..

\

VII. Sl:JBSTANTIAL EQULIVALENCE CHECKLIST

Checklist I Requirements for Interim Authorization

Checklist II Hazardous Waste Characteristics

Checklist III Hazardous Waste .Listing

Checklist IV Generators

Checklist V Transporters

Checklist VI Facilities

Appendix VB

Appendix t/--C

Appendix /1i

Appendix E

Phase II Component A Technical Standards

Phase I and Phase II Financial Responsibility

Phase II Component B

Phase II Permit Procedures
CHECKLIST #1

REQUIREMENTS FOR INTERIM AUTHORIZATION

EPA Requirements

Definition of Solid Waste

40 CFR 261. 2

State CO'le7'2.ge

Cite Comments

a)

b)

A s01id waste is any garbage, refu:e 0';" sludge*

A solid waste is any other waste

material** which

040 (78) Also see 040(77)

for sludge definition

SEE NOTE 1.

. \

··~d~ 1)

2)

3)

is discarded or being handled

prior to being ci scar-ded;

has served original intent

and is sometimes discarded;

or

is a mining or manufacturing

by-product and is sometimes

discarded.***

040 (99)

040 (99)

040 (99)

*See 40 CFR 260.10(a)(63) for definitions of sludge

**See 40 CFR 261.2(b) for explanation of c:her waste material

e

***See 40 CFR 261.2(i) for definitions of discarded and mining

or manufacturing by product

. -"",

<:»

NOTE 1. The state definition does not include the

"other waste material" as defined by EPA.

and sections used in the state regualtion

as the EPA regulations .

3.1-5

specific language of

However, other definitions

captures this same intent
."':'.\

,-

EPA Requirements

State Coverage

Cite Ccmments

Def~nition of Hazardous Waste

40 CFR 261. 3

-, a J. A solid waste is a haza~cous waste

if i t :

1) is not excluded and

2) is listed or is a mixture

containing a listed waste; or

071

070 (3), 081

082, 084

{

t a t e regulations

set forth exclus ions in this

section

3) meets characteristics 070 (3)

b) A solid waste becomes a hazardous '....as te when:

1)

2)

3)

:t first meets the l~sting

description;

when it fi rst conta ins a

listed waste; or

when i t first exhi bits cha racteristics

070(3) (a),

070 (3) (b)

070 (3) (d) ,

081, 082

070 (3) (e) ,

090

These regulations

describe the

correct orde r

for designation.

They achieve

the same effect

as EPA regulations

A solid waste is not a hazardous

waste if:

1) a hazardous wast e r ema ins a

hazardous waste and

Unless paragraph (d) bel ow applies:

No comparable specific

regulations corresponding

to the EPA concept. But

residues are subject to

the designation process

because of Scope of State

Criteria. Most residues

with any significant concentrations would most

likely be designated.

Those that would not be

captured would in all

likelyhood qualify under'

delisting anyway

070 (6) it does not exhibit characteristics; or

1)

2) any so 1i d waste generated

from treatment storage or

di sposal of hazardous waste

is a hazardous waste.

d)

c)

2) it has

listed

been

wastes

delisted (for

or mi xtures),

070 (6)

3.1-6
. r""\

. .

r

EPA Requirements

Exclusions

Sect ion 261. 4

State Coverage

Cite Comments

SEE NOTE 2

1. Domesti: sewage. 071(3) (a)

2. Industrial

fated as

discharges regupoint sources.

071(3) (b)

3.

4.

5.

o.

Irrigation retur~ flews.

Speci a1 nuc1ear source or

by-product materials under

Atcmi c Energy Act of 1954.

In-situ mining waste.

OverJurden returned to mines.

070 (3) (k)

071(3) (c)

071(3) (1)

071 (3) (m)

7. Household waste

res i dua1 waste and

material from

garbage or refuse.

including

recovered

recycling

071(3) (d)

8. Agricultural wastes (crops,

silviculture crops, and

manures) returned to soil.

071 (3) (e)

9.

10.

Utility wastes U1y

bottom ~sh, etc.)

Drilling muds and oils

ash, 071(4) (b)}

071(4) (a)

Temporary two

year exclusion.

Washington State

will be more

stringent

NOTE 2. State regulations -071 inc1Qde three additional exceptions (beyond

those provided by EPA regua1tions) which are: waste tires, roofing

tars and shingles, and waste railroad ties. The reason for the

exclusion is that these wastes were inadvertently designated under

the state's "criteria" (polycyclic aromatic hydrocarbon). It would

be very unlikely that these categories would exhibit any EPA. criteria.

3.1-7
1- ---------- -

I 1"':"-...\

i" .. .I .:~

EPA Requirements

Special Reauirements for Hazardous

Waste Generated bv Small Quantitv

Generators

Section 261.5

State Coverage

Cite Comments

1. Genera 1 exempt i on for generators of less than 1000 kilograms of hazardous waste per

month.

081(2) (a) (Li)

082

090 (4)

State quantity

exclusion limit

is 182 Kg/month.

State is more

stringent

2. Specific exemptions for gen·

erators of:

a.

b.

e.

Less tha~ one kilogram

per month cf any commercial product listed in

261.33(e);

Less than one kilogram

per month of any offspecification commercia1

chemical product listed

in 261.33(e);

COFltaiAer! ideilti ried iii

261.33(e) less than 20

liters in capaeity,

081(2) (a) (i)

081(2) (a) (L)

Federal Change

.';~'I

.:;.~~:~.

d. Le!s tAan ~f i nn@r

containers

261. 33(c);

10 _ki 169 i aills

liner'S fpefll

listed t n

Federal Change

e. Less than 100 ki l cqr ams

of residue or contaminated so i 1, water or

other debris from cleanup of a spill of any

commercial product or

manufacturing Chemical

intermediate listed in

251.33(e);

3.1-8

081(2) (a) (iii)
,.-..

EPA Requirements

State Coverage

Cite Comments

3. Specific exemptions for all

tr.o se wastes 1isted in 1 and

2 above even when mixed with

non-hazardous west es resul ti ng ina mi xtur e exce'2di ng

the quan t i ty 1i ~i t at ions

noted abOV2.

0'81 (3) ,

082,

084

Special Reauirement fJr Hazardous

Waste Which is Used, Re-used, Recycled

or Reclaimed

Sect ion 251. 6

1"- •. ,\

~~

",

1.

.,

,-,

3.

Specific exemption for hazerdous waste whi ch is beneficially used or r2used or

legitimetely recyc l eo or

reclaimed.

Specifi c exemption fo r hazardous waste accumulated,

stored or physically, chemically or biologically treated

prior to beneficial use or

re-use or legitimate recycling or reclamation.

Hazardous wastes which are

sludges or are listed in or

contain wastes listed in

Subpart 0 and are transported

or s:ored prior to U3e, reuse

or recycling are subject to

requirements in 261.6(b).

3.1-9

l20(2)(a)

l20(2)(b)

120 (3)

Exemption applies

only to wastes

which only meet the

characteristics of 090
EPA Chara:~er~stic

Corros i vi L'

.-. .) _.".. ,.-...

CHECKLIST 2

Hazardous Waste Characteristics

State

Character1s:ic

Yes/No/Unknown

State

Cite Comment

1.

2.

Aqueous

pH-2, pH-12.5

DH meter, using IIMethods

for Cl2mical Analysis of

Water ana ',.,'astewater"

(current eGition)

~iquid: Corrosion

corrodes SAE 1020 Steel

>0.25 ~nch/year

NACE Standard TM-Ol.69

Yes

Yes

Yes

Yes

Yes

Yes

090(6)(a)(i)

090(6) (a) (L)

090(6)(a)(ii)

090(6)(a)(ii)

090 (6) (a) (Lf.)

090(6)(a)(ii)

SEE NOTE 3

;~."",;

<;~j/

NOTE 3. Corrosivity test procedures are identical to EPA

3.1-10
CHECKLIST 2

Hazardous Waste Characteristics

EPA Charccteris:ic

State

Characteristic

Yes/No/l!nknown

State

Cite Comment

Reactivitv SEE NOTE 4

1. normally unstable Yes 090 (7) (a) (i)

reacts with water Yes 090(7) (a) (Lf.)

ferms explosives wi til Yes 090(7) (a) (iii)

water

toxic gases with water Yes 090 (7) (a) (Lv)

''--, cyanide or sulfide that Yes 090 (7) (a) (v)

:6:J forms toxic gases bet'I'Ieen

pH 2 - 12.5

2. Oetonati~n or explosive Yes 090 (7) (a) (vi)

reaction by initiation

3. Qetonation or explosive Yes 090 (7) (a) (vii)

reaction at STP

4. Forbidden explosive Yes 090(7) (a) (viii)

49 CFR 173.58

Class A explosive Yes 090 (7) (a) (viii)

49 CFR 173.53

Class 8 explosive Yes 090(7) (a) (viii)

49 eFR 173.58

NOTE 4. Reactivity test procedures are identical to EPA.

~I

3.1-11
CHECKLIST 2

Hazardous Waste Character~stics

EPA Cnaracteristic

Toxicity ~~)

based on EPA Extraction

Procedures

o pH at 5.0 + 0.2.

o Sample P;eparation

(grinding 9.5 mm Sieve)

or Struct:...ral Integrity'

Prccedure

Sta t e

Characteristic

Yes/No/Unknown

Yes

State

Cite

090(8)(a)

Comment

SEE NOTE 5

o Agitation

o 20 Foid liquid to solid ratio

o 24 hour contact time

o Temperat~re 20-40 oC

o EPA analytical methods for

metals and pesticides

baseo on IPOWS (iDa fold

dilation)

o Arsenic (S.O) mg/l

o Barium (iOO.O) mg/l

o Cadmium (1.0) mg/l

o Chromium (5.0) mg/l

Yes 090(8) (c)

NOTE 5. Toxicity test procedures are identical to EPA with one minor

change. The state method incorporates a buffered solution

instead of a continuous pH monitoring requirement.

3.1-12
"--'"

CHECKLIST 2

Hazardous Waste Characteristics

EPA Characteristic

o Lea~ (5.0) ~g!l

o Merc~ry (0.2) mg/l

0 Selinium (1. 0) mg/l

0 Si 1':er (5.0) I11g/1

0 Endiin (0.02) mg/l

0 Lindane ,ur r. ....'" J mg/l

0 Metnexychlor (10.0) mg/l

o· Toxaphe:1e (0.5) ~g/l

c 2,4 0 (10.0) mg/:

o 2,4,5 TP-Silvex (1.0) mg/l

r" »;

3.1-13

State

Characteristic

Yes/No/Unk:1own

State

Cite Comment
CIIECKLlSl 2

lIazardous Waste Characteristics

2, Not a liquid

EPA Characteristics from

40 CFR S~bpart C

Ignitab i 1ity

1. liquid

fl ashpoi nt 60°C

Pensky-Mill'tens closed

cup tester, ASTM Standard 0-93-72

or

- Setaflash closed Clip

tester, ASTM .......

-4:>0

State Characteristic ___(~i f any-:....) _

Identify Alternative

State Regulatory control

over wastes with such

charac t er i s tics

(cite and attach

regulations)__

WAC 173-303

SEE NOTE 6

090(5)

Comment (Major

differences between

Federal and State

coverage

.J

can cause fire under

SIP through friction,

abs orp t i on of mo i sture

or' spontaneous chem ical chanues, and when

ignited bUnlS so viuorously and persistently

3. Compressed Gas

ignitable hy '19 CFR

173.300

4. Oxidizer

defined by 40 CFR

173.151

C") \ " ~: x.: .!

NOTE 6. Ignitability test procedure are

identical to EPA.

:' )

)
( CIIECt?<. 'SI 3 \i.~/ .

Hazaruous .Wasle l i s t i nq

Nun- Spec if i c Sour-ces (41) CF!( 261.:n)

.J

w

.......

I

.......

1TI

Column 1

List wastes from

40 CF I~ 261. 31 1isted in

Slate regulation"

Column 2

List wastes from

40 eFR 261.31 not listed

in Slate requlation* _

For each was t.e in C01UIlIIl 2

i dent i fy a I t e rna t ive

State re!llllatory control

.D:.~_~~_and a ttach r(}.~! ~~_jY~01

COllllllent

(Illajor differences

be tween Federa l

alld State coverage)

:, , )

All listed non-specific sources covered by EPA, as published by the Bureau of National Affairs

July 7, 1981, are covered by state regulation in WAC 173-303-99~ (Dangerous Waste Sources List).

*Can use- was te numbers or groups of numbers

;,: )-
~~~------+-

I

I,

CIIECKLISI 3

Hazardous Wasle l.i s t i nq

Specific Sources (40 eFn 2(;1.32)

Collll1ln 1

list [wasles from

'10 CH 2() 1. 31 1i s t edi n

Stal~ reuulaliQ~ _

w

l-'

I

l-'

0\

Co Iumn 2

[lsI wastes f rom

'10 eFn 261. 3 L nut 1i sled

in' Sl. a te r eU1I !·i.lE.l __o_"_*__

For each witste in Columll L

identifyaltel'llittive

St a t.e r equ l at.o ry control

il~l.!' and_ a ttach I'~oui ilJ:l~15 2

Continent

(major differences

between Federa 1

<:Ind State coverane)

)

, All listed specific sources covered by EPA, as published by the Bureau of National Affairs

July .7, 1981, are covered by state regulation in WAC 173-303-9904 (Dangerous Waste Sources

Lis t) .

)

*Can use was te numbers 01' qroups of numhers

I C.:. ([j )
('

\ CII[C~)Sl 3 ' "10;" -» 1

Hazarilous Waste Li s t i uq

Discarded Chemical Pruduc t s (40 un 2G1.33)

'j

I

w

I

.......

Column 1

List wastes from

40 CFR 261. 31 1i sted in

SLat e re gll...:...l.::.a...:...t...:...i<...:...1I...:...'* _

Column 2

List wastes from

40 CFR 261.31 not listed

_in State regll 1~!iQ~

For each waste in Column 2

identify alternative

St.a t.e r'cgllialory control

(ci-!-e and attach refJll~,t.:ioll~2

COlllment

(ma jor di ffcrcnces

be tween Federal

<.IIIel State coverage)

" ),

All listed discarded chemical products covered by EPA, as published by the Bureau of National Affairs

July 7, 1981; are covered by state regulation in WAC 173-303-9903 (Discarded Chemical Products List).

)

*Can use waste numbers or groups of numbers
.r--,

CHAPTER 3.2

SUBSTANT:AL EQUIVALENCE--Section 3002 RC~A

.Ir.:roduction

//

./

Federal regulations at 40 CFR 123.128 conta i n t:Je r ecu i r ement s .wllich

State"'-,.programs must meet in order to receive interim authorization (Phase

I). nN.s chapter presents these State Program Requi rements ce rt a i ni ng to

Section j002 of RCRA and provides a checkl i st for review of State program

elements against t he requirements. States are acv i sec t o look broadly to

their aut nor'i.t i es in order to demonstrate that tr.e i r ove r al l programs meet

the requiremen~s. -,

The regulat'j'on provides that where a State does root have legislative

authority or reglu'~tory contr ol over certain activitieswhich do not occur

in the State, the State can receive interim authorization. This provision

is conditional in that the State's authorization plan must provide for the

development of a comDl~te program as soon as practicable after the granting

of inte~im author~zatio~.

The cneck l i st in t his chapter focuses on Section 123.:2S(b), "Requi r ements fer generators of haz a rcous waste ll , of the ;",egulations. The re;Julations allow flexibility i1 the manner or approach States employ in meeting

the requirements. While some provisions of 123.128(b) are self-evident,

others raqu i re interpretation. '. For purposes of interim authorization determinations, the checkl i st serves. to describe the mi ni mum State Program Requirements against which the ove~~11 Sta~e program is to be assessed, thereby aefirir.g State programs "suost anti a l ly equivalent" to the Fade r al program

pertaining to generators of hazardo~~ waste.

Section 123.128(d) of the Federal regulation provides 1imited exceptions from the State Program Requireme~ts in the case of States which do not

have statutory or regul atory authori ty. for the mani fest system or other

generator or transporter requirements or'.Sections 123.128(b) and (c). In

this case, the State may be granted interim",authorization if: ",

1. the State meets all other requireme(1ts for interim authorization; and

2. the State's authorizaticn plan delineates the necessary steps

for obtai~ing the necessary statutory or regulatory authority

by the end of the interim authorization period.

Unti 1 the State manifest system and other generator and""trans;:lorter rerequirements are approved by EPA, all Federal r equ i r-ements vf or generators

and transporters (including use of the Federal manifest system~ will apply.

-,

3.2-1
I

i

,

I

Fedeiral Cite

(40 !cn~ ]23)

!

I

.128(1))(2)

. 12q(b)(l) &

.128(1))(6)

GENEHJ\TOHS

la t~ Pr09!~~.Bequ i r:em~r~!

1. GENE HAL

1.1 All uenerators of hazardous wasle controlled by

the Slate mus t be covered by the proqram. (See

previous chapter of this manual) .

1.2 Pr-ovi de system whereby qenerat.o r s mus t receive

EPA identification numbers prior to treating,

s tori ng. di spo s i nq , t rauspo r t i ng. or' offeri n9 to

l ransport ,

State

Cover'a~ ---

170

170 (3) and

060

Reviewers

Comments

)

1f the State exempts f arme r s f rum control. the

exempt i on mus t be cond it'iOiled in accordance wi t h

lhe Federal exemptiun at. '10 un 262.~],

Require that ucnerators not offer' haz ardous waste

La t.ransport e r s 01' to t re a t.ment , storage. or

disposal facilities which have nu l, receiveed EPA

W i dant.i f ic a t i on number's.

N

I

N

i

.120(1))(6) & (7) I

.120(e)(7)

i

i

I

I

.128(b)(2)

I . 128(b)(6) I

I

I

1.3

1.4

2,

2.1

MANIFEST

Gene r a t.ors who

otf-site must

syst em.

Lr-anspo r t vo r u f fer t o r t ranspor t

be required to use ii manifest.

060

160(2)

180

If farmers

triple raise

their containeJ

than they are

not regulated.

WDOE is more

stringent. '),

( ':

2. r. 1

2.1. 2

Manifest system must ensur-e that inter- and

i n t r as t a t,e shipments al"(~ de s i qna t.e d for' delivery

ou l y to facililies aut.hor i zeu t.o op e ra l.e under' <III

approved 5 Lat.e proqram or the rl=tll'l'u I pr'ogralll.

Manifest system must ens ure lhatilltl'i.lsldte shipments are de l i ve rcrl ou ly to faci I i t i e s authorized

by the State to operale.

C').

180

180

)
,

\

Federal Cite

(40 CFR 123)

,l28(b)( 7)( i)

,,"',"',

(

't'" \ -/', . <,;,'

State Pr.Q,gr'am Reflui r'cment

2,2 Manifest empl oycd mus t identify the generator,

transporter', de s i qna t.ed delivery po i nt , and the

hazardous waste be inq t r anspor Led .

State

Covcr.-:!.g~

180 (1)

1

..,.I

Reviewers

Comments

.128(b)(7)( i i) 2.3 Must requ ire tha t

was te offered for

need no t app 1y 'to

described in 40

263.20(e).

the man i I est accompany all

transport. '1I1i 5 requi rement

shipments by rail or water

CFR 262.23(c) and 40 CfR

180

W

N

I

W

.128(b)(7)(iii)

.120(b)(O)

2.4 Manifest sys t em must provide that unde l j ve r ed

shipments are:

(a) identified independently by the State in

which the shipment o r i u i na t.ed ; 01'

(b) i dent i fi ed by the qene r a tor and ruport ed to

the State in which the sh ipmeut ori q i nat.ert.

2.5 In the case of an i nt.ers t ate shipment fOI' which

the man i fes t has not been re turned \-/ i t.hi n 45 days

of accept.ance by Lhe i i n i t i a l t ranspo r Ler , provide

for notification to (1) the State in which the

manifest-designated fac i l i ty i i s luca t.ed and (2)

the State in which the s h i pment. may have been

del i ve red , III t.he case of unaut.ho r i ze d States,

notification is to be d i rec t.ed to EPI\.

220(2)(c)

220(2)

No equivalent

section in sta

regulations

"

J

. 128(b)(4) 3 . SIIOln- HIH1 ACCUf1ULI\T JON

3. I Gene r-at o r s who acr umul a tu ha zardous waste for'

shor-t pe r i ods of time pri or to sh ipmen t must be

r equ i red to do so ina IIld nne r lIlill doe 5 no t

pr-es ent a haz ard to hUIIlJIl Ilea 1th 01' the env i ronmen t.

200
~~~~ .~----+ ~~-~~ -----~-_.. _ .. ~- _ ..- , .'-" ._----~~-~------

felleral Cite

('10' CFI~ 123) Stale ProHram Re9~!.!·em~lt

Slilte

~(~"~!:~19~

Heviewers

Comments

. 128(b)(5)

I

4. INTEHNl\l IOtll\L SlIlPMENl S 230 (2) Special condition

4.1. Importers of haz aruous was t.e s IIIUSt. be required to

meel the State's manifest requi r emcut.s .

4.2 Mani fest must i dent i ty till! i mpor t.e r as the "qenor-ator" and include the importer ' s EPf\ identification number.

4.3 Exporters of hazardous wastes milst. he requ i red to

meet the State's manifest rnqu i remeut.s .

230 (2)

230 (2)

230 (1)

w

N

I

+:0

I . 128(b)(J)

(

'-

'1.'1

"." ,J

4.6

5 .

~.l

Manifesl mus L identify the name and address of

the foreign consignee for expo r t.ed was t.es .

Must provide for confirmation of del i very by the

f o re i qn cous i qne c fOI' exported was t.e s . Cout i nnalion may be d i rect.ed to either' the qene ra t o r 0"

t.he Stale.

Must provide for noti f i ca ti on to [I'i\ in those

cases where confirmation by the fur e i qn consignee

for exported wastes is not r er.ei vert witllin 90

days of accep Lance 0 f the Wit te by lhe in i ti i1 I

t.ranspur t.e r . [NOH: Advance notification of

i ut.e rna t i oua l s h ipmeut is n~qllir'('d hy §262.!jO

(1Ij(l) to IJe Ii led with t.lu: I\dfllinlslr'atOI'. This

control measure wi 11 not be del<'!FIt.pd to St.at.e s ,

and there is no State Proqram Requ i remen t in tid s

\'t'yanl] .

HECOIWKEFP ING/HEPOln I NG

Gene rat.o r s must be rcqu i r ed to r e t a i n copies of

all man i tests for at least 3 YCdl'5 f rom the date

of acceptance of the wasle by the initial transporter.

':,

,

230 (1) (a)

230(1) (a)

230(1)(a)

210(1)

EPA require-:-

ments are

incorporated

by reference

')
W

N

I

1TI

(

federal Cite

(40 cr~ 123)

~~~. .' I;;;'.· J

~.~"

State Proyram neqllireme,~~

5.2 If the Slate requ i re s qeue ra to r s to submit reports to enab le the State to me e t its Federal

reporti nq rnqu i rements , the UCfler,llol'S must be

r equ i r-ed to re t a i n copies of the r epo r t s for at

least 3 years.

5.3 Records associated with undelivered shipments

must be required to be retained for at, least 3

years.

5.4 The pr'oqram must pr-ov i de for extension of the

required period of recor-d re t.ent i on during the

course 0 f unre s o i ved enf'orcemeut action regardi n~1

the regulated activity.

Stat.e

CO~Y!~!l~

210\2)

210 (2)

210(4)

...\

".~ ,)

HeviewC!rs

Cummeut s

. )

)
,..---, • I

.- - .. . :~

.~~

·--..

CHAPTER 3.3

SUBSTANTIAL EQUIVALENCE--Sectio~ 3003 RCRA

Inti"od'Jction

\

\: Federal regulations at 40 erR 123.128 contain the requi:--ements which

State, proqr ans must me e t in order to receive i nt e r im aut.nc r i z ati on (Phase

I). '1.hi s chap t e r presents these State Program Requ i rements pe r t a i ni ng to

Section\ 3003 of RCRA and provide:s a checkl ist for review of'State program

e Iementsvaqa i ns t the requirements. States are advised to look broadly to

their autfrorities in order to demonstrate t ha t 'their overall p rccr ams meet

the requirements.

The regula,tion provides that where a State does not hsve legislative

authority or regluatory control over certain activitieswnich do not occur

in the State, th~,State can receive interim autt.or-i zati on. This provision

is conditional in \t'at tne State's authorization ,pian must provide for the

development of a 'corr.JlJe:e program as soon as practi cab l e after the gnnting

of i nteri m authori zat i~: / '

The checklist in th;"'~_chapter focuses 6'n Section 123.J.23(c), "Requi rements for transporters of h~·Z,.ardous vast e ". or the regulations. The regulations a l i ov flexibility in ttl,\ manner or app r oacr. States empl cy i n me e t i nq

the requirements. While some -,.prov i s i ons of l23.128(c) s r e sei~--:vident,

others require interpretation. For purposes of interi~ aut~orization deter-,

minations, the checklist serves t~ describe the minimum State Program Requirements against which the overa11·~tate program is to ~e assessed, thereby je~i~in~ State p"ograms "~utstantia''Nj equi va l ent " to the Fede r s l pr-ccr am

pe;ta1n1ng to transporters or hazardous ~ste .

-,-,

Section 123.128(d) of the Federal \"eg~ation provides limited exceptions from the State Program Reauirements in t~ case of States wnich do not

have statutory or regulatory authority ~or tRe, mani fest system or other

generator or transporter requiremerts of Section's, 123.128(1:) and (c). !n

this case, the State may be granted interim authorization if:

1. the State meets all other requirements fer 'i.nterim authorizaticn; snd -,

2. the Statels authorization plan delineates the ~ece~sary steps

for obtaining the neces3ary statutory or re;ulatory :ut~ority

by the end of the interim authorization period.

unt i 1 the State man; fest system and other generator and transporter rerequ i rements are approved by C:P,!l" all Federa 1 requi rements for generators

and transporters (including use of the Federal manifest system) will apply.

3.3-1
Federal Cite

(40 CfR 123)

.128(c)(2)

T1U\NSI'OH fLHS

~tat~_.rrogri\1Il Requirellle~~

1. GFNFIV\L

1.1 Mils t cover all t ranspcrte rs of ha zardous was te

controlled by State .

State

C0~.~ I",:~!.l.l.:.

240 thru 270

Reviewers

Co111111 e'I ts

. 128(c)(3)

I

2. RECOROKEEPING/REPOR1'ING

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. 128( c)( 4 )

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,120(c)(5) I

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I

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2.1 Tr-ansporte r s must he requi red to keep copies of

signed manifests or shipping papers for at least

three years.

2.2 If the State requires transporters to submit

repo r t s to enable the State to meet..... its Fede ra l " trQ.(\Sl·rTrr

repur t t nq requ lremeu t s , the Y\,ln~ -lb~H:S must be

required to retain copies of the J'f~ports for at

least 3 year's.

2.3 The proqr am must provide for extension of the

required pe r i orl of record retention during the

course of unre sol ved enforcement ac t i on regardi ng

the r equ l a ted activity.

3. MI\NIFEST

3.1 Transpor-t.e r s milst he requi red to use a mani f e s t

sys tem.

3.1.1 Mani fest system must ensur-e that i nt.e r r and

intrastate shipments eire de si qna t.cd fOI' de l l ve ry

only lo facilities aut.ho r i zed t.o opel'ale unde r an

appr-oved Sta te PI'OYI'lIl1l or' the r elkl'a 1 prnqr am.

3.2 Must r e qu i r e that. t r anspor-te r s cur-ry the manifest

with all shipments. Thi s r equ i r ement. need ,not

apply to shipments by ra i l or' water described in

40 CFR 262.20(e).

I"::':.... t~~~.~/

260 (1)

260 (1)

260(4)

250 (1)

250(1)

250 (8)

./).

l,t.

)

)

-'
(

Federal Cit.e

('10 ern 123l

~.p:,.

~~~,I

Stale Progl'iJm Requ i rement

Stale

Covf.:Tauc

" )

Rev i ewer s

Continents

.120(c)(6) 'I. OISCIIARGES IN TRI\NSIT

'1.1 Mus t r-equ i re transporters to notify appropri ate

State, local, anti Federal aqenc i e s ,

'1.2 Must r equ i re transporters to clean-up the wastes

or take action so that the wastes do not present.

a hazar-d to human health or the envi ronment.

'1.3 Provide that appropriate officials may authorize

removal of waste without lise of a manifest.

270(1)

270 (3)

270 (1)

270 (2)

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'1.4

5.

Provide for immediate notice to

Re spons e Center and for reports

DOT. [See 49 CFR 171.15]

EPA IDENTIFICATION NUMnER

the National

in writing to

270 (3) (a)

.126(b)(1) 5. l Transporters may not transport hazardous waste

without an EPI\ 1.0. number which will be obtaineLl

t.hrouqh p rocedurns es tab 1i shed in the Memorandum

of I\HI'ccment.

240(1)

"/
( .:' FI\~~'.")rlr[S ~i<, ,)

Federal Cite

«(0 CFR 123)

.128.(e)

.128, (eHI)

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w .128. (e)(2)

State Pr:~.9r'am I{equi rement

1. 0 GfNEIV\L

All TSI) facilities in "exi st euce" pursuant to

ReHA Section 3005(e) must comply with requirements substantially equivalent to the following:

2.0 PREPAREONESS AND PREVENTION

2.1 Pursuant to 265.30-265.37, facilities must

be maintained and operated for preparedness

for and prevention of releases of hazardous

wastes controlled by the St.ille.

2.2 Facilities must have contingency plans and

emer qeucy pr-ocedur-es to be fo 11owed in the

event of a release of ha zaruous waste.

3.0 CLOSURE AND POST-CLOSURE

State

Cov.~ra!1~

280 thru 395

340(1)

340(2)

Reviewers

COllllllents

)

3.1 The owner or operator must close his facil ity in a manner' that:

(a) minimizes the need for' f uture maint.enancu , and

(b ) controls, . minimizes, or eliminates

post-closure' escape of he zardous waste.

3.2 The owner: or ope ra tor' must have a wr i lten

closure plan on the e f t ec t i ve dale of Part

265.

3.3 The closure plan 11I11slinclude:*

(a) A description of how and when the facility will be partially closed, if applicable, and ultimately closed,

400(3)(a) Incorporated

EPA interim

status

standards

supports F

thru R by •

ference including the

federal change:

thru July 7t

1981.
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State Pro!Jram Requircllle.!!~

(I» An estimate of the max imum inventory of

wastes in storage or t re a tment at any

given time.

(c) Steps to decontaminate t ac i li ty equipment.

(d) A schedule for final c losurc which must

include, as a minimum:

(1) anticipated dHtes when wastes will

no longer be received

(ii) anticipated date for completion of

final closure

(iii) j nt.e rveu i nq milestone dates

3.4 Closure IIIUSt be j n i t i at.ed within 90 days

after receiving the f i na l volume of hazardous wastes.'/<

3.5 The owner or ope rator must complete closure

activities within six months after receiving

the final volume of wastes.*

3.6 ~2(i!i.ll'1 Upon completion of cl osure , all

equipment and s t ruc tur-e s IIIUSt be properly

disposed of or decontaminated.

3.7 §265.115 The owner or ope r ator and an independent registered professional engineer

lIlUS t cert i fy that the tile iii ty has been

closed in acconlance with the approved

C105ul'e p l an ,

3;8 Post closure care must consist of at least:*

(a) Groundwater monitoring

State

Coverau~

kev i ewcrs

Comments

)

/",

f. }

."

(b) Maintenance of the

':(",

\~.: }

contaminant system

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Federal Cite

('10 erR 123)

.128. (e)(3)

.'", V')

'~:'.'

State Program Req~ellien~

::L 9 The owner or operator must have a postclosure plan un the e t f cc t ive date of Part

2G5 and it must illclude:*

(a) Groundwat.e r moni t.ori nq activities and

frequency.

(b) Maintenance activities and frequencies

to ensure:

(i) the inteqri ty of the cap. final

cover'. or' other containment st ruct ure s , and

(f i ) functions of lhe f aci l i ty vs monit ori nq equipment.

3.10 Within 90 days after c l osure , the owner or

operator' must submi t a survey plat. of the

facility. *

3.11 lhe owner or operator must r-ecor-d a notice

on the deed that the Iand has heen used to

manage hazardous waste.

4.0 GROUNDWATER MONITORING - ,-

State

Co~~~~

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Reviewers

COllllfwnts

)

)

4.1 Owner or operalor must impl cment a groundwater moni Lori nq . pr-oqram c apab l e of determining the f ac i l i ty t s impact all the quality

of the upper aquifer within onr- yea" of the

effective dale of 265.90.

4.2 The owner' and ope rat.or must i ns t a l l , operate. and maintain a groundwaLer- monitoring

system which meets the requirements of

§2G5.9l-265.9'1.*

400(3)(a) Incorporate

EPA by

reference

400(3) (a)
Federa 1 Cite

(40 CFR 1231 I

. X28. (e)(4)

State Program Requi relllel~~

'1.3 1\11 of the qroundwater mon i t.or i nq requirements may be waived if the owner or operator

can demons t ra t.e that there is a low potential f or mi qrat i on of haz artlous waste constituents f rom the facility v i a the uppe rmost aquifer below the f ac i l i ty to wat.er

supp Iy we 11 s or to sudecc Wetter',

5,0 SECURITY 10 PREVENT UNKNOWING I\ND UNAUTHORIZED

'illillTO lilE FACILITY --

State

Covel~~

400(3) (a)

neviewers

Comment s

Incorporate

EPA by

reference

)

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5.1 The owner or operator mus t prevent the unknowi nq entry and minimize the possibility

for unauthorized entry unless:

(a) physical contact with t.he wi\~te. s tructure s , or equipment will no L be i njur ious

(b) disturbance of the waste or equipment

will not violate the requirements of

Part 2G5.

310

310(1)(a)

310)(1) (b)

(

5.2 Unless exempt under 5.1(a) 01' 5.1(b) I a

facility 11Iu~t hdve:*

(a) a 2'1-110111' surve i l l ance sy s Lem

(b) an artificial 01' n.it.ura l ha r r i e r which

completely surr-ounds the active portion

of the fdcil ity

(c) a means to control entry

(d) a sign warning of the danger' of intruding into the facility

::.: .

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310(2) ..

310(2)(b)

310 (2) (c)

310(2)(c)

310(2) (a)

/

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C,';

Feder-al Cite

iilO UR 123)

. 128. ( e )( 5 )

.128. (e)(G)

6'.

~L)

State PJ'ogJ'am Requ i rement

6.0 FACILITY PERSONNEL TIMININ(i

G.] Facilit.y pe r sonne l must successfully complete a proqr am of classroom instruction or

on-the-job training that teaches them to

pe r f orm their' dut i esi n a way that ensures

the f ae i 1i ty I scampi i ance wi th the requi rements ~f Part 265.

6.2 The training program must be completed

within six months of the effective date of

Part 265.*

6.3 Tilere must be an annual review of the initial training in 6.1 above.'/(

G.4 The owner' or ope ra to r must maintain records

of training.>\:

6.5 Tre in inq records on current personnel must

be kept until c l osure of t.he facility.*

7.0 INSPECnON, HONITORING, RECOHDKEEPING, and

REPORTING. -

7. L l he owner' or' upe r a tur must inspec t the

facility for malfunctions and dl~terioratlon,

operator errors, or' d i s charqe s whi eh may be

causing or' lead to:

State

CoveJ'au~

330

330 (l)(c)

330(1)(b)

330(2)(c)

330 (3)

320 (1)

.', )"" "'... .

Reviewer's

Cumments

j

(a) release of hazardous wa~;t(~ constituents 320(1)

to the env ironment or'

(b) a threat to humiln health 320(1)

7.2 The owner or operator' must develop .and 320(2)

fa llow a schedule and plan for inspections.
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federal Cite

CrR ]23)

(

,. :....

.'

State _Pr0!Jr'am Requ i rement

7.3 The owner or operator' must take remedial

action upon the delection of malfunction or

the ue teri ora t ion of equipment and structures when a haz ar-d is imminent.

7.'1 fhe owner or ope r a t.or must record inspections in an in5pection log and must keep the

records for at least three years from the

date of inspect i OIl. )I(

7.5 The owner or operator must keep a written

opera t i ng recor-d a t the f aci I i ty whi ch meets

the requiremp.nts of §265,73(h).i<

7.6 All records must be furnished upon request

and available at all times for inspection by

EPA.

'l . 7 A copy 0 f records of vaste di spos a 1 locations and quantities mus t be submitted to

the Director and the local \<~nd authority

upon c l o sure of t.hp. facility.*

7.8 The owner or operator must submit an annual

report to the Director in ClOtlllpIi ance with

the r equ i r emcnts (If §26~). 75. *

"1.9 The receipt of any unulilllih;:>.ted waste must

be r-epor-t e d to the Direclor.

7.10 The owne r or opc r a to r mus t subm i l a repor-t

to th~iDir'ector' if any of tile following

occur':

(a) rel e as e s

(ll) fires

(c) explosions

(d) groundwater contamination

(e) facility closure

.~~ . f ,~'

\ 1 • " ',..

State

~ov.':r'ilu.,::

320 (3)

320(2)(d)

380(1)

380 (3) (a)

380 (3) (c)

390(2)

390 (1)

390 (3)

Reviewers

Comments

. )- '.....
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Federal Cite

(JlO CFR 123)

.128. (e)(7)

. 128.(e)(8)

/1.' , ('J' .

1(-: '../

State Program Requirement

8.0 MANIFEST SYSTEM**

8.1 If a faci 1ity receives haz ardous waste

accompanied by a mani f e s t , the owner or

ope ra t.or must meel tilt, requ i r ements of

§265. 71 a(I)-(5).~

8.2 If a facility receives, from a rail or water

transporter", hazardous .was le whi ell is accompan i ed by a sh i ppi ng paper, the owner or

operator mus t meet the requi rements of

§265. 71. *-

0.3 Upon discovery of a significant manifest

discrepancy, the owner or operator must

attempt. to reconc i l e lhe di s cr'epancy with

the was le nener'a tor or transporter,

8.4 If a s i qn i r i cant mani t e s t d i s cr-epancy is not

r e s o1ved, the owner or opera tor must not ify . ++

the 01 rector' .

9.0 OHlER fACILITY STANDARDS

9.1 EPA Identificat.ion Numher

[very t ac i lily owne r or ope r at.o r must apply

for an EPA identification numbe r."

9.2 Required Notices

State

~overa!l~

370 (2)

370 (3)

370 (4)

370(4) (b)

280 (3)

;, .)

Heviewers

Couunents

)

Throughout

the reguJ "1-

tion thi 18

called an

EPA/State

ID number

Ca) The facility owner or ope r ato r must

notify the Dit'ect.or atl(~i1sl f our weeks

in advance of r.rfeipt of vas t.e s from a

foreign source,*-

290 (1) Incorporate

EPA by

reference

(b) Be fore transf e r r iuq owne r sh ir or operation' of it f ac i 1i ty, the faci 1ity' s owner

,01' operator must no t i fy the new owner or

operator of' the requ i rements of 40 CFR

265 and 122."

290(2)
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Federal Cite

(40 eFR 123) Stale Pr'ogram Re~Jui rem~nt

9.3 Gene r a l Wdsle Ana_!ysis

Bef or'e t reat.i nq , s tor i nq , or d isposi nq of

hazardous wasle, the I ac iIi ty miller or

ope r ato r must ohtain a de t a i led chemical and

physical analysis of wast.cs . The analysis

must contain all the information which must

be known to t re a t , store, or dispose the

was te in accordance wi th the ledera 1 requirements.

9.4 Gener'al Hequirements for J.g~lit<\b!e, Reactive

01' Incompatible Wastes

(a) The owne r or' operator must take precautions to p revent accidental ignition or

reaction of i qn i t.ab l e or' reactive waste,

(h) Treatment, storage, or' o i spo s a l of

ignitable or reactive wast.p and the

mixture or' cumnri nq l i nq of incompatible

wastes must he conducted so that it does

not:

State

f,oveL~!E

300(2)

395(1) (a)

395(1) (b)

Reviewers

COlllmenl5

(

( i )

( i i )

( i ii )

(iv)

Generate ex trcme heat or pressure ,

f i r e or explosion, or violent

reaction;

Pruduce uncont.rn l led toxic mi s t s ,

fumes, dus t s , orqilses in sufficient quant. i t i e s to t.lne a ten human

health;

Produce uncont.ro l l ed f l ammab le

fumes or gases in sufficient qu ..lIltit.ies to pose a r i sk of fire 01'

explosions;

Damage the 5 t ruc tura 1 integrity of·

the device or facility containing

waste; or

t:','!

..

39,5 (1) (1;>),(i)

395(1) (b) (ii)

395 (1) (b) (iii)

395 (1) (b) (Lv)

,:~'..')
(

Federal Cite

(40 CFR 123)

~~..:'j

"}~~~....,

Slate Program Reqlliremp.lI~

(v) 'lhruuqh other 1 ike me ans threaten

human hea 1th or' the env i ronment .

9.5 Financial Requirements

Slale

~~ov~r'i1~

395 (1) (b) (v)

)

Reviewers

Comments

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.......

The owner' or oper-ator must develop and 400(3) (a)

maintain a current estimate of c 1osur-e and

post-closure costs.

9.6 Use and Management of Conta i ners

(a) The container must be compa ti b1e with 400 (3)(a)

the waste to be stored.

(b) Containers holding hazardous waste must

be kept closed and IIIUSt 1I0t be opened,

handled, or' s t ored in a manne r which may

cause a rup t.ur:e or leak , .

(c) Areas whereconta i ners <Ire stored must

be inspected weekly.*

(d) Containers holding ignitable or reactive

waste mllst be located at least 15 meters

from the fClcility·s prope rty l i ne ."

(e) l ncompa t i IJ 1e was Les mu:> t not be placed

in the same container.

(f) f\ storage container holding a hazardous

waste that is incompatible with any

waste or other mat.e r i a l s stored nearby

must be separated or pr-o t ec t.ed f r-om the

other materials.

9.7 Tanks

(a) Hazardous wastes must not be placed in' a

tank if they coul d cause the tank or its

liner to leak.

Incorporated

from EPA's

interim status standard

j

Incollporated

from 'EPA's

interim s t a-;

tus standard

)

Incorporated

from EPA's

interim s.ta tus

standards
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Federal Cite

(40, CFR 123)

(

St a te Pro!Jram Requ i remen t ,

(b) Uncover-ed tanks IlIUSt have at, l cast two

feet of tJ'f~et)()nrd un l e s s other containment s Lruc tur'e s , a drai naqe control

system. or' ot.her diversion structures

wi th a capaci ty that cqua I s or exceeds

the vo 1ume of the top two r ee t of the

tank.

(c) Tanks which have a continuous feed system must be equpped with a means to stop

the inflow.

(d) Waste analysis must be conducted pursudnt to §265.13 and §265.193(d).*

(e) Tanks IIIUSt he i nspec t ed in accordance

with §26~. 19'1."

(f) At c 1OSllJ'C. all haz ardous was t e and hazardous was Le re s i due s IIIWit be removed

frolll the tanks.

(g) IgnitaLle or reactive waste should not'

be placed in a tank unless §265.198 is

comp 1i ed wi til.

(h) Incompo t i bl e wi)~l.ps must no L he pl acetl

in the s ame tank unless ~2(j~. 17(b) is

comp l i ed with.

9.8 SUI'face ImpolllHIr~~pnt~

(a) Must maintain at Ina s t two feet ot frp.ehoar-d.

(b) Earthen d i kes must have pro t.ec t i ve

cover.

(e) Must conduct waste analyses and trial

tests in accordance with §2G5.225.*

G)

State

~over~g~

400(3) (a)

Reviewers

Comments

States a

performance

objective

,,)
r .

Fede ra l Cite

(40 CFI~ 123)

t;r:'~ '-I

\r'.:-.i'

Slate Proqr'ilm Hequi rement

(d) Must inspect the treebo.u-d level at

least once each ope r a t i nq day ,

(e) Must inspect the surt'aceimpoundment at

least once a week to detect any leaks,

de ter iora t i on , or fai lure.'"

(f) The s,urfaceimpoundment must close in

accorddnce with §265.228.

(g) Ignitable or reactive wilste must not be

placed in a surf ace 'impoundment unless

!i265.229 is comp l i nd with.

(h) Incompatible was t.es IIlIlSt not be placed

in the same surf ace impoundment unless

§2G5.11(b) is complied with.

State'

CO~f~r~u~

)

Rev i ewers

ComlOent~

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9.9 Waste Piles

(a) A waste

manCigp.d

pile must

to coritrol

be protected and

wi lid d i spersa1.

400(3) (a) Incorporated

from EPA's

int:erim statu

standards

(b) An owner or operator' mus t conduct waste

ana lyses un l css the f aci I i ty meets the

exemptions of §2G5.2!>L.

(c) Within one year' after the e r r ec t i ve date

of the r'egu I a l.i nns , I e at.ha t.e or' run-.o f f

from a pi Ie must be controlled pur-suant,

to §265.253.'"

(d) Ignitable or' react.ive waste must not be

placed in a waste site unless §265.2.6~

is complied with.

(e) The requirements of §265.257 for jnco~­

patible wastes must be complied with.
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Federal Cite

( 11 b cr I~ 123) I

C

,-'. . "

State PrQ9!am neqllirement

9.10 Land Tr'eatment

(a ) llaz ardous was t.e must not he placed at a

land t rna tmen t rac i l i ty unless it can be

made . less haz ardous or non-tiazar-dous .

(b) Run-on 1II11S t he di ve rt.cd away from other

active port ions as of one year after the

effective date of Part 265.*

(c) Run-off f rom active por-tions must be

collected as of one year after the

effective date of Part 265.*

(d) Waste analyses must be cOllducted pursuant to §265.273.*

(e) I\n owner or' opera tor IIlUS t not i tv the

State u i rec tcr 'within GO days after the

effective date of Part 26~ if food chain

crops are ....vrown 011 the 1and treatment

fad 1ity."I<

(f) Food chain crops must not be qrown on

the treated ar-e a of il haz arrlous waste

land t r-eat.meut facility unless

§265.276(b)is complied with,)\;

(y) Food chain crops must not lIe grown on a

land t.r-ea tmeut faci 1i Ly rece i v i nq waste

that cont ai ns cadmium unless !:i265.27~I(C)

is compl i ed with. *

(h) The owner' 01' ope r a t.or must have in

wr i t.i nq and must 'imp lcmcut an unsatura ted zone mon i tOl' i ng plan pursuant t.o

§265.278.*

,(. ";''.\

~;. J ....:./

State

Cover~~

400(3) (a)

Revi~wel's

Comments

Incorporated

from EPA's

interim stat

standards

") .\ . '''.' ,

.. :.~.
(

\ .

Feder-al Cite

(40 erR 123)

,6 " ~~'.")

Sta te Pl:.Q1Jram Requl rCII~..!..!.~

(1) lhe owner or opcrator must. keep records

of the appl ication dates, appl i ca t i ou

rat.e s , quant i t i e s , and location of each

hazardous waste placed in a f ac i l ity.

(j) A land tr-eaunent facility must meet the

closure and pos t.-c l osure requirements of

§265.200.

(k) Ignitable or reactive waste must not be

placed in a land treatment fucility

unless §265.201 is complied with.

(n Incompatible wastes must not be placed

in the same land t r e a tmeut area unless

§265.17 is compl i edw i Lh.

State

~~~er-ll~«::'

\ )

Heviewers

Comments

w.

-&:-

I

11l

9.11 Landt ills

(a) Run-on must be diverted away from the

ac t i ve portions within one year after

the effective date of Parol 265.*

(b) Run-off 1rom active portions must be

collected within one year' after' the

effective date of Part 2{j5.*

(c) Must control wind di~persal.

(d) The owner' or ope r at.o r must meet the

survey i n~l and r eco rukeep i n~J r cqui rements

of 9265.309.1-·

(e) A landfill must comply with cl osure and

po s t r c losure requi rcments of ~265. 310. 'I<.

400 (3) (a) Incorporated

from EPA's

interim status

standards

(f) l qn i t ab l e or reactive wast.e must not he

placed in a landfill unless §265.312 is

camp 1i ed with'. '
federal Cite

(40 eFR 123) S~a le Pronram Reql~i rellle~

(g) l ncompat ibl e was t.es must no L he placed

in a landri 11 unless §2G~.17(b) is comp1i ed wi til.

(h) Bulk or non-cont.a ine r i zed liquid waste,

was te cnnt.a i ni nQ free-l i qui tis, or containers holdinu liquid waste should not

he pl aced ina landfill unless the

requirements of §265.314 arc complied

wi tho

(i) Empty containers must l.>e reduced in

vo l ume as of one year a fter the effective date of Part 265.*

Slille

Co~~~u~

Revi ewer s

Comments

w

.

.pI

.-.

(J)

9.12 Incineralors

(a) Musl be at steady 5 tote cond i t i OilS

before adding. hazardous waste.

(b) Waste analyses must be conducted pursuant to §265.J45.*

400(3)(a) Incorporated

from EPA's

interim status I

standards

(c) Monitoring

conduclp.c1

and inspections

as de l i nca t.ud in

must be

~265.347."=

J .

~"

(d) I\t closure, lhe owner or operator must

remove all haz ardous was t e ami hazardous

wast e resi dues..

9.13 Therlllill Treatment

(a) Must be at steady state cond i t i ons

he f ore add i nu hazardous was t.e s .

(b) Waste analyses must be conducted pur'-

suant to §2G5.375.*

(c) Monitoring and inspections must be

conducted .as delinealed in §265.377.*

.'1' ;.

~'.)

400 (3) (a) Incorporated

from EPA's

interim status

standards

,,")

~'.. '

"-
w

.pI

.......

......

(

\ .....

Federal Cite

('10 CrR ]23)

~~

Stat<~ PJ'.t1Jram Req~i n~me!.!.!:

(d) I\t c l o siire , the owner or' oper-ator must

remove all hazardous was t.e and hazardous

waste re$idue~.

(e) Open bunting of haz aruous waste is

prohibited except for the open burn i nq

and detonation of waste explosives.

9.14 Chemical~sical, a!"d BiologicaL Treatment

(a) Must comply with §265.17(b).

(b) Hazardous waste must not l)(~ placed in

the t rea tmerrt p roce s s or equipment if

any f a i l ure of equipment or' the prnce s s

would occur',

(c) 1\ continuously - fed proce s s must be

equi pped wi ttl a means to s top the i nflow .

(d) Waste analyses and trial tests must be

~onducted pursuant to §265.402.*·

(e) I nspec t i ons must he made purus ant to

§2G5.4UJ.*

SLat.e

~gye!~u~

400 (3) (a)

J

Reviewer's

Comments

Incorporated

from EPA's

interim. st.

standards y

(f) J\t closure, illl

hazardous waste

moved.

hazardous waste

r e s i due s mus t be

and

re-

)

(g) l qn i t.ab l e or r e ac t i ve was t.e must not be

placed in a tr'eatmcnt· proce s s unless

~265.'10~) is comp l ied with.

(h) Incompatible wastes IIlUSt not be p l aced

in the same treatment process unless

§265.17 is complied with.
--------~--- ~~---- --- ---------- ------~---------------- - ---------- .--- ----- ---~---- ------~-------------

Federal Cite

~Fn 123) State Pr09!am Re(~tremen~

'Stilte

C~~~~~

neviewers

Comments

w

.pI

.~

ex>

'I<

9.1!J Yllder·grou!!cLI..!.!jec!:~on*

(a) lIndergr'ound injection of hazardous waste

is not subject to the c l osure and postclosure or financi ..rl r equ i r emeu t s of

Part 265. Underqr-ound iuj ec t i on is

subject to the other r equ i remeuts or

Part 265.

Indicates areas where fl ex ib i l ity of Fedcra l requirements may be particularly app rop r i at.e .

400 (3) (a) Incorporated

from EPA's

interim status

standards

)

** It should be noted that Stale p ruqr ams are r equ i red 1.0 pruv i de mani f e s t t.r acki nq systems with r equ i r-enient.s for

BWMF's subs Lant i a l ly equivalent to Part 165. However. 123.J?0(<I) allows States to rccu i ve i nte r im autho r i za t i on if

legal authority does not exist to pr-ov i de manifest t.racki nq systems with re qu i r-ements re spcc tl nq qcnerator-s and

transporter's only. See the discussion ill the text. ...-

+ Unde r qr-ound i nj ec t i on cont.ro l s are opt.ional for' the purpo s e of i nt.e r im authorization of State proqr ams .

-t+ Althouyh the Federa l requirements aclually rcqu i r e notification and report i nq to the Regional Administrator, States

should require nct.i f i cati on and report i nq to the Slate Dir'eclul' for purposes of "substantial equ iva Ience" under the

interim authorization program.

. ,~

( l'~~~'~ ~~ \ .~'...,I .'o-r.,
j

APPEiIDIX B

PHASE II COMPONENT A TECHNICAL STANDARDS

/~.
Federal Cite

SUBPART B

§264.12

Requf red

notices.

(b)

,

I

i

·§264.17

General

requirements

'for ignitable

·reacti ve, or

incompatible

wastes.

(c)

;§ 264.18 Location standards.

(a)'

(1)

-

State Requirement

GENERAL FACILITY STANDARDS

The State program must require the owner

or operator to provide certain notices.

These notices are:

The owner or operator must inform each

off-site generator intending to ship waste

to the facility in writing that he has a

RCRA permit(s) to handle the wastes in the

intended manner, and will accept the

wastes; he must keep a copy of the written

notice.

The State program must require the owner

or operator to take special precautions

when handling certain wastes. These are:

When required to comply with paragraphs

(a) or (b) of this Section, the owner or

operator must document that compliance.

[Requirements (a) and (b) are the same

as Phase I, and appear on pages 3.4-10

and 3.4-11.]

The State program must establish certain

minimum standards for the location of

facilities. These are:

Seismic considerations.

Portions of new facilities where treatment, storage, or disposal of waste will

be conducted must not be located within 61

meters+ of a fault which has had displacement in Holocene time.

B-2

State Cite

290

290(3)

395(1)

395 (1)(a)

395 (1)(b)

500

500 (3)

500 (3)(a)

Comments

Identical requirements as EPA

)

) ,

I

i
Federal .... .;e

(2)( i)

(i i)

(i i i)

(b)

(1)

. (2)(i)

(ii)

(i i i)

SUBPART C

§264.31

Design and

operation

of facil ity

State Requirement

Where:

"Faultll means a fracture along which rocks

on one side have been displaced.

"Displacement" means the relative movement

of any two sides of a fault.

"Holocene" means the most recent epoch of

the Quarternary period.

Floodplains.

A facility located in a IOO-year floodplain must be constructed and operated to

prevent washout of any hazardous waste by

a IOO-year flood unless the owner or

operator can demonstrate to the State

Director that procedures will cause the

waste to be removed safely, before flood

waters can reach the facility.

Where:

"100-year floodplain" is subject to a one

percent or greater chance of flooding in

any given year from any source.

"Washout" means the movement of hazardous

waste from the facility as a result of

floodi ng.

"100-year flood" means a flood that has a

one percent chance of being equalled or

exceeded in any given year.

PREPAREDNESS AND PREVENTION

In addition to Phase I guidance concerning

operation and maintenance, facilities

must be designed and constructed to minimize

the possibility of a fire, explosion, or

unplanned release of hazardous waste.

B-3

State Cite

500(3) (c) (i)

500 (3) (c) (Lf.)

500(3) (c) (iii)

500(4)

500(4)(a)

500(4)(c)(i)

500 (4) (c) (Lt.)

500(4) (c) (iii)

340

Comments

)
Federal Cite

SUBPART E

REPORTING

§ 264.73

Operating

record.

i

,

r»

!

i

I

(6)

SU~PART G I

§ 264.112 Closure

pl~n; amendement

of .pl an.

'Cal

(4)

(b)

'--

State Requirement

MANIFEST SYSTEM, RECORD KEEPING, AND

The following information must be recorded

and maintained in the operating record:

For off-site facilities, notices of generators;

CLOSURE AND POST-CLOSURE

The owner or operator of a hazardous waste

management facility must have a written

closure plan which must be submitted with

the permit application, and approved by

the State Director. A copy of the approved plan must be kept at the facility.

The closure plan must include:

an estimate of the expected year of closure and a schedule for final closure.

The schedule must include total time

required to close the facility and the

time required for intervening closure

activities.

The owner or operator may amend his clo- . sure plan at any time during the active

life of the facility. He must amend the

plan whenever changes in operating plans

B-4

State Cite

380(1)

380 (1) (h)

610(3) (a)

610(3) (a) (Lv)

610 (3)(b)

Comments
Federal \..~e

(c)

§264.113

Closure; time

allowed for

closure

State Requirement

or facility design affect the closure

plan, or whenever there is a change in the

expected year of closure.

The owner or operator must notify the

State Director at least 180 days± prior

to the date he expects to begin closure.

State Cite

610(3) (c)

Comments

(a) Within 90 days± after receiving the final

volume of hazardous wastes, the owner or

operator must treat, remove from the site,

or dispose of on-site, all hazardous

wastes in accordencc with the approved

closure plan. The State Director may

approve a longer period if the owner or

operator demonstrates that:

(l)(i) the activities required to comply with

this paragraph will take longer than 90±

days to complete; or

(ii)(A) the facility has the capacity to receive

additional wastes;

(B) there is a reasonable likelihood that a

person other than the owner or operator

will recommence operation of the site;

(C) Closure of the facility would be incompatible with continued operation of the'

site; and

(2) he has taken and will continue to take all

steps to prevent threats to human health

and the environment from the unclosed but

inactive facility.

B-5

610(4)(a)

610(4)(a)(i)(A)

610(4)(a)(i)(B)(I)

610(4)(a)(i)(B)(II)

610(4)(a)(i)(B)(III)

610(4) (a) (Lt)
Federal Cite

§264.118

Post-closure

plan; amendment of plan

(a)

(1)

(2)

State Requirement

The owner or operator of a disposal facility must have a written post-closure plan.

The plan must be submitted with the permit

application, and approved by the State

Director as part of the permit issuance

proceeding under Part 124. The approved

post-closure plan will becomea condition

of any permit issued.

Acopy of the plan

must be kept at the facility until postclosure begins. This plan must identify

the activities which will be carried on

after closure and the frequency of these

activities, and include at least: a description of the planned groundwater

monitoring activities, and frequencies

which they will be performed; a description of the planned maintenance

activities, and frequencies at which they

will be performed, to ensure:

State Cite

610 (8) (a)

610(8)(a)(i)

610 (8) (a) (ii)

Comments

)

i

•I

(i)

(ii)

(3)

the integrity of the cap and final cover

or other containment structures where

applicable; and

the function of the facility monitoring

equipment; and

the name, address, and phone number of the

person or office to contact about the

disposal facility during the post-closure

period. This person or office must keep

an updated post-closure plan during the

post-closure period.

8-6

610(8) (a) (ii) (A)

610 (8) (a) (H) (B)

610 (8) (a) (Hi)

'-
'-"4,.

Federal L .;e

(b)

(c)

§264.119

Notice to

local 1and

authority

§264.120

Notice in

deed to

property

(b)

State Requirement

The owner or operator may amend his post- closure plan at any time during the active

life of the disposal facility or during

the post-closure care period. The owner

or operator must amend,his plan whenever

changes in operating plans or facility

design or events which occur during the

active life of the facility or during the

post-closure period, affect his post-closure

plan. He must also amend his plan whenever

there is a change in the expected year of

closure.

When a permit modification is requested

during the a~tive life of the facility to

authorize a change in operating plans or

facility design, modification of the

post-closure plan must be requested at the

same time.

Any changes in the type, location, or

quanitity of hazardous wastes disposed of

within each cell or area of the facility

that occur after the survey plat and

record of wastes have been filed, must be

reported to the local zoning authority

and to te State Director.

If the owner or operator or any subsequent

owner of the land removes the waste and

waste residues, the lining if any, and' all

contaminated soil, he may remove notation

on the deed of hazardous waste activity.

(Note: If the State utilizes this option,

it must inform EPA.)

B-7

State Cite

610(8)(b)

610(8) (c)

610(9)

610(10) (b)

Comments

WDOE is more stringent

'--".
Federal Cite

SUBPART I

§ 264.175

Containment.

State Requirement

USE AND MANAGEMENT OF CONTAINERS

- -------- ----_.- .----

State Cite Comments

(a)

(1)

,(2)

(3)

:(b).

(c)

§ 264.178

C19sure.

-

Container storage areas must have a containment system. The containment system must:

have a base which will contain spills and

is free of cracks/gaps;

be designed for drainage to avoid allowing

rain or spills standing on the base for

over one hour unless ·containers are elevated;

and

have sufficient capacity to contain 10% of

the volume of containers or the volume of

the largest container, whichever is greater.

Run-on into the containment system must be

prevented unless sufficient excess capacity

to handle the run-on has been included in

the containment system.

Spills, leakage, and rain must be removed

from the collection area before the system

overflows.

At closure, all hazardous waste and hazardous waste residues must be removed

from the containment system. Remaining

containers, liners, bases, and soil containing or contaminated with hazardous

waste or hazardous waste residues must be

decontaminated or removed.

"

8-8

630(7)

630(7) (a) (1)

630(7) (a) (iii)

630 (7) (b)

630 (7)(c)

630(10)

)

)
--.." Federal l. ie

SUBPART J - TANKS

State Requirement

-.

State Cite Comments -

264.190 Applicability

(b) The regulations do not apply to facilities

that treat or store hazardous waste in

underground tanks that cannot be entered

for inspection.

§264.191 Design

of tanks

640(1) (a)

640(1)(b)

State regulations allow the use oj

underground tanks "only" if they (

be externally inspected or have a

secondary containment system or CI

be tested (i.e., pressure) by metl

approved by the department

(a)

§264.192 General

operating

req~irements

(a)

(1)

(2)

§264.194

Inspections

(b)

Tanks must be designed not to collapse or

rupture. Tanks must have a minimum shell

thickness which has been determined to be

necessary to provide containment without

failure, and which must be maintained at

all times.

Wastes' incompatible with the tank must not

be placed in the tank unless protected by:

An inner liner or coating which is compatible; or

Alternative protection.

The owner must have a method of checking

tanks to detect leaks or erosion and

measuring the thickness of the tank shell.

This includes methods to empty and enter

the tank to inspect. Inspection frequency

must be based on tank material, rate of

corrosion and types of waste.

B-9

640(2)

640(2)(a)

640(2)(b)

640(2)(c)

640(3)(a)

640(3) (a) (1)

640(3) (a) (Lt.)

640(4) (b)
Federal Cite

(c)

State Requirement

The owner must specify his spill response,

waste removal and tank repair procedures.

State Cite

640(4) (c)

Comments

SUBPART K - SURFACE IMPOUNDMENTS

§264.221 General

design requirements

(a)

(1)

(2)

(b)

I

(c)

(d)

.(e)

§264.222 General

operating

requirements

(b)

A surface impoundment must be designed to

provide:

60 centimeters freeboard; or

An amount of freeboard that will prevent

overtopping.

A surface impoundment must be designed so

that any flow of waste into the impoundment can be immediately shut off.

An impoundment must be designed to prevent

discharqe into the land, groundwater, and

surface water.

Dikes must be designed with sufficient

structural integrity to prevent massive

failure.

A leachate detection, collection and

removal system must be designed so that

liquid will flow freely to prevent the

creation of a pressure head.

A surface impoundment must b~ operated to'

maintain at least the .1mount of freeboard

specified.

8-10

650(2)

650(2)(a)(i)

650(2)(a)(ii)

650 (2)(b)

650(2) (c)

650 (2)(d)

650(2)(e)

650 (3)(b)

' ..
Federal

(c)

(d)

(1)

(2)

(e)

'.

~e State Re~uirement

A leachate detection, collection, and

removal system must be operated so that

leachate flows freely from the collection

system and is removed.

Earthen dikes must be kept free of:

perennial woody plants;

burrowing mammals.

Run-on must be diverted away from a surface

impoundment.

State Cite

650 (3)(c)

650 (3)(d)

650 (3)( d)(i)

650(3) (d) (it)

650(3)(e)

Comments '-.

§ 264.223 Containment systems

(b)

(1)( i)

(ii)

A liner system must:

be constructed with a highly impermeable

liner; and

a leachate detection, collection, and

removal system beneath the liner(s) to

detect, contain, collect, and remove any

discharge; and

650(4)(b)

650(4) (b) (i)

650(4) (b) (Lf)

(2)

(c)

(d)

(1)

(2)

be constructed above the water table.

A containment system must have a containment life equal to or greater than the

life of the surface impoundment.

Liner systems must be constructed:

Of materials with characteristics sufficient

to prevent failure; and

On a foundation providing support.

"

B-11

650(4) (b) (iii)

650(4)(c)

650(4)(d)

650(4)(d)(i)

650(4) (d) (Lf)
i

Federal Cite

§264.226

Inspections

and testing

(a)(l)

(2)

(3)

(b)

(2)

(c)

(1)

(i)

(ii)

(i i i)

-

State Requirement

During construction or installation, liner

systems must be inspected.

Earth material liner systems must be

tested for compaction density, moisture

content, and permeability.

Manufactured liner materials must be.

inspected to ensure tight joints and the

absence of tears or blisters.

The owner or operator must inspect:

Each surface impoundment after storms.

The structural integrity of any dike must

be certified prior to the issuance or

reissuance of a permit or prior to being

placed in service.

In certifying the structual integrity it

must be established that the dike will

withstand:

The stress of the pressure head of liquids;

The weakening effect of earth materials

being scoured without relying on any liner

system; and

The weakening effect of earth materials

being scoured assuming leaks develop in

the liner system.

8-12

State Cite

650(5)(a)

650(5)(b)

650 (5)(e)

650(5)(d)

650(5)(d)(H)

650(5)(e)

650(5)(e)

650(5) (e) (1)

650 (5) (e) (H)

650 (5) (e) (Hi)

Comments

)
-."

Federal l, .e

§264.227 Containment system repairs;

contingency plans

State Requirement State Cite Comments -e-, •

(a)

(b)

(c)

(1)

(2)

(3)

(4)

(d)

(1)

(2)

(e)

(1)

Whenever there is any indication of a

possible failure of the containment system,

that system must be inspected.

Whenever there is a positive indication of

a failure of the containment system the

impoundment must be removed from service.

If the surface impoundment must be removed

from service the owner or operator must:

shut off the flow of or stop the addition

of'wastes;

contain any leakage;

cause the leak to be stopped; and

if the leak cannot be stopped, empty the

impoundment.

As part of the contingency plan the owner

or operator must specify:

A procedure for complying with paragraph

(c); and

A containment system evaluation and repalr

plan.

No surface impoundment removed from service

may be restored to service unless:

the containment system has been repaired;

and

B-13

650(6)(a)

650(6)(b)

650(6)(c)

650(6) (c) (i)

650(6) (c) (Lf)

650(6) (c) (iii)

650(6) (c) (tv)

650(6)(d)

650(6)(d)(i)

650(6) (d) (Lf.)

650(6)(e)

650(6)(e)(i)
F~deral Cite

(2)

(f)

State Requirement

certified by a qualified engineer as

meeting the design specifications approved

in the permit.

A surface impoundment removed from service

and not being repaired must be closed.

State Cite

650(6)(e)(ii)

650(6)(f)

Comments

SUBPART L - WASTE PILES

§264.251 General

design requirements.

(a)

(b)

§264.252 General

operating

requirements

(a)"

§264.253 Containment systems.

Awaste pile must be designed: to control

dispersal of waste by water erosion; and

to prevent discharge into the land, surface

water, or groundwater.

The State Director shall specify practices

to control wind dispersal from piles where

necessary.

660 (2)(a)

660(2)(b)

660(3)(a)

(a)

(1)

(2)

(3)

-

.A containment system must prevent discharge

into the land, surface water, or groundwater. The system must consist of:

A leachate and run-off collection and ~ontrol system; and either

Abase which will prevent discharge into

the land, surface water or groundwater.

The liner(s) must be of sufficient strength

and thickness to prevent failure; or

A base as in paragraph (a)(2), except that

the liner(s) need not be of sufficient

8-14

660(4)(a)

660 (4)(a)(i)

660(4)(a)(ii)

660(4) (a) (iii)

..;
Federal .~

•. i;;e State Requirement ,..

State Cite Comments .-.

(b)

(1)

{2}

(c)

(d)

§264.254

Inspections

and testing

(a)

(1)

(2)

strength and thickness to prevent failure

due to physical damage from equipment used

to clean and expose the liner surface for

inspection. and a leachate detection.

collection. and removal system beneath the

base placed above the water table and a

leachate detection. collection. and removal

system placed beneath the base but above

the water table to detect, contain. collect.

and remove any discharge from the base.

A waste pile base must be constructed:

Of materials to prevent failure;

On a foundation providing support to the

liner(s) and to loads placed above the

liner(s).

A containment system must be protected

from plant growth.

A containment system must have a containment life equal to or greater than the

life of the pile.

During construction or installation:

Liner systems must be inspected foruniformity, damage. and imperfections; and

Manufactured liner materials must be

inspected to ensure tight seams. joints.

and absence of tears or blisters.

8-15

660 (4)(b)

660(4) (b) (1)

660(4) (b) (ii)

660(4)(c)

660(4)(d)

660(5)

660(5)(a)

660(5)(b)
'--'--t.:-Cit. §26~.255 Containment system

rep:airs; contingen,cy plans

(a)

(b)

(c)

(1)

(2)

(3)

"(4)

(d)

(1)

(2)

(e)

(1)

(2)

-"

State Requirement

Whenever there is indication of a possible

failure of the containment system, that

system must be inspected.

Whenever there isa positive indication of

a failure of the containment system, the

waste pile must be removed from service.

If the waste pile must be removed from

service, the owner or operator must:

Stop adding waste to the pile;

Contain any leakage;

Cause the leak to be stopped; and

If the leak cannot be stopped, remove the

waste from the base.

As part of the contingency plan the owner

or operator must specify: A procedure for complying with paragraph

(c); and A containment system evaluation and repair

plan.

No waste pile removed from service may be

restored to service unless:

The containment system has been repaired;

and

The containment system has been certified

by a qualified engineer as meeting the

design specifications.

8-16

State Cite

660(6)(a)

660(6)(b)

660(6)(c)

660(6) (c) (i)

660(6)(c)(ii)

660(6) (c) (Hi)

660(6)(c)(iv)

660 (6)(d)

660 (6) (d) (i)

660(6)(d)(H)

660(6)(e)

660(6)(e)(i)

660(6) (e) (H)

Comments

....
r--..

_federal t·., ~e

(f)

§264.258

Closure

State Requirement_

A waste pile not being repaired must be

closed.

At closure, all hazardous waste must be

removed from the pile. All components of

the containment system must be decontaminated or removed.

B-17

-.

State Cite

660(6)(f)

660(9)

I

I

Comments C' .~.~

\

. /
.1

APPENDIX C

FINANCIAL REQUIREMENTS
Federal Cite State Requirement State Cite Comments

Subpart H - Financial Requirements

264./265

I,

264. 142(a)

265. 142(a)

26'. 144(a) 265. 144(a)

Closure and/or Post-Closure Trust Fund

(Note: .142 and .144 are final rules

issued May 19, 1980 and amended

October 30, 1980.)

Cost Estimates for Closure and Post

Closure Care

The owner/operator must have a written

estimate of closure costs for each facil- ity.~ The estimate must equal the costs

of closure at the point in the facility's

operating life when closure would be most

expensive, as indicated by the closure

plan. The estimate must be kept at the

facility.

For existing facilities the cost

estimates must be completed by May

19, 1981.

The owner/operator of a disposal facility

must have a written estimate of the annual

cost of post-closure care of the disposal facility.~ The estimate must be kept at

the facility.

. For existing facilities the postclosure estimates must be completed by May 19, 1981.

620 (3)(a)

620(5)(a)

• ':~\ ...:,1

NOTE 1 - For existing facilities,

state regulations were adopted

from EPA's interim status

standards (see section 400(3)(.»

SEE NOTE 1

,)

26~.142(b)

26~.144(b)

265.142(b)

265. 144(b)

I

"-

The owner/operator must prepare a new

closure/post-closure cost estimate whenever a change in the closure/post-closure

plan affects the cost of closure/post- closure care. Post-closure cost estimates

C-4

620 (3)(b)

620(5)(b)

SEE NOTE 1

" • "
", Federal (. C!

264.142(c)

264.144(c)

265.142(c)

265.144(c)

264.143(a)(1)

264.145(a)(1)

265.143(a)(1)

265.145(a)(1)

State Requirement

must be calculated by multiplying the

latest annual post-closure cost estimate

by the number of years of post-closure

care required in the post-closure plan

approved by the State Director.* * For existing facilities, the

latest post-closure cost estimate

must be calculated by multiplying the

lastest annual post-closure cost

estimate by 30.

On each anniversary of the date on which

the first estimate was prepared,* the

owner/operator must adjust the latest

closure/post-closure cost estimate for

inflation by using an "inflation factor"

derived from the annual Implicit Price

Deflator for Gross National product (published by the U.S. Commerce Department).

The inflation factor is calculated by

dividing the latest annual Deflator by the

Deflator for the previous year. The

owner/operator must adjust his closure/

post-closure cost estimate to at least

equal the product of his latest closure/

post-closure cost estimate multiplied by

the inflation factor. * For existing facilities the adjustment must be made on each anniversary

of the effective date of the Federal

regulations, (October 13, 1981), or

the anniversary date of the State

regulations.

Closure and/or Post-Closure Trust Fund

The trustee must be a bank or financial

institution having authority to act as a

trustee and whose trust operations are

regulated and examined by a Federal or

C-5

State Cite

620(3) (c)

620(5) (c)

620(4) (a) (1)

620(6) (a) (1)

Comments

SEE NOTE1

1._

.',I

.)
Federal Cite

264!.143(a)(2)

264!.145(a)(2)

265.143(a)(2)

26S.145(a)(2)

264. 143(a)(3)

26'. 145(a)(3)

265.143(a)(3)

265.145(a)(3)

I

I

-

State Requirement

State agency. The owner/operator must

send an originally signed duplicate of the

trust agreement to the State Director by

certified mail; for new facilities. the

duplicate of the agreement must be sent to

the State Director at least 60 days±

before hazardous waste is first received

at the facility.

The wording of the trust agreement must be

identica1* to the wording specified in

section 264. 151(a)(1) or 265.151(a)(1)

and the agr~ement must be accompanied

by a formal certification of acknow1edgement.**

* Some wording changes may be needed

to make these instruments applicable

in an authorized State (i.e .• who is

the beneficiary of the trust).

However. the policy and legal intent

must be substantially equivalent or

more stringent.

** The regulations provide an example of the certification of acknowledgement (264.151(a)(2) and 265.151

(a)(2». Other statements will be

acceptable provided they are legally

sound.

Payments to the trust fund must be made

annually by the owner/operator over the

term of the initial RCRA permit* as follows:

* Payment for existing facilities is

required over the operating life of

the facility (as determined in the

closure plan) or over a 20 year

pay-in period beginning with the

effective date of the Federal regu1-

C-6

State Cite

g~8 ~~~ ~;~ HH

620 (4) (a) (iii)

620(6)

620(6)(a)

Comments

Adopted EPA regulation

by reference for closure

language.

...

: .lO·· t "

.!

. ';1 . /

,
/-.,.

Federal \. ;e

264.143(a)(3)(i)

264.145(a)(3)(i)

265.143(a)(3)(i)

265.145(a)(3)(i)

State Requirement

ations (October 13, 1981),

**whichever is shorter.

** Or the effective date of State

regulations.

For a new facility, the first payment

must be made when the trust fund is

established and must be at least equal

to the closure/post-closure cost estimate

divided by the number of years in the term

of the permit.* * For existing facilities, the first

payment must be made by the effective

date of the Federal regulations (October

13, 1981)** and must be at least

equal to the closure or post-closure

cost estimate divided by the number

of years in the pay-in period.

** Or the effective date of State

regulations.

Subsequent payments must be made within 30

days± of each anniversary date of the

first payment. The amount of each subsequent payment must be calculated by subtracting the current value of the trust

fund (CV) from the adjusted closure cost

estimate (ACE) and dividing the product by

the number of years remaining in the

pay-in period (Y):

Next payment=ACE-CV Y

State Cite

620(4)(a)(iii)(A)

620(6)

620 (6)(a)

Comments

...

}

264.143(a)(3)(ii) If an owner/operator establisheda trust fund 620(4)(a)(iii)(B)

264.145(a)(3)(ii) under interim status standards (Part 265), 620(6)

and the value of the trust fund does not 620(6)(a)

equal the adjusted cost estimate (ACE) for

closure/ post-closure when the permit is

awarded for the facility, the amount Qf

C-7
--!!~eral Cite

264.143(a)(4)

264.145(a)(4)

265.143(a)(4)

265.145(a)(4) III

264.143(a)(5) 26~.145(a)(5)

265.143(a)(5)

265.145(a)(5) II 264.143(a)(6) 26~.145(a)(6)

265.143(a)(6)

265.145(a)(6) II -

State Requirement

the ACE still to be paid must be· paid in

over the term of the permit. Subsequent

payments must be made within 30 days± of

each anniversary date of the first payment. The amount of each subsequent

payment must be determined by performing

the calculation set forth in .143(a)

(3)(i).

Accelerated payments are allowed as long

as the value of the trust fund is not

reduced from what it would have been had

payments been made as specified in .143(a)

(1), .143(a)(3); 145.(a)(l) and .145(a)(3).

If an owner/operator establishesa closure

or post-closure trust fund after initially

using one or more alternate mechanisms,

the first payment must be at least the

amount the fund would have contained if

the trust fund were established and annual

payments were made since 60 days± hefore

hazardous waste was first received at the

facility. * Or for existing facilities, the

effective date of the Federal regulations (October 13, 1981) or the

effective date of state regulations.

Whenever cost estimates increase, after

the term of the initial RCRA permit* is

completed, the owner/operator has 60

.days± to deposit the amount necessary to

increase the value of the trust fund to at

least the amount of the new estimate, or

obtain other financial assurance to cover

the difference. * For existing facilities, after the

pay-in period is completed.

C-8

State Cite

620(4) (a) (tv)

620(6)

620(6)(a)

620(4)(a)(v)

620(6)

620(6)(a)

620(4)(a)(vi)

620(4) (a) (vii)

620(6)

620(6)(a)

Comments

SEE NOTE1

\

,. )

..
,--- Federal t.e

264.143(a)(7)

264.145(a)(7)

265. 143(a)(7)

265.145(a)(7)

264. 143(a)(8)

264.145(a)(8)

265.143(a)(8)

265.145(a)(8)

264.143(a)(9)

264. 145(a)(9)

265. i43(a)(9)

265.145(a)(9)

264.143(a)(10)

264.145(a)(lO)

265.143(a)(lO)

265. 145(a)(10)

State Requirement

If the value of the trust fund is greater

than the adjusted cost estimate, the

owner/operator may submit a written request to the State for release of the

amount in excess of the adju~ted cost

estimate. *

* This is an optional requirement.

If an owner/operator substitutes other

financial assurance which conforms to

State requirements, he may submit a written

request to the State Director for release

of the amount in the trust fund which is

greater than the amount required as a

result of such sUbstitution.*

* This reduction provision (only) is

an optional requirement.

Within 60 days± after receiving a

request from the owner/operator for

release of funds, the State Director

wi 11 instruct the trustee to release to

the owner/operator such funds as the

State Director specifies in writing.*

* This is an optional requirement.

The owner/operator or person authorized to

conduct closure or post-closure may request reinbursement for expenditures by

submitting itemized bills to the State.

Within 60 days± after receiving bills,

the State will instruct the trustee to

make reimbursements in the amounts justified.*

* This is an optional requirement.

"

C-9

State Cite

620(4) (a) (viii)

620(6)

620(6)(a)

620(4) (a) (ix)

620(6)

620 (6)(a)

620(4)(a)(x)

620(6)

620(6)(a)

Comments

.NQ state equivalent

-,

)
Federal Cite

264.143(a)(11)

264.145(a)(ll)

265.143(a)(11}

265.143(a)(11) I

26~.143(b)(l) 26~.145(b)( 1)

265

r.143(b )(1)

26l145(b )(1) IIIiI

264.143(b)(2)

265. 143(b)(2)

'I

264.145(b)(2)

265.145(b)(2) I

.......

State Requirement

There are two alternative conditions for

termination of the trust agreement: (1)

SUbstitution of alternate financial assurance, or (2) State notification that the

owner/operator is no longer required to

maintain financial assurance due to the

completion of closure/post-closure requirements. * * See guidance on .143(h) and

.145(h) in this chapter.

Surety Bond guaranteeing payment into

a

closure or post-closure trust fund

The surety company must, ata minimum, be

among those listed as acceptable sureties

on Federal bonds in Circular 570 of the

U.S. Department of Treasury. The owner/

operator must deliver the bond to the

State Director by certified mail; for new

facilities, the bond must be delivered to

the State Director at least 60 days±

before hazardous waste is first received

at the facility, and the bond must be

effective before the initial receipt of

hazardous waste. '

The wording of the surety bond must be

identical* to the wording specified in

section 264.151(b) or 265.151(b).

The wording of the surety bond must be

identical* to the wording specified in

section 264.151(d) or 265.151(c). * Some wording changes may be needed

in make these instruments applicable

in an authorized State. However, the

policy and legal intent must be

substantially equivalent or more

stringent.

C-I0

State Cite

620(4)(a) (xi) (A)

620(4)(a)(xi)(B)

620(6)

620(6)(a)

620(4)(b)(i)

620(6)

620(6)(b)

620(4) (b) (Lf )

620(6)

620(6)(b)

Comments

No state equivalent

'\
.-.

Federa1L...:e

264.143(b)(3)

264.145(bH3)

265.143(b)(3)

265.145(b)(3)

264.143(b)(4)

264.145(b)(4)

265.143(b)(4)

265.145(b)(4)

264.143(b)(5)

264.145(b)(5)

265.143(b)(5)

State Requirement_

The owner/operator using a surety bond

must also establish a standby trust fund

at the time the bond is obtained. All

payments. made pursuant to the surety bond

terms will be deposited into the standby

trust fund*. This trust fund must meet

the requirements of.143(a) or .145(a),

except that an originally signed duplicate

of the trust agreement must be delivered

to the State Director with the bond, and,

aftera nominal initial payment, subsequent payments are not required until the

standby trustfund is funded purusant to

the State requirements. * A standby trust fund is unnecessary if the State can receive and

direct the expenditure of the money.

The surety bond must guarantee that the

owner/operator will: (1) fund the standby

trust in an amount equal to the penal sum

of the bond at least 60 days± before the

expected date of the beginning of final

closure of the facility; or (2) fund the

standby trust fund in an amount equal to

the penal sum within 15 days± after an

order to begin closure is issued pursuant

to State law or section 3008, 7002, or

7003 of RCRA*, or within 15 days± after

issuance of a notice of termination of

interim status pursuant to Part 124 or

State permit; or (3) provide alternate

financial assurance within 30 days± of a

notice of cancellation of the bond by the

surety.* Or the appropriate State

authorities.

The surety will become liable on the bond

obligation when the owner/operator fails

to perform as guaranteed by the bond.

C-ll

State Cite

620(4)(b)(iii).

620(6)

620(6)(b)

620(4) (b) (iv)

620(6)

620(6)(b)

620(4) (b) (v)

620(6)'

620(6) (b)

Comments

'- . . . I
Federal Cite

265. 145(b)(5)

264.143(b)(6)

264.145(b)(6)

265.143(b)(6)

265. 145(b)(6)

264.143(b)(7)

264.145(b)(7)

265.143(b )(7)

265. 145(b)(7) j

264. 143(b)(8)

264. 145(b)(8)

265. 143(b)(8)

265. 145(b)(8) I

264. 143(b)(9)

264. 145(b)(9)

265. 143(b)(9)

265. 145(b)(9)

---

State Requirement

The penal sum of the bond must at least

equal the adjusted closure/post-closure

cost estimate.

The penal sum of the bond must be adjusted

to meet an increase in the closure/postclosure cost estimates within 60 days±

after the increase, or the owner/operator

must obtain other financial assurance to

cover the increase. Notice of the iricrease in the penal sum must be sent to

the State Director. Whenever the adjusted

closure/post-closure cost estimate decreases, the penal sum may be reduced to

the new estimate following written approval by the State Director.* * This reduction provision (only) is

an optional requirement.

The surety can cancel the bond by sending

written notice of cancellation by certified mail to the State and the owner/

operator. However, the bond cannot be

cancelled fora period of 90 days± beginning on the date of the State's receipt of

the cancellation notice, or while a compliance proceeding is pending..

The State will issue a compliance order

upon receivinga notice of cancellation of

the bond, unless the owner/operator demonstrates alternate financial assurance. If

the owner/operator fails to demonstrate

alternate financial assurance within 30

days± of issuance of a compliance order,

the State may direct the surety to place

the penal sum of the bond in the standby

trust fund.

C-12

State Cite

620(4) (b) (vi)

620(6)

620(6)(b)

620(4) (b) (vii)

620(6)

620(6)(b)

620(4) (b) (viii)

620(6)

620(6)(b)

620(4)(b)(ix)

620(6).

620(6)(b)

Comments

,)
Federal L ~e

264. 143(b)(10)

264. 145(b)(10)

265. 143(b)(10)

265. 145(b)(10)

264.143(b)(ll)

264. 145(b)(11)

265. 143(b)(11)

265. 145(b)(11)

264. 143(c)(l)

264. 145(c)(l)

264. 143(c)(2)

264. 145(c)(2)

State Requirement

The owner/operator may cancel the bond if

the State Director has given prior written

consent based on receipt of evidence of

alternate financial assurance acceptable

under State law.*

* This is an optional requirement.

The State Director will notify the surety

when the owner/operator funds the standby

trust fund in the amount guaranteed by the

surety bond or if he provides alternate

financial assurance acceptable under State

law.

* This is an optional requirement.

Surety Bond Guaranteeing Performance*

* Applies to Part 264 only.

The surety company issuing the bond must,

at a minimum, be among those listed as

acceptable sureties on Federal bonds in

Circular 570 of the U.S. Department of the

Treasury. The owner/operator must deliver

the bond to the State Director by certified mail; for new facilities, the bond

must be delivered to the State Director at

least 60 days± before hazardous waste is

first received at the facility and the

bond must be effective before the initial

receipt of hazardous waste.

The wording of the surety bond must be

identical* to the wording specified in

264.151(c).

The wording of the surety bond must be

identical* to the wording specified in

264.151(e).

C-13

State Cite

620(4) (b) (x)

620(6)

620(6)(b)

620(4)(b)(xi)

620(6)

620(6)(b)

620(4) (c) (1)

620(6)

620(6) (c)

620(4) (c) (LL)

620(6)

620(6) (c)

-.- Comments

)

\ )

State regulation references

EPA regulation

No state equivalent
Federal Cite

264. 143( c)(3)

264. 145(c)(3)

264. 143(c)(4) -

State Requirement

* Some wording changes may be needed

to make these instruments applicable

in an authorized State. However. the

policy and legal intent must be

substantially equivalent or more

stringent.'

The owner/operator using a surety bond

must also establish a standby trust fund

at the time the bond is obtained. All

payments made pursuant to the surety bond

terms will be deposited into the standby

trust fund*. This trust fund must meet

the requirements of .143(a)/.145(a).

except that an originally signed duplicate

of the trust agreement must be delivered

to the State Director. and. aftera nominal initial payment. subsequent payments

are not required until the standby trust

fund is funded pursuant to the state

requirements. * A standby trust is unnecessary if

the State can receive and direct

expenditure of the money.

The bond must guarantee that the owner/

operator will: (1) Perform final closure

in accordance with the closure plan and

otherrequi rement s- ; n the permit for the

facility; or (2) Perform final closure in

accordance with SubpartG following an

order to begin closure pursuant to state

laws or section 3008. 7002 or 7003 of

RCRA.* or following issuance of a notice

of termination of the permit; or (3)

Provide alternate financial assurance

within 30 days± after the State receives a notice of cancellation of the bond from

the surety.I\

* Or the appropriate State

authorities'!

C-14

State Cite

620(4) (c) (iii)

620(6)

620(6)(c)

620(4)(c) (Lv)

620(6)

620(6)(c)

Comments

.,))
-r-.

~eral l. ~e

264. 145(c)(4)

264.143(c)(5)

264. 145(c)(5)

264. 143(c)(6)

264. 145(c)(6)

264. 143(c)(7)

264. 145(c)(7)

264. 143(c)(8)

264. 145(c)(9)

State Requirement_

The bond must guarantee that the owner/

operator will: (1) perform post-closure

care in accordance with the post-closure

plan and other requirements of the permit;

or (2) provide alternate financial assurance within 30 days± after the state receives a notice of cancellation of the

bond from the surety.

The surety will become liable on the bond

obligation when the owner/operator fails

to perform as guaranteed by the bond.

The penal sum of the bond must at least

equal the adjusted closure/post-closure

cost estimate.

The penal sum of the bond must be adjusted

to meet an increase in the closure/postclosure cost estimates within 60 days±

after the increase or the owner/operator

must obtain the financial assurance to

cover the increase. Notice of a change in

the amount of the penal .sum must be sent

to the State Director within 60 days±

after the change. Whenever the adjusted

closure/ post-closure cost decreases, the

penal sum may be reduced following written

approval by the State Director.* * This reduction provision (only) is

an optional requirement.

The surety can cancel the bond by sending

written notice of cancellation to the

State and the owner/operator. However,

the bond cannot be cancelled .fora period

of 90 days± begihning on the date of the

State's receipt of the cancellation notice, or while a compliance proceeding is

pending.

C-15

State Cite

620(4) (c) (v)

620(6)

620(6)(c)

620(4) (c) (vi)

620(6)

620(6)(c)

620(4)(c) (vii)

620(6)

620(6) (c)

620(4) (c) (viii)

620(6)

620(6)(c)

Comments

No state equivalent

)
Federal Cite

264.145(c)(8)

264.143(c)(9)

264.145(c)(10)

264.143(c)(10)

264.143(c)(11)

264.143(c) (11)

264.145(c)(12)

'-'

State Requirement

During the period of post-closure care,

the State Director may approve a decrease

in the penal sum of the bond if the owner/

operator demonstrates to the State Director

that the amount exceeds the remaining cost

of post-closure care.* * This reduction provision (only) is

an optional requirement.

Following a determination pursuant to section 3008 of RCRA* that the owner/operator

has failed to perform in accordance with

the closure/post-closure plan and other

permit requirements, under the terms of

the bond the surety will perform final

closure/post-closure in accordance with

the approved plan and other permit requirements or closure order, or place the

penal sum of the bond into the standby

trust fund. * Or the appropriate State

authorities

The State will issue a compliance order

upon receivinga notice of cancellation of

the bond from the surety, unless the

owner/operator demonstrates alternate

financial assurance. If the owner/operator fails to demonstrate alternate financial assurance within 30 days± of issuance of a compliance order, the State may

direct the surety to place the penal sum

of the bond in the standby trust fund.

The owner/oper~tor may cancel the bond if

the State Director has given prior written

consent based on receipt of evidence of

alternate financi~l assurance acceptable

under State law.

C-16

State Cite

620(4) (c) (Lx)

620(6)

620(6) (c)

620(4)(c)(x)

620(6)

620(6) (c)

620(4)(c)(xi)

620(6)

620(6) (c)

Comments

No state equivalent

.J

.I
..

- Federal (.. ;.e

264.14~(c)(12)

264.145(c)(13)

264.143(c)(13)

264.143(d)(1)

265.143(c)(l)

2~4.145(d)(1)

265.145(c)(1)

264.143(d)(2)

265.143(c)(2)

264.145(d)(2)

265.145(c)(2)

State Requirement

The State Director will notify the surety

if the owner/operator provides alternate

financial assurance acceptable under State

law.

.\

The surety will not be liable for deficiencies in performance of closure/postclosure by the'owner/operator after the

State has notified the owner/operator that

he is no longer required to maintain

financial assurance due to the completion

of closure/post-closure requirements.

Closure and/or Post-Closure letters

of Credit

The institution issuing the letter of

credit must have authority to issue

letters of credit and its credit operations must be regulated and examined by a

Federal or State agency. The owner/

operator must deliver the letter of credit

to the State Director by certified mail;

for new facilities the letter of credit

must be delivered to the State Director at

least 60 days± before hazardous waste is

first received ~t the facility, and the

letter of credit must be effective before

the initial receipt of hazardous waste.

The wording of the letter of credit must

be identical

* to the wording specified in

section 264.151(f) or 265.151(d). * Some wording changes may be needed

to make these instruments applicable

in an authorized State. However. the

policy and legal intent must be

substantially equivalent or more

stringent.

C-17

State Cite

620(4) (c) (xii)

620(6)

620(6)(c)

620(4) (c) (xiii)

620(6)

720(6) (c)

620(4) (d) (L)

620(6)

620(6) (d)

620(4) (d) (Lf.)

620(6)

620(6)(d)

Comments .~ ..

)
Federal Cite

264.143'<d)(3)

265.143'(c)(3)

264.145(d)(3)

265.145(c)(3)

264.143(d)(4)

265.143(c)(4)

264.145(d)(4)

265.145(c)(4)

264.143(d)(5)

265.143(c)(5)

264.145(d)(5)

265.145(c)(5)

264.143(d)(6)

265.143(c)(6)

264.145(d)(6)

265.145(c)(6)

:-

State Requirement

The owner/operator must establisha standby trust fund by the time the letter of

credit is obtained. All amounts paid

pursuant to a draft on the letter of

credit must be 'deposited directly into the

standby trust fund.* This trust fund must

meet the requirements of .143(a)/.145(a),

except that an originally signed duplicate

must be delivered to the State Director,

and, aftera nominal initial payment,

subsequent payments are not required until

the standby trust fund is funded pursuant

to the State requirements. * A standby trust is unnecessary if

the State can receive and direct

expenditure of the money.

The letter of credit must be irrevocable

and issued fora period of at least one

year. The letter of credit must provide

that the expiration date will automatically be extended for a period of at least

one year. If the issuing institution

decides not to extend the letter of credit

beyond the current expiration date, it

must notify by certified mail both the

owner/operator and the State Director of

his intent at least 90 days± before the

expiration date. Expiration cannot occur,

however, while a compliance procedure is

pending.

The letter of credit must be issued for at

least the amount of the adjusted closure/

post-closure cost estimate.

Whenever closure or post-closure cost

. estimates increase, the owner/operator has

60 days± to increase the amount of credit

to an amount at least equal to the new

C-18

State Cite

620(4) (d) (iii)

620(6)

620(6)(d)

620(4) (d) (iv)

620(6)

620(d)

620(4) (d) (v)

620(6)

620(6) (d)

620(4) (d) (vi)

620(6)I

620(6) (d)

Comments

)
rr-.

FederalL ;e

264. 145(d)(7)

265. 145(d)(7)

264. 143(d)(7)

265. 143(c)(7).

264. 145(d)(8)

265. 145(c)(8)

264. 143(d)(8)

265. 143(c)(8)

264. 145(d)(9)

265. 145(c)(9)

264. 143(d)(9)

265. 143(cH9)

State Requirement

estimate, or obtain other financial assurance to cover the increase. If the amount

of the credit is greater than the adjusted

·closure/post-closure cost estimate, the

amount of the credit may be reduced to the

amount of the estimate upon the State's

written approval.* Notice of a change in

the amount of the credit must be sent to

the State by certified mail within 60

days! of the change. * This reduction provision (only) is

an optional requirement.

The State may approve a reduction of the

post-closure letter of credit only if the

owner/operator demonstrates that the

remaining cost of post-closure care is

less than the amount of the letter of

credit.

The State is empowered to draw upon the

letter of credit upona judicial determination that the owner/operator failed to

perform closure or post-closure care in

accordance with the applicable plans or

permit requirements.

The State will issue a compliance order

upon receivinga notice from the issuing

institution that it will not extend the

letter of credit beyond the then current

expiration date, unless the owner/operator

demonstrates alternate financial assurance. If the owner/operator fails to

demonstrate alternate financial assurance

within 30 days! of issuance of a compliance order. the State is empowered to draw

on the letter of credit.

There are two alternative conditions for

termination of the letter of credit:

C-19

State Cite

620(4)(d)(vi)

620(6)

620(6)(d)

620(4) (d) (vii)

620(6)

620(6) (d)

620(4) (d) (viii)

620(6)

620(6) (d)

620(4)(d) (ix)

620(6)

620(6) (d)

Comments ',-

)

)
-----~ --~-------~-----

Federal Cite

264.14S(d)(10)

265.145(c)(10)

264.147(a)

265.147(a)

264.147(a)

265.147(a)

--

State Requirement

(1) Substitution of alternate financial

assurance, or (2) State notification that

the owner/operator is no longer required

to maintain financial assurance due to

completion of closure/post-closure care.*

* See guidance on .143(h) and

.145(h) in this chapter.

Liability Insurance

Owners/operators of TSO facilities must

obtain liability insurance for sudden and

accidental occurrences by the effective

date of the Federal regulations (October 13,

1981).* The level of coverage must be at

least $1 million per occurrence with a $2

million annual aggregate, exclusive of

legal defense costs~**

* Or the effective date of State

regulations.

** New facilities must send a copy

of the policy to the State at least

60 days± before hazardous waste is

first received at the facility; the

policy must be effective before

hazardous waste is first received at

the facility.

Each insurance policy must be accompanied

by the Hazardous Waste Facility Liability

Endorsement. The wording of the endorsement must be identical* to the wording

specified in section 264. 151(g) or

265.151(e).

* Some wording changes may be needed

to make these instruments applicable

in an authorized State. However, the

C-20

State Cite

620(4)(d)(ix)

620(6)

620(6)(d)

620(8)

Comments

NOTE 2. State regulatior j

do not go into great deta1i

as did EPA. State language

provides broad authority

over the amounts of liability

insurance to be required

of owners/operators of TSD

facilities. The ~tate will

be working with EPA to deve Loj

department guidelines.

SEE. NOTE 2
.-... .-

Federal t.. Ie

264.147{b)

265.147{b)

State Requirement"

policy and legal intent must be

sUbstantially equivalent or more

stringent.

Owners/operators of surface impoundments,

landfills, and land treatment laciliti~s

are required over phase-in periods to

demonstrate financial responsibility for

claims arising from .nonsudden occurrences.

The level of coverage must be at least $3

million per occurrence with $6 million

annual aggregate, exlusive of legal defense costs.* * New facilities must have an

originally signed duplicate of the

policy sent to the State Director in

at least 60 days! before hazardous

waste is first received at the facility.

(1) Liability requirements for owners/

operators who had

a total of $10,million

or more in annual sales during the last

calendar year preceeding the effective date

of the Federal regulations (October 13,

1981),* must be .met6 months after the

effective date of these regulations.**

(2) Liability requirements for owners/

operators whose annual sales totaled more

than $5 million but not more than $10

million during the last calendar year

preceeding the effective date of the

Federal regulations (October 13, 1981),*

must be met 18 months after the effective

date of the regulations.**

(3) Liability requirements for all other

owners/operators must be met 30 months \

'\

C-21

State Cite Comments

SEE NOTE 2

-.-

,

.i
Federal Cite

264.147(b)

265.147(b)

264.147(c)

265.147(c)

264.147(d)

265.147(d)

---

State Requirement

after the effective date of the Federal

regulations* (October 13, 1981).** * Or the effective date of State

regulations.

**A state may Choose to be more

stringent than these regulations.

However, EPA recommends these standards because the phasing schedule is

deslgned to encourage development of

the insurance market for small facilities over time.

Each insurance policy must be accompanied

by the Hazardous Waste Facility Liability

Endorsement. The wording of the endorsement must be identical* to the wording

specified in section 265.151(g) or

265.151(e). * Some wording changes may be needed

to make these instruments applicable

in an authorized State. However, the

policy and legal intent must be

substantially equivalent or more

stringent.

If an owner/operator uses one insurance

policy to cover both sudden and nonsudden

occurrences, the policy must be in the

amount of at least $4 million per occurrence with an annual aggregate of at least

$8 million, exclusive of legal defense

costs.

An owner/operator may obtaina variance

from these requirements if the State"

determines that the financial responsibility required is not consistent with the

degree and duration (f risk associated

C-22

State Cite Comments

SEE NOTE2

SEE NOTE2

SEE NOTE2
.....--. Federal .. ~e State Requirement r: State Cite Comments -.-

264. 147(e)

265. 147(e)

264. 147(e)

265. 147(e)

with the treatment, storage, or disposal

at each facility or group of facilities.

The variance is an adjusted level of

required liability coverage which is

processed as if it were a permit modification. The owner/operator must provide

the technical and engineering information

necessary to make

a determination on a

request fora variance. The State must

agree to keep EPA informed of variances

through the MOA. The owner/operator must

apply for

a variance as part of the permit

application, or pursuant to the procedures

for permit modification.

The State may adjust the level of financial responsibility required by the TSO

facilities if necessary to protect human

health and the environment. The adjusted

level should be based on the State's

assessment of the degree and duration of

risks associated with the ownership and

operation of each facility or group of

such facilities.

The State may require treatment and storage facilities to provide coverage for

nonsudden occurrences if it determines

there is significant risk to human health

and the environment resulting from such

occurrences due to the operation of the

facility or group of such facilities. The

owner/operator must furnish any information requested by the State in its determination of whether the level or type of

coverage should be adjusted.

C-23

SEE NOTE 2

SEE NOTE 2

.))
Federal Cite

264. 143(g)

265. 143(f)

264. 145(g)

265. 145(f)

264. 143(h)

265. 143(g)

264. 145(h)

265.145(g)

264. 143(i)

265.143(h)

State Requirement

Use of Multiple Financial Mechanisms

The owner/operator may use a combination

trust funds, surety bonds 9uaranteeing

payment intoa closure/post-closur'e trust

fund, and letters of credit to provide

financial assurance in an.amount at least

equal to the adjusted closure/post-closure

cost estimate. If the owner/operator uses a trust fund in combination with a surety

bond or letter of credit, he may use the

trust fund as the standby trust fund for

the bond or letter of credit. The State

is empowered to invoke any or all of the

mechanisms to provide for closure/postclosure care.

Use of a Financial Mechanism for Several

Facilities

The owner/operator may use a single trust

fund, surety bond or letter of credit to

provide financial assurance for more than

one facility, provided that the amount of

funds available through the single mechanism is not less than the sum of funds that

would have been available ifa separate

mechanism had been established and maintained for each facility. The evidence of

financial assurance submitted to the State

Oirctor must identify each facility and

the amount of funds for closure/postclosure assured by the mechanism.

Release of the Owner/Operator From

Financial Assurance Requirements

Within 60 days± after receiving notification from an independent registered professional engineer that closure has been

accomplished in accordance with the clo-

(-24

State Cite

620(4)(g)

620(4)(h)

620(4)(i)

Comments
.~ Federal Ci~,;e

264.145(i)

265.145(h)

264.146

265.146

264.148

265.148

State Requirement_~~.

sure plan, the State will notify the

owner/operator that financial assurance

for closure of the facility is no longer

required, unless the State has reason to

believe that closure has not been in

accordance with the closure plan.

When the State is satisfied that the

owner/operator has completed all postclosure care required for the period

specified in the permit for the facility*

or the period specified by the State,

whichever is shorter, the State will

notify the owner/operator that financial

assurance for post-closure care of the

facility is no longer required. * For existing facilities the postclosure care period is 30 years, or

the period specified by the state.

Use of a Financial Mechanism for Both

Closure and Post-Closure Care

The owner/operator may use a single trust

fund or letter of credit to provide financial assurance for both closure and postclosure care of one or more facilities,

provided that the amount of funds available through the single mechanism is not

less than the sum of funds that would be

available if separate mechanisms had been

established and maintained for closure and

post-closure care of each facility.

Incapacity of Institutions Issuing

Financial Mechanisms or Insurance

In the event of.bankruptcy, insolvency, or

suspension or revocation of the li~~nse"or

C-25

r: State Cite

620(4) (1)

620( 7)

620(9)

Comments '-r

)J
Federal Cite

-

State Requirement

charter of the institution issuing a

surety bond, letter of credit or insurance

policy, the owner/operator must estabish

other financial assurance or liability

coverage within 60 days.±

..,

(-26

State Cite Comments

)

)

-',
/'

APPENDIX D

PHASE II COMPONENT B
Federal Cite

SUBPART P- INCINERATORS

§264.340

Applicabn ny

State Requirement State Cite Comments

(a)

(b)

These regulations apply to owners and operators of facilities that incinerate hazardous

waste.

If the State Director finds that the wastp.

to be burned:

670(1)(a)

670 (l)(b)

(c)

\

(1)

(i)

(i i)

(~)

'-

IS4either:

listed as a hazardous waste because it is

ignitable; or

meets only the ignitability characteristic;

and

The waste analysis includes none of the

hazardous constituents listed in 40 CFR

Part 261, Appendix VIII;

then the State Director may, in establishing the permit conditions, exempt the

applicant from this Subpart except for

the (Waste Analysis) and (Closure)

Rules. (However, State programs need not

provide for this exemption.)

The owner or operator may conduct trial·

burns subject only to the requirements of

40 CFR Part 122.27(b).· (State programs

may establish more comprehensive trial

burn procedures.)

'l

0-2

670 (b) (i)

670(b)(i)

670(b) (11)

670(c)

)

State has rationale on

limiting threshold concentrations. Background document

is attached "Quantative

Approach to Classification

of Hazardous Waste".

, )
.---- , I

Fed!ral l.ve

§264.341

Waste Analysis

(a)

(b)

§264.342

Principal organic

hazardous consti-

'tuents (POHCs).

(a)

(b)(l)

(2)

§264.343

Performance

standards

(a)

State Requirement

Asa Section of a trial burn plan or

as required by Part

B of a permit

application, an analysis of the waste

feed must have been included to provide all information required by 40 eFR Parts

122.27(b)(2) or 122.5(b)(5).

Throughout normal operation the owner or

operator must conduct waste analysis to

verify that the waste feed is within

limits specified in his permit.

Principal Organic Hazardous Constituents

(POHCs) in the waste feed must be treated

to the extent required by the standard

in § 264.343.

POHCs will be specified for each waste

feed. Specific~tion will be based on the

difficulty of incineration and on the

concentration or mass in the waste feed.

Trial POHCs will be designed for performance of trial burns. '

An incinerator will meet the following

performance standards:

[It] must achievea rlestruction removal

efficiency (ORE) of ~')9. 99% for each POHC

in its permit for each waste feed. w w' ORE =( in - out) x 100%

w.. 1n

0-3

State Cite

670(2)(a)

670(1) (b) (L)

670(1) (b) (ii)

805(3) (a)

670(2)(b)

670 (3)

670(3)

670 (3)

670(4)

670(4) (a)

Comments

.))
Fe.deral Cite

(b)

(c)

(d)

§264.344 New

wastes: trial

burns or permit

modifications.

(a)

State Requirement

~e~:

Win = Mass feed rate of one principal

organic hazardous constituent (POHC) in

the waste stream feeding the incinerator.

and

Wout =Mass emission rate of the same

POHC present in exhaust emissions

prior to release to the atmosphere.

DRE = Destruction removal efficiency

An incinerator burning hazardous waste

containing more than 0.5% chlorine must

remove 99% of the hydrogen chloride from

exhaust gas.

An incinerator must not emit particulate

matter exceeding 180 milligrams per dry

standard cubic meter when corrected for

12% CO?' using procedures in 40 CFR 60.50

Subpart E.

For permit enforcement, compliance with

the permit will .be regarded as compliance

with this Section. However, ~vidence

that permit compliance is insufficient to

ensure compliance with the performance

requirements may justify permit modification, revocation, or reissuance.

The owner or operator may burn only wastes

.specified in his permit only under operating conditions specified except:

D-4

State Cite

670(4) (a)

670 (4)(a)

670 (4) (c)

670(4)(d)

670(4)(e)

670(5)(a)

Comments

)

Where local air pollution

control agencies have more

stringent emission standards

incinerators must comply with

local standards

)

,
;~,

Federal (. ...e

(1)

(2)

(b)

S 264.345 Operating requirements.

(a)

(b)

State Requirement

In approved trial burns

Under exemptions created by § 264.340.

Other wastes may be burned only after

operating conditions have been specified

in a new permit or a modification.

An incinerator must be operated in accordance with the permit.

Operating requirements will specify the

composition and acceptable variation of the

composition of the waste feed; the permit

will specify operating limits including:

State Cite

670(5) (a) (1)

670(5) (a) (Lf.)

670 (5) (a) (iii)

670 (6)(a)

670(6)(b)

Comments

,'-,

, .,

)

(1)

(2)

(3)

(4)

(5)

(6)

(c)

(d)

(1)

(2)

. CO level in stack exhaust;

waste feed rate;

combustion temperature;

air feed rate;

allowable variations in system design or

operating procedures; and

other requirements as necessary.

During start-up and shut-down, waste must

not be fed into the incinerator unless it

is operating within the conditions

specified in the permit.

Fugitive emissions must be controlled by:

keeping the combustion zone sealed; or

maintaining a combustion zone pressure

lower than atmospheric pressure; or

0-5

670(6) (b) (i)

670(6) (b) (Lf)

670(6) (b) (iii)

670(6) (b) (Lv)

670 (6) (b) (v)

670 (6) (b) (vi)

670 (6)(c)

670(6)(d)

670(6) ('d) (:1)

670(6) (d) (Lf.)
Federal Cite

(3)

(e)

(f)

§264.347

Monitoring and

inspections.

(a)

(1)

(2)

(3)

(b)

(c)

§264.351

Closure

-..

state Requirement

alternate means equivalent to maintenance

of combustion zone pressure lower than

atmospheric pressure.

An incinerator must automatically cut off

waste feed when conditions deviate from

limits established under paragraph (a) of

this Section.

An incinerator must cease operation when

changes in waste feed design or operation

cause a permit violation.

The owner or operator must conduct monitoring [during operation, of the following

parameters:]

Combustion temperature, waste feed rate,

and air feed rate on a continuous basis.

CO on a continuous basis downstream of the

combustion zone .prior to release.

Waste and exhaust emissions upon request

by the State Oirector.

The incinerator and equipment must be inspected daily fot leaks, spills and fugitive

emissions. All emergency cut-off controls

and system alarms must be checked daily.

Monitoring and inspection data must be

recorded in the operating log.

At closure the owner or operator must

remove all waste and waste residues· from

the site.

0-6

State Cite

670(6) (d) (iii)

670(6)(e)

670 (6)(f)

670(7)(a)

670(7) (a) (L)

670(7) (a) (Lf)

670 (7)(a)(iii)

670 (7)(b)

670 (7)(c)

670(8)

Comments
-'

APPENDIX D

PHASE II COMPONENT B

- y-

..
Federal Cite

SUBPART 0 - INCINERATORS

§264.340

Applicabi 1i ty

State Requirement State Cite . Comments

(a)

(b)

\

'(1)

(i)

(11)

(2)

'(c)

'-

These regulations apply to owners and operators of facilities that incinerate hazardous

waste.

If the State Director finds that the wastp.

to be burned:

Is ei ther:

listed as a hazardous waste because it is

ignitable; or

meets only the ignitability characteristic;

and

The waste analysis includes none of the

hazardous constituents listed in 40 CFR

Part 261, Appendix VIII;

then the State Director may, in establishing the permit conditions, exempt the

applicant from this SUbpart except for

the (Waste Analysis) and (Closure)

Rules. (However, State programs need not

provide for this exemption.)

The owner or operator may conduct trial

burns sUbject only to the requirements of

40 CFR Part 122.27{b).· (State programs,

may establish more comprehensive trial

burn procedures.)

'l

D-2

670(1) (a)

670 (l)(b)

670(b) (i)

670(b)(i)

670(b)(ii)

670(c)

! )

State has ratIonale on

limiting threshold concentrations. Background document

is attached "Quantative

Approach to Classification

of Hazardous Waste".

)
· .~

-..

APPENDIX E

PERMIT REQUIREMENTS
,-.

Federal C.

PART 1,22

§ 122.4 Application for a permit

State Requirement

PERMIT PROGRAMS

\

,.-

State Cite Comments -

" .

(a)

(b)

(c)

(d)

§ 122.6 Signatories to permit

applications

and reports.

(a)

Permit application.

Any person required to have a permit shall

complete, sig~, and submit an application . to the Director. Persons currently

authorized with interim status shall apply

for permits when required by the Director.

Either the owner or operator should

obtain the permit; the owner should

co-sign the application when the operator

applies for the permit.

Completeness. The Director shall not

process a permit application before

receiving a complete application for

permit (except RCRA permits by rule or

emergency permits).

The State program must require that the

applicant provide sufficient information

to specify the location of the facility

and its status regarding related environmental regulatory programs.

All permit applications must be signed

by an individual who is authorized to

represent and legally bind the facility

and subject it to liability in an

enforcement action. (In most cases,

characteristics 1-3 below can be

considered by the State as a guide.)

E-3

800(1)

815 (1)

815(2)

815(12)

815 (13)

815(6)

815(8) (a)

815 (8)(b)

810(12)

; >

See Part A permit form that is

attached to the Program Description. Form is nearly identical

to EPA's form.
Federal Cite

,(I)

(2)

(3)

(b)

(d)

§122.7

Conditions

applicable to

all permits

State Requirement

fora corporation: by a principal executive officer at least the level of vicepresident or other person who performs

similar policy-making functions for the

corporation;

\

fora partnership or sole proprietorship:

by a general partner or the proprietor;

fora municipality, State, Federal, or

other public agency: by eithera

principal executive officer or ranking

elected official.

Reports. All reports required by permits

shall be signed by a person described in

paragraph (a) or by a duly authorized

representative.

A person signinga document shall make

certification of the accuracy of the

document, and awareness of the penalties

for inaccurate statements.

All permits must contain conditions

sUbstantially equivalent to the

following conditions.*

State Cite

810(l2)(a)

810(12) (b)

810(12)(c)

810(13)

810(13)

810(1)

Comments

)

* States may use flexibility in

applying the requirements of this

section to achieve the same ends.

\

./

(a)

(c)

'--.

Duty to comply. The permittee must comply with all conditions of the permit.

Noncompliance constitutes grounds for

enforcement action, permit termination,

revocation and reissuance, modification,

or denial of renewal.

Duty to halt or reduce activity. It

shall not be a defense fora permittee

in an enforcement action that it would

E-4

810(2)

810(4)

.a '-

"'
.- Federal (

e

(d)

(e)

(f)

(h)

(i)

(1)

(2)

State Requirement

have been necessary to halt or reduce

activity in order to maintain compliance.

Duty to mitigate. The permittee shall

take all reasonable steps to minimize

or correct any adverse impact on the

environment resulting from noncompliance.

Proper operation and maintenance. The

permittee shall at all times properly

operate and maintain all facilities and

systems of treatment and control to

achieve compliance with the conditions of

this permit. This includes adequate

financing, staffing and training, laboratory and process controls, and back-up

systems when necessary to achieve

compliance with the permit.

Permit actions. The permit may be modified, revoked and reissued, or terminated

for cause. The filing of a request for

modification does not stay any permit

condition.

Duty to provide information. The permittee shall furnish to the DireGtor any

information requested to determine if

cause exists to modify, revoke and reissue

or terminate the permit, including any

records required to be kept.

Inspection and entry. Upon presentation

of credentials, the State Director or an

authorized representative shall be

authorized to:

Enter upon the permittee's premises where a regulated activity is located;

Have access to and copy any records that

must be kept;

E-S

State Cite

810(5)

810(6)

810 (7)

810(9)

810(10)

810(10) (a)

810(10) (b)

Comments ..-..

"

.1
Ff!deral Cite

(3)

(4)

(j)

(k)

(1)

§ 122.8

Establishing

permit

conditions

(b)(l)

(2)

-

State Requirement

Inspect any facilities, equipment, practices, or operations regulated under this

permit;

Sample or monitor any substances or parameters at any location.

Monitorfng and records. The State program

shall provide for adequate monitoring and

recordkeeping of monitoring results by the

permittee.

Signatory requirement. All information

submitted by the permittee shall be signed

and certified.

Reporting requirements. The Stare program

shall provide for reporting by the permittee as may be specified in the permit,

including instances of noncompliance,

(including immediate reporting of endangerment to health or the environment) the

submission of relevant facts which it

failed to provide in the permit application, and planned changes to the facility.

The Director shall also establish conditions on a case-by-case basis in permits

to assure compliance with all applicable

requirements of the appropriate Act or

regulations.

For a State issued permit, an applicable

requirement is a State statutory or regulatory requirement which takes effect

prior to final administrative disposition

of a permit. For State programs an applicable requirement is also any requirement

F-fi

State Cite

810(10) (c)

810(10) (d)

810 (11)

810(12)

810(14)

800 (1)

800(2)

Comments

Includes all reporting information required by permittee

(very extensive)

" )

Includes all reporting information required by a permittee

that may be a condition of the

permit

**The intent of EPA's language

is captured in the state

regulation Section BOO -- )

Permit Requirements for DW

Management Facilities. (This

comment applies to remaining

doubled starred citations.)

**
·-,

.-

"

Federalte State Requirement State Cite Comments

which takes effect prior to the modification, revocation and reissuance of a

permit, unless the requirement ;s independently applicable and enforceable ;n the

absence of a permit.

(3) New or reissued permits, and modified or

revoked and reissued permits, shall incor-

**

porate applicable requirements substantially equivalent to 40 CFR Part 264 and 266.

[Note that no 40 CFR Part 266 Rules have

been promulgated in final or interim final

I ,,) form, but that several rules have been

proposed.] ,.I

(c) All permit conditions shall be incor- **

porated either expressly or by reference,

with citations to applicable regulations.

§122.9

Duration of

Permlts

(b) State RCRA permits shall be effective for 825(2)(a) a fixed term not to exceed 10 years (per- 825(2)(b)

mits may be issued for less than 10 year

terms) .

(d) The term of a permit shall not be extended 825(2) (c)

)

by a modification action beyond the maximum

duration.

§122.10

Schedules of

Compliance*

* States may be flexible in applying

the requirements of this section.

(a) Permits may, whe~e appropriate, allow for a schedule of compliance to meet. requirements of the re~Jlation and Act.

E-7

830(6) (a)
Federal Cite State Requirement State Cite Comments

830 (6) (c)

830(6) (b)

830(6) (c) (1)

(1)

(3)

(i)

(i i).

Any schedules of compliance shall require

compliance as soon as possible.

Ifa permit establishesa schedule of compliance which exceeds 1 year from permit

issuance, the schedule shall set forth

interim requirements and the dates.

The time between interim dates shall not

exceed 1 year.

If any interim requirement is more than 1 830(6)(c)(ii)

year and is not readily divisible into stages, the permit shall specify interim

dates'for submissi0n of reports of progress.

.)

(4) The permit shall require that no later

than 14 days± following each interim date

and the final dale of compliance, the permittee shall notify the Director in writing

of its compliance or noncompliance with

the interim or final requirements.

830 (6) (d)

§122.11 Requirements for recordkeeping and reporting of monitoring

. results. All permits shall specify:

(a) requirements concerning the monitoring

equipment or methods;

(b) required monitoring; [and]

(c) applicable reporting requirements.

§122.13 Effect of a permi t.

(a) States may provide that compliance with

the permit constitutes compliance, for

purposes of enforcement, with the appropriate enabling Act.

810 (11) a)

810(11) (a) (L)

810 (11) (a) (it)

810(11) (c)

810(11) (d)

810(1)

- E-8
'-',

FederalL .~

(b)

§122.14 Transfer

of permits

(a)

§122.15

Modification

or r.evocation

and reissuance

of permits.

§122.16

Termination of

permits

(a)

State Requirement

The issuance of a permit does not convey

any property rights. A permit may be transferred to a new

owner or operator only if the permit has

been modified or revoked and reissued, or

a minor modification made to identify the

new permittee and incorporate such other

requirements as may be necessary under

the appropriate Act.

When the Director receives any information, receives a request, or upon his or

her own discretion he or she may determine

whether or not cause for modification or

revocation and reissuance or both exist.

If cause exists, the Director may modify or

revoke and reissue the permit accordingly.

The State program shall specify causes for

modification and revocation and yeissuance

of permits (see §122.15(a) and (b) for

guidance).

The State program must specify causes for

terminatinga permit during its term, or

for denying a permit renewal application.*

State Cite

810(8)

830(2)

830(3)

830(3) (a)

830(3) (b)

830 (3) (c)

825(4)

Comments ......

)

§122.19

Confidentiality

of information

* See §122.16(a) for guidance.

(b) Claims of confidentiality must be denied

for:

E-9

810(15)
Federal Cite

(1)

§ 122.21

Scope of the

RCRA Permit

Requirements.

(d)

State Requirement

the name and address of any permit applicant or permittee.

State statutes and regulations requlre

permits for facilities engaged in the

following activities:

(Applicable to Component A)

State Cite

·~-----------------.- ---- --..._----

Comments

No state regulation specifically

denies confidentially based

solely on the name and address.

However, s~ction 810(15) does

set forth the requirements that

the permittee must meet before

confidentially is granted.

)

-

o

o

o

o

o

the storage of hazardous waste in

containers;

the storage or treatment of hazardous

waste in tanks, surface impoundments,

and waste piles;

injection wells that dispose of

hazardous waste*;

treatment, storage, or disposal of

hazardous waste at facilities requiring an NPOES permit* (States may

provide a limited exclusion for

wastewater treatment tanks pending

final promulgation of special standards for these facilities - see

45 FR 76074, 76075); and

barges or vessels that dispose of

hazardous waste by ocean disposal,

and hazardous waste facilities associated with an ocean disposal operation.*

*Injection wells, POTW's and ocean

vessels may be covered by permit-byruled provisions (see §123.129(f».

E-ll,

630

640

650

660

805 (l)(b)

805 (2)

805 (1)

805 (1) (d)

805 (1) (a)

640 - standards for tanks

650 - standards for surface

impoundment

660 - standards for waste piles

Permit by rule

Permit by rule

. I

i

I
-"

federal i. .'e State Requirement

(Applicable to Component B)

State Cite Comments ..-

o The treatment of hazardous wastes in

i nci nerators.

805(3)

fie

§122.22

Application

for a permit

(a)

(b)

(cHI)

(i i i)

Except that the State may allow facilities

which would qualify for interim status

under the Federal program to remain in

operation pending permit action if they

comply with State facility standards

substantially equivalent to EPA interim

status standards applicable to the facility.

A HWM facility with the State equivalent to

interim status shall be required to submit

a complete permit application upon request.

Failure to furnish a requested complete

application on time is grounds for termination of interim status.

No person shall begin physical construction of a new HWM facility without having

submitted a complete permit application

and received a RCRA permit.*

See further explanation in the introduction to this chapter.

If the State provides for a two-part

application process and an equivalent to

interim status, the State shall require

any owner or operator of a HWM facility

that has filed an EPA Part A permit application but has not yet filed Part B of a

complete application, to file an amended

Part A application:

as necessary to comply with provisions for

changes during interim status (such as

changes in wastes handled, processes used

and changes in ownership).

E-Il

815 (2) (a)

815(1)

820(4)

820 (4) (c)

815 (3)

820(2)

820(3)

820(2)

820(3)

State has same provisions

as EPA

: }
Federal Cite

(2)

State Requirement

A facility which fails to comply with the

updating requirements does not ~eceive

interim status as to the wastes not covered

by duly filed Part A applications.

State Cite

820(2)(a)

Comments

State regulation meets EPA's

intent

§122.24

Contents of

Part A*

'* The State permit application need not

be a two-stage process t as in the EPA

and B process. The State application

process must require information in

sufficient detail to satisfy the

requirements of §§122.24 (EPA Part A)

and 122.25 (EPA Part B). The general

content of both Part A and B is

presented for the general information

of the State. The State should

compare its required application

information with these descriptions

in order to assess the comprehensiveness of its process with the EPA

process t and present appropriate

documentation.

815(1)

815 (8)

)

PART A

(a)

(b)

(c)

(d)

(e)

-

The latitude and longitude of the facility.

The name t address t and telephone number of

the owner or the facility.

An indication of whether the facility is

new or existing and whether it is a first

or revised application.

For existing facilities, a scale drawing

of the facilitYt showing the location of

treatment t storage, and disposal areas.

I

For existing facillties t photographs of

the facility. "

E-1::'

815 (8)(a) Refers to Part A permit application form on file with

the department. This permit

form can be found in the

Program Description. State

form is nearly identical to

EPA.
,~

F~deral (, State Requirement ,.- State Cite Comments --.

(f)

(g)

A description of the processes to be used

and the design capacity.

A specification of the hazardous wastes

listed, an estimate of the quantity of

such wastes, and a description of the

processes to be used for such wastes.

A description of the security procedures 815(8) (b) (iv)

and equipment required or a justification ' demonstrating the reasons for requesting

a waiver of this requirement.

State requires more detailed

information than EPA

State does not include "request

for waiver" here but later

in the Petition Section 910

815 (8)(b)

815(8) (b) (ii)

815 (8)(b)(i)

See discussion on §122.24 on

previous page.

A general description of the facility.

*

Chemical and physical analyses of the

hazardous wastes to be handled at the

facility, including information which

must be known to handle the wastes

properly under Part 264.

(3) A copy of the waste analysis plan. 815(8)(b)(iii)

(4)

(a)(l)

(2)

§122.25

Contents

of Part B*

A copy of the general inspection schedule. 815(8) (b) (v)

A justification of any request for a 815(8) (b) (vi)

waiver(s) of the preparedness and prevention requirements.

(5)

(6)

(7)

(8)

(i)

A copy of the contingency plan.

A description of procedures, structures,

or equipment used at the f acility to:

prevent hazards in unloading operations;

815 (8) (b) (vii)

815 (8) (b) (viii)

815(8) (b) (viii) (B)

:. )

State does not include language

for waivers. The permittee may

petition the department under

Section 910

E-13
Federal Cite

(ii)

(i i i)

(iv)

(v)

(9)

(10)

(11)

(1)

(ii)

State Requirement

prevent runoff from hazardous waste handling areas to other areas;

prevent contamination of water supplies;

mitigate effects of equipment failure and

power outages; and

prevent undue exposure of personnel to

hazardous waste.

A description of precautions to prevent

accidental ignition or reaction of ignitable, reactive, or incompatible wastes.

Traffic pattern, estimated volume and

control.

Facility location information:

In order to determine the applicability of

the seismic standard the owner or operator

must identify the political jurisdiction

in which the facility is proposed to be .

located.

If the facility is proposed to be located

in an area listed in Appendix VI of Part

264, the owner or operator shall demonstrate compliance with the seismic standard. This demonstration may be made using . either published geologic data or data

obtained from field investigations carried

out by the applicant. The information

provided must be of such quality to be

acceptable to geologists experienced in

identifying and evaluating seismic activity. The information must show either:

State Cite

815(8)(b)~iii)(C)

815(8)(b) (viii) (D)

815(8) (b) (viii) (E)

815(8) (b) (viii) (F)

815(8)(b~iii)(A)

815 (8) (b) (x)

815(8) (b) (xi)

Comments

)

*The state references the federal

regulation 40CFR 122.25 for

additional requirements,

including changes thru July 7,

1981. (*indicates those fo11ow~

ing sections which this comment

applies, see Pages E-14 to E-21.;

*

)

(A) No faults which have had displacement in

Holocene time or no lineations which suggest the presence of [such] a fault within

*

- . E-14
_.

Federal', ,e -- State 'Requirement

3,000 feet of a facility based on data

from:

(1) published geologic studies,

(2) aerial reconnaissance withina fivemile radius, [and]

(3) analysis of aerial photographs covering a 3,000 foot radius of the facility.

(4) If needed to clarify the above data, a reconnaisance based on walking

portions of the area within 3000 feet

of the facility, or

State Cite

****

Comments -r-.

(8) If faults which have had displacement in

Holocene time are present within 3,000

feet of a facility, it must be established

that no faults pass within 200 feet of the

portions of the facility where treatment,

storage, or disposal of hazardous waste

will be conducted, based on comprehensive

geologic analysis of the site. If analysis

is inconclusive, data shall be obtained

froma subsurface exploration (trenching)

of the area. Such trenching should be in a direction perpendicular to known faults.

Any faults found must be documented with

maps and other analyses.

(iii) Owners and operators of all facilities

shall provide an identification of whether

the facility is located within

a 100-year

floodplain.

(iv) Owners and operators of facilities located

in the 100-year floodplain must provide:

(A) engineering analysis to indicate the

various hydrodynamic and hydrostatic

forces expected to result at the site as

a consequence of a 100-year flood;

E-15

 
Federal Cite State Requirement State Cite Comments

(8) structural or other engineering studies

showing the rlesign of operational units

and flood protection devices at the

facility and how these will prevent

washout;

(C) if applicable, and in lieu of paragraphs

(A) and (8) above, a detailed description

of procedures to be followed to remove

hazardous waste to safety before the

facility is flooded, including timing of

such movement relative to flood levels,

the location(s) to which the waste will

be moved "and demonstration that those

facilities will be eligible to receive

hazardous waste in accordance with the

regulations, the planned procedures,

equipment, and personnel to be used and

the potential for accidental discharges

during movement.

(v) Existing facilities NOT in compliance

shall providea plan showing how the

facility will be brought into compliance

and a schedule for compliance.

(12) An outline of both the introductory and

continuing training programs by owners or

operators to prepare persons to operate

or maintain the HWM facility in a safe

manner.A brief description of how

training will be designed to meet actual

job tasks in accordance with requirements.

(13) A copy of the closure plan and, where

applicable, lhe post-closure plan.

** ***

(14)

-

For existing facilities, documentation

thata notice has been placed in the deed

or appropriate alternate instrument as

required by §264~120.

E-1u

*

I

.I
,(""-,

Federal C,_e

(15)

(16)

State Requirement

The most recent closure cost estimate for

the facility plus a copy of the financial

assurance mechanism.

Where applicable, the most recent postclosure cost estimate for the facility

plus a copy of the financial assurance

mechanism adopted.

.-

State Cite

*

*

Comments -.

.

(17) Where applicable, a copy of the

policy or other documentation.

facility, documentation showing

amount of insurance.

insurance

For a new

the

*

(18)

(19)

Where appropriate, proof of coverage by a

State financial mechanism.

A topographic map showing a distance of

1000 feet around the facility. Contours

must be shown. The map shall clearly

show:

*

*

(i)

(i i)

\

(x)

M~" • date.

1ai n.

.•drawal well s.

. treatment, storage, or dis- ..,erations.

E-17

*

*

*

*

*

*

*

*

*

*

)
federal Cite

(xi)

(xii)

(b)

(1)

( i )

State Requirement

Barriers for drainage or flood control.

Location of operational units within the

facil ity si te.

The following additional information is

required from owners or operators of

specific types of HWM facilities that are

used or to be used for storage or treatment:

For facilities that store containers of

hazardous waste

a description of the containment system,

including.

State Cite

*

*

*

*

*

Comments

)

(A) Basic design parameters, dimensions, and

materials of construction.

(B) How the design promotes drainage or how

containers are kept from contact with

standing liquids.

(C) Capacity of containment system.

(0) Provisions for run-off control/prevention.

(E) How accumlated liquids can be analyzed

and removed to prevent overflow.

(ii) sketches, drawings, or data demonstrating

compliance;

(iii) where incompatible wastes are stored or

otherwise managed in containers, a

description of the procedures used to

ensure compliance.

(2) For facilities that use tanks to store or

treat hazardous waste:

(i) references to design standards or other

available information;

*

*

*

*

*

*

*

*

*

'- E ~J
-.. Federal (

e

(i i)

(;; i)

(iv)

(v)

(vi)

State Requirement

a description of design specifications,

including identification of construction

and lining materials;

tank dimensions, capacity, and shell

thickness;,

a diagram of piping, instrumentation, and

process fl ow;

description of feed systems, safety

cutoff, bypass systems, and pressure

controls;

description of procedures for handling

incompatible, ignitable, or reactive

wastes.

r"" State Cite

'Ie

'Ie

'Ie

'Ie

'Ie

Comments ..-...

'II

,-

"(3)

(i)

(i i)

(i ii)

(v)

For facilities that store or treat hazardous

waste in surface impoundments the owner

or operator must submit detailed plans

and specifications accompanied by an

engineering report. For new facilities,

the plans and specifications must be in .

sufficient detail to provide complete information to a contractor hired to build

the facility. For existing facilities,

the following comparable detail must be

provided: a statement of the minimum freeboard to

be maintained at the facility;

det4iled drawings of the structure which

is or will be provided to immediately sto~ flow into impoundment;

detailed drawings of any dikes which

exist;

design drawings ~nd specifications of the

liner(s) and the leachate detection,

collection, and\removal system;

E-19

'Ie

'Ie

'Ie

'Ie

'Ie

)
Federal Cite State Requi rement

_ State Cite Comments

(vi) liner installation instructions. For

existing facilities.a description of

installation procedures used;

(vii) design details of the leachate removal

system;

(viii) design plans and specifications of any

structures needed to comply with

§264.222(e);

***

(ix) the maintenance and repair procedures

proposed to comply with §§264.222(d) and

264.15(c);

*

)

(x) operating procedures that will ensure

compliance with §§264.229 and 264.230.

(xi) certification by a qualified engineer.

The owner or operator of a new facility

must submit a statement by a qualified

engineer that he will provide such a

certification upon completion of construction.

(4) For facilities that store or treat hazardous waste in waste piles:

(i)a description of practices to control

wind dispersal;

(ii)a detailed engineering description of the

facility design including:

(A) measures to divert run-on;

(B) the leachate run-off collection and

control system;

(C) the foundation supporting the base;

(D) design specifications of the pile base

and liner; and

*********

,.

(~ E-2L-
Federal (,

-

e State Requirement .,-..... State Cite --.

§122.26

Perm1ts

by rule

(a)

(E) estimated life of the hazardous waste

pile.

(iii)A detailed description of the facility

operating procedures which demonstrate

compliance including:

(A) efforts to protect the containment system

from plant growth;

(B) procedures to properly manage and dispose

of any leachate that is a hazardous

waste;

(C) a description and listing of all equipment

and procedures used to place the waste in

thepil e ; and

(D) efforts to separate hazardous waste that

is incompatible.

If the State program grants "Permits by

Rule". it cannot grant such permits to

any classes of facilities beyond those

specified in 40 CFR 122.26. If the State

allows permits by rule. the facility

must have and comply witha permit issued

under another statute as specified below

and must comply with conditions substantially equivalent to those cited in

§122.26. The classes of facilities. and

the conditions which must be met. for

permit by rule are generally described

below:

The owner or operator of a barge or other

vessel which accepts hazardous waste for

ocean disposal. if the owner or operator:

805 (1)

805 (1) (a)

******

)

(1)

(2)

has a permit for ocean dumping;

complies with the conditions of that permit;

E-21

805(1) (a) (L)

805(1) (a) (LL)
Federal Cite

(3)

State Requirement

complies with the following hazardous

waste regulations:

State Cite

805(l) (a) (iii)

Comments

The state also in this section

prohibits the disposal of EHW·

into an UlC well

., I:~c.'-' .~1 '~." ... > (.

(1)

(i 1)

(i i 1)

(iv)

(v)

(vi)

(b)

(1)

(2)

(c)

(1)

(2)

(3)

(1)

(i 1)

(i i 1)

(iv)

----

Identification number;

Manifest;

Manifest discrepancies;

Operating record;

Annual report; and

Unmanifested Waste Report.

The owner or operator of an injection

well disposing of hazardous waste, if the

owner or operator:

has a permit for underground injection;

and

complies with the conditions of that permit.

Th~ owner or operator of a POTW which

accepts for treatment hazardous waste, if

the owner or operator:

has an NPDES permit;

complies with the conditions of that

permit;

Complies with.the following regulations:

Identification number;

Use of manifest system;

Manifest discrepanices;

Operating record;

E-2L

805(1)(a) (iii)(A)

805(1) (a)(iii)(B)

805(1)(a) (iii)(B)

805(1)(a)(iii)(c)

805(1)(a) (iii)(D)

805(1) (a) (iii) (E)

805(1}(b)

805(1) (b)

805(1) (b)

805(1) (c)

805(1)(c)(i)

805(1) (c) (ii)

805(1) (c) (iii)

805(1)(c)(iii)(A)

805(1) (c)(iii)(B)

805(1) (c) (iii) (B)

805(1) (c) (iii) (C)

'-" , .. ... .. c.

)
-, Federal e .- State Requirement State Cite Comments -

.,

,

(v)

(vi)

(4)

§122.27

Emergency

permits.

§122.28 Additional conditions applicable

to all RCRA

permits

(al

(b)

(c)

Annual report;

Unmanifested waste report; and

If the waste meets all Federal, State, and·

local pretreatment requirements, which

would be applicable to the waste if it

were being discharged into the POTW through a sewer, pipe or similar conveyance. .

States may allow use of temporary emergency

permits for a 90-day period where the

Director finds there is an imminent and

substantial endargerment to human health

or the environment. The State must give

public notice of the permit and include

all applicable requirements of the State

hazardous waste facility standards, to the

extent possible and not inconsistent with

the emergency situation.

State programs shall require all permits

to contain conditions substantially

equivalent to the following:*

* States may use flexibility in

applying these requirements.

The permittee need not comply with the

conditions of this permit to the extent

and for the duration such noncompliance

is authorized in an emergency permit.

The permittee shall maintain records from

all ground monitoring wells and associated

groundwater surface elevations for the

active life'of the flcility and for

disposal facilities =or the post-closure

care period.

For a new HWM facility, the permittee may

not commence treatment, storage, or disE-23

805(l)(c) (iii) (D)

805(1) (c)(iii) (E)

805(1) (c) (iv)

805 (4)

810

810(2)

810(1l)(e)

810(14) (a)

In section 805(1) (c) (v) the

state prohibit~ the disposal

of EHW at POTW's

States' equiva1ant statements

are under section 810

General Permit Conditions

•

,

/
- ~~~- ..- ..--~_.__.~~~~~ "------

Federal Cite State Requirement State Cite Comments

(1)

posal of hazardous waste; and for a

fad 1ity being modified the permittee may

not treat, store, or dispose of hazardous

waste in the modified portion of the

facil i ty, unt i1:

The permittee has submitted to the Director

by certified mail or hand delivery a

letter signed by the permittee and a

registered professional engineer stating

that the facility has been constructed or

modified in compliance with the permit; and

810(14) (a) (i)

(2)(i) The Direclor has had a opportunity to inspect 810(14)(a)(ii)

the facility or waived that inspection.

(d)

(1)

The permittee must report to the State

Director within 24 hours:

information concerning release of any

hazardous waste that may cause an endangerment to public drinking water supplies;

810(14) (f)

810(14) (f) (i)

The s tate section says "iunnediate"

and not 24 hours. State is more

stringent

810(14) (i) (iii)

(e)

(2)

(1)

(2)

(3)

-

any information of a release or discharge 810(14)(f) (II)

of hazardous waste or of a fire or explosion

which could threaten the environment or

human health outside the facility.

The following reports shall be submitted in 810(14)(i)

addition to the reporting requirements:

Manife~t discrepa~cy repo~t. I! a ~ignifi- 810(14)(i)(i)

cant d1screpancy 1n a man1fest 1S dlscovered,

the permittee must attempt to reconcile

the discrepancy. If not resolved in 15

days, permittee must notify the Director.

Unmanifested waste report. This must be 810(14) (i)(ii)

submitted to the Director within 15 days

of receipt of unmanfifested waste.

\

Annual report. This must be submitted

E-2·.
-... F.edera1 '. ~e State Requirement

covering facility activities during the

previous year.

rr- State Cite Comments .--

§122.29

Establishing

RCRA Permit

Conditions

§122.30

Interim

Permits for

UIC well 5

In addition to other established conditions

each permit shall include: a list of the

wastes or classes of wastes and a description of the processes to be used including

the design capacities.

If the Director issues a permit to. any

Class I UICwell injecting hazardous

wastes within the State, when no UIC

program has been approved by EPA in the

State, any such permit shall apply and

insure compliance with all applicable

requirements of State standards for

wells, which are substantially equivalent

to RCRA standards for wells, and shall be

for a term not to exceed two years. Any

permit under this section shall contain a

condition providing that it will terminate

upon final action by the Director under a

UIC program to issue or deny a UIC permit

for the facility.

" ','

E-25

800 (4)

840(l) (c)

Until the state ure program

is authQrized by the federal

government th~ department will

not issue state dangerous

waste permit for undergrow

injection

\

.J
Federal Cite

PART 124

'State Requirement

PROCEDURES FOR DECISIONMAKING

State Cite Comments

§124.5 Modification, revocation

and reissuance,

or termination of

permits.*

*' Throughout this section. reference is

made to draft permits. This refers

to any document prepared by the State

containing tentative conditions for

the permit. or a decision as to denial.

for which public notice is is~ued and

made available for public comment and

hearing.

(c)(1)

(2)

(3)

-

If the Director tentatively decides to

modify or revoke and reissue

a permit.

he or she shall prepare

a draft permit

incorporating the proposed changes.

The Director may request additional

information. and. in the case of revoked

and reissued permits, the Director shall

require the submission of a new application.

In a permit modification. only those

conditions to be modified shall be reopened when a new draft permit or fact

sheet is prepared. All other aspects of

the existing permit shall remain in

effect for the duration of the unmodified

permit. When

a permit is revoked and

reissued ~nder this section, the entire

permit is reopened. During any·revocation

and reissuance proceeding the permittee

shall comply with all conditions of the

existing permit untila new final permit

is reissued.

States may allow for "minor modifications"

which need not be subject to the permit

modification requirements.

E-2"

840(10) (a)

840(10) (b)

840(10) (c)

840(10) (d)

- ~'
r: Federa1 l ..,-e

(d),

§124.6 Draft

permits.

(a)

(d)

(1)

(2)

(3)

. (4)

§ 124.8 Fact

Sheet.

.-.... State Requirement

States shall issue a notice of intent

to terminate when the State tentatively

decides to terminate a permit.

"

Once an application is complete, the

Director shall decide whether to prepare

a draft permit or to deny the application.

If the Director tentatively decides a

permit should be issued, he or she

shall prepare a document that contains

the following information:

all required general conditions;

all compliance schedules;

all monitoring requirements;

standards for treatment, storage, and/or

disposal and other permit conditions.

States must, also for all major permits,

prepare a fact sheet which briefly sets

forth the princtpal facts and significant

factual, legal, methodological and policy

questions considered in preparing the

draft permit. This sheet should also

contain a description of the procedures

to be followed for a final decision,

comment and hearing information and a

person to contact for further information.*

* State may be flexible in applying the

requirements of this section.

E-27

State Cite

840 (lO)(e)

840 (1) (b)

840 (l)(c)

840 (1) (c) (i)

840(1) (c) (iii)

840(1) (c) (iii)

840(1) (c) (iii)

840(2)(a)

840(2)(b)

Comments --

)

State regulations do not

expressly state EPA's wordage,

but the state's intent through

section 840(1)(c)(iii) is the

same

I

I
Federal Cite

§ 124.10 Public

notice of permit

actions and public

comment period

State Requirement State Cite Comments

(a)

(1)

(ii)

(iii)

(b)(1)

(2)

(c)

Scope.

The Director shall give public notice

that the following actions have occurred:

A draft permit has been prepared;

A hearing has been scheduled

Public notice of the preparation of a

draft permit shall allow at least

45 days for pUblic comment.

Public notice of a public hearing shall

be given at ·least 30 days before the

.hearing.

States must give public notice of the

above actions in a manner constituting

legal notice under State law and in a

manner calculated to give actual notice

of an action. The State must publish

notice of the preparation of a draft

permit in major local newspapers of general

circulation and broadcast over local

radio stations. The State must also

transmit in writing notice of the agency's

intention to issue such permit to each

unit of local government having jurisdiction over the area in which such facility

is proposed to be located and to each

State agency having any authority under

State law with respect to the construction

or operation of such facility.*

840 (3)(a)

840 (3) (a) (L)

840(3) (a) (it)

840(3) (d)

840(3) (d)

840 (3)(e) This entire section is covered

in the state regulations under

section 840(3)(e). Although

sections 840(3)(e)(ii) and

840(3)(e)(iii) say that only

major permits will be printed

in the daily newspaper and ai~

over public radio, it does not

exclude us from doing so for

all permits.

-

* See §124.10(c) for guidance as to

appropriate persons to receive

public notice. Subsection (c) is

E-2&

-' ,
Federal Ce State Requirement ( State Cite Comments I" ."

""---

derived from recent Congressional -.. Amendments to RCRA Section 7004(b)

(d) The notice shall contain information 840 (4)(a)

substantially equivalent to the following:

(1) name and address of the office processing 840(4) (a) (1)

the permit action;

(i 1) name and address of the permittee or 840(4) (a) (H)

permit applicant;

(i i 1) a brief description of the business con- 840(4) (a) (Hi)

ducted at the facility; )

(iv) name and address and telephone number of 840 (4) (a) (Lv)

a person from whom pe:sons may obtain

further information;

(v) a brief description of the public comment 840(4) (a) (v)

procedures and the time and place of any

hearing;

(ix) any additional information considered Not expressly stated in

necessary or proper. state regulations

(2) The public notice of a hearing shall con- 840 (4)(a)

tain the following:

(i) reference to the date of previous public 840(4) (a) (vf.L) \

notices relating to the permit, /

(i 1) date, time, and place of the 840(4) (a) (vi)

hearing; and

(i i 1) a brief description of the nature of the 840(4) (a) (viH)

hearings.

(e) In addition to the general public notice, 840(4) (a) (Lx)

the applicant and other agencies receiving

notice shall be mailed a copy of the fact

sheet and the draft permit.

E-29
- _._---_.- -.....-----------_.~

Federal Cite

- I

§ 124.11 Public

comments and

requests for

public hearings.

§ 124.12 Public

hearings.

(a)

State Requirement

During the comment period, any interested

person may submit written.comments and

request an informal public hearing.

All comments shall be considered in making

a final permit decision.

The Director shall hold an informal public

hearing whenever he or she receives a

written notice of opposition to the draft

permit and request for a hearing within 45

days of public notice, or decides in his

or her discretion to hold such hearing.

Whenever possible the hearing shall be

at a location convenient to the nearest

population center to the proposed

facility.

State Cite

840(4)(b)

840 (5)(a)

Comments

The state regulations do not

allow for an "informal public

hearing" procesE". Once a

determination is' made to hold )

a public hearing under section .

840(5)(a)

§ 124.17 Response

to comments.

(a)

(l)

{2}

(c)

-

The Director shall issue a response

to comments when a final permit is

issued. This response shall:

specify which provisions have been changed

and the reasons; and

describe and respond to all significant

comments.

The response to comments shall be

available to the public.

E-3l

840(9) (a)

840(9) (b)

840(9)(b)

840(9)(c)

.•. .,

..'1