtain written, documented information on similar waste under similar operating 

conditions to show that the proposed treatment or storage will meet the requirements of § 

265.194(a). 

NOTE: Section 265.13 requires the waste analysis plan to include analyses needed to 

comply with §§ 265.198 and 265.199. Section 265.73 requires the owner or operator to 

place the results from each waste analysis and trial test, or the documented information, 

in the operating record of the facility. 

§ 265.202: Air emission standards. 

The owner or operator shall manage all hazardous waste placed in a tank in accordance 

with the applicable requirements of subparts AA, BB, and CC of this part. 

[61 FR 59968, Nov. 25, 1996] 

Related Resources: 

• Hazardous Waste Tanks Inspection Manual

• Hazardous Waste Tanks

• Hazardous Waste Tanks - Installation/Certification of Secondary Containment

• Hazardous Waste Tanks/Containers – Capacity of Secondary Containment

• Releases From 90 Day Accumulation Tanks

• Secondary Containment for Hazardous Waste Tanks

• Secondary Containment Systems for Hazardous Waste Tanks

• Hazardous Waste Tank - Leak Detection

• Tank Integrity Assessments

• Tanks Holding Hazardous Waste

• Integrity Assessment for Hazardous Waste Tanks and Post-Closure Requirements

• Accumulation of Hazardous Waste in Tanks (90-Day)

• Inspections Requirements for Hazardous Waste Tanks

• Tank Replacement

• Start Dates on Large Quantity Generator Tanks

• Clarification of Requirements for Secondary Containment Systems Associated

With Hazardous Waste Tanks

Satellite Accumulation 

126
Note: Hazardous wastes stored in satellite accumulation areas have fewer regulatory 

requirements than wastes stored in central accumulation areas by small and large quantity 

generators. For a discussion of these reduced requirements, please see the following 

memorandum: Frequently Asked Questions about Satellite Accumulation Areas

§262.34: Accumulation time.

(c)(1) A generator may accumulate as much as 55 gallons of hazardous waste or one 

quart of acutely hazardous waste listed in § 261.33(e) in containers at or near any point of 

generation where wastes initially accumulate, which is under the control of the operator 

of the process generating the waste, without a permit or interim status and without 

complying with paragraph (a) of this section provided he: 

(i) Complies with §§ 265.171, 265.172, and 265.173(a) of this chapter; and 

(ii) Marks his containers either with the words ‘‘Hazardous Waste’’ or with other words 

that identify the contents of the containers. 

(2) A generator who accumulates either hazardous waste or acutely hazardous waste 

listed in § 261.33(e) in excess of the amounts listed in paragraph (c)(1) of this section at 

or near any point of generation must, with respect to that amount of excess waste, comply 

within three days with paragraph (a) of this section or other applicable provisions of this 

chapter. During the three day period the generator must continue to comply with 

paragraphs (c)(1)(i) through (ii) of this section. The generator must mark the container 

holding the excess accumulation of hazardous waste with the date the excess amount 

began accumulating. 

Related Resources: 

• Clarification of Section 262.34(A) Accumulation Time for Excess of 55-Gallon

Limit in Satellite Accumulation Areas

• Frequently Asked Questions about Satellite Accumulation Areas

• Satellite Accumulation

• Satellite Accumulation Area and Regulations

• Cabinets as Satellite Accumulation Areas

• Clarification: Satellite Accumulation Provision

• Determining Generator Status by Including Wastes Collected at Satellite 

Accumulation Areas

• Clarification of the Satellite Accumulation Provision for Hazardous Waste 

Generators

• Clarification of Section 262.34(a) Accumulation Time for Excess of 55-Gallon 

Limit in Satellite Accumulation Areas

• Generator Satellite Accumulation/Counting Requirements

• Satellite Accumulation Area Regulations

• Regulations That Apply to Generators Who Accumulate Waste in Containers At 

Or Near the Point of Generation

127
Marking and Labeling 

§ 262.34: Accumulation time.

(a)(2) The date upon which each period of accumulation begins is clearly marked and 

visible for inspection on each container; 

(a)(3) While being accumulated on-site, each container and tank is labeled or marked 

clearly with the words, ‘‘Hazardous Waste’’; and... (Note: End of discussion on 

labeling and marking)

Related Resources: 

• Hazardous Waste Container Labeling Requirements

• Start Dates on Large Quantity Generator Tanks

Personnel Training 

§ 265.16: Personnel training. 

(a)(1) Facility personnel must successfully complete a program of classroom instruction 

or on- the-job training that teaches them to perform their duties in a way that ensures the 

facility’s compliance with the requirements of this part. The owner or operator must 

ensure that this program includes all the elements described in the document required 

under paragraph (d)(3) of this section. 

(2) This program must be directed by a person trained in hazardous waste management 

procedures, and must include instruction which teaches facility personnel hazardous 

waste management procedures (including contingency plan implementation) relevant to 

the positions in which they are employed. 

(3) At a minimum, the training program must be designed to ensure that facility 

personnel are able to respond effectively to emergencies by familiarizing them with 

emergency procedures, emergency equipment, and emergency systems, including where 

applicable: 

(i) Procedures for using, inspecting, repairing, and replacing facility emergency and 

monitoring equipment; 

(ii) Key parameters for automatic waste feed cut-off systems; 

(iii) Communications or alarm systems; 

(iv) Response to fires or explosions; 

(v) Response to ground-water contamination incidents; and 

(vi) Shutdown of operations. 

(4) For facility employees that receive emergency response training pursuant to 

Occupational Safety and Health Administration (OSHA) regulations 29 CFR 

1910.120(p)(8) and 1910.120(q), the facility is not required to provide separate 

emergency response training pursuant to this section, provided that the overall facility 

training meets all the requirements of this section. 

(b) Facility personnel must successfully complete the program required in paragraph (a) 

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of this section within six months after the effective date of these regulations or six 

months after the date of their employment or assignment to a facility, or to a new position 

at a facility, whichever is later. Employees hired after the effective date of these 

regulations must not work in unsupervised positions until they have completed the 

training requirements of paragraph (a) of this section. 

(c) Facility personnel must take part in an annual review of the initial training required in 

paragraph (a) of this section. 

(d) The owner or operator must maintain the following documents and records at the 

facility: 

(1) The job title for each position at the facility related to hazardous waste management, 

and the name of the employee filling each job; 

(2) A written job description for each position listed under paragraph (d)(1) of this 

Section. This description may be consistent in its degree of specificity with descriptions 

for other similar positions in the same company location or bargaining unit, but must 

include the requisite skill, education, or other qualifications, and duties of facility 

personnel assigned to each position; 

(3) A written description of the type and amount of both introductory and continuing 

training that will be given to each person filling a position listed under paragraph (d)(1) 

of this section; 

(4) Records that document that the training or job experience required under paragraphs 

(a), (b), and (c) of this section has been given to, and completed by, facility personnel. 

(e) Training records on current personnel must be kept until closure of the facility. 

Training records on former employees must be kept for at least three years from the date 

the employee last worked at the facility. Personnel training records may accompany 

personnel transferred within the same company. 

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 16908, 

Apr. 4, 2006; 71 FR 40274, July 14, 2006] 

Related Resources: 

• Episodic Generators and Personnel Training

• Clarification on the Amount, Type, and Frequency of Training Required for

Personnel Handling Hazardous Waste at Facilities

• Interpretation of the Annual Training Requirements

• Training Employees

• Generator Personnel Training Requirements

• Hazardous Waste Training Under 40 CFR 262.34

• Training and Manifest Signature Requirements for Generators

Recordkeeping and Reporting 

§ 262.40: Recordkeeping. 

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(a) A generator must keep a copy of each manifest signed in accordance with § 262.23(a) 

for three years or until he receives a signed copy from the designated facility which 

received the waste. This signed copy must be retained as a record for at least three years 

from the date the waste was accepted by the initial transporter. 

(b) A generator must keep a copy of each Biennial Report and Exception Report for a 

period of at least three years from the due date of the report. 

(c) A generator must keep records of any test results, waste analyses, or other 

determinations made in accordance with § 262.11 for at least three years from the date 

that the waste was last sent to on-site or off-site treatment, storage, or disposal. 

(d) The periods or retention referred to in this section are extended automatically during 

the course of any unresolved enforcement action regarding the regulated activity or as 

requested by the Administrator. 

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

§ 262.41: Biennial report. 

 (a) A generator who ships any hazardous waste off-site to a treatment, storage or 

disposal facility within the United States must prepare and submit a single copy of a 

Biennial Report to the Regional Administrator by March 1 of each even numbered year. 

The Biennial Report must be submitted on EPA Form 8700–13A, must cover generator 

activities during the previous year, and must include the following information: 

(1) The EPA identification number, name, and address of the generator; 

(2) The calendar year covered by the report; 

(3) The EPA identification number, name, and address for each off-site treatment, 

storage, or disposal facility in the United States to which waste was shipped during the 

year; 

(4) The name and EPA identification number of each transporter used during the 

reporting year for shipments to a treatment, storage or disposal facility within the United 

States; 

(5) A description, EPA hazardous waste number (from 40 CFR part 261, subpart C or D), 

DOT hazard class, and quantity of each hazardous waste shipped off-site for shipments to 

a treatment, storage or disposal facility within the United States. This information must 

be listed by EPA identification number of each such off-site facility to which waste was 

shipped. 

(6) A description of the efforts undertaken during the year to reduce the volume and 

toxicity of waste generated. 

130
(7) A description of the changes in volume and toxicity of waste actually achieved during 

the year in comparison to previous years to the extent such information is available for 

years prior to 1984. 

(8) The certification signed by the generator or authorized representative. 

(b) Any generator who treats, stores, or disposes of hazardous waste on-site must submit 

a biennial report covering those wastes in accordance with the provisions of 40 CFR parts 

270, 264, 265, and 266. Reporting for exports of hazardous waste is not required on the 

Biennial Report form. A separate annual report requirement is set forth at 40 CFR 

262.56. 

[48 FR 3981, Jan. 28, 1983, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 28746, July 

15, 1985; 51 FR 28682, Aug. 8, 1986] 

§ 262.42: Exception reporting. 

 (a)(1) A generator of greater than 1000 kilograms of hazardous waste in a calendar 

month who does not receive a copy of the manifest with the handwritten signature of the 

owner or operator of the designated facility within 35 days of the date the waste was 

accepted by the initial transporter must contact the transporter and/or the owner or 

operator of the designated facility to determine the status of the hazardous waste. 

(2) A generator of greater than 1000 kilograms of hazardous waste in a calendar month 

must submit an Exception Report to the EPA Regional Administrator for the Region in 

which the generator is located if he has not received a copy of the manifest with the 

handwritten signature of the owner or operator of the designated facility within 45 days 

of the date the waste was accepted by the initial transporter. The Exception Report must 

include: 

(i) A legible copy of the manifest for which the generator does not have confirmation of 

delivery; 

(ii) A cover letter signed by the generator or his authorized representative explaining the 

efforts taken to locate the hazardous waste and the results of those efforts. 

(b) A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous 

waste in a calendar month who does not receive a copy of the manifest with the 

handwritten signature of the owner or operator of the designated facility within 60 days 

of the date the waste was accepted by the initial transporter must submit a legible copy of 

the manifest, with some indication that the generator has not received confirmation of 

delivery, to the EPA Regional Administrator for the Region in which the generator is 

located. 

Note: The submission to EPA need only be a handwritten or typed note on the manifest itself, or on an 

attached sheet of paper, stating that the return copy was not received. 

131
[52 FR 35898, Sept. 23, 1987] 

§ 262.43: Additional reporting. 

The Administrator, as he deems necessary under sections 2002(a) and 3002(6) of the Act, 

may require generators to furnish additional reports concerning the quantities and 

disposition of wastes identified or listed in 40 CFR part 261. 

Related Resources: 

• Recordkeeping Requirements for Owners or Operators Assuming Generator

Responsibilities

• Interpretation of 40 CFR 268.7 Requirements

• Amendments to Part 262 Hazardous Waste Determination and Recordkeeping 

Requirements of Part 262 and 268

Preparedness and Prevention 

Subpart C—Preparedness and Prevention 

§ 265.30 Applicability. 

The regulations in this subpart apply to owners and operators of all hazardous waste 

facilities, except as § 265.1 provides otherwise. 

§ 265.31 Maintenance and operation of facility. 

Facilities must be maintained and operated to minimize the possibility of a fire, 

explosion, or any unplanned sudden or non-sudden release of hazardous waste or 

hazardous waste constituents to air, soil, or surface water which could threaten human 

health or the environment. 

§ 265.32 Required equipment. 

All facilities must be equipped with the following, unless none of the hazards posed by 

waste handled at the facility could require a particular kind of equipment specified below: 

(a) An internal communications or alarm system capable of providing immediate 

emergency instruction (voice or signal) to facility personnel; 

(b) A device, such as a telephone (immediately available at the scene of operations) or a 

hand-held two-way radio, capable of summoning emergency assistance from local police 

departments, fire departments, or State or local emergency response teams; 

(c) Portable fire extinguishers, fire control equipment (including special extinguishing 

equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, 

and decontamination equipment; and 

(d) Water at adequate volume and pressure to supply water hose streams, or foam 

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producing equipment, or automatic sprinklers, or water spray systems. 

§ 265.33 Testing and maintenance of equipment. 

All facility communications or alarm systems, fire protection equipment, spill control 

equipment, and decontamination equipment, where required, must be tested and 

maintained as necessary to assure its proper operation in time of emergency. 

§ 265.34 Access to communications or alarm system

 (a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all 

personnel involved in the operation must have immediate access to an internal alarm or 

emergency communication device, either directly or through visual or voice contact with 

another employee, unless such a device is not required under § 265.32. 

(b) If there is ever just one employee on the premises while the facility is operating, he 

must have immediate access to a device, such as a telephone (immediately available at 

the scene of operation) or a hand-held two-way radio, capable of summoning external 

emergency assistance, unless such a device is not required under § 265.32. 

 

 

§ 265.35 Required aisle space 

 

The owner or operator must maintain aisle space to allow the unobstructed movement of 

personnel, fire protection equipment, spill control equipment, and decontamination 

equipment to any area of facility operation in an emergency, unless aisle space is not 

needed for any of these purposes. 

§ 265.36 [Reserved] 

§ 265.37 Arrangements with local authorities 

 

(a) The owner or operator must attempt to make the following arrangements, as 

appropriate for the type of waste handled at his facility and the potential need for the 

services of these organizations: 

(1) Arrangements to familiarize police, fire departments, and emergency response teams 

with the layout of the facility, properties of hazardous waste handled at the facility and 

associated hazards, places where facility personnel would normally be working, entrances 

to roads inside the facility, and possible evacuation routes; 

(2) Where more than one police and fire department might respond to an emergency, 

agreements designating primary emergency authority to a specific police and a specific 

fire department, and agreements with any others to provide support to the primary 

emergency authority; 

(3) Agreements with State emergency response teams, emergency response contractors, 

and equipment suppliers; and 

(4) Arrangements to familiarize local hospitals with the properties of hazardous waste 

handled at the facility and the types of injuries or illnesses which could result from fires, 

133
explosions, or releases at the facility. 

(b) Where State or local authorities decline to enter into such arrangements, the owner or 

operator must document the refusal in the operating record. 

Emergency Procedures and Response 

Subpart D—Contingency Plan and Emergency Procedures 

§ 265.50 Applicability. 

The regulations in this subpart apply to owners and operators of all hazardous waste 

facilities, except as § 265.1 provides otherwise. 

 

§ 265.51 Purpose and implementation of contingency plan. 

(a) Each owner or operator must have a contingency plan for his facility. The 

contingency plan must be designed to minimize hazards to human health or the 

environment from fires, explosions, or any unplanned sudden or non-sudden release of 

hazardous waste or hazardous waste constituents to air, soil, or surface water. 

(b) The provisions of the plan must be carried out immediately whenever there is a fire, 

explosion, or release of hazardous waste or hazardous waste constituents which could 

threaten human health or the environment. 

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] 

§ 265.52 Content of contingency plan. 

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

with §§265.51 and 265.56 in response to fires, explosions, or any unplanned sudden or 

non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or 

surface water at the facility. 

(b) If the owner or operator has already prepared a Spill Prevention, Control, and 

Countermeasures (SPCC) Plan in accordance with Part 112 of this chapter, or Part 1510 

of chapter V, or some other emergency or contingency plan, he need only amend that 

plan to incorporate hazardous waste management provisions that are sufficient to comply 

with the requirements of this Part. The owner or operator may develop one contingency 

plan which meets all regulatory requirements. EPA recommends that the plan be based on 

the National Response Team's Integrated Contingency Plan Guidance (“One Plan”). 

When modifications are made to non-RCRA provisions in an integrated contingency 

plan, the changes do not trigger the need for a RCRA permit modification. 

(c) The plan must describe arrangements agreed to by local police departments, fire 

departments, hospitals, contractors, and State and local emergency response teams to 

coordinate emergency services, pursuant to §265.37. 

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(d) The plan must list names, addresses, and phone numbers (office and home) of all 

persons qualified to act as emergency coordinator (see §265.55), and this list must be 

kept up to date. Where more than one person is listed, one must be named as primary 

emergency coordinator and others must be listed in the order in which they will assume 

responsibility as alternates. 

(e) The plan must include a list of all emergency equipment at the facility (such as fire 

extinguishing systems, spill control equipment, communications and alarm systems 

(internal and external), and decontamination equipment), where this equipment is 

required. This list must be kept up to date. In addition, the plan must include the location 

and a physical description of each item on the list, and a brief outline of its capabilities. 

(f) The plan must include an evacuation plan for facility personnel where there is a 

possibility that evacuation could be necessary. This plan must describe signal(s) to be 

used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases 

where the primary routes could be blocked by releases of hazardous waste or fires). 

[45 FR 33232, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50 FR 4514, 

Jan. 31, 1985; 71 FR 16908, Apr. 4, 2006] 

§ 265.53 Copies of contingency plan. 

A copy of the contingency plan and all revisions to the plan must be: 

(a) Maintained at the facility; and 

(b) Submitted to all local police departments, fire departments, hospitals, and State and 

local emergency response teams that may be called upon to provide emergency services. 

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] 

§ 265.54 Amendment of contingency plan. 

The contingency plan must be reviewed, and immediately amended, if necessary, 

whenever: 

(a) Applicable regulations are revised; 

(b) The plan fails in an emergency; 

(c) The facility changes—in its design, construction, operation, maintenance, or other 

circumstances—in a way that materially increases the potential for fires, explosions, or 

releases of hazardous waste or hazardous waste constituents, or changes the response 

necessary in an emergency; 

(d) The list of emergency coordinators changes; or 

(e) The list of emergency equipment changes. 

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] 

§ 265.55 Emergency coordinator. 

At all times, there must be at least one employee either on the facility premises or on call 

135
(i.e., available to respond to an emergency by reaching the facility within a short period 

of time) with the responsibility for coordinating all emergency response measures. This 

emergency coordinator must be thoroughly familiar with all aspects of the facility’s 

contingency plan, all operations and activities at the facility, the location and 

characteristics of waste handled, the location of all records within the facility, and the 

facility layout. In addition, this person must have the authority to commit the resources 

needed to carry out the contingency plan. 

[ Comment: The emergency coordinator’s responsibilities are more fully spelled out in § 

265.56. Applicable responsibilities for the emergency coordinator vary, depending on 

factors such as type and variety of waste(s) handled by the facility, and type and 

complexity of the facility.] 

§ 265.56 Emergency procedures. 

(a) Whenever there is an imminent or actual emergency situation, the emergency 

coordinator (or his designee when the emergency coordinator is on call) must 

immediately: 

(1) Activate internal facility alarms or communication systems, where applicable, to 

notify all facility personnel; and 

(2) Notify appropriate State or local agencies with designated response roles if their help 

is needed. 

(b) Whenever there is a release, fire, or explosion, the emergency coordinator must 

immediately identify the character, exact source, amount, and areal extent of any released 

materials. He may do this by observation or review of facility records or manifests and, if 

necessary, by chemical analysis. 

(c) Concurrently, the emergency coordinator must assess possible hazards to human 

health or the environment that may result from the release, fire, or explosion. This 

assessment must consider both direct and indirect effects of the release, fire, or explosion 

(e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the 

effects of any hazardous surface water run-offs from water or chemical agents used to 

control fire and heat-induced explosions). 

(d) If the emergency coordinator determines that the facility has had a release, fire, or 

explosion which could threaten human health, or the environment, outside the facility, he 

must report his findings as follows: 

(1) If his assessment indicates that evacuation of local areas may be advisable, he must 

immediately notify appropriate local authorities. He must be available to help appropriate 

officials decide whether local areas should be evacuated; and 

136
(2) He must immediately notify either the government official designated as the on-scene 

coordinator for that geographical area (in the applicable regional contingency plan under 

part 1510 of this title), or the National Response Center (using their 24-hour toll free 

number 800/424–8802). The report must include: 

(i) Name and telephone number of reporter; 

(ii) Name and address of facility; 

(iii) Time and type of incident (e.g., release, fire); 

(iv) Name and quantity of material(s) involved, to the extent known; 

(v) The extent of injuries, if any; and 

(vi) The possible hazards to human health, or the environment, outside the facility. 

(e) During an emergency, the emergency coordinator must take all reasonable measures 

necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to 

other hazardous waste at the facility. These measures must include, where applicable, 

stopping processes and operations, collecting and containing released waste, and 

removing or isolating containers. 

(f) If the facility stops operations in response to a fire, explosion or release, the 

emergency coordinator must monitor for leaks, pressure buildup, gas generation, or 

ruptures in valves, pipes, or other equipment, wherever this is appropriate. 

(g) Immediately after an emergency, the emergency coordinator must provide for 

treating, storing, or disposing of recovered waste, contaminated soil or surface water, or 

any other material that results from a release, fire, or explosion at the facility. 

[Comment: Unless the owner or operator can demonstrate, in accordance with §261.3(c) 

or (d) of this chapter, that the recovered material is not a hazardous waste, the owner or 

operator becomes a generator of hazardous waste and must manage it in accordance with 

all applicable requirements of parts 262, 263, and 265 of this chapter.] 

(h) The emergency coordinator must ensure that, in the affected area(s) of the facility: 

(1) No waste that may be incompatible with the released material is treated, stored, or 

disposed of until cleanup procedures are completed; and 

(2) All emergency equipment listed in the contingency plan is cleaned and fit for its 

intended use before operations are resumed. 

(i) The owner or operator must note in the operating record the time, date, and details of 

any incident that requires implementing the contingency plan. Within 15 days after the 

137
incident, he must submit a written report on the incident to the Regional Administrator. 

The report must include: 

(1) Name, address, and telephone number of the owner or operator; 

(2) Name, address, and telephone number of the facility; 

(3) Date, time, and type of incident (e.g., fire, explosion); 

(4) Name and quantity of material(s) involved; 

(5) The extent of injuries, if any; 

(6) An assessment of actual or potential hazards to human health or the environment, 

where this is applicable; and 

(7) Estimated quantity and disposition of recovered material that resulted from the 

incident. 

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 16908, 

Apr. 4, 2006; 71 FR 40274, July 14, 2006] 

Land Disposal Restrictions 

§ 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 §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 §268.6, with respect to those wastes and units covered by the petition; 

138
(3) Wastes that are hazardous only because they exhibit a hazardous characteristic, and 

which are otherwise prohibited under this part, or part 148 of this chapter, are not 

prohibited if the wastes: 

(i) Are disposed into a nonhazardous or hazardous injection well as defined under 40 

CFR 146.6(a); and 

(ii) Do not exhibit any prohibited characteristic of hazardous waste identified in 40 CFR 

part 261, subpart C at the point of injection. 

(4) Wastes that are hazardous only because they exhibit a hazardous characteristic, and 

which are otherwise prohibited under this part, are not prohibited if the wastes meet any 

of the following criteria, unless the wastes are subject to a specified method of treatment 

other than DEACT in §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 Actequivalent treatment as defined in §268.37(a); and 

(iv) The wastes no longer exhibit a prohibited characteristic at the point of land disposal 

(i.e., placement in a surface impoundment). 

(d) The requirements of this part shall not affect the availability of a waiver under section 

121(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability 

Act of 1980 (CERCLA). 

(e) The following hazardous wastes are not subject to any provision of part 268: 

(1) Waste generated by small quantity generators of less than 100 kilograms of non-acute 

hazardous waste or less than 1 kilogram of acute hazardous waste per month, as defined 

in §261.5 of this chapter; 

(2) Waste pesticides that a farmer disposes of pursuant to §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 

139
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 §273.3 of this chapter; 

(3) Mercury-containing equipment as described in §273.4 of this chapter; and 

(4) Lamps as described in 40 CFR 273.5. 

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 53 FR 27165, 

July 19, 1988; 53 FR 31212, Aug. 17, 1988; 54 FR 36970, Sept. 6, 1989; 55 FR 22686, 

June 1, 1990; 58 FR 29884, May 24, 1993; 59 FR 48043, Sept. 19, 1994; 60 FR 25542, 

May 11, 1995; 61 FR 15663, Apr. 8, 1996; 61 FR 33682, June 28, 1996; 62 FR 26019, 

May 12, 1997; 64 FR 36488, July 6, 1999; 70 FR 45520, Aug. 5, 2005] 

§ 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 carbonhalogen bond which are listed under appendix III to this part. 

(b) Hazardous constituent or constituents means those constituents listed in appendix 

VIII to part 261 of this chapter. 

(c) Land disposal means placement in or on the land, except in a corrective action 

management unit or staging pile, and includes, but is not limited to, placement in a 

landfill, surface impoundment, waste pile, injection well, land treatment facility, salt 

dome formation, salt bed formation, underground mine or cave, or placement in a 

concrete vault, or bunker intended for disposal purposes. 

(d) Nonwastewaters are wastes that do not meet the criteria for wastewaters in paragraph 

(f) of this section. 

140
(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 §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 §268.3. 

(i) Underlying hazardous constituent means any constituent listed in §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 §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 §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 

141
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] 

§ 268.3: Dilution prohibited as a substitute for treatment. 

(a) Except as provided in paragraph (b) of this section, no generator, transporter, handler, 

or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a 

restricted waste or the residual from treatment of a restricted waste as a substitute for 

adequate treatment to achieve compliance with subpart D of this part, to circumvent the 

effective date of a prohibition in subpart C of this part, to otherwise avoid a prohibition in 

subpart C of this part, or to circumvent a land disposal prohibition imposed by RCRA 

section 3004. 

(b) Dilution of wastes that are hazardous only because they exhibit a characteristic in 

treatment systems which include land- based units which treat wastes subsequently 

discharged to a water of the United States pursuant to a permit issued under section 402 

of the Clean Water Act (CWA), or which treat wastes in a CWA-equivalent treatment 

system, or which treat wastes for the purposes of pretreatment requirements under section 

307 of the CWA is not impermissible dilution for purposes of this section unless a 

method other than DEACT has been specified in §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 §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). 

142
(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] 

§ 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 §268.7 or §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 §264.13 or §265.13, must be designed such that representative 

samples of the sludge and the supernatant are tested separately rather than mixed to form 

homogeneous samples. 

(ii) Removal. The following treatment residues (including any liquid waste) must be 

removed at least annually; residues which do not meet the treatment standards 

promulgated under subpart D of this part; residues which do not meet the prohibition 

levels established under subpart C of this part or imposed by statute (where no treatment 

standards have been established); residues which are from the treatment of wastes 

prohibited from land disposal under subpart C of this part (where no treatment standards 

have been established and no prohibition levels apply); or residues from managing listed 

wastes which are not delisted under §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 §§264.13 and 

265.13 of this chapter apply. 

143
(3) The impoundment meets the design requirements of §264.221(c) or §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 §264.221 (d) or (e) of this chapter, or to §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 §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] 

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

144
(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 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. 

145
(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 §268.50(a) do not apply; and 

(2) Such hazardous waste may be disposed in a landfill or surface impoundment only if 

such unit is in compliance with the technical requirements of the following provisions 

regardless of whether such unit is existing, new, or a replacement or lateral expansion. 

(i) The landfill, if in interim status, is in compliance with the requirements of subpart F of 

part 265 and §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 §264.301 (c), (d) and (e) of this chapter; or 

146
(iii) The surface impoundment, if in interim status, is in compliance with the 

requirements of subpart F of part 265, §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 §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 §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 §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] 

§ 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; 

147
(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; 

(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; 

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(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. 

149
The Administrator will determine whether the proposed change invalidates the terms of 

the petition and will determine the appropriate response. Any change must be approved 

by the Administrator prior to being made. 

(2) If the owner or operator discovers that a condition at the site which was modeled or 

predicted in the petition does not occur as predicted, this change must be reported, in 

writing, to the Administrator within 10 days of discovering the change. The 

Administrator will determine whether the reported change from the terms of the petition 

requires further action, which may include termination of waste acceptance and 

revocation of the petition, petition modifications, or other responses. 

(f) If the owner or operator determines that there is migration of hazardous constituent(s) 

from the unit, the owner or operator must: 

(1) Immediately suspend receipt of prohibited waste at the unit, and 

(2) Notify the Administrator, in writing, within 10 days of the determination that a release 

has occurred. 

(3) Following receipt of the notification the Administrator will determine, within 60 days 

of receiving notification, whether the owner or operator can continue to receive 

prohibited waste in the unit and whether the variance is to be revoked. The Administrator 

shall also determine whether further examination of any migration is warranted under 

applicable provisions of part 264 or part 265. 

(g) Each petition must include the following statement signed by the petitioner or an 

authorized representative: 

I certify under penalty of law that I have personally examined and am familiar with the 

information submitted in this petition and all attached documents, and that, based on my 

inquiry of those individuals immediately responsible for obtaining the information, I 

believe that submitted information is true, accurate, and complete. I am aware that there 

are significant penalties for submitting false information, including the possibility of fine 

and imprisonment. 

(h) After receiving a petition, the Administrator may request any additional information 

that reasonably may be required to evaluate the demonstration. 

(i) If approved, the petition will apply to land disposal of the specific restricted waste at 

the individual disposal unit described in the demonstration and will not apply to any other 

restricted waste at that disposal unit, or to that specific restricted waste at any other 

disposal unit. 

(j) The Administrator will give public notice in the Federal Register of the intent to 

approve or deny a petition and provide an opportunity for public comment. The final 

decision on a petition will be published in the Federal Register. 

150
(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] 

§ 268.7: Testing, tracking, and recordkeeping requirements for generators, treaters, 

and disposal facilities. 

(a) Requirements for generators: (1) A generator of hazardous waste must determine if 

the waste has to be treated before it can be land disposed. This is done by determining if 

the hazardous waste meets the treatment standards in §268.40, 268.45, or §268.49. This 

determination can be made concurrently with the hazardous waste determination required 

in §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, Physical/Chemical Methods,” EPA Publication SW–846, (incorporated by 

reference, see §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 RCRApermitted hazardous waste treatment facility, where the waste treatment facility must 

comply with the requirements of §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 §268.40, and are described 

in detail in §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 

151
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 §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 §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 §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 §261.3(f) of this chapter are not subject to 

these requirements. 

152
(4) For reporting, tracking, and recordkeeping when exceptions allow certain wastes or 

contaminated soil that do not meet the treatment standards to be land disposed: There are 

certain exemptions from the requirement that hazardous wastes or contaminated soil meet 

treatment standards before they can be land disposed. These include, but are not limited 

to case-by-case extensions under §268.5, disposal in a no-migration unit under §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 

Required information §268.7 

(a)(2) 

§268.7 

(a)(3) 

§268.7 

(a)(4) 

§268.7 

(a)(9) 

1. EPA Hazardous Waste Numbers and Manifest 

Number of first shipment 

9 9 9 9

2. Statement: this waste is not prohibited from land 

disposal 

9

3. The waste is subject to the LDRs. The 

constituents of concern for F001-F005, and F039, 

and underlying hazardous constituents in 

characteristic wastes, unless the waste will be 

treated and monitored for all constituents. If all 

constituents will be treated and monitored, there is 

no need to put them all on the LDR notice 

9 9

4. The notice must include the applicable 

wastewater/nonwastewater category (see §§ 

268.2(d) and (f)) and subdivisions made within a 

waste code based on waste-specific criteria (such 

as D003 reactive cyanide) 

9 9

5. Waste analysis data (when available) 9 9 9

6. Date the waste is subject to the prohibition 9

7. For hazardous debris, when treating with the 

alternative treatment technologies provided by 

§268.45: the contaminants subject to treatment, as 

described in § 268.45(b); and an indication that 

these contaminants are being treated to comply 

with § 268.45

9 9

8. For contaminated soil subject to LDRs as 

provided in § 268.49(a), the constituents subject to 

treatment as described in § 268.49(d), and the 

following statement: This contaminated soil 

[does/does not] contain listed hazardous waste and 

[does/does not] exhibit a characteristic of 

9 9

153
hazardous waste and [is subject to/complies with] 

the soil treatment standards as provided by § 

268.49(c) or the universal treatment standards 

9. A certification is needed (see applicable section 

for exact wording) 

9 9

(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks, 

containers, or containment buildings regulated under 40 CFR 262.34 to meet applicable 

LDR treatment standards found at §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, §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 §268.7(a)(3). 

(6) If a generator determines that the waste or contaminated soil is restricted based solely 

on his knowledge of the waste, all supporting data used to make this determination must 

be retained on-site in the generator's files. If a generator determines that the waste is 

restricted based on testing this waste or an extract developed using the test method 1311 

in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA 

Publication SW–846, as referenced in §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 

154
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 §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 “§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 §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. 

155
(1) For wastes or contaminated soil with treatment standards expressed in the waste 

extract (TCLP), the owner or operator of the treatment facility must test an extract of the 

treatment residues, using test method 1311 (the Toxicity Characteristic Leaching 

Procedure, described in “Test Methods for Evaluating Solid Waste, Physical/Chemical 

Methods,” EPA Publication SW–846 as incorporated by reference in §260.11 of this 

chapter) to assure that the treatment residues extract meet the applicable treatment 

standards. 

(2) For wastes or contaminated soil with treatment standards expressed as concentrations 

in the waste, the owner or operator of the treatment facility must test the treatment 

residues (not an extract of such residues) to assure that they meet the applicable treatment 

standards. 

(3) A one-time notice must be sent with the initial shipment of waste or contaminated soil 

to the land disposal facility. A copy of the notice must be placed in the treatment facility's 

file. 

(i) No further notification is necessary until such time that the waste or receiving facility 

change, in which case a new notice must be sent and a copy placed in the treatment 

facility's file. 

(ii) The one-time notice must include these requirements: 

Treatment Facility Paperwork Requirements Table 

Required Information §268.7(b) 

1. EPA Hazardous Waste Numbers and Manifest Number of first 

shipment 

9

2. The waste is subject to the LDRs. The constituents of concern for 

F001-F005, and F039, and underlying hazardous constituents in 

characteristic wastes, unless the waste will be treated and monitored 

for all constituents. If all constituents will be treated and monitored, 

there is no need to put them all on the LDR notice 

9

3. The notice must include the applicable wastewater/ nonwastewater 

category (see §§ 268.2(d) and (f)) and subdivisions made within a 

waste code based on waste-specific criteria (such as D003 reactive 

cyanide) 

9

4. Waste analysis data (when available) 9

5. For contaminated soil subject to LDRs as provided in 268.49(a), 

the constituents subject to treatment as described in 268.49(d) and the 

following statement, ``this contaminated soil [does/does not] exhibit a 

characteristic of hazardous waste and [is subject to/complies with] the 

soil treatment standards as provided by 268.49(c)'' 

9

6. A certification is needed (see applicable section for exact wording) 9

156
(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 §261.3(f) of this 

chapter (i.e., debris treated by an extraction or destruction technology provided by Table 

1, §268.45, and debris that the Director has determined does not contain hazardous 

waste), however, is subject to the notification and certification requirements of paragraph 

(d) of this section rather than the certification requirements of this paragraph. 

(iii) For wastes with organic constituents having treatment standards expressed as 

concentration levels, if compliance with the treatment standards is based in whole or in 

part on the analytical detection limit alternative specified in §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 §268.40 (other 

than those expressed as a method of treatment), or §268.49, and that contain underlying 

hazardous constituents as defined in §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 

157
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 

§268.2(i) that are treated on-site to remove the hazardous characteristic to treat 

underlying hazardous constituents to levels in §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 §268.2(i) have been treated on-site to meet the §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 §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 §260.11 of this chapter), to assure that the 

wastes or treatment residues are in compliance with the applicable treatment standards set 

forth in subpart D of this part. Such testing must be performed according to the frequency 

specified in the facility's waste analysis plan as required by §264.13 or §265.13 of this 

chapter. 

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(d) Generators or treaters who first claim that hazardous debris is excluded from the 

definition of hazardous waste under §261.3(f) of this chapter (i.e., debris treated by an 

extraction or destruction technology provided by Table 1, §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 §261.3(f)(1) of this chapter, the technology from Table 1, 

§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 §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 §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, §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 §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 §268.49(a) no longer 

exhibits a characteristic of hazardous waste must: 

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(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 §268.7, see the List of CFR 

Sections Affected, which appears in the Finding Aids section of the printed volume and 

on GPO Access. 

§ 268.8 [Reserved] 

§ 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 §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 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 §268.42, Table 1), the generator must determine the underlying hazardous 

constituents (as defined at §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 §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 

160
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 §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 §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 §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. 

§§ 268.10-268.12 [Reserved] 

§ 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. 

§ 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. 

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(b) Wastes which are newly identified or listed under section 3001 after November 8, 

1984, and stored in a surface impoundment that is newly subject to subtitle C of RCRA 

as a result of the additional identification or listing, may continue to be stored in the 

surface impoundment for 48 months after the promulgation of the additional listing or 

characteristic, 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 §268.4. 

[57 FR 37271, Aug. 18, 1992, as amended at 71 FR 40278, July 14, 2006] 

Subpart C—Prohibitions on Land Disposal 

§ 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 §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 §268.44; 

(4) Hazardous debris has met the treatment standards in §268.40 or the alternative 

treatment standards in §268.45; or 

(5) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §268.5, with respect to these wastes covered by the extension. 

162
(c) To determine whether a hazardous waste identified in this section exceeds the 

applicable treatment standards specified in §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] 

§§ 268.21-268.29 [Reserved] 

§ 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 §268.5(h)(2) of this part. 

(d) The requirements of paragraphs (a) and (b) of this section do not apply if: 

(1) The wastes meet the applicable treatment standards specified in Subpart D of this 

part; 

(2) Persons have been granted an exemption from a prohibition pursuant to a petition 

under §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 §268.44; or 

(4) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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 

163
the applicable Universal Treatment Standard levels of §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] 

§ 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 §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 §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 §268.5, with respect to those wastes covered by the extension. 

[53 FR 31216, Aug. 17, 1988] 

§ 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: 

164
(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 §268.49 for 

contaminated soil; or 

(3) Persons have been granted an exemption from a prohibition pursuant to a petition 

under §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 §268.44. 

[65 FR 81380, Dec. 26, 2000] 

§ 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 §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 §268.44; 

(4) Hazardous debris has met the treatment standards in §268.40 or the alternative 

treatment standards in §268.45; or 

(5) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §268.40, the initial generator must test a 

sample of the waste extract or the entire waste, depending on whether the treatment 

165
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] 

§ 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 §268.5(h) of this part. 

(e) The requirements of paragraphs (a) and (b) of this section do not apply if: 

166
(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 §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 §268.44; or 

(4) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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 §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] 

§ 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 §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 §268.44; 

(4) Hazardous debris that have met treatment standards in §268.40 or in the alternative 

treatment standards in §268.45; or 

167
(5) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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 §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] 

§ 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 §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 §268.44; 

(4) Hazardous debris has met the treatment standards in §268.40 or the alternative 

treatment standards in §268.45; or 

(5) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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] 

168
§ 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 §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. CWAequivalent 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 §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] 

§ 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. 

169
(b) On September 19, 1996, radioactive wastes that are mixed with D018–D043 that are 

managed in systems other than those whose discharge is regulated under the Clean Water 

Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water 

Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment 

before ultimate land disposal, are prohibited from land disposal. CWA-equivalent 

treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate 

precipitation for cyanide, precipitation/ sedimentation for metals, reduction of hexavalent 

chromium, or other treatment technology that can be demonstrated to perform equally or 

greater than these technologies. Radioactive wastes mixed with K141–K145, and K147–

K151 are also prohibited from land disposal. In addition, soil and debris contaminated 

with these radioactive mixed wastes are prohibited from land disposal. 

(c) Between December 19, 1994 and September 19, 1996, the wastes included in 

paragraphs (b) of this section may be disposed in a landfill or surface impoundment, only 

if such unit is in compliance with the requirements specified in §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 §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 §268.44; 

(4) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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] 

§ 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–

170
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 §268.40)). 

(c) On September 21, 1998, the wastes specified in 40 CFR 261.32 as EPA Hazardous 

Waste number K088 are prohibited from land disposal. In addition, soil and debris 

contaminated with these wastes are prohibited from land disposal. 

(d) On April 8, 1998, radioactive wastes mixed with K088, K156–K159, K161, P127, 

P128, P185, P188–P192, P194, P196–P199, P201–P205, U271, U278–U280, U364, 

U367, U372, U373, U387, U389, U394, U395, U404, and U409–U411 are prohibited 

from land disposal. In addition, soil and debris contaminated with these radioactive 

mixed wastes are prohibited from land disposal. 

(e) Between July 8, 1996, and April 8, 1998, the wastes included in paragraphs (a), (c), 

and (d) of this section may be disposed in a landfill or surface impoundment, only if such 

unit is in compliance with the requirements specified in §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 §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 §268.44; 

(4) Persons have been granted an extension to the effective date of a prohibition pursuant 

to §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 §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 

171
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 

§ 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 §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 §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 §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 

172
in the table “Treatment Standards for Hazardous Wastes” in this section, provided the 

following conditions are satisfied: 

(1) The treatment standards for the organic constituents were established based on 

incineration in units operated in accordance with the technical requirements of 40 CFR 

part 264, subpart O, or based on combustion in fuel substitution units operating in 

accordance with applicable technical requirements; 

(2) The treatment or disposal facility has used the methods referenced in paragraph (d)(1) 

of this section to treat the organic constituents; and 

(3) The treatment or disposal facility may demonstrate compliance with organic 

constituents if good-faith analytical efforts achieve detection limits for the regulated 

organic constituents that do not exceed the treatment standards specified in this section 

by an order of magnitude. 

(e) For characteristic wastes (D001–D043) that are subject to treatment standards in the 

following table “Treatment Standards for Hazardous Wastes,” and are not managed in a 

wastewater treatment system that is regulated under the Clean Water Act (CWA), that is 

CWA-equivalent, or that is injected into a Class I nonhazardous deep injection well, all 

underlying hazardous constituents (as defined in §268.2(i)) must meet Universal 

Treatment Standards, found in §268.48, Table Universal Treatment Standards, prior to 

land disposal as defined in §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 §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 §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 §268.42 Table 1, for wastewaters. 

173
(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 retreated 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 §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 §268.42 Table 1 of this Part, for 

wastewaters. 

TABLE: TREATMENT STANDARDS FOR HAZARDOUS WASTE

[59 FR 48046, Sept. 19, 1994] 

Editorial Note: For Federal Register citations affecting §268.40, see the List of CFR 

Sections Affected, which appears in the Finding Aids section of the printed volume and 

on GPO Access. 

§ 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 §268.40. 

[59 FR 48103, Sept. 19, 1994] 

§ 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 §268.40. 

(a) The following wastes in the table in §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. 

174
TABLE: TECHNOLOGY CODES AND DESCRIPTIONS OF TECHNOLOGYBASED STANDARDS.

(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 §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 

§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 

§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 §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] 

175
§ 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 §268.40. 

[59 FR 48103, Sept. 19, 1994] 

§ 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: 

(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 §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. 

176
(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 §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. 

(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: 

177
(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 §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 §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 §268.40, and 

are subject to the following constituent concentrations: 

TABLE: WASTES EXCLUDED FROM TREATMENT STANDARDS

178
[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] 

§ 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 §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 §§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: 

179
(1) Toxicity characteristic debris. The contaminants subject to treatment for debris that 

exhibits the Toxicity Characteristic (TC) by §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 §268.40. 

(3) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide must be 

treated for cyanide. 

(c) Conditioned exclusion of treated debris. Hazardous debris that has been treated using 

one of the specified extraction or destruction technologies in Table 1 of this section and 

that does not exhibit a characteristic of hazardous waste identified under subpart C, part 

261, of this chapter after treatment is not a hazardous waste and need not be managed in a 

subtitle C facility. Hazardous debris contaminated with a listed waste that is treated by an 

immobilization technology specified in Table 1 is a hazardous waste and must be 

managed in a subtitle C facility. 

(d) Treatment residuals—(1) General requirements. Except as provided by paragraphs 

(d)(2) and (d)(4) of this section: 

(i) Residue from the treatment of hazardous debris must be separated from the treated 

debris using simple physical or mechanical means; and 

(ii) Residue from the treatment of hazardous debris is subject to the waste-specific 

treatment standards provided by subpart D of this part for the waste contaminating the 

debris. 

(2) Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or reactive 

characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with 

a contaminant subject to treatment defined by paragraph (b) of this section, must be 

deactivated prior to land disposal and is not subject to the waste-specific treatment 

standards of subpart D of this part. 

(3) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because 

of cyanide must meet the treatment standards for D003 in “Treatment Standards for 

Hazardous Wastes” at §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. 

180
TABLE: ALTERNATIVE TREATMENT STANDARDS FOR HAZARDOUS 

DEBRIS

[57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 63 FR 28738, 

May 26, 1998] 

§ 268.46 Alternative treatment standards based on HTMR. 

For the treatment standards previously found in this section, refer to §268.40. 

[59 FR 48103, Sept. 19, 1994] 

§ 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 §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. 

TABLE: UNIVERSAL TREATMENT STANDARDS

[59 FR 48103, Sept. 19, 1994, as amended by 60 FR 302, Jan. 3, 1995; 61 FR 15654, 

Apr. 8 1996; 61 FR 33690, June 28, 1996; 62 FR 7596, Feb. 19, 1997; 63 FR 24626, May 

4, 1998; 63 FR 28739, May 26, 1998; 63 FR 47417, Sept. 4, 1998; 64 FR 25417, May 11, 

1999; 65 FR 14475, Mar. 17, 2000; 70 FR 34590, June 14, 2005; 70 FR 9178, Feb. 24, 

2005; 71 FR 40279, July 14, 2006] 

§ 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: 

CHART: APPLICABILITY

(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 

181
Universal Treatment Standards may be modified through a treatment variance approved 

in accordance with 40 CFR 268.44. 

(c) Treatment standards for contaminated soils. Prior to land disposal, contaminated soil 

identified by paragraph (a) of this section as needing to comply with LDRs must be 

treated according to all the standards specified in this paragraph or according to the 

Universal Treatment Standards specified in 40 CFR 268.48. 

(1) All soils. Prior to land disposal, all constituents subject to treatment must be treated as 

follows: 

(A) For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment 

must achieve 90 percent reduction in total constituent concentrations, except as provided 

by paragraph (c)(1)(C) of this section. 

(B) For metals and carbon disulfide, cyclohexanone, and methanol, treatment must 

achieve 90 percent reduction in constituent concentrations as measured in leachate from 

the treated media (tested according to the TCLP) or 90 percent reduction in total 

constituent concentrations (when a metal removal treatment technology is used), except 

as provided by paragraph (c)(1)(C)of this section. 

(C) When treatment of any constituent subject to treatment to a 90 percent reduction 

standard would result in a concentration less than 10 times the Universal Treatment 

Standard for that constituent, treatment to achieve constituent concentrations less than 10 

times the universal treatment standard is not required. Universal Treatment Standards are 

identified in 40 CFR 268.48 Table UTS. 

(2) Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition 

to the treatment required by paragraph (c)(1) of this section, prior to land disposal, soils 

that exhibit the characteristic of ignitability, corrosivity, or reactivity must be treated to 

eliminate these characteristics. 

(3) Soils that contain nonanalyzable constituents. In addition to the treatment 

requirements of paragraphs (c)(1) and (2) of this section, prior to land disposal, the 

following treatment is required for soils that contain nonanalyzable constituents: 

(A) For soil that contains only analyzable and nonanalyzable organic constituents, 

treatment of the analyzable organic constituents to the levels specified in paragraphs 

(c)(1) and (2) of this section; or, 

(B) For soil that contains only nonanalyzable constituents, treatment by the method(s) 

specified in §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 §268.48 Table UTS-Universal Treatment Standards that are reasonably expected to be 

182
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 

§ 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 §262.34 and parts 264 and 265 of this chapter. 

(2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores 

such wastes in tanks, containers, or containment buildings solely for the purpose of the 

accumulation of such quantities of hazardous waste as necessary to facilitate proper 

recovery, treatment, or disposal and: 

(i) Each container is clearly marked to identify its contents and the date each period of 

accumulation begins; 

(ii) Each tank is clearly marked with a description of its contents, the quantity of each 

hazardous waste received, and the date each period of accumulation begins, or such 

183
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 §264.73 or §265.73. 

(3) A transporter stores manifested shipments of such wastes at a transfer facility for 10 

days or less. 

(b) An owner/operator of a treatment, storage or disposal facility may store such wastes 

for up to one year unless the Agency can demonstrate that such storage was not solely for 

the purpose of accumulation of such quantities of hazardous waste as are necessary to 

facilitate proper recovery, treatment, or disposal. 

(c) 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 

§268.5, an approved §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 §§268.41, 268.42, and 268.43 or the 

treatment standards specified under the variance in §268.44, or, where treatment 

standards have not been specified, is in compliance with the applicable prohibitions 

specified in §268.32 or RCRA section 3004. 

(f) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at 

concentrations greater than or equal to 50 ppm must be stored at a facility that meets the 

requirements of 40 CFR 761.65(b) and must be removed from storage and treated or 

disposed as required by this part within one year of the date when such wastes are first 

placed into storage. The provisions of paragraph (c) of this section do not apply to such 

PCB wastes prohibited under §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 §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] 

Appendixes I-II to Part 268 [Reserved] 

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Appendix III to Part 268- List of Halogenated Organize Compounds Regulated 

under §268.32

Appendix IV to Part 268—Wastes Excluded From Lab Packs Under the Alternative 

Treatment Standards of §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 VIII to Part 268—LDR Effective Dates of Injected Prohibited Hazardous 

Wastes

Appendix IX to Part 268—Extraction Procedure (EP) Toxicity Test Method and 

Structural Integrity Test (Method 1310B)

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)

Related Resources: 

• Land Disposal Restrictions: Summary of Requirements

• Land Disposal Restrictions

• Land Disposal Restrictions for F001-F005 Solvent Wastes

• Land Disposal Restriction Requirements For Characteristic Wastes

• Land Disposal Restrictions Notification Requirements for Decharacterized Waste

• LDR Notification for Listed and Characteristic Wastes

• Questions Regarding the Land Disposal Restrictions (LDR) Notification

Regulations at 40 CFR 268.7

• Land Disposal Restrictions Notification Requirements for Contaminated Soil

• One-Time Notification Requirement Under §268.7(a)(6)

• Land Disposal Restrictions- Land Disposal Definition, Lab Packs, Conditionally 

Exempt SQG Waste, Empty Containers

 

 

Pre-transport Requirements 

Subpart C—Pre-Transport Requirements 

§ 262.30: Packaging. 

Before transporting hazardous waste or offering hazardous waste for transportation offsite, a generator must package the waste in accordance with the applicable Department of 

Transportation regulations on packaging under 49 CFR parts 173, 178, and 179. 

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§ 262.31: Labeling. 

Before transporting or offering hazardous waste for transportation off- site, a generator 

must label each package in accordance with the applicable Department of Transportation 

regulations on hazardous materials under 49 CFR part 172. 

§ 262.32: Marking. 

(a) Before transporting or offering hazardous waste for transportation off- site, a 

generator must mark each package of hazardous waste in accordance with the applicable 

Department of Transportation regulations on hazardous materials under 49 CFR part 172; 

(b) Before transporting hazardous waste or offering hazardous waste for transportation 

off-site, a generator must mark each container of 119 gallons or less used in such 

transportation with the following words and information in accordance with the 

requirements of 49 CFR 172.304: 

HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact 

the nearest police or public safety authority or the U.S. Environmental Protection 

Agency. Generator’s Name and Address_______. Generator’s EPA Identification 

Number lllll. Manifest Tracking Number _______. 

§ 262.33: Placarding. 

Before transporting hazardous waste or offering hazardous waste for transportation offsite, a generator must placard or offer the initial transporter the appropriate placards 

according to Department of Transportation regulations for hazardous materials under 49 

CFR part 172, subpart F. 

Related Resources: 

• Hazardous Waste Transport Between Contiguous Properties

• Manifest Exemption for Shipments Between Sites on Certain Contiguous 

Properties

• Labeling of Steel Drums Need Not Include Previous Contents

• Hazardous Waste Container Labeling Requirements

Manifest 

Subpart B—The Manifest 

§ 262.20: General requirements. 

(a)(1) A generator who transports, or offers for transport a hazardous waste for offsite 

treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for 

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transport a rejected hazardous waste load, must prepare a Manifest (OMB Control 

number 2050–0039) on EPA Form 8700–22, and, if necessary, EPA Form 8700–22A, 

according to the instructions included in the appendix to this part. 

(2) The revised manifest form and procedures in 40 CFR 260.10, 261.7, 262.20, 262.21, 

262.27, 262.32, 262.34, 262.54, 262.60, and the appendix to part 262, shall not apply 

until September 5, 2006. The manifest form and procedures in 40 CFR 260.10, 261.7, 

262.20, 262.21, 262.32, 262.34, 262.54, 262.60, and the Appendix to part 262, contained 

in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, shall be applicable 

until September 5, 2006. 

* Note to Reader: The regulations found at 262.21 relate to generators, and other entities not even in the 

business of hazardous waste management, who intend to actually print the new manifest form. Generators 

who do not actually print the manifest form should obtain this form from an approved source registered 

with EPA. Please visit http://www.epa.gov/epaoswer/hazwaste/gener/manifest/registry/index.htm and 

mouse-click on the link titled “Approved Registered Printers.” 

§ 262.21: Manifest tracking numbers, manifest printing, and obtaining manifests. 

(a)(1) A registrant may not print, or have printed, the manifest for use or distribution 

unless it has received approval from the EPA Director of the Office of Solid Waste to do 

so under paragraphs (c) and (e) of this section. 

(2) The approved registrant is responsible for ensuring that the organizations identified in 

its application are in compliance with the procedures of its approved application and the 

requirements of this section. The registrant is responsible for assigning manifest tracking 

numbers to its manifests. 

(b) A registrant must submit an initial application to the EPA Director of the Office of 

Solid Waste that contains the following information: 

(1) Name and mailing address of registrant; 

(2) Name, telephone number and email address of contact person; 

(3) Brief description of registrant’s government or business activity; 

(4) EPA identification number of the registrant, if applicable; 

(5) Description of the scope of the operations that the registrant plans to undertake in 

printing, distributing, and using its manifests, including: 

(i) A description of the printing operation. The description should include an explanation 

of whether the registrant intends to print its manifests in-house (i.e., using its own 

printing establishments) or through a separate (i.e., unaffiliated) printing company. If the 

registrant intends to use a separate printing company to print the manifest on its behalf, 

the application must identify this printing company and discuss how the registrant will 

oversee the company. If this includes the use of intermediaries (e.g., prime and 

subcontractor relationships), the role of each must be discussed. The application must 

provide the name and mailing address of each company. It also must provide the name 

and telephone number of the contact person at each company. 

(ii) A description of how the registrant will ensure that its organization and unaffiliated 

companies, if any, comply with the requirements of this section. The application must 

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discuss how the registrant will ensure that a unique manifest tracking number will be preprinted on each manifest. The application must describe the internal control procedures to 

be followed by the registrant and unaffiliated companies to ensure that numbers are 

tightly controlled and remain unique. In particular, the application must describe how the 

registrant will assign manifest tracking numbers to its manifests. If computer systems or 

other infrastructure will be used to maintain, track, or assign numbers, these should be 

indicated. The application must also indicate how the printer will pre-print a unique 

number on each form (e.g., crash or press numbering). The application also must explain 

the other quality procedures to be followed by each establishment and printing company 

to ensure that all required print specifications are consistently achieved and that printing 

violations are identified and corrected at the earliest practicable time. 

(iii) An indication of whether the registrant intends to use the manifests for its own 

business operations or to distribute the manifests to a separate company or to the general 

public (e.g., for purchase). 

(6) A brief description of the qualifications of the company that will print the manifest. 

The registrant may use readily available information to do so (e.g., corporate brochures, 

product samples, customer references, documentation of ISO certification), so long as 

such information pertains to the establishments or company being proposed to print the 

manifest. 

(7) Proposed unique three-letter manifest tracking number suffix. If the registrant is 

approved to print the manifest, the registrant must use this suffix to pre-print a unique 

manifest tracking number on each manifest. 

(8) A signed certification by a duly authorized employee of the registrant that the 

organizations and companies in its application will comply with the procedures of its 

approved application and the requirements of this Section and that it will notify the EPA 

Director of the Office of Solid Waste of any duplicated manifest tracking numbers on 

manifests that have been used or distributed to other parties as soon as this becomes 

known. 

(c) EPA will review the application submitted under paragraph (b) of this section and 

either approve it or request additional information or modification before approving it. 

(d)(1) Upon EPA approval of the application under paragraph (c) of this section, EPA 

will provide the registrant an electronic file of the manifest, continuation sheet, and 

manifest instructions and ask the registrant to submit three fully assembled manifests and 

continuation sheet samples, except as noted in paragraph (d)(3) of this section. The 

registrant’s samples must meet all of the specifications in paragraph (f) of this section and 

be printed by the company that will print the manifest as identified in the application 

approved under paragraph (c) of this section. 

(2) The registrant must submit a description of the manifest samples as follows: 

(i) Paper type (i.e., manufacturer and grade of the manifest paper); 

(ii) Paper weight of each copy; 

(iii) Ink color of the manifest’s instructions. If screening of the ink was used, the 

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registrant must indicate the extent of the screening; and 

(iv) Method of binding the copies. 

(3) The registrant need not submit samples of the continuation sheet if it will print its 

continuation sheet using the same paper type, paper weight of each copy, ink color of the 

instructions, and binding method as its manifest form samples. 

(e) EPA will evaluate the forms and either approve the registrant to print them as 

proposed or request additional information or modification to them before approval. EPA 

will notify the registrant of its decision by mail. The registrant cannot use or distribute its 

forms until EPA approves them. An approved registrant must print the manifest and 

continuation sheet according to its application approved under paragraph (c) of this 

section and the manifest specifications in paragraph (f) of this section. It also must print 

the forms according to the paper type, paper weight, ink color of the manifest instructions 

and binding method of its approved forms. 

(f) Paper manifests and continuation sheets must be printed according to the following 

specifications: 

(1) The manifest and continuation sheet must be printed with the exact format and 

appearance as EPA Forms 8700–22 and 8700–22A, respectively. However, information 

required to complete the manifest may be pre-printed on the manifest form. 

(2) A unique manifest tracking number assigned in accordance with a numbering system 

approved by EPA must be pre-printed in Item 4 of the manifest. The tracking number 

must consist of a unique three-letter suffix following nine digits. 

(3) The manifest and continuation sheet must be printed on 8 1⁄2 x 11-inch white paper, 

excluding common stubs (e.g., top- or side-bound stubs). The paper must be durable 

enough to withstand normal use. 

(4) The manifest and continuation sheet must be printed in black ink that can be legibly 

photocopied, scanned, and faxed, except that the marginal words indicating copy 

distribution must be in red ink. 

(5) The manifest and continuation sheet must be printed as six-copy forms. Copy-tocopy registration must be exact within 1.32nd of an inch. Handwritten and typed 

impressions on the form must be legible on all six copies. Copies must be bound together 

by one or more common stubs that reasonably ensure that they will not become detached 

inadvertently during normal use. 

(6) Each copy of the manifest and continuation sheet must indicate how the copy must be 

distributed, as follows: 

(i) Page 1 (top copy): ‘‘Designated facility to destination State (if required)’’. 

(ii) Page 2: ‘‘Designated facility to generator State (if required)’’. 

(iii) Page 3: ‘‘Designated facility to generator’’. 

(iv) Page 4: ‘‘Designated facility’s copy’’. 

(v) Page 5: ‘‘Transporter’s copy’’. 

(vi) Page 6 (bottom copy): ‘‘Generator’s initial copy’’. 

(7) The instructions in the appendix to 40 CFR part 262 must appear legibly on the back 

of the copies of the manifest and continuation sheet as provided in this paragraph (f). The 

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instructions must not be visible through the front of the copies when photocopied or 

faxed. 

(i) Manifest Form 8700–22. 

(A) The ‘‘Instructions for Generators’’ on Copy 6; 

(B) The ‘‘Instructions for International Shipment Block’’ and ‘‘Instructions for 

Transporters’’ on Copy 5; and (C) The ‘‘Instructions for Treatment, Storage, and 

Disposal Facilities’’ on Copy 4. 

(ii) Manifest Form 8700–22A. 

(A) The ‘‘Instructions for Generators’’ on Copy 6; 

(B) The ‘‘Instructions for Transporters’’ on Copy 5; and 

(C) The ‘‘Instructions for Treatment, Storage, and Disposal Facilities’’ on Copy 4. 

(g)(1) A generator may use manifests printed by any source so long as the source of the 

printed form has received approval from EPA to print the manifest under paragraphs (c) 

and (e) of this section. A registered source may be a: 

(i) State agency; 

(ii) Commercial printer; 

(iii) Hazardous waste generator, transporter or TSDF; or 

(iv) Hazardous waste broker or other preparer who prepares or arranges shipments of 

hazardous waste for transportation. 

(2) A generator must determine whether the generator state or the consignment state for a 

shipment regulates any additional wastes (beyond those regulated Federally) as hazardous 

wastes under these states’ authorized programs. Generators also must determine whether 

the consignment state or generator state requires the generator to submit any copies of the 

manifest to these states. In cases where the generator must supply copies to either the 

generator’s state or the consignment state, the generator is responsible for supplying 

legible photocopies of the manifest to these states. 

(h)(1) If an approved registrant would like to update any of the information provided in 

its application approved under paragraph (c) of this section (e.g., to update a company 

phone number or name of contact person), the registrant must revise the application and 

submit it to the EPA Director of the Office of Solid Waste, along with an indication or 

explanation of the update, as soon as practicable after the change occurs. The Agency 

either will approve or deny the revision. If the Agency denies the revision, it will explain 

the reasons for the denial, and it will contact the registrant and request further 

modification before approval. 

(2) If the registrant would like a new tracking number suffix, the registrant must submit a 

proposed suffix to the EPA Director of the Office of Solid Waste, along with the reason 

for requesting it. The Agency will either approve the suffix or deny the suffix and provide 

an explanation why it is not acceptable. 

(3) If a registrant would like to change the paper type, paper weight, ink color of the 

manifest instructions, or binding method of its manifest or continuation sheet subsequent 

to approval under paragraph (e) of this section, then the registrant must submit three 

samples of the revised form for EPA review and approval. If the approved registrant 

would like to use a new printer, the registrant must submit three manifest samples printed 

190
by the new printer, along with a brief description of the printer’s qualifications to print 

the manifest. EPA will evaluate the manifests and either approve the registrant to print 

the forms as proposed or request additional information or modification to them before 

approval. EPA will notify the registrant of its decision by mail. The registrant cannot use 

or distribute its revised forms until EPA approves them. 

(i) If, subsequent to its approval under paragraph (e) of this section, a registrant typesets 

its manifest or continuation sheet instead of using the electronic file of the forms 

provided by EPA, it must submit three samples of the manifest or continuation sheet to 

the registry for approval. EPA will evaluate the manifests or continuation sheets and 

either approve the registrant to print them as proposed or request additional information 

or modification to them before approval. EPA will notify the registrant of its decision by 

mail. The registrant cannot use or distribute its typeset forms until EPA approves them. 

(j) EPA may exempt a registrant from the requirement to submit form samples under 

paragraph (d) or (h)(3) of this section if the Agency is persuaded that a separate review of 

the registrant’s forms would serve little purpose in informing an approval decision (e.g., a 

registrant certifies that it will print the manifest using the same paper type, paper weight, 

ink color of the instructions and binding method of the form samples approved for some 

other registrant). A registrant may request an exemption from EPA by indicating why an 

exemption is warranted. 

(k) An approved registrant must notify EPA by phone or email as soon as it becomes 

aware that it has duplicated tracking numbers on any manifests that have been used or 

distributed to other parties. 

(l) If, subsequent to approval of a registrant under paragraph (e) of this section, EPA 

becomes aware that the approved paper type, paper weight, ink color of the instructions, 

or binding method of the registrant’s form is unsatisfactory, EPA will contact the 

registrant and require modifications to the form. 

(m)(1) EPA may suspend and, if necessary, revoke printing privileges if we find that the 

registrant: (i) Has used or distributed forms that deviate from its approved form samples 

in regard to paper weight, paper type, ink color of the instructions, or binding method; or 

(ii) Exhibits a continuing pattern of behavior in using or distributing manifests that 

contain duplicate manifest tracking numbers. 

(2) EPA will send a warning letter to the registrant that specifies the date by which it 

must come into compliance with the requirements. If the registrant does not come in 

compliance by the specified date, EPA will send a second letter notifying the registrant 

that EPA has suspended or revoked its printing privileges. An approved registrant must 

provide information on its printing activities to EPA if requested. 

§ 262.22: Number of copies. 

The manifest consists of at least the number of copies which will provide the generator, 

each transporter, and the owner or operator of the designated facility with one copy each 

for their records and another copy to be returned to the generator. 

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§ 262.23: Use of the manifest. 

(a) The generator must: (1) Sign the manifest certification by hand; and (2) Obtain the 

handwritten signature of the initial transporter and date of acceptance on the manifest; 

and (3) Retain one copy, in accordance with § 262.40(a). 

(b) The generator must give the transporter the remaining copies of the manifest. 

(c) For shipments of hazardous waste within the United States solely by water (bulk 

shipments only), the generator must send three copies of the manifest dated and signed in 

accordance with this section to the owner or operator of the designated facility or the last 

water (bulk shipment) transporter to handle the waste in the United States if exported by 

water. Copies of the manifest are not required for each transporter. 

(d) For rail shipments of hazardous waste within the United States which originate at the 

site of generation, the generator must send at least three copies of the manifest dated and 

signed in accordance with this section to: (1) The next non-rail transporter, if any; or (2) 

The designated facility if transported solely by rail; or (3) The last rail transporter to 

handle the waste in the United States if exported by rail. 

(e) For shipments of hazardous waste to a designated facility in an authorized State which 

has not yet obtained authorization to regulate that particular waste as hazardous, the 

generator must assure that the designated facility agrees to sign and return the manifest to 

the generator, and that any out-of-state transporter signs and forwards the manifest to the 

designated facility. 

NOTE: See § 263.20(e) and (f) for special provisions for rail or water (bulk shipment) 

transporters. [45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 

55 FR 2354, Jan. 23, 1990] 

§ 262.27: Waste minimization certification. 

A generator who initiates a shipment of hazardous waste must certify to one of the 

following statements in Item 15 of the uniform hazardous waste manifest: (a) ‘‘I am a 

large quantity generator. I have a program in place to reduce the volume and toxicity of 

waste generated to the degree I have determined to be economically practicable and I 

have selected the practicable method of treatment, storage, or disposal currently available 

to me which minimizes the present and future threat to human health and the 

environment;’’ or (b) ‘‘I am a small quantity generator. I have made a good faith effort to 

minimize my waste generation and select the best waste management method that is 

available to me and that I can afford.’’ [70 FR 10817, Mar. 4, 2005] EFFECTIVE DATE 

NOTE: At 70 FR 10817, Mar. 4, 2005, subpart B was amended by adding new § 262.27, 

effective Sept. 6, 2005. 

Related Resources: 

192
• Instructions for Completing the Hazardous Waste Manifest

• Environmental Fact Sheet: Hazardous Waste Manifest System Streamlined

• Instructions for Preparing Application Materials for Submittal to EPA’s Manifest 

Registry

• Federal Policy on Several Issues Related to the Use of the Hazardous Waste

Manifest by Hazardous Waste Transporters

• Off-Site Shipments of Hazardous Waste to Designated Facilities

• Use of the Hazardous Waste Manifest for Import Shipments of Maquiladora

Hazardous Wastes

• DOT Manifest Requirements

• Uniform Manifest Form, Use of Continuation Sheet

• Manifesting Requirements

• Date of Shipment Determines Time Period for Exemption Reporting 

• The Hazardous Waste Manifest System

Exports 

Subpart E - Exports of Hazardous Waste 

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

 

§262.50: Applicability. 

 This subpart establishes requirements applicable to exports of hazardous waste. Except 

to the extent Sec. 262.58 provides otherwise, a primary exporter of hazardous waste must 

comply with the special requirements of this subpart and a transporter transporting 

hazardous waste for export must comply with applicable requirements of part 263. 

Section 262.58 sets forth the requirements of international agreements between the 

United States and receiving countries which establish different notice, export, and 

enforcement procedures for the transportation, treatment, storage and disposal of 

hazardous waste for shipments between the United States and those countries. 

§262.51: Definitions. 

 In addition to the definitions set forth at 40 CFR 260.10, the following definitions 

apply to this subpart: 

 Consignee means the ultimate treatment, storage or disposal facility in a receiving 

country to which the hazardous waste will be sent. 

 EPA Acknowledgement of Consent means the cable sent to EPA from the U.S. 

Embassy in a receiving country that acknowledges the written consent of the receiving 

country to accept the hazardous waste and describes the terms and conditions of the 

receiving country's consent to the shipment. 

 Primary Exporter means any person who is required to originate the manifest for a 

shipment of hazardous waste in accordance with 40 CFR part 262, subpart B, or 

193
equivalent State provision, which specifies a treatment, storage, or disposal facility in a 

receiving country as the facility to which the hazardous waste will be sent and any 

intermediary arranging for the export. 

 Receiving country means a foreign country to which a hazardous waste is sent for the 

purpose of treatment, storage or disposal (except short-term storage incidental to 

transportation). 

 Transit country means any foreign country, other than a receiving country, through 

which a hazardous waste is transported. 

[53 FR 27164, July 19, 1988] 

§262.52: General requirements. 

 Exports of hazardous waste are prohibited except in compliance with the applicable 

requirements of this subpart and part 263. Exports of hazardous waste are prohibited 

unless: 

 (a) Notification in accordance with Sec. 262.53 has been provided; 

 (b) The receiving country has consented to accept the hazardous waste; 

 (c) A copy of the EPA Acknowledgment of Consent to the shipment accompanies the 

hazardous waste shipment and, unless exported by rail, is attached to the manifest (or 

shipping paper for exports by water (bulk shipment)). 

 (d) The hazardous waste shipment conforms to the terms of the receiving country's 

written consent as reflected in the EPA Acknowledgment of Consent. 

§262.53: Notification of intent to export. 

 (a) A primary exporter of hazardous waste must notify EPA of an intended export 

before such waste is scheduled to leave the United States. A complete notification should 

be submitted sixty (60) days before the initial shipment is intended to be shipped off site. 

This notification may cover export activities extending over a twelve (12) month or lesser 

period. The notification must be in writing, signed by the primary exporter, and include 

the following information: 

 (1) Name, mailing address, telephone number and EPA ID number of the primary 

exporter; 

 (2) By consignee, for each hazardous waste type: 

 (i) A description of the hazardous waste and the EPA hazardous waste number (from 

40 CFR part 261, subparts C and D), U.S. DOT proper shipping name, hazard class and 

ID number (UN/NA) for each hazardous waste as identified in 49 CFR parts 171 through 

177; 

 (ii) The estimated frequency or rate at which such waste is to be exported and the 

period of time over which such waste is to be exported. 

 (iii) The estimated total quantity of the hazardous waste in units as specified in the 

instructions to the Uniform Hazardous Waste Manifest Form (8700-22); 

 (iv) All points of entry to and departure from each foreign country through which the 

hazardous waste will pass; 

194
 (v) A description of the means by which each shipment of the hazardous waste will be 

transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) 

of container (drums, boxes, tanks, etc.)); 

 (vi) A description of the manner in which the hazardous waste will be treated, stored or 

disposed of in the receiving country (e.g., land or ocean incineration, other land disposal, 

ocean dumping, recycling); 

 (vii) The name and site address of the consignee and any alternate consignee; and 

 (viii) The name of any transit countries through which the hazardous waste will be sent 

and a description of the approximate length of time the hazardous waste will remain in 

such country and the nature of its handling while there; 

 (b) Notifications submitted by mail should be sent to the following mailing address: 

Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement 

Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, 

1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered notifications 

should be sent to: Office of Enforcement and Compliance Assurance, Office of 

Compliance, Enforcement Planning, Targeting, and Data Division (2222A), 

Environmental Protection Agency, Ariel Rios Bldg., 12th St. and Pennsylvania Ave., 

NW., Washington, DC. In both cases, the following shall be prominently displayed on the 

front of the envelope: ``Attention: Notification of Intent to Export.'' 

 (c) Except for changes to the telephone number in paragraph (a)(1) of this section, 

changes to paragraph (a)(2)(v) of this section and decreases in the quantity indicated 

pursuant to paragraph (a)(2)(iii) of this section when the conditions specified on the 

original notification change (including any exceedance of the estimate of the quantity of 

hazardous waste specified in the original notification), the primary exporter must provide 

EPA with a written renotification of the change. The shipment cannot take place until 

consent of the receiving country to the changes (except for changes to paragraph 

(a)(2)(viii) of this section and in the ports of entry to and departure from transit countries 

pursuant to paragraph (a)(2)(iv) of this section) has been obtained and the primary 

exporter receives an EPA Acknowledgment of Consent reflecting the receiving country's 

consent to the changes. 

 (d) Upon request by EPA, a primary exporter shall furnish to EPA any additional 

information which a receiving country requests in order to respond to a notification. 

 (e) In conjunction with the Department of State, EPA will provide a complete 

notification to the receiving country and any transit countries. A notification is complete 

when EPA receives a notification which EPA determines satisfies the requirements of 

paragraph (a) of this section. Where a claim of confidentiality is asserted with respect to 

any notification information required by paragraph (a) of this section, EPA may find the 

notification not complete until any such claim is resolved in accordance with 40 CFR 

260.2. 

 (f) Where the receiving country consents to the receipt of the hazardous waste, EPA 

will forward an EPA Acknowledgment of Consent to the primary exporter for purposes 

of Sec. 262.54(h). Where the receiving country objects to receipt of the hazardous waste 

or withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will 

also notify the primary exporter of any responses from transit countries. 

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[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61 

FR 16309, Apr. 12, 1996] 

§262.54: Special manifest requirements. 

 A primary exporter must comply with the manifest requirements of 40 CFR 262.20

through 262.23 except that: 

 (a) In lieu of the name, site address and EPA ID number of the designated permitted 

facility, the primary exporter must enter the name and site address of the consignee; 

 (b) In lieu of the name, site address and EPA ID number of a permitted alternate 

facility, the primary exporter may enter the name and site address of any alternate 

consignee. 

 (c) In the International Shipments block, the primary exporter must check the export 

box and enter the point of exit (city and State) from the United States. 

 (d) The following statement must be added to the end of the first sentence of the 

certification set forth in Item 16 of the Uniform Hazardous Waste Manifest Form: ``and 

conforms to the terms of the attached EPA Acknowledgment of Consent''; 

 (e) The primary exporter may obtain the manifest from any source that is registered 

with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or 

commercial forms printers). 

 (f) The primary exporter must require the consignee to confirm in writing the delivery 

of the hazardous waste to that facility and to describe any significant discrepancies (as 

defined in 40 CFR 264.72(a)) between the manifest and the shipment. A copy of the 

manifest signed by such facility may be used to confirm delivery of the hazardous waste. 

 (g) In lieu of the requirements of Sec. 262.20(d), where a shipment cannot be delivered 

for any reason to the designated or alternate consignee, the primary exporter must: 

 (1) Renotify EPA of a change in the conditions of the original notification to allow 

shipment to a new consignee in accordance with Sec. 262.53(c) and obtain an EPA 

Acknowledgment of Consent prior to delivery; or 

 (2) Instruct the transporter to return the waste to the primary exporter in the United 

States or designate another facility within the United States; and 

 (3) Instruct the transporter to revise the manifest in accordance with the primary 

exporter's instructions. 

 (h) The primary exporter must attach a copy of the EPA Acknowledgment of Consent 

to the shipment to the manifest which must accompany the hazardous waste shipment. 

For exports by rail or water (bulk shipment), the primary exporter must provide the 

transporter with an EPA Acknowledgment of Consent which must accompany the 

hazardous waste but which need not be attached to the manifest except that for exports by 

water (bulk shipment) the primary exporter must attach the copy of the EPA 

Acknowledgment of Consent to the shipping paper. 

 (i) The primary exporter shall provide the transporter with an additional copy of the 

manifest for delivery to the U.S. Customs official at the point the hazardous waste leaves 

the United States in accordance with Sec. 263.20(g)(4). 

§262.55: Exception reports. 

196
 In lieu of the requirements of Sec. 262.42, a primary exporter must file an exception 

report with the Administrator if: 

 (a) He has not received a copy of the manifest signed by the transporter stating the date 

and place of departure from the United States within forty-five (45) days from the date it 

was accepted by the initial transporter; 

 (b) Within ninety (90) days from the date the waste was accepted by the initial 

transporter, the primary exporter has not received written confirmation from the 

consignee that the hazardous waste was received; 

 (c) The waste is returned to the United States. 

§262.56: Annual reports. 

 (a) Primary exporters of hazardous waste shall file with the Administrator no later than 

March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate 

destination of all hazardous waste exported during the previous calendar year. Such 

reports shall include the following: 

 (1) The EPA identification number, name, and mailing and site address of the exporter; 

 (2) The calendar year covered by the report; 

 (3) The name and site address of each consignee; 

 (4) By consignee, for each hazardous waste exported, a description of the hazardous 

waste, the EPA hazardous waste number (from 40 CFR part 261, subpart C or D), DOT 

hazard class, the name and US EPA ID number (where applicable) for each transporter 

used, the total amount of waste shipped and number of shipments pursuant to each 

notification; 

 (5) Except for hazardous waste produced by exporters of greater than 100 kg but less 

than 1000 kg in a calendar month, unless provided pursuant to Sec. 262.41, in even 

numbered years: 

 (i) A description of the efforts undertaken during the year to reduce the volume and 

toxicity of waste generated; and 

 (ii) A description of the changes in volume and toxicity of waste actually achieved 

during the year in comparison to previous years to the extent such information is 

available for years prior to 1984. 

 (6) A certification signed by the primary exporter which states: I certify under 

penalty of law that I have personally examined and am familiar with the information 

submitted in this and all attached documents, and that based on my inquiry of those 

individuals immediately responsible for obtaining the information, I believe that the 

submitted information is true, accurate, and complete. I am aware that there are 

significant penalties for submitting false information including the possibility of fine and 

imprisonment. 

 (b) Annual reports submitted by mail should be sent to the following mailing address: 

Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement 

Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, 

1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered reports should be 

sent to: Office of Enforcement and Compliance Assurance, Office of Compliance, 

Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection 

Agency, Ariel Rios Bldg., 12th St. and Pennsylvania Ave., NW., Washington, DC. 

197
[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61 

FR 16309, Apr. 12, 1996] 

§262.57: Recordkeeping. 

 (a) For all exports a primary exporter must: 

 (1) Keep a copy of each notification of intent to export for a period of at least three 

years from the date the hazardous waste was accepted by the initial transporter; 

 (2) Keep a copy of each EPA Acknowledgment of Consent for a period of at least three 

years from the date the hazardous waste was accepted by the initial transporter; 

 (3) Keep a copy of each confirmation of delivery of the hazardous waste from the 

consignee for at least three years from the date the hazardous waste was accepted by the 

initial transporter; and 

 (4) Keep a copy of each annual report for a period of at least three years from the due 

date of the report. 

 (b) The periods of retention referred to in this section are extended automatically 

during the course of any unresolved enforcement action regarding the regulated activity 

or as requested by the Administrator. 

§262.58: International agreements. 

 (a) Any person who exports or imports hazardous waste subject to Federal manifest 

requirements of Part 262, or subject to the universal waste management standards of 40 

CFR Part 273, or subject to State requirements analogous to 40 CFR Part 273, to or from 

designated member countries of the Organization for Economic Cooperation and 

Development (OECD) as defined in paragraph (a)(1) of this section for purposes of 

recovery is subject to Subpart H of this part. The requirements of Subparts E and F do not 

apply. 

 (1) For the purposes of this Subpart, the designated OECD countries consist of 

Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, 

Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, 

Sweden, Switzerland, Turkey, United Kingdom, and the United States. 

 (2) For the purposes of this Subpart, Canada and Mexico are considered OECD 

member countries only for the purpose of transit. 

 (b) Any person who exports hazardous waste to or imports hazardous waste from: a 

designated OECD member country for purposes other than recovery (e.g., incineration, 

disposal), Mexico (for any purpose), or Canada (for any purpose) remains subject to the 

requirements of subparts E and F of this part. 

[61 FR 16310, Apr. 12, 1996] 

Related Resources: 

• Applicability of Transporter Requirements to Hazardous Waste Imports and Exports

• Generator as Primary Exporter

198
• Facts on Hazardous Waste Exports

• Broker as Intermediary Arranging for Export

• Tolling Agreements and Exports

• Export Requirements for Transportation Through Transit Countries

• Notification Requirements for Exported Wastes

• Exportation of Hazardous Waste

• Land Disposal Restrictions Applied to Exported Wastes

• Exporters of Hazardous Waste to Mexico, Responsibilities of

• Hazardous and Municipal Waste Imports and Exports Between the U.S. and Canada

________________________________________________________________________

Imports 

Subpart F - Imports of Hazardous Waste 

 

§262.60: Imports of hazardous waste. 

 (a) Any person who imports hazardous waste from a foreign country into the United 

States must comply with the requirements of this part and the special requirements of this 

subpart. 

 (b) When importing hazardous waste, a person must meet all the requirements of Sec. 

262.20(a) for the manifest except that: 

 (1) In place of the generator's name, address and EPA identification number, the name 

and address of the foreign generator and the importer's name, address and EPA 

identification number must be used. 

 (2) In place of the generator's signature on the certification statement, the U.S. 

importer or his agent must sign and date the certification and obtain the signature of the 

initial transporter. 

 (c) A person who imports hazardous waste may obtain the manifest form from any 

source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste 

handlers, and/or commercial forms printers). 

 (d) In the International Shipments block, the importer must check the import box and 

enter the point of entry (city and State) into the United States. 

 (e) The importer must provide the transporter with an additional copy of the manifest 

to be submitted by the receiving facility to U.S. EPA in accordance with Sec. 

264.71(a)(3) and Sec. 265.71(a)(3) of this chapter. 

[51 FR 28685, Aug. 8, 1986] 

Related Resources: 

• Hazardous and Municipal Waste Imports and Exports Between the U.S. and

Canada

• RCRA Hazardous Waste Import Requirements

• Concerns About Importing of Toxic Waste

• Accumulation Time for Hazardous Waste Importers

199
Transfrontier Shipments of Hazardous Waste for Recovery within the OECD 

Subpart H -Transfrontier Shipments of Hazardous Waste for Recovery within 

the OECD 

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

 

§262.80: Applicability. 

 (a) The requirements of this subpart apply to imports and exports of wastes that are 

considered hazardous under U.S. national procedures and are destined for recovery 

operations in the countries listed in Sec. 262.58(a)(1). A waste is considered hazardous 

under U.S. national procedures if it meets the Federal definition of hazardous waste in 40 

CFR 261.3 and it is subject to either the Federal manifesting requirements at 40 CFR Part 

262, Subpart B, to the universal waste management standards of 40 CFR Part 273, or to 

State requirements analogous to 40 CFR Part 273. 

 (b) Any person (notifier, consignee, or recovery facility operator) who mixes two or 

more wastes (including hazardous and non-hazardous wastes) or otherwise subjects two 

or more wastes (including hazardous and non-hazardous wastes) to physical or chemical 

transformation operations, and thereby creates a new hazardous waste, becomes a 

generator and assumes all subsequent generator duties under RCRA and any notifier 

duties, if applicable, under this subpart. 

§262.81: Definitions. 

 The following definitions apply to this subpart. 

 (a) Competent authorities means the regulatory authorities of concerned countries 

having jurisdiction over transfrontier movements of wastes destined for recovery 

operations. 

 (b) Concerned countries means the exporting and importing OECD member countries 

and any OECD member countries of transit. 

 (c) Consignee means the person to whom possession or other form of legal control of 

the waste is assigned at the time the waste is received in the importing country. 

 (d) Country of transit means any designated OECD country in Sec. 262.58(a)(1) and 

(a)(2) other than the exporting or importing country across which a transfrontier 

movement of wastes is planned or takes place. 

 (e) Exporting country means any designated OECD member country in Sec. 

262.58(a)(1) from which a transfrontier movement of wastes is planned or has 

commenced. 

 (f) Importing country means any designated OECD country in Sec. 262.58(a)(1) to 

which a transfrontier movement of wastes is planned or takes place for the purpose of 

submitting the wastes to recovery operations therein. 

 (g) Notifier means the person under the jurisdiction of the exporting country who has, 

or will have at the time the planned transfrontier movement commences, possession or 

200
other forms of legal control of the wastes and who proposes their transfrontier movement 

for the ultimate purpose of submitting them to recovery operations. When the United 

States (U.S.) is the exporting country, notifier is interpreted to mean a person domiciled 

in the U.S. 

 (h) OECD area means all land or marine areas under the national jurisdiction of any 

designated OECD member country in Sec. 262.58. When the regulations refer to 

shipments to or from an OECD country, this means OECD area. 

 (i) Recognized trader means a person who, with appropriate authorization of concerned 

countries, acts in the role of principal to purchase and subsequently sell wastes; this 

person has legal control of such wastes from time of purchase to time of sale; such a 

person may act to arrange and facilitate transfrontier movements of wastes destined for 

recovery operations. 

 (j) Recovery facility means an entity which, under applicable domestic law, is 

operating or is authorized to operate in the importing country to receive wastes and to 

perform recovery operations on them. 

(k) Recovery operations means activities leading to resource recovery, recycling, 

reclamation, direct re-use or alternative uses as listed in Table 2.B of the Annex of OECD 

Council Decision C(88)90(Final) of 27 May 1988, (available from the Environmental 

Protection Agency, RCRA Docket, EPA/DC, EPA West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC 20460 (Docket # F–94–IEHF-FFFFF) and the Organisation 

for Economic Co-operation and Development, Environment Direcorate, 2 rue Andre 

Pascal, 75775 Paris Cedex 16, France) which include: 

R1 Use as a fuel (other than in direct incineration) or other means to generate energy 

R2 Solvent reclamation/regeneration 

R3 Recycling/reclamation of organic substances which are not used as solvents 

R4 Recycling/reclamation of metals and metal compounds 

R5 Recycling/reclamation of other inorganic materials 

R6 Regeneration of acids or bases 

R7 Recovery of components used for pollution control 

R8 Recovery of components from catalysts 

R9 Used oil re-refining or other reuses of previously used oil 

R10 Land treatment resulting in benefit to agriculture or ecological improvement 

R11 Uses of residual materials obtained from any of the operations numbered R1-R10 

R12 Exchange of wastes for submission to any of the operations numbered R1-R11 

6R13 Accumulation of material intended for any operation in Table 2.B 

 (l) Transfrontier movement means any shipment of wastes destined for recovery 

operations from an area under the national jurisdiction of one OECD member country to 

an area under the national jurisdiction of another OECD member country. 

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

§262.82: General conditions. 

201
 (a) Scope. The level of control for exports and imports of waste is indicated by 

assignment of the waste to a green, amber, or red list and by U.S. national procedures as 

defined in Sec. 262.80(a). The green, amber, and red lists are incorporated by reference in 

Sec. 262.89 (e). 

 (1) Wastes on the green list are subject to existing controls normally applied to 

commercial transactions, except as provided below: 

 (i) Green-list wastes that are considered hazardous under U.S. national procedures are 

subject to amber-list controls. 

 (ii) Green-list wastes that are sufficiently contaminated or mixed with amber-list 

wastes, such that the waste or waste mixture is considered hazardous under U.S. national 

procedures, are subject to amber-list controls. 

 (iii) Green-list wastes that are sufficiently contaminated or mixed with other wastes 

subject to red-list controls such that the waste or waste mixture is considered hazardous 

under U.S. national procedures must be handled in accordance with the red-list controls. 

 (2) Wastes on the amber list that are considered hazardous under U.S. national 

procedures as defined in Sec. 262.80(a) are subject to the amber-list controls of this 

Subpart. 

 (i) If amber-list wastes are sufficiently contaminated or mixed with other wastes 

subject to red-list controls such that the waste or waste mixture is considered hazardous 

under U.S. national procedures, the wastes must be handled in accordance with the redlist controls. 

 (ii) [Reserved] 

 (3) Wastes on the red list that are considered hazardous under U.S. national procedures 

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

 Note to paragraph (a)(3): Some wastes on the amber or red lists are not listed or 

otherwise identified as hazardous under RCRA (e.g., polychlorinated biphenyls) and 

therefore are not subject to the amber- or red-list controls of this subpart. Regardless of 

the status of the waste under RCRA, however, other Federal environmental statutes (e.g., 

the Toxic Substances Control Act) may restrict certain waste imports or exports. Such 

restrictions continue to apply without regard to this Subpart. 

 (4) Wastes not yet assigned to a list are eligible for transfrontier movements, as 

follows: 

 (i) If such wastes are considered hazardous under U.S. national procedures as defined 

in Sec. 262.80(a), these wastes are subject to the red-list controls; or 

 (ii) If such wastes are not considered hazardous under U.S. national procedures as 

defined in Sec. 262.80(a), such wastes may move as though they appeared on the green 

list. 

 (b) General conditions applicable to transfrontier movements of hazardous waste. 

 (1) The waste must be destined for recovery operations at a facility that, under 

applicable domestic law, is operating or is authorized to operate in the importing country; 

 (2) The transfrontier movement must be in compliance with applicable international 

transport agreements; and 

202
 Note to paragraph (b)(2): These international agreements include, but are not limited 

to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention 

(1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985), and RID 

(1985). 

 (3) Any transit of waste through a non-OECD member country must be conducted in 

compliance with all applicable international and national laws and regulations. 

 (c) Provisions relating to re-export for recovery to a third country. (1) Re-export of 

wastes subject to the amber-list control system from the U.S., as the importing country, to 

a third country listed in Sec. 262.58(a)(1) may occur only after a notifier in the U.S. 

provides notification to and obtains consent of the competent authorities in the third 

country, the original exporting country, and new transit countries. The notification must 

comply with the notice and consent procedures in Sec. 262.83 for all concerned countries 

and the original exporting country. The competent authorities of the original exporting 

country as well as the competent authorities of all other concerned countries have 30 days 

to object to the proposed movement. 

 (i) The 30-day period begins once the competent authorities of both the initial 

exporting country and new importing country issue Acknowledgements of Receipt of the 

notification. 

 (ii) The transfrontier movement may commence if no objection has been lodged after 

the 30-day period has passed or immediately after written consent is received from all 

relevant OECD importing and transit countries. 

 (2) Re-export of waste subject to the red-list control system from the original 

importing country to a third country listed in Sec. 262.58(a)(1) may occur only following 

notification of the competent authorities of the third country, the original exporting 

country, and new transit countries by a notifier in the original importing country in 

accordance with Sec. 262.83. The transfrontier movement may not proceed until receipt 

by the original importing country of written consent from the competent authorities of the 

third country, the original exporting country, and new transit countries. 

 (3) In the case of re-export of amber or red-list wastes to a country other than those in 

Sec. 262.58(a)(1), notification to and consent of the competent authorities of the original 

OECD member country of export and any OECD member countries of transit is required 

as specified in paragraphs (c)(1) and (c)(2) of this section in addition to compliance with 

all international agreements and arrangements to which the first importing OECD 

member country is a party and all applicable regulatory requirements for exports from the 

first importing country. 

§262.83: Notification and consent. 

 (a) Applicability. Consent must be obtained from the competent authorities of the 

relevant OECD importing and transit countries prior to exporting hazardous waste 

destined for recovery operations subject to this Subpart. Hazardous wastes subject to 

amber-list controls are subject to the requirements of paragraph (b) of this section; 

hazardous wastes subject to red-list controls are subject to the requirements of paragraph 

(c) of this section; and wastes not identified on any list are subject to the requirements of 

paragraph (d) of this section. 

203
 (b) Amber-list wastes. The export from the U.S. of hazardous wastes as described in 

Sec. 262.80(a) that appear on the amber list is prohibited unless the notification and 

consent requirements of paragraph (b)(1) or paragraph (b)(2) of this section are met. 

 (1) Transactions requiring specific consent: 

 (i) Notification. At least 45 days prior to commencement of the transfrontier 

movement, the notifier must provide written notification in English of the proposed 

transfrontier movement to the Office of Enforcement and Compliance Assurance, Office 

of Federal Activities, International Compliance Assurance Division (2254A), 

Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

20460, with the words “Attention: OECD Export Notification” prominently displayed on 

the envelope. This notification must include all of the information identified in paragraph 

(e) of this section. In cases where wastes having similar physical and chemical 

characteristics, the same United Nations classification, and the same RCRA waste codes 

are to be sent periodically to the same recovery facility by the same notifier, the notifier 

may submit one notification of intent to export these wastes in multiple shipments during 

a period of up to one year. 

 (ii) Tacit consent. If no objection has been lodged by any concerned country (i.e., 

exporting, importing, or transit countries) to a notification provided pursuant to paragraph 

(b)(1)(i) of this section within 30 days after the date of issuance of the Acknowledgment 

of Receipt of notification by the competent authority of the importing country, the 

transfrontier movement may commence. Tacit consent expires one calendar year after the 

close of the 30 day period; renotification and renewal of all consents is required for 

exports after that date. 

 (iii) Written consent. If the competent authorities of all the relevant OECD importing 

and transit countries provide written consent in a period less than 30 days, the 

transfrontier movement may commence immediately after all necessary consents are 

received. Written consent expires for each relevant OECD importing and transit country 

one calendar year after the date of that country's consent unless otherwise specified; 

renotification and renewal of each expired consent is required for exports after that date. 

 (2) Shipments to facilities pre-approved by the competent authorities of the importing 

countries to accept specific wastes for recovery: 

(i) The notifier must provide EPA the information identified in paragraph (e) of this 

section in English, at least 10 days in advance of commencing shipment to a preapproved facility. The notification should indicate that the recovery facility is preapproved, and may apply to a single specific shipment or to multiple shipments as 

described in paragraph (b)(1)(i) of this section. This information must be sent to the 

Office of Enforcement and Compliance Assurance, Office of Federal Activities, 

International Compliance Assurance Division (2254A), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with the words 

“Attention: OECD Export Notification—Pre-approved Facility” prominently displayed 

on the envelope. 

 (ii) Shipments may commence after the notification required in paragraph (b)(1)(i) of 

this section has been received by the competent authorities of all concerned countries, 

204
unless the notifier has received information indicating that the competent authorities of 

one or more concerned countries objects to the shipment. 

 (c) Red-list wastes. The export from the U.S. of hazardous wastes as described in Sec. 

262.80(a) that appear on the red list is prohibited unless notice is given pursuant to 

paragraph (b)(1)(i) of this section and the notifier receives written consent from the 

importing country and any transit countries prior to commencement of the transfrontier 

movement. 

 (d) Unlisted wastes. Wastes not assigned to the green, amber, or red list that are 

considered hazardous under U.S. national procedures as defined in Sec. 262.80(a) are 

subject to the notification and consent requirements established for red-list wastes in 

accordance with paragraph (c) of this section. Unlisted wastes that are not considered 

hazardous under U.S. national procedures as defined in Sec. 262.80(a) are not subject to 

amber or red controls when exported or imported. 

 (e) Notification information. Notifications submitted under this section must include: 

 (1) Serial number or other accepted identifier of the notification form; 

 (2) Notifier name and EPA identification number (if applicable), address, and 

telephone and telefax numbers; 

 (3) Importing recovery facility name, address, telephone and telefax numbers, and 

technologies employed; 

 (4) Consignee name (if not the owner or operator of the recovery facility) address, and 

telephone and telefax numbers; whether the consignee will engage in waste exchange or 

storage prior to delivering the waste to the final recovery facility and identification of 

recovery operations to be employed at the final recovery facility; 

 (5) Intended transporters and/or their agents; 

 (6) Country of export and relevant competent authority, and point of departure; 

 (7) Countries of transit and relevant competent authorities and points of entry and 

departure; 

 (8) Country of import and relevant competent authority, and point of entry; 

 (9) Statement of whether the notification is a single notification or a general 

notification. If general, include period of validity requested; 

 (10) Date foreseen for commencement of transfrontier movement; 

 (11) Designation of waste type(s) from the appropriate list (amber or red and waste list 

code), descriptions of each waste type, estimated total quantity of each, RCRA waste 

code, and United Nations number for each waste type; and 

 (12) Certification/Declaration signed by the notifier that states: 

 I certify that the above information is complete and correct to the best of my 

knowledge. I also certify that legally-enforceable written contractual obligations have 

been entered into, and that any applicable insurance or other financial guarantees are or 

shall be in force covering the transfrontier movement. 

Name: __________________________________________________________________ 

Signature: ______________________________________________________________ 

Date: ___________________________________________________________________ 

205
 Note to paragraph (e)(12): The U.S. does not currently require financial assurance; 

however, U.S. exporters may be asked by other governments to provide and certify to 

such assurance as a condition of obtaining consent to a proposed movement. 

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

§262.84: Tracking document. 

 (a) All U.S. parties subject to the contract provisions of Sec. 262.85 must ensure that a 

tracking document meeting the conditions of Sec. 262.84(b) accompanies each 

transfrontier shipment of wastes subject to amber-list or red-list controls from the 

initiation of the shipment until it reaches the final recovery facility, including cases in 

which the waste is stored and/or exchanged by the consignee prior to shipment to the 

final recovery facility, except as provided in Sec. Sec. 262.84(a)(1) and (2). 

 (1) For shipments of hazardous waste within the U.S. solely by water (bulk shipments 

only) the generator must forward the tracking document with the manifest to the last 

water (bulk shipment) transporter to handle the waste in the U.S. if exported by water, (in 

accordance with the manifest routing procedures at Sec. 262.23(c)). 

 (2) For rail shipments of hazardous waste within the U.S. which originate at the site of 

generation, the generator must forward the tracking document with the manifest (in 

accordance with the routing procedures for the manifest in Sec. 262.23(d)) to the next 

non-rail transporter, if any, or the last rail transporter to handle the waste in the U.S. if 

exported by rail. 

 (b) The tracking document must include all information required under Sec. 262.83

(for notification), and the following: 

 (1) Date shipment commenced. 

 (2) Name (if not notifier), address, and telephone and telefax numbers of primary 

exporter. 

 (3) Company name and EPA ID number of all transporters. 

 (4) Identification (license, registered name or registration number) of means of 

transport, including types of packaging. 

 (5) Any special precautions to be taken by transporters. 

 (6) Certification/declaration signed by notifier that no objection to the shipment has 

been lodged as follows: 

 I certify that the above information is complete and correct to the best of my 

knowledge. I also certify that legally-enforceable written contractual obligations have 

been entered into, that any applicable insurance or other financial guarantees are or shall 

be in force covering the transfrontier movement, and that: 

 1. All necessary consents have been received; OR 

 2. The shipment is directed at a recovery facility within the OECD area and no 

objection has been received from any of the concerned countries within the 30 day tacit 

consent period; OR 

 3. The shipment is directed at a recovery facility pre-authorized for that type of waste 

within the OECD area; such an authorization has not been revoked, and no objection has 

been received from any of the concerned countries. 

206
(delete sentences that are not applicable) 

Name: __________________________________________________________________ 

Signature: ______________________________________________________________ 

Date: ___________________________________________________________________ 

 (7) Appropriate signatures for each custody transfer (e.g. transporter, consignee, and 

owner or operator of the recovery facility). 

 (c) Notifiers also must comply with the special manifest requirements of 40 CFR 

262.54(a), (b), (c), (e), and (i) and consignees must comply with the import requirements 

of 40 CFR part 262, subpart F. 

 (d) Each U.S. person that has physical custody of the waste from the time the 

movement commences until it arrives at the recovery facility must sign the tracking 

document (e.g. transporter, consignee, and owner or operator of the recovery facility). 

(e) Within three working days of the receipt of imports subject to this Subpart, the owner 

or operator of the U.S. recovery facility must send signed copies of the tracking 

document to the notifier, to the Office of Enforcement and Compliance Assurance, Office 

of Federal Activities, International Compliance Assurance Division (2254A), 

Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

20460, and to the competent authorities of the exporting and transit countries. 

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

§262.85: Contracts. 

 (a) Transfrontier movements of hazardous wastes subject to amber or red control 

procedures are prohibited unless they occur under the terms of a valid written contract, 

chain of contracts, or equivalent arrangements (when the movement occurs between 

parties controlled by the same corporate or legal entity). Such contracts or equivalent 

arrangements must be executed by the notifier and the owner or operator of the recovery 

facility, and must specify responsibilities for each. Contracts or equivalent arrangements 

are valid for the purposes of this section only if persons assuming obligations under the 

contracts or equivalent arrangements have appropriate legal status to conduct the 

operations specified in the contract or equivalent arrangement. 

 (b) Contracts or equivalent arrangements must specify the name and EPA ID number, 

where available, of: 

 (1) The generator of each type of waste; 

 (2) Each person who will have physical custody of the wastes; 

 (3) Each person who will have legal control of the wastes; and 

 (4) The recovery facility. 

 (c) Contracts or equivalent arrangements must specify which party to the contract will 

assume responsibility for alternate management of the wastes if its disposition cannot be 

carried out as described in the notification of intent to export. In such cases, contracts 

must specify that: 

207
 (1) The person having actual possession or physical control over the wastes will 

immediately inform the notifier and the competent authorities of the exporting and 

importing countries and, if the wastes are located in a country of transit, the competent 

authorities of that country; and 

 (2) The person specified in the contract will assume responsibility for the adequate 

management of the wastes in compliance with applicable laws and regulations including, 

if necessary, arranging their return to the original country of export. 

 (d) Contracts must specify that the consignee will provide the notification required in 

Sec. 262.82(c) prior to re-export of controlled wastes to a third country. 

 (e) Contracts or equivalent arrangements must include provisions for financial 

guarantees, if required by the competent authorities of any concerned country, in 

accordance with applicable national or international law requirements. 

 Note to paragraph (e): Financial guarantees so required are intended to provide for 

alternate recycling, disposal or other means of sound management of the wastes in cases 

where arrangements for the shipment and the recovery operations cannot be carried out as 

foreseen. The U.S. does not require such financial guarantees at this time; however, some 

OECD countries do. It is the responsibility of the notifier to ascertain and comply with 

such requirements; in some cases, transporters or consignees may refuse to enter into the 

necessary contracts absent specific references or certifications to financial guarantees. 

 (f) Contracts or equivalent arrangements must contain provisions requiring each 

contracting party to comply with all applicable requirements of this subpart. 

 (g) Upon request by EPA, U.S. notifiers, consignees, or recovery facilities must submit 

to EPA copies of contracts, chain of contracts, or equivalent arrangements (when the 

movement occurs between parties controlled by the same corporate or legal entity). 

Information contained in the contracts or equivalent arrangements for which a claim of 

confidentiality is asserted accordance with 40 CFR 2.203(b) will be treated as 

confidential and will be disclosed by EPA only as provided in 40 CFR 260.2. 

 Note to paragraph (g): Although the U.S. does not require routine submission of 

contracts at this time, OECD Council Decision C(92)39/FINAL allows members to 

impose such requirements. When other OECD countries require submission of partial or 

complete copies of the contract as a condition to granting consent to proposed 

movements, EPA will request the required information; absent submission of such 

information, some OECD countries may deny consent for the proposed movement. 

§262.86: Provisions relating to recognized traders. 

 (a) A recognized trader who takes physical custody of a waste and conducts recovery 

operations (including storage prior to recovery) is acting as the owner or operator of a 

recovery facility and must be so authorized in accordance with all applicable Federal 

laws. 

 (b) A recognized trader acting as a notifier or consignee for transfrontier shipments of 

waste must comply with all the requirements of this Subpart associated with being a 

notifier or consignee. 

208
§262.87: Reporting and recordkeeping. 

 (a) Annual reports. For all waste movements subject to this Subpart, persons (e.g., 

notifiers, recognized traders) who meet the definition of primary exporter in §262.51 

shall file an annual report with the Office of Enforcement and Compliance Assurance, 

Office of Federal Activities, International Compliance Assurance Division (2254A), 

Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

20460, no later than March 1 of each year summarizing the types, quantities, frequency, 

and ultimate destination of all such hazardous waste exported during the previous 

calendar year. (If the primary exporter is required to file an annual report for waste 

exports that are not covered under this Subpart, he may include all export information in 

one report provided the following information on exports of waste destined for recovery 

within the designated OECD member countries is contained in a separate section). Such 

reports shall include the following: 

 (1) The EPA identification number, name, and mailing and site address of the notifier 

filing the report; 

 (2) The calendar year covered by the report; 

 (3) The name and site address of each final recovery facility; 

 (4) By final recovery facility, for each hazardous waste exported, a description of the 

hazardous waste, the EPA hazardous waste number (from 40 CFR part 261, subpart C or 

D), designation of waste type(s) from OECD waste list and applicable waste code from 

the OECD lists, DOT hazard class, the name and U.S. EPA identification number (where 

applicable) for each transporter used, the total amount of hazardous waste shipped 

pursuant to this Subpart, and number of shipments pursuant to each notification; 

 (5) In even numbered years, for each hazardous waste exported, except for hazardous 

waste produced by exporters of greater than 100 kg but less than 1000 kg in a calendar 

month, and except for hazardous waste for which information was already provided 

pursuant to Sec. 262.41: 

 (i) A description of the efforts undertaken during the year to reduce the volume and 

toxicity of waste generated; and 

 (ii) A description of the changes in volume and toxicity of the waste actually achieved 

during the year in comparison to previous years to the extent such information is 

available for years prior to 1984; and 

 (6) A certification signed by the person acting as primary exporter that states: 

 I certify under penalty of law that I have personally examined and am familiar with the 

information submitted in this and all attached documents, and that based on my inquiry of 

those individuals immediately responsible for obtaining the information, I believe that the 

submitted information is true, accurate, and complete. I am aware that there are 

significant penalties for submitting false information including the possibility of fine and 

imprisonment. 

 (b) Exception reports. Any person who meets the definition of primary exporter in Sec. 

262.51 must file an exception report in lieu of the requirements of Sec. 262.42 with the 

Administrator if any of the following occurs: 

209
 (1) He has not received a copy of the tracking documentation signed by the transporter 

stating point of departure of the waste from the United States, within forty-five (45) days 

from the date it was accepted by the initial transporter; 

 (2) Within ninety (90) days from the date the waste was accepted by the initial 

transporter, the notifier has not received written confirmation from the recovery facility 

that the hazardous waste was received; 

 (3) The waste is returned to the United States. 

 (c) Recordkeeping. (1) Persons who meet the definition of primary exporter in Sec. 

262.51 shall keep the following records: Sec. 262.89

 (i) A copy of each notification of intent to export and all written consents obtained 

from the competent authorities of concerned countries for a period of at least three years 

from the date the hazardous waste was accepted by the initial transporter; 

 (ii) A copy of each annual report for a period of at least three years from the due date 

of the report; and 

 (iii) A copy of any exception reports and a copy of each confirmation of delivery (i.e., 

tracking documentation) sent by the recovery facility to the notifier for at least three years 

from the date the hazardous waste was accepted by the initial transporter or received by 

the recovery facility, whichever is applicable. 

 (2) The periods of retention referred to in this section are extended automatically 

during the course of any unresolved enforcement action regarding the regulated activity 

or as requested by the Administrator. 

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

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

§262.89: OECD Waste Lists. 

 (a) General. For the purposes of this Subpart, a waste is considered hazardous under 

U.S. national procedures, and hence subject to this Subpart, if the waste: 

 (1) Meets the Federal definition of hazardous waste in 40 CFR 261.3; and 

 (2) Is subject to either the Federal RCRA manifesting requirements at 40 CFR part 

262, subpart B, to the universal waste management standards of 40 CFR part 273, or to 

State requirements analogous to 40 CFR part 273. 

 (b) If a waste is hazardous under paragraph (a) of this section and it appears on the 

amber or red list, it is subject to amber- or red-list requirements respectively; 

 (c) If a waste is hazardous under paragraph (a) of this section and it does not appear on 

either amber or red lists, it is subject to red-list requirements. 

 (d) The appropriate control procedures for hazardous wastes and hazardous waste 

mixtures are addressed in Sec. 262.82. 

 (e) The OECD Green List of Wastes (revised May 1994), Amber List of Wastes and 

Red List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and 

Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning 

the Control of Transfrontier Movements of Wastes Destined for Recovery Operations) 

are incorporated by reference. These incorporations by reference were approved by the 

Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on 

210
July 11, 1996. These materials are incorporated as they exist on the date of the approval 

and a notice of any change in these materials will be published in the Federal Register. 

The materials are available for inspection at: the U.S. Environmental Protection Agency, 

RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, 

VA 22203 (Docket F-94-IEHF-FFFFF) or at the National Archives and Records 

Administration (NARA), and may be obtained from the Organisation for Economic Cooperation and Development, Environment Direcorate, 2 rue Andre Pascal, 75775 Paris 

Cedex 16, France. For information on the availability of this material at NARA, 

call 202-741-6030, or go to: http://www.archives.gov/federal--register/code--of--federal--

regulations/ibr--locations.html. 

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

Related Resources: 

• Frequently Asked Questions on Imports and Exports of Hazardous Waste 

Between Members of the Organization for Economic Cooperation and 

Development (OECD)

• Frequently Asked Questions on the Basel Convention

Farmers 

Subpart G: Farmers 

 

§262.70: Farmers. 

 A farmer disposing of waste pesticides from his own use which are hazardous wastes is 

not required to comply with the standards in this part or other standards in 40 CFR parts 

264, 265, 268, or 270 for those wastes provided he triple rinses each emptied pesticide 

container in accordance with Sec. 261.7(b)(3) and disposes of the pesticide residues on 

his own farm in a manner consistent with the disposal instructions on the pesticide label. 

[53 FR 27165, July 19, 1988] 

Related Resources: 

• Scope of Farmer Exemption at 40 CFR §262.10(D) and 262.51

Accumulation Requirements for Storage Tanks: Drip Pads 

Subpart W—Drip Pads 

SOURCE: 55 FR 50486, Dec. 6, 1990, unless otherwise noted. 

211
§ 265.440: Applicability. 

(a) The requirements of this subpart apply to owners and operators of facilities that use 

new or existing drip pads to convey treated wood drippage, precipitation, and/or surface 

water run-off to an associated collection system. Existing drip pads are those constructed 

before December 6, 1990 and those for which the owner or operator has a design and has 

entered into binding financial or other agreements for construction prior to December 6, 

1990. All other drip pads are new drip pads. The requirement at § 265.443(b)(3) to install 

a leak collection system applies only to those drip pads that are constructed after 

December 24, 1992 except for those constructed after December 24, 1992 for which the 

owner or operator has a design and has entered into binding financial or other agreements 

for construction prior to December 24, 1992. 

(b) The owner or operator of any drip pad that is inside or under a structure that provides 

protection from precipitation so that neither run-off nor runon is generated is not subject 

to regulation under § 265.443(e) or § 265.443(f), as appropriate. 

(c) The requirements of this subpart are not applicable to the management of infrequent 

and incidental drippage in storage yards provided that: 

(1) The owner or operator maintains and complies with a written contingency plan that 

describes how the owner or operator will respond immediately to the discharge of such 

infrequent and incidental drippage. At a minimum, the contingency plan must describe 

how the facility will do the following: 

(i) Clean up the drippage; 

(ii) Document the cleanup of the drippage; 

(iii) Retain documents regarding cleanup for three years; and 

(iv) Manage the contaminated media in a manner consistent with Federal regulations. 

[55 FR 50486, Dec. 6, 1990, as amended by 56 FR 30198, July 1, 1991; 57 FR 61503, 

Dec. 24, 1992] 

§ 265.441: Assessment of existing drip pad integrity. 

(a) For each existing drip pad as defined in §265.440, the owner or operator must 

evaluate the drip pad and determine that it meets all of the requirements of this subpart, 

except the requirements for liners and leak detection systems of §265.443(b). No later 

than the effective date of this rule, the owner or operator must obtain and keep on file at 

the facility a written assessment of the drip pad, reviewed and certified by a qualified 

Professional Engineer that attests to the results of the evaluation. The assessment must be 

reviewed, updated, and re-certified annually until all upgrades, repairs, or modifications 

necessary to achieve compliance with all the standards of §265.443 are complete. The 

evaluation must document the extent to which the drip pad meets each of the design and 

operating standards of §265.443, except the standards for liners and leak detection 

systems, specified in §265.443(b). 

(b) The owner or operator must develop a written plan for upgrading, repairing, and 

modifying the drip pad to meet the requirements of §265.443(b), and submit the plan to 

212
the Regional Administrator no later than 2 years before the date that all repairs, upgrades, 

and modifications are complete. This written plan must describe all changes to be made 

to the drip pad in sufficient detail to document compliance with all the requirements of 

§265.443. The plan must be reviewed and certified by a qualified Professional Engineer. 

(c) Upon completion of all repairs and modifications, the owner or operator must submit 

to the Regional Administrator or State Director, the as-built drawings for the drip pad 

together with a certification by a qualified Professional Engineer attesting that the drip 

pad conforms to the drawings. 

(d) If the drip pad is found to be leaking or unfit for use, the owner or operator must 

comply with the provisions of § 265.443(m) of this subpart or close the drip pad in 

accordance with § 265.445 of this subpart. 

[55 FR 50486, Dec. 6, 1990, as amended at 57 FR 61504, Dec. 24, 1992; 71 FR 16912, 

Apr. 4, 2006; 71 FR 40276, July 14, 2006] 

§ 265.442: Design and installation of new drip pads. 

Owners and operators of new drip pads must ensure that the pads are designed, installed, 

and operated in accordance with one of the following: 

(a) All of the applicable requirements of §§265.443 (except § 265.443(a)(4)), 

265.444 and 265.445 of this subpart, or (b) All of the applicable requirements of §§ 

265.443 (except § 265.443(b)), 265.444 and 265.445 of this subpart. 

[57 FR 61504, Dec. 24, 1992] 

§ 265.443: Design and operating requirements. 

(a) Drip pads must: 

(1) Be constructed of non-earthen materials, excluding wood and non-structurally 

supported asphalt; 

(2) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of 

drippage and water or other wastes to the associated collection system; 

(3) Have a curb or berm around the perimeter; 

(4)(i) Have a hydraulic conductivity of less than or equal to 1x10-7 centimeters per 

second, e.g., existing concrete drip pads must be sealed, coated, or covered with a surface 

material with a hydraulic conductivity of less than or equal to 1x10-7 centimeters per 

second such that the entire surface where drippage occurs or may run across is capable of 

containing such drippage and mixtures of drippage and precipitation, materials, or other 

wastes while being routed to an associated collection system. This surface material must 

be maintained free of cracks and gaps that could adversely affect its hydraulic 

conductivity, and the material must be chemically compatible with the preservatives that 

contact the drip pad. The requirements of this provision apply only to existing drip pads 

and those drip pads for which the owner or operator elects to comply with § 265.442(b) 

instead of § 265.442(a). 

213
(ii) The owner or operator must obtain and keep on file at the facility a written 

assessment of the drip pad, reviewed and certified by a qualified Professional Engineer 

that attests to the results of the evaluation. The assessment must be reviewed, updated and 

recertified annually. The evaluation must document the extent to which the drip pad 

meets the design and operating standards of this section, except for paragraph (b) of this 

section. 

(5) Be of sufficient structural strength and thickness to prevent failure due to physical 

contact, climatic conditions, the stress of installation, and the stress of daily operations, 

e.g., variable and moving loads such as vehicle traffic, movement of wood, etc. 

NOTE: EPA will generally consider applicable standards established by professional 

organizations generally recognized by industry such as the American Concrete Institute 

(ACI) and the American Society of Testing Materials (ASTM) in judging the structural 

integrity requirement of this paragraph. 

(b) If an owner/operator elects to comply with §265.442(a) instead of § 265.442(b), the 

drip pad must have: 

(1) A synthetic liner installed below the drip pad that is designed, constructed, and 

installed to prevent leakage from the drip pad into the adjacent subsurface soil or 

groundwater or surface water at any time during the active life (including the closure 

period) of the drip pad. The liner must be constructed of materials that will prevent waste 

from being absorbed into the liner and prevent releases into the adjacent subsurface soil 

or ground water or surface water during the active life of the facility. The liner must be: 

(i) Constructed of materials that have appropriate chemical properties and sufficient 

strength and thickness to prevent failure due to pressure gradients (including static head 

and external hydrogeologic forces), physical contact with the waste or drip pad leakage to 

which they are exposed, climatic conditions, the stress of installation, and the stress of 

daily operation (including stresses from vehicular traffic on the drip pad); 

(ii) Placed upon a foundation or base capable of providing support to the liner and 

resistance to pressure gradients above and below the liner to prevent failure of the liner 

due to settlement, compression or uplift; and 

(iii) Installed to cover all surrounding earth that could come in contact with the waste or 

leakage; and 

(2) A leakage detection system immediately above the liner that is designed, constructed, 

maintained and operated to detect leakage from the drip pad. The leakage detection 

system must be: 

(i) Constructed of materials that are: 

(A) Chemically resistant to the waste managed in the drip pad and the leakage that might 

be generated; and 

(B) Of sufficient strength and thickness to prevent collapse under the pressures exerted 

by overlaying materials and by any equipment used at the drip pad; and

(ii) Designed and operated to function without clogging through the scheduled closure of 

the drip pad. 

(iii) Designed so that it will detect the failure of the drip pad or the presence of a release 

of hazardous waste or accumulated liquid at the earliest practicable time. 

(3) A leakage collection system immediately above the liner that is designed, constructed, 

214
maintained and operated to collect leakage from the drip pad such that it can be removed 

from below the drip pad. The date, time, and quantity of any leakage collected in this 

system and removed must be documented in the operating log. 

(c) Drip pads must be maintained such that they remain free of cracks, gaps, corrosion, or 

other deterioration that could cause hazardous waste to be released from the drip pad. 

NOTE: See § 265.443(m) for remedial action required if deterioration or leakage is 

detected. 

(d) The drip pad and associated collection system must be designed and operated to 

convey, drain, and collect liquid resulting from drippage or precipitation in order to 

prevent run-off. 

(e) Unless protected by a structure, as described in § 265.440(b) of this subpart, the 

owner or operator must design, construct, operate and maintain a run-on control system 

capable of preventing flow onto the drip pad during peak discharge from at least a 24-

hour, 25-year storm unless the system has sufficient excess capacity to contain any runon that might enter the system, or the drip pad is protected by a structure or cover, as 

described in § 265.440(b) of this subpart. 

(f) Unless protected by a structure or cover, as described in § 265.440(b) of this subpart, 

the owner or operator must design, construct, operate and maintain a run-off management 

system to collect and control at least the water volume resulting from a 24-hour, 25-year 

storm. 

(g) The drip pad must be evaluated to determine that it meets the requirements of 

paragraphs (a) through (f) of this section and the owner or operator must obtain a 

statement from a qualified Professional Engineer certifying that the drip pad design meets 

the requirements of this section. 

(h) Drippage and accumulated precipitation must be removed from the associated 

collection system as necessary to prevent overflow onto the drip pad. 

(i) The drip pad surface must be cleaned thoroughly in a manner and frequency such that 

accumulated residues of hazardous waste or other materials are removed, with residues 

being properly managed as hazardous waste, so as to allow weekly inspections of the 

entire drip pad surface without interference or hindrance from accumulated residues of 

hazardous waste or other materials on the drip pad. The owner or operator must 

document the date and time of each cleaning and the cleaning procedure used in the 

facility’s operating log. 

(j) Drip pads must be operated and maintained in a manner to minimize tracking of 

hazardous waste or hazardous waste constituents off the drip pad as a result of activities 

by personnel or equipment. 

(k) After being removed from the treatment vessel, treated wood from pressure and nonpressure processes must be held on the drip pad until drippage has ceased. The owner or 

operator must maintain records sufficient to document that all treated wood is held on the 

pad following treatment in accordance with this requirement. 

(l) Collection and holding units associated with run-on and run-off control systems must 

be emptied or otherwise managed as soon as possible after storms to maintain design 

capacity of the system. 

(m) Throughout the active life of the drip pad, if the owner or operator detects a condition 

that may have caused or has caused a release of hazardous waste, the condition must be 

repaired within a reasonably prompt period of time following discovery, in accordance 

215
with the following procedures: 

(1) Upon detection of a condition that may have caused or has caused a release of 

hazardous waste (e.g., upon detection of leakage by the leak detection system), the owner 

or operator must: 

(i) Enter a record of the discovery in the facility operating log; 

(ii) Immediately remove the portion of the drip pad affected by the condition from 

service; 

(iii) Determine what steps must be taken to repair the drip pad, remove any leakage from 

below the drip pad, and establish a schedule for accomplishing the clean up and repairs; 

(iv) Within 24 hours after discovery of the condition, notify the Regional Administrator 

of the condition and, within 10 working days, provide a written notice to the Regional 

Administrator with a description of the steps that will be taken to repair the drip pad, and 

clean up any leakage, and the schedule for accomplishing this work. 

(2) The Regional Administrator will review the information submitted, make a 

determination regarding whether the pad must be removed from service completely or 

partially until repairs and clean up are complete, and notify the owner or operator of the 

determination and the underlying rationale in writing. 

(3) Upon completing all repairs and clean up, the owner or operator must notify the 

Regional Administrator in writing and provide a certification, signed by an independent 

qualified, registered professional engineer, that the repairs and clean up have been 

completed according to the written plan submitted in accordance with paragraph 

(m)(1)(iv) of this section. 

(n) The owner or operator must maintain, as part of the facility operating log, 

documentation of past operating and waste handling practices. This must include 

identification of preservative formulations used in the past, a description of drippage 

management practices, and a description of treated wood storage and handling practices. 

[55 FR 50486, Dec. 6, 1990, as amended at 56 FR 30198, July 1, 1991; 57 FR 5861, Feb. 

18, 1992; 57 FR 61504, Dec. 24, 1992; 71 FR 16912, Apr. 4, 2006; 71 FR 40276, July 

14, 2006] 

§ 265.444: Inspections. 

(a) During construction or installation, liners and cover systems (e.g., membranes, sheets, 

or coatings) must be inspected for uniformity, damage and imperfections (e.g., holes, 

cracks, thin spots, or foreign materials). Immediately after construction or installation, 

liners must be inspected and certified as meeting the requirements of §265.443 by a 

qualified Professional Engineer. This certification must be maintained at the facility as 

part of the facility operating record. After installation, liners and covers must be 

inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters. 

(b) While a drip pad is in operation, it must be inspected weekly and after storms to 

detect evidence of any of the following: 

(1) Deterioration, malfunctions or improper operation of run-on and runoff control 

systems; 

(2) The presence of leakage in and proper functioning of leakage detection system. 

216
(3) Deterioration or cracking of the drip pad surface. 

NOTE: See § 265.443(m) for remedial action required if deterioration or leakage is 

detected. 

[55 FR 50486, Dec. 6, 1990, as amended at 71 FR 16912, Apr. 4, 2006] 

§ 265.445: Closure. 

(a) At closure, the owner or operator must remove or decontaminate all waste residues, 

contaminated containment system components (pad, liners, etc.), contaminated subsoils, 

and structures and equipment contaminated with waste and leakage, and manage them as 

hazardous waste. 

(b) If, after removing or decontaminating all residues and making all reasonable efforts to 

effect removal or decontamination of contaminated components, subsoils, structures, and 

equipment as required in paragraph (a) of this section, the owner or operator finds that 

not all contaminated subsoils can be practically removed or decontaminated, he must 

close the facility and perform post-closure care in accordance with closure and postclosure care requirements that apply to landfills (§ 265.310). For permitted units, the 

requirement to have a permit continues throughout the post-closure period. 

(c)(1) The owner or operator of an existing drip pad, as defined in § 265.440 of this 

subpart, that does not comply with the liner requirements of § 265.443(b)(1) must: 

(i) Include in the closure plan for the drip pad under § 265.112 both a plan for complying 

with paragraph (a) of this section and a contingent plan for complying with paragraph (b) 

of this section in case not all contaminated subsoils can be practicably removed at 

closure; and 

(ii) Prepare a contingent post-closure plan under § 265.118 of this part for complying 

with paragraph (b) of this section in case not all contaminated subsoils can be practicably 

removed at closure. 

(2) The cost estimates calculated under §§ 265.112 and 265.144 of this part for closure 

and post-closure care of a drip pad subject to this paragraph must include the cost of 

complying with the contingent closure plan and the contingent post-closure plan, but are 

not required to include the cost of expected closure under paragraph (a) of this section. 

Related Resources: 

• Options for CCA Wood Treatment Plants Converting to Preservatives That Do 

Not Generate Hazardous Waste

• Drip Pad Leakage Collection System Requirements

• Drip Pad Closure Notification and Certification Requirements

Accumulation Requirements for Storage Units: Containment Buildings 

Subpart DD—Containment Buildings 

SOURCE: 57 FR 37268, Aug. 18, 1992, unless otherwise noted. 

217
§ 265.1100: Applicability. 

The requirements of this subpart apply to owners or operators who store or treat 

hazardous waste in units designed and operated under §265.1101 of this subpart. The 

owner or operator is not subject to the definition of land disposal in RCRA section 

3004(k) provided that the unit: 

(a) Is a completely enclosed, self-supporting structure that is designed and constructed of 

manmade materials of sufficient strength and thickness to support themselves, the waste 

contents, and any personnel and heavy equipment that operate within the units, and to 

prevent failure due to pressure gradients, settlement, compression, or uplift, physical 

contact with the hazardous wastes to which they are exposed; climatic conditions; and the 

stresses of daily operation, including the movement of heavy equipment within the unit 

and contact of such equipment with containment walls; 

(b) Has a primary barrier that is designed to be sufficiently durable to withstand the 

movement of personnel and handling equipment within the unit; 

(c) If the unit is used to manage liquids, has: 

(1) A primary barrier designed and constructed of materials to prevent migration of 

hazardous constituents into the barrier; 

(2) A liquid collection system designed and constructed of materials to minimize the 

accumulation of liquid on the primary barrier; and 

(3) A secondary containment system designed and constructed of materials to prevent 

migration of hazardous constituents into the barrier, with a leak detection and liquid 

collection system capable of detecting, collecting, and removing leaks of hazardous 

constituents at the earliest possible time, unless the unit has been granted a variance from 

the secondary containment system requirements under § 265.1101(b)(4); 

(d) Has controls as needed to prevent fugitive dust emissions; and 

(e) Is designed and operated to ensure containment and prevent the tracking of materials 

from the unit by personnel or equipment. 

[57 FR 37268, Aug. 18, 1992, as amended at 71 FR 16912, Apr. 4, 2006; 71 FR 40276, 

July 14, 2006] 

§ 265.1101: Design and operating standards. 

(a) All containment buildings must comply with the following design standards: 

(1) The containment building must be completely enclosed with a floor, walls, and a roof 

to prevent exposure to the elements, (e.g., precipitation, wind, run-on), and to assure 

containment of managed wastes. 

(2) The floor and containment walls of the unit, including the secondary containment 

system if required under paragraph (b) of this section, must be designed and constructed 

of materials of sufficient strength and thickness to support themselves, the waste 

contents, and any personnel and heavy equipment that operate within the unit, and to 

prevent failure due to pressure gradients, settlement, compression, or uplift, physical 

contact with the hazardous wastes to which they are exposed; climatic conditions; and the 

stresses of daily operation, including the movement of heavy equipment within the unit 

and contact of such equipment with containment walls. The unit must be designed so that 

218
it has sufficient structural strength to prevent collapse or other failure. All surfaces to be 

in contact with hazardous wastes must be chemically compatible with those wastes. EPA 

will consider standards established by professional organizations generally recognized by 

the industry such as the American Concrete Institute (ACI) and the American Society of 

Testing Materials (ASTM) in judging the structural integrity requirements of this 

paragraph. If appropriate to the nature of the waste management operation to take place 

in the unit, an exception to the structural strength requirement may be made for lightweight doors and windows that meet these criteria: 

(i) They provide an effective barrier against fugitive dust emissions under paragraph 

(c)(1)(iv); and 

(ii) The unit is designed and operated in a fashion that assures that wastes will not 

actually come in contact with these openings. 

(3) Incompatible hazardous wastes or treatment reagents must not be placed in the unit or 

its secondary containment system if they could cause the unit or secondary containment 

system to leak, corrode, or otherwise fail. 

(4) A containment building must have a primary barrier designed to withstand the 

movement of personnel, waste, and handling equipment in the unit during the operating 

life of the unit and appropriate for the physical and chemical characteristics of the waste 

to be managed. 

(b) For a containment building used to manage hazardous wastes containing free liquids 

or treated with free liquids (the presence of which is determined by the paint filter test, a 

visual examination, or other appropriate means), the owner or operator must include: 

(1) A primary barrier designed and constructed of materials to prevent the migration of 

hazardous constituents into the barrier (e.g. a geomembrane covered by a concrete wear 

surface). 

(2) A liquid collection and removal system to prevent the accumulation of liquid on the 

primary barrier of the containment building: 

(i) The primary barrier must be sloped to drain liquids to the associated collection system; 

and (ii) Liquids and waste must be collected and removed to minimize hydraulic head on 

the containment system at the earliest practicable time that protects human health and the 

environment. 

(3) A secondary containment system including a secondary barrier designed and 

constructed to prevent migration of hazardous constituents into the barrier, and a leak 

detection system that is capable of detecting failure of the primary barrier and collecting 

accumulated hazardous wastes and liquids at the earliest practicable time. 

(i) The requirements of the leak detection component of the secondary containment 

system are satisfied by installation of a system that is, at a minimum: 

(A) Constructed with a bottom slope of 1 percent or more; and 

(B) Constructed of a granular drainage material with a hydraulic conductivity of 1x10-2

cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed of 

synthetic or geonet drainage materials with a transmissivity of 3 x10-5 m2/sec or more. 

(ii) If treatment is to be conducted in the building, an area in which such treatment will be 

conducted must be designed to prevent the release of liquids, wet materials, or liquid 

aerosols to other portions of the building. 

(iii) The secondary containment system must be constructed of materials that are 

chemically resistant to the waste and liquids managed in the containment building and of 

219
sufficient strength and thickness to prevent collapse under the pressure exerted by 

designed and constructed of materials of sufficient strength and thickness to support 

themselves, the waste contents, and any personnel and heavy equipment that operate 

within the unit, and to prevent failure due to pressure gradients, settlement, compression, 

or uplift, physical contact with the hazardous wastes to which they are exposed; climatic 

conditions; and the stresses of daily operation, including the movement of heavy 

equipment within the unit and contact of such equipment with containment walls. The 

unit must be designed so that it has sufficient structural strength to prevent collapse or 

other failure. All surfaces to be in contact with hazardous wastes must be chemically 

compatible with those wastes. EPA will consider standards established by professional 

organizations generally recognized by the industry such as the American Concrete 

Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the 

structural integrity requirements of this paragraph. If appropriate to the nature of the 

waste management operation to take place in the unit, an exception to the structural 

strength requirement may be made for light-weight doors and windows that meet these 

criteria: 

(i) They provide an effective barrier against fugitive dust emissions under paragraph 

(c)(1)(iv); and 

(ii) The unit is designed and operated in a fashion that assures that wastes will not 

actually come in contact with these openings. 

(3) Incompatible hazardous wastes or treatment reagents must not be placed in the unit or 

its secondary containment system if they could cause the unit or secondary containment 

system to leak, corrode, or otherwise fail. 

(4) A containment building must have a primary barrier designed to withstand the 

movement of personnel, waste, and handling equipment in the unit during the operating 

life of the unit and appropriate for the physical and chemical characteristics of the waste 

to be managed. 

(b) For a containment building used to manage hazardous wastes containing free liquids 

or treated with free liquids (the presence of which is determined by the paint filter test, a 

visual examination, or other appropriate means), the owner or operator must include: 

(1) A primary barrier designed and constructed of materials to prevent the migration of 

hazardous constituents into the barrier (e.g. a geomembrane covered by a concrete wear 

surface). 

(2) A liquid collection and removal system to prevent the accumulation of liquid on the 

primary barrier of the containment building: 

(i) The primary barrier must be sloped to drain liquids to the associated collection system; 

and (ii) Liquids and waste must be collected and removed to minimize hydraulic head on 

the containment system at the earliest practicable time that protects human health and the 

environment. 

(3) A secondary containment system including a secondary barrier designed and 

constructed to prevent migration of hazardous constituents into the barrier, and a leak 

detection system that is capable of detecting failure of the primary barrier and collecting 

accumulated hazardous wastes and liquids at the earliest practicable time. 

(i) The requirements of the leak detection component of the secondary containment 

system are satisfied by installation of a system that is, at a minimum: 

(A) Constructed with a bottom slope of 1 percent or more; and 

220
(B) Constructed of a granular drainage material with a hydraulic conductivity of 1x10-2

cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed of 

synthetic or geonet drainage materials with a transmissivity of 3x10-5 m

2

/sec or more. 

(ii) If treatment is to be conducted in the building, an area in which such treatment will be 

conducted must be designed to prevent the release of liquids, wet materials, or liquid 

aerosols to other portions of the building. 

(iii) The secondary containment system must be constructed of materials that are 

chemically resistant to the waste and liquids managed in the containment building and of 

sufficient strength and thickness to prevent collapse under the pressure exerted by 

overlaying materials and by any equipment used in the containment building. 

(Containment buildings can serve as secondary containment systems for tanks placed 

within the building under certain conditions. A containment building can serve as an 

external liner system for a tank, provided it meets the requirements of § 265.193(e)(1). In 

addition, the containment building must meet the requirements of § 265.193 (b) and (c) to 

be considered an acceptable secondary containment system for a tank.) 

(4) For existing units other than 90-day generator units, the Regional Administrator may 

delay the secondary containment requirement for up to two years, based on a 

demonstration by the owner or operator that the unit substantially meets the standards of 

this Subpart. In making this demonstration, the owner or operator must: 

(i) Provide written notice to the Regional Administrator of their request by February 18, 

1993. This notification must describe the unit and its operating practices with specific 

reference to the performance of existing containment systems, and specific plans for 

retrofitting the unit with secondary containment; 

(ii) Respond to any comments from the Regional Administrator on these plans within 30 

days; and 

(iii) Fulfill the terms of the revised plans, if such plans are approved by the Regional 

Administrator. 

(c) Owners or operators of all containment buildings must: 

(1) Use controls and practices to ensure containment of the hazardous waste within the 

unit; and, at a minimum: 

(i) Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other 

deterioration that could cause hazardous waste to be released from the primary barrier; 

(ii) Maintain the level of the stored/treated hazardous waste within the containment walls 

of the unit so that the height of any containment wall is not exceeded; 

(iii) Take measures to prevent the tracking of hazardous waste out of the unit by 

personnel or by equipment used in handling the waste. An area must be designated to 

decontaminate equipment and any rinsate must be collected and properly managed; and 

(iv) Take measures to control fugitive dust emissions such that any openings (doors, 

windows, vents, cracks, etc.) exhibit no visible emissions. In addition, all associated 

particulate collection devices (e.g., fabric filter, electrostatic precipitator) must be 

operated and maintained with sound air pollution control practices. This state of no 

visible emissions must be maintained effectively at all times during normal operating 

conditions, including when vehicles and personnel are entering and exiting the unit. 

(2) Obtain and keep on-site a certification by a qualified Professional Engineer that the 

containment building design meets the requirements of paragraphs (a), (b), and (c) of this 

section. 

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(3) Throughout the active life of the containment building, if the owner or operator 

detects a condition that could lead to or has caused a release of hazardous waste, the 

owner or operator must repair the condition promptly, in accordance with the following 

procedures. 

(i) Upon detection of a condition that has led to a release of hazardous waste (e.g., upon 

detection of leakage from the primary barrier) the owner or operator must: 

(A) Enter a record of the discovery in the facility operating record; 

(B) Immediately remove the portion of the containment building affected by the 

condition from service; 

(C) Determine what steps must be taken to repair the containment building, remove any 

leakage from the secondary collection system, and establish a schedule for accomplishing 

the cleanup and repairs; and 

(D) Within 7 days after the discovery of the condition, notify the Regional Administrator 

of the condition, and within 14 working days, provide a written notice to the Regional 

Administrator with a description of the steps taken to repair the containment building, 

and the schedule for accomplishing the work. 

(ii) The Regional Administrator will review the information submitted, make a 

determination regarding whether the containment building must be removed from service 

completely or partially until repairs and cleanup are complete, and notify the owner or 

operator of the determination and the underlying rationale in writing. 

(iii) Upon completing all repairs and cleanup the owner or operator must notify the 

Regional Administrator in writing and provide a verification, signed by a qualified, 

registered professional engineer, that the repairs and cleanup have been completed 

according to the written plan submitted in accordance with paragraph (c)(3)(i)(D) of this 

section. 

(4) Inspect and record in the facility's operating record at least once every seven days, 

except for Performance Track member facilities, that must inspect up to once each 

month, upon approval of the director, data gathered from monitoring and leak detection 

equipment as well as the containment building and the area immediately surrounding the 

containment building to detect signs of releases of hazardous waste. To apply for reduced 

inspection frequency, the Performance Track member facility must follow the procedures 

described in §265.15(b)(5). 

 (d) For a containment building that contains both areas with and without secondary 

containment, the owner or operator must: 

(1) Design and operate each area in accordance with the requirements enumerated in 

paragraphs (a) through (c) of this section; 

(2) Take measures to prevent the release of liquids or wet materials into areas without 

secondary containment; and 

(3) Maintain in the facility’s operating log a written description of the operating 

procedures used to maintain the integrity of areas without secondary containment. 

(e) Notwithstanding any other provision of this subpart, the Regional Administrator may 

waive requirements for secondary containment for a permitted containment building 

where the owner or operator demonstrates that the only free liquids in the unit are limited 

amounts of dust suppression liquids required to meet occupational health and safety 

requirements, and where containment of managed wastes and liquids can be assured 

without a secondary containment system. 

222
[57 FR 37268, Aug. 18, 1992, as amended at 71 FR 16912, Apr. 4, 2006; 71 FR 40276, 

July 14, 2006] 

§ 265.1102 Closure and post-closure care. 

(a) At closure of a containment building, the owner or operator must remove or 

decontaminate all waste residues, contaminated containment system components (liners, 

etc.), contaminated subsoils, and structures and equipment contaminated with waste and 

leachate, and manage them as hazardous waste unless §261.3(d) of this chapter applies. 

The closure plan, closure activities, cost estimates for closure, and financial responsibility 

for containment buildings must meet all of the requirements specified in subparts G and 

H of this part. 

(b) If, after removing or decontaminating all residues and making all reasonable efforts to 

effect removal or decontamination of contaminated components, subsoils, structures, and 

equipment as required in paragraph (a) of this section, the owner or operator finds that 

not all contaminated subsoils can be practicably removed or decontaminated, he must 

close the facility and perform post-closure care in accordance with the closure and postclosure requirements that apply to landfills (§265.310). In addition, for the purposes of 

closure, post-closure, and financial responsibility, such a containment building is then 

considered to be a landfill, and the owner or operator must meet all of the requirements 

for landfills specified in subparts G and H of this part. 

Related Resources: 

• Containment Buildings as Secondary Containment

• Containment Building Certification

• Containment Buildings as Generator Accumulation Units

Air Emissions 

Subpart AA: Air Emission Standards for Process Vents 

 

§265.1030: Applicability. 

Source: 55 FR 25507, June 21, 1990, unless otherwise noted. 

(a) The regulations in this subpart apply to owners and operators of facilities that treat, 

store, or dispose of hazardous wastes (except as provided in Sec. 265.1). 

(b) Except for Sec. Sec. 265.1034, paragraphs (d) and (e), this subpart applies to process 

vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, 

or air or steam stripping operations that manage hazardous wastes with organic 

concentrations of at least 10 ppmw, if these operations are conducted in one of the 

following: 

223
(1) A unit that is subject to the permitting requirements of 40 CFR part 270, or 

(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting 

under the provisions of 40 CFR 262.34(a) (i.e., a hazardous waste recycling unit that is 

not a 90-day tank or container) and that is located at a hazardous waste management 

facility otherwise subject to the permitting requirements of 40 CFR part 270, or 

(3) A unit that is exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., 

a ``90-day'' tank or container) and is not a recycling unit under the requirements of 40 

CFR 261.6. 

Note: The requirements of Sec. Sec. 265.1032 through 265.1036 apply to process vents 

on hazardous waste recycling units previously exempt under paragraph 261.6(c)(1). Other 

exemptions under Sec. Sec. 261.4, and 265.1(c) are not affected by these requirements.] 

(c) The requirements of this subpart do not apply to the pharmaceutical manufacturing 

facility, commonly referred to as the Stonewall Plant, located at Route 340 South, Elkton, 

Virginia, provided that facility is operated in compliance with the requirements contained 

in a Clean Air Act permit issued pursuant to 40 CFR 52.2454. The requirements of this 

subpart shall apply to the facility upon termination of the Clean Air Act permit issued 

pursuant to 40 CFR 52.2454. 

(d) The requirements of this subpart do not apply to the process vents at a facility where 

the facility owner or operator certifies that all of the process vents that would otherwise 

be subject to this subpart are equipped with and operating air emission controls in 

accordance with the process vent requirements of an applicable Clean Air Act regulation 

codified under 40 CFR part 60, part 61, or part 63. The documentation of compliance 

under regulations at 40 CFR part 60, part 61, or part 63 shall be kept with, or made 

readily available with, the facility operating record. 

[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 61 FR 59968, 

Nov. 25, 1996; 62 FR 52642, Oct. 8, 1997; 62 FR 64661, Dec. 8, 1997] 

§265.1031: Definitions. 

As used in this subpart, all terms shall have the meaning given them in Sec. 264.1031, the 

Act, and parts 260-266. 

§265.1032: Standards: Process vents. 

(a) The owner or operator of a facility with process vents associated with distillation, 

fractionation, thin-film evaporation, solvent extraction or air or steam stripping 

operations managing hazardous wastes with organic concentrations at least 10 ppmw 

shall either: 

(1) Reduce total organic emissions from all affected process vents at the facility below 

1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr), or 

(2) Reduce, by use of a control device, total organic emissions from all affected process 

vents at the facility by 95 weight percent. 

(b) If the owner or operator installs a closed-vent system and control device to comply 

with the provisions of paragraph (a) of this section, the closed-vent system and control 

device must meet the requirements of Sec. 265.1033. 

224
(c) Determinations of vent emissions and emission reductions or total organic compound 

concentrations achieved by add-on control devices may be based on engineering 

calculations or performance tests. If performance tests are used to determine vent 

emissions, emission reductions, or total organic compound concentrations achieved by 

add-on control devices, the performance tests must conform with the requirements of Sec. 

265.1034(c). 

(d) When an owner or operator and the Regional Administrator do not agree on 

determinations of vent emissions and/or emission reductions or total organic compound 

concentrations achieved by add-on control devices based on engineering calculations, the 

test methods in Sec. 265.1034(c) shall be used to resolve the disagreement. 

§265.1033: Standards: Closed-vent systems and control devices. 

(a)(1) Owners or operators of closed-vent systems and control devices used to comply 

with provisions of this part shall comply with the provisions of this section. 

(2)(i) The owner or operator of an existing facility who cannot install a closed-vent 

system and control device to comply with the provisions of this subpart on the effective 

date that the facility becomes subject to the requirements of this subpart must prepare an 

implementation schedule that includes dates by which the closed-vent system and control 

device will be installed and in operation. The controls must be installed as soon as 

possible, but the implementation schedule may allow up to 30 months after the effective 

date that the facility becomes subject to this subpart for installation and startup. 

(ii) Any unit that begins operation after December 21, 1990, and is subject to the 

requirements of this subpart when operation begins, must comply with the rules 

immediately (i.e., must have control devices installed and operating on startup of the 

affected unit); the 30-month implementation schedule does not apply. 

(iii) The owner or operator of any facility in existence on the effective date of a statutory 

or EPA regulatory amendment that renders the facility subject to this subpart shall 

comply with all requirements of this subpart as soon as practicable but no later than 30 

months after the amendment's effective date. When control equipment required by this 

subpart can not be installed and begin operation by the effective date of the amendment, 

the facility owner or operator shall prepare an implementation schedule that includes the 

following information: Specific calendar dates for award of contracts or issuance of 

purchase orders for the control equipment, initiation of on-site installation of the control 

equipment, completion of the control equipment installation, and performance of any 

testing to demonstrate that the installed equipment meets the applicable standards of this 

subpart. The owner or operator shall enter the implementation schedule in the operating 

record or in a permanent, readily available file located at the facility. 

(iv) Owners and operators of facilities and units that become newly subject to the 

requirements of this subpart after December 8, 1997, due to an action other than those 

described in paragraph (a)(2)(iii) of this section must comply with all applicable 

requirements immediately (i.e., must have control devices installed and operating on the 

date the facility or unit becomes subject to this subpart; the 30-month implementation 

schedule does not apply). 

(b) A control device involving vapor recovery (e.g., a condenser or adsorber) shall be 

designed and operated to recover the organic vapors vented to it with an efficiency of 95 

225
weight percent or greater unless the total organic emission limits of Sec.265.1032(a)(1) 

for all affected process vents can be attained at an efficiency less than 95 weight percent. 

(c) An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater) 

shall be designed and operated to reduce the organic emissions vented to it by 95 weight 

percent or greater; to achieve a total organic compound concentration of 20 ppmv, 

expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis 

corrected to 3 percent oxygen; or to provide a minimum residence time of 0.50 seconds at 

a minimum temperature of 760 [deg]C. If a boiler or process heater is used as the control 

device, then the vent stream shall be introduced into the flame combustion zone of the 

boiler or process heater. 

(d)(1) A flare shall be designed for and operated with no visible emissions as determined 

by the methods specified in paragraph (e)(1) of this section, except for periods not to 

exceed a total of 5 minutes during any 2 consecutive hours. 

(2) A flare shall be operated with a flame present at all times, as determined by the 

methods specified in paragraph (f)(2)(iii) of this section. 

(3) A flare shall be used only if the net heating value of the gas being combusted is 11.2 

MJ/scm (300 Btu/scf) or greater, if the flare is steam-assisted or air-assisted; or if the net 

heating value of the gas being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the 

flare is nonassisted. The net heating value of the gas being combusted shall be 

determined by the methods specified in paragraph (e)(2) of this section. 

(4)(i) A steam-assisted or nonassisted flare shall be designed for and operated with an 

exit velocity, as determined by the methods specified in paragraph (e)(3) of this section, 

of less than 18.3 m/s (60 ft/s), except as provided in paragraphs (d)(4) (ii) and (iii) of this 

section. 

(ii) A steam-assisted or nonassisted flare designed for and operated with an exit velocity, 

as determined by the methods specified in paragraph (e)(3) of this section, equal to or 

greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating 

value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf). 

(iii) A steam-assisted or nonassisted flare designed for and operated with an exit velocity, 

as determined by the methods specified in paragraph (e)(3) of this section, less than the 

velocity, Vmax, as determined by the method specified in paragraph (e)(4) of this section, 

and less than 122 m/s (400 ft/s) is allowed. 

(5) An air-assisted flare shall be designed and operated with an exit velocity less than the 

velocity, Vmax, as determined by the method specified in paragraph (e)(5) of this section. 

(6) A flare used to comply with this section shall be steam-assisted, air-assisted, or 

nonassisted. 

(e)(1) Reference Method 22 in 40 CFR part 60 shall be used to determine the compliance 

of a flare with the visible emission provisions of this subpart. The observation period is 2 

hours and shall be used according to Method 22. 

(2) The net heating value of the gas being combusted in a flare shall be calculated using 

the following equation: 

where: 

226
HT=Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas 

is based on combustion at 25 °C and 760 mm Hg, but the standard temperature for 

determining the volume corresponding to 1 mol is 20 °C; 

K=Constant, 1.74×10¥7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for 

(g mol/scm) is 20 °C; 

Ci=Concentration of sample component i in ppm on a wet basis, as measured for organics 

by Reference Method 18 in 40 CFR part 60 and measured for hydrogen and carbon 

monoxide by ASTM D 1946–82 (incorporated by reference as specified in § 260.11); and 

Hi=Net heat of combustion of sample component i, kcal/g mol at 25 °C and 760 mm Hg. 

The heats of combustion may be determined using ASTM D 2382–83 (incorporated by 

reference as specified in § 260.11) if published values are not available or cannot be 

calculated. 

(3) The actual exit velocity of a flare shall be determined by dividing the volumetric flow 

rate (in units of standard temperature and pressure), as determined by Reference Methods 

2, 2A,2C, or 2D in 40 CFR part 60 as appropriate, by the unobstructed (free) crosssectional area of the flare tip. 

(4) The maximum allowed velocity in m/s, Vmax, for a flare complying with paragraph 

(d)(4)(iii) of this section shall be determined by the following equation: 

Log10(Vmax)=(HT+28.8)/31.7 

where: 

HT=The net heating value as determined in paragraph (e)(2) of this section. 

28.8=Constant, 

31.7=Constant. 

(5) The maximum allowed velocity in m/s, Vmax, for an air-assisted flare shall be 

determined by the following equation: 

Vmax = 8.706 + 0.7084 (HT) 

where: 

8.706 = Constant. 

0.7084 = Constant. 

HT = The net heating value as determined in paragraph (e)(2) of this section. 

(f) The owner or operator shall monitor and inspect each control device required to 

comply with this section to ensure proper operation and maintenance of the control 

device by implementing the following requirements: 

(1) Install, calibrate, maintain, and operate according to the manufacturer's specifications 

a flow indicator that provides a record of vent stream flow from each affected process 

vent to the control device at least once every hour. The flow indicator sensor shall be 

227
installed in the vent stream at the nearest feasible point to the control device inlet, but 

before being combined with other vent streams. 

(2) Install, calibrate, maintain, and operate according to the manufacturer's specifications 

a device to continuously monitor control device operation as specified below: 

(i) For a thermal vapor incinerator, a temperature monitoring device equipped with a 

continuous recorder. The device shall have an accuracy of <±1 percent of the temperature 

being monitored in ° C or <±.5 ° C, whichever is greater. The temperature sensor shall be 

installed at a location in the combustion chamber downstream of the combustion zone. 

(ii) For a catalytic vapor incinerator, a temperature monitoring device equipped with a 

continuous recorder. The device shall be capable of monitoring temperature at two 

locations and have an accuracy of <±1 percent of the temperature being monitored in ° C 

or <±0.5 ° C, whichever is greater. One temperature sensor shall be installed in the vent 

stream at the nearest feasible point to the catalyst bed inlet and a second temperature 

sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed 

outlet. 

(iii) For a flare, a heat sensing monitoring device equipped with a continuous recorder 

that indicates the continuous ignition of the pilot flame. 

(iv) For a boiler or process heater having a design heat input capacity less than 44 MW, a 

temperature monitoring device equipped with a continuous recorder. The device shall 

have an accuracy of 1 percent of the temperature being monitored in ° C or <±0.5 °C, 

whichever is greater. The temperature sensor shall be installed at a location in the furnace 

downstream of the combustion zone. 

(v) For a boiler or process heater having a design heat input capacity greater than or equal 

to 44 MW, a monitoring device equipped with a continuous recorder to measure a 

parameter(s) that indicates good combustion operating practices are being used. 

(vi) For a condenser, either: 

(A) A monitoring device equipped with a continuous recorder to measure the 

concentration level of the organic compounds in the exhaust vent stream from the 

condenser; or 

(B) A temperature monitoring device equipped with a continuous recorder. The device 

shall be capable of monitoring temperature with an accuracy of <±1 percent of the 

temperature being monitored in degrees Celsius ( ° C) or <±.5 ° C, whichever is greater. 

The temperature sensor shall be installed at a location in the exhaust vent stream from the 

condenser exit (i.e., product side). 

(vii) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates 

the carbon bed directly in the control device, either: 

(A) A monitoring device equipped with a continuous recorder to measure the 

concentration level of the organic compounds in the exhaust vent stream from the carbon 

bed, or 

(B) A monitoring device equipped with a continuous recorder to measure a parameter 

that indicates the carbon bed is regenerated on a regular, predetermined time cycle. 

(3) Inspect the readings from each monitoring device required by paragraphs (f) (1) and 

(2) of this section at least once each operating day to check control device operation and, 

if necessary, immediately implement the corrective measures necessary to ensure the 

control device operates in compliance with the requirements of this section. 

228
(g) An owner or operator using a carbon adsorption system such as a fixed-bed carbon 

adsorber that regenerates the carbon bed directly onsite in the control device, shall 

replace the existing carbon in the control device with fresh carbon at a regular, pre 

determined time interval that is no longer than the carbon service life established as a 

requirement of Sec. 265.1035(b)(4)(iii)(F). 

(h) An owner or operator using a carbon adsorption system such as a carbon canister that 

does not regenerate the carbon bed directly onsite in the control device shall replace the 

existing carbon in the control device with fresh carbon on a regular basis by using one of 

the following procedures: 

(1) Monitor the concentration level of the organic compounds in the exhaust vent stream 

from the carbon adsorption system on a regular schedule and replace the existing carbon 

with fresh carbon immediately when carbon breakthrough is indicated. The monitoring 

frequency shall be daily or at an interval no greater than 20 percent of the time required 

to consume the total carbon working capacity established as a requirement of Sec. 

265.1035(b)(4)(iii)(G), whichever is longer. 

(2) Replace the existing carbon with fresh carbon at a regular, predetermined time 

interval that is less than the design carbon replacement interval established as a 

requirement of Sec. 265.1035(b)(4)(iii)(G). 

(i) An owner or operator of an affected facility seeking to comply with the provisions of 

this part by using a control device other than a thermal vapor incinerator, catalytic vapor 

incinerator, flare, boiler, process heater, condenser, or carbon adsorption system is 

required to develop documentation including sufficient information to describe the 

control device operation and identify the process parameter or parameters that indicate 

proper operation and maintenance of the control device. 

(j) A closed-vent system shall meet either of the following design requirements: 

(1) A closed-vent system shall be designed to operate with no detectable emissions, as 

indicated by an instrument reading of less than 500 ppmv above background as 

determined by the procedure in Sec. 265.1034(b) of this subpart, and by visual 

inspections; or 

(2) A closed-vent system shall be designed to operate at a pressure below atmospheric 

pressure. The system shall be equipped with at least one pressure gauge or other pressure 

measurement device that can be read from a readily accessible location to verify that 

negative pressure is being maintained in the closed-vent system when the control device 

is operating. 

(k) The owner or operator shall monitor and inspect each closed-vent system required to 

comply with this section to ensure proper operation and maintenance of the closed-vent 

system by implementing the following requirements: 

(1) Each closed-vent system that is used to comply with paragraph (j)(1) of this section 

shall be inspected and monitored in accordance with the following requirements: 

(i) An initial leak detection monitoring of the closed-vent system shall be conducted by 

the owner or operator on or before the date that the system becomes subject to this 

section. The owner or operator shall monitor the closed-vent system components and 

connections using the procedures specified in Sec. 265.1034(b) of this subpart to 

demonstrate that the closed-vent system operates with no detectable emissions, as 

indicated by an instrument reading of less than 500 ppmv above background. 

229
(ii) After initial leak detection monitoring required in paragraph (k)(1)(i) of this section, 

the owner or operator shall inspect and monitor the closed-vent system as follows: 

(A) Closed-vent system joints, seams, or other connections that are permanently or semipermanently sealed (e.g., a welded joint between two sections of hard piping or a bolted 

and gasketed ducting flange) shall be visually inspected at least once per year to check 

for defects that could result in air pollutant emissions. The owner or operator shall 

monitor a component or connection using the procedures specified in Sec. 265.1034(b) of 

this subpart to demonstrate that it operates with no detectable emissions following any 

time the component is repaired or replaced (e.g., a section of damaged hard piping is 

replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted). 

(B) Closed-vent system components or connections other than those specified in 

paragraph (k)(1)(ii)(A) of this section shall be monitored annually and at other times as 

requested by the Regional Administrator, except as provided for in paragraph (n) of this 

section, using the procedures specified in Sec. 265.1034(b) of this subpart to demonstrate 

that the components or connections operate with no detectable emissions. 

(iii) In the event that a defect or leak is detected, the owner or operator shall repair the 

defect or leak in accordance with the requirements of paragraph (k)(3) of this section. 

(iv) The owner or operator shall maintain a record of the inspection and monitoring in 

accordance with the requirements specified in Sec. 265.1035 of this subpart. 

(2) Each closed-vent system that is used to comply with paragraph (j)(2) of this section 

shall be inspected and monitored in accordance with the following requirements: 

(i) The closed-vent system shall be visually inspected by the owner or operator to check 

for defects that could result in air pollutant emissions. Defects include, but are not limited 

to, visible cracks, holes, or gaps in ductwork or piping or loose connections. 

(ii) The owner or operator shall perform an initial inspection of the closed-vent system on 

or before the date that the system becomes subject to this section. Thereafter, the owner 

or operator shall perform the inspections at least once every year. 

(iii) In the event that a defect or leak is detected, the owner or operator shall repair the 

defect in accordance with the requirements of paragraph (k)(3) of this section. 

(iv) The owner or operator shall maintain a record of the inspection and monitoring in 

accordance with the requirements specified in Sec. 265.1035 of this subpart. 

(3) The owner or operator shall repair all detected defects as follows: 

(i) Detectable emissions, as indicated by visual inspection, or by an instrument reading 

greater than 500 ppmv above background, shall be controlled as soon as practicable, but 

not later than 15 calendar days after the emission is detected, except as provided for in 

paragraph (k)(3)(iii) of this section. 

(ii) A first attempt at repair shall be made no later than 5 calendar days after the emission 

is detected. 

(iii) Delay of repair of a closed-vent system for which leaks have been detected is 

allowed if the repair is technically infeasible without a process unit shutdown, or if the 

owner or operator determines that emissions resulting from immediate repair would be 

greater than the fugitive emissions likely to result from delay of repair. Repair of such 

equipment shall be completed by the end of the next process unit shutdown. 

(iv) The owner or operator shall maintain a record of the defect repair in accordance with 

the requirements specified in Sec. 265.1035 of this subpart. 

230
(l) Closed-vent systems and control devices used to comply with provisions of this 

subpart shall be operated at all times when emissions may be vented to them. 

(m) The owner or operator using a carbon adsorption system to control air pollutant 

emissions shall document that all carbon that is a hazardous waste and that is removed 

from the control device is managed in one of the following manners, regardless of the 

average volatile organic concentration of the carbon: 

(1) Regenerated or reactivated in a thermal treatment unit that meets one of the following: 

(i) The owner or operator of the unit has been issued a final permit under 40 CFR part 

270 which implements the requirements of 40 CFR part 264 subpart X; or 

(ii) The unit is equipped with and operating air emission controls in accordance with the 

applicable requirements of subparts AA and CC of either this part or of 40 CFR part 264; 

or 

(iii) The unit is equipped with and operating air emission controls in accordance with a 

national emission standard for hazardous air pollutants under 40 CFR part 61 or 40 CFR 

part 63. 

(2) Incinerated in a hazardous waste incinerator for which the owner or operator either: 

(i) Has been issued a final permit under 40 CFR part 270 which implements the 

requirements of 40 CFR part 264, subpart O; or 

(ii) Has designed and operates the incinerator in accordance with the interim status 

requirements of subpart O of this part. 

(3) Burned in a boiler or industrial furnace for which the owner or operator either: 

(i) Has been issued a final permit under 40 CFR part 270 which implements the 

requirements of 40 CFR part 266, subpart H; or 

(ii) Has designed and operates the boiler or industrial furnace in accordance with the 

interim status requirements of 40 CFR part 266, subpart H. 

(n) Any components of a closed-vent system that are designated, as described in Sec. 

265.1035(c)(9) of this subpart, as unsafe to monitor are exempt from the requirements of 

paragraph (k)(1)(ii)(B) of this section if: 

(1) The owner or operator of the closed-vent system determines that the components of 

the closed-vent system are unsafe to monitor because monitoring personnel would be 

exposed to an immediate danger as a consequence of complying with paragraph 

(k)(1)(ii)(B) of this section; and 

(2) The owner or operator of the closed-vent system adheres to a written plan that 

requires monitoring the closed-vent system components using the procedure specified in 

paragraph (k)(1)(ii)(B) of this section as frequently as practicable during safe-to-monitor 

times. 

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996; 61 

FR 59969, Nov. 25, 1996; 62 FR 64661, Dec. 8, 1997] 

Sec. 265.1034: Test methods and procedures. 

(a) Each owner or operator subject to the provisions of this subpart shall comply with the 

test methods and procedures requirements provided in this section. 

231
(b) When a closed-vent system is tested for compliance with no detectable emissions, as 

required in Sec. 265.1033(k) of this subpart, the test shall comply with the following 

requirements: 

(1) Monitoring shall comply with Reference Method 21 in 40 CFR part 60. 

(2) The detection instrument shall meet the performance criteria of Reference Method 21. 

(3) The instrument shall be calibrated before use on each day of its use by the procedures 

specified in Reference Method 21. 

(4) Calibration gases shall be: 

(i) Zero air (less than 10 ppm of hydrocarbon in air). 

(ii) A mixture of methane or n-hexane and air at a concentration of approximately, but 

less than, 10,000 ppm methane or n-hexane. 

(5) The background level shall be determined as set forth in Reference Method 21. 

(6) The instrument probe shall be traversed around all potential leak interfaces as close to 

the interface as possible as described in Reference Method 21. 

(7) The arithmetic difference between the maximum concentration indicated by the 

instrument and the background level is compared with 500 ppm for determining 

compliance. 

(c) Performance tests to determine compliance with Sec. 265.1032(a) and with the total 

organic compound concentration limit of Sec.265.1033(c) shall comply with the 

following: 

(1) Performance tests to determine total organic compound concentrations and mass flow 

rates entering and exiting control devices shall be conducted and data reduced in 

accordance with the following reference methods and calculation procedures: 

(i) Method 2 in 40 CFR part 60 for velocity and volumetric flow rate. 

(ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for organic content. If 

Method 25A is used, the organic HAP used as the calibration gas must be the single 

organic HAP representing the largest percent by volume of the emissions. The use of 

Method 25A is acceptable if the response from the high-level calibration gas is at least 20 

times the standard deviation of the response from the zero calibration gas when the 

instrument is zeroed on the most sensitive scale. 

(iii) Each performance test shall consist of three separate runs; each run conducted for at 

least 1 hour under the conditions that exist when the hazardous waste management unit is 

operating at the highest load or capacity level reasonably expected to occur. For the 

purpose of determining total organic compound concentrations and mass flow rates, the 

average of results of all runs shall apply. The average shall be computed on a timeweighted basis. 

(iv) Total organic mass flow rates shall be determined by the following equation: 

(A) For sources utilizing Method 18. 

 

Where: 

Eh = Total organic mass flow rate, kg/h; 

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Qsd = Volumetric flow rate of gases entering or exiting control device, as determined by 

Method 2, dscm/h; 

n = Number of organic compounds in the vent gas; 

Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as 

determined by Method 18; 

MWi = Molecular weight of organic compound i in the vent gas, kg/kg-mol; 

0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg); 

10-6 = Conversion from ppm 

(v) The annual total organic emission rate shall be determined by the following equation: 

EA=(Eh) (H) 

where: 

EA=Total organic mass emission rate, kg/y; 

Eh=Total organic mass flow rate for the process vent, kg/h; 

H=Total annual hours of operations for the affected unit, h. 

(vi) Total organic emissions from all affected process vents at the facility shall be 

determined by summing the hourly total organic mass emission rates (Eh, as determined 

in paragraph (c)(1)(iv) of this section) and by summing the annual total organic mass 

emission rates (EA, as determined in paragraph (c)(1)(v) of this section) for all affected 

process vents at the facility. 

(2) The owner or operator shall record such process information as may be necessary to 

determine the conditions of the performance tests. Operations during periods of startup, 

shutdown, and malfunction shall not constitute representative conditions for the purpose 

of a performance test. 

(3) The owner or operator of an affected facility shall provide, or cause to be provided, 

performance testing facilities as follows: 

(i) Sampling ports adequate for the test methods specified in paragraph (c)(1) of this 

section. 

(ii) Safe sampling platform(s). 

(iii) Safe access to sampling platform(s). 

(iv) Utilities for sampling and testing equipment. 

(4) For the purpose of making compliance determinations, the time-weighted average of 

the results of the three runs shall apply. In the event that a sample is accidentally lost or 

conditions occur in which one of the three runs must be discontinued because of forced 

shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological 

conditions, or other circumstances beyond the owner or operator's control, compliance 

may, upon the Regional Administrator's approval, be determined using the average of the 

results of the two other runs. 

(d) To show that a process vent associated with a hazardous waste distillation, 

fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation 

is not subject to the requirements of this subpart, the owner or operator must make an 

initial determination that the time-weighted, annual average total organic concentration of 

233
the waste managed by the waste management unit is less than 10 ppmw using one of the 

following two methods: 

(1) Direct measurement of the organic concentration of the waste using the following 

procedures: 

(i) The owner or operator must take a minimum of four grab samples of waste for each 

waste stream managed in the affected unit under process conditions expected to cause the 

maximum waste organic concentration. 

(ii) For waste generated onsite, the grab samples must be collected at a point before the 

waste is exposed to the atmosphere such as in an enclosed pipe or other closed system 

that is used to transfer the waste after generation to the first affected distillation 

fractionation, thin-film evaporation, solvent extraction, or air or steam stripping 

operation. For waste generated offsite, the grab samples must be collected at the inlet to 

the first waste management unit that receives the waste provided the waste has been 

transferred to the facility in a closed system such as a tank truck and the waste is not 

diluted or mixed with other waste. 

(iii) Each sample shall be analyzed and the total organic concentration of the sample shall 

be computed using Method 9060A (incorporated by reference under Sec. 260.11 of this 

chapter) of ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 

EPA Publication SW-846; or analyzed for its individual organic constituents. 

 (iv) The arithmetic mean of the results of the analyses of the four samples shall apply for 

each waste stream managed in the unit in determining the time-weighted, annual average 

total organic concentration of the waste. The time-weighted average is to be calculated 

using the annual quantity of each waste stream processed and the mean organic 

concentration of each waste stream managed in the unit. 

(2) Using knowledge of the waste to determine that its total organic concentration is less 

than 10 ppmw. Documentation of the waste determination is required. Examples of 

documentation that shall be used to support a determination under this provision include 

production process information documenting that no organic compounds are used, 

information that the waste is generated by a process that is identical to a process at the 

same or another facility that has previously been demonstrated by direct measurement to 

generate a waste stream having a total organic content less than 10 ppmw, or prior 

speciation analysis results on the same waste stream where it can also be documented that 

no process changes have occurred since that analysis that could affect the waste total 

organic concentration. 

(e) The determination that distillation fractionation, thin-film evaporation, solvent 

extraction, or air or steam stripping operations manage hazardous wastes with timeweighted annual average total organic concentrations less than 10 ppmw shall be made as 

follows: 

(1) By the effective date that the facility becomes subject to the provisions of this subpart 

or by the date when the waste is first managed in a waste management unit, whichever is 

later; and 

(2) For continuously generated waste, annually; or 

(3) Whenever there is a change in the waste being managed or a change in the process 

that generates or treats the waste. 

(f) When an owner or operator and the Regional Administrator do not agree on whether a 

distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam 

234
stripping operation manages a hazardous waste with organic concentrations of at least 10 

ppmw based on knowledge of the waste, the dispute may be resolved using direct 

measurement as specified at paragraph (d)(1) of this section. 

§265.1035: Recordkeeping requirements. 

(a)(1) Each owner or operator subject to the provisions of this subpart shall comply with 

the recordkeeping requirements of this section. 

(2) An owner or operator of more than one hazardous waste management unit subject to 

the provisions of this subpart may comply with the recordkeeping requirements for these 

hazardous waste management units in one recordkeeping system if the system identifies 

each record by each hazardous waste management unit. 

(b) Owners and operators must record the following information in the facility operating 

record: 

(1) For facilities that comply with the provisions of Sec. 265.1033(a)(2), an 

implementation schedule that includes dates by which the closed-vent system and control 

device will be installed and in operation. The schedule must also include a rationale of 

why the installation cannot be completed at an earlier date. The implementation schedule 

must be in the facility operating record by the effective date that the facility becomes 

subject to the provisions of this subpart. 

(2) Up-to-date documentation of compliance with the process vent standards in Sec. 

265.1032, including: 

(i) Information and data identifying all affected process vents, annual throughput and 

operating hours of each affected unit, estimated emission rates for each affected vent and 

for the overall facility (i.e., the total emissions for all affected vents at the facility), and 

the approximate location within the facility of each affected unit (e.g., identify the 

hazardous waste management units on a facility plot plan); and 

(ii) Information and data supporting determinations of vent emissions and emission 

reductions achieved by add-on control devices based on engineering calculations or 

source tests. For the purpose of determining compliance, determinations of vent 

emissions and emission reductions must be made using operating parameter values (e.g., 

temperatures, flow rates or vent stream organic compounds and concentrations) that 

represent the conditions that result in maximum organic emissions, such as when the 

waste management unit is operating at the highest load or capacity level reasonably 

expected to occur. If the owner or operator takes any action (e.g., managing a waste of 

different composition or increasing operating hours of affected waste management units) 

that would result in an increase in total organic emissions from affected process vents at 

the facility, then a new determination is required. 

(3) Where an owner or operator chooses to use test data to determine the organic removal 

efficiency or total organic compound concentration achieved by the control device, a 

performance test plan. The test plan must include: 

(i) A description of how it is determined that the planned test is going to be conducted 

when the hazardous waste management unit is operating at the highest load or capacity 

level reasonably expected to occur. This shall include the estimated or design flow rate 

and organic content of each vent stream and define the acceptable operating ranges 

of key process and control device parameters during the test program. 

235
(ii) A detailed engineering description of the closed-vent system and control device 

including: 

(A) Manufacturer's name and model number of control device. 

(B) Type of control device. 

(C) Dimensions of the control device. 

(D) Capacity. 

(E) Construction materials. 

(iii) A detailed description of sampling and monitoring procedures, including sampling 

and monitoring locations in the system, the equipment to be used, sampling and 

monitoring frequency, and planned analytical procedures for sample analysis. 

(4) Documentation of compliance with Sec. 265.1033 shall include the following 

information: 

(i) A list of all information references and sources used in preparing the documentation. 

(ii) Records, including the dates, of each compliance test required by Sec. 265.1033(j). 

(iii) If engineering calculations are used, a design analysis, specifications, drawings, 

schematics, and piping and instrumentation diagrams based on the appropriate sections of 

``APTI Course 415: Control of Gaseous Emissions'' (incorporated by reference as 

specified in Sec. 260.11) or other engineering texts acceptable to the Regional 

Administrator that present basic control device design information. Documentation 

provided by the control device manufacturer or vendor that describes the control device 

design in accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this section 

may be used to comply with this requirement. The design analysis shall address the vent 

stream characteristics and control device operation parameters as specified below. 

(A) For a thermal vapor incinerator, the design analysis shall consider the vent stream 

composition, constituent concentrations, and flow rate. The design analysis shall also 

establish the design minimum and average temperature in the combustion zone and the 

combustion zone residence time. 

(B) For a catalytic vapor incinerator, the design analysis shall consider the vent stream 

composition, constituent concentrations, and flow rate. The design analysis shall also 

establish the design minimum and average temperatures across the catalyst bed inlet and 

outlet. 

(C) For a boiler or process heater, the design analysis shall consider the vent stream 

composition, constituent concentrations, and flow rate. The design analysis shall also 

establish the design minimum and average flame zone temperatures, combustion zone 

residence time, and description of method and location where the vent stream is 

introduced into the combustion zone. 

(D) For a flare, the design analysis shall consider the vent stream composition, 

constituent concentrations, and flow rate. The design analysis shall also consider the 

requirements specified in Sec. 265.1033(d). 

(E) For a condenser, the design analysis shall consider the vent stream composition, 

constituent concentrations, flow rate, relative humidity, and temperature. The design 

analysis shall also establish the design outlet organic compound concentration level, 

design average temperature of the condenser exhaust vent stream, and design average 

temperatures of the coolant fluid at the condenser inlet and outlet. 

(F) For a carbon adsorption system such as a fixed-bed adsorber that regenerates the 

carbon bed directly onsite in the control device, the design analysis shall consider the 

236
vent stream composition, constituent concentrations, flow rate, relative humidity, and 

temperature. The design analysis shall also establish the design exhaust vent stream 

organic compound concentration level, number and capacity of carbon beds, type and 

working capacity of activated carbon used for carbon beds, design total steam flow over 

the period of each complete carbon bed regeneration cycle, duration of the carbon bed 

steaming and cooling/drying cycles, design carbon bed temperature after regeneration, 

design carbon bed regeneration time, and design service life of carbon. 

(G) For a carbon adsorption system such as a carbon canister that does not regenerate the 

carbon bed directly onsite in the control device, the design analysis shall consider the 

vent stream composition, constituent concentrations, flow rate, relative humidity, and 

temperature. The design analysis shall also establish the design outlet organic 

concentration level, capacity of carbon bed, type and working capacity of activated 

carbon used for carbon bed, and design carbon replacement interval based on the total 

carbon working capacity of the control device and source operating schedule. 

(iv) A statement signed and dated by the owner or operator certifying that the operating 

parameters used in the design analysis reasonably represent the conditions that exist when 

the hazardous waste management unit is or would be operating at the highest load or 

capacity level reasonably expected to occur. 

(v) A statement signed and dated by the owner or operator certifying that the control 

device is designed to operate at an efficiency of 95 percent or greater unless the total 

organic concentration limit of Sec. 265.1032(a) is achieved at an efficiency less than 95 

weight percent or the total organic emission limits of Sec. 265.1032(a) for affected 

process vents at the facility can be attained by a control device involving vapor recovery 

at an efficiency less than 95 weight percent. A statement provided by the control device 

manufacturer or vendor certifying that the control equipment meets the design 

specifications may be used to comply with this requirement. 

(vi) If performance tests are used to demonstrate compliance, all test results. 

(c) Design documentation and monitoring, operating, and inspection information for each 

closed-vent system and control device required to comply with the provisions of this part 

shall be recorded and kept up-to-date in the facility operating record. The information 

shall include: 

(1) Description and date of each modification that is made to the closed-vent system or 

control device design. 

(2) Identification of operating parameter, description of monitoring device, and diagram 

of monitoring sensor location or locations used to comply with Sec. 265.1033(f)(1) and 

(f)(2). 

(3) Monitoring, operating and inspection information required by paragraphs (f) through 

(k) of Sec. 265.1033 of this subpart. 

(4) Date, time, and duration of each period that occurs while the control device is 

operating when any monitored parameter exceeds the value established in the control 

device design analysis as specified below: 

(i) For a thermal vapor incinerator designed to operate with a minimum residence time of 

0.50 seconds at a minimum temperature of 760 [deg]C, period when the combustion 

temperature is below 760 [deg]C. 

(ii) For a thermal vapor incinerator designed to operate with an organic emission 

reduction efficiency of 95 percent or greater, period when the combustion zone 

237
temperature is more than 28 [deg]C below the design average combustion zone 

temperature established as a requirement of paragraph (b)(4)(iii)(A) of this section. 

(iii) For a catalytic vapor incinerator, period when: 

(A) Temperature of the vent stream at the catalyst bed inlet is more than 28 [deg]C below 

the average temperature of the inlet vent stream established as a requirement of paragraph 

(b)(4)(iii)(B) of this section; or 

(B) Temperature difference across the catalyst bed is less than 80 percent of the design 

average temperature difference established as a requirement of paragraph (b)(4)(iii)(B) of 

this section. 

(iv) For a boiler or process heater, period when: 

(A) Flame zone temperature is more than 28 [deg]C below the design average flame zone 

temperature established as a requirement of paragraph (b)(4)(iii)(C) of this section; or 

(B) Position changes where the vent stream is introduced to the combustion zone from 

the location established as a requirement of paragraph (b)(4)(iii)(C) of this section. 

(v) For a flare, period when the pilot flame is not ignited. 

(vi) For a condenser that complies with Sec. 265.1033(f)(2)(vi)(A), period when the 

organic compound concentration level or readings of organic compounds in the exhaust 

vent stream from the condenser are more than 20 percent greater than the design outlet 

organic compound concentration level established as a requirement of paragraph 

(b)(4)(iii)(E) of this section. 

(vii) For a condenser that complies with Sec. 265.1033(f)(2)(vi)(B), period when: 

(A) Temperature of the exhaust vent stream from the condenser is more than 6 [deg]C 

above the design average exhaust vent stream temperature established as a requirement of 

paragraph (b)(4)(iii)(E) of this section; or 

(B) Temperature of the coolant fluid exiting the condenser is more than 6 [deg]C above 

the design average coolant fluid temperature at the condenser outlet established as a 

requirement of paragraph (b)(4)(iii)(E) of this section. 

(viii) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates 

the carbon bed directly onsite in the control device and complies with Sec. 

265.1033(f)(2)(vii)(A), period when the organic compound concentration level or 

readings of organic compounds in the exhaust vent stream from the carbon bed are more 

than 20 percent greater than the design exhaust vent stream organic compound 

concentration level established as a requirement of paragraph (b)(4)(iii)(F) of this section. 

(ix) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates 

the carbon bed directly onsite in the control device and complies with Sec. 

265.1033(f)(2)(vii)(B), period when the vent stream continues to flow through the control 

device beyond the predetermined carbon bed regeneration time established as a 

requirement of paragraph (b)(4)(iii)(F) of this section. 

(5) Explanation for each period recorded under paragraph (c)(4) of this section of the 

cause for control device operating parameter exceeding the design value and the 

measures implemented to correct the control device operation. 

(6) For carbon adsorption systems operated subject to requirements specified in Sec. 

265.1033(g) or Sec. 265.1033(h)(2), date when existing carbon in the control device is 

replaced with fresh carbon. 

(7) For carbon adsorption systems operated subject to requirements specified in Sec. 

265.1033(h)(1), a log that records: 

238
(i) Date and time when control device is monitored for carbon breakthrough and the 

monitoring device reading. 

(ii) Date when existing carbon in the control device is replaced with fresh carbon. 

(8) Date of each control device startup and shutdown. 

(9) An owner or operator designating any components of a closed-vent system as unsafe 

to monitor pursuant to Sec. 265.1033(n) of this subpart shall record in a log that is kept in 

the facility operating record the identification of closed-vent system components that are 

designated as unsafe to monitor in accordance with the requirements of Sec. 265.1033(n) 

of this subpart, an explanation for each closed-vent system component stating why the 

closed-vent system component is unsafe to monitor, and the plan for monitoring each 

closed-vent system component. 

(10) When each leak is detected as specified in Sec. 265.1033(k) of this subpart, the 

following information shall be recorded: 

(i) The instrument identification number, the closed-vent system component 

identification number, and the operator name, initials, or identification number. 

(ii) The date the leak was detected and the date of first attempt to repair the leak. 

(iii) The date of successful repair of the leak. 

(iv) Maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix 

A after it is successfully repaired or determined to be nonrepairable. 

(v) ``Repair delayed'' and the reason for the delay if a leak is not repaired within 15 

calendar days after discovery of the leak. 

(A) The owner or operator may develop a written procedure that identifies the conditions 

that justify a delay of repair. In such cases, reasons for delay of repair may be 

documented by citing the relevant sections of the written procedure. 

(B) If delay of repair was caused by depletion of stocked parts, there must be 

documentation that the spare parts were sufficiently stocked on-site before depletion and 

the reason for depletion. 

(d) Records of the monitoring, operating, and inspection information required by 

paragraphs (c)(3) through (c)(10) of this section shall be maintained by the owner or 

operator for at least 3 years following the date of each occurrence, measurement, 

maintenance, corrective action, or record. 

(e) For a control device other than a thermal vapor incinerator, catalytic vapor 

incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, 

monitoring and inspection information indicating proper operation and maintenance of 

the control device must be recorded in the facility operating record. 

(f) Up-to-date information and data used to determine whether or not a process vent is 

subject to the requirements in Sec. 265.1032 including supporting documentation as 

required by Sec. 265.1034(d)(2) when application of the knowledge of the nature of the 

hazardous waste stream or the process by which it was produced is used, shall be 

recorded in a log that is kept in the facility operating record. 

[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 

61 FR 59970, Nov. 25, 1996] 

§265.1036-265.1049: [Reserved] 

239
Subpart BB: Air Emission Standards for Equipment Leaks 

 

§265.1050: Applicability. 

 Source: 55 FR 25512, June 21, 1990, unless otherwise noted. 

(a) The regulations in this subpart apply to owners and operators of facilities that treat, 

store, or dispose of hazardous wastes (except as provided in Sec. 265.1). 

(b) Except as provided in Sec. 265.1064(k), this subpart applies to equipment that 

contains or contacts hazardous wastes with organic concentrations of at least 10 percent 

by weight that are managed in one of the following: 

(1) A unit that is subject to the permitting requirements of 40 CFR part 270, or 

(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting 

under the provisions of 40 CFR 262.34(a) (i.e., a hazardous waste recycling unit that is 

not a 90-day tank or container) and that is located at a hazardous waste management 

facility otherwise subject to the permitting requirements of 40 CFR part 270, or 

(3) A unit that is exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., 

a ``90-day'' tank or container) and is not a recycling unit under the provisions of 40 CFR 

261.6. 

(c) Each piece of equipment to which this subpart applies shall be marked in such a 

manner that it can be distinguished readily from other pieces of equipment. 

(d) Equipment that is in vacuum service is excluded from the requirements of Sec. 

265.1052 to Sec. 265.1060 if it is identified as required in Sec. 265.1064(g)(5). 

(e) Equipment that contains or contacts hazardous waste with an organic concentration of 

at least 10 percent by weight for less than 300 hours per calendar year is excluded from 

the requirements of Sec. Sec. 265.1052 through 265.1060 of this subpart if it is identified, 

as required in Sec. 265.1064(g)(6) of this subpart. 

(f) The requirements of this subpart do not apply to the pharmaceutical manufacturing 

facility, commonly referred to as the Stonewall Plant, located at Route 340 South, Elkton, 

Virginia, provided that facility is operated in compliance with the requirements contained 

in a Clean Air Act permit issued pursuant to 40 CFR 52.2454. The requirements of this 

subpart shall apply to the facility upon termination of the Clean Air Act permit issued 

pursuant to 40 CFR 52.2454. 

(g) Purged coatings and solvents from surface coating operations subject to the national 

emission standards for hazardous air pollutants (NESHAP) for the surface coating of 

automobiles and light-duty trucks at 40 CFR part 63, subpart IIII, are not subject to the 

requirements of this subpart. 

[Note: The requirements of Sec. Sec. 265.1052 through 265.1064 apply to equipment 

associated with hazardous waste recycling units previously exempt under paragraph 

261.6(c)(1). Other exemptions under Sec. Sec. 261.4 and 265.1(c) are not affected by 

these requirements.] 

[55 FR 25512, June 21, 1990, as amended at 61 FR 59970, Nov. 25, 1996; 62 FR 52642, 

Oct. 8, 1997; 62 FR 64661, Dec. 8, 1997; 69 FR 22661, Apr. 26, 2004] 

240
§265.1051: Definitions. 

 As used in this subpart, all terms shall have the meaning given them in Sec. 264.1031, 

the Act, and parts 260-266. 

§265.1052: Standards: Pumps in light liquid service. 

(a)(1) Each pump in light liquid service shall be monitored monthly to detect leaks by the 

methods specified in Sec. 265.1063(b), except as provided in paragraphs (d), (e), and (f) 

of this section. 

(2) Each pump in light liquid service shall be checked by visual inspection each calendar 

week for indications of liquids dripping from the pump seal. 

(b)(1) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected. 

(2) If there are indications of liquids dripping from the pump seal, a leak is detected. 

(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later 

than 15 calendar days after it is detected, except as provided in Sec. 265.1059. 

(2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later 

than 5 calendar days after each leak is detected. 

(d) Each pump equipped with a dual mechanical seal system that includes a barrier fluid 

system is exempt from the requirements of paragraph (a), provided the following 

requirements are met: 

(1) Each dual mechanical seal system must be: 

(i) Operated with the barrier fluid at a pressure that is at all times greater than the pump 

stuffing box pressure, or 

(ii) Equipped with a barrier fluid degassing reservoir that is connected by a closed-vent 

system to a control device that complies with the requirements of Sec. 265.1060, or 

(iii) Equipped with a system that purges the barrier fluid into a hazardous waste stream 

with no detectable emissions to the atmosphere. 

(2) The barrier fluid system must not be a hazardous waste with organic concentrations 

10 percent or greater by weight. 

(3) Each barrier fluid system must be equipped with a sensor that will detect failure of the 

seal system, the barrier fluid system or both. 

(4) Each pump must be checked by visual inspection, each calendar week, for indications 

of liquids dripping from the pump seals. 

(5)(i) Each sensor as described in paragraph (d)(3) of this section must be checked daily 

or be equipped with an audible alarm that must be checked monthly to ensure that it is 

functioning properly. 

(ii) The owner or operator must determine, based on design considerations and operating 

experience, a criterion that indicates failure of the seal system, the barrier fluid system, or 

both. 

(6)(i) If there are indications of liquids dripping from the pump seal or the sensor 

indicates failure of the seal system, the barrier fluid system, or both based on the criterion 

determined in paragraph (d)(5)(ii) of this section, a leak is detected. 

(ii) When a leak is detected, it shall be repaired as soon as practicable, but not later than 

15 calendar days after it is detected, except as provided in Sec. 265.1059. 

241
(iii) A first attempt at repair (e.g., relapping the seal) shall be made no later than 5 

calendar days after each leak is detected. 

(e) Any pump that is designated, as described in Sec. 265.1064(g)(2), for no detectable 

emissions, as indicated by an instrument reading of less than 500 ppm above background, 

is exempt from the requirements of paragraphs (a), (c), and (d) of this section if the pump 

meets the following requirements: 

(1) Must have no externally actuated shaft penetrating the pump housing. 

(2) Must operate with no detectable emissions as indicated by an instrument reading of 

less than 500 ppm above background as measured by the methods specified in Sec. 

265.1063(c). 

(3) Must be tested for compliance with paragraph (e)(2) of this section initially upon 

designation, annually, and at other times as requested by the Regional Administrator. 

(f) If any pump is equipped with a closed-vent system capable of capturing and 

transporting any leakage from the seal or seals to a control device that complies with the 

requirements of Sec. 265.1060, it is exempt from the requirements of paragraphs (a) 

through (e) of this section. 

[55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991] 

§. 265.1053: Standards: Compressors. 

(a) Each compressor shall be equipped with a seal system that includes a barrier fluid 

system and that prevents leakage of total organic emissions to the atmosphere, except as 

provided in paragraphs (h) and (i) of this section. 

(b) Each compressor seal system as required in paragraph (a) of this section shall be: 

(1) Operated with the barrier fluid at a pressure that is at all times greater than the 

compressor stuffing box pressure, or 

(2) Equipped with a barrier fluid system that is connected by a closed-vent system to a 

control device that complies with the requirements of Sec. 265.1060, or 

(3) Equipped with a system that purges the barrier fluid into a hazardous waste stream 

with no detectable emissions to atmosphere. 

(c) The barrier fluid must not be a hazardous waste with organic concentrations 10 

percent or greater by weight. 

(d) Each barrier fluid system as described in paragraphs (a) through (c) of this section 

shall be equipped with a sensor that will detect failure of the seal system, barrier fluid 

system, or both. 

(e)(1) Each sensor as required in paragraph (d) of this section shall be checked daily or 

shall be equipped with an audible alarm that must be checked monthly to ensure that it is 

functioning properly unless the compressor is located within the boundary of an 

unmanned plant site, in which case the sensor must be checked daily. 

(2) The owner or operator shall determine, based on design considerations and operating 

experience, a criterion that indicates failure of the seal system, the barrier fluid system or 

both. 

(f) If the sensor indicates failure of the seal system, the barrier fluid system, or both based 

on the criterion determined under paragraph (e)(2) of this section, a leak is detected. 

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(g)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later 

than 15 calendar days after it is detected, except as provided in Sec. 265.1059. 

(2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later 

than 5 calendar days after each leak is detected. 

(h) A compressor is exempt from the requirements of paragraphs (a) and (b) of this 

section if it is equipped with a closed-vent system capable of capturing and transporting 

any leakage from the seal to a control device that complies with the requirements of Sec. 

265.1060, except as provided in paragraph (i) of this section. 

(i) Any compressor that is designated, as described in Sec. 265.1064(g)(2), for no 

detectable emission as indicated by an instrument reading of less than 500 ppm above 

background is exempt from the requirements of paragraphs (a) through (h) of this section 

if the compressor: 

(1) Is determined to be operating with no detectable emissions, as indicated by an 

instrument reading of less than 500 ppm above background, as measured by the method 

specified in Sec. 265.1063(c). 

(2) Is tested for compliance with paragraph (i)(1) of this section initially upon 

designation, annually, and at other times as requested by the Regional Administrator. 

§265.1054: Standards: Pressure relief devices in gas/vapor service. 

(a) Except during pressure releases, each pressure relief device in gas/vapor service shall 

be operated with no detectable emissions, as indicated by an instrument reading of less 

than 500 ppm above background, as measured by the method specified in Sec. 

265.1063(c). 

(b)(1) After each pressure release, the pressure relief device shall be returned to a 

condition of no detectable emissions, as indicated by an instrument reading of less than 

500 ppm above background, as soon as practicable, but no later than 5 calendar days after 

each pressure release, except as provided in Sec. 265.1059. 

(2) No later than 5 calendar days after the pressure release, the pressure relief device shall 

be monitored to confirm the condition of no detectable emissions, as indicated by an 

instrument reading of less than 500 ppm above background, as measured by the method 

specified in Sec. 265.1063(c). 

(c) Any pressure relief device that is equipped with a closed-vent system capable of 

capturing and transporting leakage from the pressure relief device to a control device as 

described in Sec. 265.1060 is exempt from the requirements of paragraphs (a) and (b) of 

this section. 

§265.1055: Standards: Sampling connection systems. 

(a) Each sampling connection system shall be equipped with a closed-purge, closed-loop, 

or closed-vent system. This system shall collect the sample purge for return to the process 

or for routing to the appropriate treatment system. Gases displaced during filling of the 

sample container are not required to be collected or captured. 

(b) Each closed-purge, closed-loop, or closed-vent system as required in paragraph (a) of 

this section shall: 

(1) Return the purged process fluid directly to the process line; or 

243
(2) Collect and recycle the purged process fluid; or 

(3) Be designed and operated to capture and transport all the purged process fluid to a 

waste management unit that complies with the applicable requirements of Sec. 265.1085

through Sec. 265.1087 of this subpart or a control device that complies with the 

requirements of Sec. 265.1060 of this subpart. 

(c) In-situ sampling systems and sampling systems without purges are exempt from the 

requirements of paragraphs (a) and (b) of this section. 

[61 FR 59971, Nov. 25, 1996] 

§265.1056: Standards: Open-ended valves or lines. 

(a)(1) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a 

second valve. 

(2) The cap, blind flange, plug, or second valve shall seal the open end at all times except 

during operations requiring hazardous waste stream flow through the open-ended valve 

or line. 

(b) Each open-ended valve or line equipped with a second valve shall be operated in a 

manner such that the valve on the hazardous waste stream end is closed before the second 

valve is closed. 

(c) When a double block and bleed system is being used, the bleed valve or line may 

remain open during operations that require venting the line between the block valves but 

shall comply with paragraph (a) of this section at all other times. 

§265.1057: Standards: Valves in gas/vapor service or in light liquid service. 

(a) Each valve in gas/vapor or light liquid service shall be monitored monthly to detect 

leaks by the methods specified in Sec. 265.1063(b) and shall comply with paragraphs (b) 

through (e) of this section, except as provided in paragraphs (f), (g), and (h) of this 

section, and Sec. Sec. 265.1061 and 265.1062. 

(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected. 

(c)(1) Any valve for which a leak is not detected for two successive months may be 

monitored the first month of every succeeding quarter, beginning with the next quarter, 

until a leak is detected. 

(2) If a leak is detected, the valve shall be monitored monthly until a leak is not detected 

for 2 successive months. 

(d)(1) When a leak is detected, it shall be repaired as soon as practicable, but no later than 

15 calendar days after the leak is detected, except as provided in Sec. 265.1059. 

(2) A first attempt at repair shall be made no later than 5 calendar days after each leak is 

detected. 

(e) First attempts at repair include, but are not limited to, the following best practices 

where practicable: 

(1) Tightening of bonnet bolts. 

(2) Replacement of bonnet bolts. 

(3) Tightening of packing gland nuts. 

(4) Injection of lubricant into lubricated packing. 

244
(f) Any valve that is designated, as described in Sec. 265.1064(g)(2), for no detectable 

emissions, as indicated by an instrument reading of less than 500 ppm above background, 

is exempt from the requirements of paragraph (a) of this section if the valve: 

(1) Has no external actuating mechanism in contact with the hazardous waste stream. 

(2) Is operated with emissions less than 500 ppm above background as determined by the 

method specified in Sec. 265.1063(c). 

(3) Is tested for compliance with paragraph (f)(2) of this section initially upon 

designation, annually, and at other times as requested by the Regional Administrator. 

(g) Any valve that is designated, as described in Sec. 265.1064(h)(1), as an unsafe-tomonitor valve is exempt from the requirements of paragraph (a) of this section if: 

(1) The owner or operator of the valve determines that the valve is unsafe to monitor 

because monitoring personnel would be exposed to an immediate danger as a 

consequence of complying with paragraph (a) of this section. 

(2) The owner or operator of the valve adheres to a written plan that requires monitoring 

of the valve as frequently as practicable during safe-to-monitor times. 

(h) Any valve that is designated, as described in Sec. 265.1064(h)(2), as a difficult-tomonitor valve is exempt from the requirements of paragraph (a) of this section if: 

(1) The owner or operator of the valve determines that the valve cannot be monitored 

without elevating the monitoring personnel more than 2 meters above a support surface. 

(2) The hazardous waste management unit within which the valve is located was in 

operation before June 21, 1990. 

(3) The owner or operator of the valve follows a written plan that requires monitoring of 

the valve at least once per calendar year. 

§265.1058: Standards: Pumps and valves in heavy liquid service, pressure relief 

devices in light liquid or heavy liquid service, and flanges and other connectors. 

(a) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or 

heavy liquid service, and flanges and other connectors shall be monitored within 5 days 

by the method specified in Sec. 265.1063(b) if evidence of a potential leak is found by 

visual, audible, olfactory, or any other detection method. 

(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected. 

(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later 

than 15 calendar days after it is detected, except as provided in Sec. 265.1059. 

(2) The first attempt at repair shall be made no later than 5 calendar days after each leak 

is detected. 

(d) First attempts at repair include, but are not limited to, the best practices described 

under Sec. 265.1057(e). 

(e) Any connector that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain, 

glass, or glass-lined) is exempt from the monitoring requirements of paragraph (a) of this 

section and from the recordkeeping requirements of Sec. 265.1064 of this subpart. 

[55 FR 25512, June 21, 1990, as amended at 61 FR 59971, Nov. 25, 1996] 

§265.1059: Standards: Delay of repair. 

245
(a) Delay of repair of equipment for which leaks have been detected will be allowed if the 

repair is technically infeasible without a hazardous waste management unit shutdown. In 

such a case, repair of this equipment shall occur before the end of the next hazardous 

waste management unit shutdown. 

(b) Delay of repair of equipment for which leaks have been detected will be allowed for 

equipment that is isolated from the hazardous waste management unit and that does not 

continue to contain or contact hazardous waste with organic concentrations at least 10 

percent by weight. 

(c) Delay of repair for valves will be allowed if: 

(1) The owner or operator determines that emissions of purged material resulting from 

immediate repair are greater than the emissions likely to result from delay of repair. 

(2) When repair procedures are effected, the purged material is collected and destroyed or 

recovered in a control device complying with Sec. 265.1060. 

(d) Delay of repair for pumps will be allowed if: 

(1) Repair requires the use of a dual mechanical seal system that includes a barrier fluid 

system. 

(2) Repair is completed as soon as practicable, but not later than 6 months after the leak 

was detected. 

(e) Delay of repair beyond a hazardous waste management unit shutdown will be allowed 

for a valve if valve assembly replacement is necessary during the hazardous waste 

management unit shutdown, valve assembly supplies have been depleted, and valve 

assembly supplies had been sufficiently stocked before the supplies were depleted. Delay 

of repair beyond the next hazardous waste management unit shutdown will not be 

allowed unless the next hazardous waste management unit shutdown occurs sooner than 6 

months after the first hazardous waste management unit shutdown. 

§265.1060: Standards: Closed-vent systems and control devices. 

(a) Owners and operators of closed-vent systems and control devices subject to this 

subpart shall comply with the provisions of Sec. 265.1033 of this part. 

(b)(1) The owner or operator of an existing facility who can not install a closed-vent 

system and control device to comply with the provisions of this subpart on the effective 

date that the facility becomes subject to the provisions of this subpart must prepare an 

implementation schedule that includes dates by which the closed-vent system and control 

device will be installed and in operation. The controls must be installed as soon as 

possible, but the implementation schedule may allow up to 30 months after the effective 

date that the facility becomes subject to this subpart for installation and startup. 

(2) Any units that begin operation after December 21, 1990, and are subject to the 

provisions of this subpart when operation begins, must comply with the rules 

immediately (i.e., must have control devices installed and operating on startup of the 

affected unit); the 30-month implementation schedule does not apply. 

(3) The owner or operator of any facility in existence on the effective date of a statutory 

or EPA regulatory amendment that renders the facility subject to this subpart shall 

comply with all requirements of this subpart as soon as practicable but no later than 30 

months after the amendment's effective date. When control equipment required by this 

subpart can not be installed and begin operation by the effective date of the amendment, 

246
the facility owner or operator shall prepare an implementation schedule that includes the 

following information: Specific calendar dates for award of contracts or issuance of 

purchase orders for the control equipment, initiation of on-site installation of the control 

equipment, completion of the control equipment installation, and performance of any 

testing to demonstrate that the installed equipment meets the applicable standards of this 

subpart. The owner or operator shall enter the implementation schedule in the operating 

record or in a permanent, readily available file located at the facility. 

(4) Owners and operators of facilities and units that become newly subject to the 

requirements of this subpart after December 8, 1997 due to an action other than those 

described in paragraph (b)(3) of this section must comply with all applicable 

requirements immediately (i.e., must have control devices installed and operating on the 

date the facility or unit becomes subject to this subpart; the 30-month implementation 

schedule does not apply). 

[62 FR 64662, Dec. 8, 1997] 

§265.1061: Alternative standards for valves in gas/vapor service or in light liquid 

service: percentage of valves allowed to leak. 

(a) An owner or operator subject to the requirements of Sec. 265.1057 may elect to have 

all valves within a hazardous waste management unit comply with an alternative standard 

which allows no greater than 2 percent of the valves to leak. 

(b) The following requirements shall be met if an owner or operator decides to comply 

with the alternative standard of allowing 2 percent of valves to leak: 

(1) A performance test as specified in paragraph (c) of this section shall be conducted 

initially upon designation, annually, and at other times requested by the Regional 

Administrator. 

(2) If a valve leak is detected, it shall be repaired in accordance with Sec. 265.1057 (d) 

and (e). 

(c) Performance tests shall be conducted in the following manner: 

(1) All valves subject to the requirements in Sec. 265.1057 within the hazardous waste 

management unit shall be monitored within 1 week by the methods specified in Sec. 

265.1063(b). 

(2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected. 

(3) The leak percentage shall be determined by dividing the number of valves subject to 

the requirements in Sec. 265.1057 for which leaks are detected by the total number of 

valves subject to the requirements in Sec. 265.1057 within the hazardous waste 

management unit. 

[55 FR 25512, June 21, 1990, as amended at 71 FR 16912, Apr. 4, 2006] 

§265.1062: Alternative standards for valves in gas/vapor service or in light liquid 

service: skip period leak detection and repair. 

247
(a)An owner or operator subject to the requirements of Sec. 265.1057 may elect for all 

valves within a hazardous waste management unit to comply with one of the alternative 

work practices specified in paragraphs (b) (2) and (3) of this section. 

(b)(1) An owner or operator shall comply with the requirements for valves, as described 

in Sec. 265.1057, except as described in paragraphs (b)(2) and (b)(3) of this section. 

(2) After two consecutive quarterly leak detection periods with the percentage of valves 

leaking equal to or less than 2 percent, an owner or operator may begin to skip one of the 

quarterly leak detection periods (i.e., monitor for leaks once every six months) for the 

valves subject to the requirements in Sec. 265.1057 of this subpart. 

(3) After five consecutive quarterly leak detection periods with the percentage of valves 

leaking equal to or less than 2 percent, an owner or operator may begin to skip three of 

the quarterly leak detection periods (i.e., monitor for leaks once every year) for the valves 

subject to the requirements in Sec. 265.1057 of this subpart. 

(4) If the percentage of valves leaking is greater than 2 percent, the owner or operators 

shall monitor monthly in compliance with the requirements in Sec. 265.1057, but may 

again elect to use this section after meeting the requirements of Sec. 265.1057(c)(1). 

[55 FR 25512, June 21, 1990, as amended at 62 FR 64662, Dec. 8, 1997; 71 FR 16912, 

Apr. 4, 2006] 

§265.1063: Test methods and procedures. 

(a) Each owner or operator subject to the provisions of this subpart shall comply with the 

test methods and procedures requirements provided in this section. 

(b) Leak detection monitoring, as required in Sec. Sec. 265.1052 through 265.1062, shall 

comply with the following requirements: 

(1) Monitoring shall comply with Reference Method 21 in 40 CFR part 60. 

(2) The detection instrument shall meet the performance criteria of Reference Method 21. 

(3) The instrument shall be calibrated before use on each day of its use by the procedures 

specified in Reference Method 21. 

(4) Calibration gases shall be: 

(i) Zero air (less than 10 ppm of hydrocarbon in air). 

(ii) A mixture of methane or n-hexane and air at a concentration of approximately, but 

less than, 10,000 ppm methane or n-hexane. 

(5) The instrument probe shall be traversed around all potential leak interfaces as close to 

the interface as possible as described in Reference Method 21. 

(c) When equipment is tested for compliance with no detectable emissions, as required in 

Sec. Sec. 265.1052(e), 265.1053(i), 265.1054, and 265.1057(f), the test shall comply with 

the following requirements: 

(1) The requirements of paragraphs (b) (1) through (4) of this section shall apply. 

(2) The background level shall be determined, as set forth in Reference Method 21. 

(3) The instrument probe shall be traversed around all potential leak in ter faces as close 

to the interface as possible as described in Reference Method 21. 

(4) The arithmetic difference between the maximum concentration indicated by the 

instrument and the background level is compared with 500 ppm for determining 

compliance. 

248
(d) In accordance with the waste analysis plan required by Sec. 265.13(b), an owner or 

operator of a facility must determine, for each piece of equipment, whether the equipment 

contains or contacts a hazardous waste with organic concentration that equals or exceeds 

10 percent by weight using the following: 

(1) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85 

(incorporated by reference under Sec. 260.11); 

(2) Method 9060A (incorporated by reference under Sec. 260.11 of this chapter) of ``Test 

Methods for Evaluating Solid Waste,'' EPA Publication SW-846 or analyzed for its 

individual organic constituents; or 

 (3) Application of the knowledge of the nature of the hazardous waste stream or the 

process by which it was produced. Documentation of a waste determination by 

knowledge is required. Examples of documentation that shall be used to support a 

determination under this provision include production process information documenting 

that no organic compounds are used, information that the waste is generated by a process 

that is identical to a process at the same or another facility that has previously been 

demonstrated by direct measurement to have a total organic content less than 10 percent, 

or prior speciation analysis results on the same waste stream where it can also be 

documented that no process changes have occurred since that analysis that could affect 

the waste total organic concentration. 

(e) If an owner or operator determines that a piece of equipment contains or contacts a 

hazardous waste with organic concentrations at least 10 percent by weight, the 

determination can be revised only after following the procedures in paragraph (d)(1) or 

(d)(2) of this section. 

(f) When an owner or operator and the Regional Administrator do not agree on whether a 

piece of equipment contains or contacts a hazardous waste with organic concentrations at 

least 10 percent by weight, the procedures in paragraph (d)(1) or (d)(2) of this section can 

be used to resolve the dispute. 

(g) Samples used in determining the percent organic content shall be representative of the 

highest total organic content hazardous waste that is expected to be contained in or 

contact the equipment. 

(h) To determine if pumps or valves are in light liquid service, the vapor pressures of 

constituents may be obtained from standard reference texts or may be determined by 

ASTM D-2879-86 (incorporated by reference under Sec. 260.11). 

(i) Performance tests to determine if a control device achieves 95 weight percent organic 

emission reduction shall comply with the procedures of Sec. 265.1034 (c)(1) through 

(c)(4). 

[55 FR 25512, June 21, 1990, as amended at 62 FR 32463, June 13, 1997] 

§265.1064: Recordkeeping requirements. 

(a)(1) Each owner or operator subject to the provisions of this subpart shall comply with 

the recordkeeping requirements of this section. 

(2) An owner or operator of more than one hazardous waste management unit subject to 

the provisions of this subpart may comply with the recordkeeping requirements for these 

249
hazardous waste management units in one recordkeeping system if the system identifies 

each record by each hazardous waste management unit. 

(b) Owners and operators must record the following information in the facility operating 

record: 

(1) For each piece of equipment to which subpart BB of part 265 applies: 

(i) Equipment identification number and hazardous waste management unit identification. 

(ii) Approximate locations within the facility (e.g., identify the hazardous waste 

management unit on a facility plot plan). 

(iii) Type of equipment (e.g., a pump or pipeline valve). 

(iv) Percent-by-weight total organics in the hazardous waste stream at the equipment. 

(v) Hazardous waste state at the equipment (e.g., gas/vapor or liquid). 

(vi) Method of compliance with the standard (e.g., ``monthly leak detection and repair'' or 

``equipped with dual mechanical seals''). 

(2) For facilities that comply with the provisions of Sec. 265.1033(a)(2), an 

implementation schedule as specified in Sec. 265.1033(a)(2). 

(3) Where an owner or operator chooses to use test data to demonstrate the organic 

removal efficiency or total organic compound concentration achieved by the control 

device, a performance test plan as specified in Sec. 265.1035(b)(3). 

(4) Documentation of compliance with Sec. 265.1060, including the detailed design 

documentation or performance test results specified in Sec. 265.1035(b)(4). 

(c) When each leak is detected as specified in Sec. Sec. 265.1052, 265.1053, 265.1057, 

and 265.1058, the following requirements apply: 

(1) A weatherproof and readily visible identification, marked with the equipment 

identification number, the date evidence of a potential leak was found in accordance with 

Sec. 265.1058(a), and the date the leak was detected, shall be attached to the leaking 

equipment. 

(2) The identification on equipment, except on a valve, may be removed after it has been 

repaired. 

(3) The identification on a valve may be removed after it has been monitored for 2 

successive months as specified in Sec. 265.1057(c) and no leak has been detected during 

those 2 months. 

(d) When each leak is detected as specified in Sec. Sec. 265.1052, 265.1053, 265.1057, 

and 265.1058, the following information shall be recorded in an inspection log and shall 

be kept in the facility operating record: 

(1) The instrument and operator identification numbers and the equipment identification 

number. 

(2) The date evidence of a potential leak was found in accordance with Sec. 265.1058(a). 

(3) The date the leak was detected and the dates of each attempt to repair the leak. 

(4) Repair methods applied in each attempt to repair the leak. 

(5) ``Above 10,000'' if the maximum instrument reading measured by the methods 

specified in Sec. 265.1063(b) after each repair attempt is equal to or greater than 10,000 

ppm. 

(6) ``Repair delayed'' and the reason for the delay if a leak is not repaired within 15 

calendar days after discovery of the leak. 

 (7) Documentation supporting the delay of repair of a valve in compliance with Sec. 

265.1059(c). 

250
(8) The signature of the owner or operator (or designate) whose decision it was that repair 

could not be effected without a hazardous waste management unit shutdown. 

(9) The expected date of successful repair of the leak if a leak is not repaired within 15 

calendar days. 

(10) The date of successful repair of the leak. 

(e) Design documentation and monitoring, operating, and inspection information for each 

closed-vent system and control device required to comply with the provisions of Sec. 

265.1060 shall be recorded and kept up-to-date in the facility operating record as 

specified in Sec. 265.1035(c). Design documentation is specified in Sec. 265.1035 (c)(1) 

and (c)(2) and monitoring, operating, and inspection information in Sec. 265.1035 (c)(3)-

(c)(8). 

(f) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, 

flare, boiler, process heater, condenser, or carbon adsorption system, monitoring and 

inspection information indicating proper operation and maintenance of the control device 

must be recorded in the facility operating record. 

(g) The following information pertaining to all equipment subject to the requirements in 

Sec. Sec. 265.1052 through 265.1060 shall be recorded in a log that is kept in the facility 

operating record: 

(1) A list of identification numbers for equipment (except welded fittings) subject to the 

requirements of this subpart. 

(2)(i) A list of identification numbers for equipment that the owner or operator elects to 

designate for no detectable emissions, as indicated by an instrument reading of less than 

500 ppm above background, under the provisions of Sec. Sec. 265.1052(e), 265.1053(i), 

and 265.1057(f). 

(ii) The designation of this equipment as subject to the requirements of Sec. Sec. 

265.1052(e), 265.1053(i), or 265.1057(f) shall be signed by the owner or operator. 

(3) A list of equipment identification numbers for pressure relief devices required to 

comply with Sec. 265.1054(a). 

(4)(i) The dates of each compliance test required in Sec. Sec. 265.1052(e), 265.1053(i), 

265.1054, and 265.1057(f). 

(ii) The background level measured during each compliance test. 

(iii) The maximum instrument reading measured at the equipment during each 

compliance test. 

(5) A list of identification numbers for equipment in vacuum service. 

(6) Identification, either by list or location (area or group) of equipment that contains or 

contacts hazardous waste with an organic concentration of at least 10 percent by weight 

for less than 300 hours per calendar year. 

(h) The following information pertaining to all valves subject to the requirements of Sec. 

265.1057 (g) and (h) shall be recorded in a log that is kept in the facility operating record: 

(1) A list of identification numbers for valves that are designated as unsafe to monitor, an 

explanation for each valve stating why the valve is unsafe to monitor, and the plan for 

monitoring each valve. 

(2) A list of identification numbers for valves that are designated as difficult to monitor, 

an explanation for each valve stating why the valve is difficult to monitor, and the 

planned schedule for monitoring each valve. 

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(i) The following information shall be recorded in the facility operating record for valves 

complying with Sec. 265.1062: 

(1) A schedule of monitoring. 

(2) The percent of valves found leaking during each monitoring period. 

(j) The following information shall be recorded in a log that is kept in the facility 

operating record: 

(1) Criteria required in Sec. Sec. 265.1052 (d)(5)(ii) and 265.1053(e)(2) and an 

explanation of the criteria. 

(2) Any changes to these criteria and the reasons for the changes. 

(k) The following information shall be recorded in a log that is kept in the facility 

operating record for use in determining exemptions as provided in the applicability 

section of this subpart and other specific subparts: 

(1) An analysis determining the design capacity of the hazardous waste management unit. 

(2) A statement listing the hazardous waste influent to and effluent from each hazardous 

waste management unit subject to the requirements in Sec. Sec. 265.1052 through 

265.1060 and an analysis determining whether these hazardous wastes are heavy liquids. 

(3) An up-to-date analysis and the supporting information and data used to determine 

whether or not equipment is subject to the requirements in Sec. Sec. 265.1052 through 

265.1060. The record shall include supporting documentation as required by Sec. 

265.1063(d)(3) when application of the knowledge of the nature of the hazardous waste 

stream or the process by which it was produced is used. If the owner or operator takes 

any action (e.g., changing the process that produced the waste) that could result in an 

increase in the total organic content of the waste contained in or contacted by equipment 

determined not to be subject to the requirements in Sec. Sec. 265.1052 through 265.1060, 

then a new determination is required. 

(l) Records of the equipment leak information required by paragraph (d) of this section 

and the operating information required by paragraph (e) of this section need be kept only 

3 years. 

(m) The owner or operator of any facility with equipment that is subject to this subpart 

and to leak detection, monitoring, and repair requirements under regulations at 40 CFR 

part 60, part 61, or part 63 may elect to determine compliance with this subpart either by 

documentation pursuant to Sec. 265.1064 of this subpart, or by documentation of 

compliance with the regulations at 40 CFR part 60, part 61, or part 63 pursuant to the 

relevant provisions of the regulations at 40 part 60, part 61, or part 63. The 

documentation of compliance under regulation at 40 CFR part 60, part 61, or part 63 shall 

be kept with or made readily available with the facility operating record. 

[55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 

61 FR 59971, Nov. 25, 1996; 62 FR 64662, Dec. 8, 1997] 

Subpart CC: Air Emission Standards for Tanks, Surface Impoundments, and 

Containers 

§265.1080: Applicability. 

 Source: 59 FR 62935, Dec. 6, 1994, unless otherwise noted. 

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(a) The requirements of this subpart apply to owners and operators of all facilities that 

treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers 

subject to either subpart I, J, or K of this part except as Sec. 265.1 and paragraph (b) of 

this section provide otherwise. 

(b) The requirements of this subpart do not apply to the following waste management 

units at the facility: 

(1) A waste management unit that holds hazardous waste placed in the unit before 

December 6, 1996, and in which no hazardous waste is added to the unit on or after 

December 6, 1996. 

(2) A container that has a design capacity less than or equal to 0.1 m\3\. 

(3) A tank in which an owner or operator has stopped adding hazardous waste and the 

owner or operator has begun implementing or completed closure pursuant to an approved 

closure plan. 

(4) A surface impoundment in which an owner or operator has stopped adding hazardous 

waste (except to implement an approved closure plan) and the owner or operator has 

begun implementing or completed closure pursuant to an approved closure plan. 

(5) A waste management unit that is used solely for on-site treatment or storage of 

hazardous waste that is placed in the unit as a result of implementing remedial activities 

required under the corrective action authorities of RCRA sections 3004(u), 3004(v), or 

3008(h); CERCLA authorities; or similar Federal or State authorities. 

(6) A waste management unit that is used solely for the management of radioactive mixed 

waste in accordance with all applicable regulations under the authority of the Atomic 

Energy Act and the Nuclear Waste Policy Act. 

(7) A hazardous waste management unit that the owner or operator certifies is equipped 

with and operating air emission controls in accordance with the requirements of an 

applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63. 

For the purpose of complying with this paragraph, a tank for which the air emission 

control includes an enclosure, as opposed to a cover, must be in compliance with the 

enclosure and control device requirements of Sec. 265.1085(i), except as provided in Sec. 

265.1083(c)(5). 

(8) A tank that has a process vent as defined in 40 CFR 264.1031. 

(c) For the owner and operator of a facility subject to this subpart who has received a 

final permit under RCRA section 3005 prior to December 6, 1996, the following 

requirements apply: 

(1) The requirements of 40 CFR part 264, subpart CC shall be incorporated into the 

permit when the permit is reissued in accordance with the requirements of 40 CFR 

124.15 or reviewed in accordance with the requirements of 40 CFR 270.50(d). 

(2) Until the date when the permit is reissued in accordance with the requirements of 40 

CFR 124.15 or reviewed in accordance with the requirements of 40 CFR 270.50(d), the 

owner and operator is subject to the requirements of this subpart. 

(d) The requirements of this subpart, except for the recordkeeping requirements specified 

in Sec. 265.1090(i) of this subpart, are administratively stayed for a tank or a container 

used for the management of hazardous waste generated by organic peroxide 

manufacturing and its associated laboratory operations when the owner or operator of the 

unit meets all of the following conditions: 

253
(1) The owner or operator identifies that the tank or container receives hazardous waste 

generated by an organic peroxide manufacturing process producing more than one 

functional family of organic peroxides or multiple organic peroxides within one 

functional family, that one or more of these organic peroxides could potentially undergo 

self-accelerating thermal decomposition at or below ambient temperatures, and that 

organic peroxides are the predominant products manufactured by the process. For the 

purpose of meeting the conditions of this paragraph, ``organic peroxide'' means an 

organic compound that contains the bivalent -O-O- structure and which may be 

considered to be a structural derivative of hydrogen peroxide where one or both of the 

hydrogen atoms has been replaced by an organic radical. 

(2) The owner or operator prepares documentation, in accordance with the requirements 

of Sec. 265.1090(i) of this subpart, explaining why an undue safety hazard would be 

created if air emission controls specified in Sec. Sec. 265.1085 through 265.1088 of this 

subpart are installed and operated on the tanks and containers used at the facility to 

manage the hazardous waste generated by the organic peroxide manufacturing process or 

processes meeting the conditions of paragraph (d)(1) of this section. 

(3) The owner or operator notifies the Regional Administrator in writing that hazardous 

waste generated by an organic peroxide manufacturing process or processes meeting the 

conditions of paragraph (d)(1) of this section are managed at the facility in tanks or 

containers meeting the conditions of paragraph (d)(2) of this section. The notification 

shall state the name and address of the facility, and be signed and dated by an authorized 

representative of the facility owner or operator. 

(e)(1) Except as provided in paragraph (e)(2) of this section, the requirements of this 

subpart do not apply to the pharmaceutical manufacturing facility, commonly referred to 

as the Stonewall Plant, located at Route 340 South, Elkton, Virginia, provided that 

facility is operated in compliance with the requirements contained in a Clean Air 

Act permit issued pursuant to 40 CFR 52.2454. The requirements of this subpart shall 

apply to the facility upon termination of the Clean Air Act permit issued pursuant to 40 

CFR 52.2454. 

(2) Notwithstanding paragraph (e)(1) of this section, any hazardous waste surface 

impoundment operated at the Stonewall Plant is subject to the standards in Sec. 265.1086

and all requirements related to hazardous waste surface impoundments that are 

referenced in or by Sec. 265.1086, including the closed-vent system and control device 

requirements of Sec. 265.1088 and the recordkeeping requirements of Sec. 265.1090(c). 

(f) This section applies only to the facility commonly referred to as the OSi Specialties 

Plant, located on State Route 2, Sistersville, West Virginia (“Sistersville Plant''). 

(1)(i) Provided that the Sistersville Plant is in compliance with the requirements of 

paragraph (f)(2) of this section, the requirements referenced in paragraph (f)(1)(iii) of this 

section are temporarily deferred, as specified in paragraph (f)(3) of this section, with 

respect to the two hazardous waste surface impoundments at the Sistersville Plant. 

Beginning on the date that paragraph (f)(1)(ii) of this section is first implemented, the 

temporary deferral of this paragraph shall no longer be effective. 

(ii)(A) In the event that a notice of revocation is issued pursuant to paragraph (f)(3)(iv) of 

this section, the requirements referenced in paragraph (f)(1)(iii) of this section are 

temporarily deferred, with respect to the two hazardous waste surface impoundments, 

provided that the Sistersville Plant is in compliance with the requirements of paragraphs 

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(f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of this section, except as 

provided under paragraph (f)(1)(ii)(B) of this section. The temporary deferral of the 

previous sentence shall be effective beginning on the date the Sistersville Plant receives 

written notification of revocation, and continuing for a maximum period of 18 months 

from that date, provided that the Sistersville Plant is in compliance with the requirements 

of paragraphs (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of this section at 

all times during that 18-month period. In no event shall the temporary deferral continue 

to be effective after the MON Compliance Date. 

(B) In the event that a notification of revocation is issued pursuant to paragraph (f)(3)(iv) 

of this section as a result of the permanent removal of the capper unit from methyl capped 

polyether production service, the requirements referenced in paragraph (f)(1)(iii) of this 

section are temporarily deferred, with respect to the two hazardous waste surface 

impoundments, provided that the Sistersville Plant is in compliance with the requirements 

of paragraphs (f)(2)(vi), and (g) of this section. The temporary deferral of the previous 

sentence shall be effective beginning on the date the Sistersville Plant receives written 

notification of revocation, and continuing for a maximum period of 18 months from that 

date, provided that the Sistersville Plant is in compliance with the requirements of 

paragraphs (f)(2)(vi) and (g) of this section at all times during that 18-month period. In no 

event shall the temporary deferral continue to be effective after the MON Compliance 

Date. 

(iii) The standards in Sec. 265.1086 of this part, and all requirements referenced in or by 

Sec. 265.1086 that otherwise would apply to the two hazardous waste surface 

impoundments, including the closed-vent system and control device requirements of Sec. 

265.1088 of this part. 

(2) Notwithstanding the effective period and revocation provisions in paragraph (f)(3) of 

this section, the temporary deferral provided in paragraph (f)(1)(i) of this section is 

effective only if the Sistersville Plant meets the requirements of paragraph (f)(2) of this 

section. 

(i) The Sistersville Plant shall install an air pollution control device on the polyether 

methyl capper unit (“capper unit”), implement a methanol recovery operation, and 

implement a waste minimization/pollution prevention (“WMPP”) project. The 

installation and implementation of these requirements shall be conducted according to the 

schedule described in paragraphs (f)(2)(i) and (f)(2)(vi) of this section. 

(A) The Sistersville Plant shall complete the initial start-up of a thermal incinerator on the 

capper unit's process vents from the first stage vacuum pump, from the flash pot and 

surge tank, and from the water stripper, no later than April 1, 1998. 

(B) The Sistersville Plant shall provide to the EPA and the West Virginia Department of 

Environmental Protection, written notification of the actual date of initial start-up of the 

thermal incinerator, and commencement of the methanol recovery operation. The 

Sistersville Plant shall submit this written notification as soon as practicable, but in no 

event later than 15 days after such events. 

(ii) The Sistersville Plant shall install and operate the capper unit process vent thermal 

incinerator according to the requirements of paragraphs (f)(2)(ii)(A) through (f)(2)(ii)(D) 

of this section. 

(A) Capper unit process vent thermal incinerator. 

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(1) Except as provided under paragraph (f)(2)(ii)(D) of this section, the Sistersville Plant 

shall operate the process vent thermal incinerator such that the incinerator reduces the 

total organic compounds (“TOC”) from the process vent streams identified in paragraph 

(f)(2)(i)(A) of this section, by 98 weight-percent, or to a concentration of 20 parts per 

million by volume, on a dry basis, corrected to 3 percent oxygen, whichever is less 

stringent. 

(i) Prior to conducting the initial performance test required under paragraph (f)(2)(ii)(B) 

of this section, the Sistersville Plant shall operate the thermal incinerator at or above a 

minimum temperature of 1600 Fahrenheit. 

(ii) After the initial performance test required under paragraph (f)(2)(ii)(B) of this 

section, the Sistersville Plant shall operate the thermal incinerator at or above the 

minimum temperature established during that initial performance test. 

(iii) The Sistersville Plant shall operate the process vent thermal incinerator at all times 

that the capper unit is being operated to manufacture product. 

(2) The Sistersville Plant shall install, calibrate, and maintain all air pollution control and 

monitoring equipment described in paragraphs (f)(2)(i)(A) and (f)(2)(ii)(B)(3) of this 

section, according to the manufacturer's specifications, or other written procedures that 

provide adequate assurance that the equipment can reasonably be expected to control and 

monitor accurately, and in a manner consistent with good engineering practices during all 

periods when emissions are routed to the unit. 

(B) The Sistersville Plant shall comply with the requirements of paragraphs 

(f)(2)(ii)(B)(1) through (f)(2)(ii)(B)(3) of this section for performance testing and 

monitoring of the capper unit process vent thermal incinerator. 

(1) Within 120 days after thermal incinerator initial start-up, the Sistersville Plant shall 

conduct a performance test to determine the minimum temperature at which compliance 

with the emission reduction requirement specified in paragraph (f)(4) of this section is 

achieved. This determination shall be made by measuring TOC minus methane and 

ethane, according to the procedures specified in paragraph (f)(2)(ii)(B) of this section. 

(2) The Sistersville Plant shall conduct the initial performance test in accordance with the 

standards set forth in paragraph (f)(4) of this section. 

(3) Upon initial start-up, the Sistersville Plant shall install, calibrate, maintain and 

operate, according to manufacturer's specifications and in a manner consistent with good 

engineering practices, the monitoring equipment described in paragraphs 

(f)(2)(ii)(B)(3)(i) through (f)(2)(ii)(B)(3)(iii) of this section. 

(i) A temperature monitoring device equipped with a continuous recorder. The 

temperature monitoring device shall be installed in the firebox or in the duct work 

immediately downstream of the firebox in a position before any substantial heat exchange 

is encountered. 

(ii) A flow indicator that provides a record of vent stream flow to the incinerator at least 

once every fifteen minutes. The flow indicator shall be installed in the vent stream from 

the process vent at a point closest to the inlet of the incinerator. 

(iii) If the closed-vent system includes bypass devices that could be used to divert the gas 

or vapor stream to the atmosphere before entering the control device, each bypass device 

shall be equipped with either a bypass flow indicator or a seal or locking device as 

specified in this paragraph. For the purpose of complying with this paragraph, low leg 

drains, high point bleeds, analyzer vents, open-ended valves or lines, spring-loaded 

256
pressure relief valves, and other fittings used for safety purposes are not considered to be 

bypass devices. If a bypass flow indicator is used to comply with this paragraph, the 

bypass flow indicator shall be installed at the inlet to the bypass line used to divert gases 

and vapors from the closed-vent system to the atmosphere at a point upstream of the 

control device inlet. If a seal or locking device (e.g. car-seal or lock-and-key 

configuration) is used to comply with this paragraph, the device shall be placed on the 

mechanism by which the bypass device position is controlled (e.g., valve handle, damper 

levels) when the bypass device is in the closed position such that the bypass device 

cannot be opened without breaking the seal or removing the lock. The Sistersville Plant 

shall visually inspect the seal or locking device at least once every month to verify that 

the bypass mechanism is maintained in the closed position. 

(C) The Sistersville Plant shall keep on-site an up-to-date, readily accessible record of the 

information described in paragraphs (f)(2)(ii)(C)(1) through (f)(2)(ii)(C)(4) of this 

section. 

(1) Data measured during the initial performance test regarding the firebox temperature 

of the incinerator and the percent reduction of TOC achieved by the incinerator, and/or 

such other information required in addition to or in lieu of that information by the 

WVDEP in its approval of equivalent test methods and procedures. 

(2) Continuous records of the equipment operating procedures specified to be monitored 

under paragraph (f)(2)(ii)(B)(3) of this section, as well as records of periods of operation 

during which the firebox temperature falls below the minimum temperature established 

under paragraph (f)(2)(ii)(A)(1) of this section. 

(3) Records of all periods during which the vent stream has no flow rate to the extent that 

the capper unit is being operated during such period. 

(4) Records of all periods during which there is flow through a bypass device. 

(D) The Sistersville Plant shall comply with the start-up, shutdown, maintenance and 

malfunction requirements contained in paragraphs (f)(2)(ii)(D)(1) through (f)(2)(ii)(D)(6) 

of this section, with respect to the capper unit process vent incinerator. 

(1) The Sistersville Plant shall develop and implement a Start-up, Shutdown and 

Malfunction Plan as required by the provisions set forth in paragraph (f)(2)(ii)(D) of this 

section. The plan shall describe, in detail, procedures for operating and maintaining the 

thermal incinerator during periods of start-up, shutdown and malfunction, and a program 

of corrective action for malfunctions of the thermal incinerator. 

(2) The plan shall include a detailed description of the actions the Sistersville Plant will 

take to perform the functions described in paragraphs (f)(2)(ii)(D)(2)(i) through 

(f)(2)(ii)(D)(2)(iii) of this section. 

(i) Ensure that the thermal incinerator is operated in a manner consistent with good air 

pollution control practices. 

(ii) Ensure that the Sistersville Plant is prepared to correct malfunctions as soon as 

practicable after their occurrence in order to minimize excess emissions. 

(iii) Reduce the reporting requirements associated with periods of start-up, shutdown and 

malfunction. 

(3) During periods of start-up, shutdown and malfunction, the Sistersville Plant shall 

maintain the process unit and the associated thermal incinerator in accordance with the 

procedures set forth in the plan. 

257
(4) The plan shall contain record keeping requirements relating to periods of start-up, 

shutdown or malfunction, actions taken during such periods in conformance with the 

plan, and any failures to act in conformance with the plan during such periods. 

(5) During periods of maintenance or malfunction of the thermal incinerator, the 

Sistersville Plant may continue to operate the capper unit, provided that operation of the 

capper unit without the thermal incinerator shall be limited to no more than 240 hours 

each calendar year. 

(6) For the purposes of paragraph (f)(2)(iii)(D) of this section, the Sistersville Plant may 

use its operating procedures manual, or a plan developed for other reasons, provided that 

plan meets the requirements of paragraph (f)(2)(iii)(D) of this section for the start-up, 

shutdown and malfunction plan. 

(iii) The Sistersville Plant shall operate the closed-vent system in accordance with the 

requirements of paragraphs (f)(2)(iii)(A) through (f)(2)(iii)(D) of this section. 

(A) Closed-vent system. 

(1) At all times when the process vent thermal incinerator is operating, the Sistersville 

Plant shall route the vent streams identified in paragraph (f)(2)(i) of this section from the 

capper unit to the thermal incinerator through a closed-vent system. 

(2) The closed-vent system will be designed for and operated with no detectable 

emissions, as defined in paragraph (f)(6) of this section. 

(B) The Sistersville Plant will comply with the performance standards set forth in 

paragraph (f)(2)(iii)(A)(1) of this section on and after the date on which the initial 

performance test referenced in paragraph (f)(2)(ii)(B) of this section is completed, but no 

later than sixty (60) days after the initial start-up date. 

(C) The Sistersville Plant shall comply with the monitoring requirements of paragraphs 

(f)(2)(iii)(C)(1) through (f)(2)(iii)(C)(3) of this section, with respect to the closed-vent 

system. 

(1) At the time of the performance test described in paragraph (f)(2)(ii)(B) of this section, 

the Sistersville Plant shall inspect the closed-vent system as specified in paragraph (f)(5) 

of this section. 

(2) At the time of the performance test described in paragraph (f)(2)(ii)(B) of this section, 

and annually thereafter, the Sistersville Plant shall inspect the closed-vent system for 

visible, audible, or olfactory indications of leaks. 

(3) If at any time a defect or leak is detected in the closed-vent system, the Sistersville 

Plant shall repair the defect or leak in accordance with the requirements of paragraphs 

(f)(2)(iii)(C)(3)(i) and (f)(2)(iii)(C)(3)(ii) of this section. 

(i) The Sistersville Plant shall make first efforts at repair of the defect no later than five 

(5) calendar days after detection, and repair shall be completed as soon as possible but no 

later than forty-five (45) calendar days after detection. 

(ii) The Sistersville Plant shall maintain a record of the defect repair in accordance with 

the requirements specified in paragraph (f)(2)(iii)(D) of this section. 

(D) The Sistersville Plant shall keep on-site up-to-date, readily accessible records of the 

inspections and repairs required to be performed by paragraph (f)(2)(iii) of this section. 

(iv) The Sistersville Plant shall operate the methanol recovery operation in accordance 

with paragraphs (f)(2)(iv)(A) through (f)(2)(iv)(C) of this section. 

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(A) The Sistersville Plant shall operate the condenser associated with the methanol 

recovery operation at all times during which the capper unit is being operated to 

manufacture product. 

(B) The Sistersville Plant shall comply with the monitoring requirements described in 

paragraphs (f)(2)(B)(1) through (f)(2)(B)(3) of this section, with respect to the methanol 

recovery operation. 

(1) The Sistersville Plant shall perform measurements necessary to determine the 

information described in paragraphs (f)(2)(iv)(B)(1)(i) and (f)(2)(iv)(B)(1)(ii) of this 

section to demonstrate the percentage recovery by weight of the methanol contained in 

the influent gas stream to the condenser. 

(i) Information as is necessary to calculate the annual amount of methanol generated by 

operating the capper unit. 

(ii) The annual amount of methanol recovered by the condenser associated with the 

methanol recovery operation. 

(2) The Sistersville Plant shall install, calibrate, maintain and operate according to 

manufacturer specifications, a temperature monitoring device with a continuous recorder 

for the condenser associated with the methanol recovery operation, as an indicator that 

the condenser is operating. 

(3) The Sistersville Plant shall record the dates and times during which the capper unit 

and the condenser are operating. 

(C) The Sistersville Plant shall keep on-site up-to-date, readily-Accessible records of the 

parameters specified to be monitored under paragraph (f)(2)(iv)(B) of this section. 

(v) The Sistersville Plant shall comply with the requirements of paragraphs (f)(2)(v)(A) 

through (f)(2)(v)(C) of this section for the disposition of methanol collected by the 

methanol recovery operation. 

(A) On an annual basis, the Sistersville Plant shall ensure that a minimum of 95% by 

weight of the methanol collected by the methanol recovery operation (also referred to as 

the ``collected methanol'') is utilized for reuse, recovery, or thermal recovery/treatment. 

The Sistersville Plant may use the methanol on-site, or may transfer or sell the methanol 

for reuse, recovery, or thermal recovery/treatment at other facilities. 

(1) Reuse. To the extent reuse of all of the collected methanol destined for reuse, 

recovery, or thermal recovery is not economically feasible, the Sistersville Plant shall 

ensure the residual portion is sent for recovery, as defined in paragraph (f)(6) of this 

section, except as provided in paragraph (f)(2)(v)(A)(2) of this section. 

(2) Recovery. To the extent that reuse or recovery of all the collected methanol destined 

for reuse, recovery, or thermal recovery is not economically feasible, the Sistersville 

Plant shall ensure that the residual portion is sent for thermal recovery/treatment, as 

defined in paragraph (f)(6) of this section. 

(3) The Sistersville Plant shall ensure that, on an annual basis, no more than 5% of the 

methanol collected by the methanol recovery operation is subject to bio-treatment. 

(4) In the event the Sistersville Plant receives written notification of revocation pursuant 

to paragraph (f)(3)(iv) of this section, the percent limitations set forth under paragraph 

(f)(2)(v)(A) of this section shall no longer be applicable, beginning on the date of receipt 

of written notification of revocation. 

259
(B) The Sistersville Plant shall perform such measurements as are necessary to determine 

the pounds of collected methanol directed to reuse, recovery, thermal recovery/treatment 

and bio-treatment, respectively, on a monthly basis. 

(C) The Sistersville Plant shall keep on-site up-to-date, readily accessible records of the 

amounts of collected methanol directed to reuse, recovery, thermal recovery/treatment 

and bio-treatment necessary for the measurements required under paragraph (f)(2)(iv)(B) 

of this section. 

(vi) The Sistersville Plant shall perform a WMPP project in accordance with the 

requirements and schedules set forth in paragraphs (f)(2)(vi)(A) through (f)(2)(vi)(C) of 

this section. 

(A) In performing the WMPP Project, the Sistersville Plant shall use a Study Team and 

an Advisory Committee as described in paragraphs (f)(2)(vi)(A)(1) through 

(f)(2)(vi)(A)(6) of this section. 

(1) At a minimum, the multi-functional Study Team shall consist of Sistersville Plant 

personnel from appropriate plant departments (including both management and 

employees) and an independent contractor. The Sistersville Plant shall select a contractor 

that has experience and training in WMPP in the chemical manufacturing industry. 

(2) The Sistersville Plant shall direct the Study Team such that the team performs the 

functions described in paragraphs (f)(2)(vi)(A)(2)(i) through (f)(2)(vi)(A)(2)(v) of this 

section. 

(i) Review Sistersville Plant operations and waste streams. 

(ii) Review prior WMPP efforts at the Sistersville Plant. 

(iii) Develop criteria for the selection of waste streams to be evaluated for the WMPP 

Project. 

(iv) Identify and prioritize the waste streams to be evaluated during the study phase of the 

WMPP Project, based on the criteria described in paragraph (f)(2)(vi)(A)(2)(iii) of this 

section. 

(v) Perform the WMPP Study as required by paragraphs (f)(2)(vi)(A)(3) through 

(f)(2)(vi)(A)(5), paragraph (f)(2)(vi)(B), and paragraph (f)(2)(vi)(C) of this section. 

(3)(i) The Sistersville Plant shall establish an Advisory Committee consisting of a 

representative from EPA, a representative from WVDEP, the Sistersville Plant Manager, 

the Sistersville Plant Director of Safety, Health and Environmental Affairs, and a 

stakeholder representative(s). 

(ii) The Sistersville Plant shall select the stakeholder representative(s) by mutual 

agreement of EPA, WVDEP and the Sistersville Plant no later than 20 days after 

receiving from EPA and WVDEP the names of their respective committee members. 

(4) The Sistersville Plant shall convene a meeting of the Advisory Committee no later 

than thirty days after selection of the stakeholder representatives, and shall convene 

meetings periodically thereafter as necessary for the Advisory Committee to perform its 

assigned functions. The Sistersville Plant shall direct the Advisory Committee to perform 

the functions described in paragraphs (f)(2)(vi)(A)(4)(i) through (f)(2)(vi)(A)(4)(iii) of 

this section. 

(i) Review and comment upon the Study Team's criteria for selection of waste streams, 

and the Study Team's identification and prioritization of the waste streams to be 

evaluated during the WMPP Project. 

(ii) Review and comment upon the Study Team progress reports and the 

260
draft WMPP Study Report. 

(iii) Periodically review the effectiveness of WMPP opportunities implemented as part of 

the WMPP Project, and, where appropriate, WMPP opportunities previously determined 

to be infeasible by the Sistersville Plant but which had potential for feasibility in the 

future. 

(5) Beginning on January 15, 1998, and every ninety (90) days thereafter until 

submission of the final WMPP Study Report required by paragraph (f)(2)(vi)(C) of this 

section, the Sistersville Plant shall direct the Study Team to submit a progress report to 

the Advisory Committee detailing its efforts during the prior ninety (90) day period. 

(B) The Sistersville Plant shall ensure that the WMPP Study and the WMPP Study 

Report meet the requirements of paragraphs (f)(2)(vi)(B)(1) through (f)(2)(vi)(B)(3) of 

this section. 

(1) The WMPP Study shall consist of a technical, economic, and regulatory assessment 

of opportunities for source reduction and for environmentally sound recycling for waste 

streams identified by the Study Team. 

(2) The WMPP Study shall evaluate the source, nature, and volume of the waste streams; 

describe all the WMPP opportunities identified by the Study Team; provide a feasibility 

screening to evaluate the technical and economical feasibility of each of the WMPP 

opportunities; identify any cross-media impacts or any anticipated transfers of risk 

associated with each feasible WMPP opportunity; and identify the projected economic 

savings and projected quantitative waste reduction estimates for each WMPP opportunity 

identified. 

(3) No later than October 19, 1998, the Sistersville Plant shall prepare and submit to the 

members of the Advisory Committee a draft WMPP Study Report which, at a minimum, 

includes the results of the WMPP Study, identifies WMPP opportunities the Sistersville 

Plant determines to be feasible, discusses the basis for excluding other opportunities as 

not feasible, and makes recommendations as to whether the WMPP Study should be 

continued. The members of the Advisory Committee shall provide any comments to the 

Sistersville Plant within thirty (30) days of receiving the WMPP Study Report. 

(C) Within thirty (30) days after receipt of comments from the members of the Advisory 

Committee, the Sistersville Plant shall submit to EPA and WVDEP a final WMPP Study 

Report which identifies those WMPP opportunities the Sistersville Plant determines to be 

feasible and includes an implementation schedule for each such WMPP opportunity. The 

Sistersville Plant shall make reasonable efforts to implement all feasible WMPP 

opportunities in accordance with the priorities identified in the implementation schedule. 

(1) For purposes of this section, a WMPP opportunity is feasible if the Sistersville Plant 

considers it to be technically feasible (taking into account engineering and regulatory 

factors, product line specifications and customer needs) and economically practical 

(taking into account the full environmental costs and benefits associated with the WMPP 

opportunity and the company's internal requirements for approval of capital projects). For 

purposes of the WMPP Project, the Sistersville Plant shall use ``An Introduction to 

Environmental Accounting as a Business Management Tool,'' (EPA 742/R-95/001) as 

one tool to identify the full environmental costs and benefits of each WMPP opportunity. 

(2) In implementing each WMPP opportunity, the Sistersville Plant shall, after consulting 

with the other members of the Advisory Committee, develop appropriate protocols and 

methods for determining the information required by paragraphs (f)(2)(vi)(2)(i) through 

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(f)(2)(vi)(2)(iii) of this section. 

(i) The overall volume of wastes reduced. 

(ii) The quantities of each constituent identified in paragraph (f)(8) of this section 

reduced in the wastes. 

(iii) The economic benefits achieved. 

(3) No requirements of paragraph (f)(2)(vi) of this section are intended to prevent or 

restrict the Sistersville Plant from evaluating and implementing any WMPP opportunities 

at the Sistersville Plant in the normal course of its operations or from implementing, prior 

to the completion of the WMPP Study, any WMPP opportunities identified by the 

Study Team. 

(vii) The Sistersville Plant shall maintain on-site each record required by paragraph (f)(2) 

of this section, through the MON Compliance Date. 

(viii) The Sistersville Plant shall comply with the reporting requirements of paragraphs 

(f)(2)(viii)(A) through (f)(2)(viii)(G) of this section. 

(A) At least sixty days prior to conducting the initial performance test of the thermal 

incinerator, the Sistersville Plant shall submit to EPA and WVDEP copies of a 

notification of performance test, as described in 40 CFR 63.7(b). Following the initial 

performance test of the thermal incinerator, the Sistersville Plant shall submit to EPA and 

WVDEP copies of the performance test results that include the information relevant to 

initial performance tests of thermal incinerators contained in 40 CFR 

63.7(g)(1), 40 CFR 63.117(a)(4)(i), and 40 CFR 63.117(a)(4)(ii). 

(B) Beginning in 1999, on January 31 of each year, the Sistersville Plant shall submit a 

semiannual written report to the EPA and WVDEP, with respect to the preceding six 

month period ending on December 31, which contains the information described in 

paragraphs (f)(2)(viii)(B)(1) through (f)(2)(viii)(B)(10) of this section. 

(1) Instances of operating below the minimum operating temperature established for the 

thermal incinerator under paragraph (f)(2)(ii)(A)(1) of this section which were not 

corrected within 24 hours of onset. 

(2) Any periods during which the capper unit was being operated to manufacture product 

while the flow indicator for the vent streams to the thermal incinerator showed no flow. 

(3) Any periods during which the capper unit was being operated to manufacture product 

while the flow indicator for any bypass device on the closed vent system to the thermal 

incinerator showed flow. 

(4) Information required to be reported during that six month period under the 

preconstruction permit issued under the state permitting program approved under subpart 

XX of 40 CFR Part 52--Approval and Promulgation of Implementation Plans for West 

Virginia. 

(5) Any periods during which the capper unit was being operated to manufacture product 

while the condenser associated with the methanol recovery operation was not in 

operation. 

(6) The amount (in pounds and by month) of methanol collected by the methanol 

recovery operation during the six month period. 

(7) The amount (in pounds and by month) of collected methanol utilized for reuse, 

recovery, thermal recovery/treatment, or bio-treatment, respectively, during the six month 

period. 

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(8) The calculated amount (in pounds and by month) of methanol generated by operating 

the capper unit. 

(9) The status of the WMPP Project, including the status of developing the WMPP Study 

Report. 

(10) Beginning in the year after the Sistersville Plant submits the final WMPP Study 

Report required by paragraph (f)(2)(vi)(C) of this section, and continuing in each 

subsequent Semiannual Report required by paragraph (f)(2)(viii)(B) of this section, the 

Sistersville Plant shall report on theprogress of the implementation of feasible WMPP 

opportunities identified in the WMPP Study Report. The Semiannual Report required by 

paragraph (f)(2)(viii)(B) of this section shall identify any cross-media impacts or impacts 

to worker safety or community health issues that have occurred as a result of 

implementation of the feasible WMPP opportunities. 

(C) Beginning in 1999, on July 31 of each year, the Sistersville Plant shall provide an 

Annual Project Report to the EPA and WVDEP Project XL contacts containing the 

information required by paragraphs (f)(2)(viii)(C)(1) through (f)(2)(viii)(C)(8) of this 

section. 

(1) The categories of information required to be submitted under paragraphs 

(f)(2)(viii)(B)(1) through (f)(2)(viii)(B)(8) of this section, for the preceding 12 month 

period ending on June 30. 

(2) An updated Emissions Analysis for January through December of the preceding 

calendar year. The Sistersville Plant shall submit the updated Emissions Analysis in a 

form substantially equivalent to the previous Emissions Analysis prepared by the 

Sistersville Plant to support Project XL. The Emissions Analysis shall include a 

comparison of the volatile organic emissions associated with the capper unit process 

vents and the wastewater treatment system (using the EPA Water 8 model or other model 

agreed to by the Sistersville Plant, EPA and WVDEP) under Project XL with the 

expected emissions from those sources absent Project XL during that period. 

(3) A discussion of the Sistersville Plant's performance in meeting the requirements of 

this section, specifically identifying any areas in which the Sistersville Plant either 

exceeded or failed to achieve any such standard. 

(4) A description of any unanticipated problems in implementing the XL Project and any 

steps taken to resolve them. 

(5) A WMPP Implementation Report that contains the information contained in 

paragraphs paragraphs (f)(2)(viii)(C)(5)(i) through (viii)(C)(5)(vi) of this section. 

(i) A summary of the WMPP opportunities selected for implementation. 

(ii) A description of the WMPP opportunities initiated and/or completed. 

(iii) Reductions in volume of waste generated and amounts of each constituent reduced in 

wastes including any constituents identified in paragraph (f)(8) of this section. 

(iv) An economic benefits analysis. 

(v) A summary of the results of the Advisory Committee's review of implemented 

WMPP opportunities. 

(vi) A reevaluation of WMPP opportunities previously determined to be infeasible by the 

Sistersville Plant but which had potential for future feasibility. 

(6) An assessment of the nature of, and the successes or problems associated with, the 

Sistersville Plant's interaction with the federal and state agencies under the Project. 

(7) An update on stakeholder involvement efforts. 

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(8) An evaluation of the Project as implemented against the Project XL Criteria and the 

baseline scenario. 

(D) The Sistersville Plant shall submit to the EPA and WVDEP Project XL contacts a 

written Final Project Report covering the period during which the temporary deferral was 

effective, as described in paragraph (f)(3) of this section. 

(1) The Final Project Report shall contain the information required to be submitted for the 

Semiannual Report required under paragraph (f)(2)(viii)(B) of this section, and the 

Annual Project Report required under paragraph (f)(2)(viii)(C) of this section. 

(2) The Sistersville Plant shall submit the Final Project Report to EPA and WVDEP no 

later than 180 days after the temporary deferral of paragraph (f)(1) of this section is 

revoked, or 180 days after the MON Compliance Date, whichever occurs first. 

(E)(1) The Sistersville Plant shall retain on-site a complete copy of each of the report 

documents to be submitted to EPA and WVDEP in accordance with requirements under 

paragraph (f)(2) of this section. The Sistersville Plant shall retain this record until 180 

days after the MON Compliance Date. The Sistersville Plant shall provide to stakeholders 

and interested parties a written notice of availability (to be mailed to all persons on the 

Project mailing list and to be provided to at least one local newspaper of general 

circulation) of each such document, and provide a copy of each document to any such 

person upon request, subject to the provisions of 40 CFR part 2. 

(2) Any reports or other information submitted to EPA or WVDEP may be released to the 

public pursuant to the Federal Freedom of Information Act (42 U.S.C. 552 et seq.), 

subject to the provisions of 40 CFR part 2. 

(F) The Sistersville Plant shall make all supporting monitoring results and records 

required under paragraph (f)(2) of this section available to EPA and WVDEP within a 

reasonable amount of time after receipt of a written request from those Agencies, subject 

to the provisions of 40 CFR Part 2. 

(G) Each report submitted by the Sistersville Plant under the requirements of paragraph 

(f)(2) of this section shall be certified by a Responsible Corporate Officer, as defined in 

40 CFR 270.11(a)(1). 

(H) For each report submitted in accordance with paragraph (f)(2) of this section, the 

Sistersville Plant shall send one copy each to the addresses in paragraphs (f)(2)(viii) 

(H)(1) through (H)(3) of this section. 

(1) U.S. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103-2029, Attention Tad 

Radzinski, Mail Code 3WC11. 

(2) U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention L. 

Nancy Birnbaum, Mail Code 1812. 

(3) West Virginia Division of Environmental Protection, Office of Air Quality, 1558 

Washington Street East, Charleston, WV 25311-2599, Attention John H. Johnston. 

(3) Effective period and revocation of temporary deferral. 

(i) The temporary deferral contained in this section is effective from April 1, 1998, and 

shall remain effective until the MON Compliance Date. The temporary deferral contained 

in this section may be revoked prior to the MON Compliance Date, as described in 

paragraph (f)(3)(iv) of this section. 

(ii) On the MON Compliance Date, the temporary deferral contained in this section will 

no longer be effective. 

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(iii) The Sistersville Plant shall come into compliance with those requirements deferred 

by this section no later than the MON Compliance Date. No later than 18 months prior to 

the MON Compliance Date, the Sistersville Plant shall submit to EPA an implementation 

schedule that meets the requirements of paragraph (g)(1)(iii) of this section. 

(iv) The temporary deferral contained in this section may be revoked for cause, as 

determined by EPA, prior to the MON Compliance Date. The Sistersville Plant may 

request EPA to revoke the temporary deferral contained in this section at any time. The 

revocation shall be effective on the date that the Sistersville Plant receives written 

notification of revocation from EPA. 

 (v) Nothing in this section shall affect the provisions of the MON, as applicable to the 

Sistersville Plant. 

 (vi) Nothing in paragrahs (f) or (g) of this section shall affect any regulatory 

requirements not referenced in paragraph (f)(1)(iii) of this section, as applicable to the 

Sistersville Plant. 

 (4) The Sistersville Plant shall conduct the initial performance test required by 

paragraph (f)(2)(ii)(B) of this section using the procedures in paragraph (f)(4) of this 

section. The organic concentration and percent reduction shall be measured as TOC 

minus methane and ethane, according to the procedures specified in paragraph (f)(4) of 

this section. 

 (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for 

selection of the sampling sites. 

 (A) To determine compliance with the 98 percent reduction of TOC requirement of 

paragraph (f)(2)(ii)(A)(1) of this section, sampling sites shall be located at the inlet of the 

control device after the final product recovery device, and at the outlet of the control 

device. 

 (B) To determine compliance with the 20 parts per million by volume TOC limit in 

paragraph (f)(2)(ii)(A)(1) of this section, the sampling site shall be located at the outlet of 

the control device. 

 (ii) The gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of 

40 CFR part 60, appendix A, as appropriate. 

 (iii) To determine compliance with the 20 parts per million by volume TOC limit in 

paragraph (f)(2)(ii)(A)(1) of this section, the Sistersville Plant shall use Method 18 of 40 

CFR part 60, appendix A to measure TOC minus methane and ethane. Alternatively, any 

other method or data that has been validated according to the applicable procedures in 

Method 301 of 40 CFR part 63, appendix A, may be used. The following procedures shall 

be used to calculate parts per million by volume concentration, corrected to 3 percent 

oxygen: 

 (A) The minimum sampling time for each run shall be 1 hour in which either an 

integrated sample or a minimum of four grab samples shall be taken. If grab sampling is 

used, then the samples shall be taken at approximately equal intervals in time, such as 15 

minute intervals during the run. 

 (B) The concentration of TOC minus methane and ethane (CTOC) shall be calculated as 

the sum of the concentrations of the individual components, and shall be computed for 

each run using the following equation: 

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Where: 

CTOC=Concentration of TOC (minus methane and ethane), dry basis, parts per million by 

volume. 

Cji=Concentration of sample components j of sample i, dry basis, parts per million by 

volume. 

n=Number of components in the sample. 

x=Number of samples in the sample run. 

 (C) The concentration of TOC shall be corrected to 3 percent oxygen if a combustion 

device is the control device. 

 (1) The emission rate correction factor or excess air, integrated sampling and analysis 

procedures of Method 3B of 40 CFR part 60, appendix A shall be used to determine the 

oxygen concentration (%O2d). The samples shall be taken during the same time that the 

TOC (minus methane or ethane) samples are taken. 

 (2) The concentration corrected to 3 percent oxygen (Cc) shall be computed using the 

following equation: 

Where: 

Cc=Concentration of TOC corrected to 3 percent oxygen, dry basis, parts per million by 

volume. 

Cm=Concentration of TOC (minus methane and ethane), dry basis, parts per million by 

volume. 

%O2d=Concentration of oxygen, dry basis, percent by volume. 

 (iv) To determine compliance with the 98 percent reduction requirement of paragraph 

(f)(2)(ii)(A)(1) of this section, the Sistersville Plant shall use Method 18 of 40 CFR part 

60, appendix A; alternatively, any other method or data that has been validated according 

to the applicable procedures in Method 301 of 40 CFR part 63, appendix A may be used. 

The following procedures shall be used to calculate percent reduction efficiency: 

 (A) The minimum sampling time for each run shall be 1 hour in which either an 

integrated sample or a minimum of four grab samples shall be taken. If grab sampling is 

used, then the samples shall be taken at approximately equal intervals in time such as 15 

minute intervals during the run. 

 (B) The mass rate of TOC minus methane and ethane (Ei, Eo) shall be computed. All 

organic compounds (minus methane and ethane) measured by Method 18 of 40 CFR part 

60, Appendix A are summed using the following equations: 

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Where: 

Cij, Coj=Concentration of sample component j of the gas stream at the inlet and outlet of 

the control device, respectively, dry basis, parts per million by volume. 

Ei, Eo=Mass rate of TOC (minus methane and ethane) at the inlet and outlet of the control 

device, respectively, dry basis, kilogram per hour. 

Mij, Moj=Molecular weight of sample component j of the gas stream at the inlet and outlet 

of the control device, respectively, gram/gram-mole. 

Qi, Qo=Flow rate of gas stream at the inlet and outlet of the control device, respectively, 

dry standard cubic meter per minute. 

K2=Constant, 2.494 x 10-6 (parts per million)-1 (gram-mole per standard cubic meter) 

(kilogram/gram) (minute/hour), where standard temperature (gram-mole per standard 

cubic meter) is 20 ° C. 

 (C) The percent reduction in TOC (minus methane and ethane) shall be calculated as 

follows: 

where: 

R=Control efficiency of control device, percent. 

Ei=Mass rate of TOC (minus methane and ethane) at the inlet to the control device as 

calculated under paragraph (f)(4)(iv)(B) of this section, kilograms TOC per hour. 

Eo=Mass rate of TOC (minus methane and ethane) at the outlet of the control device, as 

calculated under paragraph (f)(4)(iv)(B) of this section, kilograms TOC per hour. 

 (5) At the time of the initial performance test of the process vent thermal incinerator 

required under paragraph (f)(2)(ii)(B) of this section, the Sistersville Plant shall inspect 

each closed vent system according to the procedures specified in paragraphs (f)(5)(i) 

through (f)(5)(vi) of this section. 

 (i) The initial inspections shall be conducted in accordance with Method 21 of 40 CFR 

part 60, appendix A. 

 (ii)(A) Except as provided in paragraph (f)(5)(ii)(B) of this section, the detection 

instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix 

A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 of 40 

267
CFR part 60, appendix A shall be for the average composition of the process fluid not 

each individual volatile organic compound in the stream. For process streams that contain 

nitrogen, air, or other inerts which are not organic hazardous air pollutants or volatile 

organic compounds, the average stream response factor shall be calculated on an inertfree basis. 

 (B) If no instrument is available at the plant site that will meet the performance criteria 

specified in paragraph (f)(5)(ii)(A) of this section, the instrument readings may be 

adjusted by multiplying by the average response factor of the process fluid, calculated on 

an inert-free basis as described in paragraph (f)(5)(ii)(A) of this section. 

 (iii) The detection instrument shall be calibrated before use on each day of its use by 

the procedures specified in Method 21 of 40 CFR part 60, appendix A. 

 (iv) Calibration gases shall be as follows: 

 (A) Zero air (less than 10 parts per million hydrocarbon in air); and 

 (B) Mixtures of methane in air at a concentration less than 10,000 parts per million. A 

calibration gas other than methane in air may be used if the instrument does not respond 

to methane or if the instrument does not meet the performance criteria specified in 

paragraph (f)(5)(ii)(A) of this section. In such cases, the calibration gas may be a mixture 

of one or more of the compounds to be measured in air. 

 (v) The Sistersville Plant may elect to adjust or not adjust instrument readings for 

background. If the Sistersville Plant elects to not adjust readings for background, all such 

instrument readings shall be compared directly to the applicable leak definition to 

determine whether there is a leak. If the Sistersville Plant elects to adjust instrument 

readings for background, the Sistersville Plant shall measure background concentration 

using the procedures in 40 CFR 63.180(b) and (c). The Sistersville Plant shall subtract 

background reading from the maximum concentration indicated by the instrument. 

 (vi) The arithmetic difference between the maximum concentration indicated by the 

instrument and the background level shall be compared with 500 parts per million for 

determining compliance. 

 (6) Definitions of terms as used in paragraphs (f) and (g) of this section. 

 (i) Closed vent system is defined as a system that is not open to the atmosphere and 

that is composed of piping, connections and, if necessary, flow-inducing devices that 

transport gas or vapor from the capper unit process vent to the thermal incinerator. 

 (ii) No detectable emissions means an instrument reading of less than 500 parts per 

million by volume above background as determined by Method 21 in 40 CFR part 60. 

 (iii) Reuse includes the substitution of collected methanol (without reclamation 

subsequent to its collection) for virgin methanol as an ingredient (including uses as an 

intermediate) or as an effective substitute for a commercial product. 

 (iv) Recovery includes the substitution of collected methanol for virgin methanol as an 

ingredient (including uses as an intermediate) or as an effective substitute for a 

commercial product following reclamation of the methanol subsequent to its collection. 

 (v) Thermal recovery/treatment includes the use of collected methanol in fuels 

blending or as a feed to any combustion device to the extent permitted by federal and 

state law. 

 (vi) Bio-treatment includes the treatment of the collected methanol through 

introduction into a biological treatment system, including the treatment of the collected 

methanol as a waste stream in an on-site or off-site wastewater treatment system. 

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Introduction of the collected methanol to the on-site wastewater treatment system will be 

limited to points downstream of the surface impoundments, and will be consistent 

with the requirements of federal and state law. 

 (vii) Start-up shall have the meaning set forth at 40 CFR 63.2. 

 (viii) Flow indicator means a device which indicates whether gas flow is present in the 

vent stream, and, if required by the permit for the thermal incinerator, which measures 

the gas flow in that stream. 

 (ix) Continuous Recorder means a data recording device that records an instantaneous 

data value at least once every fifteen minutes. 

 (x) MON means the National Emission Standards for Hazardous Air Pollutants for the 

source category Miscellaneous Organic Chemical Production and Processes (``MON''), 

promulgated under the authority of Section 112 of the Clean Air Act. 

 (xi) MON Compliance Date means the date 3 years after the effective date of the 

National Emission Standards for Hazardous Air Pollutants for the source category 

Miscellaneous Organic Chemical Production and Processes (``MON''). 

 (7) OSi Specialties, Incorporated, a subsidiary of Witco Corporation (``OSi''), may 

seek to transfer its rights and obligations under this section to a future owner of the 

Sistersville Plant in accordance with the requirements of paragraphs (f)(7)(i) through 

(f)(7)(iii) of this section. 

 (i) OSi will provide to EPA a written notice of any proposed transfer at least forty-five 

days prior to the effective date of any such transfer. The written notice will identify the 

proposed transferee. 

 (ii) The proposed transferee will provide to EPA a written request to assume the rights 

and obligations under this section at least forty-five days prior to the effective date of any 

such transfer. The written request will describe the transferee's financial and technical 

capability to assume the obligations under this section, and will include a statement of the 

transferee's intention to fully comply with the terms of this section and to sign the Final 

Project Agreement for this XL Project as an additional party. 

 (iii) Within thirty days of receipt of both the written notice and written request 

described in paragraphs (f)(7)(i) and (f)(7)(ii) of this section, EPA will determine, based 

on all relevant information, whether to approve a transfer of rights and obligations under 

this section from OSi to a different owner. 

 (8) The constituents to be identified by the Sistersville Plant pursuant to paragraphs 

(f)(2)(vi)(C)(2)(ii) and (f)(2)(viii)(C)(5)(iii) of this section are: 1 Naphthalenamine; 1, 2, 

4 Trichlorobenzene; 1,1 Dichloroethylene; 1,1,1 Trichloroethane; 1,1,1,2 

Tetrachloroethane; 1,1,2 Trichloro 1,2,2 Triflouroethane; 1,1,2 Trichloroethane; 1,1,2,2 

Tetrachloroethane; 1,2 Dichlorobenzene; 1,2 Dichloroethane; 1,2 Dichloropropane; 1,2 

Dichloropropanone; 1,2 Transdichloroethene; 1,2, Trans--Dichloroethene; 1,2,4,5 

Tetrachlorobenzine; 1,3 Dichlorobenzene; 1,4 Dichloro 2 butene; 1,4 Dioxane; 2 

Chlorophenol; 2 Cyclohexyl 4,6 dinitrophenol; 2 Methyl Pyridine; 2 Nitropropane; 2, 4-

Di-nitrotoluene; Acetone; Acetonitrile; Acrylonitrile; Allyl Alcohol; Aniline; Antimony; 

Arsenic; Barium; Benzene; Benzotrichloride; Benzyl Chloride; Beryllium; Bis (2 ethyl 

Hexyl) Phthalate; Butyl Alcohol, n; Butyl Benzyl Phthalate; Cadmium; Carbon Disulfide; 

Carbon Tetrachloride; Chlorobenzene; Chloroform; Chloromethane; Chromium; 

Chrysene; Copper; Creosol; Creosol, m-; Creosol, o; Creosol, p; Cyanide; 

269
Cyclohexanone; Di-n-octyl phthalate; Dichlorodiflouromethane; Diethyl Phthalate; 

Dihydrosafrole; Dimethylamine; Ethyl Acetate; Ethyl benzene; Ethyl Ether; Ethylene 

Glycol Ethyl Ether; Ethylene Oxide; Formaldehyde; Isobutyl Alcohol; Lead; Mercury; 

Methanol; Methoxychlor; Methyl Chloride; Methyl Chloroformate; Methyl Ethyl Ketone; 

Methyl Ethyl Ketone Peroxide; Methyl Isobutyl Ketone; Methyl Methacrylate; 

Methylene Bromide; Methylene Chloride; Naphthalene; Nickel; Nitrobenzene; 

itroglycerine; p-Toluidine; Phenol; Phthalic Anhydride; Polychlorinated Biphenyls; 

Propargyl Alcohol; Pyridine; Safrole; Selenium; Silver; Styrene; Tetrachloroethylene; 

Tetrahydrofuran; Thallium; Toluene; Toluene 2,4 Diisocyanate; Trichloroethylene; 

Trichloroflouromethane; Vanadium; Vinyl Chloride; Warfarin; Xylene; Zinc. 

 (g) This section applies only to the facility commonly referred to as the OSi Specialties 

Plant, located on State Route 2, Sistersville, West Virginia (``Sistersville Plant''). 

 (1)(i) No later than 18 months from the date the Sistersville Plant receives written 

notification of revocation of the temporary deferral for the Sistersville Plant under 

paragraph (f) of this section, the Sistersville Plant shall, in accordance with the 

implementation schedule submitted to EPA under paragraph (g)(1)(ii) of this section, 

either come into compliance with all requirements of this subpart which had been 

deferred by paragraph (f)(1)(i) of this section, or complete a facility or process 

modification such that the requirements of Sec. 265.1086 are no longer applicable to the 

two hazardous waste surface impoundments. In any event, the Sistersville Plant must 

complete the requirements of the previous sentence no later than the MON Compliance 

Date; if the Sistersville Plant receives written notification of revocation of the 

temporary deferral after the date 18 months prior to the MON Compliance Date, the date 

by which the Sistersville Plant must complete the requirements of the previous sentence 

will be the MON Compliance Date, which would be less than 18 months from the date of 

notification of revocation. 

 (ii) Within 30 days from the date the Sistersville Plant receives written notification of 

revocation under paragraph (f)(3)(iv) of this section, the Sistersville Plant shall enter and 

maintain in the facility operating record an implementation schedule. The implementation 

schedule shall demonstrate that within 18 months from the date the Sistersville 

Plant receives written notification of revocation under paragraph (f)(3)(iv) of this section 

(but no later than the MON Compliance Date), the Sistersville Plant shall either come 

into compliance with the regulatory requirements that had been deferred by paragraph 

(f)(1)(i) of this section, or complete facility or process modification such that the 

requirements of Sec. 265.1086 are no longer applicable to the two hazardous waste 

surface impoundments. Within 30 days from the date the Sistersville Plant receives 

written notification of revocation under paragraph (f)(3)(iv) of this section, the 

Sistersville Plant shall submit a copy of the implementation schedule to the EPA and 

WVDEP Project XL contacts identified in paragraph (f)(2)(viii)(H) of this section. The 

implementation schedule shall reflect the Sistersville Plant's effort to come into 

compliance as soon as practicable (but no later than 18 months after the date the 

Sistersville Plant receives written notification of revocation, or the MON Compliance 

Date, whichever is sooner) with all regulatory requirements that had been deferred under 

paragraph (f)(1)(i) of this section, or to complete a facility or process modification as 

soon as practicable (but no later than 18 months after the date the Sistersville Plant 

270
receives written notification of revocation, or the MON Compliance Date, whichever is 

sooner) such that the requirements of Sec. 265.1086 are no longer applicable to the two 

hazardous waste surface impoundments. 

 (iii) The implementation schedule shall include the information described in either 

paragraph (g)(1)(iii)(A) or (B) of this section. 

 (A) Specific calendar dates for: award of contracts or issuance of purchase orders for 

the control equipment required by those regulatory requirements that had been deferred 

by paragraph (f)(1)(i) of this section; initiation of on-site installation of such control 

equipment; completion of the control equipment installation; performance of any testing 

to demonstrate that the installed control equipment meets the applicable standards of this 

subpart; initiation of operation of the control equipment; and compliance with all 

regulatory requirements that had been deferred by paragraph (f)(1)(i) of this section. 

 (B) Specific calendar dates for the purchase, installation, performance testing and 

initiation of operation of equipment to accomplish a facility or process modification such 

that the requirements of Sec. 265.1086 are no longer applicable to the two hazardous 

waste surface impoundments. 

 (2) Nothing in paragraphs (f) or (g) of this section shall affect any regulatory 

requirements not referenced in paragraph (f)(2)(i) or (ii) of this section, as applicable to 

the Sistersville Plant. 

 (3) In the event that a notification of revocation is issued pursuant to paragraph 

(f)(3)(iv) of this section, the requirements referenced in paragraph (f)(1)(iii) of this 

section are temporarily deferred, with respect to the two hazardous waste surface 

impoundments, provided that the Sistersville Plant is in compliance with the 

requirements of paragraphs (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of 

this section, except as provided under paragraph (g)(4) of this section. The temporary 

deferral of the previous sentence shall be effective beginning on the date the Sistersville 

Plant receives written notification of revocation, and subject to paragraph (g)(5) of this 

section, shall continue to be effective for a maximum period of 18 months from that date, 

provided that the Sistersville Plant is in compliance with the requirements of paragraphs 

(f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of this section at all times 

during that 18-month period. 

 (4) In the event that a notification of revocation is issued pursuant to paragraph 

(f)(3)(iv) of this section as a result of the permanent removal of the capper unit from 

methyl capped polyether production service, the requirements referenced in paragraph 

(f)(1)(iii) of this section are temporarily deferred, with respect to the two hazardous waste 

surface impoundments, provided that the Sistersville Plant is in compliance with the 

requirements of paragraphs (f)(2)(vi), and (g) of this section. The temporary deferral of 

the previous sentence shall be effective beginning on the date the Sistersville Plant 

receives written notification of revocation, and subject to paragraph (g)(5) of this section, 

shall continue to be effective for a maximum period of 18 months from that date, 

provided that the Sistersville Plant is in compliance with the requirements of paragraphs 

(f)(2)(vi) and (g) of this section at all times during that 18-month period. 

 (5) In no event shall the temporary deferral provided under paragraph (g)(3) or (g)(4) 

of this section be effective after the MON Compliance Date. 

[59 FR 62935, Dec. 6, 1994, as amended at 60 FR 26829, May 19, 1995; 60 

271
FR 50429, Sept. 29, 1995; 60 FR 56953, Nov. 13, 1995; 61 FR 28510, June 

5, 1996; 61 FR 59971, Nov. 25, 1996; 62 FR 52642, Oct. 8, 1997; 62 FR 

64662, Dec. 8, 1997; 63 FR 11139, Mar. 6, 1998; 63 FR 19838, Apr. 22, 

1998; 63 FR 49399, Sept. 15, 1998; 63 FR 53847, Oct. 7, 1998; 64 FR 

3389, Jan. 21, 1999; 66 FR 34376, June 28, 2001] 

§265.1081: Definitions. 

As used in this subpart, all terms not defined herein shall have the meaning given to 

them in the Act and parts 260 through 266 of this chapter. 

 Average volatile organic concentration or average VO concentration means the massweighted average volatile organic concentration of a hazardous waste as determined in 

accordance with the requirements of Sec. 265.1084 of this subpart. 

 Closure device means a cap, hatch, lid, plug, seal, valve, or other type of fitting that 

blocks an opening in a cover such that when the device is secured in the closed position it 

prevents or reduces air pollutant emissions to the atmosphere. Closure devices include 

devices that are detachable from the cover (e.g., a sampling port cap), manually operated 

(e.g., a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded 

pressure relief valve). 

 Continuous seal means a seal that forms a continuous closure that completely covers 

the space between the edge of the floating roof and the wall of a tank. A continuous seal 

may be a vapor-mounted seal, liquid-mounted seal, or metallic shoe seal. A continuous 

seal may be constructed of fastened segments so as to form a continuous seal. 

 Cover means a device that provides a continuous barrier over the hazardous waste 

managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover 

may have openings (such as access hatches, sampling ports, gauge wells) that are 

necessary for operation, inspection, maintenance, and repair of the unit on which the 

cover is used. A cover may be a separate piece of equipment which can be detached and 

removed from the unit or a cover may be formed by structural features permanently 

integrated into the design of the unit. 

 Enclosure means a structure that surrounds a tank or container, captures organic vapors 

emitted from the tank or container, and vents the captured vapors through a closed-vent 

system to a control device. 

 External floating roof means a pontoon-type or double-deck type cover that rests on 

the surface of the material managed in a tank with no fixed roof. 

 Fixed roof means a cover that is mounted on a unit in a stationary position and does 

not move with fluctuations in the level of the material managed in the unit. 

272
 Floating membrane cover means a cover consisting of a synthetic flexible membrane 

material that rests upon and is supported by the hazardous waste being managed in a 

surface impoundment. 

 Floating roof means a cover consisting of a double deck, pontoon single deck, or 

internal floating cover which rests upon and is supported by the material being contained, 

and is equipped with a continuous seal. 

 Hard-piping means pipe or tubing that is manufactured and properly installed in 

accordance with relevant standards and good engineering practices. 

 In light material service means the container is used to manage a material for which 

both of the following conditions apply: The vapor pressure of one or more of the organic 

constituents in the material is greater than 0.3 kilopascals (kPa) at 20 ° C; and the total 

concentration of the pure organic constituents having a vapor pressure greater than 0.3 

kPa at 20 ° C is equal to or greater than 20 percent by weight. 

 Internal floating roof means a cover that rests or floats on the material surface (but not 

necessarily in complete contact with it) inside a tank that has a fixed roof. 

 Liquid-mounted seal means a foam or liquid-filled primary seal mounted in contact 

with the hazardous waste between the tank wall and the floating roof continuously around 

the circumference of the tank. 

 Malfunction means any sudden, infrequent, and not reasonably preventable failure of 

air pollution control equipment, process equipment, or a process to operate in a normal or 

usual manner. Failures that are caused in part by poor maintenance or careless operation 

are not malfunctions. 

 

Maximum organic vapor pressure means the sum of the individual organic constituent 

partial pressures exerted by the material contained in a tank, at the maximum vapor 

pressure-causing conditions (i.e., temperature, agitation, pH effects of combining wastes, 

etc.) reasonably expected to occur in the tank. For the purpose of this subpart, maximum 

organic vapor pressure is determined using the procedures specified in Sec. 265.1084(c) 

of this subpart. 

 Metallic shoe seal means a continuous seal that is constructed of metal sheets which 

are held vertically against the wall of the tank by springs, weighted levers, or other 

mechanisms and is connected to the floating roof by braces or other means. A flexible 

coated fabric (envelope) spans the annular space between the metal sheet and the floating 

roof. 

 No detectable organic emissions means no escape of organics to the atmosphere as 

determined using the procedure specified in Sec. 265.1084(d) of this subpart. 

 Point of waste origination means as follows: 

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(1) When the facility owner or operator is the generator of the hazardous waste, the point 

of waste origination means the point where a solid waste produced by a system, process, 

or waste management unit is determined to be a hazardous waste as defined in 40 CFR 

part 261. 

 Note: In this case, this term is being used in a manner similar to the use of the term 

``point of generation'' in air standards established for waste management operations under 

authority of the Clean Air Act in 40 CFR parts 60, 61, and 63.] 

(2) When the facility owner and operator are not the generator of the hazardous waste, 

point of waste origination means the point where the owner or operator accepts delivery 

or takes possession of the hazardous waste. 

 Point of waste treatment means the point where a hazardous waste to be treated in 

accordance with Sec. 265.1083(c)(2) of this subpart exits the treatment process. Any 

waste determination shall be made before the waste is conveyed, handled, or otherwise 

managed in a manner that allows the waste to volatilize to the atmosphere. 

 Safety device means a closure device such as a pressure relief valve, frangible disc, 

fusible plug, or any other type of device which functions exclusively to prevent physical 

damage or permanent deformation to a unit or its air emission control equipment by 

venting gases or vapors directly to the atmosphere during unsafe conditions resulting 

from an unplanned, accidental, or emergency event. For the purpose of this subpart, a 

safety device is not used for routine venting of gases or vapors from the vapor headspace 

underneath a cover such as during filling of the unit or to adjust the pressure in this vapor 

headspace in response to normal daily diurnal ambient temperature fluctuations. A safety 

device is designed to remain in a closed position during normal operations and open only 

when the internal pressure, or another relevant parameter, exceeds the device threshold 

setting applicable to the air emission control equipment as determined by the owner or 

operator based on manufacturer recommendations, applicable regulations, fire protection 

and prevention codes, standard engineering codes and practices, or other requirements for 

the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. 

 Single-seal system means a floating roof having one continuous seal. This seal may be 

vapor-mounted, liquid-mounted, or a metallic shoe seal. 

 Vapor-mounted seal means a continuous seal that is mounted such that there is a vapor 

space between the hazardous waste in the unit and the bottom of the seal. 

 Volatile organic concentration or VO concentration means the fraction by weight of 

the volatile organic compounds contained in a hazardous waste expressed in terms of 

parts per million (ppmw) as determined by direct measurement or by knowledge of the 

waste in accordance with the requirements of Sec. 265.1084 of this subpart. For the 

purpose of determining the VO concentration of a hazardous waste, organic compounds 

with a Henry's law constant value of at least 0.1 mole-fraction-in-the-gas-phase/molefraction-in the liquid-phase (0.1 Y/X) (which can also be expressed as 1.8x10-6

274
atmospheres/gram-mole/m3

) at 25 degrees Celsius must be included. Appendix VI of this 

subpart presents a list of compounds known to have a Henry's law constant value less 

than the cutoff level. 

 Waste determination means performing all applicable procedures in accordance with 

the requirements of Sec. 265.1084 of this subpart to determine whether a hazardous waste 

meets standards specified in this subpart. Examples of a waste determination include 

performing the procedures in accordance with the requirements of Sec. 265.1084 of this 

subpart to determine the average VO concentration of a hazardous waste at the point of 

waste origination; the average VO concentration of a hazardous waste at the point of 

waste treatment and comparing the results to the exit concentration limit specified for the 

process used to treat the hazardous waste; the organic reduction efficiency and the 

organic biodegradation efficiency for a biological process used to treat a hazardous waste 

and comparing the results to the applicable standards; or the maximum volatile organic 

vapor pressure for a hazardous waste in a tank and comparing the results to the applicable 

standards. 

Waste stabilization process means any physical or chemical process used to either 

reduce the mobility of hazardous constituents in a hazardous waste or eliminate free 

liquids as determined by Test Method 9095B (Paint Filter Liquids Test) in ``Test 

Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW846, as incorporated by reference in Sec. 260.11. A waste stabilization process includes 

mixing the hazardous waste with binders or other materials, and curing the resulting 

hazardous waste and binder mixture. Other synonymous terms used to refer to this 

process are ``waste fixation'' or ``waste solidification.'' This does not include the adding 

of absorbent materials to the surface of a waste, without mixing, agitation, or subsequent 

curing, to absorb free liquid. 

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4914, Feb. 9, 1996; 61 

FR 59971, Nov. 25, 1996; 62 FR 64662, Dec. 8, 1997] 

§265.1082: Schedule for implementation of air emission standards. 

(a) Owners or operators of facilities existing on December 6, 1996 and subject to subparts 

I, J, and K of this part shall meet the following requirements: 

(1) Install and begin operation of all control equipment or waste management units 

required to comply with this subpart and complete modifications of production or 

treatment processes to satisfy exemption criteria in accordance with Sec. 265.1083(c) of 

this subpart by December 6, 1996, except as provided for in paragraph (a)(2) of this 

section. 

(2) When control equipment or waste management units required to comply with this 

subpart cannot be installed and in operation or modifications of production or treatment 

processes to satisfy exemption criteria in accordance with Sec. 265.1083(c) of this 

subpart cannot be completed by December 6, 1996, the owner or operator shall: 

275
(i) Install and begin operation of the control equipment and waste management units, and 

complete modifications of production or treatment processes as soon as possible but no 

later than December 8, 1997. 

(ii) Prepare an implementation schedule that includes the following information: specific 

calendar dates for award of contracts or issuance of purchase orders for control 

equipment, waste management units, and production or treatment process modifications; 

initiation of on-site installation of control equipment or waste management units, and 

modifications of production or treatment processes; completion of control equipment or 

waste management unit installation, and production or treatment process modifications; 

and performance of testing to demonstrate that the installed equipment or waste 

management units, and modified production or treatment processes meet the applicable 

standards of this subpart. 

(iii) For facilities subject to the recordkeeping requirements of Sec. 265.73 of this part, 

the owner or operator shall enter the implementation schedule specified in paragraph 

(a)(2)(ii) of this section in the operating record no later than December 6, 1996. 

(iv) For facilities not subject to Sec. 265.73 of this part, the owner or operator shall enter 

the implementation schedule specified in paragraph (a)(2)(ii) of this section in a 

permanent, readily available file located at the facility no later than December 6, 1996. 

(b) Owners or operators of facilities and units in existence on the effective date of a 

statutory or EPA regulatory amendment that renders the facility subject to subparts I, J, or 

K of this part shall meet the following requirements: 

(1) Install and begin operation of control equipment or waste management units required 

to comply with this subpart, and complete modifications of production or treatment 

processes to satisfy exemption criteria of Sec. 265.1083(c) of this subpart by the effective 

date of the amendment, except as provided for in paragraph (b)(2) of this section. 

(2) When control equipment or waste management units required to comply with this 

subpart cannot be installed and begin operation, or when modifications of production or 

treatment processes to satisfy exemption criteria of Sec. 265.1083(c) of this subpart 

cannot be completed by the effective date of the amendment, the owner or operator shall: 

(i) Install and begin operation of the control equipment or waste management unit, and 

complete modification of production or treatment processes as soon as possible but no 

later than 30 months after the effective date of the amendment. 

(ii) For facilities subject to the recordkeeping requirements of Sec. 265.73 of this part, 

enter and maintain the implementation schedule specified in paragraph (a)(2)(ii) of this 

section in the operating record no later than the effective date of the amendment, or 

(iii) For facilities not subject to Sec. 265.73 of this part, the owner or operator shall enter 

and maintain the implementation schedule specified in paragraph (a)(2)(ii) of this section 

in a permanent, readily available file located at the facility site no later than the effective 

date of the amendment. 

(c) Owners and operators of facilities and units that become newly subject to the 

requirements of this subpart after December 8, 1997 due to an action other than those 

described in paragraph (b) of this section must comply with all applicable requirements 

immediately (i.e., must have control devices installed and operating on the date the 

facility or unit becomes subject to this subpart; the 30-month implementation schedule 

does not apply). 

276
(d) The Regional Administrator may elect to extend the implementation date for control 

equipment at a facility, on a case by case basis, to a date later than December 8, 1997, 

when special circumstances that are beyond the facility owner's or operator's control 

delay installation or operation of control equipment, and the owner or operator has made 

all reasonable and prudent attempts to comply with the requirements of this subpart. 

[62 FR 64662, Dec. 8, 1997] 

§265.1083: Standards: General. 

(a) This section applies to the management of hazardous waste in tanks, surface 

impoundments, and containers subject to this subpart. 

(b) The owner or operator shall control air pollutant emissions from each hazardous 

waste management unit in accordance with standards specified in Sec. Sec. 265.1085

through 265.1088 of this subpart, as applicable to the hazardous waste management unit, 

except as provided for in paragraph (c) of this section. 

(c) A tank, surface impoundment, or container is exempt from standards specified in Sec. 

265.1085 through Sec. 265.1088 of this subpart, as applicable, provided that the waste 

management unit is one of the following: 

(1) A tank, surface impoundment, or container for which all hazardous waste entering the 

unit has an average VO concentration at the point of waste origination of less than 500 

parts per million by weight (ppmw). The average VO concentration shall be determined 

using the procedures specified in Sec. 265.1084(a) of this subpart. The owner or operator 

shall review and update, as necessary, this determination at least once every 12 months 

following the date of the initial determination for the hazardous waste streams entering 

the unit. 

(2) A tank, surface impoundment, or container for which the organic content of all the 

hazardous waste entering the waste management unit has been reduced by an organic 

destruction or removal process that achieves any one of the following conditions: 

(i) A process that removes or destroys the organics contained in the hazardous waste to a 

level such that the average VO concentration of the hazardous waste at the point of waste 

treatment is less than the exit concentration limit (Ct) established for the process. The 

average VO concentration of the hazardous waste at the point of waste treatment and the 

exit concentration limit for the process shall be determined using the procedures specified 

in Sec. 265.1084(b) of this subpart. 

(ii) A process that removes or destroys the organics contained in the hazardous waste to a 

level such that the organic reduction efficiency (R) for the process is equal to or greater 

than 95 percent, and the average VO concentration of the hazardous waste at the point of 

waste treatment is less than 100 ppmw. The organic reduction efficiency for the process 

and the average VO concentration of the hazardous waste at the point of waste treatment 

shall be determined using the procedures specified in Sec. 265.1084(b) of this subpart. 

(iii) A process that removes or destroys the organics contained in the hazardous waste to 

a level such that the actual organic mass removal rate (MR) for the process is equal to or 

greater than the required organic mass removal rate (RMR) established for the process. 

The required organic mass removal rate and the actual organic mass removal rate for the 

process shall be determined using the procedures specified in Sec. 265.1084(b) of this 

subpart. 

277
(iv) A biological process that destroys or degrades the organics contained in the 

hazardous waste, such that either of the following conditions is met: 

(A) The organic reduction efficiency (R) for the process is equal to or greater than 95 

percent, and the organic biodegradation efficiency (Rbio) for the process is equal to or 

greater than 95 percent. The organic reduction efficiency and the organic biodegradation 

efficiency for the process shall be determined using the procedures specified in Sec. 

265.1084(b) of this subpart. 

(B) The total actual organic mass biodegradation rate (MRbio) for all hazardous waste 

treated by the process is equal to or greater than the required organic mass removal rate 

(RMR). The required organic mass removal rate and the actual organic mass 

biodegradation rate for the process shall be determined using the procedures specified in 

Sec. 265.1084(b) of this subpart. 

(v) A process that removes or destroys the organics contained in the hazardous waste and 

meets all of the following conditions: 

(A) From the point of waste origination through the point where the hazardous waste 

enters the treatment process, the hazardous waste is managed continuously in waste 

management units which use air emission controls in accordance with the standards 

specified in Sec. 265.1085 through Sec. 265.1088 of this subpart, as applicable to the 

waste management unit. 

(B) From the point of waste origination through the point where the hazardous waste 

enters the treatment process, any transfer of the hazardous waste is accomplished through 

continuous hard-piping or other closed system transfer that does not allow exposure of 

the waste to the atmosphere. The EPA considers a drain system that meets the 

requirements of 40 CFR part 63, subpart RR--National Emission Standards for 

Individual Drain Systems to be a closed system. 

(C) The average VO concentration of the hazardous waste at the point of waste treatment 

is less than the lowest average VO concentration at the point of waste origination 

determined for each of the individual waste streams entering the process or 500 ppmw, 

whichever value is lower. The average VO concentration of each individual waste stream 

at the point of waste origination shall be determined using the procedures specified in 

Sec. 265.1084(a) of this subpart. The average VO concentration of the hazardous waste at 

the point of waste treatment shall be determined using the procedures specified in Sec. 

265.1084(b) of this subpart. 

(vi) A process that removes or destroys the organics contained in the hazardous waste to 

a level such that the organic reduction efficiency (R) for the process is equal to or greater 

than 95 percent and the owner or operator certifies that the average VO concentration at 

the point of waste origination for each of the individual waste streams entering the 

process is less than 10,000 ppmw. The organic reduction efficiency for the process and 

the average VO concentration of the hazardous waste at the point of waste origination 

shall be determined using the procedures specified in Sec. 265.1084(b) and Sec. 

265.1084(a) of this subpart, respectively. 

(vii) A hazardous waste incinerator for which the owner or operator has either: 

(A) Been issued a final permit under 40 CFR part 270 which implements the 

requirements of 40 CFR part 264, subpart O; or 

(B) Has designed and operates the incinerator in accordance with the interim status 

requirements of subpart O of this part. 

278
(viii) A boiler or industrial furnace for which the owner or operator has either: 

(A) Been issued a final permit under 40 CFR part 270 which implements the 

requirements of 40 CFR part 266, subpart H, or 

(B) Has designed and operates the boiler or industrial furnace in accordance with the 

interim status requirements of 40 CFR part 266, subpart H. 

(ix) For the purpose of determining the performance of an organic destruction or removal 

process in accordance with the conditions in each of paragraphs (c)(2)(i) through 

(c)(2)(vi) of this section, the owner or operator shall account for VO concentrations 

determined to be below the limit of detection of the analytical method by using the 

following VO concentration: 

(A) If Method 25D in 40 CFR part 60, appendix A is used for the analysis, one-half the 

blank value determined in the method at section 4.4 of Method 25D in 40 CFR part 60, 

appendix A, or a value of 25 ppmw, whichever is less. 

(B) If any other analytical method is used, one-half the sum of the limits of detection 

established for each organic constituent in the waste that has a Henry's law constant value 

at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) 

[which can also be expressed as 1.8x10-6 atmospheres/gram-mole/m3] at 25 degrees 

Celsius. 

(3) A tank or surface impoundment used for biological treatment of hazardous waste in 

accordance with the requirements of paragraph (c)(2)(iv) of this section. 

(4) A tank, surface impoundment, or container for which all hazardous waste placed in 

the unit either: 

(i) Meets the numerical concentration limits for organic hazardous constituents, 

applicable to the hazardous waste, as specified in 40 CFR part 268--Land Disposal 

Restrictions under Table ``Treatment Standards for Hazardous Waste'' in 40 CFR 268.40; 

or 

(ii) The organic hazardous constituents in the waste have been treated by the treatment 

technology established by the EPA for the waste in 40 CFR 268.42(a), or have been 

removed or destroyed by an equivalent method of treatment approved by EPA pursuant 

to 40 CFR 268.42(b). 

(5) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the 

following conditions are met: 

(i) The tank is located inside an enclosure vented to a control device that is designed and 

operated in accordance with all applicable requirements specified under 40 CFR part 61, 

subpart FF--National Emission Standards for Benzene Waste Operations for a facility at 

which the total annual benzene quantity from the facility waste is equal to or greater than 

10 megagrams per year; 

(ii) The enclosure and control device serving the tank were installed and began operation 

prior to November 25, 1996; and 

(iii) The enclosure is designed and operated in accordance with the criteria for a 

permanent total enclosure as specified in ``Procedure T--Criteria for and Verification of a 

Permanent or Temporary Total Enclosure'' under 40CFR 52.741, Appendix B. The 

enclosure may have permanent or temporary openings to allow worker access; passage of 

material into or out of the enclosure by conveyor, vehicles, or other mechanical or 

electrical equipment; or to direct air flow into the enclosure. The owner or operator shall 

perform the verification procedure for the enclosure as specified in Section 5.0 to 

279
``Procedure T--Criteria for and Verification of a Permanent or Temporary Total 

Enclosure'' annually. 

(d) The Regional Administrator may at any time perform or request that the owner or 

operator perform a waste determination for a hazardous waste managed in a tank, surface 

impoundment, or container exempted from using air emission controls under the 

provisions of this section as follows: 

(1) The waste determination for average VO concentration of a hazardous waste at the 

point of waste origination shall be performed using direct measurement in accordance 

with the applicable requirements of Sec. 265.1084(a) of this subpart. The waste 

determination for a hazardous waste at the point of waste treatment shall be performed in 

accordance with the applicable requirements of Sec. 265.1084(b) of this subpart. 

(2) In performing a waste determination pursuant to paragraph (d)(1) of this section, the 

sample preparation and analysis shall be conducted as follows: 

(i) In accordance with the method used by the owner or operator to perform the waste 

analysis, except in the case specified in paragraph (d)(2)(ii) of this section. 

(ii) If the Regional Administrator determines that the method used by the owner or 

operator was not appropriate for the hazardous waste managed in the tank, surface 

impoundment, or container, then the Regional Administrator may choose an appropriate 

method. 

(3) In a case when the owner or operator is requested to perform the waste determination, 

the Regional Administrator may elect to have an authorized representative observe the 

collection of the hazardous waste samples used for the analysis. 

(4) In a case when the results of the waste determination performed or requested by the 

Regional Administrator do not agree with the results of a waste determination performed 

by the owner or operator using knowledge of the waste, then the results of the waste 

determination performed in accordance with the requirements of paragraph (d)(1) of this 

section shall be used to establish compliance with the requirements of this subpart. 

(5) In a case when the owner or operator has used an averaging period greater than 1 hour 

for determining the average VO concentration of a hazardous waste at the point of waste 

origination, the Regional Administrator may elect to establish compliance with this 

subpart by performing or requesting that the owner or operator perform a waste 

determination using direct measurement based on waste samples collected within a 1-

hour period as follows: 

(i) The average VO concentration of the hazardous waste at the point of waste origination 

shall be determined by direct measurement in accordance with the requirements of Sec. 

265.1084(a) of this subpart. 

(ii) Results of the waste determination performed or requested by the Regional 

Administrator showing that the average VO concentration of the hazardous waste at the 

point of waste origination is equal to or greater than 500 ppmw shall constitute 

noncompliance with this subpart except in a case as provided for in paragraph (d)(5)(iii) 

of this section. 

(iii) For the case when the average VO concentration of the hazardous waste at the point 

of waste origination previously has been determined by the owner or operator using an 

averaging period greater than 1 hour to be less than 500 ppmw but because of normal 

operating process variations the VO concentration of the hazardous waste determined by 

direct measurement for any given 1-hour period may be equal to or greater than 500 

280
ppmw, information that was used by the owner or operator to determine the average VO 

concentration of the hazardous waste (e.g., test results, measurements, calculations, and 

other documentation) and recorded in the facility records in accordance with the 

requirements of Sec. 265.1084(a) and Sec. 265.1090 of this subpart shall be considered 

by the Regional Administrator together with the results of the waste determination 

performed or requested by the Regional Administrator in establishing compliance with 

this subpart. 

[61 FR 59972, Nov. 25, 1996, as amended at 62 FR 64663, Dec. 8, 1997] 

§265.1084: Waste determination procedures. 

(a) Waste determination procedure to determine average volatile organic (VO) 

concentration of a hazardous waste at the point of waste origination. 

(1) An owner or operator shall determine the average VO concentration at the point of 

waste origination for each hazardous waste placed in a waste management unit exempted 

under the provisions of Sec. 265.1083(c)(1) of this subpart from using air emission 

controls in accordance with standards specified in Sec. 265.1085 through Sec. 

265.1088 of this subpart, as applicable to the waste management unit. 

(i) An initial determination of the average VO concentration of the waste stream shall be 

made before the first time any portion of the material in the hazardous waste stream is 

placed in a waste management unit exempted under the provisions of Sec. 265.1083(c)(1) 

of this subpart from using air emission controls, and thereafter an initial determination of 

the average VO concentration of the waste stream shall be made for each averaging 

period that a hazardous waste is managed in the unit; and 

(ii) Perform a new waste determination whenever changes to the source generating the 

waste stream are reasonably likely to cause the average VO concentration of the 

hazardous waste to increase to a level that is equal to or greater than the VO 

concentration limit specified in Sec. 265.1083(c)(1) of this subpart. 

(2) For a waste determination that is required by paragraph (a)(1) of this section, the 

average VO concentration of a hazardous waste at the point of waste origination shall be 

determined using either direct measurement as specified in paragraph (a)(3) of this 

section or by knowledge as specified in paragraph (a)(4) of this section. 

(3) Direct measurement to determine average VO concentration of a hazardous waste at 

the point of waste origination. 

(i) Identification. The owner or operator shall identify and record the point of waste 

origination for the hazardous waste. 

(ii) Sampling. Samples of the hazardous waste stream shall be collected at the point of 

waste origination in a manner such that volatilization of organics contained in the waste 

and in the subsequent sample is minimized and an adequately representative sample is 

collected and maintained for analysis by the selected method. 

(A) The averaging period to be used for determining the average VO concentration for 

the hazardous waste stream on a mass-weighted average basis shall be designated and 

recorded. The averaging period can represent any time interval that the owner or operator 

determines is appropriate for the hazardous waste stream but shall not exceed 1 year. 

281
(B) A sufficient number of samples, but no less than four samples, shall be collected and 

analyzed for a hazardous waste determination. All of the samples for a given waste 

determination shall be collected within a one-hour period. The average of the four or 

more sample results constitutes a waste determination for the waste stream. One or more 

waste determinations may be required to represent the complete range of waste 

compositions and quantities that occur during the entire averaging period due to normal 

variations in the operating conditions for the source or process generating the hazardous 

waste stream. Examples of such normal variations are seasonal variations in waste 

quantity or fluctuations in ambient temperature. 

(C) All samples shall be collected and handled in accordance with written procedures 

prepared by the owner or operator and documented in a site sampling plan. This plan 

shall describe the procedure by which representative samples of the hazardous waste 

stream are collected such that a minimum loss of organics occurs throughout the sample 

collection and handling process, and by which sample integrity is maintained. A copy of 

the written sampling plan shall be maintained on-site in the facility operating records. An 

example of acceptable sample collection and handling procedures for a total volatile 

organic constituent concentration may be found in Method 25D in 40 CFR part 60, 

appendix A. 

 (D) Sufficient information, as specified in the ``site sampling plan'' required under 

paragraph (a)(3)(ii)(C) of this section, shall be prepared and recorded to document the 

waste quantity represented by the samples and, as applicable, the operating conditions for 

the source or process generating the hazardous waste represented by the samples. 

(iii) Analysis. Each collected sample shall be prepared and analyzed in accordance with 

Method 25D in 40 CFR part 60, appendix A for the total concentration of volatile organic 

constituents, or using one or more methods when the individual organic compound 

concentrations are identified and summed and the summed waste concentration accounts 

for and reflects all organic compounds in the waste with Henry's law constant values at 

least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) 

[which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees 

Celsius. At the owner or operator's discretion, the owner or operator may adjust test data 

obtained by any appropriate method to discount any contribution to the total volatile 

organic concentration that is a result of including a compound with a Henry's law 

constant value of less than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the 

measured concentration of each individual chemical constituent contained in the waste is 

multiplied by the appropriate constituent-specific adjustment factor (fm25D). If the owner 

or operator elects to adjust test data, the adjustment must be made to all individual 

chemical constituents with a Henry's law constant value greater than or equal to 0.1 Y/X 

at 25 degrees Celsius contained in the waste. Constituent-specific adjustment factors 

(fm25D) can be obtained by contacting the Waste and Chemical Processes Group, Office of 

Air Quality Planning and Standards, Research Triangle Park, NC 27711. Other test 

methods may be used if they meet the requirements in paragraph (a)(3)(iii)(A) or (B) of 

this section and provided the requirement to reflect all organic compounds in the waste 

with Henry's law constant values greater than or equal to 0.1 Y/X [which can also be 

expressed as 1.8 x 10-6 atmospheres/gram-mole/m3

] at 25 degrees Celsius, is met. 

282
 (A) Any EPA standard method that has been validated in accordance with ``Alternative 

Validation Procedure for EPA Waste and Wastewater Methods,'' 40 CFR part 63, 

appendix D. 

 (B) Any other analysis method that has been validated in accordance with the 

procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in 

Section 6.1 or Section 6.3, of Method 301 in 40 CFR part 63, appendix A. The data are 

acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 

301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if 

the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 are not 

required. 

(iv) Calculations. 

(A) The average VO concentration (C) on a mass-weighted basis shall be calculated by 

using the results for all waste determinations conducted in accordance with paragraphs 

(a)(3) (ii) and (iii) of this section and the following equation: 

where: 

C = Average VO concentration of the hazardous waste at the point of waste origination 

on a mass-weighted basis, ppmw. 

i = Individual waste determination ``i'' of the hazardous waste. 

n = Total number of waste determinations of the hazardous waste conducted for the 

averaging period (not to exceed 1 year). 

Qi = Mass quantity of hazardous waste stream represented by Ci, kg/hr. 

QT = Total mass quantity of hazardous waste during the averaging period, kg/hr. 

Ci = Measured VO concentration of waste determination ``i'' as determined in accordance 

with the requirements of paragraph (a)(3)(iii) of this section (i.e. the average of the four 

or more samples specified in paragraph (a)(3)(ii)(B) of this section), ppmw. 

(B) For the purpose of determining Ci, for individual waste samples analyzed in 

accordance with paragraph (a)(3)(iii) of this section, the owner or operator shall account 

for VO concentrations determined to be below the limit of detection of the analytical 

method by using the following VO concentration: 

(1) If Method 25D in 40 CFR part 60, Appendix A is used for the analysis, one-half the 

blank value determined in the method at section 4.4 of Method 25D in 40 CFR part 60, 

appendix A. 

(2) If any other analytical method is used, one-half the sum of the limits of detection 

established for each organic constituent in the waste that has a Henry's law constant 

values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 

Y/X) [which can also be expressed as 1.8x10-6 atmospheres/gram-mole/m3

] at 25 degrees 

Celsius. 

(v) Provided that the test method is appropriate for the waste as required under paragraph 

(a)(3)(iii) of this section, the EPA will determine compliance based on the test method 

used by the owner or operator as recorded pursuant to Sec. 265.1090(f)(1) of this subpart. 

283
(4) Use of owner or operator knowledge to determine average VO concentration of a 

hazardous waste at the point of waste origination. 

(i) Documentation shall be prepared that presents the information used as the basis for the 

owner's or operator's knowledge of the hazardous waste stream's average VO 

concentration. Examples of information that may be used as the basis for knowledge 

include: Material balances for the source or process generating the hazardous waste 

stream; constituent-specific chemical test data for the hazardous waste stream from 

previous testing that are still applicable to the current waste stream; previous test data for 

other locations managing the same type of waste stream; or other knowledge based on 

information included in manifests, shipping papers, or waste certification notices. 

(ii) If test data are used as the basis for knowledge, then the owner or operator shall 

document the test method, sampling protocol, and the means by which sampling 

variability and analytical variability are accounted for in the determination of the average 

VO concentration. For example, an owner or operator may use organic concentration test 

data for the hazardous waste stream that are validated in accordance with Method 301 in 

40 CFR part 63, appendix A as the basis for knowledge of the waste. 

(iii) An owner or operator using chemical constituent-specific concentration test data as 

the basis for knowledge of the hazardous waste may adjust the test data to the 

corresponding average VO concentration value which would have been obtained had the 

waste samples been analyzed using Method 25D in 40 CFR part 60, appendix A. To 

adjust these data, the measured concentration for each individual chemical constituent 

contained in the waste is multiplied by the appropriate constituent-specific adjustment 

factor (fm25D). 

(iv) In the event that the Regional Administrator and the owner or operator disagree on a 

determination of the average VO concentration for a hazardous waste stream using 

knowledge, then the results from a determination of average VO concentration using 

direct measurement as specified in paragraph (a)(3) of this section shall be used to 

establish compliance with the applicable requirements of this subpart. The Regional 

Administrator may perform or request that the owner or operator perform this 

determination using direct measurement. The owner or operator may choose one or more 

appropriate methods to analyze each collected sample in accordance with the 

requirements of paragraph (a)(3)(iii) of this section. 

(b) Waste determination procedures for treated hazardous waste. 

(1) An owner or operator shall perform the applicable waste determination for each 

treated hazardous waste placed in a waste management unit exempted under the 

provisions of Sec. 265.1083 (c)(2)(i) through (c)(2)(vi) of this subpart from using air 

emission controls in accordance with standards specified in Sec. Sec. 265.1085 through 

265.1088 of this subpart, as applicable to the waste management unit. 

(i) An initial determination of the average VO concentration of the waste stream shall be 

made before the first time any portion of the material in the treated waste stream is placed 

in a waste management unit exempted under the provisions of Sec. 265.1083(c)(2), Sec. 

265.1083(c)(3), or Sec. 265.1083(c)(4) of this subpart from using air emission controls, 

and thereafter update the information used for the waste determination at least once every 

12 months following the date of the initial waste determination; and 

(ii) Perform a new waste determination whenever changes to the process generating or 

treating the waste stream are reasonably likely to cause the average VO concentration of 

284
the hazardous waste to increase to a level such that the applicable treatment conditions 

specified in Sec. 265.1083(c)(2), Sec. 265.1083(c)(3), or Sec. 265.1083(c)(4) of this 

subpart are not achieved. 

(2) The owner or operator shall designate and record the specific provision in Sec. 

265.1083(c)(2) of this subpart under which the waste determination is being performed. 

The waste determination for the treated hazardous waste shall be performed using the 

applicable procedures specified in paragraphs (b)(3) through (b)(9) of this section. 

(3) Procedure to determine the average VO concentration of a hazardous waste at the 

point of waste treatment. 

(i) Identification. The owner or operator shall identify and record the point of waste 

treatment for the hazardous waste. 

(ii) Sampling. Samples of the hazardous waste stream shall be collected at the point of 

waste treatment in a manner such that volatilization of organics contained in the waste 

and in the subsequent sample is minimized and an adequately representative sample is 

collected and maintained for analysis by the selected method. 

(A) The averaging period to be used for determining the average VO concentration for 

the hazardous waste stream on a mass-weighted average basis shall be designated and 

recorded. The averaging period can represent any time interval that the owner or operator 

determines is appropriate for the hazardous waste stream but shall not exceed 1 year. 

(B) A sufficient number of samples, but no less than four samples, shall be collected and 

analyzed for a hazardous waste determination. All of the samples for a given waste 

determination shall be collected within a one-hour period. The average of the four or 

more sample results constitutes a waste determination for the waste stream. One or more 

waste determinations may be required to represent the complete range of waste 

compositions and quantities that occur during the entire averaging period due to normal 

variations in the operating conditions for the process generating or treating the hazardous 

waste stream. Examples of such normal variations are seasonal variations in waste 

quantity or fluctuations in ambient temperature. 

 (C) All samples shall be collected and handled in accordance with written procedures 

prepared by the owner or operator and documented in a site sampling plan. This plan 

shall describe the procedure by which representative samples of the hazardous waste 

stream are collected such that a minimum loss of organics occurs throughout the sample 

collection and handling process, and by which sample integrity is maintained. A copy of 

the written sampling plan shall be maintained on-site in the facility operating records. An 

example of acceptable sample collection and handling procedures for a total volatile 

organic constituent concentration may be found in Method 25D in 40 CFR part 60, 

appendix A. 

 (D) Sufficient information, as specified in the ``site sampling plan'' required under 

paragraph (C) of (b)(3)(ii)this section, Sec. 265.1084(b)(3)(ii), shall be prepared and 

recorded to document the waste quantity represented by the samples and, as applicable, 

the operating conditions for the process treating the hazardous waste represented by the 

samples. 

(iii) Analysis. Each collected sample shall be prepared and analyzed in accordance with 

Method 25D in 40 CFR part 60, appendix A for the total concentration of volatile organic 

constituents, or using one or more methods when the individual organic compound 

concentrations are identified and summed and the summed waste concentration accounts 

285
for and reflects all organic compounds in the waste with Henry's law constant values at 

least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) 

[which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3

] at 25 degrees 

Celsius. 

When the owner or operator is making a waste determination for a treated hazardous 

waste that is to be compared to an average VO concentration at the point of waste 

origination or the point of waste entry to the treatment system to determine if the 

conditions of Sec. 264.1082(c)(2)(i) through (c)(2)(vi) of this chapter, or Sec. 

265.1083(c)(2)(i) through (c)(2)(vi) of this subpart are met, then the waste samples shall 

be prepared and analyzed using the same method or methods as were used in making the 

initial waste determinations at the point of waste origination or at the point of entry to the 

treatment system. At the owner or operator's discretion, the owner or operator may adjust 

test data obtained by any appropriate method to discount any contribution to the total 

volatile organic concentration that is a result of including a compound with a Henry's law 

constant value less than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the measured 

concentration of each individual chemical constituent in the waste is multiplied by the 

appropriate constituent-specific adjustment factor (fm25D). If the owner or operator elects 

to adjust test data, the adjustment must be made to all individual chemical constituents 

with a Henry's law constant value greater than or equal to 0.1 Y/X at 25 degrees Celsius 

contained in the waste. Constituent-specific adjustment factors (fm25D) can be obtained by 

contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and 

Standards, Research Triangle Park, NC 27711. Other test methods may be used if they 

meet the requirements in paragraph (a)(3)(iii)(A) or (B) of this section and provided the 

requirement to reflect all organic compounds in the waste with Henry's law constant 

values greater than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 10-6

atmospheres/gram-mole/m3

] at 25 degrees Celsius, is met. 

 (A) Any EPA standard method that has been validated in accordance with ``Alternative 

Validation Procedure for EPA Waste and Wastewater Methods,'' 40 CFR part 63, 

appendix D. 

 (B) Any other analysis method that has been validated in accordance with the 

procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in 

Section 6.1 or Section 6.3, of Method 301 in 40 CFR part 63, appendix A. The data are 

acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 

301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if 

the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 are not 

required. 

(iv) Calculations. The average VO concentration (C) on a mass-weighted basis shall be 

calculated by using the results for all waste determinations conducted in accordance with 

paragraphs (b)(3)(ii) and (iii) of this section and the following equation: 

where: 

286
C=Average VO concentration of the hazardous waste at the point of waste treatment on a 

mass-weighted basis, ppmw. 

i=Individual waste determination ``i'' of the hazardous waste. 

n=Total number of waste determinations of the hazardous waste conductedfor the 

averaging period (not to exceed 1 year). 

Qi=Mass quantity of hazardous waste stream represented by Ci, kg/hr. 

QT=Total mass quantity of hazardous waste during the averaging period, kg/hr. 

Ci=Measured VO concentration of waste determination ``i'' as determined in accordance 

with the requirements of paragraph (b)(3)(iii) of this section (i.e. the average of the four 

or more samples specified in paragraph (b)(3)(ii)(B) of this section), ppmw. 

(v) Provided that the test method is appropriate for the waste as required under paragraph 

(b)(3)(iii) of this section, compliance shall be determined based on the test method used 

by the owner or operator as recorded pursuant to Sec. 265.1090(f)(1) of this subpart. 

(4) Procedure to determine the exit concentration limit (Ct) for a treated hazardous waste. 

(i) The point of waste origination for each hazardous waste treated by the process at the 

same time shall be identified. 

(ii) If a single hazardous waste stream is identified in paragraph (b)(4)(i) of this section, 

then the exit concentration limit (Ct) shall be 500 ppmw. 

(iii) If more than one hazardous waste stream is identified in paragraph (b)(4)(i) of this 

section, then the average VO concentration of each hazardous waste stream at the point 

of waste origination shall be determined in accordance with the requirements of 

paragraph (a) of this section. The exit concentration limit (Ct) shall be calculated by using 

the results determined for each individual hazardous waste stream and the following 

equation: 

Where: 

Ct = Exit concentration limit for treated hazardous waste, ppmw. 

x = Individual hazardous waste stream ``x'' that has an average VO concentration less 

than 500 ppmw at the point of waste origination as determined in accordance with the 

requirements of Sec. 265.1084(a) of this subpart. 

y = Individual hazardous waste stream ``y'' that has an average VO concentration equal to 

or greater than 500 ppmw at the point of waste origination as determined in accordance 

with the requirements of Sec. 265.1084(a) of this subpart. 

m = Total number of ``x'' hazardous waste streams treated by process. 

n = Total number of ``y'' hazardous waste streams treated by process. 

Qx = Annual mass quantity of hazardous waste stream ``x,'' kg/yr. 

Qy = Annual mass quantity of hazardous waste stream ``y,'' kg/yr. 

287
Cx = Average VO concentration of hazardous waste stream ``x'' at the point of waste 

origination as determined in accordance with the requirements of Sec. 265.1084(a) of this 

subpart, ppmw. 

(5) Procedure to determine the organic reduction efficiency (R) for a treated hazardous 

waste. 

(i) The organic reduction efficiency (R) for a treatment process shall be determined based 

on results for a minimum of three consecutive runs. 

(ii) All hazardous waste streams entering the treatment process and all hazardous waste 

streams exiting the treatment process shall be identified. The owner or operator shall 

prepare a sampling plan for measuring these streams that accurately reflects the retention 

time of the hazardous waste in the process. 

(iii) For each run, information shall be determined for each hazardous waste stream 

identified in paragraph (b)(5)(ii) of this section using the following procedures: 

(A) The mass quantity of each hazardous waste stream entering the process (Qb) and the 

mass quantity of each hazardous waste stream exiting the process (Qa) shall be 

determined. 

(B) The average VO concentration at the point of waste origination of each hazardous 

waste stream entering the process (Cb) during the run shall be determined in accordance 

with the requirements of paragraph (a)(3) of this section. The average VO concentration 

at the point of waste treatment of each waste stream exiting the process (Ca) during the 

run shall be determined in accordance with the requirements of paragraph (b)(3) of this 

section. 

(iv) The waste volatile organic mass flow entering the process (Eb) and the waste volatile 

organic mass flow exiting the process (Ea) shall be calculated by using the results 

determined in accordance with paragraph (b)(5)(iii) of this section and the following 

equations: 

Where: 

Ea = Waste volatile organic mass flow exiting process, kg/hr. 

Eb = Waste volatile organic mass flow entering process, kg/hr. 

m = Total number of runs (at least 3) 

j = Individual run ``j'' 

Qb = Mass quantity of hazardous waste entering process during run ``j,'' kg/hr. 

Qa = Average mass quantity of hazardous waste exiting process during run ``j,'' kg/hr. 

Ca = Average VO concentration of hazardous waste exiting process during run ``j'' as 

determined in accordance with the requirements of Sec. 265.1084(b)(3) of this subpart, 

ppmw. 

288
Cb = Average VO concentration of hazardous waste entering process during run ``j'' as 

determined in accordance with the requirements of Sec. 265.1084(a)(3) of this subpart, 

ppmw. 

(v) The organic reduction efficiency of the process shall be calculated by using the results 

determined in accordance with paragraph (b)(5)(iv) of this section and the following 

equation: 

Where: 

R = Organic reduction efficiency, percent. 

Eb = Waste volatile organic mass flow entering process as determined in accordance with 

the requirements of paragraph (b)(5)(iv) of this section, kg/hr. 

Ea = Waste volatile organic mass flow exiting process as determined in accordance with 

the requirements of paragraph (b)(5)(iv) of this section, kg/hr. 

(6) Procedure to determine the organic biodegradation efficiency (Rbio) for a treated 

hazardous waste. 

(i) The fraction of organics biodegraded (Fbio) shall be determined using the procedure 

specified in 40 CFR part 63, appendix C of this chapter. 

(ii) The Rbio shall be calculated by using the following equation: 

Where: 

Rbio = Organic biodegradation efficiency, percent. 

Fbio = Fraction of organic biodegraded as determined in accordance with the requirements 

of paragraph (b)(6)(i) of this section. 

(7) Procedure to determine the required organic mass removal rate (RMR) for a treated 

hazardous waste. 

(i) All of the hazardous waste streams entering the treatment process shall be identified. 

(ii) The average VO concentration of each hazardous waste stream at the point of waste 

origination shall be determined in accordance with the requirements of paragraph (a) of 

this section. 

(iii) For each individual hazardous waste stream that has an average VO concentration 

equal to or greater than 500 ppmw at the point of waste origination, the average 

volumetric flow rate and the density of the hazardous waste stream at the point of waste 

origination shall be determined. 

(iv) The RMR shall be calculated by using the average VO concentration, average 

volumetric flow rate, and density determined for each individual hazardous waste stream, 

and the following equation: 

289
Where: 

RMR = Required organic mass removal rate, kg/hr. 

y = Individual hazardous waste stream ``y'' that has an average VO concentration equal to 

or greater than 500 ppmw at the point of waste origination as determined in accordance 

with the requirements of Sec. 265.1084(a) of this subpart. 

n = Total number of ``y'' hazardous waste streams treated by process. 

Vy = Average volumetric flow rate of hazardous waste stream ``y'' at the point of waste 

origination, m3/hr. 

ky = Density of hazardous waste stream ``y,'' kg/m3

Cy = Average VO concentration of hazardous waste stream ``y'' at the point of waste 

origination as determined in accordance with the requirements of Sec. 265.1084(a) of this 

subpart, ppmw. 

(8) Procedure to determine the actual organic mass removal rate (MR) for a treated 

hazardous waste. 

(i) The MR shall be determined based on results for a minimum of three consecutive 

runs. The sampling time for each run shall be 1 hour. 

(ii) The waste volatile organic mass flow entering the process (Eb) and the waste volatile 

organic mass flow exiting the process (Ea) shall be determined in accordance with the 

requirements of paragraph (b)(5)(iv) of this section. 

(iii) The MR shall be calculated by using the mass flow rate determined in accordance 

with the requirements of paragraph (b)(8)(ii) of this section and the following equation: 

MR=Eb-Ea

Where: 

MR=Actual organic mass removal rate, kg/hr. 

Eb=Waste volatile organic mass flow entering process as determined in accordance with 

the requirements of paragraph (b)(5)(iv) of this section, kg/hr. 

Ea=Waste volatile organic mass flow exiting process as determined in accordance with 

the requirements of paragraph (b)(5)(iv) of this section, kg/hr. 

(9) Procedure to determine the actual organic mass biodegradation rate (MRbio) for a 

treated hazardous waste. 

(i) The MRbio shall be determined based on results for a minimum of three consecutive 

runs. The sampling time for each run shall be 1 hour. 

(ii) The waste organic mass flow entering the process (Eb) shall be determined in 

accordance with the requirements of paragraph (b)(5)(iv) of this section. 

(iii) The fraction of organic biodegraded (Fbio) shall be determined using the procedure 

specified in 40 CFR part 63, appendix C of this chapter. 

290
(iv) The MRbio shall be calculated by using the mass flow rates and fraction of organic 

biodegraded determined in accordance with the requirements of paragraphs (b)(9)(ii) and 

(b)(9)(iii) of this section, respectively, and the following equation: 

MRbio=EbxFbio

Where: 

MRbio=Actual organic mass biodegradation rate, kg/hr. 

Eb=Waste organic mass flow entering process as determined in accordance with the 

requirements of paragraph (b)(5)(iv) of this section, kg/hr. 

Fbio=Fraction of organic biodegraded as determined in accordance with the requirements 

of paragraph (b)(9)(iii) of this section. 

(c) Procedure to determine the maximum organic vapor pressure of a hazardous waste in 

a tank. 

(1) An owner or operator shall determine the maximum organic vapor pressure for each 

hazardous waste placed in a tank using Tank Level 1 controls in accordance with the 

standards specified in Sec. 265.1085(c) of this subpart. 

(2) An owner or operator shall use either direct measurement as specified in paragraph 

(c)(3) of this section or knowledge of the waste as specified by paragraph (c)(4) of this 

section to determine the maximum organic vapor pressure which is representative of the 

hazardous waste composition stored or treated in the tank. 

(3) Direct measurement to determine the maximum organic vapor pressure of a hazardous 

waste. 

(i) Sampling. A sufficient number of samples shall be collected to be representative of the 

waste contained in the tank. All samples shall be collected and handled in accordance 

with written procedures prepared by the owner or operator and documented in a site 

sampling plan. This plan shall describe the procedure by which representative samples of 

the hazardous waste are collected such that a minimum loss of organics occurs 

throughout the sample collection and handling process and by which sample integrity is 

maintained. A copy of the written sampling plan shall be maintained on-site in the facility 

operating records. An example of acceptable sample collection and handling procedures 

may be found in Method 25D in 40 CFR part 60, appendix A. 

 (ii) Analysis. Any appropriate one of the following methods may be used to analyze the 

samples and compute the maximum organic vapor pressure of the hazardous waste: 

(A) Method 25E in 40 CFR part 60 appendix A; 

(B) Methods described in American Petroleum Institute Publication 2517, Third Edition, 

February 1989, ``Evaporative Loss from External Floating-Roof Tanks,'' (incorporated by 

reference--refer to Sec. 260.11 of this chapter); 

(C) Methods obtained from standard reference texts; 

(D) ASTM Method 2879-92 (incorporated by reference--refer to Sec. 260.11 of this 

chapter); and 

(E) Any other method approved by the Regional Administrator. 

291
(4) Use of knowledge to determine the maximum organic vapor pressure of the hazardous 

waste. Documentation shall be prepared and recorded that presents the information used 

as the basis for the owner's or operator's knowledge that the maximum organic vapor 

pressure of the hazardous waste is less than the maximum vapor pressure limit listed in 

Sec. 265.1085(b)(1)(i) of this subpart for the applicable tank design capacity category. 

An example of information that may be used is documentation that the hazardous waste is 

generated by a process for which at other locations it previously has been determined by 

direct measurement that the waste maximum organic vapor pressure is less than the 

maximum vapor pressure limit for the appropriate tank design capacity category. 

(d) Procedure for determining no detectable organic emissions for the purpose of 

complying with this subpart: 

(1) The test shall be conducted in accordance with the procedures specified in Method 21 

of 40 CFR part 60, appendix A. Each potential leak interface (i.e., a location where 

organic vapor leakage could occur) on the cover and associated closure devices shall be 

checked. Potential leak interfaces that are associated with covers and closure devices 

include, but are not limited to: The interface of the cover and its foundation mounting; the 

periphery of any opening on the cover and its associated closure device; and the sealing 

seat interface on a spring-loaded pressure relief valve. 

(2) The test shall be performed when the unit contains a hazardous waste having an 

organic concentration representative of the range of concentrations for the hazardous 

waste expected to be managed in the unit. During the test, the cover and closure devices 

shall be secured in the closed position. 

(3) The detection instrument shall meet the performance criteria of Method 21 of 40 CFR 

part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of 

Method 21 shall be for the average composition of the organic constituents in the 

hazardous waste placed in the waste management unit, not for each individual organic 

constituent. 

(4) The detection instrument shall be calibrated before use on each day of its use by the 

procedures specified in Method 21 of 40 CFR part 60, appendix A. 

(5) Calibration gases shall be as follows: 

(i) Zero air (less than 10 ppmv hydrocarbon in air), and 

(ii) A mixture of methane or n-hexane and air at a concentration of approximately, but 

less than, 10,000 ppmv methane or n-hexane. 

(6) The background level shall be determined according to the procedures in Method 21 

of 40 CFR part 60, appendix A. 

(7) Each potential leak interface shall be checked by traversing the instrument probe 

around the potential leak interface as close to the interface as possible, as described in 

Method 21 of 40 CFR part 60, appendix A. In the case when the configuration of the 

cover or closure device prevents a complete traverse of the interface, all accessible 

portions of the interface shall be sampled. In the case when the configuration of the 

closure device prevents any sampling at the interface and the device is equipped with an 

enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet 

shall be placed at approximately the center of the exhaust area to the atmosphere. 

(8) The arithmetic difference between the maximum organic concentration indicated by 

the instrument and the background level shall be compared with the value of 500 ppmv 

except when monitoring a seal around a rotating shaft that passes through a cover 

292
opening, in which case the comparison shall be as specified in paragraph (d)(9) of this 

section. If the difference is less than 500 ppmv, then the potential leak interface is 

determined to operate with no detectable organic emissions. 

(9) For the seals around a rotating shaft that passes through a cover opening, the 

arithmetic difference between the maximum organic concentration indicated by the 

instrument and the background level shall be compared with the value of 10,000 ppmw. 

If the difference is less than 10,000 ppmw, then the potential leak interface is determined 

to operate with no detectable organic emissions. 

[61 FR 59974, Nov. 25, 1996, as amended at 62 FR 64664, Dec. 8, 1997; 64 

FR 3390, January 21, 1999] 

§265.1085 Standards: Tanks. 

(a) The provisions of this section apply to the control of air pollutant emissions from 

tanks for which Sec. 265.1083(b) of this subpart references the use of this section for 

such air emission control. 

(b) The owner or operator shall control air pollutant emissions from each tank subject to 

this section in accordance with the following requirements, as applicable: 

(1) For a tank that manages hazardous waste that meets all of the conditions specified in 

paragraphs (b)(1)(i) through (b)(1)(iii) of this section, the owner or operator shall control 

air pollutant emissions from the tank in accordance with the Tank Level 1 controls 

specified in paragraph (c) of this section or the Tank Level 2 controls specified in 

paragraph (d) of this section. 

(i) The hazardous waste in the tank has a maximum organic vapor pressure which is less 

than the maximum organic vapor pressure limit for the tank's design capacity category as 

follows: 

(A) For a tank design capacity equal to or greater than 151 m3, the maximum organic 

vapor pressure limit for the tank is 5.2 kPa. 

(B) For a tank design capacity equal to or greater than 75 m3

 but less than 151 m3, the 

maximum organic vapor pressure limit for the tank is 27.6 kPa. 

(C) For a tank design capacity less than 75 m3

, the maximum organic vapor pressure limit 

for the tank is 76.6 kPa. 

(ii) The hazardous waste in the tank is not heated by the owner or operator to a 

temperature that is greater than the temperature at which the maximum organic vapor 

pressure of the hazardous waste is determined for the purpose of complying with 

paragraph (b)(1)(i) of this section. 

(iii) The hazardous waste in the tank is not treated by the owner or operator using a waste 

stabilization process, as defined in Sec. 265.1081 of this subpart. 

(2) For a tank that manages hazardous waste that does not meet all of the conditions 

specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this section, the owner or operator 

shall control air pollutant emissions from the tank by using Tank Level 2 controls in 

accordance with the requirements of paragraph (d) of this section. Examples of tanks 

required to use Tank Level 2 controls include: A tank used for a waste stabilization 

process; and a tank for which the hazardous waste in the tank has a maximum organic 

293
vapor pressure that is equal to or greater than the maximum organic vapor pressure limit 

for the tank's design capacity category as specified in paragraph (b)(1)(i) of this section. 

(c) Owners and operators controlling air pollutant emissions from a tank using Tank 

Level 1 controls shall meet the requirements specified in paragraphs (c)(1) through (c)(4) 

of this section: 

(1) The owner or operator shall determine the maximum organic vapor pressure for a 

hazardous waste to be managed in the tank using Tank Level 1 controls before the first 

time the hazardous waste is placed in the tank. The maximum organic vapor pressure 

shall be determined using the procedures specified in Sec. 265.1084(c) of this subpart. 

Thereafter, the owner or operator shall perform a new determination whenever changes to 

the hazardous waste managed in the tank could potentially cause the maximum organic 

vapor pressure to increase to a level that is equal to or greater than the maximum organic 

vapor pressure limit for the tank design capacity category specified in paragraph (b)(1)(i) 

of this section, as applicable to the tank. 

(2) The tank shall be equipped with a fixed roof designed to meet the following 

specifications: 

 (i) The fixed roof and its closure devices shall be designed to form a continuous barrier 

over the entire surface area of the hazardous waste in the tank. The fixed roof may be a 

separate cover installed on the tank (e.g., a removable cover mounted on an open-top 

tank) or may be an integral part of the tank structural design (e.g., a horizontal cylindrical 

tank equipped with a hatch). 

(ii) The fixed roof shall be installed in a manner such that there are no visible cracks, 

holes, gaps, or other open spaces between roof section joints or between the interface of 

the roof edge and the tank wall. 

(iii) Each opening in the fixed roof, and any manifold system associated with the fixed 

roof, shall be either: 

(A) Equipped with a closure device designed to operate such that when the closure device 

is secured in the closed position there are no visible cracks, holes, gaps, or other open 

spaces in the closure device or between the perimeter of the opening and the closure 

device; or 

(B) Connected by a closed-vent system that is vented to a control device. The control 

device shall remove or destroy organics in the vent stream, and shall be operating 

whenever hazardous waste is managed in the tank, except as provided for in paragraphs 

(c)(2)(iii)(B)(1) and (2) of this section. 

(1) During periods it is necessary to provide access to the tank for performing the 

activities of paragraph (c)(2)(iii)(B)(2) of this section, venting of the vapor headspace 

underneath the fixed roof to the control device is not required, opening of closure devices 

is allowed, and removal of the fixed roof is allowed. Following completion of the 

activity, the owner or operator shall promptly secure the closure device in the closed 

position or reinstall the cover, as applicable, and resume operation of the control device. 

(2) During periods of routine inspection, maintenance, or other activities needed for 

normal operations, and for the removal of accumulated sludge or other residues from the 

bottom of the tank. 

(iv) The fixed roof and its closure devices shall be made of suitable materials that will 

minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and 

will maintain the integrity of the fixed roof and closure devices throughout their intended 

294
service life. Factors to be considered when selecting the materials for and designing the 

fixed roof and closure devices shall include: Organic vapor permeability, the effects of 

any contact with the hazardous waste or its vapors managed in the tank; the effects of 

outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the 

tank on which the fixed roof is installed. 

(3) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each 

closure device secured in the closed position except as follows: 

(i) Opening of closure devices or removal of the fixed roof is allowed at the following 

times: 

(A) To provide access to the tank for performing routine inspection, maintenance, or 

other activities needed for normal operations. Examples of such activities include those 

times when a worker needs to open a port to sample the liquid in the tank, or when a 

worker needs to open a hatch to maintain or repair equipment. Following completion of 

the activity, the owner or operator shall promptly secure the closure device in the closed 

position or reinstall the cover, as applicable, to the tank. 

(B) To remove accumulated sludge or other residues from the bottom of tank. 

(ii) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or 

similar type of pressure relief device which vents to the atmosphere is allowed during 

normal operations for the purpose of maintaining the tank internal pressure in accordance 

with the tank design specifications. The device shall be designed to operate with no 

detectable organic emissions when the device is secured in the closed position. The 

settings at which the device opens shall be established such that the device remains in the 

closed position whenever the tank internal pressure is within the internal pressure 

operating range determined by the owner or operator based on the tank manufacturer 

recommendations, applicable regulations, fire protection and prevention codes, standard 

engineering codes and practices, or other requirements for the safe handling of 

flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal 

operating conditions that may require these devices to open are during those times when 

the tank internal pressure exceeds the internal pressure operating range for the tank as a 

result of loading operations or diurnal ambient temperature fluctuations. 

(iii) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at 

any time conditions require doing so to avoid an unsafe condition. 

(4) The owner or operator shall inspect the air emission control equipment in accordance 

with the following requirements. 

(i) The fixed roof and its closure devices shall be visually inspected by the owner or 

operator to check for defects that could result in air pollutant emissions. Defects include, 

but are not limited to, visible cracks, holes, or gaps in the roof sections or between the 

roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure 

devices; and broken or missing hatches, access covers, caps, or other closure devices. 

(ii) The owner or operator shall perform an initial inspection of the fixed roof and its 

closure devices on or before the date that the tank becomes subject to this section. 

Thereafter, the owner or operator shall perform the inspections at least once every year 

except under the special conditions provided for in paragraph (l) of this section. 

(iii) In the event that a defect is detected, the owner or operator shall repair the defect in 

accordance with the requirements of paragraph (k) of this section. 

295
(iv) The owner or operator shall maintain a record of the inspection in accordance with 

the requirements specified in Sec. 265.1090(b) of this subpart. 

(d) Owners and operators controlling air pollutant emissions from a tank using Tank 

Level 2 controls shall use one of the following tanks: 

(1) A fixed-roof tank equipped with an internal floating roof in accordance with the 

requirements specified in paragraph (e) of this section; 

(2) A tank equipped with an external floating roof in accordance with the requirements 

specified in paragraph (f) of this section; 

(3) A tank vented through a closed-vent system to a control device in accordance with the 

requirements specified in paragraph (g) of this section; 

(4) A pressure tank designed and operated in accordance with the requirements specified 

in paragraph (h) of this section; or 

(5) A tank located inside an enclosure that is vented through a closed-vent system to an 

enclosed combustion control device in accordance with the requirements specified in 

paragraph (i) of this section. 

(e) The owner or operator who controls air pollutant emissions from a tank using a fixedroof with an internal floating roof shall meet the requirements specified in paragraphs 

(e)(1) through (e)(3) of this section. 

(1) The tank shall be equipped with a fixed roof and an internal floating roof in 

accordance with the following requirements: 

(i) The internal floating roof shall be designed to float on the liquid surface except when 

the floating roof must be supported by the leg supports. 

(ii) The internal floating roof shall be equipped with a continuous seal between the wall 

of the tank and the floating roof edge that meets either of the following requirements: 

(A) A single continuous seal that is either a liquid-mounted seal or a metallic shoe seal, 

as defined in Sec. 265.1081 of this subpart; or 

(B) Two continuous seals mounted one above the other. The lower seal may be a vapormounted seal. 

(iii) The internal floating roof shall meet the following specifications: 

(A) Each opening in a noncontact internal floating roof except for automatic bleeder 

vents (vacuum breaker vents) and the rim space vents is to provide a projection below the 

liquid surface. 

(B) Each opening in the internal floating roof shall be equipped with a gasketed cover or 

a gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column 

wells, ladder wells, sample wells, and stub drains. 

(C) Each penetration of the internal floating roof for the purpose of sampling shall have a 

slit fabric cover that covers at least 90 percent of the opening. 

(D) Each automatic bleeder vent and rim space vent shall be gasketed. 

(E) Each penetration of the internal floating roof that allows for passage of a ladder shall 

have a gasketed sliding cover. 

(F) Each penetration of the internal floating roof that allows for passage of a column 

supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding 

cover. 

(2) The owner or operator shall operate the tank in accordance with the following 

requirements: 

296
(i) When the floating roof is resting on the leg supports, the process of filling, emptying, 

or refilling shall be continuous and shall be completed as soon as practical. 

(ii) Automatic bleeder vents are to be set closed at all times when the roof is floating, 

except when the roof is being floated off or is being landed on the leg supports. 

(iii) Prior to filling the tank, each cover, access hatch, gauge float well or lid on any 

opening in the internal floating roof shall be bolted or fastened closed (i.e., no visible 

gaps). Rim space vents are to be set to open only when the internal floating roof is not 

floating or when the pressure beneath the rim exceeds the manufacturer's recommended 

setting. 

(3) The owner or operator shall inspect the internal floating roof in accordance with the 

procedures specified as follows: 

(i) The floating roof and its closure devices shall be visually inspected by the owner or 

operator to check for defects that could result in air pollutant emissions. Defects include, 

but are not limited to: The internal floating roof is not floating on the surface of the liquid 

inside the tank; liquid has accumulated on top of the internal floating roof; any portion of 

the roof seals have detached from the roof rim; holes, tears, or other openings are visible 

in the seal fabric; the gaskets no longer close off the hazardous waste surface from the 

atmosphere; or the slotted membrane has more than 10 percent open area. 

(ii) The owner or operator shall inspect the internal floating roof components as follows 

except as provided in paragraph (e)(3)(iii) of this section: 

(A) Visually inspect the internal floating roof components through openings on the fixedroof (e.g., manholes and roof hatches) at least once every 12 months after initial fill, and 

(B) Visually inspect the internal floating roof, primary seal, secondary seal (if one is in 

service), gaskets, slotted membranes, and sleeve seals (if any) each time the tank is 

emptied and degassed and at least every 10 years. 

(iii) As an alternative to performing the inspections specified in paragraph (e)(3)(ii) of 

this section for an internal floating roof equipped with two continuous seals mounted one 

above the other, the owner or operator may visually inspect the internal floating roof, 

primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each 

time the tank is emptied and degassed and at least every 5 years. 

(iv) Prior to each inspection required by paragraph (e)(3)(ii) or (e)(3)(iii) of this section, 

the owner or operator shall notify the Regional Administrator in advance of each 

inspection to provide the Regional Administrator with the opportunity to have an 

observer present during the inspection. The owner or operator shall notify the Regional 

Administrator of the date and location of the inspection as follows: 

(A) Prior to each visual inspection of an internal floating roof in a tank that has been 

emptied and degassed, written notification shall be prepared and sent by the owner or 

operator so that it is received by the Regional Administrator at least 30 calendar days 

before refilling the tank except when an inspection is not planned as provided for in 

paragraph (e)(3)(iv)(B) of this section. 

(B) When a visual inspection is not planned and the owner or operator could not have 

known about the inspection 30 calendar days before refilling the tank, the owner or 

operator shall notify the Regional Administrator as soon as possible, but no later than 7 

calendar days before refilling of the tank. This notification may be made by telephone 

and immediately followed by a written explanation for why the inspection is unplanned. 

Alternatively, written notification, including the explanation for the unplanned 

297
inspection, may be sent so that it is received by the Regional Administrator at least 7 

calendar days before refilling the tank. 

(v) In the event that a defect is detected, the owner or operator shall repair the defect in 

accordance with the requirements of paragraph (k) of this section. 

(vi) The owner or operator shall maintain a record of the inspection in accordance with 

the requirements specified in Sec. 265.1090(b) of this subpart. 

(4) Safety devices, as defined in Sec. 265.1081 of this subpart, may be installed and 

operated as necessary on any tank complying with the requirements of paragraph (e) of 

this section. 

(f) The owner or operator who controls air pollutant emissions from a tank using an 

external floating roof shall meet the requirements specified in paragraphs (f)(1) through 

(f)(3) of this section. 

(1) The owner or operator shall design the external floating roof in accordance with the 

following requirements: 

(i) The external floating roof shall be designed to float on the liquid surface except when 

the floating roof must be supported by the leg supports. 

(ii) The floating roof shall be equipped with two continuous seals, one above the other, 

between the wall of the tank and the roof edge. The lower seal is referred to as the 

primary seal, and the upper seal is referred to as the secondary seal. 

(A) The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as defined in 

Sec. 265.1081 of this subpart. The total area of the gaps between the tank wall and the 

primary seal shall not exceed 212 square centimeters (cm2) per meter of tank diameter, 

and the width of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a 

metallic shoe seal is used for the primary seal, the metallic shoe seal shall be designed so 

that one end extends into the liquid in the tank and the other end extends a vertical 

distance of at least 61 centimeters above the liquid surface. 

(B) The secondary seal shall be mounted above the primary seal and cover the annular 

space between the floating roof and the wall of the tank. The total area of the gaps 

between the tank wall and the secondary seal shall not exceed 21.2 square centimeters 

(cm2

) per meter of tank diameter, and the width of any portion of these gaps shall not 

exceed 1.3 centimeters (cm). 

(iii) The external floating roof shall meet the following specifications: 

(A) Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each 

opening in a noncontact external floating roof shall provide a projection below the liquid 

surface. 

(B) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each 

opening in the roof shall be equipped with a gasketed cover, seal, or lid. 

(C) Each access hatch and each gauge float well shall be equipped with a cover designed 

to be bolted or fastened when the cover is secured in the closed position. 

(D) Each automatic bleeder vent and each rim space vent shall be equipped with a gasket. 

(E) Each roof drain that empties into the liquid managed in the tank shall be equipped 

with a slotted membrane fabric cover that covers at least 90 percent of the area of the 

opening. 

(F) Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding 

cover or a flexible fabric sleeve seal. 

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(G) Each unslotted guide pole shall be equipped with a gasketed cap on the end of the 

pole. 

(H) Each slotted guide pole shall be equipped with a gasketed float or other device which 

closes off the liquid surface from the atmosphere. 

(I) Each gauge hatch and each sample well shall be equipped with a gasketed cover. 

(2) The owner or operator shall operate the tank in accordance with the following 

requirements: 

(i) When the floating roof is resting on the leg supports, the process of filling, emptying, 

or refilling shall be continuous and shall be completed as soon as practical. 

(ii) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each 

opening in the roof shall be secured and maintained in a closed position at all times 

except when the closure device must be open for access. 

(iii) Covers on each access hatch and each gauge float well shall be bolted or fastened 

when secured in the closed position. 

(iv) Automatic bleeder vents shall be set closed at all times when the roof is floating, 

except when the roof is being floated off or is being landed on the leg supports. 

(v) Rim space vents shall be set to open only at those times that the roof is being floated 

off the roof leg supports or when the pressure beneath the rim seal exceeds the 

manufacturer's recommended setting. 

(vi) The cap on the end of each unslotted guide pole shall be secured in the closed 

position at all times except when measuring the level or collecting samples of the liquid 

in the tank. 

(vii) The cover on each gauge hatch or sample well shall be secured in the closed position 

at all times except when the hatch or well must be opened for access. 

(viii) Both the primary seal and the secondary seal shall completely cover the annular 

space between the external floating roof and the wall of the tank in a continuous fashion 

except during inspections. 

(3) The owner or operator shall inspect the external floating roof in accordance with the 

procedures specified as follows: 

(i) The owner or operator shall measure the external floating roof seal gaps in accordance 

with the following requirements: 

(A) The owner or operator shall perform measurements of gaps between the tank wall 

and the primary seal within 60 calendar days after initial operation of the tank following 

installation of the floating roof and, thereafter, at least once every 5 years. 

(B) The owner or operator shall perform measurements of gaps between the tank wall and 

the secondary seal within 60 calendar days after initial operation of the tank following 

installation of the floating roof and, thereafter, at least once every year. 

(C) If a tank ceases to hold hazardous waste for a period of 1 year or more, subsequent 

introduction of hazardous waste into the tank shall be considered an initial operation for 

the purposes of paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of this section. 

(D) The owner or operator shall determine the total surface area of gaps in the primary 

seal and in the secondary seal individually using the following procedure: 

(1) The seal gap measurements shall be performed at one or more floating roof levels 

when the roof is floating off the roof supports. 

(2) Seal gaps, if any, shall be measured around the entire perimeter of the floating roof in 

each place where a 0.32-centimeter (cm) diameter uniform probe passes freely (without 

299
forcing or binding against the seal) between the seal and the wall of the tank and measure 

the circumferential distance of each such location. 

(3) For a seal gap measured under paragraph (f)(3) of this section, the gap surface area 

shall be determined by using probes of various widths to measure accurately the actual 

distance from the tank wall to the seal and multiplying each such width by its respective 

circumferential distance. 

(4) The total gap area shall be calculated by adding the gap surface areas determined for 

each identified gap location for the primary seal and the secondary seal individually, and 

then dividing the sum for each seal type by the nominal diameter of the tank. These total 

gap areas for the primary seal and secondary seal are then compared to the respective 

standards for the seal type as specified in paragraph (f)(1)(ii) of this section. 

(E) In the event that the seal gap measurements do not conform to the specifications in 

paragraph (f)(1)(ii) of this section, the owner or operator shall repair the defect in 

accordance with the requirements of paragraph (k) of this section. 

(F) The owner or operator shall maintain a record of the inspection in accordance with 

the requirements specified in Sec. 265.1090(b) of this subpart. 

(ii) The owner or operator shall visually inspect the external floating roof in accordance 

with the following requirements: 

(A) The floating roof and its closure devices shall be visually inspected by the owner or 

operator to check for defects that could result in air pollutant emissions. Defects include, 

but are not limited to: Holes, tears, or other openings in the rim seal or seal fabric of the 

floating roof; a rim seal detached from the floating roof; all or a portion of the floating 

roof deck being submerged below the surface of the liquid in the tank; broken, cracked, 

or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, 

access covers, caps, or other closure devices. 

(B) The owner or operator shall perform an initial inspection of the external floating roof 

and its closure devices on or before the date that the tank becomes subject to this section. 

Thereafter, the owner or operator shall perform the inspections at least once every year 

except for the special conditions provided for in paragraph (l) of this section. 

(C) In the event that a defect is detected, the owner or operator shall repair the defect in 

accordance with the requirements of paragraph (k) of this section. 

(D) The owner or operator shall maintain a record of the inspection in accordance with 

the requirements specified in Sec. 265.1090(b) of this subpart. 

(iii) Prior to each inspection required by paragraph (f)(3)(i) or (f)(3)(ii) of this section, the 

owner or operator shall notify the Regional Administrator in advance of each inspection 

to provide the Regional Administrator with the opportunity to have an observer present 

during the inspection. The owner or operator shall notify the Regional Administrator of 

the date and location of the inspection as follows: 

(A) Prior to each inspection to measure external floating roof seal gaps as required under 

paragraph (f)(3)(i) of this section, written notification shall be prepared and sent by the 

owner or operator so that it is received by the Regional Administrator at least 30 calendar 

days before the date the measurements are scheduled to be performed. 

(B) Prior to each visual inspection of an external floating roof in a tank that has been 

emptied and degassed, written notification shall be prepared and sent by the owner or 

operator so that it is received by the Regional Administrator at least 30 calendar days 

300
before refilling the tank except when an inspection is not planned as provided for in 

paragraph (f)(3)(iii)(C) of this section. 

(C) When a visual inspection is not planned and the owner or operator could not have 

known about the inspection 30 calendar days before refilling the tank, the owner or 

operator shall notify the Regional Administrator as soon as possible, but no later than 7 

calendar days before refilling of the tank. This notification may be made by telephone 

and immediately followed by a written explanation for why the inspection is unplanned. 

Alternatively, written notification, including the explanation for the unplanned 

inspection, may be sent so that it is received by the Regional Administrator at least 7 

calendar days before refilling the tank. 

(4) Safety devices, as defined in 40 CFR 265.1081, may be installed and operated as 

necessary on any tank complying with the requirements of paragraph (f) of this section. 

(g) The owner or operator who controls air pollutant emissions from a tank by venting the 

tank to a control device shall meet the requirements specified in paragraphs (g)(1) 

through (g)(3) of this section. 

(1) The tank shall be covered by a fixed roof and vented directly through a closed-vent 

system to a control device in accordance with the following requirements: 

(i) The fixed roof and its closure devices shall be designed to form a continuous barrier 

over the entire surface area of the liquid in the tank. 

(ii) Each opening in the fixed roof not vented to the control device shall be equipped with 

a closure device. If the pressure in the vapor headspace underneath the fixed roof is less 

than atmospheric pressure when the control device is operating, the closure devices shall 

be designed to operate such that when the closure device is secured in the closed position 

there are no visible cracks, holes, gaps, or other open spaces in the closure device or 

between the perimeter of the cover opening and the closure device. If the pressure in the 

vapor headspace underneath the fixed roof is equal to or greater than atmospheric 

pressure when the control device is operating, the closure device shall be designed to 

operate with no detectable organic emissions. 

(iii) The fixed roof and its closure devices shall be made of suitable materials that will 

minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and 

will maintain the integrity of the fixed roof and closure devices throughout their intended 

service life. Factors to be considered when selecting the materials for and designing the 

fixed roof and closure devices shall include: Organic vapor permeability, the effects of 

any contact with the liquid and its vapor managed in the tank; the effects of outdoor 

exposure to wind, moisture, and sunlight; and the operating practices used for the tank on 

which the fixed roof is installed. 

(iv) The closed-vent system and control device shall be designed and operated in 

accordance with the requirements of Sec. 265.1088 of this subpart. 

(2) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each 

closure device secured in the closed position and the vapor headspace underneath the 

fixed roof vented to the control device except as follows: 

(i) Venting to the control device is not required, and opening of closure devices or 

removal of the fixed roof is allowed at the following times: 

(A) To provide access to the tank for performing routine inspection, maintenance, or 

other activities needed for normal operations. Examples of such activities include those 

times when a worker needs to open a port to sample liquid in the tank, or when a worker 

301
needs to open a hatch to maintain or repair equipment. Following completion of the 

activity, the owner or operator shall promptly secure the closure device in the closed 

position or reinstall the cover, as applicable, to the tank. 

(B) To remove accumulated sludge or other residues from the bottom of a tank. 

(ii) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at 

any time conditions require doing so to avoid an unsafe condition. 

(3) The owner or operator shall inspect and monitor the air emission control equipment in 

accordance with the following procedures: 

(i) The fixed roof and its closure devices shall be visually inspected by the owner or 

operator to check for defects that could result in air pollutant emissions. Defects include, 

but are not limited to, visible cracks, holes, or gaps in the roof sections or between the 

roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure 

devices; and broken or missing hatches, access covers, caps, or other closure devices. 

(ii) The closed-vent system and control device shall be inspected and monitored by the 

owner or operator in accordance with the procedures specified in Sec. 265.1088 of this 

subpart. 

(iii) The owner or operator shall perform an initial inspection of the air emission control 

equipment on or before the date that the tank becomes subject to this section. Thereafter, 

the owner or operator shall perform the inspections at least once every year except for the 

special conditions provided for in paragraph (l) of this section. 

(iv) In the event that a defect is detected, the owner or operator shall repair the defect in 

accordance with the requirements of paragraph (k) of this section. 

(v) The owner or operator shall maintain a record of the inspection in accordance with the 

requirements specified in Sec. 265.1090(b) of this subpart. 

(h) The owner or operator who controls air pollutant emissions by using a pressure tank 

shall meet the following requirements. 

(1) The tank shall be designed not to vent to the atmosphere as a result of compression of 

the vapor headspace in the tank during filling of the tank to its design capacity. 

(2) All tank openings shall be equipped with closure devices designed to operate with no 

detectable organic emissions as determined using the procedure specified in 

Sec.265.1084(d) of this subpart. 

(3) Whenever a hazardous waste is in the tank, the tank shall be operated as a closed 

system that does not vent to the atmosphere except under either of the following 

conditions as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this section. 

(i) At those times when opening of a safety device, as defined in Sec. 265.1081 of this 

subpart, is required to avoid an unsafe condition. 

(ii) At those times when purging of inerts from the tank is required and the purge stream 

is routed to a closed-vent system and control device designed and operated in accordance 

with the requirements of Sec. 265.1088 of this subpart. 

(i) The owner or operator who controls air pollutant emissions by using an enclosure 

vented through a closed-vent system to an enclosed combustion control device shall meet 

the requirements specified in paragraphs (i)(1) through (i)(4) of this section. 

(1) The tank shall be located inside an enclosure. The enclosure shall be designed and 

operated in accordance with the criteria for a permanent total enclosure as specified in 

``Procedure T--Criteria for and Verification of a Permanent or Temporary Total 

Enclosure'' under 40 CFR 52.741, appendix B. The enclosure may have permanent or 

302
temporary openings to allow worker access; passage of material into or out of the 

enclosure by conveyor, vehicles, or other mechanical means; entry of permanent 

mechanical or electrical equipment; or direct airflow into the enclosure. The owner or 

operator shall perform the verification procedure for the enclosure as specified in Section 

5.0 to ``Procedure T--Criteria for and Verification of a Permanent or Temporary Total 

Enclosure'' initially when the enclosure is first installed and, thereafter, annually. 

(2) The enclosure shall be vented through a closed-vent system to an enclosed 

combustion control device that is designed and operated in accordance with the standards 

for either a vapor incinerator, boiler, or process heater specified in Sec. 265.1088 of this 

subpart. 

(3) Safety devices, as defined in Sec. 265.1081 of this subpart, may be installed and 

operated as necessary on any enclosure, closed-vent system, or control device used to 

comply with the requirements of paragraphs (i)(1) and (i)(2) of this section. 

(4) The owner or operator shall inspect and monitor the closed-vent system and control 

device as specified in Sec. 265.1088 of this subpart. 

(j) The owner or operator shall transfer hazardous waste to a tank subject to this section 

in accordance with the following requirements: 

(1) Transfer of hazardous waste, except as provided in paragraph (j)(2) of this section, to 

the tank from another tank subject to this section or from a surface impoundment subject 

to Sec. 265.1086 of this subpart shall be conducted using continuous hard-piping or 

another closed system that does not allow exposure of the hazardous waste to the 

atmosphere. For the purpose of complying with this provision, an individual drain system 

is considered to be a closed system when it meets the requirements of 40 CFR part 63, 

subpart RR--National Emission Standards for Individual Drain Systems. 

(2) The requirements of paragraph (j)(1) of this section do not apply when transferring a 

hazardous waste to the tank under any of the following conditions: 

(i) The hazardous waste meets the average VO concentration conditions specified in Sec. 

265.1083(c)(1) of this subpart at the point of waste origination. 

(ii) The hazardous waste has been treated by an organic destruction or removal process to 

meet the requirements in Sec. 265.1083(c)(2) of this subpart. 

(iii) The hazardous waste meets the requirements of Sec. 265.1083(c)(4) of this subpart. 

(k) The owner or operator shall repair each defect detected during an inspection 

performed in accordance with the requirements of paragraphs (c)(4), (e)(3), (f)(3), or 

(g)(3) of this section as follows: 

(1) The owner or operator shall make first efforts at repair of the defect no 

later than 5 calendar days after detection, and repair shall be completed as soon as 

possible but no later than 45 calendar days after detection except as provided in 

paragraph (k)(2) of this section. 

(2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator 

determines that repair of the defect requires emptying or temporary removal from service 

of the tank and no alternative tank capacity is available at the site to accept the hazardous 

waste normally managed in the tank. In this case, the owner or operator shall repair the 

defect the next time the process or unit that is generating the hazardous waste managed in 

the tank stops operation. Repair of the defect shall be completed before the process or 

unit resumes operation. 

303
(l) Following the initial inspection and monitoring of the cover as required by the 

applicable provisions of this subpart, subsequent inspection and monitoring may be 

performed at intervals longer than 1 year under the following special conditions: 

(1) In the case when inspecting or monitoring the cover would expose a worker to 

dangerous, hazardous, or other unsafe conditions, then the owner or operator may 

designate a cover as an ``unsafe to inspect and monitor cover'' and comply with all of the 

following requirements: 

(i) Prepare a written explanation for the cover stating the reasons why the cover is unsafe 

to visually inspect or to monitor, if required. 

(ii) Develop and implement a written plan and schedule to inspect and monitor the cover, 

using the procedures specified in the applicable section of this subpart, as frequently as 

practicable during those times when a worker can safely access the cover. 

(2) In the case when a tank is buried partially or entirely underground, an owner or 

operator is required to inspect and monitor, as required by the applicable provisions of 

this section, only those portions of the tank cover and those connections to the tank (e.g., 

fill ports, access hatches, gauge wells, etc.) that are located on or above the ground 

surface. 

[61 FR 59979, Nov. 25, 1996, as amended at 62 FR 64666, Dec. 8, 1997; 64 

FR 3391, Jan. 21, 1999] 

§265.1086 Standards: Surface impoundments. 

(a) The provisions of this section apply to the control of air pollutant emissions from 

surface impoundments for which Sec. 265.1083(b) of this subpart references the use of 

this section for such air emission control. 

(b) The owner or operator shall control air pollutant emissions from the surface 

impoundment by installing and operating either of the following: 

(1) A floating membrane cover in accordance with the provisions specified in paragraph 

(c) of this section; or 

(2) A cover that is vented through a closed-vent system to a control device in accordance 

with the requirements specified in paragraph (d) of this section. 

(c) The owner or operator who controls air pollutant emissions from a surface 

impoundment using a floating membrane cover shall meet the requirements specified in 

paragraphs (c)(1) through (c)(3) of this section. 

(1) The surface impoundment shall be equipped with a floating membrane cover designed 

to meet the following specifications: 

(i) The floating membrane cover shall be designed to float on the liquid surface during 

normal operations and form a continuous barrier over the entire surface area of the liquid. 

(ii) The cover shall be fabricated from a synthetic membrane material that is either: 

(A) High density polyethylene (HDPE) with a thickness no less than 2.5 millimeters 

(mm); or 

(B) A material or a composite of different materials determined to have both organic 

permeability properties that are equivalent to those of the material listed in paragraph 

(c)(1)(ii)(A) of this section and chemical and physical properties that maintain the 

material integrity for the intended service life of the material. 

304
(iii) The cover shall be installed in a manner such that there are no visible cracks, holes, 

gaps, or other open spaces between cover section seams or between the interface of the 

cover edge and its foundation mountings. 

(iv) Except as provided for in paragraph (c)(1)(v) of this section, each opening in the 

floating membrane cover shall be equipped with a closure device designed to operate 

such that when the closure device is secured in the closed position there are no visible 

cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of 

the cover opening and the closure device. 

(v) The floating membrane cover may be equipped with one or more emergency cover 

drains for removal of stormwater. Each emergency cover drain shall be equipped with a 

slotted membrane fabric cover that covers at least 90 percent of the area of the opening or 

a flexible fabric sleeve seal. 

(vi) The closure devices shall be made of suitable materials that will minimize exposure 

of the hazardous waste to the atmosphere, to the extent practical, and will maintain the 

integrity of the closure devices throughout their intended service life. Factors to be 

considered when selecting the materials of construction and designing the cover and 

closure devices shall include: Organic vapor permeability; the effects of any contact with 

the liquid and its vapor managed in the surface impoundment; the effects of outdoor 

exposure to wind, moisture, and sunlight; and the operating practices used for the surface 

impoundment on which the floating membrane cover is installed. 

(2) Whenever a hazardous waste is in the surface impoundment, the floating membrane 

cover shall float on the liquid and each closure device shall be secured in the closed 

position except as follows: 

(i) Opening of closure devices or removal of the cover is allowed at the following times: 

(A) To provide access to the surface impoundment for performing routine inspection, 

maintenance, or other activities needed for normal operations. Examples of such 

activities include those times when a worker needs to open a port to sample the liquid in 

the surface impoundment, or when a worker needs to open a hatch to maintain or repair 

equipment. Following completion of the activity, the owner or operator shall promptly 

replace the cover and secure the closure device in the closed position, as applicable. 

(B) To remove accumulated sludge or other residues from the bottom of surface 

impoundment. 

(ii) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at 

any time conditions require doing so to avoid an unsafe condition. 

(3) The owner or operator shall inspect the floating membrane cover in accordance with 

the following procedures: 

(i) The floating membrane cover and its closure devices shall be visually inspected by the 

owner or operator to check for defects that could result in air pollutant emissions. Defects 

include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or 

between the interface of the cover edge and its foundation mountings; broken, cracked, or 

otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, 

access covers, caps, or other closure devices. 

(ii) The owner or operator shall perform an initial inspection of the floating membrane 

cover and its closure devices on or before the date that the surface impoundment becomes 

subject to this section. Thereafter, the owner or operator shall perform the inspections at 

305
least once every year except for the special conditions provided for in paragraph (g) of 

this section. 

(iii) In the event that a defect is detected, the owner or operator shall repair the defect in 

accordance with the requirements of paragraph (f) of this section. 

(iv) The owner or operator shall maintain a record of the inspection in accordance with 

the requirements specified in Sec. 265.1090(c) of this subpart. 

(d) The owner or operator who controls air pollutant emissions from a surface 

impoundment using a cover vented to a control device shall meet the requirements 

specified in paragraphs (d)(1) through (d)(3) of this section. 

(1) The surface impoundment shall be covered by a cover and vented directly through a 

closed-vent system to a control device in accordance with the following requirements: 

(i) The cover and its closure devices shall be designed to form a continuous barrier over 

the entire surface area of the liquid in the surface impoundment. 

(ii) Each opening in the cover not vented to the control device shall be equipped with a 

closure device. If the pressure in the vapor headspace underneath the cover is less than 

atmospheric pressure when the control device is operating, the closure devices shall be 

designed to operate such that when the closure device is secured in the closed position 

there are no visible cracks, holes, gaps, or other open spaces in the closure device or 

between the perimeter of the cover opening and the closure device. If the pressure in the 

vapor headspace underneath the cover is equal to or greater than atmospheric pressure 

when the control device is operating, the closure device shall be designed to operate with 

no detectable organic emissions using the procedure specified in Sec. 265.1084(d) of this 

subpart. 

(iii) The cover and its closure devices shall be made of suitable materials that will 

minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and 

will maintain the integrity of the cover and closure devices throughout their intended 

service life. Factors to be considered when selecting the materials of construction and 

designing the cover and closure devices shall include: Organic vapor permeability; the 

effects of any contact with the liquid or its vapors managed in the surface impoundment; 

the effects of outdoor exposure to wind, moisture, and sunlight; and the operating 

practices used for the surface impoundment on which the cover is installed. 

(iv) The closed-vent system and control device shall be designed and operated in 

accordance with the requirements of Sec. 265.1088 of this subpart. 

(2) Whenever a hazardous waste is in the surface impoundment, the cover shall be 

installed with each closure device secured in the closed position and the vapor headspace 

underneath the cover vented to the control device except as follows: 

(i) Venting to the control device is not required, and opening of closure devices or 

removal of the cover is allowed at the following times: 

(A) To provide access to the surface impoundment for performing routine inspection, 

maintenance, or other activities needed for normal operations. Examples of such 

activities include those times when a worker needs to open a port to sample liquid in the 

surface impoundment, or when a worker needs to open a hatch to maintain or repair 

equipment. Following completion of the activity, the owner or operator shall promptly 

secure the closure device in the closed position or reinstall the cover, as applicable, to the 

surface impoundment. 

306
(B) To remove accumulated sludge or other residues from the bottom of the surface 

impoundment. 

(ii) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at 

any time conditions require doing so to avoid an unsafe condition. 

(3) The owner or operator shall inspect and monitor the air emission control equipment in 

accordance with the following procedures: 

(i) The surface impoundment cover and its closure devices shall be visually inspected by 

the owner or operator to check for defects that could result in air pollutant emissions. 

Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section 

seams or between the interface of the cover edge and its foundation mountings; broken, 

cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing 

hatches, access covers, caps, or other closure devices. 

(ii) The closed-vent system and control device shall be inspected and monitored by the 

owner or operator in accordance with the procedures specified in Sec. 265.1088 of this 

subpart. 

(iii) The owner or operator shall perform an initial inspection of the air emission control 

equipment on or before the date that the surface impoundment becomes subject to this 

section. Thereafter, the owner or operator shall perform the inspections at least once 

every year except for the special conditions provided for in paragraph (g) of this section. 

(iv) In the event that a defect is detected, the owner or operator shall repair the defect in 

accordance with the requirements of paragraph (f) of this section. 

(v) The owner or operator shall maintain a record of the inspection in accordance with the 

requirements specified in Sec. 265.1090(c) of this subpart. 

(e) The owner or operator shall transfer hazardous waste to a surface impoundment 

subject to this section in accordance with the following requirements: 

(1) Transfer of hazardous waste, except as provided in paragraph (e)(2) of this section, to 

the surface impoundment from another surface impoundment subject to this section or 

from a tank subject to Sec. 265.1085 of this subpart shall be conducted using continuous 

hard-piping or another closed system that does not allow exposure of the waste to the 

atmosphere. For the purpose of complying with this provision, an individual drain system 

is considered to be a closed system when it meets the requirements of 40 CFR part 63, 

subpart RR--National Emission Standards for Individual Drain Systems. 

(2) The requirements of paragraph (e)(1) of this section do not apply when transferring a 

hazardous waste to the surface impoundment under either of the following conditions: 

(i) The hazardous waste meets the average VO concentration conditions specified in Sec. 

265.1083(c)(1) of this subpart at the point of waste origination. 

(ii) The hazardous waste has been treated by an organic destruction or removal process to 

meet the requirements in Sec. 265.1083(c)(2) of this subpart. 

(iii) The hazardous waste meets the requirements of Sec. 265.1083(c)(4) of this subpart. 

(f) The owner or operator shall repair each defect detected during an inspection 

performed in accordance with the requirements of paragraph (c)(3) or (d)(3) of this 

section as follows: 

(1) The owner or operator shall make first efforts at repair of the defect no later than 5 

calendar days after detection, and repair shall be completed as soon as possible but no 

later than 45 calendar days after detection except as provided in paragraph (f)(2) of this 

section. 

307
(2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator 

determines that repair of the defect requires emptying or temporary removal from service 

of the surface impoundment and no alternative capacity is available at the site to accept 

the hazardous waste normally managed in the surface impoundment. In this case, the 

owner or operator shall repair the defect the next time the process or unit that is 

generating the hazardous waste managed in the tank stops operation. Repair of the defect 

shall be completed before the process or unit resumes operation. 

(g) Following the initial inspection and monitoring of the cover as required by the 

applicable provisions of this subpart, subsequent inspection and monitoring may be 

performed at intervals longer than 1 year in the case when inspecting or monitoring the 

cover would expose a worker to dangerous, hazardous, or other unsafe conditions. In this 

case, the owner or operator may designate the cover as an ``unsafe to inspect and monitor 

cover'' and comply with all of the following requirements: 

(1) Prepare a written explanation for the cover stating the reasons why the cover is unsafe 

to visually inspect or to monitor, if required. 

(2) Develop and implement a written plan and schedule to inspect and monitor the cover 

using the procedures specified in the applicable section of this subpart as frequently as 

practicable during those times when a worker can safely access the cover. 

[61 FR 59984, Nov. 25, 1996, as amended at 62 FR 64666, Dec. 8, 1997] 

§265.1087: Standards: Containers. 

(a) The provisions of this section apply to the control of air pollutant emissions from 

containers for which Sec. 265.1083(b) of this subpart references the use of this section for 

such air emission control. 

(b)(1) General requirements. The owner or operator shall control air pollutant emissions 

from each container subject to this section in accordance with the following 

requirements, as applicable to the container, except when the special provisions for waste 

stabilization processes specified in paragraph (b)(2) of this section apply to the container. 

(i) For a container having a design capacity greater than 0.1 m3

 and less than or equal to 

0.46 m3, the owner or operator shall control air pollutant emissions from the container in 

accordance with the Container Level 1 standards specified in paragraph (c) of this 

section. 

(ii) For a container having a design capacity greater than 0.46 m3 that is not in light 

material service, the owner or operator shall control air pollutant emissions from the 

container in accordance with the Container Level 1 standards specified in paragraph 

(c) of this section. 

(iii) For a container having a design capacity greater than 0.46 m3 that is in light material 

service, the owner or operator shall control air pollutant emissions from the container in 

accordance with the Container Level 2 standards specified in paragraph (d) of this 

section. 

(2) When a container having a design capacity greater than 0.1 m3

 is used for treatment of 

a hazardous waste by a waste stabilization process, the owner or operator shall control air 

pollutant emissions from the container in accordance with the Container Level 3 

standards specified in paragraph (e) of this section at those times during the waste 

308
stabilization process when the hazardous waste in the container is exposed to the 

atmosphere. 

(c) Container Level 1 standards. (1) A container using Container Level 1 controls is one 

of the following: 

(i) A container that meets the applicable U.S. Department of Transportation (DOT) 

regulations on packaging hazardous materials for transportation as specified in paragraph 

(f) of this section. 

(ii) A container equipped with a cover and closure devices that form a continuous barrier 

over the container openings such that when the cover and closure devices are secured in 

the closed position there are no visible holes, gaps, or other open spaces into the interior 

of the container. The cover may be a separate cover installed on the container (e.g., a lid 

on a drum or a suitably secured tarp on a roll-off box) or may be an integral part of the 

container structural design (e.g., a ``portable tank'' or bulk cargo container equipped with 

a screw-type cap). 

(iii) An open-top container in which an organic-vapor suppressing barrier is placed on or 

over the hazardous waste in the container such that no hazardous waste is exposed to the 

atmosphere. One example of such a barrier is application of a suitable organic-vapor 

suppressing foam. 

(2) A container used to meet the requirements of paragraph (c)(1)(ii) or (c)(1)(iii) of this 

section shall be equipped with covers and closure devices, as applicable to the container, 

that are composed of suitable materials to minimize exposure of the hazardous waste to 

the atmosphere and to maintain the equipment integrity for as long as it is in service. 

Factors to be considered in selecting the materials of construction and designing the 

cover and closure devices shall include: Organic vapor permeability, the effects of 

contact with the hazardous waste or its vapor managed in the container; the effects of 

outdoor exposure of the closure device or cover material to wind, moisture, and sunlight; 

and the operating practices for which the container is intended to be used. 

(3) Whenever a hazardous waste is in a container using Container Level 1 controls, the 

owner or operator shall install all covers and closure devices for the container, as 

applicable to the container, and secure and maintain each closure device in the closed 

position except as follows: 

(i) Opening of a closure device or cover is allowed for the purpose of adding hazardous 

waste or other material to the container as follows: 

(A) In the case when the container is filled to the intended final level in one continuous 

operation, the owner or operator shall promptly secure the closure devices in the closed 

position and install the covers, as applicable to the container, upon conclusion of the 

filling operation. 

(B) In the case when discrete quantities or batches of material intermittently are added to 

the container over a period of time, the owner or operator shall promptly secure the 

closure devices in the closed position and install covers, as applicable to the container, 

upon either the container being filled to the intended final level; the completion of a batch 

loading after which no additional material will be added to the container within 15 

minutes; the person performing the loading operation leaving the immediate vicinity of 

the container; or the shutdown of the process generating the material being added to the 

container, whichever condition occurs first. 

309
(ii) Opening of a closure device or cover is allowed for the purpose of removing 

hazardous waste from the container as follows: 

(A) For the purpose of meeting the requirements of this section, an empty container as 

defined in 40 CFR 261.7(b) may be open to the atmosphere at any time (i.e., covers and 

closure devices are not required to be secured in the closed position on an empty 

container). 

(B) In the case when discrete quantities or batches of material are removed from the 

container but the container does not meet the conditions to be an empty container as 

defined in 40 CFR 261.7(b), the owner or operator shall promptly secure the closure 

devices in the closed position and install covers, as applicable to the container, upon the 

completion of a batch removal after which no additional material will be removed from 

the container within 15 minutes or the person performing the unloading operation leaves 

the immediate vicinity of the container, whichever condition occurs first. 

(iii) Opening of a closure device or cover is allowed when access inside the container is 

needed to perform routine activities other than transfer of hazardous waste. Examples of 

such activities include those times when a worker needs to open a port to measure the 

depth of or sample the material in the container, or when a worker needs to open a 

manhole hatch to access equipment inside the container. Following completion of the 

activity, the owner or operator shall promptly secure the closure device in the closed 

position or reinstall the cover, as applicable to the container. 

(iv) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or 

similar type of pressure relief device which vents to the atmosphere is allowed during 

normal operations for the purpose of maintaining the container internal pressure in 

accordance with the design specifications of the container. The device shall be designed 

to operate with no detectable organic emissions when the device is secured in the closed 

position. The settings at which the device opens shall be established such that the device 

remains in the closed position whenever the internal pressure of the container is within 

the internal pressure operating range determined by the owner or operator based on 

container manufacturer recommendations, applicable regulations, fire protection and 

prevention codes, standard engineering codes and practices, or other requirements for the 

safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. 

Examples of normal operating conditions that may require these devices to open are 

during those times when the internal pressure of the container exceeds the internal 

pressure operating range for the container as a result of loading operations or diurnal 

ambient temperature fluctuations. 

(v) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at 

any time conditions require doing so to avoid an unsafe condition. 

(4) The owner or operator of containers using Container Level 1 controls shall inspect the 

containers and their covers and closure devices as follows: 

(i) In the case when a hazardous waste already is in the container at the time the owner or 

operator first accepts possession of the container at the facility and the container is not 

emptied within 24 hours after the container is accepted at the facility (i.e., does not meet 

the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or 

operator shall visually inspect the container and its cover and closure devices to check for 

visible cracks, holes, gaps, or other open spaces into the interior of the container when the 

cover and closure devices are secured in the closed position. The container visual 

310
inspection shall be conducted on or before the date that the container is accepted at the 

facility (i.e., the date the container becomes subject to the subpart CC container 

standards). For purposes of this requirement, the date of acceptance is the date of 

signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous 

Waste Manifest in the appendix to 40 CFR part 262 (EPA Forms 8700-22 and 8700-

22A), as required under subpart E of this part, at 40 CFR 265.71. If a defect is detected, 

the owner or operator shall repair the defect in accordance with the requirements of 

paragraph (c)(4)(iii) of this section. 

(ii) In the case when a container used for managing hazardous waste remains at the 

facility for a period of 1 year or more, the owner or operator shall visually inspect the 

container and its cover and closure devices initially and thereafter, at least once every 12 

months, to check for visible cracks, holes, gaps, or other open spaces into the interior of 

the container when the cover and closure devices are secured in the closed position. If a 

defect is detected, the owner or operator shall repair the defect in accordance with the 

requirements of paragraph (c)(4)(iii) of this section. 

(iii) When a defect is detected for the container, cover, or closure devices, the owner or 

operator shall make first efforts at repair of the defect no later than 24 hours after 

detection, and repair shall be completed as soon as possible but no later than 5 calendar 

days after detection. If repair of a defect cannot be completed within 5 calendar days, 

then the hazardous waste shall be removed from the container and the container shall not 

be used to manage hazardous waste until the defect is repaired. 

(5) The owner or operator shall maintain at the facility a copy of the procedure used to 

determine that containers with capacity of 0.46 m3

 or greater, which do not meet 

applicable DOT regulations as specified in paragraph (f) of this section, are not managing 

hazardous waste in light material service. 

(d) Container Level 2 standards. (1) A container using Container Level 2 controls is one 

of the following: 

(i) A container that meets the applicable U.S. Department of Transportation (DOT) 

regulations on packaging hazardous materials for transportation as specified in paragraph 

(f) of this section. 

(ii) A container that operates with no detectable organic emissions as defined in Sec. 

265.1081 of this subpart and determined in accordance with the procedure specified in 

paragraph (g) of this section. 

(iii) A container that has been demonstrated within the preceding 12 months to be vaportight by using 40 CFR part 60, appendix A, Method 27 in accordance with the procedure 

specified in paragraph (h) of this section. 

(2) Transfer of hazardous waste in or out of a container using Container Level 2 controls 

shall be conducted in such a manner as to minimize exposure of the hazardous waste to 

the atmosphere, to the extent practical, considering the physical properties of the 

hazardous waste and good engineering and safety practices for handling flammable, 

ignitable, explosive, reactive or other hazardous materials. Examples of container loading 

procedures that the EPA considers to meet the requirements of this paragraph include 

using any one of the following: A submerged-fill pipe or other submerged-fill method to 

load liquids into the container; a vapor-balancing system or a vapor-recovery system to 

collect and control the vapors displaced from the container during filling operations; or a 

311
fitted opening in the top of a container through which the hazardous waste is filled and 

subsequently purging the transfer line before removing it from the container opening. 

(3) Whenever a hazardous waste is in a container using Container Level 2 controls, the 

owner or operator shall install all covers and closure devices for the container, and secure 

and maintain each closure device in the closed position except as follows: 

(i) Opening of a closure device or cover is allowed for the purpose of adding hazardous 

waste or other material to the container as follows: 

(A) In the case when the container is filled to the intended final level in one continuous 

operation, the owner or operator shall promptly secure the closure devices in the closed 

position and install the covers, as applicable to the container, upon conclusion of the 

filling operation. 

(B) In the case when discrete quantities or batches of material intermittently are added to 

the container over a period of time, the owner or operator shall promptly secure the 

closure devices in the closed position and install covers, as applicable to the container, 

upon either the container being filled to the intended final level; the completion of a batch 

loading after which no additional material will be added to the container within 15 

minutes; the person performing the loading operation leaving the immediate vicinity of 

the container; or the shutdown of the process generating the material being added to the 

container, whichever condition occurs first. 

(ii) Opening of a closure device or cover is allowed for the purpose of removing 

hazardous waste from the container as follows: 

(A) For the purpose of meeting the requirements of this section, an empty container as 

defined in 40 CFR 261.7(b) may be open to the atmosphere at any time (i.e., covers and 

closure devices are not required to be secured in the closed position on an empty 

container). 

(B) In the case when discrete quantities or batches of material are removed from the 

container but the container does not meet the conditions to be an empty container as 

defined in 40 CFR 261.7(b), the owner or operator shall promptly secure the closure 

devices in the closed position and install covers, as applicable to the container, upon the 

completion of a batch removal after which no additional material will be removed from 

the container within 15 minutes or the person performing the unloading operation leaves 

the immediate vicinity of the container, whichever condition occurs first. 

(iii) Opening of a closure device or cover is allowed when access inside the container is 

needed to perform routine activities other than transfer of hazardous waste. Examples of 

such activities include those times when a worker needs to open a port to measure the 

depth of or sample the material in the container, or when a worker needs to open a 

manhole hatch to access equipment inside the container. Following completion of the 

activity, the owner or operator shall promptly secure the closure device in the closed 

position or reinstall the cover, as applicable to the container. 

(iv) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or 

similar type of pressure relief device which vents to the atmosphere is allowed during 

normal operations for the purpose of maintaining the internal pressure of the container in 

accordance with the container design specifications. The device shall be designed to 

operate with no detectable organic emission when the device is secured in the closed 

position. The settings at which the device opens shall be established such that the device 

remains in the closed position whenever the internal pressure of the container is within 

312
the internal pressure operating range determined by the owner or operator based on 

container manufacturer recommendations, applicable regulations, fire protection and 

prevention codes, standard engineering codes and practices, or other requirements for the 

safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. 

Examples of normal operating conditions that may require these devices to open are 

during those times when the internal pressure of the container exceeds the internal 

pressure operating range for the container as a result of loading operations or diurnal 

ambient temperature fluctuations. 

(v) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at 

any time conditions require doing so to avoid an unsafe condition. 

(4) The owner or operator of containers using Container Level 2 controls shall inspect the 

containers and their covers and closure devices as follows: 

(i) In the case when a hazardous waste already is in the container at the time the owner or 

operator first accepts possession of the container at the facility and the container is not 

emptied within 24 hours after the container is accepted at the facility (i.e., does not meet 

the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or 

operator shall visually inspect the container and its cover and closure devices to check for 

visible cracks, holes, gaps, or other open spaces into the interior of the container when the 

cover and closure devices are secured in the closed position. The container visual 

inspection shall be conducted on or before the date that the container is accepted at the 

facility (i.e., the date the container becomes subject to the subpart CC container 

standards). For purposes of this requirement, the date of acceptance is the date of 

signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous 

Waste Manifest in the appendix to 40 CFR part 262 (EPA Forms 8700-22 and 8700-

22A), as required under subpart E of this part, at Sec. 265.71. If a defect is detected, the 

owner or operator shall repair the defect in accordance with the requirements of 

paragraph (d)(4)(iii) of this section. 

(ii) In the case when a container used for managing hazardous waste remains at the 

facility for a period of 1 year or more, the owner or operator shall visually inspect the 

container and its cover and closure devices initially and thereafter, at least once every 12 

months, to check for visible cracks, holes, gaps, or other open spaces into the interior of 

the container when the cover and closure devices are secured in the closed position. If a 

defect is detected, the owner or operator shall repair the defect in accordance with the 

requirements of paragraph (d)(4)(iii) of this section. 

(iii) When a defect is detected for the container, cover, or closure devices, the owner or 

operator shall make first efforts at repair of the defect no later than 24 hours after 

detection, and repair shall be completed as soon as possible but no later than 5 calendar 

days after detection. If repair of a defect cannot be completed within 5 calendar days, 

then the hazardous waste shall be removed from the container and the container shall not 

be used to manage hazardous waste until the defect is repaired. 

(e) Container Level 3 standards. (1) A container using Container Level 3 controls is one 

of the following: 

(i) A container that is vented directly through a closed-vent system to a control device in 

accordance with the requirements of paragraph (e)(2)(ii) of this section. 

313
(ii) A container that is vented inside an enclosure which is exhausted through a closedvent system to a control device in accordance with the requirements of paragraphs 

(e)(2)(i) and (e)(2)(ii) of this section. 

(2) The owner or operator shall meet the following requirements, as applicable to the type 

of air emission control equipment selected by the owner or operator: 

(i) The container enclosure shall be designed and operated in accordance with the criteria 

for a permanent total enclosure as specified in ``Procedure T--Criteria for and 

Verification of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, 

appendix B. The enclosure may have permanent or temporary openings to allow worker 

access; passage of containers through the enclosure by conveyor or other mechanical 

means; entry of permanent mechanical or electrical equipment; or direct airflow into the 

enclosure. The owner or operator shall perform the verification procedure for the 

enclosure as specified in Section 5.0 to ``Procedure T--Criteria for and Verification of a 

Permanent or Temporary Total Enclosure'' initially when the enclosure is first installed 

and, thereafter, annually. 

(ii) The closed-vent system and control device shall be designed and operated in 

accordance with the requirements of Sec. 265.1088 of this subpart. 

(3) Safety devices, as defined in Sec. 265.1081 of this subpart, may be installed and 

operated as necessary on any container, enclosure, closed-vent system, or control device 

used to comply with the requirements of paragraph (e)(1) of this section. 

(4) Owners and operators using Container Level 3 controls in accordance with the 

provisions of this subpart shall inspect and monitor the closed-vent systems and control 

devices as specified in Sec. 265.1088 of this subpart. 

(5) Owners and operators that use Container Level 3 controls in accordance with the 

provisions of this subpart shall prepare and maintain the records specified in Sec. 

265.1090(d) of this subpart. 

(6) Transfer of hazardous waste in or out of a container using Container Level 3 controls 

shall be conducted in such a manner as to minimize exposure of the hazardous waste to 

the atmosphere, to the extent practical, considering the physical properties of the 

hazardous waste and good engineering and safety practices for handling flammable, 

ignitable, explosive, reactive, or other hazardous materials. Examples of container 

loading procedures that the EPA considers to meet the requirements of this paragraph 

include using any one of the following: A submerged-fill pipe or other submerged-fill 

method to load liquids into the container; a vapor-balancing system or a vapor-recovery 

system to collect and control the vapors displaced from the container during filling 

operations; or a fitted opening in the top of a container through which the hazardous 

waste is filled and subsequently purging the transfer line before removing it from the 

container opening. 

(f) For the purpose of compliance with paragraph (c)(1)(i) or (d)(1)(i) of this section, 

containers shall be used that meet the applicable U.S. Department of Transportation 

(DOT) regulations on packaging hazardous materials for transportation as follows: 

(1) The container meets the applicable requirements specified in 49 CFR part 178--

Specifications for Packaging or 49 CFR part 179--Specifications for Tank Cars. 

(2) Hazardous waste is managed in the container in accordance with the applicable 

requirements specified in 49 CFR part 107, subpart B--Exemptions; 49 CFR part 172--

Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, 

314
Emergency Response Information, and Training Requirements; 49 CFR part 173--

Shippers-- General Requirements for Shipments and Packages; and 49 CFR part 180-- 

Continuing Qualification and Maintenance of Packagings. 

(3) For the purpose of complying with this subpart, no exceptions to the 49 CFR part 178

or part 179 regulations are allowed except as provided for in paragraph (f)(4) of this 

section. 

(4) For a lab pack that is managed in accordance with the requirements of 49 CFR part 

178 for the purpose of complying with this subpart, an owner or operator may comply 

with the exceptions for combination packagings specified in 49 CFR 173.12(b). 

(g) To determine compliance with the no detectable organic emissions requirements of 

paragraph (d)(1)(ii) of this section, the procedure specified in Sec. 265.1084(d) of this 

subpart shall be used. 

(1) Each potential leak interface (i.e., a location where organic vapor leakage could 

occur) on the container, its cover, and associated closure devices, as applicable to the 

container, shall be checked. Potential leak interfaces that are associated with containers 

include, but are not limited to: The interface of the cover rim and the container wall; the 

periphery of any opening on the container or container cover and its associated closure 

device; and the sealing seat interface on a spring-loaded pressure-relief valve. 

(2) The test shall be performed when the container is filled with a material having a 

volatile organic concentration representative of the range of volatile organic 

concentrations for the hazardous wastes expected to be managed in this type of container. 

During the test, the container cover and closure devices shall be secured in the closed 

position. 

(h) Procedure for determining a container to be vapor-tight using Method 27 of 40 CFR 

part 60, appendix A for the purpose of complying with paragraph (d)(1)(iii) of this 

section. 

(1) The test shall be performed in accordance with Method 27 of 40 CFR part 60, 

appendix A of this chapter. 

(2) A pressure measurement device shall be used that has a precision of <plus-minus2.5 

mm water and that is capable of measuring above the pressure at which the container is to 

be tested for vapor tightness. 

(3) If the test results determined by Method 27 indicate that the container sustains a 

pressure change less than or equal to 750 Pascals within 5 minutes after it is pressurized 

to a minimum of 4,500 Pascals, then the container is determined to be vapor-tight. 

[61 FR 59986, Nov. 25, 1996, as amended at 62 FR 64666, Dec. 8, 1997; 64 

FR 3391, Jan. 21, 1999] 

§265.1088: Standards: Closed-vent systems and control devices. 

(a) This section applies to each closed-vent system and control device installed and 

operated by the owner or operator to control air emissions in accordance with standards 

of this subpart. 

(b) The closed-vent system shall meet the following requirements: 

315
(1) The closed-vent system shall route the gases, vapors, and fumes emitted from the 

hazardous waste in the waste management unit to a control device that meets the 

requirements specified in paragraph (c) of this section. 

(2) The closed-vent system shall be designed and operated in accordance with the 

requirements specified in Sec. 265.1033(j) of this part. 

(3) In the case when the closed-vent system includes bypass devices that could be used to 

divert the gas or vapor stream to the atmosphere before entering the control device, each 

bypass device shall be equipped with either a flow indicator as specified in paragraph 

(b)(3)(i) of this section or a seal or locking device as specified in paragraph (b)(3)(ii) of 

this section. For the purpose of complying with this paragraph, low leg drains, high point 

bleeds, analyzer vents, open-ended valves or lines, spring-loaded pressure relief valves, 

and other fittings used for safety purposes are not considered to be bypass devices. 

(i) If a flow indicator is used to comply with paragraph (b)(3) of this section, the indicator 

shall be installed at the inlet to the bypass line used to divert gases and vapors from the 

closed-vent system to the atmosphere at a point upstream of the control device inlet. For 

this paragraph, a flow indicator means a device which indicates the presence of either gas 

or vapor flow in the bypass line. 

(ii) If a seal or locking device is used to comply with paragraph (b)(3) of this section, the 

device shall be placed on the mechanism by which the bypass device position is 

controlled (e.g., valve handle, damper lever) when the bypass device is in the closed 

position such that the bypass device cannot be opened without breaking the seal or 

removing the lock. Examples of such devices include, but are not limited to, a car-seal or 

a lock-and-key configuration valve. The owner or operator shall visually inspect the seal 

or closure mechanism at least once every month to verify that the bypass mechanism is 

maintained in the closed position. 

(4) The closed-vent system shall be inspected and monitored by the owner or operator in 

accordance with the procedure specified in 40 CFR 265.1033(k). 

(c) The control device shall meet the following requirements: 

(1) The control device shall be one of the following devices: 

(i) A control device designed and operated to reduce the total organic content of the inlet 

vapor stream vented to the control device by at least 95 percent by weight; 

(ii) An enclosed combustion device designed and operated in accordance with the 

requirements of Sec. 265.1033(c); or 

(iii) A flare designed and operated in accordance with the requirements of Sec. 

265.1033(d). 

(2) The owner or operator who elects to use a closed-vent system and control device to 

comply with the requirements of this section shall comply with the requirements 

specified in paragraphs (c)(2)(i) through (c)(2)(vi) of this section. 

(i) Periods of planned routine maintenance of the control device, during which the control 

device does not meet the specifications of paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of 

this section, as applicable, shall not exceed 240 hours per year. 

(ii) The specifications and requirements in paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) 

of this section for control devices do not apply during periods of planned routine 

maintenance. 

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(iii) The specifications and requirements in paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) 

of this section for control devices do not apply during a control device system 

malfunction. 

(iv) The owner or operator shall demonstrate compliance with the requirements of 

paragraph (c)(2)(i) of this section (i.e., planned routine maintenance of a control device, 

during which the control device does not meet the specifications of paragraphs (c)(1)(i), 

(c)(1)(ii), or (c)(1)(iii) of this section, as applicable, shall not exceed 240 hours per year) 

by recording the information specified in Sec. 265.1090(e)(1)(v) of this subpart. 

(v) The owner or operator shall correct control device system malfunctions as soon as 

practicable after their occurrence in order to minimize excess emissions of air pollutants. 

(vi) The owner or operator shall operate the closed-vent system such that gases, vapors, 

and/or fumes are not actively vented to the control device during periods of planned 

maintenance or control device system malfunction (i.e., periods when the control device 

is not operating or not operating normally) except in cases when it is necessary to vent 

the gases, vapors, or fumes to avoid an unsafe condition or to implement malfunction 

corrective actions or planned maintenance actions. 

(3) The owner or operator using a carbon adsorption system to comply with paragraph 

(c)(1) of this section shall operate and maintain the control device in accordance with the 

following requirements: 

(i) Following the initial startup of the control device, all activated carbon in the control 

device shall be replaced with fresh carbon on a regular basis in accordance with the 

requirements of Sec. 265.1033(g) or Sec. 265.1033(h). 

(ii) All carbon that is a hazardous waste and that is removed from the control device shall 

be managed in accordance with the requirements of 40 CFR 265.1033(m), regardless of 

the average volatile organic concentration of the carbon. 

(4) An owner or operator using a control device other than a thermal vapor incinerator, 

flare, boiler, process heater, condenser, or carbon adsorption system to comply with 

paragraph (c)(1) of this section shall operate and maintain the control device in 

accordance with the requirements of Sec. 265.1033(i). 

(5) The owner or operator shall demonstrate that a control device achieves the 

performance requirements of paragraph (c)(1) of this section as follows: 

(i) An owner or operator shall demonstrate using either a performance test as specified in 

paragraph (c)(5)(iii) of this section or a design analysis as specified in paragraph 

(c)(5)(iv) of this section the performance of each control device except for the following: 

(A) A flare; 

(B) A boiler or process heater with a design heat input capacity of 44 megawatts or 

greater; 

(C) A boiler or process heater into which the vent stream is introduced with the primary 

fuel; 

(D) A boiler or industrial furnace burning hazardous waste for which the owner or 

operator has been issued a final permit under 40 CFR part 270 and has designed and 

operates the unit in accordance with the requirements of 40 CFR part 266, subpart H; or 

(E) A boiler or industrial furnace burning hazardous waste for which the owner or 

operator has designed and operates in accordance with the interim status requirements of 

40 CFR part 266, subpart H. 

317
(ii) An owner or operator shall demonstrate the performance of each flare in accordance 

with the requirements specified in Sec. 265.1033(e). 

(iii) For a performance test conducted to meet the requirements of paragraph (c)(5)(i) of 

this section, the owner or operator shall use the test methods and procedures specified in 

Sec. 265.1034(c)(1) through (c)(4). 

(iv) For a design analysis conducted to meet the requirements of paragraph (c)(5)(i) of 

this section, the design analysis shall meet the requirements specified in Sec. 

265.1035(b)(4)(iii). 

(v) The owner or operator shall demonstrate that a carbon adsorption system achieves the 

performance requirements of paragraph (c)(1) of this section based on the total quantity 

of organics vented to the atmosphere from all carbon adsorption system equipment that is 

used for organic adsorption, organic desorption or carbon regeneration, organic recovery, 

and carbon disposal. 

(6) If the owner or operator and the Regional Administrator do not agree on a 

demonstration of control device performance using a design analysis then the 

disagreement shall be resolved using the results of a performance test performed by the 

owner or operator in accordance with the requirements of paragraph (c)(5)(iii) of this 

section. The Regional Administrator may choose to have an authorized representative 

observe the performance test. 

(7) The closed-vent system and control device shall be inspected and monitored by the 

owner or operator in accordance with the procedures specified in 40 CFR 265.1033(f)(2) 

and 40 CFR 265.1033(k). The readings from each monitoring device required by 40 CFR 

265.1033(f)(2) shall be inspected at least once each operating day to check control device 

operation. Any necessary corrective measures shall be immediately implemented to 

ensure the control device is operated in compliance with the requirements of this section. 

[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4915, Feb. 9, 1996; 61 

FR 59989, Nov. 25, 1996; 62 FR 64667, Dec. 8, 1997] 

§265.1089: Inspection and monitoring requirements. 

(a) The owner or operator shall inspect and monitor air emission control equipment used 

to comply with this subpart in accordance with the applicable requirements specified in 

Sec. 265.1085 through Sec. 265.1088 of this subpart. 

(b) The owner or operator shall develop and implement a written plan and schedule to 

perform the inspections and monitoring required by paragraph (a) of this section. The 

owner or operator shall incorporate this plan and schedule into the facility inspection plan 

required under 40 CFR 265.15. 

[61 FR 59990, Nov. 25, 1996] 

§265.1090: Recordkeeping requirements. 

(a) Each owner or operator of a facility subject to requirements in this subpart shall 

record and maintain the information specified in paragraphs (b) through (j) of this 

section, as applicable to the facility. Except for air emission control equipment design 

documentation and information required by paragraphs (i) and (j) of this section, records 

318
required by this section shall be maintained in the operating record for a minimum of 3 

years. Air emission control equipment design documentation shall be maintained in the 

operating record until the air emission control equipment is replaced or otherwise no 

longer in service. Information required by paragraphs (i) and (j) of this section shall be 

maintained in the operating record for as long as the waste management unit is not using 

air emission controls specified in Sec. Sec. 265.1085 through 265.1088 of this subpart in 

accordance with the conditions specified in Sec. 265.1080(d) or Sec. 265.1080(b)(7) of 

this subpart, respectively. 

(b) The owner or operator of a tank using air emission controls in accordance with the 

requirements of Sec. 265.1085 of this subpart shall prepare and maintain records for the 

tank that include the following information: 

(1) For each tank using air emission controls in accordance with the requirements of Sec. 

265.1085 of this subpart, the owner or operator shall record: 

(i) A tank identification number (or other unique identification description as selected by 

the owner or operator). 

(ii) A record for each inspection required by Sec. 265.1085 of this subpart that includes 

the following information: 

(A) Date inspection was conducted. 

(B) For each defect detected during the inspection: The location of the defect, a 

description of the defect, the date of detection, and corrective action taken to repair the 

defect. In the event that repair of the defect is delayed in accordance with the provisions 

of Sec. 265.1085 of this subpart, the owner or operator shall also record the reason for the 

delay and the date that completion of repair of the defect is expected. 

(2) In addition to the information required by paragraph (b)(1) of this section, the owner 

or operator shall record the following information, as applicable to the tank: 

(i) The owner or operator using a fixed roof to comply with the Tank Level 1 control 

requirements specified in Sec. 265.1085(c) of this subpart shall prepare and maintain 

records for each determination for the maximum organic vapor pressure of the hazardous 

waste in the tank performed in accordance with the requirements of Sec. 265.1085(c) of 

this subpart. The records shall include the date and time the samples were collected, the 

analysis method used, and the analysis results. 

(ii) The owner or operator using an internal floating roof to comply with the Tank Level 2 

control requirements specified in Sec. 265.1085(e) of this subpart shall prepare and 

maintain documentation describing the floating roof design. 

(iii) Owners and operators using an external floating roof to comply with the Tank Level 

2 control requirements specified in Sec. 265.1085(f) of this subpart shall prepare and 

maintain the following records: 

(A) Documentation describing the floating roof design and the dimensions of the tank. 

(B) Records for each seal gap inspection required by Sec. 265.1085(f)(3) of this subpart 

describing the results of the seal gap measurements. The records shall include the date 

that the measurements were performed, the raw data obtained for the measurements, and 

the calculations of the total gap surface area. In the event that the seal gap measurements 

do not conform to the specifications in Sec. 265.1085(f)(1) of this subpart, the records 

shall include a description of the repairs that were made, the date the repairs were made, 

and the date the tank was emptied, if necessary. 

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(iv) Each owner or operator using an enclosure to comply with the Tank Level 2 control 

requirements specified in Sec. 265.1085(i) of this subpart shall prepare and maintain the 

following records: 

(A) Records for the most recent set of calculations and measurements performed by the 

owner or operator to verify that the enclosure meets the criteria of a permanent total 

enclosure as specified in ``Procedure T--Criteria for and Verification of a Permanent or 

Temporary Total Enclosure'' under 40 CFR 52.741, appendix B. 

(B) Records required for the closed-vent system and control device in accordance with 

the requirements of paragraph (e) of this section. 

(c) The owner or operator of a surface impoundment using air emission controls in 

accordance with the requirements of Sec. 265.1086 of this subpart shall prepare and 

maintain records for the surface impoundment that include the following information: 

(1) A surface impoundment identification number (or other unique identification 

description as selected by the owner or operator). 

(2) Documentation describing the floating membrane cover or cover design, as applicable 

to the surface impoundment, that includes information prepared by the owner or operator 

or provided by the cover manufacturer or vendor describing the cover design, and 

certification by the owner or operator that the cover meets the specifications listed in 

Sec. 265.1086(c) of this subpart. 

(3) A record for each inspection required by Sec. 265.1086 of this subpart that includes 

the following information: 

(i) Date inspection was conducted. 

(ii) For each defect detected during the inspection the following information: The 

location of the defect, a description of the defect, the date of detection, and corrective 

action taken to repair the defect. In the event that repair of the defect is delayed in 

accordance with the provisions of Sec. 265.1086(f) of this subpart, the owner or operator 

shall also record the reason for the delay and the date that completion of repair of the 

defect is expected. 

(4) For a surface impoundment equipped with a cover and vented through a closed-vent 

system to a control device, the owner or operator shall prepare and maintain the records 

specified in paragraph (e) of this section. 

(d) The owner or operator of containers using Container Level 3 air emission controls in 

accordance with the requirements of Sec. 265.1087 of this subpart shall prepare and 

maintain records that include the following information: 

(1) Records for the most recent set of calculations and measurements performed by the 

owner or operator to verify that the enclosure meets the criteria of a permanent total 

enclosure as specified in ``Procedure T--Criteria for and Verification of a Permanent or 

Temporary Total Enclosure'' under 40 CFR 52.741, appendix B. 

(2) Records required for the closed-vent system and control device in accordance with the 

requirements of paragraph (e) of this section. 

(e) The owner or operator using a closed-vent system and control device in accordance 

with the requirements of Sec. 265.1088 of this subpart shall prepare and maintain records 

that include the following information: 

(1) Documentation for the closed-vent system and control device that includes: 

(i) Certification that is signed and dated by the owner or operator stating that the control 

device is designed to operate at the performance level documented by a design analysis as 

320
specified in paragraph (e)(1)(ii) of this section or by performance tests as specified in 

paragraph (e)(1)(iii) of this section when the tank, surface impoundment, or container is 

or would be operating at capacity or the highest level reasonably expected to occur. 

(ii) If a design analysis is used, then design documentation as specified in 40 CFR 

265.1035(b)(4). The documentation shall include information prepared by the owner or 

operator or provided by the control device manufacturer or vendor that describes the 

control device design in accordance with 40 CFR 265.1035(b)(4)(iii) and certification by 

the owner or operator that the control equipment meets the applicable specifications. 

(iii) If performance tests are used, then a performance test plan as specified in 40 CFR 

265.1035(b)(3) and all test results. 

(iv) Information as required by 40 CFR 265.1035(c)(1) and 40 CFR 265.1035(c)(2), as 

applicable. 

(v) An owner or operator shall record, on a semiannual basis, the information specified in 

paragraphs (e)(1)(v)(A) and (e)(1)(v)(B) of this section for those planned routine 

maintenance operations that would require the control device not to meet the equirements 

of Sec. 265.1088 (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable. 

(A) A description of the planned routine maintenance that is anticipated to be performed 

for the control device during the next 6-month period. This description shall include the 

type of maintenance necessary, planned frequency of maintenance, and lengths of 

maintenance periods. 

(B) A description of the planned routine maintenance that was performed for the control 

device during the previous 6-month period. This description shall include the type of 

maintenance performed and the total number of hours during those 6 months that the 

control device did not meet the requirements of Sec. 265.1088 (c)(1)(i), (c)(1)(ii), or 

(c)(1)(iii) of this subpart, as applicable, due to planned routine maintenance. 

(vi) An owner or operator shall record the information specified in paragraphs 

(e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for those unexpected control device 

system malfunctions that would require the control device not to meet the requirements 

of Sec. 265.1088 (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable. 

(A) The occurrence and duration of each malfunction of the control device system. 

(B) The duration of each period during a malfunction when gases, vapors, or fumes are 

vented from the waste management unit through the closed-vent system to the control 

device while the control device is not properly functioning. 

(C) Actions taken during periods of malfunction to restore a malfunctioning control 

device to its normal or usual manner of operation. 

(vii) Records of the management of carbon removed from a carbon adsorption system 

conducted in accordance with Sec. 265.1088(c)(3)(ii) of this subpart. 

(f) The owner or operator of a tank, surface impoundment, or container exempted from 

standards in accordance with the provisions of Sec. 265.1083(c) of this subpart shall 

prepare and maintain the following records, as applicable: 

(1) For tanks, surface impoundments, or containers exempted under the hazardous waste 

organic concentration conditions specified in Sec. 265.1083(c)(1) or Sec. 

265.1083(c)(2)(i) through (c)(2)(vi) of this subpart, the owner or operator shall record the 

information used for each waste determination (e.g., test results, measurements, 

calculations, and other documentation) in the facility operating log. If analysis results for 

waste samples are used for the waste determination, then the owner or operator shall 

321
record the date, time, and location that each waste sample is collected in accordance with 

applicable requirements of Sec. 265.1084 of this subpart. 

(2) For tanks, surface impoundments, or containers exempted under the provisions of 

Sec. 265.1083(c)(2)(vii) or Sec. 265.1083(c)(2)(viii) of this subpart, the owner or 

operator shall record the identification number for the incinerator, boiler, or industrial 

furnace in which the hazardous waste is treated. 

(g) An owner or operator designating a cover as ``unsafe to inspect and monitor'' pursuant 

to Sec. 265.1085(l) or Sec. 265.1086(g) of this subpart shall record in a log that is kept in 

the facility operating record the following information: The identification numbers for 

waste management units with covers that are designated as ``unsafe to inspect and 

monitor,'' the explanation for each cover stating why the cover is unsafe to inspect and 

monitor, and the plan and schedule for inspecting and monitoring each cover. 

(h) The owner or operator of a facility that is subject to this subpart and to the control 

device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, may elect 

to demonstrate compliance with the applicable sections of this subpart by documentation 

either pursuant to this subpart, or pursuant to the provisions of 40 CFR part 60, subpart 

VV or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 

CFR parts 60 or 61 duplicates the documentation required by this section. 

(i) For each tank or container not using air emission controls specified in Sec. Sec. 

265.1085 through 265.1088 of this subpart in accordance with the conditions specified in 

Sec. 265.1080(d) of this subpart, the owner or operator shall record and maintain the 

following information: 

(1) A list of the individual organic peroxide compounds manufactured at the facility that 

meet the conditions specified in Sec. 265.1080(d)(1). 

(2) A description of how the hazardous waste containing the organic peroxide compounds 

identified in paragraph (i)(1) of this section are managed at the facility in tanks and 

containers. This description shall include the following information: 

(i) For the tanks used at the facility to manage this hazardous waste, sufficient 

information shall be provided to describe for each tank: A facility identification number 

for the tank; the purpose and placement of this tank in the management train of this 

hazardous waste; and the procedures used to ultimately dispose of the hazardous waste 

managed in the tanks. 

(ii) For containers used at the facility to manage these hazardous wastes, sufficient 

information shall be provided to describe: A facility identification number for the 

container or group of containers; the purpose and placement of this container, or group of 

containers, in the management train of this hazardous waste; and the procedures used to 

ultimately dispose of the hazardous waste handled in the containers. 

(3) An explanation of why managing the hazardous waste containing the organic 

peroxide compounds identified in paragraph (i)(1) of this section in the tanks and 

containers as described in paragraph (i)(2) of this section would create an undue safety 

hazard if the air emission controls, as required under Sec. Sec. 265.1085 through 

265.1088 of this subpart, are installed and operated on these waste management units. 

This explanation shall include the following information: 

(i) For tanks used at the facility to manage these hazardous wastes, sufficient information 

shall be provided to explain: How use of the required air emission controls on the tanks 

would affect the tank design features and facility operating procedures currently used to 

322
prevent an undue safety hazard during the management of this hazardous waste in the 

tanks; and why installation of safety devices on the required air emission controls, as 

allowed under this subpart, will not address those situations in which evacuation of tanks 

equipped with these air emission controls is necessary and consistent with good 

engineering and safety practices for handling organic peroxides. 

(ii) For containers used at the facility to manage these hazardous wastes, sufficient 

information shall be provided to explain: How use of the required air emission controls 

on the containers would affect the container design features and handling procedures 

currently used to prevent an undue safety hazard during the management of this 

hazardous waste in the containers; and why installation of safety devices on the required 

air emission controls, as allowed under this subpart, will not address those situations in 

which evacuation of containers equipped with these air emission controls is necessary 

and consistent with good engineering and safety practices for handling organic peroxides. 

(j) For each hazardous waste management unit not using air emission controls specified 

in Sec. Sec. 265.1085 through 265.1088 of this subpart in accordance with the provisions 

of Sec. 265.1080(b)(7) of this subpart, the owner and operator shall record and maintain 

the following information: 

(1) Certification that the waste management unit is equipped with and operating air 

emission controls in accordance with the requirements of an applicable Clean Air Act 

regulation codified under 40 CFR part 60, part 61, or part 63. 

(2) Identification of the specific requirements codified under 40 CFR part 60, part 61, or 

part 63 with which the waste management unit is in compliance. 

[61 FR 59990, Nov. 25, 1996, as amended at 62 FR 64667, Dec. 8, 1997] 

Related Resources:

• Frequently Asked Questions on the 40 CFR PART 264/265, Subpart CC Air

Emission Standards

• RCRA Organic Air Emission Standards for TSDFs and Generators

• Applicability of Subpart CC Air Emission Regulations

• RCRA Organic Air Emissions Training and Assistance: RCRA Subpart AA, BB 

and CC Regulations Body of Knowledge

• Technical Guidance Document for RCRA Air Emission Standards for Process 

Vents and Equipment Leaks

• Background Information Document for Promulgated Organic Air Emission 

Standards for Tanks, Surface Impoundments, and Containers

• Subpart CC Waste Determination Options

• Applicability of Parts 264/265, Subparts AA, BB and CC

• Waste Analysis Information for Purposes of Subpart CC Compliance

• Clarification of Subpart CC Standards 

• Applicability of Subpart CC Air Emission Regulations

Closure and Post-closure 

§ 265 Subpart G (From 40 CFR 262.34 (a)(4)) 

323
§ 265.111: Closure performance standard. 

The owner or operator must close the facility in a manner that: 

(a) Minimizes the need for further maintenance, and 

(b) Controls, minimizes or eliminates, to the extent necessary to protect human health and 

the environment, post-closure escape of hazardous waste, hazardous constituents, 

leachate, contaminated run-off, or hazardous waste decomposition products to the ground 

or surface waters or to the atmosphere, and 

(c) Complies with the closure requirements of this subpart, including, but not 

limited to, the requirements of §§ 265.197, 265.228, 265.258, 265.280, 265.310, 

265.351, 265.381, 265.404, and 265.1102. (See citations below.) 

[51 FR 16451, May 2, 1986, as amended at 57 FR 37267, Aug. 18, 1992] 

§ 265.114: Disposal or decontamination of equipment, structures and soils. 

During the partial and final closure periods, all contaminated equipment, structures and 

soil must be properly disposed of, or decontaminated unless specified otherwise in §§ 

265.197, 265.228, 265.258, 265.280, or 265.310. By removing all hazardous wastes or 

hazardous constituents during partial and final closure, the owner or operator may 

become a generator of hazardous waste and must handle that hazardous waste in 

accordance with all applicable requirements of part 262 of this chapter. 

[51 FR 16451, May 2, 1986, as amended at 53 FR 34086, Sept. 2, 1988] 

§ 265.197: Closure and post-closure care. 

(a) At closure of a tank system, the owner or operator must remove or decontaminate all 

waste residues, contaminated containment system components (liners, etc.), contaminated 

soils, and structures and equipment contaminated with waste, and manage them as 

hazardous waste, unless § 261.3(d) of this Chapter applies. The closure plan, closure 

activities, cost estimates for closure, and financial responsibility for tank systems must 

meet all of the requirements specified in subparts G and H of this part. 

(b) If the owner or operator demonstrates that not all contaminated soils can be 

practicably removed or decontaminated as required in paragraph (a) of this section, then 

the owner or operator must close the tank system and perform post-closure care in 

accordance with the closure and post-closure care requirements that apply to landfills (§ 

265.310) In addition, for the purposes of closure, post-closure, and financial 

responsibility, such a tank system is then considered to be a landfill, and the owner or 

operator must meet all of the requirements for landfills specified in subparts G and H of 

this part. 

(c) If an owner or operator has a tank system which does not have secondary containment 

that meets the requirements of § 265.193(b) through (f) and which is not exempt from the 

secondary containment requirements in accordance with § 265.193(g), then, 

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(1) The closure plan for the tank system must include both a plan for complying with 

paragraph (a) of this section and a contingent plan for complying with paragraph (b) of 

this section. 

(2) A contingent post-closure plan for complying with paragraph (b) of this section must 

be prepared and submitted as part of the permit application. 

(3) The cost estimates calculated for closure and post-closure care must reflect the costs 

of complying with the contingent closure plan and the contingent post-closure plan, if 

these costs are greater than the costs of complying with the closure plan prepared for the 

expected closure under paragraph (a) of this section. 

(4) Financial assurance must be based on the cost estimates in paragraph (c)(3) of this 

section. (5) For the purposes of the contingent closure and post-closure plans, such a tank 

system is considered to be a landfill, and the contingent plans must meet all of the 

closure, post-closure, and financial responsibility requirements for landfills under 

subparts G and H of this part. 

§ 265.228: Closure and post-closure care. 

(a) At closure, the owner or operator must: 

(1) Remove or decontaminate all waste residues, contaminated containment system 

components (liners, etc.), contaminated subsoils, and structures and equipment 

contaminated with waste and leachate, and manage them as hazardous waste unless § 

261.3(d) of this chapter applies; or 

(2) Close the impoundment and provide post-closure care for a landfill under subpart G 

and § 265.310, including the following: 

(i) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes 

and waste residues; 

(ii) Stabilize remaining wastes to a bearing capacity sufficient to support the final cover; 

and 

(iii) Cover the surface impoundment with a final cover designed and constructed to: 

(A) Provide long-term minimization of the migration of liquids through the closed 

impoundment; 

(B) Function with minimum maintenance; 

(C) Promote drainage and minimize erosion or abrasion of the cover; 

(D) Accommodate settling and subsidence so that the cover’s integrity is maintained; and 

(E) Have a permeability less than or equal to the permeability of any bottom liner system 

or natural subsoils present. 

(b) In addition to the requirements of subpart G, and § 265.310, during the post-closure 

care period, the owner or operator of a surface impoundment in which wastes, waste 

residues, or contaminated materials remain after closure in accordance with the 

provisions of paragraph (a)(2) of this section must: 

(1) Maintain the integrity and effectiveness of the final cover, including making repairs to 

the cover as necessary to correct the effects of settling, subsidence, erosion, or other 

events; 

(2) Maintain and monitor the leak detection system in accordance with §§ 

264.221(c)(2)(iv) and (3) of this chapter and 265.226(b) and comply with all other 

applicable leak detection system requirements of this part; 

325
(3) Maintain and monitor the ground- water monitoring system and comply with all other 

applicable requirements of subpart F of this part; and 

(4) Prevent run-on and run-off from eroding or otherwise damaging the final cover. 

[52 FR 8708, Mar. 19, 1987, as amended at 57 FR 3493, Jan. 29, 1992; 71 FR 40275, 

July 14, 2006] 

§ 265.258: Closure and post-closure care. 

(a) At closure, the owner or operator must remove or decontaminate all waste residues, 

contaminated containment system components (liners, etc.), contaminated subsoils, and 

structures and equipment contaminated with waste and leachate, and manage them as 

hazardous waste unless § 261.3(d) of this chapter applies; or 

(b) If, after removing or decontaminating all residues and making all reasonable efforts to 

effect removal or decontamination of contaminated components, subsoils, structures, and 

equipment as required in paragraph (a) of this section, the owner or operator finds that 

not all contaminated subsoils can be practicably removed or decontaminated, he must 

close the facility and perform post-closure care in accordance with the closure and postclosure requirements that apply to landfills (§ 265.310). 

[47 FR 32368, July 26, 1982] 

§ 265.280: Closure and post-closure. 

(a) In the closure plan under § 265.112 and the post-closure plan under § 265.118, the 

owner or operator must address the following objectives and indicate how they will be 

achieved: 

(1) Control of the migration of hazardous waste and hazardous waste constituents from 

the treated area into the ground water; 

(2) Control of the release of contaminated run-off from the facility into surface water; 

(3) Control of the release of airborne particulate contaminants caused by wind erosion; 

and 

(4) Compliance with § 265.276 concerning the growth of food-chain crops. 

(b) The owner or operator must consider at least the following factors in addressing the 

closure and post-closure care objectives of paragraph (a) of this section: 

(1) Type and amount of hazardous waste and hazardous waste constituents applied to the 

land treatment facility; 

(2) The mobility and the expected rate of migration of the hazardous waste and hazardous 

waste constituents; 

(3) Site location, topography, and surrounding land use, with respect to the potential 

effects of pollutant migration (e.g., proximity to ground water, surface water and drinking 

water sources); (4) Climate, including amount, frequency, and pH of precipitation; 

(5) Geological and soil profiles and surface and subsurface hydrology of the site, and soil 

characteristics, including cation exchange capacity, total organic carbon, and pH; 

(6) Unsaturated zone monitoring information obtained under § 265.278; and 

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(7) Type, concentration, and depth of migration of hazardous waste constituents in the 

soil as compared to their background concentrations. 

(c) The owner or operator must consider at least the following methods in addressing the 

closure and post-closure care objectives of paragraph (a) of this section: 

(1) Removal of contaminated soils; 

(2) Placement of a final cover, considering: 

(i) Functions of the cover (e.g., infiltration control, erosion and run-off control, and wind 

erosion control); and 

(ii) Characteristics of the cover, including material, final surface contours, thickness, 

porosity and permeability, slope, length of run of slope, and type of vegetation on the 

cover; and 

(3) Monitoring of ground water. 

(d) In addition to the requirements of subpart G of this part, during the closure period the 

owner or operator of a land treatment facility must: 

(1) Continue unsaturated zone monitoring in a manner and frequency specified in the 

closure plan, except that soil pore liquid monitoring may be terminated 90 days after the 

last application of waste to the treatment zone; 

(2) Maintain the run-on control system required under § 265.272(b); 

(3) Maintain the run-off management system required under § 265.272(c); and 

(4) Control wind dispersal of particulate matter which may be subject to wind dispersal. 

(e) For the purpose of complying with §265.115, when closure is completed the owner or 

operator may submit to the Regional Administrator certification both by the owner or 

operator and by an independent, qualified soil scientist, in lieu of a qualified Professional 

Engineer, that the facility has been closed in accordance with the specifications in the 

approved closure plan. 

(f) In addition to the requirements of § 265.117, during the post-closure care period the 

owner or operator of a land treatment unit must: 

(1) Continue soil-core monitoring by collecting and analyzing samples in a manner and 

frequency specified in the post-closure plan; 

(2) Restrict access to the unit as appropriate for its post-closure use; 

(3) Assure that growth of food chain crops complies with § 265.276; and

(4) Control wind dispersal of hazardous waste. 

[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 71 FR 16911, 

Apr. 4, 2006; 71 FR 40275, July 14, 2006] 

§ 265.310: Closure and post-closure care. 

(a) At final closure of the landfill or upon closure of any cell, the owner or operator must 

cover the landfill or cell with a final cover designed and constructed to: 

(1) Provide long-term minimization of migration of liquids through the closed landfill; 

(2) Function with minimum maintenance; 

(3) Promote drainage and minimize erosion or abrasion of the cover; 

(4) Accommodate settling and subsidence so that the cover’s integrity is maintained; and 

(5) Have a permeability less than or equal to the permeability of any bottom liner system 

or natural subsoils present. 

327
(b) After final closure, the owner or operator must comply with all post-closure 

requirements contained in §§ 265.117 through 265.120 including maintenance and 

monitoring throughout the post-closure care period. The owner or operator must: 

(1) Maintain the integrity and effectiveness of the final cover, including making repairs to 

the cover as necessary to correct the effects of settling, subsidence, erosion, or other 

events; 

(2) Maintain and monitor the leak detection system in accordance with §§ 

264.301(c)(3)(iv) and (4) of this chapter and 265.304(b), and comply with all other 

applicable leak detection system requirements of this part; 

(3) Maintain and monitor the ground-water monitoring system and comply with all other 

applicable requirements of subpart F of this part; 

(4) Prevent run-on and run-off from eroding or otherwise damaging the final cover; and 

(5) Protect and maintain surveyed benchmarks used in complying with §265.309. 

[50 FR 16048, Apr. 23, 1985, as amended at 57FR 3495, Jan. 29, 1992] 

§ 265.351: Closure. 

At closure, the owner or operator must remove all hazardous waste and hazardous waste 

residues (including but not limited to ash, scrubber waters, and scrubber sludges) from 

the incinerator. 

[Comment: At closure, as throughout the operating period, unless the owner or operator 

can demonstrate, in accordance with § 261.3(d) of this chapter, that the residue removed 

from his incinerator is not a hazardous waste, the owner or operator becomes a 

generator of hazardous waste and must manage it in accordance with all applicable 

requirements of parts 262 through 266 of this chapter.]

§ 265.381: Closure. 

At closure, the owner or operator must remove all hazardous waste and hazardous waste 

residues (including, but not limited to, ash) from the thermal treatment process or 

equipment. 

[Comment: At closure, as throughout the operating period, unless the owner or operator 

can demonstrate, in accordance with § 261.3(c) or (d) of this chapter, that any solid 

waste removed from his thermal treatment process or equipment is not a hazardous 

waste, the owner or operator becomes a generator of hazardous waste and must manage 

it in accordance with all applicable requirements of parts 262, 263, and 265 of this 

chapter.]

§ 265.404: Closure. 

At closure, all hazardous waste and hazardous waste residues must be removed from 

treatment processes or equipment, discharge control equipment, and discharge 

confinement structures. 

328
[Comment: At closure, as throughout the operating period, unless the owner or operator 

can demonstrate, in accordance with § 261.3(c) or (d) of this chapter, that any solid 

waste removed from his treatment process or equipment is not a hazardous waste, the 

owner or operator becomes a generator of hazardous waste and must manage it in 

accordance with all applicable requirements of parts 262, 263, and 265 of this chapter.]

§ 265.1102: Closure and post-closure care. 

(a) At closure of a containment building, the owner or operator must remove or 

decontaminate all waste residues, contaminated containment system components (liners, 

etc.), contaminated subsoils, and structures and equipment contaminated with waste and 

leachate, and manage them as hazardous waste unless § 261.3(d) of this chapter applies. 

The closure plan, closure activities, cost estimates for closure, and financial responsibility 

for containment buildings must meet all of the requirements specified in subparts G and 

H of this part. 

(b) If, after removing or decontaminating all residues and making all reasonable efforts to 

effect removal or decontamination of contaminated components, subsoils, structures, and 

equipment as required in paragraph (a) of this section, the owner or operator finds that 

not all contaminated subsoils can be practicably removed or decontaminated, he must 

close the facility and perform post-closure care in accordance with the closure and postclosure requirements that apply to landfills (§ 265.310). In addition, for the purposes of 

closure, post-closure, and financial responsibility, such a containment building is then 

considered to be a landfill, and the owner or operator must meet all of the requirements 

for landfills specified in subparts G and H of this part. 

Related Resources: 

• Generator Closure Requirements

• Contents of Closure Plan

• Drip Pad Closure Notification and Certification Requirements

Special Requirements for Generators of F006 

§ 262.34: Accumulation time. 

(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms 

of hazardous waste in a calendar month may accumulate hazardous waste on-site for 180 

days or less without a permit or without having interim status provided that: 

(1) The quantity of waste accumulated on-site never exceeds 6000 kilograms; 

(2) The generator complies with the requirements of subpart I of part 265 of this chapter, 

except for §§ 265.176 and 265.178; 

(3) The generator complies with the requirements of § 265.201 in subpart J of part 265; 

(4) The generator complies with the requirements of paragraphs (a)(2) and (a)(3) of this 

section, the requirements of subpart C of part 265, the requirements of 40 CFR 

268.7(a)(5); and 

(5) The generator complies with the following requirements: 

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(i) At all times there must be at least one employee either on the premises or on call (i.e., 

available to respond to an emergency by reaching the facility within a short period of 

time) with the responsibility for coordinating all emergency response measures specified 

in paragraph (d)(5)(iv) of this section. This employee is the emergency coordinator. 

(ii) The generator must post the following information next to the telephone: 

(A) The name and telephone number of the emergency coordinator; 

(B) Location of fire extinguishers and spill control material, and, if present, fire alarm; 

and 

(C) The telephone number of the fire department, unless the facility has a direct alarm. 

(iii) The generator must ensure that all employees are thoroughly familiar with proper 

waste handling and emergency procedures, relevant to their responsibilities during 

normal facility operations and emergencies; 

(iv) The emergency coordinator or his designee must respond to any emergencies that 

arise. The applicable responses are as follows: 

(A) In the event of a fire, call the fire department or attempt to extinguish it using a fire 

extinguisher; 

(B) In the event of a spill, contain the flow of hazardous waste to the extent possible, and 

as soon as is practicable, clean up the hazardous waste and any contaminated materials or 

soil; 

(C) In the event of a fire, explosion, or other release which could threaten human health 

outside the facility or when the generator has knowledge that a spill has reached surface 

water, the generator must immediately notify the National Response Center (using their 

24-hour toll free number 800/424–8802). The report must include the following 

information: 

(1) The name, address, and U.S. EPA Identification Number of the generator; 

(2) Date, time, and type of incident (e.g., spill or fire); 

(3) Quantity and type of hazardous waste involved in the incident; 

(4) Extent of injuries, if any; and 

(5) Estimated quantity and disposition of recovered materials, if any. 

(e) A generator who generates greater than 100 kilograms but less than 1000 kilograms of 

hazardous waste in a calendar month and who must transport his waste, or offer his waste 

for transportation, over a distance of 200 miles or more for off-site treatment, storage or 

disposal may accumulate hazardous waste on-site for 270 days or less without a permit or 

without having interim status provided that he complies with the requirements of 

paragraph (d) of this section. 

(f) A generator who generates greater than 100 kilograms but less than 1000 kilograms of 

hazardous waste in a calendar month and who accumulates hazardous waste in quantities 

exceeding 6000 kg or accumulates hazardous waste for more than 180 days (or for more 

than 270 days if he must transport his waste, or offer his waste for transportation, over a 

distance of 200 miles or more) is an operator of a storage facility and is subject to the 

requirements of 40 CFR parts 264 and 265 and the permit requirements of 40 CFR part 

270 unless he has been granted an extension to the 180-day (or 270-day if applicable) 

period. Such extension may be granted by EPA if hazardous wastes must remain on-site 

for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and 

330
uncontrollable circumstances. An extension of up to 30 days may be granted at the 

discretion of the Regional Administrator on a case-by-case basis. 

(g) A generator who generates 1,000 kilograms or greater of hazardous waste per 

calendar month who also generates wastewater treatment sludges from electroplating 

operations that meet the listing description for the RCRA hazardous waste code F006, 

may accumulate F006 waste on- site for more than 90 days, but not more than 180 days 

without a permit or without having interim status provided that: 

(1) The generator has implemented pollution prevention practices that reduce the amount 

of any hazardous substances, pollutants or contaminants entering F006 or otherwise 

released to the environment prior to its recycling; 

(2) The F006 waste is legitimately recycled through metals recovery; 

(3) No more than 20,000 kilograms of F006 waste is accumulated on-site at any one time; 

and 

(4) The F006 waste is managed in accordance with the following: 

(i) The F006 waste is placed: 

(A) In containers and the generator complies with the applicable requirements of subparts 

I, AA, BB, and CC of 40 CFR part 265; and/or 

(B) In tanks and the generator complies with the applicable requirements of subparts J, 

AA, BB, and CC of 40 CFR part 265, except §§ 265.197(c) and 265.200; and/or 

(C) In containment buildings and the generator complies with subpart DD of 40 CFR part 

265, and has placed its professional engineer certification that the building complies with 

the design standards specified in 40 CFR 265.1101 in the facility’s operating record prior 

to operation of the unit. The owner or operator must maintain the following records at the 

facility: 

(1) A written description of procedures to ensure that the F006 waste remains in the unit 

for no more than 180 days, a written description of the waste generation and management 

practices for the facility showing that they are consistent with the 180-day limit, and 

documentation that the generator is complying with the procedures; or 

(2) Documentation that the unit is emptied at least once every 180 days. 

(ii) In addition, such a generator is exempt from all the requirements in subparts G and H 

of 40 CFR part 265, except for §§ 265.111 and 265.114. 

(iii) The date upon which each period of accumulation begins is clearly marked and 

visible for inspection on each container; 

(iv) While being accumulated on-site, each container and tank is labeled or marked 

clearly with the words, ‘‘Hazardous Waste;’’ and 

(v) The generator complies with the requirements for owners or operators in subparts C 

and D in 40 CFR part 265, with 40 CFR 265.16, and with 40 CFR 268.7(a)(5). 

(h) A generator who generates 1,000 kilograms or greater of hazardous waste per 

calendar month who also generates wastewater treatment sludges from electroplating 

operations that meet the listing description for the RCRA hazardous waste code F006, 

and who must transport this waste, or offer this waste for transportation, over a distance 

of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for 

more than 90 days, but not more than 270 days without a permit or without having 

331
interim status if the generator complies with the requirements of paragraphs (g)(1) 

through (g)(4) of this section. 

(i) A generator accumulating F006 in accordance with paragraphs (g) and (h) of this 

section who accumulates F006 waste on-site for more than 180 days (or for more than 

270 days if the generator must transport this waste, or offer this waste for transportation, 

over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms 

of F006 waste on-site is an operator of a storage facility and is subject to the requirements 

of 40 CFR parts 264 and 265 and the permit requirements of 40 CFR part 270 unless the 

generator has been granted an extension to the 180-day (or 270-day if applicable) period 

or an exception to the 20,000 kilogram accumulation limit. Such extensions and 

exceptions may be granted by EPA if F006 waste must remain on-site for longer than 180 

days (or 270 days if applicable) or if more than 20,000 kilograms of F006 waste must 

remain on- site due to unforeseen, temporary, and uncontrollable circumstances. An 

extension of up to 30 days or an exception to the accumulation limit may be granted at 

the discretion of the Regional Administrator on a case-by-case basis. 

Special Requirements for Performance Track Members 

§ 262.34: Accumulation time. 

(j) A member of the Performance Track Program who generates 1000 kg or greater of 

hazardous waste per month (or one kilogram or more of acute hazardous waste) may 

accumulate hazardous waste on-site without a permit or interim status for an extended 

period of time, provided that: 

(1) The generator accumulates the hazardous waste for no more than 180 days, or for no 

more than 270 days if the generator must transport the waste (or offer the waste for 

transport) more than 200 miles from the generating facility; and 

(2) The generator first notifies the Regional Administrator and the Director of the 

authorized State in writing of its intent to begin accumulation of hazardous waste for 

extended time periods under the provisions of this section. Such advance notice must 

include: 

(i) Name and EPA ID number of the facility, and specification of when the facility will 

begin accumulation of hazardous wastes for extended periods of time in accordance with 

this section; and 

(ii) A description of the types of hazardous wastes that will be accumulated for extended 

periods of time, and the units that will be used for such extended accumulation; and 

(iii) A Statement that the facility has made all changes to its operations, procedures, 

including emergency preparedness procedures, and equipment, including equipment 

needed for emergency preparedness, that will be necessary to accommodate extended 

time periods for accumulating hazardous wastes; and 

(iv) If the generator intends to accumulate hazardous wastes on-site for up to 270 days, a 

certification that a facility that is permitted (or operating under interim status) under part 

270 of this chapter to receive these wastes is not available within 200 miles of the 

generating facility; and (3) The waste is managed in: 

(i) Containers, in accordance with the applicable requirements of subparts I, AA, BB, and 

CC of 40 CFR part 265 and 40 CFR 264.175; or 

332
(ii) Tanks, in accordance with the applicable requirements of subparts J, AA, BB, and CC 

of 40 CFR part 265, except for §§ 265.197(c) and 265.200; or 

(iii) Drip pads, in accordance with subpart W of 40 CFR part 265; or 

(iv) Containment buildings, in accordance with subpart DD of 40 CFR part 265; and 

(4) The quantity of hazardous waste that is accumulated for extended time periods at the 

facility does not exceed 30,000 kg; and 

(5) The generator maintains the following records at the facility for each unit used for 

extended accumulation times: 

(i) A written description of procedures to ensure that each waste volume remains in the 

unit for no more than 180 days (or 270 days, as applicable), a description of the waste 

generation and management practices at the facility showing that they are consistent with 

the extended accumulation time limit, and documentation that the procedures are 

complied with; or 

(ii) Documentation that the unit is emptied at least once every 180 days (or 270 days, if 

applicable); and 

(6) Each container or tank that is used for extended accumulation time periods is labeled 

or marked clearly with the words ‘‘Hazardous Waste,’’ and for each container the date 

upon which each period of accumulation begins is clearly marked and visible for 

inspection; and 

(7) The generator complies with the requirements for owners and operators in subparts C 

and D in 40 CFR part 265, with § 265.16, and with § 268.7(a)(5). In addition, such a 

generator is exempt from all the requirements in subparts G and H of part 265 of this 

chapter, except for §§ 265.111 and 265.114; and 

(8) The generator has implemented pollution prevention practices that reduce the amount 

of any hazardous substances, pollutants, or contaminants released to the environment 

prior to its recycling, treatment, or disposal; and 

(9) The generator includes the following with its Performance Track Annual Performance 

Report, which must be submitted to the Regional Administrator and the Director of the 

authorized State: 

(i) Information on the total quantity of each hazardous waste generated at the facility that 

has been managed in the previous year according to extended accumulation time periods; 

and 

(ii) Information for the previous year on the number of off-site shipments of hazardous 

wastes generated at the facility, the types and locations of destination facilities, how the 

wastes were managed at the destination facilities (e.g., recycling, treatment, storage, or 

disposal), and what changes in on-site or off-site waste management practices have 

occurred as a result of extended accumulation times or other pollution prevention 

provisions of this section; and 

(iii) Information for the previous year on any hazardous waste spills or accidents 

occurring at extended accumulation units at the facility, or during off-site transport of 

accumulated wastes; and 

(iv) If the generator intends to accumulate hazardous wastes on-site for up to 270 days, a 

certification that a facility that is permitted (or operating under interim status) under part 

270 of this chapter to receive these wastes is not available within 200 miles of the 

generating facility; and 

333
(k) If hazardous wastes must remain on-site at a Performance Track member facility for 

longer than 180 days (or 270 days, if applicable) due to unforeseen, temporary, and 

uncontrollable circumstances, an extension to the extended accumulation time period of 

up to 30 days may be granted at the discretion of the Regional Administrator on a caseby-case basis. 

(l) If a generator who is a member of the Performance Track Program withdraws from the 

Performance Track Program, or if the Regional Administrator terminates a generator’s 

membership, the generator must return to compliance with all otherwise applicable 

hazardous waste regulations as soon as possible, but no later than six months after the 

date of withdrawal or termination. 

(m) A generator who sends a shipment of hazardous waste to a designated facility with 

the understanding that the designated facility can accept and manage the waste and later 

receives that shipment back as a rejected load or residue in accordance with the manifest 

discrepancy provisions of § 264.72 or § 265.72 of this chapter may accumulate the 

returned waste on-site in accordance with paragraphs (a) and (b) or (d), (e) and (f) of this 

section, depending on the amount of hazardous waste on-site in that calendar month. 

Upon receipt of the returned shipment, the generator must: 

(1) Sign Item 18c of the manifest, if the transporter returned the shipment using the 

original manifest; or 

(2) Sign Item 20 of the manifest, if the transporter returned the shipment using a new 

manifest. 

334
Miscellaneous Resources 

Miscellaneous 

• Regulatory Status of Waste Generated by Contractors and Resident from LeadBased Paint Activities Conducted in Households (7/31/2000) 

• Co-Generator Policy And Exceptions When a Generator Is Designated By A 

Mutual Agreement Among Co-Generators

• Frequently Asked Questions on Wastes

• Generator Status of Contractors Who Remove Lead-Based Paint

• Interpretation of Generator Requirements as Applied to Various On-Site and OffSite Scenarios

Empty Containers 

• Regulatory Status of Residues Removed from Empty Containers

• Burning of Residues Remaining in Empty Containers

• Empty Containers Regulatory Status

• Policy on the Management of Rinsate from Empty Containers

• Triple Rinsing of Empty Containers

• Containers That Held Commercial Chemical Products, Definition of Empty

• Empty Container Residue Handling

• Empty Tank Cars That Contained Commercial Chemical Product

• Empty Container Rule Applied to Tanker or Vacuum Trucks

• Empty Container Regulations

• Steam-Spraying of an Empty Tank

• When Residue in an Empty Container is No Longer Regulated

• Empty Container Definition

Treatment 

• Generator Treatment in Accumulation Tanks and Containers

• Treatment in Accumulation Tanks and Containers Allowed for All Generators 

Subject to 262.34

• Frequently Asked Questions on Generator Treatment

• Generator Treatment in Accumulation Tanks and Containers

• Treatment in Accumulation Tanks and Containers Allowed for All Generators 

Subject to 262.34

• Treatment in a Generator’s 90-Day Containment Building

• Regulatory Clarification of Totally Enclosed Treatment Facility

335