.. \

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 exclusions 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 contains a listed waste; or w

hen i t first exhibits characteristics 070(3) (a), 070 (3) (b) 070 (3) (d) , 081, 082 070 (3) (e) , 090 These regulations describe the correct order for designation. They achieve the same effect as EPA regulations

A solid waste is not a hazardous waste if: 1) a hazardous wast e remains 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 so1i 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 mixtures), 070 (6)



### 3.1-6. r""\

. 

### . r EPA Requirements

Exclusions Section 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 Atcmic 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 resi 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.

3.1-71-

---------- -

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 lcqrams 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.ose wastes 1isted in 1 and 2 above even when mixed with non-hazardous westes resul ti ng ina mixture exce'2ding the quant i ty 1i**~i** tations noted abOV2. 0'81 (3) , 082, 084

Special Reauirement fJr Hazardous Waste Which is Used, Re-used, Recycled or Reclaimed Section 251. 6

1"- •. ,\**~~**

", 1.



## ., ,-,

3. Specific exemption for hazerdous waste which is beneficially used or r2used or legitimetely recycl eo or reclaimed. Specific 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**

Corrosi 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

3.1-10CHECKLIST 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 witil 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**

3.1-11CHECKLIST 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 State 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** 20-40oC
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 rr. '" mg/l ,u.... J 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 CommentCIIECKLlSl 2 lIazardous Waste Characteristics

2, Not a liquid EPA Characteristics from 40 CFR**S~bpart** C Ignitab i 1ity 1. liquid fl ashpoint 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 characteri stics (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 orpt ion of moi sture or' spontaneous chemical 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 st inq Nun-Spec if ic Sour-ces (41) CF!( 261.:n) 

## .J

w

....... I

....... 1TI Column 1 List wastes from 40 CF**I~** 261. 31 1 isted in Slate regulation" Column 2 

### List wastes from 40 eFR 261.31 not listed in Slate requlation*

_ For each wast.e in C01UIlIIl 2 i dent i fy a I ternat ive State re!llllatory control**.D:.~_~~_** and attach**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- waste numbers or groups of numbers 

### ;,: 

### )-**~~~------+-**

## I I
, CIIECKLISI 3 Hazardous Wasle l.i st i nq Specific Sources (40 eFn 2(;1.32)

Collll1ln 1 list [wasles from '10 C H 2() 1. 31 1i st edi n**Stal~ reuulaliQ~**  _

w l-' I l-' 0\ CoIumn 2 

### [lsI wastes f rom '10 eFn 261. 3 L nut 1 i sled in' Sl.ate reU 1I

### !·i.lE.l

__

o_"_*

__ For each witste in Columll L identifyaltel'llittive Sta t.e requlat.ory control**il~** l.!' and_ attach**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 waste numbers 01' qroups of numhers I 

# C.:. ([j )(' \**CII[C~)Sl** 3 ' "10;" -» 1 Hazarilous Waste Li st i uq Discarded Chemical Pruduct s (40 

### un 2G1.33) 'j I

w
I

....... Column 1 List wastes from 40 CFR 261. 31 1isted in SLate regll...:...l.::.a...:...t...:...i <...:...1I...:...' *

_ Column 2 List wastes from 40 CFR 261.31 not listed _in State regll1**~!iQ~** For each waste in Column 2 identify alternative St.at.e r'cgllialory control (ci-!-e and attach**refJll~,t.:ioll~2** COlllment (major di ffcrcnces between 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 contai 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 Requirements ce rtai ni ng to Section j002 of RCRA and provides a checkl i st for review of State program elements against the requirements. States are acv i sec t o look broadly to their autnor'i.ti 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 cneckl i st in this chapter focuses on Section 123.:2S(b), "Requirements fer generators of haz arcous 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 m i nimum State Program Requirements against which the**ove~~11 Sta~e**  program is to be assessed, thereby aefirir.g State programs "suost anti a lly 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 manifest 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 equi r-ements vfor generators and transporters (including use of the Federal manifest**system~** will apply. 

### -,

3.2-1I i
, I Fedeiral Cite (40**!cn~** ]23) ! I
.128(1))(2)

. 12q(b)(l) & .128(1))(6) 

### GENEHJ\TOHS

la**t~** P**r09!~~.Bequ** i**r:em~r~!** 1. GENEHAL 1.1 All uenerators of hazardous wasle controlled by the Slate must be covered by the proqram. (See previous chapter of this manual)
. 1.2 Pr-ovi de system whereby qenerat.or s must receive EPA identification numbers prior to treating, storing. di spos i nq , t rausport ing. or' offerin9 to l ransport , State**Cover'a~** ---

170

170 (3) and 060 Reviewers Comments



## )

1f the State exempts farmer s frum control. the exempti on mus t be cond it'iOiled in accordance wi th lhe Federal exemptiun at. '10 

### un**262.~],** Require that ucnerators not offer' hazardous waste La t.ransporte r s 01' to treat.ment , storage. or disposal facilities which have nu l, receiveed EPA i dant.i ficat ion number's. W 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 Gener at.ors who otf-site must system. Lr-ansport vor uf fer tor transport 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 intrasta t,e shipments**al"(~** de s iqnat.ed for' delivery ou ly to facililies aut.hor i zeu t.o op eral.e under' <III approved 5Lat.e proqram or the rl=tll'l'u I pr'ogralll. Manifest system must ensure lhatilltl'i.lsldte shipments are del i vercrl ou ly to faci Ii t ie 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 must identify the generator, transporter', des i qnat.ed delivery po i nt , and the hazardous waste be inq transporLed . State**Covcr.-:!.g~** 180(1) 1 ..,.I

Reviewers Comments

.128(b)(7)( i i) 2.3 Must require that waste offered for need no t app1y 'to described in 40 263.20(e). the mani 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 system must provide that undel j ve red shipments are: (a) identified independently by the State in which the shipment o r i ui na t.ed ; 01' (b) identi fi ed by the qener ator and ruported to the State in which the shipmeut oriqi nat.ert. 2.5 In the case of an i nt.erst ate shipment fOI' which the mani fes t has not been returned \-/it.hi n 45 days of accept.ance by Lhe
i i ni t i a l transpor Ler , provide for notification to (1) the State in which the manifest-designated fac i l i ty
i i s lucat.ed and (2) the State in which the shipment. may have been del i vered, III t.he case of unaut.hor i ze d States, notification is to be di rect.ed to EPI\. 220(2)(c) 220(2) No equivalent section in sta regulations

" J

. 128(b)(4) 3 . SIIOln-HIH1 ACCUf1ULI\TJON 3. I Gener-ato r s who acrumul atu hazardous waste for' shor-t peri ods of time prior to shipment must be requi red to do so ina IIldnner lIlill doe 5 not pr-esent a hazard to hUIIlJIl Ilea 1th 01' the envi ronment. 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 hazaruous was t.e s IIIUSt. be required to meel the State's manifest requi remcut.s
. 4.2 Mani fest must i denti ty till! impor t.e r as the "qenor-ator" and include the importer' s EPf\ identification number. 4.3 Exporters of hazardous wastes milst. he requi 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 musL identify the name and address of the foreign consignee for export.ed wast.es . Must provide for confirmation of del i very by the fore i qn cous iqnec fOI' exported was t.es . Couti nnalion may be di rect.ed to either' the qenerato r 0" t.he Stale. Must provide for noti f i cati on to [I'i\ in those cases where confirmation by the fure iqn consignee for exported wastes is not rer.ei vert witllin 90 days of accepLance 0 f the Wit te by lhe initi i1 I t.ranspurt.e r . [NOH: Advance notification of iut.erna t ioua l shipmeut 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.es , and there is no State Proqram Requ i rement in tid s \'t'yanl]
. HECOIWKEFPING/HEPOlnING Generat.or s must be rcqu i red to r et a i n copies of all mani tests for at least 3 YCdl'5 from 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 res qeuerator s to submit reports to enable the State to meet its Federal reporti nq rnqu irements , the UCfler,llol'S must be requi r-ed to reta in copies of the r epo rt 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-ovi de for extension of the required period of recor-d ret.enti on during the course 0 f unre s oived enf'orcemeut action regardi**n~1** the regulated activity. Stat.e**CO~Y!~!l~** 210\2)

210 (2)
210(4) ... \**".~** ,) HeviewC!rs Cummeuts

. 

### )

),..---, • 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, proqrans must meet in order to receive i nte r im aut.ncri zati on (Phase I). '1.his chapt e r presents these State Program Requi rements pe rt ai ni ng to Section\3003 of RCRA and provide:s a checkl ist for review of'State program eIementsvaqai ns t the requirements. States are advised to look broadly to their autfrorities in order to demonstrate t hat 'their overall prccrams 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 cabl e after the gnnting of interim 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 approacr. States empl cy i n meet i nq the requirements. While some-,.provi si 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** equiva lent" to the Fede r s l pr-ccram 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. unti 1 the State man; fest system and other generator and transporter rerequi 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.



### 3.3-1Federal Cite (40 CfR 123)

.128(c)(2) T1U\NSI'OH fLHS**~tat~_.rrogri\1Il Requirellle~~**  1. GFNFIV\L 1.1 Milst cover all transpcrters of ha zardous was te controlled by State
. State C

0**~.~ I",:~!.l.l.:.** 

240 thru 270 Reviewers Co 111111e'Its

. 128(c)(3)

I 2. RECOROKEEPING/REPOR1'ING

w W I N

I

. 128(c)(4)



## I i I I I I ,120(c)(5)

I I I ( .' 2.1 Tr-ansporter 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 report s to enable the State to meet
..... its Federal " trQ.(\Sl·rTrr repurt tnq requ lremeuts , 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 proqram must provide for extension of the required pe r i orl of record retention during the course of unresol ved enforcement ac t i on regardi ng the requl ated activity.
3. MI\NIFEST 3.1 Transpor-t.er s milst he requi red to use a mani fe st system. 3.1.1 Mani fest system must ensur-e that i nt.e r

r and intrastate shipments eire desiqnat.cd fOI' de l l very only lo facilities aut.hor i zed t.o opel'ale under an appr-oved State PI'OYI'lIl1l or' the 

### relkl'a1 prnqram. 3.2 Must r e qui r e that. t ranspor-te r s cur-ry the manifest with all shipments. Thi s requ ir 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 " 

### )
Revi ewer s Continents .120(c)(6) 'I. OISCIIARGES IN TRI\NSIT '1.1 Must r-equi re transporters to notify appropri ate State, local, anti Federal aqenci e s , '1.2 Must requi 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 environment. '1.3 Provide that appropriate officials may authorize removal of waste without lise of a manifest. 270(1) 270 (3) 270(1)

270(2)

w W I W '1.4

5. Provide for immediate notice to Response 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 procedurns estab 1ished in the Memorandum of I\HI'ccment. 240(1)



### " /

### ( 

### .:'

### FI\~~'.")rlr[S**~i<,** 

## ,)
Federal Cite «(0 CFR 123) .128.(e)

.128, (eHI)

w.pI w .128. (e)(2) State**Pr:~.9r'am** I{equirement 1. 0 GfNEIV\L All TSI) facilities in "exi steuce" 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 emerqeucy pr-ocedur-es to be fo 11owed in the event of a release of hazaruous 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' future maint.enancu , and (b) controls,
. minimizes, or eliminates post-closure' escape of he zardous waste. 3.2 The owner: or operator' must have a wr ilten closure plan on the ef tec 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 7 t 1981.

# --~J

# ...**~~ ~:~e~~~**  

# i1;)

w .p. I**.~** State Pro!Jram**Requircllle.!!~** (I» An estimate of the maximum inventory of wastes in storage or treatment at any given time. (c) Steps to decontaminate tac 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.erveui nq milestone dates 3.4 Closure IIIUSt be j ni t i at.ed within 90 days after receiving the f i na l volume of hazardous wastes.'/< 3.5 The owner or operator must complete closure activities within six months after receiving the final volume of wastes.* 3.6**~2(i!i.ll'1** Upon completion of closure , all equipment and structur-es IIIUSt be properly disposed of or decontaminated. 3.7 §265.115 The owner or operator and an independent registered professional engineer lIlUSt certi fy that the tileiii ty has been closed in acconlance with the approved C105ul'e pl an , 3;8 Post closure care must consist of at least:* (a) Groundwater monitoring State**Coverau~** kevi ewcrs Comments

)

/", f. }

." (b) Maintenance of the ':(",**\~.:** } contaminant system

..

### :)w 

# . +:- I Ul 

# .: 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 et fcct ive date of Part 2G5 and it must illclude:* (a) Groundwat.er 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 struct ures , and (f i ) functions of lhe faci l i tyvs monitorinq equipment. 3.10 Within 90 days after closure , 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~~~~** " ,.J Reviewers COllllfwnts

)

) 4.1 Owner or operalor must implcment a groundwater moni Lorinq . pr-oqram capabl e of determining the fac 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 operat.or must i nsta 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 moni t.or i nq requirements may be waived if the owner or operator can demonstrat.e that there is a low potential for m iqration of hazartlous waste constituents from the facility v ia the uppermost aquifer below the fac i l i ty to wat.er suppIy we11 s or to sudecc Wetter', 5,0 

### SECURITY 10 

### PREVENT UNKNOWING I\ND UNAUTHORIZED 'illillTO lilE 

### FACILITY

-- State**Covel~~** 400(3) (a) neviewers Comments Incorporate EPA by reference

)

w.pI ()) 5.1 The owner or operator must prevent the unknowi nq entry and minimize the possibility for unauthorized entry unless: (a) physical contact with t.he**wi\~te.** structures , or equipment will no L be i njurious (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 sLem (b) an artificial 01' n.it.ural ha r ri 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

::.: . V,

## >' 310(2)
.. 310(2)(b) 310(2) (c)

310(2)(c) 310(2) (a) /



### :

...

## )w**.~** I

...... 

# C,'; Feder-al Cite iilO UR 123)

. 128. ( e)(5 )

.128. (e)(G) 

### 6'.**~L)** State PJ'ogJ'am Requ irement 6.0 FACILITY PERSONNEL TIMININ(i G.] Facilit.y per sonnel must successfully complete a proqram of classroom instruction or on-the-job training that teaches them to per form their' dut iesi n a way that ensures the faei 1ity I scampi iance with the requirements**~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 operator must maintain records of training.>\: 6.5 Treininq records on current personnel must be kept until closure of t.he facility.*
7.0 INSPECnON, HONITORING, RECOHDKEEPING, and REPORTING.

- 7. L l he owner' or' uper atur must inspect the facility for malfunctions and**dl~terioratlon,** operator errors, or' di scharqe s whieh 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 environment or' (b) a threat to humiln health 320(1) 7.2 The owner or operator' must develop .and 320(2) fallow a schedule and plan for inspections.w.pI 00 federal Cite CrR ]23)



### (,. :
....

. ' State

_Pr0!Jr'am Requ irement 7.3 The owner or operator' must take remedial action upon the delection of malfunction or the ueteri orat ion of equipment and structures when a hazar-d is imminent. 7.'1 fhe owner or oper a t.or must record inspections in an in5pection log and must keep the records for at least three years from the date of inspecti OIl. )I( 7.5 The owner or operator must keep a written operat i ng recor-d at the faci I i ty which 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 a1 locations and quantities must be submitted to the Director and the local**\<~nd** authority upon cl osure of t.hp. facility.* 7.8 The owner or operator must submit an annual report to the Director in ClOtlllpIi ance with the requ i remcnts (If**§26~).** 75. 

### * "1.9 The receipt of any unulilllih;:>.ted waste must be r-epor-te d to the Direclor. 7.10 The owne r or opcr ator must submi l a repor-t to**th~iDir'ector'** if any of tile following occur': (a) rel ease 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

. )- '.
. ...w 

## . -Po I (" 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 hazardous waste accompanied by a mani fe st , the owner or operat.or must meel tilt, requi rements of §265. 71**a(I)-(5).~** 8.2 If a facility receives, from a rail or water transporter", hazardous .wasle whi ell is accompan ied by a sh i pping 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 reconci l e lhe di scr'epancy with the was le nener'ator or transporter, 8.4 If a si qn i ri cant mani te st di scr-epancy is not re s o1ved, the owner or operator must notify

. ++ the 01 rector'
. 9.0 OHlER fACILITY STANDARDS 9.1 EPA Identificat.ion Numher [very tac i lily owner or operat.or must apply for an EPA identification number." 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 operato r must notify the Dit'ect.or**atl(~i1sl** four weeks in advance of r.rfeipt of vas t.e s from a foreign source,*- 290 (1) Incorporate EPA by reference (b) Before trans fe r r iuq ownersh i

### r or operation' of it faci 1 ity, the faci 1ity' s owner ,01' operator must no t i fy the new owner or operator of' the requi rements of 40 CFR 265 and 122." 290(2)w
I a Federal Cite (40 eFR 123) Stale Pr'ogram**Re~Jui rem~nt**  9.3 Gene r a l Wdsle Ana_!ysis Befor'e treat.inq , stori nq , or d isposi nq of hazardous wasle, the Iac iIi ty miller or operato r must ohtain a detai led chemical and physical analysis of wast.cs
. The analysis must contain all the information which must be known to treat , store, or dispose the waste in accordance with the ledera1 requirements. 9.4 Gener'al Hequirements for**J.g~lit<\b!e,** Reactive 01' Incompatible Wastes (a) The owner or' operator must take precautions to prevent accidental ignition or reaction of iqni t.ab l e or' reactive waste, (h) Treatment, storage, or' o i spos a l of ignitable or reactive wast.p and the mixture or' cumnrinq l inq 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 extrcme heat or pressure , f i r e or explosion, or violent reaction; Pruduce uncont.rn l led toxic mi sts , fumes, dust s , orqilses in sufficient quant. it i e s to t.lneaten human health; Produce uncont.rol l ed f lammab le fumes or gases in sufficient qu..lIltit.ies to pose a r i sk of fire 01' explosions; Damage the 5tructura 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 1ike means threaten human hea1th or' the environment
. 9.5 Financial Requirements Slale**~~ov~r'i1~** 395 (1) (b) (v) 

### ) Reviewers Comments

w +:- I

.......

....... 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 Containers (a) The container must be compati 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' stored in a manne r which may cause a rupt.ur:e or leak ,
. (c) Areas wherecontainers <Ire stored must be inspected weekly.* (d) Containers holding ignitable or reactive waste mllst be located at least 15 meters from the fClcility·s property li ne ." (e) l ncompa t iIJ 1e wasLes 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-otect.ed f r-om the other materials. 9.7 Tanks (a) Hazardous wastes must not be placed in' a tank if they could 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.tatus standardsw -I"'" I t-' N Federal Cite (40, CFR 123)



### ( State Pro!Jram Requ i rement , (b) Uncover-ed tanks IlIUSt have at, l cast two feet of**tJ'f~et)()nrd** unl e s s other containment sLructur'es , a drai naqe control system. or' ot.her diversion structures with a capaci ty that cqua I s or exceeds the vo 1ume of the top two reet 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 nspected in accordance with**§26~.** 19'1." (f) At c 1OSllJ'C. all hazardous was te and hazardous wasLe resi dues 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) Incompot ible**wi)~l.ps** must no L he placetl in the s ame tank unless**~2(j~.** 17(b) is comp l ied with. 9.8 SUI'face**ImpolllHIr~~pnt~** (a) Must maintain at Inast two feet ot frp.ehoar-d. (b) Earthen di kes must have prot.ective 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 . Federal Cite (40**CFI~** 123)**t;r:'~** '-I \r'.:-.i' Slate Proqr'ilm Hequirement (d) Must inspect the treebo.u-d level at least once each oper at i nq day, (e) Must inspect the surt'aceimpoundment at least once a week to detect any leaks, de teriorat ion , 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 surface 'impoundment unless !i265.229 is comp l i nd with. (h) Incompatible wast.es IIlIlSt not be placed in the same surf ace impoundment unless §2G5.11(b) is complied with. State'**CO~f~r~u~** 

### ) Revi ewers**ComlOent~**

w -!'- I

...... W 9.9 Waste Piles (a) A waste manCigp.d pile must to coritrol be protected and wi lid di spersa1. 400(3) (a) Incorporated from EPA's int:erim statu standards (b) An owner or operator' must conduct waste analyses un lcss the faci I i ty meets the exemptions of §2G5.2!>L. (c) Within one year' after the e r rect i ve date of the r'eguI al.inns , I eat.hat.e or' run-.of 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.**----~---------** ------

w 

## . 

## "" ,

...... .p. Federal Cite (11

### b

## cr**I~** 123) I



## C ,-'.

. " State PrQ9!am neqllirement 9.10 Land Tr'eatment (a) llazardous was t.e must not he placed at a land trnatment rac i l i ty unless it can be made . less hazardous or non-tiazar-dous
. (b) Run-on 1II11St he di vert.cd away from other active port ions as of one year after the effective date of Part 265.* (c) Run-off from 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' operator IIlUSt noti

### tv the State uirectcr '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-ea of il hazarrlous 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-eatmeut faci 1i Ly rece i vi nq waste that contai ns cadmium unless**!:i265.27~I(C)** is compl ied with. 

### * (h) The owner' 01' oper a t.or must have in wri t.i nq and must 'imp lcmcut an unsaturated 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 "**~~'.")** State Pl:.Q1Jram Requl**rCII~..!..!.~** (1) lhe owner or opcrator must. keep records of the appl ication dates, appl i cat i ou rat.es , quanti t i e s , and location of each hazardous waste placed in a faci l ity. (j) A land tr-eaunent facility must meet the closure and post.-closure 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 tr e atmeut area unless §265.17 is compl i edwi Lh. State**~~~er-ll~«::'** \ 

## ) Heviewers Comments

w 

## . -&:- I 11l 9.11 Landtills (a) Run-on must be diverted away from the act 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 operat.or must meet the surveyi**n~l** and recorukeep i**n~J** rcqui rements of 9265.309.1-· (e) A landfill must comply with cl osure and po st
r c losure requi rcments of**~265.** 310. 'I<. 400 (3) (a) Incorporated from EPA's interim status standards

(f) lqn i t abl 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 ncompatible wast.es must noL he placed in a landri 11 unless**§2G~.17(b)** is comp1i ed wi til. (h) Bulk or non-cont.ainer i zed liquid waste, was te cnnt.aininQ free-l i quitis, or containers holdinu liquid waste should not he placed ina landfill unless the requirements of §265.314 arc complied witho (i) Empty containers must l.>e reduced in vol ume as of one year after the effective date of Part 265.* Slille**Co~~~u~** Revi ewer s Comments

w 

## ..pI 

### .-. (J) 9.12 Incineralors (a) Musl be at steady 5tote condi 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 ncat.ud in must be**~265.347."=**

J .**~"** (d) I\t closure, lhe owner or operator must remove all hazardous was te ami hazardous waste res i dues
.. 9.13 Therlllill Treatment (a) Must be at steady state condi t i ons hefore addinu 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 osiire , the owner or' oper-ator must remove all hazardous was t.e and hazardous waste**re$idue~.** (e) Open bunting of hazaruous 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 treatmerrt proces s or equipment if any fai lure of equipment or' the prnces s would occur', (c) 1\ continuously

- fed proces s must be equipped wi ttl a means to stop the inflow
. (d) Waste analyses and trial tests must be**~onducted** pursuant to §265.402.*· (e) I nspect i ons must he made purusant 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 re s i dues must be and re- )

(g) l qn i t.ab l e or r eact ive was t.e must not be placed in a tr'eatmcnt· proces s unless**~265.'10~)** is comp l ied with. (h) Incompatible wastes IIlUSt not be p laced 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 closure and postclosure or financi
..rl requi r emeuts of Part 265. Underqr-ound iujec 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 appropr i at.e
. 400 (3) (a) Incorporated from EPA's interim status standards

)



### ** It should be noted that Stale pruqrams are requ i red 1.0 pruv ide mani fe st t.racki nq systems with requi r-enient.s for BWMF's subsLanti a l ly equivalent to Part 165. However. 123.J?0(<I) allows States to rccu ive i nte r im author i zat i on if legal authority does not exist to pr-ovi de manifest t.rackinq systems with requ ir-ements respcctl nq qcnerator-s and transporter's only. See the discussion ill the text.
...-
+ Unde rqr-ound i nject i on cont.rol s are opt.ional for' the purpos e of i nt.e r im authorization of State proqrams .
-t+ Althouyh the Federal requirements aclually rcqui 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 equivaIence" under the interim authorization program. .**,~** 

## (**l'~~~'~ ~~**  \ '. I**.~** .., 

# o .' -r.,j
APPEiIDIX B PHASE II COMPONENT A TECHNICAL STANDARDS**/~.**

### Federal Cite SUBPART B 

### §264.12 Requfred 

### 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 iFederal
.... .;e (2)(i) (i i) (ii 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 flooding. "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 .p

### l 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 become a 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) 

### Asurface impoundment must be designed to provide: 60 centimeters freeboard; or An amount of freeboard that will prevent overtopping. Asurface 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. Aleachate detection, collection and removal system must be designed so that liquid will flow freely to prevent the creation of a pressure head.

Asurface 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** 

### Aleachate 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. Acontainment 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)
(ii 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: Aprocedure for complying with paragraph (c); and Acontainment 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. Asurface 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: 

### Aleachate 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 sufficient8-14 660(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). Acontainment system must be protected from plant growth. Acontainment 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 is a 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: Aprocedure for complying with paragraph (c); and Acontainment 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 NOTE 1 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 established a 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) I I I 

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

### 265.143(a)(5) 265.145(a)(5)



### I I 

### 264.143(a)(6)**26~.145(a)(6)** 

### 265.143(a)(6) 265.145(a)(6) I 

### I



# - 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 establishes a 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 NOTE 1 \ ,.

)



### ..

# ,--- 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) I 

## I I i 

### I 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, at a 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 '\

## .-. Federa1 

### L

...: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, after a 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 for a 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 receiving a 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 equivalentFederal 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. after a 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 rements- ; n the permit for the facility; or (2) Perform final closure in accordance with Subpart Gfollowing 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 .for a 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 receiving a 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 establish a 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, after a 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 for a 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 newC-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-. Federal 

### L ;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 upon a 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 receiving a 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 .met 6 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 obtain a 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 NOTE 2

SEE NOTE 2

SEE NOTE 2.....--. 

### 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 for a 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 into a 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 if a 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 Applicabnny 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

As a Section of a trial burn plan or as required by Part 

### Bof 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 achieve a 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 W

out 

# =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 1

### i 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 either: 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 for a corporation: by a principal executive officer at least the level of vicepresident or other person who performs similar policy-making functions for the corporation; \ for a partnership or sole proprietorship: by a general partner or the proprietor; for a municipality, State, Federal, or other public agency: by either a 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 signing a 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 for a 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.)

**

# ·-,

.

# - " 

### Federal 

### t e 

### 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. If a permit establishes a 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 permit. (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'-', 

### Federal L**.~**

(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.

Apermit 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 terminating a 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 ncinerators. 805(3)

fie 

### §122.22 Application for a permit (a)
(b)

(cHI)

(ii 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. AHWM 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 Apermit application but has not yet filed Part B of a complete application, to file an amended Part Aapplication:
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 Afacility which fails to comply with the updating requirements does not**~eceive** interim status as to the wastes not covered by duly filed Part Aapplications. 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 processt 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 processt and present appropriate documentation. 815(1) 815 (8) )

PART A (a) (b) (c)
(d)
(e)



# - The latitude and longitude of the facility. The namet addresst 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 treatmentt 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) 

### Adescription 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.

Adescription 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. Ageneral 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. A copy of the waste analysis plan. 815(8)(b)(iii) (3) (4) (a)(l) (2) 

### §122.25 Contents of Part B*

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

### Ajustification 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. Adescription of procedures, structures, or equipment used at the f

### acil

### ity 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) (iii) 

### (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. Adescription 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 within a 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 from a 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 provide a plan showing how the facility will be brought into compliance and a schedule for compliance. (12) An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner. Abrief 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 that a 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. Atopographic 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 (ii)
(;; 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 

### ..-...

'I I ,-

"(3)

(i) (ii)
(iii) (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 Requirement

_ 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 the pi le ; 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 with a 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) (ii 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 1

### ity being modified the permittee may not treat, store, or dispose of hazardous waste in the modified portion of the facility, unti1: 

### 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 until a 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: Adraft permit has been prepared; 

### Ahearing 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; (ii 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 (ii 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