Arkansas Administrative Code › Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT › Division 01 - Arkansas Pollution Control and Ecology Commission › Rule 118.01.20-003 - Rule No. 23, Hazardous Waste Management

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER 1
TITLE AND PURPOSE
The following rules of the Arkansas Pollution Control and
				Ecology Commision, adopted pursuant to the provisions of the Arkansas Hazardous
				Waste Management Act of 1979 (Act 406 of 1979, as amended, Arkansas Code
				Annotated (A.C.A.) §§ 8-7-201
et seq.
), and the
				Arkansas Resource Reclamation Act of 1979 (Act 1098 of 1979, as amended,
				Arkansas Code Annotated (A.C.A.) §§ 8-7-301
et
				seq.),
shall be known as APC&EC Rule No. 23, (Hazardous Waste
				Management). It is the purpose of this Rule and it is hereby declared to be the
				policy of this Commission:
* to protect the public health and safety, the health of living
				organisms, and the environment from the effects of improper, inadequate, or
				unsound management of hazardous wastes;
* to establish a program of regulation over the generation,
				storage, transportation, treatment, and disposal of hazardous waste;
* to assure the safe and adequate management of hazardous
				wastes within this state;
* to qualify to adopt, administer, and enforce a hazardous
				waste program pursuant to the Federal Resource Conservation and Recovery Act,
				as amended, ( P.L. 94-580 );
* to afford the people of the State of Arkansas a voice in the
				permitting of hazardous waste facilities within their respective
				counties;
* to establish a statewide program designed to protect society
				and the environment from the risks and burdens associated with the continued
				practice of disposing of those forms of hazardous waste which could otherwise
				be treated;
* to encourage the development and utilization of techniques
				which result in the recovery, reclamation and conservation of resources of the
				State, including the reclamation and conservation or safeguarding of abandoned
				hazardous waste disposal sites;
* to encourage interstate cooperation and interstate agreements
				which would provide a requisite balance of disposal and treatment facilities
				among the states and which would reduce the amount of hazardous waste disposed
				of in the state, irrespective of the origin of such wastes; and
* to promote economic growth with environmental concern by
				establishing a program to assist industries in finding environmentally sound
				methods of disposing of hazardous waste.
CHAPTER 2
RULES PROMULGATED UNDER THE
			 ARKANSAS HAZARDOUS WASTE MANAGEMENT ACT FOR ADMINISTRATION OF THE STATE RCRA
			 PROGRAM
Section 1.
AUTHORITY
The rules under this Chapter are promulgated pursuant to the
				Arkansas Hazardous Waste Management Act, as amended (Act 406 of 1979, as
				amended, A.C.A. §§ 8-7-201
et seq.)
Section 2.
VIOLATIONS
Any of the following acts shall be considered a violation of
				this Rule and shall be subject to the penalties provided in the Arkansas
				Hazardous Waste Management Act of 1979 (Act 406 of 1979,
as amended):
(a)
			 Failure to comply with the provisions of this Rule or with the terms of permits
			 or orders issued hereunder.
(b) To
			 purposely or knowingly make any false statement, representation, or
			 certification in any application, record, report, plan or other document filed
			 or required to be maintained under this Rule, or to falsify, tamper with, or
			 knowingly render inaccurate any monitoring device, testing device, or method
			 required to be maintained under this Rule.
(c) To dispose of hazardous waste at any
			 disposal site or facility within the state of Arkansas other than one for which
			 a permit has been issued by the Division pursuant to this Rule.
(d) To engage in hazardous waste management
			 contrary to the provisions of this Rule or in such a manner or place as to
			 create or as is likely to be created a public health hazard or to cause water
			 or air pollution within the meaning of the Arkansas Water and Air Pollution
			 Control Act, as amended (A.C.A. §§ 8-4-201 et seq.)
Section 3.
AMENDMENT AND
			 UPDATE OF RULE No. 23 (HAZARDOUS WASTE MANAGEMENT)
(a)
Updates
. The Commission, at
			 least annually, after the date of promulgation of any new or revised federal
			 hazardous waste regulations shall conduct rulemaking procedures with reference
			 to this Chapter necessary to maintain a State Hazardous Waste Management
			 Program equivalent to the federal program. Such new or revised federal
			 regulations upon the date of their publication as final rules of the U.S.
			 Environmental Protection Agency shall constitute minimum guidelines to the
			 Commission and the Director in formulating rulemaking proposals to this Rule,
			 and shall not be construed to limit or interfere with the adoption of
			 provisions more stringent than federal regulations.
(b)
Incorporations by Reference.
The regulations listed immediately below, promulgated by the U.S.
			 Environmental Protection Agency, are hereby adopted as provisions of this
			 Chapter as though set forth herein line for line and word for word with the
			 exception that all references therein to "Administrator", "Regional
			 Administrator", "Director", or "State Director" shall be considered references
			 to the "Director of the Division of Environmental Quality"; and all references
			 to the "U.S. Environmental Protection Agency" or "EPA" shall be considered
			 references to the "Division of Environmental Quality ,"
except for the
			 following: §§260.21(d), 260.22, 262.11(b), 262.25, 262 Subsection E,
			 262 Subsection F, 262 Subsection H, 264.12, 264.143(h), 264.147(h),
			 264.340(b)(1), 265.12, 265.147(b)(1)(i), 265.340(b)(1), 268.5, 268.6, 268.7(d),
			 268.13, 268.40(b), 268.42(b), 268.44, 270.3, 270.5, 270.11(a)(3), 270.32(c),
			 270.42(k)(2)(i), 270.51(a), 279.82(b), and 279.82(c). These sections shall
			 retain the meaning of 'U.S. Environmental Protection Agency,' 'EPA,
			 Administrator,' or 'Regional Administrator.'
" All references elsewhere
			 in this chapter to any of the following rules shall constitute a reference to
			 the rule as herein adopted; and provided that the effective date of provisions
			 adopted herein by reference as provisions of this Rule shall be the date such
			 provisions are specified as being effective by the Commission in its rulemaking
			 and the effective date of the federal regulations adopted herein shall have no
			 bearing on the effective date of any provisions of this Rule.
Title 40 Code of Federal
				Regulations:
(1)
			 Appendix IX of Part 261 (with the exception of delisting decisions for Arkansas
			 companies; for analogous provisions, see Rule 23 § 261 Appendix
			 IX);
(2) Appendix IX of Part 266;
			 and
(3) Subpart A of Part 124 with
			 the following exceptions: 124.1, 124.2, 124.3(b), 124.3(d), 124.3(e), 124.4,
			 124.5(b), 124.5(e), 124.5(g), 124.6(b), 124.9, 124.10(a)(1)(i),
			 124.10(a)(1)(iv), 124.10(a)(1)(v), 124.12(e), 124.14, 124.15, 124.16, 124.18,
			 124.19, and 124.21 (see also APC&EC Rule No. 8 (Administrative Procedures)
			 for analogous provisions as referenced in § 270 of this Rule.)
(4) All as adopted as final rules (including
			 "interim final rules" and "technical amendments") published in the Federal
			 Register by the U.S. Environmental Protection Agency on or before May 30,
			 2018.
Section
			 4.
CONFLICT OF INTEREST.
(a) No employee of the Division shall have a
			 financial interest in any hazardous waste management facility or in any
			 commercial enterprise engaged in the transportation, treatment or disposal of
			 hazardous waste or in any business which furnished real property, plans, labor,
			 material or equipment to hazardous waste management facilities. For purposes of
			 this Section, "financial interest of an employee of the Division" shall extend
			 to that employee's husband or wife if said husband or wife is a stockholder, an
			 officer or a management official of a commercial entity engaged in any of the
			 activities listed above.
(b)
			 Payment by the owner or operator of a hazardous waste management facility to
			 the Division pursuant to the provisions of § 6(i) shall not be construed
			 to mean that the Division personnel serving as on-site inspectors have
			 financial interest in such facility.
Section 5.
(Reserved)
Section 6.
FEES AND COSTS.
Permit Fees
(a) Any person who applies for a permit for
			 the construction, operation, and/or post closure care of a hazardous waste
			 management facility or unit shall submit as part of said application a money
			 order or cashier's check payable to the Division to cover permit fees in
			 accordance with the following schedule(s):
(1)
Permits for Construction/Operation Commercial Facility:
(i) Base permit application fee - $20,000
			 plus waste management activity fee (subsection b).
(ii) Unsolicited application amendment fee
			 (during application review process) -$3,000 plus applicable waste management
			 activity fee.
(iii) Permit renewal
			 fee - Base application fee plus waste management activity fee (subsection
			 b).
(iv) Annual permit maintenance
			 fee -$15,000 plus waste management activity fee (subsection b).
(2)
Permits for
			 Construction/Operation - Noncommercial Facility:
(i) Base permit application fee - $15,000
			 plus waste management activity fee (subsection b).
(ii) Unsolicited application amendment fee
			 (during application review process) -$2,250, plus applicable waste management
			 activity fee
(iii) Permit renewal
			 fee - Base application fee plus waste management activity fee (subsection
			 b).
(iv) Annual permit maintenance
			 fee -$11,250 plus waste management activity fee (subsection b).
(3)
Permits for Post
			 Closure Care Only - Commercial Facility:
(i) Base permit application fee -
			 $20,000.
(ii) Unsolicited
			 application amendment fee (during application review process)
			 -$3,000.
(iii) Permit renewal fee -
			 Base application fee.
(iv) Annual
			 permit maintenance fee - $15,000.
(4)
Permits for Post Closure Care
			 Only - Noncommercial Facility:
(i)
			 Base permit application fee - $15,000.
(ii) Unsolicited application amendment fee
			 (during application review process) - $2,250.
(iii) Permit renewal fee - Base application
			 fee.
(iv) Annual permit maintenance
			 fee - $11,250.
(5)
Annual permit maintenance fees will not be assessed during the years
			 in which permit renewal fees are assessed for commercial and noncommercial
			 facilities.
(b)
			 Each hazardous waste management facility or unit in which hazardous wastes are
			 treated, stored or disposed will be assessed an additional fee (unless said
			 fees are specifically excluded in subsections (c) and (d) below) for the type
			 of waste management activity(ies) being conducted, in accordance with the
			 schedule listed below. Fees addressed by this section shall be assessed and
			 collected with the base permit application fee (except for the provisions of
			 (g) below), the permit renewal fee, and annual permit maintenance fee and are
			 based on the permitted maximum design capacities (including accumulated solids,
			 where applicable), unless specified otherwise:
(1) Container Storage.
(i) Commercial - $10.00/100 gallons (or
			 equivalent volume)
(ii)
			 Noncommercial - $7.50/100 gallons (or equivalent volume).
(2) Tank Treatment and/or Storage.
(i) Commercial - $100.00/1000 gallons (or
			 equivalent volume)
(ii)
			 Noncommercial - $75.00/1000 gallons (or equivalent volume).
(3) Waste Pile Storage and/or
			 Disposal.
(i) Commercial - $10.00/cubic yard
			 (or equivalent volume)
(ii)
			 Noncommercial - $7.50/cubic yard (or equivalent volume).
(4) Surface Impoundment Treatment, Storage,
			 and/or Disposal.
(i) Commercial - $60.00/1000
			 gallons (or equivalent volume).
(ii) Noncommercial - $45.00/1000 gallons (or
			 equivalent volume).
(5)
			 Land Treatment/Land Farm Treatment or Disposal.
(i) Commercial - $10,000/acre.
(ii) Noncommercial - $7,500/acre. (Fee based
			 on active portion only.)
(6) Landfill Disposal.
(i) Commercial - $5,000/acre feet.
(ii) Noncommercial - $4,000/acre feet. (Fee
			 based on active portion only.)
(7) Incineration, Boilers, Industrial
			 Furnaces, and other Thermal Treatment (excluding Open Burning/Detonation of
			 Waste Explosives).
(i) Commercial -
			 $3,000/ton/hr.
(ii) Noncommercial -
			 $2,250/ton/hr. (Fee based on waste feed rate.)
(8) Open Burning/Detonation of Waste
			 Explosives.
(i) Commercial - $2.00/lb/day.
(ii) Noncommercial -
			 $1.50/lb/day.
(9) Other
			 Physical, Chemical, or Biological Treatment (not otherwise addressed in (1)
			 through (8) above).
(i) Commercial -
			 $20.00/100 gallons/day (or equivalent volume).
(ii) Noncommercial - $15.00/100 gallons/day
			 (or equivalent volume).
(c) The provisions of subsection (b) do not
			 apply to impoundments, tanks or other storage devices which are an integral
			 part of wastewater treatment systems required to have a NPDES discharge
			 permit.
(d) Underground Injection
			 Control (UIC) facilities which are subject to permitting for corrective action
			 under
			 40 CFR
			 264.101 and 40 CFR 270.60, but not otherwise
			 subject to permitting as a hazardous waste management facility, shall submit a
			 money order or cashier's check payable to the Division as set forth below:
(1) Commercial facility.
(i) Base application fee - $75,000.
(ii) Permit renewal fee - $30,000.
(iii) Annual permit maintenance
			 fee-$10,000.
(2)
			 Noncommercial facility.
(i) Base application
			 fee - $60,000.
(ii) Permit renewal
			 fee - $20,000.
(iii) Annual permit
			 maintenance fee - $7,500.
(e) Permit modification applications, other
			 than Class 1 modifications as defined at § 270.42, must be accompanied by
			 a money order or cashier's check payable to the Division. If payment is not
			 received with the permit modification application, the Division will send an
			 invoice for payment due within 5 business days. Payment of invoices may be made
			 through DEQ's online payment system (
www.adeq.state.ar.us/fiscal
).
			 The fee shall be 50% of the base permit application fee as set forth in
			 subsection (a). If additional waste management activities are applied for or
			 operating capacities increased, an additional waste management fee shall be
			 calculated from subsection (b) and added to the modification fee
			 total.
(f) [Reserved]
(g) For any facility whose permit application
			 is processed for an intent to deny the permit, but the facility submits a
			 revised application in response to this notice of intent to deny, the facility
			 shall be assessed 100% of the amount of the base application fee, and any
			 applicable waste management activity fees before further review of the
			 application is continued.
(h) The
			 maximum annual amount of fees (exclusive of the unsolicited application
			 amendment fee addressed at paragraph (a) above, and fees as addressed at
			 paragraph (g) above, and (s) below) collected for any hazardous waste
			 management facility permit pursuant to provisions of subsections (a), (b), (d),
			 and (e) shall not exceed $80,000 for noncommercial facilities or $100,000 for
			 commercial facilities, provided, however, that the Division may require such
			 additional fees to be collected from the owner or operator of a commercial
			 hazardous waste management facility as it deems necessary to compensate it for
			 costs of providing on-site inspectors under subsection (i).
(i) In addition to fees required by
			 subsections (a)-(e) any facility which as a condition of its permit is required
			 to have on-site inspectors shall, prior to the Division's issuance of permit,
			 submit a money order or cashier's check payable to the Division in the amount
			 of one fourth the estimated annual cost to the Division of maintaining such
			 inspectors and shall submit quarterly thereafter a money order or cashier's
			 check payable to the Division in the amount of one fourth the aforesaid
			 estimated annual costs. The Division may enter into contractual agreement with
			 qualified engineering and testing firms to conduct inspections as described
			 above.
(j) [Reserved]
Hazardous Waste Facility Operator
				Fees
(k)
			 Any person who applies to the Division for certification as an operator of a
			 commercial hazardous waste management facility shall submit as part of that
			 application a money order or cashier's check of $100 payable to the Division
			 for initial application and $25 annually thereafter for renewal of the
			 certification. Nonpayment of the renewal fee within thirty (30) days of the
			 anniversary date of issuance will cause automatic termination of the
			 certification.
Closure Plan Fees
(l) Any person who submits a
			 closure plan (partial or final) shall submit as part of said plan a money order
			 or cashier check payable to the Division to cover closure plan fees as set
			 forth below. The fees associated with this subsection are not applicable to
			 closure plans submitted with a permit application (Part B permit application)
			 for an operational permit at the time of permit application. They
are
applicable to closure of hazardous waste management units which
			 operated without a permit (whether authorized or not) which are being closed
			 under enforcement order or otherwise.
(1)
			 Container Storage Areas and Tank Units:
(i)
			 Initial Fee
(1) Commercial Facility -
			 $5,000/unit.
(2) Noncommercial
			 Facility - $4,000/unit.
(ii) Modification Fee
(1) Commercial Facility -
			 $3,000/unit.
(2) Noncommercial
			 Facility - $2,250/unit.
(2) Incinerators, Boilers, Industrial
			 Furnaces, and other Thermal Treatment Units.
(i) Initial Fee
(1) Commercial Facility -
			 $6,000/unit.
(2) Noncommercial
			 Facility - $4,500/unit.
(ii) Modification Fee
(1) Commercial Facility -
			 $3,000/unit.
(2) Noncommercial
			 Facility - $2,250/unit.
(3) Waste Pile, Land Treatment, Surface
			 Impoundment, and Landfill Units:
(i) Initial
			 Fee
(1) Commercial Facility -
			 $15,000/unit.
(2) Noncommercial
			 Facility - $11,250/unit.
(ii) Modification Fee
(1) Commercial Facility -
			 $5,000/unit.
(2) Noncommercial
			 Facility - $3,750/unit.
(4) Open Burning/Open Detonation Units:
(i) Initial Fee
(1) Commercial Facility -
			 $10,000/unit.
(2) Noncommercial
			 Facility - $7,500/unit.
(ii) Modification Fee
(1) Commercial Facility -
			 $5,000/unit.
(2) Noncommercial
			 Facility - $3,750/unit.
(5) Other Treatment Units:
(i) Initial Fee
(1) Commercial Facility -
			 $10,000/unit.
(2) Noncommercial
			 Facility - $7,500/unit.
(ii) Modification Fee
(1) Commercial Facility -
			 $5,000/unit.
(2) Noncommercial
			 Facility - $3,750/unit.
(m) The maximum initial closure plan fee
			 collected pursuant to subsection (j) shall not exceed $15,000 for noncommercial
			 facilities or $20,000 for commercial facilities. A modification fee is not
			 applicable if an amendment to the closure plan is made necessary due to changes
			 in rules which become effective subsequent to submissions of the closure plan
			 for approval.
Monitoring/Inspection Fees
(n) All treatment, storage, and
			 disposal facilities (TSDF) shall be charged an annual monitoring/inspection fee
			 as set forth below:
(1) Commercial treatment,
			 storage or disposal facilities - $2,250.
(2) Noncommercial treatment or disposal
			 facilities - $1,500.
(3)
			 Noncommercial storage facilities - $1,125.
Each TSDF shall submit a money order or cashier's check payable
				to the Division by January 1 of each calendar year beginning January 1, 1990,
				and annually thereafter.
(o) [Reserved]
(p) All large quantity generators shall be
			 charged an annual monitoring/inspection fee of $500. Each generator shall
			 submit a money order or cashier's check payable to the Division by January 1 of
			 each calendar year.
(q) All small
			 quantity generators shall be charged an annual monitoring/inspection fee of
			 $150. Each small quantity generator shall submit a money order or cashier's
			 check payable to the Division by January 1 of each calendar year.
(r) All transporter transfer facilities shall
			 be charged an annual monitoring/inspection fee of $50. Each transfer facility
			 shall submit a money order or cashier's check payable to the Division by
			 January 1 of each calendar year.
(s) The fees associated with subsections (p),
			 (q) and (r) shall be in addition to any fees specified elsewhere in this
			 section. Monitoring and inspection fees are billed by the Division according to
			 the latest Notification of Regulated Waste Activity on file at the Division.
Miscellaneous Fees and
				Costs
(t)
			 Corrective Action Document (and other Technical Document or Proposal) Review
			 (CADR) Fees. Staff review for all corrective action and/or technical documents
			 and proposals, whether pursuant to an enforcement order, pursuant to seeking a
			 permit, or based upon a request from a facility, firm or individual, will be
			 charged at an initial rate of $60.001 per staff hour for review time, but not
			 exceeding $15,000 per year for each solid waste management unit or group of
			 solid waste management units in which the group of units will clearly be
			 remediated as a single corrective action management unit. This is intended to
			 include all work associated with corrective measures investigation, study, and
			 implementation; and all proposal and technical documents reviewed by the
			 Division.
(1) In addition, this fee shall be
			 assessed for detailed technical document reviews such as, but not limited to,
			 plans and specifications for actual closure construction (not closure plans in
			 applications), documents submitted to comply with new regulatory requirements,
			 documents for facility or process proposals, etc., reviewed by the
			 Division.
(2) In the case where a
			 facility is providing for payment of third party oversight services, which
			 accompanies the work described in the two paragraphs immediately above, the
			 maximum total review fee charged by the Division shall not exceed an annual
			 amount equal to $2,500 for each solid waste management unit at the facility or
			 10% of the maximum oversight contract limit, for a twelve month period for the
			 third-party oversight contract(s), whichever is least.
(3) The hourly technical review fee shall be
			 adjusted annually according to the inflation rate as determined by the U.S.
			 Department of Labor estimate of Consumer Price Index (CPI) for the specific
			 year in question.
(u)
			 Whenever the Division incurs an expense as a result of investigating any
			 violation of this Rule or as a result of responding to and monitoring the
			 effects of, spills of hazardous waste, including upset conditions within a
			 hazardous waste management facility or other location which generates or
			 handles hazardous waste, the Director may require the person responsible for
			 such violation, spill or upset condition to submit a money order or cashier's
			 check to the Division associated with the Division's response, investigations
			 and monitoring activities. The charges associated with this subsection (u)
			 shall be in addition to any fees specified elsewhere in this section.
(v) [Reserved]
(1)
This fee is adjusted at the first
			 of April each calendar year. As a result of applying the annual updates, the
			 CADR fee rate as of April 2012 was $92.71 per hour.
(w) Fees collected under this
			 Section shall not be refunded should a permit application or certification be
			 disapproved pursuant to the provisions of this Rule or voluntarily withdrawn by
			 the applicant. Nothing in this subsection shall prohibit the Division from
			 crediting unused portions of fees from permitted facilities toward future
			 fees.
(x) All fees pursuant to this
			 Section are due and payable in accordance with each subsection. A late fee of
			 ten (10) percent of the total fee shall be charged for any fees unpaid after
			 forty five (45) days from the billing date. No permit will be issued when
			 indebtedness exists as a result of nonpayment of any of the above fees.
			 Continued refusal to pay the required fees after a reasonable notice shall
			 constitute a violation of this Rule and shall be grounds for legal action by
			 the Division, which may include permit revocation.
(y) A financial assessment of the fee system
			 shall be presented to the Commission annually by the Director.
(z) Fees and costs associated with the public
			 participation proceedings regarding permit applications, permit decisions, or
			 undertaking remedial or corrective action measures shall be borne by the permit
			 applicant or facilitys responsible party(ies). Such costs shall include, but
			 are not limited to, charges for third parties such as publication fees, rental
			 charges for hearing halls, professional charges for recording and
			 transcription, and similar expenses associated with the public participation
			 proceedings.
(aa)
Fees on the
			 Generation of Hazardous Waste
(1) On
			 or before April 1 of each year:
(i) Every
			 person who generated hazardous wastes in Arkansas during the preceding calendar
			 year; and every person who accepted for treatment, storage, or disposal in
			 Arkansas during the preceding calendar year hazardous wastes generated outside
			 the State shall report the total amount of such hazardous wastes generated or
			 accepted to the Director on forms prescribed by the Division. (Note: for
			 facilities subject to the Arkansas Annual Report of Hazardous Waste at
			 §§ 262.41, 264.75, and/or 265.75, submission of the Annual Report on
			 or before March 1 fulfills this reporting requirement.)
(ii) Every person required to report wastes
			 pursuant to subsection (a) above shall be assessed a fee, based upon the
			 combined total of such wastes (except as exempted at paragraph (3) below) and
			 billed by the Division in accordance with reported waste generation, to be paid
			 to the Division on or before July 1 of each year. These fees shall be
			 calculated and paid according to the following schedule:
Category
Pounds Generated
Annual Fee
1
0 to 29,999
$ 0.00
2
30,000 to 99,999
$ 750.00
3
100,000 to 199,999
$ 1,500.00
4
200,000 to 299,999
$ 3,000.00
5
300,000 to 399,999
$ 5,000.00
6
400,000 to 499,999
$ 7,500.00
7
500,000 and above
$10,000.00
(iii)
			 No fee shall be assessed pursuant to paragraph (ii) above for hazardous wastes
			 excluded from inclusion in a facility's determination of its compliance status
			 or category as a generator (pursuant to § 261.5(c)(1)-(6) of this
			 rule.
Section
			 260.
HAZARDOUS WASTE MANAGEMENT SYSTEM - GENERAL
Subsection A
- General
§ 260.1
Purpose, scope, and
			 applicability
(a) This section provides
			 definitions of terms, general standards, and overview information applicable to
			 Sections 260 through 279 of this rule.
(b) In this part:
(1) Section 260.2 sets forth the rules that
			 the Division will use in making information it receives available to the public
			 and sets forth the requirements that generators, transporters, or owners or
			 operators of treatment, storage, or disposal facilities must follow to assert
			 claims of business confidentiality with respect to information that is
			 submitted to DEQ under Sections 260 through 265 and 268 of this rule.
(2) Section 260.3 establishes rules of
			 grammatical construction for Sections 260 through 265 and 268 of this
			 rule.
(3) Section 260.10 defines
			 terms which are used in Sections 260 through 265 and 268 of this
			 rule.
(4) Section 260.20
			 establishes procedures for petitioning the Commission to amend, modify, or
			 revoke any provision of Sections 260 through 265 and 268 of this rule and
			 establishes procedures governing the Commission's action on such
			 petitions.
(5) Section 260.21
			 establishes procedures for petitioning the Commission to approve testing
			 methods as equivalent to those prescribed in Sections 261, 264, or 265 of this
			 rule.
(6) Section 260.22
			 establishes procedures for petitioning the Commission to amend subsection D of
			 Section 261 to exclude a waste from a particular facility.
§ 260.2
Availability of information; confidentiality of information
(a) Any information provided to the
			 Commission or the Division under this rule will be made available to the public
			 to the extent and in the manner authorized by the Arkansas Freedom of
			 Information Act, Ark. Code Ann. § 25-19-100
et.seq
., and
			 the federal Freedom of Information Act,
			 5
			 U.S.C. section 552, section 3007(b) of RCRA
			 and EPA regulations implementing the Freedom of Information Act and RCRA
			 section 3007(b), as applicable.
(b)
			 Except as provided under paragraphs (c) and (d) of this section, any person who
			 submits information to the Commission or Division in accordance with sections
			 260 through 266 and 268 of this rule may assert a claim of business
			 confidentiality covering part or all of that information by following the
			 procedures set forth in § 270.12 of this rule. Information covered by such
			 a claim will be disclosed by the Commission or Division only to the extent, and
			 by means of the procedures, set forth in § 270.12(h) except that
			 information required by § 262.83 that is submitted in a notification of
			 intent to export a hazardous waste will be provided to the U.S. Department of
			 State and the appropriate authorities in the transit and receiving or importing
			 countries regardless of any claims of confidentiality. However, if no such
			 claim accompanies the information when it is received by the Division, it may
			 be made available to the public without further notice to the person submitting
			 it.
(c)
(1) After August 6, 2014, no claim of
			 business confidentiality may be asserted by any person with respect to
			 information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a
			 Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an
			 electronic manifest format that may be prepared and used in accordance with
			 § 262.20(a)(3) of this section.
(2) EPA will make any electronic manifest
			 that is prepared and used in accordance with § 262.20(a)(3), or any paper
			 manifest that is submitted to the system under §§ 264.71(a)(6) or
			 265.71(a)(6) of this chapter available to the public under this section when
			 the electronic or paper manifest is a complete and final document. Electronic
			 manifests and paper manifests submitted to the system are considered by EPA to
			 be complete and final documents and publicly available information after 90
			 days have passed since the delivery to the designated facility of the hazardous
			 waste shipment identified in the manifest.
(d)
(1)
			 After June 26, 2018, no claim of business confidentiality may be asserted by
			 any person with respect to information contained in cathode ray tube export
			 documents prepared, used and submitted under §§ 261.39(a)(5) and
			 261.41(a) of this rule, and with respect to information contained in hazardous
			 waste export, import, and transit documents prepared, used and submitted under
			 §§ 262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, 265.71,
			 and 267.71 of this rule, whether submitted electronically into EPA's Waste
			 Import Export Tracking System or in paper format.
(2) EPA will make any cathode ray tube export
			 documents prepared, used and submitted under §§ 261.39(a)(5) and
			 261.41(a) of this chapter, and any hazardous waste export, import, and transit
			 documents prepared, used and submitted under §§ 262.82, 262.83,
			 262.84, 263.20, 264.12, 264.71, 265.12, 265.71, and 267.71 of this chapter
			 available to the public under this section when these electronic or paper
			 documents are considered by EPA to be final documents. These submitted
			 electronic and paper documents related to hazardous waste exports, imports and
			 transits and cathode ray tube exports are considered by EPA to be final
			 documents on March 1 of the calendar year after the related cathode ray tube
			 exports or hazardous waste exports, imports, or transits occur.
§ 260.3
Use
			 of number and gender
As used in Sections 260 through 273 of this rule:
(a) Words in the masculine gender also
			 include the feminine and neuter genders; and
(b) Words in the singular include the plural;
			 and
(c) Words in the plural include
			 the singular.
§
			 260.4
Manifest copy submission requirements for certain
			 interstate waste shipments.
(a) In any
			 case in which the state in which waste is generated, or the state in which
			 waste will be transported to a designated facility, requires that the waste be
			 regulated as a hazardous waste or otherwise be tracked through a hazardous
			 waste manifest, the designated facility that receives the waste shall,
			 regardless of the state in which the facility is located:
(1) Complete the facility portion of the
			 applicable manifest;
(2) Sign and
			 date the facility certification;
(3) Submit to the e-Manifest system a final
			 copy of the manifest for data processing purposes; and
(4) Pay the appropriate per manifest fee to
			 EPA for each manifest submitted to the e-Manifest system, subject to the fee
			 determination methodology, payment methods, dispute procedures, sanctions, and
			 other fee requirements specified in subsection FF of Rule No. 23 Section
			 264.
§
			 260.5
Applicability of electronic manifest system and user
			 fee requirements to facilities receiving state-only regulated waste
			 shipments.
(a) For purposes of this
			 section, "state-only regulated waste" means:
(1) A non-RCRA waste that a state regulates
			 more broadly under its state regulatory program, or
(2) A RCRA hazardous waste that is federally
			 exempt from manifest requirements, but not exempt from manifest requirements
			 under state law.
(b) In
			 any case in which a state requires a RCRA manifest to be used under state law
			 to track the shipment and transportation of a state-only regulated waste to a
			 receiving facility, the facility receiving such a waste shipment for management
			 shall:
(1) Comply with the provisions of
			 §§264.71 (use of the manifest) and 264.72 (manifest discrepancies) of
			 this chapter; and
(2) Pay the
			 appropriate per manifest fee to EPA for each manifest submitted to the
			 e-Manifest system, subject to the fee determination methodology, payment
			 methods, dispute procedures, sanctions, and other fee requirements specified in
			 subsection FF of Rule No. 23 Section 264.
Subsection B
--
			 Definitions
§ 260.10
Definitions
When used in Sections 260 through 279 of this rule, the
				following terms have the meanings given below:
"
Above ground tank
" means a device meeting the
				definition of "tank" in § 260.10 and that is situated in such a way that
				the entire surface area of the tank is completely above the plane of the
				adjacent surrounding surface and the entire surface area of the tank (including
				the tank bottom) is able to be visually inspected.
"
Act
" means the Arkansas Hazardous Waste
				Management Act of 1979 (A.C.A. §§ 8-7-201 et seq.), as
				amended.
"
Active life of a facility
" means the period from
				the initial receipt of hazardous waste at the facility until the Director
				receives certification of final closure.
"
Active Portion
" means that portion of a
				facility where treatment, storage, or disposal operations are being or have
				been conducted after the effective date of provisions of this rule subjecting
				such facility to regulation, and which is not a closed portion. (See also
				"closed portion" and "inactive portion".)
"Acute hazardous waste"
means: hazardous wastes
				that meet the listing criteria in § 261.11(a)(2) and therefore are either
				listed in § 261.31 of this section with the assigned hazard code of (H) or
				are listed in § 261.33(e) of this section.
"
Administrator
" means the Administrator of the
				U.S. Environmental Protection Agency, or his designee.
"AES filing compliance date"
means: the date that
				EPA announces in the Federal Register, on or after which exporters of hazardous
				waste and exporters of cathode ray tubes for recycling are required to file EPA
				information in the Automated Export System or its successor system, under the
				International Trade Data System (ITDS) platform.
"
Ancillary equipment
" means any device including,
				but not limited to, such devices as piping, fittings, flanges, valves, and
				pumps, that is used to distribute, meter, or control the flow of hazardous
				waste from its point of generation to a storage or treatment tank(s), between
				hazardous waste storage and treatment tanks to a point of disposal onsite, or
				to a point of shipment for disposal off-site.
"
Aquifer
" means a geologic formation, group of
				formations, or part of a formation capable of yielding a significant amount of
				ground water to wells or springs.
"
Authorized representative
" means the person
				responsible for the overall operation of a facility or an operational unit
				(i.e., part of a facility), e.g., the plant manager, superintendent or person
				of equivalent responsibility.
"
Battery
" means a device consisting of one or more
				electrically connected electrochemical cells which is designed to receive,
				store, and deliver electric energy. An electrochemical cell is a system
				consisting of an anode, cathode, and an electrolyte, plus such connections
				(electrical and mechanical) as may be needed to allow the cell to deliver or
				receive electrical energy. The term "battery" also includes an intact, unbroken
				battery from which the electrolyte has been removed.
"
Boiler
" means an enclosed device using controlled
				flame combustion and having the following characteristics:
(1)
(i) The
			 unit must have physical provisions for recovering and exporting thermal energy
			 in the form of steam, heated fluids, or heated gases; and
(ii) The unit's combustion chamber and
			 primary energy recovery sections(s) must be of integral design. To be of
			 integral design, the combustion chamber and the primary energy recovery
			 section(s) (such as waterwalls and superheaters) must be physically formed into
			 one manufactured or assembled unit. A unit in which the combustion chamber and
			 the primary energy recovery section(s) are joined only by ducts
(iii) While in operation, the unit must
			 maintain a thermal energy recovery efficiency of at least 60 percent,
			 calculated in terms of the recovered energy compared with the thermal value of
			 the fuel; and
(iv) The unit must
			 export and utilize at least 75 percent of the recovered energy, calculated on
			 an annual basis. In this calculation, no credit shall be given for recovered
			 heat used internally in the same unit. (Examples of internal use are the
			 preheating of fuel or combustion air, and the driving of induced or forced
			 draft fans or feedwater pumps); or
(2) The unit is one which the Director has
			 determined, on a case-by-case basis, to be a boiler, after considering the
			 standards in § 260.32.
"Carbon dioxide stream
" means carbon
			 dioxide that has been captured from an emission source (e.g., power plant),
			 plus incidental associated substances derived from the source materials and the
			 capture process, and any substances added to the stream to enable or improve
			 the injection process.
"
Carbon regeneration unit
" means any enclosed
				thermal treatment device used to regenerate spent activated carbon.
"Cathode ray tube"
or
"CRT"
means a
				vacuum tube, composed primarily of glass, which is the visual or video display
				component of an electronic device. A used, intact CRT means a CRT whose vacuum
				has not been released. A used, broken CRT means glass removed from its housing
				or casing whose vacuum has been released.
"Central accumulation area"
means: any on-site
				hazardous waste accumulation area with hazardous waste accumulating in units
				subject to either § 262.16 (for small quantity generators) or §
				262.17 of this section (for large quantity generators). A central accumulation
				area at an eligible academic entity that chooses to operate under section 262
				subsection K is also subject to § 262.211 when accumulating unwanted
				material and/or hazardous waste.
"
Certification
" means a statement of professional
				opinion based upon knowledge and belief.
"
CFR"
means the Code of
				Federal Regulations.
"
Closed portion
" means that portion of a facility
				which an owner or operator has closed in accordance with the approved facility
				closure plan and all applicable closure requirements. (See also "active
				portion" and "inactive portion".)
"
Commercial Hazardous Waste Management
				Facility
" means a hazardous waste management facility which does not
				meet the definition of a noncommercial hazardous waste facility as defined in
				this section.
"
Commingling
" means transfer of different
				hazardous wastes between DOT-approved containers performed by a transporter
				where the containers holding such wastes may be opened and mixed with other
				hazardous wastes. Any commingling that constitutes treatment as defined in this
				Section cannot occur in the course of transportation.
"
Commission
" means the Arkansas Pollution
				Control and Ecology Commission.
"
Component
" means either the tank or ancillary
				equipment of a tank system.
"
Confined aquifer
" means an aquifer bounded above
				and below by impermeable beds or by beds of distinctly lower permeability than
				that of the aquifer itself; an aquifer containing confined ground water.
"
Consolidation
" means the transfer of containers
				of hazardous waste between transport conveyances by a hazardous waste
				transporter for the sole purpose of achieving transportation efficiencies where
				the containers holding such wastes are not opened or the wastes
				repackaged.
"
Contained
" means held in a unit (including a
				land-based unit as defined in this subsection) that meets the following
				criteria:
(1) The unit is in
			 good condition, with no leaks or other continuing or intermittent unpermitted
			 releases of the hazardous secondary materials to the environment, and is
			 designed, as appropriate for the hazardous secondary materials, to prevent
			 releases of hazardous secondary materials to the environment. Unpermitted
			 releases are releases that are not covered by a permit (such as a permit to
			 discharge to water or air) and may include, but are not limited to, releases
			 through surface transport by precipitation runoff, releases to soil and
			 groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit
			 failures;
(2) The unit is properly
			 labeled or otherwise has a system (such as a log) to immediately identify the
			 hazardous secondary materials in the unit; and
(3) The unit holds hazardous secondary
			 materials that are compatible with other hazardous secondary materials placed
			 in the unit and is compatible with the materials used to construct the unit and
			 addresses any potential risks of fires or explosions.
(4) Hazardous secondary materials in units
			 that meet the applicable requirements of APC&EC Rule No. 23 Sections 264 or
			 265 are presumptively contained.
"
Container
" means any portable device in which a
				material is stored, transported, treated, disposed of, or otherwise
				handled.
"
Containment Building
" means a hazardous waste
				management unit that is used to store or treat hazardous waste under the
				provisions of Subsection DD of Sections 264 or 265 of this rule.
"
Contingency Plan
" means a document setting out an
				organized, planned, and coordinated course of action to be followed in case of
				a fire, explosion, or release of hazardous waste or hazardous waste
				constituents which could threaten human health or the environment.
"
Corrosion expert
" means a person who, by reason
				of his knowledge of the physical sciences and the principles of engineering and
				mathematics, acquired by a professional education and related practical
				experience, is qualified to engage in the practice of corrosion control on
				buried or submerged metal piping systems and metal tanks. Such a person must be
				certified as being qualified by the National Association of Corrosion Engineers
				(NACE) or be a registered professional engineer who has certification or
				licensing that includes education and experience in corrosion control on buried
				or submerged metal piping systems and metal tanks.
"CRT collector"
means a person who receives used,
				intact CRTs for recycling, repair, resale, or donation.
"CRT exporter"
means any person in the United
				States who initiates a transaction to send used CRTs outside the United States
				or its territories for recycling or reuse, or any intermediary in the United
				States arranging for such export.
"CRT glass manufacturer"
means an operation or
				part of an operation that uses a furnace to manufacture CRT glass.
"CRT processing"
means conducting all of the
				following activities:
(1)
			 Receiving broken or intact CRTs; and
(2) Intentionally breaking intact CRTs or
			 further breaking or separating broken CRTs; and
(3) Sorting or otherwise managing glass
			 removed from CRT monitors.
"
Division
" or
			 "
DEQ
" means the Division of Environmental Quality.
"Designated facility"
means (a hazardous waste
				treatment, storage, or disposal facility which :
(1) has received a permit (or interim status)
			 in accordance with the requirements of Section 270 of this Rule and 40 CFR
			 124,
(2) has received a permit (or
			 interim status) from a State authorized in accordance with 40 CFR 271,
			 or
(3) is regulated under §
			 261.6(c)(2) or Subsection F of Section 266 of this Rule, and
(4) that has been designated on the manifest
			 by the generator pursuant to § 262.20 of this Rule.
"Designated facility"
also means a generator site
				designated on the manifest to receive its waste as a return shipment from a
				facility that has rejected the waste in accordance with § 264.72(f) or
				§ 265.72(f) of this Rule. If a waste is destined to a facility in an
				authorized State which has not yet obtained authorization to regulate that
				particular waste as hazardous, then the designated facility must be a facility
				allowed by the receiving State to accept such waste.
"Destination facility"
means a facility that
				treats, disposes of, or recycles a particular category of universal waste,
				except those management activities described in subparagraphs (a) and (c) of
				sections 273.13 and 273.33. A facility at which a particular category of
				universal waste is only accumulated, is not a destination facility for purposes
				of managing that category of universal waste.
"
Dike
" means an embankment or ridge of either
				natural or man-made materials used to prevent the movement of liquids, sludges,
				solids, or other materials.
"Dioxins and furans (D/F)"
means tetra, penta,
				hexa, hepta, and octa-chlorinated dibenzo dioxins and furans.
"Director"
means the
				Director of the Division of Environmental Quality, or his designated
				representative.
"
Discharge
or
hazardous waste
				discharge
" means the accidental or intentional spilling, leaking,
				pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on
				any land or water.
"
Disposal
" means the discharge, deposit,
				injection, dumping, spilling, leaking, or placing of any solid waste or
				hazardous waste into or on any land or water so that such solid waste or
				hazardous waste or any constituent thereof may enter the environment or be
				emitted into the air or discharged into any waters, including ground
				waters.
"
Disposal facility
" means a facility or part of a
				facility at which hazardous waste is intentionally placed into or on any land
				or water, and at which waste will remain after closure. The term
disposal facility
does not include a corrective action
				management unit into which remediation wastes are placed.
"
Drip pad
" is an engineered structure consisting
				of a curbed, free-draining base, constructed of non-earthen materials and
				designed to convey preservative kick-back or drippage from treated wood,
				precipitation, and surface water run-on to an associated collection system at
				wood preserving plants.
"Electronic import-export reporting compliance date"
means: the date that EPA announces in the Federal Register, on or after
				which exporters, importers, and receiving facilities are required to submit
				certain export and import related documents to EPA using EPA's Waste Import
				Export Tracking System, or its successor system.
"Electronic manifest"
(or e-Manifest) means the
				electronic format of the hazardous waste manifest that is obtained from EPA's
				national e-Manifest system and transmitted electronically to the system, and
				that is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A
				(Continuation Sheet).
"Electronic Manifest System"
(or
				e-Manifest System)
means EPA's national information technology system
				through which the electronic manifest may be obtained, completed, transmitted,
				and distributed to users of the electronic manifest and to regulatory
				agencies.
"Elementary neutralization unit"
means a device
				which:
(1) Is used for
			 neutralizing wastes that are hazardous only because they exhibit the
			 corrosivity characteristic defined in § 261.22 of this rule, or they are
			 listed in Subsection D of Section 261 of this rule only for this reason;
			 and
(2) Meets the definition of
			 tank, tank system, container, transport vehicle, or vessel in § 260.10 of
			 this rule.
"
EPA hazardous waste number
" means the unique
				number assigned by the EPA to each hazardous waste listed in Section 261,
				Subsection D, of this rule and to each characteristic identified in Section
				261, Subsection C, of this rule.
"EPA identification
				number
" means the number assigned by EPA or the
				Division of Environmental Quality to each generator, transporter, and
				treatment, storage, or disposal facility.
"
EPA region
" means the states and territories
				found in any one of the following ten regions:
Region I - Maine, Vermont, New Hampshire, Massachusetts,
				Connecticut, and Rhode Island.
Region II - New York, New Jersey, Commonwealth of Puerto Rico,
				and the U.S. Virgin Islands.
Region III - Pennsylvania, Delaware, Maryland, West Virginia,
				Virginia, and the District of Columbia.
Region IV - Kentucky, Tennessee, North Carolina, Mississippi,
				Alabama, Georgia, South Carolina, and Florida.
Region V - Minnesota, Wisconsin, Illinois, Michigan, Indiana
				and Ohio.
Region VI - New Mexico, Oklahoma,
Arkansas
,
				Louisiana, and Texas.
Region VII - Nebraska, Kansas, Missouri, and Iowa.
Region VIII - Montana, Wyoming, North Dakota, South Dakota,
				Utah, and Colorado.
Region IX - California, Nevada, Arizona, Hawaii, Guam, American
				Samoa, Commonwealth of the Northern Mariana Islands.
Region X - Washington, Oregon, Idaho, and Alaska.
"
Equivalent method
" means any testing or
				analytical method approved by the Commission under §§ 260.20 and
				260.21.
"
Existing hazardous waste management (HWM)
				facility
" or "
existing facility
" means a facility which was
				in operation or for which construction commenced on or before March 14, 1979. A
				facility has commenced construction if:
(1)
The owner or operator has
			 obtained the Federal, State and local approvals or permits necessary to begin
			 physical construction; and either
(2)
(i)
A continuous on-site, physical construction program has begun;
			 or
(ii)
The owner
			 or operator has entered into contractual obligations - which cannot be
			 cancelled or modified without substantial loss - for physical construction of
			 the facility to be completed within a reasonable time.
"
Existing portion
" means that land surface area of
				an existing waste management unit, included in the original part A permit
				application, on which wastes have been placed prior to the issuance of a
				permit.
"
Existing tank system
" or "
existing
				component
" means a tank system or component that is used for the storage
				or treatment of hazardous waste and that is in operation, or for which
				installation has commenced on or prior to July 14, 1986. Installation will be
				considered to have commenced if the owner or operator has obtained all Federal,
				State, and local approvals or permits necessary to begin physical construction
				of the site or installation of the tank system and if either (1) a continuous
				on-site physical construction or installation program has begun, or (2) the
				owner or operator has entered into contractual obligations - which cannot be
				canceled or modified without substantial loss - for physical construction of
				the site or installation of the tank system to be completed within a reasonable
				time.
"Explosives or munitions emergency"
means a
				situation involving the suspected or detected presence of unexploded ordnance
				(UXO), damaged or deteriorated explosives or munitions, an improvised explosive
				device (IED), other potentially explosive material or device, or other
				potentially harmful military chemical munitions or device, that creates an
				actual or potential imminent threat to human health, including safety, or the
				environment, including property, as determined by an explosives or munitions
				emergency response specialist. Such situations may require immediate and
				expeditious action by an explosives or munitions emergency response specialist
				to control, mitigate, or eliminate the threat.
"Explosives or munitions emergency response"
means
				all immediate response activities by an explosives and munitions emergency
				response specialist to control, mitigate, or eliminate the actual or potential
				threat encountered during an explosives or munitions emergency. An explosives
				or munitions emergency response may include in-place render-safe procedures,
				treatment or destruction of the explosives or munitions and/or transporting
				those items to another location to be rendered safe, treated, or destroyed. Any
				reasonable delay in the completion of an explosives or munitions emergency
				response caused by a necessary, unforeseen, or uncontrollable circumstance will
				not terminate the explosives or munitions emergency. Explosives and munitions
				emergency responses can occur on either public or private lands and are not
				limited to responses at RCRA facilities.
"Explosives or munitions emergency response
				specialist"
means an individual trained in chemical or conventional
				munitions or explosives handling, transportation, render-safe procedures, or
				destruction techniques. Explosives or munitions emergency response specialists
				include Department of Defense (DOD) emergency explosive ordnance disposal
				(EOD), technical escort unit (TEU), and DOD-certified civilian or contractor
				personnel; and other Federal, State, or local government, or civilian personnel
				similarly trained in explosives or munitions emergency responses.
				"
Facility
" means:
(1) All contiguous land, and structures,
			 other appurtenances, and improvements on the land, used for treating, storing,
			 or disposing of hazardous waste, or for managing hazardous secondary materials
			 prior to reclamation. A facility may consist of several treatment, storage, or
			 disposal operational units (e.g., one or more landfills, surface impoundments,
			 or combinations of them).
(2) For
			 the purpose of implementing corrective action under § 264.101 or 267.101
			 of this rule, all contiguous property under the control of the owner or
			 operator seeking a permit under Subtitle C of RCRA a
nd/or the Arkansas
			 Hazardous Waste Management Act.
This definition also applies to
			 facilities implementing corrective action under RCRA § 3008(h)
or
			 the Arkansas Remedial Action Trust Fund Act.
(3) Notwithstanding paragraph (2) of this
			 definition, a remediation waste management site is not a facility that is
			 subject to § 264.101, but is subject to corrective action requirements if
			 the site is located within such a facility.
"
Federal agency
" means any department, agency, or
				other instrumentality of the Federal Government, any independent agency or
				establishment of the Federal Government including any Government corporation,
				and the Government Printing Office.
"
Federal, State and local approvals or permits necessary
				to begin physical construction
" means permits and approvals required
				under Federal, State or local hazardous waste control statutes, regulations or
				ordinances.
"
Final closure
" means the closure of all hazardous
				waste management units at the facility in accordance with all applicable
				closure requirements so that hazardous waste management activities under
				Sections 264 and 265 of this rule are no longer conducted at the facility
				unless subject to the provisions in § 262.34.
"
Food-chain crops
" means tobacco, crops grown for
				human consumption, and crops grown for feed for animals whose products are
				consumed by humans.
"
Free liquids
" means liquids which readily
				separate from the solid portion of a waste under ambient temperature and
				pressure.
"
Freeboard
" means the vertical distance between
				the top of a tank or surface impoundment dike, and the surface of the waste
				contained therein.
"Generation"
means the
				act or process which results in the production of waste
				materials.
"
Generator
" means any person, by site, whose act
				or process produces hazardous waste identified or listed in Section 261 of this
				rule or whose act first causes a hazardous waste to become subject to
				regulation.
"
Ground water
" means water below the land surface
				in a zone of saturation.
"
Hazardous secondary material
" means a secondary
				material (e.g., spent material, byproduct, or sludge) that, when discarded,
				would be identified as hazardous waste under Section 261 of this rule.
"
Hazardous secondary material generator
" means any
				person whose act or process produces hazardous secondary materials at the
				generating facility. For purposes of this paragraph, "generating facility"
				means all contiguous property owned, leased, or otherwise controlled by the
				hazardous secondary material generator. For the purposes of §
				261.2(a)(2)(ii) and § 261.4(a)(23), a facility that collects hazardous
				secondary materials from other persons is not the hazardous secondary material
				generator.
"
Hazardous Waste
" means a hazardous waste as
				defined in § 261.3 of this rule.
"
Hazardous waste constituent
" means a constituent
				that caused the EPA Administrator or Commission to list the hazardous waste in
				Section 261, Subsection D, of this rule, or a constituent listed in Table 1 of
				§ 261.24 of this rule.
"Hazardous waste management"
means the systematic control of the generation,
				collection, distribution, marketing, source separation, storage,
				transportation, processing, recovery, disposal and treatment of hazardous
				waste.
"
Hazardous waste management unit
" is a contiguous
				area of land on or in which hazardous waste is placed, or the largest area in
				which there is significant likelihood of mixing hazardous waste constituents in
				the same area. Examples of hazardous waste management units include a surface
				impoundment, a waste pile, a land treatment area, a landfill cell, an
				incinerator, a tank and its associated piping and underlying containment system
				and a container storage area. A container alone does not constitute a unit; the
				unit includes containers and the land or pad upon which they are placed.
"
In operation
" refers to a facility which is
				treating, storing, or disposing of hazardous waste.
"
Inactive portion
" means that portion of a
				facility which is not operated after the effective date of § 261 of this
				rule. (See also "active portion" and "closed portion".)
"
Incinerator
" means any enclosed device
				that:
(1) Uses controlled
			 flame combustion and neither meets the criteria for classification as a boiler,
			 sludge dryer, or carbon regeneration unit, nor is listed as an industrial
			 furnace; or
(2) Meets the
			 definition of infrared incinerator or plasma arc incinerator.
			 "
Incompatible waste
" means a hazardous waste which is unsuitable
			 for:
(1) Placement in a particular
			 device or facility because it may cause corrosion or decay of containment
			 materials (e.g., container inner liners or tank walls); or
(2) Commingling with another waste or
			 material under uncontrolled conditions because the commingling might produce
			 heat or pressure, fire or explosion, violent reaction, toxic dusts, mists,
			 fumes, or gases, or flammable fumes or gases.
(See appendix V of Sections 264 and 265 of this rule for
				examples.)
"
Individual generation site
" means the contiguous
				site at or on which one or more hazardous wastes are generated. An individual
				generation site, such as a large manufacturing plant, may have one or more
				sources of hazardous waste but is considered a single or individual generation
				site if the site or property is contiguous.
"
Industrial furnace
" means any of the following
				enclosed devices that are integral components of manufacturing processes and
				that use thermal treatment to accomplish recovery of materials or
				energy:
(1) Cement
			 kilns
(2) Lime kilns
(3) Aggregate kilns
(4) Phosphate kilns
(5) Coke ovens
(6) Blast furnaces
(7) Smelting, melting and refining furnaces
			 (including pyrometallurgical devices such as cupolas, reverberator furnaces,
			 sintering machine, roasters, and foundry furnaces)
(8) Titanium dioxide chloride process
			 oxidation reactors
(9) Methane
			 reforming furnaces
(10) Pulping
			 liquor recovery furnaces
(11)
			 Combustion devices used in the recovery of sulfur values from spent sulfuric
			 acid
(12) Halogen acid furnaces
			 (HAFs) for the production of acid from halogenated hazardous waste generated by
			 chemical production facilities where the furnace is located on the site of a
			 chemical production facility, the acid product has a halogen acid content of at
			 least 3%, the acid product is used in a manufacturing process, and, except for
			 hazardous waste burned as fuel, hazardous waste fed to the furnace has a
			 minimum halogen content of 20% as-generated.
(13) Such other devices as the Commission
			 may, after notice and comment, add to this list on the basis of one or more of
			 the following factors:
(i) The design and use
			 of the device primarily to accomplish recovery of material products;
(ii) The use of the device to burn or reduce
			 raw materials to make a material product;
(iii) The use of the device to burn or reduce
			 secondary materials as effective substitutes for raw materials, in processes
			 using raw materials as principal feedstocks;
(iv) The use of the device to burn or reduce
			 secondary materials as ingredients in an industrial process to make a material
			 product;
(v) The use of the device
			 in common industrial practice to produce a material product; and
(vi) Other factors, as appropriate.
			 "
Infrared incinerator
" means any enclosed device that uses
			 electric powered resistance heaters as a source of radiant heat followed by an
			 afterburner using controlled flame combustion and which is not listed as an
			 industrial furnace.
"
Inground tank
" means a device meeting the
				definition of "tank" in § 260.10 whereby a portion of the tank wall is
				situated to any degree within the ground, thereby preventing visual inspection
				of that external surface area of the tank that is in the ground.
"
Injection well
" means a well into which fluids
				are injected. (See also "underground injection".) "
Inner liner
"
				means a continuous layer of material placed inside a tank or container which
				protects the construction materials of the tank or container from the contained
				waste or reagents used to treat the waste.
"
Installation inspector
" means a person who, by
				reason of his knowledge of the physical sciences and the principles of
				engineering, acquired by a professional education and related practical
				experience, is qualified to supervise the installation of tank systems.
"Intermediate facility"
means any facility that
				stores hazardous secondary materials for more than 10 days, other than a
				hazardous secondary material generator or reclaimer of such material.
"
International shipment
" means the transportation
				of hazardous waste into or out of the jurisdiction of the United States.
"Lamp"
, also referred to as
"universal waste
				lamp"
, is defined as the bulb or tube portion of an electric lighting
				device. A lamp is specifically designed to produce radiant energy, most often
				in the ultraviolet, visible, and infra-red regions of the electromagnetic
				spectrum. Examples of common universal waste electric lamps include, but are
				not limited to, fluorescent, high intensity discharge, neon, mercury vapor,
				high pressure sodium, and metal halide lamps.
"Land-based unit"
means an area where hazardous
				secondary materials are placed in or on the land before recycling. This
				definition does not include land-based production units.
"
Landfill
" means a disposal facility or part of a
				facility where hazardous waste is placed in or on land and which is not a pile,
				a land treatment facility, a surface impoundment, an underground injection
				well, a salt dome formation, a salt bed formation, an underground mine, a cave,
				or a corrective action management unit.
"
Landfill cell
" means a discrete volume of a
				hazardous waste landfill which uses a liner to provide isolation of wastes from
				adjacent cells or wastes. Examples of landfill cells are trenches and
				pits.
"
Land treatment facility
" means a facility or part
				of a facility at which hazardous waste is applied onto or incorporated into the
				soil surface; such facilities are disposal facilities if the waste will remain
				after closure.
"Large quantity generator"
means a generator who
				generates any of the following amounts in a calendar
				month
:
(1) Greater than or equal to 1,000 kilograms
			 (2200 lbs) of non-acute hazardous waste; or
(2) Greater than 1 kilogram (2.2 lbs) of
			 acute hazardous waste listed in § 261.31 or § 261.33(e) of this rule;
			 or
(3) Greater than 100 kilograms
			 (220 lbs) of any residue or contaminated soil, water, or other debris resulting
			 from the cleanup of a spill, into or on any land or water, of any acute
			 hazardous waste listed in § 261.31 or § 261.33(e) of this rule.
"
Leachate
" means any liquid, including any
				suspended components in the liquid, that has percolated through or drained from
				hazardous waste.
"
Leak-detection system
" means a system capable of
				detecting the failure of either the primary or secondary containment structure
				or the presence of a release of hazardous waste or accumulated liquid in the
				secondary containment structure. Such a system must employ operational controls
				(e.g., daily visual inspections for releases into the secondary containment
				system of aboveground tanks) or consist of an interstitial monitoring device
				designed to detect continuously and automatically the failure of the primary or
				secondary containment structure or the presence of a release of hazardous waste
				into the secondary containment structure.
"
Liner
" means a continuous layer of natural or
				man-made materials, beneath or on the sides of a surface impoundment, landfill,
				or landfill cell, which restricts the downward or lateral escape of hazardous
				waste, hazardous waste constituents, or leachate.
"
Management
" or "
hazardous waste
				management
" means the systematic control of the collection, source
				separation, storage, transportation, processing, treatment, recovery, and
				disposal of hazardous waste.
"Manifest"
means the shipping document EPA Form
				8700-22 (including, if necessary, EPA Form 8700-22A), or the electronic
				manifest, originated and signed in accordance with the applicable requirements
				of sections 262 through 265.
"Manifest tracking number"
means: the alphanumeric
				identification number (i.e., a unique three letter suffix preceded by nine
				numerical digits), which is pre-printed in Item 4 of the Manifest by a
				registered source.
"Mercury-containing device"
means a device or a
				part of a device (including thermostats, but excluding batteries and lamps)
				which contains elemental mercury integral to its function.
"Military munitions"
means all ammunition products
				and components produced or used by or for the U.S. Department of Defense or the
				U.S. Armed Services for national defense and security, including military
				munitions under the control of the Department of Defense, the U.S. Coast Guard,
				the U.S. Department of Energy (DOE), and National Guard personnel. The term
				military munitions includes: confined gaseous, liquid, and solid propellants,
				explosives, pyrotechnics, chemical and riot control agents, smokes, and
				incendiaries used by DOD components, including bulk explosives and chemical
				warfare agents, chemical munitions, rockets, guided and ballistic missiles,
				bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition,
				grenades, mines, torpedoes, depth charges, cluster munitions and dispensers,
				demolition charges, and devices and components thereof. Military munitions do
				not include wholly inert items, improvised explosive devices, and nuclear
				weapons, nuclear devices, and nuclear components thereof. However, the term
				does include non-nuclear components of nuclear devices, managed under DOE's
				nuclear weapons program after all required sanitization operations under the
				Atomic Energy Act of 1954, as amended, have been completed.
"
Mining overburden returned to the mine site
"
				means any material overlying an economic mineral deposit which is removed to
				gain access to that deposit and is then used for reclamation of a surface
				mine.
"
Miscellaneous unit
" means a hazardous waste
				management unit where hazardous waste is treated, stored, or disposed of and
				that is not a container, tank, surface impoundment, pile, land treatment unit,
				landfill, incinerator, boiler, industrial furnace, underground injection well
				with appropriate technical standards under 40 CFR Part 146, containment
				building, corrective action management unit, or unit eligible for a research,
				development, and demonstration permit under § 270.65, or staging
				pile.
"
Movement
" means that hazardous waste transported
				to a facility in an individual vehicle.
"
New hazardous waste management facility
" or
				"
new facility
" means a facility which began operation, or for
				which construction commenced after November 19, 1980. (See also "Existing
				hazardous waste management facility".)
"
New tank system
" or "
new tank
				component
" means a tank system or component that will be used for the
				storage or treatment of hazardous waste and for which installation has
				commenced after July 14, 1986; except, however, for purposes of §
				264.193(g)(2) and § 265.193(g)(2), a new tank system is one for which
				construction commences after July 14, 1986. (See also "existing tank
				system.")
"No free liquids"
as used in Rule 23 §§
				262.4(a)(26) and 261.4(b)( 18), means that solvent-contaminated wipes may not
				contain free liquids as determined by Method 9095B (Paint Filter Liquids Test),
				included in "Test Methods for Evaluating Solid Waste, Physical/Chemical
				Methods" (EPA Publication SW-846), which is incorporated by reference, and that
				there is no free liquid in the container holding the wipes. No free liquids may
				also be determined using another standard or test method as defined by an
				authorized state.
"Non-acute hazardous waste"
means: all hazardous
				wastes that are not acute hazardous waste, as defined in this section.
"
Noncommercial Hazardous Waste Facility
"
				means a hazardous waste management facility which is constructed and operated
				to store, treat, and/or dispose of hazardous waste which has
been generated by the owners or operators of said
				facility and which storage, treatment or disposal is not undertaken for profit.
				A noncommercial hazardous waste facility may accept, at cost or profit,
				hazardous waste which has been generated by persons other than the owners or
				operators of said facility, provided that the total amount of such wastes does
				not exceed 5 (five) percent of the facility's annual operating capacity and
				provided that the permit for said facility authorizes the acceptance of such
				waste for storage, treatment, and/or disposal.
"
On-ground tank
" means a device meeting the
				definition of "tank" in § 260.10 and that is situated in such a way that
				the bottom of the tank is on the same level as the adjacent surrounding surface
				so that the external tank bottom cannot be visually inspected.
"
On-site
" means the same or geographically
				contiguous property which may be divided by public or private right-of-way,
				provided the entrance and exit between the properties is at a crossroads
				intersection, and access is by crossing as opposed to going along, the
				right-of-way. Noncontiguous properties owned by the same person but connected
				by a right-of-way which he controls and to which the public does not have
				access, is also considered on-site property.
"
Open burning
" means the combustion of any
				material without the following characteristics:
(1) Control of combustion air to maintain
			 adequate temperature for efficient combustion,
(2) Containment of the combustion-reaction in
			 an enclosed device to provide sufficient residence time and mixing for complete
			 combustion, and
(3) Control of
			 emission of the gaseous combustion products. (See also "incineration" and
			 "thermal treatment".)
"
Operator
" means an individual or
				individuals charged with the responsibility of managing or operating a
				hazardous waste management facility, including the responsibility for assuring
				the operation of said facility is in accordance with the provisions of this
				hazardous waste management rule.
"
Owner
" means the person who owns a facility or
				part of a facility.
"
Partial Closure
" means the closure of a hazardous
				waste management unit in accordance with the applicable closure requirements of
				Sections 264 and 265 of this rule at a facility that contains other active
				hazardous waste management units. For example, partial closure may include the
				closure of a tank (including its associated piping and underlying containment
				systems), landfill cell, surface impoundment, waste pile, or other hazardous
				waste management unit, while other units of the same facility continue to
				operate.
"
Permit
" means a written permit issued by
				the Arkansas Department of Transportation authorizing a person to transport
				hazardous waste (Hazardous Waste Transportation Permit), or a written permit
				issued by the Division of Environmental Quality authorizing the establishment,
				construction, operation, and/or maintenance of a hazardous waste treatment,
				disposal, or storage facility or site.
"
Permitted Site
" means any site used for
				disposal, treatment or storage of hazardous waste which has a current valid
				operating permit issued by the Division of Environmental
				Quality.
"
Person
" means an individual, corporation,
				company, firm, partnership, association, trust, joint stock company, joint
				venture, state or federal agency or instrumentality, county, city, town, or
				municipal authority, trust venture or any other legal entity, or combination of
				entities however organized.
"
Personnel
" or "
facility personnel
"
				means all persons who work at, or oversee the operations of, a hazardous waste
				facility, and whose actions or failure to act may result in noncompliance with
				the requirements of Section 264 or 265 of this rule.
"Pesticide"
means any substance or mixture of
				substances intended for preventing, destroying, repelling, or mitigating any
				pest, or intended for use as a plant regulator, defoliant, or desiccant, other
				than any article that:
(1)
			 Is a new animal drug under the federal FFDCA section 201(w), or
(2) Is an animal drug that has been
			 determined by regulation of the Secretary of the federal Health and Human
			 Services not to be a new animal drug, or
(3) Is an animal feed under the federal FFDCA
			 section 201(x) that bears or contains any substances described by paragraph (1)
			 or (2) of this section.
"
Pile
" means any non-containerized accumulation of
				solid, nonflowing hazardous waste that is used for treatment or storage and
				that is not a containment building.
"
Plasma arc incinerator
" means any enclosed device
				using a high intensity electrical discharge or arc as a source of heat followed
				by an afterburner using controlled flame combustion and which is not listed as
				an industrial furnace.
"
Point source
" means any discernible, confined,
				and discrete conveyance, including, but not limited to any pipe, ditch,
				channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
				concentrated animal feeding operation, or vessel or other floating craft, from
				which pollutants are or may be discharged. This term does not include return
				flows from irrigated agriculture.
"
Publicly owned treatment works
" or
				"
POTW
" means any device or system used in the treatment (including
				recycling and reclamation) f municipal sewage or industrial wastes of a liquid
				nature which is owned by a "State" or "municipality" (as defined by section
				502(4) of the CWA). This definition includes sewers, pipes, or other
				conveyances only if they convey wastewater to a POTW providing
				treatment.
"
Qualified Groundwater Scientist
" means a
				scientist or engineer who has received a baccalaureate or post-graduate degree
				in the natural sciences or engineering, and has sufficient training and
				experience in ground-water hydrology and related fields as may be demonstrated
				by state registration, professional certifications, or completion of accredited
				university courses that enable that individual to make sound professional
				judgements regarding ground-water monitoring and contaminant fate and
				transport.
"
RCRA
" means the Solid Waste Disposal Act, as
				amended by the Resource Conservation and Recovery Act of 1976, as amended,
				42 U.S.C. section
				6901 et seq.
"Recognized trader"
means a person domiciled in
				the United States, by site of business, who acts to arrange and facilitate
				transboundary movements of wastes destined for recovery or disposal operations,
				either by purchasing from and subsequently selling to United States and foreign
				facilities, or by acting under arrangements with a United States waste facility
				to arrange for the export or import of the wastes.
"
Regional Administrator
" means the Regional
				Administrator for the EPA Region in which the facility is located, or his
				designee.
"
Remanufacturing
" means processing a higher-value
				hazardous secondary material in order to manufacture a product that serves a
				similar functional purpose as the original commercial-grade material. For the
				purpose of this definition, a hazardous secondary material is considered higher
				value if it was generated from the use of a commercial-grade material in a
				manufacturing process and can be remanufactured into a similar commercial-grade
				material.
"Remediation waste"
means all solid and hazardous
				wastes, and all media (including groundwater, surface water, soils, and
				sediments) and debris that are managed for implementing cleanup.
"Remediation waste management site"
means a
				facility where an owner or operator is or will be treating, storing or
				disposing of hazardous remediation wastes. A remediation waste management site
				is not a facility that is subject to corrective action under § 264.101 of
				this rule, but is subject to corrective action requirements if the site is
				located in such a facility.
"
Replacement unit
" means a landfill, surface
				impoundment, or waste pile unit (1) from which all or substantially all of the
				waste is removed, and (2) that is subsequently reused to treat, store, or
				dispose of hazardous waste. "Replacement unit" does not apply to a unit from
				which waste is removed during closure, if the subsequent reuse solely involves
				the disposal of waste from that unit and other closing units or corrective
				action areas at the facility, in accordance with an approved closure plan or
				EPA- or State-approved corrective action.
"
Representative sample
" means a sample of a
				universe or whole (e.g., waste pile, lagoon, ground water) which can be
				expected to exhibit the average properties of the universe or whole.
"
Run-off
" means any rainwater, leachate, or other
				liquid that drains over land from any part of a facility.
"
Run-on
" means any rainwater, leachate, or other
				liquid that drains over land onto any part of a facility.
"
Saturated zone
" or "
zone of
				saturation
" means that part of the earth's crust in which all voids are
				filled with water.
"
Shipper
" means any person initiating
				transportation of hazardous waste. A shipper may include a generator or
				storage, treatment or disposal facility.
"
Site
" means any real property located
				within the boundary of the State of Arkansas which is, has been subsequent to
				March 14, 1979, or is contemplated to be used for treatment, storage, disposal,
				or generation of hazardous wastes.
"
Sludge
" means any solid, semi-solid, or liquid
				waste generated from a municipal, commercial, or industrial wastewater
				treatment plant, water supply treatment plant, or air pollution control
				facility exclusive of the treated effluent from a wastewater treatment
				plant.
"
Sludge dryer
" means any enclosed thermal
				treatment device that is used to dehydrate sludge and that has a maximum total
				thermal input, excluding the heating value of the sludge itself, of 2,500
				BTU/lb of sludge treated on a wet-weight basis.
"
Small Quantity Generator
" means a generator who
				generates the following amounts in a calendar month.
(1) Greater than 100 kilograms (220 lbs) but
			 less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste;
			 and
(2) Less than or equal to 1
			 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or §
			 261.33(e) of this rule; and
(3)
			 Less than or equal to 100 kilograms (220 lbs) of any residue or contaminated
			 soil, water, or other debris resulting from the cleanup of a spill, into or on
			 any land or water, of any acute hazardous waste listed in § 261.31 or
			 § 261.33(e) of this rule.
"
Solid waste
" means a solid waste as defined in
				§ 261.2 of this rule.
"Solid waste management
				unit"
, or
"SWMU"
means any discernible
				unit at which solid wastes have been placed at any time, irrespective of
				whether the unit was intended for the management of solid or hazardous wastes.
				Such units include any area at a facility at which solid wastes have been
				routinely or systematically released.
"Solvent-contaminated wipe"
means a wipe that,
				after use or after cleaning up a spill either (1) contains one or more of the
				F001 through F005 solvents listed in Rule 23 § 261.31 or the corresponding
				P- or U- listed solvents found in Rule 23 § 261.33; (2) exhibits a
				hazardous characteristic found in Rule 23 § 261 subsection C when that
				characteristic results from a solvent listed in Rule 23 § 261; and/or (3)
				exhibits only the hazardous waste characteristic of ignitability found in Rule
				23 § 261.21 due to the presence of one or more solvents that are not
				listed in Rule 23 § 261. Solvent contaminated wipes that contain listed
				hazardous waste other than solvents, or exhibit the characteristic of toxicity,
				corrosivity, or reactivity due to contaminants other than solvents, are not
				eligible for the exclusions at Rule 23 §
													§261.4(a)(26) and
				261.4(b)(18).
"
Sorbent
" means a material that is used to soak up
				free liquids by either adsorption or absorption, or both. "Sorb" means to
				either adsorb or absorb, or both.
"Staging pile"
means an accumulation of solid,
				non-flowing remediation waste (as defined in this section) that is not a
				containment building and that is used only during remedial operations for
				temporary storage at a facility. Staging piles must be designated by the
				Director according to the requirements of § 264.554 of this rule.
"
State
" means any of the several States, the
				District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
				Guam, American Samoa, and the Commonwealth of the Northern Mariana
				Islands.
"
Storage
" means the holding of hazardous waste for
				a temporary period, at the end of which the hazardous waste is treated,
				disposed of, or stored elsewhere.
"
Sump
" means any pit or reservoir that meets the
				definition of tank and those troughs/trenches connected to it that serve to
				collect hazardous waste for transport to hazardous waste storage, treatment, or
				disposal facilities; except that as used in the landfill, surface impoundment,
				and waste pile rules, "sump" means any lined pit or reservoir that serves to
				collect liquids drained from a leachate collection and removal system or leak
				detection system for subsequent removal from the system.
"
Surface impoundment
or
impoundment
"
				means a facility or part of a facility which is a natural topographic
				depression, man-made excavation, or diked area formed primarily of earthen
				materials (although it may be lined with man-made materials), which is designed
				to hold an accumulation of liquid wastes or wastes containing free liquids, and
				which is not an injection well. Examples of surface impoundments are holding,
				storage, settling, and aeration pits, ponds, and lagoons.
"
Tank
" means a stationary device, designed to
				contain an accumulation of hazardous waste which is constructed primarily of
				non-earthen materials (e.g., wood, concrete, steel, plastic) which provide
				structural support.
"
Tank system
" means a hazardous waste storage or
				treatment tank and its associated ancillary equipment and containment
				system.
"TEQ"
means toxicity equivalence, the
				international method of relating the toxicity of various dioxin/furan congeners
				to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.
"
Thermal treatment
" means the treatment of
				hazardous waste in a device which uses elevated temperatures as the primary
				means to change the chemical, physical, or biological character or composition
				of the hazardous waste. Examples of thermal treatment processes are
				incineration, molten salt, pyrolysis, calcination, wet air oxidation, and
				microwave discharge. (See also "incinerator" and "open burning".)
"Thermostat"
means a temperature control device
				that contains metallic mercury in an ampule attached to a bimetal sensing
				element, and mercury-containing ampules that have been removed from these
				temperature control devices in compliance with the requirements of §
				273.13(c)(2) or 273.33(c)(2).
"
Totally enclosed treatment facility
" means a
				facility for the treatment of hazardous waste which is directly connected to an
				industrial production process and which is constructed and operated in a manner
				which prevents the release of any hazardous waste or any constituent thereof
				into the environment during treatment. An example is a pipe in which waste acid
				is neutralized.
"
Transfer facility
" means any
				transportation-related facility including loading docks, parking areas, storage
				areas and other similar areas where shipments of hazardous waste or hazardous
				secondary materials are held during the normal course of transportation.
"Transport"
means the
				movement of wastes from the point of generation to any intermediate points, or
				to the point of ultimate storage, treatment or disposal.
"
Transport vehicle
" means a motor vehicle or rail
				car used for the transportation of cargo by any mode. Each cargo-carrying body
				(trailer, railroad freight car, etc.) is a separate transport vehicle.
"
Transportation
" means the movement of hazardous
				waste by air, rail, highway, or water.
"
Transporter
" means a person engaged in the off
				site transportation of hazardous waste by air, rail, highway, or water.
"
Treatability study
" means a study in which a
				hazardous waste is subjected to a treatment process to determine:
(1) Whether the waste is
			 amenable to the treatment process,
(2) what pretreatment (if any) is
			 required,
(3) the optimal process
			 conditions needed to achieve the desired treatment,
(4) the efficiency of a treatment process for
			 a specific waste or wastes, or
(5)
			 the characteristics and volumes of residuals from a particular treatment
			 process. Also included in this definition for the purpose of the § 261.4
			 (e) and (f) exemptions are liner compatibility, corrosion, and other material
			 compatibility studies and toxicological and health effects studies. A
			 "treatability study" is not a means to commercially treat or dispose of
			 hazardous waste.
"
Treatment
" means any method, technique, or
				process, including neutralization, designed to change the physical, chemical,
				or biological character or composition of any hazardous waste so as to
				neutralize such waste, or so as to recover energy or material resources from
				the waste, or so as to render such waste non-hazardous, or less hazardous;
				safer to transport, store, or dispose of; or amenable for recovery, amenable
				for storage, or reduced in volume.
"
Treatment Facility
" means a location at
				which waste is subject to treatment and may include a facility where waste has
				been generated.
"
Treatment zone
" means a soil area of the
				unsaturated zone of a land treatment unit within which hazardous constituents
				are degraded, transformed, or immobilized.
"
Ultimate Controlling Person
" means a
				person who is not controlled by another person.
"
Underground injection
" means the subsurface
				emplacement of fluids through a bored, drilled or driven well; or through a dug
				well, where the depth of the dug well is greater than the largest surface
				dimension. (See also "injection well".)
"
Underground tank
" means a device meeting the
				definition of "tank" in § 260.10 whose entire surface area is totally
				below the surface of and covered by the ground.
.
"
Unfit-for-use tank system
" means a tank system
				that has been determined through an integrity assessment or other inspection to
				be no longer capable of storing or treating hazardous waste without posing a
				threat of release of hazardous waste to the environment.
"
Unsaturated zone
" or "
zone of
				aeration
" means the zone between the land surface and the water
				table.
"User of the electronic manifest system"
means a
				hazardous waste generator, a hazardous waste transporter, an owner or operator
				of a hazardous waste treatment, storage, recycling, or disposal facility, or
				any other person that:
(1)
			 Is required to use a manifest to comply with:
(i) Any federal or state requirement to track
			 the shipment, transportation, and receipt of hazardous waste or other waste
			 material that is shipped from the site of generation to an off-site designated
			 facility for treatment, storage, recycling, or disposal; or
(ii) Any federal or state requirement to
			 track the shipment, transportation, and receipt of rejected wastes or regulated
			 container residues that are shipped from a designated facility to an
			 alternative facility, or returned to the generator; and
(2) Elects to use the system to obtain,
			 complete and transmit an electronic manifest format supplied by the EPA
			 electronic manifest system, or
(3)
			 Elects to use the paper manifest form and submits to the system for data
			 processing purposes a paper copy of the manifest (or data from such a paper
			 copy), in accordance with § 264.71(a)(2)(v) or § 265.71(a)(2)(v) of
			 this rule. These paper copies are submitted for data exchange purposes only and
			 are not the official copies of record for legal purposes.
"
United States
" means the 50 States, the District
				of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
				American Samoa, and the Commonwealth of the Northern Mariana Islands.
"Universal Waste"
means any of the following
				hazardous wastes that are managed under the universal waste requirements of
				Section 273 of this rule:
(1) Batteries
			 as described in § 273.2 of this rule;
(2) Pesticides as described in § 273.3
			 of this rule;
(3)
			 Mercury-containing devices as described in § 273.4 of this rule;
(4) Lamps as described in § 273.5 of
			 this rule; and
(5)
Consumer
			 electronic items ("electronic wastes") as described in § 273.6 of this
			 rule.
"Universal Waste Handler":
(1) Means:
(a) A generator (as defined in this section)
			 of universal waste; or
(b) The
			 owner or operator of a facility, including all contiguous property, that
			 receives universal waste from other universal waste handlers, accumulates
			 universal waste, and sends universal waste to another universal waste handler,
			 to a destination facility, or to a foreign destination.
(2) Does not mean:
(a) A person who treats (except under the
			 provisions of § 273.13(a) or (c), or 273.33(a) or (c)), disposes of, or
			 recycles universal waste; or
(b) A
			 person engaged in the off-site transportation of universal waste by air, rail,
			 highway, or water, including a universal waste transfer facility.
"Universal Waste Transporter"
means a person
				engaged in the off-site transportation of universal waste by air, rail,
				highway, or water.
"
Uppermost aquifer
" means the geologic formation
				nearest the natural ground surface that is an aquifer, as well as lower
				aquifers that are hydraulically inter-connected with this aquifer within the
				facility's property boundary.
"
Used oil
" means any oil that has been refined
				from crude oil, or any synthetic oil, and as a result of such use is
				contaminated by physical or chemical impurities.
"
User of the electronic manifest system
" means a
				hazardous waste generator, a hazardous waste transporter, an owner or operator
				of a hazardous waste treatment, storage, recycling, or disposal facility, or
				any other person that:
(1) Is required to use a manifest to comply
			 with:
(i) Any federal or state requirement to
			 track the shipment, transportation, and receipt of hazardous waste or other
			 waste material that is shipped from the site of generation to an off-site
			 designated facility for treatment, storage, recycling, or disposal;
			 or
(ii) Any federal or state
			 requirement to track the shipment, transportation, and receipt of rejected
			 wastes or regulated container residues that are shipped from a designated
			 facility to an alternative facility, or returned to the generator; and
(2) Elects to use the
			 system to obtain, complete and transmit an electronic manifest format supplied
			 by the EPA electronic manifest system, or
(3) Elects to use the paper manifest form and
			 submits to the system for data processing purposes a paper copy of the manifest
			 (or data from such a paper copy), in accordance with § 264.71(a)(2)(v) or
			 § 265.71(a)(2)(v) of this rule. These paper copies are submitted for data
			 exchange purposes only and are not the official copies of record for legal
			 purposes.
"Very small quantity generator"
means: a generator
				who generates less than or equal to the following amounts in a calendar
				month:
(1) 100 kilograms
			 (220 lbs) of non-acute hazardous waste; and
(2) 1 kilogram (2.2 lbs) of acute hazardous
			 waste listed in § 261.31 or § 261.33(e) of this rule; and
(3) 100 kilograms (220 lbs) of any residue or
			 contaminated soil, water, or other debris resulting from the cleanup of a
			 spill, into or on any land or water, of any acute hazardous waste listed in
			 § 261.31 or § 261.33(e) of this rule.
"
Vessel
" includes every description of watercraft,
				used or capable of being used as a means of transportation on the water.
"Wastewater treatment unit"
means a device
				which:
(1) Is part of a
			 wastewater treatment facility that is subject to regulation under either
			 section 402 or 307(b) of the federal Clean Water Act; and
(2) Receives and treats or stores an influent
			 wastewater that is a hazardous waste as defined in § 261.3 of this rule,
			 or that generates and accumulates a wastewater treatment sludge that is a
			 hazardous waste as defined in § 261.3 of this rule, or treats or stores a
			 wastewater treatment sludge which is a hazardous waste as defined in §
			 261.3 of this rule; and
(3) Meets
			 the definition of tank or tank system in § 260.10 of this rule.
"
Water (bulk shipment)
" means the bulk
				transportation of hazardous waste which is loaded or carried on board a vessel
				without containers or labels.
"
Well
" means any shaft or pit dug or bored into
				the earth, generally of a cylindrical form, and often walled with bricks or
				tubing to prevent the earth from caving in.
"
Well injection
" (See "underground
				injection".)
"Wipe"
means a woven or non-woven shop towel, rag,
				pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other
				material.
"
Zone of engineering control
" means an area under
				the control of the owner/operator that, upon detection of a hazardous waste
				release, can be readily cleaned up prior to the release of hazardous waste or
				hazardous constituents to ground water or surface water.
§ 260.11
Incorporation by Reference
(a) When
			 used in Sections 260 through 268, 270, 273, and 279 of this rule, the following
			 publications are incorporated by reference. These incorporations by reference
			 were approved by the Director of the Federal Register pursuant to
			 5
			 U.S.C. 552(a) and 1 CFR part
			 51. These materials are incorporated as they exist on the date of approval and
			 a notice of any change in these materials will be published in the Federal
			 Register. Copies may be inspected at the Library, U.S. Environmental Protection
			 Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460,
			 libraryhq@epa.gov; or at the National Archives and Records Administration
			 (NARA). For information on the availability of this material at NARA, call
			 202-741-6030, or go to:
			 http://www.archives.gov/federal_register/code_of_federal_
			 regulations/ibr_locations.html
(b)
			 The following materials are available for purchase from the American Society
			 for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West
			 Conshohocken, PA 19428-2959.
(1) ASTM D-93-79
			 or D-93-80, ''Standard Test Methods for Flash Point by Pensky-Martens Closed
			 Cup Tester,'' IBR approved for § 261.21.
(2) ASTM D-1946-82, ''Standard Method for
			 Analysis of Reformed Gas by Gas Chromatography,'' IBR approved for §§
			 264.1033, 265.1033.
(3) ASTM D
			 2267-88, ''Standard Test Method for Aromatics in Light Naphthas and Aviation
			 Gasolines by Gas Chromatography,'' IBR approved for § 264.1063.
(4) ASTM D 2382-83, ''Standard Test Method
			 for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision
			 Method),'' IBR approved for §§ 264.1033, 265.1033.
(5) ASTM D 2879-92, ''Standard Test Method
			 for Vapor Pressure-Temperature Relationship and Initial Decomposition
			 Temperature of Liquids by Isoteniscope,'' IBR approved for §
			 265.1084.
(6) ASTM D-3278-78,
			 ''Standard Test Methods for Flash Point for Liquids by Setaflash Closed
			 Tester,'' IBR approved for § 261.21(a).
(7) ASTM E 168-88, ''Standard Practices for
			 General Techniques of Infrared Quantitative Analysis,'' IBR approved for §
			 264.1063.
(8) ASTM E 169-87,
			 ''Standard Practices for General Techniques of Ultraviolet-Visible Quantitative
			 Analysis,'' IBR approved for § 264.1063.
(9) ASTM E 260-85, ''Standard Practice for
			 Packed Column Gas Chromatography,'' IBR approved for § 264.1063.
(10) ASTM E 926-88, ''Standard Test Methods
			 for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals,'' Test
			 Method C-Bomb, Acid Digestion Method.
(c) The following materials are available for
			 purchase from the National Technical Information Service, 5285 Port Royal Road,
			 Springfield, VA 22161; or for purchase from the Superintendent of Documents,
			 U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800.
(1) "APTI Course 415: Control of Gaseous
			 Emissions," EPA Publication EPA-450/2-81-005, December 1981, IBR approved for
			 §§ 264.1035 and 265.1035.
(2) Method 1664, Revision A, n-Hexane
			 Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane
			 Extractable Material (SGT-HEM; Non-polar Material) by Extraction and
			 Gravimetry, PB99-121949, IBR approved for Section 261, appendix IX.
(3) The following methods as published in the
			 test methods compendium known as ''Test Methods for Evaluating Solid Waste,
			 Physical/Chemical Methods,'' EPA Publication SW- 846, Third Edition. A suffix
			 of ''A'' in the method number indicates revision one (the method has been
			 revised once). A suffix of ''B'' in the method number indicates revision two
			 (the method has been revised twice). A suffix of ''C'' in the method number
			 indicates revision three (the method has been revised three times). A suffix of
			 ''D'' in the method number indicates revision four (the method has been revised
			 four times).
(i) Method 0010, dated September
			 1986 and in the Basic Manual, IBR approved for Section 261, appendix
			 IX.
(ii) Method 0020, dated
			 September 1986 and in the Basic Manual, IBR approved for Section 261, appendix
			 IX.
(iii) Method 0030, dated
			 September 1986 and in the Basic Manual, IBR approved for Section 261, appendix
			 IX.
(iv) Method 1320, dated
			 September 1986 and in the Basic Manual, IBR approved for Section 261, appendix
			 IX.
(v) Method 1311, dated
			 September 1992 and in Update I, IBR approved for Section 261, appendix IX, and
			 §§ 261.24, 268.7, 268.40.
(vi) Method 1330A, dated September 1992 and
			 in Update I, IBR approved for Section 261, appendix IX.
(vii) Method 1312 dated September 1994 and in
			 Update III, IBR approved for Section 261, appendix IX and
			 40
			 CFR 278.3(b)(1).
(viii) Method 0011, dated December 1996 and
			 in Update III, IBR approved for Section 261, appendix IX, and Section 266,
			 appendix IX.
(ix) Method 0023A,
			 dated December 1996 and in Update III, IBR approved for Section 261, appendix
			 IX, Section 266, appendix IX, and § 266.104.
(x) Method 0031, dated December 1996 and in
			 Update III, IBR approved for Section 261, appendix IX.
(xi) Method 0040, dated December 1996 and in
			 Update III, IBR approved for Section 261, appendix IX.
(xii) Method 0050, dated December 1996 and in
			 Update III, IBR approved for Section 261, appendix IX, Section 266, appendix
			 IX, and § 266.107.
(xiii)
			 Method 0051, dated December 1996 and in Update III, IBR approved for Section
			 261, appendix IX, Section 266, appendix IX, and § 266.107.
(xiv) Method 0060, dated December 1996 and in
			 Update III, IBR approved for Section 261, appendix IX, § 266.106, and
			 Section 266, appendix IX.
(xv)
			 Method 0061, dated December 1996 and in Update III, IBR approved for Section
			 261, appendix IX, § 266.106, and Section 266, appendix IX.
(xvi) Method 9071B, dated April 1998 and in
			 Update IIIA, IBR approved for Section 261, appendix IX.
(xvii) Method 1010A, dated November 2004 and
			 in Update IIIB, IBR approved for Section 261, appendix IX.
(xviii) Method 1020B, dated November 2004 and
			 in Update IIIB, IBR approved for Section 261, appendix IX.
(xix) Method 1110A, dated November 2004 and
			 in Update IIIB, IBR approved for § 261.22 and Section 261, appendix
			 IX.
(xx) Method 1310B, dated
			 November 2004 and in Update IIIB, IBR approved for Section 261, appendix
			 IX.
(xxi) Method 9010C, dated
			 November 2004 and in Update IIIB, IBR approved for Section 261, appendix IX and
			 §§ 268.40, 268.44, 268.48.
(xxii) Method 9012B, dated November 2004 and
			 in Update IIIB, IBR approved for Section 261, appendix IX and §§
			 268.40, 268.44, 268.48.
(xxiii)
			 Method 9040C, dated November 2004 and in Update IIIB, IBR approved for Section
			 261, appendix IX and § 261.22.
(xxiv) Method 9045D, dated November 2004 and
			 in Update IIIB, IBR approved for Section 261, appendix IX.
(xxv) Method 9060A, dated November 2004 and
			 in Update IIIB, IBR approved for Section 261, appendix IX, and §§
			 264.1034, 264.1063, 265.1034, 265.1063.
(xxvi) Method 9070A, dated November 2004 and
			 in Update IIIB, IBR approved for Section 261, appendix IX.
(xxvii) Method 9095B, dated November 2004 and
			 in Update IIIB, IBR approved, Section 261, appendix IX, and §§
			 264.190, 264.314, 265.190, 265.314, 265.1081, 267.190(a), 268.32.
(d) The following
			 materials are available for purchase from the National Fire Protection
			 Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101.
(1) ''Flammable and Combustible Liquids
			 Code'' (NFPA 30), 1977 or 1981, IBR approved for §§ 262.16(b),
			 264.198(b), 265.198(b), 267.202(b).
(2) [Reserved]
(e) The following materials are available for
			 purchase from the American Petroleum Institute, 1220 L Street, Northwest,
			 Washington, DC 20005.
(1) API Publication
			 2517, Third Edition, February 1989, ''Evaporative Loss from External
			 Floating-Roof Tanks,'' IBR approved for § 265.1084.
(2) [Reserved]
(f) The following materials are available for
			 purchase from the Environmental Protection Agency, Research Triangle Park, NC.
(1) ''Screening Procedures for Estimating the
			 Air Quality Impact of Stationary Sources, Revised'', October 1992, EPA
			 Publication No. EPA-450/R-92-019, IBR approved for Section 266, appendix
			 IX.
(2) [Reserved]
(g) The following materials are
			 available for purchase from the Organization for Economic Cooperation and
			 Development, Environment Directorate, 2 rue Andre Pascal, F-75775 Paris Cedex
			 16, France.
(1) Guidance Manual for the
			 Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex
			 B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and
			 Annex C: OECD Consolidated List of Wastes Subject to the Amber Control
			 Procedure, IBR approved for §§ 262.82(a), 262.83(b),(d), and (g), and
			 262.84(b) and (d) of this rule.
(2)
			 [Reserved]
Subsection C
-- Rulemaking
			 Petitions
§ 260.20
General
(a) Any person may
			 petition the Commission to modify or revoke any provision in this rule. This
			 section sets forth general requirements which apply to all such petitions.
			 Section 260.21 sets forth additional requirements for petitions to add a
			 testing or analytical method to Sections 261, 264 or 265. Section 260.22 sets
			 forth additional requirements for petitions to exclude a waste or waste-derived
			 material at a particular facility from § 261.3 of this rule or the lists
			 of hazardous wastes in Subsection D of Section 261. Section 260.23 sets forth
			 additional requirements for petitions to amend Section 273 of this rule to
			 include additional hazardous wastes or categories of hazardous waste as
			 universal waste.
(b) Each petition
must be formatted as a pleading to the Commission
and must
			 include:
(1) The petitioner's name and
			 address;
(2) A statement of the
			 petitioner's interest in the proposed action;
(3) A
detailed
description
			 of the proposed action, including a
marked-up copy of the rule, or
			 portion thereof, indicating all changes proposed in the petition;
and
(4) A statement of the
			 need and justification for the proposed action, including any supporting tests,
			 studies, or other information.
(c)
Within sixty (60) days of the
			 date of the petition's submittal, the Commission shall either initiate
			 rulemaking procedures or deny the petition. (A decision to initiate rulemaking
			 procedures does not constitute an endorsement of the proposed change to
			 existing rules.) If the Commission denies the petition, the reasons therefor
			 shall be stated in writing to the petitioner. This denial shall constitute
			 final Commission action for the purpose of appeal.
(d)
If the Commission initiates
			 rulemaking procedures in response to a third-party petition, or upon the
			 written request of any interested person, the Commission shall cause notice of
			 the proposed rule to be given as provided by APC&EC Rule No. 8, §
			 8.801 thru 8.803, and shall hold a public hearing as required by Rule No. 8,
			 § 8.804 thru 8.806.
(e)
The Commission shall direct the
			 proponent of a third-party rule to compile or produce portions of the
			 rulemaking record required by Rule No. 8, § 8.814. In all cases the
			 proponent of a third-party rule shall prepare a proposed Statement of Basis and
			 Purpose and Responsive Summary required by Rule No. 8, § 8.815 for the
			 Commission's review prior to its final rulemaking decision.
(f)
(1)
Prior to the close of the public comment period, the Division shall
			 state its position on any proposed third-party proposal to change regulations
			 in writing for the record.
(2)
The Division shall prepare its
			 own proposed Statement of Basis and Purpose and Responsive Summary at the close
			 of the public comment period pursuant to the guidelines of Rule No. 8, §
			 8.815.
(3)
Upon
			 consideration of the petitioner's and the Division's positions and proposed
			 Statements of Basis and Purpose and Responsive Summaries, the Commission may
			 issue its final ruling, or order whatever rulemaking proceedings it deems
			 appropriate, giving due regard to the right of the public to fair notice as
			 provided by this regulation and Rule No. 8.
§ 260.21
Petitions for
			 equivalent testing or analytical methods
(a) Any person seeking to add a testing or
			 analytical method to Section 261, 264 , or 265 of this rule may petition for a
			 regulatory amendment under this section and § 260.20. To be successful,
			 the person must demonstrate to the satisfaction of the Commission that the
			 proposed method is equal to or superior to the corresponding method prescribed
			 in section 261, 264, or 265 of this regulation, in terms of its sensitivity,
			 accuracy, and precision (i.e., reproducibility).
(b) Each petition must include, in addition
			 to the information required by § 260.20(b):
(1) A full description of the proposed
			 method, including all procedural steps and equipment used in the
			 method;
(2) A description of the
			 types of wastes or waste matrices for which the proposed method may be
			 used;
(3) Comparative results
			 obtained from using the proposed method with those obtained from using the
			 relevant or corresponding methods prescribed in Sections 261, 264, or 265 of
			 this rule;
(4) An assessment of any
			 factors which may interfere with, or limit the use of, the proposed method;
			 and
(5) A description of the
			 quality control procedures necessary to ensure the sensitivity, accuracy and
			 precision of the proposed method.
(c) After receiving a petition for an
			 equivalent method, the Commission may request any additional information on the
			 proposed method which it may reasonably require to evaluate the
			 method.
(d) If the EPA
			 Administrator amends the regulations to permit use of a new testing method, the
			 method will be incorporated by reference in
			 40 CFR
			 260.11 and added to ''Test Methods for
			 Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846,
			 U.S. Environmental Protection Agency, Office of Solid Waste, Washington, DC
			 20460.
§ 260.22
Petitions to amend Section 261 to exclude a waste produced at a
			 particular facility1
(a) Any person seeking to exclude a waste at
			 a particular generating facility from the lists in Subsection D of Section 261
			 of this rule may petition for a regulatory amendment under this section and
			 40
			 CFR 260.22. To be successful:
			 ________________
1.
Editorial
			 Notes:
1)
For information on
			 the availability of a guidance manual for petitions to delist hazardous wastes,
			 see 50 FR 21607, May 28, 1985.
2)
Delisting petitions approved by
			 the Commission under the procedures in § 260.22 above are effective only
			 within the borders of Arkansas. For delisting with Federal authorities, refer
			 to
			 40
			 CFR 260.22.
3)
Delisting petitions approved by
			 the EPA Administrator under this section and
			 40
			 CFR 260.22 are effective in the State of
			 Arkansas only after the final rule has been published in the Federal Register
			 and the rule has been approved and adopted by the Commission in this Rule No.
			 23.
(1)
The petitioner must
			 first demonstrate to the satisfaction of the EPA Administrator, pursuant to the
			 procedures at
			 40
			 CFR 260.22, that the waste produced by a
			 particular generating facility does not meet any of the criteria under which
			 the waste was listed as a hazardous or an acutely hazardous waste, and a final
			 delisting decision must have been promulgated by EPA in the Federal
			 Register;
(2) The
			 petitioner must demonstrate to the satisfaction of the Commission that the
			 waste produced by a particular generating facility does not meet any of the
			 criteria under which the waste was listed as a hazardous or an acutely
			 hazardous waste; and
(3) Based on a
			 complete application, the Commission must determine, where there is a
			 reasonable basis to believe that factors (including additional constituents)
			 other than those for which the waste was listed could cause the waste to be a
			 hazardous waste, that such factors do not warrant retaining the waste as a
			 hazardous waste. A waste which is so excluded, however, still may be a
			 hazardous waste by operation of subsection C of Section 261.
(b) The
			 procedures in this Section and § 260.20 may also be used to petition the
			 Commission for a regulatory amendment to exclude from § 261.3(a)(2)(ii) or
			 (c), a waste which is described in these Sections and is either a waste listed
			 in Subsection D, or is derived from a waste listed in Subsection D. This
			 exclusion may only be issued for a particular generating, storage, treatment,
			 or disposal facility. The petitioner must make the same demonstration as
			 required by paragraph (a) of this section. Where the waste is a mixture of
			 solid waste and one or more listed hazardous wastes or is derived from one or
			 more hazardous wastes, his demonstration must be made with respect to the waste
			 mixture as a whole; analyses must be conducted for not only those constituents
			 for which the listed waste contained in the mixture was listed as hazardous,
			 but also for factors (including additional constituents) that could cause the
			 waste mixture to be a hazardous waste. A waste which is so excluded may still
			 be a hazardous waste by operation of subsection C of Section 261.
(c) If the waste is listed with codes "I",
			 "C", "R", or "E", in subsection D,
(1) The
			 petitioner must show that the waste does not exhibit the relevant
			 characteristic for which the waste was listed as defined in § 261.21,
			 § 261.22, § 261.23, or § 261.24 using any applicable methods
			 prescribed therein. The petitioner also must show that the waste does not
			 exhibit any of the other characteristics defined in § 261.21, §
			 261.22, § 261.23, or § 261.24 using any applicable methods prescribed
			 therein;
(2) Based on a complete
			 application, the Commission must determine, where it has a reasonable basis to
			 believe that factors (including additional constituents) other than those for
			 which the waste was listed could cause the waste to be hazardous waste, that
			 such factors do not warrant retaining the waste as a hazardous waste. A waste
			 which is so excluded, however, still may be a hazardous waste by operation of
			 Subsection C of Section 261.
(d) If the waste is listed with code "T" in
			 Subsection D,
(1) The petitioner must
			 demonstrate that the waste:
(i) Does not
			 contain the constituent or constituents (as defined in Appendix VII of Section
			 261 of this rule) that caused the Commission to list the waste; or
(ii) Although containing one or more of the
			 hazardous constituents (as defined in Appendix VII of Section 261) that caused
			 the EPA or the Commission to list the waste, does not meet the criterion of
			 § 261.11(a)(3) when considering the factors used by the Commission in
			 § 261.11(a)(3) (i) through (xi) under which the waste was listed as
			 hazardous; and
(2) Based
			 on a complete application, the Commission must determine, where it has a
			 reasonable basis to believe that factors (including additional constituents)
			 other than those for which the waste was listed could cause the waste to be a
			 hazardous waste, that such factors do not warrant retaining the waste as a
			 hazardous waste; and
(3) The
			 petitioner must demonstrate that the waste does not exhibit any of the
			 characteristics defined in § 261.21, § 261.22, § 261.23, and
			 § 261.24 of this rule using any applicable methods prescribed
			 therein;
(4) A waste which is so
			 excluded, however, still may be a hazardous waste by operation of Subsection C
			 of Section 261.
(e) If
			 the waste is listed with the code "H" in Subsection D,
(1) The petitioner must demonstrate that the
			 waste does not meet the criterion of § 261.11(a)(2); and
(2) Based on a complete application, the
			 Commission must determine, where it has a reasonable basis to believe that
			 additional factors (including additional constituents) other than those for
			 which the waste was listed could cause the waste to be a hazardous waste, that
			 such factors do not warrant retaining the waste as a hazardous waste;
			 and
(3) The petitioner must
			 demonstrate that the waste does not exhibit any of the characteristics defined
			 in § 261.21, § 261.22, § 261.23, and § 261.24 using any
			 applicable methods prescribed therein;
(4) A waste which is so excluded, however,
			 still may be a hazardous waste by operation of subsection C of Section
			 261.
(f) [Reserved for
			 listing radioactive wastes.]
(g)
			 [Reserved for listed infectious wastes.]
(h) Demonstration samples must consist of
			 enough representative samples, but in no case less than four samples, taken
			 over a period of time sufficient to represent the variability or the uniformity
			 of the waste.
(i) Each petition
			 must include, in addition to the information required by § 260.20(b):
(1) The name and address of the laboratory
			 facility performing the sampling or tests of the waste;
(2) The names and qualifications of the
			 persons sampling and testing the waste;
(3) The dates of sampling and
			 testing;
(4) The location of the
			 generating facility;
(5) A
			 description of the manufacturing processes or other operations and feed
			 materials producing the waste and an assessment of whether such processes,
			 operations, or feed materials can or might produce a waste that is not covered
			 by the demonstration;
(6) A
			 description of the waste and an estimate of the average and maximum monthly and
			 annual quantities of waste covered by the demonstration;
(7) Pertinent data on and discussion of the
			 factors delineated in the respective criterion for listing a hazardous waste,
			 where the demonstration is based on the factors in §
			 261.11(a)(3);
(8) A description of
			 the methodologies and equipment used to obtain the representative
			 samples;
(9) A description of the
			 sample handling and preparation techniques, including techniques used for
			 extraction, containerization and preservation of the samples;
(10) A description of the tests performed
			 (including results);
(11) The names
			 and model numbers of the instruments used in performing the tests;
			 and
(12) The following statement
			 signed by the generator of the waste or his authorized representative:
"I certify under penalty of law that I have personally examined
				and am familiar with the information submitted in this demonstration and all
				attached documents, and that, based on my inquiry of those individuals
				immediately responsible for obtaining the information, I believe that the
				submitted information is true, accurate, and complete. I am aware that there
				are significant penalties for submitting false information, including the
				possibility of fine and imprisonment."
(j) After receiving a petition for an
			 exclusion, the Commission may request any additional information which it may
			 reasonably require to evaluate the petition.
(k) An exclusion will only apply to the waste
			 generated at the individual facility covered by the demonstration and will not
			 apply to waste from any other facility.
(l) The Commission may exclude only part of
			 the waste for which the demonstration is submitted where it has reason to
			 believe that variability of the waste justifies a partial exclusion.
§ 260.23
Petitions to
			 amend Section 273 to include additional hazardous wastes
(a) Any person seeking to add a hazardous
			 waste or a category of hazardous waste to the universal waste rules of Section
			 273 of this rule may petition for a regulatory amendment under this section,
			 § 260.20, and subsection G of § 273.
(b) To be successful, the petitioner must
			 demonstrate to the satisfaction of the Commission that rule under the universal
			 waste rules of Section 273: is appropriate for the waste or category of waste;
			 will improve management practices for the waste or category of waste; and will
			 improve implementation of the hazardous waste program. The petition must
			 include the information required by § 260.20(b). The petition should also
			 address as many of the factors listed in § 273.81 as are appropriate for
			 the waste or category of waste addressed in the petition.
(c) The Commission will grant or deny a
			 petition using the factors listed in § 273.81 and Rule No. 8. The decision
			 will be based on the weight of evidence showing that regulation under §
			 273 is appropriate for the waste or category of waste, will improve management
			 practices for the waste or category of waste, and will improve implementation
			 of the hazardous waste program.
(d)
			 The Commission may request additional information needed to evaluate the merits
			 of the petition.
§
			 260.30
Non-waste determinations and variances from
			 classification as a solid waste
In accordance with the standards and criteria in § 260.31
				and § 260.34 and the procedures in § 260.33, the Director may
				determine on a case-by-case basis that the following recycled materials are not
				solid wastes:
(a) Materials that are
			 accumulated speculatively without sufficient amounts being recycled (as defined
			 in § 261.1(c)(8) of this rule);
(b) Materials that are reclaimed and then
			 reused within the original production process in which they were generated;
(c) Materials that have been
			 reclaimed but must be reclaimed further before the materials are completely
			 recovered.
(d) Hazardous secondary
			 materials that are reclaimed in a continuous industrial process; and
(e) Hazardous secondary materials that are
			 indistinguishable in all relevant aspects from a product or intermediate.
§ 260.31
Standards and criteria for variances from classification as a solid
			 waste
(a) The Director may grant
			 requests for a variance from classifying as a solid waste those materials that
			 are accumulated speculatively without sufficient amounts being recycled if the
			 applicant demonstrates that sufficient amounts of the material will be recycled
			 or transferred for recycling in the following year. If a variance is granted,
			 it is valid only for the following year, but can be renewed, on an annual
			 basis, by filing a new application. The Director's decision will be based on
			 the following criteria:
(1) The manner in
			 which the material is expected to be recycled, when the material is expected to
			 be recycled, and whether this expected disposition is likely to occur (for
			 example, because of past practice, market factors, the nature of the material,
			 or contractual arrangements for recycling);
(2) The reason that the applicant has
			 accumulated the material for one or more years without recycling 75 percent of
			 the volume accumulated at the beginning of the year;
(3) The quantity of material already
			 accumulated and the quantity expected to be generated and accumulated before
			 the material is recycled;
(4) The
			 extent to which the material is handled to minimize loss;
(5) Other relevant factors.
(b) The Director may grant
			 requests for a variance from classifying as a solid waste those materials that
			 are reclaimed and then reused as feedstock within the original production
			 process in which the materials were generated if the reclamation operation is
			 an essential part of the production process. This determination will be based
			 on the following criteria:
(1) How
			 economically viable the production process would be if it were to use virgin
			 materials, rather than reclaimed materials;
(2) The extent to which the material is
			 handled before reclamation to minimize loss;
(3) The time periods between generating the
			 material and its reclamation, and between reclamation and return to the
			 original primary production process;
(4) The location of the reclamation operation
			 in relation to the production process;
(5) Whether the reclaimed material is used
			 for the purpose for which it was originally produced when it is returned to the
			 original process, and whether it is returned to the process in substantially
			 its original form;
(6) Whether the
			 person who generates the material also reclaims it;
(7) Other relevant factors.
(c) The Director may grant
			 requests for a variance from classifying as a solid waste those hazardous
			 secondary materials that have been partially reclaimed, but must be reclaimed
			 further before recovery is completed, if the partial reclamation has produced a
			 commodity-like material. A determination that a partially reclaimed material
			 for which the variance is sought is commoditylike will be based on whether the
			 hazardous secondary material is legitimately recycled as specified in §
			 260.43 of this section and on whether all of the following decision criteria
			 are satisfied:
(1) Whether the degree of
			 partial reclamation the material has undergone is substantial as demonstrated
			 by using a partial reclamation process other than the process that generated
			 the hazardous waste;
(2) Whether
			 the partially-reclaimed material has sufficient economic value that it will be
			 purchased for further reclamation;
(3) Whether the partially-reclaimed material
			 is a viable substitute for a product or intermediate produced from virgin or
			 raw materials which is used in subsequent production steps;
(4) Whether there is a market for the
			 partially-reclaimed material as demonstrated by known customer(s) who are
			 further reclaiming the material (e.g., records of sales and/or contracts and
			 evidence of subsequent use, such as bills of lading);
(5) Whether the partially-reclaimed material
			 is handled to minimize loss.
(d) The Director may grant requests for a
			 variance from classifying as a solid waste those hazardous secondary materials
			 that are transferred for reclamation under § 261.4 (a)(24) and are managed
			 at a verified reclamation facility or intermediate facility where the
			 management of the hazardous secondary materials is not addressed under a RCRA
			 Part B permit or interim status standards. The Director's decision will be
			 based on the following criteria:
(1) The
			 reclamation facility of intermediate facility must demonstrate that the
			 reclamation process for the hazardous secondary materials is legitimate
			 pursuant to § 260.43;
(2) The
			 reclamation facility of intermediate facility must satisfy the financial
			 assurance condition in § 261.4 (a)(24)(vi)(F);
(3) The reclamation facility or intermediate
			 facility must not be subject to a formal enforcement action in the previous
			 three years and not be classified as a significant non-complier under RCRA
			 Subtitle C, or must provide credible evidence that the facility will manage the
			 hazardous secondary materials properly. Credible evidence may include a
			 demonstration that the facility has taken remedial steps to address the
			 violations and prevent future violations, or that the violations are not
			 relevant to the proper management of the hazardous secondary
			 materials;
(4) The intermediate or
			 reclamation facility must have the equipment and trained personnel needed to
			 safely manage the hazardous secondary material and must meet emergency
			 preparedness and response requirements under APC&EC Rule No. 23 Section 261
			 Subsection M;
(5) If residuals are
			 generated from the reclamation of the excluded hazardous secondary materials,
			 the reclamation facility must have the permits required (if any) to manage the
			 residuals, have a contract with an appropriately permitted facility to dispose
			 of the residuals or present credible evidence that the residuals will be
			 managed in a manner that is protective of human health and the environment,
			 and
(6) The intermediate or
			 reclamation facility must address the potential for risk to proximate
			 populations from unpermitted releases of the hazardous secondary material to
			 the environment (i.e., releases that are not covered by a permit, such as a
			 permit to discharge to water or air), which may include, but are not limited
			 to, potential releases through surface transport by precipitation runoff,
			 releases to soil and groundwater, wind-blown dust, fugitive air emissions, and
			 catastrophic unit failures), and must include consideration of potential
			 cumulative risks from other nearby potential stressors.
§ 260.32
Variance to be
			 classified as a boiler
In accordance with the standards and criteria in § 260.10
				(definition of "boiler"), and the procedures in § 260.33, the Director may
				determine on a case-by-case basis that certain enclosed devices using
				controlled flame combustion are boilers, even though they do not otherwise meet
				the definition of boiler contained in § 260.10, after considering the
				following criteria:
(a) The extent to
			 which the unit has provisions for recovering and exporting thermal energy in
			 the form of steam, heated fluids, or heated gases; and
(b) The extent to which the combustion
			 chamber and energy recovery equipment are of integral design; and
(c) The efficiency of energy recovery,
			 calculated in terms of the recovered energy compared with the thermal value of
			 the fuel; and
(d) The extent to
			 which exported energy is utilized; and
(e) The extent to which the device is in
			 common and customary use as a "boiler" functioning primarily to produce steam,
			 heated fluids, or heated gases; and
(f) Other factors, as appropriate.
§ 260.33
Procedures for variances from classification as a solid waste, for variances to
			 be classified as a boiler, or for non-waste determinations
The Director will use the following procedures in evaluating
				applications for variances from classification as a solid waste, applications
				to classify particular enclosed controlled flame combustion devices as boilers,
				or applications for non-waste determinations.
(a) The applicant must apply to the Director
			 for the variance or non-waste determination. The application must address the
			 relevant criteria contained in § 260.31, § 260.32 or § 260.34 as
			 applicable.
(b) The Director will
			 evaluate the application and issue a draft notice tentatively granting or
			 denying the application. Notification of this tentative decision will be
			 provided by newspaper advertisement and radio broadcast in the locality where
			 the recycler is located. The Director will accept comment on the tentative
			 decision for 30 days, and may also hold a public hearing upon request or at its
			 discretion. The Director will issue a final decision after receipt of comments
			 and after the hearing (if any).
(c)
			 In the event of a change in circumstances that affect how a hazardous secondary
			 material meets the relevant criteria contained in § 260.31, § 260.32,
			 or § 260.34 upon which a variance or non-waste determination has been
			 based, the applicant must send a description of the change in circumstances to
			 the Director. The Director may issue a determination that the hazardous
			 secondary material continues to meet the relevant criteria of the variance or
			 non-waste determination or may require the facility to re-apply for the
			 variance or non-waste determination.
(d) Variances and non-waste determinations
			 shall be effective for a fixed term not to exceed ten years. No later than six
			 months prior to the end of this term, facilities must re-apply for a variance
			 or non-waste determination. If a facility reapplies for a variance or non-waste
			 determination within six months, the facility may continue to operate under an
			 expired variance or non-waste determination until receiving a decision on their
			 re-application from the Director.
(e) Facilities receiving a variance or
			 non-waste determination must provide notification as required by § 260.42
			 of this rule.
§
			 260.34
Standards and criteria for non-waste
			 determinations
(a) An applicant may
			 apply to the Director for a formal determination that a hazardous secondary
			 material is not discarded and therefore not a solid waste. The determinations
			 will be based on the criteria contained in paragraphs (b) or (c) of this
			 section, as applicable. If an application is denied, the hazardous secondary
			 material might still be eligible for a solid waste variance or exclusion (for
			 example, one of the solid waste variances under § 260.31). Determinations
			 may also be granted by the State if the State is either authorized for this
			 provision or if the following conditions are met:
(1) The State determines the hazardous
			 secondary material meets the criteria in paragraphs (b) or (c) of this section,
			 as applicable;
(2) The State
			 requests that EPA review its determination; and
(3) EPA approves the State
			 determination.
(b) The
			 Director may grant a non-waste determination for hazardous secondary material
			 which is reclaimed in a continuous industrial process if the applicant
			 demonstrates that the hazardous secondary material is a part of the production
			 process and is not discarded. The determination will be based on whether the
			 hazardous secondary material is legitimately recycled as specified in §
			 260.43 and on the following criteria:
(1) The
			 extent that the management of the hazardous secondary material is part of the
			 continuous primary production process and is not waste treatment;
(2) Whether the capacity of the production
			 process would use the hazardous secondary material in a reasonable time frame
			 and ensure that the hazardous secondary material will not be abandoned (for
			 example, based on past practices, market factors, the nature of the hazardous
			 secondary material, or any contractual arrangements);
(3) Whether the hazardous constituents in the
			 hazardous secondary material are reclaimed rather than released to the air,
			 water or land at significantly higher levels from either a statistical or from
			 a health and environmental risk perspective than would otherwise be released by
			 the production process; and
(4)
			 Other relevant factors that demonstrate the hazardous secondary material is not
			 discarded, including why the hazardous secondary material cannot meet, or
			 should not have to meet, the conditions of an exclusion under § 261.2 or
			 § 261.4 of this rule.
(c) The Director may grant a non-waste
			 determination for hazardous secondary material which is indistinguishable in
			 all relevant aspects from a product or intermediate if the applicant
			 demonstrates that the hazardous secondary material is comparable to a product
			 or intermediate and is not discarded. The determination will be based on
			 whether the hazardous secondary material is legitimately recycled as specified
			 in § 260.43 and on the following criteria:
(1) Whether market participants treat the
			 hazardous secondary material as a product or intermediate rather than a waste
			 (for example, based on the current positive value of the hazardous secondary
			 material, stability of demand, or any contractual arrangements);
(2) Whether the chemical and physical
			 identity of the hazardous secondary material is comparable to commercial
			 products or intermediates;
(3)
			 Whether the capacity of the market would use the hazardous secondary material
			 in a reasonable time frame and ensure that the hazardous secondary material
			 will not be abandoned (for example, based on past practices, market factors,
			 the nature of the hazardous secondary material, or any contractual
			 arrangements);
(4) Whether the
			 hazardous constituents in the hazardous secondary material are reclaimed rather
			 than released to the air, water or land at significantly higher levels from
			 either a statistical or from a health and environmental risk perspective than
			 would otherwise be released by the production process; and
(5) Other relevant factors that demonstrate
			 the hazardous secondary material is not discarded, including why the hazardous
			 secondary material cannot meet, or should not have to meet, the conditions of
			 an exclusion under § 261.2 or § 261.4 of this rule.
§ 260.40
Additional regulation of certain hazardous waste recycling activities on
			 a case-by-case basis
(a) The Director
			 may decide on a case-by-case basis that persons accumulating or storing the
			 recyclable materials described in § 261.6(a)(2)(iii) of this rule should
			 be regulated under § 261.6 (b) and (c) of this rule. The basis for this
			 decision is that the materials are being accumulated or stored in a manner that
			 does not protect human health and the environment because the materials or
			 their toxic constituents have not been adequately contained, or because the
			 materials being accumulated or stored together are incompatible. In making this
			 decision, the Director will consider the following factors:
(1) The types of materials accumulated or
			 stored and the amounts accumulated or stored;
(2) The method of accumulation or
			 storage;
(3) The length of time the
			 materials have been accumulated or stored before being reclaimed;
(4) Whether any contaminants are being
			 released into the environment, or are likely to be so released; and
(5) Other relevant factors. The procedures
			 for this decision are set forth in § 260.41 of this rule.
§ 260.41
Procedures for case-by-case regulation of hazardous waste recycling
			 activities
The Director will use the following procedures when determining
				whether to regulate hazardous waste recycling activities described in §
				261.6(a)(2)(iii) under the provisions of § 261.6 (b) and (c), rather than
				under the provisions of Subsection F of Section 266 of this rule.
(a) If a generator is accumulating the waste,
			 the Director will issue a notice setting forth the factual basis for the
			 decision and stating that the person must comply with the applicable
			 requirements of subsections A, C, D, and E of Section 262 of this rule. The
			 notice will become final within 30 days, unless the person served requests a
			 public hearing to challenge the decision. Upon receiving such a request, the
			 Director will hold a public hearing. The Director will provide notice of the
			 hearing to the public and allow public participation at the hearing. The
			 Director will issue a final order after the hearing stating whether or not
			 compliance with Section 262 is required. The order becomes effective 30 days
			 after service of the decision unless the Director specifies a later date or
			 unless review by the Director is requested. The order may be appealed to the
			 Director by any person who participated in the public hearing. The Director may
			 choose to grant or to deny the appeal. Final Division action occurs when a
			 final order is issued and Division review procedures are exhausted.
(b) If the person is accumulating the
			 recyclable material as a storage facility, the notice will state that the
			 person must obtain a permit in accordance with all applicable provisions of
			 Section 270 of this rule, APC&EC Rule No. 8, and 40 CFR 124. The owner or
			 operator of the facility must apply for a permit within no less than 60 days
			 and no more than six months of notice, as specified in the notice. If the owner
			 or operator of the facility wishes to challenge the Director's decision, he may
			 do so in his permit application, in a public hearing held on the draft permit,
			 or in comments filed on the draft permit or on the notice of intent to deny the
			 permit. The fact sheet accompanying the permit will specify the reasons for the
			 Division's determination. The question of whether the Director's decision was
			 proper will remain open for consideration during the public comment period
			 discussed under
			 40 CFR
			 124.11 and in any subsequent hearing.
§ 260.42
Notification requirement for hazardous secondary materials.
(a) Facilities managing hazardous secondary
			 materials under § 260.30, § 261.4 (a)(23), § 261.4 (a)(24),
			 § 261.4 (a)(25), or § 261.4(a)(27) must send a notification prior to
			 operating under the regulatory provision and by March 1 of each year thereafter
			 to the Director using EPA Form 8700-12 that includes the following information:
(1) The name, address, and EPA ID number (if
			 applicable) of the facility;
(2)
			 The name and telephone number of a contact person;
(3) The NAICS code of the facility;
(4) The rule under which the hazardous
			 secondary materials will be managed;
(5) For reclaimers and intermediate
			 facilities managing hazardous secondary materials in accordance with
			 §261.4(a)(24) or (25), whether the reclaimer or intermediate facility has
			 financial assurance (not applicable for persons managing hazardous secondary
			 materials generated and reclaimed under the control of the
			 generator);
(6) When the facility
			 began or expects to begin managing the hazardous secondary materials in
			 accordance with the rule;
(7) A
			 list of hazardous secondary materials that will be managed according to the
			 regulation (reported as the EPA hazardous waste numbers that would apply if the
			 hazardous secondary materials were managed as hazardous wastes);
(8) For each hazardous secondary material,
			 whether the hazardous secondary material, or any portion thereof, will be
			 managed in a land-based unit;
(9)
			 The quantity of each hazardous secondary material to be managed annually;
			 and
(10) The certification
			 (included in EPA Form 8700-12) signed and dated by an authorized representative
			 of the facility.
(b) If
			 a facility managing hazardous secondary materials has submitted a notification,
			 but then subsequently stops managing hazardous secondary materials in
			 accordance with the rule (s) listed above, the facility must notify the
			 Director within thirty (30) days using EPA Form 8700-12. For purposes of this
			 section, a facility has stopped managing hazardous secondary materials if the
			 facility no longer generates, manages and/or reclaims hazardous secondary
			 materials under the rule(s) above and does not expect to manage any amount of
			 hazardous secondary materials for at least 1 year.
§ 260.43
Legitimate recycling of
			 hazardous secondary materials
(a)
			 Recycling of hazardous secondary materials for the purpose of the exclusions or
			 exemptions from the hazardous waste rules must be legitimate. Hazardous
			 secondary material that is not legitimately recycled is discarded material and
			 is a solid waste. In determining if their recycling is legitimate, persons must
			 address all the requirements of this paragraph and must consider the
			 requirements of paragraph (b) of this section.
(1) Legitimate recycling must involve a
			 hazardous secondary material that provides a useful contribution to the
			 recycling process or to a product or intermediate of the recycling process. The
			 hazardous secondary material provides a useful contribution if it:
(i) Contributes valuable ingredients to a
			 product or intermediate; or
(ii)
			 Replaces a catalyst or carrier in the recycling process; or
(iii) Is the source of a valuable constituent
			 recovered in the recycling process; or
(iv) Is recovered or regenerated by the
			 recycling process; or
(v) Is used
			 as an effective substitute for a commercial product.
(2) The recycling process must produce a
			 valuable product or intermediate. The product or intermediate is valuable if it
			 is:
(i) Sold to a third party; or
(ii) Used by the recycler or the generator as
			 an effective substitute for a commercial product or as an ingredient or
			 intermediate in an industrial process.
(3) The generator and the recycler must
			 manage the hazardous secondary material as a valuable commodity when it is
			 under their control. Where there is an analogous raw material, the hazardous
			 secondary material must be managed, at a minimum, in a manner consistent with
			 the management of the raw material or in an equally protective manner. Where
			 there is no analogous raw material, the hazardous secondary material must be
			 contained. Hazardous secondary materials that are released to the environment
			 and are not recovered immediately are discarded.
(4) The product of the recycling process must
			 be comparable to a legitimate product or intermediate:
(i) Where there is an analogous product or
			 intermediate, the product of the recycling process is comparable to a
			 legitimate product or intermediate if:
(A) The
			 product of the recycling process does not exhibit a hazardous characteristic
			 (as defined in Section 261 Subsection C) that analogous products do not
			 exhibit, and
(B) The concentrations
			 of any hazardous constituents found in appendix VIII of Section 261 of this
			 rule that are in the product or intermediate are at levels that are comparable
			 to or lower than those found in analogous products or at levels that meet
			 widely-recognized commodity standards and specifications, in the case where the
			 commodity standards and specifications include levels that specifically address
			 those hazardous constituents.
(ii) Where there is no analogous product, the
			 product of the recycling process is comparable to a legitimate product or
			 intermediate if:
(A) The product of the
			 recycling process is a commodity that meets widely recognized commodity
			 standards and specifications (e.g., commodity specification grades for common
			 metals), or
(B) The hazardous
			 secondary materials being recycled are returned to the original process or
			 processes from which they were generated to be reused (e.g., closed loop
			 recycling).
(iii) If the
			 product of the recycling process has levels of hazardous constituents that are
			 not comparable to or unable to be compared to a legitimate product or
			 intermediate per paragraph (a)(4)(i) or (ii) of this section, the recycling
			 still may be shown to be legitimate, if it meets the following specified
			 requirements. The person performing the recycling must conduct the necessary
			 assessment and prepare documentation showing why the recycling is, in fact,
			 still legitimate. The recycling can be shown to be legitimate based on lack of
			 exposure from toxics in the product, lack of the bioavailability of the toxics
			 in the product, or other relevant considerations which show that the recycled
			 product does not contain levels of hazardous constituents that pose a
			 significant human health or environmental risk. The documentation must include
			 a certification statement that the recycling is legitimate and must be
			 maintained on-site for three years after the recycling operation has ceased.
			 The person performing the recycling must notify the Director of this activity
			 using EPA Form 8700-12.
(b) The following factor must be considered
			 in making a determination as to the overall legitimacy of a specific recycling
			 activity.
(1) The product of the recycling
			 process does not:
(i) Contain significant
			 concentrations of any hazardous constituents found in appendix VIII of section
			 261 that are not found in analogous products; or
(ii) Contain concentrations of hazardous
			 constituents found in appendix VIII of section 261 at levels that are
			 significantly elevated from those found in analogous products, or
(iii) Exhibit a hazardous characteristic (as
			 defined in section 261 subsection C) that analogous products do not
			 exhibit.
(2) In making a
			 determination that a hazardous secondary material is legitimately recycled,
			 persons must evaluate all factors and consider legitimacy as a whole. If, after
			 careful evaluation of these considerations, the factor in this paragraph is not
			 met, then this fact may be an indication that the material is not legitimately
			 recycled. However, the factor in this paragraph does not have to be met for the
			 recycling to be considered legitimate. In evaluating the extent to which this
			 factor is met and in determining whether a process that does not meet this
			 factor is still legitimate, persons can consider exposure from toxics in the
			 product, the bioavailability of the toxics in the product and other relevant
			 considerations.
(c)
			 [Reserved]
Section 261.
IDENTIFICATION AND LISTING
			 OF HAZARDOUS WASTE
Subsection A
-- General
§ 261.1
Purpose
			 and scope
(a) Subsection A defines the
			 terms "solid waste" and "hazardous waste", identifies those wastes which are
			 excluded from regulation under Sections 262 through 265, 268, and Section 270
			 of this rule and establishes special management requirements for hazardous
			 waste produced by very small quantity generators and hazardous waste which is
			 recycled.
(1) Subsection A defines the terms
			 "solid waste" and "hazardous waste", identifies those wastes which are excluded
			 from regulation under Sections 262 through 266, 268 and 270 and establishes
			 special management requirements for hazardous waste produced by conditionally
			 exempt small quantity generators and hazardous waste which is
			 recycled.
(2) Subsection B sets
			 forth the criteria used by EPA to identify characteristics of hazardous waste
			 and to list particular hazardous wastes.
(3) Subsection C identifies characteristics
			 of hazardous waste.
(4) Subsection
			 D lists particular hazardous wastes.
(b)
(1) The
			 definition of solid waste contained in this section applies only to wastes that
			 also are hazardous for purposes of the rules implementing subtitle C of RCRA.
			 For example, it does not apply to materials (such as non-hazardous scrap,
			 paper, textiles, or rubber) that are not otherwise hazardous wastes and that
			 are recycled.
(2) This section
			 identifies only some of the materials which are solid wastes and hazardous
			 wastes under Sections 3007, 3013, and 7003 of RCRA. A material which is not
			 defined as a solid waste in this section, or is not a hazardous waste
			 identified or listed in this section, is still a solid waste and a hazardous
			 waste for purposes of these sections if:
(i)
			 In the case of RCRA sections 3007 and 3013, EPA or the Division has reason to
			 believe that the material may be a solid waste within the meaning of section
			 1004(27) of RCRA and a hazardous waste within the meaning of section 1004(5) of
			 RCRA; or
(ii) In the case of
			 section 7003, the statutory elements are established.
(c) For the purposes of
			 §§ 261.2 and 261.6:
(1) A "spent
			 material" is any material that has been used and as a result of contamination
			 can no longer serve the purpose for which it was produced without
			 processing;
(2) "Sludge" has the
			 same meaning used in § 260.10 of this rule;
(3) A "by-product" is a material that is not
			 one of the primary products of a production process and is not solely or
			 separately produced by the production process. Examples are process residues
			 such as slags or distillation column bottoms. The term does not include a co-
			 product that is produced for the general public's use and is ordinarily used in
			 the form it is produced by the process.
(4) A material is "reclaimed" if it is
			 processed to recover a usable product, or if it is regenerated. Examples are
			 recovery of lead values from spent batteries and regeneration of spent
			 solvents. In addition, for purposes of § 261.4(a)(23) and (24), smelting,
			 melting, and refining furnaces are considered to be solely engaged in metals
			 reclamation if the metal recovery from the hazardous secondary materials meets
			 the same requirements as those specified for metals recovery from hazardous
			 waste found in § 266.100(d)(1) through (3) of this rule, and if the
			 residuals meet the requirements specified in § 266.112 of this
			 rule.
(5) A material is "used or
			 reused" if it is either:
(i) Employed as an
			 ingredient (including use as an intermediate) in an industrial process to make
			 a product (for example, distillation bottoms from one process used as feedstock
			 in another process). However, a material will not satisfy this condition if
			 distinct components of the material are recovered as separate end products (as
			 when metals are recovered from metal-containing secondary materials);
			 or
(ii) Employed in a particular
			 function or application as an effective substitute for a commercial product
			 (for example, spent pickle liquor used as phosphorous precipitant and sludge
			 conditioner in wastewater treatment).
(6) "Scrap metal" is bits and pieces of metal
			 parts (e.g.,) bars, turnings, rods, sheets, wire) or metal pieces that may be
			 combined together with bolts or soldering (e.g., radiators, scrap automobiles,
			 railroad box cars), which when worn or superfluous can be recycled.
(7) A material is "recycled" if it is used,
			 reused, or reclaimed.
(8) A
			 material is "accumulated speculatively" if it is accumulated before being
			 recycled. A material is not accumulated speculatively, however, if the person
			 accumulating it can show that the material is potentially recyclable and has a
			 feasible means of being recycled; and that -- during the calendar year
			 (commencing on January 1) -- the amount of material that is recycled, or
			 transferred to a different site for recycling, equals at least 75 percent by
			 weight or volume of the amount of that material accumulated at the beginning of
			 the period. Materials must be placed in a storage unit with a label indicating
			 the first date that the material began to be accumulated. If placing a label on
			 the storage unit is not practicable, the accumulation period must be documented
			 through an inventory log or other appropriate method. In calculating the
			 percentage of turnover, the 75 percent requirement is to be applied to each
			 material of the same type (e.g., slags from a single smelting process) that is
			 recycled in the same way (i.e., from which the same material is recovered or
			 that is used in the same way). Materials accumulating in units that would be
			 exempt from rule under § 261.4(c) are not to be included in making the
			 calculation. (Materials that are already defined as solid wastes also are not
			 to be included in making the calculation.) Materials are no longer in this
			 category once they are removed from accumulation for recycling,
			 however.
(9) "Excluded scrap metal"
			 is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt
			 scrap metal.
(10) "Processed scrap
			 metal" is scrap metal which has been manually or physically altered to either
			 separate it into distinct materials to enhance economic value or to improve the
			 handling of materials. Processed scrap metal includes, but is not limited to
			 scrap metal which has been baled, shredded, sheared, chopped, crushed,
			 flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines,
			 drosses and related materials which have been agglomerated. (Note: shredded
			 circuit boards being sent for recycling are not considered processed scrap
			 metal. They are covered under the exclusion from the definition of solid waste
			 for shredded circuit boards being recycled (§ 261.4(a)(14)).
(11) "Home scrap metal" is scrap metal as
			 generated by steel mills, foundries, and refineries such as turnings, cuttings,
			 punchings, and borings.
(12)
			 "Prompt scrap metal" is scrap metal as generated by the metal
			 working/fabrication industries and includes such scrap metal as turnings,
			 cuttings, punchings, and borings. Prompt scrap is also known as industrial or
			 new scrap metal.
§
			 261.2
Definition of Solid Waste
(a)
(1) A
			 "solid waste" is any discarded material that is not excluded by § 261.4(a)
			 or that is not excluded by variance granted under §§ 260.30 and
			 260.31.
(2) A "discarded material"
			 is any material which is:
(i) "Abandoned", as
			 explained in paragraph (b) of this section; or
(ii) [Reserved]
(iii) Considered "inherently waste-like", as
			 explained in paragraph (d) of this section; or
(iv) A "military munition" identified as a
			 solid waste in § 266.202.
(b) Materials are solid waste if they are
			 "abandoned" by being:
(1) Disposed of;
			 or
(2) Burned or incinerated;
			 or
(3) Accumulated, stored, or
			 treated (but not recycled) before or in lieu of being abandoned by being
			 disposed of, burned, or incinerated; or
(4) Sham recycled, as explained in paragraph
			 (g) of this section.
(c)
			 Materials are solid wastes if they are "recycled" -- or accumulated, stored, or
			 treated before recycling -- as specified in paragraphs (c)(1) through (4) of
			 this section.
(1) "Used in a manner
			 constituting disposal".
(i) Materials noted
			 with an "X" in Column 1 of Table 1 are solid wastes when they are:
(A) Applied to or placed on the land in a
			 manner that constitutes disposal; or
(B) Used to produce products that are applied
			 to or placed on the land or are otherwise contained in products that are
			 applied to or placed on the land (in which cases the product itself remains a
			 solid waste).
(ii)
			 However, commercial chemical products listed in § 261.33 are not solid
			 wastes if they are applied to the land and that is their ordinary manner of
			 use.
(2) "Burning for
			 energy recovery".
(i) Materials noted with an
			 "X" in column 2 of Table 1 are solid wastes when they are:
(A) Burned to recover energy;
(B) Used to produce a fuel or are otherwise
			 contained in fuels (in which cases the fuel itself remains a solid
			 waste).
(ii) However,
			 commercial chemical products listed in § 261.33 are not solid wastes if
			 they are themselves fuels.
(3)
Reclaimed.
Materials
			 noted with a "-" in column 3 of Table 1 are not solid wastes when reclaimed.
			 Materials noted with a
"X"
in column 3 of Table 1 are solid wastes
			 when reclaimed unless they meet the requirements of §
													§ 261.4(a)(17),
			 or 261.4(a)(23), 261.4(a)(24) or 261.4(a)(27)).
(4) "Accumulated speculatively". Materials
			 noted with an "X" in column 4 of Table 1 are solid wastes when accumulated
			 speculatively.
Table 1
Use
constituting
disposal
(§261.2(c)(1))
Energy recovery/fuel
						  (§261.2(c)(2))
Reclamation
(§261.2(c)(3)),
except as
provided in
§§261.4(a)(17),
261.4(a)(23),
261.4(a)(24) or
261.4(a)(27)
Speculative accumulation
						  (§261.2(c)(4))
1
2
3
4
Spent Materials
(*)
(*)
(*)
(*)
Sludges (listed in 40 CFR Part 261.31 or 261.32)
(*)
(*)
(*)
(*)
Sludges exhibiting a characteristic of hazardous
						  waste
(*)
(*)
-
(*)
By-products (listed in
						  40 CFR
						  261.31 or
						  261.32
						  )
(*)
(*)
(*)
(*)
By-products exhibiting a characteristic of hazardous
						  waste
(*)
(*)
-
(*)
Commercial chemical products listed in
						  40
						  CFR 261.33
(*)
(*)
-
-
Scrap metal that is not excluded under
						  40
						  CFR 261.4(a)(13)
(*)
(*)
(*)
(*)
Note: The terms "spent materials", "sludges", "by-product",
				"scrap metal", and "processed scrap metal" are defined in §
				261.1.
(d)
			 "Inherently waste-like materials". The following materials are solid wastes
			 when they are recycled in any manner:
(1)
			 Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product
			 at the site of generation), F022, F023, F026, and F028.
(2) Secondary materials fed to a halogen acid
			 furnace that exhibit a characteristic of a hazardous waste or are listed as a
			 hazardous waste as defined in subsections C or D of this section, except for
			 brominated material that meets the following criteria:
(i) The material must contain a bromine
			 concentration of at least 45%; and
(ii) The material must contain less than a
			 total of 1% of toxic organic compounds listed in Appendix VIII of this section;
			 and
(iii) The material is processed
			 continually on-site in the halogen acid furnace via direct conveyance (hard
			 piping).
(3) The
			 Commission will use the following criteria to add wastes to that list:
(i)
(A) The
			 materials are ordinarily disposed of, burned, or incinerated; or
(B) The materials contain toxic constituents
			 listed in Appendix VIII of Section 261 and these constituents are not
			 ordinarily found in raw materials or products for which the materials
			 substitute (or are found in raw materials or products in smaller
			 concentrations) and are not used or reused during the recycling process; and
			 (ii) The material may pose a substantial hazard to human health and the
			 environment when recycled.
(e) "Materials that are not solid waste when
			 recycled".
(1) Materials are not solid wastes
			 when they can be shown to be recycled by being:
(i) Used or reused as ingredients in an
			 industrial process to make a product, provided the materials are not being
			 reclaimed; or
(ii) Used or reused
			 as effective substitutes for commercial products; or
(iii) Returned to the original process from
			 which they are generated, without first being reclaimed or land disposed. The
			 material must be returned as a substitute for feedstock materials. In cases
			 where the original process to which the material is returned is a secondary
			 process, the materials must be managed such that there is no placement on the
			 land. In cases where the materials are generated and reclaimed within the
			 primary mineral processing industry, the conditions of the exclusion found at
			 § 261.4(a)(17) apply rather than this paragraph.
(2) The following materials are solid wastes,
			 even if the recycling involves use, reuse, or return to the original process
			 (described in paragraphs (e)(1)(i) through (iii) of this section):
(i) Materials used in a manner constituting
			 disposal, or used to produce products that are applied to the land;
			 or
(ii) Materials burned for energy
			 recovery, used to produce a fuel, or contained in fuels; or
(iii) Materials accumulated speculatively;
			 or
(iv) Materials listed in
			 paragraphs (d)(1) and (d)(2) of this section.
(f) Documentation of claims that materials
			 are not solid wastes or are conditionally exempt from regulation. Respondents
			 in actions to enforce rules implementing subtitle C of RCRA who raise a claim
			 that a certain material is not a solid waste, or is conditionally exempt from
			 regulation, must demonstrate that there is a known market or disposition for
			 the material, and that they meet the terms of the exclusion or exemption. In
			 doing so, they must provide appropriate documentation (such as contracts
			 showing that a second person uses the material as an ingredient in a production
			 process) to demonstrate that the material is not a waste, or is exempt from
			 regulation. In addition, owners or operators of facilities claiming that they
			 actually are recycling materials must show that they have the necessary
			 equipment to do so.
(g) Sham
			 recycling. A hazardous secondary material found to be sham recycled is
			 considered discarded and a solid waste. Sham recycling is recycling that is not
			 legitimate recycling as defined in § 260.43.
§ 261.3
Definition of Hazardous
			 Waste
(a) A solid waste, as defined in
			 § 261.2, is a hazardous waste if:
(1) It
			 is not excluded from regulation as a hazardous waste under § 261.4(b);
			 and
(2) It meets any of the
			 following criteria:
(i) It exhibits any of
			 the characteristics of hazardous waste identified in subsection C of this
			 Section. However, any mixture of a waste from the extraction, beneficiation,
			 and processing of ores and minerals excluded under §261.4(b)(7) and any
			 other solid waste exhibiting a characteristic of hazardous waste under
			 subsection C is a hazardous waste only if it exhibits a characteristic that
			 would not have been exhibited by the excluded waste alone if such mixture had
			 not occurred, or if it continues to exhibit any of the characteristics
			 exhibited by the non-excluded wastes prior to mixture. Further, for the
			 purposes of applying the Toxicity Characteristic to such mixtures, the mixture
			 is also a hazardous waste if it exceeds the maximum concentration for any
			 contaminant listed in table 1 to §261.24 that would not have been exceeded
			 by the excluded waste alone if the mixture had not occurred or if it continues
			 to exceed the maximum concentration for any contaminant exceeded by the
			 nonexempt waste prior to mixture.
(ii) It is listed in subsection D of this
			 section and has not been excluded from the lists in subsection D of this
			 section under §§ 260.20 and 260.22 of this rule.
(iii) [Reserved]
(iv) It is a mixture of solid waste and one
			 or more hazardous wastes listed in subsection D of this section and has not
			 been excluded from paragraph (a)(2) of this section under the provisions of
			 §§ 260.20 and 260.22, paragraph (g) of this subsection, or paragraph
			 (h) of this subsection; however, the following mixtures of solid wastes and
			 hazardous wastes listed in subsection D of this section are not hazardous
			 wastes (except by application of paragraph (a)(2)(i) or (ii) of this
			 subsection) if the generator can demonstrate that the mixture consists of
			 wastewater, the discharge of which is subject to regulation under either
			 section 402 or section 307(b) of the Clean Water Act (including wastewater at
			 facilities which have eliminated the discharge of waste water) and;
(A) One or more of the following solvents
			 listed in § 261.31 - benzene, carbon tetrachloride, tetrachloroethylene,
			 trichloroethylene - or the scrubber waters derived-from the combustion of these
			 spent solvents- provided, that the maximum total weekly usage of these solvents
			 (other than the amounts that can be demonstrated not to be discharged to
			 wastewater) divided by the average weekly flow of wastewater into the headworks
			 of the facility's wastewater treatment or pretreatment system does not exceed 1
			 part per million, OR the total measured concentration of these solvents
			 entering the headworks of the facility's wastewater treatment system (at
			 facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR
			 Parts 60, 61, or 63, or at facilities subject to an enforceable limit in a
			 federal operating permit that minimizes fugitive emissions), does not exceed 1
			 part per million on an average weekly basis. Any facility that uses benzene as
			 a solvent and claims this exemption must use an aerated biological wastewater
			 treatment system and must use only lined surface impoundments or tanks prior to
			 secondary clarification in the wastewater treatment system. Facilities that
			 choose to measure concentration levels must file a copy of their sampling and
			 analysis plan with the Director, as the context requires, or an authorized
			 representative ("Director" as defined in § 270.2 of this rule). A facility
			 must file a copy of a revised sampling and analysis plan only if the initial
			 plan is rendered inaccurate by changes in the facility's operations. The
			 sampling and analysis plan must include the monitoring point location
			 (headworks), the sampling frequency and methodology, and a list of constituents
			 to be monitored. A facility is eligible for the direct monitoring option once
			 they receive confirmation that the sampling and analysis plan has been received
			 by the Director. The Director may reject the sampling and analysis plan if
			 he/she finds that, the sampling and analysis plan fails to include the above
			 information; or the plan parameters would not enable the facility to calculate
			 the weekly average concentration of these chemicals accurately. If the Director
			 rejects the sampling and analysis plan or if the Director finds that the
			 facility is not following the sampling and analysis plan, the Director shall
			 notify the facility to cease the use of the direct monitoring option until such
			 time as the bases for rejection are corrected; or
(B) One or more of the following spent
			 solvents listed in § 261.31-methylene chloride, 1,1,1-trichloroethane,
			 chloro- benzene, o- dichlorobenzene, cresols, cresylic acid, nitrobenzene,
			 toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent
			 chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived
			 from the combustion of these spent solvents-provided that the maximum total
			 weekly usage of these solvents (other than the amounts that can be demonstrated
			 not to be discharged to wastewater) divided by the average weekly flow of
			 wastewater into the headworks of the facility's wastewater treatment or
			 pretreatment system does not exceed 25 parts per million, OR the total measured
			 concentration of these solvents entering the headworks of the facility's
			 wastewater treatment system (at facilities subject to regulation under the
			 Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities
			 subject to an enforceable limit in a federal operating permit that minimizes
			 fugitive emissions), does not exceed 25 parts per million on an average weekly
			 basis. Facilities that choose to measure concentration levels must file a copy
			 of their sampling and analysis plan with the Director, or an authorized
			 representative ("Director" as defined in § 270.2). A facility must file a
			 copy of a revised sampling and analysis plan only if the initial plan is
			 rendered inaccurate by changes in the facility's operations. The sampling and
			 analysis plan must include the monitoring point location (headworks), the
			 sampling frequency and methodology, and a list of constituents to be monitored.
			 A facility is eligible for the direct monitoring option once they receive
			 confirmation that the sampling and analysis plan has been received by the
			 Director. The Director may reject the sampling and analysis plan if he/she
			 finds that, the sampling and analysis plan fails to include the above
			 information; or the plan parameters would not enable the facility to calculate
			 the weekly average concentration of these chemicals accurately. If the Director
			 rejects the sampling and analysis plan or if the Director finds that the
			 facility is not following the sampling and analysis plan, the Director shall
			 notify the facility to cease the use of the direct monitoring option until such
			 time as the bases for rejection are corrected; or
(C) One of the following wastes listed in
			 § 261.32, provided that the wastes are discharged to the refinery oil
			 recovery sewer before primary oil/water/solids separation-heat exchanger bundle
			 cleaning sludge from the petroleum refining industry (EPA Hazardous Waste No.
			 K050), crude oil storage tank sediment from petroleum refining operations (EPA
			 Hazardous Waste No. K169), clarified slurry oil tank sediment and/or in-line
			 filter/separation solids from petroleum refining operations (EPA Hazardous
			 Waste No. K170), spent hydrotreating catalyst (EPA Hazardous Waste No. K171),
			 and spent hydrorefining catalyst (EPA Hazardous Waste No. K172); or
(D) A discarded hazardous waste, commercial
			 chemical product, or chemical intermediate listed in §§ 261.31
			 through 261.33, arising from de minimis losses of these materials. For purposes
			 of this paragraph (a)(2)(iv)(D), de minimis losses are inadvertent releases to
			 a wastewater treatment system, including those from normal material handling
			 operations (e.g., spills from the unloading or transfer of materials from bins
			 or other containers, leaks from pipes, valves or other devices used to transfer
			 materials); minor leaks of process equipment, storage tanks or containers;
			 leaks from well maintained pump packings and seals; sample purgings; relief
			 device discharges; discharges from safety showers and rinsing and cleaning of
			 personal safety equipment; and rinsate from empty containers or from containers
			 that are rendered empty by that rinsing. Any manufacturing facility that claims
			 an exemption for de minimis quantities of wastes listed in §§ 261.31
			 through 261.32, or any nonmanufacturing facility that claims an exemption for
			 de minimis quantities of wastes listed in subsection D of this section must
			 either have eliminated the discharge of wastewaters or have included in its
			 Clean Water Act permit application or submission to its pretreatment control
			 authority the constituents for which each waste was listed (in § 261
			 appendix VII) of this section; and the constituents in the table "Treatment
			 Standards for Hazardous Wastes" in § 268.40 of this rule for which each
			 waste has a treatment standard (i.e., Land Disposal Restriction constituents).
			 A facility is eligible to claim the exemption once the permit writer or control
			 authority has been notified of possible de minimis releases via the Clean Water
			 Act permit application or the pretreatment control authority submission. A copy
			 of the Clean Water permit application or the submission to the pretreatment
			 control authority must be placed in the facility's on-site files; or
(E) Wastewater resulting from laboratory
			 operations containing toxic (T) wastes listed in subsection D of this section,
			 provided, that the annualized average flow of laboratory wastewater does not
			 exceed one percent of total wastewater flow into the headworks of the
			 facility's wastewater treatment or pre-treatment system or provided the wastes,
			 combined annualized average concentration does not exceed one part per million
			 in the headworks of the facility's wastewater treatment or pre-treatment
			 facility. Toxic (T) wastes used in laboratories that are demonstrated not to be
			 discharged to wastewater are not to be included in this calculation;
			 or
(F) One or more of the following
			 wastes listed in § 261.32 - wastewaters from the production of carbamates
			 and carbamoyl oximes (EPA Hazardous Waste No. K157) - provided that the maximum
			 weekly usage of formaldehyde, methyl chloride, methylene chloride, and
			 triethylamine (including all amounts that cannot be demonstrated to be reacted
			 in the process, destroyed through treatment, or is recovered, i.e., what is
			 discharged or volatilized) divided by the average weekly flow of process
			 wastewater prior to any dilution into the headworks of the facility's
			 wastewater treatment system does not exceed a total of 5 parts per million by
			 weight OR the total measured concentration of these chemicals entering the
			 headworks of the facility's wastewater treatment system (at facilities subject
			 to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or
			 63, or at facilities subject to an enforceable limit in a federal operating
			 permit that minimizes fugitive emissions), does not exceed 5 parts per million
			 on an average weekly basis. Facilities that choose to measure concentration
			 levels must file copy of their sampling and analysis plan with the Director, or
			 an authorized representative ("Director" as defined in § 270.2). A
			 facility must file a copy of a revised sampling and analysis plan only if the
			 initial plan is rendered inaccurate by changes in the facility's operations.
			 The sampling and analysis plan must include the monitoring point location
			 (headworks), the sampling frequency and methodology, and a list of constituents
			 to be monitored. A facility is eligible for the direct monitoring option once
			 they receive confirmation that the sampling and analysis plan has been received
			 by the Director. The Director may reject the sampling and analysis plan if
			 he/she finds that, the sampling and analysis plan fails to include the above
			 information; or the plan parameters would not enable the facility to calculate
			 the weekly average concentration of these chemicals accurately. If the Director
			 rejects the sampling and analysis plan or if the Director finds that the
			 facility is not following the sampling and analysis plan, the Director shall
			 notify the facility to cease the use of the direct monitoring option until such
			 time as the bases for rejection are corrected; or
(G) Wastewaters derived-from the treatment of
			 one or more of the following wastes listed in § 261.32 - organic waste
			 (including heavy ends, still bottoms, light ends, spent solvents, filtrates,
			 and decantates) from the production of carbamates and carbamoyl oximes (EPA
			 Hazardous Waste No. K156). - provided that the maximum concentration of
			 formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to
			 any dilutions into the headworks of the facility's wastewater treatment system
			 does not exceed a total of 5 milligrams per liter OR the total measured
			 concentration of these chemicals entering the headworks of the facility's
			 wastewater treatment system (at facilities subject to regulation under the
			 Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities
			 subject to an enforceable limit in a federal operating permit that minimizes
			 fugitive emissions), does not exceed 5 milligrams per liter on an average
			 weekly basis. Facilities that choose to measure concentration levels must file
			 copy of their sampling and analysis plan with the Director, or an authorized
			 representative ("Director" as defined in § 270.2). A facility must file a
			 copy of a revised sampling and analysis plan only if the initial plan is
			 rendered inaccurate by changes in the facility's operations. The sampling and
			 analysis plan must include the monitoring point location (headworks), the
			 sampling frequency and methodology, and a list of constituents to be monitored.
			 A facility is eligible for the direct monitoring option once they receive
			 confirmation that the sampling and analysis plan has been received by the
			 Director. The Director may reject the sampling and analysis plan if he/she
			 finds that, the sampling and analysis plan fails to include the above
			 information; or the plan parameters would not enable the facility to calculate
			 the weekly average concentration of these chemicals accurately. If the Director
			 rejects the sampling and analysis plan or if the Director finds that the
			 facility is not following the sampling and analysis plan, the Director shall
			 notify the facility to cease the use of the direct monitoring option until such
			 time as the bases for rejection are corrected.
(v) Rebuttable presumption for used oil. Used
			 oil containing more than 1000 ppm total halogens is presumed to be a hazardous
			 waste because it has been mixed with halogenated hazardous waste listed in
			 subsection D of Section 261 of this rule. Persons may rebut this presumption by
			 demonstrating that the used oil does not contain hazardous waste (for example,
			 to show that the used oil does not contain significant concentrations of
			 halogenated hazardous constituents listed in Appendix VIII of Section 261 of
			 this rule).
(A) The rebuttable presumption
			 does not apply to metalworking oils/fluids containing chlorinated paraffins, if
			 they are processed, through a tolling agreement, to reclaim metalworking
			 oils/fluids. The presumption does apply to metalworking oils/fluids if such
			 oils/fluids are recycled in any other manner, or disposed.
(B) The rebuttable presumption does not apply
			 to used oils contaminated with chlorofluorocarbons (CFCs) removed from
			 refrigeration units where the CFCs are destined for reclamation. The rebuttable
			 presumption does apply to used oils contaminated with CFCs that have been mixed
			 with used oil from sources other than refrigeration units.
(b) A solid waste which
			 is not excluded from rule under paragraph (a)(1) of this section becomes a
			 hazardous waste when any of the following events occur:
(1) In the case of a waste listed in
			 subsection D of this section, when the waste first meets the listing
			 description set forth in subsection D of this section.
(2) In the case of a mixture of solid waste
			 and one or more listed hazardous wastes, when a hazardous waste listed in
			 subsection D is first added to the solid waste.
(3) In the case of any other waste (including
			 a waste mixture), when the waste exhibits any of the characteristics identified
			 in subsection C of this section.
(c) Unless and until it meets the criteria of
			 paragraph (d) of this section:
(1) A hazardous
			 waste will remain a hazardous waste.
(2)
(i)
			 Except as otherwise provided in paragraph (c)(2)(ii), (g) or (h) of this
			 subsection, any solid waste generated from the treatment, storage, or disposal
			 of a hazardous waste, including any sludge, spill residue, ash, emission
			 control dust, or leachate (but not including precipitation run-off) is a
			 hazardous waste. (However, materials that are reclaimed from solid wastes and
			 that are used beneficially are not solid wastes and hence are not hazardous
			 wastes under this provision unless the reclaimed material is burned for energy
			 recovery or used in a manner constituting disposal.)
(ii) The following solid wastes are not
			 hazardous even though they are generated from the treatment, storage, or
			 disposal of a hazardous waste, unless they exhibit one or more of the
			 characteristics of hazardous waste:
(A) Waste
			 pickle liquor sludge generated by lime stabilization of spent pickle liquor
			 from the iron and steel industry (SIC Codes 331 and 332).
(B) Waste from burning any of the materials
			 exempted from regulation by § 261.6(a)(3)(iii) and (iv).
(C)
(1)
			 Nonwastewater residues, such as slag, resulting from high temperature metals
			 recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as
			 rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag
			 reactors, rotary hearth furnace/electric furnace combinations or industrial
			 furnaces (as defined in paragraphs (6), (7), and (13) of the definition for
			 "Industrial furnace" in § 260.10), that are disposed in subtitle D units,
			 provided that these residues meet the generic exclusion levels identified in
			 the tables in this paragraph for all constituents, and exhibit no
			 characteristics of hazardous waste. Testing requirements must be incorporated
			 in a facility's waste analysis plan or a generator's self-implementing waste
			 analysis plan; at a minimum, composite samples of residues must be collected
			 and analyzed quarterly and/or when the process or operation generating the
			 waste changes. Persons claiming this exclusion in an enforcement action will
			 have the burden of proving by clear and convincing evidence that the material
			 meets all of the exclusion requirements.
Constituent Maximum for any single composite
				sample-TCLP (mg/l)
Generic exclusion levels for K061 and K062 nonwastewater
				HTMR residues
Antimony
0.10
Arsenic
0.50
Barium
7.6
Beryllium
0.010
Cadmium
0.050
Chromium (
total) 0.33
Lead
0.15
Mercury
0.009
Nickel
1.0
Selenium
0.16
Silver
0.30
Thallium
0.020
Zinc
70
Generic exclusion levels for F006 nonwastewater HTMR
				residues
Antimony
0.10
Arsenic
0.50
Barium
7.6
Beryllium
0.010
Cadmium
0.050
Chromium (total)
0.33
Cyanide (total) (m
g/kg) 1.8
Lead
0.15
Mercury
0.009
Nickel
1.0
Selenium
0.16
Silver
0.30
Thallium
0.020
Zinc
70
(2) A one-time
			 notification and certification must be placed in the facility's files and sent
			 to the Division for K061, K062 or F006 HTMR residues that meet the generic
			 exclusion levels for all constituents and do not exhibit any characteristics
			 that are sent to subtitle D units. The notification and certification that is
			 placed in the generators or treaters files must be updated if the process or
			 operation generating the waste changes and/or if the subtitle D unit receiving
			 the waste changes. However, the generator or treater need only notify the
			 Division on an annual basis if such changes occur. Such notification and
			 certification should be sent to the Division by the end of the calendar year,
			 but no later than December 31. The notification must include the following
			 information: The name and address of the subtitle D unit receiving the waste
			 shipments; the EPA Hazardous Waste Number(s) and treatability group(s) at the
			 initial point of generation; and, the treatment standards applicable to the
			 waste at the initial point of generation. The certification must be signed by
			 an authorized representative and must state as follows: "I certify under
			 penalty of law that the generic exclusion levels for all constituents have been
			 met without impermissible dilution and that no characteristic of hazardous
			 waste is exhibited. I am aware that there are significant penalties for
			 submitting a false certification, including the possibility of fine and
			 imprisonment."
(D)
			 Biological treatment sludge from the treatment of one of the following wastes
listed in § 261.32-organic waste (including heavy
ends,
			 still bottoms, light ends, spent solvents, filtrates, and decantates) from the
			 production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156),
			 and wastewaters from the production of carbamates and carbamoyl oximes (EPA
			 Hazardous Waste No. K157).
(E)
			 Catalyst inert support media separated from one of the following wastes listed
			 in § 261.32 - Spent hydrotreating catalyst (EPA Hazardous Waste No. K171),
			 and Spent hydrorefining catalyst (EPA Hazardous Waste No. K172).
(d) Any solid waste described in paragraph
			 (c) of this section is not a hazardous waste if it meets the following
			 criteria:
(1) In the case of any solid waste,
			 it does not exhibit any of the characteristics of hazardous waste identified in
			 subsection C of this section. (However, wastes that exhibit a characteristic at
			 the point of generation may still be subject to the requirements of section
			 268, even if they no longer exhibit a characteristic at the point of land
			 disposal.)
(2) In the case of a
			 waste which is a listed waste under subsection D of this section, contains a
			 waste listed under subsection D of this section or is derived from a waste
			 listed in subsection D of this section, it also has been excluded from
			 paragraph (c) under §§ 260.20 and 260.22 of this rule.
(e)
[Reserved]
(f)
			 Notwithstanding paragraphs (a) through (d) of this section and provided the
			 debris as defined in Section 268 of this rule does not exhibit a characteristic
			 identified at subsection C of this section, the following materials are not
			 subject to regulation under sections 260, 261 to 266, 268, or 270:
(1) Hazardous debris as defined in Section
			 268 of this rule that has been treated using one of the required extraction or
			 destruction technologies specified in Table 1 of § 268.45 of this rule;
			 persons claiming this exclusion in an enforcement action will have the burden
			 of proving by clear and convincing evidence that the material meets all of the
			 exclusion requirements; or
(2)
			 Debris as defined in Section 268 of this rule that the Director, considering
			 the extent of contamination, has determined is no longer contaminated with
			 hazardous waste.
(g)
(1) A hazardous waste that is listed in
			 subsection D of this section solely because it exhibits one or more
			 characteristics of ignitability as defined under § 261.21 of this rule,
			 corrosivity as defined under § 261.22, or reactivity as defined under
			 §261.23 is not a hazardous waste, if the waste no longer exhibits any
			 characteristic of hazardous waste identified in subsection C of this
			 section.
(2) The exclusion
			 described in paragraph (g)(1) of this subsection also pertains to:
(i) Any mixture of a solid waste and a
			 hazardous waste listed in subection D of this Section solely because it
			 exhibits the characteristics of ignitability, corrosivity, or reactivity as
			 regulated under paragraph (a)(2)(iv) of this subsection; and
(ii) Any solid waste generated from treating,
			 storing, or disposing of a hazardous waste listed in subsection D of this
			 Section solely because it exhibits the characteristics of ignitability,
			 corrosivity, or reactivity as regulated under paragraph (c)(2)(i) of this
			 section.
(3) Wastes
			 excluded under this section are subject to Section 268 of this rule (as
			 applicable), even if they no longer exhibit a characteristic at the point of
			 land disposal.
(4) Any mixture of a
			 solid waste excluded from regulation under § 261.4(b)(7) and a hazardous
			 waste listed in subsection D of this section solely because it exhibits one or
			 more of the characteristics of ignitability, corrosivity, or reactivity as
			 regulated under paragraph (a)(2)(iv) of this section is not a hazardous waste,
			 if the mixture no longer exhibits any characteristic of hazardous waste
			 identified in subsection C of this section for which the hazardous waste listed
			 in subsection D of this section was listed.
(h)
(1)
			 Hazardous waste containing radioactive waste is no longer a hazardous waste
			 when it meets the eligibility criteria and conditions of Section 266,
			 Subsection N ("eligible radioactive mixed waste") of this rule.
(2) The exemption described in paragraph
			 (h)(1) of this subsection also pertains to:
(i) Any mixture of a solid waste and an
			 eligible radioactive mixed waste; and
(ii) Any solid waste generated from treating,
			 storing, or disposing of an eligible radioactive mixed waste.
(3) Waste exempted under this
			 section must meet the eligibility criteria and specified conditions in §
			 266.225 and § 266.230 (for storage and treatment) and in §266.310 and
			 §266.315 (for transportation and disposal). Waste that fails to satisfy
			 these eligibility criteria and conditions is regulated as hazardous waste.
§ 261.4
Exclusions
(a) Materials which
			 are not solid wastes. The following materials are not solid wastes for the
			 purpose of this section:
(1)
(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other
			 wastes that passes through a sewer system to a publicly-owned treatment works
			 for treatment. "Domestic sewage" means untreated sanitary wastes that pass
			 through a sewer system. (2) Industrial wastewater discharges that are point
			 source discharges subject to regulation under section 402 of the Clean Water
			 Act, as amended.
Comment: This exclusion applies only to the actual point source
				discharge. It does not exclude industrial wastewaters while they are being
				collected, stored or treated before discharge, nor does it exclude sludges that
				are generated by industrial wastewater treatment.
(3) Irrigation return flows.
(4) Source, special nuclear or by-product
			 material as defined by the Atomic Energy Act of 1954, as amended,
			 42 U.S.C.
			 2011 et seq.
(5) Materials subjected to in-situ mining
			 techniques which are not removed from the ground as section of the extraction
			 process.
(6) Pulping liquors (i.e.,
			 black liquor) that are reclaimed in a pulping liquor recovery furnace and then
			 reused in the pulping process, unless it is accumulated speculatively as
			 defined in § 261.1(c) of this rule.
(7) Spent sulfuric acid used to produce
			 virgin sulfuric acid, provided it is not accumulated speculatively as defined
			 in § 261.1(c) of this rule.
(8) Secondary materials that are reclaimed
			 and returned to the original process or processes in which they were generated
			 where they are reused in the production process provided:
(i) Only tank storage is involved, and the
			 entire process through completion of reclamation is closed by being entirely
			 connected with pipes or other comparable enclosed means of
			 conveyance;
(ii) Reclamation does
			 not involve controlled flame combustion (such as occurs in boilers, industrial
			 furnaces, or incinerators);
(iii)
			 The secondary materials are never accumulated in such tanks for over twelve
			 months without being reclaimed; and
(iv) The reclaimed material is not used to
			 produce a fuel, or used to produce products that are used in a manner
			 constituting disposal.
(9)
(i)
			 Spent wood preserving solutions that have been reclaimed and are reused for
			 their original intended purpose; and
(ii) Wastewaters from the wood preserving
			 process that have been reclaimed and are reused to treat wood.
(iii) Prior to reuse, the wood preserving
			 wastewaters and spent wood preserving solutions described in paragraphs
			 (a)(9)(i) and (a)(9)(ii) of this section, so long as they meet all of the
			 following conditions:
(A) The wood preserving
			 wastewaters and spent wood preserving solutions are reused on-site at water
			 borne plants in the production process for their original intended
			 purpose;
(B) Prior to reuse, the
			 wastewaters and spent wood preserving solutions are managed to prevent release
			 to either land or groundwater or both;
(C) Any unit used to manage wastewaters
			 and/or spent wood preserving solutions prior to reuse can be visually or
			 otherwise determined to prevent such releases;
(D) Any drip pad used to manage the
			 wastewaters and/or spent wood preserving solutions prior to reuse complies with
			 the standards in Section 265, subsection W of this rule, regardless of whether
			 the plant generates a total of less than 100 kg/month of hazardous waste;
			 and
(E) Prior to operating pursuant
			 to this exclusion, the plant owner or operator submits to the Director a
			 one-time notification stating that the plant intends to claim the exclusion,
			 giving the date on which the plant intends to begin operating under the
			 exclusion, and containing the following language: "I have read the applicable
			 rule establishing an exclusion for wood preserving wastewaters and spent wood
			 preserving solutions and understand it requires me to comply at all times with
			 the conditions set out in the rule." The plant must maintain a copy of that
			 document in its on-site records until the closure of the facility. The
			 exclusion applies only so long as the plant meets all of the conditions. If the
			 plant goes out of compliance with any condition, it may apply to the Director
			 for reinstatement. The Director may reinstate the exclusion upon finding that
			 the plant has returned to compliance with all conditions and that violations
			 are not likely to recur.
(10) EPA Hazardous Waste Nos. K060, K087,
			 K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke
			 by-products processes that are hazardous only because they exhibit the Toxicity
			 Characteristic (TC) specified in § 261.24 of this section when, subsequent
			 to generation, these materials are recycled to coke ovens, to the tar recovery
			 process as a feedstock to produce coal tar, or mixed with coal tar prior to the
			 tar's sale or refining. This exclusion is conditioned on there being no land
			 disposal of the wastes from the point they are generated to the point they are
			 recycled to coke ovens or tar recovery or refining processes, or mixed with
			 coal tar.
(11) Nonwastewater splash
			 condenser dross residue from the treatment of K061 in high temperature metals
			 recovery units, provided it is shipped in drums (if shipped) and not land
			 disposed before recovery.
(12)
(i) Oil-bearing hazardous secondary materials
			 (i.e., sludges, byproducts, or spent materials) that are generated at a
			 petroleum refinery (SIC code 2911) and are inserted into the petroleum refining
			 process (SIC code 2911-including, but not limited to, distillation, catalytic
			 cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the
			 material is placed on the land, or speculatively accumulated before being so
			 recycled. Materials inserted into thermal cracking units are excluded under
			 this paragraph, provided that the coke product also does not exhibit a
			 characteristic of hazardous waste. Oil-bearing hazardous secondary materials
			 may be inserted into the same petroleum refinery where they are generated, or
			 sent directly to another petroleum refinery, and still be excluded under this
			 provision. Except as provided in paragraph (a)(12)(ii) of this section,
			 oil-bearing hazardous secondary materials generated elsewhere in the petroleum
			 industry (i.e., from sources other than petroleum refineries) are not excluded
			 under this section. Residuals generated from processing or recycling materials
			 excluded under this paragraph (a)(12)(i), where such materials as generated
			 would have otherwise met a listing under subsection D of this section, are
			 designated as F037 listed wastes when disposed of or intended for
			 disposal.
(ii) Recovered oil that
			 is recycled in the same manner and with the same conditions as described in
			 paragraph (a)(12)(i) of this section. Recovered oil is oil that has been
			 reclaimed from secondary materials (including wastewater) generated from normal
			 petroleum industry practices, including refining, exploration and production,
			 bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381,
			 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil
			 does not include oil-bearing hazardous wastes listed in subsection D of this
			 section; however, oil recovered from such wastes may be considered recovered
			 oil. Recovered oil does not include used oil as defined in § 279.1 of this
			 rule.
(13) Excluded
			 scrap metal (processed scrap metal, unprocessed home scrap metal, and
			 unprocessed prompt scrap metal) being recycled.
(14) Shredded circuit boards being recycled
			 provided that they are:
(i) Stored in
			 containers sufficient to prevent a release to the environment prior to
			 recovery; and
(ii) Free of mercury
			 switches, mercury relays and nickel-cadmium batteries and lithium
			 batteries.
(15)
			 Condensates derived from the overhead gases from kraft mill steam strippers
			 that are used to comply with
			 40 CFR
			 63.446(e). The exemption
			 applies only to combustion at the mill generating the condensates.
(16) [Reserved]
(17) Spent materials (as defined in
			 §261.1) (other than hazardous wastes listed in subsection D of this
			 section) generated within the primary mineral processing industry from which
			 minerals, acids, cyanide, water or other values are recovered by mineral
			 processing or by beneficiation, provided that:
(i) The spent material is legitimately
			 recycled to recover minerals, acids, cyanide, water or other values;
(ii) The spent material is not accumulated
			 speculatively;
(iii) Except as
			 provided in paragraph (a)(15)(iv) of this section, the spent material is stored
			 in tanks, containers, or buildings meeting the following minimum integrity
			 standards: a building must be an engineered structure with a floor, walls, and
			 a roof all of which are made of non-earthen materials providing structural
			 support (except smelter buildings may have partially earthen floors provided
			 the spent material is stored on the non-earthen portion), and have a roof
			 suitable for diverting rainwater away from the foundation; a tank must be free
			 standing, not be a surface impoundment (as defined in § 260.10 of this
			 rule), and be manufactured of a material suitable for containment of its
			 contents; a container must be free standing and be manufactured of a material
			 suitable for containment of its contents. If tanks or containers contain any
			 particulate which may be subject to wind dispersal, the owner/operator must
			 operate these units in a manner which controls fugitive dust. Tanks,
			 containers, and buildings must be designed, constructed and operated to prevent
			 significant releases to the environment of these materials.
(iv) The Director may make a site-specific
			 determination, after public review and comment, that only solid mineral
			 processing spent materials may be placed on pads, rather than in tanks,
			 containers, or buildings. Solid mineral processing spent materials do not
			 contain any free liquid. The decision-maker must affirm that pads are designed,
			 constructed and operated to prevent significant releases of the spent material
			 into the environment. Pads must provide the same degree of containment afforded
			 by the non-RCRA tanks, containers and buildings eligible for exclusion.
(A) The decision-maker must also consider if
			 storage on pads poses the potential for significant releases via groundwater,
			 surface water, and air exposure pathways. Factors to be considered for
			 assessing the groundwater, surface water, air exposure pathways are: the volume
			 and physical and chemical properties of the spent material, including its
			 potential for migration off the pad; the potential for human or environmental
			 exposure to hazardous constituents migrating from the pad via each exposure
			 pathway, and the possibility and extent of harm to human and environmental
			 receptors via each exposure pathway.
(B) Pads must meet the following minimum
			 standards: be designed of non-earthen material that is compatible with the
			 chemical nature of the mineral processing spent material, capable of
			 withstanding physical stresses associated with placement and removal, have run
			 on/runoff controls, be operated in a manner which controls fugitive dust, and
			 have integrity assurance through inspections and maintenance
			 programs.
(C) Before making a
			 determination under this paragraph, the Director must provide notice and the
			 opportunity for comment to all persons potentially interested in the
			 determination. This can be accomplished by placing notice of this action in
			 major local newspapers, or broadcasting notice over local radio stations.
(v)  The owner or
			 operator provides a notice to the Director, identifying the following
			 information: the types of materials to be recycled; the type and location of
			 the storage units and recycling processes; and the annual quantities expected
			 to be placed in non-land-based units. This notification must be updated when
			 there is a change in the type of materials recycled or the location of the
			 recycling process.
(vi) For
			 purposes of paragraph (b)(7) of this section, mineral processing spent
			 materials must be the result of mineral processing and may not include any
			 listed hazardous wastes. Listed hazardous wastes and characteristic hazardous
			 wastes generated by non-mineral processing industries are not eligible for the
			 conditional exclusion from the definition of solid waste.
(18) Petrochemicals recovered oil from an
			 associated organic chemical manufacturing facility, where the oil is to be
			 inserted into the petroleum refining process (SIC code 2911) along with normal
			 petroleum refinery process streams, provided:
(i) The oil is hazardous only because it
			 exhibits the characteristic of ignitability (as defined in § 261.21)
			 and/or toxicity for benzene (§ 261.24, waste code D018); and
(ii) The oil generated by the organic
			 chemical manufacturing facility is not placed on the land, or speculatively
			 accumulated before being recycled into the petroleum refining process. An
			 "associated organic chemical manufacturing facility'' is a facility where the
			 primary SIC code is 2869, but where operations may also include SIC codes 2821,
			 2822, and 2865; and is physically co-located with a petroleum refinery; and
			 where the petroleum refinery to which the oil being recycled is returned also
			 provides hydrocarbon feedstocks to the organic chemical manufacturing facility.
			 "Petrochemical recovered oil'' is oil that has been reclaimed from secondary
			 materials (i.e., sludges, byproducts, or spent materials, including wastewater)
			 from normal organic chemical manufacturing operations, as well as oil recovered
			 from organic chemical manufacturing processes.
(19) Spent caustic solutions from petroleum
			 refining liquid treating processes used as a feedstock to produce cresylic or
			 naphthenic acid unless the material is placed on the land, or accumulated
			 speculatively as defined in § 261.1(c).
(20) Hazardous secondary materials used to
			 make zinc fertilizers, provided that the following conditions specified are
			 satisfied:
(i) Hazardous secondary materials
			 used to make zinc micronutrient fertilizers must not be accumulated
			 speculatively, as defined in § 261.1(c)(8).
(ii) Generators and intermediate handlers of
			 zinc-bearing hazardous secondary materials that are to be incorporated into
			 zinc fertilizers must:
(A) Submit a one-time
			 notice to the Regional Administrator or State Director in whose jurisdiction
			 the exclusion is being claimed, which contains the name, address and EPA ID
			 number of the generator or intermediate handler facility, provides a brief
			 description of the secondary material that will be subject to the exclusion,
			 and identifies when the manufacturer intends to begin managing excluded,
			 zinc-bearing hazardous secondary materials under the conditions specified in
			 this paragraph (a)(20).
(B) Store
			 the excluded secondary material in tanks, containers, or buildings that are
			 constructed and maintained in a way that prevents releases of the secondary
			 materials into the environment. At a minimum, any building used for this
			 purpose must be an engineered structure made of non-earthen materials that
			 provide structural support, and must have a floor, walls and a roof that
			 prevent wind dispersal and contact with rainwater. Tanks used for this purpose
			 must be structurally sound and, if outdoors, must have roofs or covers that
			 prevent contact with wind and rain. Containers used for this purpose must be
			 kept closed except when it is necessary to add or remove material, and must be
			 in sound condition. Containers that are stored outdoors must be managed within
			 storage areas that:
(1) have containment
			 structures or systems sufficiently impervious to contain leaks, spills and
			 accumulated precipitation; and
(2)
			 provide for effective drainage and removal of leaks, spills and accumulated
			 precipitation; and
(3) prevent
			 run-on into the containment system.
(C) With each off-site shipment of excluded
			 hazardous secondary materials, provide written notice to the receiving facility
			 that the material is subject to the conditions of this paragraph
			 (a)(20).
(D) Maintain at the
			 generator's or intermediate handlers's facility for no less than three years
			 records of all shipments of excluded hazardous secondary materials. For each
			 shipment these records must at a minimum contain the following information:
(1) Name of the transporter and date of the
			 shipment;
(2) Name and address of
			 the facility that received the excluded material, and documentation confirming
			 receipt of the shipment; and
(3)
			 Type and quantity of excluded secondary material in each shipment.
(iii)  Manufacturers of
			 zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous
			 secondary materials must:
(A) Store excluded
			 hazardous secondary materials in accordance with the storage requirements for
			 generators and intermediate handlers, as specified in paragraph (a)(20)(ii)(B)
			 of this section.
(B) Submit a
			 one-time notification to the Director that, at a minimum, specifies the name,
			 address and EPA ID number of the manufacturing facility, and identifies when
			 the manufacturer intends to begin managing excluded, zinc-bearing hazardous
			 secondary materials under the conditions specified in this paragraph
			 (a)(20).
(C) Maintain for a minimum
			 of three years records of all shipments of excluded hazardous secondary
			 materials received by the manufacturer, which must at a minimum identify for
			 each shipment the name and address of the generating facility, name of
			 transporter and date the materials were received, the quantity received, and a
			 brief description of the industrial process that generated the
			 material.
(D) Submit to the
			 Director an annual report that identifies the total quantities of all excluded
			 hazardous secondary materials that were used to manufacture zinc fertilizers or
			 zinc fertilizer ingredients in the previous year, the name and address of each
			 generating facility, and the industrial process(s) from which they were
			 generated.
(iv) Nothing
			 in this section preempts, overrides or otherwise negates the provision in
			 § 262.11 of this rule, which requires any person who generates a solid
			 waste to determine if that waste is a hazardous waste.
(v) Interim status and permitted storage
			 units that have been used to store only zinc-bearing hazardous wastes prior to
			 the submission of the one-time notice described in paragraph (a)(20)(ii)(A) of
			 this section, and that afterward will be used only to store hazardous secondary
			 materials excluded under this paragraph, are not subject to the closure
			 requirements of Sections 264 and 265 of this rule.
(21) Zinc fertilizers made from hazardous
			 wastes, or hazardous secondary materials that are excluded under paragraph
			 (a)(20) of this section, provided that:
(i)
			 The fertilizers meet the following contaminant limits:
(A) For metal contaminants:
Constituent
Maximum Allowable Total Concentration in Fertilizer,
						  per Unit(1%) of Zinc (ppm)
Arsenic
0.3
Cadmium
1.4
Chromium
0.6
Lead
2.8
Mercury
0.3
(B)
			 For dioxin contaminants the fertilizer must contain no more than eight (8)
			 parts per trillion of dioxin, measured as toxic equivalent (TEQ).
(ii) The manufacturer performs
			 sampling and analysis of the fertilizer product to determine compliance with
			 the contaminant limits for metals no less than every six months, and for
			 dioxins no less than every twelve months. Testing must also be performed
			 whenever changes occur to manufacturing processes or ingredients that could
			 significantly affect the amounts of contaminants in the fertilizer product. The
			 manufacturer may use any reliable analytical method to demonstrate that no
			 constituent of concern is present in the product at concentrations above the
			 applicable limits. It is the responsibility of the manufacturer to ensure that
			 the sampling and analysis are unbiased, precise, and representative of the
			 product(s) introduced into commerce.
(iii) The manufacturer maintains for no less
			 than three years records of all sampling and analyses performed for purposes of
			 determining compliance with the requirements of paragraph (a)(21)(ii) of this
			 section. Such records must at a minimum include:
(A) The dates and times product samples were
			 taken, and the dates the samples were analyzed;
(B) The names and qualifications of the
			 person(s) taking the samples;
(C) A
			 description of the methods and equipment used to take the samples;
(D) The name and address of the laboratory
			 facility at which analyses of the samples were performed;
(E) A description of the analytical methods
			 used, including any cleanup and sample preparation methods; and
(F) All laboratory analytical results used to
			 determine compliance with the contaminant limits specified in this paragraph
			 (a)(21).
(22)
			 Used cathode ray tubes (CRTs)
(i) Used, intact
			 CRTs as defined in § 260.10 of this rule are not solid wastes within the
			 United States unless they are disposed, or unless they are speculatively
			 accumulated as defined in § 261.1(c)(8) by CRT collectors or glass
			 processors.
(ii) Used, intact CRTs
			 as defined in § 260.10 of this rule are not solid wastes when exported for
			 recycling provided that they meet the requirements of Sec. 261.40.
(iii) Used, broken CRTs as defined in §
			 260.10 of this rule are not solid wastes provided that they meet the
			 requirements of § 261.39.
(iv)
			 Glass removed from CRTs is not a solid waste provided that it meets the
			 requirements of § 261.39(c).
(23) Hazardous secondary material generated
			 and legitimately reclaimed within the United States or its territories and
			 under the control of the generator, provided that the material complies with
			 paragraphs (a)(23)(i) and (ii) of this section:
(i)
(A) The
			 hazardous secondary material is generated and reclaimed at the generating
			 facility (for purposes of this definition, generating facility means all
			 contiguous property owned, leased, or otherwise controlled by the hazardous
			 secondary material generator); or
(B) The hazardous secondary material is
			 generated and reclaimed at different facilities, if the reclaiming facility is
			 controlled by the generator or if both the generating facility and the
			 reclaiming facility are controlled by a person as defined in § 260.10 of
			 this rule, and if the generator provides one of the following certifications:
			 "on behalf of [insert generator facility name], I certify that this facility
			 will send the indicated hazardous secondary material to [insert reclaimer
			 facility name], which is controlled by [insert generator facility name] and
			 that [insert name of either facility] has acknowledged full responsibility for
			 the safe management of the hazardous secondary material," or "on behalf of
			 [insert generator facility name], I certify that this facility will send the
			 indicated hazardous secondary material to [insert reclaimer facility name],
			 that both facilities are under common control, and that [insert name of either
			 facility] has acknowledged full responsibility for the safe management of the
			 hazardous secondary material." For purposes of this paragraph, "control" means
			 the power to direct the policies of the facility, whether by the ownership of
			 stock, voting rights, or otherwise, except that contractors who operate
			 facilities on behalf of a different person as defined in § 260.10 shall
			 not be deemed to "control" such facilities. The generating and receiving
			 facilities must both maintain at their facilities for no less than three years
			 records of hazardous secondary materials sent or received under this exclusion.
			 In both cases, the records must contain the name of the transporter, the date
			 of the shipment, and the type and quantity of the hazardous secondary material
			 shipped or received under the exclusion. These requirements may be satisfied by
			 routine business records (e.g., financial records, bills of lading, copies of
			 DOT shipping papers, or electronic confirmations); or
(C) The hazardous secondary material is
			 generated pursuant to a written contract between a tolling contractor and a
			 toll manufacturer and is reclaimed by the tolling contractor, if the tolling
			 contractor certifies the following: "On behalf of [insert tolling contractor
			 name], I certify that [insert tolling contractor name] has a written contract
			 with [insert toll manufacturer name] to manufacture [insert name of product or
			 intermediate] which is made from specified unused materials, and that [insert
			 tolling contractor name] will reclaim the hazardous secondary materials
			 generated during this manufacture. On behalf of [insert tolling contractor
			 name], I also certify that [insert tolling contractor name] retains ownership
			 of, and responsibility for, the hazardous secondary materials that are
			 generated during the course of the manufacture, including any releases of
			 hazardous secondary materials that occur during the manufacturing process". The
			 tolling contractor must maintain at its facility for no less than three years
			 records of hazardous secondary materials received pursuant to its written
			 contract with the tolling manufacturer, and the tolling manufacturer must
			 maintain at its facility for no less than three years records of hazardous
			 secondary materials shipped pursuant to its written contract with the tolling
			 contractor. In both cases, the records must contain the name of the
			 transporter, the date of the shipment, and the type and quantity of the
			 hazardous secondary material shipped or received pursuant to the written
			 contract. These requirements may be satisfied by routine business records
			 (e.g., financial records, bills of lading, copies of DOT shipping papers, or
			 electronic confirmations). For purposes of this paragraph, tolling contractor
			 means a person who arranges for the production of a product or intermediate
			 made from specified unused materials through a written contract with a toll
			 manufacturer. Toll manufacturer means a person who produces a product or
			 intermediate made from specified unused materials pursuant to a written
			 contract with a tolling contractor.
(ii)
(A)
			 The hazardous secondary material is contained as defined in § 260.10 of
			 this rule. A hazardous secondary material released to the environment is
			 discarded and a solid waste unless it is immediately recovered for the purpose
			 of reclamation. Hazardous secondary material managed in a unit with leaks or
			 other continuing or intermittent unpermitted releases is discarded and a solid
			 waste.
(B) The hazardous secondary
			 material is not speculatively accumulated, as defined in §
			 261.1(c)(8).
(C) Notice is provided
			 as required by §260.42 of this rule.
(D) The material is not otherwise subject to
			 material-specific management conditions under paragraph (a) of this section
			 when reclaimed, and it is not a spent lead-acid battery (see § 266.80 and
			 § 273.2 of this rule).
(E)
			 Persons performing the recycling of hazardous secondary materials under this
			 exclusion must maintain documentation of their legitimacy determination
			 on-site. Documentation must be a written description of how the recycling meets
			 all four factors in § 260.43(a). Documentation must be maintained for
			 three years after the recycling operation has ceased.
(F) The emergency preparedness and response
			 requirements found in subsection M of this Section are met.
(24) Hazardous
			 secondary material that is generated and then transferred to a verified
			 reclamation facility for the purpose of reclamation is not a solid waste,
			 provided that:
(i) The material is not
			 speculatively accumulated, as defined in § 261.1(c)(8);
(ii) The material is not handled by any
			 person or facility other than the hazardous secondary material generator, the
			 transporter, an intermediate facility or a reclaimer, and, while in transport,
			 is not stored for more than 10 days at a transfer facility, as defined in
			 §260.10 of this rule, and is packaged according to applicable Department
			 of Transportation regulations at 49 CFR parts 173, 178, and 179 while in
			 transport;
(iii) The material is
			 not otherwise subject to material-specific management conditions under this
			 paragraph (a) when reclaimed, and it is not a spent lead-acid battery (see
			 §§ 266.80 and 273.2 of this rule);
(iv) The reclamation of the material is
			 legitimate, as specified under § 260.43 of this rule;
(v) The hazardous secondary material
			 generator satisfies all of the following conditions:
(A) The material must be contained as defined
			 in § 260.10. A hazardous secondary material released to the environment is
			 discarded and a solid waste unless it is immediately recovered for the purpose
			 of recycling. Hazardous secondary material managed in a unit with leaks or
			 other continuing releases is discarded and a solid waste.
(B) Prior to arranging for transport of
			 hazardous secondary materials to a reclamation facility (or facilities) where
			 the management of the hazardous secondary materials is not addressed under a
			 RCRA Part B permit or interim status standards, the hazardous secondary
			 material generator must make reasonable efforts to ensure that each reclaimer
			 intends to properly and legitimately reclaim the hazardous secondary material
			 and not discard it, and that each reclaimer will manage the hazardous secondary
			 material in a manner that is protective of human health and the environment. If
			 the hazardous secondary material will be passing through an intermediate
			 facility where the management of the hazardous secondary materials is not
			 addressed under a RCRA Part B permit or interim status standards, the hazardous
			 secondary material generator must make contractual arrangements with the
			 intermediate facility to ensure that the hazardous secondary material is sent
			 to the reclamation facility identified by the hazardous secondary material
			 generator, and the hazardous secondary material generator must perform
			 reasonable efforts to ensure that the intermediate facility will manage the
			 hazardous secondary material in a manner that is protective of human health and
			 the environment. Reasonable efforts must be repeated at a minimum of every
			 three years for the hazardous secondary material generator to claim the
			 exclusion and to send the hazardous secondary materials to each reclaimer and
			 any intermediate facility. In making these reasonable efforts, the generator
			 may use any credible evidence available, including information gathered by the
			 hazardous secondary material generator, provided by the reclaimer or
			 intermediate facility, and/or provided by a third party. The hazardous
			 secondary material generator must affirmatively answer all of the following
			 questions for each reclamation facility and any intermediate facility:
(1) Does the available information indicate
			 that the reclamation process is legitimate pursuant to §260.43 of this
			 chapter? In answering this question, the hazardous secondary material generator
			 can rely on their existing knowledge of the physical and chemical properties of
			 the hazardous secondary material, as well as information from other sources
			 (e.g., the reclamation facility, audit reports, etc.) about the reclamation
			 process.
(2) Does the publicly
			 available information indicate that the reclamation facility and any
			 intermediate facility that is used by the hazardous secondary material
			 generator notified the appropriate authorities of hazardous secondary materials
			 reclamation activities pursuant to §260.42 of this rule and have they
			 notified the appropriate authorities that the financial assurance condition is
			 satisfied per paragraph (a)(24)(vi)(F) of this section? In answering these
			 questions, the hazardous secondary material generator can rely on the available
			 information documenting the reclamation facility's and any intermediate
			 facility's compliance with the notification requirements per §260.42 of
			 this rule, including the requirement in §260.42(a)(5) to notify DEQ
			 whether the reclaimer or intermediate facility has financial
			 assurance.
(3) Does publicly
			 available information indicate that the reclamation facility or any
			 intermediate facility that is used by the hazardous secondary material
			 generator has not had any formal enforcement actions taken against the facility
			 in the previous three years for violations of the RCRA hazardous waste rules
			 and has not been classified as a significant non-complier with RCRA Subtitle C?
			 In answering this question, the hazardous secondary material generator can rely
			 on the publicly available information from EPA or the state. If the reclamation
			 facility or any intermediate facility that is used by the hazardous secondary
			 material generator has had a formal enforcement action taken against the
			 facility in the previous three years for violations of the RCRA hazardous waste
			 rules and has been classified as a significant non-complier with RCRA Subtitle
			 C, does the hazardous secondary material generator have credible evidence that
			 the facilities will manage the hazardous secondary materials properly? In
			 answering this question, the hazardous secondary material generator can obtain
			 additional information from EPA, the state, or the facility itself that the
			 facility has addressed the violations, taken remedial steps to address the
			 violations and prevent future violations, or that the violations are not
			 relevant to the proper management of the hazardous secondary
			 materials.
(4) Does the available
			 information indicate that the reclamation facility and any intermediate
			 facility that is used by the hazardous secondary material generator have the
			 equipment and trained personnel to safely recycle the hazardous secondary
			 material? In answering this question, the generator may rely on a description
			 by the reclamation facility or by an independent third party of the equipment
			 and trained personnel to be used to recycle the generator's hazardous secondary
			 material.
(5) If residuals are
			 generated from the reclamation of the excluded hazardous secondary materials,
			 does the reclamation facility have the permits required (if any) to manage the
			 residuals? If not, does the reclamation facility have a contract with an
			 appropriately permitted facility to dispose of the residuals? If not, does the
			 hazardous secondary material generator have credible evidence that the
			 residuals will be managed in a manner that is protective of human health and
			 the environment? In answering these questions, the hazardous secondary material
			 generator can rely on publicly available information from EPA or the state, or
			 information provided by the facility itself.
(C) The hazardous secondary material
			 generator must maintain for a minimum of three years documentation and
			 certification that reasonable efforts were made for each reclamation facility
			 and, if applicable, intermediate facility where the management of the hazardous
			 secondary materials is not addressed under a RCRA Part B permit or interim
			 status standards prior to transferring hazardous secondary material.
			 Documentation and certification must be made available upon request by a
			 regulatory authority within 72 hours, or within a longer period of time as
			 specified by the regulatory authority. The certification statement must:
(1) Include the printed name and official
			 title of an authorized representative of the hazardous secondary material
			 generator company, the authorized representative's signature, and the date
			 signed;
(2) Incorporate the
			 following language: "I hereby certify in good faith and to the best of my
			 knowledge that, prior to arranging for transport of excluded hazardous
			 secondary materials to [insert name(s) of reclamation facility and any
			 intermediate facility], reasonable efforts were made in accordance with
			 §261.4(a)(24)(v)(B) to ensure that the hazardous secondary materials would
			 be recycled legitimately, and otherwise managed in a manner that is protective
			 of human health and the environment, and that such efforts were based on
			 current and accurate information."
(3) The type and quantity of hazardous
			 secondary material in the shipment.
(D) The hazardous secondary material
			 generator must maintain at the generating facility for no less than three (3)
			 years records of all off-site shipments of hazardous secondary materials. For
			 each shipment, these records must, at a minimum, contain the following
			 information:
(1) Name of the transporter and
			 date of the shipment;
(2) Name and
			 address of each reclaimer and, if applicable, the name and address of each
			 intermediate facility to which the hazardous secondary material was
			 sent;
(3) The type and quantity of
			 hazardous secondary material in the shipment.
(E) The hazardous secondary material
			 generator must maintain at the generating facility for no less than three (3)
			 years confirmations of receipt from each reclaimer and, if applicable, each
			 intermediate facility for all off-site shipments of hazardous secondary
			 materials. Confirmations of receipt must include the name and address of the
			 reclaimer (or intermediate facility), the type and quantity of the hazardous
			 secondary materials received and the date which the hazardous secondary
			 materials were received. This requirement may be satisfied by routine business
			 records (e.g., financial records, bills of lading, copies of DOT shipping
			 papers, or electronic confirmations of receipt);
(F) The hazardous secondary material
			 generator must comply with the emergency preparedness and response conditions
			 in subsection M of this section.
(vi) Reclaimers of hazardous secondary
			 material excluded from regulation under this exclusion and intermediate
			 facilities as defined in §260.10 of this rule satisfy all of the following
			 conditions:
(A) The reclaimer and intermediate
			 facility must maintain at its facility for no less than three (3) years records
			 of all shipments of hazardous secondary material that were received at the
			 facility and, if applicable, for all shipments of hazardous secondary materials
			 that were received and subsequently sent off-site from the facility for further
			 reclamation. For each shipment, these records must at a minimum contain the
			 following information:
(1) Name of the
			 transporter and date of the shipment;
(2) Name and address of the hazardous
			 secondary material generator and, if applicable, the name and address of the
			 reclaimer or intermediate facility which the hazardous secondary materials were
			 received from;
(3) The type and
			 quantity of hazardous secondary material in the shipment; and
(4) For hazardous secondary materials that,
			 after being received by the reclaimer or intermediate facility, were
			 subsequently transferred off-site for further reclamation, the name and address
			 of the (subsequent) reclaimer and, if applicable, the name and address of each
			 intermediate facility to which the hazardous secondary material was
			 sent.
(B) The
			 intermediate facility must send the hazardous secondary material to the
			 reclaimer(s) designated by the hazardous secondary materials
			 generator.
(C) The reclaimer and
			 intermediate facility must send to the hazardous secondary material generator
			 confirmations of receipt for all off-site shipments of hazardous secondary
			 materials. Confirmations of receipt must include the name and address of the
			 reclaimer (or intermediate facility), the type and quantity of the hazardous
			 secondary materials received and the date which the hazardous secondary
			 materials were received. This requirement may be satisfied by routine business
			 records (e.g., financial records, bills of lading, copies of DOT shipping
			 papers, or electronic confirmations of receipt).
(D) The reclaimer and intermediate facility
			 must manage the hazardous secondary material in a manner that is at least as
			 protective as that employed for analogous raw material and must be contained.
			 An "analogous raw material" is a raw material for which a hazardous secondary
			 material is a substitute and serves the same function and has similar physical
			 and chemical properties as the hazardous secondary material.
(E) Any residuals that are generated from
			 reclamation processes will be managed in a manner that is protective of human
			 health and the environment. If any residuals exhibit a hazardous characteristic
			 according to Subsection C of APC&EC Rule No. 23 Section 261, or if they
			 themselves are specifically listed in Subsection D of APC&EC Rule No. 23
			 Section 261, such residuals are hazardous wastes and must be managed in
			 accordance with the applicable requirements of APC&EC Rule No. 23 Sections
			 260 through 272.
(F) The reclaimer
			 and intermediate facility have financial assurance as required under Subsection
			 H of APC&EC Rule No. 23 Section 261.
(vii) In addition, all persons claiming the
			 exclusion under this paragraph (a)(24) of this section provide notification as
			 required under § 260.42 of this rule.
(25) Hazardous secondary material that is
			 exported from the United States and reclaimed at a reclamation facility located
			 in a foreign country is not a solid waste, provided that the hazardous
			 secondary material generator complies with the applicable requirements of
			 paragraph (a)(24)(i)-(v) of this section (excepting paragraph (a)(24)(v)(B)(2)
			 of this section for foreign reclaimers and foreign intermediate facilities),
			 and that the hazardous secondary material generator also complies with the
			 following requirements:
(i) Notify EPA of an
			 intended export before the hazardous secondary material is scheduled to leave
			 the United States. A complete notification must be submitted at least sixty
			 (60) days before the initial shipment is intended to be shipped off-site. This
			 notification may cover export activities extending over a twelve (12) month or
			 lesser period. The notification must be in writing, signed by the hazardous
			 secondary material generator, and include the following information:
(A) Name, mailing address, telephone number
			 and EPA ID number (if applicable) of the hazardous secondary material
			 generator;
(B) A description of the
			 hazardous secondary material and the EPA hazardous waste number that would
			 apply if the hazardous secondary material was managed as hazardous waste and
			 the U.S. DOT proper shipping name, hazard class and ID number (UN/NA) for each
			 hazardous secondary material as identified in 49 CFR parts 171 through
			 177;
(C) The estimated frequency or
			 rate at which the hazardous secondary material is to be exported and the period
			 of time over which the hazardous secondary material is to be
			 exported;
(D) The estimated total
			 quantity of hazardous secondary material;
(E) All points of entry to and departure from
			 each foreign country through which the hazardous secondary material will
			 pass;
(F) A description of the
			 means by which each shipment of the hazardous secondary material will be
			 transported (e.g., mode of transportation vehicle (air, highway, rail, water,
			 etc.), type(s) of container (drums, boxes, tanks, etc.));
(G) A description of the manner in which the
			 hazardous secondary material will be reclaimed in the country of
			 import;
(H) The name and address of
			 the reclaimer, any intermediate facility and any alternate reclaimer and
			 intermediate facilities; and
(I)
			 The name of any countries of transit through which the hazardous secondary
			 material will be sent and a description of the approximate length of time it
			 will remain in such countries and the nature of its handling while there (for
			 purposes of this section, the terms "EPA Acknowledgement of Consent", "country
			 of import" and "country of transit" are used as defined in
			 40
			 CFR 262.81 with the exception that the terms
			 in this section refer to hazardous secondary materials, rather than hazardous
			 waste):
(ii)
			 Notifications must be submitted electronically using EPA's Waste Import Export
			 Tracking System (WIETS), or its successor system.
(iii) Except for changes to the telephone
			 number in paragraph (a)(25)(i)(A) of this section and decreases in the quantity
			 of hazardous secondary material indicated pursuant to paragraph (a)(25)(i)(D)
			 of this section, when the conditions specified on the original notification
			 change (including any exceedance of the estimate of the quantity of hazardous
			 secondary material specified in the original notification), the hazardous
			 secondary material generator must provide EPA with a written renotification of
			 the change. The shipment cannot take place until consent of the country of
			 import to the changes (except for changes to paragraph (a)(25)(i)(I) of this
			 section and in the ports of entry to and departure from countries of transit
			 pursuant to paragraphs (a)(25)(i)(E) of this section) has been obtained and the
			 hazardous secondary material generator receives from EPA an EPA Acknowledgment
			 of Consent reflecting the country of import's consent to the changes.
(iv) Upon request by EPA, the hazardous
			 secondary material generator shall furnish to EPA any additional information
			 which a country of import requests in order to respond to a
			 notification.
(v) EPA will provide
			 a complete notification to the country of import and any countries of transit.
			 A notification is complete when EPA receives a notification which EPA
			 determines satisfies the requirements of paragraph (a)(25)(i) of this section.
			 Where a claim of confidentiality is asserted with respect to any notification
			 information required by paragraph (a)(25)(i) of this section, EPA may find the
			 notification not complete until any such claim is resolved in accordance with
			 40 CFR
			 260.2.
(vi) The export of hazardous secondary
			 material under this paragraph (a)(25) is prohibited unless the country of
			 import consents to the intended export. When the country of import consents in
			 writing to the receipt of the hazardous secondary material, EPA will send an
			 EPA Acknowledgment of Consent to the hazardous secondary material generator.
			 Where the country of import objects to receipt of the hazardous secondary
			 material or withdraws a prior consent, EPA will notify the hazardous secondary
			 material generator in writing. EPA will also notify the hazardous secondary
			 material generator of any responses from countries of transit.
(vii) For exports to OECD Member countries,
			 the receiving country may respond to the notification using tacit consent. If
			 no objection has been lodged by any country of import or countries of transit
			 to a notification provided pursuant to paragraph (a)(25)(i) of this section
			 within thirty (30) days after the date of issuance of the acknowledgement of
			 receipt of notification by the competent authority of the country of import,
			 the transboundary movement may commence. In such cases, EPA will send an EPA
			 Acknowledgment of Consent to inform the hazardous secondary material generator
			 that the country of import and any relevant countries of transit have not
			 objected to the shipment, and are thus presumed to have consented tacitly.
			 Tacit consent expires one (1) calendar year after the close of the thirty (30)
			 day period; renotification and renewal of all consents is required for exports
			 after that date.
(viii) A copy of
			 the EPA Acknowledgment of Consent must accompany the shipment. The shipment
			 must conform to the terms of the EPA Acknowledgment of Consent.
(ix) If a shipment cannot be delivered for
			 any reason to the reclaimer, intermediate facility or the alternate reclaimer
			 or alternate intermediate facility, the hazardous secondary material generator
			 must re-notify EPA of a change in the conditions of the original notification
			 to allow shipment to a new reclaimer in accordance with paragraph (iii) of this
			 section and obtain another EPA Acknowledgment of Consent.
(x) Hazardous secondary material generators
			 must keep a copy of each notification of intent to export and each EPA
			 Acknowledgment of Consent for a period of three years following receipt of the
			 EPA Acknowledgment of Consent. They may satisfy this recordkeeping requirement
			 by retaining electronically submitted notifications or electronically generated
			 Acknowledgements in their account on EPA's Waste Import Export Tracking System
			 (WIETS), or its successor system, provided that such copies are readily
			 available for viewing and production if requested by any EPA or authorized
			 state inspector. No hazardous secondary material generator may be held liable
			 for the inability to produce a notification or Acknowledgement for inspection
			 under this section if they can demonstrate that the inability to produce such
			 copies are due exclusively to technical difficulty with EPA's Waste Import
			 Export Tracking System (WIETS), or its successor system for which the hazardous
			 secondary material generator bears no responsibility.
(xi) Hazardous secondary material generators
			 must file with the Administrator no later than March 1 of each year, a report
			 summarizing the types, quantities, frequency and ultimate destination of all
			 hazardous secondary materials exported during the previous calendar year.
			 Annual reports must be submitted electronically using EPA's Waste Import Export
			 Tracking System (WIETS), or its successor system. Such reports must include the
			 following information:
(A) Name, mailing and
			 site address, and EPA ID number (if applicable) of the hazardous secondary
			 material generator;
(B) The
			 calendar year covered by the report;
(C) The name and site address of each
			 reclaimer and intermediate facility;
(D) By reclaimer and intermediate facility,
			 for each hazardous secondary material exported, a description of the hazardous
			 secondary material and the EPA hazardous waste number that would apply if the
			 hazardous secondary material was managed as hazardous waste, the DOT hazard
			 class, the name and U.S. EPA ID number (where applicable) for each transporter
			 used, the total amount of hazardous secondary material shipped and the number
			 of shipments pursuant to each notification;
(E) A certification signed by the hazardous
			 secondary material generator which states: "I certify under penalty of law that
			 I have personally examined and am familiar with the information submitted in
			 this and all attached documents, and that based on my inquiry of those
			 individuals immediately responsible for obtaining the information, I believe
			 that the submitted information is true, accurate, and complete. I am aware that
			 there are significant penalties for submitting false information including the
			 possibility of fine and imprisonment."
(xii) All persons claiming an exclusion under
			 this paragraph (a)(25) must provide notification as required by §260.42 of
			 this rule.
(26)
			 "Solvent-contaminated wipes that are sent for cleaning and reuse are not solid
			 wastes from the point of generation, provided that
(i) The solvent-contaminated wipes, when
			 accumulated, stored, and transported, are contained in non-leaking, closed
			 containers that are labeled "Excluded Solvent-Contaminated Wipes." The
			 containers must be able to contain free liquids, should free liquids occur.
			 During accumulation, a container is considered closed when there is complete
			 contact between the fitted lid and the rim, except when it is necessary to add
			 or remove solvent-contaminated wipes. When the container is full, or when the
			 solvent-contaminated wipes are no longer being accumulated, or when the
			 container is being transported, the container must be sealed with all lids
			 properly and securely affixed to the container and all openings tightly bound
			 or closed sufficiently to prevent leaks and emissions;
(ii) The solvent-contaminated wipes may be
			 accumulated by the generator for up to 180 days from the start date of
			 accumulation for each container prior to being sent for cleaning;
(iii) At the point of being sent for cleaning
			 on-site or at the point of being transported off-site for cleaning, the
			 solvent-contaminated wipes must contain no free liquids as defined in §
			 260.10;
(iv) Free liquids removed
			 from the solvent-contaminated wipes or from the container holding the wipes
			 must be managed according to the applicable rules found in Rule 23 §§
			 260 through 273;
(v) Generators
			 must maintain at their site the following documentation:
(A) Name and address of the laundry or dry
			 cleaner that is receiving the solvent-contaminated wipes;
(B) Documentation that the 180-day
			 accumulation time limit in Rule 23 § 261.4(a)(26)(ii) is being
			 met;
(C) Description of the process
			 the generator is using to ensure the solvent-contaminated wipes contain no free
			 liquids at the point of being laundered or dry cleaned on-site or at the point
			 of being transported off-site for laundering or dry cleaning;
(vi) The solvent-contaminated
			 wipes are sent to a laundry or dry cleaner whose discharge, if any, is
			 regulated under §§ 301 and 402 or section 307 of the Clean Water
			 Act."
(27) Hazardous
			 secondary material that is generated and then transferred to another person for
			 the purpose of remanufacturing is not a solid waste, provided that:
(i) The hazardous secondary material consists
			 of one or more of the following spent solvents: toluene, xylenes, ethylbenzene,
			 1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl
			 ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl
			 isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol,
			 ethanol, and/or methanol;
(ii) The
			 hazardous secondary material originated from using one or more of the solvents
			 listed in paragraph (a)(27)(i) of this section in a commercial grade for
			 reacting, extracting, purifying, or blending chemicals (or for rinsing out the
			 process lines associated with these functions) in the pharmaceutical
			 manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS
			 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints
			 and coatings manufacturing sectors (NAICS 325510).
(iii) The hazardous secondary material
			 generator sends the hazardous secondary material spent solvents listed in
			 paragraph (a)(27)(i) of this section to a remanufacturer in the pharmaceutical
			 manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS
			 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints
			 and coatings manufacturing sectors (NAICS 325510).
(iv) After remanufacturing one or more of the
			 solvents listed in paragraph (a)(27)(i) of this section, the use of the
			 remanufactured solvent shall be limited to reacting, extracting, purifying, or
			 blending chemicals (or for rinsing out the process lines associated with these
			 functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic
			 chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS
			 325211), and the paints and coatings manufacturing sectors (NAICS 325510) or to
			 using them as ingredients in a product. These allowed uses correspond to
			 chemical functional uses enumerated under the Chemical Data Reporting Rule of
			 the Toxic Substances Control Act (40 CFR parts 704, 710-711), including
			 Industrial Function Codes U015 (solvents consumed in a reaction to produce
			 other chemicals) and U030 (solvents become part of the mixture);
(v) After remanufacturing one or more of the
			 solvents listed in paragraph (a)(27)(i) of this section, the use of the
			 remanufactured solvent does not involve cleaning or degreasing oil, grease, or
			 similar material from textiles, glassware, metal surfaces, or other articles.
			 (These disallowed continuing uses correspond to chemical functional uses in
			 Industrial Function Code U029 under the Chemical Data Reporting Rule of the
			 Toxics Substances Control Act.); and
(vi) Both the hazardous secondary material
			 generator and the remanufacturer must:
(A)
			 Notify EPA or the State Director, if the state is authorized for the program,
			 and update the notification every two years per § 260.42;
(B) Develop and maintain an up-to-date
			 remanufacturing plan which identifies:
(1) The
			 name, address and EPA ID number of the generator(s) and the
			 remanufacturer(s),
(2) The types
			 and estimated annual volumes of spent solvents to be remanufactured,
(3) The processes and industry sectors that
			 generate the spent solvents,
(4)
			 The specific uses and industry sectors for the remanufactured solvents,
			 and
(5) A certification from the
			 remanufacturer stating "on behalf of [insert remanufacturer facility name], I
			 certify that this facility is a remanufacturer under pharmaceutical
			 manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS
			 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints
			 and coatings manufacturing sectors (NAICS 325510), and will accept the spent
			 solvent(s) for the sole purpose of remanufacturing into commercial-grade
			 solvent(s) that will be used for reacting, extracting, purifying, or blending
			 chemicals (or for rinsing out the process lines associated with these
			 functions) or for use as product ingredient(s). I also certify that the
			 remanufacturing equipment, vents, and tanks are equipped with and are operating
			 air emission controls in compliance with the appropriate Clean Air Act
			 regulations under 40 CFR part 60, part 61 or part 63, or, absent such Clean Air
			 Act standards for the particular operation or piece of equipment covered by the
			 remanufacturing exclusion, are in compliance with the appropriate standards in
			 APC&EC Rule No. 23 Section 261, Subsections AA (vents), BB (equipment) and
			 CC (tank storage),";
(C)
			 Maintain records of shipments and confirmations of receipts for a period of
			 three years from the dates of the shipments;
(D) Prior to remanufacturing, store the
			 hazardous spent solvents in tanks or containers that meet technical standards
			 found in Subsections I and J of APC&EC Rule No. 23 Section 261, with the
			 tanks and containers being labeled or otherwise having an immediately available
			 record of the material being stored;
(E) During remanufacturing, and during
			 storage of the hazardous secondary materials prior to remanufacturing, the
			 remanufacturer certifies that the remanufacturing equipment, vents, and tanks
			 are equipped with and are operating air emission controls in compliance with
			 the appropriate Clean Air Act regulations under 40 CFR part 60, part 61 or part
			 63; or, absent such Clean Air Act standards for the particular operation or
			 piece of equipment covered by the remanufacturing exclusion, are in compliance
			 with the appropriate standards in APC&EC Rule No. 23 Section 261
			 Subsections AA (vents), BB (equipment) and CC (tank storage); and
(F) Meet the requirements prohibiting
			 speculative accumulation per § 261.1(c)(8).
(b) Solid
			 wastes which are not hazardous wastes. The following solid wastes are not
			 hazardous wastes:
(1) Household waste,
			 including household waste that has been collected, transported, stored,
			 treated, disposed, recovered (e.g., refuse-derived fuel) or reused. "Household
			 waste" means any material (including garbage, trash and sanitary wastes in
			 septic tanks) derived from households (including single and multiple
			 residences, hotels and motels, bunkhouses, ranger stations, crew quarters,
			 campgrounds, picnic grounds and day-use recreation areas). A resource recovery
			 facility managing municipal solid waste shall not be deemed to be treating,
			 storing, disposing of, or otherwise managing hazardous wastes for the purposes
			 of regulation under this subtitle, if such facility:
(i) Receives and burns only
(A) Household waste (from single and multiple
			 dwellings, hotels, motels, and other residential sources) and
(B) Solid waste from commercial or industrial
			 sources that does not contain hazardous waste; and
(ii) Such facility does not accept hazardous
			 wastes and the owner or operator of such facility has established contractual
			 requirements or other appropriate notification or inspection procedures to
			 assure that hazardous wastes are not received at or burned in such
			 facility.
(2) Solid
			 wastes generated by any of the following and which are returned to the soils as
			 fertilizers:
(i) The growing and harvesting
			 of agricultural crops.
(ii) The
			 raising of animals, including animal manures.
(3) Mining overburden returned to the mine
			 site.
(4)
(i) Fly ash waste, bottom ash waste, slag
			 waste, and flue gas emission control waste, generated primarily from the
			 combustion of coal or other fossil fuels, except as provided by § 266.112
			 of this rule for facilities that burn or process hazardous waste.
(ii) The following wastes generated primarily
			 from processes that support the combustion of coal or other fossil fuels that
			 are co-disposed with the wastes in paragraph (b)(4)(i) of this section, except
			 as provided by § 266.112 of this rule for facilities that burn or process
			 hazardous waste:
(A) Coal pile run-off. For
			 purposes of paragraph (b)(4) of this section, coal pile runoff means any
			 precipitation that drains off coal piles.
(B) Boiler cleaning solutions. For purposes
			 of paragraph (b)(4) of this section, boiler cleaning solutions means water
			 solutions and chemical solutions used to clean the fire-side and water-side of
			 the boiler.
(C) Boiler blowdown.
			 For purposes of paragraph (b)(4) of this section, boiler blowdown means water
			 purged from boilers used to generate steam.
(D) Process water treatment and demineralizer
			 regeneration wastes. For purposes of paragraph (b)(4) of this section, process
			 water treatment and demineralizer regeneration wastes means sludges, rinses,
			 and spent resins generated from processes to remove dissolved gases, suspended
			 solids, and dissolved chemical salts from combustion system process
			 water.
(E) Cooling tower blowdown.
			 For purposes of paragraph (b)(4) of this section, cooling tower blowdown means
			 water purged from a closed cycle cooling system. Closed cycle cooling systems
			 include cooling towers, cooling ponds, or spray canals.
(F) Air heater and precipitator washes. For
			 purposes of paragraph (b)(4) of this section, air heater and precipitator
			 washes means wastes from cleaning air preheaters and electrostatic
			 precipitators.
(G) Effluents from
			 floor and yard drains and sumps. For purposes of paragraph (b)(4) of this
			 section, effluents from floor and yard drains and sumps means wastewaters, such
			 as wash water, collected by or from floor drains, equipment drains, and sumps
			 located inside the power plant building; and wastewaters, such as rain runoff,
			 collected by yard drains and sumps located outside the power plant
			 building.
(H) Wastewater treatment
			 sludges. For purposes of paragraph (b)(4) of this section, wastewater treatment
			 sludges refers to sludges generated from the treatment of wastewaters specified
			 in paragraphs (b)(4)(ii)(A) through (F) of this section.
(5) Drilling fluids, produced
			 waters, and other wastes associated with the exploration, development, or
			 production of crude oil, natural //gas or geothermal energy.
(6)
(i)
			 Wastes which fail the test for the Toxicity Characteristic because chromium is
			 present or are listed in subsection D due to the presence of chromium, which do
			 not fail the test for the Toxicity Characteristic for any other constituent or
			 are not listed due to the presence of any other constituent, and which do not
			 fail the test for any other characteristic, if it is shown by a waste generator
			 or by waste generators that:
(A) The chromium
			 in the waste is exclusively (or nearly exclusively) trivalent chromium;
			 and
(B) The waste is generated from
			 an industrial process which uses trivalent chromium exclusively (or nearly
			 exclusively) and the process does not generate hexavalent chromium;
			 and
(C) The waste is typically and
			 frequently managed in non-oxidizing environments.
(ii) Specific wastes which meet the standard
			 in paragraphs (b)(6)(i) (A), (B), and (C) (so long as they do not fail the test
			 for the toxicity characteristic for any other constituent, and do not exhibit
			 any other characteristic) are:
(A) Chrome
			 (blue) trimmings generated by the following subcategories of the leather
			 tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair
			 save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
			 through-the-blue; and shearling.
(B) Chrome (blue) shavings generated by the
			 following subcategories of the leather tanning and finishing industry: Hair
			 pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
			 retan/wet finish; no beamhouse; through-the-blue; and shearling.
(C) Buffing dust generated by the following
			 subcategories of the leather tanning and finishing industry; hair pulp/chrome
			 tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish;
			 no beamhouse; through-the-blue.
(D)
			 Sewer screenings generated by the following subcategories of the leather
			 tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair
			 save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
			 through-the-blue; and shearling.
(E) Wastewater treatment sludges generated by
			 the following subcategories of the leather tanning and finishing industry: Hair
			 pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
			 retan/wet finish; no beamhouse; through-the-blue; and shearling.
(F) Wastewater treatment sludges generated by
			 the following subcategories of the leather tanning and finishing industry: Hair
			 pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and
			 through-the-blue.
(G) Waste scrap
			 leather from the leather tanning industry, the shoe manufacturing industry, and
			 other leather product manufacturing industries.
(H) Wastewater treatment sludges from the
			 production of TiO pigment using 2 chromium-bearing ores by the chloride
			 process.
(7)
			 Solid waste from the extraction, beneficiation, and processing of ores and
			 minerals (including coal, phosphate rock, and overburden from the mining of
			 uranium ore), except as provided by §266.112 of this rule for facilities
			 that burn or process hazardous waste.
(i) For
			 purposes of § 261.4(b)(7), beneficiation of ores and minerals is
			 restricted to the following activities; crushing; grinding; washing;
			 dissolution; crystallization; filtration; sorting; sizing; drying; sintering;
			 pelletizing; briquetting; calcining to remove water and/or carbon dioxide;
			 roasting, autoclaving, and/or chlorination in preparation for leaching (except
			 where the roasting (and/or autoclaving and/or chlorination) /leaching sequence
			 produces a final or intermediate product that does not undergo further
			 beneficiation or processing); gravity concentration; magnetic separation;
			 electrostatic separation; flotation; ion exchange; solvent extraction;
			 electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in
			 situ leaching.
(ii) For the
			 purposes of §261.4(b)(7), solid waste from the processing of ores and
			 minerals includes only the following wastes as generated:
(A) Slag from primary copper
			 processing;
(B) Slag from primary
			 lead processing;
(C) Red and brown
			 muds from bauxite refining;
(D)
			 Phosphogypsum from phosphoric acid production;
(E) Slag from elemental phosphorus
			 production;
(F) Gasifier ash from
			 coal gasification;
(G) Process
			 wastewater from coal gasification;
(H) Calcium sulfate wastewater treatment
			 plant sludge from primary copper processing;
(I) Slag tailings from primary copper
			 processing;
(J) Fluorogypsum from
			 hydrofluoric acid production;
(K)
			 Process wastewater from hydrofluoric acid production;
(L) Air pollution control dust/sludge from
			 iron blast furnaces;
(M) Iron blast
			 furnace slag;
(N) Treated residue
			 from roasting/leaching of chrome ore;
(O) Process wastewater from primary magnesium
			 processing by the anhydrous process;
(P) Process wastewater from phosphoric acid
			 production;
(Q) Basic oxygen
			 furnace and open hearth furnace air pollution control dust/sludge from carbon
			 steel production;
(R) Basic oxygen
			 furnace and open hearth furnace slag from carbon steel production;
(S) Chloride process waste solids from
			 titanium tetrachloride production;
(T) Slag from primary zinc
			 processing.
(iii) A
			 residue derived from co-processing mineral processing secondary materials with
			 normal beneficiation raw materials or with normal mineral processing raw
			 materials remains excluded under paragraph (b) of this section if the owner or
			 operator:
(A) Processes at least 50 percent by
			 weight normal beneficiation raw materials or normal mineral processing raw
			 materials; and,
(B) Legitimately
			 reclaims the secondary mineral processing materials.
(8) Cement kiln dust waste, except
			 as provided by § 266.112 of this rule for facilities that burn or process
			 hazardous waste.
(9) Solid waste
			 which consists of discarded arsenical-treated wood or wood products which fails
			 the test for the Toxicity Characteristic for Hazardous Waste Codes D004 through
			 D017 and which is not a hazardous waste for any other reason if the waste is
			 generated by persons who utilize the arsenical-treated wood and wood products
			 for these materials' intended end use.
(10) Petroleum-contaminated media and debris
			 that fail the test for the Toxicity Characteristic of § 261.24 (Hazardous
			 Waste Codes D018 through D043 only) and are subject to the corrective action
			 regulations under 40 CFR 280.
(11)
			 Injected groundwater that is hazardous only because it exhibits the Toxicity
			 Characteristic (Hazardous Waste Codes D018 through D043 only) in § 261.24
			 of this section that is reinjected through an underground injection well
			 pursuant to free phase hydrocarbon recovery operations undertaken at petroleum
			 refineries, petroleum marketing terminals, petroleum bulk plants, petroleum
			 pipelines, and petroleum transportation spill sites until January 25, 1993.
			 This extension applies to recovery operations in existence, or for which
			 contracts have been issued, on or before March 25, 1991. For groundwater
			 returned through infiltration galleries from such operations at petroleum
			 refineries, marketing terminals, and bulk plants, until October 2, 1991. New
			 operations involving injection wells (beginning after March 25, 1991) will
			 qualify for this compliance date extension (until January 25, 1993) only if:
(i) Operations are performed pursuant to a
			 written state agreement that includes a provision to assess the groundwater and
			 the need for further remediation once the free phase recovery is completed;
			 and
(ii) A copy of the written
			 agreement has been submitted to: Characteristics Section (OS-333), U.S.
			 Environmental Protection Agency, 401 M Street, SW., Washington, DC
			 20460.
(12) Used
			 chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment,
			 including mobile air conditioning systems, mobile refrigeration, and commercial
			 and industrial air conditioning and refrigeration systems that use
			 chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle,
			 provided the refrigerant is reclaimed for further use.
(13) Non-terne plated used oil filters that
			 are not mixed with wastes listed in subsection D of this section if these oil
			 filters have been gravity hot-drained using one of the following methods:
(i) Puncturing the filter anti-drain back
			 valve or the filter dome end and hot-draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining;
			 or
(iv) Any other equivalent
			 hot-draining method that will remove used oil.
(14) Used oil re-refining distillation
			 bottoms that are used as feedstock to manufacture asphalt products.
(15) Leachate or gas condensate collected
			 from landfills where certain solid wastes have been disposed, provided that:
(i) The solid wastes disposed would meet one
			 or more of the listing descriptions for Hazardous Waste Codes K169, K170, K171,
			 K172, K174, K175, K176, K177, K178, and K181 if these wastes had been generated
			 after the effective date of the listing;
(ii) The solid wastes described in paragraph
			 (b)(15)(i) of this section were disposed prior to the effective date of the
			 listing;
(iii) The leachate or gas
			 condensate do not exhibit any characteristic of hazardous waste nor are derived
			 from any other listed hazardous waste;
(iv) Discharge of the leachate or gas
			 condensate, including leachate or gas condensate transferred from the landfill
			 to a POTW by truck, rail, or dedicated pipe, is subject to regulation under
			 sections 307(b) or 402 of the Clean Water Act.
(v) After February 13, 2001, leachate or gas
			 condensate derived from K169-172 is no longer exempt if it is stored or managed
			 in a surface impoundment prior to discharge. After November 21, 2003, leachate
			 or gas condensate derived from K176, K177, and K178 will no longer be exempt if
			 it is stored or managed in a surface impoundment prior to discharge. After
			 February 26, 2007, leachate or gas condensate derived from K181 will no longer
			 be exempt if it is stored or managed in a surface impoundment prior to
			 discharge. There is one exception: if the surface impoundment is used to
			 temporarily store leachate or gas condensate in response to an emergency
			 situation (e.g., shutdown of wastewater treatment system), provided the
			 impoundment has a double liner, and provided the leachate or gas condensate is
			 removed from the impoundment and continues to be managed in compliance with the
			 conditions of this paragraph (b)(15)(v) after the emergency ends. (16-17)
			 [Reserved]
(18)
			 "Solvent-contaminated wipes, except for wipes that are hazardous waste due to
			 the presence of trichloroethylene, that are sent for disposal are not hazardous
			 waste from the point of generation provided that
(i) The solvent-contaminated wipes, when
			 accumulated, stored, and transported, are contained in non-leaking, closed
			 containers that are labeled "Excluded Solvent-Contaminated Wipes." The
			 containers must be able to contain free liquids, should free liquids occur.
			 During accumulation, a container is considered closed when there is complete
			 contact between the fitted lid and the rim, except when it is necessary to add
			 or remove solvent-contaminated wipes. When the container is full, or when the
			 solvent-contaminated wipes are no longer being accumulated, or when the
			 container is being transported, the container must be sealed with all lids
			 properly and securely affixed to the container and all openings tightly bound
			 or closed sufficiently to prevent leaks and emissions;
(ii) The solvent-contaminated wipes may be
			 accumulated by the generator for up to 180 days from the start date of
			 accumulation for each container prior to being sent for disposal;
(iii) At the point of being transported for
			 disposal, the solvent-contaminated wipes must contain no free liquids as
			 defined in § 260.10;
(iv) Free
			 liquids removed from the solvent-contaminated wipes or from the container
			 holding the wipes must be managed according to the applicable rules found in
			 Rule 23 §§ 260 through 273;
(v) Generators must maintain at their site
			 the following documentation:
(A) Name and
			 address of the landfill or combustor that is receiving the solvent-contaminated
			 wipes;
(B) Documentation that the
			 180 day accumulation time limit in Rule 23 § 261.4(b)(18)(ii) is being
			 met;
(C) Description of the process
			 the generator is using to ensure solvent-contaminated wipes contain no free
			 liquids at the point of being transported for disposal;
(vi) The solvent-contaminated wipes are sent
			 for disposal:
(A) To a municipal solid waste
			 landfill regulated under Rule 22.701, or to a hazardous waste landfill
			 regulated under Rule 23 §§ 264 or 265; or
(B) To a municipal waste combustor or other
			 combustion facility regulated under § 129 of the Clean Air Act or to a
			 hazardous waste combustor, boiler, or industrial furnace regulated under Rule
			 23 §§ 264, 265, or 266 Subsection H.
(c) Hazardous wastes
			 which are exempted from certain rules. A hazardous waste which is generated in
			 a product or raw material storage tank, a product or raw material transport
			 vehicle or vessel, a product or raw material pipeline, or in a manufacturing
			 process unit or an associated non-waste-treatment-manufacturing unit, is not
			 subject to regulation under sections 262 through 265, 268, 270 of this rule, 40
			 CFR Part 271 and Part 124, or to the notification requirements of section 3010
			 of RCRA until it exits the unit in which it was generated, unless the unit is a
			 surface impoundment, or unless the hazardous waste remains in the unit more
			 than 90 days after the unit ceases to be operated for manufacturing, or for
			 storage or transportation of product or raw materials.
(d) Samples.
(1) Except as provided in paragraph (d)(2)
			 and (4) of this section, a sample of solid waste or a sample of water, soil, or
			 air, which is collected for the sole purpose of testing to determine its
			 characteristics or composition, is not subject to any requirements of this
			 section or sections 262 through 268 or section 270 of this rule or 40 CFR Part
			 124 or to the notification requirements of section 3010 of RCRA, when:
(i) The sample is being transported to a
			 laboratory for the purpose of testing; or
(ii) The sample is being transported back to
			 the sample collector after testing; or
(iii) The sample is being stored by the
			 sample collector before transport to a laboratory for testing; or
(iv) The sample is being stored in a
			 laboratory before testing; or
(v)
			 The sample is being stored in a laboratory after testing but before it is
			 returned to the sample collector; or
(vi) The sample is being stored temporarily
			 in the laboratory after testing for a specific purpose (for example, until
			 conclusion of a court case or enforcement action where further testing of the
			 sample may be necessary).
(2) In order to qualify for the exemption in
			 paragraphs (d)(1) (i) and (ii) of this section, a sample collector shipping
			 samples to a laboratory and a laboratory returning samples to a sample
			 collector must:
(i) Comply with U.S.
			 Department of Transportation (DOT), U.S. Postal Service (USPS), or any other
			 applicable shipping requirements; or
(ii) Comply with the following requirements
			 if the sample collector determines that DOT, USPS, or other shipping
			 requirements do not apply to the shipment of the sample:
(A) Assure that the following information
			 accompanies the sample:
(1) The sample
			 collector's name, mailing address, and telephone number;
(2) The laboratory's name, mailing address,
			 and telephone number;
(3) The
			 quantity of the sample;
(4) The
			 date of shipment; and
(5) A
			 description of the sample.
(B) Package the sample so that it does not
			 leak, spill, or vaporize from its packaging.
(3) This exemption does not apply if the
			 laboratory determines that the waste is hazardous but the laboratory is no
			 longer meeting any of the conditions stated in paragraph (d)(1) of this
			 section.
(4) In order to qualify
			 for the exemption in paragraphs (d)(1)(i) and (ii) of this section, the mass of
			 a sample that will be exported to a foreign laboratory or that will be imported
			 to a U.S. laboratory from a foreign source must additionally not exceed 25
			 kg.
(e) Treatability
			 Study Samples.
(1) Except as provided in
			 paragraph (e)(2) and (4) of this section, persons who generate or collect
			 samples for the purpose of conducting treatability studies as defined in
			 section 260.10, are not subject to any requirement of sections 261 through 263
			 of this rule or to the notification requirements of Section 3010 of RCRA, nor
			 are such samples included in the quantity determinations of § 261.5 and
			 § 262.34(d) when:
(i) The sample is being
			 collected and prepared for transportation by the generator or sample collector;
			 or
(ii) The sample is being
			 accumulated or stored by the generator or sample collector prior to
			 transportation to a laboratory or testing facility; or
(iii) The sample is being transported to the
			 laboratory or testing facility for the purpose of conducting a treatability
			 study.
(2) The
			 exemption in paragraph (e)(1) of this section is applicable to samples of
			 hazardous waste being collected and shipped for the purpose of conducting
			 treatability studies provided that:
(i) The
			 generator or sample collector uses (in "treatability studies") no more than
			 10,000 kg of media contaminated with non-acute hazardous waste, 1000 kg of
			 non-acute hazardous waste other than contaminated media, 1 kg of acute
			 hazardous waste, 2500 kg of media contaminated with acute hazardous waste for
			 each process being evaluated for each generated waste stream; and
(ii) The mass of each sample shipment does
			 not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with
			 non-acute hazardous waste, or may include 2500 kg of media contaminated with
			 acute hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous
			 waste; and
(iii) The sample must be
			 packaged so that it will not leak, spill, or vaporize from its packaging during
			 shipment and the requirements of paragraph A or B of this subparagraph are met.
(A) The transportation of each sample
			 shipment complies with U.S. Department of Transportation (DOT), U.S. Postal
			 Service (USPS), or any other applicable shipping requirements; or
(B) If the DOT, USPS, or other shipping
			 requirements do not apply to the shipment of the sample, the following
			 information must accompany the sample:
(1) The
			 name, mailing address, and telephone number of the originator of the
			 sample;
(2) The name, address, and
			 telephone number of the facility that will perform the treatability
			 study;
(3) The quantity of the
			 sample;
(4) The date of shipment;
			 and
(5) A description of the
			 sample, including its EPA Hazardous Waste Number.
(iv) The sample is shipped to a
			 laboratory or testing facility which is exempt under § 261.4(f) or has an
			 appropriate RCRA permit or interim status.
(v) The generator or sample collector
			 maintains the following records for a period ending 3 years after completion of
			 the treatability study:
(A) Copies of the
			 shipping documents;
(B) A copy of
			 the contract with the facility conducting the treatability study;
(C) Documentation showing:
(1) The amount of waste shipped under this
			 exemption;
(2) The name, address,
			 and EPA identification number of the laboratory or testing facility that
			 received the waste;
(3) The date
			 the shipment was made; and
(4)
			 Whether or not unused samples and residues were returned to the
			 generator.
(vi) The generator reports the information
			 required under paragraph (e)(2)(v)(C) of this section in its annual
			 report.
(3) The Director
			 may grant requests on a case-by-case basis for up to an additional two years
			 for treatability studies involving bioremediation. The Director may grant
			 requests on a case-by-case basis for quantity limits in excess of those
			 specified in paragraphs (e)(2) (i) and (ii) and (f)(4) of this section, for up
			 to an additional 5000 kg of media contaminated with non-acute hazardous waste,
			 500 kg of non-acute hazardous waste, 2500 kg of media contaminated with acute
			 hazardous waste and 1 kg of acute hazardous waste:
(i) In response to requests for authorization
			 to ship, store and conduct treatability studies on additional quantities in
			 advance of commencing treatability studies. Factors to be considered in
			 reviewing such requests include the nature of the technology, the type of
			 process (e.g., batch versus continuous), size of the unit undergoing testing
			 (particularly in relation to scale-up considerations), the time/quantity of
			 material required to reach steady state operating conditions, or test design
			 considerations such as mass balance calculations.
(ii) In response to requests for
			 authorization to ship, store and conduct treatability studies on additional
			 quantities after initiation or completion of initial treatability studies,
			 when: There has been an equipment or mechanical failure during the conduct of a
			 treatability study; there is a need to verify the results of a previously
			 conducted treatability study; there is a need to study and analyze alternative
			 techniques within a previously evaluated treatment process; or there is a need
			 to do further evaluation of an ongoing treatability study to determine final
			 specifications for treatment.
(iii)
			 The additional quantities and timeframes allowed in paragraph (e)(3) (i) and
			 (ii) of this section are subject to all the provisions in paragraphs (e) (1)
			 and (e)(2) (iii) through
(vi) of
			 this section. The generator or sample collector must apply to the Director and
			 provide in writing the following information:
(A) The reason why the generator or sample
			 collector requires additional time or quantity of sample for treatability study
			 evaluation and the additional time or quantity needed;
(B) Documentation accounting for all samples
			 of hazardous waste from the waste stream which have been sent for or undergone
			 treatability studies including the date each previous sample from the waste
			 stream was shipped, the quantity of each previous shipment, the laboratory or
			 testing facility to which it was shipped, what treatability study processes
			 were conducted on each sample shipped, and the available results on each
			 treatability study;
(C) A
			 description of the technical modifications or change in specifications which
			 will be evaluated and the expected results;
(D) If such further study is being required
			 due to equipment or mechanical failure, the applicant must include information
			 regarding the reason for the failure or breakdown and also include what
			 procedures or equipment improvements have been made to protect against further
			 breakdowns; and
(E) Such other
			 information that the Director considers necessary.
(4) In order to qualify for the
			 exemption in paragraph (e)(1)(i) of this section, the mass of a sample that
			 will be exported to a foreign laboratory or testing facility, or that will be
			 imported to a U.S. laboratory or testing facility from a foreign source must
			 additionally not exceed 25 kg.
(f) Samples Undergoing Treatability Studies
			 at Laboratories and Testing Facilities. Samples undergoing treatability studies
			 and the laboratory or testing facility conducting such treatability studies (to
			 the extent such facilities are not otherwise subject to RCRA requirements) are
			 not subject to any requirement of this section, 40 CFR Part 124, Sections
			 262-266, 268, and 270 of this rule, or to the notification requirements of
			 Section 3010 of RCRA provided that the conditions of paragraphs (f) (1) through
			 (11) of this section are met. A mobile treatment unit (MTU) may qualify as a
			 testing facility subject to paragraphs (f) (1) through (11) of this section.
			 Where a group of MTUs are located at the same site, the limitations specified
			 in (f) (1) through (11) of this section apply to the entire group of MTUs
			 collectively as if the group were one MTU.
(1) No less than 45 days before conducting
			 treatability studies, the facility notifies the Director in writing that it
			 intends to conduct treatability studies under this paragraph.
(2) The laboratory or testing facility
			 conducting the treatability study has an EPA identification number.
(3) No more than a total of 10,000 kg of "as
			 received" media contaminated with non-acute hazardous waste, 2500 kg of media
			 contaminated with acute hazardous waste or 250 kg of other "as received"
			 hazardous waste is subject to initiation of treatment in all treatability
			 studies in any single day. "As received" waste refers to the waste as received
			 in the shipment from the generator or sample collector.
(4) The quantity of "as received" hazardous
			 waste stored at the facility for the purpose of evaluation in treatability
			 studies does not exceed 10,000 kg, the total of which can include 10,000 kg of
			 media contaminated with non-acute hazardous waste, 2500 kg of media
			 contaminated with acute hazardous waste, 1000 kg of non-acute hazardous wastes
			 other than contaminated media, and 1 kg of acute hazardous waste. This quantity
			 limitation does not include treatment materials (including nonhazardous solid
			 waste) added to "as received" hazardous waste.
(5) No more than 90 days have elapsed since
			 the treatability study for the sample was completed, or no more than one year
			 (two years for treatability studies involving bioremediation) have elapsed
			 since the generator or sample collector shipped the sample to the laboratory or
			 testing facility, whichever date first occurs. Up to 500 kg of treated material
			 from a particular waste stream from treatability studies may be archived for
			 future evaluation up to five years from the date of initial receipt. Quantities
			 of materials archived are counted against the total storage limit for the
			 facility.
(6) The treatability
			 study does not involve the placement of hazardous waste on the land or open
			 burning of hazardous waste.
(7) The
			 facility maintains records for 3 years following completion of each study that
			 show compliance with the treatment rate limits and the storage time and
			 quantity limits. The following specific information must be included for each
			 treatability study conducted:
(i) The name,
			 address, and EPA identification number of the generator or sample collector of
			 each waste sample;
(ii) The date
			 the shipment was received;
(iii)
			 The quantity of waste accepted;
(iv) The quantity of "as received" waste in
			 storage each day;
(v) The date the
			 treatment study was initiated and the amount of "as received" waste introduced
			 to treatment each day;
(vi) The
			 date the treatability study was concluded;
(vii) The date any unused sample or residues
			 generated from the treatability study were returned to the generator or sample
			 collector or, if sent to a designated facility, the name of the facility and
			 the EPA identification number.
(8) The facility keeps, on-site, a copy of
			 the treatability study contract and all shipping papers associated with the
			 transport of treatability study samples to and from the facility for a period
			 ending 3 years from the completion date of each treatability study.
(9) The facility prepares and submits a
			 report to the Director by March 15 of each year that includes the following
			 information for the previous calendar year:
(i) The name, address, and EPA identification
			 number of the facility conducting the treatability studies;
(ii) The types (by process) of treatability
			 studies conducted;
(iii) The names
			 and addresses of persons for whom studies have been conducted (including their
			 EPA identification numbers);
(iv)
			 The total quantity of waste in storage each day;
(v) The quantity and types of waste subjected
			 to treatability studies;
(vi) When
			 each treatability study was conducted;
(vii) The final disposition of residues and
			 unused sample from each treatability study.
(10) The facility determines whether any
			 unused sample or residues generated by the treatability study are hazardous
			 waste under § 261.3 and, if so, are subject to sections 261 through 268,
			 and section 270 of this rule, unless the residues and unused samples are
			 returned to the sample originator under the § 261.4(e)
			 exemption.
(11) The facility
			 notifies the Director by letter when the facility is no longer planning to
			 conduct any treatability studies at the site.
(g) Dredged material that is not a hazardous
			 waste. Dredged material that is subject to the requirements of a permit that
			 has been issued under 404 of the Federal Water Pollution Control Act (
			 33 U.S.C.
			 1344 ) or section 103 of the Marine
			 Protection, Research, and Sanctuaries Act of 1972 (
			 33 U.S.C.
			 1413 ) is not a hazardous waste. For this
			 paragraph (g), the following definitions apply:
(1) The term dredged material has the same
			 meaning as defined in
			 40
			 CFR 232.2;
(2) The term "permit" means:
(i) A permit issued by the U.S. Army Corps of
			 Engineers (Corps) or an approved State under section 404 of the Federal Water
			 Pollution Control Act (
			 33 U.S.C.
			 1344 );
(ii) A permit issued by the Corps under
			 section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (
			 33 U.S.C.
			 1413 ); or
(iii) In the case of Corps civil works
			 projects, the administrative equivalent of the permits referred to in
			 paragraphs (g)(2)(i) and (ii) of this section, as provided for in Corps
			 regulations (for example, see
			 33
			 CFR 336.1,
			 336.2,
			 and
			 337.6
			 ).
(h)
			 Carbon Dioxide Stream Injected for Geologic Sequestration. Carbon dioxide
			 streams that are captured and transported for purposes of injection into an
			 underground injection well subject to the requirements for Class VI Underground
			 Injection Control wells, including the requirements in 40 CFR Parts 144 and 146
			 of the Underground Injection Control Program of the Safe Drinking Water Act,
			 are not a hazardous waste, provided the following conditions are met:
(1) Transportation of the carbon dioxide
			 stream must be in compliance with U.S. Department of Transportation
			 requirements, including the pipeline safety laws (
			 49
			 U.S.C. §
														60101 et seq.) and regulations
			 (49 C.F.R. Parts 190-199) of the U.S. Department of Transportation, and
			 pipeline safety regulations adopted and administered by a state authority
			 pursuant to a certification under
			 49 U.S.C. §
														60105, as applicable.
(2) Injection of the carbon dioxide stream
			 must be in compliance with the applicable requirements for Class VI Underground
			 Injection Control wells, including the applicable requirements in 40 CFR Parts
			 144 and 146;
(3) No hazardous
			 wastes shall be mixed with, or otherwise co-injected with, the carbon dioxide
			 stream; and
(4)
(i) Any generator of a carbon dioxide stream,
			 who claims that a carbon dioxide stream is excluded under paragraph (h) of this
			 section, must have an authorized representative (as defined in
			 40
			 CFR 260.10 ) sign a certification statement
			 worded as follows:
I certify under penalty of law that the carbon dioxide stream
				that I am claiming to be excluded under
				40
				C.F.R. §
																261.4(h) has
				not been mixed with hazardous wastes, and I have transported the carbon dioxide
				stream in compliance with (or have contracted with a pipeline operator or
				transporter to transport the carbon dioxide stream in compliance with)
				Department of Transportation requirements, including the pipeline safety laws (
				49
				U.S.C. §
																60101 et seq.) and regulations
				(49 C.F.R. Parts 190-199) of the U.S. Department of Transportation, and the
				pipeline safety regulations adopted and administered by a state authority
				pursuant to a certification under
				49 U.S.C. §
																60105, as applicable, for injection into a
				well subject to the requirements for the Class VI Underground Injection Control
				Program of the Safe Drinking Water Act.
(ii) Any Class VI Underground Injection
			 Control well owner or operator, who claims that a carbon dioxide stream is
			 excluded under paragraph (h) of this section, must have an authorized
			 representative (as defined in
			 40
			 CFR 260.10 ) sign a certification statement
			 worded as follows:
I certify under penalty of law that the carbon dioxide stream
				that I am claiming to be excluded under
				40
				C.F.R. §
																261.4(h) has
				not been mixed with, or otherwise co-injected with, hazardous waste at the
				Underground Injection Control (UIC) Class VI permitted facility, and that
				injection of the carbon dioxide stream is in compliance with the applicable
				requirements for UIC Class VI wells, including the applicable requirements in
				40 CFR Parts 144 and 146.
(iii) The signed certification statement must
			 be kept on-site for no less than three years, and must be made available within
			 72 hours of a written request from the Director (if located in an authorized
			 state), or their designee. The signed certification statement must be renewed
			 every year that the exclusion is claimed, by having an authorized
			 representative (as defined in
			 40
			 CFR 260.10 ) annually prepare and sign a new
			 copy of the certification statement within one year of the date of the previous
			 statement. The signed certification statement must also be readily accessible
			 on the facility's publicly-available website (if such website exists) as a
			 public notification with the title of "Carbon Dioxide Stream Certification" at
			 the time the exclusion is claimed.
§ 261.5
[Reserved]
§
			 261.6
Requirements for recyclable materials
(a)
(1)
			 Hazardous wastes that are recycled are subject to the requirements for
			 generators, transporters, and storage facilities of paragraphs (b) and (c) of
			 this section, except for the materials listed in paragraphs (a)(2) and (a)(3)
			 of this section. Hazardous wastes that are recycled will be known as
			 "recyclable materials."
(2) The
			 following recyclable materials are not subject to the requirements of this
			 section but are regulated under subsections C through N of Section 266 of this
			 rule and all applicable provisions in Sections 268 and 270 of this rule and 40
			 CFR Part 124:
(i) Recyclable materials used
			 in a manner constituting disposal (§ 266, Subsection C);
(ii) Hazardous wastes burned (as defined in
			 § 266.100(a)) in boilers and industrial furnaces that are not regulated
			 under subsection O of Section 264 or 265 of this rule (Section 266, Subsection
			 H);
(iii) Recyclable materials from
			 which precious metals are reclaimed (§ 266, Subsection F);
(iv) Spent lead-acid batteries that are being
			 reclaimed (§ 266, Subsection G).
(3) The following recyclable materials are
			 not subject to regulation under Sections 262 through 268, and 270 of this rule
			 or 40 CFR Part 124, and are not subject to the notification requirements of
			 Section 3010 of RCRA:
(i) Industrial ethyl
			 alcohol that is reclaimed except that exports and imports of such recyclable
			 materials must comply with the requirements of APC & EC Rule No. 23 section
			 262, subsection H.
(A) A person initiating a
			 shipment for reclamation in a foreign country, and any intermediary arranging
			 for the shipment, must comply with the requirements applicable to a primary
			 exporter in §§ 262.53, 262.56(a)(1)-(4), (6), and (b), and 262.57,
			 export such materials only upon consent of the receiving country and in
			 conformance with the EPA Acknowledgment of Consent as defined in subsection E
			 of section 262, and provide a copy of the EPA Acknowledgment of Consent to the
			 shipment to the transporter transporting the shipment for export;
(B) Transporters transporting a shipment for
			 export may not accept a shipment if he knows the shipment does not conform to
			 the EPA Acknowledgment of Consent, must ensure that a copy of the EPA
			 Acknowledgment of Consent accompanies the shipment and must ensure that it is
			 delivered to the facility designated by the person initiating the
			 shipment.
(ii) Scrap
			 metal that is not excluded under § 261.4(a)(13) of this rule;
(iii) Fuels produced from the refining of
			 oil-bearing hazardous waste along with normal process streams at a petroleum
			 refining facility if such wastes result from normal petroleum refining,
			 production, and transportation practices (this exemption does not apply to
			 fuels produced from oil recovered from oil-bearing hazardous waste, where such
			 recovered oil is already excluded under § 261.4(a)(12);
(iv)
(A)
			 Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum
			 refining, production, or transportation practices, or produced from oil
			 reclaimed from such hazardous wastes, where such hazardous wastes are
			 reintroduced into a process that does not use distillation or does not produce
			 products from crude oil so long as the resulting fuel meets the used oil
			 specification under § 279.11 of this rule and so long as no other
			 hazardous wastes are used to produce the hazardous waste fuel;
(B) Hazardous waste fuel produced from
			 oil-bearing hazardous waste from petroleum refining production, and
			 transportation practices, where such hazardous wastes are reintroduced into a
			 refining process after a point at which contaminants are removed, so long as
			 the fuel meets the used oil fuel specification under § 279.11 of this
			 rule; and
(C) Oil reclaimed from
			 oil-bearing hazardous wastes from petroleum refining, production, and
			 transportation practices, which reclaimed oil is burned as a fuel without
			 reintroduction to a refining process, so long as the reclaimed oil meets the
			 used oil fuel specification under § 279.11 of this rule.
(4) Used oil that is
			 recycled and is also a hazardous waste solely because it exhibits a hazardous
			 characteristic is not subject to the requirements of Sections 260 through 268
			 of this rule, but is regulated under section 279 of this rule. Used oil that is
			 recycled includes any used oil which is reused, following its original use, for
			 any purpose (including the purpose for which the oil was originally used). Such
			 term includes, but is not limited to, oil which is re-refined, reclaimed,
			 burned for energy recovery, or reprocessed.
(5) Hazardous waste that is exported or
			 imported for purpose of recovery is subject to the requirements of APC&EC
			 Rule No. 23 section 262, subsection H.
(b) Generators and transporters of recyclable
			 materials are subject to the applicable requirements of sections 262 and 263 of
			 this rule and the notification requirements under section 3010 of RCRA, except
			 as provided in paragraph (a) of this section.
(c)
(1)
			 Owners or operators of facilities that store recyclable materials before they
			 are recycled are regulated under all applicable provisions of subsections A
			 through L, AA, BB, and CC of Sections 264 and 265, and under Sections 266, 267,
			 268, and 270 of this rule and 40 CFR Part 124, and the notification
			 requirements under section 3010 of RCRA, except as provided in paragraph (a) of
			 this section. (The recycling process itself is exempt from regulation except as
			 provided in § 261.6(d).)
(2)
			 Owners or operators of facilities that recycle recyclable materials without
			 storing them before they are recycled are subject to the following
			 requirements, except as provided in paragraph (a) of this section:
(i) Notification requirements under section
			 3010 of RCRA;
(ii) Sections 265.71
			 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of
			 this rule.
(iii) Section 261.6(d)
			 of this rule.
(iv) Section 265.75
			 of this rule (annual reporting requirements).
(d) Owners or operators of facilities subject
			 to RCRA permitting requirements with hazardous waste management units that
			 recycle hazardous wastes are subject to the requirements of subsections AA and
			 BB of Sections 264, 265 or 267 of this rule.
§ 261.7
Residues of hazardous
			 waste in empty containers
(a)
(1) Any hazardous waste remaining in either
(i) an empty container or
(ii) an inner liner removed from an empty
			 container, as defined in paragraph (b) of this section, is not subject to
			 regulation under Sections 261 through 268 and 270 of this rule or 40 CFR Part
			 124 or to the notification requirements of section 3010 of RCRA.
(2) Any hazardous waste in either
(i) a container that is not empty
			 or
(ii) an inner liner removed from
			 a container that is not empty, as defined in paragraph (b) of this section, is
			 subject to regulation under Sections 261 through 268 and 270 of this rule and
			 40 CFR Part 124 and to the notification requirements of section 3010 of RCRA.
(b)
(1) A container or an inner liner removed
			 from a container that has held any hazardous waste, except a waste that is a
			 compressed gas or that is identified as an acute hazardous waste listed in
			 §§ 261.31 or 261.33(e) of this rule is empty if:
(i) All wastes have been removed that can be
			 removed using the practices commonly employed to remove materials from that
			 type of container, e.g., pouring, pumping, and aspirating, and
(ii) No more than 2.5 centimeters (one inch)
			 of residue remain on the bottom of the container or inner liner, or
(iii)
(A)
			 No more than 3 percent by weight of the total capacity of the container remains
			 in the container or inner liner if the container is less than or equal to 119
			 gallons in size, or
(B) No more
			 than 0.3 percent by weight of the total capacity of the container remains in
			 the container or inner liner if the container is greater than 119 gallons in
			 size.
(2) A
			 container that has held a hazardous waste that is a compressed gas is empty
			 when the pressure in the container approaches atmospheric.
(3) A container or an inner liner removed
			 from a container that has held an acute hazardous waste listed in §§
			 261.31 or 261.33(e) is empty if:
(i) The
			 container or inner liner has been triple rinsed using a solvent capable of
			 removing the commercial chemical product or manufacturing chemical
			 intermediate;
(ii) The container or
			 inner liner has been cleaned by another method that has been shown in the
			 scientific literature, or by tests conducted by the generator, to achieve
			 equivalent removal; or
(iii) In the
			 case of a container, the inner liner that prevented contact of the commercial
			 chemical product or manufacturing chemical intermediate with the container, has
			 been removed.
§ 261.8
PCB Wastes Regulated under
			 Toxic Substances Control Act
The disposal of PCB-containing dielectric fluid and electric
				equipment containing such fluid authorized for use and regulated under 40 CFR
				Part 761 and that are hazardous only because they fail the test for the
				toxicity characteristic (hazardous waste codes D018 through D043 only) are
				exempt from regulation under Sections 261 through 265, and Sections 268 and 270
				of this rule, and the notification requirements of Section 3010 of the
				RCRA.
§ 261.9
Requirements for Universal Waste
The wastes listed in this section are exempt from regulation
				under Sections 262 through 270 of this rule except as specified in Section 273
				of this rule and, therefore are not fully regulated as hazardous waste. The
				wastes listed in this section are subject to regulation under Section
				273:
(a) Batteries as described in
			 § 273.2;
(b) Pesticides as
			 described in § 273.3 of this rule;
(c) Mercury-containing devices as described
			 in § 273.4 of this rule;
(d)
			 Lamps as described in § 273.5 of this rule; and
(e)
Consumer electronic items
			 ("electronic wastes") as described in § 273.6 of this rule.
Subsection B
-- Criteria for Identifying the Characteristics of Hazardous Waste and
			 for Listing Hazardous Waste
§
			 261.10
Criteria for identifying the characteristics of
			 hazardous waste
(a) The Director shall
			 identify and define a characteristic of hazardous waste in subsection C only
			 upon determining that:
(1) A solid waste that
			 exhibits the characteristic may:
(i) Cause, or
			 significantly contribute to, an increase in mortality or an increase in serious
			 irreversible, or incapacitating reversible, illness; or
(ii) Pose a substantial present or potential
			 hazard to human health or the environment when it is improperly treated,
			 stored, transported, disposed of or otherwise managed; and
(2) The characteristic can be:
(i) Measured by an available standardized
			 test method which is reasonably within the capability of generators of solid
			 waste or private sector laboratories that are available to serve generators of
			 solid waste; or
(ii) Reasonably
			 detected by generators of solid waste through their knowledge of their
			 waste.
§
			 261.11
Criteria for listing hazardous waste
(a) The Commission shall list a solid waste
			 as a hazardous waste only upon determining that the solid waste meets one of
			 the following criteria:
(1) It exhibits any of
			 the characteristics of hazardous waste identified in subsection C.
(2) It has been found to be fatal to humans
			 in low doses or, in the absence of data on human toxicity, it has been shown in
			 studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per
			 kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per
			 liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per
			 kilogram or is otherwise capable of causing or significantly contributing to an
			 increase in serious irreversible, or incapacitating reversible, illness. (Waste
			 listed in accordance with these criteria will be designated
Acutely
			 Hazardous Waste
.)
(3) It
			 contains any of the toxic constituents listed in Appendix VIII and, after
			 considering the following factors, the Director concludes that the waste is
			 capable of posing a substantial present or potential hazard to human health or
			 the environment when improperly treated, stored, transported or disposed of, or
			 otherwise managed:
(i) The nature of the
			 toxicity presented by the constituent.
(ii) The concentration of the constituent in
			 the waste.
(iii) The potential of
			 the constituent or any toxic degradation product of the constituent to migrate
			 from the waste into the environment under the types of improper management
			 considered in paragraph (a)(3)(vii) of this section.
(iv) The persistence of the constituent or
			 any toxic degradation product of the constituent.
(v) The potential for the constituent or any
			 toxic degradation product of the constituent to degrade into non-harmful
			 constituents and the rate of degradation.
(vi) The degree to which the constituent or
			 any degradation product of the constituent bioaccumulates in
			 ecosystems.
(vii) The plausible
			 types of improper management to which the waste could be subjected.
(viii) The quantities of the waste generated
			 at individual generation sites or on a regional or national basis.
(ix) The nature and severity of the human
			 health and environmental damage that has occurred as a result of the improper
			 management of wastes containing the constituent.
(x) Action taken by other governmental
			 agencies or regulatory programs based on the health or environmental hazard
			 posed by the waste or waste constituent.
(xi) Such other factors as may be
			 appropriate. Substances will be listed on Appendix VIII only if they have been
			 shown in scientific studies to have toxic, carcinogenic, mutagenic or
			 teratogenic effects on humans or other life forms. (Wastes listed in accordance
			 with these criteria will be designated Toxic wastes.)
(b) The Director may list classes
			 or types of solid waste as hazardous waste if he has reason to believe that
			 individual wastes, within the class or type of waste, typically or frequently
			 are hazardous under the definition of hazardous waste found in section 1004(5)
			 of the Act.
(c) The Director will
			 use the criteria for listing specified in this section to establish the
			 exclusion limits referred to in § 261.5(c).
Subsection C
--
			 Characteristics of Hazardous Waste.
§
			 261.20
General
(a)
			 A solid waste, as defined in § 261.2, which is not excluded from
			 regulation as a hazardous waste under § 261.4(b), is a hazardous waste if
			 it exhibits any of the characteristics identified in this subsection.
Comment: § 262.11 of this rule sets forth the generator's
				responsibility to determine whether his waste exhibits one or more of the
				characteristics identified in this subsection.
(b) A hazardous waste which is identified by
			 a characteristic in this subsection is assigned every EPA Hazardous Waste
			 Number that is applicable as set forth in this subsection. This number must be
			 used in complying with the notification requirements of section 3010 of the Act
			 and all applicable recordkeeping and reporting requirements under sections 262
			 through 265, 268, and 270 of this rule.
(c) For purposes of this subsection, the
			 Director will consider a sample obtained using any of the applicable sampling
			 methods specified in Appendix I to be a representative sample within the
			 meaning of section 260 of this rule.
Comment: Since the Appendix I sampling methods are not being
				formally adopted by the Director, a person who desires to employ an alternative
				sampling method is not required to demonstrate the equivalency of his method
				under the procedures set forth in §§ 260.20 and
				260.21.
§ 261.21
Characteristic of ignitability
(a) A solid waste exhibits the characteristic
			 of ignitability if a representative sample of the waste has any of the
			 following properties:
(1) It is a liquid,
			 other than an aqueous solution containing less than 24 percent alcohol by
			 volume and has flash point less than 60°C (140°F), as determined by a
			 Pensky-Martens Closed Cup Tester, using the test method specified in ASTM
			 Standard D-93-79 or D-93-80 (incorporated by reference, see § 260.11), or
			 a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard
			 D-3278-78 (incorporated by reference, see § 260.11).
(2) It is not a liquid and is capable, under
			 standard temperature and pressure, of causing fire through friction, absorption
			 of moisture or spontaneous chemical changes and, when ignited, burns so
			 vigorously and persistently that it creates a hazard.
(3) It is an ignitable compressed gas.
(i) The term "compressed gas" shall designate
			 any material or mixture having in the container an absolute pressure exceeding
			 40 p.s.i. at 70°F or, regardless of the pressure at 70°F, having an
			 absolute pressure exceeding 104 p.s.i. at 130°F; or any liquid flammable
			 material having a vapor pressure exceeding 40 p.s.i. absolute at 100°F as
			 determined by ASTM Test D-323.
(ii)
			 A compressed gas shall be characterized as ignitable if any one of the
			 following occurs:
(A) Either a mixture of 13
			 percent or less (by volume) with air forms a flammable mixture or the flammable
			 range with air is wider than 12 percent regardless of the lower limit. These
			 limits shall be determined at atmospheric temperature and pressure.
The method of sampling and test procedure shall be acceptable
				to the Bureau of Explosives and approved by the director, Pipeline and
				Hazardous Materials Technology, U.S. Department of Transportation (see Note
				2).
(B) Using the Bureau of
			 Explosives' Flame Projection Apparatus (see Note 1), the flame projects more
			 than 18 inches beyond the ignition source with valve opened fully, or, the
			 flame flashes back and burns at the valve with any degree of valve
			 opening.
(C) Using the Bureau of
			 Explosives' Open Drum Apparatus (see Note 1), there is any significant
			 propagation of flame away from the ignition source.
(D) Using the Bureau of Explosives' Closed
			 Drum Apparatus (see Note 1), there is any explosion of the vapor-air mixture in
			 the drum.
(4)
			 An oxidizer is a substance that yields oxygen readily to stimulate the
			 combustion of organic matter
(i) An organic
			 compound containing the bivalent -O-O- structure and may be considered a
			 derivative of hydrogen peroxide must be classed as an organic peroxide unless:
(A) The material meets the definition of a
			 Class A explosive or a Class B explosive, as defined in § 261.23(a)(8), in
			 which case it must be classed as an explosive,
(B) The material is forbidden to be offered
			 for transportation according to
			 49 CFR
			 172.101 and 49 CFR 173.21,
(C) It is determined that the predominant
			 hazard of the material containing an organic peroxide is other than that of an
			 organic peroxide, or
(D) According
			 to data on file with the Pipeline and Hazardous Materials Safety Administration
			 in the U.S. Department of Transportation (see Note 3), it has been determined
			 that the material does not present a hazard in transportation.
(b) A solid
			 waste that exhibits the characteristic of ignitability has the EPA Hazardous
			 Waste Number of D001.
Note 1: A description of the Bureau of Explosives' Flame
				Projection Apparatus, Open Drum Apparatus, Closed Drum Apparatus, and method of
				tests may be procured from the Bureau of Explosives.
Note 2: As part of a U.S. Department of Transportation (DOT)
				reorganization, the Office of Hazardous Materials Technology (OHMT), which was
				the office listed in the 1980 publication of
				49 CFR
				173.300 for the purposes of approving
				sampling and test procedures for a flammable gas, ceased operations on February
				20, 2005. OHMT programs have moved to the Pipeline and Hazardous Materials
				Safety Administration (PHMSA) in the DOT.
Note 3: As part of a U.S. Department of Transportation (DOT)
				reorganization, the Research and Special Programs Administration (RSPA), which
				was the office listed in the 1980 publication of 49 CFR 173.151a for the
				purposes of determining that a material does not present a hazard in transport,
				ceased operations on February 20, 2005. RSPA programs have moved to the
				Pipeline and Hazardous Materials Safety Administration (PHMSA) in the
				DOT.
Note 4: The DOT regulatory definition of an oxidizer was
				contained in § 173.151 of 49 CFR, and the definition of an organic
				peroxide was contained in paragraph 173.151a. An organic peroxide is a type of
				oxidizer.
§
			 261.22
Characteristic of corrosivity
(a) A solid waste exhibits the characteristic
			 of corrosivity if a representative sample of the waste has either of the
			 following properties:
(1) It is aqueous and
			 has a pH less than or equal to 2 or greater than or equal to 12.5, as
			 determined by a pH meter using Method 9040C in "Test Methods for Evaluating
			 Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as
			 incorporated by reference in § 260.11 of this rule.
(2) It is a liquid and corrodes steel (SAE
			 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test
			 temperature of 55°C (130°F) as determined by Method 1110A in ''Test
			 Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
			 Publication SW- 846, and as incorporated by reference in § 260.11 of this
			 Rule.
(b) A solid waste that
			 exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number
			 of D002.
§
			 261.23
Characteristic of reactivity
(a) A solid waste exhibits the characteristic
			 of reactivity if a representative sample of the waste has any of the following
			 properties:
(1) It is normally unstable and
			 readily undergoes violent change without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures
			 with water.
(4) When mixed with
			 water, it generates toxic gases, vapors or fumes in a quantity sufficient to
			 present a danger to human health or the environment.
(5) It is a cyanide or sulfide bearing waste
			 which, when exposed to pH conditions between 2 and 12.5, can generate toxic
			 gases, vapors or fumes in a quantity sufficient to present a danger to human
			 health or the environment.
(6) It
			 is capable of detonation or explosive reaction if it is subjected to a strong
			 initiating source or if heated under confinement.
(7) It is readily capable of detonation or
			 explosive decomposition or reaction at standard temperature and
			 pressure.
(8) It is a forbidden
			 explosive as defined in
			 49 CFR
			 173.54, or is a Division 1.1, 1.2, or 1.3
			 explosive as defined in
			 49 CFR 173.50
			 and
			 173.53.
(b) A solid waste that exhibits
			 the characteristic of reactivity has the EPA Hazardous Waste Number of
			 D003.
§ 261.24
Toxicity characteristic
(a) A
			 solid waste (except a manufactured gas plant waste) exhibits the characteristic
			 of toxicity if, using the Toxicity Characteristic Leaching Procedure, test
			 Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical
			 Methods," EPA Publication SW-846, as incorporated by reference in § 260.11
			 of this rule, the extract from a representative sample of the waste contains
			 any of the contaminants listed in table 1 at the concentration equal to or
			 greater than the respective value given in that table. Where the waste contains
			 less than 0.5 percent filterable solids, the waste itself, after filtering
			 using the methodology outlined in Method 1311, is considered to be the extract
			 for the purpose of this section.
(b) A solid waste that exhibits the
			 characteristic of toxicity has the EPA Hazardous Waste Number specified in
			 Table 1 which corresponds to the toxic contaminant causing it to be hazardous.
Table 1.
Maximum Concentration of Contaminants for the
Toxicity Characteristic
EPA HW Number
Contaminant
CAS No.2
Regulatory Level (mg/L)
D004
Arsenic
7440-38-2
5.0
D005
Barium
7440-39-3
100.0
D018
Benzene
71-43-2
0.5
D006
Cadmium
7440-43-9
1.0
D019
Carbon tetrachloride
56-23-5
0.5
D020
Chlordane
57-74-9
0.03
D021
Chlorobenzene
108-90-7
100.0
D022
Chloroform
67-66-3
6.0
D007
Chromium
7440-47-3
5.0
D023
o-Cresol
95-48-7
4200.0
D024
m-Cresol
108-39-4
4200.0
D025
p-Cresol
106-44-5
4200.0
D026
Cresol
4200.0
D016
2,4-D
94-75-7
10.0
D027
1,4-Dichlorobenzene
106-46-7
7.5
D028
1,2-Dichloroethane
107-06-2
0.5
D029
1,1-Dichloroethylene
75-35-4
0.7
D030
2,4-Dinitrotoluene
121-14-2
30.13
D012
Endrin
72-20-8
0.02
D031
Heptachlor (and its epoxide)
76-44-8
0.008
D032
Hexachlorobenzene
118-74-1
30.13
D033
Hexachlorobutadiene
87-68-3
0.5
D034
Hexachloroethane
67-72-1
3.0
D008
Lead
7439-92-1
5.0
D013
Lindane
58-89-9
0.4
D009
Mercury
7439-97-6
0.2
D014
Methoxychlor
72-43-5
10.0
D035
Methyl ethyl ketone
78-93-3
200.0
D036
Nitrobenzene
98-95-3
2.0
D037
Pentachlorophenol
87-86-5
100.0
D038
Pyridine
110-86-1
35.0
D010
Selenium
7782-49-2
1.0
D011
Silver
7440-22-4
5.0
D039
Tetrachloroethylene
127-18-4
0.7
D015
Toxaphene
8001-35-2
0.5
D040
Trichloroethylene
79-01-6
0.5
D041
2,4,5-Trichlorophenol
95-95-4
400.0
D042
2,4,6-Trichlorophenol
88-06-2
2.0
D017
2,4,5-TP (Silvex)
93-72-1
1.0
D043
Vinyl chloride
75-01-4
0.2
1. Hazardous
			 waste number.
2. Chemical abstracts
			 service number.
3. Quantitation
			 limit is greater than the calculated regulatory level. The quantitation limit
			 therefore becomes the regulatory level.
4. If o-, m-, and p-Cresol concentrations
			 cannot be differentiated, the total cresol (D026) concentration is used. The
			 regulatory level of total cresol is 200 mg/l.
Subsection D
--
			 Lists of Hazardous Wastes
§ 261.30
General
(a) A
			 solid waste is a hazardous waste if it is listed in this subsection, unless it
			 has been excluded from this list under §§ 260.20 and
			 260.22.
(b) The Director will
			 indicate his basis for listing the classes or types of wastes listed in this
			 subsection by employing one or more of the following Hazard Codes:
Ignitable Waste
(I)
Corrosive Waste
(C)
Reactive Waste
(R)
Toxicity Characteristic Waste
(E)
Acute Hazardous Waste
(H)
Toxic Waste
(T)
Appendix VII identifies the constituent which caused the
				Director to list the waste as a Toxicity Characteristic Waste (E) or Toxic
				Waste (T) in §§ 261.31 and 261.32.
(c) Each hazardous waste listed in this
			 subsection is assigned an EPA Hazardous Waste Number which precedes the name of
			 the waste. This number must be used in complying with the notification
			 requirements of Section 3010 of the Act and certain recordkeeping and reporting
			 requirements under Sections 262 through 265, 267, 268, and 270 of this
			 rule.
(d) The following hazardous
			 wastes listed in § 261.31 are subject to the exclusion limits for acutely
			 hazardous wastes established in § 261.5: EPA Hazardous Wastes Nos. F020,
			 F021, F022, F023, F026, and F027.
§ 261.31
Hazardous wastes from
			 non-specific sources
(a) The following
			 solid wastes are listed hazardous wastes from non-specific sources unless they
			 are excluded under §§ 260.20 and 260.22 and listed in Appendix IX.
Industry and EPA *hazardous waste Code
						  Generic:
Hazardous waste
Hazard code
F001
The following spent halogenated solvents used in
						  degreasing: Tetrachloroethylene, trichloroethylene, methylene chloride,
						  1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all
						  spent solvent mixtures/blends used in degreasing containing, before use, a
						  total of ten percent or more (by volume) of one or more of the above
						  halogenated solvents or those solvents listed in F002, F004, and F005; and
						  still bottoms from the recovery of these spent solvents and spent solvent
						  mixtures
(T)
F002
The following spent halogenated solvents:
						  Tetrachloroethylene, methylene chloride, trichloroethylene,
						  1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane,
						  ortho-dichlorobenzene, trichlorofluoromethane, and 1,1,2-trichloroethane; all
						  spent solvent mixtures/blends containing, before use, a total of ten percent or
						  more (by volume) of one or more of the above halogenated solvents or those
						  listed in F001, F004, or F005; and still bottoms from the recovery of these
						  spent solvents and spent solvent mixtures
(T)
F003
The following spent non-halogenated solvents: Xylene,
						  acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone,
						  n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends
						  containing, before use, only the above spent non-halogenated solvents; and all
						  spent solvent mixtures/blends containing, before use, one or more of the above
						  non-halogenated solvents, and, a total of ten percent or more (by volume) of
						  one or more of those solvents listed in F001, F002, F004, and F005; and still
						  bottoms from the recovery of these spent solvents and spent solvent
						  mixtures
(I)*
F004
The following spent non-halogenated solvents: Cresols
						  and cresylic acid, and nitrobenzene; all spent solvent mixtures/blends
						  containing, before use, a total of ten percent or more (by volume) of one or
						  more of the above non-halogenated solvents or those solvents listed in F001,
						  F002, and F005; and still bottoms from the recovery of these spent solvents and
						  spent solvent mixtures
(T)
F005
The following spent non-halogenated solvents: Toluene,
						  methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene,
						  2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures/blends
						  containing, before use, a total of ten percent or more (by volume) of one or
						  more of the above non-halogenated solvents or those solvents listed in F001,
						  F002, or F004; and still bottoms from the recovery of these spent solvents and
						  spent solvent mixtures
(I,T)
F006
Wastewater treatment sludges from electroplating
						  operations except from the following processes: (1) Sulfuric acid anodizing of
						  aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis)
						  on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5)
						  cleaning/stripping associated with tin, zinc and aluminum plating on carbon
						  steel; and (6) chemical etching and milling of aluminum
(T)
F007
Spent cyanide plating bath solutions from
						  electroplating operations
(R, T)
F008
Plating bath residues from the bottom of plating baths
						  from electroplating operations where cyanides are used in the process
(R, T)
F009
Spent stripping and cleaning bath solutions from
						  electroplating operations where cyanides are used in the process
(R, T)
F010
Quenching bath residues from oil baths from metal heat
						  treating operations where cyanides are used in the process
(R, T)
F011
Spent cyanide solutions from salt bath pot cleaning
						  from metal heat treating operations
(R, T)
F012
Quenching waste water treatment sludges from metal heat
						  treating operations where cyanides are used in the process
(T)
F019
Wastewater treatment sludges from the chemical
						  conversion coating of aluminum except from zirconium phosphating in aluminum
						  can washing when such phosphating is an exclusive conversion coating process.
						  Wastewater treatment sludges from the manufacturing of motor vehicles using a
						  zinc phosphating process will not be subject to this listing at the point of
						  generation if the wastes are not placed outside on the land prior to shipment
						  to a landfill for disposal and are either: disposed in a Subtitle D municipal
						  or industrial landfill unit that is equipped with a single clay liner and is
						  permitted, licensed or otherwise authorized by the state; or disposed in a
						  landfill unit subject to, or otherwise meeting, the landfill requirements in
						  §258.40, §264.301 or §265.301. For the purposes of this listing,
						  motor vehicle manufacturing is defined in paragraph (b)(4)(i) of this section
						  and (b)(4)(ii) of this section describes the recordkeeping requirements for
						  motor vehicle manufacturing facilities
(T)
F020
Wastes (except wastewater and spent carbon from
						  hydrogen chloride purification) from the production or manufacturing use (as a
						  reactant, chemical intermediate, or component in a formulating process) of
						  tri-or tetrachlorophenol, or of intermediates used to produce their pesticide
						  derivatives. (This listing does not include wastes from the production of
						  Hexachlorophene from highly purified 2,4,5-trichlorophenol.)
(H)
F021
Wastes (except wastewater and spent carbon from
						  hydrogen chloride purification) from the production or manufacturing use (as a
						  reactant, chemical intermediate, or component in a formulating process) of
						  pentachlorophenol, or of intermediates used to produce its derivatives
(H)
F022
Wastes (except wastewater and spent carbon from
						  hydrogen chloride purification) from the manufacturing use (as a reactant,
						  chemical intermediate, or component in a formulating process) of tetra-,
						  penta-, or hexachlorobenzenes under alkaline conditions
(H)
F023
Wastes (except wastewater and spent carbon from
						  hydrogen chloride purification) from the production of materials on equipment
						  previously used for the production or manufacturing use (as a reactant,
						  chemical intermediate, or component in a formulating process) of tri- and
						  tetrachlorophenols. (This listing does not include wastes from equipment used
						  only for the production or use of Hexachlorophene from highly purified
						  2,4,5-trichlorophenol.)
(H)
F024
Process wastes, including but not limited to,
						  distillation residues, heavy ends, tars, and reactor clean-out wastes, from the
						  production of certain chlorinated aliphatic hydrocarbons by free radical
						  catalyzed processes. These chlorinated aliphatic hydrocarbons are those having
						  carbon chain lengths ranging from one to and including five, with varying
						  amounts and positions of chlorine substitution. (This listing does not include
						  wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed
						  in §261.31 or §261.32.)
(T)
F025
Condensed light ends, spent filters and filter aids,
						  and spent desiccant wastes from the production of certain chlorinated aliphatic
						  hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic
						  hydrocarbons are those having carbon chain lengths ranging from one to and
						  including five, with varying amounts and positions of chlorine
						  substitution
(T)
F026
Wastes (except wastewater and spent carbon from
						  hydrogen chloride purification) from the production of materials on equipment
						  previously used for the manufacturing use (as a reactant, chemical
						  intermediate, or component in a formulating process) of tetra-, penta-, or
						  hexachlorobenzene under alkaline conditions
(H)
F027
Discarded unused formulations containing tri-, tetra-,
						  or pentachlorophenol or discarded unused formulations containing compounds
						  derived from these chlorophenols. (This listing does not include formulations
						  containing Hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol
						  as the sole component.)
(H)
F028
Residues resulting from the incineration or thermal
						  treatment of soil contaminated with EPA Hazardous Waste Nos. F020, F021, F022,
						  F023, F026, and F027
(T)
F032
Wastewaters (except those that have not come into
						  contact with process contaminants), process residuals, preservative drippage,
						  and spent formulations from wood preserving processes generated at plants that
						  currently use or have previously used chlorophenolic formulations (except
						  potentially cross-contaminated wastes that have had the F032 waste code deleted
						  in accordance with §261.35 of this chapter or potentially
						  cross-contaminated wastes that are otherwise currently regulated as hazardous
						  wastes (i.e., F034 or F035), and where the generator does not resume or
						  initiate use of chlorophenolic formulations). This listing does not include
						  K001 bottom sediment sludge from the treatment of wastewater from wood
						  preserving processes that use creosote and/or pentachlorophenol
(T)
F034
Wastewaters (except those that have not come into
						  contact with process contaminants), process residuals, preservative drippage,
						  and spent formulations from wood preserving processes generated at plants that
						  use creosote formulations. This listing does not include K001 bottom sediment
						  sludge from the treatment of wastewater from wood preserving processes that use
						  creosote and/or pentachlorophenol
(T)
F035
Wastewaters (except those that have not come into
						  contact with process contaminants), process residuals, preservative drippage,
						  and spent formulations from wood preserving processes generated at plants that
						  use inorganic preservatives containing arsenic or chromium. This listing does
						  not include K001 bottom sediment sludge from the treatment of wastewater from
						  wood preserving processes that use creosote and/or pentachlorophenol
(T)
F037
Petroleum refinery primary oil/water/solids separation
						  sludge-Any sludge generated from the gravitational separation of
						  oil/water/solids during the storage or treatment of process wastewaters and
						  oily cooling wastewaters from petroleum refineries. Such sludges include, but
						  are not limited to, those generated in oil/water/solids separators; tanks and
						  impoundments; ditches and other conveyances; sumps; and stormwater units
						  receiving dry weather flow. Sludge generated in stormwater units that do not
						  receive dry weather flow, sludges generated from non-contact once-through
						  cooling waters segregated for treatment from other process or oily cooling
						  waters, sludges generated in aggressive biological treatment units as defined
						  in §261.31(b)(2) (including sludges generated in one or more additional
						  units after wastewaters have been treated in aggressive biological treatment
						  units) and K051 wastes are not included in this listing. This listing does
						  include residuals generated from processing or recycling oil-bearing hazardous
						  secondary materials excluded under §261.4(a)(12)(i), if those residuals
						  are to be disposed of
(T)
F038
Petroleum refinery secondary (emulsified)
						  oil/water/solids separation sludge-Any sludge and/or float generated from the
						  physical and/or chemical separation of oil/water/solids in process wastewaters
						  and oily cooling wastewaters from petroleum refineries. Such wastes include,
						  but are not limited to, all sludges and floats generated in: induced air
						  flotation (IAF) units, tanks and impoundments, and all sludges generated in DAF
						  units. Sludges generated in stormwater units that do not receive dry weather
						  flow, sludges generated from non-contact once-through cooling waters segregated
						  for treatment from other process or oily cooling waters, sludges and floats
						  generated in aggressive biological treatment units as defined in
						  §261.31(b)(2) (including sludges and floats generated in one or more
						  additional units after wastewaters have been treated in aggressive biological
						  treatment units) and F037, K048, and K051 wastes are not included in this
						  listing
(T)
F039
Leachate (liquids that have percolated through land
						  disposed wastes) resulting from the disposal of more than one restricted waste
						  classified as hazardous under subpart D of this part. (Leachate resulting from
						  the disposal of one or more of the following EPA Hazardous Wastes and no other
						  Hazardous Wastes retains its EPA Hazardous Waste Number(s): F020, F021, F022,
						  F026, F027, and/or F028.)
(T)
FOOTNOTE: *(I,T) should be used to specify mixtures that are
				ignitable and contain toxic constituents.
(b) Listing Specific Definitions:
(1) For the purposes of the F037 and F038
			 listings, oil/water/solids is defined as oil and/or water and/or
			 solids.
(2)
(i) For the purposes of the F037 and F038
			 listings, aggressive biological treatment units are defined as units which
			 employ one of the following four treatment methods: activated sludge; trickling
			 filter; rotating biological contactor for the continuous accelerated biological
			 oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system
			 of surface impoundments or tanks, in which intense mechanical aeration is used
			 to completely mix the wastes, enhance biological activity, and
(A) the units employ a minimum of 6 hp per
			 million gallons of treatment volume; and either
(B) the hydraulic retention time of the unit
			 is no longer than 5 days; or
(C)
			 the hydraulic retention time is no longer than 30 days and the unit does not
			 generate a sludge that is a hazardous waste by the Toxicity
			 Characteristic.
(ii)
			 Generators and treatment, storage and disposal facilities have the burden of
			 proving that their sludges are exempt from listing as F037 and F038 wastes
			 under this definition. Generators and treatment, storage and disposal
			 facilities must maintain, in their operating or other onsite records, documents
			 and data sufficient to prove that:
(A) the
			 unit is an aggressive biological treatment unit as defined in this subsection;
			 and
(B) the sludges sought to be
			 exempted from the definitions of F037 and/or F038 were actually treated in the
			 aggressive biological treatment unit.
(3)
(i) For
			 the purposes of the F037 listing, sludges are considered to be generated at the
			 moment of deposition in the unit, where deposition is defined as at least a
			 temporary cessation of lateral particle movement.
(ii) For the purposes of the F038 listing,
(A) sludges are considered to be generated at
			 the moment of deposition in the unit, where deposition is defined as at least a
			 temporary cessation of lateral particle movement and
(B) floats are considered to be generated at
			 the moment they are formed in the top of the unit.
(4) For the purposes of the F019
			 listing, the following apply to wastewater treatment sludges from the
			 manufacturing of motor vehicles using a zinc phosphating process.
(i) Motor vehicle manufacturing is defined to
			 include the manufacture of automobiles and light trucks/utility vehicles
			 (including light duty vans, pick-up trucks, minivans, and sport utility
			 vehicles). Facilities must be engaged in manufacturing complete vehicles (body
			 and chassis or unibody) or chassis only.
(ii) Generators must maintain in their
			 on-site records documentation and information sufficient to prove that the
			 wastewater treatment sludges to be exempted from the F019 listing meet the
			 conditions of the listing. These records must include: the volume of waste
			 generated and disposed of off site; documentation showing when the waste
			 volumes were generated and sent off site; the name and address of the receiving
			 facility; and documentation confirming receipt of the waste by the receiving
			 facility. Generators must maintain these documents on site for no less than
			 three years. The retention period for the documentation is automatically
			 extended during the course of any enforcement action or as requested by the
			 Director.
§
			 261.32
Hazardous wastes from specific sources
(a) The following solid wastes are listed
			 hazardous wastes from specific sources unless they are excluded under
			 §§ 260.20 and 260.22 and listed in Appendix IX.
Industry and EPAhazardous waste
No.
Hazardous waste
Hazard code
Wood preservation: K001
Bottom sediment sludge from the treatment of
						  wastewaters from wood preserving processes that use creosote and/or
						  pentachlorophenol
(T)
Inorganic pigments:
K002
Wastewater treatment sludge from the production of
						  chrome yellow and orange pigments
(T)
K003
Wastewater treatment sludge from the production of
						  molybdate orange pigments
(T)
K004
Wastewater treatment sludge from the production of zinc
						  yellow pigments
(T)
K005
Wastewater treatment sludge from the production of
						  chrome green pigments
(T)
K006
Wastewater treatment sludge from the production of
						  chrome oxide green pigments (anhydrous and hydrated)
(T)
K007
Wastewater treatment sludge from the production of iron
						  blue pigments
(T)
K008
Oven residue from the production of chrome oxide green
						  pigments
(T)
Organic chemicals:
K009
Distillation bottoms from the production of
						  acetaldehyde from ethylene
(T)
K010
Distillation side cuts from the production of
						  acetaldehyde from ethylene
(T)
K011
Bottom stream from the wastewater stripper in the
						  production of acrylonitrile
(R, T)
K013
Bottom stream from the acetonitrile column in the
						  production of acrylonitrile
(R, T)
K014
Bottoms from the acetonitrile purification column in
						  the production of acrylonitrile
(T)
K015
Still bottoms from the distillation of benzyl
						  chloride
(T)
K016
Heavy ends or distillation residues from the production
						  of carbon tetrachloride
(T)
K017
Heavy ends (still bottoms) from the purification column
						  in the production of epichlorohydrin
(T)
K018
Heavy ends from the fractionation column in ethyl
						  chloride production
(T)
K019
Heavy ends from the distillation of ethylene dichloride
						  in ethylene dichloride production
(T)
K020
Heavy ends from the distillation of vinyl chloride in
						  vinyl chloride monomer production
(T)
K021
Aqueous spent antimony catalyst waste from
						  fluoromethanes production
(T)
K022
Distillation bottom tars from the production of
						  phenol/acetone from cumene
(T)
K023
Distillation light ends from the production of phthalic
						  anhydride from naphthalene
(T)
K024
Distillation bottoms from the production of phthalic
						  anhydride from naphthalene
(T)
K025
Distillation bottoms from the production of
						  nitrobenzene by the nitration of benzene
(T)
K026
Stripping still tails from the production of methy
						  ethyl pyridines
(T)
K027
Centrifuge and distillation residues from toluene
						  diisocyanate production
(R, T)
K028
Spent catalyst from the hydrochlorinator reactor in the
						  production of 1,1,1-trichloroethane
(T)
K029
Waste from the product steam stripper in the production
						  of 1,1,1-trichloroethane
(T)
K030
Column bottoms or heavy ends from the combined
						  production of trichloroethylene and perchloroethylene
(T)
K083
Distillation bottoms from aniline production
(T)
K085
Distillation or fractionation column bottoms from the
						  production of chlorobenzenes
(T)
K093
Distillation light ends from the production of phthalic
						  anhydride from ortho-xylene
(T)
K094
Distillation bottoms from the production of phthalic
						  anhydride from ortho-xylene
(T)
K095
Distillation bottoms from the production of
						  1,1,1-trichloroethane
(T)
K096
Heavy ends from the heavy ends column from the
						  production of 1,1,1-trichloroethane
(T)
K103
Process residues from aniline extraction from the
						  production of aniline
(T)
K104
Combined wastewater streams generated from
						  nitrobenzene/aniline production
(T)
K105
Separated aqueous stream from the reactor product
						  washing step in the production of chlorobenzenes
(T)
K107
Column bottoms from product separation from the
						  production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid
						  hydrazides
(C,T)
K108
Condensed column overheads from product separation and
						  condensed reactor vent gases from the production of 1,1-
(I,T)
dimethylhydrazine (UDMH) from carboxylic acid
						  hydrazides
K109
Spent filter cartridges from product purification from
						  the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid
						  hydrazides
(T)
K110
Condensed column overheads from intermediate separation
						  from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid
						  hydrazides
(T)
K111
Product washwaters from the production of
						  dinitrotoluene via nitration of toluene
(C,T)
K112
Reaction by-product water from the drying column in the
						  production of toluenediamine via hydrogenation of dinitrotoluene
(T)
K113
Condensed liquid light ends from the purification of
						  toluenediamine in the production of toluenediamine via hydrogenation of
						  dinitrotoluene
(T)
K114
Vicinals from the purification of toluenediamine in the
						  production of toluenediamine via hydrogenation of dinitrotoluene
(T)
K115
Heavy ends from the purification of toluenediamine in
						  the production of toluenediamine via hydrogenation of dinitrotoluene
(T)
K116
Organic condensate from the solvent recovery column in
						  the production of toluene diisocyanate via phosgenation of
						  toluenediamine
(T)
K117
Wastewater from the reactor vent gas scrubber in the
						  production of ethylene dibromide via bromination of ethene
(T)
K118
Spent adsorbent solids from purification of ethylene
						  dibromide in the production of ethylene dibromide via bromination of
						  ethene
(T)
K136
Still bottoms from the purification of ethylene
						  dibromide in the production of ethylene dibromide via bromination of
						  ethene
(T)
K149
Distillation bottoms from the production of alpha- (or
						  methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides,
						  and compounds with mixtures of these functional groups, (This waste does not
						  include still bottoms from the distillation of benzyl chloride.)
(T)
K150
Organic residuals, excluding spent carbon adsorbent,
						  from the spent chlorine gas and hydrochloric acid recovery processes associated
						  with the production of alpha- (or methyl-) chlorinated toluenes,
						  ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of
						  these functional groups
(T)
K151
Wastewater treatment sludges, excluding neutralization
						  and biological sludges, generated during the treatment of wastewaters from the
						  production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated
						  toluenes, benzoyl chlorides, and compounds with mixtures of these functional
						  groups
(T)
K156
Organic waste (including heavy ends, still bottoms,
						  light ends, spent solvents, filtrates, and decantates) from the production of
						  carbamates and carbamoyl oximes. (This listing does not apply to wastes
						  generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.)
(T)
K157
Wastewaters (including scrubber waters, condenser
						  waters, washwaters, and separation waters) from the production of carbamates
						  and carbamoyl oximes. (This listing does not apply to wastes generated from the
						  manufacture of 3-iodo-2-propynyl n-butylcarbamate.)
(T)
K158
Bag house dusts and filter/separation solids from the
						  production of carbamates and carbamoyl oximes. (This listing does not apply to
						  wastes generated from the manufacture of 3-iodo-2-propynyl
						  n-butylcarbamate.)
(T)
K159
Organics from the treatment of thiocarbamate
						  wastes
(T)
K161
Purification solids (including filtration, evaporation,
						  and centrifugation solids), bag house dust and floor sweepings from the
						  production of dithiocarbamate acids and their salts. (This listing does not
						  include K125 or K126.)
(R,T)
K174
Wastewater treatment sludges from the production of
						  ethylene dichloride or vinyl chloride monomer (including sludges that result
						  from commingled ethylene dichloride or vinyl chloride monomer wastewater and
						  other wastewater), unless the sludges meet the following conditions:
(i) they are disposed of in a subtitle C or
						  non-hazardous landfill licensed or permitted by the state or federal
						  government;
(ii) they are not otherwise placed on the land prior to
						  final disposal; and
(iii) the generator maintains documentation
						  demonstrating that the waste was either disposed of in an on-site landfill or
						  consigned to a transporter or disposal facility that provided a written
						  commitment to dispose of the waste in an off-site landfill. Respondents in any
						  action brought to enforce the requirements of subtitle C must, upon a showing
						  by the government that the respondent managed wastewater treatment sludges from
						  the production of vinyl chloride monomer or ethylene dichloride, demonstrate
						  that they meet the terms of the exclusion set forth above. In doing so, they
						  must provide appropriate documentation (e.g., contracts between the generator
						  and the landfill owner/operator, invoices documenting delivery of waste to
						  landfill, etc.) that the terms of the exclusion were met
(T)
K175
Wastewater treatment sludges from the production of
						  vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based
						  process
(T)
K181
Nonwastewaters from the production of dyes and/or
						  pigments (including nonwastewaters commingled at the point of generation with
						  nonwastewaters from other processes) that, at the point of generation, contain
						  mass loadings of any of the constituents identified in paragraph (c) of this
						  section that are equal to or greater than the corresponding paragraph (c)
						  levels, as determined on a calendar year basis. These wastes will not be
						  hazardous if the nonwastewaters are:
(i) disposed in a Subtitle D landfill unit subject to
						  the design criteria in §258.40,
(ii) disposed in a Subtitle C landfill unit subject to
						  either §264.301 or §265.301,
(iii) disposed in other Subtitle D landfill units that
						  meet the design criteria in §258.40, §264.301, or §265.301,
						  or
(iv) treated in a combustion unit that is permitted
						  under Subtitle C, or an onsite combustion unit that is permitted under the
						  Clean Air Act. For the purposes of this listing, dyes and/or pigments
						  production is defined in paragraph (b)(1) of this section. Paragraph (d) of
						  this section describes the process for demonstrating that a facility's
						  nonwastewaters are not K181. This listing does not apply to wastes that are
						  otherwise identified as hazardous under §§261.21-261.24 and
						  261.31-261.33 at the point of generation. Also, the listing does not apply to
						  wastes generated before any annual mass loading limit is met
(T)
Inorganic chemicals:
K071
Brine purification muds from the mercury cell process
						  in chlorine production, where separately prepurified brine is not used
(T)
K073
Chlorinated hydrocarbon waste from the purification
						  step of the diaphragm cell process using graphite anodes in chlorine
						  production
(T)
K106
Wastewater treatment sludge from the mercury cell
						  process in chlorine production
(T)
K176
Baghouse filters from the production of antimony oxide,
						  including filters from the production of intermediates (e.g., antimony metal or
						  crude antimony oxide)
(E)
K177
Slag from the production of antimony oxide that is
						  speculatively accumulated or disposed, including slag from the production of
						  intermediates (e.g., antimony metal or crude antimony oxide)
(T)
K178
Residues from manufacturing and manufacturing-site
						  storage of ferric chloride from acids formed during the production of titanium
						  dioxide using the chloride-ilmenite process
(T)
Pesticides:
K031
By-product salts generated in the production of MSMA
						  and cacodylic acid
(T)
K032
Wastewater treatment sludge from the production of
						  chlordane
(T)
K033
Wastewater and scrub water from the chlorination of
						  cyclopentadiene in the production of chlordane
(T)
K034
Filter solids from the filtration of
						  hexachlorocyclopentadiene in the production of chlordane
(T)
K035
Wastewater treatment sludges generated in the
						  production of creosote
(T)
K036
Still bottoms from toluene reclamation distillation in
						  the production of disulfoton
(T)
K037
Wastewater treatment sludges from the production of
						  disulfoton
(T)
K038
Wastewater from the washing and stripping of phorate
						  production
(T)
K039
Filter cake from the filtration of
						  diethylphosphorodithioic acid in the production of phorate
(T)
K040
Wastewater treatment sludge from the production of
						  phorate
(T)
K041
Wastewater treatment sludge from the production of
						  toxaphene
(T)
K042
Heavy ends or distillation residues from the
						  distillation of tetrachlorobenzene in the production of 2,4,5-T
(T)
K043
2,6-Dichlorophenol waste from the production of
						  2,4-D
(T)
K097
Vacuum stripper discharge from the chlordane
						  chlorinator in the production of chlordane
(T)
K098
Untreated process wastewater from the production of
						  toxaphene
(T)
K099
Untreated wastewater from the production of
						  2,4-D
(T)
K123
Process wastewater (including supernates, filtrates,
						  and washwaters) from the production of ethylenebisdithiocarbamic acid and its
						  salt
(T)
K124
Reactor vent scrubber water from the production of
						  ethylenebisdithiocarbamic acid and its salts
(C, T)
K125
Filtration, evaporation, and centrifugation solids from
						  the production of ethylenebisdithiocarbamic acid and its salts
(T)
K126
Baghouse dust and floor sweepings in milling and
						  packaging operations from the production or formulation of
						  ethylenebisdithiocarbamic acid and its salts
(T)
K131
Wastewater from the reactor and spent sulfuric acid
						  from the acid dryer from the production of methyl bromide
(C, T)
K132
Spent absorbent and wastewater separator solids from
						  the production of methyl bromide
(T)
Explosives:
K044
Wastewater treatment sludges from the manufacturing and
						  processing of explosives
(R)
K045
Spent carbon from the treatment of wastewater
						  containing explosives
(R)
K046
Wastewater treatment sludges from the manufacturing,
						  formulation and loading of lead-based initiating compounds
(T)
K047
Pink/red water from TNT operations
(R)
Petroleum refining:
K048
Dissolved air flotation (DAF) float from the petroleum
						  refining industry
(T)
K049
Slop oil emulsion solids from the petroleum refining
						  industry
(T)
K050
Heat exchanger bundle cleaning sludge from the
						  petroleum refining industry
(T)
K051
API separator sludge from the petroleum refining
						  industry
(T)
K052
Tank bottoms (leaded) from the petroleum refining
						  industry
(T)
K169
Crude oil storage tank sediment from petroleum refining
						  operations
(T)
K170
Clarified slurry oil tank sediment and/or in-line
						  filter/separation solids from petroleum refining operations
(T)
K171
Spent Hydrotreating catalyst from petroleum refining
						  operations, including guard beds used to desulfurize feeds to other catalytic
						  reactors (this listing does not include inert support media)
(I,T)
K172
Spent Hydrorefining catalyst from petroleum refining
						  operations, including guard beds used to desulfurize feeds to other catalytic
						  reactors (this listing does not include inert support media)
(I,T)
Iron and steel:
K061
Emission control dust/sludge from the primary
						  production of steel in electric furnaces
(T)
K062
Spent pickle liquor generated by steel finishing
						  operations of facilities within the iron and steel industry (SIC Codes 331 and
						  332)
(C,T)
Primary aluminum:
K088
Spent potliners from primary aluminum reduction
(T)
Secondary lead:
K069
Emission control dust/sludge from secondary lead
						  smelting. (Note: This listing is stayed administratively for sludge generated
						  from secondary acid scrubber systems. The stay will remain in effect until
						  further administrative action is taken. If EPA takes further action effecting
						  this stay, EPA will publish a notice of the action in the Federal
						  Register)
(T)
K100
Waste leaching solution from acid leaching of emission
						  control dust/sludge from secondary lead smelting
(T)
Veterinary pharmaceuticals:
K084
Wastewater treatment sludges generated during the
						  production of veterinary pharmaceuticals from arsenic or organo-arsenic
						  compounds
(T)
K101
Distillation tar residues from the distillation of
						  aniline-based compounds in the production of veterinary pharmaceuticals from
						  arsenic or organo-arsenic compounds
(T)
K102
Residue from the use of activated carbon for
						  decolorization in the production of veterinary pharmaceuticals from arsenic or
						  organo-arsenic compounds
(T)
Ink formulation:
K086
Solvent washes and sludges, caustic washes and sludges,
						  or water washes and sludges from cleaning tubs and equipment used in the
						  formulation of ink from pigments, driers, soaps, and stabilizers containing
						  chromium and lead
(T)
Coking:
K060
Ammonia still lime sludge from coking operations
(T)
K087
Decanter tank tar sludge from coking operations
(T)
K141
Process residues from the recovery of coal tar,
						  including, but not limited to, collecting sump residues from the production of
						  coke from coal or the recovery of coke by-products produced from coal. This
						  listing does not include K087 (decanter tank tar sludges from coking
						  operations)
(T)
K142
Tar storage tank residues from the production of coke
						  from coal or from the recovery of coke by-products produced from coal
(T)
K143
Process residues from the recovery of light oil,
						  including, but not limited to, those generated in stills, decanters, and wash
						  oil recovery units from the recovery of coke by-products produced from
						  coal
(T)
K144
Wastewater sump residues from light oil refining,
						  including, but not limited to, intercepting or contamination sump sludges from
						  the recovery of coke by-products produced from coal
(T)
K145
Residues from naphthalene collection and recovery
						  operations from the recovery of coke by-products produced from coal
(T)
K147
Tar storage tank residues from coal tar refining
(T)
K148
Residues from coal tar distillation, including but not
						  limited to, still bottoms
(T)
(b)
Listing Specific Definitions
:
(1) For the purposes of the K181 listing,
			 dyes and/or pigments production is defined to include manufacture of the
			 following product classes: dyes, pigments, or FDA certified colors that are
			 classified as azo, triarylmethane, perylene or anthraquinone classes. Azo
			 products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and
			 pyrazolone products. Triarylmethane products include both triarylmethane and
			 triphenylmethane products. Wastes that are not generated at a dyes and/ or
			 pigments manufacturing site, such as wastes from the offsite use, formulation,
			 and packaging of dyes and/or pigments, are not included in the K181
			 listing.
(c) K181
			 Listing Levels. Nonwastewaters containing constituents in amounts equal to or
			 exceeding the following levels during any calendar year are subject to the K181
			 listing, unless the conditions in the K181 listing are met.
Constituent __________________
Chemical Abstracts No. ____________
Mass levels (kg/yr) _________________
Aniline
62-53-3
9,300
o-Anisidine
90-04-0
110
4-Chloroaniline
106-47-8
4,800
p-Cresidine
120-71-8
660
2,4-Dimethylaniline
95-68-1
100
1,2-Phenylenediamine
95-54-5
710
1,3-Phenylenediamine
108-45-2
1,200
(d)
			 Procedures for demonstrating that dyes and/or pigment nonwastewaters are not
			 K181. The procedures described in paragraphs (d)(1)-(d)(3) and (d)(5) of this
			 section establish when nonwastewaters from the production of dyes/pigments
			 would not be hazardous (these procedures apply to wastes that are not disposed
			 in landfill units or treated in combustion units as specified in paragraph (a)
			 of this section). If the nonwastewaters are disposed in landfill units or
			 treated in combustion units as described in paragraph (a) of this section, then
			 the nonwastewaters are not hazardous. In order to demonstrate that it is
			 meeting the landfill disposal or combustion conditions contained in the K181
			 listing description, the generator must maintain documentation as described in
			 paragraph (d)(4) of this section.
(1)
			 Determination based on no K181 constituents. Generators that have knowledge
			 (e.g., knowledge of constituents in wastes based on prior sampling and analysis
			 data and/or information about raw materials used, production processes used,
			 and reaction and degradation products formed) that their wastes contain none of
			 the K181 constituents (see paragraph (c) of this section) can use their
			 knowledge to determine that their waste is not K181. The generator must
			 document the basis for all such determinations on an annual basis and keep each
			 annual documentation for three years.
(2) Determination for generated quantities of
			 1,000 MT/yr or less for wastes that contain K181 constituents. If the total
			 annual quantity of dyes and/or pigment nonwastewaters generated is 1,000 metric
			 tons or less, the generator can use knowledge of the wastes (e.g., knowledge of
			 constituents in wastes based on prior analytical data and/or information about
			 raw materials used, production processes used, and reaction and degradation
			 products formed) to conclude that annual mass loadings for the K181
			 constituents are below the listing levels of paragraph (c) of this section. To
			 make this determination, the generator must:
(i) Each year document the basis for
			 determining that the annual quantity of nonwastewaters expected to be generated
			 will be less than 1,000 metric tons.
(ii) Track the actual quantity of
			 nonwastewaters generated from January 1 through December 31 of each year. If,
			 at any time within the year, the actual waste quantity exceeds 1,000 metric
			 tons, the generator must comply with the requirements of paragraph (d)(3) of
			 this section for the remainder of the year.
(iii) Keep a running total of the K181
			 constituent mass loadings over the course of the calendar year.
(iv) Keep the following records on site for
			 the three most recent calendar years in which the hazardous waste
			 determinations are made:
(A) The quantity of
			 dyes and/or pigment nonwastewaters generated.
(B) The relevant process information
			 used.
(C) The calculations
			 performed to determine annual total mass loadings for each K181 constituent in
			 the nonwastewaters during the year.
(3) Determination for generated quantities
			 greater than 1,000 MT/yr for wastes that contain K181 constituents. If the
			 total annual quantity of dyes and/or pigment nonwastewaters generated is
			 greater than 1,000 metric tons, the generator must perform all of the steps
			 described in paragraphs ((d)(3)(i)-(d)(3)(xi) of this section) in order to make
			 a determination that its waste is not K181.
(i) Determine which K181 constituents (see
			 paragraph (c) of this section) are reasonably expected to be present in the
			 wastes based on knowledge of the wastes (e.g., based on prior sampling and
			 analysis data and/or information about raw materials used, production processes
			 used, and reaction and degradation products formed).
(ii) If 1,2-phenylenediamine is present in
			 the wastes, the generator can use either knowledge or sampling and analysis
			 procedures to determine the level of this constituent in the wastes. For
			 determinations based on use of knowledge, the generator must comply with the
			 procedures for using knowledge described in paragraph (d)(2) of this section
			 and keep the records described in paragraph (d)(2)(iv) of this section. For
			 determinations based on sampling and analysis, the generator must comply with
			 the sampling and analysis and recordkeeping requirements described below in
			 this section.
(iii) Develop a waste
			 sampling and analysis plan (or modify an existing plan) to collect and analyze
			 representative waste samples for the K181 constituents reasonably expected to
			 be present in the wastes. At a minimum, the plan must include:
(A) A discussion of the number of samples
			 needed to characterize the wastes fully;
(B) The planned sample collection method to
			 obtain representative waste samples;
(C) A discussion of how the sampling plan
			 accounts for potential temporal and spatial variability of the
			 wastes.
(D) A detailed description
			 of the test methods to be used, including sample preparation, clean up (if
			 necessary), and determinative methods.
(iv) Collect and analyze samples in
			 accordance with the waste sampling and analysis plan.
(A) The sampling and analysis must be
			 unbiased, precise, and representative of the wastes.
(B) The analytical measurements must be
			 sufficiently sensitive, accurate and precise to support any claim that the
			 constituent mass loadings are below the listing levels of paragraph (c) of this
			 section.
(v) Record the
			 analytical results.
(vi) Record the
			 waste quantity represented by the sampling and analysis results.
(vii) Calculate constituent-specific mass
			 loadings (product of concentrations and waste quantity).
(viii) Keep a running total of the K181
			 constituent mass loadings over the course of the calendar year.
(ix) Determine whether the mass of any of the
			 K181 constituents listed in paragraph (c) of this section generated between
			 January 1 and December 31 of any year is below the K181 listing
			 levels.
(x) Keep the following
			 records on site for the three most recent calendar years in which the hazardous
			 waste determinations are made:
(A) The
			 sampling and analysis plan.
(B) The
			 sampling and analysis results (including QA/QC data)
(C) The quantity of dyes and/or pigment
			 nonwastewaters generated.
(D) The
			 calculations performed to determine annual mass loadings.
(xi) Nonhazardous waste determinations must
			 be conducted annually to verify that the wastes remain nonhazardous.
(A) The annual testing requirements are
			 suspended after three consecutive successful annual demonstrations that the
			 wastes are nonhazardous. The generator can then use knowledge of the wastes to
			 support subsequent annual determinations.
(B) The annual testing requirements are
			 reinstated if the manufacturing or waste treatment processes generating the
			 wastes are significantly altered, resulting in an increase of the potential for
			 the wastes to exceed the listing levels.
(C) If the annual testing requirements are
			 suspended, the generator must keep records of the process knowledge information
			 used to support a nonhazardous determination. If testing is reinstated, a
			 description of the process change must be retained.
(4) Recordkeeping for the landfill
			 disposal and combustion exemptions. For the purposes of meeting the landfill
			 disposal and combustion condition set out in the K181 listing description, the
			 generator must maintain on site for three years documentation demonstrating
			 that each shipment of waste was received by a landfill unit that is subject to
			 or meets the landfill design standards set out in the listing description, or
			 was treated in combustion units as specified in the listing
			 description.
(5) Waste holding and
			 handling. During the interim period, from the point of generation to completion
			 of the hazardous waste determination, the generator is responsible for storing
			 the wastes appropriately. If the wastes are determined to be hazardous and the
			 generator has not complied with the subtitle C requirements during the interim
			 period, the generator could be subject to an enforcement action for improper
			 management.
§
			 261.33
Discarded commercial chemical products,
			 off-specification species, container residues, and spill residues
			 thereof
The following materials or items are hazardous wastes if and
				when they are discarded or intended to be discarded as described in §
				261.2(a)(2)(i), when they are mixed with waste oil or used oil or other
				material and applied to the land for dust suppression or road treatment, when
				they are otherwise applied to the land in lieu of their original intended use
				or when they are contained in products that are applied to the land in lieu of
				their original intended use, or when, in lieu of their original intended use,
				they are produced for use as (or as a component of) a fuel, distributed for use
				as a fuel, or burned as a fuel.
(a) Any
			 commercial chemical product, or manufacturing chemical intermediate having the
			 generic name listed in paragraph (e) or (f) of this section.
(b) Any off-specification commercial chemical
			 product or manufacturing chemical intermediate which, if it met specifications,
			 would have the generic name listed in paragraph (e) or (f) of this
			 section.
(c) Any residue remaining
			 in a container or in an inner liner removed from a container that has held any
			 commercial chemical product or manufacturing chemical intermediate having the
			 generic name listed in paragraphs (e) or (f) of this section, unless the
			 container is empty as defined in § 261.7(b) of this rule.
Comment: Unless the residue is being beneficially used or
				reused, or legitimately recycled or reclaimed; or being accumulated, stored,
				transported or treated prior to such use, re-use, recycling or reclamation, the
				Division considers the residue to be intended for discard, and thus, a
				hazardous waste. An example of a legitimate re-use of the residue would be
				where the residue remains in the container and the container is used to hold
				the same commercial chemical product or manufacturing chemical intermediate it
				previously held. An example of the discard of the residue would be where the
				drum is sent to a drum reconditioner who reconditions the drum but discards the
				residue.
(d) Any residue or
			 contaminated soil, water or other debris resulting from the cleanup of a spill
			 into or on any land or water of any commercial chemical product or
			 manufacturing chemical intermediate having the generic name listed in paragraph
			 (e) or (f) of this section, or any residue or contaminated soil, water or other
			 debris resulting from the cleanup of a spill, into or on any land or water, of
			 any off-specification chemical product and manufacturing chemical intermediate
			 which, if it met specifications, would have the generic name listed in
			 paragraph (e) or (f) of this section.
Comment: The phrase "commercial chemical product or
				manufacturing chemical intermediate having the generic name listed in ..."
				refers to a chemical substance which is manufactured or formulated for
				commercial or manufacturing use which consists of the commercially pure grade
				of the chemical, any technical grades of the chemical that are produced or
				marketed, and all formulations in which the chemical is the sole active
				ingredient. It does not refer to a material, such as a manufacturing process
				waste, that contains any of the substances listed in paragraph (e) or (f).
				Where a manufacturing process waste is deemed to be a hazardous waste because
				it contains a substance listed in paragraph (e) or (f), such waste will be
				listed in either § 261.31 or § 261.32 or will be identified as a
				hazardous waste by the characteristics set forth in subsection C of this
				section.
(e) The commercial
			 chemical products, manufacturing chemical intermediates or off-specification
			 commercial chemical products or manufacturing chemical inter-mediates referred
			 to in paragraphs (a) through (d) of this section, are identified as acute
			 hazardous wastes (H).
Comment: For the convenience of the regulated community the
				primary hazardous properties of these materials have been indicated by the
				letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that
				the compound only is listed for acute toxicity. Wastes are first listed in
				alphabetical order by substance and then listed again in numerical order by
				Hazardous Waste Number.
Hazardous waste No.
Chemical abstracts No.
Substance
P023
107-20-0
Acetaldehyde, chloro-
P002
591-08-2
Acetamide, N-(aminothioxomethyl)-
P057
640-19-7
Acetamide, 2-fluoro-
P058
62-74-8
Acetic acid, fluoro-, sodium salt
P002
591-08-2
1-Acetyl-2-thiourea
P003
107-02-8
Acrolein
P070
116-06-3
Aldicarb
P203
1646-88-4
Aldicarb sulfone.
P004
309-00-2
Aldrin
P005
107-18-6
Allyl alcohol
P006
20859-73-8
Aluminum phosphide (R,T)
P007
2763-96-4
5-(Aminomethyl)-3-isoxazolol
P008
504-24-5
4-Aminopyridine
P009
131-74-8
Ammonium picrate (R)
P119
7803-55-6
Ammonium vanadate
P099
506-61-6
Argentate(1-), bis(cyano-C)-, potassium
P010
7778-39-4
Arsenic acid H3
						  AsO4
P012
1327-53-3
Arsenic oxide As2
						  O3
P011
1303-28-2
Arsenic oxide As2
						  O5
P011
1303-28-2
Arsenic pentoxide
P012
1327-53-3
Arsenic trioxide
P038
692-42-2
Arsine, diethyl-
P036
696-28-6
Arsonous dichloride, phenyl-
P054
151-56-4
Aziridine
P067
75-55-8
Aziridine, 2-methyl-
P013
542-62-1
Barium cyanide
P024
106-47-8
Benzenamine, 4-chloro-
P077
100-01-6
Benzenamine, 4-nitro-
P028
100-44-7
Benzene, (chloromethyl)-
P042
51-43-4
1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-,
						  (R)-
P046
122-09-8
Benzeneethanamine, alpha,alpha-dimethyl-
P014
108-98-5
Benzenethiol
P127
1563-66-2
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-,
						  methylcarbamate.
P188
57-64-7
Benzoic acid, 2-hydroxy-, compd. with
						  (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl
						  methylcarbamate ester (1:1).
P001
181-81-2
2H-1-Benzopyran-2-one,
						  4-hydroxy-3-(3-oxo-1-phenylbutyl)-, & salts, when present at concentrations
						  greater than 0.3%
P028
100-44-7
Benzyl chloride
P015
7440-41-7
Beryllium powder
P017
598-31-2
Bromoacetone
P018
357-57-3
Brucine
P045
39196-18-4
2-Butanone, 3,3-dimethyl-1-(methylthio)-,
						  O-[(methylamino)carbonyl] oxime
P021
592-01-8
Calcium cyanide
P021
592-01-8
Calcium cyanide Ca(CN)2
P189
55285-14-8
Carbamic acid, [(dibutylamino)- thio]methyl-,
						  2,3-dihydro-2,2-dimethyl- 7-benzofuranyl ester.
P191
644-64-4
Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]-
						  5-methyl-1H- pyrazol-3-yl ester.
P192
119-38-0
Carbamic acid, dimethyl-, 3-methyl-1-
						  (1-methylethyl)-1H- pyrazol-5-yl ester.
P190
1129-41-5
Carbamic acid, methyl-, 3-methylphenyl ester.
P127
1563-66-2
Carbofuran.
P022
75-15-0
Carbon disulfide
P095
75-44-5
Carbonic dichloride
P189
55285-14-8
Carbosulfan.
P023
107-20-0
Chloroacetaldehyde
P024
106-47-8
p-Chloroaniline
P026
5344-82-1
1-(o-Chlorophenyl)thiourea
P027
542-76-7
3-Chloropropionitrile
P029
544-92-3
Copper cyanide
P029
544-92-3
Copper cyanide Cu(CN)
P202
64-00-6
m-Cumenyl methylcarbamate.
P030
Cyanides (soluble cyanide salts), not otherwise
						  specified
P031
460-19-5
Cyanogen
P033
506-77-4
Cyanogen chloride
P033
506-77-4
Cyanogen chloride (CN)Cl
P034
131-89-5
2-Cyclohexyl-4,6-dinitrophenol
P016
542-88-1
Dichloromethyl ether
P036
696-28-6
Dichlorophenylarsine
P037
60-57-1
Dieldrin
P038
692-42-2
Diethylarsine
P041
311-45-5
Diethyl-p-nitrophenyl phosphate
P040
297-97-2
O,O-Diethyl O-pyrazinyl phosphorothioate
P043
55-91-4
Diisopropylfluorophosphate (DFP)
-30
P004
309-00-2
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-
						  chloro-1,4,4a,5,8,8a,-hexahydro-,
						  (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)-
P060
465-73-6
1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-
						  chloro-1,4,4a,5,8,8a-hexahydro-,
						  (1alpha,4alpha,4abeta,5beta,8beta,8abeta)-
P037
60-57-1
2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
						  3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,
						  (1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta, 7aalpha)-
P051
172-20-8
2,7:3,6-Dimethanonaphth [2,3-b]oxirene,
						  3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,(1aalpha,2beta,2abeta,3alpha,6alpha,6abeta,7beta,
						  7aalpha)-, & metabolites
P044
60-51-5
Dimethoate
P046
122-09-8
alpha,alpha-Dimethylphenethylamine
P191
644-64-4
Dimetilan.
P047
1534-52-1
4,6-Dinitro-o-cresol, & salts
P048
51-28-5
2,4-Dinitrophenol
P020
88-85-7
Dinoseb
P085
152-16-9
Diphosphoramide, octamethyl-
P111
107-49-3
Diphosphoric acid, tetraethyl ester
P039
298-04-4
Disulfoton
P049
541-53-7
Dithiobiuret
P185
26419-73-8
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-
						  [(methylamino)-carbonyl]oxime.
P050
115-29-7
Endosulfan
P088
145-73-3
Endothall
P051
72-20-8
Endrin
P051
72-20-8
Endrin, & metabolites
P042
51-43-4
Epinephrine
P031
460-19-5
Ethanedinitrile
P194
23135-22-0
Ethanimidothioic acid,
						  2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester.
P066
16752-77-5
Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-,
						  methyl ester
P101
107-12-0
Ethyl cyanide
P054
151-56-4
Ethyleneimine
P097
52-85-7
Famphur
P056
7782-41-4
Fluorine
P057
640-19-7
Fluoroacetamide
P058
62-74-8
Fluoroacetic acid, sodium salt
P198
23422-53-9
Formetanate hydrochloride.
P197
17702-57-7
Formparanate.
P065
628-86-4
Fulminic acid, mercury(2 + ) salt (R,T)
P059
76-44-8
Heptachlor
P062
757-58-4
Hexaethyl tetraphosphate
P116
79-19-6
Hydrazinecarbothioamide
P068
60-34-4
Hydrazine, methyl-
P063
74-90-8
Hydrocyanic acid
P063
74-90-8
Hydrogen cyanide
P096
7803-51-2
Hydrogen phosphide
P060
465-73-6
Isodrin
P192
119-38-0
Isolan.
P202
64-00-6
3-Isopropylphenyl N-methylcarbamate.
P007
2763-96-4
3(2H)-Isoxazolone, 5-(aminomethyl)-
P196
15339-36-3
Manganese, bis(dimethylcarbamodithioato-S,S')-,
P196
15339-36-3
Manganese dimethyldithiocarbamate.
P092
62-38-4
Mercury, (acetato-O)phenyl-
P065
628-86-4
Mercury fulminate (R,T)
P082
62-75-9
Methanamine, N-methyl-N-nitroso-
P064
624-83-9
Methane, isocyanato-
P016
542-88-1
Methane, oxybis[chloro-
P112
509-14-8
Methane, tetranitro- (R)
P118
75-70-7
Methanethiol, trichloro-
P198
23422-53-9
Methanimidamide,
						  N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-,
						  monohydrochloride.
P197
17702-57-7
Methanimidamide,
						  N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-
P050
115-29-7
6,9-Methano-2,4,3-benzodioxathiepin,
						  6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide
P059
76-44-8
4,7-Methano-1H-indene,
						  1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-
P199
2032-65-7
Methiocarb.
P066
16752-77-5
Methomyl
P068
60-34-4
Methyl hydrazine
P064
624-83-9
Methyl isocyanate
P069
75-86-5
2-Methyllactonitrile
P071
298-00-0
Methyl parathion
P190
1129-41-5
Metolcarb.
P128
315-8-4
Mexacarbate.
P072
86-88-4
alpha-Naphthylthiourea
P073
13463-39-3
Nickel carbonyl
P073
13463-39-3
Nickel carbonyl Ni(CO)4,
						  (T-4)-
P074
557-19-7
Nickel cyanide
P074
557-19-7
Nickel cyanide Ni(CN)2
P075
154-11-5
Nicotine, & salts
P076
10102-43-9
Nitric oxide
P077
100-01-6
p-Nitroaniline
P078
10102-44-0
Nitrogen dioxide
P076
10102-43-9
Nitrogen oxide NO
P078
10102-44-0
Nitrogen oxide NO2
P081
55-63-0
Nitroglycerine (R)
P082
62-75-9
N-Nitrosodimethylamine
P084
4549-40-0
N-Nitrosomethylvinylamine
P085
152-16-9
Octamethylpyrophosphoramide
P087
20816-12-0
Osmium oxide OsO4, (T-4)-
P087
20816-12-0
Osmium tetroxide
P088
145-73-3
7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid
P194
23135-22-0
Oxamyl.
P089
56-38-2
Parathion
P034
131-89-5
Phenol, 2-cyclohexyl-4,6-dinitro-
P048
51-28-5
Phenol, 2,4-dinitro-
P047
1534-52-1
Phenol, 2-methyl-4,6-dinitro-, & salts
P020
88-85-7
Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P009
131-74-8
Phenol, 2,4,6-trinitro-, ammonium salt (R)
P128
315-18-4
Phenol, 4-(dimethylamino)-3,5-dimethyl-,
						  methylcarbamate (ester).
P199
2032-65-7
Phenol, (3,5-dimethyl-4-(methylthio)-,
						  methylcarbamate
P202
64-00-6
Phenol, 3-(1-methylethyl)-, methyl carbamate.
P201
2631-37-0
Phenol, 3-methyl-5-(1-methylethyl)-, methyl
						  carbamate.
P092
62-38-4
Phenylmercury acetate
P093
103-85-5
Phenylthiourea
P094
298-02-2
Phorate
P095
75-44-5
Phosgene
P096
7803-51-2
Phosphine
P041
311-45-5
Phosphoric acid, diethyl 4-nitrophenyl ester
P039
298-04-4
Phosphorodithioic acid, O,O-diethyl
						  S-[2-(ethylthio)ethyl] ester
P094
298-02-2
Phosphorodithioic acid, O,O-diethyl
						  S-[(ethylthio)methyl] ester
P044
60-51-5
Phosphorodithioic acid, O,O-dimethyl
						  S-[2-(methylamino)-2-oxoethyl] ester
P043
55-91-4
Phosphorofluoridic acid, bis(1-methylethyl)
						  ester
P089
56-38-2
Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl)
						  ester
P040
297-97-2
Phosphorothioic acid, O,O-diethyl O-pyrazinyl
						  ester
P097
52-85-7
Phosphorothioic acid,
O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl
						  ester
P071
298-00-0
Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl)
						  ester
P204
57-47-6
Physostigmine.
P188
57-64-7
Physostigmine salicylate.
P110
78-00-2
Plumbane, tetraethyl-
P098
151-50-8
Potassium cyanide
P098
151-50-8
Potassium cyanide K(CN)
P099
506-61-6
Potassium silver cyanide
P201
2631-37-0
Promecarb
P070
116-06-3
Propanal, 2-methyl-2-(methylthio)-,
						  O-[(methylamino)carbonyl]oxime
P203
1646-88-4
Propanal, 2-methyl-2-(methyl-sulfonyl)-,
						  O-[(methylamino)carbonyl] oxime.
P101
107-12-0
Propanenitrile
P027
542-76-7
Propanenitrile, 3-chloro-
P069
75-86-5
Propanenitrile, 2-hydroxy-2-methyl-
P081
55-63-0
1,2,3-Propanetriol, trinitrate (R)
P017
598-31-2
2-Propanone, 1-bromo-
P102
107-19-7
Propargyl alcohol
P003
107-02-8
2-Propenal
P005
107-18-6
2-Propen-1-ol
P067
75-55-8
1,2-Propylenimine
P102
107-19-7
2-Propyn-1-ol
P008
504-24-5
4-Pyridinamine
P075
154-11-5
Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, &
						  salts
P204
57-47-6
Pyrrolo[2,3-b]indol-5-ol,
						  1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester),
						  (3aS-cis)-.
P114
12039-52-0
Selenious acid, dithallium(1 + ) salt
P103
630-10-4
Selenourea
P104
506-64-9
Silver cyanide
P104
506-64-9
Silver cyanide Ag(CN)
P105
26628-22-8
Sodium azide
P106
143-33-9
Sodium cyanide
P106
143-33-9
Sodium cyanide Na(CN)
P108
157-24-9
Strychnidin-10-one, & salts
P018
357-57-3
Strychnidin-10-one, 2,3-dimethoxy-
P108
157-24-9
Strychnine, & salts
P115
7446-18-6
Sulfuric acid, dithallium(1 + ) salt
P109
3689-24-5
Tetraethyldithiopyrophosphate
P110
78-00-2
Tetraethyl lead
P111
107-49-3
Tetraethyl pyrophosphate
P112
509-14-8
Tetranitromethane (R)
P062
757-58-4
Tetraphosphoric acid, hexaethyl ester
P113
1314-32-5
Thallic oxide
P113
1314-32-5
Thallium oxide Tl2
						  O3
P114
12039-52-0
Thallium(I) selenite
P115
7446-18-6
Thallium(I) sulfate
P109
3689-24-5
Thiodiphosphoric acid, tetraethyl ester
P045
39196-18-4
Thiofanox
P049
541-53-7
Thioimidodicarbonic diamide [(H2
						  N)C(S)]2 NH
P014
108-98-5
Thiophenol
P116
79-19-6
Thiosemicarbazide
P026
5344-82-1
Thiourea, (2-chlorophenyl)-
P072
86-88-4
Thiourea, 1-naphthalenyl-
P093
103-85-5
Thiourea, phenyl-
P185
26419-73-8
Tirpate.
P123
8001-35-2
Toxaphene
P118
75-70-7
Trichloromethanethiol
P119
7803-55-6
Vanadic acid, ammonium salt
P120
1314-62-1
Vanadium oxide V2
						  O5
P120
1314-62-1
Vanadium pentoxide
P084
4549-40-0
Vinylamine, N-methyl-N-nitroso-
P001
181-81-2
Warfarin, & salts, when present at concentrations
						  greater than 0.3%
P205
137-30-4
Zinc, bis(dimethylcarbamodithioato-S,S')-,
P121
557-21-1
Zinc cyanide
P121
557-21-1
Zinc cyanide Zn(CN)2
P122
1314-84-7
Zinc phosphide Zn3
						  P2, when present at concentrations greater than 10%
						  (R,T)
P205
137-30-4
Ziram.
P001
181-81-2
2H-1-Benzopyran-2-one,
						  4-hydroxy-3-(3-oxo-1-phenylbutyl)-, & salts, when present at concentrations
						  greater than 0.3%
P001
181-81-2
Warfarin, & salts, when present at concentrations
						  greater than 0.3%
P002
591-08-2
Acetamide, -(aminothioxomethyl)-
P002
591-08-2
1-Acetyl-2-thiourea
P003
107-02-8
Acrolein
P003
107-02-8
2-Propenal
P004
309-00-2
Aldrin
P004
309-00-2
1,4,5,8-Dimethanonaphthalene,
						  1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-hexahydro-,
						  (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)-
P005
107-18-6
Allyl alcohol
P005
107-18-6
2-Propen-1-ol
P006
20859-73-8
Aluminum phosphide (R,T)
P007
2763-96-4
5-(Aminomethyl)-3-isoxazolol
P007
2763-96-4
3(2H)-Isoxazolone, 5-(aminomethyl)-
P008
504-24-5
4-Aminopyridine
P008
504-24-5
4-Pyridinamine
P009
131-74-8
Ammonium picrate (R)
P009
131-74-8
Phenol, 2,4,6-trinitro-, ammonium salt (R)
P010
7778-39-4
Arsenic acid H3
						  AsO4
P011
1303-28-2
Arsenic oxide As2
						  O5
P011
1303-28-2
Arsenic pentoxide
P012
1327-53-3
Arsenic oxide As2
						  O3
P012
1327-53-3
Arsenic trioxide
P013
542-62-1
Barium cyanide
P014
108-98-5
Benzenethiol
P014
108-98-5
Thiophenol
P015
7440-41-7
Beryllium powder
P016
542-88-1
Dichloromethyl ether
P016
542-88-1
Methane, oxybis[chloro-
P017
598-31-2
Bromoacetone
P017
598-31-2
2-Propanone, 1-bromo-
P018
357-57-3
Brucine
P018
357-57-3
Strychnidin-10-one, 2,3-dimethoxy-
P020
88-85-7
Dinoseb
P020
88-85-7
Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P021
592-01-8
Calcium cyanide
P021
592-01-8
Calcium cyanide Ca(CN)2
P022
75-15-0
Carbon disulfide
P023
107-20-0
Acetaldehyde, chloro-
P023
107-20-0
Chloroacetaldehyde
P024
106-47-8
Benzenamine, 4-chloro-
P024
106-47-8
p-Chloroaniline
P026
5344-82-1
1-(o-Chlorophenyl)thiourea
P026
5344-82-1
Thiourea, (2-chlorophenyl)-
P027
542-76-7
3-Chloropropionitrile
P027
542-76-7
Propanenitrile, 3-chloro-
P028
100-44-7
Benzene, (chloromethyl)-
P028
100-44-7
Benzyl chloride
P029
544-92-3
Copper cyanide
P029
544-92-3
Copper cyanide Cu(CN)
P030
Cyanides (soluble cyanide salts), not otherwise
						  specified
P031
460-19-5
Cyanogen
P031
460-19-5
Ethanedinitrile
P033
506-77-4
Cyanogen chloride
P033
506-77-4
Cyanogen chloride (CN)Cl
P034
131-89-5
2-Cyclohexyl-4,6-dinitrophenol
P034
131-89-5
Phenol, 2-cyclohexyl-4,6-dinitro-
P036
696-28-6
Arsonous dichloride, phenyl-
P036
696-28-6
Dichlorophenylarsine
P037
60-57-1
Dieldrin
P037
60-57-1
2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
						  3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
						  (1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta, 7aalpha)-
P038
692-42-2
Arsine, diethyl-
P038
692-42-2
Diethylarsine
P039
298-04-4
Disulfoton
P039
298-04-4
Phosphorodithioic acid, O,O-diethyl
						  S-[2-(ethylthio)ethyl] ester
P040
297-97-2
O,O-Diethyl O-pyrazinyl phosphorothioate
P040
297-97-2
Phosphorothioic acid, O,O-diethyl O-pyrazinyl
						  ester
P041
311-45-5
Diethyl-p-nitrophenyl phosphate
P041
311-45-5
Phosphoric acid, diethyl 4-nitrophenyl ester
P042
51-43-4
1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-,
						  (R)-
P042
51-43-4
Epinephrine
P043
55-91-4
Diisopropylfluorophosphate (DFP)
P043
55-91-4
Phosphorofluoridic acid, bis(1-methylethyl)
						  ester
P044
60-51-5
Dimethoate
P044
60-51-5
Phosphorodithioic acid, O,O-dimethyl S-[2-(methyl
						  amino)-2-oxoethyl] ester
P045
39196-18-4
2-Butanone, 3,3-dimethyl-1-(methylthio)-,
						  O-[(methylamino)carbonyl] oxime
P045
39196-18-4
Thiofanox
P046
122-09-8
Benzeneethanamine, alpha,alpha-dimethyl-
P046
122-09-8
alpha,alpha-Dimethylphenethylamine
P047
1534-52-1
4,6-Dinitro-o-cresol, & salts
P047
1534-52-1
Phenol, 2-methyl-4,6-dinitro-, & salts
P048
51-28-5
2,4-Dinitrophenol
P048
51-28-5
Phenol, 2,4-dinitro-
P049
541-53-7
Dithiobiuret
P049
541-53-7
Thioimidodicarbonic diamide [(H2
						  N)C(S)]2 NH
P050
115-29-7
Endosulfan
P050
115-29-7
6,9-Methano-2,4,3-benzodioxathiepin,
						  6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide
P051
172-20-8
2,7:3,6-Dimethanonaphth [2,3-b]oxirene,
						  3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2abeta,3alpha,6alpha,6abeta,7beta,
						  7aalpha)-, & metabolites
P051
72-20-8
Endrin
P051
72-20-8
Endrin, & metabolites
P054
151-56-4
Aziridine
P054
151-56-4
Ethyleneimine
P056
7782-41-4
Fluorine
P057
640-19-7
Acetamide, 2-fluoro-
P057
640-19-7
Fluoroacetamide
P058
62-74-8
Acetic acid, fluoro-, sodium salt
P058
62-74-8
Fluoroacetic acid, sodium salt
P059
76-44-8
Heptachlor
P059
76-44-8
4,7-Methano-1H-indene,
						  1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-
P060
465-73-6
1,4,5,8-Dimethanonaphthalene,
						  1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a-hexahydro-,
						  (1alpha,4alpha,4abeta,5beta,8beta,8abeta)-
P060
465-73-6
Isodrin
P062
757-58-4
Hexaethyl tetraphosphate
P062
757-58-4
Tetraphosphoric acid, hexaethyl ester
P063
74-90-8
Hydrocyanic acid
P063
74-90-8
Hydrogen cyanide
P064
624-83-9
Methane, isocyanato-
P064
624-83-9
Methyl isocyanate
P065
628-86-4
Fulminic acid, mercury(2 + ) salt (R,T)
P065
628-86-4
Mercury fulminate (R,T)
P066
16752-77-5
Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-,
						  methyl ester
P066
16752-77-5
Methomyl
P067
75-55-8
Aziridine, 2-methyl-
P067
75-55-8
1,2-Propylenimine
P068
60-34-4
Hydrazine, methyl-
P068
60-34-4
Methyl hydrazine
P069
75-86-5
2-Methyllactonitrile
P069
75-86-5
Propanenitrile, 2-hydroxy-2-methyl-
P070
116-06-3
Aldicarb
P070
116-06-3
Propanal, 2-methyl-2-(methylthio)-,
						  O-[(methylamino)carbonyl]oxime
P071
298-00-0
Methyl parathion
P071
298-00-0
Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl)
						  ester
P072
86-88-4
alpha-Naphthylthiourea
P072
86-88-4
Thiourea, 1-naphthalenyl-
P073
13463-39-3
Nickel carbonyl
P073
13463-39-3
Nickel carbonyl Ni(CO)4,
						  (T-4)-
P074
557-19-7
Nickel cyanide
P074
557-19-7
Nickel cyanide Ni(CN)2
P075
154-11-5
Nicotine, & salts
P075
154-11-5
Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, &
						  salts
P076
10102-43-9
Nitric oxide
P076
10102-43-9
Nitrogen oxide NO
P077
100-01-6
Benzenamine, 4-nitro-
P077
100-01-6
p-Nitroaniline
P078
10102-44-0
Nitrogen dioxide
P078
10102-44-0
Nitrogen oxide NO2
P081
55-63-0
Nitroglycerine (R)
P081
55-63-0
1,2,3-Propanetriol, trinitrate (R)
P082
62-75-9
Methanamine, -methyl-N-nitroso-
P082
62-75-9
N-Nitrosodimethylamine
P084
4549-40-0
N-Nitrosomethylvinylamine
P084
4549-40-0
Vinylamine, -methyl-N-nitroso-
P085
152-16-9
Diphosphoramide, octamethyl-
P085
152-16-9
Octamethylpyrophosphoramide
P087
20816-12-0
Osmium oxide OsO4, (T-4)-
P087
20816-12-0
Osmium tetroxide
P088
145-73-3
Endothall
P088
145-73-3
7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid
P089
56-38-2
Parathion
P089
56-38-2
Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl)
						  ester
P092
62-38-4
Mercury, (acetato-O)phenyl-
P092
62-38-4
Phenylmercury acetate
P093
103-85-5
Phenylthiourea
P093
103-85-5
Thiourea, phenyl-
P094
298-02-2
Phorate
P094
298-02-2
Phosphorodithioic acid, O,O-diethyl
						  S-[(ethylthio)methyl] ester
P095
75-44-5
Carbonic dichloride
P095
75-44-5
Phosgene
P096
7803-51-2
Hydrogen phosphide
P096
7803-51-2
Phosphine
P097
52-85-7
Famphur
P097
52-85-7
Phosphorothioic acid,
						  O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester
P098
151-50-8
Potassium cyanide
P098
151-50-8
Potassium cyanide K(CN)
P099
506-61-6
Argentate(1-), bis(cyano-C)-, potassium
P099
506-61-6
Potassium silver cyanide
P101
107-12-0
Ethyl cyanide
P101
107-12-0
Propanenitrile
P102
107-19-7
Propargyl alcohol
P102
107-19-7
2-Propyn-1-ol
P103
630-10-4
Selenourea
P104
506-64-9
Silver cyanide
P104
506-64-9
Silver cyanide Ag(CN)
P105
26628-22-8
Sodium azide
P106
143-33-9
Sodium cyanide
P106
143-33-9
Sodium cyanide Na(CN)
P108
1157-24-9
Strychnidin-10-one, & salts
P108
1157-24-9
Strychnine, & salts
P109
3689-24-5
Tetraethyldithiopyrophosphate
P109
3689-24-5
Thiodiphosphoric acid, tetraethyl ester
P110
78-00-2
Plumbane, tetraethyl-
P110
78-00-2
Tetraethyl lead
P111
107-49-3
Diphosphoric acid, tetraethyl ester
P111
107-49-3
Tetraethyl pyrophosphate
P112
509-14-8
Methane, tetranitro-(R)
P112
509-14-8
Tetranitromethane (R)
P113
1314-32-5
Thallic oxide
P113
1314-32-5
Thallium oxide Tl2
						  O3
P114
12039-52-0
Selenious acid, dithallium(1 + ) salt
P114
12039-52-0
Tetraethyldithiopyrophosphate
P115
7446-18-6
Thiodiphosphoric acid, tetraethyl ester
P115
7446-18-6
Plumbane, tetraethyl-
P116
79-19-6
Tetraethyl lead
P116
79-19-6
Thiosemicarbazide
P118
75-70-7
Methanethiol, trichloro-
P118
75-70-7
Trichloromethanethiol
P119
7803-55-6
Ammonium vanadate
P119
7803-55-6
Vanadic acid, ammonium salt
P120
1314-62-1
Vanadium oxide
						  V2O5
P120
1314-62-1
Vanadium pentoxide
P121
557-21-1
Zinc cyanide
P121
557-21-1
Zinc cyanide Zn(CN)2
P122
1314-84-7
Zinc phosphide Zn3
						  P2, when present at concentrations greater than 10%
						  (R,T)
P123
8001-35-2
Toxaphene
P127
1563-66-2
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-,
						  methylcarbamate.
P127
1563-66-2
Carbofuran
P128
315-8-4
Mexacarbate
P128
315-18-4
Phenol, 4-(dimethylamino)-3,5-dimethyl-,
						  methylcarbamate (ester)
P185
26419-73-8
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-,
						  O-[(methylamino)-carbonyl]oxime.
P185
26419-73-8
Tirpate
P188
57-64-7
Benzoic acid, 2-hydroxy-, compd. with
						  (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl
						  methylcarbamate ester (1:1)
P188
57-64-7
Physostigmine salicylate
P189
55285-14-8
Carbamic acid, [(dibutylamino)-thio]methyl-,
						  2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester
P189
55285-14-8
Carbosulfan
P190
1129-41-5
Carbamic acid, methyl-, 3-methylphenyl ester
P190
1129-41-5
Metolcarb
P191
644-64-4
Carbamic acid, dimethyl-,
						  1-[(dimethyl-amino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester
P191
644-64-4
Dimetilan
P192
119-38-0
Carbamic acid, dimethyl-,
						  3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester
P192
119-38-0
Isolan
P194
23135-22-0
Ethanimidthioic acid,
						  2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester
P194
23135-22-0
Oxamyl
P196
15339-36-3
Manganese, bis(dimethylcarbamodithioato-S,S')-,
P196
15339-36-3
Manganese dimethyldithiocarbamate
P197
17702-57-7
Formparanate
P197
17702-57-7
Methanimidamide,
						  N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-
P198
23422-53-9
Formetanate hydrochloride
P198
23422-53-9
Methanimidamide,
						  N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-monohydrochloride
P199
2032-65-7
Methiocarb
P199
2032-65-7
Phenol, (3,5-dimethyl-4-(methylthio)-,
						  methylcarbamate
P201
2631-37-0
Phenol, 3-methyl-5-(1-methylethyl)-, methyl
						  carbamate
P201
2631-37-0
Promecarb
P202
64-00-6
m-Cumenyl methylcarbamate
P202
64-00-6
3-Isopropylphenyl N-methylcarbamate
P202
64-00-6
Phenol, 3-(1-methylethyl)-, methyl carbamate
P203
1646-88-4
Aldicarb sulfone
P203
1646-88-4
Propanal, 2-methyl-2-(methyl-sulfonyl)-,
						  O-[(methylamino)carbonyl] oxime
P204
57-47-6
Physostigmine
P204
57-47-6
Pyrrolo[2,3-b]indol-5-ol,
						  1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester),
						  (3aS-cis)-
P205
137-30-4
Zinc, bis(dimethylcarbamodithioato-S,S')-,
P205
137-30-4
Ziram
\1\ CAS Number given for parent compound only.
(f) The commercial chemical
			 products, manufacturing chemical intermediates, or off-specification commercial
			 chemical products referred to in paragraphs (a) through (d) of this section,
			 are identified as toxic wastes (T), unless otherwise designated.
Comment: For the convenience of the regulated community, the
				primary hazardous properties of these materials have been indicated by the
				letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity).
				Absence of a letter indicates that the compound is only listed for toxicity.
				Wastes are first listed in alphabetical order by substance and then listed
				again in numerical order by Hazardous Waste Number.
Hazardous waste No.
Chemical
abstracts
No.
Substance
U394
30558-43-1
A2213.
U001
75-07-0
Acetaldehyde (I)
U034
75-87-6
Acetaldehyde, trichloro-
U187
62-44-2
Acetamide, N-(4-ethoxyphenyl)-
U005
53-96-3
Acetamide, N-9H-fluoren-2-yl-
U240
194-75-7
Acetic acid, (2,4-dichlorophenoxy)-, salts &
						  esters
U112
141-78-6
Acetic acid ethyl ester (I)
U144
301-04-2
Acetic acid, lead(2 + ) salt
U214
563-68-8
Acetic acid, thallium(1 + ) salt
see F027
93-76-5
Acetic acid, (2,4,5-trichlorophenoxy)-
U002
67-64-1
Acetone (I)
U003
75-05-8
Acetonitrile (I,T)
U004
98-86-2
Acetophenone
U005
53-96-3
2-Acetylaminofluorene
U006
75-36-5
Acetyl chloride (C,R,T)
U007
79-06-1
Acrylamide
U008
79-10-7
Acrylic acid (I)
U009
107-13-1
Acrylonitrile
U011
61-82-5
Amitrole
U012
62-53-3
Aniline (I,T)
U136
75-60-5
Arsinic acid, dimethyl-
U014
492-80-8
Auramine
U015
115-02-6
Azaserine
U010
50-07-7
Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione,
						  6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-,
						  [1aS-(1aalpha, 8beta,8aalpha,8balpha)]-
U280
101-27-9
Barban.
U278
22781-23-3
Bendiocarb.
U364
22961-82-6
Bendiocarb phenol.
U271
17804-
Benomyl.
35-2
U157
56-49-5
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-
U016
225-51-4
Benz[c]acridine
U017
98-87-3
Benzal chloride
U192
23950-58-5
Benzamide,
						  3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-
U018
56-55-3
Benz[a]anthracene
U094
57-97-6
Benz[a]anthracene, 7,12-dimethyl-
U012
62-53-3
Benzenamine (I,T)
U014
492-80-8
Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl-
U049
3165-93-3
Benzenamine, 4-chloro-2-methyl-, hydrochloride
U093
60-11-7
Benzenamine, N,N-dimethyl-4-(phenylazo)-
U328
95-53-4
Benzenamine, 2-methyl-
U353
106-49-0
Benzenamine, 4-methyl-
U158
101-14-4
Benzenamine, 4,4'-methylenebis[2-chloro-
U222
636-21-5
Benzenamine, 2-methyl-, hydrochloride
U181
99-55-8
Benzenamine, 2-methyl-5-nitro-
U019
71-43-2
Benzene (I,T)
U038
510-15-6
Benzeneacetic acid,
						  4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester
U030
101-55-3
Benzene, 1-bromo-4-phenoxy-
U035
305-03-3
Benzenebutanoic acid,
						  4-[bis(2-chloroethyl)amino]-
U037
108-90-7
Benzene, chloro-
U221
25376-45-8
Benzenediamine, ar-methyl-
U028
117-81-7
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)
						  ester
U069
84-74-2
1,2-Benzenedicarboxylic acid, dibutyl ester
U088
84-66-2
1,2-Benzenedicarboxylic acid, diethyl ester
U102
131-11-3
1,2-Benzenedicarboxylic acid, dimethyl ester
U107
117-84-0
1,2-Benzenedicarboxylic acid, dioctyl ester
U070
95-50-1
Benzene, 1,2-dichloro-
U071
541-73-1
Benzene, 1,3-dichloro-
U072
106-46-7
Benzene, 1,4-dichloro-
U060
72-54-8
Benzene, 1,1
						  '-(2,2-dichloroethylidene)bis[4-chloro-
U017
98-87-3
Benzene, (dichloromethyl)-
U223
26471-62-5
Benzene, 1,3-diisocyanatomethyl- (R,T)
U239
1330-20-7
Benzene, dimethyl- (I)
U201
108-46-3
1,3-Benzenediol
U127
118-74-1
Benzene, hexachloro-
U056
110-82-7
Benzene, hexahydro- (I)
U220
108-88-3
Benzene, methyl-
U105
121-14-2
Benzene, 1-methyl-2,4-dinitro-
U106
606-20-2
Benzene, 2-methyl-1,3-dinitro-
U055
98-82-8
Benzene, (1-methylethyl)- (I)
U169
98-95-3
Benzene, nitro-
U183
608-93-5
Benzene, pentachloro-
U185
82-68-8
Benzene, pentachloronitro-
U020
98-09-9
Benzenesulfonic acid chloride (C,R)
U020
98-09-9
Benzenesulfonyl chloride (C,R)
U207
95-94-3
Benzene, 1,2,4,5-tetrachloro-
U061
50-29-3
Benzene,
						  1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-
U247
72-43-5
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-
						  methoxy-
U023
98-07-7
Benzene, (trichloromethyl)-
U234
99-35-4
Benzene, 1,3,5-trinitro-
U021
92-87-5
Benzidine
U278
22781-23-3
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl
						  carbamate.
U364
22961-82-6
1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U203
94-59-7
1,3-Benzodioxole, 5-(2-propenyl)-
U141
120-58-1
1,3-Benzodioxole, 5-(1-propenyl)-
U367
1563-38-8
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-
U090
94-58-6
1,3-Benzodioxole, 5-propyl-
U064
189-55-9
Benzo[rst]pentaphene
U248
181-81-2
2H-1-Benzopyran-2-one,
						  4-hydroxy-3-(3-oxo-1-phenyl-butyl)-, & salts, when present at
						  concentrations of 0.3% or less
U022
50-32-8
Benzo[a]pyrene
U197
106-51-4
p-Benzoquinone
U023
98-07-7
Benzotrichloride (C,R,T)
U085
1464-53-5
2,2'-Bioxirane
U021
92-87-5
[1,1'-Biphenyl]-4,4'-diamine
U073
91-94-1
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-
U091
119-90-4
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy-
U095
119-93-7
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-
U225
75-25-2
Bromoform
U030
101-55-3
4-Bromophenyl phenyl ether
U128
87-68-3
1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U172
924-16-3
1-Butanamine, N-butyl-N-nitroso-
U031
71-36-3
1-Butanol (I)
U159
78-93-3
2-Butanone (I,T)
U160
1338-23-4
2-Butanone, peroxide (R,T)
U053
4170-30-3
2-Butenal
U074
764-41-0
2-Butene, 1,4-dichloro- (I,T)
U143
303-34-4
2-Butenoic acid, 2-methyl-,
						  7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl
						  ester,
[1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U031
71-36-3
n-Butyl alcohol (I)
U136
75-60-5
Cacodylic acid
U032
13765-19-0
Calcium chromate
U372
10605-21-7
Carbamic acid, 1H-benzimidazol-2-yl, methyl
						  ester.
U271
17804-35-2
Carbamic acid,
						  [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester.
U280
101-27-9
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl
						  ester.
U238
51-79-6
Carbamic acid, ethyl ester
U178
615-53-2
Carbamic acid, methylnitroso-, ethyl ester
U373
122-42-9
Carbamic acid, phenyl-, 1-methylethyl ester.
U409
23564-05-8
Carbamic acid, [1,2-phenylenebis
						  (iminocarbonothioyl)]bis-, dimethyl ester.
U097
79-44-7
Carbamic chloride, dimethyl-
U389
2303-17-5
Carbamothioic acid, bis(1-methylethyl)-,
						  S-(2,3,3-trichloro-2-propenyl) ester.
U387
52888-80-9
Carbamothioic acid, dipropyl-, S-(phenylmethyl)
						  ester.
U114
1111-54-6
Carbamodithioic acid, 1,2-ethanediylbis-, salts &
						  esters
U062
2303-16-4
Carbamothioic acid, bis(1-methylethyl)-,
						  S-(2,3-dichloro-2-propenyl) ester
U279
63-25-2
Carbaryl.
U372
10605-21-7
Carbendazim.
U367
1563-38-8
Carbofuran phenol.
U215
6533-73-9
Carbonic acid, dithallium(1 + ) salt
U033
353-50-4
Carbonic difluoride
U156
79-22-1
Carbonochloridic acid, methyl ester (I,T)
U033
353-50-4
Carbon oxyfluoride (R,T)
U211
56-23-5
Carbon tetrachloride
U034
75-87-6
Chloral
U035
305-03-3
Chlorambucil
U036
57-74-9
Chlordane, alpha & gamma isomers
U026
494-03-1
Chlornaphazin
U037
108-90-7
Chlorobenzene
U038
510-15-6
Chlorobenzilate
U039
59-50-7
p-Chloro-m-cresol
U042
110-75-8
2-Chloroethyl vinyl ether
U044
67-66-3
Chloroform
U046
107-30-2
Chloromethyl methyl ether
U047
91-58-7
beta-Chloronaphthalene
U048
95-57-8
o-Chlorophenol
U049
3165-93-3
4-Chloro-o-toluidine, hydrochloride
U032
13765-19-0
Chromic acid H2
						  CrO4, calcium salt
U050
218-01-9
Chrysene
U051
Creosote
U052
1319-77-3
Cresol (Cresylic acid)
U053
4170-30-3
Crotonaldehyde
U055
98-82-8
Cumene (I)
U246
506-68-3
Cyanogen bromide (CN)Br
U197
106-51-4
2,5-Cyclohexadiene-1,4-dione
U056
110-82-7
Cyclohexane (I)
U129
58-89-9
Cyclohexane, 1,2,3,4,5,6-hexachloro-,
(1alpha,2alpha,3beta,4alpha,5alpha,6beta)-
U057
108-94-1
Cyclohexanone (I)
U130
77-47-4
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
U058
50-18-0
Cyclophosphamide
U240
194-75-7
2,4-D, salts & esters
U059
20830-81-3
Daunomycin
U060
72-54-8
DDD
U061
50-29-3
DDT
U062
2303-16-4
Diallate
U063
53-70-3
Dibenz[a,h]anthracene
U064
189-55-9
Dibenzo[a,i]pyrene
U066
96-12-8
1,2-Dibromo-3-chloropropane
U069
84-74-2
Dibutyl phthalate
U070
95-50-1
o-Dichlorobenzene
U071
541-73-1
m-Dichlorobenzene
U072
106-46-7
p-Dichlorobenzene
U073
91-94-1
3,3'-Dichlorobenzidine
U074
764-41-0
1,4-Dichloro-2-butene (I,T)
U075
75-71-8
Dichlorodifluoromethane
U078
75-35-4
1,1-Dichloroethylene
U079
156-60-5
1,2-Dichloroethylene
U025
111-44-4
Dichloroethyl ether
U027
108-60-1
Dichloroisopropyl ether
U024
111-91-1
Dichloromethoxy ethane
U081
120-83-2
2,4-Dichlorophenol
U082
87-65-0
2,6-Dichlorophenol
U084
542-75-6
1,3-Dichloropropene
U085
1464-53-5
1,2:3,4-Diepoxybutane (I,T)
U108
123-91-1
1,4-Diethyleneoxide
U028
117-81-7
Diethylhexyl phthalate
U395
5952-26-1
Diethylene glycol, dicarbamate.
U086
1615-80-1
N,N'-Diethylhydrazine
U087
3288-58-2
O,O-Diethyl S-methyl dithiophosphate
U088
84-66-2
Diethyl phthalate
U089
56-53-1
Diethylstilbesterol
U090
94-58-6
Dihydrosafrole
U091
119-90-4
3,3'-Dimethoxybenzidine
U092
124-40-3
Dimethylamine (I)
U093
60-11-7
p-Dimethylaminoazobenzene
U094
57-97-6
7,12-Dimethylbenz[a]anthracene
U095
119-93-7
3,3'-Dimethylbenzidine
U096
80-15-9
alpha,alpha-Dimethylbenzylhydroperoxide (R)
U097
79-44-7
Dimethylcarbamoyl chloride
U098
57-14-7
1,1-Dimethylhydrazine
U099
540-73-8
1,2-Dimethylhydrazine
U101
105-67-9
2,4-Dimethylphenol
U102
131-11-3
Dimethyl phthalate
U103
77-78-1
Dimethyl sulfate
U105
121-14-2
2,4-Dinitrotoluene
U106
606-20-2
2,6-Dinitrotoluene
U107
117-84-0
Di-n-octyl phthalate
U108
123-91-1
1,4-Dioxane
U109
122-66-7
1,2-Diphenylhydrazine
U110
142-84-7
Dipropylamine (I)
U111
621-64-7
Di-n-propylnitrosamine
U041
106-89-8
Epichlorohydrin
U001
75-07-0
Ethanal (I)
U404
121-44-8
Ethanamine, N,N-diethyl-
U174
55-18-5
Ethanamine, N-ethyl-N-nitroso-
U155
91-80-5
1,2-Ethanediamine,
						  N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-
U067
106-93-4
Ethane, 1,2-dibromo-
U076
75-34-3
Ethane, 1,1-dichloro-
U077
107-06-2
Ethane, 1,2-dichloro-
U131
67-72-1
Ethane, hexachloro-
U024
111-91-1
Ethane, 1,1 '-[methylenebis(oxy)]bis[2-chloro-
U117
60-29-7
Ethane, 1,1'-oxybis-(I)
U025
111-44-4
Ethane, 1,1'-oxybis[2-chloro-
U184
76-01-7
Ethane, pentachloro-
U208
630-20-6
Ethane, 1,1,1,2-tetrachloro-
U209
79-34-5
Ethane, 1,1,2,2-tetrachloro-
U218
62-55-5
Ethanethioamide
U226
71-55-6
Ethane, 1,1,1-trichloro-
U227
79-00-5
Ethane, 1,1,2-trichloro-
U410
59669-26-0
Ethanimidothioic acid,
						  N,N'-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester
U394
30558-43-1
Ethanimidothioic acid,
						  2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester.
U359
110-80-5
Ethanol, 2-ethoxy-
U173
1116-54-7
Ethanol, 2,2'-(nitrosoimino)bis-
U395
5952-26-1
Ethanol, 2,2'-oxybis-, dicarbamate.
U004
98-86-2
Ethanone, 1-phenyl-
U043
75-01-4
Ethene, chloro-
U042
110-75-8
Ethene, (2-chloroethoxy)-
U078
75-35-4
Ethene, 1,1-dichloro-
U079
156-60-5
Ethene, 1,2-dichloro-, (E)-
U210
127-18-4
Ethene, tetrachloro-
U228
79-01-6
Ethene, trichloro-
U112
141-78-6
Ethyl acetate (I)
U113
140-88-5
Ethyl acrylate (I)
U238
51-79-6
Ethyl carbamate (urethane)
U117
60-29-7
Ethyl ether (I)
U114
1111-54-6
Ethylenebisdithiocarbamic acid, salts &
						  esters
U067
106-93-4
Ethylene dibromide
U077
107-06-2
Ethylene dichloride
U359
110-80-5
Ethylene glycol monoethyl ether
U115
75-21-8
Ethylene oxide (I,T)
U116
96-45-7
Ethylenethiourea
U076
75-34-3
Ethylidene dichloride
U118
97-63-2
Ethyl methacrylate
U119
62-50-0
Ethyl methanesulfonate
U120
206-44-0
Fluoranthene
U122
50-00-0
Formaldehyde
U123
64-18-6
Formic acid (C,T)
U124
110-00-9
Furan (I)
U125
98-01-1
2-Furancarboxaldehyde (I)
U147
108-31-6
2,5-Furandione
U213
109-99-9
Furan, tetrahydro-(I)
U125
98-01-1
Furfural (I)
U124
110-00-9
Furfuran (I)
U206
18883-66-4
Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-,
						  D-
U206
18883-66-4
D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-
carbonyl]amino]-
U126
765-34-4
Glycidylaldehyde
U163
70-25-7
Guanidine, N-methyl-N'-nitro-N-nitroso-
U127
118-74-1
Hexachlorobenzene
U128
87-68-3
Hexachlorobutadiene
U130
77-47-4
Hexachlorocyclopentadiene
U131
67-72-1
Hexachloroethane
U132
70-30-4
Hexachlorophene
U243
1888-71-7
Hexachloropropene
U133
302-01-2
Hydrazine (R,T)
U086
1615-80-1
Hydrazine, 1,2-diethyl-
U098
57-14-7
Hydrazine, 1,1-dimethyl-
U099
540-73-8
Hydrazine, 1,2-dimethyl-
U109
122-66-7
Hydrazine, 1,2-diphenyl-
U134
7664-39-3
Hydrofluoric acid (C,T)
U134
7664-39-3
Hydrogen fluoride (C,T)
U135
7783-06-4
Hydrogen sulfide
U135
7783-06-4
Hydrogen sulfide H2 S
U096
80-15-9
Hydroperoxide, 1-methyl-1-phenylethyl- (R)
U116
96-45-7
2-Imidazolidinethione
U137
193-39-5
Indeno[1,2,3-cd]pyrene
U190
85-44-9
1,3-Isobenzofurandione
U140
78-83-1
Isobutyl alcohol (I,T)
U141
120-58-1
Isosafrole
U142
143-50-0
Kepone
U143
303-34-4
Lasiocarpine
U144
301-04-2
Lead acetate
U146
1335-32-6
Lead, bis(acetato-O)tetrahydroxytri-
U145
7446-27-7
Lead phosphate
U146
1335-32-6
Lead subacetate
U129
58-89-9
Lindane
U163
70-25-7
MNNG
U147
108-31-6
Maleic anhydride
U148
123-33-1
Maleic hydrazide
U149
109-77-3
Malononitrile
U150
148-82-3
Melphalan
U151
7439-97-6
Mercury
U152
126-98-7
Methacrylonitrile (I, T)
U092
124-40-3
Methanamine, N-methyl- (I)
U029
74-83-9
Methane, bromo-
U045
74-87-3
Methane, chloro- (I, T)
U046
107-30-2
Methane, chloromethoxy-
U068
74-95-3
Methane, dibromo-
U080
75-09-2
Methane, dichloro-
U075
75-71-8
Methane, dichlorodifluoro-
U138
74-88-4
Methane, iodo-
U119
62-50-0
Methanesulfonic acid, ethyl ester
U211
56-23-5
Methane, tetrachloro-
U153
74-93-1
Methanethiol (I, T)
U225
75-25-2
Methane, tribromo-
U044
67-66-3
Methane, trichloro-
U121
75-69-4
Methane, trichlorofluoro-
U036
57-74-9
4,7-Methano-1H-indene,
						  1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-
U154
67-56-1
Methanol (I)
U155
91-80-5
Methapyrilene
U142
143-50-0
1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one,
						  1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-
U247
72-43-5
Methoxychlor
U154
67-56-1
Methyl alcohol (I)
U029
74-83-9
Methyl bromide
U186
504-60-9
1-Methylbutadiene (I)
U045
74-87-3
Methyl chloride (I,T)
U156
79-22-1
Methyl chlorocarbonate (I,T)
U226
71-55-6
Methyl chloroform
U157
56-49-5
3-Methylcholanthrene
U158
101-14-4
4,4'-Methylenebis(2-chloroaniline)
U068
74-95-3
Methylene bromide
U080
75-09-2
Methylene chloride
U159
78-93-3
Methyl ethyl ketone (MEK) (I,T)
U160
1338-23-4
Methyl ethyl ketone peroxide (R,T)
U138
74-88-4
Methyl iodide
U161
108-10-1
Methyl isobutyl ketone (I)
U162
80-62-6
Methyl methacrylate (I,T)
U161
108-10-1
4-Methyl-2-pentanone (I)
U164
56-04-2
Methylthiouracil
U010
50-07-7
Mitomycin C
U059
20830-81-3
5,12-Naphthacenedione,
						  8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-,
						  (8S-cis)-
U167
134-32-7
1-Naphthalenamine
U168
91-59-8
2-Naphthalenamine
U026
494-03-1
Naphthalenamine, N,N'-bis(2-chloroethyl)-
U165
91-20-3
Naphthalene
U047
91-58-7
Naphthalene, 2-chloro-
U166
130-15-4
1,4-Naphthalenedione
U236
72-57-1
2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-
dimethyl[1,1
						  '-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt
U279
63-25-2
1-Naphthalenol, methylcarbamate.
U166
130-15-4
1,4-Naphthoquinone
U167
134-32-7
alpha-Naphthylamine
U168
91-59-8
beta-Naphthylamine
U217
10102-45-1
Nitric acid, thallium(1 + ) salt
U169
98-95-3
Nitrobenzene (I,T)
U170
100-02-7
p-Nitrophenol
U171
79-46-9
2-Nitropropane (I,T)
U172
924-16-3
N-Nitrosodi-n-butylamine
U173
1116-54-7
N-Nitrosodiethanolamine
U174
55-18-5
N-Nitrosodiethylamine
U176
759-73-9
N-Nitroso-N-ethylurea
U177
684-93-5
N-Nitroso-N-methylurea
U178
615-53-2
N-Nitroso-N-methylurethane
U179
100-75-4
N-Nitrosopiperidine
U180
930-55-2
N-Nitrosopyrrolidine
U181
99-55-8
5-Nitro-o-toluidine
U193
1120-71-4
1,2-Oxathiolane, 2,2-dioxide
U058
50-18-0
2H-1,3,2-Oxazaphosphorin-2-amine,
N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide
U115
75-21-8
Oxirane (I,T)
U126
765-34-4
Oxiranecarboxyaldehyde
U041
106-89-8
Oxirane, (chloromethyl)-
U182
123-63-7
Paraldehyde
U183
608-93-5
Pentachlorobenzene
U184
76-01-7
Pentachloroethane
U185
82-68-8
Pentachloronitrobenzene (PCNB)
See F027
87-86-5
Pentachlorophenol
U161
108-10-1
Pentanol, 4-methyl-
U186
504-60-9
1,3-Pentadiene (I)
U187
62-44-2
Phenacetin
U188
108-95-2
Phenol
U048
95-57-8
Phenol, 2-chloro-
U039
59-50-7
Phenol, 4-chloro-3-methyl-
U081
120-83-2
Phenol, 2,4-dichloro-
U082
87-65-0
Phenol, 2,6-dichloro-
U089
56-53-1
Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-,
						  (E)-
U101
105-67-9
Phenol, 2,4-dimethyl-
U052
1319-77-3
Phenol, methyl-
U132
70-30-4
Phenol, 2,2'-methylenebis[3,4,6-trichloro-
U411
114-26-1
Phenol, 2-(1-methylethoxy)-, methylcarbamate.
U170
100-02-7
Phenol, 4-nitro-
See F027
87-86-5
Phenol, pentachloro-
See F027
58-90-2
Phenol, 2,3,4,6-tetrachloro-
See F027
95-95-4
Phenol, 2,4,5-trichloro-
See F027
88-06-2
Phenol, 2,4,6-trichloro-
U150
148-82-3
L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-
U145
7446-27-7
Phosphoric acid, lead(2 + ) salt (2:3)
U087
3288-58-2
Phosphorodithioic acid, O,O-diethyl
						  S-methylester
U189
1314-80-3
Phosphorus sulfide (R)
U190
85-44-9
Phthalic anhydride
U191
109-06-8
2-Picoline
U179
100-75-4
Piperidine, 1-nitroso-
U192
23950-58-5
Pronamide
U194
107-10-8
1-Propanamine (I,T)
U111
621-64-7
1-Propanamine, N-nitroso-N-propyl-
U110
142-84-7
1-Propanamine, N-propyl- (I)
U066
96-12-8
Propane, 1,2-dibromo-3-chloro-
U083
78-87-5
Propane, 1,2-dichloro-
U149
109-77-3
Propanedinitrile
U171
79-46-9
Propane, 2-nitro- (I,T)
U027
108-60-1
Propane, 2,2'-oxybis[2-chloro-
U193
1120-71-4
1,3-Propane sultone
See F027
93-72-1
Propanoic acid, 2-(2,4,5-trichlorophenoxy)-
U235
126-72-7
1-Propanol, 2,3-dibromo-, phosphate (3:1)
U140
78-83-1
1-Propanol, 2-methyl- (I,T)
U002
67-64-1
2-Propanone (I)
U007
79-06-1
2-Propenamide
U084
542-75-6
1-Propene, 1,3-dichloro-
U243
1888-71-7
1-Propene, 1,1,2,3,3,3-hexachloro-
U009
107-13-1
2-Propenenitrile
U152
126-98-7
2-Propenenitrile, 2-methyl- (I,T)
U008
79-10-7
2-Propenoic acid (I)
U113
140-88-5
2-Propenoic acid, ethyl ester (I)
U118
97-63-2
2-Propenoic acid, 2-methyl-, ethyl ester
U162
80-62-6
2-Propenoic acid, 2-methyl-, methyl ester (I,T)
U373
122-42-9
Propham.
U411
114-26-1
Propoxur.
U387
52888-80-9
Prosulfocarb.
U194
107-10-8
n-Propylamine (I,T)
U083
78-87-5
Propylene dichloride
U148
123-33-1
3,6-Pyridazinedione, 1,2-dihydro-
U196
110-86-1
Pyridine
U191
109-06-8
Pyridine, 2-methyl-
U237
66-75-1
2,4-(1H,3H)-Pyrimidinedione,
						  5-[bis(2-chloroethyl)amino]-
U164
56-04-2
4(1H)-Pyrimidinone,
						  2,3-dihydro-6-methyl-2-thioxo-
U180
930-55-2
Pyrrolidine, 1-nitroso-
U200
50-55-5
Reserpine
U201
108-46-3
Resorcinol
U203
94-59-7
Safrole
U204
7783-00-8
Selenious acid
U204
7783-00-8
Selenium dioxide
U205
7488-56-4
Selenium sulfide
U205
7488-56-4
Selenium sulfide SeS2
						  (R,T)
U015
115-02-6
L-Serine, diazoacetate (ester)
See F027
93-72-1
Silvex (2,4,5-TP)
U206
18883-66-4
Streptozotocin
U103
77-78-1
Sulfuric acid, dimethyl ester
U189
1314-80-3
Sulfur phosphide (R)
See F027
93-76-5
2,4,5-T
U207
95-94-3
1,2,4,5-Tetrachlorobenzene
U208
630-20-6
1,1,1,2-Tetrachloroethane
U209
79-34-5
1,1,2,2-Tetrachloroethane
U210
127-18-4
Tetrachloroethylene
See F027
58-90-2
2,3,4,6-Tetrachlorophenol
U213
109-99-9
Tetrahydrofuran (I)
U214
563-68-8
Thallium(I) acetate
U215
6533-73-9
Thallium(I) carbonate
U216
7791-12-0
Thallium(I) chloride
U216
7791-12-0
thallium chloride TlCl
U217
10102-45-1
Thallium(I) nitrate
U218
62-55-5
Thioacetamide
U410
59669-26-0
Thiodicarb.
U153
74-93-1
Thiomethanol (I,T)
U244
137-26-8
Thioperoxydicarbonic diamide
						  [(H2 N)C(S)]2
						  S2, tetramethyl-
U409
23564-05-8
Thiophanate-methyl.
U219
62-56-6
Thiourea
U244
137-26-8
Thiram
U220
108-88-3
Toluene
U221
25376-45-8
Toluenediamine
U223
26471-62-5
Toluene diisocyanate (R,T)
U328
95-53-4
o-Toluidine
U353
106-49-0
p-Toluidine
U222
636-21-5
o-Toluidine hydrochloride
U389
2303-17-5
Triallate.
U011
61-82-5
1H-1,2,4-Triazol-3-amine
U226
71-55-6
1,1,1-Trichloroethane
U227
79-00-5
1,1,2-Trichloroethane
U228
79-01-6
Trichloroethylene
U121
75-69-4
Trichloromonofluoromethane
See F027
95-95-4
2,4,5-Trichlorophenol
See F027
88-06-2
2,4,6-Trichlorophenol
U404
121-44-8
Triethylamine.
U234
99-35-4
1,3,5-Trinitrobenzene (R,T)
U182
123-63-7
1,3,5-Trioxane, 2,4,6-trimethyl-
U235
126-72-7
Tris(2,3-dibromopropyl) phosphate
U236
72-57-1
Trypan blue
U237
66-75-1
Uracil mustard
U176
759-73-9
Urea, N-ethyl-N-nitroso-
U177
684-93-5
Urea, N-methyl-N-nitroso-
U043
75-01-4
Vinyl chloride
U248
181-81-2
Warfarin, & salts, when present at concentrations
						  of 0.3% or less
U239
1330-20-7
Xylene (I)
U200
50-55-5
Yohimban-16-carboxylic acid,
						  11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester,
						  (3beta,16beta,17alpha,18beta,20alpha)-
U249
1314-84-7
Zinc phosphide Zn3
						  P2, when present at concentrations of 10% or less
U001
75-07-0
Acetaldehyde (I)
U001
75-07-0
Ethanal (I)
U002
67-64-1
Acetone (I)
U002
67-64-1
2-Propanone (I)
U003
75-05-8
Acetonitrile (I,T)
U004
98-86-2
Acetophenone
U004
98-86-2
Ethanone, 1-phenyl-
U005
53-96-3
Acetamide, -9H-fluoren-2-yl-
U005
53-96-3
2-Acetylaminofluorene
U006
75-36-5
Acetyl chloride (C,R,T)
U007
79-06-1
Acrylamide
U007
79-06-1
2-Propenamide
U008
79-10-7
Acrylic acid (I)
U008
79-10-7
2-Propenoic acid (I)
U009
107-13-1
Acrylonitrile
U009
107-13-1
2-Propenenitrile
U010
50-07-7
Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione,
						  6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-,
						  [1aS-(1aalpha, 8beta,8aalpha,8balpha)]-
U010
50-07-7
Mitomycin C
U011
61-82-5
Amitrole
U011
61-82-5
1H-1,2,4-Triazol-3-amine
U012
62-53-3
Aniline (I,T)
U012
62-53-3
Benzenamine (I,T)
U014
492-80-8
Auramine
U014
492-80-8
Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl-
U015
115-02-6
Azaserine
U015
115-02-6
L-Serine, diazoacetate (ester)
U016
225-51-4
Benz[c]acridine
U017
98-87-3
Benzal chloride
U017
98-87-3
Benzene, (dichloromethyl)-
U018
56-55-3
Benz[a]anthracene
U019
71-43-2
Benzene (I,T)
U020
98-09-9
Benzenesulfonic acid chloride (C,R)
U020
98-09-9
Benzenesulfonyl chloride (C,R)
U021
92-87-5
Benzidine
U021
92-87-5
[1,1'-Biphenyl]-4,4'-diamine
U022
50-32-8
Benzo[a]pyrene
U023
98-07-7
Benzene, (trichloromethyl)-
U023
98-07-7
Benzotrichloride (C,R,T)
U024
111-91-1
Dichloromethoxy ethane
U024
111-91-1
Ethane, 1,1 '-[methylenebis(oxy)]bis[2-chloro-
U025
111-44-4
Dichloroethyl ether
U025
111-44-4
Ethane, 1,1'-oxybis[2-chloro-
U026
494-03-1
Chlornaphazin
U026
494-03-1
Naphthalenamine, N,N'-bis(2-chloroethyl)-
U027
108-60-1
Dichloroisopropyl ether
U027
108-60-1
Propane, 2,2'-oxybis[2-chloro-
U028
117-81-7
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)
						  ester
U028
117-81-7
Diethylhexyl phthalate
U029
74-83-9
Methane, bromo-
U029
74-83-9
Methyl bromide
U030
101-55-3
Benzene, 1-bromo-4-phenoxy-
U030
101-55-3
4-Bromophenyl phenyl ether
U031
71-36-3
1-Butanol (I)
U031
71-36-3
n-Butyl alcohol (I)
U032
13765-19-0
Calcium chromate
U032
13765-19-0
Chromic acid H2
						  CrO4, calcium salt
U033
353-50-4
Carbonic difluoride
U033
353-50-4
Carbon oxyfluoride (R,T)
U034
75-87-6
Acetaldehyde, trichloro-
U034
75-87-6
Chloral
U035
305-03-3
Benzenebutanoic acid,
						  4-[bis(2-chloroethyl)amino]-
U035
305-03-3
Chlorambucil
U036
57-74-9
Chlordane, alpha & gamma isomers
U036
57-74-9
4,7-Methano-1H-indene,
						  1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-
U037
108-90-7
Benzene, chloro-
U037
108-90-7
Chlorobenzene
U038
510-15-6
Benzeneacetic acid,
						  4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester
U038
510-15-6
Chlorobenzilate
U039
59-50-7
p-Chloro-m-cresol
U039
59-50-7
Phenol, 4-chloro-3-methyl-
U041
106-89-8
Epichlorohydrin
U041
106-89-8
Oxirane, (chloromethyl)-
U042
110-75-8
2-Chloroethyl vinyl ether
U042
110-75-8
Ethene, (2-chloroethoxy)-
U043
75-01-4
Ethene, chloro-
U043
75-01-4
Vinyl chloride
U044
67-66-3
Chloroform
U044
67-66-3
Methane, trichloro-
U045
74-87-3
Methane, chloro- (I,T)
U045
74-87-3
Methyl chloride (I,T)
U046
107-30-2
Chloromethyl methyl ether
U046
107-30-2
Methane, chloromethoxy-
U047
91-58-7
beta-Chloronaphthalene
U047
91-58-7
Naphthalene, 2-chloro-
U048
95-57-8
o-Chlorophenol
U048
95-57-8
Phenol, 2-chloro-
U049
3165-93-3
Benzenamine, 4-chloro-2-methyl-, hydrochloride
U049
3165-93-3
4-Chloro-o-toluidine, hydrochloride
U050
218-01-9
Chrysene
U051
Creosote
U052
1319-77-3
Cresol (Cresylic acid)
U052
1319-77-3
Phenol, methyl-
U053
4170-30-3
2-Butenal
U053
4170-30-3
Crotonaldehyde
U055
98-82-8
Benzene, (1-methylethyl)-(I)
U055
98-82-8
Cumene (I)
U056
110-82-7
Benzene, hexahydro-(I)
U056
110-82-7
Cyclohexane (I)
U057
108-94-1
Cyclohexanone (I)
U058
50-18-0
Cyclophosphamide
U058
50-18-0
2H-1,3,2-Oxazaphosphorin-2-amine,
						  N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide
U059
20830-81-3
Daunomycin
U059
20830-81-3
5,12-Naphthacenedione,
						  8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-,
						  (8S-cis)-
U060
72-54-8
Benzene, 1,1
						  '-(2,2-dichloroethylidene)bis[4-chloro-
U060
72-54-8
DDD
U061
50-29-3
Benzene,
						  1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-
U061
50-29-3
DDT
U062
2303-16-4
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-di
						  chloro-2-propenyl) ester
U062
2303-16-4
Diallate
U063
53-70-3
Dibenz[a,h]anthracene
U064
189-55-9
Benzo[rst]pentaphene
U064
189-55-9
Dibenzo[a,i]pyrene
U066
96-12-8
1,2-Dibromo-3-chloropropane
U066
96-12-8
Propane, 1,2-dibromo-3-chloro-
U067
106-93-4
Ethane, 1,2-dibromo-
U067
106-93-4
Ethylene dibromide
U068
74-95-3
Methane, dibromo-
U068
74-95-3
Methylene bromide
U069
84-74-2
1,2-Benzenedicarboxylic acid, dibutyl ester
U069
84-74-2
Dibutyl phthalate
U070
95-50-1
Benzene, 1,2-dichloro-
U070
95-50-1
o-Dichlorobenzene
U071
541-73-1
Benzene, 1,3-dichloro-
U071
541-73-1
m-Dichlorobenzene
U072
106-46-7
Benzene, 1,4-dichloro-
U072
106-46-7
p-Dichlorobenzene
U073
91-94-1
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-
U073
91-94-1
3,3'-Dichlorobenzidine
U074
764-41-0
2-Butene, 1,4-dichloro-(I,T)
U074
764-41-0
1,4-Dichloro-2-butene (I,T)
U075
75-71-8
Dichlorodifluoromethane
U075
75-71-8
Methane, dichlorodifluoro-
U076
75-34-3
Ethane, 1,1-dichloro-
U076
75-34-3
Ethylidene dichloride
U077
107-06-2
Ethane, 1,2-dichloro-
U077
107-06-2
Ethylene dichloride
U078
75-35-4
1,1-Dichloroethylene
U078
75-35-4
Ethene, 1,1-dichloro-
U079
156-60-5
1,2-Dichloroethylene
U079
156-60-5
Ethene, 1,2-dichloro-, (E)-
U080
75-09-2
Methane, dichloro-
U080
75-09-2
Methylene chloride
U081
120-83-2
2,4-Dichlorophenol
U081
120-83-2
Phenol, 2,4-dichloro-
U082
87-65-0
2,6-Dichlorophenol
U082
87-65-0
Phenol, 2,6-dichloro-
U083
78-87-5
Propane, 1,2-dichloro-
U083
78-87-5
Propylene dichloride
U084
542-75-6
1,3-Dichloropropene
U084
542-75-6
1-Propene, 1,3-dichloro-
U085
1464-53-5
2,2'-Bioxirane
U085
1464-53-5
1,2:3,4-Diepoxybutane (I,T)
U086
1615-80-1
N,N'-Diethylhydrazine
U086
1615-80-1
Hydrazine, 1,2-diethyl-
U087
3288-58-2
O,O-Diethyl S-methyl dithiophosphate
U087
3288-58-2
Phosphorodithioic acid, O,O-diethyl S-methyl
						  ester
U088
84-66-2
1,2-Benzenedicarboxylic acid, diethyl ester
U088
84-66-2
Diethyl phthalate
U089
56-53-1
Diethylstilbesterol
U089
56-53-1
Phenol,
						  4,4'-(1,2-diethyl-1,2-ethenediyl)bis-,(E)-
U090
94-58-6
1,3-Benzodioxole, 5-propyl-
U090
94-58-6
Dihydrosafrole
U091
119-90-4
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy-
U091
119-90-4
3,3'-Dimethoxybenzidine
U092
124-40-3
Dimethylamine (I)
U092
124-40-3
Methanamine, -methyl-(I)
U093
60-11-7
Benzenamine, N,N-dimethyl-4-(phenylazo)-
U093
60-11-7
p-Dimethylaminoazobenzene
U094
57-97-6
Benz[a]anthracene, 7,12-dimethyl-
U094
57-97-6
7,12-Dimethylbenz[a]anthracene
U095
119-93-7
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-
U095
119-93-7
3,3'-Dimethylbenzidine
U096
80-15-9
alpha,alpha-Dimethylbenzylhydroperoxide (R)
U096
80-15-9
Hydroperoxide, 1-methyl-1-phenylethyl-(R)
U097
79-44-7
Carbamic chloride, dimethyl-
U097
79-44-7
Dimethylcarbamoyl chloride
U098
57-14-7
1,1-Dimethylhydrazine
U098
57-14-7
Hydrazine, 1,1-dimethyl-
U099
540-73-8
1,2-Dimethylhydrazine
U099
540-73-8
Hydrazine, 1,2-dimethyl-
U101
105-67-9
2,4-Dimethylphenol
U101
105-67-9
Phenol, 2,4-dimethyl-
U102
131-11-3
1,2-Benzenedicarboxylic acid, dimethyl ester
U102
131-11-3
Dimethyl phthalate
U103
77-78-1
Dimethyl sulfate
U103
77-78-1
Sulfuric acid, dimethyl ester
U105
121-14-2
Benzene, 1-methyl-2,4-dinitro-
U105
121-14-2
2,4-Dinitrotoluene
U106
606-20-2
Benzene, 2-methyl-1,3-dinitro-
U106
606-20-2
2,6-Dinitrotoluene
U107
117-84-0
1,2-Benzenedicarboxylic acid, dioctyl ester
U107
117-84-0
Di-n-octyl phthalate
U108
123-91-1
1,4-Diethyleneoxide
U108
123-91-1
1,4-Dioxane
U109
122-66-7
1,2-Diphenylhydrazine
U109
122-66-7
Hydrazine, 1,2-diphenyl-
U110
142-84-7
Dipropylamine (I)
U110
142-84-7
1-Propanamine, N-propyl-(I)
U111
621-64-7
Di-n-propylnitrosamine
U111
621-64-7
1-Propanamine, N-nitroso-N-propyl-
U112
141-78-6
Acetic acid ethyl ester (I)
U112
141-78-6
Ethyl acetate (I)
U113
140-88-5
Ethyl acrylate (I)
U113
140-88-5
2-Propenoic acid, ethyl ester (I)
U114
1111-54-6
Carbamodithioic acid, 1,2-ethanediylbis-, salts &
						  esters
U114
1111-54-6
Ethylenebisdithiocarbamic acid, salts &
						  esters
U115
75-21-8
Ethylene oxide (I,T)
U115
75-21-8
Oxirane (I,T)
U116
96-45-7
Ethylenethiourea
U116
96-45-7
2-Imidazolidinethione
U117
60-29-7
Ethane, 1,1'-oxybis-(I)
U117
60-29-7
Ethyl ether (I)
U118
97-63-2
Ethyl methacrylate
U118
97-63-2
2-Propenoic acid, 2-methyl-, ethyl ester
U119
62-50-0
Ethyl methanesulfonate
U119
62-50-0
Methanesulfonic acid, ethyl ester
U120
206-44-0
Fluoranthene
U121
75-69-4
Methane, trichlorofluoro-
U121
75-69-4
Trichloromonofluoromethane
U122
50-00-0
Formaldehyde
U123
64-18-6
Formic acid (C,T)
U124
110-00-9
Furan (I)
U124
110-00-9
Furfuran (I)
U125
98-01-1
2-Furancarboxaldehyde (I)
U125
98-01-1
Furfural (I)
U126
765-34-4
Glycidylaldehyde
U126
765-34-4
Oxiranecarboxyaldehyde
U127
118-74-1
Benzene, hexachloro-
U127
118-74-1
Hexachlorobenzene
U128
87-68-3
1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U128
87-68-3
Hexachlorobutadiene
U129
58-89-9
Cyclohexane, 1,2,3,4,5,6-hexachloro-,
						  (1alpha,2alpha,3beta,4alpha,5alpha,6beta)-
U129
58-89-9
Lindane
U130
77-47-4
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
U130
77-47-4
Hexachlorocyclopentadiene
U131
67-72-1
Ethane, hexachloro-
U131
67-72-1
Hexachloroethane
U132
70-30-4
Hexachlorophene
U132
70-30-4
Phenol, 2,2'-methylenebis[3,4,6-trichloro-
U133
302-01-2
Hydrazine (R,T)
U134
7664-39-3
Hydrofluoric acid (C,T)
U134
7664-39-3
Hydrogen fluoride (C,T)
U135
7783-06-4
Hydrogen sulfide
U135
7783-06-4
Hydrogen sulfide H2S
U136
75-60-5
Arsinic acid, dimethyl-
U136
75-60-5
Cacodylic acid
U137
193-39-5
Indeno[1,2,3-cd]pyrene
U138
74-88-4
Methane, iodo-
U138
74-88-4
Methyl iodide
U140
78-83-1
Isobutyl alcohol (I,T)
U140
78-83-1
1-Propanol, 2-methyl- (I,T)
U141
120-58-1
1,3-Benzodioxole, 5-(1-propenyl)-
U141
120-58-1
Isosafrole
U142
143-50-0
Kepone
U142
143-50-0
1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one,
						  1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-
U143
303-34-4
2-Butenoic acid, 2-methyl-,
						  7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl
						  ester, [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U143
303-34-4
Lasiocarpine
U144
301-04-2
Acetic acid, lead(2 + ) salt
U144
301-04-2
Lead acetate
U145
7446-27-7
Lead phosphate
U145
7446-27-7
Phosphoric acid, lead(2 + ) salt (2:3)
U146
1335-32-6
Lead, bis(acetato-O)tetrahydroxytri-
U146
1335-32-6
Lead subacetate
U147
108-31-6
2,5-Furandione
U147
108-31-6
Maleic anhydride
U148
123-33-1
Maleic hydrazide
U148
123-33-1
3,6-Pyridazinedione, 1,2-dihydro-
U149
109-77-3
Malononitrile
U149
109-77-3
Propanedinitrile
U150
148-82-3
Melphalan
U150
148-82-3
L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-
U151
7439-97-6
Mercury
U152
126-98-7
Methacrylonitrile (I,T)
U152
126-98-7
2-Propenenitrile, 2-methyl- (I,T)
U153
74-93-1
Methanethiol (I,T)
U153
74-93-1
Thiomethanol (I,T)
U154
67-56-1
Methanol (I)
U154
67-56-1
Methyl alcohol (I)
U155
91-80-5
1,2-Ethanediamine,
						  N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-
U155
91-80-5
Methapyrilene
U156
79-22-1
Carbonochloridic acid, methyl ester (I,T)
U156
79-22-1
Methyl chlorocarbonate (I,T)
U157
56-49-5
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-
U157
56-49-5
3-Methylcholanthrene
U158
101-14-4
Benzenamine, 4,4'-methylenebis[2-chloro-
U158
101-14-4
4,4'-Methylenebis(2-chloroaniline)
U159
78-93-3
2-Butanone (I,T)
U159
78-93-3
Methyl ethyl ketone (MEK) (I,T)
U160
1338-23-4
2-Butanone, peroxide (R,T)
U160
1338-23-4
Methyl ethyl ketone peroxide (R,T)
U161
108-10-1
Methyl isobutyl ketone (I)
U161
108-10-1
4-Methyl-2-pentanone (I)
U161
108-10-1
Pentanol, 4-methyl-
U162
80-62-6
Methyl methacrylate (I,T)
U162
80-62-6
2-Propenoic acid, 2-methyl-, methyl ester (I,T)
U163
70-25-7
Guanidine, -methyl-N'-nitro-N-nitroso-
U163
70-25-7
MNNG
U164
56-04-2
Methylthiouracil
U164
56-04-2
4(1H)-Pyrimidinone,
						  2,3-dihydro-6-methyl-2-thioxo-
U165
91-20-3
Naphthalene
U166
130-15-4
1,4-Naphthalenedione
U166
130-15-4
1,4-Naphthoquinone
U167
134-32-7
1-Naphthalenamine
U167
134-32-7
alpha-Naphthylamine
U168
91-59-8
2-Naphthalenamine
U168
91-59-8
beta-Naphthylamine
U169
98-95-3
Benzene, nitro-
U169
98-95-3
Nitrobenzene (I,T)
U170
100-02-7
p-Nitrophenol
U170
100-02-7
Phenol, 4-nitro-
U171
79-46-9
2-Nitropropane (I,T)
U171
79-46-9
Propane, 2-nitro- (I,T)
U172
924-16-3
1-Butanamine, N-butyl-N-nitroso-
U172
924-16-3
N-Nitrosodi-n-butylamine
U173
1116-54-7
Ethanol, 2,2'-(nitrosoimino)bis-
U173
1116-54-7
N-Nitrosodiethanolamine
U174
55-18-5
Ethanamine, -ethyl-N-nitroso-
U174
55-18-5
N-Nitrosodiethylamine
U176
759-73-9
N-Nitroso-N-ethylurea
U176
759-73-9
Urea, N-ethyl-N-nitroso-
U177
684-93-5
N-Nitroso-N-methylurea
U177
684-93-5
Urea, N-methyl-N-nitroso-
U178
615-53-2
Carbamic acid, methylnitroso-, ethyl ester
U178
615-53-2
N-Nitroso-N-methylurethane
U179
100-75-4
N-Nitrosopiperidine
U179
100-75-4
Piperidine, 1-nitroso-
U180
930-55-2
N-Nitrosopyrrolidine
U180
930-55-2
Pyrrolidine, 1-nitroso-
U181
99-55-8
Benzenamine, 2-methyl-5-nitro-
U181
99-55-8
5-Nitro-o-toluidine
U182
123-63-7
1,3,5-Trioxane, 2,4,6-trimethyl-
U182
123-63-7
Paraldehyde
U183
608-93-5
Benzene, pentachloro-
U183
608-93-5
Pentachlorobenzene
U184
76-01-7
Ethane, pentachloro-
U184
76-01-7
Pentachloroethane
U185
82-68-8
Benzene, pentachloronitro-
U185
82-68-8
Pentachloronitrobenzene (PCNB)
U186
504-60-9
1-Methylbutadiene (I)
U186
504-60-9
1,3-Pentadiene (I)
U187
62-44-2
Acetamide, -(4-ethoxyphenyl)-
U187
62-44-2
Phenacetin
U188
108-95-2
Phenol
U189
1314-80-3
Phosphorus sulfide (R)
U189
1314-80-3
Sulfur phosphide (R)
U190
85-44-9
1,3-Isobenzofurandione
U190
85-44-9
Phthalic anhydride
U191
109-06-8
2-Picoline
U191
109-06-8
Pyridine, 2-methyl-
U192
23950-58-5
Benzamide,
						  3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-
U192
23950-58-5
Pronamide
U193
1120-71-4
1,2-Oxathiolane, 2,2-dioxide
U193
1120-71-4
1,3-Propane sultone
U194
107-10-8
1-Propanamine (I,T)
U194
107-10-8
n-Propylamine (I,T)
U196
110-86-1
Pyridine
U197
106-51-4
p-Benzoquinone
U197
106-51-4
2,5-Cyclohexadiene-1,4-dione
U200
50-55-5
Reserpine
U200
50-55-5
Yohimban-16-carboxylic acid,
						  11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl
						  ester,(3beta,16beta,17alpha,18beta,20alpha)-
U201
108-46-3
1,3-Benzenediol
U201
108-46-3
Resorcinol
U203
94-59-7
1,3-Benzodioxole, 5-(2-propenyl)-
U203
94-59-7
Safrole
U204
7783-00-8
Selenious acid
U204
7783-00-8
Selenium dioxide
U205
7488-56-4
Selenium sulfide
U205
7488-56-4
Selenium sulfide SeS2
						  (R,T)
U206
18883-66-4
Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-,
						  D-
U206
18883-66-4
D-Glucose,
						  2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]-
U206
18883-
Streptozotocin
66-4
U207
95-94-3
Benzene, 1,2,4,5-tetrachloro-
U207
95-94-3
1,2,4,5-Tetrachlorobenzene
U208
630-20-6
Ethane, 1,1,1,2-tetrachloro-
U208
630-20-6
1,1,1,2-Tetrachloroethane
U209
79-34-5
Ethane, 1,1,2,2-tetrachloro-
U209
79-34-5
1,1,2,2-Tetrachloroethane
U210
127-18-4
Ethene, tetrachloro-
U210
127-18-4
Tetrachloroethylene
U211
56-23-5
Carbon tetrachloride
U211
56-23-5
Methane, tetrachloro-
U213
109-99-9
Furan, tetrahydro-(I)
U213
109-99-9
Tetrahydrofuran (I)
U214
563-68-8
Acetic acid, thallium(1 + ) salt
U214
563-68-8
Thallium(I) acetate
U215
6533-73-9
Carbonic acid, dithallium(1 + ) salt
U215
6533-73-9
Thallium(I) carbonate
U216
7791-12-0
Thallium(I) chloride
U216
7791-12-0
Thallium chloride TlCl
U217
10102-45-1
Nitric acid, thallium(1 + ) salt
U217
10102-45-1
Thallium(I) nitrate
U218
62-55-5
Ethanethioamide
U218
62-55-5
Thioacetamide
U219
62-56-6
Thiourea
U220
108-88-3
Benzene, methyl-
U220
108-88-3
Toluene
U221
25376-45-8
Benzenediamine, ar-methyl-
U221
25376-45-8
Toluenediamine
U222
636-21-5
Benzenamine, 2-methyl-, hydrochloride
U222
636-21-5
o-Toluidine hydrochloride
U223
26471-62-5
Benzene, 1,3-diisocyanatomethyl- (R,T)
U223
26471-62-5
Toluene diisocyanate (R,T)
U225
75-25-2
Bromoform
U225
75-25-2
Methane, tribromo-
U226
71-55-6
Ethane, 1,1,1-trichloro-
U226
71-55-6
Methyl chloroform
U226
71-55-6
1,1,1-Trichloroethane
U227
79-00-5
Ethane, 1,1,2-trichloro-
U227
79-00-5
1,1,2-Trichloroethane
U228
79-01-6
Ethene, trichloro-
U228
79-01-6
Trichloroethylene
U234
99-35-4
Benzene, 1,3,5-trinitro-
U234
99-35-4
1,3,5-Trinitrobenzene (R,T)
U235
126-72-7
1-Propanol, 2,3-dibromo-, phosphate (3:1)
U235
126-72-7
Tris(2,3-dibromopropyl) phosphate
U236
72-57-1
2,7-Naphthalenedisulfonic acid,
						  3,3'-[(3,3'-dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-,
						  tetrasodium salt
U236
72-57-1
Trypan blue
U237
66-75-1
2,4-(1H,3H)-Pyrimidinedione,
						  5-[bis(2-chloroethyl)amino]-
U237
66-75-1
Uracil mustard
U238
51-79-6
Carbamic acid, ethyl ester
U238
51-79-6
Ethyl carbamate (urethane)
U239
1330-20-7
Benzene, dimethyl- (I,T)
U239
1330-20-7
Xylene (I)
U240
194-75-7
Acetic acid, (2,4-dichlorophenoxy)-, salts &
						  esters
U240
194-75-7
2,4-D, salts & esters
U243
1888-71-7
Hexachloropropene
U243
1888-71-7
1-Propene, 1,1,2,3,3,3-hexachloro-
U244
137-26-8
Thioperoxydicarbonic diamide
						  [(H2N)C(S)]2
						  S2, tetramethyl-
U244
137-26-8
Thiram
U246
506-68-3
Cyanogen bromide (CN)Br
U247
72-43-5
Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-
						  methoxy-
U247
72-43-5
Methoxychlor
U248
181-81-2
2H-1-Benzopyran-2-one,
						  4-hydroxy-3-(3-oxo-1-phenyl-butyl)-, & salts, when present at
						  concentrations of 0.3% or less
U248
181-81-2
Warfarin, & salts, when present at concentrations
						  of 0.3% or less
U249
1314-84-7
Zinc phosphide Zn3
						  P2, when present at concentrations of 10% or less
U271
17804-35-2
Benomyl
U271
17804-35-2
Carbamic acid,
						  [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester
U278
22781-23-3
Bendiocarb
U278
22781-23-3
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl
						  carbamate
U279
63-25-2
Carbaryl
U279
63-25-2
1-Naphthalenol, methylcarbamate
U280
101-27-9
Barban
U280
101-27-9
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl
						  ester
U328
95-53-4
Benzenamine, 2-methyl-
U328
95-53-4
o-Toluidine
U353
106-49-0
Benzenamine, 4-methyl-
U353
106-49-0
p-Toluidine
U359
110-80-5
Ethanol, 2-ethoxy-
U359
110-80-5
Ethylene glycol monoethyl ether
U364
22961-82-6
Bendiocarb phenol
U364
22961-82-6
1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U367
1563-38-8
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-
U367
1563-38-8
Carbofuran phenol
U372
10605-21-7
Carbamic acid, 1H-benzimidazol-2-yl, methyl
						  ester
U372
10605-21-7
Carbendazim
U373
122-42-9
Carbamic acid, phenyl-, 1-methylethyl ester
U373
122-42-9
Propham
U387
52888-80-9
Carbamothioic acid, dipropyl-, S-(phenylmethyl)
						  ester
U387
52888-80-9
Prosulfocarb
U389
2303-17-5
Carbamothioic acid, bis(1-methylethyl)-,
						  S-(2,3,3-trichloro-2-propenyl) ester
U389
2303-17-5
Triallate
U394
30558-43-1
A2213
U394
30558-43-1
Ethanimidothioic acid,
						  2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester
U395
5952-26-1
Diethylene glycol, dicarbamate
U395
5952-26-1
Ethanol, 2,2'-oxybis-, dicarbamate
U404
121-44-8
Ethanamine, N,N-diethyl-
U404
121-44-8
Triethylamine
U409
23564-05-8
Carbamic acid, [1,2-phenylenebis
						  (iminocarbonothioyl)]bis-, dimethyl ester
U409
23564-05-8
Thiophanate-methyl
U410
59669-26-0
Ethanimidothioic acid,
						  N,N'-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester
U410
59669-26-0
Thiodicarb
U411
114-26-1
Phenol, 2-(1-methylethoxy)-, methylcarbamate
U411
114-26-1
Propoxur
See F027
93-76-5
Acetic acid, (2,4,5-trichlorophenoxy)-
See F027
87-86-5
Pentachlorophenol
See F027
87-86-5
Phenol, pentachloro-
See F027
58-90-2
Phenol, 2,3,4,6-tetrachloro-
See F027
95-95-4
Phenol, 2,4,5-trichloro-
See F027
88-06-2
Phenol, 2,4,6-trichloro-
See F027
93-72-1
Propanoic acid, 2-(2,4,5-trichlorophenoxy)-
See F027
93-72-1
Silvex (2,4,5-TP)
See F027
93-76-5
2,4,5-T
See F027
58-90-2
2,3,4,6-Tetrachlorophenol
See F027
95-95-4
2,4,5-Trichlorophenol
See F027
88-06-2
2,4,6-Trichlorophenol
\1\ CAS Number given for parent compound only.
§ 261.35
Deletion of certain hazardous waste codes following equipment cleaning
			 and replacement
(a) Wastes from wood
			 preserving processes at plants that do not resume or initiate use of
			 chlorophenolic preservatives will not meet the listing definition of F032 once
			 the generator has met all of the requirements of paragraphs (b) and (c) of this
			 section. These wastes may, however, continue to meet another hazardous waste
			 listing description or may exhibit one or more of the hazardous waste
			 characteristics.
(b) Generators
			 must either clean or replace all process equipment that may have come into
			 contact with chlorophenolic formulations or constituents thereof, including,
			 but not limited to, treatment cylinders, sumps, tanks, piping systems, drip
			 pads, fork lifts, and trams, in a manner that minimizes or eliminates the
			 escape of hazardous waste or constituents, leachate, contaminated drippage, or
			 hazardous waste decomposition products to the ground water, surface water, or
			 atmosphere.
(1) Generators shall do one of
			 the following:
(i) Prepare and follow an
			 equipment cleaning plan and clean equipment in accordance with this
			 section;
(ii) Prepare and follow an
			 equipment replacement plan and replace equipment in accordance with this
			 section; or
(iii) Document cleaning
			 and replacement in accordance with this section, carried out after termination
			 of use of chlorophenolic preservations.
(2) Cleaning Requirements.
(i) Prepare and sign a written equipment
			 cleaning plan that describes:
(A) The
			 equipment to be cleaned;
(B) How
			 the equipment will be cleaned;
(C)
			 The solvent to be used in cleaning;
(D) How solvent rinses will be tested;
			 and
(E) How cleaning residues will
			 be disposed.
(ii)
			 Equipment must be cleaned as follows:
(A)
			 Remove all visible residues from process equipment;
(B) Rinse process equipment with an
			 appropriate solvent until dioxins and dibenzofurans are not detected in the
			 final solvent rinse.
(iii) Analytical requirements.
(A) Rinses must be tested by using an
			 appropriate method..
(B) "Not
			 detected" means at or below the following lower method calibration limits
			 (MCLs): The 2,3,7,8-TCDD-based MCL - 0.01 parts per trillion (ppt), sample
			 weight of 1000 g, IS spiking level of 1 ppt, final extraction volume of 10-50
			 uL. For other congeners - multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5
			 for HxCDD/HxCDF/ HpCDD/HpCDF, and by 5 for OCDD/OCDF.
(iv) The generator must manage all residues
			 from the cleaning process as F032 waste.
(3) Replacement requirements.
(i) Prepare and sign a written equipment
			 replacement plan that describes:
(A) The
			 equipment to be replaced;
(B) How
			 the equipment will be replaced;
(C)
			 How the equipment will be disposed.
(ii) The generator must manage the discarded
			 equipment as F032 waste.
(4) Documentation requirements.
(i) Document that previous equipment cleaning
			 and/or replacement was performed in accordance with this section and occurred
			 after cessation of use of chlorophenolic preservatives.
(c) The generator must maintain
			 the following records documenting the cleaning and replacement as part of the
			 facility's operating record:
(1) The name and
			 address of the facility;
(2)
			 Formulations previously used and the date on which their use ceased in each
			 process at the plant;
(3)
			 Formulations currently used in each process at the plant;
(4) The equipment cleaning or replacement
			 plan;
(5) The name and address of
			 any persons who conducted the cleaning and replacement;
(6) The dates on which cleaning and
			 replacement were accomplished;
(7)
			 The dates of sampling and testing;
(8) A description of the sample handling and
			 preparation techniques, including techniques used for extraction,
			 containerization, preservation, and chain-of-custody of the samples;
(9) A description of the tests performed, the
			 date the tests were performed, and the results of the tests;
(10) The name and model numbers of the
			 instrument(s) used in performing the tests;
(11) QA/QC documentation; and
(12) The following statement signed by the
			 generator or his authorized representative: "I certify under penalty of law
			 that all process equipment required to be cleaned or replaced under
			 40
			 CFR 261.35 was cleaned or replaced as
			 represented in the equipment cleaning and replacement plan and accompanying
			 documentation. I am aware that there are significant penalties for providing
			 false information, including the possibility of fine or
			 imprisonment."
§
			 261.36
[Reserved]
§ 261.37
[Reserved]
Subsection E
-Exclusions/Exemptions
§
			 261.38
[Reserved]
§ 261.39
Conditional Exclusion for
			 Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing
			 Recycling
Used, broken CRTs are not solid wastes if they meet the
				following conditions:
(a) Prior to
			 processing: These materials are not solid wastes if they are destined for
			 recycling and if they meet the following requirements:
(1) Storage. The broken CRTs must be either:
(i) Stored in a building with a roof, floor,
			 and walls, or
(ii) Placed in a
			 container (i.e., a package or a vehicle) that is constructed, filled, and
			 closed to minimize releases to the environment of CRT glass (including fine
			 solid materials).
(2)
			 Labeling. Each container in which the used, broken CRT is contained must be
			 labeled or marked clearly with one of the following phrases: "Used cathode ray
			 tube(s)-contains leaded glass" or "Leaded glass from televisions or computers."
			 It must also be labeled: "Do not mix with other glass materials."
(3) Transportation. The used, broken CRTs
			 must be transported in a container meeting the requirements of paragraphs
			 (a)(1)(ii) and (2) of this section.
(4) Speculative accumulation and use
			 constituting disposal. The used, broken CRTs are subject to the limitations on
			 speculative accumulation as defined in paragraph (c)(8) of this section. If
			 they are used in a manner constituting disposal, they must comply with the
			 applicable requirements of Section 266, Subsection C of this rule instead of
			 the requirements of this section.
(5) Exports. In addition to the applicable
			 conditions specified in paragraphs (a)(1)-(4) of this section, exporters of
			 used, broken CRTs must comply with the following requirements:
(i) Notify the U.S. EPA of an intended export
			 before the CRTs are scheduled to leave the United States. A complete
			 notification should be submitted sixty (60) days before the initial shipment is
			 intended to be shipped off-site. This notification may cover export activities
			 extending over a twelve (12) month or lesser period. The notification must be
			 in writing, signed by the exporter, and include the following information:
(A) Name, mailing address, telephone number
			 and EPA ID number (if applicable) of the exporter of the CRTs.
(B) The estimated frequency or rate at which
			 the CRTs are to be exported and the period of time over which they are to be
			 exported.
(C) The estimated total
			 quantity of CRTs specified in kilograms.
(D) All points of entry to and departure from
			 each foreign country through which the CRTs will pass.
(E) A description of the means by which each
			 shipment of the CRTs will be transported (e.g., mode of transportation vehicle
			 (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks,
			 etc.)).
(F) The name and address of
			 the recycler or recyclers and the estimated quantity of used CRTs to be sent to
			 each facility, as well as the names of any alternate recyclers.
(G) A description of the manner in which the
			 CRTs will be recycled in the foreign country that will be receiving the
			 CRTs.
(H) The name of any transit
			 country through which the CRTs will be sent and a description of the
			 approximate length of time the CRTs will remain in such country and the nature
			 of their handling while there.
(ii) Notifications must be submitted
			 electronically using EPA's Waste Import Export Tracking System (WIETS), or its
			 successor system.
(iii) Upon
			 request by EPA, the exporter shall furnish to EPA any additional information
			 which a receiving country requests in order to respond to a
			 notification.
(iv) EPA will provide
			 a complete notification to the receiving country and any transit countries. A
			 notification is complete when EPA receives a notification which EPA determines
			 satisfies the requirements of paragraph (a)(5)(i) of this section.
(v) The export of CRTs is prohibited unless
			 all of the following occur:
(A) The receiving
			 country consents to the intended export. When the receiving country consents in
			 writing to the receipt of the CRTs, EPA will forward an Acknowledgment of
			 Consent to Export CRTs to the exporter. Where the receiving country objects to
			 receipt of the CRTs or withdraws a prior consent, EPA will notify the exporter
			 in writing. EPA will also notify the exporter of any responses from transit
			 countries.
(B) On or after the AES
			 filing compliance date of December 31, 2017, the exporter or a U.S. authorized
			 agent must:
(1) Submit Electronic Export
			 Information (EEI) for each shipment to the Automated Export System (AES) or its
			 successor system, under the International Trade Data System (ITDS) platform, in
			 accordance with
			 15
			 CFR 30.4(b).
(2) Include the following items in the EEI,
			 along with the other information required under
			 15 CFR
			 30.6:
(i)
			 EPA license code;
(ii) Commodity
			 classification code per
			 15 CFR
			 30.6(a)(12);
(iii) EPA consent number;
(iv) Country of ultimate destination per
			 15 CFR
			 30.6(a)(5);
(v) Date of export per
			 15 CFR
			 30.6(a)(2);
(vi) Quantity of waste in shipment and units
			 for reported quantity, if required reporting units established by value for the
			 reported commodity classification number are in units of weight or volume per
			 15 CFR
			 30.6(a)(15); or
(vii) EPA net quantity reported in units of
			 kilograms, if required reporting units established by value for the reported
			 commodity classification number are not in units of weight or volume.
(vi) When the conditions specified
			 on the original notification change, the exporter must provide EPA with a
			 written renotification of the change using the allowable methods listed in
			 paragraph (a)(5)(ii) of this section, except for changes to the telephone
			 number in paragraph (a)(5)(i)(A) of this section and decreases in the quantity
			 indicated pursuant to paragraph (a)(5)(i)(C) of this section. The shipment
			 cannot take place until consent of the receiving country to the changes has
			 been obtained (except for changes to information about points of entry and
			 departure and transit countries pursuant to paragraphs (a)(5)(i)(D) and (H) of
			 this section) and the exporter of CRTs receives from EPA a copy of the
			 Acknowledgment of Consent to Export CRTs reflecting the receiving country's
			 consent to the changes.
(vii) A
			 copy of the Acknowledgment of Consent to Export CRTs must accompany the
			 shipment of CRTs. The shipment must conform to the terms of the
			 Acknowledgment.
(viii) If a
			 shipment of CRTs cannot be delivered for any reason to the recycler or the
			 alternate recycler, the exporter of CRTs must renotify EPA of a change in the
			 conditions of the original notification to allow shipment to a new recycler in
			 accordance with paragraph (a)(5)(vi) of this section and obtain another
			 Acknowledgment of Consent to Export CRTs.
(ix) Exporters must keep copies of
			 notifications and Acknowledgments of Consent to Export CRTs for a period of
			 three years following receipt of the Acknowledgment.
Exporters may satisfy this recordkeeping requirement by
				retaining electronically submitted notifications or electronically generated
				Acknowledgements in the CRT exporter's account on EPA's Waste Import Export
				Tracking System (WIETS), or its successor system, provided that such copies are
				readily available for viewing and production if requested by any EPA or
				authorized state inspector. No CRT exporter may be held liable for the
				inability to produce a notification or Acknowledgement for inspection under
				this section if the CRT exporter can demonstrate that the inability to produce
				such copies are due exclusively to technical difficulty with EPA's Waste Import
				Export Tracking System (WIETS), or its successor system for which the CRT
				exporter bears no responsibility.
(x) CRT exporters must file with EPA no later
			 than March 1 of each year, an annual report summarizing the quantities (in
			 kilograms), frequency of shipment, and ultimate destination(s)
			 (
i.e
., the facility or facilities where the recycling occurs)
			 of all used CRTs exported during the previous calendar year. Such reports must
			 also include the following:
(A) The name, EPA
			 ID number (if applicable), and mailing and site address of the
			 exporter;
(B) The calendar year
			 covered by the report;
(C) A
			 certification signed by the CRT exporter that states: "I certify under penalty
			 of law that I have personally examined and am familiar with the information
			 submitted in this and all attached documents and that, based on my inquiry of
			 those individuals immediately responsible for obtaining this information, I
			 believe that the submitted information is true, accurate, and complete. I am
			 aware that there are significant penalties for submitting false information,
			 including the possibility of fine and imprisonment."
(xi) Prior to one year after the AES filing
			 compliance date, annual reports must be sent to the following mailing address:
			 Office of Enforcement and Compliance Assurance, Office of Federal Activities,
			 International Compliance Assurance Division, (Mail Code 2254A), Environmental
			 Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
			 Hand-delivered annual reports on used CRTs exported during 2016 should be sent
			 to: Office of Enforcement and Compliance Assurance, Office of Federal
			 Activities, International Compliance Assurance Division, (Mail Code 2254A),
			 Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania
			 Ave. NW., Washington, DC. Subsequently, annual reports must be submitted to the
			 office listed using the allowable methods specified in paragraph (a)(5)(ii) of
			 this section. Exporters must keep copies of each annual report for a period of
			 at least three years from the due date of the report. Exporters may satisfy
			 this recordkeeping requirement by retaining electronically submitted annual
			 reports in the CRT exporter's account on EPA's Waste Import Export Tracking
			 System (WIETS), or its successor system, provided that a copy is readily
			 available for viewing and production if requested by any EPA or authorized
			 state inspector. No CRT exporter may be held liable for the inability to
			 produce an annual report for inspection under this section if the CRT exporter
			 can demonstrate that the inability to produce the annual report is due
			 exclusively to technical difficulty with EPA's Waste Import Export Tracking
			 System (WIETS), or its successor system for which the CRT exporter bears no
			 responsibility.
(b) Requirements for used CRT processing:
			 Used, broken CRTs undergoing CRT processing as defined in § 260.10 of this
			 rule are not solid wastes if they meet the following requirements:
(1) Storage. Used, broken CRTs undergoing
			 processing are subject to the requirement of paragraph (a)(4) of this section.
(2) Processing.
(i) All activities specified in paragraphs
			 (2) and (3) of the definition of "CRT processing" in § 260.10 of this rule
			 must be performed within a building with a roof, floor, and walls;
			 and
(ii) No activities may be
			 performed that use temperatures high enough to volatilize lead from
			 CRTs.
(c)
			 Processed CRT glass sent to CRT glass making or lead smelting: Glass from used
			 CRTs that is destined for recycling at a CRT glass manufacturer or a lead
			 smelter after processing is not a solid waste unless it is speculatively ac
			 cumulated as defined in § 261.1(c)(8).
(d) Use constituting disposal: Glass from
			 used CRTs that is used in a manner constituting disposal must comply with the
			 requirements of Section 266, subsection C of this rule instead of the
			 requirements of this section.
Used, intact CRTs exported for recycling are not solid wastes
				if they meet the notice and consent conditions of § 261.39(a)(5), and if
				they are not speculatively accumulated as defined in §
				261.1(c)(8).
§
			 261.40
Conditional Exclusion for Used, Intact Cathode Ray
			 Tubes (CRTs) Exported for Recycling.
Used, intact CRTs exported for recycling are not solid wastes
				if they meet the notice and consent conditions of § 261.39(a)(5), and if
				they are not speculatively accumulated as defined in §
				261.1(c)(8).
§ 261.41
Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs)
			 Exported for Reuse
(a) CRT exporters
			 who export used, intact CRTs for reuse must send a notification to EPA. This
			 notification may cover export activities extending over a twelve (12) month or
			 lesser period.
(1) The notification must be
			 in writing, signed by the exporter, and include the following information:
(i) Name, mailing address, telephone number,
			 and EPA ID number (if applicable) of the exporter of the used, intact
			 CRTs;
(ii) The estimated frequency
			 or rate at which the used, intact CRTs are to be exported for reuse and the
			 period of time over which they are to be exported;
(iii) The estimated total quantity of used,
			 intact CRTs specified in kilograms;
(iv) All points of entry to and departure
			 from each transit country through which the used, intact CRTs will pass, a
			 description of the approximate length of time the used, intact CRTs will remain
			 in such country, and the nature of their handling while there;
(v) A description of the means by which each
			 shipment of the used, intact CRTs will be transported (e.g., mode of
			 transportation vehicle (air, highway, rail, water, etc.), type(s) of container
			 (drums, boxes, tanks, etc.));
(vi)
			 The name and address of the ultimate destination facility or facilities where
			 the used, intact CRTs will be reused, refurbished, distributed, or sold for
			 reuse and the estimated quantity of used, intact CRTs to be sent to each
			 facility, as well as the name of any alternate destination facility or
			 facilities;
(vii) A description of
			 the manner in which the used, intact CRTs will be reused (including reuse after
			 refurbishment) in the foreign country that will be receiving the used, intact
			 CRTs; and
(viii) A certification
			 signed by the CRT exporter that states: "I certify under penalty of law that
			 the CRTs described in this notice are intact and fully functioning or capable
			 of being functional after refurbishment and that the used CRTs will be reused
			 or refurbished and reused. I certify under penalty of law that I have
			 personally examined and am familiar with the information submitted in this and
			 all attached documents and that, based on my inquiry of those individuals
			 immediately responsible for obtaining the information, I believe that the
			 submitted information is true, accurate, and complete. I am aware that there
			 are significant penalties for submitting false information, including the
			 possibility of fine and imprisonment."
(2) Notifications submitted by mail should be
			 sent to the following mailing address: Office of Enforcement and Compliance
			 Assurance, Office of Federal Activities, International Compliance Assurance
			 Division, (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania
			 Ave. NW, Washington, DC 20460. Hand-delivered notifications should be sent to:
			 Office of Enforcement and Compliance Assurance, Office of Federal Activities,
			 International Compliance Assurance Division, (Mail Code 2254A), Environmental
			 Protection Agency, William Jefferson Clinton Building, Room 6144, 1200
			 Pennsylvania Ave. N.W., Washington, DC 20004. In both cases, the following
			 shall be prominently displayed on the front of the envelope: "Attention:
			 Notification of Intent to Export CRTs."
(b) CRT exporters of used, intact CRTs sent
			 for reuse must keep copies of normal business records, such as contracts,
			 demonstrating that each shipment of exported used, intact CRTs will be reused.
			 This documentation must be retained for a period of at least three years from
			 the date the CRTs were exported. If the documents are written in a language
			 other than English, CRT exporters of used, intact CRTs sent for reuse must
			 provide both the original, non-English version of the normal business records
			 as well as a third-party translation of the normal business records into
			 English within 30 days upon request by EPA.
Subsection F
- G
			 [Reserved]
Subsection H
- Financial Requirements for Management of Excluded Hazardous Secondary
			 Materials
§ 261.140
Applicability
(a) The
			 requirements of this Subsection apply to owners or operators of reclamation and
			 intermediate facilities managing hazardous secondary materials excluded under
			 APC&EC Rule No. 23 §261.4(a)(24), except as provided otherwise in this
			 section.
(b) States and the Federal
			 government are exempt from the financial assurance requirements of this
			 subsection.
§ 261.141
Definitions of terms as used in this
			 section
The terms defined in §265.141(d), (f), (g), and (h) of
				this rule have the same meaning in this subsection as they do in §265.141
				of this rule.
§ 261.142
Cost estimate
(a) The owner or
			 operator must have a detailed written estimate, in current dollars, of the cost
			 of disposing of any hazardous secondary material as listed or characteristic
			 hazardous waste, and the potential cost of closing the facility as a treatment,
			 storage, and disposal facility.
(1) The
			 estimate must equal the cost of conducting the activities described in
			 paragraph (a) of this section at the point when the extent and manner of the
			 facility's operation would make these activities the most expensive;
			 and
(2) The cost estimate must be
			 based on the costs to the owner or operator of hiring a third party to conduct
			 these activities. A third party is a party who is neither a parent nor a
			 subsidiary of the owner or operator. (See definition of parent corporation in
			 §265.141(d) of this rule.) The owner or operator may use costs for on-site
			 disposal in accordance with applicable requirements if he can demonstrate that
			 on-site disposal capacity will exist at all times over the life of the
			 facility.
(3) The cost estimate may
			 not incorporate any salvage value that may be realized with the sale of
			 hazardous secondary materials, or hazardous or non-hazardous wastes if
			 applicable under §265.113(d) of this rule, facility structures or
			 equipment, land, or other assets associated with the facility.
(4) The owner or operator may not incorporate
			 a zero cost for hazardous secondary materials, or hazardous or non-hazardous
			 wastes if applicable under §265.113(d) of this rule that might have
			 economic value.
(b)
			 During the active life of the facility, the owner or operator must adjust the
			 cost estimate for inflation within 60 days prior to the anniversary date of the
			 establishment of the financial instrument(s) used to comply with §261.143.
			 For owners and operators using the financial test or corporate guarantee, the
			 cost estimate must be updated for inflation within 30 days after the close of
			 the firm's fiscal year and before submission of updated information to the
			 Director as specified in §261.143(e)(3). The adjustment may be made by
			 recalculating the cost estimate in current dollars, or by using an inflation
			 factor derived from the most recent Implicit Price Deflator for Gross National
			 Product published by the U.S. Department of Commerce in its Survey of Current
			 Business, as specified in paragraphs (b)(1) and (2) of this section. The
			 inflation factor is the result of dividing the latest published annual Deflator
			 by the Deflator for the previous year.
(1) The
			 first adjustment is made by multiplying the cost estimate by the inflation
			 factor. The result is the adjusted cost estimate.
(2) Subsequent adjustments are made by
			 multiplying the latest adjusted cost estimate by the latest inflation
			 factor.
(c) During the
			 active life of the facility, the owner or operator must revise the cost
			 estimate no later than 30 days after a change in a facility's operating plan or
			 design that would increase the costs of conducting the activities described in
			 paragraph (a) or no later than 60 days after an unexpected event which
			 increases the cost of conducting the activities described in paragraph (a) of
			 this section. The revised cost estimate must be adjusted for inflation as
			 specified in paragraph (b) of this section.
(d) The owner or operator must keep the
			 following at the facility during the operating life of the facility: The latest
			 cost estimate prepared in accordance with paragraphs (a) and (c) and, when this
			 estimate has been adjusted in accordance with paragraph (b), the latest
			 adjusted cost estimate.
§
			 261.143
Financial assurance
Per §261.4(a)(24)(vi)(F) of this rule, an owner or
				operator of a reclamation or intermediate facility must have financial
				assurance as a condition of the exclusion as required under §261.4(a)(24)
				of this rule. He must choose from the options as specified in paragraphs (a)
				through (e) of this rule.
(a) Trust
			 fund.
(1) An owner or operator may satisfy
			 the requirements of this section by establishing a trust fund which conforms to
			 the requirements of this paragraph and submitting an originally signed
			 duplicate of the trust agreement to the Director. The trustee must be an entity
			 which has the authority to act as a trustee and whose trust operations are
			 regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
			 be identical to the wording specified in §264.151(a)(1), and the trust
			 agreement must be accompanied by a formal certification of acknowledgment (for
			 example, see §264.151(a)(2)). Schedule A of the trust agreement must be
			 updated within 60 days after a change in the amount of the current cost
			 estimate covered by the agreement.
(3) The trust fund must be funded for the
			 full amount of the current cost estimate before it may be relied upon to
			 satisfy the requirements of this section.
(4) Whenever the current cost estimate
			 changes, the owner or operator must compare the new estimate with the trustee's
			 most recent annual valuation of the trust fund. If the value of the fund is
			 less than the amount of the new estimate, the owner or operator, within 60 days
			 after the change in the cost estimate, must either deposit an amount into the
			 fund so that its value after this deposit at least equals the amount of the
			 current cost estimate, or obtain other financial assurance as specified in this
			 section to cover the difference.
(5) If the value of the trust fund is greater
			 than the total amount of the current cost estimate, the owner or operator may
			 submit a written request to the Director for release of the amount in excess of
			 the current cost estimate.
(6) If
			 an owner or operator substitutes other financial assurance as specified in this
			 section for all or part of the trust fund, he may submit a written request to
			 the Director for release of the amount in excess of the current cost estimate
			 covered by the trust fund.
(7)
			 Within 60 days after receiving a request from the owner or operator for release
			 of funds as specified in paragraph (a) (5) or (6) of this section, the Director
			 will instruct the trustee to release to the owner or operator such funds as the
			 Director specifies in writing. If the owner or operator begins final closure
			 under Subsection G of APC&EC Section 264 or 265, an owner or operator may
			 request reimbursements for partial or final closure expenditures by submitting
			 itemized bills to the Director. The owner or operator may request
			 reimbursements for partial closure only if sufficient funds are remaining in
			 the trust fund to cover the maximum costs of closing the facility over its
			 remaining operating life. No later than 60 days after receiving bills for
			 partial or final closure activities, the Director will instruct the trustee to
			 make reimbursements in those amounts as the Director specifies in writing, if
			 the Director determines that the partial or final closure expenditures are in
			 accordance with the approved closure plan, or otherwise justified. If the
			 Director has reason to believe that the maximum cost of closure over the
			 remaining life of the facility will be significantly greater than the value of
			 the trust fund, he may withhold reimbursements of such amounts as he deems
			 prudent until he determines, in accordance with §265.143(i) that the owner
			 or operator is no longer required to maintain financial assurance for final
			 closure of the facility. If the Director does not instruct the trustee to make
			 such reimbursements, he will provide to the owner or operator a detailed
			 written statement of reasons.
(8)
			 The Director will agree to termination of the trust when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with paragraph (i)
			 of this section.
(b)
			  Surety bond guaranteeing payment into a trust fund.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining a surety bond which conforms to the
			 requirements of this paragraph and submitting the bond to the Director. The
			 surety company issuing the bond must, at a minimum, be among those listed as
			 acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of
			 the Treasury.
(2) The wording of
			 the surety bond must be identical to the wording specified in
			 §264.151(b).
(3) The owner or
			 operator who uses a surety bond to satisfy the requirements of this section
			 must also establish a standby trust fund. Under the terms of the bond, all
			 payments made thereunder will be deposited by the surety directly into the
			 standby trust fund in accordance with instructions from the Director. This
			 standby trust fund must meet the requirements specified in paragraph (a) of
			 this section, except that:
(i) An originally
			 signed duplicate of the trust agreement must be submitted to the Director with
			 the surety bond; and
(ii) Until the
			 standby trust fund is funded pursuant to the requirements of this section, the
			 following are not required by these rules:
(A)
			 Payments into the trust fund as specified in paragraph (a) of this
			 section;
(B) Updating of Schedule A
			 of the trust agreement (see §264.151(a)) to show current cost
			 estimates;
(C) Annual valuations as
			 required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The bond must guarantee that the owner or
			 operator will:
(i) Fund the standby trust fund
			 in an amount equal to the penal sum of the bond before loss of the exclusion
			 under §261.4(a)(24) of this rule or
(ii) Fund the standby trust fund in an amount
			 equal to the penal sum within 15 days after an administrative order to begin
			 closure issued by the Director becomes final, or within 15 days after an order
			 to begin closure is issued by a U.S. district court or other court of competent
			 jurisdiction; or
(iii) Provide
			 alternate financial assurance as specified in this section, and obtain the
			 Director's written approval of the assurance provided, within 90 days after
			 receipt by both the owner or operator and the Director of a notice of
			 cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety
			 will become liable on the bond obligation when the owner or operator fails to
			 perform as guaranteed by the bond.
(6) The penal sum of the bond must be in an
			 amount at least equal to the current cost estimate, except as provided in
			 paragraph (f) of this section.
(7)
			 Whenever the current cost estimate increases to an amount greater than the
			 penal sum, the owner or operator, within 60 days after the increase, must
			 either cause the penal sum to be increased to an amount at least equal to the
			 current cost estimate and submit evidence of such increase to the Director, or
			 obtain other financial assurance as specified in this section to cover the
			 increase. Whenever the current cost estimate decreases, the penal sum may be
			 reduced to the amount of the current cost estimate following written approval
			 by the Director.
(8) Under the
			 terms of the bond, the surety may cancel the bond by sending notice of
			 cancellation by certified mail to the owner or operator and to the Director.
			 Cancellation may not occur, however, during the 120 days beginning on the date
			 of receipt of the notice of cancellation by both the owner or operator and the
			 Director, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond
			 if the Director has given prior written consent based on his receipt of
			 evidence of alternate financial assurance as specified in this
			 section.
(c) Letter of
			 credit.
(1) An owner or operator may satisfy
			 the requirements of this section by obtaining an irrevocable standby letter of
			 credit which conforms to the requirements of this paragraph and submitting the
			 letter to the Director. The issuing institution must be an entity which has the
			 authority to issue letters of credit and whose letter-of-credit operations are
			 regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit must
			 be identical to the wording specified in §264.151(c).
(3) An owner or operator who uses a letter of
			 credit to satisfy the requirements of this section must also establish a
			 standby trust fund. Under the terms of the letter of credit, all amounts paid
			 pursuant to a draft by the Director will be deposited by the issuing
			 institution directly into the standby trust fund in accordance with
			 instructions from the Director. This standby trust fund must meet the
			 requirements of the trust fund specified in paragraph (a) of this section,
			 except that:
(i) An originally signed
			 duplicate of the trust agreement must be submitted to the Director with the
			 letter of credit; and
(ii) Unless
			 the standby trust fund is funded pursuant to the requirements of this section,
			 the following are not required by these rules:
(A) Payments into the trust fund as specified
			 in paragraph (a) of this section;
(B) Updating of Schedule A of the trust
			 agreement (see §264.151(a)) to show current cost estimates;
(C) Annual valuations as required by the
			 trust agreement; and
(D) Notices of
			 nonpayment as required by the trust agreement.
(4) The letter of credit must be accompanied
			 by a letter from the owner or operator referring to the letter of credit by
			 number, issuing institution, and date, and providing the following information:
			 The EPA Identification Number (if any issued), name, and address of the
			 facility, and the amount of funds assured for the facility by the letter of
			 credit.
(5) The letter of credit
			 must be irrevocable and issued for a period of at least 1 year. The letter of
			 credit must provide that the expiration date will be automatically extended for
			 a period of at least 1 year unless, at least 120 days before the current
			 expiration date, the issuing institution notifies both the owner or operator
			 and the Director by certified mail of a decision not to extend the expiration
			 date. Under the terms of the letter of credit, the 120 days will begin on the
			 date when both the owner or operator and the Director have received the notice,
			 as evidenced by the return receipts.
(6) The letter of credit must be issued in an
			 amount at least equal to the current cost estimate, except as provided in
			 paragraph (f) of this section.
(7)
			 Whenever the current cost estimate increases to an amount greater than the
			 amount of the credit, the owner or operator, within 60 days after the increase,
			 must either cause the amount of the credit to be increased so that it at least
			 equals the current cost estimate and submit evidence of such increase to the
			 Director, or obtain other financial assurance as specified in this section to
			 cover the increase. Whenever the current cost estimate decreases, the amount of
			 the credit may be reduced to the amount of the current cost estimate following
			 written approval by the Director.
(8) Following a determination by the Director
			 that the hazardous secondary materials do not meet the conditions of the
			 exclusion under §261.4(a)(24), the Director may draw on the letter of
			 credit.
(9) If the owner or
			 operator does not establish alternate financial assurance as specified in this
			 section and obtain written approval of such alternate assurance from the
			 Director within 90 days after receipt by both the owner or operator and the
			 Director of a notice from the issuing institution that it has decided not to
			 extend the letter of credit beyond the current expiration date, the Director
			 will draw on the letter of credit. The Director may delay the drawing if the
			 issuing institution grants an extension of the term of the credit. During the
			 last 30 days of any such extension the Director will draw on the letter of
			 credit if the owner or operator has failed to provide alternate financial
			 assurance as specified in this section and obtain written approval of such
			 assurance from the Director.
(10)
			 The Director will return the letter of credit to the issuing institution for
			 termination when:
(i) An owner or operator
			 substitutes alternate financial assurance as specified in this section;
			 or
(ii) The Director releases the
			 owner or operator from the requirements of this section in accordance with
			 paragraph (i) of this section.
(d) Insurance.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining insurance which conforms to the
			 requirements of this paragraph and submitting a certificate of such insurance
			 to the Director At a minimum, the insurer must be licensed to transact the
			 business of insurance, or eligible to provide insurance as an excess or surplus
			 lines insurer, in one or more States.
(2) The wording of the certificate of
			 insurance must be identical to the wording specified in
			 §264.151(d).
(3) The insurance
			 policy must be issued for a face amount at least equal to the current cost
			 estimate, except as provided in paragraph (f) of this section. The term "face
			 amount" means the total amount the insurer is obligated to pay under the
			 policy. Actual payments by the insurer will not change the face amount,
			 although the insurer's future liability will be lowered by the amount of the
			 payments.
(4) The insurance policy
			 must guarantee that funds will be available whenever needed to pay the cost of
			 removal of all hazardous secondary materials from the unit, to pay the cost of
			 decontamination of the unit, to pay the costs of the performance of activities
			 required under Subsection G of APC&EC Rule No. 23 Sections 264 or 265, as
			 applicable, for the facilities covered by this policy. The policy must also
			 guarantee that once funds are needed, the insurer will be responsible for
			 paying out funds, up to an amount equal to the face amount of the policy, upon
			 the direction of the Director, to such party or parties as the Director
			 specifies.
(5) After beginning
			 partial or final closure under APC&EC Rule No. 23 Sections 264 or 265, as
			 applicable, an owner or operator or any other authorized person may request
			 reimbursements for closure expenditures by submitting itemized bills to the
			 Director. The owner or operator may request reimbursements only if the
			 remaining value of the policy is sufficient to cover the maximum costs of
			 closing the facility over its remaining operating life. Within 60 days after
			 receiving bills for closure activities, the Director will instruct the insurer
			 to make reimbursements in such amounts as the Director specifies in writing if
			 the Director determines that the expenditures are in accordance with the
			 approved plan or otherwise justified. If the Director has reason to believe
			 that the maximum cost over the remaining life of the facility will be
			 significantly greater than the face amount of the policy, he may withhold
			 reimbursement of such amounts as he deems prudent until he determines, in
			 accordance with paragraph (h) of this section, that the owner or operator is no
			 longer required to maintain financial assurance for the particular facility. If
			 the Director does not instruct the insurer to make such reimbursements, he will
			 provide to the owner or operator a detailed written statement of
			 reasons.
(6) The owner or operator
			 must maintain the policy in full force and effect until the Director consents
			 to termination of the policy by the owner or operator as specified in paragraph
			 (i)(10) of this section. Failure to pay the premium, without substitution of
			 alternate financial assurance as specified in this section, will constitute a
			 significant violation of these rule warranting such remedy as the Director
			 deems necessary. Such violation will be deemed to begin upon receipt by the
			 Director of a notice of future cancellation, termination, or failure to renew
			 due to nonpayment of the premium, rather than upon the date of
			 expiration.
(7) Each policy must
			 contain a provision allowing assignment of the policy to a successor owner or
			 operator. Such assignment may be conditional upon consent of the insurer,
			 provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer
			 may not cancel, terminate, or fail to renew the policy except for failure to
			 pay the premium. The automatic renewal of the policy must, at a minimum,
			 provide the insured with the option of renewal at the face amount of the
			 expiring policy. If there is a failure to pay the premium, the insurer may
			 elect to cancel, terminate, or fail to renew the policy by sending notice by
			 certified mail to the owner or operator and the Director. Cancellation,
			 termination, or failure to renew may not occur, however, during the 120 days
			 beginning with the date of receipt of the notice by both the Director and the
			 owner or operator, as evidenced by the return receipts. Cancellation,
			 termination, or failure to renew may not occur and the policy will remain in
			 full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
			 abandoned; or
(ii) Conditional
			 exclusion or interim status is lost, terminated, or revoked; or
(iii) Closure is ordered by the Director or a
			 U.S. district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor
			 in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S.
			 Code; or
(v) The premium due is
			 paid.
(9) Whenever the
			 current cost estimate increases to an amount greater than the face amount of
			 the policy, the owner or operator, within 60 days after the increase, must
			 either cause the face amount to be increased to an amount at least equal to the
			 current cost estimate and submit evidence of such increase to the Director, or
			 obtain other financial assurance as specified in this section to cover the
			 increase. Whenever the current cost estimate decreases, the face amount may be
			 reduced to the amount of the current cost estimate following written approval
			 by the Director.
(10) The Director
			 will give written consent to the owner or operator that he may terminate the
			 insurance policy when:
(i) An owner or
			 operator substitutes alternate financial assurance as specified in this
			 section; or
(ii) The Director
			 releases the owner or operator from the requirements of this section in
			 accordance with paragraph (i) of this section.
(e) Financial test and corporate guarantee.
(1) An owner or operator may satisfy the
			 requirements of this section by demonstrating that he passes a financial test
			 as specified in this paragraph. To pass this test the owner or operator must
			 meet the criteria of either paragraph (e)(1) (i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: A
			 ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
			 net income plus depreciation, depletion, and amortization to total liabilities
			 greater than 0.1; and a ratio of current assets to current liabilities greater
			 than 1.5; and
(B) Net working
			 capital and tangible net worth each at least six times the sum of the current
			 cost estimates and the current plugging and abandonment cost estimates;
			 and
(C) Tangible net worth of at
			 least $10 million; and
(D) Assets
			 located in the United States amounting to at least 90 percent of total assets
			 or at least six times the sum of the current cost estimates and the current
			 plugging and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
			 issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A,
			 or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the
			 sum of the current cost estimates and the current plugging and abandonment cost
			 estimates; and
(C) Tangible net
			 worth of at least $10 million; and
(D) Assets located in the United States
			 amounting to at least 90 percent of total assets or at least six times the sum
			 of the current cost estimates and the current plugging and abandonment cost
			 estimates.
(2) The phrase "current cost estimates" as
			 used in paragraph (e)(1) of this section refers to the cost estimates required
			 to be shown in paragraphs 1-4 of the letter from the owner's or operator's
			 chief financial officer (§264.151(e)). The phrase "current plugging and
			 abandonment cost estimates" as used in paragraph (e)(1) of this section refers
			 to the cost estimates required to be shown in paragraphs 1-4 of the letter from
			 the owner's or operator's chief financial officer (
			 40 CFR §
														144.70(f) ).
(3) To demonstrate that he meets this test,
			 the owner or operator must submit the following items to the Director:
(i) A letter signed by the owner's or
			 operator's chief financial officer and worded as specified in §264.151(e);
			 and
(ii) A copy of the independent
			 certified public accountant's report on examination of the owner's or
			 operator's financial statements for the latest completed fiscal year;
			 and
(iii) If the chief financial
			 officer's letter providing evidence of financial assurance includes financial
			 data showing that the owner or operator satisfies paragraph (e)(1)(i) of this
			 section that are different from the data in the audited financial statements
			 referred to in paragraph (e)(3)(ii)of this section or any other audited
			 financial statement or data filed with the SEC, then a special report from the
			 owner's or operator's independent certified public accountant to the owner or
			 operator is required. The special report shall be based upon an agreed upon
			 procedures engagement in accordance with professional auditing standards and
			 shall describe the procedures performed in comparing the data in the chief
			 financial officer's letter derived from the independently audited, year-end
			 financial statements for the latest fiscal year with the amounts in such
			 financial statements, the findings of the comparison, and the reasons for any
			 differences.
(4) The
			 owner or operator may obtain an extension of the time allowed for submission of
			 the documents specified in paragraph (e)(3) of this section if the fiscal year
			 of the owner or operator ends during the 90 days prior to the effective date of
			 these rules and if the year-end financial statements for that fiscal year will
			 be audited by an independent certified public accountant. The extension will
			 end no later than 90 days after the end of the owner's or operator's fiscal
			 year. To obtain the extension, the owner's or operator's chief financial
			 officer must send, by the effective date of these rules, a letter to the
			 Director. This letter from the chief financial officer must:
(i) Request the extension;
(ii) Certify that he has grounds to believe
			 that the owner or operator meets the criteria of the financial test;
(iii) Specify for each facility to be covered
			 by the test the EPA Identification Number (if any issued), name, address, and
			 current cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or
			 operator's last complete fiscal year before the effective date of these rules
			 in this subpart;
(v) Specify the
			 date, no later than 90 days after the end of such fiscal year, when he will
			 submit the documents specified in paragraph (e)(3) of this section;
			 and
(vi) Certify that the year-end
			 financial statements of the owner or operator for such fiscal year will be
			 audited by an independent certified public accountant.
(5) After the initial submission of items
			 specified in paragraph (e)(3) of this section, the owner or operator must send
			 updated information to the Director within 90 days after the close of each
			 succeeding fiscal year. This information must consist of all three items
			 specified in paragraph (e)(3) of this section.
(6) If the owner or operator no longer meets
			 the requirements of paragraph (e)(1) of this section, he must send notice to
			 the Director of intent to establish alternate financial assurance as specified
			 in this section. The notice must be sent by certified mail within 90 days after
			 the end of the fiscal year for which the year-end financial data show that the
			 owner or operator no longer meets the requirements. The owner or operator must
			 provide the alternate financial assurance within 120 days after the end of such
			 fiscal year.
(7) The Director may,
			 based on a reasonable belief that the owner or operator may no longer meet the
			 requirements of paragraph (e)(1) of this section, require reports of financial
			 condition at any time from the owner or operator in addition to those specified
			 in paragraph (e)(3) of this section. If the Director finds, on the basis of
			 such reports or other information, that the owner or operator no longer meets
			 the requirements of paragraph (e)(1) of this section, the owner or operator
			 must provide alternate financial assurance as specified in this section within
			 30 days after notification of such a finding.
(8) The Director may disallow use of this
			 test on the basis of qualifications in the opinion expressed by the independent
			 certified public accountant in his report on examination of the owner's or
			 operator's financial statements (see paragraph (e)(3)(ii) of this section). An
			 adverse opinion or a disclaimer of opinion will be cause for disallowance. The
			 Director will evaluate other qualifications on an individual basis. The owner
			 or operator must provide alternate financial assurance as specified in this
			 section within 30 days after notification of the disallowance.
(9) The owner or operator is no longer
			 required to submit the items specified in paragraph (e)(3) of this section
			 when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with paragraph (i)
			 of this section.
(10) An
			 owner or operator may meet the requirements of this section by obtaining a
			 written guarantee. The guarantor must be the direct or higher-tier parent
			 corporation of the owner or operator, a firm whose parent corporation is also
			 the parent corporation of the owner or operator, or a firm with a "substantial
			 business relationship" with the owner or operator. The guarantor must meet the
			 requirements for owners or operators in paragraphs (e)(1) through (8) of this
			 section and must comply with the terms of the guarantee. The wording of the
			 guarantee must be identical to the wording specified in §264.151(g)(1). A
			 certified copy of the guarantee must accompany the items sent to the Director
			 as specified in paragraph (e)(3) of this section. One of these items must be
			 the letter from the guarantor's chief financial officer. If the guarantor's
			 parent corporation is also the parent corporation of the owner or operator, the
			 letter must describe the value received in consideration of the guarantee. If
			 the guarantor is a firm with a "substantial business relationship" with the
			 owner or operator, this letter must describe this "substantial business
			 relationship" and the value received in consideration of the guarantee. The
			 terms of the guarantee must provide that:
(i)
			 Following a determination by the Director that the hazardous secondary
			 materials at the owner or operator's facility covered by this guarantee do not
			 meet the conditions of the exclusion under §261.4(a)(24) of this rule, the
			 guarantor will dispose of any hazardous secondary material as hazardous waste
			 and close the facility in accordance with closure requirements found in
			 Sections 264 or 265 of this rule, as applicable, or establish a trust fund as
			 specified in paragraph (a) of this section in the name of the owner or operator
			 in the amount of the current cost estimate.
(ii) The corporate guarantee will remain in
			 force unless the guarantor sends notice of cancellation by certified mail to
			 the owner or operator and to the Director. Cancellation may not occur, however,
			 during the 120 days beginning on the date of receipt of the notice of
			 cancellation by both the owner or operator and the Director, as evidenced by
			 the return receipts.
(iii) If the
			 owner or operator fails to provide alternate financial assurance as specified
			 in this section and obtain the written approval of such alternate assurance
			 from the Director within 90 days after receipt by both the owner or operator
			 and the Director of a notice of cancellation of the corporate guarantee from
			 the guarantor, the guarantor will provide such alternate financial assurance in
			 the name of the owner or operator.
(f) Use of multiple financial mechanisms. An
			 owner or operator may satisfy the requirements of this section by establishing
			 more than one financial mechanism per facility. These mechanisms are limited to
			 trust funds, surety bonds, letters of credit, and insurance. The mechanisms
			 must be as specified in paragraphs (a) through (d) of this section,
			 respectively, of this section, except that it is the combination of mechanisms,
			 rather than the single mechanism, which must provide financial assurance for an
			 amount at least equal to the current cost estimate. If an owner or operator
			 uses a trust fund in combination with a surety bond or a letter of credit, he
			 may use the trust fund as the standby trust fund for the other mechanisms. A
			 single standby trust fund may be established for two or more mechanisms. The
			 Director may use any or all of the mechanisms to provide for the
			 facility.
(g) Use of a financial
			 mechanism for multiple facilities. An owner or operator may use a financial
			 assurance mechanism specified in this section to meet the requirements of this
			 section for more than one facility. Evidence of financial assurance submitted
			 to the Director must include a list showing, for each facility, the EPA
			 Identification Number (if any issued), name, address, and the amount of funds
			 assured by the mechanism. The amount of funds available through the mechanism
			 must be no less than the sum of funds that would be available if a separate
			 mechanism had been established and maintained for each facility. In directing
			 funds available through the mechanism for any of the facilities covered by the
			 mechanism, the Director may direct only the amount of funds designated for that
			 facility, unless the owner or operator agrees to the use of additional funds
			 available under the mechanism.
(h)
			 Removal and Decontamination Plan for Release
(1) An owner or operator of a reclamation
			 facility or an intermediate facility who wishes to be released from his
			 financial assurance obligations under §261.4(a)(24)(vi)(F) of this rule
			 must submit a plan for removing all hazardous secondary material residues to
			 the Director at least 180 days prior to the date on which he expects to cease
			 to operate under the exclusion.
(2)
			 The plan must include, at least:
(A) For each
			 hazardous secondary materials storage unit subject to financial assurance
			 requirements under §261.4(a)(24)(vi)(F), a description of how all excluded
			 hazardous secondary materials will be recycled or sent for recycling, and how
			 all residues, contaminated containment systems (liners, etc), contaminated
			 soils, subsoils, structures, and equipment will be removed or decontaminated as
			 necessary to protect human health and the environment, and
(B) A detailed description of the steps
			 necessary to remove or decontaminate all hazardous secondary material residues
			 and contaminated containment system components, equipment, structures, and
			 soils including, but not limited to, procedures for cleaning equipment and
			 removing contaminated soils, methods for sampling and testing surrounding
			 soils, and criteria for determining the extent of decontamination necessary to
			 protect human health and the environment; and
(C) A detailed description of any other
			 activities necessary to protect human health and the environment during this
			 timeframe, including, but not limited to, leachate collection, run-on and
			 run-off control, etc; and
(D) A
			 schedule for conducting the activities described which, at a minimum, includes
			 the total time required to remove all excluded hazardous secondary materials
			 for recycling and decontaminate all units subject to financial assurance under
			 §261.4(a)(24)(vi)(F) and the time required for intervening activities
			 which will allow tracking of the progress of decontamination.
(3) The Director will provide the
			 owner or operator and the public, through a newspaper notice, the opportunity
			 to submit written comments on the plan and request modifications to the plan no
			 later than 30 days from the date of the notice. He will also, in response to a
			 request or at his discretion, hold a public hearing whenever such a hearing
			 might clarify one or more issues concerning the plan. The Director will give
			 public notice of the hearing at least 30 days before it occurs. (Public notice
			 of the hearing may be given at the same time as notice of the opportunity for
			 the public to submit written comments, and the two notices may be combined.)
			 The Director will approve, modify, or disapprove the plan within 90 days of its
			 receipt. If the Director does not approve the plan, he shall provide the owner
			 or operator with a detailed written statement of reasons for the refusal and
			 the owner or operator must modify the plan or submit a new plan for approval
			 within 30 days after receiving such written statement. The Director will
			 approve or modify this plan in writing within 60 days. If the Director modifies
			 the plan, this modified plan becomes the approved plan. The Director must
			 assure that the approved plan is consistent with paragraph (h) of this section.
			 A copy of the modified plan with a detailed statement of reasons for the
			 modifications must be mailed to the owner or operator.
(4) Within 60 days of completion of the
			 activities described for each hazardous secondary materials management unit,
			 the owner or operator must submit to the Director, by registered mail, a
			 certification that all hazardous secondary materials have been removed from the
			 unit and the unit has been decontaminated in accordance with the specifications
			 in the approved plan. The certification must be signed by the owner or operator
			 and by an independent qualified Arkansas-registered Professional Engineer.
			 Documentation supporting the Professional Engineer's certification must be
			 furnished to the Director, upon request, until he releases the owner or
			 operator from the financial assurance requirements for
			 §261.4(a)(24)(vi)(F).
(i) Release of the owner or operator from the
			 requirements of this section. Within 60 days after receiving certifications
			 from the owner or operator and an independent qualified Arkansas-registered
			 Professional Engineer that all hazardous secondary materials have been removed
			 from the facility or a unit at the facility and the facility or a unit has been
			 decontaminated in accordance with the approved plan per paragraph (h), the
			 Director will notify the owner or operator in writing that he is no longer
			 required under §261.4(a)(24)(vi)(F) to maintain financial assurance for
			 that facility or a unit at the facility, unless the Director has reason to
			 believe that all hazardous secondary materials have not been removed from the
			 facility or unit at a facility or that the facility or unit has not been
			 decontaminated in accordance with the approved plan. The Director shall provide
			 the owner or operator a detailed written statement of any such reason to
			 believe that all hazardous secondary materials have not been removed from the
			 unit or that the unit has not been decontaminated in accordance with the
			 approved plan.
§
			 261.144
- 261.146 [Reserved]
§ 261.147
Liability
			 requirements
(a) Coverage for sudden
			 accidental occurrences. An owner or operator of a hazardous secondary material
			 reclamation facility or an intermediate facility subject to financial assurance
			 requirements under §261.4(a)(24)(vi)(F) of this rule, or a group of such
			 facilities, must demonstrate financial responsibility for bodily injury and
			 property damage to third parties caused by sudden accidental occurrences
			 arising from operations of the facility or group of facilities. The owner or
			 operator must have and maintain liability coverage for sudden accidental
			 occurrences in the amount of at least $1 million per occurrence with an annual
			 aggregate of at least $2 million, exclusive of legal defense costs. This
			 liability coverage may be demonstrated as specified in paragraphs (a) (1), (2),
			 (3), (4), (5), or (6) of this section:
(1) An
			 owner or operator may demonstrate the required liability coverage by having
			 liability insurance as specified in this paragraph.
(i) Each insurance policy must be amended by
			 attachment of the Hazardous Secondary Material Facility Liability Endorsement,
			 or evidenced by a Certificate of Liability Insurance. The wording of the
			 endorsement must be identical to the wording specified in §264.151(h). The
			 wording of the certificate of insurance must be identical to the wording
			 specified in §264.151(i). The owner or operator must submit a signed
			 duplicate original of the endorsement or the certificate of insurance to the
			 Director. If requested by the Director, the owner or operator must provide a
			 signed duplicate original of the insurance policy.
(ii) Each insurance policy must be issued by
			 an insurer which, at a minimum, is licensed to transact the business of
			 insurance, or eligible to provide insurance as an excess or surplus lines
			 insurer, in one or more States.
(2) An owner or operator may meet the
			 requirements of this section by passing a financial test or using the guarantee
			 for liability coverage as specified in paragraphs (f) and (g) of this
			 section.
(3) An owner or operator
			 may meet the requirements of this section by obtaining a letter of credit for
			 liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
			 requirements of this section by obtaining a surety bond for liability coverage
			 as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
			 requirements of this section by obtaining a trust fund for liability coverage
			 as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
			 required liability coverage through the use of combinations of insurance,
			 financial test, guarantee, letter of credit, surety bond, and trust fund,
			 except that the owner or operator may not combine a financial test covering
			 part of the liability coverage requirement with a guarantee unless the
			 financial statement of the owner or operator is not consolidated with the
			 financial statement of the guarantor. The amounts of coverage demonstrated must
			 total at least the minimum amounts required by this section. If the owner or
			 operator demonstrates the required coverage through the use of a combination of
			 financial assurances under this paragraph, the owner or operator shall specify
			 at least one such assurance as "primary" coverage and shall specify other
			 assurance as "excess" coverage.
(7) An owner or operator shall notify the
			 Director in writing within 30 days whenever:
(i) A claim results in a reduction in the
			 amount of financial assurance for liability coverage provided by a financial
			 instrument authorized in paragraphs (a)(1) through (a)(6) of this section;
			 or
(ii) A Certification of Valid
			 Claim for bodily injury or property damages caused by a sudden or non-sudden
			 accidental occurrence arising from the operation of a hazardous secondary
			 material reclamation facility or intermediate facility is entered between the
			 owner or operator and third-party claimant for liability coverage under
			 paragraphs (a)(1) through (a)(6) of this section; or
(iii) A final court order establishing a
			 judgment for bodily injury or property damage caused by a sudden or non-sudden
			 accidental occurrence arising from the operation of a hazardous secondary
			 material reclamation facility or intermediate facility is issued against the
			 owner or operator or an instrument that is providing financial assurance for
			 liability coverage under paragraphs (a)(1) through (a)(6) of this section.
(b) Coverage
			 for nonsudden accidental occurrences. An owner or operator of a hazardous
			 secondary material reclamation facility or intermediate facility with
			 land-based units, as defined in §260.10 of this rule, which are used to
			 manage hazardous secondary materials excluded under §261.4(a)(24) of this
			 rule or a group of such facilities, must demonstrate financial responsibility
			 for bodily injury and property damage to third parties caused by nonsudden
			 accidental occurrences arising from operations of the facility or group of
			 facilities. The owner or operator must have and maintain liability coverage for
			 nonsudden accidental occurrences in the amount of at least $3 million per
			 occurrence with an annual aggregate of at least $6 million, exclusive of legal
			 defense costs. An owner or operator who must meet the requirements of this
			 section may combine the required per-occurrence coverage levels for sudden and
			 nonsudden accidental occurrences into a single per-occurrence level, and
			 combine the required annual aggregate coverage levels for sudden and nonsudden
			 accidental occurrences into a single annual aggregate level. Owners or
			 operators who combine coverage levels for sudden and nonsudden accidental
			 occurrences must maintain liability coverage in the amount of at least $4
			 million per occurrence and $8 million annual aggregate. This liability coverage
			 may be demonstrated as specified in paragraph (b)(1), (2), (3), (4), (5), or
			 (6) of this section:
(1) An owner or operator
			 may demonstrate the required liability coverage by having liability insurance
			 as specified in this paragraph.
(i) Each
			 insurance policy must be amended by attachment of the Hazardous Secondary
			 Material Facility Liability Endorsement or evidenced by a Certificate of
			 Liability Insurance. The wording of the endorsement must be identical to the
			 wording specified in §264.151(h). The wording of the certificate of
			 insurance must be identical to the wording specified in §264.151(i). The
			 owner or operator must submit a signed duplicate original of the endorsement or
			 the certificate of insurance to the Director. If requested by the Director, the
			 owner or operator must provide a signed duplicate original of the insurance
			 policy.
(ii) Each insurance policy
			 must be issued by an insurer which, at a minimum, is licensed to transact the
			 business of insurance, or eligible to provide insurance as an excess or surplus
			 lines insurer, in one or more States.
(2) An owner or operator may meet the
			 requirements of this section by passing a financial test or using the guarantee
			 for liability coverage as specified in paragraphs (f) and (g) of this
			 section.
(3) An owner or operator
			 may meet the requirements of this section by obtaining a letter of credit for
			 liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
			 requirements of this section by obtaining a surety bond for liability coverage
			 as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
			 requirements of this section by obtaining a trust fund for liability coverage
			 as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
			 required liability coverage through the use of combinations of insurance,
			 financial test, guarantee, letter of credit, surety bond, and trust fund,
			 except that the owner or operator may not combine a financial test covering
			 part of the liability coverage requirement with a guarantee unless the
			 financial statement of the owner or operator is not consolidated with the
			 financial statement of the guarantor. The amounts of coverage demonstrated must
			 total at least the minimum amounts required by this section. If the owner or
			 operator demonstrates the required coverage through the use of a combination of
			 financial assurances under this paragraph, the owner or operator shall specify
			 at least one such assurance as "primary" coverage and shall specify other
			 assurance as "excess" coverage.
(7)
			 An owner or operator shall notify the Director in writing within 30 days
			 whenever:
(i) A claim results in a reduction
			 in the amount of financial assurance for liability coverage provided by a
			 financial instrument authorized in paragraphs (b)(1) through (b)(6) of this
			 section; or
(ii) A Certification of
			 Valid Claim for bodily injury or property damages caused by a sudden or
			 non-sudden accidental occurrence arising from the operation of a hazardous
			 secondary material treatment and/or storage facility is entered between the
			 owner or operator and third-party claimant for liability coverage under
			 paragraphs (b)(1) through (b)(6) of this section; or
(iii) A final court order establishing a
			 judgment for bodily injury or property damage caused by a sudden or non-sudden
			 accidental occurrence arising from the operation of a hazardous secondary
			 material treatment and/or storage facility is issued against the owner or
			 operator or an instrument that is providing financial assurance for liability
			 coverage under paragraphs (b)(1) through (b)(6) of this section.
(c) Request for
			 variance. If an owner or operator can demonstrate to the satisfaction of the
			 Director that the levels of financial responsibility required by paragraph (a)
			 or (b) of this section are not consistent with the degree and duration of risk
			 associated with treatment and/or storage at the facility or group of
			 facilities, the owner or operator may obtain a variance from the Director. The
			 request for a variance must be submitted in writing to the Director. If
			 granted, the variance will take the form of an adjusted level of required
			 liability coverage, such level to be based on the Director's assessment of the
			 degree and duration of risk associated with the ownership or operation of the
			 facility or group of facilities. The Director may require an owner or operator
			 who requests a variance to provide such technical and engineering information
			 as is deemed necessary by the Director to determine a level of financial
			 responsibility other than that required by paragraph (a) or (b) of this
			 section.
(d) Adjustments by the
			 Director. If the Director determines that the levels of financial
			 responsibility required by paragraph (a) or (b) of this section are not
			 consistent with the degree and duration of risk associated with treatment
			 and/or storage at the facility or group of facilities, the Director may adjust
			 the level of financial responsibility required under paragraph (a) or (b) of
			 this section as may be necessary to protect human health and the environment.
			 This adjusted level will be based on the Director's assessment of the degree
			 and duration of risk associated with the ownership or operation of the facility
			 or group of facilities. In addition, if the Director determines that there is a
			 significant risk to human health and the environment from nonsudden accidental
			 occurrences resulting from the operations of a facility that is not a surface
			 impoundment, pile, or land treatment facility, he may require that an owner or
			 operator of the facility comply with paragraph (b) of this section. An owner or
			 operator must furnish to the Director, within a reasonable time, any
			 information which the Director requests to determine whether cause exists for
			 such adjustments of level or type of coverage.
(e) Period of coverage. Within 60 days after
			 receiving certifications from the owner or operator and a qualified
			 Professional Engineer that all hazardous secondary materials have been removed
			 from the facility or a unit at the facility and the facility or a unit has been
			 decontaminated in accordance with the approved plan per §261.143(h), the
			 Director will notify the owner or operator in writing that he is no longer
			 required under §261.4(a)(24)(vi)(F) to maintain liability coverage for
			 that facility or a unit at the facility, unless the Director has reason to
			 believe that that all hazardous secondary materials have not been removed from
			 the facility or unit at a facility or that the facility or unit has not been
			 decontaminated in accordance with the approved plan.
(f) Financial test for liability coverage.
(1) An owner or operator may satisfy the
			 requirements of this section by demonstrating that he passes a financial test
			 as specified in this paragraph. To pass this test the owner or operator must
			 meet the criteria of paragraph (f)(1) (i) or (ii) of this section:
(i) The owner or operator must have:
(A) Net working capital and tangible net
			 worth each at least six times the amount of liability coverage to be
			 demonstrated by this test; and
(B)
			 Tangible net worth of at least $10 million; and
(C) Assets in the United States amounting to
			 either:
(1) At least 90 percent of his total
			 assets; or
(2) at least six times
			 the amount of liability coverage to be demonstrated by this test.
(ii) The owner or
			 operator must have:
(A) A current rating for
			 his most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and
			 Poor's, or Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth of at least $10
			 million; and
(C) Tangible net worth
			 at least six times the amount of liability coverage to be demonstrated by this
			 test; and
(D) Assets in the United
			 States amounting to either:
(1) At least 90
			 percent of his total assets; or
(2)
			 at least six times the amount of liability coverage to be demonstrated by this
			 test.
(2) The phrase "amount of
			 liability coverage" as used in paragraph (f)(1) of this section refers to the
			 annual aggregate amounts for which coverage is required under paragraphs (a)
			 and (b) of this section and the annual aggregate amounts for which coverage is
			 required under paragraphs (a) and (b) of APC&EC Rule No. 23 264.147 and
			 265.147.
(3) To demonstrate that he
			 meets this test, the owner or operator must submit the following three items to
			 the Director:
(i) A letter signed by the
			 owner's or operator's chief financial officer and worded as specified in
			 §264.151(f). If an owner or operator is using the financial test to
			 demonstrate both assurance as specified by §261.143(e), and liability
			 coverage, he must submit the letter specified in §264.151(f) to cover both
			 forms of financial responsibility; a separate letter as specified in
			 §264.151(e) is not required.
(ii) A copy of the independent certified
			 public accountant's report on examination of the owner's or operator's
			 financial statements for the latest completed fiscal year.
(iii) If the chief financial officer's letter
			 providing evidence of financial assurance includes financial data showing that
			 the owner or operator satisfies paragraph (f)(1)(i) of this section that are
			 different from the data in the audited financial statements referred to in
			 paragraph (f)(3)(ii) of this section or any other audited financial statement
			 or data filed with the SEC, then a special report from the owner's or
			 operator's independent certified public accountant to the owner or operator is
			 required. The special report shall be based upon an agreed upon procedures
			 engagement in accordance with professional auditing standards and shall
			 describe the procedures performed in comparing the data in the chief financial
			 officer's letter derived from the independently audited, year-end financial
			 statements for the latest fiscal year with the amounts in such financial
			 statements, the findings of the comparison, and the reasons for any
			 difference.
(4) The
			 owner or operator may obtain a one-time extension of the time allowed for
			 submission of the documents specified in paragraph (f)(3) of this section if
			 the fiscal year of the owner or operator ends during the 90 days prior to the
			 effective date of these rules and if the year-end financial statements for that
			 fiscal year will be audited by an independent certified public accountant. The
			 extension will end no later than 90 days after the end of the owner's or
			 operator's fiscal year. To obtain the extension, the owner's or operator's
			 chief financial officer must send, by the effective date of these rules, a
			 letter to the Director of each Region in which the owner's or operator's
			 facilities to be covered by the financial test are located. This letter from
			 the chief financial officer must:
(i) Request
			 the extension;
(ii) Certify that he
			 has grounds to believe that the owner or operator meets the criteria of the
			 financial test;
(iii) Specify for
			 each facility to be covered by the test the EPA Identification Number, name,
			 address, the amount of liability coverage and, when applicable, current closure
			 and post-closure cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or
			 operator's last complete fiscal year before the effective date of these
			 rules;
(v) Specify the date, no
			 later than 90 days after the end of such fiscal year, when he will submit the
			 documents specified in paragraph (f)(3) of this section; and
(vi) Certify that the year-end financial
			 statements of the owner or operator for such fiscal year will be audited by an
			 independent certified public accountant.
(5) After the initial submission of items
			 specified in paragraph (f)(3) of this section, the owner or operator must send
			 updated information to the Director within 90 days after the close of each
			 succeeding fiscal year. This information must consist of all three items
			 specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets
			 the requirements of paragraph (f)(1) of this section, he must obtain insurance,
			 a letter of credit, a surety bond, a trust fund, or a guarantee for the entire
			 amount of required liability coverage as specified in this section. Evidence of
			 liability coverage must be submitted to the Director within 90 days after the
			 end of the fiscal year for which the year-end financial data show that the
			 owner or operator no longer meets the test requirements.
(7) The Director may disallow use of this
			 test on the basis of qualifications in the opinion expressed by the independent
			 certified public accountant in his report on examination of the owner's or
			 operator's financial statements (see paragraph (f)(3)(ii) of this section). An
			 adverse opinion or a disclaimer of opinion will be cause for disallowance. The
			 Director will evaluate other qualifications on an individual basis. The owner
			 or operator must provide evidence of insurance for the entire amount of
			 required liability coverage as specified in this section within 30 days after
			 notification of disallowance.
(g) Guarantee for liability
			 coverage.
(1) Subject to paragraph (g)(2) of
			 this section, an owner or operator may meet the requirements of this section by
			 obtaining a written guarantee, hereinafter referred to as "guarantee." The
			 guarantor must be the direct or higher-tier parent corporation of the owner or
			 operator, a firm whose parent corporation is also the parent corporation of the
			 owner or operator, or a firm with a "substantial business relationship" with
			 the owner or operator. The guarantor must meet the requirements for owners or
			 operators in paragraphs (f)(1) through (f)(6) of this section. The wording of
			 the guarantee must be identical to the wording specified in
			 §264.151(g)(2). A certified copy of the guarantee must accompany the items
			 sent to the Director as specified in paragraph (f)(3) of this section. One of
			 these items must be the letter from the guarantor's chief financial officer. If
			 the guarantor's parent corporation is also the parent corporation of the owner
			 or operator, this letter must describe the value received in consideration of
			 the guarantee. If the guarantor is a firm with a "substantial business
			 relationship" with the owner or operator, this letter must describe this
			 "substantial business relationship" and the value received in consideration of
			 the guarantee.
(i) If the owner or operator
			 fails to satisfy a judgment based on a determination of liability for bodily
			 injury or property damage to third parties caused by sudden or nonsudden
			 accidental occurrences (or both as the case may be), arising from the operation
			 of facilities covered by this corporate guarantee, or fails to pay an amount
			 agreed to in settlement of claims arising from or alleged to arise from such
			 injury or damage, the guarantor will do so up to the limits of coverage.
(ii)  [Reserved]
(2)
(i) In the case of corporations incorporated
			 in the United States, a guarantee may be used to satisfy the requirements of
			 this section only if the Attorneys General or Insurance Commissioners of:
(A) The State in which the guarantor is
			 incorporated; and
(B) Each State in
			 which a facility covered by the guarantee is located have submitted a written
			 statement to EPA that a guarantee executed as described in this section and
			 §264.151(g)(2) is a legally valid and enforceable obligation in that
			 State.
(ii) In the case
			 of corporations incorporated outside the United States, a guarantee may be used
			 to satisfy the requirements of this section only if:
(A) The non-U.S. corporation has identified a
			 registered agent for service of process in each State in which a facility
			 covered by the guarantee is located and in the State in which it has its
			 principal place of business; and if
(B) The Attorney General or Insurance
			 Commissioner of each State in which a facility covered by the guarantee is
			 located and the State in which the guarantor corporation has its principal
			 place of business, has submitted a written statement to EPA that a guarantee
			 executed as described in this section and §264.151(h)(2) is a legally
			 valid and enforceable obligation in that State.
(h) Letter of
			 credit for liability coverage.
(1) An owner
			 or operator may satisfy the requirements of this section by obtaining an
			 irrevocable standby letter of credit that conforms to the requirements of this
			 paragraph and submitting a copy of the letter of credit to the
			 Director.
(2) The financial
			 institution issuing the letter of credit must be an entity that has the
			 authority to issue letters of credit and whose letter of credit operations are
			 regulated and examined by a Federal or State agency.
(3) The wording of the letter of credit must
			 be identical to the wording specified in §264.151(j).
(4) An owner or operator who uses a letter of
			 credit to satisfy the requirements of this section may also establish a standby
			 trust fund. Under the terms of such a letter of credit, all amounts paid
			 pursuant to a draft by the trustee of the standby trust will be deposited by
			 the issuing institution into the standby trust in accordance with instructions
			 from the trustee. The trustee of the standby trust fund must be an entity which
			 has the authority to act as a trustee and whose trust operations are regulated
			 and examined by a Federal or State agency.
(5) The wording of the standby trust fund
			 must be identical to the wording specified in §264.151(m).
(i) Surety bond for liability
			 coverage.
(1) An owner or operator may
			 satisfy the requirements of this section by obtaining a surety bond that
			 conforms to the requirements of this paragraph and submitting a copy of the
			 bond to the Director.
(2) The
			 surety company issuing the bond must be among those listed as acceptable
			 sureties on Federal bonds in the most recent Circular 570 of the U.S.
			 Department of the Treasury.
(3) The
			 wording of the surety bond must be identical to the wording specified in
			 §264.151(k) of this rule.
(4)
			 A surety bond may be used to satisfy the requirements of this section only if
			 the Attorneys General or Insurance Commissioners of:
(i) The State in which the surety is
			 incorporated; and
(ii) Each State
			 in which a facility covered by the surety bond is located have submitted a
			 written statement to EPA that a surety bond executed as described in this
			 section and §264.151(k) is a legally valid and enforceable obligation in
			 that State.
(j) Trust fund for liability coverage.
(1) An owner or operator may satisfy the
			 requirements of this section by establishing a trust fund that conforms to the
			 requirements of this paragraph and submitting an originally signed duplicate of
			 the trust agreement to the Director.
(2) The trustee must be an entity which has
			 the authority to act as a trustee and whose trust operations are regulated and
			 examined by a Federal or State agency.
(3) The trust fund for liability coverage
			 must be funded for the full amount of the liability coverage to be provided by
			 the trust fund before it may be relied upon to satisfy the requirements of this
			 section. If at any time after the trust fund is created the amount of funds in
			 the trust fund is reduced below the full amount of the liability coverage to be
			 provided, the owner or operator, by the anniversary date of the establishment
			 of the Fund, must either add sufficient funds to the trust fund to cause its
			 value to equal the full amount of liability coverage to be provided, or obtain
			 other financial assurance as specified in this section to cover the difference.
			 For purposes of this paragraph, "the full amount of the liability coverage to
			 be provided" means the amount of coverage for sudden and/or nonsudden
			 occurrences required to be provided by the owner or operator by this section,
			 less the amount of financial assurance for liability coverage that is being
			 provided by other financial assurance mechanisms being used to demonstrate
			 financial assurance by the owner or operator.
(4) The wording of the trust fund must be
			 identical to the wording specified in §264.151(l).
§ 261.148
Incapacity of owners or operators, guarantors, or financial institutions
(a) An owner or operator must notify the
			 Director by certified mail of the commencement of a voluntary or involuntary
			 proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator
			 as debtor, within 10 days after commencement of the proceeding. A guarantor of
			 a corporate guarantee as specified in §261.143(e) must make such a
			 notification if he is named as debtor, as required under the terms of the
			 corporate guarantee.
(b) An owner
			 or operator who fulfills the requirements of §261.143 or §261.147 by
			 obtaining a trust fund, surety bond, letter of credit, or insurance policy will
			 be deemed to be without the required financial assurance or liability coverage
			 in the event of bankruptcy of the trustee or issuing institution, or a
			 suspension or revocation of the authority of the trustee institution to act as
			 trustee or of the institution issuing the surety bond, letter of credit, or
			 insurance policy to issue such instruments. The owner or operator must
			 establish other financial assurance or liability coverage within 60 days after
			 such an event.
§
			 261.149
Use of State-required mechanisms
(a) For a reclamation or intermediate
			 facility located in a State where EPA is administering the requirements of this
			 subpart but where the State has rules that include requirements for financial
			 assurance of closure or liability coverage, an owner or operator may use
			 State-required financial mechanisms to meet the requirements of §261.143
			 or §261.147 if the Director determines that the State mechanisms are at
			 least equivalent to the financial mechanisms specified in this subsection. The
			 Director will evaluate the equivalency of the mechanisms principally in terms
			 of certainty of the availability of: Funds for the required closure activities
			 or liability coverage; and the amount of funds that will be made available. The
			 Director may also consider other factors as he deems appropriate. The owner or
			 operator must submit to the Director evidence of the establishment of the
			 mechanism together with a letter requesting that the State-required mechanism
			 be considered acceptable for meeting the requirements of this subsection. The
			 submission must include the following information: The facility's EPA
			 Identification Number (if available), name, and address, and the amount of
			 funds for closure or liability coverage assured by the mechanism. The Director
			 will notify the owner or operator of his determination regarding the
			 mechanism's acceptability in lieu of financial mechanisms specified in this
			 subsection. The Director may require the owner or operator to submit additional
			 information as is deemed necessary to make this determination. Pending this
			 determination, the owner or operator will be deemed to be in compliance with
			 the requirements of §261.143 or §261.147, as applicable.
(b) If a State-required mechanism is found
			 acceptable as specified in paragraph (a) of this section except for the amount
			 of funds available, the owner or operator may satisfy the requirements of this
			 subsection by increasing the funds available through the State-required
			 mechanism or using additional financial mechanisms as specified in this
			 subsection. The amount of funds available through the State and Federal
			 mechanisms must at least equal the amount required by this
			 subsection.
§
			 261.150
State assumption of responsibility
(a) If a State either assumes legal
			 responsibility for an owner's or operator's compliance with the closure or
			 liability requirements of this Section or assures that funds will be available
			 from State sources to cover those requirements, the owner or operator will be
			 in compliance with the requirements of §261.143 or §261.147 if the
			 Director determines that the State's assumption of responsibility is at least
			 equivalent to the financial mechanisms specified in this subpart. The Director
			 will evaluate the equivalency of State guarantees principally in terms of:
			 Certainty of the availability of funds for the required closure activities or
			 liability coverage; and the amount of funds that will be made available. The
			 Director may also consider other factors as he deems appropriate. The owner or
			 operator must submit to the Director a letter from the State describing the
			 nature of the State's assumption of responsibility together with a letter from
			 the owner or operator requesting that the State's assumption of responsibility
			 be considered acceptable for meeting the requirements of this subsection. The
			 letter from the State must include, or have attached to it, the following
			 information: The facility's EPA Identification Number (if available), name, and
			 address, and the amount of funds for closure or liability coverage that are
			 guaranteed by the State. The Director will notify the owner or operator of his
			 determination regarding the acceptability of the State's guarantee in lieu of
			 financial mechanisms specified in this subsection. The Director may require the
			 owner or operator to submit additional information as is deemed necessary to
			 make this determination. Pending this determination, the owner or operator will
			 be deemed to be in compliance with the requirements of §265.143 or
			 §265.147, as applicable.
(b)
			 If a State's assumption of responsibility is found acceptable as specified in
			 paragraph (a) of this section except for the amount of funds available, the
			 owner or operator may satisfy the requirements of this subsection by use of
			 both the State's assurance and additional financial mechanisms as specified in
			 this subpart. The amount of funds available through the State and Federal
			 mechanisms must at least equal the amount required by this subsection.
Subsection I
- Use and Management of Containers
§
			 261.170
Applicability
This subsection applies to hazardous secondary materials
				excluded under the remanufacturing exclusion at §261.4(a)(27) and stored
				in containers.
§
			 261.171
Condition of Containers
If a container holding hazardous secondary material is not in
				good condition (e.g., severe rusting, apparent structural defects) or if it
				begins to leak, the hazardous secondary material must be transferred from this
				container to a container that is in good condition or managed in some other way
				that complies with the requirements of this Section.
§ 261.172
Compatibility of
			 hazardous secondary materials with containers
The container must be made of or lined with materials which
				will not react with, and are otherwise compatible with, the hazardous secondary
				material to be stored, so that the ability of the container to contain the
				material is not impaired.
§
			 261.173
Management of Containers
(a) A container holding hazardous secondary
			 material must always be closed during storage, except when it is necessary to
			 add or remove the hazardous secondary material.
(b) A container holding hazardous secondary
			 material must not be opened, handled, or stored in a manner which may rupture
			 the container or cause it to leak.
§ 261.175
Containment
(a) Container storage areas must have a
			 containment system that is designed and operated in accordance with paragraph
			 (b) of this section.
(b) A
			 containment system must be designed and operated as follows:
(1) A base must underlie the containers which
			 is free of cracks or gaps and is sufficiently impervious to contain leaks,
			 spills, and accumulated precipitation until the collected material is detected
			 and removed;
(2) The base must be
			 sloped or the containment system must be otherwise designed and operated to
			 drain and remove liquids resulting from leaks, spills, or precipitation, unless
			 the containers are elevated or are otherwise protected from contact with
			 accumulated liquids;
(3) The
			 containment system must have sufficient capacity to contain 10% of the volume
			 of containers or the volume of the largest container, whichever is
			 greater.
(4) Run-on into the
			 containment system must be prevented unless the collection system has
			 sufficient excess capacity in addition to that required in paragraph (b)(3) of
			 this section to contain any run-on which might enter the system; and
(5) Spilled or leaked material and
			 accumulated precipitation must be removed from the sump or collection area in
			 as timely a manner as is necessary to prevent overflow of the collection
			 system.
§
			 261.176
Special requirements for ignitable or reactive
			 hazardous secondary material
Containers holding ignitable or reactive hazardous secondary
				material must be located at least 15 meters (50 feet) from the facility's
				property line.
§
			 261.177
Special requirements for incompatible
			 materials
(a) Incompatible materials
			 must not be placed in the same container.
(b) Hazardous secondary material must not be
			 placed in an unwashed container that previously held an incompatible
			 material.
(c) A storage container
			 holding a hazardous secondary material that is incompatible with any other
			 materials stored nearby must be separated from the other materials or protected
			 from them by means of a dike, berm, wall, or other device.
§ 261.179
Air emission
			 standards
The remanufacturer or other person that stores or treats the
				hazardous secondary material shall manage all hazardous secondary material
				placed in a container in accordance with the applicable requirements of
				subsections AA, BB, and CC of this Section.
Subsection J
- Tank Systems
§ 261.190
Applicability
(a) The requirements of this subsection apply
			 to tank systems for storing or treating hazardous secondary material excluded
			 under the remanufacturing exclusion at § 261.4(a)(27).
(b) Tank systems, including sumps, as defined
			 in § 260.10, that serve as part of a secondary containment system to
			 collect or contain releases of hazardous secondary materials are exempted from
			 the requirements in § 261.193(a).
§ 261.191
Assessment of existing
			 tank system's integrity
(a) Tank
			 systems must meet the secondary containment requirements of § 261.193, or
			 the remanufacturer or other person that handles the hazardous secondary
			 material must determine that the tank system is not leaking or is unfit for
			 use. Except as provided in paragraph (c) of this section, a written assessment
			 reviewed and certified by
an independent qualified Arkansas-Registered
			 Professional Engineer
must be kept on file at the remanufacturer's
			 facility or other facility that stores or treats the hazardous secondary
			 material that attests to the tank system's integrity.
(b) This assessment must determine that the
			 tank system is adequately designed and has sufficient structural strength and
			 compatibility with the material(s) to be stored or treated, to ensure that it
			 will not collapse, rupture, or fail. At a minimum, this assessment must
			 consider the following:
(1) Design
			 standard(s), if available, according to which the tank and ancillary equipment
			 were constructed;
(2) Hazardous
			 characteristics of the material(s) that have been and will be
			 handled;
(3) Existing corrosion
			 protection measures;
(4) Documented
			 age of tank system, if available (otherwise, an estimate of the age);
			 and
(5) Results of a leak test,
			 internal inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, the
			 assessment must include a leak test that is capable of taking into account the
			 effects of temperature variations, tank end deflection, vapor pockets, and high
			 water table effects, and
(ii) For
			 other than non-enterable underground tanks and for ancillary equipment, this
			 assessment must include either a leak test, as described above, or other
			 integrity examination that is certified by a
independent qualified
			 Arkansas-Registered Professional Engineer
that addresses cracks,
			 leaks, corrosion, and erosion.
Note: The practices described in the American Petroleum
				Institute (API) Publication, Guide for Inspection of Refinery Equipment,
				Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks,"
				4th edition, 1981, may be used, where applicable, as
				guidelines in conducting other than a leak test.
(c) If, as a result of the
			 assessment conducted in accordance with paragraph (a) of this section, a tank
			 system is found to be leaking or unfit for use, the remanufacturer or other
			 person that stores or treats the hazardous secondary material must comply with
			 the requirements of § 261.196.
§ 261.192
[Reserved]
§ 261.193
Containment and detection of releases
(a) Secondary containment systems must be:
(1) Designed, installed, and operated to
			 prevent any migration of materials or accumulated liquid out of the system to
			 the soil, ground water, or surface water at any time during the use of the tank
			 system; and
(2) Capable of
			 detecting and collecting releases and accumulated liquids until the collected
			 material is removed.
Note: If the collected material is a hazardous waste under
				Section 261 of this rule, it is subject to management as a hazardous waste in
				accordance with all applicable requirements of Sections 262 through 265, 266,
				and 268 of this rule. If the collected material is discharged through a point
				source to waters of the United States, it is subject to the requirements of
				sections 301, 304, and 402 of the Clean Water Act, as amended. If discharged to
				a Publicly Owned Treatment Works (POTW), it is subject to the requirements of
				section 307 of the Clean Water Act, as amended. If the collected material is
				released to the environment, it may be subject to the reporting requirements of
				40 CFR part 302.
(b) To meet the requirements of paragraph (a)
			 of this section, secondary containment systems must be at a minimum:
(1) Constructed of or lined with materials
			 that are compatible with the materials(s) to be placed in the tank system and
			 must have sufficient strength and thickness to prevent failure owing to
			 pressure gradients (including static head and external hydrological forces),
			 physical contact with the material to which it is exposed, climatic conditions,
			 and the stress of daily operation (including stresses from nearby vehicular
			 traffic).
(2) Placed on a
			 foundation or base capable of providing support to the secondary containment
			 system, resistance to pressure gradients above and below the system, and
			 capable of preventing failure due to settlement, compression, or
			 uplift;
(3) Provided with a
			 leak-detection system that is designed and operated so that it will detect the
			 failure of either the primary or secondary containment structure or the
			 presence of any release of hazardous secondary material or accumulated liquid
			 in the secondary containment system at the earliest practicable time;
			 and
(4) Sloped or otherwise
			 designed or operated to drain and remove liquids resulting from leaks, spills,
			 or precipitation. Spilled or leaked material and accumulated precipitation must
			 be removed from the secondary containment system within 24 hours, or in as
			 timely a manner as is possible to prevent harm to human health and the
			 environment.
(c)
			 Secondary containment for tanks must include one or more of the following
			 devices:
(1) A liner (external to the
			 tank);
(2) A vault; or
(3) A double-walled tank.
(d) In addition to the
			 requirements of paragraphs (a), (b), and (c) of this section, secondary
			 containment systems must satisfy the following requirements:
(1) External liner systems must be:
(i) Designed or operated to contain 100
			 percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
			 or infiltration of precipitation into the secondary containment system unless
			 the collection system has sufficient excess capacity to contain run-on or
			 infiltration. Such additional capacity must be sufficient to contain
			 precipitation from a 25-year, 24-hour rainfall event.
(iii) Free of cracks or gaps; and
(iv) Designed and installed to surround the
			 tank completely and to cover all surrounding earth likely to come into contact
			 with the material if the material is released from the tank(s) (i.e., capable
			 of preventing lateral as well as vertical migration of the material).
(2) Vault systems must be:
(i) Designed or operated to contain 100
			 percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
			 or infiltration of precipitation into the secondary containment system unless
			 the collection system has sufficient excess capacity to contain run-on or
			 infiltration. Such additional capacity must be sufficient to contain
			 precipitation from a 25-year, 24-hour rainfall event;
(iii) Constructed with chemical-resistant
			 water stops in place at all joints (if any);
(iv) Provided with an impermeable interior
			 coating or lining that is compatible with the stored material and that will
			 prevent migration of material into the concrete;
(v) Provided with a means to protect against
			 the formation of and ignition of vapors within the vault, if the material being
			 stored or treated is ignitable or reactive; and
(vi) Provided with an exterior moisture
			 barrier or be otherwise designed or operated to prevent migration of moisture
			 into the vault if the vault is subject to hydraulic pressure.
(3) Double-walled tanks must be:
(i) Designed as an integral structure (i.e.,
			 an inner tank completely enveloped within an outer shell) so that any release
			 from the inner tank is contained by the outer shell;
(ii) Protected, if constructed of metal, from
			 both corrosion of the primary tank interior and of the external surface of the
			 outer shell; and
(iii) Provided
			 with a built-in continuous leak detection system capable of detecting a release
			 within 24 hours, or at the earliest practicable time.
Note: The provisions outlined in the Steel Tank Institute's
				(STI) "Standard for Dual Wall Underground Steel Storage Tanks" may be used as
				guidelines for aspects of the design of underground steel double-walled
				tanks.
(e) [Reserved]
(f) Ancillary equipment must be provided with
			 secondary containment (e.g., trench, jacketing, double-walled piping) that
			 meets the requirements of paragraphs (a) and (b) of this section except for:
(1) Aboveground piping (exclusive of flanges,
			 joints, valves, and other connections) that are visually inspected for leaks on
			 a daily basis;
(2) Welded flanges,
			 welded joints, and welded connections that are visually inspected for leaks on
			 a daily basis;
(3) Seal less or
			 magnetic coupling pumps and seal less valves that are visually inspected for
			 leaks on a daily basis; and
(4)
			 Pressurized aboveground piping systems with automatic shut-off devices (e.g.,
			 excess flow check valves, flow metering shutdown devices, loss of pressure
			 actuated shut-off devices) that are visually inspected for leaks on a daily
			 basis.
§
			 261.194
General operating requirements
(a) Hazardous secondary materials or
			 treatment reagents must not be placed in a tank system if they could cause the
			 tank, its ancillary equipment, or the containment system to rupture, leak,
			 corrode, or otherwise fail.
(b) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material must use appropriate controls and practices to prevent spills and
			 overflows from tank or containment systems. These include at a minimum:
(1) Spill prevention controls (e.g., check
			 valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level
			 sensing devices, high level alarms, automatic feed cutoff, or bypass to a
			 standby tank); and
(3) Maintenance
			 of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
			 wind action or by precipitation.
(c) The remanufacturer or other person that
			 stores or treats the hazardous secondary material must comply with the
			 requirements of § 261.196 of this subsection if a leak or spill occurs in
			 the tank system.
§ 261.195
[Reserved]
§
			 261.196
Response to leaks or spills and disposition of
			 leaking or unfit-for-use tank systems
A tank system or secondary containment system from which there
				has been a leak or spill, or which is unfit for use, must be removed from
				service immediately, and the remanufacturer or other person that stores or
				treats the hazardous secondary material must satisfy the following
				requirements:
(a) Cessation of use;
			 prevent flow or addition of materials. The remanufacturer or other person that
			 stores or treats the hazardous secondary material must immediately stop the
			 flow of hazardous secondary material into the tank system or secondary
			 containment system and inspect the system to determine the cause of the
			 release.
(b) Removal of material
			 from tank system or secondary containment system.
(1) If the release was from the tank system,
			 the remanufacturer or other person that stores or treats the hazardous
			 secondary material must, within 24 hours after detection of the leak or, if the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material demonstrates that it is not possible, at the earliest practicable
			 time, remove as much of the material as is necessary to prevent further release
			 of hazardous secondary material to the environment and to allow inspection and
			 repair of the tank system to be performed.
(2) If the material released was to a
			 secondary containment system, all released materials must be removed within 24
			 hours or in as timely a manner as is possible to prevent harm to human health
			 and the environment.
(c)
			 Containment of visible releases to the environment. The remanufacturer or other
			 person that stores or treats the hazardous secondary material must immediately
			 conduct a visual inspection of the release and, based upon that inspection:
(1) Prevent further migration of the leak or
			 spill to soils or surface water; and
(2) Remove, and properly dispose of, any
			 visible contamination of the soil or surface water.
(d) Notifications, reports.
(1) Any release to the environment, except as
			 provided in paragraph (d)(2) of this section, must be reported to the Director
			 within 24 hours of its detection. If the release has been reported pursuant to
			 40 CFR part 302, that report will satisfy this requirement.
(2) A leak or spill of hazardous secondary
			 material is exempted from the requirements of this paragraph if it is:
(i) Less than or equal to a quantity of 1
			 pound, and
(ii) Immediately
			 contained and cleaned up.
(3) Within 30 days of detection of a release
			 to the environment, a report containing the following information must be
			 submitted to the Director:
(i) Likely route
			 of migration of the release;
(ii)
			 Characteristics of the surrounding soil (soil composition, geology,
			 hydrogeology, climate);
(iii)
			 Results of any monitoring or sampling conducted in connection with the release
			 (if available). If sampling or monitoring data relating to the release are not
			 available within 30 days, these data must be submitted to the Director as soon
			 as they become available.
(iv)
			 Proximity to downgradient drinking water, surface water, and populated areas;
			 and
(v) Description of response
			 actions taken or planned.
(e) Provision of secondary containment,
			 repair, or closure.
(1) Unless the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material satisfies the requirements of paragraphs (e)(2) through (4) of this
			 section, the tank system must cease to operate under the remanufacturing
			 exclusion at APC&EC Rule No. 23 261.4(a)(27).
(2) If the cause of the release was a spill
			 that has not damaged the integrity of the system, the remanufacturer or other
			 person that stores or treats the hazardous secondary material may return the
			 system to service as soon as the released material is removed and repairs, if
			 necessary, are made.
(3) If the
			 cause of the release was a leak from the primary tank system into the secondary
			 containment system, the system must be repaired prior to returning the tank
			 system to service.
(4) If the
			 source of the release was a leak to the environment from a component of a tank
			 system without secondary containment, the remanufacturer or other person that
			 stores or treats the hazardous secondary material must provide the component of
			 the system from which the leak occurred with secondary containment that
			 satisfies the requirements of § 261.193 before it can be returned to
			 service, unless the source of the leak is an aboveground portion of a tank
			 system that can be inspected visually. If the source is an aboveground
			 component that can be inspected visually, the component must be repaired and
			 may be returned to service without secondary containment as long as the
			 requirements of paragraph (f) of this section are satisfied. Additionally, if a
			 leak has occurred in any portion of a tank system component that is not readily
			 accessible for visual inspection (e.g., the bottom of an inground or onground
			 tank), the entire component must be provided with secondary containment in
			 accordance with § 261.193 of this subsection prior to being returned to
			 use.
(f) Certification
			 of major repairs. If the remanufacturer or other person that stores or treats
			 the hazardous secondary material has repaired a tank system in accordance with
			 paragraph (e) of this section, and the repair has been extensive ( e.g.,
			 installation of an internal liner; repair of a ruptured primary containment or
			 secondary containment vessel), the tank system must not be returned to service
			 unless the remanufacturer or other person that stores or treats the hazardous
			 secondary material has obtained a certification by
an independent
			 qualified Arkansas-Registered Professional Engineer
that the repaired
			 system is capable of handling hazardous secondary materials without release for
			 the intended life of the system. This certification must be kept on file at the
			 facility and maintained until closure of the facility.
Note 1: The Director may, on the basis of any information
				received that there is or has been a release of hazardous secondary material or
				hazardous constituents into the environment, issue an order under the Arkansas
				Remedial Trust Fund Act (A.C.A. §§ 8-7-501
et seq.
)
				requiring corrective action or such other response as deemed necessary to
				protect human health or the environment.
Note 2: 40 CFR part 302 may require the owner or operator to
				notify the National Response Center of certain
				releases.
§
			 261.197
Termination of remanufacturing exclusion
Hazardous secondary material stored in units more than 90 days
				after the unit ceases to operate under the remanufacturing exclusion at
				APC&EC Rule No. 23 261.4(a)(27) or otherwise ceases to be operated for
				manufacturing, or for storage of a product or a raw material, then becomes
				subject to rule as hazardous waste under Sections 261 through 266, 268, 270,
				271, and 124 of this rule, as applicable.
§ 261.198
Special requirements for
			 ignitable or reactive materials
(a)
			 Ignitable or reactive material must not be placed in tank systems, unless the
			 material is stored or treated in such a way that it is protected from any
			 material or conditions that may cause the material to ignite or
			 react.
(b) The remanufacturer or
			 other person that stores or treats hazardous secondary material which is
			 ignitable or reactive must store or treat the hazardous secondary material in a
			 tank that is in compliance with the requirements for the maintenance of
			 protective distances between the material management area and any public ways,
			 streets, alleys, or an adjoining property line that can be built upon as
			 required in Tables 2-1 through 2-6 of the National Fire Protection
			 Association's "Flammable and Combustible Liquids Code," (1977 or 1981),
			 (incorporated by reference, see § 260.11).
§ 261.199
Special requirements for
			 incompatible materials
(a)
			 Incompatible materials must not be placed in the same tank system.
(b) Hazardous secondary material must not be
			 placed in a tank system that has not been decontaminated and that previously
			 held an incompatible material.
§
			 261.200
Air emission standards
The remanufacturer or other person that stores or treats the
				hazardous secondary material shall manage all hazardous secondary material
				placed in a tank in accordance with the applicable requirements of subsections
				AA, BB, and CC of this Section.
Subsection K
- L
			 [Reserved]
Subsection M
- Emergency Preparedness and Response for Management of Excluded
			 Hazardous Secondary Material
§
			 261.400
Applicability
The requirements of this subsection apply to those areas of an
				entity managing hazardous secondary materials excluded under §
				261.4(a)(23) and/or (24) where hazardous secondary materials are generated or
				accumulated on site.
(a) A generator of
			 hazardous secondary material, or an intermediate or reclamation facility
			 operating under a verified recycler variance under § 260.31(d), that
			 accumulates 6000 kg or less of hazardous secondary material at any time must
			 comply with §§ 261.410 and 261.411.
(b) A generator of hazardous secondary
			 material, or an intermediate or reclamation facility operating under a verified
			 recycler variance under § 260.31(d) that accumulates more than 6000 kg of
			 hazardous secondary material at any time must comply with §§ 261.410
			 and 261.420.
§
			 261.410
Preparedness and prevention
(a) Maintenance and operation of facility.
			 Facilities generating or accumulating hazardous secondary material must be
			 maintained and operated to minimize the possibility of a fire, explosion, or
			 any unplanned sudden or non-sudden release of hazardous secondary materials or
			 hazardous secondary material constituents to air, soil, or surface water which
			 could threaten human health or the environment.
(b) Required equipment. All facilities
			 generating or accumulating hazardous secondary material must be equipped with
			 the following, unless none of the hazards posed by hazardous secondary material
			 handled at the facility could require a particular kind of equipment specified
			 below:
(1) An internal communications or
			 alarm system capable of providing immediate emergency instruction (voice or
			 signal) to facility personnel;
(2)
			 A device, such as a telephone (immediately available at the scene of
			 operations) or a hand-held two-way radio, capable of summoning emergency
			 assistance from local police departments, fire departments, or state or local
			 emergency response teams;
(3)
			 Portable fire extinguishers, fire control equipment (including special
			 extinguishing equipment, such as that using foam, inert gas, or dry chemicals),
			 spill control equipment, and decontamination equipment; and
(4) Water at adequate volume and pressure to
			 supply water hose streams, or foam producing equipment, or automatic
			 sprinklers, or water spray systems.
(c) Testing and maintenance of equipment. All
			 facility communications or alarm systems, fire protection equipment, spill
			 control equipment, and decontamination equipment, where required, must be
			 tested and maintained as necessary to assure its proper operation in time of
			 emergency.
(d) Access to
			 communications or alarm system.
(1) Whenever
			 hazardous secondary material is being poured, mixed, spread, or otherwise
			 handled, all personnel involved in the operation must have immediate access to
			 an internal alarm or emergency communication device, either directly or through
			 visual or voice contact with another employee, unless such a device is not
			 required under paragraph (b) of this section.
(1) Whenever hazardous secondary material is
			 being poured, mixed, spread, or otherwise handled, all personnel involved in
			 the operation must have immediate access to an internal alarm or emergency
			 communication device, either directly or through visual or voice contact with
			 another employee, unless such a device is not required under paragraph (b) of
			 this section.
(2) If there is ever
			 just one employee on the premises while the facility is operating, he must have
			 immediate access to a device, such as a telephone (immediately available at the
			 scene of operation) or a hand-held two-way radio, capable of summoning external
			 emergency assistance, unless such a device is not required under paragraph (b)
			 of this section.
(e)
			 Required aisle space. The hazardous secondary material generator or
			 intermediate or reclamation facility operating under a verified recycler
			 variance under §260.31(d) must maintain aisle space to allow the
			 unobstructed movement of personnel, fire protection equipment, spill control
			 equipment, and decontamination equipment to any area of facility operation in
			 an emergency, unless aisle space is not needed for any of these
			 purposes.
(f) Arrangements with
			 local authorities.
(1) The hazardous
			 secondary material generator or an intermediate or reclamation facility
			 operating under a verified recycler variance under §260.31(d) must attempt
			 to make the following arrangements, as appropriate for the type of waste
			 handled at his facility and the potential need for the services of these
			 organizations:
(i) Arrangements to
			 familiarize police, fire departments, and emergency response teams with the
			 layout of the facility, properties of hazardous secondary material handled at
			 the facility and associated hazards, places where facility personnel would
			 normally be working, entrances to roads inside the facility, and possible
			 evacuation routes;
(ii) Where more
			 than one police and fire department might respond to an emergency, agreements
			 designating primary emergency authority to a specific police and a specific
			 fire department, and agreements with any others to provide support to the
			 primary emergency authority;
(iii)
			 Agreements with state emergency response teams, emergency response contractors,
			 and equipment suppliers; and
(iv)
			 Arrangements to familiarize local hospitals with the properties of hazardous
			 waste handled at the facility and the types of injuries or illnesses which
			 could result from fires, explosions, or releases at the facility.
(2) Where state or local
			 authorities decline to enter into such arrangements, the hazardous secondary
			 material generator or an intermediate or reclamation facility operating under a
			 verified recycler variance under §260.31(d) must document the refusal in
			 the operating record.
§ 261.411
Emergency procedures for
			 facilities generating or accumulating 6000 kg or less of hazardous secondary
			 material
A generator or an intermediate or reclamation facility
				operating under a verified recycler variance under § 260.31(d) that
				generates or accumulates 6000 kg or less of hazardous secondary material must
				comply with the following requirements:
(a) At all times there must be at least one
			 employee either on the premises or on call (i.e., available to respond to an
			 emergency by reaching the facility within a short period of time) with the
			 responsibility for coordinating all emergency response measures specified in
			 paragraph (d) of this section. This employee is the emergency
			 coordinator.
(b) The generator or
			 intermediate or reclamation facility operating under a verified recycler
			 variance under §260.31(d) must post the following information next to the
			 telephone:
(1) The name and telephone number
			 of the emergency coordinator;
(2)
			 Location of fire extinguishers and spill control material, and, if present,
			 fire alarm; and
(3) The telephone
			 number of the fire department, unless the facility has a direct
			 alarm.
(c) The generator
			 or an intermediate or reclamation facility operating under a verified recycler
			 variance under §260.31(d) must ensure that all employees are thoroughly
			 familiar with proper waste handling and emergency procedures, relevant to their
			 responsibilities during normal facility operations and emergencies;
(d) The emergency coordinator or his designee
			 must respond to any emergencies that arise. The applicable responses are as
			 follows:
(1) In the event of a fire, call the
			 fire department or attempt to extinguish it using a fire
			 extinguisher;
(2) In the event of a
			 spill, contain the flow of hazardous waste to the extent possible, and as soon
			 as is practicable, clean up the hazardous waste and any contaminated materials
			 or soil;
(3) In the event of a
			 fire, explosion, or other release which could threaten human health outside the
			 facility or when the generator or an intermediate or reclamation facility
			 operating under a verified recycler variance under §260.31(d) has
			 knowledge that a spill has reached surface water, the generator or an
			 intermediate or reclamation facility operating under a verified recycler
			 variance under §260.31(d) must immediately notify the National Response
			 Center (using their 24-hour toll free number 800/424-8802). The report must
			 include the following information:
(i) The
			 name, address, and U.S. EPA Identification Number of the facility;
(ii) Date, time, and type of incident (e.g.,
			 spill or fire);
(iii) Quantity and
			 type of hazardous waste involved in the incident;
(iv) Extent of injuries, if any;
			 and
(v) Estimated quantity and
			 disposition of recovered materials, if any.
§ 261.420
Contingency planning and emergency procedures for facilities generating or
			 accumulating more than 6000 kg of hazardous secondary material
A generator or an intermediate or reclamation facility
				operating under a verified recycler variance under § 260.31(d) that
				generates or accumulates more than 6000 kg of hazardous secondary material must
				comply with the following requirements:
(a) Purpose and implementation of contingency
			 plan.
(1) Each generator or an intermediate
			 or reclamation facility operating under a verified recycler variance under
			 §260.31(d) that accumulates more than 6000 kg of hazardous secondary
			 material must have a contingency plan for his facility. The contingency plan
			 must be designed to minimize hazards to human health or the environment from
			 fires, explosions, or any unplanned sudden or non-sudden release of hazardous
			 secondary material or hazardous secondary material constituents to air, soil,
			 or surface water.
(2) The
			 provisions of the plan must be carried out immediately whenever there is a
			 fire, explosion, or release of hazardous secondary material or hazardous
			 secondary material constituents which could threaten human health or the
			 environment.
(b) Content
			 of contingency plan.
(1) The contingency plan
			 must describe the actions facility personnel must take to comply with
			 paragraphs (a) and (f) in response to fires, explosions, or any unplanned
			 sudden or non-sudden release of hazardous secondary material or hazardous
			 secondary material constituents to air, soil, or surface water at the
			 facility.
(2) If the generator or
			 an intermediate or reclamation facility operating under a verified recycler
			 variance under §260.31(d) accumulating more than 6000 kg of hazardous
			 secondary material has already prepared a Spill Prevention, Control, and
			 Countermeasures (SPCC) Plan in accordance with Section 112 of this rule, or
			 some other emergency or contingency plan, he need only amend that plan to
			 incorporate hazardous waste management provisions that are sufficient to comply
			 with the requirements of this Section. The hazardous secondary material
			 generator or an intermediate or reclamation facility operating under a verified
			 recycler variance under §260.31(d) may develop one contingency plan which
			 meets all regulatory requirements. EPA recommends that the plan be based on the
			 National Response Team's Integrated Contingency Plan Guidance ("One Plan").
			 When modifications are made to non-RCRA provisions in an integrated contingency
			 plan, the changes do not trigger the need for a RCRA permit
			 modification.
(3) The plan must
			 describe arrangements agreed to by local police departments, fire departments,
			 hospitals, contractors, and State and local emergency response teams to
			 coordinate emergency services, pursuant to §262.410(f).
(4) The plan must list names, addresses, and
			 phone numbers (office and home) of all persons qualified to act as emergency
			 coordinator (see paragraph (e) of this section), and this list must be kept
			 up-to-date. Where more than one person is listed, one must be named as primary
			 emergency coordinator and others must be listed in the order in which they will
			 assume responsibility as alternates.
(5) The plan must include a list of all
			 emergency equipment at the facility (such as fire extinguishing systems, spill
			 control equipment, communications and alarm systems (internal and external),
			 and decontamination equipment), where this equipment is required. This list
			 must be kept up to date. In addition, the plan must include the location and a
			 physical description of each item on the list, and a brief outline of its
			 capabilities.
(6) The plan must
			 include an evacuation plan for facility personnel where there is a possibility
			 that evacuation could be necessary. This plan must describe signal(s) to be
			 used to begin evacuation, evacuation routes, and alternate evacuation routes
			 (in cases where the primary routes could be blocked by releases of hazardous
			 waste or fires).
(c)
			 Copies of contingency plan. A copy of the contingency plan and all revisions to
			 the plan must be:
(1) Maintained at the
			 facility; and
(2) Submitted to all
			 local police departments, fire departments, hospitals, and State and local
			 emergency response teams that may be called upon to provide emergency
			 services.
(d) Amendment
			 of contingency plan. The contingency plan must be reviewed, and immediately
			 amended, if necessary, whenever:
(1)
			 Applicable rules are revised;
(2)
			 The plan fails in an emergency;
(3)
			 The facility changes-in its design, construction, operation, maintenance, or
			 other circumstances-in a way that materially increases the potential for fires,
			 explosions, or releases of hazardous secondary material or hazardous secondary
			 material constituents, or changes the response necessary in an
			 emergency;
(4) The list of
			 emergency coordinators changes; or
(5) The list of emergency equipment
			 changes.
(e) Emergency
			 coordinator. At all times, there must be at least one employee either on the
			 facility premises or on call (i.e., available to respond to an emergency by
			 reaching the facility within a short period of time) with the responsibility
			 for coordinating all emergency response measures. This emergency coordinator
			 must be thoroughly familiar with all aspects of the facility's contingency
			 plan, all operations and activities at the facility, the location and
			 characteristics of waste handled, the location of all records within the
			 facility, and the facility layout. In addition, this person must have the
			 authority to commit the resources needed to carry out the contingency plan. The
			 emergency coordinator's responsibilities are more fully spelled out in
			 paragraph (f). Applicable responsibilities for the emergency coordinator vary,
			 depending on factors such as type and variety of hazardous secondary
			 material(s) handled by the facility, and type and complexity of the
			 facility.
(f) Emergency procedures.
(1) Whenever there is an imminent or actual
			 emergency situation, the emergency coordinator (or his designee when the
			 emergency coordinator is on call) must immediately:
(i) Activate internal facility alarms or
			 communication systems, where applicable, to notify all facility personnel;
			 and
(ii) Notify appropriate State
			 or local agencies with designated response roles if their help is
			 needed.
(2) Whenever
			 there is a release, fire, or explosion, the emergency coordinator must
			 immediately identify the character, exact source, amount, and areal extent of
			 any released materials. He may do this by observation or review of facility
			 records or manifests and, if necessary, by chemical analysis.
(3) Concurrently, the emergency coordinator
			 must assess possible hazards to human health or the environment that may result
			 from the release, fire, or explosion. This assessment must consider both direct
			 and indirect effects of the release, fire, or explosion (e.g., the effects of
			 any toxic, irritating, or asphyxiating gases that are generated, or the effects
			 of any hazardous surface water run-offs from water or chemical agents used to
			 control fire and heat-induced explosions).
(4) If the emergency coordinator determines
			 that the facility has had a release, fire, or explosion which could threaten
			 human health, or the environment, outside the facility, he must report his
			 findings as follows:
(i) If his assessment
			 indicates that evacuation of local areas may be advisable, he must immediately
			 notify appropriate local authorities. He must be available to help appropriate
			 officials decide whether local areas should be evacuated; and
(ii) He must immediately notify either the
			 government official designated as the on-scene coordinator for that
			 geographical area, or the National Response Center (using their 24-hour toll
			 free number 800/424-8802). The report must include:
(A) Name and telephone number of
			 reporter;
(B) Name and address of
			 facility;
(C) Time and type of
			 incident (e.g., release, fire);
(D)
			 Name and quantity of material(s) involved, to the extent known;
(E) The extent of injuries, if any;
			 and
(F) The possible hazards to
			 human health, or the environment, outside the facility.
(5) During an emergency, the
			 emergency coordinator must take all reasonable measures necessary to ensure
			 that fires, explosions, and releases do not occur, recur, or spread to other
			 hazardous secondary material at the facility. These measures must include,
			 where applicable, stopping processes and operations, collecting and containing
			 released material, and removing or isolating containers.
(6) If the facility stops operations in
			 response to a fire, explosion or release, the emergency coordinator must
			 monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
			 pipes, or other equipment, wherever this is appropriate.
(7) Immediately after an emergency, the
			 emergency coordinator must provide for treating, storing, or disposing of
			 recovered secondary material, contaminated soil or surface water, or any other
			 material that results from a release, fire, or explosion at the facility.
			 Unless the hazardous secondary material generator can demonstrate, in
			 accordance with §261.3(c) or (d) of this rule, that the recovered material
			 is not a hazardous waste, the owner or operator becomes a generator of
			 hazardous waste and must manage it in accordance with all applicable
			 requirements of Sections 262, 263, and 265 of this rule.
(8) The emergency coordinator must ensure
			 that, in the affected area(s) of the facility:
(i) No secondary material that may be
			 incompatible with the released material is treated, stored, or disposed of
			 until cleanup procedures are completed; and
(ii) All emergency equipment listed in the
			 contingency plan is cleaned and fit for its intended use before operations are
			 resumed.
(9) The
			 hazardous secondary material generator must note in the operating record the
			 time, date, and details of any incident that requires implementing the
			 contingency plan. Within 15 days after the incident, he must submit a written
			 report on the incident to the Director. The report must include:
(i) Name, address, and telephone number of
			 the hazardous secondary material generator;
(ii) Name, address, and telephone number of
			 the facility;
(iii) Date, time, and
			 type of incident (e.g., fire, explosion);
(iv) Name and quantity of material(s) involved;
(v) The extent of injuries, if any;
(vi) An assessment of actual or potential
			 hazards to human health or the environment, where this is applicable;
			 and
(vii) Estimated quantity and
			 disposition of recovered material that resulted from the incident.
(g) Personnel
			 training
.
All employees must be thoroughly familiar with
			 proper waste handling and emergency procedures relevant to their
			 responsibilities during normal facility operations and emergencies.
Subsections N
			 - Z
[Reserved]
Subsection
			 AA
- Air Emission Standards for Process Vents
§ 261.1030
Applicability
The rules in this subsection apply to process vents associated
				with distillation, fractionation, thin-film evaporation, solvent extraction, or
				air or stream stripping operations that manage hazardous secondary materials
				excluded under the remanufacturing exclusion at § 261.4(a)(27) with
				concentrations of at least 10 ppmw, unless the process vents are equipped with
				operating air emission controls in accordance with the requirements of an
				applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or
				part 63.
§ 261.1031
Definitions
As used in this Subsection, all terms shall have the meaning
				given them in § 264.1031, RCRA, the Act, and Sections 260-266 of this
				rule.
§ 261.1032
Standards: Process vents
(a) The
			 remanufacturer or other person that stores or treats hazardous secondary
			 materials in hazardous secondary material management units with process vents
			 associated with distillation, fractionation, thin-film evaporation, solvent
			 extraction or air or steam stripping operations managing hazardous secondary
			 materials with organic concentrations at least 10 ppmw shall either:
(1) Reduce total organic emissions from all
			 affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr
			 (3.1 tons/yr), or
(2) Reduce, by
			 use of a control device, total organic emissions from all affected process
			 vents at the facility by 95 weight percent.
(b) If the remanufacturer or other person
			 that stores or treats the hazardous secondary material installs a closed-vent
			 system and control device to comply with the provisions of paragraph (a) of
			 this section, the closed-vent system and control device must meet the
			 requirements of § 261.1033.
(c) Determinations of vent emissions and
			 emission reductions or total organic compound concentrations achieved by add-on
			 control devices may be based on engineering calculations or performance tests.
			 If performance tests are used to determine vent emissions, emission reductions,
			 or total organic compound concentrations achieved by add-on control devices,
			 the performance tests must conform with the requirements of §
			 261.1034(c).
(d) When a
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material remanufacturer or other person that stores or treats the hazardous
			 secondary material and the Director do not agree on determinations of vent
			 emissions and/or emission reductions or total organic compound concentrations
			 achieved by add-on control devices based on engineering calculations, the test
			 methods in § 261.1034(c) shall be used to resolve the
			 disagreement.
§
			 261.1033
Standards: Closed-vent systems and control
			 devices
(a)
(1) The remanufacturer or other person that
			 stores or treats the hazardous secondary materials in hazardous secondary
			 material management units using closed-vent systems and control devices used to
			 comply with provisions of this Section shall comply with the provisions of this
			 section.
(2) [Reserved]
(b) A control device involving
			 vapor recovery (e.g., a condenser or adsorber) shall be designed and operated
			 to recover the organic vapors vented to it with an efficiency of 95 weight
			 percent or greater unless the total organic emission limits of §
			 261.1032(a)(1) for all affected process vents can be attained at an efficiency
			 less than 95 weight percent.
(c) An
			 enclosed combustion device (e.g., a vapor incinerator, boiler, or process
			 heater) shall be designed and operated to reduce the organic emissions vented
			 to it by 95 weight percent or greater; to achieve a total organic compound
			 concentration of 20 ppmv, expressed as the sum of the actual compounds, not
			 carbon equivalents, on a dry basis corrected to 3 percent oxygen; or to provide
			 a minimum residence time of 0.50 seconds at a minimum temperature of 760
			 °C. If a boiler or process heater is used as the control device, then the
			 vent stream shall be introduced into the flame combustion zone of the boiler or
			 process heater.
(d)
(1) A flare shall be designed for and
			 operated with no visible emissions as determined by the methods specified in
			 paragraph (e)(1) of this section, except for periods not to exceed a total of 5
			 minutes during any 2 consecutive hours.
(2) A flare shall be operated with a flame
			 present at all times, as determined by the methods specified in paragraph
			 (f)(2)(iii) of this section.
(3) A
			 flare shall be used only if the net heating value of the gas being combusted is
			 264.2 MJ/scm (300 Btu/scf) or greater, if the flare is steam-assisted or
			 air-assisted; or if the net heating value of the gas being combusted is 260.45
			 MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. The net heating
			 value of the gas being combusted shall be determined by the methods specified
			 in paragraph (e)(2) of this section.
(4)
(i) A
			 steam-assisted or nonassisted flare shall be designed for and operated with an
			 exit velocity, as determined by the methods specified in paragraph (e)(3) of
			 this section, of less than 18.3 m/s (60 ft/s), except as provided in paragraphs
			 (d)(4) (ii) and (iii) of this section.
(ii) A steam-assisted or nonassisted flare
			 designed for and operated with an exit velocity, as determined by the methods
			 specified in paragraph (e)(3) of this section, equal to or greater than 18.3
			 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating
			 value of the gas being combusted is greater than 37.3 MJ/scm (1,000
			 Btu/scf).
(iii) A steam-assisted or
			 nonassisted flare designed for and operated with an exit velocity, as
			 determined by the methods specified in paragraph (e)(3) of this section, less
			 than the velocity, V , as determined by the method specified in paragraph
			 (e)(4) of max this section, and less than 122 m/s (400 ft/s) is
			 allowed.
(5) An
			 air-assisted flare shall be designed and operated with an exit velocity less
			 than the velocity, Vmax, as determined by the method
			 specified in paragraph (e)(5) of this section.
(6) A flare used to comply with this section
			 shall be steam-assisted. air-assisted, or nonassisted.
(e)
(1)
			 Reference Method 22 in 40 CFR part 60 shall be used to determine the compliance
			 of a flare with the visible emission provisions of this Subsection. The
			 observation period is 2 hours and shall be used according to Method
			 22.
(2) The net heating value of
			 the gas being combusted in a flare shall be calculated using the following
			 equation:
Click here to view
				image
where:
HT =Net heating value of the sample,
				MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25
				°C and 760 mm Hg, but the standard temperature for determining the volume
				corresponding to 1 mol is 20 °C;
K=Constant, 1.74X10-7 (1/ppm) (g
				mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20
				°C;
C i = Concentration of sample component
				i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40
				CFR part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82
				(incorporated by reference as specified in § 260.11); and
Hi = Net heat of combustion of sample
				component i, kcal/g mol at 25 °C and 760 mm Hg. The i heats of combustion
				may be determined using ASTM D 2382-83 (incorporated by reference as specified
				in § 260.11) if published values are not available or cannot be
				calculated.
(3) The actual
			 exit velocity of a flare shall be determined by dividing the volumetric flow
			 rate (in units of standard temperature and pressure), as determined by
			 Reference Methods 2, 2A, 2C, or 2D in 40 CFR part 60 as appropriate, by the
			 unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, V ,
			 for a flare complying with paragraph max (d)(4)(iii) of this section shall be
			 determined by the following equation:
Click here to view
				image
where:
H =The net heating value as determined in paragraph (e)(2) of
				this section. T
28. 8=Constant,
31. 7=Constant.
(5) The maximum allowed velocity in m/s,
			 Vmax, for an air-assisted flare shall be determined by the following equation:
Click here to view
				image
where:
8.706 = Constant.
0.7084 = Constant.
H = The net heating value as determined in paragraph (e)(2) of
				this section. T
(f) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall monitor and inspect
			 each control device required to comply with this section to ensure proper
			 operation and maintenance of the control device by implementing the following
			 requirements:
(1) Install, calibrate,
			 maintain, and operate according to the manufacturer's specifications a flow
			 indicator that provides a record of vent stream flow from each affected process
			 vent to the control device at least once every hour. The flow indicator sensor
			 shall be installed in the vent stream at the nearest feasible point to the
			 control device inlet, but before being combined with other vent
			 streams.
(2) Install, calibrate,
			 maintain, and operate according to the manufacturer's specifications a device
			 to continuously monitor control device operation as specified below:
(i) For a thermal vapor incinerator, a
			 temperature monitoring device equipped with a continuous recorder. The device
			 shall have an accuracy of ±1 percent of the temperature being monitored
			 in °C or ±0.5 °C. whichever is greater. The temperature sensor
			 shall be installed at a location in the combustion chamber downstream of the
			 combustion zone.
(ii) For a
			 catalytic vapor incinerator, a temperature monitoring device equipped with a
			 continuous recorder. The device shall be capable of monitoring temperature at
			 two locations and have an accuracy of ±1 percent of the temperature
			 being monitored in °C or ±0.5 °C, whichever is greater. One
			 temperature sensor shall be installed in the vent stream at the nearest
			 feasible point to the catalyst bed inlet and a second temperature sensor shall
			 be installed in the vent stream at the nearest feasible point to the catalyst
			 bed outlet.
(iii) For a flare, a
			 heat sensing monitoring device equipped with a continuous recorder that
			 indicates the continuous ignition of the pilot flame.
(iv) For a boiler or process heater having a
			 design heat input capacity less than 44 MW, a temperature monitoring device
			 equipped with a continuous recorder. The device shall have an accuracy of
			 ±1 percent of the temperature being monitored in °C or ±0.5
			 °C, whichever is greater. The temperature sensor shall be installed at a
			 location in the furnace downstream of the combustion zone.
(v) For a boiler or process heater having a
			 design heat input capacity greater than or equal to 44 MW, a monitoring device
			 equipped with a continuous recorder to measure a parameter(s) that indicates
			 good combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a
			 continuous recorder to measure the concentration level of the organic compounds
			 in the exhaust vent stream from the condenser; or
(B) A temperature monitoring device equipped
			 with a continuous recorder. The device shall be capable of monitoring
			 temperature with an accuracy of ±1 percent of the temperature being
			 monitored in degrees Celsius (°C) or ±0.5 °C, whichever is
			 greater. The temperature sensor shall be installed at a location in the exhaust
			 vent stream from the condenser exit (i.e., product side).
(vii)  For a carbon adsorption system such as
			 a fixed-bed carbon adsorber that regenerates the carbon bed directly in the
			 control device, either:
(A) A monitoring
			 device equipped with a continuous recorder to measure the concentration level
			 of the organic compounds in the exhaust vent stream from the carbon bed,
			 or
(B) A monitoring device equipped
			 with a continuous recorder to measure a parameter that indicates the carbon bed
			 is regenerated on a regular, predetermined time cycle.
(3) Inspect the readings from each
			 monitoring device required by paragraphs (f) (1) and (2) of this section at
			 least once each operating day to check control device operation and, if
			 necessary, immediately implement the corrective measures necessary to ensure
			 the control device operates in compliance with the requirements of this
			 section.
(g) A
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material in a hazardous secondary material management unit using a carbon
			 adsorption system such as a fixed-bed carbon adsorber that regenerates the
			 carbon bed directly onsite in the control device, shall replace the existing
			 carbon in the control device with fresh carbon at a regular, predetermined time
			 interval that is no longer than the carbon service life established as a
			 requirement of § 261.1035(b)(4)(iii)(F).
(h) A remanufacturer or other person that
			 stores or treats the hazardous secondary material in a hazardous secondary
			 material management unit using a carbon adsorption system such as a carbon
			 canister that does not regenerate the carbon bed directly onsite in the control
			 device shall replace the existing carbon in the control device with fresh
			 carbon on a regular basis by using one of the following procedures:
(1) Monitor the concentration level of the
			 organic compounds in the exhaust vent stream from the carbon adsorption system
			 on a regular schedule and replace the existing carbon with fresh carbon
			 immediately when carbon breakthrough is indicated. The monitoring frequency
			 shall be daily or at an interval no greater than 20 percent of the time
			 required to consume the total carbon working capacity established as a
			 requirement of § 261.1035(b)(4)(iii)(G), whichever is longer.
(2) Replace the existing carbon with fresh
			 carbon at a regular, predetermined time interval that is less than the design
			 carbon replacement interval established as a requirement of § 261.1035
			 (b)(4)(iii)(G).
(i) A
			 remanufacturer or other person that stores or treats hazardous secondary
			 material at an affected facility seeking to comply with the provisions of this
			 Section by using a control device other than a thermal vapor incinerator,
			 catalytic vapor incinerator, flare, boiler, process heater, condenser, or
			 carbon adsorption system is required to develop documentation including
			 sufficient information to describe the control device operation and identify
			 the process parameter or parameters that indicate proper operation and
			 maintenance of the control device.
(j) A closed-vent system shall meet either of
			 the following design requirements:
(1) A
			 closed-vent system shall be designed to operate with no detectable emissions,
			 as indicated by an instrument reading of less than 500 ppmv above background as
			 determined by the procedure in § 261.1034(b) of this subsection, and by
			 visual inspections; or
(2) A
			 closed-vent system shall be designed to operate at a pressure below atmospheric
			 pressure. The system shall be equipped with at least one pressure gauge or
			 other pressure measurement device that can be read from a readily accessible
			 location to verify that negative pressure is being maintained in the
			 closed-vent system when the control device is operating.
(k)  The remanufacturer or other person that
			 stores or treats hazardous secondary material shall monitor and inspect each
			 closed-vent system required to comply with this section to ensure proper
			 operation and maintenance of the closed-vent system by implementing the
			 following requirements:
(1) Each closed-vent
			 system that is used to comply with paragraph (j)(1) of this section shall be
			 inspected and monitored in accordance with the following requirements:
(i) An initial leak detection monitoring of
			 the closed-vent system shall be conducted by the remanufacturer or other person
			 that stores or treats the hazardous secondary material on or before the date
			 that the system becomes subject to this section. The remanufacturer or other
			 person that stores or treats the hazardous secondary material shall monitor the
			 closed-vent system components and connections using the procedures specified in
			 § 261.1034(b) of this subsection to demonstrate that the closed-vent
			 system operates with no detectable emissions, as indicated by an instrument
			 reading of less than 500 ppmv above background.
(ii) After initial leak detection monitoring
			 required in paragraph (k)(1)(i) of this section, the remanufacturer or other
			 person that stores or treats hazardous secondary material shall inspect and
			 monitor the closed-vent system as follows:
(A) Closed-vent system joints, seams, or
			 other connections that are permanently or semi-permanently sealed (e.g., a
			 welded joint between two sections of hard piping or a bolted and gasketed
			 ducting flange) shall be visually inspected at least once per year to check for
			 defects that could result in air pollutant emissions. The remanufacturer or
			 other person that stores or treats hazardous secondary material shall monitor a
			 component or connection using the procedures specified in § 261.1034(b) of
			 this subsection to demonstrate that it operates with no detectable emissions
			 following any time the component is repaired or replaced (e.g., a section of
			 damaged hard piping is replaced with new hard piping) or the connection is
			 unsealed (e.g., a flange is unbolted).
(B) Closed-vent system components or
			 connections other than those specified in paragraph (k)(1)(ii)(A) of this
			 section shall be monitored annually and at other times as requested by the
			 Director, except as provided for in paragraph (n) of this section, using the
			 procedures specified in § 261.1034(b) of this subsection to demonstrate
			 that the components or connections operate with no detectable
			 emissions.
(iii) In the
			 event that a defect or leak is detected, the remanufacturer or other person
			 that stores or treats hazardous secondary material shall repair the defect or
			 leak in accordance with the requirements of paragraph (k)(3) of this
			 section.
(iv) The remanufacturer or
			 other person shall maintain a record of the inspection and monitoring in
			 accordance with the requirements specified in § 261.1035 of this
			 subsection.
(2) Each
			 closed-vent system that is used to comply with paragraph (j)(2) of this section
			 shall be inspected and monitored in accordance with the following requirements:
(i) The closed-vent system shall be visually
			 inspected by the remanufacturer or other person that stores or treats the
			 hazardous secondary material to check for defects that could result in air
			 pollutant emissions. Defects include, but are not limited to, visible cracks,
			 holes, or gaps in ductwork or piping or loose connections.
(ii) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall perform an initial
			 inspection of the closed-vent system on or before the date that the system
			 becomes subject to this section. Thereafter, the remanufacturer or other person
			 that stores or treats the hazardous secondary material shall perform the
			 inspections at least once every year.
(iii) In the event that a defect or leak is
			 detected, the remanufacturer or other person that stores or treats the
			 hazardous secondary material shall repair the defect in accordance with the
			 requirements of paragraph (k)(3) of this section.
(iv) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall maintain a record of
			 the inspection and monitoring in accordance with the requirements specified in
			 § 261.1035 of this subsection.
(3) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall repair all detected
			 defects as follows:
(i) Detectable emissions,
			 as indicated by visual inspection, or by an instrument reading greater than 500
			 ppmv above background, shall be controlled as soon as practicable, but not
			 later than 15 calendar days after the emission is detected, except as provided
			 for in paragraph (k)(3)(iii) of this section.
(ii) A first attempt at repair shall be made
			 no later than 5 calendar days after the emission is detected.
(iii) Delay of repair of a closed-vent system
			 for which leaks have been detected is allowed if the repair is technically
			 infeasible without a process unit shutdown, or if the remanufacturer or other
			 person that stores or treats the hazardous secondary material determines that
			 emissions resulting from immediate repair would be greater than the fugitive
			 emissions likely to result from delay of repair. Repair of such equipment shall
			 be completed by the end of the next process unit shutdown.
(iv) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall maintain a record of
			 the defect repair in accordance with the requirements specified in §
			 261.1035 of this subsection.
(l) Closed-vent systems and control devices
			 used to comply with provisions of this subsection shall be operated at all
			 times when emissions may be vented to them.
(m) The remanufacturer or other person using
			 a carbon adsorption system to control air pollutant emissions shall document
			 that all carbon that is a hazardous secondary material and that is removed from
			 the control device is managed in one of the following manners, regardless of
			 the average volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal
			 treatment unit that meets one of the following:
(i) [Reserved]
(ii) [Reserved]
(iii) The unit is equipped with and operating
			 air emission controls in accordance with a national emission standard for
			 hazardous air pollutants under 40 CFR part 61 or 40 CFR part 63.
(2) Incinerated in a hazardous
			 secondary materials incinerator for which the owner or operator either:
(i) [Reserved]
(ii) Has designed and operates the
			 incinerator in accordance with the interim status requirements of subsection O
			 of this section.
(3)
			 Burned in a boiler or industrial furnace for which the remanufacturer or other
			 person either:
(i) Has been issued a final
			 permit under § 270 which implements the requirements of § 266,
			 subsection H; or
(ii) Has designed
			 and operates the boiler or industrial furnace in accordance with the interim
			 status requirements of § 266, subsection H.
(n) Any components of a
			 closed-vent system that are designated, as described in § 261.1035(c)(9)
			 of this subsection, as unsafe to monitor are exempt from the requirements of
			 paragraph (k)(1)(ii)(B) of this section if:
(1) The remanufacturer or other person that
			 stores or treats the hazardous secondary material in a hazardous secondary
			 material management unit using a closed-vent system determines that the
			 components of the closed-vent system are unsafe to monitor because monitoring
			 personnel would be exposed to an immediate danger as a consequence of complying
			 with paragraph (k)(1)(ii)(B) of this section; and
(2) The remanufacturer or other person that
			 stores or treats the hazardous secondary material in a hazardous secondary
			 material management unit using a closed-vent system adheres to a written plan
			 that requires monitoring the closed-vent system components using the procedure
			 specified in paragraph (k)(1)(ii)(B) of this section as frequently as
			 practicable during safe-to-monitor times.
§ 261.1034
Test methods and
			 procedures.
(a) Each remanufacturer or
			 other person that stores or treats the hazardous secondary material subject to
			 the provisions of this Subsection shall comply with the test methods and
			 procedures requirements provided in this section.
(b) When a closed-vent system is tested for
			 compliance with no detectable emissions, as required in § 261.1033(k) of
			 this subsection, the test shall comply with the following requirements:
(1) Monitoring shall comply with Reference
			 Method 21 in 40 CFR part 60.
(2)
			 The detection instrument shall meet the performance criteria of Reference
			 Method 21.
(3) The instrument shall
			 be calibrated before use on each day of its use by the procedures specified in
			 Reference Method 21.
(4)
			 Calibration gases shall be:
(i) Zero air
			 (less than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
			 at a concentration of approximately, but less than, 10,000 ppm methane or
			 n-hexane.
(5) The
			 background level shall be determined as set forth in Reference Method
			 21.
(6) The instrument probe shall
			 be traversed around all potential leak interfaces as close to the interface as
			 possible as described in Reference Method 21.
(7) The arithmetic difference between the
			 maximum concentration indicated by the instrument and the background level is
			 compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance
			 with § 261.1032(a) and with the total organic compound concentration limit
			 of § 261.1033(c) shall comply with the following:
(1) Performance tests to determine total
			 organic compound concentrations and mass flow rates entering and exiting
			 control devices shall be conducted and data reduced in accordance with the
			 following reference methods and calculation procedures:
(i) Method 2 in 40 CFR part 60 for velocity
			 and volumetric flow rate.
(ii)
			 Method 18 or Method 25A in 40 CFR part 60 for organic content. If Method 25A is
			 used, the organic HAP used as the calibration gas must be the single organic
			 HAP representing the largest percent by volume of the emissions. The use of
			 Method 25A is acceptable if the response from the high-level calibration gas is
			 at least 20 times the standard deviation of the response from the zero
			 calibration gas when the instrument is zeroed on the most sensitive
			 scale.
(iii) Each performance test
			 shall consist of three separate runs; each run conducted for at least 1 hour
			 under the conditions that exist when the hazardous secondary materials
			 management unit is operating at the highest load or capacity level reasonably
			 expected to occur. For the purpose of determining total organic compound
			 concentrations and mass flow rates, the average of results of all runs shall
			 apply. The average shall be computed on a time-weighted basis.
(iv) Total organic mass flow rates shall be
			 determined by the following equation:
(A) For
			 sources utilizing Method 18:
Click here to view
				image
where:
Eh =Total organic mass flow rate,
				kg/h;
Q2sd =Volumetric flow rate of gases
				entering or exiting control device, as determined by Method 2, dscm/h;
n=Number of organic compounds in the vent gas;
C i =Organic concentration in ppm, dry
				basis, of compound i in the vent gas, as determined by
Method 18;
MWi =Molecular weight of organic
				compound i in the vent gas, kg/kg-mol;
0.0416=Conversion factor for molar volume,
				kg-mol/m3 (@ 293 K and 760 mm Hg);
10 
				-6=Conversion from ppm.
(B) For sources utilizing Method
			 25A.
Click here to view
				image
Where:
Eh = Total organic mass flow rate,
				kg/h;
Q = Volumetric flow rate of gases entering or exiting control
				device, as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by
				Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K
				and 760 mm Hg);
10-6 = Conversion from ppm.
(v) The annual total
			 organic emission rate shall be determined by the following equation:
Click here to view
				image
where:
EA =Total organic mass emission rate,
				kg/y;
E h =Total organic mass flow rate for
				the process vent, kg/h;
H=Total annual hours of operations for the affected unit,
				h.
(vi) Total organic
			 emissions from all affected process vents at the facility shall be determined
			 by summing the hourly total organic mass emission rates (Eh, as determined in
			 paragraph (c)(1)(iv) of this section) and by summing the annual total organic
			 mass emission rates (EA, as determined in paragraph (c)(1)(v) of this section)
			 for all affected process vents at the facility.
(2) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall record such process
			 information as may be necessary to determine the conditions of the performance
			 tests. Operations during periods of startup, shutdown, and malfunction shall
			 not constitute representative conditions for the purpose of a performance
			 test.
(3) The remanufacturer or
			 other person that stores or treats the hazardous secondary material at an
			 affected facility shall provide, or cause to be provided, performance testing
			 facilities as follows:
(i) Sampling ports
			 adequate for the test methods specified in paragraph (c)(1) of this
			 section.
(ii) Safe sampling
			 platform(s).
(iii) Safe access to
			 sampling platform(s).
(iv)
			 Utilities for sampling and testing equipment.
(4) For the purpose of making compliance
			 determinations, the time-weighted average of the results of the three runs
			 shall apply. In the event that a sample is accidentally lost or conditions
			 occur in which one of the three runs must be discontinued because of forced
			 shutdown, failure of an irreplaceable portion of the sample train, extreme
			 meteorological conditions, or other circumstances beyond the remanufacturer's
			 or other person's that stores or treats the hazardous secondary material
			 control, compliance may, upon the Director's approval, be determined using the
			 average of the results of the two other runs.
(d) To show that a process vent associated
			 with a hazardous secondary materials distillation, fractionation, thin-film
			 evaporation, solvent extraction, or air or steam stripping operation is not
			 subject to the requirements of this Subsection, the owner or operator must make
			 an initial determination that the time-weighted, annual average total organic
			 concentration of the waste managed by the waste management unit is less than 10
			 ppmw using one of the following two methods:
(1) Direct measurement of the organic
			 concentration of the waste using the following procedures:
(i) The remanufacturer or other person that
			 stores or treats the hazardous secondary material must take a minimum of four
			 grab samples of waste for each waste stream managed in the affected unit under
			 process conditions expected to cause the maximum waste organic
			 concentration.
(ii) For waste
			 generated onsite, the grab samples must be collected at a point before the
			 waste is exposed to the atmosphere such as in an enclosed pipe or other closed
			 system that is used to transfer the waste after generation to the first
			 affected distillation fractionation, thin-film evaporation, solvent extraction,
			 or air or steam stripping operation. For waste generated offsite, the grab
			 samples must be collected at the inlet to the first waste management unit that
			 receives the waste provided the waste has been transferred to the facility in a
			 closed system such as a tank truck and the waste is not diluted or mixed with
			 other waste.
(iii) Each sample
			 shall be analyzed and the total organic concentration of the sample shall be
			 computed using Method 9060A (incorporated by reference under § 260.11) of
			 ''Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
			 Publication SW-846; or analyzed for its individual organic
			 constituents.
(iv) The arithmetic
			 mean of the results of the analyses of the four samples shall apply for each
			 waste stream managed in the unit in determining the time-weighted, annual
			 average total organic concentration of the waste. The time-weighted average is
			 to be calculated using the annual quantity of each waste stream processed and
			 the mean organic concentration of each waste stream managed in the unit.
(2) Using knowledge of
			 the waste to determine that its total organic concentration is less than 10
			 ppmw. Documentation of the waste determination is required. Examples of
			 documentation that shall be used to support a determination under this
			 provision include production process information documenting that no organic
			 compounds are used, information that the waste is generated by a process that
			 is identical to a process at the same or another facility that has previously
			 been demonstrated by direct measurement to generate a waste stream having a
			 total organic content less than 10 ppmw, or prior speciation analysis results
			 on the same waste stream where it can also be documented that no process
			 changes have occurred since that analysis that could affect the waste total
			 organic concentration.
(e) The determination that distillation
			 fractionation, thin-film evaporation, solvent extraction, or air or steam
			 stripping operations manage hazardous secondary materials with time-weighted
			 annual average total organic concentrations less than 10 ppmw shall be made as
			 follows:
(1) By the effective date that the
			 facility becomes subject to the provisions of this Subsection or by the date
			 when the waste is first managed in a waste management unit, whichever is later;
			 and
(2) For continuously generated
			 waste, annually; or
(3) Whenever
			 there is a change in the waste being managed or a change in the process that
			 generates or treats the waste.
(f) When a remanufacturer or other person
			 that stores or treats the hazardous secondary material and the Director do not
			 agree on whether a distillation, fractionation, thin-film evaporation, solvent
			 extraction, or air or steam stripping operation manages a hazardous secondary
			 materials with organic concentrations of at least 10 ppmw based on knowledge of
			 the waste, the dispute may be resolved using direct measurement as specified at
			 paragraph (d)(1) of this subsection.
§ 261.1035
Recordkeeping
			 requirements
(a)
(1) Each remanufacturer or other person that
			 stores or treats the hazardous secondary material subject to the provisions of
			 this Subsection shall comply with the recordkeeping requirements of this
			 section.
(2) A remanufacturer or
			 other person that stores or treats the hazardous secondary material of more
			 than one hazardous secondary materials management unit subject to the
			 provisions of this Subsection may comply with the recordkeeping requirements
			 for these hazardous secondary materials management units in one recordkeeping
			 system if the system identifies each record by each hazardous secondary
			 materials management unit.
(b) The remanufacturer or other person that stores or treats the
			 hazardous secondary material must record the following information in the
			 facility operating record:
(1) For facilities
			 that comply with the provisions of § 261.1033(a)(2), an implementation
			 schedule that includes dates by which the closed-vent system and control device
			 will be installed and in operation. The schedule must also include a rationale
			 of why the installation cannot be completed at an earlier date. The
			 implementation schedule must be in the facility operating record by the
			 effective date that the facility becomes subject to the provisions of this
			 Subsection.
(2) Up-to-date
			 documentation of compliance with the process vent standards in § 261.1032,
			 including:
(i) Information and data
			 identifying all affected process vents, annual throughput and operating hours
			 of each affected unit, estimated emission rates for each affected vent and for
			 the overall facility (i.e., the total emissions for all affected vents at the
			 facility), and the approximate location within the facility of each affected
			 unit (e.g., identify the hazardous secondary materials management units on a
			 facility plot plan); and
(ii)
			 Information and data supporting determinations of vent emissions and emission
			 reductions achieved by add-on control devices based on engineering calculations
			 or source tests. For the purpose of determining compliance, determinations of
			 vent emissions and emission reductions must be made using operating parameter
			 values (e.g., temperatures, flow rates or vent stream organic compounds and
			 concentrations) that represent the conditions that result in maximum organic
			 emissions, such as when the waste management unit is operating at the highest
			 load or capacity level reasonably expected to occur. If the remanufacturer or
			 other person that stores or treats the hazardous secondary material takes any
			 action (e.g., managing a waste of different composition or increasing operating
			 hours of affected waste management units) that would result in an increase in
			 total organic emissions from affected process vents at the facility, then a new
			 determination is required.
(3) Where a remanufacturer or other person
			 that stores or treats the hazardous secondary material chooses to use test data
			 to determine the organic removal efficiency or total organic compound
			 concentration achieved by the control device, a performance test plan. The test
			 plan must include:
(i) A description of how it
			 is determined that the planned test is going to be conducted when the hazardous
			 secondary materials management unit is operating at the highest load or
			 capacity level reasonably expected to occur. This shall include the estimated
			 or design flow rate and organic content of each vent stream and define the
			 acceptable operating ranges of key process and control device parameters during
			 the test program.
(ii) A detailed
			 engineering description of the closed-vent system and control device including:
(A) Manufacturer's name and model number of
			 control device.
(B) Type of control
			 device.
(C) Dimensions of the
			 control device.
(D)
			 Capacity.
(E) Construction
			 materials.
(iii) A
			 detailed description of sampling and monitoring procedures, including sampling
			 and monitoring locations in the system, the equipment to be used, sampling and
			 monitoring frequency, and planned analytical procedures for sample analysis.
(4) Documentation of
			 compliance with § 261.1033 shall include the following information:
(i) A list of all information references and
			 sources used in preparing the documentation.
(ii) Records, including the dates, of each
			 compliance test required by § 261.1033(j).
(iii) If engineering calculations are used, a
			 design analysis, specifications, drawings, schematics, and piping and
			 instrumentation diagrams based on the appropriate sections of "APTI Course 415:
			 Control of Gaseous Emissions" (incorporated by reference as specified in §
			 260.11) or other engineering texts acceptable to the Director that present
			 basic control device design information. Documentation provided by the control
			 device manufacturer or vendor that describes the control device design in
			 accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this
			 section may be used to comply with this requirement. The design analysis shall
			 address the vent stream characteristics and control device operation parameters
			 as specified below.
(A) For a thermal vapor
			 incinerator, the design analysis shall consider the vent stream composition,
			 constituent concentrations, and flow rate. The design analysis shall also
			 establish the design minimum and average temperature in the combustion zone and
			 the combustion zone residence time.
(B) For a catalytic vapor incinerator, the
			 design analysis shall consider the vent stream composition, constituent
			 concentrations, and flow rate. The design analysis shall also establish the
			 design minimum and average temperatures across the catalyst bed inlet and
			 outlet.
(C) For a boiler or process
			 heater, the design analysis shall consider the vent stream composition,
			 constituent concentrations, and flow rate. The design analysis shall also
			 establish the design minimum and average flame zone temperatures, combustion
			 zone residence time, and description of method and location where the vent
			 stream is introduced into the combustion zone.
(D) For a flare, the design analysis shall
			 consider the vent stream composition, constituent concentrations, and flow
			 rate. The design analysis shall also consider the requirements specified in
			 § 261.1033(d).
(E) For a
			 condenser, the design analysis shall consider the vent stream composition,
			 constituent concentrations, flow rate, relative humidity, and temperature. The
			 design analysis shall also establish the design outlet organic compound
			 concentration level, design average temperature of the condenser exhaust vent
			 stream, and design average temperatures of the coolant fluid at the condenser
			 inlet and outlet.
(F) For a carbon
			 adsorption system such as a fixed-bed adsorber that regenerates the carbon bed
			 directly onsite in the control device, the design analysis shall consider the
			 vent stream composition, constituent concentrations, flow rate, relative
			 humidity, and temperature. The design analysis shall also establish the design
			 exhaust vent stream organic compound concentration level, number and capacity
			 of carbon beds, type and working capacity of activated carbon used for carbon
			 beds, design total steam flow over the period of each complete carbon bed
			 regeneration cycle, duration of the carbon bed steaming and cooling/drying
			 cycles, design carbon bed temperature after regeneration, design carbon bed
			 regeneration time, and design service life of carbon.
(G) For a carbon adsorption system such as a
			 carbon canister that does not regenerate the carbon bed directly onsite in the
			 control device, the design analysis shall consider the vent stream composition,
			 constituent concentrations, flow rate, relative humidity, and temperature. The
			 design analysis shall also establish the design outlet organic concentration
			 level, capacity of carbon bed, type and working capacity of activated carbon
			 used for carbon bed, and design carbon replacement interval based on the total
			 carbon working capacity of the control device and source operating schedule.
(iv) A statement signed
			 and dated by the remanufacturer or other person that stores or treats the
			 hazardous secondary material certifying that the operating parameters used in
			 the design analysis reasonably represent the conditions that exist when the
			 hazardous secondary materials management unit is or would be operating at the
			 highest load or capacity level reasonably expected to occur.
(v) A statement signed and dated by the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material certifying that the control device is designed to operate at an
			 efficiency of 95 percent or greater unless the total organic concentration
			 limit of § 261.1032(a) is achieved at an efficiency less than 95 weight
			 percent or the total organic emission limits of § 261.1032(a) for affected
			 process vents at the facility can be attained by a control device involving
			 vapor recovery at an efficiency less than 95 weight percent. A statement
			 provided by the control device manufacturer or vendor certifying that the
			 control equipment meets the design specifications may be used to comply with
			 this requirement.
(vi) If
			 performance tests are used to demonstrate compliance, all test results.
(c)  Design
			 documentation and monitoring, operating, and inspection information for each
			 closed-vent system and control device required to comply with the provisions of
			 this Section shall be recorded and kept up-to-date in the facility operating
			 record. The information shall include:
(1)
			 Description and date of each modification that is made to the closed-vent
			 system or control device design.
(2) Identification of operating parameter,
			 description of monitoring device, and diagram of monitoring sensor location or
			 locations used to comply with § 261.1033(f)(1) and (f)(2).
(3) Monitoring, operating and inspection
			 information required by paragraphs (f) through (k) of § 261.1033 of this
			 subsection.
(4) Date, time, and
			 duration of each period that occurs while the control device is operating when
			 any monitored parameter exceeds the value established in the control device
			 design analysis as specified below:
(i) For a
			 thermal vapor incinerator designed to operate with a minimum residence time of
			 0.50 seconds at a minimum temperature of 760°C, period when the combustion
			 temperature is below 760°C.
(ii) For a thermal vapor incinerator designed
			 to operate with an organic emission reduction efficiency of 95 percent or
			 greater, period when the combustion zone temperature is more than 28°C
			 below the design average combustion zone temperature established as a
			 requirement of paragraph (b)(4)(iii)(A) of this section.
(iii) For a catalytic vapor incinerator,
			 period when:
(A) Temperature of the vent
			 stream at the catalyst bed inlet is more than 28°C below the average
			 temperature of the inlet vent stream established as a requirement of paragraph
			 (b)(4)(iii)(B) of this section; or
(B) Temperature difference across the
			 catalyst bed is less than 80 percent of the design average temperature
			 difference established as a requirement of paragraph (b)(4)(iii)(B) of this
			 section.
(iv) For a
			 boiler or process heater, period when:
(A)
			 Flame zone temperature is more than 28°C below the design average flame
			 zone temperature established as a requirement of paragraph (b)(4)(iii)(C) of
			 this section; or
(B) Position
			 changes where the vent stream is introduced to the combustion zone from the
			 location established as a requirement of paragraph (b)(4)(iii)(C) of this
			 section.
(v) For a
			 flare, period when the pilot flame is not ignited.
(vi) For a condenser that complies with
			 § 261.1033(f)(2)(vi)(A), period when the organic compound concentration
			 level or readings of organic compounds in the exhaust vent stream from the
			 condenser are more than 20 percent greater than the design outlet organic
			 compound concentration level established as a requirement of paragraph
			 (b)(4)(iii)(E) of this section.
(vii) For a condenser that complies with
			 § 261.1033(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream
			 from the condenser is more than 6 °C above the design average exhaust vent
			 stream temperature established as a requirement of paragraph (b)(4)(iii)(E) of
			 this section; or
(B) Temperature of
			 the coolant fluid exiting the condenser is more than 6 °C above the design
			 average coolant fluid temperature at the condenser outlet established as a
			 requirement of paragraph (b)(4)(iii)(E) of this section.
(viii) For a carbon adsorption system such as
			 a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in
			 the control device and complies with § 261.1033(f)(2) (vii)(A), period
			 when the organic compound concentration level or readings of organic compounds
			 in the exhaust vent stream from the carbon bed are more than 20 percent greater
			 than the design exhaust vent stream organic compound concentration level
			 established as a requirement of paragraph (b)(4)(iii)(F) of this
			 section.
(ix) For a carbon
			 adsorption system such as a fixed-bed carbon adsorber that regenerates the
			 carbon bed directly onsite in the control device and complies with §
			 261.1033 (f)(2)(vii)(B), period when the vent stream continues to flow through
			 the control device beyond the predetermined carbon bed regeneration time
			 established as a requirement of paragraph (b)(4)(iii)(F) of this
			 section.
(5)  Explanation
			 for each period recorded under paragraph (c)(4) of this section of the cause
			 for control device operating parameter exceeding the design value and the
			 measures implemented to correct the control device operation.
(6) For carbon adsorption systems operated
			 subject to requirements specified in § 261.1033(g) or §
			 261.1033(h)(2), date when existing carbon in the control device is replaced
			 with fresh carbon.
(7) For carbon
			 adsorption systems operated subject to requirements specified in §
			 261.1033(h)(1), a log that records:
(i) Date
			 and time when control device is monitored for carbon breakthrough and the
			 monitoring device reading.
(ii)
			 Date when existing carbon in the control device is replaced with fresh
			 carbon.
(8) Date of each
			 control device startup and shutdown.
(9) A remanufacturer or other person that
			 stores or treats the hazardous secondary material designating any components of
			 a closed-vent system as unsafe to monitor pursuant to § 261.1033(n) of
			 this subsection shall record in a log that is kept in the facility operating
			 record the identification of closed-vent system components that are designated
			 as unsafe to monitor in accordance with the requirements of § 261.1033(n)
			 of this subsection, an explanation for each closed-vent system component
			 stating why the closed-vent system component is unsafe to monitor, and the plan
			 for monitoring each closed-vent system component.
(10) When each leak is detected as specified
			 in § 261.1033(k) of this subsection, the following information shall be
			 recorded:
(i) The instrument identification
			 number, the closed-vent system component identification number, and the
			 operator name, initials, or identification number.
(ii) The date the leak was detected and the
			 date of first attempt to repair the leak.
(iii) The date of successful repair of the
			 leak.
(iv) Maximum instrument
			 reading measured by Method 21 of 40 CFR part 60, appendix A after it is
			 successfully repaired or determined to be nonrepairable.
(v) "Repair delayed" and the reason for the
			 delay if a leak is not repaired within 15 calendar days after discovery of the
			 leak.
(A) The remanufacturer or other person
			 that stores or treats the hazardous secondary material may develop a written
			 procedure that identifies the conditions that justify a delay of repair. In
			 such cases, reasons for delay of repair may be documented by citing the
			 relevant sections of the written procedure.
(B) If delay of repair was caused by
			 depletion of stocked parts, there must be documentation that the spare parts
			 were sufficiently stocked on-site before depletion and the reason for
			 depletion.
(d) Records of the monitoring, operating, and
			 inspection information required by paragraphs (c)(3) through (c)(10) of this
			 section shall be maintained by the remanufacturer or other person that stores
			 or treats the hazardous secondary material for at least 3 years following the
			 date of each occurrence, measurement, maintenance, corrective action, or
			 record.
(e) For a control device
			 other than a thermal vapor incinerator, catalytic vapor incinerator, flare,
			 boiler, process heater, condenser, or carbon adsorption system, monitoring and
			 inspection information indicating proper operation and maintenance of the
			 control device must be recorded in the facility operating record.
(f) Up-to-date information and data used to
			 determine whether or not a process vent is subject to the requirements in
			 § 261.1032 including supporting documentation as required by §
			 261.1034(d)(2) when application of the knowledge of the nature of the hazardous
			 secondary materials stream or the process by which it was produced is used,
			 shall be recorded in a log that is kept in the facility operating record.
§§ 261.1036
- 261.1049 [Reserved]
Subsection BB
-- Air Emission Standards
			 for Equipment Leaks
§ 261.1050
Applicability
(a) The rules in
			 this subsection apply to equipment that contains hazardous secondary materials
			 excluded under the remanufacturing exclusion at §261.4(a)(27), unless the
			 equipment operations are subject to the requirements of an applicable Clean Air
			 Act regulation codified under 40 CFR part 60, part 61, or part 63.
§ 261.1051
Definitions
As used in this Subsection, all terms shall have the meaning
				given them in § 261.1031, the Act, and Sections 260-266.
§ 261.1052
Standards: Pumps in
			 light liquid service
(a)
(1) Each pump in light liquid service shall
			 be monitored monthly to detect leaks by the methods specified in §
			 261.1063(b), except as provided in paragraphs (d), (e), and (f) of this
			 section.
(2) Each pump in light
			 liquid service shall be checked by visual inspection each calendar week for
			 indications of liquids dripping from the pump seal. (b)(1) If an instrument
			 reading of 10,000 ppm or greater is measured, a leak is detected.
(2) If there are indications of liquids
			 dripping from the pump seal, a leak is detected.
(c)
(1)
			 When a leak is detected, it shall be repaired as soon as practicable, but not
			 later than 15 calendar days after it is detected, except as provided in §
			 261.1059.
(2) A first attempt at
			 repair (e.g., tightening the packing gland) shall be made no later than 5
			 calendar days after each leak is detected.
(d) Each pump equipped with a dual mechanical
			 seal system that includes a barrier fluid system is exempt from the
			 requirements of paragraph (a), provided the following requirements are met:
(1) Each dual mechanical seal system must be:
(i) Operated with the barrier fluid at a
			 pressure that is at all times greater than the pump stuffing box pressure,
			 or
(ii) Equipped with a barrier
			 fluid degassing reservoir that is connected by a closed-vent system to a
			 control device that complies with the requirements of § 261.1060,
			 or
(iii) Equipped with a system
			 that purges the barrier fluid into a hazardous secondary materials stream with
			 no detectable emissions to the atmosphere.
(2) The barrier fluid system must not be a
			 hazardous secondary materials with organic concentrations 10 percent or greater
			 by weight.
(3) Each barrier fluid
			 system must be equipped with a sensor that will detect failure of the seal
			 system, the barrier fluid system or both.
(4) Each pump must be checked by visual
			 inspection, each calendar week, for indications of liquids dripping from the
			 pump seals.
(5)
(i) Each sensor as described in paragraph
			 (d)(3) of this section must be checked daily or be equipped with an audible
			 alarm that must be checked monthly to ensure that it is functioning
			 properly.
(ii) The remanufacturer
			 or other person that stores or treats the hazardous secondary material must
			 determine, based on design considerations and operating experience, a criterion
			 that indicates failure of the seal system, the barrier fluid system, or both.
			 (6)(i) If there are indications of liquids dripping from the pump seal or the
			 sensor indicates failure of the seal system, the barrier fluid system, or both
			 based on the criterion determined in paragraph (d)(5)(ii) of this section, a
			 leak is detected.
(ii) When a leak
			 is detected, it shall be repaired as soon as practicable, but not later than 15
			 calendar days after it is detected, except as provided in §
			 261.1059.
(iii) A first attempt at
			 repair (e.g., relapping the seal) shall be made no later than 5 calendar days
			 after each leak is detected.
(e) Any pump that is designated, as described
			 in § 261.1064(g)(2), for no detectable emissions, as indicated by an
			 instrument reading of less than 500 ppm above background, is exempt from the
			 requirements of paragraphs (a), (c), and (d) of this section if the pump meets
			 the following requirements:
(1) Must have no
			 externally actuated shaft penetrating the pump housing.
(2) Must operate with no detectable emissions
			 as indicated by an instrument reading of less than 500 ppm above background as
			 measured by the methods specified in § 261.1063(c).
(3) Must be tested for compliance with
			 paragraph (e)(2) of this section initially upon designation, annually, and at
			 other times as requested by the Director.
(f) If any pump is equipped with a
			 closed-vent system capable of capturing and transporting any leakage from the
			 seal or seals to a control device that complies with the requirements of §
			 261.1060, it is exempt from the requirements of paragraphs (a) through (e) of
			 this section.
§
			 261.1053
Standards: Compressors
(a) Each compressor shall be equipped with a
			 seal system that includes a barrier fluid system and that prevents leakage of
			 total organic emissions to the atmosphere, except as provided in paragraphs (h)
			 and (i) of this section.
(b) Each
			 compressor seal system as required in paragraph (a) of this section shall be:
(1) Operated with the barrier fluid at a
			 pressure that is at all times greater than the compressor stuffing box
			 pressure, or
(2) Equipped with a
			 barrier fluid system that is connected by a closed-vent system to a control
			 device that complies with the requirements of § 261.1060, or
(3) Equipped with a system that purges the
			 barrier fluid into a hazardous secondary materials stream with no detectable
			 emissions to atmosphere.
(c) The barrier fluid must not be a hazardous
			 secondary materials with organic concentrations 10 percent or greater by
			 weight.
(d) Each barrier fluid
			 system as described in paragraphs (a) through (c) of this section shall be
			 equipped with a sensor that will detect failure of the seal system, barrier
			 fluid system, or both.
(e)
(1) Each sensor as required in paragraph (d)
			 of this section shall be checked daily or shall be equipped with an audible
			 alarm that must be checked monthly to ensure that it is functioning properly
			 unless the compressor is located within the boundary of an unmanned plant site,
			 in which case the sensor must be checked daily.
(2) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall determine, based on
			 design considerations and operating experience, a criterion that indicates
			 failure of the seal system, the barrier fluid system or both.
(f) If the sensor indicates
			 failure of the seal system, the barrier fluid system, or both based on the
			 criterion determined under paragraph (e)(2) of this section, a leak is
			 detected.
(g)
(1) When a leak is detected, it shall be
			 repaired as soon as practicable, but not later than 15 calendar days after it
			 is detected, except as provided in § 261.1059.
(2) A first attempt at repair (e.g.,
			 tightening the packing gland) shall be made no later than 5 calendar days after
			 each leak is detected.
(h) A compressor is exempt from the
			 requirements of paragraphs (a) and (b) of this section if it is equipped with a
			 closed-vent system capable of capturing and transporting any leakage from the
			 seal to a control device that complies with the requirements of §
			 261.1060, except as provided in paragraph (i) of this section.
(i) Any compressor that is designated, as
			 described in § 261.1064(g)(2), for no detectable emission as indicated by
			 an instrument reading of less than 500 ppm above background is exempt from the
			 requirements of paragraphs (a) through (h) of this section if the compressor:
(1) Is determined to be operating with no
			 detectable emissions, as indicated by an instrument reading of less than 500
			 ppm above background, as measured by the method specified in §
			 261.1063(c).
(2) Is tested for
			 compliance with paragraph (i)(1) of this section initially upon designation,
			 annually, and at other times as requested by the Director.
§ 261.1054
Standards:
			 Pressure relief devices in gas/vapor service
(a) Except during pressure releases, each
			 pressure relief device in gas/vapor service shall be operated with no
			 detectable emissions, as indicated by an instrument reading of less than 500
			 ppm above background, as measured by the method specified in §
			 261.1063(c).
(b)
(1) After each pressure release, the pressure
			 relief device shall be returned to a condition of no detectable emissions, as
			 indicated by an instrument reading of less than 500 ppm above background, as
			 soon as practicable, but no later than 5 calendar days after each pressure
			 release, except as provided in § 261.1059.
(2) No later than 5 calendar days after the
			 pressure release, the pressure relief device shall be monitored to confirm the
			 condition of no detectable emissions, as indicated by an instrument reading of
			 less than 500 ppm above background, as measured by the method specified in
			 § 261.1063(c). (c) Any pressure relief device that is equipped with a
			 closed-vent system capable of capturing and transporting leakage from the
			 pressure relief device to a control device as described in § 261.1060 is
			 exempt from the requirements of paragraphs (a) and (b) of this
			 section.
§
			 261.1055
Standards: Sampling connecting systems
(a) Each sampling connection system shall be
			 equipped with a closed-purge, closed-loop, or closed-vent system. This system
			 shall collect the sample purge for return to the process or for routing to the
			 appropriate treatment system. Gases displaced during filling of the sample
			 container are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or
			 closed-vent system as required in paragraph (a) of this section shall:
(1) Return the purged process fluid directly
			 to the process line; or
(2) Collect
			 and recycle the purged process fluid; or
(3) Be designed and operated to capture and
			 transport all the purged process fluid to a waste management unit that complies
			 with the applicable requirements of § 261.1085 through § 261.1087 of
			 this subsection or a control device that complies with the requirements of
			 § 261.1060 of this subsection.
(c) In-situ sampling systems and sampling
			 systems without purges are exempt from the requirements of paragraphs (a) and
			 (b) of this section.
§
			 261.1056
Standards: Open-ended valves or lines
(a)
(1)
			 Each open-ended valve or line shall be equipped with a cap, blind flange, plug,
			 or a second valve.
(2) The cap,
			 blind flange, plug, or second valve shall seal the open end at all times except
			 during operations requiring hazardous secondary materials stream flow through
			 the open-ended valve or line.
(b) Each open-ended valve or line equipped
			 with a second valve shall be operated in a manner such that the valve on the
			 hazardous secondary materials stream end is closed before the second valve is
			 closed.
(c) When a double block and
			 bleed system is being used, the bleed valve or line may remain open during
			 operations that require venting the line between the block valves but shall
			 comply with paragraph (a) of this section at all other times.
§ 261.1057
Standards:
			 Valves in gas/vapor service or in light liquid service
(a) Each valve in gas/vapor or light liquid
			 service shall be monitored monthly to detect leaks by the methods specified in
			 § 261.1063(b) and shall comply with paragraphs (b) through (e) of this
			 section, except as provided in paragraphs (f), (g), and (h) of this section'
			 and §§ 261.1061 and 261.1062.
(b) If an instrument reading of 10,000 ppm or
			 greater is measured, a leak is detected.
(c)
(1) Any
			 valve for which a leak is not detected for two successive months may be
			 monitored the first month of every succeeding quarter, beginning with the next
			 quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be
			 monitored monthly until a leak is not detected for 2 successive months.
(d)
(1) When a leak is detected, it shall be
			 repaired as soon as practicable, but no later than 15 calendar days after the
			 leak is detected, except as provided in § 261.1059.
(2) A first attempt at repair shall be made
			 no later than 5 calendar days after each leak is detected.
(e) First attempts at repair include, but are
			 not limited to, the following best practices where practicable:
(1) Tightening of bonnet bolts.
(2) Replacement of bonnet bolts.
(3) Tightening of packing gland nuts.
(4) Injection of lubricant into
			 lubricated packing.
(f)
			 Any valve that is designated, as described in § 261.1064(g)(2), for no
			 detectable emissions, as indicated by an instrument reading of less than 500
			 ppm above background, is exempt from the requirements of paragraph (a) of this
			 section if the valve:
(1) Has no external
			 actuating mechanism in contact with the hazardous secondary materials
			 stream.
(2) Is operated with
			 emissions less than 500 ppm above background as determined by the method
			 specified in § 261.1063(c).
(3) Is tested for compliance with paragraph
			 (f)(2) of this section initially upon designation, annually, and at other times
			 as requested by the Director.
(g) Any valve that is designated, as
			 described in § 261.1064(h)(1), as an unsafe-to-monitor valve is exempt
			 from the requirements of paragraph (a) of this section if:
(1) The remanufacturer or other person that
			 stores or treats the hazardous secondary material of the valve determines that
			 the valve is unsafe to monitor because monitoring personnel would be exposed to
			 an immediate danger as a consequence of complying with paragraph (a) of this
			 section.
(2) The remanufacturer or
			 other person that stores or treats the hazardous secondary material of the
			 valve adheres to a written plan that requires monitoring of the valve as
			 frequently as practicable during safe-to-monitor times.
(h) Any valve that is designated, as
			 described in § 261.1064(h)(2), as a difficult-to-monitor valve is exempt
			 from the requirements of paragraph (a) of this section if:
(1) The remanufacturer or other person that
			 stores or treats the hazardous secondary material of the valve determines that
			 the valve cannot be monitored without elevating the monitoring personnel more
			 than 2 meters above a support surface.
(2) The hazardous secondary materials
			 management unit within which the valve is located was in operation before June
			 21, 1990.
(3) The owner or operator
			 of the valve follows a written plan that requires monitoring of the valve at
			 least once per calendar year.
§ 261.1058
Standards: Pumps and
			 valves in heavy liquid service, pressure relief devices in light liquid
			 service, and flanges and other connectors
(a) Pumps and valves in heavy liquid service,
			 pressure relief devices in light liquid or heavy liquid service, and flanges
			 and other connectors shall be monitored within 5 days by the method specified
			 in § 261.1063(b) if evidence of a potential leak is found by visual,
			 audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or
			 greater is measured, a leak is detected.
(c)
(1)
			 When a leak is detected, it shall be repaired as soon as practicable, but not
			 later than 15 calendar days after it is detected, except as provided in §
			 261.1059.
(2) The first attempt at
			 repair shall be made no later than 5 calendar days after each leak is
			 detected.
(d) First
			 attempts at repair include, but are not limited to, the best practices
			 described under § 261.1057(e).
(e) Any connector that is inaccessible or is
			 ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt
			 from the monitoring requirements of paragraph (a) of this section and from the
			 recordkeeping requirements of § 261.1064 of this subsection.
§ 261.1059
Standards:
			 Delay of repair
(a) Delay of repair of
			 equipment for which leaks have been detected will be allowed if the repair is
			 technically infeasible without a hazardous secondary materials management unit
			 shutdown. In such a case, repair of this equipment shall occur before the end
			 of the next hazardous secondary materials management unit shutdown.
(b) Delay of repair of equipment for which
			 leaks have been detected will be allowed for equipment that is isolated from
			 the hazardous secondary materials management unit and that does not continue to
			 contain or contact hazardous secondary materials with organic concentrations at
			 least 10 percent by weight.
(c)
			 Delay of repair for valves will be allowed if:
(1) The remanufacturer or other person that
			 stores or treats the hazardous secondary material determines that emissions of
			 purged material resulting from immediate repair are greater than the emissions
			 likely to result from delay of repair.
(2) When repair procedures are effected, the
			 purged material is collected and destroyed or recovered in a control device
			 complying with § 261.1060.
(d) Delay of repair for pumps will be allowed
			 if:
(1) Repair requires the use of a dual
			 mechanical seal system that includes a barrier fluid system.
(2) Repair is completed as soon as
			 practicable, but not later than 6 months after the leak was detected.
(e) Delay of repair beyond a
			 hazardous secondary materials management unit shutdown will be allowed for a
			 valve if valve assembly replacement is necessary during the hazardous secondary
			 materials management unit shutdown, valve assembly supplies have been depleted,
			 and valve assembly supplies had been sufficiently stocked before the supplies
			 were depleted. Delay of repair beyond the next hazardous secondary materials
			 management unit shutdown will not be allowed unless the next hazardous
			 secondary materials management unit shutdown occurs sooner than 6 months after
			 the first hazardous secondary materials management unit shutdown.
§ 261.1060
Standards:
			 Closed-vent systems and control devices
(a) Owners and operators of closed-vent
			 systems and control devices subject to this subsection shall comply with the
			 provisions of § 261.1033 of this section.
(b)
(1) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material at an existing facility who cannot install a closed-vent system and
			 control device to comply with the provisions of this subsection on the
			 effective date that the facility becomes subject to the provisions of this
			 subsection must prepare an implementation schedule that includes dates by which
			 the closed-vent system and control device will be installed and in operation.
			 The controls must be installed as soon as possible, but the implementation
			 schedule may allow up to 30 months after the effective date that the facility
			 becomes subject to this subsection for installation and startup.
(2) Any units that begin operation after
			 December 21, 1990, and are subject to the provisions of this subsection when
			 operation begins, must comply with the rules immediately (i.e., must have
			 control devices installed and operating on startup of the affected unit); the
			 30-month implementation schedule does not apply.
(3) The remanufacturer or other person that
			 stores or treats the hazardous secondary material at any facility in existence
			 on the effective date of a statutory or EPA regulatory amendment that renders
			 the facility subject to this subsection shall comply with all requirements of
			 this subsection as soon as practicable but no later than 30 months after the
			 amendment's effective date. When control equipment required by this subsection
			 can not be installed and begin operation by the effective date of the
			 amendment, the facility owner or operator shall prepare an implementation
			 schedule that includes the following information: Specific calendar dates for
			 award of contracts or issuance of purchase orders for the control equipment,
			 initiation of on-site installation of the control equipment, completion of the
			 control equipment installation, and performance of any testing to demonstrate
			 that the installed equipment meets the applicable standards of this subsection.
			 The remanufacturer or other person that stores or treats the hazardous
			 secondary material shall enter the implementation schedule in the operating
			 record or in a permanent, readily available file located at the
			 facility.
(4) Owners and operators
			 of facilities and units that become newly subject to the requirements of this
			 subsection after December 8, 1997 due to an action other than those described
			 in paragraph (b)(3) of this section must comply with all applicable
			 requirements immediately (i.e., must have control devices installed and
			 operating on the date the facility or unit becomes subject to this subsection;
			 the 30-month implementation schedule does not apply).
§ 261.1061
Alternative
			 standards for valves in gas/vapor service or in light liquid service;
			 percentage of valves allowed to leak
(a) A remanufacturer or other person that
			 stores or treats the hazardous secondary material subject to the requirements
			 of § 261.1057 of this rule may elect to have all valves within a hazardous
			 secondary materials management unit comply with an alternative standard which
			 allows no greater than 2 percent of the valves to leak.
(b) The following requirements shall be met
			 if a remanufacturer or other person that stores or treats the hazardous
			 secondary material decides to comply with the alternative standard of allowing
			 2 percent of valves to leak:
(1) A performance
			 test as specified in paragraph (c) of this section shall be conducted initially
			 upon designation, annually, and at other times requested by the
			 Director.
(2) If a valve leak is
			 detected, it shall be repaired in accordance with § 261.1057(d) and
			 (e).
(c) Performance
			 tests shall be conducted in the following manner:
(1) All valves subject to the requirements in
			 § 261.1057 within the hazardous secondary materials management unit shall
			 be monitored within 1 week by the methods specified in §
			 261.1063(b).
(2) If an instrument
			 reading of 10,000 ppm or greater is measured, a leak is detected.
(3) The leak percentage shall be determined
			 by dividing the number of valves subject to the requirements in § 261.1057
			 for which leaks are detected by the total number of valves subject to the
			 requirements in § 261.1057 within the hazardous secondary materials
			 management unit.
§
			 261.1062
Alternative standards for valves in gas/vapor or in
			 light liquid service; skip period leak detection and repair
(a) A remanufacturer or other person that
			 stores or treats the hazardous secondary material subject to the requirements
			 of § 261.1057 may elect for all valves within a hazardous secondary
			 materials management unit to comply with one of the alternative work practices
			 specified in paragraphs (b) (2) and (3) of this section.
(b)
(1) A
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall comply with the requirements for valves, as described in §
			 261.1057, except as described in paragraphs (b)(2) and (b)(3) of this
			 section.
(2) After two consecutive
			 quarterly leak detection periods with the percentage of valves leaking equal to
			 or less than 2 percent, a remanufacturer or other person that stores or treats
			 the hazardous secondary material may begin to skip one of the quarterly leak
			 detection periods (i.e., monitor for leaks once every six months) for the
			 valves subject to the requirements in § 261.1057 of this
			 subsection.
(3) After five
			 consecutive quarterly leak detection periods with the percentage of valves
			 leaking equal to or less than 2 percent, a remanufacturer or other person that
			 stores or treats the hazardous secondary material may begin to skip three of
			 the quarterly leak detection periods (i.e., monitor for leaks once every year)
			 for the valves subject to the requirements in § 261.1057 of this
			 subsection.
(4) If the percentage
			 of valves leaking is greater than 2 percent, the remanufacturer or other person
			 that stores or treats the hazardous secondary material shall monitor monthly in
			 compliance with the requirements in § 261.1057, but may again elect to use
			 this section after meeting the requirements of § 261.1057(c)(1).
§ 261.1063
Test methods and procedures
(a) Each
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material subject to the provisions of this Subsection shall comply with the
			 test methods and procedures requirements provided in this section.
(b) Leak detection monitoring, as required in
			 §§ 261.1052-261.1062, shall comply with the following requirements:
(1) Monitoring shall comply with Reference
			 Method 21 in 40 CFR part 60.
(2)
			 The detection instrument shall meet the performance criteria of Reference
			 Method 21.
(3) The instrument shall
			 be calibrated before use on each day of its use by the procedures specified in
			 Reference Method 21.
(4)
			 Calibration gases shall be:
(i) Zero air (less
			 than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
			 at a concentration of approximately, but less than, 10,000 ppm methane or
			 n-hexane.
(5) The
			 instrument probe shall be traversed around all potential leak interfaces as
			 close to the interface as possible as described in Reference Method
			 21.
(c) When equipment
			 is tested for compliance with no detectable emissions, as required in
			 §§ 261.1052(e), 261.1053(i), 261.1054, and 261.1057(f), the test
			 shall comply with the following requirements:
(1) The requirements of paragraphs (b) (1)
			 through (4) of this section shall apply.
(2) The background level shall be determined,
			 as set forth in Reference Method 21.
(3) The instrument probe shall be traversed
			 around all potential leak interfaces as close to the interface as possible as
			 described in Reference Method 21.
(4) The arithmetic difference between the
			 maximum concentration indicated by the instrument and the background level is
			 compared with 500 ppm for determining compliance.
(d) In accordance with the waste analysis
			 plan required by § 261.13(b), a remanufacturer or other person that stores
			 or treats the hazardous secondary material of a facility must determine, for
			 each piece of equipment, whether the equipment contains or contacts a hazardous
			 secondary materials with organic concentration that equals or exceeds 10
			 percent by weight using the following:
(1)
			 Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85
			 (incorporated by reference under § 260.11 of this rule);
(2) Method 9060A (incorporated by reference
			 under § 260.11 of this Rule) of ''Test Methods for Evaluating Solid
			 Waste,'' EPA Publication SW-846 or analyzed for its individual organic
			 constituents; or
(3) Application of
			 the knowledge of the nature of the hazardous secondary materials stream or the
			 process by which it was produced. Documentation of a waste determination by
			 knowledge is required. Examples of documentation that shall be used to support
			 a determination under this provision include production process information
			 documenting that no organic compounds are used, information that the waste is
			 generated by a process that is identical to a process at the same or another
			 facility that has previously been demonstrated by direct measurement to have a
			 total organic content less than 10 percent, or prior speciation analysis
			 results on the same waste stream where it can also be documented that no
			 process changes have occurred since that analysis that could affect the waste
			 total organic concentration.
(e) If a remanufacturer or other person that
			 stores or treats the hazardous secondary material determines that a piece of
			 equipment contains or contacts a hazardous secondary materials with organic
			 concentrations at least 10 percent by weight, the determination can be revised
			 only after following the procedures in paragraph (d)(1) or (d)(2) of this
			 section.
(f) When a remanufacturer
			 or other person that stores or treats the hazardous secondary material and the
			 Director do not agree on whether a piece of equipment contains or contacts a
			 hazardous secondary materials with organic concentrations at least 10 percent
			 by weight, the procedures in paragraph (d)(1) or (d)(2) of this section can be
			 used to resolve the dispute.
(g)
			 Samples used in determining the percent organic content shall be representative
			 of the highest total organic content hazardous secondary materials that is
			 expected to be contained in or contact the equipment.
(h) To determine if pumps or valves are in
			 light liquid service, the vapor pressures of constituents may be obtained from
			 standard reference texts or may be determined by ASTM D-2879-86 (incorporated
			 by reference under § 260.11).
(i) Performance tests to determine if a
			 control device achieves 95 weight percent organic emission reduction shall
			 comply with the procedures of § 261.1034 (c)(1) through (c)(4).
§ 261.1064
Recordkeeping requirements
(a)
(1) Each remanufacturer or other person that
			 stores or treats the hazardous secondary material subject to the provisions of
			 this Subsection shall comply with the recordkeeping requirements of this
			 section.
(2) A remanufacturer or
			 other person that stores or treats the hazardous secondary material in more
			 than one hazardous secondary materials management unit subject to the
			 provisions of this Subsection may comply with the recordkeeping requirements
			 for these hazardous secondary materials management units in one recordkeeping
			 system if the system identifies each record by each hazardous secondary
			 materials management unit.
(b) Owners and operators must record the
			 following information in the facility operating record:
(1) For each piece of equipment to which
			 Subsection BB of Section 261 applies:
(i)
			 Equipment identification number and hazardous secondary materials management
			 unit identification.
(ii)
			 Approximate locations within the facility (e.g., identify the hazardous
			 secondary materials management unit on a facility plot plan).
(iii) Type of equipment (e.g., a pump or
			 pipeline valve).
(iv)
			 Percent-by-weight total organics in the hazardous secondary materials stream at
			 the equipment.
(v) Hazardous
			 secondary materials state at the equipment (e.g., gas/vapor or
			 liquid).
(vi) Method of compliance
			 with the standard (e.g., "monthly leak detection and repair" or "equipped with
			 dual mechanical seals").
(2) For facilities that comply with the
			 provisions of § 261.1033(a)(2), an implementation schedule as specified in
			 § 261.1033(a)(2).
(3) Where a
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material chooses to use test data to demonstrate the organic removal efficiency
			 or total organic compound concentration achieved by the control device, a
			 performance test plan as specified in § 261.1035(b)(3).
(4) Documentation of compliance with §
			 261.1060, including the detailed design documentation or performance test
			 results specified in § 261.1035(b)(4).
(c) When each leak is detected as specified
			 in §§ 261.1052, 261.1053, 261.1057, and 261.1058, the following
			 requirements apply:
(1) A weatherproof and
			 readily visible identification, marked with the equipment identification
			 number, the date evidence of a potential leak was found in accordance with
			 § 261.1058(a), and the date the leak was detected, shall be attached to
			 the leaking equipment.
(2) The
			 identification on equipment, except on a valve, may be removed after it has
			 been repaired.
(3) The
			 identification on a valve may be removed after it has been monitored for 2
			 successive months as specified in § 261.1057(c) and no leak has been
			 detected during those 2 months.
(d) When each leak is detected as specified
			 in §§ 261.1052, 261.1053, 261.1057, and 261.1058, the following
			 information shall be recorded in an inspection log and shall be kept in the
			 facility operating record:
(1) The instrument
			 and operator identification numbers and the equipment identification
			 number.
(2) The date evidence of a
			 potential leak was found in accordance with § 261.1058(a).
(3) The date the leak was detected and the
			 dates of each attempt to repair the leak.
(4) Repair methods applied in each attempt to
			 repair the leak.
(5) "Above 10,000"
			 if the maximum instrument reading measured by the methods specified in §
			 261.1063(b) after each repair attempt is equal to or greater than 10,000
			 ppm.
(6) "Repair delayed" and the
			 reason for the delay if a leak is not repaired within 15 calendar days after
			 discovery of the leak.
(7)
			 Documentation supporting the delay of repair of a valve in compliance with
			 § 261.1059(c).
(8) The
			 signature of the remanufacturer or other person that stores or treats the
			 hazardous secondary material (or designate) whose decision it was that repair
			 could not be effected without a hazardous secondary materials management unit
			 shutdown.
(9) The expected date of
			 successful repair of the leak if a leak is not repaired within 15 calendar
			 days.
(10) The date of successful
			 repair of the leak.
(e)
			 Design documentation and monitoring, operating, and inspection information for
			 each closed-vent system and control device required to comply with the
			 provisions of § 261.1060 shall be recorded and kept up-to-date in the
			 facility operating record as specified in § 261.1035(c). Design
			 documentation is specified in § 261.1035 (c)(1) and (c)(2) and monitoring,
			 operating, and inspection information in § 261.1035
			 (c)(3)-(c)(8).
(f) For a control
			 device other than a thermal vapor incinerator, catalytic vapor incinerator,
			 flare, boiler, process heater, condenser, or carbon adsorption system,
			 monitoring and inspection information indicating proper operation and
			 maintenance of the control device must be recorded in the facility operating
			 record.
(g) The following
			 information pertaining to all equipment subject to the requirements in
			 §§ 261.1052 through 261.1060 shall be recorded in a log that is kept
			 in the facility operating record:
(1) A list
			 of identification numbers for equipment (except welded fittings) subject to the
			 requirements of this Subsection.
(2)
(i) A
			 list of identification numbers for equipment that the remanufacturer or other
			 person that stores or treats the hazardous secondary material elects to
			 designate for no detectable emissions, as indicated by an instrument reading of
			 less than 500 ppm above background, under the provisions of §§
			 261.1052(e), 261.1053(i), and 261.1057(f).
(ii) The designation of this equipment as
			 subject to the requirements of §§ 261.1052(e), 261.1053(i), or
			 261.1057(f) shall be signed by the remanufacturer or other person that stores
			 or treats the hazardous secondary material.
(3) A list of equipment identification
			 numbers for pressure relief devices required to comply with §
			 261.1054(a).
(4)
(i) The dates of each compliance test
			 required in §§ 261.1052(e), 261.1053(i), 261.1054, and
			 261.1057(f).
(ii) The background
			 level measured during each compliance test.
(iii) The maximum instrument reading measured
			 at the equipment during each compliance test.
(5) A list of identification numbers for
			 equipment in vacuum service.
(6)
			 Identification, either by list or location (area or group) of equipment that
			 contains or contacts hazardous secondary materials with an organic
			 concentration of at least 10 percent by weight for a period of less than 300
			 hours per calendar year.
(h) The following information pertaining to
			 all valves subject to the requirements of § 261.1057 (g) and (h) shall be
			 recorded in a log that is kept in the facility operating record:
(1) A list of identification numbers for
			 valves that are designated as unsafe to monitor, an explanation for each valve
			 stating why the valve is unsafe to monitor, and the plan for monitoring each
			 valve.
(2) A list of identification
			 numbers for valves that are designated as difficult to monitor, an explanation
			 for each valve stating why the valve is difficult to monitor, and the planned
			 schedule for monitoring each valve.
(i) The following information shall be
			 recorded in the facility operating record for valves complying with §
			 261.1062:
(1) A schedule of
			 monitoring.
(2) The percent of
			 valves found leaking during each monitoring period.
(j) The following information shall be
			 recorded in a log that is kept in the facility operating record:
(1) Criteria required in §§
			 261.1052(d)(5)(ii) and 261.1053(e)(2) and an explanation of the
			 criteria.
(2) Any changes to these
			 criteria and the reasons for the changes.
(k) The following information shall be
			 recorded in a log that is kept in the facility operating record for use in
			 determining exemptions as provided in the applicability section of this
			 Subsection and other specific Subsections:
(1)
			 An analysis determining the design capacity of the hazardous secondary
			 materials management unit.
(2) A
			 statement listing the hazardous secondary materials influent to and effluent
			 from each hazardous secondary materials management unit subject to the
			 requirements in §§ 261.1052 through 261.1060 and an analysis
			 determining whether these hazardous secondary materials are heavy
			 liquids.
(3) An up-to-date analysis
			 and the supporting information and data used to determine whether or not
			 equipment is subject to the requirements in §§ 261.1052 through
			 261.1060. The record shall include supporting documentation as required by
			 § 261.1063(d)(3) when application of the knowledge of the nature of the
			 hazardous secondary materials stream or the process by which it was produced is
			 used. If the remanufacturer or other person that stores or treats the hazardous
			 secondary material takes any action (e.g., changing the process that produced
			 the waste) that could result in an increase in the total organic content of the
			 waste contained in or contacted by equipment determined not to be subject to
			 the requirements in §§ 261.1052 through 261.1060, then a new
			 determination is required.
(l) Records of the equipment leak information
			 required by paragraph (d) of this section and the operating information
			 required by paragraph (e) of this section need be kept only 3 years.
(m) The remanufacturer or other person that
			 stores or treats the hazardous secondary material of any facility with
			 equipment that is subject to this subsection and to leak detection, monitoring,
			 and repair requirements under regulations at 40 CFR part 60, part 61, or part
			 63 may elect to determine compliance with this subsection either by
			 documentation pursuant to § 261.1064 of this subsection, or by
			 documentation of compliance with the regulations at 40 CFR part 60, part 61, or
			 part 63 pursuant to the relevant provisions of the regulations at 40 CFR part
			 60, part 61, or part 63. The documentation of compliance under regulation at 40
			 CFR part 60, part 61, or part 63 shall be kept with or made readily available
			 with the facility operating record.
§§ 261.1065
- 261.1079
			 [Reserved]
Subsection
			 CC
-Air Emission Standards for Tanks, Surface Impoundments,
			 and Containers
§ 261.1080
Applicability
(a) The rules in
			 this subpart apply to tanks and containers that contain hazardous secondary
			 materials excluded under the remanufacturing exclusion at §261.4(a)(27),
			 unless the tanks and containers are equipped with and operating air emission
			 controls in accordance with the requirements of an applicable Clean Air Act
			 regulations codified under 40 CFR part 60, part 61, or part 63.
(b) [Reserved]
§ 261.1081
Definitions
As used in this subsection, all terms not defined herein shall
				have the meaning given to them in the Act and Sections 260 through 266 of this
				rule.
"Average volatile organic concentration"
or
"average VO concentration"
means the mass-weighted average
				volatile organic concentration of a hazardous secondary materials as determined
				in accordance with the requirements of § 261.1084 of this
				subsection.
"Closure device"
means a cap, hatch, lid, plug,
				seal, valve, or other type of fitting that blocks an opening in a cover such
				that when the device is secured in the closed position it prevents or reduces
				air pollutant emissions to the atmosphere. Closure devices include devices that
				are detachable from the cover (e.g., a sampling port cap), manually operated
				(e.g., a hinged access lid or hatch), or automatically operated (e.g., a
				spring-loaded pressure relief valve).
"Continuous seal"
means a seal that forms a
				continuous closure that completely covers the space between the edge of the
				floating roof and the wall of a tank. A continuous seal may be a vapor-mounted
				seal, liquid-mounted seal, or metallic shoe seal. A continuous seal may be
				constructed of fastened segments so as to form a continuous seal.
"Cover"
means a device that provides a continuous
				barrier over the hazardous secondary materials managed in a unit to prevent or
				reduce air pollutant emissions to the atmosphere. A cover may have openings
				(such as access hatches, sampling ports, gauge wells) that are necessary for
				operation, inspection, maintenance, and repair of the unit on which the cover
				is used. A cover may be a separate piece of equipment which can be detached and
				removed from the unit or a cover may be formed by structural features
				permanently integrated into the design of the unit.
"Enclosure"
means a structure that surrounds a
				tank or container, captures organic vapors emitted from the tank or container,
				and vents the captured vapors through a closed-vent system to a control
				device.
"External floating roof"
means a pontoon-type or
				double-deck type cover that rests on the surface of the material managed in a
				tank with no fixed roof.
"Fixed roof"
means a cover that is mounted on a
				unit in a stationary position and does not move with fluctuations in the level
				of the material managed in the unit.
"Floating membrane cover"
means a cover consisting
				of a synthetic flexible membrane material that rests upon and is supported by
				the hazardous secondary materials being managed in a surface
				impoundment.
"Floating roof"
means a cover consisting of a
				double deck, pontoon single deck, or internal floating cover which rests upon
				and is supported by the material being contained, and is equipped with a
				continuous seal.
"Hard-piping"
means pipe or tubing that is
				manufactured and properly installed in accordance with relevant standards and
				good engineering practices.
"In light material service"
means the container is
				used to manage a material for which both of the following conditions apply: The
				vapor pressure of one or more of the organic constituents in the material is
				greater than 0.3 kilopascals (kPa) at 20°C; and the total concentration of
				the pure organic constituents having a vapor pressure greater than 0.3 kPa at
				20°C is equal to or greater than 20 percent by weight.
"Internal floating roof"
means a cover that rests
				or floats on the material surface (but not necessarily in complete contact with
				it) inside a tank that has a fixed roof.
"Liquid-mounted seal"
means a foam or
				liquid-filled primary seal mounted in contact with the hazardous waste between
				the tank wall and the floating roof continuously around the circumference of
				the tank.
"Malfunction"
means any sudden, infrequent, and
				not reasonably preventable failure of air pollution control equipment, process
				equipment, or a process to operate in a normal or usual manner. Failures that
				are caused in part by poor maintenance or careless operation are not
				malfunctions.
"Maximum organic vapor pressure"
means the sum of
				the individual organic constituent partial pressures exerted by the material
				contained in a tank, at the maximum vapor pressure-causing conditions (i.e.,
				temperature, agitation, pH effects of combining wastes, etc.) reasonably
				expected to occur in the tank. For the purpose of this subsection, maximum
				organic vapor pressure is determined using the procedures specified in §
				261.1084(c) of this subsection.
"Metallic shoe seal"
means a continuous seal that
				is constructed of metal sheets which are held vertically against the wall of
				the tank by springs, weighted levers, or other mechanisms and is connected to
				the floating roof by braces or other means. A flexible coated fabric (envelope)
				spans the annular space between the metal sheet and the floating roof.
"No detectable organic emissions"
means no escape
				of organics to the atmosphere as determined using the procedure specified in
				§ 261.1084(d) of this subsection.
"Point of waste origination"
means as
				follows:
(1) When the remanufacturer
			 or other person that stores or treats the hazardous secondary material is the
			 generator of the hazardous secondary materials, the point of waste origination
			 means the point where a solid waste produced by a system, process, or waste
			 management unit is determined to be a hazardous secondary materials as defined
			 in Section 261.
[Note: In this case, this term is being used in a manner
				similar to the use of the term "point of generation" in air standards
				established for waste management operations under authority of the Clean Air
				Act in 40 CFR Parts 60, 61, and 63].
(2) When the remanufacturer or other person
			 that stores or treats the hazardous secondary material are not the generator of
			 the hazardous secondary materials, point of waste origination means the point
			 where the remanufacturer or other person that stores or treats the hazardous
			 secondary material accepts delivery or takes possession of the hazardous
			 secondary materials.
"Point of waste treatment"
means the point where a
				hazardous secondary materials to be treated in accordance with §
				261.1083(c)(2) of this subsection exits the treatment process. Any waste
				determination shall be made before the waste is conveyed, handled, or otherwise
				managed in a manner that allows the waste to volatilize to the
				atmosphere.
"Safety device"
means a closure device such as a
				pressure relief valve, frangible disc, fusible plug, or any other type of
				device which functions exclusively to prevent physical damage or permanent
				deformation to a unit or its air emission control equipment by venting gases or
				vapors directly to the atmosphere during unsafe conditions resulting from an
				unplanned, accidental, or emergency event. For the purpose of this subsection,
				a safety device is not used for routine venting of gases or vapors from the
				vapor headspace underneath a cover such as during filling of the unit or to
				adjust the pressure in this vapor headspace in response to normal daily diurnal
				ambient temperature fluctuations. A safety device is designed to remain in a
				closed position during normal operations and open only when the internal
				pressure, or another relevant parameter, exceeds the device threshold setting
				applicable to the air emission control equipment as determined by the
				remanufacturer or other person that stores or treats the hazardous secondary
				material based on manufacturer recommendations, applicable rules, fire
				protection and prevention codes, standard engineering codes and practices, or
				other requirements for the safe handling of flammable, ignitable, explosive,
				reactive, or hazardous materials.
"Single-seal system"
means a floating roof having
				one continuous seal. This seal may be vapor-mounted, liquid-mounted, or a
				metallic shoe seal.
"Vapor-mounted seal"
means a continuous seal that
				is mounted such that there is a vapor space between the hazardous secondary
				materials in the unit and the bottom of the seal.
"Volatile organic concentration"
or
"VO
				concentration"
means the fraction by weight of the volatile organic
				compounds contained in a hazardous secondary materials expressed in terms of
				parts per million (ppmw) as determined by direct measurement or by knowledge of
				the waste in accordance with the requirements of § 261.1084 of this
				subsection. For the purpose of determining the VO concentration of a hazardous
				secondary materials, organic compounds with a Henry's law constant value of at
				least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1
				Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25
				degrees Celsius must be included. Appendix VI of this subsection presents a
				list of compounds known to have a Henry's law constant value less than the
				cutoff level.
"Waste determination"
means performing all
				applicable procedures in accordance with the requirements of § 261.1084 of
				this subsection to determine whether a hazardous secondary materials meets
				standards specified in this subsection. Examples of a waste determination
				include performing the procedures in accordance with the requirements of §
				261.1084 of this subsection to determine the average VO concentration of a
				hazardous secondary materials at the point of waste origination; the average VO
				concentration of a hazardous secondary materials at the point of waste
				treatment and comparing the results to the exit concentration limit specified
				for the process used to treat the hazardous secondary materials; the organic
				reduction efficiency and the organic biodegradation efficiency for a biological
				process used to treat a hazardous secondary materials and comparing the results
				to the applicable standards; or the maximum volatile organic vapor pressure for
				a hazardous secondary materials in a tank and comparing the results to the
				applicable standards.
"Waste stabilization process"
means any physical
				or chemical process used to either reduce the mobility of hazardous
				constituents in a hazardous secondary materials or eliminate free liquids as
				determined by Test Method 9095B (Paint Filter Liquids Test) in "Test Methods
				for Evaluating Solid Waste, Physical/Chemical Methods," as incorporated by
				reference in § 260.11 of this rule. A waste stabilization process includes
				mixing the hazardous secondary materials with binders or other materials, and
				curing the resulting hazardous secondary materials and binder mixture. Other
				synonymous terms used to refer to this process are "waste fixation" or "waste
				solidification." This does not include the adding of absorbent materials to the
				surface of a waste, without mixing, agitation, or subsequent curing, to absorb
				free liquid.
§
			 261.1082
Standards: General
(a) This section applies to the management of
			 hazardous secondary materials in tanks, surface impoundments, and containers
			 subject to this subsection.
(b) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall control air pollutant emissions from each hazardous secondary
			 material management unit in accordance with standards specified in
			 §§261.1084 through 261.1087 of this subsection, as applicable to the
			 hazardous secondary material management unit, except as provided for in
			 paragraph (c) of this section.
(c)
			 A tank or container is exempt from standards specified in §§261.1084
			 through 261.1087 of this subpart, as applicable, provided that the hazardous
			 secondary material management unit is a tank or container for which all
			 hazardous secondary material entering the unit has an average VO concentration
			 at the point of material origination of less than 500 parts per million by
			 weight (ppmw). The average VO concentration shall be determined using the
			 procedures specified in §261.1083(a) of this subpart. The remanufacturer
			 or other person that stores or treats the hazardous secondary material shall
			 review and update, as necessary, this determination at least once every 12
			 months following the date of the initial determination for the hazardous
			 secondary material streams entering the unit.
§ 261.1083
Waste determination
			 procedures
(a) Waste determination
			 procedure to determine average volatile organic (VO) concentration of a
			 hazardous secondary material at the point of waste origination.
(1) A remanufacturer or other person that
			 stores or treats the hazardous secondary material shall determine the average
			 VO concentration at the point of waste origination for each hazardous secondary
			 materials placed in a waste management unit exempted under the provisions of
			 § 261.1083(c)(1) of this subsection from using air emission controls in
			 accordance with standards specified in § 261.1085 through § 261.1088
			 of this subsection, as applicable to the waste management unit.
(i) An initial determination of the average
			 VO concentration of the waste stream shall be made before the first time any
			 portion of the material in the hazardous secondary materials stream is placed
			 in a waste management unit exempted under the provisions of §
			 261.1083(c)(1) of this subsection from using air emission controls, and
			 thereafter an initial determination of the average VO concentration of the
			 waste stream shall be made for each averaging period that a hazardous secondary
			 materials is managed in the unit; and
(ii) Perform a new waste determination
			 whenever changes to the source generating the waste stream are reasonably
			 likely to cause the average VO concentration of the hazardous secondary
			 materials to increase to a level that is equal to or greater than the VO
			 concentration limit specified in § 261.1083(c)(1) of this
			 subsection.
(2) For a
			 waste determination that is required by paragraph (a)(1) of this section, the
			 average VO concentration of a hazardous secondary materials at the point of
			 waste origination shall be determined using either direct measurement as
			 specified in paragraph (a)(3) of this section or by knowledge as specified in
			 paragraph (a)(4) of this section.
(3) Direct measurement to determine average
			 VO concentration of a hazardous secondary materials at the point of waste
			 origination.
(i) Identification. The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall identify and record the point of waste origination for the
			 hazardous secondary materials.
(ii)
			 Sampling. Samples of the hazardous secondary materials stream shall be
			 collected at the point of waste origination in a manner such that
			 volatilization of organics contained in the waste and in the subsequent sample
			 is minimized and an adequately representative sample is collected and
			 maintained for analysis by the selected method.
(A) The averaging period to be used for
			 determining the average VO concentration for the hazardous secondary materials
			 stream on a mass-weighted average basis shall be designated and recorded. The
			 averaging period can represent any time interval that the remanufacturer or
			 other person that stores or treats the hazardous secondary material determines
			 is appropriate for the hazardous secondary materials stream but shall not
			 exceed 1 year.
(B) A sufficient
			 number of samples, but no less than four samples, shall be collected and
			 analyzed for a hazardous secondary materials determination. All of the samples
			 for a given waste determination shall be collected within a one-hour period.
			 The average of the four or more sample results constitutes a waste
			 determination for the waste stream. One or more waste determinations may be
			 required to represent the complete range of waste compositions and quantities
			 that occur during the entire averaging period due to normal variations in the
			 operating conditions for the source or process generating the hazardous
			 secondary materials stream. Examples of such normal variations are seasonal
			 variations in waste quantity or fluctuations in ambient temperature.
(C) All samples shall be collected and
			 handled in accordance with written procedures prepared by the remanufacturer or
			 other person that stores or treats the hazardous secondary material and
			 documented in a site sampling plan. This plan shall describe the procedure by
			 which representative samples of the hazardous secondary materials stream are
			 collected such that a minimum loss of organics occurs throughout the sample
			 collection and handling process, and by which sample integrity is maintained. A
			 copy of the written sampling plan shall be maintained on-site in the facility
			 operating records. An example of acceptable sample collection and handling
			 procedures for a total volatile organic constituent concentration may be found
			 in Method 25D in 40 CFR part 60, appendix A.
(D) Sufficient information, as specified in
			 the "site sampling plan'' required under paragraph (a)(3)(ii)(C) of this
			 section, shall be prepared and recorded to document the waste quantity
			 represented by the samples and, as applicable, the operating conditions for the
			 source or process generating the hazardous secondary materials represented by
			 the samples.
(iii)
			 Analysis. Each collected sample shall be prepared and analyzed in accordance
			 with Method 25D in 40 CFR part 60, appendix A for the total concentration of
			 volatile organic constituents, or using one or more methods when the individual
			 organic compound concentrations are identified and summed and the summed waste
			 concentration accounts for and reflects all organic compounds in the waste with
			 Henry's law constant values at least 0.1
			 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
			 [which can also be expressed as 1.8x10-6 atmospheres/gram-mole/m3] at 25
			 degrees Celsius. At the remanufacturer's or other persons that store or treat
			 the hazardous secondary material discretion, the remanufacturer or other person
			 that stores or treats the hazardous secondary material may adjust test data
			 obtained by any appropriate method to discount any contribution to the total
			 volatile organic concentration that is a result of including a compound with a
			 Henry's law constant value of less than 0.1 Y/X at 25 degrees Celsius. To
			 adjust these data, the measured concentration of each individual chemical
			 constituent contained in the waste is multiplied by the appropriate
			 constituent-specific adjustment factor (fm25D). If the remanufacturer or other
			 person that stores or treats the hazardous secondary material elects to adjust
			 test data, the adjustment must be made to all individual chemical constituents
			 with a Henry's law constant value greater than or equal to 0.1 Y/X at 25
			 degrees Celsius contained in the waste. Constituent-specific adjustment factors
			 (fm25D) can be obtained by contacting the Waste and Chemical Processes Group,
			 Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.
			 Other test methods may be used if they meet the requirements in paragraph
			 (a)(3)(iii)(A) or (B) of this section and provided the requirement to reflect
			 all organic compounds in the waste with Henry's law constant values greater
			 than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 10-6
			 atmospheres/gram-mole/m3] at 25 degrees Celsius, is met.
(A) Any EPA standard method that has been
			 validated in accordance with ''Alternative Validation Procedure for EPA Waste
			 and Wastewater Methods," 40 CFR part 63, appendix D.
(B) Any other analysis method that has been
			 validated in accordance with the procedures specified in Section 5.1 or Section
			 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of
			 Method 301 in 40 CFR part 63, appendix A. The data are acceptable if they meet
			 the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If
			 correction is required under section 6.3.3 of Method 301, the data are
			 acceptable if the correction factor is within the range 0.7 to 1.30. Other
			 sections of Method 301 are not required.
(iv) Calculations.
(A) The average VO concentration (C) on a
			 mass-weighted basis shall be calculated by using the results for all waste
			 determinations conducted in accordance with paragraphs (a)(3)(ii) and (iii) of
			 this section and the following equation:
Click here to view
				image
Where
C = Average VO concentration of the hazardous secondary
				materials at the point of waste origination on a mass-weighted basis,
				ppmw.
i = Individual sample "i" of the hazardous secondary
				materials.
n = Total number of samples of the hazardous secondary
				materials collected (at least 4) for the averaging period (not to exceed 1
				year).
Qi = Mass quantity of hazardous secondary materials stream
				represented by Ci, kg/hr.
QT =Total mass quantity of hazardous secondary materials
				during the averaging period, kg/hr.
Ci = Measured VO concentration of sample "i" as determined in
				accordance with the requirements of '261.1084(a)(3)(iii) of this subsection,
				ppmw.
(B) For the purpose
			 of determining Ci , for individual waste samples analyzed in accordance with
			 paragraph (a)(3)(iii) of this section, the remanufacturer or other person that
			 stores or treats the hazardous secondary material shall account for VO
			 concentrations determined to be below the limit of detection of the analytical
			 method by using the following VO concentration:
(1) If Method 25D in 40 CFR part 60, Appendix
			 A is used for the analysis, one-half the blank value determined in the method
			 at section 4.4 of Method 25D in 40 CFR part 60, appendix A.
(2) If any other analytical method is used,
			 one-half the sum of the limits of detection established for each organic
			 constituent in the waste that has a Henry's law constant values at least0.1
			 mole-fraction-in-the- gas-phase/mole-fraction-in- the-liquid-phase (0.1 Y/X)
			 [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at
			 25°C. (v) Provided that the test method is appropriate for the waste as
			 required under paragraph (a)(3)(iii) of this section, the EPA will determine
			 compliance based on the test method used by the remanufacturer or other person
			 that stores or treats the hazardous secondary material as recorded pursuant to
			 Sec. 261.1090(f)(1) of this subsection. (4) Use of knowledge by the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material to determine average VO concentration of a hazardous secondary
			 materials at the point of waste origination.
(i) Documentation shall be prepared that
			 presents the information used as the basis for the owner's or operator's
			 knowledge of the hazardous secondary materials stream's average VO
			 concentration. Examples of information that may be used as the basis for
			 knowledge include: Material balances for the source or process generating the
			 hazardous secondary materials stream; constituent-specific chemical test data
			 for the hazardous secondary materials stream from previous testing that are
			 still applicable to the current waste stream; previous test data for other
			 locations managing the same type of waste stream; or other knowledge based on
			 information included in manifests, shipping papers, or waste certification
			 notices.
(ii) If test data are used
			 as the basis for knowledge, then the remanufacturer or other person that stores
			 or treats the hazardous secondary material shall document the test method,
			 sampling protocol, and the means by which sampling variability and analytical
			 variability are accounted for in the determination of the average VO
			 concentration. For example, a remanufacturer or other person that stores or
			 treats the hazardous secondary material may use organic concentration test data
			 for the hazardous secondary materials stream that are validated in accordance
			 with Method 301 in 40 CFR part 63, appendix A as the basis for knowledge of the
			 waste.
(iii) A remanufacturer or
			 other person that stores or treats the hazardous secondary material using
			 chemical constituent-specific concentration test data as the basis for
			 knowledge of the hazardous secondary materials may adjust the test data to the
			 corresponding average VO concentration value which would have been obtained had
			 the waste samples been analyzed using Method 25D in 40 CFR part 60, appendix A.
			 To adjust these data, the measured concentration for each individual chemical
			 constituent contained in the waste is multiplied by the appropriate
			 constituent-specific adjustment factor (fm25D).
(iv) In the event that the Director and the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material disagree on a determination of the average VO concentration for a
			 hazardous secondary materials stream using knowledge, then the results from a
			 determination of average VO concentration using direct measurement as specified
			 in paragraph (a)(3) of this section shall be used to establish compliance with
			 the applicable requirements of this subsection. The Director may perform or
			 request that the remanufacturer or other person that stores or treats the
			 hazardous secondary material perform this determination using direct
			 measurement. The remanufacturer or other person that stores or treats the
			 hazardous secondary material may then choose one or more appropriate methods to
			 analyze each collected sample in accordance with the requirements of paragraph
			 (a)(3)(iii) of this section.
(b)
			 [Reserved]
(c) Procedure to
			 determine the maximum organic vapor pressure of a hazardous secondary material
			 in a tank.
(1) A remanufacturer or other
			 person that stores or treats the hazardous secondary material shall determine
			 the maximum organic vapor pressure for each hazardous secondary materials
			 placed in a tank using Tank Level 1 controls in accordance with the standards
			 specified in § 261.1085(c) of this subsection.
(2) A remanufacturer or other person that
			 stores or treats the hazardous secondary material shall use either direct
			 measurement as specified in paragraph (c)(3) of this section or knowledge of
			 the waste as specified by paragraph (c)(4) of this section to determine the
			 maximum organic vapor pressure which is representative of the hazardous
			 secondary materials composition stored or treated in the tank.
(3) Direct measurement to determine the
			 maximum organic vapor pressure of a hazardous secondary materials.
(i) Sampling. A sufficient number of samples
			 shall be collected to be representative of the waste contained in the tank. All
			 samples shall be collected and handled in accordance with written procedures
			 prepared by the remanufacturer or other person that stores or treats the
			 hazardous secondary material and documented in a site sampling plan. This plan
			 shall describe the procedure by which representative samples of the hazardous
			 secondary materials are collected such that a minimum loss of organics occurs
			 throughout the sample collection and handling process and by which sample
			 integrity is maintained. A copy of the written sampling plan shall be
			 maintained on-site in the facility operating records. An example of acceptable
			 sample collection and handling procedures may be found in Method 25D in 40 CFR
			 part 60, appendix A.
(ii) Analysis.
			 Any appropriate one of the following methods may be used to analyze the samples
			 and compute the maximum organic vapor pressure of the hazardous secondary
			 materials:
(A) Method 25E in 40 CFR part 60
			 appendix A;
(B) Methods described
			 in American Petroleum Institute Publication 2517, Third Edition, February 1989,
			 "Evaporative Loss from External Floating-Roof Tanks," (incorporated by
			 reference - refer to § 260.11 of this rule);
(C) Methods obtained from standard reference
			 texts;
(D) ASTM Method 2879-92
			 (incorporated by reference - refer to § 260.11 of this rule); or
(E) Any other method approved by the
			 Director.
(4)
			 Use of knowledge to determine the maximum organic vapor pressure of the
			 hazardous secondary materials. Documentation shall be prepared and recorded
			 that presents the information used as the basis for the owner's or operator's
			 knowledge that the maximum organic vapor pressure of the hazardous secondary
			 materials is less than the maximum vapor pressure limit listed in §
			 261.1085(b)(1)(i) of this subsection for the applicable tank design capacity
			 category. An example of information that may be used is documentation that the
			 hazardous secondary materials is generated by a process for which at other
			 locations it previously has been determined by direct measurement that the
			 waste maximum organic vapor pressure is less than the maximum vapor pressure
			 limit for the appropriate tank design capacity category.
(d) Procedure for determining no detectable
			 organic emissions for the purpose of complying with this subsection:
(1) The test shall be conducted in accordance
			 with the procedures specified in Method 21 of 40 CFR part 60, appendix A. Each
			 potential leak interface (i.e., a location where organic vapor leakage could
			 occur) on the cover and associated closure devices shall be checked. Potential
			 leak interfaces that are associated with covers and closure devices include,
			 but are not limited to: The interface of the cover and its foundation mounting;
			 the periphery of any opening on the cover and its associated closure device;
			 and the sealing seat interface on a spring-loaded pressure relief
			 valve.
(2) The test shall be
			 performed when the unit contains a hazardous secondary materials having an
			 organic concentration representative of the range of concentrations for the
			 hazardous secondary materials expected to be managed in the unit. During the
			 test, the cover and closure devices shall be secured in the closed
			 position.
(3) The detection
			 instrument shall meet the performance criteria of Method 21 of 40 CFR part 60,
			 appendix A, except the instrument response factor criteria in section 3.1.2(a)
			 of Method 21 shall be for the average composition of the organic constituents
			 in the hazardous secondary materials placed in the waste management unit, not
			 for each individual organic constituent.
(4) The detection instrument shall be
			 calibrated before use on each day of its use by the procedures specified in
			 Method 21 of 40 CFR part 60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon
			 in air), and
(ii) A mixture of
			 methane or n-hexane and air at a concentration of approximately, but less than,
			 10,000 ppmv methane or n-hexane.
(6) The background level shall be determined
			 according to the procedures in Method 21 of 40 CFR part 60, appendix
			 A.
(7) Each potential leak
			 interface shall be checked by traversing the instrument probe around the
			 potential leak interface as close to the interface as possible, as described in
			 Method 21 of 40 CFR part 60, appendix A. In the case when the configuration of
			 the cover or closure device prevents a complete traverse of the interface, all
			 accessible portions of the interface shall be sampled. In the case when the
			 configuration of the closure device prevents any sampling at the interface and
			 the device is equipped with an enclosed extension or horn (e.g., some pressure
			 relief devices), the instrument probe inlet shall be placed at approximately
			 the center of the exhaust area to the atmosphere.
(8) The arithmetic difference between the
			 maximum organic concentration indicated by the instrument and the background
			 level shall be compared with the value of 500 ppmv except when monitoring a
			 seal around a rotating shaft that passes through a cover opening, in which case
			 the comparison shall be as specified in paragraph (d)(9) of this section. If
			 the difference is less than 500 ppmv, then the potential leak interface is
			 determined to operate with no detectable organic emissions.
(9) For the seals around a rotating shaft
			 that passes through a cover opening, the arithmetic difference between the
			 maximum organic concentration indicated by the instrument and the background
			 level shall be compared with the value of 10,000 ppmw. If the difference is
			 less than 10,000 ppmw, then the potential leak interface is determined to
			 operate with no detectable organic emissions.
§ 261.1084
Standards: Tanks
(a) The provisions of this section apply to
			 the control of air pollutant emissions from tanks for which § 261.1083(b)
			 of this subsection references the use of this section for such air emission
			 control.
(b) The remanufacturer or
			 other person that stores or treats the hazardous secondary material
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall control air pollutant emissions from each tank subject to this
			 section in accordance with the following requirements, as applicable:
(1) For a tank that manages hazardous
			 secondary materials that meets all of the conditions specified in paragraphs
			 (b)(1)(i) through (b)(1)(iii) of this section, the remanufacturer or other
			 person that stores or treats the hazardous secondary material shall control air
			 pollutant emissions from the tank in accordance with the Tank Level 1 controls
			 specified in paragraph (c) of this section or the Tank Level 2 controls
			 specified in paragraph (d) of this section.
(i) The hazardous secondary materials in the
			 tank has a maximum organic vapor pressure which is less than the maximum
			 organic vapor pressure limit for the tank's design capacity category as
			 follows:
(A) For a tank design capacity equal
			 to or greater than 151 m3, the maximum organic vapor pressure limit for the
			 tank is 5.2 kPa.
(B) For a tank
			 design capacity equal to or greater than 75 m3 but less than 151 m3, the
			 maximum organic vapor pressure limit for the tank is 27.6 kPa.
(C) For a tank design capacity less than 75
			 m3, the maximum organic vapor pressure limit for the tank is 76.6
			 kPa.
(ii) The hazardous
			 secondary materials in the tank is not heated by the remanufacturer or other
			 person that stores or treats the hazardous secondary material to a temperature
			 that is greater than the temperature at which the maximum organic vapor
			 pressure of the hazardous secondary materials is determined for the purpose of
			 complying with paragraph (b)(1)(i) of this section.
(iii) The hazardous secondary materials in
			 the tank is not treated by the remanufacturer or other person that stores or
			 treats the hazardous secondary material using a waste stabilization process, as
			 defined in § 261.1081 of this subsection. (2) For a tank that manages
			 hazardous secondary materials that does not meet all of the conditions
			 specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this section, the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material remanufacturer or other person that stores or treats the hazardous
			 secondary material shall control air pollutant emissions from the tank by using
			 Tank Level 2 controls in accordance with the requirements of paragraph (d) of
			 this section. Examples of tanks required to use Tank Level 2 controls include:
			 A tank used for a waste stabilization process; and a tank for which the
			 hazardous secondary materials in the tank has a maximum organic vapor pressure
			 that is equal to or greater than the maximum organic vapor pressure limit for
			 the tank's design capacity category as specified in paragraph (b)(1)(i) of this
			 section.
(c)
			 Owners and operators controlling air pollutant emissions from a tank using Tank
			 Level 1 controls shall meet the requirements specified in paragraphs (c)(1)
			 through (c)(4) of this section:
(1) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall determine the maximum organic vapor pressure for a hazardous
			 secondary materials to be managed in the tank using Tank Level 1 controls
			 before the first time the hazardous secondary materials is placed in the tank.
			 The maximum organic vapor pressure shall be determined using the procedures
			 specified in § 261.1084(c) of this subsection. Thereafter, the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall perform a new determination whenever changes to the hazardous
			 secondary materials managed in the tank could potentially cause the maximum
			 organic vapor pressure to increase to a level that is equal to or greater than
			 the maximum organic vapor pressure limit for the tank design capacity category
			 specified in paragraph (b)(1)(i) of this section, as applicable to the
			 tank.
(2) The tank shall be
			 equipped with a fixed roof designed to meet the following specifications:
(i) The fixed roof and its closure devices
			 shall be designed to form a continuous barrier over the entire surface area of
			 the hazardous secondary materials in the tank. The fixed roof may be a separate
			 cover installed on the tank (e.g., a removable cover mounted on an open-top
			 tank) or may be an integral section of the tank structural design (e.g., a
			 horizontal cylindrical tank equipped with a hatch).
(ii) The fixed roof shall be installed in a
			 manner such that there are no visible cracks, holes, gaps, or other open spaces
			 between roof section joints or between the interface of the roof edge and the
			 tank wall.
(iii) Each opening in
			 the fixed roof, and any manifold system associated with the fixed roof, shall
			 be either:
(A) Equipped with a closure device
			 designed to operate such that when the closure device is secured in the closed
			 position there are no visible cracks, holes, gaps, or other open spaces in the
			 closure device or between the perimeter of the opening and the closure device;
			 or
(B) Connected by a closed-vent
			 system that is vented to a control device. The control device shall remove or
			 destroy organics in the vent stream, and shall be operating whenever hazardous
			 secondary materials is managed in the tank, except as provided for in
			 paragraphs (c)(2)(iii)(B)(1) and (2) of this section.
(1) During periods it is necessary to provide
			 access to the tank for performing the activities of paragraph (c)(2)(iii)(B)(2)
			 of this section, venting of the vapor headspace underneath the fixed roof to
			 the control device is not required, opening of closure devices is allowed, and
			 removal of the fixed roof is allowed. Following completion of the activity, the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall promptly secure the closure device in the closed position or
			 reinstall the cover, as applicable, and resume operation of the control
			 device.
(2) During periods of
			 routine inspection, maintenance, or other activities needed for normal
			 operations, and for the removal of accumulated sludge or other residues from
			 the bottom of the tank.
(iv) The fixed roof and its closure devices
			 shall be made of suitable materials that will minimize exposure of the
			 hazardous secondary materials to the atmosphere, to the extent practical, and
			 will maintain the integrity of the fixed roof and closure devices throughout
			 their intended service life. Factors to be considered when selecting the
			 materials for and designing the fixed roof and closure devices shall include:
			 Organic vapor permeability, the effects of any contact with the hazardous
			 secondary materials or its vapors managed in the tank; the effects of outdoor
			 exposure to wind, moisture, and sunlight; and the operating practices used for
			 the tank on which the fixed roof is installed.
(3) Whenever a hazardous secondary materials
			 is in the tank, the fixed roof shall be installed with each closure device
			 secured in the closed position except as follows:
(i) Opening of closure devices or removal of
			 the fixed roof is allowed at the following times:
(A) To provide access to the tank for
			 performing routine inspection, maintenance, or other activities needed for
			 normal operations. Examples of such activities include those times when a
			 worker needs to open a port to sample the liquid in the tank, or when a worker
			 needs to open a hatch to maintain or repair equipment. Following completion of
			 the activity, the remanufacturer or other person that stores or treats the
			 hazardous secondary material shall promptly secure the closure device in the
			 closed position or reinstall the cover, as applicable, to the tank.
(B) To remove accumulated sludge or other
			 residues from the bottom of tank.
(ii) Opening of a spring-loaded
			 pressure-vacuum relief valve, conservation vent, or similar type of pressure
			 relief device which vents to the atmosphere is allowed during normal operations
			 for the purpose of maintaining the tank internal pressure in accordance with
			 the tank design specifications. The device shall be designed to operate with no
			 detectable organic emissions when the device is secured in the closed position.
			 The settings at which the device opens shall be established such that the
			 device remains in the closed position whenever the tank internal pressure is
			 within the internal pressure operating range determined by the remanufacturer
			 or other person that stores or treats the hazardous secondary material based on
			 the tank manufacturer recommendations, applicable rules, fire protection and
			 prevention codes, standard engineering codes and practices, or other
			 requirements for the safe handling of flammable, ignitable, explosive,
			 reactive, or hazardous materials. Examples of normal operating conditions that
			 may require these devices to open are during those times when the tank internal
			 pressure exceeds the internal pressure operating range for the tank as a result
			 of loading operations or diurnal ambient temperature fluctuations.
(iii) Opening of a safety device, as defined
			 in § 261.1081 of this subsection, is allowed at any time conditions
			 require doing so to avoid an unsafe condition.
(4) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall inspect the air
			 emission control equipment in accordance with the following requirements.
(i) The fixed roof and its closure devices
			 shall be visually inspected by the remanufacturer or other person that stores
			 or treats the hazardous secondary material to check for defects that could
			 result in air pollutant emissions. Defects include, but are not limited to,
			 visible cracks, holes, or gaps in the roof sections or between the roof and the
			 tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure
			 devices; and broken or missing hatches, access covers, caps, or other closure
			 devices.
(ii) The remanufacturer or
			 other person that stores or treats the hazardous secondary material shall
			 perform an initial inspection of the fixed roof and its closure devices on or
			 before the date that the tank becomes subject to this section. Thereafter, the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall perform the inspections at least once every year except under
			 the special conditions provided for in paragraph (l) of this section.
(iii) In the event that a defect is detected,
			 the remanufacturer or other person that stores or treats the hazardous
			 secondary material shall repair the defect in accordance with the requirements
			 of paragraph (k) of this section.
(iv) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall maintain a record of
			 the inspection in accordance with the requirements specified in §
			 261.1090(b) of this subsection.
(d)  Owners and operators controlling air
			 pollutant emissions from a tank using Tank Level 2 controls shall use one of
			 the following tanks:
(1) A fixed-roof tank
			 equipped with an internal floating roof in accordance with the requirements
			 specified in paragraph (e) of this section;
(2) A tank equipped with an external floating
			 roof in accordance with the requirements specified in paragraph (f) of this
			 section;
(3) A tank vented through
			 a closed-vent system to a control device in accordance with the requirements
			 specified in paragraph (g) of this section;
(4) A pressure tank designed and operated in
			 accordance with the requirements specified in paragraph (h) of this section;
			 or
(5) A tank located inside an
			 enclosure that is vented through a closed-vent system to an enclosed combustion
			 control device in accordance with the requirements specified in paragraph (i)
			 of this section.
(e) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material who controls air pollutant emissions from a tank using a fixed-roof
			 with an internal floating roof shall meet the requirements specified in
			 paragraphs (e)(1) through (e)(3) of this section.
(1) The tank shall be equipped with a fixed
			 roof and an internal floating roof in accordance with the following
			 requirements:
(i) The internal floating roof
			 shall be designed to float on the liquid surface except when the floating roof
			 must be supported by the leg supports.
(ii) The internal floating roof shall be
			 equipped with a continuous seal between the wall of the tank and the floating
			 roof edge that meets either of the following requirements:
(A) A single continuous seal that is either a
			 liquid-mounted seal or a metallic shoe seal, as defined in § 261.1081 of
			 this subsection; or
(B) Two
			 continuous seals mounted one above the other. The lower seal may be a
			 vapor-mounted seal.
(iii) The internal floating roof shall meet
			 the following specifications:
(A) Each
			 opening in a noncontact internal floating roof except for automatic bleeder
			 vents (vacuum breaker vents) and the rim space vents is to provide a projection
			 below the liquid surface.
(B) Each
			 opening in the internal floating roof shall be equipped with a gasketed cover
			 or a gasketed lid except for leg sleeves, automatic bleeder vents, rim space
			 vents, column wells, ladder wells, sample wells, and stub drains.
(C) Each penetration of the internal floating
			 roof for the purpose of sampling shall have a slit fabric cover that covers at
			 least 90 percent of the opening.
(D) Each automatic bleeder vent and rim space
			 vent shall be gasketed.
(E) Each
			 penetration of the internal floating roof that allows for passage of a ladder
			 shall have a gasketed sliding cover.
(F) Each penetration of the internal floating
			 roof that allows for passage of a column supporting the fixed roof shall have a
			 flexible fabric sleeve seal or a gasketed sliding cover.
(2) The remanufacturer
			 or other person that stores or treats the hazardous secondary material shall
			 operate the tank in accordance with the following requirements:
(i) When the floating roof is resting on the
			 leg supports, the process of filling, emptying, or refilling shall be
			 continuous and shall be completed as soon as practical.
(ii) Automatic bleeder vents are to be set
			 closed at all times when the roof is floating, except when the roof is being
			 floated off or is being landed on the leg supports.
(iii) Prior to filling the tank, each cover,
			 access hatch, gauge float well or lid on any opening in the internal floating
			 roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space
			 vents are to be set to open only when the internal floating roof is not
			 floating or when the pressure beneath the rim exceeds the manufacturer's
			 recommended setting.
(3)
			 The remanufacturer or other person that stores or treats the hazardous
			 secondary material shall inspect the internal floating roof in accordance with
			 the procedures specified as follows:
(i) The
			 floating roof and its closure devices shall be visually inspected by the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material to check for defects that could result in air pollutant emissions.
			 Defects include, but are not limited to: The internal floating roof is not
			 floating on the surface of the liquid inside the tank; liquid has accumulated
			 on top of the internal floating roof; any portion of the roof seals have
			 detached from the roof rim; holes, tears, or other openings are visible in the
			 seal fabric; the gaskets no longer close off the hazardous secondary materials
			 surface from the atmosphere; or the slotted membrane has more than 10 percent
			 open area.
(ii) The remanufacturer
			 or other person that stores or treats the hazardous secondary material shall
			 inspect the internal floating roof components as follows except as provided in
			 paragraph (e)(3)(iii) of this section:
(A)
			 Visually inspect the internal floating roof components through openings on the
			 fixed-roof (e.g., manholes and roof hatches) at least once every 12 months
			 after initial fill, and
(B)
			 Visually inspect the internal floating roof, primary seal, secondary seal (if
			 one is in service), gaskets, slotted membranes, and sleeve seals (if any) each
			 time the tank is emptied and degassed and at least every 10 years.
(iii) As an alternative to
			 performing the inspections specified in paragraph (e)(3)(ii) of this section
			 for an internal floating roof equipped with two continuous seals mounted one
			 above the other, the remanufacturer or other person that stores or treats the
			 hazardous secondary material may visually inspect the internal floating roof,
			 primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if
			 any) each time the tank is emptied and degassed and at least every 5
			 years.
(iv) Prior to each
			 inspection required by paragraph (e)(3)(ii) or (e)(3)(iii) of this section, the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall notify the Director in advance of each inspection to provide the
			 Director with the opportunity to have an observer present during the
			 inspection. The remanufacturer or other person that stores or treats the
			 hazardous secondary material shall notify the Director of the date and location
			 of the inspection as follows:
(A) Prior to
			 each visual inspection of an internal floating roof in a tank that has been
			 emptied and degassed, written notification shall be prepared and sent by the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material so that it is received by the Director at least 30 calendar days
			 before refilling the tank except when an inspection is not planned as provided
			 for in paragraph (e)(3)(iv)(B) of this section.
(B) When a visual inspection is not planned
			 and the remanufacturer or other person that stores or treats the hazardous
			 secondary material could not have known about the inspection 30 calendar days
			 before refilling the tank, the remanufacturer or other person that stores or
			 treats the hazardous secondary material shall notify the Director as soon as
			 possible, but no later than 7 calendar days before refilling of the tank. This
			 notification may be made by telephone and immediately followed by a written
			 explanation for why the inspection is unplanned. Alternatively, written
			 notification, including the explanation for the unplanned inspection, may be
			 sent so that it is received by the Director at least 7 calendar days before
			 refilling the tank.
(v)
			 In the event that a defect is detected, the remanufacturer or other person that
			 stores or treats the hazardous secondary material shall repair the defect in
			 accordance with the requirements of paragraph (k) of this section.
(vi) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall maintain a record of
			 the inspection in accordance with the requirements specified in '261.1090(b) of
			 this subsection.
(4)
			 Safety devices, as defined in § 261.1081 of this subsection, may be
			 installed and operated as necessary on any tank complying with the requirements
			 of paragraph (e) of this section.
(f) The remanufacturer or other person that
			 stores or treats the hazardous secondary material who controls air pollutant
			 emissions from a tank using an external floating roof shall meet the
			 requirements specified in paragraphs (f)(1) through (f)(3) of this section.
(1) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall design the external
			 floating roof in accordance with the following requirements:
(i) The external floating roof shall be
			 designed to float on the liquid surface except when the floating roof must be
			 supported by the leg supports.
(ii)
			 The floating roof shall be equipped with two continuous seals, one above the
			 other, between the wall of the tank and the roof edge. The lower seal is
			 referred to as the primary seal, and the upper seal is referred to as the
			 secondary seal.
(A) The primary seal shall be
			 a liquid-mounted seal or a metallic shoe seal, as defined in § 261.1081 of
			 this subsection. The total area of the gaps between the tank wall and the
			 primary seal shall not exceed 212 square centimeters
			 (cm2) per meter of tank diameter, and the width of
			 any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic
			 shoe seal is used for the primary seal, the metallic shoe seal shall be
			 designed so that one end extends into the liquid in the tank and the other end
			 extends a vertical distance of at least 61 centimeters above the liquid
			 surface.
(B) The secondary seal
			 shall be mounted above the primary seal and cover the annular space between the
			 floating roof and the wall of the tank. The total area of the gaps between the
			 tank wall and the secondary seal shall not exceed 21.2 square centimeters
			 (cm2)  per meter of tank diameter, and the width of
			 any portion of these gaps shall not exceed 1.3 centimeters (cm).
(iii) The external floating roof
			 shall meet the following specifications:
(A)
			 Except for automatic bleeder vents (vacuum breaker vents) and rim space vents,
			 each opening in a noncontact external floating roof shall provide a projection
			 below the liquid surface.
(B)
			 Except for automatic bleeder vents, rim space vents, roof drains, and leg
			 sleeves, each opening in the roof shall be equipped with a gasketed cover,
			 seal, or lid.
(C) Each access hatch
			 and each gauge float well shall be equipped with a cover designed to be bolted
			 or fastened when the cover is secured in the closed position.
(D) Each automatic bleeder vent and each rim
			 space vent shall be equipped with a gasket.
(E) Each roof drain that empties into the
			 liquid managed in the tank shall be equipped with a slotted membrane fabric
			 cover that covers at least 90 percent of the area of the opening.
(F) Each unslotted and slotted guide pole
			 well shall be equipped with a gasketed sliding cover or a flexible fabric
			 sleeve seal.
(G) Each unslotted
			 guide pole shall be equipped with a gasketed cap on the end of the
			 pole.
(H) Each slotted guide pole
			 shall be equipped with a gasketed float or other device which closes off the
			 liquid surface from the atmosphere.
(I) Each gauge hatch and each sample well
			 shall be equipped with a gasketed cover.
(2) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall operate the tank in
			 accordance with the following requirements:
(i) When the floating roof is resting on the
			 leg supports, the process of filling, emptying, or refilling shall be
			 continuous and shall be completed as soon as practical.
(ii) Except for automatic bleeder vents, rim
			 space vents, roof drains, and leg sleeves, each opening in the roof shall be
			 secured and maintained in a closed position at all times except when the
			 closure device must be open for access.
(iii) Covers on each access hatch and each
			 gauge float well shall be bolted or fastened when secured in the closed
			 position.
(iv) Automatic bleeder
			 vents shall be set closed at all times when the roof is floating, except when
			 the roof is being floated off or is being landed on the leg supports.
(v) Rim space vents shall be set to open only
			 at those times that the roof is being floated off the roof leg supports or when
			 the pressure beneath the rim seal exceeds the manufacturer's recommended
			 setting.
(vi) The cap on the end of
			 each unslotted guide pole shall be secured in the closed position at all times
			 except when measuring the level or collecting samples of the liquid in the
			 tank.
(vii) The cover on each gauge
			 hatch or sample well shall be secured in the closed position at all times
			 except when the hatch or well must be opened for access.
(viii) Both the primary seal and the
			 secondary seal shall completely cover the annular space between the external
			 floating roof and the wall of the tank in a continuous fashion except during
			 inspections.
(3) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall inspect the external floating roof in accordance with the
			 procedures specified as follows:
(i) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall measure the external floating roof seal gaps in accordance with
			 the following requirements:
(A) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall perform measurements of gaps between the tank wall and the
			 primary seal within 60 calendar days after initial operation of the tank
			 following installation of the floating roof and, thereafter, at least once
			 every 5 years.
(B) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall perform measurements of gaps between the tank wall and the
			 secondary seal within 60 calendar days after initial operation of the tank
			 following installation of the floating roof and, thereafter, at least once
			 every year.
(C) If a tank ceases to
			 hold hazardous secondary materials for a period of 1 year or more, subsequent
			 introduction of hazardous secondary materials into the tank shall be considered
			 an initial operation for the purposes of paragraphs (f)(3)(i)(A) and
			 (f)(3)(i)(B) of this section.
(D)
			 The remanufacturer or other person that stores or treats the hazardous
			 secondary material shall determine the total surface area of gaps in the
			 primary seal and in the secondary seal individually using the following
			 procedure:
(1) The seal gap measurements
			 shall be performed at one or more floating roof levels when the roof is
			 floating off the roof supports.
(2)
			 Seal gaps, if any, shall be measured around the entire perimeter of the
			 floating roof in each place where a 0.32-centimeter (cm) diameter uniform probe
			 passes freely (without forcing or binding against the seal) between the seal
			 and the wall of the tank and measure the circumferential distance of each such
			 location.
(3) For a seal gap
			 measured under paragraph (f)(3) of this section, the gap surface area shall be
			 determined by using probes of various widths to measure accurately the actual
			 distance from the tank wall to the seal and multiplying each such width by its
			 respective circumferential distance.
(4) The total gap area shall be calculated by
			 adding the gap surface areas determined for each identified gap location for
			 the primary seal and the secondary seal individually, and then dividing the sum
			 for each seal type by the nominal diameter of the tank. These total gap areas
			 for the primary seal and secondary seal are then are compared to the respective
			 standards for the seal type as specified in paragraph (f)(1)(ii) of this
			 section.
(E) In the event
			 that the seal gap measurements do not conform to the specifications in
			 paragraph (f)(1)(ii) of this section, the remanufacturer or other person that
			 stores or treats the hazardous secondary material shall repair the defect in
			 accordance with the requirements of paragraph (k) of this section.
(F) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall maintain a record of
			 the inspection in accordance with the requirements specified in §
			 261.1090(b) of this subsection.
(ii) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall visually inspect the
			 external floating roof in accordance with the following requirements:
(A) The floating roof and its closure devices
			 shall be visually inspected by the remanufacturer or other person that stores
			 or treats the hazardous secondary material to check for defects that could
			 result in air pollutant emissions. Defects include, but are not limited to:
			 Holes, tears, or other openings in the rim seal or seal fabric of the floating
			 roof; a rim seal detached from the floating roof; all or a portion of the
			 floating roof deck being submerged below the surface of the liquid in the tank;
			 broken, cracked, or otherwise damaged seals or gaskets on closure devices; and
			 broken or missing hatches, access covers, caps, or other closure
			 devices.
(B) The remanufacturer or
			 other person that stores or treats the hazardous secondary material shall
			 perform an initial inspection of the external floating roof and its closure
			 devices on or before the date that the tank becomes subject to this section.
			 Thereafter, the remanufacturer or other person that stores or treats the
			 hazardous secondary material shall perform the inspections at least once every
			 year except for the special conditions provided for in paragraph (l) of this
			 section.
(C) In the event that a
			 defect is detected, the remanufacturer or other person that stores or treats
			 the hazardous secondary material remanufacturer or other person that stores or
			 treats the hazardous secondary material shall repair the defect in accordance
			 with the requirements of paragraph (k) of this section.
(D) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall maintain a record of
			 the inspection in accordance with the requirements specified in §
			 261.1090(b) of this subsection.
(iii) Prior to each inspection required by
			 paragraph (f)(3)(i) or (f)(3)(ii) of this section, the remanufacturer or other
			 person that stores or treats the hazardous secondary material shall notify the
			 Director in advance of each inspection to provide the Director with the
			 opportunity to have an observer present during the inspection. The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall notify the Director of the date and location of the inspection
			 as follows:
(A) Prior to each inspection to
			 measure external floating roof seal gaps as required under paragraph (f)(3)(i)
			 of this section, written notification shall be prepared and sent by the owner
			 or operator so that it is received by the Director at least 30 calendar days
			 before the date the measurements are scheduled to be performed.
(B) Prior to each visual inspection of an
			 external floating roof in a tank that has been emptied and degassed, written
			 notification shall be prepared and sent by the remanufacturer or other person
			 that stores or treats the hazardous secondary material so that it is received
			 by the Director at least 30 calendar days before refilling the tank except when
			 an inspection is not planned as provided for in paragraph (f)(3)(iii)(C) of
			 this section.
(C) When a visual
			 inspection is not planned and the remanufacturer or other person that stores or
			 treats the hazardous secondary material could not have known about the
			 inspection 30 calendar days before refilling the tank, the remanufacturer or
			 other person that stores or treats the hazardous secondary material shall
			 notify the Director as soon as possible, but no later than 7 calendar days
			 before refilling of the tank. This notification may be made by telephone and
			 immediately followed by a written explanation for why the inspection is
			 unplanned. Alternatively, written notification, including the explanation for
			 the unplanned inspection, may be sent so that it is received by the Director at
			 least 7 calendar days before refilling the tank.
(4) Safety devices, as defined in §
			 261.1081 of this subsection, may be installed and operated as necessary on any
			 tank complying with the requirements of paragraph (f) of this section.
(g) The remanufacturer
			 or other person that stores or treats the hazardous secondary material who
			 controls air pollutant emissions from a tank by venting the tank to a control
			 device shall meet the requirements specified in paragraphs (g)(1) through
			 (g)(3) of this section.
(1) The tank shall be
			 covered by a fixed roof and vented directly through a closed-vent system to a
			 control device in accordance with the following requirements:
(i) The fixed roof and its closure devices
			 shall be designed to form a continuous barrier over the entire surface area of
			 the liquid in the tank.
(ii) Each
			 opening in the fixed roof not vented to the control device shall be equipped
			 with a closure device. If the pressure in the vapor headspace underneath the
			 fixed roof is less than atmospheric pressure when the control device is
			 operating, the closure devices shall be designed to operate such that when the
			 closure device is secured in the closed position there are no visible cracks,
			 holes, gaps, or other open spaces in the closure device or between the
			 perimeter of the cover opening and the closure device. If the pressure in the
			 vapor headspace underneath the fixed roof is equal to or greater than
			 atmospheric pressure when the control device is operating, the closure device
			 shall be designed to operate with no detectable organic emissions.
(iii) The fixed roof and its closure devices
			 shall be made of suitable materials that will minimize exposure of the
			 hazardous secondary materials to the atmosphere, to the extent practical, and
			 will maintain the integrity of the fixed roof and closure devices throughout
			 their intended service life. Factors to be considered when selecting the
			 materials for and designing the fixed roof and closure devices shall include:
			 Organic vapor permeability, the effects of any contact with the liquid and its
			 vapor managed in the tank; the effects of outdoor exposure to wind, moisture,
			 and sunlight; and the operating practices used for the tank on which the fixed
			 roof is installed.
(iv) The
			 closed-vent system and control device shall be designed and operated in
			 accordance with the requirements of § 261.1088 of this subsection.
(2) Whenever a hazardous
			 secondary materials is in the tank, the fixed roof shall be installed with each
			 closure device secured in the closed position and the vapor headspace
			 underneath the fixed roof vented to the control device except as follows:
(i) Venting to the control device is not
			 required, and opening of closure devices or removal of the fixed roof is
			 allowed at the following times:
(A) To
			 provide access to the tank for performing routine inspection, maintenance, or
			 other activities needed for normal operations. Examples of such activities
			 include those times when a worker needs to open a port to sample liquid in the
			 tank, or when a worker needs to open a hatch to maintain or repair equipment.
			 Following completion of the activity, the remanufacturer or other person that
			 stores or treats the hazardous secondary material shall promptly secure the
			 closure device in the closed position or reinstall the cover, as applicable, to
			 the tank.
(B) To remove accumulated
			 sludge or other residues from the bottom of a tank.
(ii) Opening of a safety device, as defined
			 in § 261.1081 of this subsection, is allowed at any time conditions
			 require doing so to avoid an unsafe condition.
(3) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall inspect and monitor the
			 air emission control equipment in accordance with the following procedures:
(i) The fixed roof and its closure devices
			 shall be visually inspected by the remanufacturer or other person that stores
			 or treats the hazardous secondary material to check for defects that could
			 result in air pollutant emissions. Defects include, but are not limited to,
			 visible cracks, holes, or gaps in the roof sections or between the roof and the
			 tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure
			 devices; and broken or missing hatches, access covers, caps, or other closure
			 devices.
(ii) The closed-vent
			 system and control device shall be inspected and monitored by the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material in accordance with the procedures specified in § 261.1088 of this
			 subsection.
(iii) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall perform an initial inspection of the air emission control
			 equipment on or before the date that the tank becomes subject to this section.
			 Thereafter, the remanufacturer or other person that stores or treats the
			 hazardous secondary material shall perform the inspections at least once every
			 year except for the special conditions provided for in paragraph (l) of this
			 section.
(iv) In the event that a
			 defect is detected, the remanufacturer or other person that stores or treats
			 the hazardous secondary material shall repair the defect in accordance with the
			 requirements of paragraph (k) of this section.
(v) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall maintain a record of
			 the inspection in accordance with the requirements specified in §
			 261.1090(b) of this subsection.
(h) The remanufacturer or other person that
			 stores or treats the hazardous secondary material who controls air pollutant
			 emissions by using a pressure tank shall meet the following requirements.
(1) The tank shall be designed not to vent to
			 the atmosphere as a result of compression of the vapor headspace in the tank
			 during filling of the tank to its design capacity.
(2) All tank openings shall be equipped with
			 closure devices designed to operate with no detectable organic emissions as
			 determined using the procedure specified in § 261.1084(d) of this
			 subsection.
(3) Whenever a
			 hazardous secondary materials is in the tank, the tank shall be operated as a
			 closed system that does not vent to the atmosphere except under either of the
			 following conditions as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this
			 section.
(i) At those times when opening of a
			 safety device, as defined in § 261.1081 of this subsection, is required to
			 avoid an unsafe condition.
(ii) At
			 those times when purging of inerts from the tank is required and the purge
			 stream is routed to a closed-vent system and control device designed and
			 operated in accordance with the requirements of § 261.1088 of this
			 subsection.
(i) The remanufacturer or other person that
			 stores or treats the hazardous secondary material who controls air pollutant
			 emissions by using an enclosure vented through a closed-vent system to an
			 enclosed combustion control device shall meet the requirements specified in
			 paragraphs (i)(1) through (i)(4) of this section.
(1) The tank shall be located inside an
			 enclosure. The enclosure shall be designed and operated in accordance with the
			 criteria for a permanent total enclosure as specified in "Procedure T -
			 Criteria for and Verification of a Permanent or Temporary Total Enclosure"
			 under
			 40
			 CFR 52.741, Appendix B. The enclosure may
			 have permanent or temporary openings to allow worker access; passage of
			 material into or out of the enclosure by conveyor, vehicles, or other
			 mechanical means; entry of permanent mechanical or electrical equipment; or
			 direct airflow into the enclosure. The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall perform the
			 verification procedure for the enclosure as specified in Section 5.0 to
			 "Procedure T - Criteria for and Verification of a Permanent or Temporary Total
			 Enclosure" initially when the enclosure is first installed and, thereafter,
			 annually.
(2) The enclosure shall
			 be vented through a closed-vent system to an enclosed combustion control device
			 that is designed and operated in accordance with the standards for either a
			 vapor incinerator, boiler, or process heater specified in § 261.1088 of
			 this subsection.
(3) Safety
			 devices, as defined in § 261.1081 of this subsection, may be installed and
			 operated as necessary on any enclosure, closed-vent system, or control device
			 used to comply with the requirements of paragraphs (i)(1) and (i)(2) of this
			 section.
(4) The remanufacturer or
			 other person that stores or treats the hazardous secondary material shall
			 inspect and monitor the closed-vent system and control device as specified in
			 § 261.1088 of this subsection.
(j) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall transfer hazardous
			 secondary materials to a tank subject to this section in accordance with the
			 following requirements:
(1) Transfer of
			 hazardous secondary materials, except as provided in paragraph (j)(2) of this
			 section, to the tank from another tank subject to this section or from a
			 surface impoundment subject to § 261.1086 of this subsection shall be
			 conducted using continuous hard-piping or another closed system that does not
			 allow exposure of the hazardous secondary materials to the atmosphere. For the
			 purpose of complying with this provision, an individual drain system is
			 considered to be a closed system when it meets the requirements of 40 CFR part
			 63, subpart RR - National Emission Standards for Individual Drain
			 Systems.
(2) The requirements of
			 paragraph (j)(1) do not apply when transferring a hazardous secondary materials
			 to the tank under any of the following conditions:
(i) The hazardous secondary materials meets
			 the average VO concentration conditions specified in § 261.1083(c)(1) of
			 this subsection at the point of waste origination.
(ii) The hazardous secondary materials has
			 been treated by an organic destruction or removal process to meet the
			 requirements in § 261.1083(c)(2) of this subsection.
(iii) The hazardous secondary materials meets
			 the requirements of § 261.1083(c)(4) of this subsection.
(k) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall repair each defect detected during an inspection performed in
			 accordance with the requirements of paragraphs (c)(4), (e)(3), (f)(3), or
			 (g)(3) of this section as follows:
(1) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall make first efforts at repair of the defect no later than 5
			 calendar days after detection, and repair shall be completed as soon as
			 possible but no later than 45 calendar days after detection except as provided
			 in paragraph (k)(2) of this section.
(2) Repair of a defect may be delayed beyond
			 45 calendar days if the remanufacturer or other person that stores or treats
			 the hazardous secondary material determines that repair of the defect requires
			 emptying or temporary removal from service of the tank and no alternative tank
			 capacity is available at the site to accept the hazardous secondary materials
			 normally managed in the tank. In this case, the remanufacturer or other person
			 that stores or treats the hazardous secondary material shall repair the defect
			 the next time the process or unit that is generating the hazardous secondary
			 materials managed in the tank stops operation. Repair of the defect shall be
			 completed before the process or unit resumes operation.
(l) Following the initial inspection and
			 monitoring of the cover as required by the applicable provisions of this
			 subsection, subsequent inspection and monitoring may be performed at intervals
			 longer than 1 year under the following special conditions:
(1) In the case when inspecting or monitoring
			 the cover would expose a worker to dangerous, hazardous, or other unsafe
			 conditions, then the remanufacturer or other person that stores or treats the
			 hazardous secondary material may designate a cover as an "unsafe to inspect and
			 monitor cover" and comply with all of the following requirements:
(i) Prepare a written explanation for the
			 cover stating the reasons why the cover is unsafe to visually inspector to
			 monitor, if required.
(ii) Develop
			 and implement a written plan and schedule to inspect and monitor the cover,
			 using the procedures specified in the applicable section of this subsection, as
			 frequently as practicable during those times when a worker can safely access
			 the cover.
(2) In the
			 case when a tank is buried partially or entirely underground, an remanufacturer
			 or other person that stores or treats the hazardous secondary material is
			 required to inspect and monitor, as required by the applicable provisions of
			 this section, only those portions of the tank cover and those connections to
			 the tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located
			 on or above the ground surface.
§ 261.1085
[Reserved]
§ 261.1086
Standards: Containers
(a) The
			 provisions of this section apply to the control of air pollutant emissions from
			 containers for which § 261.1083(b) of this subsection references the use
			 of this section for such air emission control.
(b) General requirements.
(1) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall control air pollutant
			 emissions from each container subject to this section in accordance with the
			 following requirements, as applicable to the container, except when the special
			 provisions for waste stabilization processes specified in paragraph (b)(2) of
			 this section apply to the container.
(i) For
			 a container having a design capacity greater than 0.1 m3 and less than or equal
			 to 0.46 m3, the remanufacturer or other person that stores or treats the
			 hazardous secondary material shall control air pollutant emissions from the
			 container in accordance with the Container Level 1 standards specified in
			 paragraph (c) of this section.
(ii)
			 For a container having a design capacity greater than 0.46 m3 that is not in
			 light material service, the remanufacturer or other person that stores or
			 treats the hazardous secondary material shall control air pollutant emissions
			 from the container in accordance with the Container Level 1 standards specified
			 in paragraph (c) of this section.
(iii) For a container having a design
			 capacity greater than 0.46 m3 that is in light material service, the shall
			 control air pollutant emissions from the container in accordance with the
			 Container Level 2 standards specified in paragraph (d) of this section.
(2)
			 [Reserved]
(c) Container
			 Level 1 standards.
(1) A container using
			 Container Level 1 controls is one of the following:
(i) A container that meets the applicable
			 U.S. Department of Transportation (DOT) regulations on packaging hazardous
			 materials for transportation as specified in paragraph (f) of this
			 section.
(ii) A container equipped
			 with a cover and closure devices that form a continuous barrier over the
			 container openings such that when the cover and closure devices are secured in
			 the closed position there are no visible holes, gaps, or other open spaces into
			 the interior of the container. The cover may be a separate cover installed on
			 the container (e.g., a lid on a drum or a suitably secured tarp on a roll-off
			 box) or may be an integral part of the container structural design (e.g., a
			 "portable tank" or bulk cargo container equipped with a screw-type
			 cap).
(iii) An open-top container
			 in which an organic-vapor suppressing barrier is placed on or over the
			 hazardous secondary materials in the container such that no hazardous secondary
			 materials is exposed to the atmosphere. One example of such a barrier is
			 application of a suitable organic-vapor suppressing foam.
(2) A container used to meet the requirements
			 of paragraph (c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with
			 covers and closure devices, as applicable to the container, that are composed
			 of suitable materials to minimize exposure of the hazardous secondary materials
			 to the atmosphere and to maintain the equipment integrity for as long as it is
			 in service. Factors to be considered in selecting the materials of construction
			 and designing the cover and closure devices shall include: Organic vapor
			 permeability, the effects of contact with the hazardous secondary materials or
			 its vapor managed in the container; the effects of outdoor exposure of the
			 closure device or cover material to wind, moisture, and sunlight; and the
			 operating practices for which the container is intended to be used.
(3) Whenever a hazardous secondary materials
			 is in a container using Container Level 1 controls, the remanufacturer or other
			 person that stores or treats the hazardous secondary material shall install all
			 covers and closure devices for the container, as applicable to the container,
			 and secure and maintain each closure device in the closed position except as
			 follows:
(i) Opening of a closure device or
			 cover is allowed for the purpose of adding hazardous secondary materials or
			 other material to the container as follows:
(A) In the case when the container is filled
			 to the intended final level in one continuous operation, the remanufacturer or
			 other person that stores or treats the hazardous secondary material shall
			 promptly secure the closure devices in the closed position and install the
			 covers, as applicable to the container, upon conclusion of the filling
			 operation.
(B) In the case when
			 discrete quantities or batches of material intermittently are added to the
			 container over a period of time, the remanufacturer or other person that stores
			 or treats the hazardous secondary material shall promptly secure the closure
			 devices in the closed position and install covers, as applicable to the
			 container, upon either the container being filled to the intended final level;
			 the completion of a batch loading after which no additional material will be
			 added to the container within 15 minutes; the person performing the loading
			 operation leaving the immediate vicinity of the container; or the shutdown of
			 the process generating the material being added to the container, whichever
			 condition occurs first.
(ii) Opening of a closure device or cover is
			 allowed for the purpose of removing hazardous secondary materials from the
			 container as follows:
(A) For the purpose of
			 meeting the requirements of this section, an empty container as defined in
			 § 261.7(b) may be open to the atmosphere at any time (i.e., covers and
			 closure devices are not required to be secured in the closed position on an
			 empty container).
(B) In the case
			 when discrete quantities or batches of material are removed from the container
			 but the container does not meet the conditions to be an empty container as
			 defined in § 261.7(b), the remanufacturer or other person that stores or
			 treats the hazardous secondary material shall promptly secure the closure
			 devices in the closed position and install covers, as applicable to the
			 container, upon the completion of a batch removal after which no additional
			 material will be removed from the container within 15 minutes or the person
			 performing the unloading operation leaves the immediate vicinity of the
			 container, whichever condition occurs first.
(iii) Opening of a closure device or cover is
			 allowed when access inside the container is needed to perform routine
			 activities other than transfer of hazardous secondary materials. Examples of
			 such activities include those times when a worker needs to open a port to
			 measure the depth of or sample the material in the container, or when a worker
			 needs to open a manhole hatch to access equipment inside the container.
			 Following completion of the activity, the remanufacturer or other person that
			 stores or treats the hazardous secondary material shall promptly secure the
			 closure device in the closed position or reinstall the cover, as applicable to
			 the container.
(iv) Opening of a
			 spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type
			 of pressure relief device which vents to the atmosphere is allowed during
			 normal operations for the purpose of maintaining the container internal
			 pressure in accordance with the design specifications of the container. The
			 device shall be designed to operate with no detectable organic emissions when
			 the device is secured in the closed position. The settings at which the device
			 opens shall be established such that the device remains in the closed position
			 whenever the internal pressure of the container is within the internal pressure
			 operating range determined by the remanufacturer or other person that stores or
			 treats the hazardous secondary material based on container manufacturer
			 recommendations, applicable rules, fire protection and prevention codes,
			 standard engineering codes and practices, or other requirements for the safe
			 handling of flammable, ignitable, explosive, reactive, or hazardous materials.
			 Examples of normal operating conditions that may require these devices to open
			 are during those times when the internal pressure of the container exceeds the
			 internal pressure operating range for the container as a result of loading
			 operations or diurnal ambient temperature fluctuations.
(v) Opening of a safety device, as defined in
			 § 261.1081 of this subsection, is allowed at any time conditions require
			 doing so to avoid an unsafe condition.
(4) The remanufacturer or other person that
			 stores or treats the hazardous secondary material of containers using Container
			 Level 1 controls shall inspect the containers and their covers and closure
			 devices as follows:
(i) In the case when a
			 hazardous secondary materials already is in the container at the time the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material first accepts possession of the container at the facility and the
			 container is not emptied within 24 hours after the container is accepted at the
			 facility (i.e., does not meet the conditions for an empty container as
			 specified in § 261.7(b)), the remanufacturer or other person that stores
			 or treats the hazardous secondary material shall visually inspect the container
			 and its cover and closure devices to check for visible cracks, holes, gaps, or
			 other open spaces into the interior of the container when the cover and closure
			 devices are secured in the closed position. The container visual inspection
			 shall be conducted on or before the date that the container is accepted at the
			 facility (i.e., the date the container becomes subject to the subsection CC
			 container standards). For purposes of this requirement, the date of acceptance
			 is the date of signature that the facility remanufacturer or other person that
			 stores or treats the hazardous secondary material enters on Item 20 of the
			 Hazardous secondary materials Manifest in the appendix to Section 262 (EPA
			 Forms 8700-22 and 8700-22A), as required under subsection E of this section, at
			 § 261.71. If a defect is detected, the remanufacturer or other person that
			 stores or treats the hazardous secondary material shall repair the defect in
			 accordance with the requirements of paragraph (c)(4)(iii) of this
			 section.
(ii) In the case when a
			 container used for managing hazardous secondary materials remains at the
			 facility for a period of 1 year or more, the remanufacturer or other person
			 that stores or treats the hazardous secondary material shall visually inspect
			 the container and its cover and closure devices initially and thereafter, at
			 least once every 12 months, to check for visible cracks, holes, gaps, or other
			 open spaces into the interior of the container when the cover and closure
			 devices are secured in the closed position. If a defect is detected, the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall repair the defect in accordance with the requirements of
			 paragraph (c)(4)(iii) of this section.
(iii) When a defect is detected for the
			 container, cover, or closure devices, the remanufacturer or other person that
			 stores or treats the hazardous secondary material shall make first efforts at
			 repair of the defect no later than 24 hours after detection, and repair shall
			 be completed as soon as possible but no later than 5 calendar days after
			 detection. If repair of a defect cannot be completed within 5 calendar days,
			 then the hazardous secondary materials shall be removed from the container and
			 the container shall not be used to manage hazardous secondary materials until
			 the defect is repaired. (5) The remanufacturer or other person that stores or
			 treats the hazardous secondary material shall maintain at the facility a copy
			 of the procedure used to determine that containers with capacity of 0.46 m3 or
			 greater, which do not meet applicable DOT regulations as specified in paragraph
			 (f) of this section, are not managing hazardous secondary materials in light
			 material service.
(d) Container Level 2 standards.
(1) A container using Container Level 2
			 controls is one of the following:
(i) A
			 container that meets the applicable U.S. Department of Transportation (DOT)
			 regulations on packaging hazardous materials for transportation as specified in
			 paragraph (f) of this section.
(ii)
			 A container that operates with no detectable organic emissions as defined in
			 § 261.1081 of this subsection and determined in accordance with the
			 procedure specified in paragraph (g) of this section.
(iii) A container that has been demonstrated
			 within the preceding 12 months to be vapor-tight by using 40 CFR part 60,
			 appendix A, Method 27 in accordance the procedure specified in paragraph (h) of
			 this section.
(2)
			 Transfer of hazardous secondary materials in or out of a container using
			 Container Level 2 controls shall be conducted in such a manner as to minimize
			 exposure of the hazardous secondary materials to the atmosphere, to the extent
			 practical, considering the physical properties of the hazardous secondary
			 materials and good engineering and safety practices for handling flammable,
			 ignitable, explosive, reactive or other hazardous materials. Examples of
			 container loading procedures that the EPA considers to meet the requirements of
			 this paragraph include using any one of the following: A submerged-fill pipe or
			 other submerged-fill method to load liquids into the container; a
			 vapor-balancing system or a vapor-recovery system to collect and control the
			 vapors displaced from the container during filling operations; or a fitted
			 opening in the top of a container through which the hazardous secondary
			 materials is filled and subsequently purging the transfer line before removing
			 it from the container opening.
(3)
			 Whenever a hazardous secondary materials is in a container using Container
			 Level 2 controls, the remanufacturer or other person that stores or treats the
			 hazardous secondary material shall install all covers and closure devices for
			 the container, and secure and maintain each closure device in the closed
			 position except as follows:
(i) Opening of a
			 closure device or cover is allowed for the purpose of adding hazardous
			 secondary materials or other material to the container as follows:
(A) In the case when the container is filled
			 to the intended final level in one continuous operation, the remanufacturer or
			 other person that stores or treats the hazardous secondary material
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall promptly secure the closure devices in the closed position and
			 install the covers, as applicable to the container, upon conclusion of the
			 filling operation.
(B) In the case
			 when discrete quantities or batches of material intermittently are added to the
			 container over a period of time, the remanufacturer or other person that stores
			 or treats the hazardous secondary material shall promptly secure the closure
			 devices in the closed position and install covers, as applicable to the
			 container, upon either the container being filled to the intended final level;
			 the completion of a batch loading after which no additional material will be
			 added to the container within 15 minutes; the person performing the loading
			 operation leaving the immediate vicinity of the container; or the shutdown of
			 the process generating the material being added to the container, whichever
			 condition occurs first.
(ii) Opening of a closure device or cover is
			 allowed for the purpose of removing hazardous secondary materials from the
			 container as follows:
(A) For the purpose of
			 meeting the requirements of this section, an empty container as defined in
			 § 261.7(b) may be open to the atmosphere at any time (i.e., covers and
			 closure devices are not required to be secured in the closed position on an
			 empty container).
(B) In the case
			 when discrete quantities or batches of material are removed from the container
			 but the container does not meet the conditions to be an empty container as
			 defined in § 261.7(b), the remanufacturer or other person that stores or
			 treats the hazardous secondary material shall promptly secure the closure
			 devices in the closed position and install covers, as applicable to the
			 container, upon the completion of a batch removal after which no additional
			 material will be removed from the container within 15 minutes or the person
			 performing the unloading operation leaves the immediate vicinity of the
			 container, whichever condition occurs first.
(iii) Opening of a closure device or cover is
			 allowed when access inside the container is needed to perform routine
			 activities other than transfer of hazardous secondary materials. Examples of
			 such activities include those times when a worker needs to open a port to
			 measure the depth of or sample the material in the container, or when a worker
			 needs to open a manhole hatch to access equipment inside the container.
			 Following completion of the activity, the remanufacturer or other person that
			 stores or treats the hazardous secondary material remanufacturer or other
			 person that stores or treats the hazardous secondary material shall promptly
			 secure the closure device in the closed position or reinstall the cover, as
			 applicable to the container.
(iv)
			 Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or
			 similar type of pressure relief device which vents to the atmosphere is allowed
			 during normal operations for the purpose of maintaining the internal pressure
			 of the container in accordance with the container design specifications. The
			 device shall be designed to operate with no detectable organic emission when
			 the device is secured in the closed position. The settings at which the device
			 opens shall be established such that the device remains in the closed position
			 whenever the internal pressure of the container is within the internal pressure
			 operating range determined by the remanufacturer or other person that stores or
			 treats the hazardous secondary material based on container manufacturer
			 recommendations, applicable rules, fire protection and prevention codes,
			 standard engineering codes and practices, or other requirements for the safe
			 handling of flammable, ignitable, explosive, reactive, or hazardous materials.
			 Examples of normal operating conditions that may require these devices to open
			 are during those times when the internal pressure of the container exceeds the
			 internal pressure operating range for the container as a result of loading
			 operations or diurnal ambient temperature fluctuations.
(v) Opening of a safety device, as defined in
			 § 261.1081 of this subsection, is allowed at any time conditions require
			 doing so to avoid an unsafe condition. (4) The remanufacturer or other person
			 that stores or treats the hazardous secondary material of containers using
			 Container Level 2 controls shall inspect the containers and their covers and
			 closure devices as follows:
(i) In the case
			 when a hazardous secondary materials already is in the container at the time
			 the remanufacturer or other person that stores or treats the hazardous
			 secondary material first accepts possession of the container at the facility
			 and the container is not emptied within 24 hours after the container is
			 accepted at the facility (i.e., does not meet the conditions for an empty
			 container as specified in § 261.7(b)), the remanufacturer or other person
			 that stores or treats the hazardous secondary material shall visually inspect
			 the container and its cover and closure devices to check for visible cracks,
			 holes, gaps, or other open spaces into the interior of the container when the
			 cover and closure devices are secured in the closed position. The container
			 visual inspection shall be conducted on or before the date that the container
			 is accepted at the facility (i.e., the date the container becomes subject to
			 the subsection CC container standards). For purposes of this requirement, the
			 date of acceptance is the date of signature that the facility remanufacturer or
			 other person that stores or treats the hazardous secondary material enters on
			 Item 20 of the Hazardous secondary materials Manifest in the appendix to
			 Section 262 (EPA Forms 8700-22 and 8700-22A), as required under subsection E of
			 this section, at § 261.71. If a defect is detected, the remanufacturer or
			 other person that stores or treats the hazardous secondary material shall
			 repair the defect in accordance with the requirements of paragraph (d)(4)(iii)
			 of this section.
(ii) In the case
			 when a container used for managing hazardous secondary materials remains at the
			 facility for a period of 1 year or more, the remanufacturer or other person
			 that stores or treats the hazardous secondary material shall visually inspect
			 the container and its cover and closure devices initially and thereafter, at
			 least once every 12 months, to check for visible cracks, holes, gaps, or other
			 open spaces into the interior of the container when the cover and closure
			 devices are secured in the closed position. If a defect is detected, the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall repair the defect in accordance with the requirements of
			 paragraph (d)(4)(iii) of this section.
(iii) When a defect is detected for the
			 container, cover, or closure devices, the remanufacturer or other person that
			 stores or treats the hazardous secondary material shall make first efforts at
			 repair of the defect no later than 24 hours after detection, and repair shall
			 be completed as soon as possible but no later than 5 calendar days after
			 detection. If repair of a defect cannot be completed within 5 calendar days,
			 then the hazardous secondary materials shall be removed from the container and
			 the container shall not be used to manage hazardous secondary materials until
			 the defect is repaired.
(e) Container Level 3 standards.
(1) A container using Container Level 3
			 controls is one of the following:
(i) A
			 container that is vented directly through a closed-vent system to a control
			 device in accordance with the requirements of paragraph (e)(2)(ii) of this
			 section.
(ii) A container that is
			 vented inside an enclosure which is exhausted through a closed-vent system to a
			 control device in accordance with the requirements of paragraphs (e)(2)(i) and
			 (e)(2)(ii) of this section.
(2) The remanufacturer or other person that
			 stores or treats the hazardous secondary material remanufacturer or other
			 person that stores or treats the hazardous secondary material shall meet the
			 following requirements, as applicable to the type of air emission control
			 equipment selected by the remanufacturer or other person that stores or treats
			 the hazardous secondary material:
(i) The
			 container enclosure shall be designed and operated in accordance with the
			 criteria for a permanent total enclosure as specified in "Procedure T -
			 Criteria for and Verification of a Permanent or Temporary Total Enclosure"
			 under
			 40
			 CFR 52.741, Appendix B.
The enclosure may have permanent or temporary openings to allow
				worker access; passage of containers through the enclosure by conveyor or other
				mechanical means; entry of permanent mechanical or electrical equipment; or
				direct airflow into the enclosure. The remanufacturer or other person that
				stores or treats the hazardous secondary material shall perform the
				verification procedure for the enclosure as specified in Section 5.0 to
				"Procedure T - Criteria for and Verification of a Permanent or Temporary Total
				Enclosure" initially when the enclosure is first installed and, thereafter,
				annually.
(ii) The
			 closed-vent system and control device shall be designed and operated in
			 accordance with the requirements of § 261.1088 of this subsection.
(3) Safety devices, as
			 defined in § 261.1081 of this subsection, may be installed and operated as
			 necessary on any container, enclosure, closed-vent system, or control device
			 used to comply with the requirements of paragraph (e)(1) of this
			 section.
(4) Owners and operators
			 using Container Level 3 controls in accordance with the provisions of this
			 subsection shall inspect and monitor the closed-vent systems and control
			 devices as specified in § 261.1088 of this subsection.
(5) Owners and operators that use Container
			 Level 3 controls in accordance with the provisions of this subsection shall
			 prepare and maintain the records specified in § 261.1090(d) of this
			 subsection.
(6) Transfer of
			 hazardous secondary materials in or out of a container using Container Level 3
			 controls shall be conducted in such a manner as to minimize exposure of the
			 hazardous secondary materials to the atmosphere, to the extent practical,
			 considering the physical properties of the hazardous secondary materials and
			 good engineering and safety practices for handling flammable, ignitable,
			 explosive, reactive, or other hazardous materials. Examples of container
			 loading procedures that the EPA considers to meet the requirements of this
			 paragraph include using any one of the following: A submerged-fill pipe or
			 other submerged-fill method to load liquids into the container; a
			 vapor-balancing system or a vapor-recovery system to collect and control the
			 vapors displaced from the container during filling operations; or a fitted
			 opening in the top of a container through which the hazardous secondary
			 materials is filled and subsequently purging the transfer line before removing
			 it from the container opening.
(f) For the purpose of compliance with
			 paragraph (c)(1)(i) or (d)(1)(i) of this section, containers shall be used that
			 meet the applicable U.S. Department of Transportation (DOT) regulations on
			 packaging hazardous materials for transportation as follows:
(1) The container meets the applicable
			 requirements specified in 49 CFR part 178 -Specifications for Packaging or 49
			 CFR part 179 - Specifications for Tank Cars.
(2) Hazardous secondary materials is managed
			 in the container in accordance with the applicable requirements specified in 49
			 CFR part 107, subpart B - Exemptions; 49 CFR part 172 - Hazardous Materials
			 Table, Special Provisions, Hazardous Materials Communications, Emergency
			 Response Information, and Training Requirements; 49 CFR part 173 - Shippers
			 -General Requirements for Shipments and Packages; and 49 CFR part 180 -
			 Continuing Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this
			 subsection, no exceptions to the 49 CFR part 178 or part 179 regulations are
			 allowed except as provided for in paragraph (f)(4) of this section.
(4) For a lab pack that is managed in
			 accordance with the requirements of 49 CFR part 178 for the purpose of
			 complying with this subsection, an remanufacturer or other person that stores
			 or treats the hazardous secondary material may comply with the exceptions for
			 combination packagings specified in
			 49 CFR
			 173.12(b).
(g) To determine compliance with the no
			 detectable organic emissions requirements of paragraph (d)(1)(ii) of this
			 section, the procedure specified in § 261.1084(d) of this subsection shall
			 be used.
(h) Procedure for
			 determining a container to be vapor-tight using Method 27 of 40 CFR part 60,
			 appendix A for the purpose of complying with paragraph (d)(1)(iii) of this
			 section.
(1) The test shall be performed in
			 accordance with Method 27 of 40 CFR part 60, appendix A.
(2) A pressure measurement device shall be
			 used that has a precision of " 2.5 mm water and that is capable of measuring
			 above the pressure at which the container is to be tested for vapor
			 tightness.
(3) If the test results
			 determined by Method 27 indicate that the container sustains a pressure change
			 less than or equal to 750 Pascals within 5 minutes after it is pressurized to a
			 minimum of 4,500 Pascals, then the container is determined to be
			 vapor-tight.
§
			 261.1087
Standards: Closed-vent systems and control
			 devices
(a) This section applies to
			 each closed-vent system and control device installed and operated by the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material to control air emissions in accordance with standards of this
			 subsection.
(b) The closed-vent
			 system shall meet the following requirements:
(1) The closed-vent system shall route the
			 gases, vapors, and fumes emitted from the hazardous secondary materials in the
			 waste management unit to a control device that meets the requirements specified
			 in paragraph (c) of this section.
(2) The closed-vent system shall be designed
			 and operated in accordance with the requirements specified in §
			 261.1033(j) of this section.
(3) In
			 the case when the closed-vent system includes bypass devices that could be used
			 to divert the gas or vapor stream to the atmosphere before entering the control
			 device, each bypass device shall be equipped with either a flow indicator as
			 specified in paragraph (b)(3)(i) of this section or a seal or locking device as
			 specified in paragraph (b)(3)(ii) of this section. For the purpose of complying
			 with this paragraph, low leg drains, high point bleeds, analyzer vents,
			 open-ended valves or lines, spring-loaded pressure relief valves, and other
			 fittings used for safety purposes are not considered to be bypass devices.
(i) If a flow indicator is used to comply
			 with paragraph (b)(3) of this section, the indicator shall be installed at the
			 inlet to the bypass line used to divert gases and vapors from the closed-vent
			 system to the atmosphere at a point upstream of the control device inlet. For
			 this paragraph, a flow indicator means a device which indicates the presence of
			 either gas or vapor flow in the bypass line.
(ii) If a seal or locking device is used to
			 comply with paragraph (b)(3) of this section, the device shall be placed on the
			 mechanism by which the bypass device position is controlled (e.g., valve
			 handle, damper lever) when the bypass device is in the closed position such
			 that the bypass device cannot be opened without breaking the seal or removing
			 the lock. Examples of such devices include, but are not limited to, a car-seal
			 or a lock-and-key configuration valve. The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall visually inspect the
			 seal or closure mechanism at least once every month to verify that the bypass
			 mechanism is maintained in the closed position.
(4) The closed-vent system shall be inspected
			 and monitored by the remanufacturer or other person that stores or treats the
			 hazardous secondary material in accordance with the procedure specified in
			 § 261.1033(k).
(c)
			 The control device shall meet the following requirements:
(1) The control device shall be one of the
			 following devices:
(i) A control device
			 designed and operated to reduce the total organic content of the inlet vapor
			 stream vented to the control device by at least 95 percent by weight;
(ii) An enclosed combustion device designed
			 and operated in accordance with the requirements of § 261.1033(c);
			 or
(iii) A flare designed and
			 operated in accordance with the requirements of § 261.1033(d).
(2) The remanufacturer
			 or other person that stores or treats the hazardous secondary material who
			 elects to use a closed-vent system and control device to comply with the
			 requirements of this section shall comply with the requirements specified in
			 paragraphs (c)(2)(i) through (c)(2)(vi) of this section.
(i) Periods of planned routine maintenance of
			 the control device, during which the control device does not meet the
			 specifications of paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this
			 section, as applicable, shall not exceed 240 hours per year.
(ii) The specifications and requirements in
			 paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control
			 devices do not apply during periods of planned routine maintenance.
(iii) The specifications and requirements in
			 paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control
			 devices do not apply during a control device system malfunction.
(iv) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall demonstrate compliance
			 with the requirements of paragraph (c)(2)(i) of this section (i.e., planned
			 routine maintenance of a control device, during which the control device does
			 not meet the specifications of paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii)
			 of this section, as applicable, shall not exceed 240 hours per year) by
			 recording the information specified in § 261.1090(e)(1)(v) of this
			 subsection.
(v) The remanufacturer
			 or other person that stores or treats the hazardous secondary material shall
			 correct control device system malfunctions as soon as practicable after their
			 occurrence in order to minimize excess emissions of air pollutants.
(vi) The remanufacturer or other person that
			 stores or treats the hazardous secondary material shall operate the closed-vent
			 system such that gases, vapors, and/or fumes are not actively vented to the
			 control device during periods of planned maintenance or control device system
			 malfunction (i.e., periods when the control device is not operating or not
			 operating normally) except in cases when it is necessary to vent the gases,
			 vapors, or fumes to avoid an unsafe condition or to implement malfunction
			 corrective actions or planned maintenance actions.
(3) The remanufacturer or other person that
			 stores or treats the hazardous secondary material using a carbon adsorption
			 system to comply with paragraph (c)(1) of this section shall operate and
			 maintain the control device in accordance with the following requirements:
(i) Following the initial startup of the
			 control device, all activated carbon in the control device shall be replaced
			 with fresh carbon on a regular basis in accordance with the requirements of
			 § 261.1033(g) or § 261.1033(h).
(ii) All carbon that is a hazardous secondary
			 materials and that is removed from the control device shall be managed in
			 accordance with the requirements of § 261.1033(m), regardless of the
			 average volatile organic concentration of the carbon.
(4) A remanufacturer or other person that
			 stores or treats the hazardous secondary material using a control device other
			 than a thermal vapor incinerator, flare, boiler, process heater, condenser, or
			 carbon adsorption system to comply with paragraph (c)(1) of this section shall
			 operate and maintain the control device in accordance with the requirements of
			 § 261.1033(i).
(5) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall demonstrate that a control device achieves the performance
			 requirements of paragraph (c)(1) of this section as follows:
(i) A remanufacturer or other person that
			 stores or treats the hazardous secondary material shall demonstrate using
			 either a performance test as specified in paragraph (c)(5)(iii) of this section
			 or a design analysis as specified in paragraph (c)(5)(iv) of this section the
			 performance of each control device except for the following:
(A) A flare;
(B) A boiler or process heater with a design
			 heat input capacity of 44 megawatts or greater;
(C) A boiler or process heater into which the
			 vent stream is introduced with the primary fuel;
(D) A boiler or process heater burning
			 hazardous secondary materials for which the remanufacturer or other person that
			 stores or treats the hazardous secondary material has been issued a final
			 permit under Section 270 and has designed and operates the unit in accordance
			 with the requirements of Section 266, subsection H; or
(E) A boiler or process heater burning
			 hazardous secondary materials for which the remanufacturer or other person that
			 stores or treats the hazardous secondary material has designed and operates in
			 compliance with the interim status requirements of Section 266, subsection
			 H.
(ii) A remanufacturer
			 or other person that stores or treats the hazardous secondary material shall
			 demonstrate the performance of each flare in accordance with the requirements
			 specified in § 261.1033(e).
(iii) For a performance test conducted to
			 meet the requirements of paragraph (c)(5)(i) of this section, the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall use the test methods and procedures specified in §
			 261.1034(c)(1) through (c)(4).
(iv)
			 For a design analysis conducted to meet the requirements of paragraph (c)(5)(i)
			 of this section, the design analysis shall meet the requirements specified in
			 § 261.1035 (b)(4)(iii).
(v)
			 The remanufacturer or other person that stores or treats the hazardous
			 secondary material shall demonstrate that a carbon adsorption system achieves
			 the performance requirements of paragraph (c)(1) of this section based on the
			 total quantity of organics vented to the atmosphere from all carbon adsorption
			 system equipment that is used for organic adsorption, organic desorption or
			 carbon regeneration, organic recovery, and carbon disposal.
(6) If the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material and the Director do not agree on a demonstration of control device
			 performance using a design analysis then the disagreement shall be resolved
			 using the results of a performance test performed by the remanufacturer or
			 other person that stores or treats the hazardous secondary material in
			 accordance with the requirements of paragraph (c)(5)(iii) of this section. The
			 Director may choose to have an authorized representative observe the
			 performance test.
(7) The
			 closed-vent system and control device shall be inspected and monitored by the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material in accordance with the procedures specified in § 261.1033(f)(2)
			 and § 261.1033(k). The readings from each monitoring device required by
			 § 261.1033(f)(2) shall be inspected at least once each operating day to
			 check control device operation. Any necessary corrective measures shall be
			 immediately implemented to ensure the control device is operated in compliance
			 with the requirements of this section.
§ 261.1088
Inspection and
			 monitoring requirements
(a) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall inspect and monitor air emission control equipment used to
			 comply with this subsection in accordance with the applicable requirements
			 specified in § 261.1085 through § 261.1088 of this
			 subsection.
(b) The remanufacturer
			 or other person that stores or treats the hazardous secondary material shall
			 develop and implement a written plan and schedule to perform the inspections
			 and monitoring required by paragraph (a) of this section. The remanufacturer or
			 other person that stores or treats the hazardous secondary material shall
			 incorporate this plan and schedule into the facility inspection plan required
			 under § 261.15.
§
			 261.1089
Recordkeeping requirements
(a) Each remanufacturer or other person that
			 stores or treats the hazardous secondary material of a facility subject to
			 requirements in this subsection shall record and maintain the information
			 specified in paragraphs (b) through (j) of this section, as applicable to the
			 facility. Except for air emission control equipment design documentation and
			 information required by paragraphs (i) and (j) of this section, records
			 required by this section shall be maintained in the operating record for a
			 minimum of 3 years. Air emission control equipment design documentation shall
			 be maintained in the operating record until the air emission control equipment
			 is replaced or otherwise no longer in service. Information required by
			 paragraphs (i) and (j) of this section shall be maintained in the operating
			 record for as long as the tank or container is not using air emission controls
			 specified in §§ 264.1084 through 264.1087 of this subsection in
			 accordance with the conditions specified in § 264.1084(d) of this
			 subsection.
(b) The remanufacturer
			 or other person that stores or treats the hazardous secondary material of a
			 tank using air emission controls in accordance with the requirements of §
			 261.1085 of this subsection shall prepare and maintain records for the tank
			 that include the following information:
(1)
			 For each tank using air emission controls in accordance with the requirements
			 of § 261.1085 of this subsection, the remanufacturer or other person that
			 stores or treats the hazardous secondary material shall record:
(i) A tank identification number (or other
			 unique identification description as selected by the remanufacturer or other
			 person that stores or treats the hazardous secondary material).
(ii) A record for each inspection required by
			 § 261.1085 of this subsection that includes the following information:
(A) Date inspection was conducted.
(B) For each defect detected during the
			 inspection: The location of the defect, a description of the defect, the date
			 of detection, and corrective action taken to repair the defect. In the event
			 that repair of the defect is delayed in accordance with the provisions of
			 § 261.1085 of this subsection, the remanufacturer or other person that
			 stores or treats the hazardous secondary material shall also record the reason
			 for the delay and the date that completion of repair of the defect is expected.
(2) In
			 addition to the information required by paragraph (b)(1) of this section, the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material shall record the following information, as applicable to the tank:
(i) The remanufacturer or other person that
			 stores or treats the hazardous secondary material using a fixed roof to comply
			 with the Tank Level 1 control requirements specified in § 261.1085(c) of
			 this subsection shall prepare and maintain records for each determination for
			 the maximum organic vapor pressure of the hazardous secondary materials in the
			 tank performed in accordance with the requirements of § 261.1085(c) of
			 this subsection. The records shall include the date and time the samples were
			 collected, the analysis method used, and the analysis results.
(ii) The remanufacturer or other person that
			 stores or treats the hazardous secondary material using an internal floating
			 roof to comply with the Tank Level 2 control requirements specified in §
			 261.1085(e) of this subsection shall prepare and maintain documentation
			 describing the floating roof design.
(iii) Owners and operators using an external
			 floating roof to comply with the Tank Level 2 control requirements specified in
			 § 261.1085(f) of this subsection shall prepare and maintain the following
			 records:
(A) Documentation describing the
			 floating roof design and the dimensions of the tank.
(B) Records for each seal gap inspection
			 required by §261.1085(f)(3) of this subsection describing the results of
			 the seal gap measurements. The records shall include the date that the
			 measurements were performed, the raw data obtained for the measurements, and
			 the calculations of the total gap surface area. In the event that the seal gap
			 measurements do not conform to the specifications in §261.1085(f)(1) of
			 this subsection, the records shall include a description of the repairs that
			 were made, the date the repairs were made, and the date the tank was emptied,
			 if necessary.
(iv) Each
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material using an enclosure to comply with the Tank Level 2 control
			 requirements specified in § 261.1085(i) of this subsection shall prepare
			 and maintain the following records:
(A)
			 Records for the most recent set of calculations and measurements performed by
			 the remanufacturer or other person that stores or treats the hazardous
			 secondary material to verify that the enclosure meets the criteria of a
			 permanent total enclosure as specified in "Procedure T - Criteria for and
			 Verification of a Permanent or Temporary Total Enclosure" under
			 40
			 CFR 52.741, Appendix B.
(B) Records required for the closed-vent
			 system and control device in accordance with the requirements of paragraph (e)
			 of this section.
(c) [Reserved]
(d) The remanufacturer or other person that
			 stores or treats the hazardous secondary material of containers using Container
			 Level 3 air emission controls in accordance with the requirements of §
			 261.1087 of this subsection shall prepare and maintain records that include the
			 following information:
(1) Records for the
			 most recent set of calculations and measurements performed by the
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material to verify that the enclosure meets the criteria of a permanent total
			 enclosure as specified in "Procedure T - Criteria for and Verification of a
			 Permanent or Temporary Total Enclosure" under
			 40
			 CFR 52.741, Appendix B.
(2) Records required for the closed-vent
			 system and control device in accordance with the requirements of paragraph (e)
			 of this section.
(e) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material using a closed-vent system and control device in accordance with the
			 requirements of § 261.1088 of this subsection shall prepare and maintain
			 records that include the following information:
(1) Documentation for the closed-vent system
			 and control device that includes:
(i)
			 Certification that is signed and dated by the remanufacturer or other person
			 that stores or treats the hazardous secondary material stating that the control
			 device is designed to operate at the performance level documented by a design
			 analysis as specified in paragraph (e)(1)(ii) of this section or by performance
			 tests as specified in paragraph (e)(1)(iii) of this section when the tank,
			 surface impoundment, or container is or would be operating at capacity or the
			 highest level reasonably expected to occur.
(ii) If a design analysis is used, then
			 design documentation as specified in §261.1035 (b)(4). The documentation
			 shall include information prepared by the remanufacturer or other person that
			 stores or treats the hazardous secondary material or provided by the control
			 device manufacturer or vendor that describes the control device design in
			 accordance with APC&EC Rule No. 23 261.1035(b)(4)(iii) and certification by
			 the remanufacturer or other person that stores or treats the hazardous
			 secondary material that the control equipment meets the applicable
			 specifications.
(iii) If
			 performance tests are used, then a performance test plan as specified in §
			 261.1035(b)(3) and all test results.
(iv) Information as required by §
			 261.1035(c)(1) and § 261.1035(c)(2), as applicable. (v) A remanufacturer
			 or other person that stores or treats the hazardous secondary material shall
			 record, on a semiannual basis, the information specified in paragraphs
			 (e)(1)(v)(A) and (e)(1)(v)(B) of this section for those planned routine
			 maintenance operations that would require the control device not to meet the
			 requirements of § 261.1088(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this
			 subsection, as applicable.
(A) A description
			 of the planned routine maintenance that is anticipated to be performed for the
			 control device during the next 6-month period. This description shall include
			 the type of maintenance necessary, planned frequency of maintenance, and
			 lengths of maintenance periods.
(B)
			 A description of the planned routine maintenance that was performed for the
			 control device during the previous 6-month period. This description shall
			 include the type of maintenance performed and the total number of hours during
			 those 6 months that the control device did not meet the requirements of §
			 261.1088(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
			 applicable, due to planned routine maintenance.
(vi) A remanufacturer or other person that
			 stores or treats the hazardous secondary material shall record the information
			 specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for
			 those unexpected control device system malfunctions that would require the
			 control device not to meet the requirements of § 261.1088(c)(1)(i),
			 (c)(1)(ii), or (c)(1)(iii) of this subsection, as applicable.
(A) The occurrence and duration of each
			 malfunction of the control device system.
(B) The duration of each period during a
			 malfunction when gases, vapors, or fumes are vented from the waste management
			 unit through the closed-vent system to the control device while the control
			 device is not properly functioning.
(C) Actions taken during periods of
			 malfunction to restore a malfunctioning control device to its normal or usual
			 manner of operation.
(vii) Records of the management of carbon
			 removed from a carbon adsorption system conducted in accordance with §
			 261.1088(c)(3)(ii) of this subsection.
(f) The remanufacturer or other person that
			 stores or treats the hazardous secondary material of a tank, surface
			 impoundment, or container exempted from standards in accordance with the
			 provisions of § 261.1083(c) of this subsection shall prepare and maintain
			 the following records, as applicable:
(1) For
			 tanks, surface impoundments, or containers exempted under the hazardous
			 secondary materials organic concentration conditions specified in §
			 261.1083(c)(1) or § 261.1083(c)(2)(i) through (c)(2)(vi) of this
			 subsection, the remanufacturer or other person that stores or treats the
			 hazardous secondary material shall record the information used for each waste
			 determination (e.g., test results, measurements, calculations, and other
			 documentation) in the facility operating log. If analysis results for waste
			 samples are used for the waste determination, then the remanufacturer or other
			 person that stores or treats the hazardous secondary material shall record the
			 date, time, and location that each waste sample is collected in accordance with
			 applicable requirements of § 261.1084 of this subsection.
(2) [Reserved]
(g) A remanufacturer or other person that
			 stores or treats the hazardous secondary material designating a cover as
			 "unsafe to inspect and monitor" pursuant to § 261.1085(l) or §
			 261.1086(g) of this subsection shall record in a log that is kept in the
			 facility operating record the following information: The identification numbers
			 for waste management units with covers that are designated as "unsafe to
			 inspect and monitor," the explanation for each cover stating why the cover is
			 unsafe to inspect and monitor, and the plan and schedule for inspecting and
			 monitoring each cover.
(h) The
			 remanufacturer or other person that stores or treats the hazardous secondary
			 material of a facility that is subject to this subsection and to the control
			 device standards in 40 CFR section 60, subpart VV, or 40 CFR part 61, subpart
			 V, may elect to demonstrate compliance with the applicable sections of this
			 subsection by documentation either pursuant to this subsection, or pursuant to
			 the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to
			 the extent that the documentation required by 40 CFR parts 60 or 61 duplicates
			 the documentation required by this section.
Appendix I to Section 261 -- Representative Sampling
				Methods
The methods and equipment used for sampling waste materials
				will vary with the form and consistency of the waste materials to be sampled.
				Samples collected using the sampling protocols listed below, for sampling waste
				with properties similar to the indicated materials, will be considered by the
				Division to be representative of the waste.
Extremely viscous liquid
-- ASTM
				Standard D140-70
Crushed or powdered material
--
				ASTM Standard D346-75
Soil or rock-like material
-- ASTM Standard D420-69
Soil-like material
--
ASTM Standard D1452-65
Fly Ash-like material
-- ASTM Standard D2234-76 [ASTM Standards are available from
				ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid
				wastes
-- "COLIWASA."
Liquid waste in pits,
				ponds, lagoons, and similar reservoirs.
-- "Pond
				Sampler."
Appendix II to Section 261 - (Reserved).
Appendix III to Section 261 - (Reserved) Chemical
				Analysis Test Methods
Appendix IV to Section 261 -- [Reserved for Radioactive
				Waste Test Methods]
Appendix V to Section 261
-- [Reserved for
				Infectious Waste Treatment Specifications]
Appendix VI to Section 261
-- [Reserved for
				Etiologic Agents]
Appendix VII to Section 261 -- Basis for Listing
				Hazardous Waste
EPA hazardous waste No.
Hazardous constituents for which listed
						  #
F001
Tetrachloroethylene, methylene chloride
						  trichloroethylene, 1,1,1-trichloroethane, carbon tetrachloride, chlorinated
						  fluorocarbons.
F002
Tetrachloroethylene, methylene chloride,
						  trichloroethylene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, chlorobenzene,
						  1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene,
						  trichlorofluoromethane.
F003
N.A.
F004
Cresols and cresylic acid, nitrobenzene.
F005
Toluene, methyl ethyl ketone, carbon disulfide,
						  isobutanol, pyridine, 2-ethoxyethanol, benzene, 2-nitropropane.
F006
Cadmium, hexavalent chromium, nickel, cyanide
						  (complexed).
F007
Cyanide (salts).
F008
Cyanide (salts).
F009
Cyanide (salts).
F010
Cyanide (salts).
F011
Cyanide (salts).
F012
Cyanide (complexed).
F019
Hexavalent chromium, cyanide (complexed).
F020
Tetra- and pentachlorodibenzo-
p
-dioxins; tetra and pentachlorodi-benzofurans; tri-and tetrachlorophenols and
						  their chlorophenoxy derivative acids, esters, ethers, amine and other
						  salts.
F021
Penta- and hexachlorodibenzo-
p-
dioxins; penta- and hexachlorodibenzofurans; pentachlorophenol and its
						  derivatives.
F022
Tetra-, penta-, and hexachlorodibenzo-
p
-dioxins; tetra-, penta-, and hexachlorodibenzofurans.
F023
Tetra-, and pentachlorodibenzo-
p
-dioxins; tetra- and pentachlorodibenzofurans; tri- and tetrachlorophenols and
						  their chlorophenoxy derivative acids, esters, ethers, amine and other
						  salts.
F024
Chloromethane, dichloromethane, trichloromethane,
						  carbon tetrachloride, chloroethylene, 1,1-dichloroethane, 1,2-dichloroethane,
						  trans-1-2-dichloroethylene, 1,1-dichloroethylene, 1,1,1-trichloroethane,
						  1,1,2-trichloroethane, trichloroethylene, 1,1,1,2-tetra-chloroethane,
						  1,1,2,2-tetrachloroethane, tetrachloroethylene, pentachloroethane,
						  hexachloroethane, allyl chloride (3-chloropropene), dichloropropane,
						  dichloropropene, 2-chloro-1,3-butadiene, hexachloro-1,3-butadiene,
						  hexachlorocyclopentadiene, hexachlorocyclohexane, benzene, chlorbenzene,
						  dichlorobenzenes, 1,2,4-trichlorobenzene, tetrachlorobenzene,
						  pentachlorobenzene, hexachlorobenzene, toluene, naphthalene.
F025
Chloromethane; Dichloromethane; Trichloromethane;
						  Carbon tetrachloride; Chloroethylene; 1,1-Dichloroethane; 1,2-Dichloroethane;
						  trans-1,2-Dichloroethylene; 1,1-Dichloroethylene; 1,1,1-Trichloroethane;
						  1,1,2-Trichloroethane; Trichloroethylene; 1,1,1,2-Tetrachloroethane;
						  1,1,2,2-Tetrachloroethane; Tetrachloroethylene; Pentachloroethane;
						  Hexachloroethane; Allyl chloride (3-Chloropropene); Dichloropropane;
						  Dichloropropene; 2-Chloro-1,3-butadiene; Hexachloro-1,3-butadiene;
						  Hexachlorocyclopentadiene; Benzene; Chlorobenzene; Dichlorobenzene;
						  1,2,4-Trichlorobenzene; Tetrachlorobenzene; Pentachlorobenzene;
						  Hexachlorobenzene; Toluene; Naphthalene.
F026
Tetra-, penta-, and hexachlorodibenzo-
p
-dioxins; tetra-, penta-, and hexachlorodibenzofurans.
F027
Tetra-, penta-, and hexachlorodibenzo-
p-
dioxins; tetra-, penta-, and hexachlorodibenzofurans; tri-, tetra-,
						  and pentachlorophenols and their chlorophenoxy derivative acids, esters,
						  ethers, amine and other salts.
F028
Tetra-, penta-, and hexachlorodibenzo-
p-
dioxins; tetra-, penta-, and hexachlorodibenzofurans; tri-, tetra-,
						  and pentachlorophenols and their chlorophenoxy derivative acids, esters,
						  ethers, amine and other salts.
F032
Benz(a)anthracene, benzo(a)pyrene,
						  dibenz(a,h)-anthracene, indeno(1,2,3-cd)pyrene, pentachlorophenol, arsenic,
						  chromium, tetra-, penta-, hexa-, heptachlorodibenzo-p-dioxins, tetra-, penta-,
						  hexa-, heptachlorodibenzofurans.
F034
Benz(a)anthracene, benzo(k)fluoranthene,
						  benzo(a)pyrene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, naphthalene,
						  arsenic, chromium.
F035
Arsenic, chromium, lead.
F037
Benzene, benzo(a)pyrene, chrysene, lead,
						  chromium.
F038
Benzene, benzo(a)pyrene, chrysene, lead,
						  chromium.
F039
All constituents for which treatment standards are
						  specified for multi-source leachate (wastewaters and nonwastewaters) under
						  40 CFR
						  268.43, Table CCW.
K001
Pentachlorophenol, phenol, 2-chlorophenol,
						  p-chloro-m-cresol, 2,4-dimethylphenyl, 2,4-dinitrophenol, trichlorophenols,
						  tetrachlorophenols, 2,4-dinitrophenol, creosote, chrysene, naphthalene,
						  fluoranthene, benzo(b)fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd)pyrene,
						  benz(a)anthracene, dibenz(a)anthracene, acenaphthalene.
K002
Hexavalent chromium, lead
K003
Hexavalent chromium, lead.
K004
Hexavalent chromium.
K005
Hexavalent chromium, lead.
K006
Hexavalent chromium.
K007
Cyanide (complexed), hexavalent chromium.
K008
Hexavalent chromium.
K009
Chloroform, formaldehyde, methylene chloride, methyl
						  chloride, paraldehyde, formic acid.
K010
Chloroform, formaldehyde, methylene chloride, methyl
						  chloride, paraldehyde, formic acid, chloroacetaldehyde.
K011
Acrylonitrile, acetonitrile, hydrocyanic acid.
K013
Hydrocyanic acid, acrylonitrile, acetonitrile.
K014
Acetonitrile, acrylamide.
K015
Benzyl chloride, chlorobenzene, toluene,
						  benzotrichloride.
K016
Hexachlorobenzene, hexachlorobutadiene, carbon
						  tetrachloride, hexachloroethane, perchloroethylene.
K017
Epichlorohydrin, chloroethers [bis(chloromethyl) ether
						  and bis (2-chloroethyl) ethers], trichloropropane, dichloropropanols.
K018
1,2-dichloroethane, trichloroethylene,
						  hexachlorobutadiene, hexachlorobenzene.
K019
Ethylene dichloride, 1,1,1-trichloroethane,
						  1,1,2-trichloroethane, tetrachloroethanes (1,1,2,2-tetrachloroethane and
						  1,1,1,2-tetrachloroethane), trichloroethylene, tetrachloroethylene, carbon
						  tetrachloride, chloroform, vinyl chloride, vinylidene chloride.
K020
Ethylene dichloride, 1,1,1-trichloroethane,
						  1,1,2-trichloroethane, tetrachloroethanes (1,1,2,2-tetrachloroethane and
						  1,1,1,2-tetrachloroethane), trichloroethylene, tetrachloroethylene, carbon
						  tetrachloride, chloroform, vinyl chloride, vinylidene chloride.
K021
Antimony, carbon tetrachloride, chloroform.
K022
Phenol, tars (polycyclic aromatic hydrocarbons).
K023
Phthalic anhydride, maleic anhydride.
K024
Phthalic anhydride, 1,4-naphthoquinone.
K025
Meta-dinitrobenzene, 2,4-dinitrotoluene.
K026
Paraldehyde, pyridines, 2-picoline.
K027
Toluene diisocyanate, toluene-2, 4-diamine.
K028
1,1,1-trichloroethane, vinyl chloride.
K029
1,2-dichloroethane, 1,1,1-trichloroethane, vinyl
						  chloride, vinylidene chloride, chloroform.
K030
Hexachlorobenzene, hexachlorobutadiene,
						  hexachloroethane, 1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane,
						  ethylene dichloride.
K031
Arsenic.
K032
Hexachlorocyclopentadiene.
K033
Hexachlorocyclopentadiene.
K034
Hexachlorocyclopentadiene.
K035
Creosote, chrysene, naphthalene, fluoranthene benzo(b)
						  fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd) pyrene, benzo(a)anthracene,
						  dibenzo(a)anthracene, acenaphthalene.
K036
Toluene, phosphorodithioic and phosphorothioic acid
						  esters.
K037
Toluene, phosphorodithioic and phosphorothioic acid
						  esters.
K038
Phorate, formaldehyde, phosphorodithioic and
						  phosphorothioic acid esters.
K039
Phosphorodithioic and phosphorothioic acid
						  esters.
K040
Phorate, formaldehyde, phosphorodithioic and
						  phosphorothioic acid esters.
K041
Toxaphene.
K042
Hexachlorobenzene, ortho-dichlorobenzene.
K043
2,4-dichlorophenol, 2,6-dichlorophenol,
						  2,4,6-trichlorophenol.
K044
N.A.
K045
N.A.
K046
Lead.
K047
N.A.
K048
Hexavalent chromium, lead.
K049
Hexavalent chromium, lead.
K050
Hexavalent chromium.
K051
Hexavalent chromium, lead.
K052
Lead.
K060
Cyanide, napthalene, phenolic compounds,
						  arsenic.
K061
Hexavalent chromium, lead, cadmium.
K062
Hexavalent chromium, lead.
K069
Hexavalent chromium, lead, cadmium.
K071
Mercury.
K073
Chloroform, carbon tetrachloride, hexachloroethane,
						  trichloroethane, tetrachloroethylene, dichloroethylene,
						  1,1,2,2-tetrachloroethane.
K083
Aniline, diphenylamine, nitrobenzene,
						  phenylenediamine.
K084
Arsenic.
K085
Benzene, dichlorobenzenes, trichlorobenzenes,
						  tetrachlorobenzenes, pentachlorobenzene, hexachlorobenzene, benzyl
						  chloride.
K086
Lead, hexavalent chromium.
K087
Phenol, naphthalene.
K088
Cyanide (complexes).
K093
Phthalic anhydride, maleic anhydride.
K094
Phthalic anhydride.
K095
1,1,2-trichloroethane, 1,1,1,2-tetrachloroethane,
						  1,1,2,2-tetrachloroethane.
K096
1,2-dichloroethane, 1,1,1-trichloroethane,
						  1,1,2-trichloroethane.
K097
Chlordane, heptachlor.
K098
Toxaphene.
K099
2,4-dichlorophenol, 2,4,6-trichlorophenol.
K100
Hexavalent chromium, lead, cadmium.
K101
Arsenic.
K102
Arsenic.
K103
Aniline, nitrobenzene, phenylenediamine.
K104
Aniline, benzene, diphenylamine, nitrobenzene,
						  phenylenediamine.
K105
Benzene, monochlorobenzene, dichlorobenzenes,
						  2,4,6-trichlorophenol.
K106
Mercury.
K107
1,1-Dimethylhydrazine (UDMH).
K108
1,1-Dimethylhydrazine (UDMH).
K109
1,1-Dimethylhydrazine (UDMH).
K110
1,1-Dimethylhydrazine (UDMH).
K111
2,4-Dinitrotoluene.
K112
2,4-Toluenediamine,
o
-toluidine,
p
-toluidine, aniline.
K113
2,4-Toluenediamine,
o
-toluidine,
p
-toluidine, aniline.
K114
2,4-Toluenediamine,
o
-toluidine,
p
-toluidine.
K115
2,4-Toluenediamine.
K116
Carbon tetrachloride, tetrachloroethylene, chloroform,
						  phosgene.
K117
Ethylene dibromide.
K118
Ethylene dibromide.
K123
Ethylene thiourea.
K124
Ethylene thiourea.
K125
Ethylene thiourea.
K126
Ethylene thiourea.
K131
Dimethyl sulfate, methyl bromide.
K132
Methyl bromide.
K136
Ethylene dibromide.
K141
Benzene, benz(a)anthracene, benzo(a)pyrene,
						  benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene,
						  indeno(1,2,3-cd)pyrene.
K142
Benzene, benz(a)anthracene, benzo(a)pyrene,
						  benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene,
						  indeno(1,2,3-cd)pyrene.
K143
Benzene, benz(a)anthracene, benzo(b)fluoranthene,
						  benzo(k)fluoranthene.
K144
Benzene, benz(a)anthracene, benzo(a)pyrene,
						  benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene.
K145
Benzene, benz(a)anthracene, benzo(a)pyrene,
						  dibenz(a,h)anthracene, naphthalene.
K147
Benzene, benz(a)anthracene, benzo(a)pyrene,
						  benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene,
						  indeno(1,2,3-cd)pyrene.
K148
Benz(a)anthracene, benzo(a)pyrene,
						  benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene,
						  indeno(1,2,3-cd)pyrene.
K149
Benzotrichloride, benzyl chloride, chloroform,
						  chloromethane, chlorobenzene, 1,4-dichlorobenzene, hexachlorobenzene,
						  pentachlorobenzene, 1,2,4,5-tetrachlorobenzene, toluene.
K150
Carbon tetrachloride, chloroform, chloromethane,
						  1,4-dichlorobenzene, hexachlorobenzene, pentachlorobenzene,
						  1,2,4,5-tetrachlorobenzene, 1,1,2,2-tetrachloroethane, tetrachloroethylene,
						  1,2,4-trichlorobenzene.
K151
Benzene, carbon tetrachloride, chloroform,
						  hexachlorobenzene, pentachlorobenzene, toluene, 1,2,4,5-tetrachlorobenzene,
						  tetrachloroethylene.
K156
Benomyl, carbaryl, carbendazim, carbofuran,
						  carbosulfan, formaldehyde, methylene chloride, triethylamine.
K157
Carbon tetrachloride, formaldehyde, methyl chloride,
						  methylene chloride, pyridine, triethylamine.
K158
Benomyl, carbendazim, carbofuran, carbosulfan,
						  chloroform, methylene chloride.
K159
Benzene, butylate, eptc, molinate, pebulate,
						  vernolate.
K161
Antimony, arsenic, metam-sodium, ziram.
K169
Benzene.
K170
Benzo(a)pyrene, dibenz(a,h)anthracene, benzo (a)
						  anthracene, benzo (b)fluoranthene, benzo(k)fluoranthene, 3-methylcholanthrene,
						  7, 12-dimethylbenz(a)anthracene.
K171
Benzene, arsenic.
K172
Benzene, arsenic.
K174
1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin
						  (1,2,3,4,6,7,8-HpCDD), 1,2,3,4,6,7,8-Heptachlorodibenzofuran
						  (1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9-Heptachlorodibenzofuran
						  (1,2,3,6,7,8,9-HpCDF), HxCDDs (All Hexachlorodibenzo-p-dioxins), HxCDFs (All
						  Hexachlorodibenzofurans), PeCDDs (All Pentachlorodibenzo-p-dioxins), OCDD
						  (1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin, OCDF
						  (1,2,3,4,6,7,8,9-Octachlorodibenzofuran), PeCDFs (All
						  Pentachlorodibenzofurans), TCDDs (All tetrachlorodi-benzo-p-dioxins), TCDFs
						  (All tetrachlorodibenzofurans).
K175
Mercury
K176
Arsenic, Lead.
K177
Antimony.
K178
Thallium.
K181
Aniline, o-anisidine, 4-chloroaniline, p-cresidine,
						  2,4-dimethylaniline, 1,2-phenylenediamine, 1,3-phenylenediamine.
FOOTNOTE: N.A. -- Waste is hazardous because it fails the test
				for the characteristic of ignitability, corrosivity, or reactivity.
§ 261 Appendix VIII - Hazardous
				Constituents
Common name
Chemical abstracts name
Chemical
abstracts
No.
Hazardous waste No.
A2213
Ethanimidothioic acid, 2-(dimethylamino)
						  -N-hydroxy-2-oxo-, methyl ester
30558-43-1
U394
Acetonitrile
Same
75-05-8
U003
Acetophenone
Ethanone, 1-phenyl-
98-86-2
U004
2-Acetylaminefluarone
Acetamide, N-9H-fluoren-2-yl-
53-96-3
U005
Acetyl chloride
Same
75-36-5
U006
1-Acetyl-2-thiourea
Acetamide, N-(aminothioxomethyl)-
591-08-2
P002
Acrolein
2-Propenal
107-02-8
P003
Acrylamide
2-Propenamide
79-06-1
U007
Acrylonitrile
2-Propenenitrile
107-13-1
U009
Aflatoxins
Same
1402-68-2
Aldicarb
Propanal, 2-methyl-2-(methylthio)-,
						  O-[(methylamino)carbonyl]oxime
116-06-3
P070
Aldicarb sulfone
Propanal, 2-methyl-2- (methylsulfonyl) -,
						  O-[(methylamino) carbonyl] oxime
1646-88-4
P203
Aldrin
1,4,5,8-Dimethanonaphthalene,
						  1,2,3,4,10,10-10-hexachloro-1,4,4a,5,8,8a-hexahydro-,
309-00-2
P004
(1alpha,4alpha,4abeta,5alpha,8alpha, 8abeta)-
Allyl alcohol
2-Propen-1-ol
107-18-6
P005
Allyl chloride
1-Propane, 3-chloro
107-05-1
Aluminum phosphide
Same
20859-73-8
P006
4-Aminobiphenyl
[1,1'-Biphenyl]-4-amine
92-67-1
5-(Aminomethyl)-3-isoxazolol
3(2H)-Isoxazolone, 5-(aminomethyl)-
2763-96-4
P007
4-Aminopyridine
4-Pyridinamine
504-24-5
P008
Amitrole
1H-1,2,4-Triazol-3-amine
61-82-5
U011
Ammonium vanadate
Vanadic acid, ammonium salt
7803-55-6
P119
Aniline
Benzenamine
62-53-3
U012
o-Anisidine (2-methoxyaniline)
Benzenamine, 2-Methoxy-
90-04-0
Antimony
Same
7440-36-0
Antimony compounds,
						  N.O.S.1
Aramite
Sulfurous acid, 2-chloroethyl
						  2-[4-(1,1-dimethylethyl)phenoxy]-1-methylethyl ester
140-57-8
Arsenic
Same
7440-38-2
Arsenic compounds,
						  N.O.S.1
Arsenic acid
Arsenic acid H3
						  AsO4
7778-39-4
P010
Arsenic pentoxide
Arsenic oxide As2
						  O5
1303-28-2
P011
Arsenic trioxide
Arsenic oxide As2
						  O3
1327-53-3
P012
Auramine
Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl
492-80-8
U014
Azaserine
L-Serine, diazoacetate (ester)
115-02-6
U015
Barban
Carbamic acid, (3-chlorophenyl) -, 4-
101-27-9
U280
chloro-2-butynyl ester
Barium
Same
7440-39-3
Barium compounds,
						  N.O.S.1
Barium cyanide
Same
542-62-1
P013
Bendiocarb
1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl
						  carbamate
22781-23-3
U278
Bendiocarb phenol
1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
22961-82-6
U364
Benomyl
Carbamic acid, [1- [(butylamino) carbonyl]-
						  1H-benzimidazol-2-yl] -, methyl ester
17804-35-2
U271
Benz[c]acridine
Same
225-51-4
U016
Benz[a]anthracene
Same
56-55-3
U018
Benzal chloride
Benzene, (dichloromethyl)-
98-87-3
U017
Benzene
Same
71-43-2
U019
Benzenearsonic acid
Arsonic acid, phenyl-
98-05-5
Benzidine
[1,1'-Biphenyl]-4,4 '-diamine
92-87-5
U021
Benzo[b]fluoranthene
Benz[e]acephenanthrylene
205-99-2
Benzo[j]fluoranthene
Same
205-82-3
Benzo(k)fluoranthene
Same
207-08-9
Benzo[a]pyrene
Same
50-32-8
U022
p-Benzoquinone
2,5-Cyclohexadiene-1,4-dione
106-51-4
U197
Benzotrichloride
Benzene, (trichloromethyl)-
98-07-7
U023
Benzyl chloride
Benzene, (chloromethyl)-
100-44-7
P028
Beryllium powder
Same
7440-41-7
P015
Beryllium compounds,
						  N.O.S.1
Bis(pentamethylene)-thiuram tetrasulfide
Piperidine, 1,1'-(tetrathiodicarbonothioyl)-bis-
120-54-7
Bromoacetone
2-Propanone, 1-bromo-
598-31-2
P017
Bromoform
Methane, tribromo-
75-25-2
U225
4-Bromophenyl phenyl ether
Benzene, 1-bromo-4-phenoxy-
101-55-3
U030
Brucine
Strychnidin-10-one, 2,3-dimethoxy-
357-57-3
P018
Butyl benzyl phthalate
1,2-Benzenedicarboxylic acid, butyl phenylmethyl
						  ester
85-68-7
Butylate
Carbamothioic acid, bis(2-methylpropyl)-, S-ethyl
						  ester
2008-41-5
Cacodylic acid
Arsinic acid, dimethyl-
75-60-5
U136
Cadmium
Same
7440-43-9
Cadmium compounds,
						  N.O.S.1
Calcium chromate
Chromic acid H2
						  CrO4, calcium salt
13765-19-0
U032
Calcium cyanide
Calcium cyanide Ca(CN)2
592-01-8
P021
Carbaryl
1-Naphthalenol, methylcarbamate
63-25-2
U279
Carbendazim
Carbamic acid, 1H-benzimidazol-2-yl, methyl
						  ester
10605-21-7
U372
Carbofuran
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-,
						  methylcarbamate
1563-66-2
P127
Carbofuran phenol
7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-
1563-38-8
U367
Carbon disulfide
Same
75-15-0
P022
Carbon oxyfluoride
Carbonic difluoride
353-50-4
U033
Carbon tetrachloride
Methane, tetrachloro-
56-23-5
U211
Carbosulfan
Carbamic acid, [(dibutylamino) thio] methyl-,
						  2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester
55285-14-8
P189
Chloral
Acetaldehyde, trichloro-
75-87-6
U034
Chlorambucil
Benzenebutanoic acid,
						  4-[bis(2-chloroethyl)amino]-
305-03-3
U035
Chlordane
4,7-Methano-1H-indene,
						  1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-
57-74-9
U036
Chlordane (alpha and gamma isomers)
U036
Chlorinated benzenes,
						  N.O.S.1
Chlorinated ethane,
						  N.O.S.1
Chlorinated fluorocarbons,
N.O.S.1
Chlorinated naphthalene,
N.O.S.1
Chlorinated phenol,
						  N.O.S.1
Chlornaphazin
Naphthalenamine, N,N'-bis(2-chloroethyl)-
494-03-1
U026
Chloroacetaldehyde
Acetaldehyde, chloro-
107-20-0
P023
Chloroalkyl ethers,
						  N.O.S.1
p-Chloroaniline
Benzenamine, 4-chloro-
106-47-8
P024
Chlorobenzene
Benzene, chloro-
108-90-7
U037
Chlorobenzilate
Benzeneacetic acid,
						  4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester
510-15-6
U038
p-Chloro-m-cresol
Phenol, 4-chloro-3-methyl-
59-50-7
U039
2-Chloroethyl vinyl ether
Ethene, (2-chloroethoxy)-
110-75-8
U042
Chloroform
Methane, trichloro-
67-66-3
U044
Chloromethyl methyl ether
Methane, chloromethoxy-
107-30-2
U046
beta-Chloronaphthalene
Naphthalene, 2-chloro-
91-58-7
U047
o-Chlorophenol
Phenol, 2-chloro-
95-57-8
U048
1-(o-Chlorophenyl)thiourea
Thiourea, (2-chlorophenyl)-
5344-82-1
P026
Chloroprene
1,3-Butadiene, 2-chloro-
126-99-8
3-Chloropropionitrile
Propanenitrile, 3-chloro-
542-76-7
P027
Chromium
Same
7440-47-3
Chromium compounds,
						  N.O.S.1
Chrysene
Same
218-01-9
U050
Citrus red No. 2
2-Naphthalenol, 1-[(2,5-dimethoxyphenyl)azo]-
6358-53-8
Coal tar creosote
Same
8007-45-2
Copper cyanide
Copper cyanide CuCN
544-92-3
P029
Copper dimethyldithiocarbamate
Copper, bis(dimethylcarbamodithioato-S,S')-,
137-29-1
Creosote
Same
U051
p-Cresidine
2-Methoxy-5-methylbenzenamine
120-71-8
Cresol (Cresylic acid)
Phenol, methyl-
1319-77-3
U052
Crotonaldehyde
2-Butenal
4170-30-3
U053
m-Cumenyl methylcarbamate
Phenol, 3-(methylethyl)-, methyl carbamate
64-00-6
P202
Cyanides (soluble salts and complexes)
						  N.O.S.1
P030
Cyanogen
Ethanedinitrile
460-19-5
P031
Cyanogen bromide
Cyanogen bromide (CN)Br
506-68-3
U246
Cyanogen chloride
Cyanogen chloride (CN)Cl
506-77-4
P033
Cycasin
beta-D-Glucopyranoside, (methyl-ONN-azoxy)methyl
14901-08-7
Cycloate
Carbamothioic acid, cyclohexylethyl-, S-ethyl
						  ester
1134-23-2
2-Cyclohexyl-4,6-dinitrophenol
Phenol, 2-cyclohexyl-4,6-dinitro-
131-89-5
P034
Cyclophosphamide
2H-1,3,2-Oxazaphosphorin-2-amine,
						  N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide
50-18-0
U058
2,4-D
Acetic acid, (2,4-dichlorophenoxy)-
94-75-7
U240
2,4-D, salts, esters
U240
Daunomycin
5,12-Naphthacenedione,
						  8-acetyl-10-[(3-amino-2,3,6-trideoxy-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-,
						  (8S-cis)-
20830-81-3
U059
Dazomet
2H-1,3,5-thiadiazine-2-thione,
						  tetrahydro-3,5-dimethyl
533-74-4
DDD
Benzene,
						  1,1'-(2,2-dichloroethylidene)bis[4-chloro-
72-54-8
U060
DDE
Benzene,
						  1,1'-(dichloroethenylidene)bis[4-chloro-
72-55-9
DDT
Benzene,
						  1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-
50-29-3
U061
Diallate
Carbamothioic acid, bis(1-methylethyl)-,
						  S-(2,3-dichloro-2-propenyl) ester
2303-16-4
U062
Dibenz[a,h]acridine
Same
226-36-8
Dibenz[a,j]acridine
Same
224-42-0
Dibenz[a,h]anthracene
Same
53-70-3
U063
7H-Dibenzo[c,g]carbazole
Same
194-59-2
Dibenzo[a,e]pyrene
Naphtho[1,2,3,4-def]chrysene
192-65-4
Dibenzo[a,h]pyrene
Dibenzo[b,def]chrysene
189-64-0
Dibenzo[a,i]pyrene
Benzo[rst]pentaphene
189-55-9
U064
1,2-Dibromo-3-chloropropane
Propane, 1,2-dibromo-3-chloro-
96-12-8
U066
Dibutyl phthalate
1,2-Benzenedicarboxylic acid, dibutyl ester
84-74-2
U069
o-Dichlorobenzene
Benzene, 1,2-dichloro-
95-50-1
U070
m-Dichlorobenzene
Benzene, 1,3-dichloro-
541-73-1
U071
p-Dichlorobenzene
Benzene, 1,4-dichloro-
106-46-7
U072
Dichlorobenzene,
						  N.O.S.1
Benzene, dichloro-
25321-22-6
3,3'-Dichlorobenzidine
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-
91-94-1
U073
1,4-Dichloro-2-butene
2-Butene, 1,4-dichloro-
764-41-0
U074
Dichlorodifluoromethane
Methane, dichlorodifluoro-
75-71-8
U075
Dichloroethylene,
						  N.O.S.1
Dichloroethylene
25323-30-2
1,1-Dichloroethylene
Ethene, 1,1-dichloro-
75-35-4
U078
1,2-Dichloroethylene
Ethene, 1,2-dichloro-, (E)-
156-60-5
U079
Dichloroethyl ether
Ethane, 1,1'oxybis[2-chloro-
111-44-4
U025
Dichloroisopropyl ether
Propane, 2,2'-oxybis[2-chloro-
108-60-1
U027
Dichloromethoxy ethane
Ethane, 1,1 '-[methylenebis(oxy)]bis[2-chloro-
111-91-1
U024
Dichloromethyl ether
Methane, oxybis[chloro-
542-88-1
P016
2,4-Dichlorophenol
Phenol, 2,4-dichloro-
120-83-2
U081
2,6-Dichlorophenol
Phenol, 2,6-dichloro-
87-65-0
U082
Dichlorophenylarsine
Arsonous dichloride, phenyl-
696-28-6
P036
Dichloropropane,
						  N.O.S.1
Propane, dichloro-
26638-19-7
Dichloropropanol,
						  N.O.S.1
Propanol, dichloro-
26545-73-3
Dichloropropene,
						  N.O.S.1
1-Propene, dichloro-
26952-23-8
1,3-Dichloropropene
1-Propene, 1,3-dichloro-
542-75-6
U084
Dieldrin
2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
						  3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,
						  (1aalpha,2beta,2aalpha,3beta,6beta, 6aalpha,7beta,7aalpha)-
60-57-1
P037
1,2:3,4-Diepoxybutane
2,2'-Bioxirane
1464-53-5
U085
Diethylarsine
Arsine, diethyl-
692-42-2
P038
Diethylene glycol, dicarbamate
Ethanol, 2,2'-oxybis-, dicarbamate
5952-26-1
U395
1,4-Diethyleneoxide
1,4-Dioxane
123-91-1
U108
Diethylhexyl phthalate
1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)
						  ester
117-81-7
U028
N,N'-Diethylhydrazine
Hydrazine, 1,2-diethyl-
1615-80-1
U086
O,O-Diethyl S-methyl dithiophosphate
Phosphorodithioic acid, O,O-diethyl S-methyl
						  ester
3288-58-2
U087
Diethyl-p-nitrophenyl phosphate
Phosphoric acid, diethyl 4-nitrophenyl ester
311-45-5
P041
Diethyl phthalate
1,2-Benzenedicarboxylic acid, diethyl ester
84-66-2
U088
O,O-Diethyl O-pyrazinylphosphoro-thioate
Phosphorothioic acid, O,O-diethyl O-pyrazinyl
						  ester
297-97-2
P040
Diethylstilbesterol
Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-,
						  (E)-
56-53-1
U089
Dihydrosafrole
1,3-Benzodioxole, 5-propyl-
94-58-6
U090
Diisopropylfluorophosphate (DFP)
Phosphorofluoridic acid, bis(1-methylethyl)
						  ester
55-91-4
P043
Dimethoate
Phosphorodithioic acid, O,O-dimethyl
						  S-[2-(methylamino)-2-oxoethyl] ester
60-51-5
P044
3,3'-Dimethoxybenzidine
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy-
119-90-4
U091
p-Dimethylaminoazobenzene
Benzenamine, N,N-dimethyl-4-(phenylazo)-
60-11-7
U093
2,4-Dimethylaniline (2,4-xylidine)
Benzenamine, 2,4-dimethyl-
95-68-1
7,12-Dimethylbenz[a]anthracene
Benz[a]anthracene, 7,12-dimethyl-
57-97-6
U094
3,3'-Dimethylbenzidine
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-
119-93-7
U095
Dimethylcarbamoyl chloride
Carbamic chloride, dimethyl-
79-44-7
U097
1,1-Dimethylhydrazine
Hydrazine, 1,1-dimethyl-
57-14-7
U098
1,2-Dimethylhydrazine
Hydrazine, 1,2-dimethyl-
540-73-8
U099
alpha,alpha-Dimethylphenethylamine
Benzeneethanamine, alpha,alpha-dimethyl-
122-09-8
P046
2,4-Dimethylphenol
Phenol, 2,4-dimethyl-
105-67-9
U101
Dimethyl phthalate
1,2-Benzenedicarboxylic acid, dimethyl ester
131-11-3
U102
Dimethyl sulfate
Sulfuric acid, dimethyl ester
77-78-1
U103
Dimetilan
Carbamic acid, dimethyl-, 1-[(dimethylamino)
						  carbonyl]-5-methyl-1H-pyrazol-3-yl ester
644-64-4
P191
Dinitrobenzene,
						  N.O.S.1
Benzene, dinitro-
25154-54-5
4,6-Dinitro-o-cresol
Phenol, 2-methyl-4,6-dinitro-
534-52-1
P047
4,6-Dinitro-o-cresol salts
P047
2,4-Dinitrophenol
Phenol, 2,4-dinitro-
51-28-5
P048
2,4-Dinitrotoluene
Benzene, 1-methyl-2,4-dinitro-
121-14-2
U105
2,6-Dinitrotoluene
Benzene, 2-methyl-1,3-dinitro-
606-20-2
U106
Dinoseb
Phenol, 2-(1-methylpropyl)-4,6-dinitro-
88-85-7
P020
Di-n-octyl phthalate
1,2-Benzenedicarboxylic acid, dioctyl ester
117-84-0
U017
Diphenylamine
Benzenamine, N-phenyl-
122-39-4
1,2-Diphenylhydrazine
Hydrazine, 1,2-diphenyl-
122-66-7
U109
Di-n-propylnitrosamine
1-Propanamine, N-nitroso-N-propyl-
621-64-7
U111
Disulfiram
Thioperoxydicarbonic diamide, tetraethyl
97-77-8
Disulfoton
Phosphorodithioic acid, O,O-diethyl
						  S-[2-(ethylthio)ethyl] ester
298-04-4
P039
Dithiobiuret
Thioimidodicarbonic diamide
						  [(H2
N)C(S)]2 NH
541-53-7
P049
Endosulfan
6,9-Methano-2,4,3-benzodioxathiepin,
						  6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide
115-29-7
P050
Endothall
7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid
145-73-3
P088
Endrin
2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
						  3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octa-hydro-,
						  (1aalpha,2beta,2abeta,3alpha,6alpha, 6abeta,7beta,7aalpha)-
72-20-8
P051
Endrin metabolites
P051
Epichlorohydrin
Oxirane, (chloromethyl)-
106-89-8
U041
Epinephrine
1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-,
						  (R)-
51-43-4
P042
EPTC
Carbamothioic acid, dipropyl-, S-ethyl ester
759-94-4
Ethyl carbamate (urethane)
Carbamic acid, ethyl ester
51-79-6
U238
Ethyl cyanide
Propanenitrile
107-12-0
P101
Ethyl Ziram
Zinc, bis(diethylcarbamodithioato-S,S')-
14324-55-1
Ethylenebisdithiocarbamic acid
Carbamodithioic acid, 1,2-ethanediylbis-
111-54-6
U114
Ethylenebisdithiocarbamic acid, salts and esters
U114
Ethylene dibromide
Ethane, 1,2-dibromo-
106-93-4
U067
Ethylene dichloride
Ethane, 1,2-dichloro-
107-06-2
U077
Ethylene glycol monoethyl ether
Ethanol, 2-ethoxy-
110-80-5
U359
Ethyleneimine
Aziridine
151-56-4
P054
Ethylene oxide
Oxirane
75-21-8
U115
Ethylenethiourea
2-Imidazolidinethione
96-45-7
U116
Ethylidene dichloride
Ethane, 1,1-dichloro-
75-34-3
U076
Ethyl methacrylate
2-Propenoic acid, 2-methyl-, ethyl ester
97-63-2
U118
Ethyl methanesulfonate
Methanesulfonic acid, ethyl ester
62-50-0
U119
Famphur
Phosphorothioic acid,
						  O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester
52-85-7
P097
Ferbam
Iron, tris(dimethylcarbamodithioato-S,S')-
14484-64-1
Fluoranthene
Same
206-44-0
U120
Fluorine
Same
7782-41-4
P056
Fluoroacetamide
Acetamide, 2-fluoro-
640-19-7
P057
Fluoroacetic acid, sodium salt
Acetic acid, fluoro-, sodium salt
62-74-8
P058
Formaldehyde
Same
50-00-0
U122
Formetanate hydrochloride
Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)
						  carbonyl]oxy]phenyl]-, monohydrochloride
23422-53-9
P198
Formic acid
Same
64-18-6
U123
Formparanate
Methanimidamide, N,N-dimethyl-N'-[2-
methyl-4-[[(methylamino)
carbonyl]oxy]phenyl]-
17702-57-7
P197
Glycidylaldehyde
Oxiranecarboxyaldehyde
765-34-4
U126
Halomethanes, N.O.S.1
Heptachlor
4,7-Methano-1H-indene,
						  1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-
76-44-8
P059
Heptachlor epoxide
2,5-Methano-2H-indeno[1,2-b]oxirene,
						  2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a-hexa- hydro-,
						  (1aalpha,1bbeta,2alpha,5alpha, 5abeta,6beta,6aalpha)-
1024-57-3
Heptachlor epoxide (alpha, beta, and gamma
						  isomers)
Heptachlorodibenzofurans
Heptachlorodibenzo-p-dioxins
Hexachlorobenzene
Benzene, hexachloro-
118-74-1
U127
Hexachlorobutadiene
1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
87-68-3
U128
Hexachlorocyclopentadiene
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
77-47-4
U130
Hexachlorodibenzo-p-dioxins
Hexachlorodibenzofurans
Hexachloroethane
Ethane, hexachloro-
67-72-1
U131
Hexachlorophene
Phenol, 2,2'-methylenebis[3,4,6-trichloro-
70-30-4
U132
Hexachloropropene
1-Propene, 1,1,2,3,3,3-hexachloro-
1888-71-7
U243
Hexaethyl tetraphosphate
Tetraphosphoric acid, hexaethyl ester
757-58-4
P062
Hydrazine
Same
302-01-2
U133
Hydrogen cyanide
Hydrocyanic acid
74-90-8
P063
Hydrogen fluoride
Hydrofluoric acid
7664-39-3
U134
Hydrogen sulfide
Hydrogen sulfide H2 S
7783-06-4
U135
Indeno[1,2,3-cd]pyrene
Same
193-39-5
U137
3-Iodo-2-propynyl n-butylcarbamate
Carbamic acid, butyl-, 3-iodo-2-propynyl ester
55406-53-6
Isobutyl alcohol
1-Propanol, 2-methyl-
78-83-1
U140
Isodrin
1,4,5,8-Dimethanonaphthalene,
						  1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,
						  8beta,8abeta)-
465-73-6
P060
Isolan
Carbamic acid, dimethyl-,
						  3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester
119-38-0
P192
Isosafrole
1,3-Benzodioxole, 5-(1-propenyl)-
120-58-1
U141
Kepone
1,3,4-Metheno-2H-
143-50-0
U142
cyclobuta[cd]pentalen-2-one,
						  1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-
Lasiocarpine
2-Butenoic acid,
						  2-methyl-,7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl
						  ester,
[1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
303-34-4
U143
Lead
Same
7439-92-1
Lead compounds,
						  N.O.S.1
Lead acetate
Acetic acid, lead(2 + ) salt
301-04-2
U144
Lead phosphate
Phosphoric acid, lead(2 + ) salt (2:3)
7446-27-7
U145
Lead subacetate
Lead, bis(acetato-O)tetrahydroxytri-
1335-32-6
U146
Lindane
Cyclohexane, 1,2,3,4,5,6-hexachloro-,
(1alpha,2alpha,3beta,4alpha,
5alpha,6beta)-
58-89-9
U129
Maleic anhydride
2,5-Furandione
108-31-6
U147
Maleic hydrazide
3,6-Pyridazinedione, 1,2-dihydro-
123-33-1
U148
Malononitrile
Propanedinitrile
109-77-3
U149
Manganese dimethyldithiocarbamate
Manganese, bis(dimethylcarbamodithioato-S,S')-,
15339-36-3
P196
Melphalan
L-Phenylalanine, 4-[bis(2-chloroethyl)aminol]-
148-82-3
U150
Mercury
Same
7439-97-6
U151
Mercury compounds,
						  N.O.S.1
Mercury fulminate
Fulminic acid, mercury(2 + ) salt
628-86-4
P065
Metam Sodium
Carbamodithioic acid, methyl-, monosodium salt
137-42-8
Methacrylonitrile
2-Propenenitrile, 2-methyl-
126-98-7
U152
Methapyrilene
1,2-Ethanediamine,
						  N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-
91-80-5
U155
Methiocarb
Phenol, (3,5-dimethyl-4-(methylthio)-,
						  methylcarbamate
2032-65-7
P199
Methomyl
Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-,
						  methyl ester
16752-77-5
P066
Methoxychlor
Benzene,
						  1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy-
72-43-5
U247
Methyl bromide
Methane, bromo-
74-83-9
U029
Methyl chloride
Methane, chloro-
74-87-3
U045
Methyl chlorocarbonate
Carbonochloridic acid, methyl ester
79-22-1
U156
Methyl chloroform
Ethane, 1,1,1-trichloro-
71-55-6
U226
3-Methylcholanthrene
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-
56-49-5
U157
4,4'-Methylenebis(2-chloroaniline)
Benzenamine, 4,4'-methylenebis[2-chloro-
101-14-4
U158
Methylene bromide
Methane, dibromo-
74-95-3
U068
Methylene chloride
Methane, dichloro-
75-09-2
U080
Methyl ethyl ketone (MEK)
2-Butanone
78-93-3
U159
Methyl ethyl ketone peroxide
2-Butanone, peroxide
1338-23-4
U160
Methyl hydrazine
Hydrazine, methyl-
60-34-4
P068
Methyl iodide
Methane, iodo-
74-88-4
U138
Methyl isocyanate
Methane, isocyanato-
624-83-9
P064
2-Methyllactonitrile
Propanenitrile, 2-hydroxy-2-methyl-
75-86-5
P069
Methyl methacrylate
2-Propenoic acid, 2-methyl-, methyl ester
80-62-6
U162
Methyl methanesulfonate
Methanesulfonic acid, methyl ester
66-27-3
Methyl parathion
Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl)
						  ester
298-00-0
P071
Methylthiouracil
4(1H)-Pyrimidinone,
						  2,3-dihydro-6-methyl-2-thioxo-
56-04-2
U164
Metolcarb
Carbamic acid, methyl-, 3-methylphenyl ester
1129-41-5
P190
Mexacarbate
Phenol, 4-(dimethylamino)-3,5-dimethyl-,
						  methylcarbamate (ester)
315-18-4
P128
Mitomycin C
Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione,
6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-,
						  [1aS-(1aalpha,8beta,8aalpha,8balpha)]-.
50-07-7
U010
MNNG
Guanidine, N-methyl-N'-nitro-N-nitroso-
70-25-7
U163
Molinate
1H-Azepine-1-carbothioic acid, hexahydro-, S-ethyl
						  ester
2212-67-1
Mustard gas
Ethane, 1,1'-thiobis[2-chloro-
505-60-2
Naphthalene
Same
91-20-3
U165
1,4-Naphthoquinone
1,4-Naphthalenedione
130-15-4
U166
alpha-Naphthylamine
1-Naphthalenamine
134-32-7
U167
beta-Naphthylamine
2-Naphthalenamine
91-59-8
U168
alpha-Naphthylthiourea
Thiourea, 1-naphthalenyl-
86-88-4
P072
Nickel
Same
7440-02-0
Nickel compounds,
						  N.O.S.1
Nickel carbonyl
Nickel carbonyl Ni(CO)4,
						  (T-4)-
13463-39-3
P073
Nickel cyanide
Nickel cyanide Ni(CN)2
557-19-7
P074
Nicotine
Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-
54-11-5
P075
Nicotine salts
P075
Nitric oxide
Nitrogen oxide NO
10102-43-9
P076
p-Nitroaniline
Benzenamine, 4-nitro-
100-01-6
P077
Nitrobenzene
Benzene, nitro-
98-95-3
U169
Nitrogen dioxide
Nitrogen oxide NO2
10102-44-0
P078
Nitrogen mustard
Ethanamine, 2-chloro-N-(2-chloroethyl)-N-methyl-
51-75-2
Nitrogen mustard, hydrochloride salt
Nitrogen mustard N-oxide
Ethanamine, 2-chloro-N-(2-chloroethyl)-N-methyl-,
						  N-oxide
126-85-2
Nitrogen mustard, N-oxide, hydro- chloride salt
Nitroglycerin
1,2,3-Propanetriol, trinitrate
55-63-0
P081
p-Nitrophenol
Phenol, 4-nitro-
100-02-7
U170
2-Nitropropane
Propane, 2-nitro-
79-46-9
U171
Nitrosamines, N.O.S.1
35576-91-1
N-Nitrosodi-n-butylamine
1-Butanamine, N-butyl-N-nitroso-
924-16-3
U172
N-Nitrosodiethanolamine
Ethanol, 2,2'-(nitrosoimino)bis-
1116-54-7
U173
N-Nitrosodiethylamine
Ethanamine, N-ethyl-N-nitroso-
55-18-5
U174
N-Nitrosodimethylamine
Methanamine, N-methyl-N-nitroso-
62-75-9
P082
N-Nitroso-N-ethylurea
Urea, N-ethyl-N-nitroso-
759-73-9
U176
N-Nitrosomethylethylamine
Ethanamine, N-methyl-N-nitroso-
10595-95-6
N-Nitroso-N-methylurea
Urea, N-methyl-N-nitroso-
684-93-5
U177
N-Nitroso-N-methylurethane
Carbamic acid, methylnitroso-, ethyl ester
615-53-2
U178
N-Nitrosomethylvinylamine
Vinylamine, N-methyl-N-nitroso-
4549-40-0
P084
N-Nitrosomorpholine
Morpholine, 4-nitroso-
59-89-2
N-Nitrosonornicotine
Pyridine, 3-(1-nitroso-2-pyrrolidinyl)-, (S)-
16543-55-8
N-Nitrosopiperidine
Piperidine, 1-nitroso-
100-75-4
U179
N-Nitrosopyrrolidine
Pyrrolidine, 1-nitroso-
930-55-2
U180
N-Nitrososarcosine
Glycine, N-methyl-N-nitroso-
13256-22-9
5-Nitro-o-toluidine
Benzenamine, 2-methyl-5-nitro-
99-55-8
U181
Octachlorodibenzo-p-dioxin (OCDD)
1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin
3268-87-9
Octachlorodibenzofuran (OCDF)
1,2,3,4,6,7,8,9-Octachlorodibenofuran
39001-02-0
Octamethylpyrophosphoramide
Diphosphoramide, octamethyl-
152-16-9
P085
Osmium tetroxide
Osmium oxide OsO4, (T-4)-
20816-12-0
P087
Oxamyl
Ethanimidothioc acid,
						  2-(dimethylamino)-N-[[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester
23135-22-0
P194
Paraldehyde
1,3,5-Trioxane, 2,4,6-trimethyl-
123-63-7
U182
Parathion
Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl)
						  ester
56-38-2
P089
Pebulate
Carbamothioic acid, butylethyl-, S-propyl ester
1114-71-2
Pentachlorobenzene
Benzene, pentachloro-
608-93-5
U183
Pentachlorodibenzo-p-dioxins
Pentachlorodibenzofurans
Pentachloroethane
Ethane, pentachloro-
76-01-7
U184
Pentachloronitrobenzene (PCNB)
Benzene, pentachloronitro-
82-68-8
U185
Pentachlorophenol
Phenol, pentachloro-
87-86-5
See F027
Phenacetin
Acetamide, N-(4-ethoxyphenyl)-
62-44-2
U187
Phenol
Same
108-95-2
U188
1,2-Phenylenediamine
1,2-Benzenediamine
95-54-5
1,3-Phenylenediamine
1,3-Benzenediamine
108-45-2
Phenylenediamine
Benzenediamine
25265-76-3
Phenylmercury acetate
Mercury, (acetato-O)phenyl-
62-38-4
P092
Phenylthiourea
Thiourea, phenyl-
103-85-5
P093
Phosgene
Carbonic dichloride
75-44-5
P095
Phosphine
Same
7803-51-2
P096
Phorate
Phosphorodithioic acid, O,O-diethyl
						  S-[(ethylthio)methyl] ester
298-02-2
P094
Phthalic acid esters,
						  N.O.S.1
Phthalic anhydride
1,3-Isobenzofurandione
85-44-9
U190
Physostigmine
Pyrrolo[2,3-b]indol-5-01,
						  1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester),
						  (3aS-cis)-
57-47-6
P204
Physostigmine salicylate
Benzoic acid, 2-hydroxy-, compd. with
						  (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo [2,3-b]indol-5-yl
						  methylcarbamate ester (1:1)
57-64-7
P188
2-Picoline
Pyridine, 2-methyl-
109-06-8
U191
Polychlorinated biphenyls,
N.O.S.1
Potassium cyanide
Potassium cyanide K(CN)
151-50-8
P098
Potassium dimethyldithiocarbamate
Carbamodithioic acid, dimethyl, potassium salt
128-03-0
Potassium
						  n-hydroxymethyl-n-methyl-dithiocarbamate
Carbamodithioic acid,
(hydroxymethyl)methyl-, monopotassium salt
51026-28-9
Potassium n-methyldithiocarbamate
Carbamodithioic acid, methyl-monopotassium salt
137-41-7
Potassium pentachlorophenate
Pentachlorophenol, potassium salt
7778736
None
Potassium silver cyanide
Argentate(1-), bis(cyano-C)-, potassium
506-61-6
P099
Promecarb
Phenol, 3-methyl-5-(1-methylethyl)-, methyl
						  carbamate
2631-37-0
P201
Pronamide
Benzamide,
						  3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-
23950-58-5
U192
1,3-Propane sultone
1,2-Oxathiolane, 2,2-dioxide
1120-71-4
U193
n-Propylamine
1-Propanamine
107-10-8
U194
Propargyl alcohol
2-Propyn-1-ol
107-19-7
P102
Propham
Carbamic acid, phenyl-, 1-methylethyl ester
122-42-9
U373
Propoxur
Phenol, 2-(1-methylethoxy)-, methylcarbamate
114-26-1
U411
Propylene dichloride
Propane, 1,2-dichloro-
78-87-5
U083
1,2-Propylenimine
Aziridine, 2-methyl-
75-55-8
P067
Propylthiouracil
4(1H)-Pyrimidinone,
						  2,3-dihydro-6-propyl-2-thioxo-
51-52-5
Prosulfocarb
Carbamothioic acid, dipropyl-, S-(phenylmethyl)
						  ester
52888-80-9
U387
Pyridine
Same
110-86-1
U196
Reserpine
Yohimban-16-carboxylic acid,
						  11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-smethyl ester,
						  (3beta,16beta,17alpha,18beta,20alpha)-
50-55-5
U200
Resorcinol
1,3-Benzenediol
108-46-3
U201
Safrole
1,3-Benzodioxole, 5-(2-propenyl)-
94-59-7
U203
Selenium
Same
7782-49-2
Selenium compounds,
						  N.O.S.1
Selenium dioxide
Selenious acid
7783-00-8
U204
Selenium sulfide
Selenium sulfide SeS2
7488-56-4
U205
Selenium, tetrakis(dimethyl-dithiocarbamate)
Carbamodithioic acid, dimethyl-, tetraanhydrosulfide
						  with orthothioselenious acid
144-34-3
Selenourea
Same
630-10-4
P103
Silver
Same
7440-22-4
Silver compounds,
						  N.O.S.1
Silver cyanide
Silver cyanide Ag(CN)
506-64-9
P104
Silvex (2,4,5-TP)
Propanoic acid, 2-(2,4,5-trichlorophenoxy)-
93-72-1
See F027
Sodium cyanide
Sodium cyanide Na(CN)
143-33-9
P106
Sodium dibutyldithiocarbamate
Carbamodithioic acid, dibutyl, sodium salt
136-30-1
Sodium diethyldithiocarbamate
Carbamodithioic acid, diethyl-, sodium salt
148-18-5
Sodium dimethyldithiocarbamate
Carbamodithioic acid, dimethyl-, sodium salt
128-04-1
Sodium pentachlorophenate
Pentachlorophenol, sodium salt
131522
None
Streptozotocin
D-Glucose,
						  2-deoxy-2-[[(methylnitrosoamino)carbonyl]amino]-
18883-66-4
U206
Strychnine
Strychnidin-10-one
57-24-9
P108
Strychnine salts
P108
Sulfallate
Carbamodithioic acid, diethyl-, 2-chloro-2-propenyl
						  ester
95-06-7
TCDD
Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro-
1746-01-6
Tetrabutylthiuram disulfide
Thioperoxydicarbonic diamide, tetrabutyl
1634-02-2
1,2,4,5-Tetrachlorobenzene
Benzene, 1,2,4,5-tetrachloro-
95-94-3
U207
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofurans
Tetrachloroethane,
						  N.O.S.1
Ethane, tetrachloro-, N.O.S.
25322-20-7
1,1,1,2-Tetrachloroethane
Ethane, 1,1,1,2-tetrachloro-
630-20-6
U208
1,1,2,2-Tetrachloroethane
Ethane, 1,1,2,2-tetrachloro-
79-34-5
U209
Tetrachloroethylene
Ethene, tetrachloro-
127-18-4
U210
2,3,4,6-Tetrachlorophenol
Phenol, 2,3,4,6-tetrachloro-
58-90-2
See F027
2,3,4,6-tetrachlorophenol, potassium salt
same
53535276
None
2,3,4,6-tetrachlorophenol, sodium salt
same
25567559
None
Tetraethyldithiopyrophosphate
Thiodiphosphoric acid, tetraethyl ester
3689-24-5
P109
Tetraethyl lead
Plumbane, tetraethyl-
78-00-2
P110
Tetraethyl pyrophosphate
Diphosphoric acid, tetraethyl ester
107-49-3
P111
Tetramethylthiuram monosulfide
Bis(dimethylthiocarbamoyl) sulfide
97-74-5
Tetranitromethane
Methane, tetranitro-
509-14-8
P112
Thallium
Same
7440-28-0
Thallium compounds,
						  N.O.S.1
Thallic oxide
Thallium oxide Tl2
						  O3
1314-32-5
P113
Thallium(I) acetate
Acetic acid, thallium(1 + ) salt
563-68-8
U214
Thallium(I) carbonate
Carbonic acid, dithallium(1 + ) salt
6533-73-9
U215
Thallium(I) chloride
Thallium chloride TlCl
7791-12-0
U216
Thallium(I) nitrate
Nitric acid, thallium(1 + ) salt
10102-45-1
U217
Thallium selenite
Selenious acid, dithallium(1 + ) salt
12039-52-0
P114
Thallium(I) sulfate
Sulfuric acid, dithallium(1 + ) salt
7446-18-6
P115
Thioacetamide
Ethanethioamide
62-55-5
U218
Thiodicarb
Ethanimidothioic acid, N,N'-[thiobis [(methylimino)
						  carbonyloxy]] bis-, dimethyl ester
59669-26-0
U410
Thiofanox
2-Butanone, 3,3-dimethyl-1-(methylthio)-,
						  0-[(methylamino)carbonyl] oxime
39196-18-4
P045
Thiomethanol
Methanethiol
74-93-1
U153
Thiophanate-methyl
Carbamic acid, [1,2-phyenylenebis (iminocarbonothioyl)]
						  bis-, dimethyl ester
23564-05-8
U409
Thiophenol
Benzenethiol
108-98-5
P014
Thiosemicarbazide
Hydrazinecarbothioamide
79-19-6
P116
Thiourea
Same
62-56-6
U219
Thiram
Thioperoxydicarbonic diamide [(H2
						  N)C(S)]2 S2,
						  tetramethyl-
137-26-8
U244
Tirpate
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-,
						  O-[(methylamino) carbonyl] oxime
26419-73-8
P185
Toluene
Benzene, methyl-
108-88-3
U220
Toluenediamine
Benzenediamine, ar-methyl-
25376-45-8
U221
Toluene-2,4-diamine
1,3-Benzenediamine, 4-methyl-
95-80-7
Toluene-2,6-diamine
1,3-Benzenediamine, 2-methyl-
823-40-5
Toluene-3,4-diamine
1,2-Benzenediamine, 4-methyl-
496-72-0
Toluene diisocyanate
Benzene, 1,3-diisocyanatomethyl-
26471-62-5
U223
o-Toluidine
Benzenamine, 2-methyl-
95-53-4
U328
o-Toluidine hydrochloride
Benzenamine, 2-methyl-, hydrochloride
636-21-5
U222
p-Toluidine
Benzenamine, 4-methyl-
106-49-0
U353
Toxaphene
Same
8001-35-2
P123
Triallate
Carbamothioic acid, bis(1-methylethyl)-,
						  S-(2,3,3-trichloro-2-propenyl) ester
2303-17-5
U389
1,2,4-Trichlorobenzene
Benzene, 1,2,4-trichloro-
120-82-1
1,1,2-Trichloroethane
Ethane, 1,1,2-trichloro-
79-00-5
U227
Trichloroethylene
Ethene, trichloro-
79-01-6
U228
Trichloromethanethiol
Methanethiol, trichloro-
75-70-7
P118
Trichloromonofluoromethane
Methane, trichlorofluoro-
75-69-4
U121
2,4,5-Trichlorophenol
Phenol, 2,4,5-trichloro-
95-95-4
See F027
2,4,6-Trichlorophenol
Phenol, 2,4,6-trichloro-
88-06-2
See F027
2,4,5-T
Acetic acid, (2,4,5-trichlorophenoxy)-
93-76-5
See F027
Trichloropropane,
						  N.O.S.1
25735-29-9
1,2,3-Trichloropropane
Propane, 1,2,3-trichloro-
96-18-4
Triethylamine
Ethanamine, N,N-diethyl-
121-44-8
U404
O,O,O-Triethyl phosphorothioate
Phosphorothioic acid, O,O,O-triethyl ester
126-68-1
1,3,5-Trinitrobenzene
Benzene, 1,3,5-trinitro-
99-35-4
U234
Tris(1-aziridinyl)phosphine sulfide
Aziridine,
						  1,1',1&#8243;-phosphinothioylidynetris-
52-24-4
Tris(2,3-dibromopropyl) phosphate
1-Propanol, 2,3-dibromo-, phosphate (3:1)
126-72-7
U235
Trypan blue
2,7-Naphthalenedisulfonic acid, 3,3'-
[(3,3'-dimethyl[1,1'-biphenyl]-4,4'-
diyl)bis(azo)]-
72-57-1
U236
bis[5-amino-4-hydroxy-, tetrasodium salt.
Uracil mustard
2,4-(1H,3H)-Pyrimidinedione,
						  5-[bis(2-chloroethyl)amino]-
66-75-1
U237
Vanadium pentoxide
Vanadium oxide V2
						  O5
1314-62-1
P120
Vernolate
Carbamothioic acid, dipropyl-,S-propyl ester
1929-77-7
Vinyl chloride
Ethene, chloro-
75-01-4
U043
Warfarin
2H-1-Benzopyran-2-one,
						  4-hydroxy-3-(3-oxo-1-phenylbutyl)-, when present at concentrations less than
						  0.3%
81-81-2
U248
Warfarin
2H-1-Benzopyran-2-one,
						  4-hydroxy-3-(3-oxo-1-phenylbutyl)-, when present at concentrations greater than
						  0.3%
81-81-2
P001
Warfarin salts, when present at concentrations less
						  than 0.3%
U248
Warfarin salts, when present at concentrations greater
						  than 0.3%
P001
Zinc cyanide
Zinc cyanide Zn(CN)2
557-21-1
P121
Zinc phosphide
Zinc phosphide Zn3
						  P2, when present at concentrations greater than
						  10%
1314-84-7
P122
Zinc phosphide
Zinc phosphide Zn3
						  P2, when present at concentrations of 10% or less
1314-84-7
U249
Ziram
ZInc, bis(dimethylcarbamodithioato-S,S')-,
						  (T-4)-
137-30-4
P205
FOOTNOTE: 
				1The abbreviation N.O.S. (not otherwise
				specified) signifies those members of the general class not specifically listed
				by name in this appendix
Section 261
Appendix IX - Wastes Excluded Under §§ 260.20
				and 260.22
Table 1 - Wastes Excluded From Non-Specific Sources
				Facility
Division of Environmental Quality.
Vertac Superfund site,
Jacksonville,
				Arkansas.
Kiln ash, cyclone ash, and calcium chloride salts from
				incineration of residues (EPA Hazardous Waste No. F020 and F023) generated from
				the primary production of 2,4,5-T and 2,4-D after August 24, 1990. This
				one-time exclusion applies only to the incineration of the waste materials
				described in the petition, and it is conditional upon the data obtained from
				DEQ's full-scale incineration facility. To ensure that hazardous constituents
				are not present in the waste at levels of regulatory concern once the
				full-scale treatment facility is in operation, DEQ must implement a testing
				program for the petitioned waste. This testing program must meet the following
				conditions for the exclusion to be valid:
(1) Testing: Sample collection and analyses
			 (including quality control (QC) procedures) according to appropriate methods.
			 As applicable to the method-defined parameters of concern, analyses requiring
			 the use of SW-846 methods incorporated by reference in
			 40 CFR
			 260.11 must be used without substitution. As
			 applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A,
			 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311,
			 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method
			 1664, Rev. A) , 9071B, and 9095B.
(A) Initial
			 testing: Representative grab samples must be taken from each drum and kiln ash
			 and cyclone ash generated from each 24 hours of operation, and the grab samples
			 composited to form one composite sample of ash for each 24-hour period.
			 Representative grab samples must also be taken from each drum of calcium
			 chloride salts generated from each 24 hours of operation and composited to form
			 one composite sample of calcium chloride salts for each 24-hour period. The
			 initial testing requirements must be fulfilled for the following wastes:
(i) incineration by-products generated prior
			 to and during the incinerator's trial burn;
(ii) incineration by-products from the
			 treatment of 2,4-D wastes for one week (or 7 days if incineration is not on
			 consecutive days) after completion of the trial burn;
(iii) incineration by-products from the
			 treatment of blended 2,4-D and 2,4 5-T wastes for two weeks (or 14 days if
			 incineration is not on consecutive days) after completion of the trial burn;
			 and
(iv) incineration by-products
			 from the treatment of blended 2,4-D and 2,4,5-T wastes for one week (or 7 days
			 if incineration is not on consecutive days) when the percentage of 2, 4, 5-T
			 wastes exceeds the maximum percentage treated under Condition (1)(A)(iii).
			 Prior to disposal of the residues from each 24-hour sampling period, the daily
			 composite must be analyzed for all the constituents listed in Condition (3).
			 DEQ must report theanalytical test data, including quality control information,
			 obtained during this initial period no later than 90 days after the start of
			 the operation.
(B)
			 Subsequent testing: Representative grab samples of each drum of kiln and
			 cyclone ash generated from each week of operation must be composited to form
			 one composite sample of ash for each weekly period. Representative grab samples
			 of each drum of calcium chloride salts generated from each week of operation
			 must also be composited to form one composite sample of calcium chloride salts
			 for each weekly period.
Prior to disposal of the residues from each weekly sampling
				period, the weekly composites must be analyzed for all of the constituents
				listed in Condition (3). The analytical data, including quality control
				information, must be compiled and maintained on site for a minimum of three
				years. These data must be furnished upon request and made available for
				inspection by any employee or representative of EPA.
(2) Waste holding: The
			 incineration residues that are generated must be stored as hazardous until the
			 initial verification analyses or subsequent analyses are completed.
If the composite incineration residue samples (from either
				Condition (1)(A) or Condition (1)(B) do not exceed any of the delisting levels
				set in Condition (3), the incineration residues corresponding to these samples
				may be managed and disposed of in accordance with all applicable solid waste
				rules.
If any composite incineration residue sample exceeds any of the
				delisting levels set in Condition (3), the incineration residues generated
				during the time period corresponding to this sample must be retreated until
				they meet these levels (analyses must be repeated) or managed and disposed of
				in accordance with subtitle C of RCRA. Incineration residues which are
				generated but for which analysis is not complete or valid must be managed and
				disposed of in accordance with subtitle C of RCRA, until valid analyses
				demonstrate that the wastes meet the delisting levels.
(3) Delisting levels: If concentrations in
			 one or more of the incineration residues for any of the hazardous constituents
			 listed below exceed their respective maximum allowable concentrations also
			 listed below, the batch of failing waste must either be re-treated until it
			 meets these levels or managed and disposed of in accordance with subtitle C of
			 RCRA. treated until it meets these levels or managed and disposed of in
			 accordance with subtitle C of RCRA.
(A)
			 Inorganics (Leachable): Arsenic, 0.32 ppm; Barium, 6.3 ppm; Cadmium, 0.06 ppm;
			 Chromium, 0.32 ppm; Cyanide, 4.4 ppm; Lead, 0.32 ppm; Mercury, 0.01 ppm;
			 Nickel, 4.4 ppm; Selenium, 0.06 ppm; Silver, 0.32 ppm. Metal concentrations
			 must be measured in the waste leachate as per
			 40 CFR
			 261.24. Cyanide extractions must be conducted
			 using distilled water.
(B)
			 Organics: Benzene, 0.87 ppm; Benzo(a)anthracene, 0.10 ppm; Benzo(a)pyrene, 0.04
			 ppm; Benzo (b)fluoranthene, 0.16 ppm; Chlorobenzene, 152 ppm; o-Chlorophenol,
			 44 ppm; Chrysene, 15 ppm; 2, 4-D, 107 ppm; DDE, 1.0 ppm; Dibenz(a,h)anthracene,
			 0.007 ppm; 1, 4-Dichlorobenzene, 265 ppm; 1, 1-Dichlorethylene, 1.3 ppm;
			 trans-1,2 Dichloroethylene, 37 ppm; Dichloromethane, 0.23 ppm;
			 2,4-Dichlorphenol, 43 ppm; Hexachlorobenzene, 0.26 ppm; Indeno (1,2,3-cd) 6
			 pyrene, 30 ppm; Polychlorinated biphenyls, 12 ppm; 2,4,5-T, 1 X 10 ppm;
			 1,2,4,5-Tetrachlorobenzene, 56 ppm; Tetrachloroethylene, 3.4 ppm;
			 Trichloroethylene, 1.1 ppm; 2,4,5-Trichlorophenol, 21,000 ppm;
			 2,4,6-Trichlorophenol, 0.35 ppm.
(C) Chlorinated dioxins and furans:
			 2,3,7,8-Tetrachlorodibenzo-p-dioxin -7 equivalents: 4 x10 ppm.
The petitioned by-product must be analyzed for the tetra-,
				penta-, hexa-, and heptachlorodibenzo-p-dioxins, and the tetra-, penta-, hexa-,
				and heptachlorodibenzofurans to determine the 2, 3, 7, 8-tetra-
				chlorodibenzo-p-dioxin equivalent concentration. The analysis must be conducted
				using a measurement system that achieves practical quantitation limits of 15
				parts per trillion (ppt) for the tetra- and penta-homologs, and 37 ppt for the
				hexa- and hepta-homologs.
(4) Termination of testing: Due to the
			 possible variability of the incinerator feeds, the testing requirements of
			 Condition (1)(B) will continue indefinitely.
(5) Data submittals: Within one week of
			 system start-up. DEQ must notify the Section Chief, Variances Section (see
			 address below) when the full-scale incineration system is online and waste
			 treatment has begun. The data obtained through Condition (1)(A) must be
			 submitted to the Section Chief, Variances Section, PSPD/OSW (OS-343), U.S. EPA,
			 401 M Street SW., Washington, DC 20460, within the time period specified. At
			 the Section Chief's request, DEQ must submit analytical data obtained through
			 Condition (1)(B) within the time period specified by the Section Chief. Failure
			 to submit the required data obtained from Condition (1)(A) within the specified
			 time period or to maintain the required records for the time specified in
			 Condition (1)(B) (or to submit data within the time specified by the Section
			 Chief) will be considered by the Agency, at its discretion, sufficient basis to
			 revoke DEQ's exclusion to the extent directed by EPA. All data must be
			 accompanied by the following certification statement:
"Under civil and criminal penalty of law for the making or
				submission of false or fraudulent statements or representations (pursuant to
				the applicable provisions of the Federal Code, which include, but may not be
				limited to,
				18 U.S.C.
				1001 and
				42
				U.S.C. 6928), I certify that the information contained in or accompanying this
				document is true, accurate and complete. As to the (those) identified
				section(s) of this document for which I cannot personally verify its (their)
				truth and accuracy, I certify as the company official having supervisory
				responsibility for the persons who, acting under my direct instructions, made
				the verification that this information is true accurate and complete. In the
				event that any of this information is determined by EPA in its sole discretion
				to be false, inaccurate or incomplete, and upon conveyance of this fact to the
				company, I recognize and agree that this exclusion of wastes will be void as if
				it never had effect or to the extent directed by EPA and that the company will
				be liable for any actions taken in contravention of the company's RCRA and
				CERCLA obligations premised upon the company's reliance on the void
				exclusion."
Chamberlain-Featherlite, Inc. Hot Springs,
				AR
Dewatered wastewater treatment sludges (EPA Hazardous Waste No.
				F019) generated from the chemical conversion coating of aluminum after July 16,
				1986.
Kawneer Company, Incorporated. Springdale,
				Arkansas
Wastewater treatment filter press sludge (EPA Hazardous Waste
				No. F019) generated (at a maximum annual rate of 26 cubic yards) from the
				chemical conversion coating of aluminum. This exclusion was published on
				November 13, 1990.
Kawneer must analyze a representative sample,
				obtained by a full depth core sample from each 55 gallon drum of filter press
				sludge generated, prior to disposal of the wastes as nonhazardous. Each lot of
				filter press sludge wastes shipped for disposal shall e analyzed. Samples from
				each frum may be composited for each lof of filter press sludge to be disposed
				of. Analysis shall be conducted for total cyanide and chromium (VI). Provided
				that total cyanide conentraion in the waste is less than 0.7 ug/kg and chromium
				(VI) is less than 0.5 ug/kg, the wastes may be disposed of an nonhazardous
				under the provisions of this delisting exclusion.
Monroe Auto Equipment. Paragould, AR
Wastewater treatment sludge (EPA Hazardous Waste No. F006)
				generated from electroplating operations after vacuum filtration after November
				27,1985. This exclusion does not apply to the sludge contained in the on-site
				impoundment.
U.S. EPA Combustion Research Facility. Jefferson,
				Arkansas
One-time exclusion for scrubber water (EPA Hazardous Waste No.
				F020) generated in 1985 from the incineration of Vertac still bottoms. This
				exclusion was published on June 28, 1989.
Waterloo Industries. Pocahontas, AR
Wastewater treatment sludges (EPA Hazardous Waste No. F006)
				generated from electroplating operations after dewatering and held on-site on
				July 17, 1986 and any such sludge generated (after dewatering) after July 17,
				1986.
Bekaert Steel Corporation Rogers, Arkansas
Wastewater treatment sludge (EPA Hazardous Waste No. F006)
				generated from electroplating operations (at a maximum annual rate of 1250
				cubic yards to be measured on a calendar year basis) after February 28, 1997.
				In order to confirm that the characteristics of the waste do not change
				significantly, the facility must, on an annual basis, before July 1 of each
				year, analyze a representative composite sample for the constituents listed in
				§261.24 as well as antimony, copper, nickel, and zinc using the method
				specified therein. The annual analytical results, including quality control
				information, must be compiled, certified according to § 260.22(i)(12) of
				this rule, maintained on site for a minimum of five years, and made available
				for inspection upon request of any employee or representative of EPA or the
				State of Arkansas. Failure to maintain the required documents on site will be
				considered by the Division and/or EPA, at their discretion, sufficient basis to
				revoke this exclusion to the extent directed.
Tenneco Automotive. Paragould, AR
Stabilized sludge from electroplating operations, excavated
				from the Finch Road Landfill and currently stored in containment cells by
				Tenneco (EPA Hazardous Waste Nos. F006). This is a one-time exclusion for 1,800
				cubic yards of stabilized sludge when it is disposed of in a Subtitle D
				landfill. This exclusion was published on August 9, 2001.
(1) Reopener Language:
(A) If, anytime after disposal of the
			 delisted waste, Tenneco possesses or is otherwise made aware of any
			 environmental data (including but not limited to leachate data or groundwater
			 monitoring data) or any other data relevant to the delisted waste indicating
			 that any constituent identified for the delisting verification testing is at
			 level higher than the delisting level allowed by the Director or his delegate
			 in granting the petition, then the facility must report the data, in writing,
			 to the Director or his delegate within 10 days of first possessing or being
			 made aware of that data.
(B) If
			 Tenneco fails to submit the information described in (2)(A) or if any other
			 information is received from any source, the Director or his delegate will make
			 a preliminary determination as to whether the reported information requires
			 Division action to protect human health or the environment. Further action may
			 include suspending, or revoking the exclusion, or other appropriate response
			 necessary to protect human health and the environment.
(C) If the Director or his delegate
			 determines the reported information does require Division action, the Director
			 or his delegate will notify the facility in writing of the actions the Director
			 or his delegate believes are necessary to protect human health and the
			 environment. The notice shall include a statement of the proposed action and a
			 statement providing the faciity with an opportunity to present information as
			 to why the proposed Division action is not necessary. The facility shall have
			 10 days from the date of the Director or his delegate's notice to present such
			 information.
(D) Following the
			 receipt of information from the facility described in (1)(C) or (if no
			 information is presented under (1)(C)) the initial receipt of information
			 described in (1)(A), the Director or his delegate will issue a final written
			 determination describing the Division actions that are necessary to protect
			 human health or the envronment. Any required action described in the Director
			 or his delegate's determination shall become effective immediately, unless the
			 Director or his delegate provides othrwise.
(2) Notification Requirements: Tenneco must
			 do the following before transporting the delisted waste off-site: Failure to
			 provide this notification will result in a violation of the delisting petition
			 and revocation of the exclusion.
(A) Provide
			 a one-time written notification to any State Regulatory Agency to which or
			 through which they will transport the delisted waste described above for
			 disposal, 60 days before beginning such activities.
(B) Update the one-time written notification
			 if Tenneco ships the delisted waste to a different disposal facility.
Tokusen, USA Inc Conway, AR
Wastewater Treatment Sludge (EPA Hazardous Waste No. F006)
				generated at a maximum annual rate of 2,000 cubic yards per calendar year after
				[
Insert date of Commission adoption of this revision
] to be
				disposed of in a Subtitle D landfill. For the exclusion to be valid, Tokusen
				must implement a verification testing program that meets the following
				paragraphs:
(1)
			 Delisting Levels: All leachable concentrations for those constituents must not
			 exceed the following levels (mg/L for TCLP).
(A) Inorganic Constituents; Antimony - 0.4;
			 Arsenic - 1.59; Barium - 100; Chromium - 5.0; Cobalt - 0.8; Copper - 91.3; Lead
			 - 2.32; Nickel - 50.5; Selenium -1.0; Zinc - 748.
(B) Organic Constituents: Acetone - 1950.
(2) Waste Management:
(A) Tokusen must manage as hazardous all WWTP
			 sludge generated, until it has completed initial verification testing described
			 in paragraph (3)(A) and (B), as appropriate, and valid analyses show that
			 paragraph (1) is satisfied and approval is received by EPA.
(B) Levels of constituents measured in the
			 samples of the WWTP sludge that do not exceed the levels set forth in paragraph
			 (1) are non-hazardous. Tokusen can manage and dispose of the non-hazardous WWTP
			 sludge according to all applicable solid waste rules.
(C) If constituent levels in a sample exceed
			 any of the Delisting Levels set in paragraph (1), Tokusen can collect one
			 additional sample and perform expedited analyses to verify if the constituent
			 exceeds the delisting level. If this sample confirms the exceedance, Tokusen
			 must, from that point forward, treat all the waste covered by this exclusion as
			 hazardous until it is demonstrated that the waste again meets the levels in
			 paragraph (1). Tokusen must manage and dispose of the waste generated under
			 Subtitle C of RCRA when it becomes aware of any exceedance.
(D) Upon completion of the verification
			 testing described in paragraph 3(A) and (B) as appropriate and the transmittal
			 of the results to EPA, and if the testing results meet the requirements of
			 paragraph (1), Tokusen may proceed to manage its WWTP sludge as non-hazardous
			 waste. If subsequent verification testing indicates an exceedance of the
			 Delisting Levels in paragraph (1), Tokusen must manage the WWTP sludge as a
			 hazardous waste after it has received approval from EPA as described in
			 paragraph (2)(C).
(3)
			 Verification Testing Requirements: Tokusen must perform sample collection and
			 analyses, including quality control procedures, using appropriate methods. As
			 applicable to the method-defined parameters of concern, analyses requiring the
			 use of SW-846 methods incorporated by reference in Section 260.11 of this Rule
			 must be used without substitution. As applicable, the SW-846 methods might
			 include Methods 8260B, 1311/8260B, 8270C, 6010B, 7470, 9034A, ASTMD-4982B,
			 ASTMD-5049, E413.2. Methods must meet Performance Based Measurement System
			 Criteria in which The Data Quality Objectives are to demonstrate that
			 representative samples of sludge meet the delisting levels in paragraph (1). If
			 EPA judges the process to be effective under the operating conditions used
			 during the initial verification testing, Tokusen may replace the testing
			 required in paragraph (3)(A) with the testing required in paragraph (3)(B).
			 Tokusen must continue to test as specified in paragraph (3)(A) until and unless
			 notified by EPA in writing that testing in paragraph (3)(A) may be replaced by
			 paragraph (3)(B).
(A) Initial Verification
			 Testing: After EPA grants the final exclusion, Tokusen must do the following:
(i) The first sampling event for eight (8)
			 samples will be performed within thirty (30) days of operation after this
			 exclusion becomes final.
(ii) The
			 samples are to be analyzed and compared against the Delisting Levels in
			 paragraph (1).
(iii) Within sixty
			 (60) days after this exclusion becomes final, Tokusen will report initial
			 verification analytical test data for the WWTP sludge, including analytical
			 quality control information. Tokusen must request in writing that EPA allows
			 Tokusen to substitute the Testing conditions in (3)(B) for (3)(A).
(B) Subsequent Verification
			 Testing: Following written notification by EPA, Tokusen may substitute the
			 testing conditions in (3)(B) for (3)(A). Tokusen must continue to monitor
			 operating conditions, and analyze two representative samples of the wastewater
			 treatment sludge for each quarter of operation during the first year of waste
			 generation. If levels of constituents measured in the samples of the WWTP
			 sludge do not exceed the levels set forth in paragraph (1) in two consecutive
			 quarters, Tokusen can manage and dispose of the WWTP sludge according to all
			 applicable solid waste rules. After the first year of sampling events, one (1)
			 verification sampling test can be performed on two (2) annual samples of the
			 waste treatment sludge. The results are to be compared to the Delisting Levels
			 in paragraph (1).
(C) Termination
			 of Testing:
(i) After the first year of
			 quarterly testings, if the Delisting Levels in paragraph (1) are met, Tokusen
			 may then request that EPA does not require a quarterly testing.
(ii) Following termination of the quarterly
			 testing, Tokusen must conduct one (1) sampling event on two (2) representative
			 samples for all constituents listed in paragraph (1) annually.
(4) Changes in Operating
			 Conditions: If Tokusen significantly changes the process described in its
			 petition or starts any processes that generate(s) the waste that may or could
			 significantly affect the composition or type of waste generated as established
			 under paragraph (1) (by illustration, but not limitation, changes in equipment
			 or operating conditions of the treatment process), it must notify EPA and DEQ
			 in writing; it may no longer handle the wastes generated from the new process
			 as non-hazardous until the wastes meet the delisting levels set in paragraph
			 (1) and it has received written approval todo so from EPA and DEQ.
(5) Data Submittals: Tokusen must submit the
			 information described below. If Tokusen fails to submit the required data
			 within the specified time or maintain the required records on-site for the
			 specified time, EPA, at its discretion, will consider this sufficient basis to
			 re-open the exclusion as described in paragraph (6). Tokusen must:
(A) Submit the data obtained through
			 paragraph (3) to the Division Director, Enforcement and Compliance Assurance
			 Division, EPA Region 6, 1201 Elm Street, Dallas, Texas 75270, Mail Code, (6ECD)
			 within the time specified.
(B)
			 Compile records of operating conditions and analytical data from paragraph (3),
			 summarized, and maintained on-site for a minimum of five years.
(C) Furnish these records and data when EPA
			 or the State of Arkansas requests them for inspection.
(D) Send along with all data a signed copy of
			 the following certification statement, to attest to the truth and accuracy of
			 the data submitted: Under civil and criminal penalty of law for the making or
			 submission of false or fraudulent statements or representations (pursuant to
			 the applicable provisions of the Federal Code, which include, but may not be
			 limited to, 18 U.S.C. 001 and
			 42
			 U.S.C. 6928), I certify that the information contained in or accompanying this
			 document is true, accurate and complete.
As to the (those) identified section(s) of this document for
				which I can not personally verify its (their) truth and accuracy I certify as
				the company official having supervisory responsibility for the persons who,
				acting under my direct instructions, made the verification that this
				information is true, accurate and complete. If any of this information is
				determined by EPA in its sole discretion to be false, inaccurate or incomplete,
				and upon conveyance of this fact to the company, I recognize and agree that
				this exclusion of waste will be void as if it never had effect or to the extent
				directed by EPA and that the company will be liable for any actions taken in
				contravention of the company's RCRA and CERCLA obligations premised upon the
				company's reliance on the void exclusion.
(6) Re-Opener:
(A) If, any time after disposal of the
			 delisted waste, Tokusen possesses or is otherwise made aware of any
			 environmental data (including but not limited to leachate data or groundwater
			 monitoring data) or any other data relevant to the delisted waste indicating
			 that any constituent identified for the delisting verification testing is at
			 level higher than the delisting level allowed by the Division Director in
			 granting the petition, then the facility must report the data, in writing, to
			 the Division Director and DEQ within 10 days of first possessing or being made
			 aware of that data.
(B) If the
			 annual testing of the waste does not meet the delisting requirements in
			 paragraph (1), Tokusen must report the data in writing to the Division Director
			 within 10 days of first possessing or being made aware of that data.
(C) If Tokusen fails to submit the
			 information described in paragraphs (5), (6)(A) or (6)(B) or if any other
			 information is received from any source, the Division Director will make a
			 preliminary determination as to whether the reported information requires EPA
			 action to protect human health and/or the environment. Further action may
			 include suspending, or revoking the exclusion, or other appropriate response
			 necessary to protect human health and the environment.
(D) If the Division Director determines that
			 the reported information does require action, EPA's Division Director will
			 notify the facility in writing of the actions the Division Director believes
			 are necessary to protect human health and the environment. The notice shall
			 include a statement of the proposed action and a statement providing the
			 facility with an opportunity to present information as to why the proposed
			 action by EPA is not necessary. The facility shall have 10 days from the date
			 of the Division Director's notice to present such information. (E) Following
			 the receipt of information from the facility described in paragraph (6)(D) or
			 (if) no information is presented under paragraph (6)(D)) the initial receipt of
			 information described in paragraphs (5), (6)(A) or (6)(B), the Division
			 Director will issue a final written determination describing EPA's actions that
			 are necessary to protect human health and/or the environment. Any required
			 action described in the Division Director's determination shall become
			 effective immediately, unless the Division Director provides otherwise.
(7) Notification
			 Requirements: Tokusen must do the following before transporting the delisted
			 waste. Failure to provide this notification will result in a violation of the
			 delisting petition and a possible revocation of the decision.
(A) Provide a one-time written notification
			 to any state Regulatory Agency to which or through which it will transport the
			 delisted waste described above for disposal, 60 days before beginning such
			 activities.
(B) Update one-time
			 written notification, if it ships the delisted waste into a different disposal
			 facility.
(C) Failure to provide
			 this notification will result in a violation of the delisting variance and a
			 possible revocation of the
			 decision.
Section 262.
STANDARDS APPLICABLE TO
			 GENERATORS OF HAZARDOUS WASTE
Subsection
			 A
-- General
§
			 262.1
Terms used in this section
As used in this section:
"Condition for exemption"
to mean
:
any requirement in §§ 262.14, 262.15, 262.16, 262.17, 262.70, or
				subsection K or subsection L of this section that states an event, action, or
				standard that must occur or be met in order to obtain an exemption from any
				applicable requirement in 40 CFR Part 124 and sections 264 through 268, and 270
				of this rule, or from any requirement for notification under section 3010 of
				RCRA.
"Independent requirement"
to mean
:
a
				requirement of section 262 that states an event, action, or standard that must
				occur or be met; and that applies without relation to, or irrespective of, the
				purpose of obtaining a conditional exemption from storage facility permit,
				interim status, and operating requirements under §§ 262.14, 262.15,
				262.16, 262.17, or subsection K or subsection L of this section.
§ 262.10
Purpose, scope, and
			 applicability
(a) These rules in this
			 section establish standards for generators of hazardous waste as defined by
			 260.10 of this rule.
(1) A person who
			 generates a hazardous waste as defined by section 261 of this rule is subject
			 to all the applicable independent requirements in the sections and subsections
			 listed below:
(i) Independent requirements of
			 a very small quantity generator.
(A) Section
			 262.11(a) through (d) Hazardous waste determination and recordkeeping;
			 and
(B) Section 262.13 Generator
			 category determination.
(ii) Independent requirements of a small
			 quantity generator.
(A) Section 262.11
			 Hazardous waste determination and recordkeeping;
(B) Section 262.13 Generator category
			 determination;
(C) Section 262.18
			 EPA identification numbers and re-notification for small quantity generators
			 and large quantity generators;
(D)
			 Section 262 subsection B-Manifest requirements applicable to small and large
			 quantity generators;
(E) Section
			 262 subsection C-Pre-transport requirements applicable to small and large
			 quantity generators;
(F) Section
			 262.40 Recordkeeping;
(G) Section
			 262.44 Recordkeeping for small quantity generators; and
(H) Section 262 subsection H-Transboundary
			 movements of hazardous waste for recovery or disposal.
(iii) Independent requirements of a large
			 quantity generator.
(A) Section 262.11
			 Hazardous waste determination and recordkeeping;
(B) Section 262.13 Generator category
			 determination;
(C) Section 262.18
			 EPA identification numbers and re-notification for small quantity generators
			 and large quantity generators;
(D)
			 Section 262 subsection B-Manifest requirements applicable to small and large
			 quantity generators;
(E) Section
			 262 subsection C-Pre-transport requirements applicable to small and large
			 quantity generators;
(F) Section
			 262 subsection D-Recordkeeping and reporting applicable to small and large
			 quantity generators, except § 262.44; and
(G) Section 262 subsection H-Transboundary
			 movements of hazardous waste for recovery or disposal.
(2) A generator that
			 accumulates hazardous waste on site is a person that stores hazardous waste;
			 such generator is subject to the applicable requirements of 40 CFR Part 124,
			 and APC&EC Rule No. 23 sections 264 through 267, and 270 of this rule and
			 section 3010 of RCRA, unless it is one of the following:
(i) A very small quantity generator that
			 meets the conditions for exemption in § 262.14;
(ii) A small quantity generator that meets
			 the conditions for exemption in §§ 262.15 and 262.16; or
(iii) A large quantity generator that meets
			 the conditions for exemption in §§ 262.15 and 262.17.
(3) A generator shall
			 not transport, offer its hazardous waste for transport, or otherwise cause its
			 hazardous waste to be sent to a facility that is not a designated facility, as
			 defined in § 260.10 of this chapter, or not otherwise authorized to
			 receive the generator's hazardous waste.
(b) Determining generator category. A
			 generator must use § 262.13 to determine which provisions of this part are
			 applicable to the generator based on the quantity of hazardous waste generated
			 per calendar month.
(c) A generator
			 who treats, stores, or disposes of hazardous waste on-site must only comply
			 with the following sections of this section with respect to that waste: Section
			 262.11 for determining whether or not he has a hazardous waste, § 262.12
			 for obtaining an EPA identification number, § 262.34 for accumulation of
			 hazardous waste, § 262.40 (c) and (d) for recordkeeping, § 262.43 for
			 additional reporting, and if applicable, § 262.70 for farmers.
(d) Any person who exports or imports
			 hazardous wastes must comply with § 262.18 and subsection H of this
			 section.
(e) Any person who imports
			 hazardous waste into the United States and/or the State of Arkansas must comply
			 with the standards applicable to generators established in this
			 section.
(f) A farmer who generates
			 waste pesticides which are hazardous waste and who complies with all of the
			 requirements of § 262.70 is not required to comply with other standards in
			 this section or §§ 270, 264, 265, 267, or 268 with respect to such
			 pesticides.
(g) A person who
			 generates a hazardous waste as defined by § 261 is subject to the
			 compliance requirements and penalties prescribed in section 3008 of RCRA and
			 § 8-7-204 of the Arkansas Hazardous Waste Management Act if he does not
			 comply with the requirements of this section.
(1) A generator's violation of an independent
			 requirement is subject to penalty and injunctive relief under APC&EC Rule
			 No. 8.
(2) A generator's
			 noncompliance with a condition for exemption in this section is not subject to
			 penalty or injunctive relief under APC&EC Rule No. 8 as a violation of
			 section 262 condition for exemption. Noncompliance by any generator with an
			 applicable condition for exemption from storage permit and operations
			 requirements means that the facility is a storage facility operating without an
			 exemption from the permit, interim status, and operations requirements in 40
			 CFR Part 124, and sections 264 through 267, and 270 of this rule, and the
			 notification requirements of section 3010 of RCRA. Without an exemption, any
			 violations of such storage requirements are subject to penalty and injunctive
			 relief under APC&EC Rule No. 8. (h) An owner or operator who initiates a
			 shipment of hazardous waste from a treatment, storage, or disposal facility
			 must comply with the generator standards established in this
			 section.
(i) Persons
			 responding to an explosives or munitions emergency in accordance with
			 §§ 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) or (iv), and
			 270.1(c)(3)(i)(D) or (iii) are not required to comply with the standards of
			 this Section.
(j) Reserved
(k) Reserved
(l) The laboratories owned by an eligible
			 academic entity that chooses to be subject to the requirements of Subsection K
			 of this Section are not subject to (for purposes of this paragraph, the terms
			 "laboratory" and "eligible academic entity" shall have the meaning as defined
			 in § 262.200):
(1) The independent
			 requirements of § 262.11 or the rules in § 262.15 for large quantity
			 generators and small quantity generators, except as provided in subsection K,
			 and
(2) The conditions of §
			 262.14, for very small quantity generators, except as provided in subsection K.
Note 1:
The provisions of § 262.34 are
				applicable to the on-site accumulation of hazardous waste by generators.
				Therefore, the provisions of § 262.34 only apply to owners or operators
				who are shipping hazardous waste which they generated at that facility.
Note 2:
A generator who treats, stores, or
				disposes of hazardous waste on-site must comply with the applicable standards
				and permit requirements set forth in §§ 264, 265, 266, and
				270.
§
			 262.11
Hazardous waste determination and
			 recordkeeping
A person who generates a solid waste, as defined in §
				261.2, must make an accurate determination as to whether that waste is a
				hazardous waste in order to ensure wastes are properly managed according to
				applicable RCRA rules. A hazardous waste determination is made using the
				following steps:
(a) The hazardous
			 waste determination for each solid waste must be made at the point of waste
			 generation, before any dilution, mixing, or other alteration of the waste
			 occurs, and at any time in the course of its management that it has, or may
			 have, changed its properties as a result of exposure to the environment or
			 other factors that may change the properties of the waste such that the RCRA
			 classification of the waste may change.
(b) A person must determine whether the solid
			 waste is excluded from regulation under § 261.4 of this rule.
Note: Even if the waste is listed, the generator still has an
				opportunity under § 260.22 to demonstrate to the Director and the EPA
				Administrator that the waste from his particular facility or operation is not a
				hazardous waste.
(c) If the
			 waste is not excluded under § 261.4, the person must then use knowledge of
			 the waste to determine whether the waste meets any of the listing descriptions
			 under subsection D of section 261. Acceptable knowledge that may be used in
			 making an accurate determination as to whether the waste is listed may include
			 waste origin, composition, the process producing the waste, feedstock, and
			 other reliable and relevant information. If the waste is listed, the person may
			 file a delisting petition under § 260.20 and § 260.22 to demonstrate
			 to the Director that the waste from this particular site or operation is not a
			 hazardous waste.
(d) The person
			 then must also determine whether the waste exhibits one or more hazardous
			 characteristics as identified in subsection C of section 261 by following the
			 procedures in paragraph (d)(1) or (2) of this section, or a combination of
			 both.
(1) The person must apply knowledge of
			 the hazard characteristic of the waste in light of the materials or the
			 processes used to generate the waste. Acceptable knowledge may include process
			 knowledge (e.g., information about chemical feedstocks and other inputs to the
			 production process); knowledge of products, by-products, and intermediates
			 produced by the manufacturing process; chemical or physical characterization of
			 wastes; information on the chemical and physical properties of the chemicals
			 used or produced by the process or otherwise contained in the waste; testing
			 that illustrates the properties of the waste; or other reliable and relevant
			 information about the properties of the waste or its constituents. A test other
			 than a test method set forth in subsection C of section 261, or an equivalent
			 test method approved by the Director under § 260.21, may be used as part
			 of a person's knowledge to determine whether a solid waste exhibits a
			 characteristic of hazardous waste. However, such tests do not, by themselves,
			 provide definitive results. Persons testing their waste must obtain a
			 representative sample of the waste for the testing, as defined at §
			 260.10.
(2) When available
			 knowledge is inadequate to make an accurate determination, the person must test
			 the waste according to the applicable methods set forth in subsection C of
			 section 261 or according to an equivalent method approved by the Director under
			 § 260.21 and in accordance with the following:
(i) Persons testing their waste must obtain a
			 representative sample of the waste for the testing, as defined at §
			 260.10.
(ii) Where a test method is
			 specified in subsection C of section 261, the results of the regulatory test,
			 when properly performed, are definitive for determining the regulatory status
			 of the waste.
(e) If the waste is determined to be
			 hazardous, the generator must refer to sections 261, 264, 265, 266, 267, 268,
			 and 273 of this rule for other possible exclusions or restrictions pertaining
			 to management of the specific waste.
(f) Recordkeeping for
very small
, small, and large quantity generators. A
very small
, small, or large quantity generator must maintain records supporting
			 its hazardous waste determinations, including records that identify whether a
			 solid waste is a hazardous waste, as defined by § 261.3. Records must be
			 maintained for at least three years from the date that the waste was last sent
			 to on-site or off-site treatment, storage, or disposal. These records must
			 comprise the generator's knowledge of the waste and support the generator's
			 determination, as described at paragraphs (c) and (d) of this section. The
			 records must include, but are not limited to, the following types of
			 information: the results of any tests, sampling, waste analyses, or other
			 determinations made in accordance with this section; records documenting the
			 tests, sampling, and analytical methods used to demonstrate the validity and
			 relevance of such tests; records consulted in order to determine the process by
			 which the waste was generated, the composition of the waste, and the properties
			 of the waste; and records which explain the knowledge basis for the generator's
			 determination, as described at paragraph (d)(1) of this section. The periods of
			 record retention referred to in this section are extended automatically during
			 the course of any unresolved enforcement action regarding the regulated
			 activity or as requested by the Director.
(g) Identifying hazardous waste numbers for
			 small and large quantity generators. If the waste is determined to be
			 hazardous, small quantity generators and large quantity generators must
			 identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes)
			 in subsections C and D of section 261 of this chapter. Prior to shipping the
			 waste off site, the generator also must mark its containers with all applicable
			 EPA hazardous waste numbers (EPA hazardous waste codes) according to §
			 262.32.
§ 262.12
[Reserved]
§
			 262.13
Generator category determination
A generator must determine its generator category. A
				generator's category is based on the amount of hazardous waste generated each
				month and may change from month to month. This section sets forth procedures to
				determine whether a generator is a very small quantity generator, a small
				quantity generator, or a large quantity generator for a particular month, as
				defined in §260.10 of this chapter.
(a) Generators of either acute hazardous
			 waste or non-acute hazardous waste. A generator who either generates acute
			 hazardous waste or non-acute hazardous waste in a calendar month shall
			 determine its generator category for that month by doing the following:
(1) Counting the total amount of hazardous
			 waste generated in the calendar month;
(2) Subtracting from the total any amounts of
			 waste exempt from counting as described in paragraphs (c) and (d) of this
			 section; and
(3) Determining the
			 resulting generator category for the hazardous waste generated using Table 1 of
			 this section.
(b)
			 Generators of both acute and non-acute hazardous wastes. A generator who
			 generates both acute hazardous waste and non-acute hazardous waste in the same
			 calendar month shall determine its generator category for that month by doing
			 the following:
(1) Counting separately the
			 total amount of acute hazardous waste and the total amount of non-acute
			 hazardous waste generated in the calendar month;
(2) Subtracting from each total any amounts
			 of waste exempt from counting as described in paragraphs (c) and (d) of this
			 section;
(3) Determining separately
			 the resulting generator categories for the quantities of acute and non-acute
			 hazardous waste generated using Table 1 of this section; and
(4) Comparing the resulting generator
			 categories from paragraph (b)(3) of this section and applying the more
			 stringent generator category to the accumulation and management of both
			 non-acute hazardous waste and acute hazardous waste generated for that
			 month.
Table 1 to §262.13-Generator Categories Based on
				Quantity of Waste Generated in a Calendar Month
Quantity of acute hazardous waste generated in a
						  calendar month
Quantity of non-acute hazardous waste generated
						  in a calendar month
Quantity of residues from a cleanup of acute
						  hazardous waste generated in a calendar month
Generator category
> 1 kg
Any amount
Any amount
Large quantity generator.
Any amount
= > 1,000 kg
Any amount
Large quantity generator.
Any amount
Any amount
> 100 kg
Large quantity generator.
<= 1 kg
>100 kg and &< 1,000 kg
<= 100 kg
Small quantity generator.
<= 1 kg
<= 100 kg
<= 100 kg
Very small quantity
generator.
(c) When making
			 the monthly quantity-based determinations required by this part, the generator
			 must include all hazardous waste that it generates, except hazardous waste
			 that:
(1) Is exempt from regulation under
			 § 261.4(c) through (f), § 261.6(a)(3), § 261.7(a)(1), or §
			 261.8;
(2) Is managed immediately
			 upon generation only in on-site elementary neutralization units, wastewater
			 treatment units, or totally enclosed treatment facilities as defined in §
			 260.10;
(3) Is recycled, without
			 prior storage or accumulation, only in an on-site process subject to regulation
			 under § 261.6(c)(2);
(4) Is
			 used oil managed under the requirements of § 261.6(a)(4) and section
			 279;
(5) Is spent lead-acid
			 batteries managed under the requirements of section 266 subsection G;
(6) Is universal waste managed under §
			 261.9 and section 273;
(7) Is a
			 hazardous waste that is an unused commercial chemical product (listed in
			 section 261 subsection D or exhibiting one or more characteristics in section
			 261 subsectiont C) that is generated solely as a result of a laboratory
			 clean-out conducted at an eligible academic entity pursuant to § 262.213.
			 For purposes of this provision, the term eligible academic entity shall have
			 the meaning as defined in §262.200; or
(8) Is managed as part of an episodic event
			 in compliance with the conditions of subsection L of this
			 part.
(d) In determining
			 the quantity of hazardous waste generated in a calendar month, a generator need
			 not include:
(1) Hazardous waste when it is
			 removed from on-site accumulation, so long as the hazardous waste was
			 previously counted once;
(2)
			 Hazardous waste generated by on-site treatment (including reclamation) of the
			 generator's hazardous waste, so long as the hazardous waste that is treated was
			 previously counted once; and
(3)
			 Hazardous waste spent materials that are generated, reclaimed, and subsequently
			 reused on site, so long as such spent materials have been previously counted
			 once.
(e) Based on the
			 generator category as determined under this section, the generator must meet
			 the applicable independent requirements listed in §262.10. A generator's
			 category also determines which of the provisions of §§262.14, 262.15,
			 262.16 or 262.17 must be met to obtain an exemption from the storage facility
			 permit, interim status, and operating requirements when accumulating hazardous
			 waste.
(f) Mixing hazardous wastes
			 with solid wastes-
(1) Very small quantity
			 generator wastes.
(i) Hazardous wastes
			 generated by a very small quantity generator may be mixed with solid wastes.
			 Very small quantity generators may mix a portion or all of its hazardous waste
			 with solid waste and remain subject to §262.14 even though the resultant
			 mixture exceeds the quantity limits identified in the definition of very small
			 quantity generator at §260.10 of this chapter, unless the mixture exhibits
			 one or more of the characteristics of hazardous waste identified in section 261
			 subsection C of this chapter.
(ii)
			 If the resulting mixture exhibits a characteristic of hazardous waste, this
			 resultant mixture is a newly-generated hazardous waste. The very small quantity
			 generator must count both the resultant mixture amount plus the other hazardous
			 waste generated in the calendar month to determine whether the total quantity
			 exceeds the very small quantity generator calendar month quantity limits
			 identified in the definition of generator categories found in §260.10 of
			 this chapter. If so, to remain exempt from the permitting, interim status, and
			 operating standards, the very small quantity generator must meet the conditions
			 for exemption applicable to either a small quantity generator or a large
			 quantity generator. The very small quantity generator must also comply with the
			 applicable independent requirements for either a small quantity generator or a
			 large quantity generator.
(iii) If
			 a very small quantity generator's wastes are mixed with used oil, the mixture
			 is subject to section 279. Any material produced from such a mixture by
			 processing, blending, or other treatment is also regulated under section 279.
(2) Small quantity
			 generator and large quantity generator wastes.
(i) Hazardous wastes generated by a small
			 quantity generator or large quantity generator may be mixed with solid waste.
			 These mixtures are subject to the following: the mixture rule in
			 §§261.3(a)(2)(iv), (b)(2) and (3), and (g)(2)(i); the prohibition of
			 dilution rule at §268.3(a); the land disposal restriction requirements of
			 §268.40 if a characteristic hazardous waste is mixed with a solid waste so
			 that it no longer exhibits the hazardous characteristic; and the hazardous
			 waste determination requirement at §262.11.
(ii) If the resulting mixture is found to be
			 a hazardous waste, this resultant mixture is a newly-generated hazardous waste.
			 A small quantity generator must count both the resultant mixture amount plus
			 the other hazardous waste generated in the calendar month to determine whether
			 the total quantity exceeds the small quantity generator calendar monthly
			 quantity limits identified in the definition of generator categories found in
			 §260.10 of this chapter. If so, to remain exempt from the permitting,
			 interim status, and operating standards, the small quantity generator must meet
			 the conditions for exemption applicable to a large quantity generator. The
			 small quantity generator must also comply with the applicable independent
			 requirements for a large quantity generator.
§
			 262.14
Conditions for exemption for a very small quantity
			 generator
(a) Provided that the very
			 small quantity generator meets all the conditions for exemption listed in this
			 section, hazardous waste generated by the very small quantity generator is not
			 subject to the requirements of 40 CFR part 124, and sections 262 (except
			 §§262.10-262.14) through 268, and 270 of this rule, and the
			 notification requirements of section 3010 of RCRA and the very small quantity
			 generator may accumulate hazardous waste on site without complying with such
			 requirements. The conditions for exemption are as follows:
(1) In a calendar month the very small
			 quantity generator generates less than or equal to the amounts specified in the
			 definition of "very small quantity generator" in §260.10 of this
			 chapter;
(2) The very small
			 quantity generator complies with §262.11(a) through (d);
(3) If the very small quantity generator
			 accumulates at any time greater than 1 kilogram (2.2 lbs) of acute hazardous
			 waste or 100 kilograms (220 lbs) of any residue or contaminated soil, water, or
			 other debris resulting from the cleanup of a spill, into or on any land or
			 water, of any acute hazardous waste listed in §§261.31 or 261.33(e)
			 of this chapter, all quantities of that acute hazardous waste are subject to
			 the following additional conditions for exemption:
(i) Such waste is held on site for no more
			 than 90 days beginning on the date when the accumulated wastes exceed the
			 amounts provided above; and
(ii) The
			 conditions for exemption in §262.17(a) through (g).
(4) If the very small quantity generator
			 accumulates at any time 1,000 kilograms (2,200 lbs) or greater of non-acute
			 hazardous waste, all quantities of that hazardous waste are subject to the
			 following additional conditions for exemption:
(i) Such waste is held on site for no more
			 than 180 days, or 270 days, if applicable, beginning on the date when the
			 accumulated waste exceed the amounts provided above;
(ii) The quantity of waste accumulated on
			 site never exceeds 6,000 kilograms (13,200 lbs); and
(iii) The conditions for exemption in
			 §262.16(b)(2) through (f).
(5) A very small quantity generator that
			 accumulates hazardous waste in amounts less than or equal to the limits in
			 paragraphs (a)(3) and (4) of this section must either treat or dispose of its
			 hazardous waste in an on-site facility or ensure delivery to an off-site
			 treatment, storage, or disposal facility, either of which, if located in the
			 U.S., is:
(i) Permitted under section 270 of
			 this rule;
(ii) In interim status
			 under sections 265 and 270 of this rule;
(iii) Authorized to manage hazardous waste by
			 a state with a hazardous waste management program approved under section 271 of
			 this rule;
(iv) Permitted,
			 licensed, or registered by a state to manage municipal solid waste and, if
			 managed in a municipal solid waste landfill is subject to 40 CFR part 258 and
			 APC&EC Rule No. 22;
(v)
			 Permitted, licensed, or registered by a state to manage non-municipal
			 non-hazardous waste and, if managed in a non-municipal non-hazardous waste
			 disposal unit, is subject to the requirements in 40 CFR parts 257.5 through
			 257.30 and APC&EC Regualtion No. 22;
(vi) A facility which:
(A) Beneficially uses or reuses, or
			 legitimately recycles or reclaims its waste; or
(B) Treats its waste prior to beneficial use
			 or reuse, or legitimate recycling or reclamation;
(vii) For universal waste managed under
			 section 273 of this rule, a universal waste handler or destination facility
			 subject to the requirements of section 273 of this rule;
(viii) A large quantity generator under the
			 control of the same person as the very small quantity generator, provided the
			 following conditions are met:
(A) The very
			 small quantity generator and the large quantity generator are under the control
			 of the same person as defined in §260.10 of this chapter. "Control," for
			 the purposes of this section, means the power to direct the policies of the
			 generator, whether by the ownership of stock, voting rights, or otherwise,
			 except that contractors who operate generator facilities on behalf of a
			 different person as defined in §260.10 of this chapter shall not be deemed
			 to "control" such generators.
(B)
			 The very small quantity generator marks its container(s) of hazardous waste
			 with:
(1) The words "Hazardous Waste"
			 and
(2) An indication of the
			 hazards of the contents (examples include, but are not limited to, the
			 applicable hazardous waste characteristic(s) (
i.e.,
ignitable, corrosive, reactive, toxic); hazard communication consistent with
			 the Department of Transportation requirements at 49 CFR part 172 subpart E
			 (labeling) or subpart F (placarding); a hazard statement or pictogram
			 consistent with the Occupational Safety and Health Administration Hazard
			 Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code
			 704).
(b) The placement of bulk or
			 non-containerized liquid hazardous waste or hazardous waste containing free
			 liquids (whether or not sorbents have been added) in any landfill is
			 prohibited.
(c) A very small
			 quantity generator experiencing an episodic event may generate and accumulate
			 hazardous waste in accordance with subsection L of this section in lieu of
			 §§262.15, 262.16, and 262.17.
§ 262.15
Satellite accumulation
			 area rules for small and large quantity generators
(a) A generator may accumulate as much as 55
			 gallons of non-acute hazardous waste and/or either one quart of liquid acute
			 hazardous waste listed in §261.31 or §261.33(e) of this chapter or 1
			 kg (2.2 lbs) of solid acute hazardous waste listed in §261.31 or
			 §261.33(e) of this chapter in containers at or near any point of
			 generation where wastes initially accumulate which is under the control of the
			 operator of the process generating the waste, without a permit or interim
			 status and without complying with the requirements of 40 CFR part 124, and
			 sections 264 through 267, and 270 of this rule, provided that all of the
			 conditions for exemption in this section are met. A generator may comply with
			 the conditions for exemption in this section instead of complying with the
			 conditions for exemption in §262.16(b) or §262.17(a), except as
			 required in §262.15(a)(7) and (8). The conditions for exemption for
			 satellite accumulation are:
(1) If a container
			 holding hazardous waste is not in good condition, or if it begins to leak, the
			 generator must immediately transfer the hazardous waste from this container to
			 a container that is in good condition and does not leak, or immediately
			 transfer and manage the waste in a central accumulation area operated in
			 compliance with §262.16(b) or §262.17(a).
(2) The generator must use a container made
			 of or lined with materials that will not react with, and are otherwise
			 compatible with, the hazardous waste to be accumulated, so that the ability of
			 the container to contain the waste is not impaired.
(3) Special standards for incompatible
			 wastes.
(i) Incompatible wastes, or
			 incompatible wastes and materials, (see appendix V of section 265 for examples)
			 must not be placed in the same container, unless §265.17(b) of this
			 chapter is complied with.
(ii)
			 Hazardous waste must not be placed in an unwashed container that previously
			 held an incompatible waste or material (see appendix V of section 265 for
			 examples), unless §265.17(b) of this chapter is complied with.
(iii) A container holding a hazardous waste
			 that is incompatible with any waste or other materials accumulated nearby in
			 other containers must be separated from the other materials or protected from
			 them by any practical means.
(4) A container holding hazardous waste must
			 be closed at all times during accumulation, except:
(i) When adding, removing, or consolidating
			 waste; or
(ii) When temporary
			 venting of a container is necessary
(A) For
			 the proper operation of equipment, or
(B) To prevent dangerous situations, such as
			 build-up of extreme pressure.
(5) A generator must mark or label its
			 container with the following:
(i) The words
			 "Hazardous Waste" and
(ii) An
			 indication of the hazards of the contents (examples include, but are not
			 limited to, the applicable hazardous waste characteristic(s) (
i.e.,
ignitable, corrosive, reactive, toxic); hazard communication
			 consistent with the Department of Transportation requirements at 49 CFR part
			 172 subpart E (labeling) or subpart F (placarding); a hazard statement or
			 pictogram consistent with the Occupational Safety and Health Administration
			 Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704).
(6) A generator who accumulates
			 either acute hazardous waste listed in §261.31 or §261.33(e) of this
			 chapter or non-acute hazardous waste in excess of the amounts listed in
			 paragraph (a) of this section at or near any point of generation must do the
			 following:
(i) Comply within three
			 consecutive calendar days with the applicable central accumulation area rules
			 in §262.16(b) or §262.17(a), or
(ii) Remove the excess from the satellite
			 accumulation area within three consecutive calendar days to either:
(A) A central accumulation area operated in
			 accordance with the applicable rules in §262.16(b) or
			 §262.17(a);
(B) An on-site
			 interim status or permitted treatment, storage, or disposal facility,
			 or
(C) An off-site designated
			 facility; and
(iii)
			 During the three-consecutive-calendar-day period the generator must continue to
			 comply with paragraphs (a)(1) through (5) of this section. The generator must
			 mark or label the container(s) holding the excess accumulation of hazardous
			 waste with the date the excess amount began accumulating.
(7) All satellite accumulation areas operated
			 by a small quantity generator must meet the preparedness and prevention rules
			 of §262.16(b)(8) and emergency procedures at §262.16(b)(9).
(8) All satellite accumulation areas operated
			 by a large quantity generator must meet the Preparedness, Prevention and
			 Emergency Procedures in subsection M of this part.
(b) [Reserved]
§ 262.16
Conditions for exemption
			 for a small quantity generator that accumulates hazardous waste
A small quantity generator may accumulate hazardous waste on
				site without a permit or interim status, and without complying with the
				requirements of 40 CFR part 124, and sections 264 through 267, and 270 of this
				rule, or the notification requirements of section 3010 of RCRA, provided that
				all the conditions for exemption listed in this section are met:
(a) Generation. The generator generates in a
			 calendar month no more than the amounts specified in the definition of "small
			 quantity generator" in §260.10 of this chapter.
(b) Accumulation. The generator accumulates
			 hazardous waste on site for no more than 180 days, unless in compliance with
			 the conditions for exemption for longer accumulation in paragraphs (d) and (e)
			 of this section. The following accumulation conditions also apply:
(1) Accumulation limit. The quantity of
			 hazardous waste accumulated on site never exceeds 6,000 kilograms (13,200
			 pounds);
(2) Accumulation of
			 hazardous waste in containers-
(i) Condition
			 of containers
.
If a container holding hazardous waste is not
			 in good condition, or if it begins to leak, the small quantity generator must
			 immediately transfer the hazardous waste from this container to a container
			 that is in good condition, or immediately manage the waste in some other way
			 that complies with the conditions for exemption of this section.
(ii) Compatibility of waste with container.
			 The small quantity generator must use a container made of or lined with
			 materials that will not react with, and are otherwise compatible with, the
			 hazardous waste to be accumulated, so that the ability of the container to
			 contain the waste is not impaired.
(iii) Management of containers.
(A) A container holding hazardous waste must
			 always be closed during accumulation, except when it is necessary to add or
			 remove waste.
(B) A container
			 holding hazardous waste must not be opened, handled, or accumulated in a manner
			 that may rupture the container or cause it to leak.
(iv) Inspections. At least weekly, the small
			 quantity generator must inspect central accumulation areas. The small quantity
			 generator must look for leaking containers and for deterioration of containers
			 caused by corrosion or other factors. See paragraph (b)(2)(i) of this section
			 for remedial action required if deterioration or leaks are detected.
(v) Special conditions for accumulation of
			 incompatible wastes.
(A) Incompatible wastes,
			 or incompatible wastes and materials, (see appendix V of section 265 for
			 examples) must not be placed in the same container, unless §265.17(b) of
			 this chapter is complied with.
(B)
			 Hazardous waste must not be placed in an unwashed container that previously
			 held an incompatible waste or material (see appendix V of part 265 for
			 examples), unless §265.17(b) of this chapter is complied with.
(C) A container accumulating hazardous waste
			 that is incompatible with any waste or other materials accumulated or stored
			 nearby in other containers, piles, open tanks, or surface impoundments must be
			 separated from the other materials or protected from them by means of a dike,
			 berm, wall, or other device.
(3) Accumulation of hazardous waste in tanks.
(i) [Reserved]
(ii) A small quantity generator of hazardous
			 waste must comply with the following general operating conditions:
(A) Treatment or accumulation of hazardous
			 waste in tanks must comply with §265.17(b) of this chapter.
(B) Hazardous wastes or treatment reagents
			 must not be placed in a tank if they could cause the tank or its inner liner to
			 rupture, leak, corrode, or otherwise fail before the end of its intended
			 life.
(C) Uncovered tanks must be
			 operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the
			 tank is equipped with a containment structure (
e.g.,
dike or
			 trench), a drainage control system, or a diversion structure (
e.g.,
standby tank) with a capacity that equals or exceeds the volume of
			 the top 60 centimeters (2 feet) of the tank.
(D) Where hazardous waste is continuously fed
			 into a tank, the tank must be equipped with a means to stop this inflow
			 (
e.g.,
waste feed cutoff system or by-pass system to a
			 stand-by tank).
(iii)
			 Except as noted in paragraph (b)(3)(iv) of this section, a small quantity
			 generator that accumulates hazardous waste in tanks must inspect, where
			 present:
(A) Discharge control equipment
			 (
e.g.,
waste feed cutoff systems, by-pass systems, and
			 drainage systems) at least once each operating day, to ensure that it is in
			 good working order;
(B) Data
			 gathered from monitoring equipment (
e.g.,
pressure and
			 temperature gauges) at least once each operating day to ensure that the tank is
			 being operated according to its design;
(C) The level of waste in the tank at least
			 once each operating day to ensure compliance with paragraph (b)(3)(ii)(C) of
			 this section;
(D) The construction
			 materials of the tank at least weekly to detect corrosion or leaking of
			 fixtures or seams; and
(E) The
			 construction materials of, and the area immediately surrounding, discharge
			 confinement structures (
e.g.,
dikes) at least weekly to
			 detect erosion or obvious signs of leakage (
e.g.,
wet spots
			 or dead vegetation). The generator must remedy any deterioration or malfunction
			 of equipment or structures which the inspection reveals on a schedule which
			 ensures that the problem does not lead to an environmental or human health
			 hazard. Where a hazard is imminent or has already occurred, remedial action
			 must be taken immediately.
(iv) A small quantity generator accumulating
			 hazardous waste in tanks or tank systems that have full secondary containment
			 and that either use leak detection equipment to alert personnel to leaks, or
			 implement established workplace practices to ensure leaks are promptly
			 identified, must inspect at least weekly, where applicable, the areas
			 identified in paragraphs (b)(3)(iii)(A) through (E) of this section. Use of the
			 alternate inspection schedule must be documented in the generator's operating
			 record. This documentation must include a description of the established
			 workplace practices at the generator.
(v) [Reserved]
(vi) A small quantity generator accumulating
			 hazardous waste in tanks must, upon closure of the facility, remove all
			 hazardous waste from tanks, discharge control equipment, and discharge
			 confinement structures. At closure, as throughout the operating period, unless
			 the small quantity generator can demonstrate, in accordance with §261.3(c)
			 or (d) of this chapter, that any solid waste removed from its tank is not a
			 hazardous waste, then it must manage such waste in accordance with all
			 applicable provisions of sections 262, 263, 265 and 268 of this rule.
(vii) A small quantity generator must comply
			 with the following special conditions for accumulation of ignitable or reactive
			 waste:
(A) Ignitable or reactive waste must
			 not be placed in a tank, unless:
(1) The waste
			 is treated, rendered, or mixed before or immediately after placement in a tank
			 so that the resulting waste, mixture, or dissolution of material no longer
			 meets the definition of ignitable or reactive waste under §261.21 or
			 §261.23 of this rule and §265.17(b) of this rule is complied with;
			 or
(2) The waste is accumulated or
			 treated in such a way that it is protected from any material or conditions that
			 may cause the waste to ignite or react; or
(3) The tank is used solely for
			 emergencies.
(B) A small
			 quantity generator which treats or accumulates ignitable or reactive waste in
			 covered tanks must comply with the buffer zone requirements for tanks contained
			 in Tables 2-1 through 2-6 of the National Fire Protection Association's
			 "Flammable and Combustible Liquids Code" (1977 or 1981) (incorporated by
			 reference, see §260.11).
(C) A
			 small quantity generator must comply with the following special conditions for
			 incompatible wastes:
(1) Incompatible wastes,
			 or incompatible wastes and materials, (see section 265 appendix V for examples)
			 must not be placed in the same tank, unless §265.17(b) of this rule is
			 complied with.
(2) Hazardous waste
			 must not be placed in an unwashed tank that previously held an incompatible
			 waste or material, unless §265.17(b) of this rule is complied
			 with.
(4) Accumulation of hazardous waste on drip
			 pads. If the waste is placed on drip pads, the small quantity generator must
			 comply with the following:
(i) Subsection W of
			 section 265 (except §265.445 (c));
(ii) The small quantity generator must remove
			 all wastes from the drip pad at least once every 90 days. Any hazardous wastes
			 that are removed from the drip pad at least once every 90 days are then subject
			 to the 180-day accumulation limit in paragraph (b) of this section and
			 §262.15 if hazardous wastes are being managed in satellite accumulation
			 areas prior to being moved to the central accumulation area; and
(iii) The small quantity generator must
			 maintain on site at the facility the following records readily available for
			 inspection:
(A) A written description of
			 procedures that are followed to ensure that all wastes are removed from the
			 drip pad and associated collection system at least once every 90 days;
			 and
(B) Documentation of each waste
			 removal, including the quantity of waste removed from the drip pad and the sump
			 or collection system and the date and time of removal.
(5) Accumulation of
			 hazardous waste in containment buildings. If the waste is placed in containment
			 buildings, the small quantity generator must comply with of section 265
			 subsection DD. The generator must label its containment buildings with the
			 words "Hazardous Waste" in a conspicuous place easily visible to employees,
			 visitors, emergency responders, waste handlers, or other persons on site and
			 also in a conspicuous place provide an indication of the hazards of the
			 contents (examples include, but are not limited to, the applicable hazardous
			 waste characteristic(s) (
i.e.,
ignitable, corrosive,
			 reactive, toxic); hazard communication consistent with the Department of
			 Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart
			 F (placarding); a hazard statement or pictogram consistent with the
			 Occupational Safety and Health Administration Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704).The
			 generator must also maintain:
(i) The
			 professional engineer certification that the building complies with the design
			 standards specified in § 265.1101. This certification must be in the
			 generator's files prior to operation of the unit; and
(ii) The following records by use of
			 inventory logs, monitoring equipment, or any other effective means:
(A) A written description of procedures to
			 ensure that each waste volume remains in the unit for no more than 90 days, a
			 written description of the waste generation and management practices for the
			 facility showing that the generator is consistent with maintaining the 90 day
			 limit, and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at
			 least once every 90 days.
(C)
			 Inventory logs or records with the above information must be maintained on site
			 and readily available for inspection.
(6) Labeling and marking of containers and
			 tanks-.
(i) Containers. A small quantity
			 generator must mark or label its containers with the following:
(A) The words "Hazardous Waste";
(B) An indication of the hazards of the
			 contents (examples include, but are not limited to, the applicable hazardous
			 waste characteristic(s) (
i.e.,
ignitable, corrosive,
			 reactive, toxic); hazard communication consistent with the Department of
			 Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart
			 F (placarding); a hazard statement or pictogram consistent with the
			 Occupational Safety and Health Administration Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704);
			 and
(C) The date upon which each
			 period of accumulation begins clearly visible for inspection on each container.
(ii) Tanks. A small
			 quantity generator accumulating hazardous waste in tanks must do the following:
(A) Mark or label its tanks with the words
			 "Hazardous Waste";
(B) Mark or
			 label its tanks with an indication of the hazards of the contents (examples
			 include, but are not limited to, the applicable hazardous waste
			 characteristic(s) (
i.e.,
ignitable, corrosive, reactive,
			 toxic); hazard communication consistent with the Department of Transportation
			 requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding);
			 a hazard statement or pictogram consistent with the Occupational Safety and
			 Health Administration Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment,
			 or other records to demonstrate that hazardous waste has been emptied within
			 180 days of first entering the tank if using a batch process, or in the case of
			 a tank with a continuous flow process, demonstrate that estimated volumes of
			 hazardous waste entering the tank daily exit the tank within 180 days of first
			 entering; and
(D) Keep inventory
			 logs or records with the above information on site and readily available for
			 inspection.
(7) Land disposal restrictions. A small
			 quantity generator must comply with all the applicable requirements under
			 section 268.
(8) Preparedness and
			 prevention-
(i)  Maintenance and operation of
			 facility. A small quantity generator must maintain and operate its facility to
			 minimize the possibility of a fire, explosion, or any unplanned sudden or
			 non-sudden release of hazardous waste or hazardous waste constituents to air,
			 soil, or surface water which could threaten human health or the
			 environment.
(ii) Required
			 equipment
.
All areas where hazardous waste is either
			 generated or accumulated must be equipped with the items in paragraphs
			 (b)(8)(ii)(A) through (D) of this section (
unless
none of the
			 hazards posed by waste handled at the facility could require a particular kind
			 of equipment specified below or the actual waste generation or accumulation
			 area does not lend itself for safety reasons to have a particular kind of
			 equipment specified below). A small quantity generator may determine the most
			 appropriate locations to locate equipment necessary to prepare for and respond
			 to emergencies.
(A) An internal
			 communications or alarm system capable of providing immediate emergency
			 instruction (voice or signal) to facility personnel;
(B) A device, such as a telephone
			 (immediately available at the scene of operations) or a hand-held two-way
			 radio, capable of summoning emergency assistance from local police departments,
			 fire departments, or State or local emergency response teams;
(C) Portable fire extinguishers, fire control
			 equipment (including special extinguishing equipment, such as that using foam,
			 inert gas, or dry chemicals), spill control equipment, and decontamination
			 equipment; and
(D) Water at
			 adequate volume and pressure to supply water hose streams, or foam producing
			 equipment, or automatic sprinklers, or water spray systems.
(iii) Testing and maintenance of
			 equipment. All communications or alarm systems, fire protection equipment,
			 spill control equipment, and decontamination equipment, where required, must be
			 tested and maintained as necessary to assure its proper operation in time of
			 emergency.
(iv) Access to
			 communications or alarm system.
(A) Whenever
			 hazardous waste is being poured, mixed, spread, or otherwise handled, all
			 personnel involved in the operation must have immediate access (
e.g.,
direct or unimpeded access) to an internal alarm or emergency
			 communication device, either directly or through visual or voice contact with
			 another employee,
unless
such a device is not required under
			 paragraph (a)(8)(ii) of this section.
(B) In the event there is just one employee
			 on the premises while the facility is operating, the employee must have
			 immediate access (
e.g.,
direct or unimpeded access) to a
			 device, such as a telephone (immediately available at the scene of operation)
			 or a hand-held two-way radio, capable of summoning external emergency
			 assistance,
unless
such a device is not required under
			 paragraph (a)(8)(ii) of this section.
(v) Required aisle space. The small quantity
			 generator must maintain aisle space to allow the unobstructed movement of
			 personnel, fire protection equipment, spill control equipment, and
			 decontamination equipment to any area of facility operation in an emergency,
			 unless aisle space is not needed for any of these purposes.
(vi) Arrangements with local authorities.
(A) The small quantity generator must attempt
			 to make arrangements with the local police department, fire department, other
			 emergency response teams, emergency response contractors, equipment suppliers
			 and local hospitals, taking into account the types and quantities of hazardous
			 wastes handled at the facility. Arrangements may be made with the Local
			 Emergency Planning Committee, if it is determined to be the appropriate
			 organization with which to make arrangements.
(1) A small quantity generator attempting to
			 make arrangements with its local fire department must determine the potential
			 need for the services of the local police department, other emergency response
			 teams, emergency response contractors, equipment suppliers and local
			 hospitals.
(2) As part of this
			 coordination, the small quantity generator shall attempt to make arrangements,
			 as necessary, to familiarize the above organizations with the layout of the
			 facility, the properties of hazardous waste handled at the facility and
			 associated hazards, places where facility personnel would normally be working,
			 entrances to roads inside the facility, and possible evacuation routes as well
			 as the types of injuries or illnesses that could result from fires, explosions,
			 or releases at the facility.
(3)
			 Where more than one police or fire department might respond to an emergency,
			 the small quantity generator shall attempt to make arrangements designating
			 primary emergency authority to a specific fire or police department, and
			 arrangements with any others to provide support to the primary emergency
			 authority.
(B) A small
			 quantity generator shall maintain records documenting the arrangements with the
			 local fire department as well as any other organization necessary to respond to
			 an emergency. This documentation must include documentation in the operating
			 record that either confirms such arrangements actively exist or, in cases where
			 no arrangements exist, confirms that attempts to make such arrangements were
			 made.
(C) A facility possessing
			 24-hour response capabilities may seek a waiver from the authority having
			 jurisdiction (AHJ) over the fire code within the facility's state or locality
			 as far as needing to make arrangements with the local fire department as well
			 as any other organization necessary to respond to an emergency, provided that
			 the waiver is documented in the operating record.
(9) Emergency
			 procedures. The small quantity generator complies with the following conditions
			 for those areas of the generator facility where hazardous waste is generated
			 and accumulated:
(i) At all times there must
			 be at least one employee either on the premises or on call (
i.e.,
available to respond to an emergency by reaching the facility within
			 a short period of time) with the responsibility for coordinating all emergency
			 response measures specified in paragraph (b)(9)(iv) of this section. This
			 employee is the emergency coordinator.
(ii) The small quantity generator must post
			 the following information next to telephones or in areas directly involved in
			 the generation and accumulation of hazardous waste:
(A) The name and emergency telephone number
			 of the emergency coordinator;
(B)
			 Location of fire extinguishers and spill control material, and, if present,
			 fire alarm; and
(C) The telephone
			 number of the fire department, unless the facility has a direct
			 alarm.
(iii) The small
			 quantity generator must ensure that all employees are thoroughly familiar with
			 proper waste handling and emergency procedures, relevant to their
			 responsibilities during normal facility operations and emergencies;
(iv) The emergency coordinator or his
			 designee must respond to any emergencies that arise. The applicable responses
			 are as follows:
(A) In the event of a fire,
			 call the fire department or attempt to extinguish it using a fire
			 extinguisher;
(B) In the event of a
			 spill, the small quantity generator is responsible for containing the flow of
			 hazardous waste to the extent possible, and as soon as is practicable, cleaning
			 up the hazardous waste and any contaminated materials or soil. Such containment
			 and cleanup can be conducted either by the small quantity generator or by a
			 contractor on behalf of the small quantity generator;
(C) In the event of a fire, explosion, or
			 other release that could threaten human health outside the facility or when the
			 small quantity generator has knowledge that a spill has reached surface water,
			 the small quantity generator must immediately notify the National Response
			 Center (using their 24-hour toll free number 800/424-8802). The report must
			 include the following information:
(1) The
			 name, address, and U.S. EPA identification number of the small quantity
			 generator;
(2) Date, time, and type
			 of incident (
e.g.,
spill or fire);
(3) Quantity and type of hazardous waste
			 involved in the incident;
(4) Extent
			 of injuries, if any; and
(5)
			 Estimated quantity and disposition of recovered materials, if any.
(c)
			 Transporting over 200 miles. A small quantity generator who must transport its
			 waste, or offer its waste for transportation, over a distance of 200 miles or
			 more for off-site treatment, storage or disposal may accumulate hazardous waste
			 on site for 270 days or less without a permit or without having interim status
			 provided that the generator complies with the conditions of paragraph (b) of
			 this section.
(d) Accumulation time
			 limit extension. A small quantity generator who accumulates hazardous waste for
			 more than 180 days (or for more than 270 days if it must transport its waste,
			 or offer its waste for transportation, over a distance of 200 miles or more) is
			 subject to the requirements of sections 264, 265, 267, 268, and 270 of this
			 rule unless it has been granted an extension to the 180-day (or 270-day if
			 applicable) period. Such extension may be granted by the Director if hazardous
			 wastes must remain on site for longer than 180 days (or 270 days if applicable)
			 due to unforeseen, temporary, and uncontrollable circumstances. An extension of
			 up to 30 days may be granted at the discretion of the Director on a
			 case-by-case basis.
(e) Rejected
			 load. A small quantity generator who sends a shipment of hazardous waste to a
			 designated facility with the understanding that the designated facility can
			 accept and manage the waste and later receives that shipment back as a rejected
			 load or residue in accordance with the manifest discrepancy provisions of
			 §264.72 or §265.72 of this chapter may accumulate the returned waste
			 on site in accordance with paragraphs (a)-(d) of this section. Upon receipt of
			 the returned shipment, the generator must:
(1)
			 Sign Item 18c of the manifest, if the transporter returned the shipment using
			 the original manifest; or
(2) Sign
			 Item 20 of the manifest, if the transporter returned the shipment using a new
			 manifest.
(f) A small
			 quantity generator experiencing an episodic event may accumulate hazardous
			 waste in accordance with subsection L of this section in lieu of §262.17.
§ 262.17
Conditions for exemption for a large quantity generator that accumulates
			 hazardous waste
A large quantity generator may accumulate hazardous waste on
				site without a permit or interim status, and without complying with the
				requirements of 40 CFR part124, and sections 264 through 267, and 270 of this
				rule, or the notification requirements of section 3010 of RCRA, provided that
				all of the following conditions for exemption are met:
(a) Accumulation. A large quantity generator
			 accumulates hazardous waste on site for no more than 90 days, unless in
			 compliance with the accumulation time limit extension or F006 accumulation
			 conditions for exemption in paragraphs (b) through (e) of this section. The
			 following accumulation conditions also apply:
(1) Accumulation of hazardous waste in
			 containers. If the hazardous waste is placed in containers, the large quantity
			 generator must comply with the following:
(i)
			 Air emission standards. The applicable requirements of subsections AA, BB, and
			 CC of section 265;
(ii) Condition
			 of containers. If a container holding hazardous waste is not in good condition,
			 or if it begins to leak, the large quantity generator must immediately transfer
			 the hazardous waste from this container to a container that is in good
			 condition, or immediately manage the waste in some other way that complies with
			 the conditions for exemption of this section;
(iii) Compatibility of waste with container.
			 The large quantity generator must use a container made of or lined with
			 materials that will not react with, and are otherwise compatible with, the
			 hazardous waste to be stored, so that the ability of the container to contain
			 the waste is not impaired;
(iv)
			 Management of containers.
(A) A container
			 holding hazardous waste must always be closed during accumulation, except when
			 it is necessary to add or remove waste.
(B) A container holding hazardous waste must
			 not be opened, handled, or stored in a manner that may rupture the container or
			 cause it to leak.
(v)
			 Inspections. At least weekly, the large quantity generator must inspect central
			 accumulation areas. The large quantity generator must look for leaking
			 containers and for deterioration of containers caused by corrosion or other
			 factors. See paragraph (a)(1)(ii) of this section for remedial action required
			 if deterioration or leaks are detected.
(vi) Special conditions for accumulation of
			 ignitable and reactive wastes.
(A) Containers
			 holding ignitable or reactive waste must be located at least 15 meters (50
			 feet) from the facility's property line unless a written approval is obtained
			 from the authority having jurisdiction over the local fire code allowing
			 hazardous waste accumulation to occur within this restricted area. A record of
			 the written approval must be maintained as long as ignitable or reactive
			 hazardous waste is accumulated in this area.
(B) The large quantity generator must take
			 precautions to prevent accidental ignition or reaction of ignitable or reactive
			 waste. This waste must be separated and protected from sources of ignition or
			 reaction including but not limited to the following: Open flames, smoking,
			 cutting and welding, hot surfaces, frictional heat, sparks (static, electrical,
			 or mechanical), spontaneous ignition (e.g., from heat-producing chemical
			 reactions), and radiant heat. While ignitable or reactive waste is being
			 handled, the large quantity generator must confine smoking and open flame to
			 specially designated locations. "No Smoking" signs must be conspicuously placed
			 wherever there is a hazard from ignitable or reactive waste.
(vii) Special conditions for
			 accumulation of incompatible wastes.
(A)
			 Incompatible wastes, or incompatible wastes and materials, (see appendix V of
			 section 265 for examples) must not be placed in the same container, unless
			 §265.17(b) of this regualtion is complied with.
(B) Hazardous waste must not be placed in an
			 unwashed container that previously held an incompatible waste or material (see
			 appendix V of section 265 for examples), unless §265.17(b) of this rule is
			 complied with.
(C) A container
			 holding a hazardous waste that is incompatible with any waste or other
			 materials accumulated or stored nearby in other containers, piles, open tanks,
			 or surface impoundments must be separated from the other materials or protected
			 from them by means of a dike, berm, wall, or other device.
(2)
			 Accumulation of hazardous waste in tanks. If the waste is placed in tanks, the
			 large quantity generator must comply with the applicable requirements of
			 subsections J, except §265.197(c) of Closure and post-closure care and
			 §265.200-Waste analysis and trial tests, as well as the applicable
			 requirements of AA, BB, and CC of section 265.
(3) Accumulation of hazardous waste on drip
			 pads. If the hazardous waste is placed on drip pads, the large quantity
			 generator must comply with the following:
(i)
			 Subsection W of section 265;
(ii)
			 The large quantity generator must remove all wastes from the drip pad at least
			 once every 90 days. Any hazardous wastes that are removed from the drip pad are
			 then subject to the 90-day accumulation limit in paragraph (a) of this section
			 and §262.15, if the hazardous wastes are being managed in satellite
			 accumulation areas prior to being moved to a central accumulation area;
			 and
(iii) The large quantity
			 generator must maintain on site at the facility the following records readily
			 available for inspection:
(A) A written
			 description of procedures that are followed to ensure that all wastes are
			 removed from the drip pad and associated collection system at least once every
			 90 days; and
(B) Documentation of
			 each waste removal, including the quantity of waste removed from the drip pad
			 and the sump or collection system and the date and time of removal.
(4) Accumulation of
			 hazardous waste in containment buildings. If the waste is placed in containment
			 buildings, the large quantity generator must comply with of section 265
			 subsection DD. The generator must label its containment building with the words
			 "Hazardous Waste" in a conspicuous place easily visible to employees, visitors,
			 emergency responders, waste handlers, or other persons on site, and also in a
			 conspicuous place provide an indication of the hazards of the contents
			 (examples include, but are not limited to, the applicable hazardous waste
			 characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
			 communication consistent with the Department of Transportation requirements at
			 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
			 statement or pictogram consistent with the Occupational Safety and Health
			 Administration Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704). The
			 generator must also maintain:
(i) The
			 professional engineer certification that the building complies with the design
			 standards specified in § 265.1101. This certification must be in the
			 generator's files prior to operation of the unit; and
(ii) The following records by use of
			 inventory logs, monitoring equipment, or any other effective means:
(A) A written description of procedures to
			 ensure that each waste volume remains in the unit for no more than 90 days, a
			 written description of the waste generation and management practices for the
			 facility showing that the generator is consistent with respecting the 90 day
			 limit, and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at
			 least once every 90 days.
(C)
			 Inventory logs or records with the above information must be maintained on site
			 and readily available for inspection.
(5) Labeling and marking of containers and
			 tanks-
(i) Containers. A large quantity
			 generator must mark or label its containers with the following:
(A) The words "Hazardous Waste";
(B) An indication of the hazards of the
			 contents (examples include, but are not limited to, the applicable hazardous
			 waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
			 communication consistent with the Department of Transportation requirements at
			 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
			 statement or pictogram consistent with the Occupational Safety and Health
			 Administration Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704);
			 and
(C) The date upon which each
			 period of accumulation begins clearly visible for inspection on each
			 container.
(ii) Tanks. A
			 large quantity generator accumulating hazardous waste in tanks must do the
			 following:
(A) Mark or label its tanks with
			 the words "Hazardous Waste";
(B)
			 Mark or label its tanks with an indication of the hazards of the contents
			 (examples include, but are not limited to, the applicable hazardous waste
			 characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
			 communication consistent with the Department of Transportation requirements at
			 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
			 statement or pictogram consistent with the Occupational Safety and Health
			 Administration Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment
			 or other records to demonstrate that hazardous waste has been emptied within 90
			 days of first entering the tank if using a batch process, or in the case of a
			 tank with a continuous flow process, demonstrate that estimated volumes of
			 hazardous waste entering the tank daily exit the tank within 90 days of first
			 entering; and
(D) Keep inventory
			 logs or records with the above information on site and readily available for
			 inspection.
(6) Emergency procedures. The large quantity
			 generator complies with the standards in subsection M of this section,
			 Preparedness, Prevention and Emergency Procedures for Large Quantity
			 Generators.
(7) Personnel training.
(i)
(A)
			 Facility personnel must successfully complete a program of classroom
			 instruction, online training (e.g., computer-based or electronic), or
			 on-the-job training that teaches them to perform their duties in a way that
			 ensures compliance with this part. The large quantity generator must ensure
			 that this program includes all the elements described in the document required
			 under paragraph (a)(7)(iv) of this section.
(B) This program must be directed by a person
			 trained in hazardous waste management procedures, and must include instruction
			 which teaches facility personnel hazardous waste management procedures
			 (including contingency plan implementation) relevant to the positions in which
			 they are employed.
(C) At a
			 minimum, the training program must be designed to ensure that facility
			 personnel are able to respond effectively to emergencies by familiarizing them
			 with emergency procedures, emergency equipment, and emergency systems,
			 including where applicable:
(1) Procedures
			 for using, inspecting, repairing, and replacing facility emergency and
			 monitoring equipment;
(2) Key
			 parameters for automatic waste feed cut-off systems;
(3) Communications or alarm
			 systems;
(4) Response to fires or
			 explosions;
(5) Response to
			 ground-water contamination incidents; and
(6) Shutdown of
			 operations.
(D) For
			 facility employees that receive emergency response training pursuant to
			 Occupational Safety and Health Administration regulations
			 29 CFR
			 1910.120(p)(8) and
			 1910.120(q),
			 the large quantity generator is not required to provide separate emergency
			 response training pursuant to this section, provided that the overall facility
			 training meets all the conditions of exemption in this section.
(ii) Facility personnel
			 must successfully complete the program required in paragraph (a)(7)(i) of this
			 section within six months after the date of their employment or assignment to
			 the facility, or to a new position at the facility, whichever is later.
			 Employees must not work in unsupervised positions until they have completed the
			 training standards of paragraph (a)(7)(i) of this section.
(iii) Facility personnel must take part in an
			 annual review of the initial training required in paragraph (a)(7)(i) of this
			 section.
(iv) The large quantity
			 generator must maintain the following documents and records at the facility:
(A) The job title for each position at the
			 facility related to hazardous waste management, and the name of the employee
			 filling each job;
(B) A written job
			 description for each position listed under paragraph (a)(7)(iv)(A) of this
			 section. This description may be consistent in its degree of specificity with
			 descriptions for other similar positions in the same company location or
			 bargaining unit, but must include the requisite skill, education, or other
			 qualifications, and duties of facility personnel assigned to each
			 position;
(C) A written description
			 of the type and amount of both introductory and continuing training that will
			 be given to each person filling a position listed under paragraph (a)(7)(iv)(A)
			 of this section;
(D) Records that
			 document that the training or job experience, required under paragraphs
			 (a)(7)(i), (ii), and (iii) of this section, has been given to, and completed
			 by, facility personnel.
(v) Training records on current personnel
			 must be kept until closure of the facility. Training records on former
			 employees must be kept for at least three years from the date the employee last
			 worked at the facility. Personnel training records may accompany personnel
			 transferred within the same company.
(8) Closure. A large quantity generator
			 accumulating hazardous wastes in containers, tanks, drip pads, and containment
			 buildings, prior to closing a unit at the facility, or prior to closing the
			 facility, must meet the following conditions:
(i) Notification for closure of a waste
			 accumulation unit. A large quantity generator must perform one of the following
			 when closing a waste accumulation unit:
(A)
			 Place a notice in the operating record within 30 days after closure identifying
			 the location of the unit within the facility; or
(B) Meet the closure performance standards of
			 paragraph (a)(8)(iii) of this section for container, tank, and containment
			 building waste accumulation units or paragraph (a)(8)(iv) of this section for
			 drip pads and notify the Director following the procedures in paragraph
			 (a)(8)(ii)(B) of this section for the waste accumulation unit. If the waste
			 accumulation unit is subsequently reopened, the generator may remove the notice
			 from the operating record.
(ii) Notification for closure of the
			 facility.
(A) Notify the Director using form
			 8700-12 no later than 30 days prior to closing the facility.
(B) Notify the Director using form 8700-12
			 within 90 days after closing the facility that it has complied with the closure
			 performance standards of paragraph (a)(8)(iii) or (iv) of this section. If the
			 facility cannot meet the closure performance standards of paragraph (a)(8)(iii)
			 or (iv) of this section, notify the Director using form 8700-12 that it will
			 close as a landfill under §265.310 of this chapter in the case of a
			 container, tank or containment building unit(s), or for a facility with drip
			 pads, notify using form 8700-12 that it will close under the standards of
			 §265.445(b).
(C) A large
			 quantity generator may request additional time to clean close, but it must
			 notify the Director using form 8700-12 within 75 days after the date provided
			 in paragraph (a)(8)(ii)(A) of this section to request an extension and provide
			 an explanation as to why the additional time is required.
(iii) Closure performance standards for
			 container, tank systems, and containment building waste accumulation units.
(A) At closure, the generator must close the
			 waste accumulation unit or facility in a manner that:
(1) Minimizes the need for further
			 maintenance by controlling, minimizing, or eliminating, to the extent necessary
			 to protect human health and the environment, the post-closure escape of
			 hazardous waste, hazardous constituents, leachate, contaminated run-off, or
			 hazardous waste decomposition products to the ground or surface waters or to
			 the atmosphere,
(2) Removes or
			 decontaminates all contaminated equipment, structures and soil and any
			 remaining hazardous waste residues from waste accumulation units including
			 containment system components (pads, liners, etc.), contaminated soils and
			 subsoils, bases, and structures and equipment contaminated with waste, unless
			 §261.3(d) of this rule applies.
(3) Any hazardous waste generated in the
			 process of closing either the generator's facility or unit(s) accumulating
			 hazardous waste must be managed in accordance with all applicable standards of
			 sections 262, 263, 265 and 268 of this rule, including removing any hazardous
			 waste contained in these units within 90 days of generating it and managing
			 these wastes in a RCRA Subtitle C hazardous waste permitted treatment, storage
			 and disposal facility or interim status facility.
(4) If the generator demonstrates that any
			 contaminated soils and wastes cannot be practicably removed or decontaminated
			 as required in paragraph (a)(8)(ii)(A)(2) of this section, then the waste
			 accumulation unit is considered to be a landfill and the generator must close
			 the waste accumulation unit and perform post-closure care in accordance with
			 the closure and post-closure care requirements that apply to landfills
			 (§265.310 of this rule). In addition, for the purposes of closure,
			 post-closure, and financial responsibility, such a waste accumulation unit is
			 then considered to be a landfill, and the generator must meet all of the
			 requirements for landfills specified in subsections G and H of section 265 of
			 this rule.
(iv) Closure performance standards for drip
			 pad waste accumulation units. At closure, the generator must comply with the
			 closure requirements of paragraphs (a)(8)(ii) and (a)(8)(iii)(A)(1) and (3) of
			 this section, and §265.445(a) and (b) of this rule.
(v) The closure requirements of paragraph
			 (a)(8) of this section do not apply to satellite accumulation areas. (9) Land
			 disposal restrictions. The large quantity generator complies with all
			 applicable requirements under section 268.
(b) Accumulation time limit extension. A
			 large quantity generator who accumulates hazardous waste for more than 90 days
			 is subject to the requirements of 40 CFR part 124, and sections 264 through
			 268, and part 270 of this rule, and the notification requirements of section
			 3010 of RCRA, unless it has been granted an extension to the 90-day period.
			 Such extension may be granted by the Director if hazardous wastes must remain
			 on site for longer than 90 days due to unforeseen, temporary, and
			 uncontrollable circumstances. An extension of up to 30 days may be granted at
			 the discretion of the Director on a case-by-case basis.
(c) Accumulation of F006. A large quantity
			 generator who also generates wastewater treatment sludges from electroplating
			 operations that meet the listing description for the EPA hazardous waste number
			 F006, may accumulate F006 waste on site for more than 90 days, but not more
			 than 180 days without being subject to 40 CFR part 124, and sections 264
			 through 267 and 270 of this rule, and the notification requirements of section
			 3010 of RCRA, provided that it complies with all of the following additional
			 conditions for exemption:
(1) The large
			 quantity generator has implemented pollution prevention practices that reduce
			 the amount of any hazardous substances, pollutants, or contaminants entering
			 F006 or otherwise released to the environment prior to its recycling;
(2) The F006 waste is legitimately recycled
			 through metals recovery;
(3) No
			 more than 20,000 kilograms of F006 waste is accumulated on site at any one
			 time; and
(4) The F006 waste is
			 managed in accordance with the following:
(i)
(A) If the F006 waste is placed in
			 containers, the large quantity generator must comply with the applicable
			 conditions for exemption in paragraph (a)(1) of this section; and/or
(B) If the F006 is placed in tanks, the large
			 quantity generator must comply with the applicable conditions for exemption of
			 paragraph (a)(2) of this section; and/or
(C) If the F006 is placed in containment
			 buildings, the large quantity generator must comply with subsection DD of
			 section 265, and has placed its professional engineer certification that the
			 building complies with the design standards specified in § 265.1101 in the
			 facility's files prior to operation of the unit. The large quantity generator
			 must maintain the following records:
(1) A
			 written description of procedures to ensure that the F006 waste remains in the
			 unit for no more than 180 days, a written description of the waste generation
			 and management practices for the facility showing that they are consistent with
			 the 180-day limit, and documentation that the large quantity generator is
			 complying with the procedures; or
(2) Documentation that the unit is emptied at
			 least once every 180 days.
(ii) The large quantity generator is exempt
			 from all the requirements in subsection G and H of section 265, except for
			 those referenced in paragraph (a)(8) of this section.
(iii) The date upon which each period of
			 accumulation begins is clearly marked and must be clearly visible for
			 inspection on each container;
(iv)
			 While being accumulated on site, each container and tank is labeled or marked
			 clearly with:
(A) The words "Hazardous
			 Waste"; and
(B) An indication of
			 the hazards of the contents (examples include, but are not limited to, the
			 applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive,
			 reactive, toxic); hazard communication consistent with the Department of
			 Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart
			 F (placarding); a hazard statement or pictogram consistent with the
			 Occupational Safety and Health Administration Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704).
(v) The large quantity generator
			 complies with the requirements in paragraphs(a)(6) and (7) of this section.
(d) F006
			 transported over 200 miles. A large quantity generator who also generates
			 wastewater treatment sludges from electroplating operations that meet the
			 listing description for the EPA hazardous waste number F006, and who must
			 transport this waste, or offer this waste for transportation, over a distance
			 of 200 miles or more for off-site metals recovery, may accumulate F006 waste on
			 site for more than 90 days, but not more than 270 days without being subject to
			 40 CFR part 124, and sections 264 through 267, 270, and the notification
			 requirements of section 3010 of RCRA, if the large quantity generator complies
			 with all of the conditions for exemption of paragraphs (c)(1) through (4) of
			 this section.
(e) F006 accumulation
			 time extension. A large quantity generator accumulating F006 in accordance with
			 paragraphs (c) and (d) of this section who accumulates F006 waste on site for
			 more than 180 days (or for more than 270 days if the generator must transport
			 this waste, or offer this waste for transportation, over a distance of 200
			 miles or more), or who accumulates more than 20,000 kilograms of F006 waste on
			 site is an operator of a storage facility and is subject to the requirements of
			 40 CFR part 124, and sections 264, 265, 267, and 270 of this rule, and the
			 notification requirements of section 3010 of RCRA, unless the generator has
			 been granted an extension to the 180-day (or 270-day if applicable) period or
			 an exception to the 20,000 kilogram accumulation limit. Such extensions and
			 exceptions may be granted by the Director if F006 waste must remain on site for
			 longer than 180 days (or 270 days if applicable) or if more than 20,000
			 kilograms of F006 waste must remain on site due to unforeseen, temporary, and
			 uncontrollable circumstances. An extension of up to 30 days or an exception to
			 the accumulation limit may be granted at the discretion of the Director on a
			 case-by-case basis.
(f)
			 Consolidation of hazardous waste received from very small quantity generators.
			 Large quantity generators may accumulate on site hazardous waste received from
			 very small quantity generators under control of the same person (as defined in
			 §260.10 of this chapter), without a storage permit or interim status and
			 without complying with the requirements of 40 CFR part 124, and sections 264
			 through 268, and 270 of this rule, and the notification requirements of section
			 3010 of RCRA, provided that they comply with the following conditions.
			 "Control," for the purposes of this section, means the power to direct the
			 policies of the generator, whether by the ownership of stock, voting rights, or
			 otherwise, except that contractors who operate generator facilities on behalf
			 of a different person shall not be deemed to "control" such generators.
(1) The large quantity generator notifies the
			 Director at least thirty (30) days prior to receiving the first shipment from a
			 very small quantity generator(s) using EPA Form 8700-12; and
(i) Identifies on the form the name(s) and
			 site address(es) for the very small quantity generator(s) as well as the name
			 and business telephone number for a contact person for the very small quantity
			 generator(s); and
(ii) Submits an
			 updated Site ID form (EPA Form 8700-12) within 30 days after a change in the
			 name or site address for the very small quantity generator.
(2) The large quantity
			 generator maintains records of shipments for three years from the date the
			 hazardous waste was received from the very small quantity generator. These
			 records must identify the name, site address, and contact information for the
			 very small quantity generator and include a description of the hazardous waste
			 received, including the quantity and the date the waste was received.
(3) The large quantity generator complies
			 with the independent requirements identified in §262.10(a)(1)(iii) and the
			 conditions for exemption in this section for all hazardous waste received from
			 a very small quantity generator. For purposes of the labeling and marking rules
			 in paragraph (a)(5) of this section, the large quantity generator must label
			 the container or unit with the date accumulation started (i.e., the date the
			 hazardous waste was received from the very small quantity generator). If the
			 large quantity generator is consolidating incoming hazardous waste from a very
			 small quantity generator with either its own hazardous waste or with hazardous
			 waste from other very small quantity generators, the large quantity generator
			 must label each container or unit with the earliest date any hazardous waste in
			 the container was accumulated on site.
(g) Rejected load. A large quantity generator
			 who sends a shipment of hazardous waste to a designated facility with the
			 understanding that the designated facility can accept and manage the waste and
			 later receives that shipment back as a rejected load or residue in accordance
			 with the manifest discrepancy provisions of §264.72 or §265.72 of
			 this rule may accumulate the returned waste on site in accordance with
			 paragraphs (a) and (b) of this section. Upon receipt of the returned shipment,
			 the generator must:
(1) Sign Item 18c of the
			 manifest, if the transporter returned the shipment using the original manifest;
			 or
(2) Sign Item 20 of the
			 manifest, if the transporter returned the shipment using a new
			 manifest.
§
			 262.18
EPA identification numbers and re-notification for
			 small quantity generators and large quantity generators
(a) A generator must not treat, store,
			 dispose of, transport, or offer for transportation, hazardous waste without
			 having received an EPA identification number from the Director.
(b) A generator who has not received an EPA
			 identification number must obtain one by applying to the Administrator using
			 EPA Form 8700-12. Upon receiving the request the Director will assign an EPA
			 identification number to the generator.
(c) A generator must not offer its hazardous
			 waste to transporters or to treatment, storage, or disposal facilities that
			 have not received an EPA identification number.
(1)
A generator may not ship
			 hazardous waste to a treatment, storage, or disposal facility (TSDF) unless the
			 TSDF has a valid permit, or has interim status, or is specifically approved to
			 receive such waste.
(d) Re-notification.
(1) A small quantity generator must re-notify
			 the Director starting in 2021 and every four years thereafter using EPA Form
			 8700-12. This re-notification must be submitted by September 1st of each year
			 in which re-notifications are required.
(2) A large quantity generator must re-notify
			 the Director by March 1 of each even-numbered year thereafter using EPA Form
			 8700-12. A large quantity generator may submit this re-notification as part of
			 its Annual Report required under §262.41.
(e) A recognized trader must not arrange for
			 import or export of hazardous waste without having received an EPA
			 identification number from the Director.
§ 262.19
Very Small Quantity
			 Genenrators, Small Quantity Generators, and Large Quantity Generators
(a)
Generators must use a transporter
			 that is permitted by the Arkansas Department of Transportation for the
			 transportation of hazardous waste.
(b)
Very Small Quantity Generators
			 must manifest hazardous waste in accordance with Section 262 Subsection B of
			 this rule.
(c)
Very Small Quantity Generators must keep hazardous waste containers closed
			 except when adding or removing waste.
(d)
Very Small Quantity Generators
			 must keep hazardous waste containers in good condition. If a hazardous waste
			 container is not in good condition, or if it begins to leak, the Very Small
			 Quantity Generator must immediately transfer the hazardous waste from this
			 container to a container that is in good condition, or immediately manage the
			 waste in some other way that complies with this requirement.
Subsection B
-- Manifest Requirements Applicable to Small and Large Quantity
			 Generators
§ 262.20
General
			 Requirements
(a)
(1) A generator who transports, or offers for
			 transport a hazardous waste for offsite treatment, storage, or disposal, or a
			 treatment, storage, and disposal facility who offers for transport a rejected
			 hazardous waste load, must prepare a Manifest (OMB Control number 2050-0039) on
			 EPA Form 8700-22, and, if necessary, EPA Form 8700-22A.
(2) The revised manifest form and procedures
			 in Sections 260.10, 261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54, and
			 262.60 of this Rule, shall not apply until September 5, 2006. The manifest form
			 and procedures in Sections 260.10, 261.7, 262.20, 262.21, 262.32, 262.34,
			 262.54, and 262.60 contained in the 40 CFR, parts 260 to 265, edition revised
			 as of July 1, 2004, shall be applicable until September 5, 2006.
(3) Electronic Manifest. In lieu of using the
			 manifest form specified in paragraph (a)(1) of this section, a person required
			 to prepare a manifest under paragraph (a)(1) of this section may prepare and
			 use an electronic manifest, provided that the person:
(i) Complies with the requirements in §
			 262.24 of this part for use of electronic manifests, and
(ii) Complies with the requirements of
			 40 CFR
			 §
															3.10 for the reporting of electronic
			 documents to EPA.
(b) A generator must designate on the
			 manifest one treatment, storage, or disposal facility which is permitted to
			 handle the waste described on the manifest.
(c) A generator may also designate on the
			 manifest one alternate facility which is permitted to handle his waste in the
			 event an emergency prevents delivery of the waste to the primary designated
			 facility.
(d) If the transporter is
			 unable to deliver the hazardous waste to the designated facility or the
			 alternate facility, the generator must either designate another facility or
			 instruct the transporter to return the waste to the generator.
(e)
[Reserved]
(f) The requirements of this subsection and
			 § 262.32(b) do not apply to the transport of hazardous wastes on a public
			 or private right-of-way within or along the border of contiguous property under
			 the control of the same person, even if such contiguous property is divided by
			 a public or private right-of-way. Notwithstanding § 263.10(a), the
			 generator or transporter must comply with the requirements for transporters set
			 forth in §§ 263.30 and 263.31 in the event of a discharge of
			 hazardous waste on a public or private right-of-way.
§ 262.21
Manifest tracking
			 numbers, manifest printing, and obtaining manifests
(a)
(1) A
			 registrant may not print, or have printed, the manifest for use or distribution
			 unless it has received approval from the U.S. EPA Director of the Office of
			 Solid Waste to do so under paragraphs (c) and (e) of this section.
(2) The approved registrant is responsible
			 for ensuring that the organizations identified in its application are in
			 compliance with the procedures of its approved application and the requirements
			 of this section. The registrant is responsible for assigning manifest tracking
			 numbers to its manifests.
(b) A registrant must submit an initial
			 application to the EPA Director of the Office of Solid Waste that contains the
			 following information:
(1) Name and mailing
			 address of registrant;
(2) Name,
			 telephone number and email address of contact person;
(3) Brief description of registrant's
			 government or business activity;
(4) EPA identification number of the
			 registrant, if applicable;
(5)
			 Description of the scope of the operations that the registrant plans to
			 undertake in printing, distributing, and using its manifests, including:
(i) A description of the printing operation.
			 The description should include an explanation of whether the registrant intends
			 to print its manifests in-house (i.e., using its own printing establishments)
			 or through a separate (i.e., unaffiliated) printing company. If the registrant
			 intends to use a separate printing company to print the manifest on its behalf,
			 the application must identify this printing company and discuss how the
			 registrant will oversee the company. If this includes the use of intermediaries
			 (e.g., prime and subcontractor relationships), the role of each must be
			 discussed. The application must provide the name and mailing address of each
			 company. It also must provide the name and telephone number of the contact
			 person at each company.
(ii) A
			 description of how the registrant will ensure that its organization and
			 unaffiliated companies, if any, comply with the requirements of this section.
			 The application must discuss how the registrant will ensure that a unique
			 manifest tracking number will be pre-printed on each manifest. The application
			 must describe the internal control procedures to be followed by the registrant
			 and unaffiliated companies to ensure that numbers are tightly controlled and
			 remain unique. In particular, the application must describe how the registrant
			 will assign manifest tracking numbers to its manifests. If computer systems or
			 other infrastructure will be used to maintain, track, or assign numbers, these
			 should be indicated. The application must also indicate how the printer will
			 pre-print a unique number on each form (e.g., crash or press numbering). The
			 application also must explain the other quality procedures to be followed by
			 each establishment and printing company to ensure that all required print
			 specifications are consistently achieved and that printing violations are
			 identified and corrected at the earliest practicable time.
(iii) An indication of whether the registrant
			 intends to use the manifests for its own business operations or to distribute
			 the manifests to a separate company or to the general public (e.g., for
			 purchase).
(6) A brief
			 description of the qualifications of the company that will print the manifest.
			 The registrant may use readily available information to do so (e.g., corporate
			 brochures, product samples, customer references, documentation of ISO
			 certification), so long as such information pertains to the establishments or
			 company being proposed to print the manifest.
(7) Proposed unique three-letter manifest
			 tracking number suffix. If the registrant is approved to print the manifest,
			 the registrant must use this suffix to pre-print a unique manifest tracking
			 number on each manifest.
(8) A
			 signed certification by a duly authorized employee of the registrant that the
			 organizations and companies in its application will comply with the procedures
			 of its approved application and the requirements of this Section and that it
			 will notify the EPA Director of the Office of Solid Waste of any duplicated
			 manifest tracking numbers on manifests that have been used or distributed to
			 other parties as soon as this becomes known.
(c) EPA will review the application submitted
			 under paragraph (b) of this section and either approve it or request additional
			 information or modification before approving it.
(d)
(1)
			 Upon EPA approval of the application under paragraph (c) of this section, EPA
			 will provide the registrant an electronic file of the manifest, continuation
			 sheet, and manifest instructions and ask the registrant to submit three fully
			 assembled manifests and continuation sheet samples, except as noted in
			 paragraph (d)(3) of this section. The registrant's samples must meet all of the
			 specifications in paragraph (f) of this section and be printed by the company
			 that will print the manifest as identified in the application approved under
			 paragraph (c) above.
(2) The
			 registrant must submit a description of the manifest samples as follows:
(i) Paper type (i.e., manufacturer and grade
			 of the manifest paper);
(ii) Paper
			 weight of each copy;
(iii) Ink
			 color of the manifest's instructions. If screening of the ink was used, the
			 registrant must indicate the extent of the screening; and
(iv) Method of binding the copies. (3) The
			 registrant need not submit samples of the continuation sheet if it will print
			 its continuation sheet using the same paper type, paper weight of each copy,
			 ink color of the instructions, and binding method as its manifest form samples.
(e) EPA will
			 evaluate the forms and either approve the registrant to print them as proposed
			 or request additional information or modification to them before approval. EPA
			 will notify the registrant of its decision by mail. The registrant cannot use
			 or distribute its forms until EPA approves them. An approved registrant must
			 print the manifest and continuation sheet according to its application approved
			 under paragraph (c) of this Section and the manifest specifications in
			 paragraph (f) of this Section. It also must print the forms according to the
			 paper type, paper weight, ink color of the manifest instructions and binding
			 method of its approved forms.
(f)
			 Paper manifests and continuation sheets must be printed according to the
			 following specifications:
(1) The manifest
			 and continuation sheet must be printed with the exact format and appearance as
			 EPA Forms 8700-22 and 8700-22A, respectively. However, information required to
			 complete the manifest may be pre-printed on the manifest form.
(2) A unique manifest tracking number
			 assigned in accordance with a numbering system approved by EPA must be
			 pre-printed in Item 4 of the manifest. The tracking number must consist of a
			 unique three-letter suffix following nine digits.
(3) The manifest and continuation sheet must
			 be printed on 8 ½ x 11-inch white paper, excluding common stubs (e.g.,
			 top- or side-bound stubs). The paper must be durable enough to withstand normal
			 use.
(4) The manifest and
			 continuation sheet must be printed in black ink that can be legibly
			 photocopied, scanned, or faxed, except that the marginal words indicating copy
			 distribution must be printed with a distinct ink color or with another method
			 (e.g., white text against black background in text box, or, black text against
			 grey background in text box) that clearly distinguishes the copy distribution
			 notations from the other text and data entries on the form.
(5) The manifest and continuation sheet must
			 be printed as fivecopy forms. Copy-to-copy registration must be exact within
			 1/32nd of an inch. Handwritten and typed impressions on the form must be
			 legible on all five copies. Copies must be bound together by one or more common
			 stubs that reasonably ensure that they will not become detached inadvertently
			 during normal use.
(6) Each copy of
			 the manifest and continuation sheet must indicate how the copy must be
			 distributed, as follows:
(i) Page 1 (top
			 copy): "Designated facility to EPA's e-Manifest system";
(ii) Page 2: "Designated facility to
			 generator";
(iii) Page 3:
			 "Designated facility copy";
(iv)
			 Page 4: "Transporters copy"; and
(v) Page 5 (bottom copy): "Generator's
			 initial copy."
(g)
(1) A
			 generator may use manifests printed by any source so long as the source of the
			 printed form has received approval from EPA to print the manifest under
			 paragraphs (c) and (e) of this section. A registered source may be a:
(i) State agency;
(ii) Commercial printer;
(iii) Hazardous waste generator, transporter
			 or TSDF; or
(iv) Hazardous waste
			 broker or other preparer who prepares or arranges shipments of hazardous waste
			 for transportation.
(2) A
			 generator must determine whether the generator state or the consignment state
			 for a shipment regulates any additional wastes (beyond those regulated
			 Federally) as hazardous wastes under these states' authorized programs.
			 Generators also must determine whether the consignment state or generator state
			 requires the generator to submit any copies of the manifest to these states. In
			 cases where the generator must supply copies to either the generator's state or
			 the consignment state, the generator is responsible for supplying legible
			 photocopies of the manifest to these states.
(h)
(1) If
			 an approved registrant would like to update any of the information provided in
			 its application approved under paragraph (c) of this section (e.g., to update a
			 company phone number or name of contact person), the registrant must revise the
			 application and submit it to the EPA Director of the Office of Solid Waste,
			 along with an indication or explanation of the update, as soon as practicable
			 after the change occurs. EPA either will approve or deny the revision. If EPA
			 denies the revision, it will explain the reasons for the denial, and it will
			 contact the registrant and request further modification before
			 approval.
(2) If the registrant
			 would like a new tracking number suffix, the registrant must submit a proposed
			 suffix to the EPA Director of the Office of Solid Waste, along with the reason
			 for requesting it. EPA will either approve the suffix or deny the suffix and
			 provide an explanation why it is not acceptable.
(3) If a registrant would like to change the
			 paper type, paper weight, ink color of the manifest instructions, or binding
			 method of its manifest or continuation sheet subsequent to approval under
			 Paragraph (e) of this Subsection, then the registrant must submit three samples
			 of the revised form for EPA review and approval. If the approved registrant
			 would like to use a new printer, the registrant must submit three manifest
			 samples printed by the new printer, along with a brief description of the
			 printer's qualifications to print the manifest. EPA will evaluate the manifests
			 and either approve the registrant to print the forms as proposed or request
			 additional information or modification to them before approval. EPA will notify
			 the registrant of its decision by mail. The registrant cannot use or distribute
			 its revised forms until EPA approves them.
(i) If, subsequent to its approval under
			 Paragraph (e) of this Section, a registrant typesets its manifest or
			 continuation sheet instead of using the electronic file of the forms provided
			 by EPA, it must submit three samples of the manifest or continuation sheet to
			 the registry for approval. EPA will evaluate the manifests or continuation
			 sheets and either approve the registrant to print them as proposed or request
			 additional information or modification to them before approval. EPA will notify
			 the registrant of its decision by mail. The registrant cannot use or distribute
			 its typeset forms until EPA approves them.
(j) EPA may exempt a registrant from the
			 requirement to submit form samples under paragraph (d) or (h)(3) of this
			 section if EPA is persuaded that a separate review of the registrant's forms
			 would serve little purpose in informing an approval decision (e.g., a
			 registrant certifies that it will print the manifest using the same paper type,
			 paper weight, ink color of the instructions and binding method of the form
			 samples approved for some other registrant). A registrant may request an
			 exemption from EPA by indicating why an exemption is warranted.
(k) An approved registrant must notify EPA by
			 phone or email as soon as it becomes aware that it has duplicated tracking
			 numbers on any manifests that have been used or distributed to other
			 parties.
(l) If, subsequent to
			 approval of a registrant under paragraph (e) of this section, EPA becomes aware
			 that the approved paper type, paper weight, ink color of the instructions, or
			 binding method of the registrant's form is unsatisfactory, EPA will contact the
			 registrant and require modifications to the form.
(m)
(1) EPA
			 may suspend and, if necessary, revoke printing privileges if we find that the
			 registrant:
(i) Has used or distributed forms
			 that deviate from its approved form samples in regard to paper weight, paper
			 type, ink color of the instructions, or binding method; or
(ii) Exhibits a continuing pattern of
			 behavior in using or distributing manifests that contain duplicate manifest
			 tracking numbers.
(2) EPA
			 will send a warning letter to the registrant that specifiies the date by which
			 it must come into compliance with the requirements. If the registrant does not
			 come in compliance by the specified date, EPA will send a second letter
			 notifying the registrant that EPA has suspended or revoked its printing
			 privileges. An approved registrant must provide information on its printing
			 activities to EPA if requested.
§ 262.22
Number of copies
The manifest consists of at least the number of copies which
				will provide the generator, each transporter, and the owner or operator of the
				designated facility with one copy each for their records and another copy to be
				returned to the generator.
§
			 262.23
Use of the Manifest
(a) The generator must:
(1) Sign the manifest certification by hand;
			 and
(2) Obtain the handwritten
			 signature of the initial transporter and date of acceptance on the manifest;
			 and
(3) Retain one copy, in
			 accordance with § 262.40(a).
(b) The generator must give the transporter
			 the remaining copies of the manifest.
(c) For shipments of hazardous waste within
			 the United States solely by water (bulk shipments only), the generator must
			 send three copies of the manifest dated and signed in accordance with this
			 section to the owner or operator of the designated facility or the last water
			 (bulk shipment) transporter to handle the waste in the United States if
			 exported by water. Copies of the manifest are not required for each
			 transporter.
(d) For rail shipments
			 of hazardous waste within the United States which originate at the site of
			 generation, the generator must send at least three copies of the manifest dated
			 and signed in accordance with this section to:
(1) The next non-rail transporter, if any;
			 or
(2) The designated facility if
			 transported solely by rail; or
(3)
			 The last rail transporter to handle the waste in the United States if exported
			 by rail.
(e) For
			 shipments of hazardous waste to a designated facility in an authorized State
			 which has not yet obtained authorization to regulate that particular waste as
			 hazardous, the generator must assure that the designated facility agrees to
			 sign and return the manifest to the generator, and that any out-of-state
			 transporter signs and forwards the manifest to the designated facility.
Note: See § 263.20(e) and (f) for special provisions for
				rail or water (bulk shipment) transporters.
(f) For rejected shipments of hazardous waste
			 or container residues contained in non-empty containers that are returned to
			 the generator by the designated facility (following the procedures of
			 §§ 264.72(f) or 265.72(f)) of this rule, the generator must:
(1) Sign either:
(i) Item 20 of the new manifest if a new
			 manifest is used for the returned shipment; or
(ii) Item 18c of the original manifest if the
			 original manifest is used for the returned shipment;
(2) Provide the transporter a copy of the
			 manifest;
(3) Within 30 days of
			 delivery of the rejected shipment or container residues contained in non-empty
			 containers, send a copy of the manifest to the designated facility that
			 returned the shipment to the generator; and
(4) Retain at the generator's site a copy of
			 each manifest for at least three years from the date of
			 delivery.
§
			 262.24
Use of the Electronic Manifest
(a) Legal equivalence to paper manifests.
			 Electronic manifests that are obtained, completed, and transmitted in
			 accordance with § 262.20(a)(3), and used in accordance with this section
			 in lieu of EPA Forms 8700-22 and 8700-22A are the legal equivalent of paper
			 manifest forms bearing handwritten signatures, and satisfy for all purposes any
			 requirement in these rules to obtain, complete, sign, carry, provide, give,
			 use, or retain a manifest.
(1) Any
			 requirement in these rules to sign a manifest or manifest certification by
			 hand, or to obtain a handwritten signature, is satisfied by signing with or
			 obtaining a valid and enforceable electronic signature within the meaning of
			 40 CFR §
														262.25(a).
(2) Any requirement in these rules to give,
			 provide, send, forward, or return to another person a copy of the manifest is
			 satisfied when an electronic manifest is transmitted to the other person by
			 submission to the system.
(3) Any
			 requirement in these rules for a generator to keep or retain a copy of each
			 manifest is satisfied by retention of a signed electronic manifest in the
			 generator's account on the national e-Manifest system, provided that such
			 copies are readily available for viewing and production if requested by any EPA
			 or authorized state inspector.
(4)
			 No generator may be held liable for the inability to produce an electronic
			 manifest for inspection under this section if the generator can demonstrate
			 that the inability to produce the electronic manifest is due exclusively to a
			 technical difficulty with the electronic manifest system for which the
			 generator bears no responsibility.
(b) A generator may participate in the
			 electronic manifest system either by accessing the electronic manifest system
			 from its own electronic equipment, or by accessing the electronic manifest
			 system from portable equipment brought to the generator's site by the
			 transporter who accepts the hazardous waste shipment from the generator for
			 off-site transportation.
(c)
			 Restriction on use of electronic manifests. A generator may prepare an
			 electronic manifest for the tracking of hazardous waste shipments involving any
			 RCRA hazardous waste only if it is known at the time the manifest is originated
			 that all waste handlers named on the manifest participate in the use of the
			 electronic manifest except that:
(1) A
			 generator may sign by hand and retain a paper copy of the manifest signed by
			 hand by the initial transporter, in lieu of executing the generator copy
			 electronically, thereby enabling the transporter and subsequent waste handlers
			 to execute the remainder of the manifest copies electronically.
(2) [Reserved]
(d) Requirement for one printed copy. To the
			 extent the Hazardous Materials regulation on shipping papers for carriage by
			 public highway requires shippers of hazardous materials to supply a paper
			 document for compliance with
			 49 CFR §
													177.817, a generator originating an
			 electronic manifest must also provide the initial transporter with one printed
			 copy of the electronic manifest.
(e) Special procedures when electronic
			 manifest is unavailable. If a generator has prepared an electronic manifest for
			 a hazardous waste shipment, but the electronic manifest system becomes
			 unavailable for any reason prior to the time that the initial transporter has
			 signed electronically to acknowledge the receipt of the hazardous waste from
			 the generator, then the generator must obtain and complete a paper manifest and
			 if necessary, a continuation sheet (EPA Forms 8700-22 and 8700-22A) in
			 accordance with the manifest instructions and use these paper forms from this
			 point forward in accordance with the requirements of Rule 23 §
			 262.23.
(f) Special procedures for
			 electronic signature methods undergoing tests. If a generator has prepared an
			 electronic manifest for a hazardous waste shipment, and signs this manifest
			 electronically using an electronic signature method which is undergoing pilot
			 or demonstration tests aimed at demonstrating the practicality or legal
			 dependability of the signature method, then the generator shall also sign with
			 an ink signature the generator/offeror certification on the printed copy of the
			 manifest provided under paragraph (d) of this section.
(g) [Reserved]
(h) Post-receipt manifest data corrections.
			 After facilities have certified to the receipt of hazardous wastes by signing
			 Item 20 of the manifest, any post-receipt data corrections may be submitted at
			 any time by any interested person (e.g., waste handler) named on the manifest.
			 Generators may participate electronically in the post-receipt data corrections
			 process by following the process described in § 264.71(l) of this rule,
			 which applies to corrections made to either paper or electronic manifest
			 records.
§ 262.25
Electronic Manifest Signatures
Electronic signature methods for the e-Manifest system
				shall:
(a) Be a legally valid and
			 enforceable signature under applicable EPA and other Federal requirements
			 pertaining to electronic signatures; and
(b) Be a method that is designed and
			 implemented in a manner that EPA considers to be as cost-effective and
			 practical as possible for the users of the manifest.
§ 262.26
[Reserved]
§ 262.27
Waste
			 Minimization certification
A generator who initiates a shipment of hazardous waste must
				certify to one of the following statements in Item 15 of the uniform hazardous
				waste manifest:
(a) "I am a large
			 quantity generator. I have a program in place to reduce the volume and toxicity
			 of waste generated to the degree I have determined to be economically
			 practicable and I have selected the practicable method of treatment, storage,
			 or disposal currently available to me which minimizes the present and future
			 threat to human health and the environment;" or
(b) "I am a small quantity generator. I have
			 made a good faith effort to minimize my waste generation and select the best
			 waste management method that is available to me and that I can afford.
			 "
Subsection C
-- Pre-Transport Requirements Applicable to Small and Large Quantity
			 Generators
§ 262.30
Packaging
Before transporting hazardous waste or offering hazardous waste
				for transportation off-site, a generator must package the waste in accordance
				with the applicable Department of Transportation regulations on packaging under
				49 CFR Parts 173, 178, and 179.
§
			 262.31
Labeling
Before transporting or offering hazardous waste for
				transportation off-site, a generator must label each package in accordance with
				the applicable Department of Transportation regulations on hazardous materials
				under 49 CFR Part 172.
§
			 262.32
Marking
(a)
			 Before transporting or offering hazardous waste for transportation off-site, a
			 generator must mark each package of hazardous waste in accordance with the
			 applicable Department of Transportation regulations on hazardous materials
			 under 49 CFR Part 172;
(b) Before
			 transporting hazardous waste or offering hazardous waste for transportation
			 off-site, a generator must mark each container of 119 gallons or less used in
			 such transportation with the following words and information in accordance with
			 the requirements of
			 49 CFR
			 172.304:
(1)
			 HAZARDOUS WASTE-Federal Law Prohibits Improper Disposal. If found, contact the
			 nearest police or public safety authority or the U.S. Environmental Protection
			 Agency.
(2) Generator's Name and
			 Address ____.
(3) Generator's EPA
			 Identification Number ____.
(4)
			 Manifest Tracking Number ____.
(5)
			 EPA Hazardous Waste Number(s) ____.
(c) A generator may use a nationally
			 recognized electronic system, such as bar coding, to identify the EPA Hazardous
			 Waste Number(s), as required by paragraph (b)(5) or paragraph (d).
(d) Lab packs that will be incinerated in
			 compliance with §268.42(c) are not required to be marked with EPA
			 Hazardous Waste Number(s), except D004, D005, D006, D007, D008, D010, and D011,
			 where applicable.
§
			 262.33
Placarding
Before transporting hazardous waste or offering hazardous waste
				for transportation off-site, a generator must placard or offer the initial
				transporter the appropriate placards according to Department of Transportation
				regulations for hazardous materials under 49 CFR part 172, Subsection F.
§ 262.34 [Reserved]
§ 262.35
Liquids in landfills
			 prohibition
The placement of bulk or non-containerized liquid hazardous
				waste or hazardous waste containing free liquids (whether or not sorbents have
				been added) in any landfill is prohibited. Prior to disposal in a hazardous
				waste landfill, liquids must meet additional requirements as specified in
				§§264.314 and 265.314.
Subsection D
-- Recordkeeping and
			 Reporting Applicable to Small and Large Quantity Generators
§ 262.40
Recordkeeping
(a) A generator must keep a copy of each
			 manifest signed in accordance with § 262.23(a) for three years or until he
			 receives a signed copy from the designated facility which received the waste.
			 This signed copy must be retained as a record for at least three years from the
			 date the waste was accepted by the initial transporter.
(b) A generator must keep a copy of each
			 Annual Report and Exception Report for a period of at least three years from
			 the due date of the report.
(c) See
			 § 262.11(f) for recordkeeping requirements for documenting hazardous waste
			 determinations.
(d) The periods or
			 retention referred to in this section are extended automatically during the
			 course of any unresolved enforcement action regarding the regulated activity or
			 as requested by the Director.
§
			 262.41
Annual Report
Any person who generated more than 100kg of hazardous
				waste in any given month during the preceding calendar year in the State of
				Arkansas must prepare and submit a single copy of an Annual Report to the
				Director not later than March 1 of each year. The Annual Report must be
				submitted on forms or in an electronic format furnished or approved by the
				Division and in accordance with the annual instruction booklet provided by the
				Division. This requirement also applies to large quantity generators that
				receive hazardous waste from very small quantity generators pursuant
				to§262.17(f). The report must cover generator activities during the
				previous calendar year, and include, at a minimum, the following
				information:
(a)
The
			 EPA identification number, name, and address of the generator;
(b)
The calendar year
			 covered by the report;
(c)
The EPA identification number,
			 name, and address for each offsite treatment, storage, or disposal facility in
			 the United States to which waste was shipped during the year;
(d)
The name and EPA
			 identification number of each transporter used during the reporting year for
			 shipments to a treatment, storage, or disposal facility within the United
			 States;
(e)
A
			 description, EPA hazardous waste number (from Section 261, Subsection C or D),
			 and quantity of each hazardous waste generated on-site and either accumulated,
			 treated, stored, or disposed of on-site or shipped offsite to a treatment,
			 storage or disposal facility. This information must also indicate the EPA
			 identification number of each such offsite facility to which waste was shipped,
			 or whether the waste was managed on-site;
(f)
A certification by the generator
			 or authorized representative that the report is true, accurate, and correct.
(g)
A
			 description of the efforts undertaken during the year to reduce the volume and
			 toxicity of waste generated;
(h)
A description of the changes in
			 volume and toxicity of waste actually achieved during the year in comparison to
			 previous years to the extent such information is available for years prior to
			 1984.
(i)
A
			 statement signed by the generator or authorized representative certifying that
			 the report is true, accurate, and correct.
(j)
Exports of hazardous waste to
			 foreign countris are not required to be reported on the Biennial Report form. A
			 separate annual report requirement is set forth at § 262.83(g) for
			 hazardous waste exporters.
§ 262.42
Exception
			 reporting
(a)
(1) A generator of 1000 kilograms or greater
			 of hazardous waste in a calendar month, or greater than 1 kg of acute hazardous
			 waste listed in § 261.31. or § 261.33(e) in a calendar month, who
			 does not receive a copy of the manifest with the handwritten signature of the
			 owner or operator of the designated facility within 35 days of the date the
			 waste was accepted by the initial transporter must contact the transporter
			 and/or the owner or operator of the designated facility to determine the status
			 of the hazardous waste.
(2) A
			 generator of 1000 kilograms or greater of hazardous waste in a calendar month,
			 or greater than 1 kg of acute hazardous waste listed in § 261.31. or
			 § 261.33(e) in a calendar month, must submit an Exception Report to the
			 Director if he has not received a copy of the manifest with the handwritten
			 signature of the owner or operator of the designated facility within 45 days of
			 the date the waste was accepted by the initial transporter. The Exception
			 Report must include:
(i) A legible copy of
			 the manifest for which the generator does not have confirmation of
			 delivery;
(ii) A cover letter
			 signed by the generator or his authorized representative explaining the efforts
			 taken to locate the hazardous waste and the results of those efforts.
(b) A
			 generator of greater than 100 kilograms but less than 1000 kilograms of
			 hazardous waste in a calendar month who does not receive a copy of the manifest
			 with the handwritten signature of the owner or operator of the designated
			 facility within 60 days of the date the waste was accepted by the initial
			 transporter must submit a legible copy of the manifest, with some indication
			 that the generator has not received confirmation of delivery, to the Director.
Note: The submission to the Division need only be a handwritten
				or typed note on the manifest itself, or on an attached sheet of paper, stating
				that the return copy was not received.
(c) For rejected shipments of hazardous waste
			 or container residues contained in non-empty containers that are forwarded to
			 an alternate facility by a designated facility using a new manifest (following
			 the procedures of Section 264.72(e)(1) through (6) or Section 265.72(e)(1)
			 through (6)) of this rule), the generator must comply with the requirements of
			 paragraph (a) or (b) of this section, as applicable, for the shipment
			 forwarding the material from the designated facility to the alternate facility
			 instead of for the shipment from the generator to the designated facility. For
			 purposes of paragraph (a) or (b) of this section for a shipment forwarding such
			 waste to an alternate facility by a designated facility:
(1) The copy of the manifest received by the
			 generator must have the handwritten signature of the owner or operator of the
			 alternate facility in place of the signature of the owner or operator of the
			 designated facility, and
(2) The
			 35/45/60-day timeframes begin the date the waste was accepted by the initial
			 transporter forwarding the hazardous waste shipment from the designated
			 facility to the alternate facility.
§ 262.43
Additional
			 reporting
The Director, as he deems necessary, may require generators to
				furnish additional reports concerning the quantities and disposition of wastes
				identified or listed in § 261.
§ 262.44
[Reserved]
Subsection
			 E
[Reserved]
§
			 262.50
[Reserved]
§ 262.51
[Reserved]
§ 262.52
[Reserved]
§
			 262.53
[Reserved]
§ 262.54
[Reserved]
§ 262.55
[Reserved]
§
			 262.56
[Reserved]
§ 262.57
[Reserved]
§ 262.58
[Reserved]
Subsection
			 F
[Reserved]
§
			 262.60
[Reserved]
Subsection G
- Farmers
§ 262.70
Farmers
A farmer disposing of waste pesticides from his own use which
				are hazardous wastes is not required to comply with the standards in this
				section or other standards in §§ 264, 265, 266, or 270 for those
				wastes provided he triple rinses each emptied pesticide container in accordance
				with § 261.7(b)(3) and disposes of the pesticide residues on his own farm
				in a manner consistent with the disposal instructions on the pesticide
				label.
Subsection
			 H
-Trans-boundary Movements of Hazardous Waste for Recovery
			 and Disposal
§ 262.80
Applicability
(a) The requirements of
			 this subsection apply to transboundary movements of hazardous waste.
(b) Any person (including exporter, importer,
			 disposal facility operator, or recovery facility operator) who mixes two or
			 more wastes (including hazardous and non-hazardous wastes) or otherwise
			 subjects two or more wastes (including hazardous and nonhazardous wastes) to
			 physical or chemical transformation operations, and thereby creates a new
			 hazardous waste, becomes a generator and assumes all subsequent generator
			 duties under RCRA and any exporter duties, if applicable, under this
			 subsection.
§
			 262.81
Definitions
In addition to the definitions set forth at § 260.10 of
				this rule, the following definitions apply to this subsection.
"Competent authority"
means the regulatory
				authority or authorities of concerned countries having jurisdiction over
				trans-boundary movements of wastes.
"Countries concerned"
means the countries of
				export or import and any countries of transit.
"Country of export
" means any country from which a
				transboundary movement of hazardous wastes is planned to be initiated or is
				initiated.
"Country of import"
means any country to which a
				transboundary movement of hazardous wastes is planned or takes place for the
				purpose of submitting the wastes to recovery or disposal operations
				therein.
"Country of transit"
means any country other than
				the country of export or country of import across which a transboundary
				movement of hazardous wastes is planned or takes place.
"Disposal operations"
means activities which do
				not lead to the possibility of resource recovery, recycling, reclamation,
				direct re-use or alternate uses, which include:
(1) D1 Release or Deposit into or onto land,
			 other than by any of operations D2 through D5 or D12.
(2) D2 Land treatment, such as biodegradation
			 of liquids or sludges in soils.
(3)
			 D3 Deep injection, such as injection into wells, salt domes or naturally
			 occurring repositories.
(4) D4
			 Surface impoundment, such as placing of liquids or sludges into pits, ponds or
			 lagoons.
(5) D5 Specially
			 engineered landfill, such as placement into lined discrete cells which are
			 capped and isolated from one another and the environment.
(6) D6 Release into a water body other than a
			 sea or ocean, and other than by operation D4.
(7) D7 Release into a sea or ocean, including
			 sea-bed insertion, other than by operation D4.
(8) D8 Biological treatment not specified
			 elsewhere in operations D1 through D12, which results in final compounds or
			 mixtures which are discarded by means of any of operations D1 through
			 D12.
(9) D9 Physical or chemical
			 treatment not specified elsewhere in operations D1 through D12, such as
			 evaporation, drying, calcination, neutralization, or precipitation, which
			 results in final compounds or mixtures which are discarded by means of any of
			 operations D1through D12.
(10) D10
			 Incineration on land.
(11) D11
			 Incineration at sea.
(12) D12
			 Permanent storage.
(13) D13
			 Blending or mixing, prior to any of operations D1 through D12.
(14) D14 Repackaging, prior to any of
			 operations D1 through D13.
(15) D15
			 (or DC17 for transboundary movements with Canada only) Interim Storage, prior
			 to any of operations D1 through D12.
(16) DC15 Release, including the venting of
			 compressed or liquified gases, or treatment, other than by any of operations D1
			 to D12 (for transboundary movements with Canada only).
(17) DC16 Testing of a new technology to
			 dispose of a hazardous waste (for transboundary movements with Canada
			 only).
"EPA Acknowledgment of Consent"
(AOC) means the
				letter EPA sends to the exporter documenting the specific terms of the country
				of import's consent and the country(ies) of transit's consent(s). The AOC meets
				the definition of an export license in U.S. Census Bureau regulations
				15 CFR
				30.1.
"Export"
means the transportation of hazardous
				waste from a location under the jurisdiction of the United States to a location
				under the jurisdiction of another country, or a location not under the
				jurisdiction of any country, for the purposes of recovery or disposal
				operations therein.
"
Exporter
" also known as primary exporter on the
				RCRA hazardous waste manifest, means the person domiciled in the United States
				who is required to originate the movement document in accordance with §
				262.83(d) or the manifest for a shipment of hazardous waste in accordance with
				subsection B of this section, or equivalent State provision, which specifies a
				foreign receiving facility as the facility to which the hazardous wastes will
				be sent, or any recognized trader who proposes export of the hazardous wastes
				for recovery or disposal operations in the country of import.
"Foreign exporter"
means the person under the
				jurisdiction of the country of export who has, or will have at the time the
				planned transboundary movement commences, possession or other forms of legal
				control of the hazardous wastes and who proposes shipment of the hazardous
				wastes to the United States for recovery or disposal operations.
"Foreign importer"
means the person to whom
				possession or other form of legal control of the hazardous waste is assigned at
				the time the exported hazardous waste is received in the country of
				import.
"Foreign receiving facility"
means a facility
				which, under the importing country's applicable domestic law, is operating or
				is authorized to operate in the country of import to receive the hazardous
				wastes and to perform recovery or disposal operations on them.
"Import"
means the transportation of hazardous
				waste from a location under the jurisdiction of another country to a location
				under the jurisdiction of the United States for the purposes of recovery or
				disposal operations therein.
"
Importer
" means the person to whom possession or
				other form of legal control of the hazardous waste is assigned at the time the
				imported hazardous waste is received in the United States.
"OECD" means the Organization for Economic Cooperation and
				Development.
"OECD area" means all land or marine areas under the national
				jurisdiction of any OECD member country. When the rules refer to shipments to
				or from an OECD member country, this means "OECD area."
"OECD Member country"
means the countries that are
				members of the OECD and participate in the Amended 2001 OECD Decision. (EPA
				provides a list of OECD Member countries at
https://www.epa.gov/hwgenerators/international-agreements-transboundary-shipments-waste
).
"
Recognized trader
" means a person who, with
				appropriate authorization of concerned countries, acts in the role of principal
				to purchase and subsequently sell wastes; this person has legal control of such
				wastes from time of purchase to time of sale; such a person may act to arrange
				and facilitate trans-boundary movements of wastes destined for recovery
				operations.
"Receiving facility"
means a U.S. facility which,
				under RCRA and other applicable domestic laws, is operating or is authorized to
				operate to receive hazardous wastes and to perform recovery or disposal
				operations on them.
"
Recovery operations
" means activities leading to
				resource recovery, recycling, reclamation, direct re-use or alternative uses,
				which include:
(1) R1 Use as a fuel
			 (other than in direct incineration) or other means to generate
			 energy.
(2) R2 Solvent
			 reclamation/regeneration.
(3) R3
			 Recycling/reclamation of organic substances which are not used as
			 solvents.
(4) R4
			 Recycling/reclamation of metals and metal compounds.
(5) R5 Recycling/reclamation of other
			 inorganic materials.
(6) R6
			 Regeneration of acids or bases.
(7)
			 R7 Recovery of components used for pollution abatement.
(8) R8 Recovery of components used from
			 catalysts.
(9) R9 Used oil
			 re-refining or other reuses of previously used oil.
(10) R10 Land treatment resulting in benefit
			 to agriculture or ecological improvement.
(11) R11 Uses of residual materials obtained
			 from any of the operations numbered R1 through R10 or RC14 (for transboundary
			 shipments with Canada only).
(12)
			 R12 Exchange of wastes for submission to any of the operations numbered R1
			 through R11 or RC14 (for transboundary shipments with Canada only).
(13) R13 Accumulation of material intended
			 for any operation numbered R1 through R12 or RC14 (for transboundary shipments
			 with Canada only).
(14) RC14
			 Recovery or regeneration of a substance or use or re-use of a recyclable
			 material, other than by any of operations R1 to R10 (for transboundary
			 shipments with Canada only).
(15)
			 RC15 Testing of a new technology to recycle a hazardous recyclable material
			 (for transboundary shipments with Canada only).
(16) RC16 Interim storage prior to any of
			 operations R1 to R11 or RC14 (for transboundary shipments with Canada only).
"Transboundary movement"
means any movement of
				hazardous wastes from an area under the national jurisdiction of one country to
				an area under the national jurisdiction of another
				country.
§
			 262.82
General conditions
(a)
Scope.
The level of
			 control for exports and imports of waste is indicated by assignment of the
			 waste to either a list of wastes subject to the Green control procedures or a
			 list of wastes subject to the Amber control procedures and by the national
			 procedures of the United States, as defined in § 262.80(a). The OECD Green
			 and Amber lists are incorporated by reference in § 260.11.
(1)
Green list wastes
(i) Green wastes that are not hazardous waste
			 are subject to existing controls normally applied to commercial transactions
			 and are not subject to the requirements of this section.
(ii) Green wastes that are hazardous waste
			 are subject to the requirements of this section.
(2)
Amber list
wastes
(i) Amber wastes that are hazardous waste are
			 subject to the requirements of this section, even if they are imported to or
			 exported from a country that does not consider the waste to be hazardous or
			 control the transboundary shipment as a hazardous waste import or export.
(A) For exports, the exporter must comply
			 with § 262.83.
(B) For
			 imports, the recovery or disposal facility and the importer must comply with
			 § 262.84.
(ii)
			 Amber wastes that are not hazardous wastes, but are considered hazardous by the
			 other country are subject to the Amber control procedures in the country that
			 considers the waste hazardous, and are not subject to the requirements of this
			 section. All responsibilities of the importer or exporter shift to the foreign
			 importer of foreign exporter in the other country that considers the waste
			 hazardous unless the parties make other arrangements through contracts.
Note to Paragraph (a)(2):
Some Amber list wastes
				are not listed or otherwise identified as hazardous under RCRA, and therefore
				are not subject to the requirements of this section. Regardless of the status
				of the waste under RCRA, however, other Federal environmental statutes (e.g.,
				the Toxic Substances Control Act) restrict certain waste imports or exports.
				Such restrictions continue to apply with regard to this
				section.
(3)
			 Mixtures of wastes.
(i) A Green waste that is
			 mixed with one or more other Green wastes such that the resulting mixture is
			 not hazardous waste is not subject to the requirements of this
			 section.
Note to Paragraph (a)(3)(i):
The regulated
				community should note that some countries may require, by domestic law, that
				mixtures of different Green wastes be subject to the Amber control
				procedures.
(ii) A Green waste that is
			 mixed with one or more Amber wastes, in any amount,
de minimis
or otherwise, or a mixture of two or more Amber wastes, such that the
			 resulting waste mixture is hazardous waste is subject to the requirements of
			 this section.
Note to Paragraph (a)(3)(ii):
The regulated
				community should note that some countries may require, by domestic law, that a
				mixture of a Green waste and more than a de minimis amount of an Amber waste or
				a mixture of two or more Amber wastes be subject to the Amber control
				procedures.
(4) Wastes not yet
			 assigned to an OECD waste list are eligible for trans-boundary movements, as
			 follows:
(i) If such wastes are hazardous
			 wastes, such wastes are subject to the requirements of this section.
(ii) If such wastes are not hazardous, such
			 wastes are not subject to the requirements of this
			 subsection.
(b)
General conditions applicable to trans-boundary movements of hazardous
			 waste:
(1) The hazardous waste must
			 be destined for recovery or disposal operations at a facility that, under
			 applicable domestic law, is operating or is authorized to operate in the
			 country of import;
(2) The
			 trans-boundary movement must be in compliance with applicable international
			 transport agreements; and
Note to Paragraph (b)(2):
These international
				agreements include, but are not limited to, the Chicago Convention (1944), ADR
				(1957), ADNR (1970), MARPOL Convention (1973/1978), SOLAS Convention (1974),
				IMDG Code (1985), COTIF (1985), and RID (1985).
(3) Any transit of hazardous waste through
			 one or more countries must be conducted in compliance with all applicable
			 international and national laws and rules.
(c) Duty to return wastes subject to the
			 Amber control procedures during transit through the United States. When a
			 transboundary movement of hazardous wastes transiting the United States and
			 subject to the Amber control procedures does not comply with the requirements
			 of the notification and movement documents or otherwise constitutes illegal
			 shipment, and if alternative arrangements cannot be made to recover or dispose
			 of these wastes in an environmentally sound manner, the waste must be returned
			 to the country of export. The U.S. transporter must inform EPA at the specified
			 mailing address in paragraph (e) of this section of the need to return the
			 shipment. EPA will then inform the competent authority of the country of
			 export, citing the reason(s) for returning the waste. The U.S. transporter must
			 complete the return within ninety (90) days from the time EPA informs the
			 country of export of the need to return the waste, unless informed in writing
			 by EPA of another timeframe agreed to by the concerned countries.
(d) Laboratory analysis exemption. Export or
			 import of a hazardous waste sample is exempt from the requirements of this
			 subpart if the sample is destined for laboratory analysis to assess its
			 physical or chemical characteristics, or to determine its suitability for
			 recovery or disposal operations, does not exceed twenty-five kilograms (25 kg)
			 in quantity, is appropriately packaged and labeled, and complies with the
			 conditions of § 261.4(d) or (e).
(e) EPA Address for submittals by postal mail
			 or hand delivery. Submittals required in this subsection to be made by postal
			 mail or hand delivery should be sent to the following addresses:
(1) For postal mail delivery, the Office of
			 Enforcement and Compliance Assurance, Office of Federal Activities,
			 International Compliance Assurance Division (2254A), Environmental Protection
			 Agency, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460.
(2) For hand-delivery, the Office of
			 Enforcement and Compliance Assurance, Office of Federal Activities,
			 International Compliance Assurance Division, Environmental Protection Agency,
			 William Jefferson Clinton South Bldg., Room 6144, 12th St. and Pennsylvania
			 Ave., NW., Washington, DC 20004.
§ 262.83
Exports of hazardous
			 waste
(a) General export requirements.
			 Except as provided in paragraphs (a)(5) and (6) of this section, exporters that
			 have received an AOC from EPA before December 31, 2016 are subject to that
			 approval and the requirements listed in the AOC that existed at the time of
			 that approval until such time the approval period expires. All other exports of
			 hazardous waste are prohibited unless:
(1) The
			 exporter complies with the contract requirements in paragraph (f) of this
			 section;
(2) The exporter complies
			 with the notification requirements in paragraph (b) of this section;
(3) The exporter receives an AOC from EPA
			 documenting consent from the countries of import and transit (and original
			 country of export if exporting previously imported hazardous waste);
(4) The exporter ensures compliance with the
			 movement documents requirements in paragraph (d) of this section;
(5) The exporter ensures compliance with the
			 manifest instructions for export shipments in paragraph (c) of this section;
			 and
(6) The exporter or a U.S.
			 authorized agent:
(i) For shipments initiated
			 prior to the AES filing compliance date, does one of the following:
(A) Submits Electronic Export Information
			 (EEI) for each shipment to the Automated Export System (AES) or its successor
			 system, under the International Trade Data System (ITDS) platform, in
			 accordance with
			 15
			 CFR 30.4(b), and includes
			 the following items in the EEI, along with the other information required under
			 15 CFR
			 30.6:
(1)
			 EPA license code;
(2) Commodity
			 classification code for each hazardous waste per
			 15 CFR
			 30.6(a)(12);
(3) EPA consent number for each hazardous
			 waste;
(4) Country of ultimate
			 destination code per
			 15 CFR
			 30.6(a)(5);
(5) Date of export per
			 15 CFR
			 30.6(a)(2);
(6) RCRA hazardous waste manifest tracking
			 number, if required;
(7) Quantity
			 of each hazardous waste in shipment and units for reported quantity, if
			 required reporting units established by value for the reported commodity
			 classification number are in units of weight or volume per
			 15 CFR
			 30.6(a)(15); or
(8) EPA net quantity for each hazardous waste
			 reported in units of kilograms if solid or in units of liters if liquid, if
			 required reporting units established by value for the reported commodity
			 classification number are not in units of weight or volume.
(B) Complies with a
			 paper-based process by:
(1) Attaching paper
			 documentation of consent (i.e., a copy of the EPA Acknowledgment of Consent,
			 international movement document) to the manifest, or shipping papers if a
			 manifest is not required, which must accompany the hazardous waste shipment.
			 For exports by rail or water (bulk shipment), the primary exporter must provide
			 the transporter with the paper documentation of consent which must accompany
			 the hazardous waste but which need not be attached to the manifest except that
			 for exports by water (bulk shipment) the primary exporter must attach the paper
			 documentation of consent to the shipping paper.
(2) Providing the transporter with an
			 additional copy of the manifest, and instructing the transporter via mail,
			 email or fax to deliver that copy to the U.S. Customs official at the point the
			 hazardous waste leaves the United States in accordance with §
			 263.20(g)(4)(ii).
(ii) For shipments initiated on or after the
			 AES filing compliance date of December 31, 2017, submits Electronic Export
			 Information (EEI) for each shipment to the Automated Export System (AES) or its
			 successor system, under the International Trade Data System (ITDS) platform, in
			 accordance with
			 15
			 CFR 30.4(b), and includes
			 the following items in the EEI, along with the other information required under
			 15 CFR
			 30.6:
(A)
			 EPA license code;
(B) Commodity
			 classification code for each hazardous waste per
			 15 CFR
			 30.6(a)(12);
(C) EPA consent number for each hazardous
			 waste;
(D) Country of ultimate
			 destination code per
			 15 CFR
			 30.6(a)(5);
(E) Date of export per
			 15 CFR
			 30.6(a)(2);
(F) RCRA hazardous waste manifest tracking
			 number, if required;
(G) Quantity
			 of each hazardous waste in shipment and units for reported quantity, if
			 required reporting units established by value for the reported commodity
			 classification number are in units of weight or volume per
			 15 CFR
			 30.6(a)(15); or
(H) EPA net quantity for each hazardous waste
			 reported in units of kilograms if solid or in units of liters if liquid, if
			 required reporting units established by value for the reported commodity
			 classification number are not in units of weight or volume.
(b)
			 Notifications-
(1) General notifications. At
			 least sixty (60) days before the first shipment of hazardous waste is expected
			 to leave the United States, the exporter must provide notification in English
			 to EPA of the proposed transboundary movement. Notifications must be submitted
			 electronically using EPA's Waste Import Export Tracking System (WIETS), or its
			 successor system. The notification may cover up to one year of shipments of one
			 or more hazardous wastes being sent to the same recovery or disposal facility,
			 and must include all of the following information:
(i) Exporter name and EPA identification
			 number, address, telephone, fax numbers, and e-mail address;
(ii) Foreign receiving facility name,
			 address, telephone, fax numbers, e-mail address, technologies employed, and the
			 applicable recovery or disposal operations as defined in §
			 262.81;
(iii) Foreign importer name
			 (if not the owner or operator of the foreign receiving facility), address,
			 telephone, fax numbers, and e-mail address;
(iv) Intended transporter(s) and/or their
			 agent(s); address, telephone, fax, and e-mail address;
(v) "U.S." as the country of export name,
			 "USA01" as the relevant competent authority code, and the intended U.S. port(s)
			 of exit;
(vi) The ISO standard 3166
			 country name 2-digit code, OECD/Basel competent authority code, and the ports
			 of entry and exit for each country of transit;
(vii) The ISO standard 3166 country name
			 2-digit code, OECD/Basel competent authority code, and port of entry for the
			 country of import;
(viii) Statement
			 of whether the notification covers a single shipment or multiple
			 shipments;
(ix) Start and End Dates
			 requested for transboundary movements;
(x) Means of transport planned to be
			 used;
(xi) Description(s) of each
			 hazardous waste, including whether each hazardous waste is regulated universal
			 waste under section 273, or the state equivalent, spent lead-acid batteries
			 being exported for recovery of lead under section 266, subsection G, or the
			 state equivalent, or industrial ethyl alcohol being exported for reclamation
			 under § 261.6(a)(3)(i), or the state equivalent, estimated total quantity
			 of each waste in either metric tons or cubic meters, the applicable RCRA waste
			 code(s) for each hazardous waste, the applicable OECD waste code from the lists
			 incorporated by reference in § 260.11, and the United Nations/U.S.
			 Department of Transportation (DOT) ID number for each waste;
(xii) Specification of the recovery or
			 disposal operation(s) as defined in § 262.81.
(xiii) Certification/Declaration signed by
			 the exporter that states:
I certify that the above information is complete and correct to
				the best of my knowledge. I also certify that legally enforceable written
				contractual obligations have been entered into and that any applicable
				insurance or other financial guarantee is or shall be in force covering the
				transboundary movement.
Name:
Signature:
Date:
(2) Exports to pre-consented recovery
			 facilities in OECD Member countries. If the recovery facility is located in an
			 OECD member country and has been pre-consented by the competent authority of
			 the OECD member country to recover the waste sent by exporters located in other
			 OECD member countries, the notification may cover up to three years of
			 shipments. Notifications proposing export to a pre-consented facility in an
			 OECD member country must include all information listed in paragraphs (b)(1)(i)
			 through (b)(1)(xiii) of this section and additionally state that the facility
			 is pre-consented. Exporters must submit the notification to EPA using the
			 allowable methods listed in paragraph (b)(1) of this section at least ten days
			 before the first shipment is expected to leave the United States.
(3) Notifications listing interim recycling
			 operations or interim disposal operations. If the foreign receiving facility
			 listed in paragraph (b)(1)(ii) of this section will engage in any of the
			 interim recovery operations R12 or R13 or interim disposal operations D13
			 through D15, or in the case of transboundary movements with Canada, any of the
			 interim recovery operations R12, R13, or RC16, or interim disposal operations
			 D13 to D14, or DC17, the notification submitted according to paragraph (b)(1)
			 of this section must also include the final foreign recovery or disposal
			 facility name, address, telephone, fax numbers, e-mail address, technologies
			 employed, and which of the applicable recovery or disposal operations R1
			 through R11 and D1 through D12, or in the case of transboundary movements with
			 Canada, which of the applicable recovery or disposal operations R1 through R11,
			 RC14 to RC15, D1 through D12, and DC15 to DC16 will be employed at the final
			 foreign recovery or disposal facility. The recovery and disposal operations in
			 this paragraph are defined in § 262.81.
(4) Renotifications. When the exporter wishes
			 to change any of the information specified on the original notification
			 (including increasing the estimate of the total quantity of hazardous waste
			 specified in the original notification or adding transporters), the exporter
			 must submit a renotification of the changes to EPA using the allowable methods
			 in paragraph (b)(1) of this section. Any shipment using the requested changes
			 cannot take place until the countries of import and transit consent to the
			 changes and the exporter receives an EPA AOC letter documenting the countries'
			 consents to the changes.
(5) For
			 cases where the proposed country of import and recovery or disposal operations
			 are not covered under an international agreement to which both the United
			 States and the country of import are parties, EPA will coordinate with the
			 Department of State to provide the complete notification to country of import
			 and any countries of transit. In all other cases, EPA will provide the
			 notification directly to the country of import and any countries of transit. A
			 notification is complete when EPA receives a notification which EPA determines
			 satisfies the requirements of paragraph (b)(1)(i) through (b)(1)(xiii) of this
			 section.
(6) Where the countries of
			 import and transit consent to the proposed transboundary movement(s) of the
			 hazardous waste(s), EPA will forward an EPA AOC letter to the exporter
			 documenting the countries' consents. Where any of the countries of import and
			 transit objects to the proposed transboundary movement(s) of the hazardous
			 waste or withdraws a prior consent, EPA will notify the exporter.
(7) Export of hazardous wastes for recycling
			 or disposal operations that were originally imported into the United States for
			 recycling or disposal operations in a third country is prohibited unless an
			 exporter in the United States complies with the export requirements in §
			 262.83, including providing notification to EPA in accordance with paragraph
			 (b)(1) of this section. In addition to listing all required information in
			 paragraphs (b)(1)(i) through (b)(1)(xiii) of this section, the exporter must
			 provide the original consent number issued for the initial import of the wastes
			 in the notification, and receive an AOC from EPA documenting the consent of the
			 competent authorities in new country of import, the original country of export,
			 and any transit countries prior to re-export.
(8) Upon request by EPA, the exporter must
			 furnish to EPA any additional information which the country of import requests
			 in order to respond to a notification.
(c) RCRA manifest instructions for export
			 shipments. The exporter must comply with the manifest requirements of
			 §§ 262.20 through 262.23 except that:
(1) In lieu of the name, site address and EPA
			 ID number of the designated permitted facility, the exporter must enter the
			 name and site address of the foreign receiving facility;
(2) In the International Shipments block, the
			 exporter must check the export box and enter the U.S. port of exit (city and
			 State) from the United States.
(3)
			 The exporter must list the consent number from the AOC for each hazardous waste
			 listed on the manifest, matched to the relevant list number for the hazardous
			 waste from block 9b. If additional space is needed, the exporter should use a
			 Continuation Sheet(s) (EPA Form 8700-22A).
(4) The exporter may obtain the manifest from
			 any source that is registered with the U.S. EPA as a supplier of manifests
			 (e.g., states, waste handlers, and/or commercial forms
			 printers).
(d) Movement
			 document requirements for export shipments.
(1) All exporters must ensure that a movement
			 document meeting the conditions of paragraph (d)(2) of this section accompanies
			 each transboundary movement of hazardous wastes from the initiation of the
			 shipment until it reaches the foreign receiving facility, including cases in
			 which the hazardous waste is stored and/or sorted by the foreign importer prior
			 to shipment to the foreign receiving facility, except as provided in paragraphs
			 (d)(1)(i) and (ii) of this section.
(i) For
			 shipments of hazardous waste within the United States solely by water (bulk
			 shipments only), the exporter must forward the movement document to the last
			 water (bulk shipment) transporter to handle the hazardous waste in the United
			 States if exported by water.
(ii)
			 For rail shipments of hazardous waste within the United States which start from
			 the company originating the export shipment, the exporter must forward the
			 movement document to the next non-rail transporter, if any, or the last rail
			 transporter to handle the hazardous waste in the United States if exported by
			 rail.
(2) The movement
			 document must include the following paragraphs (d)(2)(i) through (xv) of this
			 section:
(i) The corresponding consent
			 number(s) and hazardous waste number(s) for the listed hazardous waste from the
			 relevant EPA AOC(s);
(ii) The
			 shipment number and the total number of shipments from the EPA AOC;
(iii) Exporter name and EPA identification
			 number, address, telephone, fax numbers, and e-mail address;
(iv) Foreign receiving facility name,
			 address, telephone, fax numbers, e-mail address, technologies employed, and the
			 applicable recovery or disposal operations as defined in §
			 262.81;
(v) Foreign importer name
			 (if not the owner or operator of the foreign receiving facility), address,
			 telephone, fax numbers, and e-mail address;
(vi) Description(s) of each hazardous waste,
			 quantity of each hazardous waste in the shipment, applicable RCRA hazardous
			 waste code(s) for each hazardous waste, applicable OECD waste code for each
			 hazardous waste from the lists incorporated by reference in § 260.11, and
			 the United Nations/U.S. Department of Transportation (DOT) ID number for each
			 hazardous waste;
(vii) Date
			 movement commenced;
(viii) Name (if
			 not exporter), address, telephone, fax numbers, and e-mail of company
			 originating the shipment;
(ix)
			 Company name, EPA ID number, address, telephone, fax, and e-mail address of all
			 transporters;
(x) Identification
			 (license, registered name or registration number) of means of transport,
			 including types of packaging;
(xi)
			 Any special precautions to be taken by transporter(s);
(xii) Certification/declaration signed and
			 dated by the exporter that the information in the movement document is complete
			 and correct;
(xiii) Appropriate
			 signatures for each custody transfer (e.g., transporter, importer, and owner or
			 operator of the foreign receiving facility);
(xiv) Each U.S. person that has physical
			 custody of the hazardous waste from the time the movement commences until it
			 arrives at the foreign receiving facility must sign the movement document
			 (e.g., transporter, foreign importer, and owner or operator of the foreign
			 receiving facility); and
(xv) As
			 part of the contract requirements per paragraph (f) of this section, the
			 exporter must require that the foreign receiving facility send a copy of the
			 signed movement document to confirm receipt within three working days of
			 shipment delivery to the exporter, to the competent authorities of the
			 countries of import and transit, and for shipments occurring on or after the
			 electronic import-export reporting compliance date, the exporter must
			 additionally require that the foreign receiving facility send a copy to EPA at
			 the same time using the allowable methods listed in paragraph (b)(1) of this
			 section.
(e)
			 Duty to return or re-export hazardous wastes. When a transboundary movement of
			 hazardous wastes cannot be completed in accordance with the terms of the
			 contract or the consent(s) and alternative arrangements cannot be made to
			 recover or dispose of the waste in an environmentally sound manner in the
			 country of import, the exporter must ensure that the hazardous waste is
			 returned to the United States or re-exported to a third country. If the waste
			 must be returned, the exporter must provide for the return of the hazardous
			 waste shipment within ninety days from the time the country of import informs
			 EPA of the need to return the waste or such other period of time as the
			 concerned countries agree. In all cases, the exporter must submit an exception
			 report to EPA in accordance with paragraph (h) of this section.
(f) Export contract requirements.
(1) Exports of hazardous waste are prohibited
			 unless they occur under the terms of a valid written contract, chain of
			 contracts, or equivalent arrangements (when the movement occurs between parties
			 controlled by the same corporate or legal entity). Such contracts or equivalent
			 arrangements must be executed by the exporter, foreign importer (if different
			 from the foreign receiving facility), and the owner or operator of the foreign
			 receiving facility, and must specify responsibilities for each. Contracts or
			 equivalent arrangements are valid for the purposes of this section only if
			 persons assuming obligations under the contracts or equivalent arrangements
			 have appropriate legal status to conduct the operations specified in the
			 contract or equivalent arrangements.
(2) Contracts or equivalent arrangements must
			 specify the name and EPA ID number, where available, of paragraph (f)(2)(i)
			 through (iv) of this section:
(i) The company
			 from where each export shipment of hazardous waste is initiated;
(ii) Each person who will have physical
			 custody of the hazardous wastes;
(iii) Each person who will have legal control
			 of the hazardous wastes; and
(iv)
			 The foreign receiving facility.
(3) Contracts or equivalent arrangements must
			 specify which party to the contract will assume responsibility for alternate
			 management of the hazardous wastes if their disposition cannot be carried out
			 as described in the notification of intent to export. In such cases, contracts
			 must specify that:
(i) The transporter or
			 foreign receiving facility having actual possession or physical control over
			 the hazardous wastes will immediately inform the exporter, EPA, and either the
			 competent authority of the country of transit or the competent authority of the
			 country of import of the need to make alternate management arrangements;
			 and
(ii) The person specified in
			 the contract will assume responsibility for the adequate management of the
			 hazardous wastes in compliance with applicable laws and rules including, if
			 necessary, arranging the return of hazardous wastes and, as the case may be,
			 shall provide the notification for re-export to the competent authority in the
			 country of import and include the equivalent of the information required in
			 paragraph (b)(1) of this section, the original consent number issued for the
			 initial export of the hazardous wastes in the notification, and obtain consent
			 from EPA and the competent authorities in the new country of import and any
			 transit countries prior to re-export.
(4) Contracts must specify that the foreign
			 receiving facility send a copy of the signed movement document to confirm
			 receipt within three working days of shipment delivery to the exporter and to
			 the competent authorities of the countries of import and transit. For contracts
			 that will be in effect on or after the electronic import-export reporting
			 compliance date, the contracts must additionally specify that the foreign
			 receiving facility send a copy to EPA at the same time using the allowable
			 methods listed in paragraph (b)(1) of this section on or after that
			 date.
(5) Contracts must specify
			 that the foreign receiving facility shall send a copy of the signed and dated
			 confirmation of recovery or disposal, as soon as possible, but no later than
			 thirty days after completing recovery or disposal on the waste in the shipment
			 and no later than one calendar year following receipt of the waste, to the
			 exporter and to the competent authority of the country of import. For contracts
			 that will be in effect on or after the electronic import-export reporting
			 compliance date, the contracts must additionally specify that the foreign
			 receiving facility send a copy to EPA at the same time using the allowable
			 methods listed in paragraph (b)(1) of this section on or after that
			 date.
(6) Contracts must specify
			 that the foreign importer or the foreign receiving facility that performed
			 interim recycling operations R12, R13, or RC16, or interim disposal operations
			 D13 through D15 or DC17, (recovery and disposal operations defined in §
			 262.81) as appropriate, will:
(i) Provide the
			 notification required in paragraph (f)(3)(ii) of this section prior to any
			 re-export of the hazardous wastes to a final foreign recovery or disposal
			 facility in a third country; and
(ii) Promptly send copies of the confirmation
			 of recovery or disposal that it receives from the final foreign recovery or
			 disposal facility within one year of shipment delivery to the final foreign
			 recovery or disposal facility that performed one of recovery operations R1
			 through R11, or RC16, or one of disposal operations D1 through D12, DC15 or
			 DC16 to the competent authority of the country of import. For contracts that
			 will be in effect on or after the electronic import-export reporting compliance
			 date, the contracts must additionally specify that the foreign facility send
			 copies to EPA at the same time using the allowable method listed in paragraph
			 (b)(1) of this section on or after that date.
(7) Contracts or equivalent arrangements must
			 include provisions for financial guarantees, if required by the competent
			 authorities of the country of import and any countries of transit, in
			 accordance with applicable national or international law requirements.
Note to Paragraph (f)(7):
Financial guarantees so
				required are intended to provide for alternate recycling, disposal or other
				means of sound management of the wastes in cases where arrangements for the
				shipment and the recovery operations cannot be carried out as foreseen. The
				United States does not require such financial guarantees at this time; however,
				some OECD Member countries and other foreign countries do. It is the
				responsibility of the exporter to ascertain and comply with such requirements;
				in some cases, persons or facilities located in those OECD Member countries or
				other foreign countries may refuse to enter into the necessary contracts absent
				specific references or certifications to financial guarantees.
(8) Contracts or equivalent arrangements must
			 contain provisions requiring each contracting party to comply with all
			 applicable requirements of this subpart.
(9) Upon request by EPA, U.S. exporters,
			 importers, or recovery facilities must submit to EPA copies of contracts, chain
			 of contracts, or equivalent arrangements (when the movement occurs between
			 parties controlled by the same corporate or legal entity).
(g) Annual reports. The exporter shall file
			 an annual report with EPA no later than March 1 of each year summarizing the
			 types, quantities, frequency, and ultimate destination of all such hazardous
			 waste exported during the previous calendar year. Prior to one year after the
			 AES filing compliance date, the exporter must mail or hand-deliver annual
			 reports to EPA using one of the addresses specified in § 262.82(e), or
			 submit to EPA using the allowable methods specified in paragraph (b)(1) of this
			 section if the exporter has electronically filed EPA information in AES, or its
			 successor system, per paragraph (a)(6)(i)(A) of this section for all shipments
			 made the previous calendar year. Subsequently, the exporter must submit annual
			 reports to EPA using the allowable methods specified in paragraph (b)(1) of
			 this section. The annual report must include all of the following paragraphs
			 (g)(1) through (6) of this section specified as follows:
(1) The EPA identification number, name, and
			 mailing and site address of the exporter filing the report;
(2) The calendar year covered by the
			 report;
(3) The name and site
			 address of each foreign receiving facility;
(4) By foreign receiving facility, for each
			 hazardous waste exported:
(i) A description of
			 the hazardous waste;
(ii) The
			 applicable EPA hazardous waste code(s) (from 40 CFR part 261, subpart C or D)
			 for each waste;
(iii) The
			 applicable waste code from the appropriate OECD waste list incorporated by
			 reference in
			 40 CFR
			 260.11;
(iv) The applicable DOT ID number;
(v) The name and U.S. EPA ID number (where
			 applicable) for each transporter used over the calendar year covered by the
			 report; and
(vi) The consent
			 number(s) under which the hazardous waste was shipped, and for each consent
			 number, the total amount of the hazardous waste and the number of shipments
			 exported during the calendar year covered by the report;
(5) In even numbered years, for each
			 hazardous waste exported, except for hazardous waste produced by exporters of
			 greater than 100kg but less than 1,000kg in a calendar month, and except for
			 hazardous waste for which information was already provided pursuant to §
			 262.41:
(i) A description of the efforts
			 undertaken during the year to reduce the volume and toxicity of the waste
			 generated; and
(ii) A description
			 of the changes in volume and toxicity of the waste actually achieved during the
			 year in comparison to previous years to the extent such information is
			 available for years prior to 1984; and (6) A certification signed by the
			 exporter that states: I certify under penalty of law that I have personally
			 examined and am familiar with the information submitted in this and all
			 attached documents, and that based on my inquiry of those individuals
			 immediately responsible for obtaining the information, I believe that the
			 submitted information is true, accurate, and complete. I am aware that there
			 are significant penalties for submitting false information including the
			 possibility of fine and imprisonment.
(h) Exception reports.
(1) The exporter must file an exception
			 report in lieu of the requirements of § 262.42 (if applicable) with EPA if
			 any of the following occurs:
(i) The exporter
			 has not received a copy of the RCRA hazardous waste manifest (if applicable)
			 signed by the transporter identifying the point of departure of the hazardous
			 waste from the United States, within forty-five (45) days from the date it was
			 accepted by the initial transporter, in which case the exporter must file the
			 exception report within the next thirty (30) days;
(ii) The exporter has not received a written
			 confirmation of receipt from the foreign receiving facility in accordance with
			 paragraph (d) of this section within ninety (90) days from the date the waste
			 was accepted by the initial transporter in which case the exporter must file
			 the exception report within the next thirty (30) days; or
(iii) The foreign receiving facility notifies
			 the exporter, or the country of import notifies EPA, of the need to return the
			 shipment to the U.S. or arrange alternate management, in which case the
			 exporter must file the exception report within thirty (30) days of
			 notification, or one (1) day prior to the date the return shipment commences,
			 whichever is sooner.
(2)
			 Prior to the electronic import-export reporting compliance date, exception
			 reports must be mailed or hand delivered to EPA using the addresses listed in
			 § 262.82(e). Subsequently, exception reports must be submitted to EPA
			 using the allowable methods listed in paragraph (b)(1) of this section.
(i) Recordkeeping.
(1) The exporter shall keep the following
			 records in paragraphs (i)(1)(i) through (v) of this section and provide them to
			 EPA or authorized state personnel upon request:
(i) A copy of each notification of intent to
			 export and each EPA AOC for a period of at least three (3) years from the date
			 the hazardous waste was accepted by the initial transporter;
(ii) A copy of each annual report for a
			 period of at least three (3) years from the due date of the report;
(iii) A copy of any exception reports and a
			 copy of each confirmation of receipt (i.e., movement document) sent by the
			 foreign receiving facility to the exporter for at least three (3) years from
			 the date the hazardous waste was accepted by the initial transporter;
			 and
(iv) A copy of each
			 confirmation of recovery or disposal sent by the foreign receiving facility to
			 the exporter for at least three (3) years from the date that the foreign
			 receiving facility completed interim or final processing of the hazardous waste
			 shipment.
(v) A copy of each
			 contract or equivalent arrangement established per § 262.85 for at least
			 three (3) years from the expiration date of the contract or equivalent
			 arrangement.
(2)
			 Exporters may satisfy these recordkeeping requirements by retaining
			 electronically submitted documents in the exporter's account on EPA's Waste
			 Import Export Tracking System (WIETS), or its successor system, provided that
			 copies are readily available for viewing and production if requested by any EPA
			 or authorized state inspector. No exporter may be held liable for the inability
			 to produce such documents for inspection under this section if the exporter can
			 demonstrate that the inability to produce the document is due exclusively to
			 technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or
			 its successor system for which the exporter bears no responsibility.
(3) The periods of retention referred to in
			 this section are extended automatically during the course of any unresolved
			 enforcement action regarding the regulated activity or as requested by the
			 Administrator.
§ 262.84
Imports of hazardous
			 waste
(a) General import requirements.
(1) With the exception of paragraph (a)(5) of
			 this section, importers of shipments covered under a consent from EPA to the
			 country of export issued before December 31, 2016 are subject to that approval
			 and the requirements that existed at the time of that approval until such time
			 the approval period expires. Otherwise, any other person who imports hazardous
			 waste from a foreign country into the United States must comply with the
			 requirements of this part and the special requirements of this
			 section.
(2) In cases where the
			 country of export does not require the foreign exporter to submit a
			 notification and obtain consent to the export prior to shipment, the importer
			 must submit a notification to EPA in accordance with paragraph (b) of this
			 section.
(3) The importer must
			 comply with the contract requirements in paragraph (f) of this
			 section.
(4) The importer must
			 ensure compliance with the movement documents requirements in paragraph (d) of
			 this section; and
(5) The importer
			 must ensure compliance with the manifest instructions for import shipments in
			 paragraph (c) of this section.
(b) Notifications. In cases where the
			 competent authority of the country of export does not regulate the waste as
			 hazardous waste and, thus, does not require the foreign exporter to submit to
			 it a notification proposing export and obtain consent from EPA and the
			 competent authorities for the countries of transit, but EPA does regulate the
			 waste as hazardous waste:
(1) The importer is
			 required to provide notification in English to EPA of the proposed
			 transboundary movement of hazardous waste at least sixty (60) days before the
			 first shipment is expected to depart the country of export. Notifications
			 submitted prior to the electronic import-export reporting compliance date must
			 be mailed or hand delivered to EPA at the addresses specified in §
			 262.82(e). Notifications submitted on or after the electronic import-export
			 reporting compliance date must be submitted electronically using EPA's Waste
			 Import Export Tracking System (WIETS), or its successor system. The
			 notification may cover up to one year of shipments of one or more hazardous
			 wastes being sent from the same foreign exporter, and must include all of the
			 following information:
(i) Foreign exporter
			 name, address, telephone, fax numbers, and e-mail address;
(ii) Receiving facility name, EPA ID number,
			 address, telephone, fax numbers, email address, technologies employed, and the
			 applicable recovery or disposal operations as defined in §
			 262.81;
(iii) Importer name (if not
			 the owner or operator of the receiving facility), EPA ID number, address,
			 telephone, fax numbers, and e-mail address;
(iv) Intended transporter(s) and/or their
			 agent(s); address, telephone, fax, and e-mail address;
(v) "U.S." as the country of import, "USA01"
			 as the relevant competent authority code, and the intended U.S. port(s) of
			 entry;
(vi) The ISO standard 3166
			 country name 2-digit code, OECD/Basel competent authority code, and the ports
			 of entry and exit for each country of transit;
(vii) The ISO standard 3166 country name
			 2-digit code, OECD/Basel competent authority code, and port of exit for the
			 country of export;
(viii) Statement
			 of whether the notification covers a single shipment or multiple
			 shipments;
(ix) Start and End Dates
			 requested for transboundary movements;
(x) Means of transport planned to be
			 used;
(xi) Description(s) of each
			 hazardous waste, including whether each hazardous waste is regulated universal
			 waste under section 273, or the state equivalent, spent lead-acid batteries
			 being exported for recovery of lead under section 266, subsection G, or the
			 state equivalent, or industrial ethyl alcohol being exported for reclamation
			 under § 261.6(a)(3)(i), or the state equivalent, estimated total quantity
			 of each hazardous waste, the applicable RCRA hazardous waste code(s) for each
			 hazardous waste, the applicable OECD waste code from the lists incorporated by
			 reference in § 260.11, and the United Nations/U.S. Department of
			 Transportation (DOT) ID number for each hazardous waste;
(xii) Specification of the recovery or
			 disposal operation(s) as defined in § 262.81; and
(xiii) Certification/Declaration signed by
			 the importer that states:
I certify that the above information is complete and correct to
				the best of my knowledge. I also certify that legally enforceable written
				contractual obligations have been entered into and that any applicable
				insurance or other financial guarantee is or shall be in force covering the
				transboundary movement.
Name:
Signature:
Date:
Note to Paragrah (b)(1)(xiii):
The United States
				does not currently require financial assurance for these waste
				shipments.
(2)
			 Notifications listing interim recycling operations or interim disposal
			 operations. If the receiving facility listed in paragraph (b)(1)(ii) of this
			 section will engage in any of the interim recovery operations R12 or R13 or
			 interim disposal operations D13 through D15, the notification submitted
			 according to paragraph (b)(1) of this section must also include the final
			 recovery or disposal facility name, address, telephone, fax numbers, e-mail
			 address, technologies employed, and which of the applicable recovery or
			 disposal operations R1 through R11 and D1 through D12, will be employed at the
			 final recovery or disposal facility. The recovery and disposal operations in
			 this paragraph are defined in § 262.81.
(3) Renotifications. When the foreign
			 exporter wishes to change any of the conditions specified on the original
			 notification (including increasing the estimate of the total quantity of
			 hazardous waste specified in the original notification or adding transporters),
			 the importer must submit a renotification of the changes to EPA using the
			 allowable methods in paragraph (b)(1) of this section. Any shipment using the
			 requested changes cannot take place until EPA and the countries of transit
			 consent to the changes and the importer receives an EPA AOC letter documenting
			 the consents to the changes.
(4) A
			 notification is complete when EPA determines the notification satisfies the
			 requirements of paragraph (b)(1)(i) through (xiii) of this section.
(5) Where EPA and the countries of transit
			 consent to the proposed transboundary movement(s) of the hazardous waste(s),
			 EPA will forward an EPA AOC letter to the importer documenting the countries'
			 consents and EPA's consent. Where any of the countries of transit or EPA
			 objects to the proposed transboundary movement(s) of the hazardous waste or
			 withdraws a prior consent, EPA will notify the importer.
(6) Export of hazardous wastes originally
			 imported into the United States. Export of hazardous wastes that were
			 originally imported into the United States for recycling or disposal operations
			 is prohibited unless an exporter in the United States complies with the export
			 requirements in § 262.83(b)(7).
(c) RCRA Manifest instructions for import
			 shipments.
(1) When importing hazardous waste,
			 the importer must meet all the requirements of § 262.20 for the manifest
			 except that:
(i) In place of the generator's
			 name, address and EPA identification number, the name and address of the
			 foreign generator and the importer's name, address and EPA identification
			 number must be used.
(ii) In place
			 of the generator's signature on the certification statement, the importer or
			 his agent must sign and date the certification and obtain the signature of the
			 initial transporter.
(2)
			 The importer may obtain the manifest form from any source that is registered
			 with the EPA as a supplier of manifests (e.g., states, waste handlers, and/or
			 commercial forms printers).
(3) In
			 the International Shipments block, the importer must check the import box and
			 enter the point of entry (city and State) into the United States.
(4) The importer must provide the transporter
			 with an additional copy of the manifest to be submitted by the receiving
			 facility to U.S. EPA in accordance with § 264.71(a)(3) and
			 265.71(a)(3).
(5) In lieu of the
			 requirements of § 262.20(d), where a shipment cannot be delivered for any
			 reason to the receiving facility, the importer must instruct the transporter in
			 writing via fax, email or mail to:
(i) Return
			 the hazardous waste to the foreign exporter or designate another facility
			 within the United States; and
(ii)
			 Revise the manifest in accordance with the importer's instructions.
(d) Movement
			 document requirements for import shipments.
(1) The importer must ensure that a movement
			 document meeting the conditions of paragraph (d)(2) of this section accompanies
			 each transboundary movement of hazardous wastes from the initiation of the
			 shipment in the country of export until it reaches the receiving facility,
			 including cases in which the hazardous waste is stored and/or sorted by the
			 importer prior to shipment to the receiving facility, except as provided in
			 paragraphs (d)(1)(i) and (ii) of this section.
(i) For shipments of hazardous waste within
			 the United States by water (bulk shipments only), the importer must forward the
			 movement document to the last water (bulk shipment) transporter to handle the
			 hazardous waste in the United States if imported by water.
(ii) For rail shipments of hazardous waste
			 within the United States which start from the company originating the export
			 shipment, the importer must forward the movement document to the next non-rail
			 transporter, if any, or the last rail transporter to handle the hazardous waste
			 in the United States if imported by rail.
(2) The movement document must include the
			 following paragraphs (d)(2)(i) through (xv) of this section:
(i) The corresponding AOC number(s) and waste
			 number(s) for the listed waste;
(ii) The shipment number and the total number
			 of shipments under the AOC number;
(iii) Foreign exporter name, address,
			 telephone, fax numbers, and e-mail address;
(iv) Receiving facility name, EPA ID number,
			 address, telephone, fax numbers, email address, technologies employed, and the
			 applicable recovery or disposal operations as defined in §
			 262.81;
(v) Importer name (if not
			 the owner or operator of the receiving facility), EPA ID number, address,
			 telephone, fax numbers, and e-mail address;
(vi) Description(s) of each hazardous waste,
			 quantity of each hazardous waste in the shipment, applicable RCRA hazardous
			 waste code(s) for each hazardous waste, the applicable OECD waste code for each
			 hazardous waste from the lists incorporated by reference in § 260.11, and
			 the United Nations/U.S. Department of Transportation (DOT) ID number for each
			 hazardous waste;
(vii) Date
			 movement commenced;
(viii) Name (if
			 not the foreign exporter), address, telephone, fax numbers, and email of the
			 foreign company originating the shipment;
(ix) Company name, EPA ID number, address,
			 telephone, fax, and e-mail address of all transporters;
(x) Identification (license, registered name
			 or registration number) of means of transport, including types of
			 packaging;
(xi) Any special
			 precautions to be taken by transporter(s);
(xii) Certification/declaration signed and
			 dated by the foreign exporter that the information in the movement document is
			 complete and correct;
(xiii)
			 Appropriate signatures for each custody transfer (e.g., transporter, importer,
			 and owner or operator of the receiving facility);
(xiv) Each person that has physical custody
			 of the waste from the time the movement commences until it arrives at the
			 receiving facility must sign the movement document (e.g., transporter,
			 importer, and owner or operator of the receiving facility); and
(xv) The receiving facility must send a copy
			 of the signed movement document to confirm receipt within three working days of
			 shipment delivery to the foreign exporter, to the competent authorities of the
			 countries of export and transit, and for shipments received on or after the
			 electronic import-export reporting compliance date, to EPA electronically using
			 EPA's Waste Import Export Tracking System (WIETS), or its successor system.
(e) Duty to
			 return or export hazardous wastes. When a transboundary movement of hazardous
			 wastes cannot be completed in accordance with the terms of the contract or the
			 consent(s), the provisions of paragraph (f)(4) of this section apply. If
			 alternative arrangements cannot be made to recover the hazardous waste in an
			 environmentally sound manner in the United States, the hazardous waste must be
			 returned to the country of export or exported to a third country. The
			 provisions of paragraph (b)(6) of this section apply to any hazardous waste
			 shipments to be exported to a third country. If the return shipment will cross
			 any transit country, the return shipment may only occur after EPA provides
			 notification to and obtains consent from the competent authority of the country
			 of transit, and provides a copy of that consent to the importer.
(f) Import contract requirements
.
(1) Imports of hazardous waste must
			 occur under the terms of a valid written contract, chain of contracts, or
			 equivalent arrangements (when the movement occurs between parties controlled by
			 the same corporate or legal entity). Such contracts or equivalent arrangements
			 must be executed by the foreign exporter, importer, and the owner or operator
			 of the receiving facility, and must specify responsibilities for each.
			 Contracts or equivalent arrangements are valid for the purposes of this section
			 only if persons assuming obligations under the contracts or equivalent
			 arrangements have appropriate legal status to conduct the operations specified
			 in the contract or equivalent arrangements.
(2) Contracts or equivalent arrangements must
			 specify the name and EPA ID number, where available, of paragraph (f)(2)(i)
			 through (iv) of this section:
(i) The foreign
			 company from where each import shipment of hazardous waste is
			 initiated;
(ii) Each person who
			 will have physical custody of the hazardous wastes;
(iii) Each person who will have legal control
			 of the hazardous wastes; and
(iv)
			 The receiving facility.
(3) Contracts or equivalent arrangements must
			 specify the use of a movement document in accordance with §
			 262.84(d).
(4) Contracts or
			 equivalent arrangements must specify which party to the contract will assume
			 responsibility for alternate management of the hazardous wastes if their
			 disposition cannot be carried out as described in the notification of intent to
			 export submitted by either the foreign exporter or the importer. In such cases,
			 contracts must specify that:
(i) The
			 transporter or receiving facility having actual possession or physical control
			 over the hazardous wastes will immediately inform the foreign exporter and
			 importer, and the competent authority where the shipment is located of the need
			 to arrange alternate management or return; and
(ii) The person specified in the contract
			 will assume responsibility for the adequate management of the hazardous wastes
			 in compliance with applicable laws and rules including, if necessary, arranging
			 the return of the hazardous wastes and, as the case may be, shall provide the
			 notification for re-export required in § 262.83(b)(7).
(5) Contracts must
			 specify that the importer or the receiving facility that performed interim
			 recycling operations R12, R13, or RC16, or interim disposal operations D13
			 through D15 or DC15 through DC17, as appropriate, will provide the notification
			 required in § 262.83(b)(7) prior to the re-export of hazardous wastes. The
			 recovery and disposal operations in this paragraph are defined in §
			 262.81.
(6) Contracts or equivalent
			 arrangements must include provisions for financial guarantees, if required by
			 the competent authorities of any countries concerned, in accordance with
			 applicable national or international law requirements.
Note to Paragraph (f)(6):
Financial guarantees so
				required are intended to provide for alternate recycling, disposal or other
				means of sound management of the wastes in cases where arrangements for the
				shipment and the recovery operations cannot be carried out as foreseen. The
				United States does not require such financial guarantees at this time; however,
				some OECD Member countries or other foreign countries do. It is the
				responsibility of the importer to ascertain and comply with such requirements;
				in some cases, persons or facilities located in those countries may refuse to
				enter into the necessary contracts absent specific references or certifications
				to financial guarantees.
(7)
			 Contracts or equivalent arrangements must contain provisions requiring each
			 contracting party to comply with all applicable requirements of this
			 subpart.
(8) Upon request by EPA,
			 importers or disposal or recovery facilities must submit to EPA copies of
			 contracts, chain of contracts, or equivalent arrangements (when the movement
			 occurs between parties controlled by the same corporate or legal
			 entity).
(g) Confirmation
			 of recovery or disposal. The receiving facility must do the following:
(1) Send copies of the signed and dated
			 confirmation of recovery or disposal, as soon as possible, but no later than
			 thirty days after completing recovery or disposal on the waste in the shipment
			 and no later than one calendar year following receipt of the waste, to the
			 foreign exporter, to the competent authority of the country of export, and for
			 shipments recycled or disposed of on or after the electronic import-export
			 reporting compliance date, to EPA electronically using EPA's Waste Import
			 Export Tracking System (WIETS), or its successor system.
(2) If the receiving facility performed any
			 of recovery operations R12, R13, or RC16, or disposal operations D13 through
			 D15, or DC17, the receiving facility shall promptly send copies of the
			 confirmation of recovery or disposal that it receives from the final recovery
			 or disposal facility within one year of shipment delivery to the final recovery
			 or disposal facility that performed one of recovery operations R1 through R11,
			 or RC14 to RC15, or one of disposal operations D1 through D12, or DC15 to DC16,
			 to the competent authority of the country of export, and for confirmations
			 received on or after the electronic import-export reporting compliance date, to
			 EPA electronically using EPA's Waste Import Export Tracking System (WIETS), or
			 its successor system. The recovery and disposal operations in this paragraph
			 are defined in § 262.81.
(h) Recordkeeping.
(1) The importer shall keep the following
			 records and provide them to EPA or authorized state personnel upon request:
(i) A copy of each notification that the
			 importer sends to EPA under paragraph (b)(1) of this section and each EPA AOC
			 it receives in response for a period of at least three (3) years from the date
			 the hazardous waste was accepted by the initial foreign transporter;
			 and
(ii) A copy of each contract or
			 equivalent arrangement established per paragraph (f) of this section for at
			 least three (3) years from the expiration date of the contract or equivalent
			 arrangement.
(2) The
			 receiving facility shall keep the following records:
(i) A copy of each confirmation of receipt
			 (i.e., movement document) that the receiving facility sends to the foreign
			 exporter for at least three (3) years from the date it received the hazardous
			 waste;
(ii) A copy of each
			 confirmation of recovery or disposal that the receiving facility sends to the
			 foreign exporter for at least three (3) years from the date that it completed
			 processing the waste shipment;
(iii) For the receiving facility that
			 performed any of recovery operations R12, R13, or RC16, or disposal operations
			 D13 through D15, or DC17 (recovery and disposal operations defined in §
			 262.81), a copy of each confirmation of recovery or disposal that the final
			 recovery or disposal facility sent to it for at least three (3) years from the
			 date that the final recovery or disposal facility completed processing the
			 waste shipment; and
(iv) A copy of
			 each contract or equivalent arrangement established per paragraph (f) of this
			 section for at least three (3) years from the expiration date of the contract
			 or equivalent arrangement.
(3) Importers and receiving facilities may
			 satisfy these recordkeeping requirements by retaining electronically submitted
			 documents in the importer's or receiving facility's account on EPA's Waste
			 Import Export Tracking System (WIETS), or its successor system, provided that
			 copies are readily available for viewing and production if requested by any EPA
			 or authorized state inspector. No importer or receiving facility may be held
			 liable for the inability to produce such documents for inspection under this
			 section if the importer or receiving facility can demonstrate that the
			 inability to produce the document is due exclusively to technical difficulty
			 with EPA's Waste Import Export Tracking System (WIETS), or its successor system
			 for which the importer or receiving facility bears no responsibility.
(4) The periods of retention referred to in
			 this section are extended automatically during the course of any unresolved
			 enforcement action regarding the regulated activity or as requested by the
			 Administrator.
§
			 262.85
[Reserved]
§ 262.86
[Reserved]
§ 262.87
[Reserved]
§
			 262.88
[Reserved
]
§ 262.89
[Reserved]
Subsections
			 I-J
[Reserved]
Subsection K
-Alternative Requirements
			 for Hazardous Waste Determination and Accumulation of Unwanted Material for
			 Laboratories Owned by Eligible Academic Entities
§ 262.200
Definitions for this
			 subsection.
The following definitions apply to this subsection:
"College/University" means a private or public, post-secondary,
				degree-granting, academic institution, that is accredited by an accrediting
				agency listed annually by the U.S. Department of Education.
"Eligible academic entity" means a college or university, or a
				non-profit research institute that is owned by or has a formal written
				affiliation agreement with a college or university, or a teaching hospital that
				is owned by or has a formal written affiliation agreement with a college or
				university.
"Formal written affiliation agreement for a non-profit research
				institute" means a written document that establishes a relationship between
				institutions for the purposes of research and/or education and is signed by
				authorized representatives, as defined by § 260.10 of this rule, from each
				institution. A relationship on a project-by-project or grant-by-grant basis is
				not considered a formal written affiliation agreement. A "formal written
				affiliation agreement for a teaching hospital" means a master affiliation
				agreement and program letter of agreement, as defined by the Accreditation
				Council for Graduate Medical Education, with an accredited medical program or
				medical school.
"Laboratory" means an area owned by an eligible academic entity
				where relatively small quantities of chemicals and other substances are used on
				a non-production basis for teaching or research (or diagnostic purposes at a
				teaching hospital) and are stored and used in containers that are easily
				manipulated by one person. Photo laboratories, art studios, and field
				laboratories are considered laboratories. Areas such as chemical stockrooms and
				preparatory laboratories that provide a support function to teaching or
				research laboratories (or diagnostic laboratories at teaching hospitals) are
				also considered laboratories.
"Laboratory clean-out" means an evaluation of the inventory of
				chemicals and other materials in a laboratory that are no longer needed or that
				have expired and the subsequent removal of those chemicals or other unwanted
				materials from the laboratory. A clean-out may occur for several reasons. It
				may be on a routine basis (e.g., at the end of a semester or academic year) or
				as a result of a renovation, relocation, or change in laboratory
				supervisor/occupant. A regularly scheduled removal of unwanted material as
				required by § 262.208 of this rule does not qualify as a laboratory
				clean-out.
"Laboratory worker" means a person who handles chemicals and/or
				unwanted material in a laboratory and may include, but is not limited to,
				faculty, staff, post-doctoral fellows, interns, researchers, technicians,
				supervisors/managers, and principal investigators. A person does not need to be
				paid or otherwise compensated for his/her work in the laboratory to be
				considered a laboratory worker. Undergraduate and graduate students in a
				supervised classroom setting are not laboratory workers.
" Non-profit research institute" means an organization that
				conducts research as its primary function and files as a non-profit
				organization under the tax code of
				26 U.S.C.
				501(c)(3).
"Reactive acutely hazardous unwanted material" means an
				unwanted material that is one of the acutely hazardous commercial chemical
				products listed in § 261.33(e) for reactivity.
"Teaching hospital" means a hospital that trains students to
				become physicians, nurses or other health or laboratory personnel.
"Trained professional" means a person who has completed the
				applicable RCRA training requirements of § 262.17for large quantity
				generators, or is knowledgeable about normal operations and emergencies in
				accordance with § 262.16 for small quantity generators and very small
				quantity generators. A trained professional may be an employee of the eligible
				academic entity or may be a contractor or vendor who meets the requisite
				training requirements.
"Unwanted material" means any chemical, mixtures of chemicals,
				products of experiments or other material from a laboratory that is no longer
				needed, wanted or usable in the laboratory and that is destined for hazardous
				waste determination by a trained professional. Unwanted materials include
				reactive acutely hazardous unwanted materials and materials that may eventually
				be determined not to be solid waste pursuant to § 261.2, or a hazardous
				waste pursuant to § 261.3. If an eligible academic entity elects to use
				another equally effective term in lieu of "unwanted material," as allowed by
				§ 262.206(a)(1)(i), the equally effective term has the same meaning and is
				subject to the same requirements as "unwanted material" under this
				subpart.
"Working container" means a small container (i.e., two gallons
				or less) that is in use at a laboratory bench, hood, or other work station, to
				collect unwanted material from a laboratory experiment or
				procedure.
§ 262.201
Applicability of this subsection
(a) Large quantity generators and small
			 quantity generators. This Subsection provides alternative requirements to the
			 requirements in §§ 262.11 and 262.15 for the hazardous waste
			 determination and accumulation of hazardous waste in laboratories owned by
			 eligible academic entities that choose to be subject to this subpart, provided
			 that they complete the notification requirements of § 262.203.
(b) Very small quantity generators. This
			 Subsection provides alternative requirements to the conditional exemption in
			 § 262.14for the accumulation of hazardous waste in laboratories owned by
			 eligible academic entities that choose to be subject to this subsection,
			 provided that they complete the notification requirements of § 262.203.
§ 262.202
This Subsection is optional
(a)
			 Large quantity generators and small quantity generators: Eligible academic
			 entities have the option of complying with this Subsection with respect to its
			 laboratories, as an alternative to complying with the requirements of
			 §§ 262.11 and 262.15.
(b)
			 Very small quantity generators. Eligible academic entities have the option of
			 complying with this Subsection with respect to its laboratories, as an
			 alternative to complying with the conditional exemption of § 262.14.
§ 262.203
How
			 an eligible academic entity indicates it will be subject to the requirements of
			 this subsection
(a) An eligible
			 academic entity must notify the Director in writing, using the RCRA Subtitle C
			 Site Identification Form (EPA Form 8700-12), that it is electing to be subject
			 to the requirements of this Subsection for all the laboratories owned by the
			 eligible academic entity under the same EPA Identification Number. An eligible
			 academic entity that is a very small quantity generator and does not have an
			 EPA Identification Number must notify that it is electing to be subject to the
			 requirements of this Subsection for all the laboratories owned by the eligible
			 academic entity that are on-site, as defined by § 260.10. An eligible
			 academic entity must submit a separate notification (Site Identification Form)
			 for each EPA Identification Number (or site, for very small quantity
			 generators) that is electing to be subject to the requirements of this
			 subsection, and must submit the Site Identification Form before it begins
			 operating under this subsection.
(b) When submitting the Site Identification
			 Form, the eligible academic entity must, at a minimum, fill out the following
			 fields on the form:
(1) Reason for
			 Submittal.
(2) Site EPA
			 Identification Number (except for very small quantity generators).
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification
			 System (NAICS) Code(s) for the Site.
(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the
			 Site.
(10) Type of Regulated Waste
			 Activity.
(11)
			 Certification.
(c) An
			 eligible academic entity must keep a copy of the notification on file at the
			 eligible academic entity for as long as its laboratories are subject to this
			 subsection.
(d) A teaching hospital
			 that is not owned by a college or university must keep a copy of its formal
			 written affiliation agreement with a college or university on file at the
			 teaching hospital for as long as its laboratories are subject to this
			 subsection.
(e) A non-profit
			 research institute that is not owned by a college or university must keep a
			 copy of its formal written affiliation agreement with a college or university
			 on file at the non-profit research institute for as long as its laboratories
			 are subject to this subsection.
§ 262.204
How an eligible academic
			 entity indicates it will withdraw from the requirements of this
			 subsection
(a) An eligible academic
			 entity must notify the Director in writing, using the RCRA Subtitle C Site
			 Identification Form (EPA Form 8700-12), that it is electing to no longer be
			 subject to the requirements of this Subsection for all the laboratories owned
			 by the eligible academic entity under the same EPA Identification Number and
			 that it will comply with the requirements of §§ 262.11 and 262.15 for
			 small quantity generators and large quantity generators. An eligible academic
			 entity that is a very small quantity generator and does not have an EPA
			 Identification Number must notify that it is withdrawing from the requirements
			 of this Subsection for all the laboratories owned by the eligible academic
			 entity that are on-site and that it will comply with the conditional exemption
			 in § 262.14. An eligible academic entity must submit a separate
			 notification (Site Identification Form) for each EPA Identification Number (or
			 site, for very small quantity generators) that is withdrawing from the
			 requirements of this Subsection and must submit the Site Identification Form
			 before it begins operating under the requirements of §§ 262.11 and
			 262.15 for small quantity generators and large quantity generators, or §
			 262.14 for very small quantity generators.
(b) When submitting the Site Identification
			 Form, the eligible academic entity must, at a minimum, fill out the following
			 fields on the form:
(1) Reason for
			 Submittal.
(2) Site EPA
			 Identification Number.
(3) Site
			 Name.
(4) Site Location
			 Information.
(5) Site Land
			 Type.
(6) North American Industry
			 Classification System (NAICS) Code(s) for the Site.
(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the
			 Site.
(10) Type of Regulated Waste
			 Activity.
(11)
			 Certification.
(c) An
			 eligible academic entity must keep a copy of the withdrawal notice on file at
			 the eligible academic entity for three years from the date of the notification.
§ 262.205
Summary of the requirements of this subsection
An eligible academic entity that chooses to be subject to this
				Subsection is not required to have interim status or a RCRA Part B permit for
				the accumulation of unwanted material and hazardous waste in its laboratories,
				provided the laboratories comply with the provisions of this Subsection and the
				eligible academic entity has a Laboratory Management Plan (LMP) in accordance
				with § 262.214 that describes how the laboratories owned by the eligible
				academic entity will comply with the requirements of this subsection.
§ 262.206
Labeling and
			 management standards for containers of unwanted material in the
			 laboratory
An eligible academic entity must manage containers of unwanted
				material while in the laboratory in accordance with the requirements in this
				subsection.
(a) Labeling: Label
			 unwanted material as follows:
(1) The
			 following information must be affixed or attached to the container:
(i) The words "unwanted material" or another
			 equally effective term that is to be used consistently by the eligible academic
			 entity and that is identified in Part I of the Laboratory Management Plan,
			 and
(ii) Sufficient information to
			 alert emergency responders to the contents of the container. Examples of
			 information that would be sufficient to alert emergency responders to the
			 contents of the container include, but are not limited to:
(A) The name of the chemical(s),
(B) The type or class of chemical, such as
			 organic solvents or halogenated organic solvents.
(2) The following
			 information may be affixed or attached to the container, but must at a minimum
			 be associated with the container:
(i) The date
			 that the unwanted material first began accumulating in the container, and
(ii) Information sufficient to
			 allow a trained professional to properly identify whether an unwanted material
			 is a solid and hazardous waste and to assign the proper hazardous waste
			 code(s), pursuant to § 262.11. Examples of information that would allow a
			 trained professional to properly identify whether an unwanted material is a
			 solid or hazardous waste include, but are not limited to:
(A) The name and/or description of the
			 chemical contents or composition of the unwanted material, or, if known, the
			 product of the chemical reaction,
(B) Whether the unwanted material has been
			 used or is unused,
(C) A
			 description of the manner in which the chemical was produced or processed, if
			 applicable.
(b) Management of Containers in the
			 Laboratory: An eligible academic entity must properly manage containers of
			 unwanted material in the laboratory to assure safe storage of the unwanted
			 material, to prevent leaks, spills, emissions to the air, adverse chemical
			 reactions, and dangerous situations that may result in harm to human health or
			 the environment. Proper container management must include the following:
(1) Containers are maintained and kept in
			 good condition and damaged containers are replaced, overpacked, or repaired,
			 and
(2) Containers are compatible
			 with their contents to avoid reactions between the contents and the container;
			 and are made of, or lined with, material that is compatible with the unwanted
			 material so that the container's integrity is not impaired, and
(3) Containers must be kept closed at all
			 times, except:
(i) When adding, removing or
			 bulking unwanted material, or
(ii)
			 A working container may be open until the end of the procedure or work shift,
			 or until it is full, whichever comes first, at which time the working container
			 must either be closed or the contents emptied into a separate container that is
			 then closed, or
(iii) When venting
			 of a container is necessary:
(A) For the
			 proper operation of laboratory equipment, such as with in-line collection of
			 unwanted materials from high performance liquid chromatographs, or
(B) To prevent dangerous situations, such as
			 build-up of extreme pressure.
§ 262.207
Training
An eligible academic entity must provide training to all
				individuals working in a laboratory at the eligible academic entity, as
				follows:
(a) Training for laboratory
			 workers and students must be commensurate with their duties so they understand
			 the requirements in this Subsection and can implement them.
(b) An eligible academic entity can provide
			 training for laboratory workers and students in a variety of ways, including,
			 but not limited to:
(1) Instruction by the
			 professor or laboratory manager before or during an experiment; or
(2) Formal classroom training; or
(3) Electronic/written training; or
(4) On-the-job training; or
(5) Written or oral
			 exams.
(c) An eligible
			 academic entity that is a large quantity generator must maintain documentation
			 for the durations specified in § 265.16(e) demonstrating training for all
			 laboratory workers that is sufficient to determine whether laboratory workers
			 have been trained. Examples of documentation demonstrating training can
			 include, but are not limited to, the following:
(1) Sign-in/attendance sheet(s) for training
			 session(s); or
(2) Syllabus for
			 training session; or
(3)
			 Certificate of training completion; or
(4) Test results.
(d) A trained professional must:
(1) Accompany the transfer of unwanted
			 material and hazardous waste when the unwanted material and hazardous waste is
			 removed from the laboratory, and
(2) Make the hazardous waste determination,
			 pursuant to § 262.11(a) through (d) , for unwanted
			 material.
§
			 262.208
Removing containers of unwanted material from the
			 laboratory
(a) Removing containers of
			 unwanted material on a regular schedule. An eligible academic entity must
			 either:
(1) Remove all containers of unwanted
			 material from each laboratory on a regular interval, not to exceed 12 months;
			 or
(2) Remove containers of
			 unwanted material from each laboratory within 12 months of each container's
			 accumulation start date.
(b) The eligible academic entity must specify
			 in Part I of its Laboratory Management Plan whether it will comply with
			 paragraph (a)(1) or (a)(2) of this subsection for the regular removal of
			 unwanted material from its laboratories.
(c) The eligible academic entity must specify
			 in Part II of its Laboratory Management Plan how it will comply with paragraph
			 (a)(1) or (a)(2) of this section and develop a schedule for regular removals of
			 unwanted material from its laboratories.
(d) Removing containers of unwanted material
			 when volumes are exceeded.
(1) If a laboratory
			 accumulates a total volume of unwanted material (including reactive acutely
			 hazardous unwanted material) in excess of 55 gallons before the regularly
			 scheduled removal, the eligible academic entity must ensure that all containers
			 of unwanted material in the laboratory (including reactive acutely hazardous
			 unwanted material):
(i) Are marked on the
			 label that is associated with the container (or on the label that is affixed or
			 attached to the container, if that is preferred) with the date that 55 gallons
			 is exceeded; and
(ii) Are removed
			 from the laboratory within 10 calendar days of the date that 55 gallons was
			 exceeded, or at the next regularly scheduled removal, whichever comes first.
(2) If a laboratory
			 accumulates more than 1 quart of reactive acutely hazardous unwanted material
			 or more than 1 kg (2.2 pounds) of solid reactive acutely hazardous unwanted
			 material before the regularly scheduled removal, then the eligible academic
			 entity must ensure that all containers of reactive acutely hazardous unwanted
			 material:
(i) Are marked on the label that is
			 associated with the container (or on the label that is affixed or attached to
			 the container, if that is preferred) with the date that 1 quart or 1kg is
			 exceeded; and
(ii) Are removed from
			 the laboratory within 10 calendar days of the date that 1 quart or 1kg was
			 exceeded, or at the next regularly scheduled removal, whichever comes first.
§
			 262.209
Where and when to make the hazardous waste
			 determination and where to send containers of unwanted material upon removal
			 from the laboratory
(a) Large quantity
			 generators and small quantity generators-an eligible academic entity must
			 ensure that a trained professional makes a hazardous waste determination,
			 pursuant to § 262.11, for unwanted material in any of the following areas:
(1) In the laboratory before the unwanted
			 material is removed from the laboratory, in accordance with §
			 262.210;
(2) Within 4 calendar days
			 of arriving at an on-site central accumulation area, in accordance with §
			 262.211; and
(3) Within 4 calendar
			 days of arriving at an on-site interim status or permitted treatment, storage
			 or disposal facility, in accordance with § 262.212.
(b) Very small quantity generators-an
			 eligible academic entity must ensure that a trained professional makes a
			 hazardous waste determination, pursuant to § 262.11, for unwanted material
			 in the laboratory before the unwanted material is removed from the laboratory,
			 in accordance with § 262.210.
§ 262.210
Making the hazardous
			 waste determination in the laboratory before the unwanted material is removed
			 from the laboratory
If an eligible academic entity makes the hazardous waste
				determination, pursuant to § 262.11(a) through (d), for unwanted material
				in the laboratory, it must comply with the following:
(a) A trained professional must make the
			 hazardous waste determination, pursuant to § 262.11 (a through (d), before
			 the unwanted material is removed from the laboratory.
(b) If an unwanted material is a hazardous
			 waste, the eligible academic entity must:
(1)
			 Write the words "hazardous waste" on the container label that is affixed or
			 attached to the container, before the hazardous waste may be removed from the
			 laboratory; and
(2) Write the
			 appropriate hazardous waste code(s) on the label that is associated with the
			 container (or on the label that is affixed or attached to the container, if
			 that is preferred) before the hazardous waste is transported
			 off-site.
(3) Count the hazardous
			 waste toward the eligible academic entity's generator category, pursuant to
			 § 262.13, in the calendar month that the hazardous waste determination was
			 made.
(c) A trained
			 professional must accompany all hazardous waste that is transferred from the
			 laboratory(ies) to an on-site central accumulation area or on-site interim
			 status or permitted treatment, storage or disposal facility.
(d) When hazardous waste is removed from the
			 laboratory:
(1) Large quantity generators and
			 small quantity generators must ensure it is taken directly from the
			 laboratory(ies) to an on-site central accumulation area, or on-site interim
			 status or permitted treatment, storage or disposal facility, or transported
			 off-site.
(2) Very small quantity
			 generators must ensure it is taken directly from the laboratory(ies) to any of
			 the types of facilities listed in §262.14.
(e) An unwanted material that is a hazardous
			 waste is subject to all applicable hazardous waste rules when it is removed
			 from the laboratory.
§
			 262.211
Making the hazardous waste determination at an
			 on-site central accumulation area
If an eligible academic entity makes the hazardous waste
				determination, pursuant to § 262.11, for unwanted material at an on-site
				central accumulation area, it must comply with the following:
(a) A trained professional must accompany all
			 unwanted material that is transferred from the laboratory(ies) to an on-site
			 central accumulation area.
(b) All
			 unwanted material removed from the laboratory(ies) must be taken directly from
			 the laboratory(ies) to the on-site central accumulation area.
(c) The unwanted material becomes subject to
			 the generator accumulation rules of §262.16 for small quantity generators
			 or §262.17 for large quantity generators as soon as it arrives in the
			 central accumulation area, except for the "hazardous waste" labeling conditions
			 of §262.16(b)(6) and §262.17(a)(5).
(d) A trained professional must determine,
			 pursuant to § 262.11(a) through (d), if the unwanted material is a
			 hazardous waste within 4 calendar days of the unwanted materials' arrival at
			 the on-site central accumulation area.
(e) If the unwanted material is a hazardous
			 waste, the eligible academic entity must:
(1)
			 Write the words "hazardous waste" on the container label that is affixed or
			 attached to the container, within 4 calendar days of arriving at the on-site
			 central accumulation area and before the hazardous waste may be removed from
			 the on-site central accumulation area, and
(2) Write the appropriate hazardous waste
			 code(s) on the container label that is associated with the container (or on the
			 label that is affixed or attached to the container, if that is preferred)
			 before the hazardous waste may be treated or disposed of on-site or transported
			 off-site, and
(3) Count the
			 hazardous waste toward the eligible academic entity's generator category,
			 pursuant to § 262.13 in the calendar month that the hazardous waste
			 determination was made, and
(4)
			 Manage the hazardous waste according to all applicable hazardous waste
			 rules.
§
			 262.212
Making the hazardous waste determination at an
			 on-site interim status or permitted treatment, storage or disposal
			 facility
If an eligible academic entity makes the hazardous waste
				determination, pursuant to § 262.11, for unwanted material at an on-site
				interim status or permitted treatment, storage or disposal facility, it must
				comply with the following:
(a) A
			 trained professional must accompany all unwanted material that is transferred
			 from the laboratory(ies) to an on-site interim status or permitted treatment,
			 storage or disposal facility.
(b)
			 All unwanted material removed from the laboratory(ies) must be taken directly
			 from the laboratory(ies) to the on-site interim status or permitted treatment,
			 storage or disposal facility.
(c)
			 The unwanted material becomes subject to the terms of the eligible academic
			 entity's hazardous waste permit or interim status as soon as it arrives in the
			 on-site treatment, storage or disposal facility.
(d) A trained professional must determine,
			 pursuant to § 262.11(a) through (d), if the unwanted material is a
			 hazardous waste within 4 calendar days of the unwanted materials' arrival at an
			 on-site interim status or permitted treatment, storage or disposal
			 facility.
(e) If the unwanted
			 material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the
			 container label that is affixed or attached to the container within 4 calendar
			 days of arriving at the on-site interim status or permitted treatment, storage
			 disposal facility and before the hazardous waste may be removed from the
			 on-site interim status or permitted treatment, storage or disposal facility,
			 and
(2) Write the appropriate
			 hazardous waste code(s) on the container label that is associated with the
			 container (or on the label that is affixed or attached to the container, if
			 that is preferred) before the hazardous waste may be treated or disposed
			 on-site or transported off-site, and
(3) Count the hazardous waste toward the
			 eligible academic entity's generator status, pursuant to § 261.5(c) and
			 (d) in the calendar month that the hazardous waste determination was made,
			 and
(4) Manage the hazardous waste
			 according to all applicable hazardous waste rules.
§ 262.213
Laboratory
			 clean-outs
(a) One time per 12 month
			 period for each laboratory, an eligible academic entity may opt to conduct a
			 laboratory clean-out that is subject to all the applicable requirements of this
			 subpart, except that:
(1) If the volume of
			 unwanted material in the laboratory exceeds 55 gallons (or 1 quart of liquid
			 reactive acutely hazardous unwanted material or 1kg of solid reactive acutely
			 hazardous unwanted material), the eligible academic entity is not required to
			 remove all unwanted materials from the laboratory within 10 calendar days of
			 exceeding 55 gallons (or 1 quart of liquid reactive acutely hazardous unwanted
			 material or 1kg of solid reactive acutely hazardous unwanted material), as
			 required by § 262.208. Instead, the eligible academic entity must remove
			 all unwanted materials from the laboratory within 30 calendar days from the
			 start of the laboratory clean-out; and
(2) For the purposes of on-site accumulation,
			 an eligible academic entity is not required to count a hazardous waste that is
			 an unused commercial chemical product (listed in Section 261, Subsection D of
			 this rule or exhibiting one or more characteristics in Section 261, Subsection
			 C of this rule) generated solely during the laboratory clean-out toward its
			 hazardous waste generator status, pursuant to §262.13. An unwanted
			 material that is generated prior to the beginning of the laboratory clean-out
			 and is still in the laboratory at the time the laboratory clean-out commences
			 must be counted toward hazardous waste generator status, pursuant to
			 §262.13, if it is determined to be hazardous waste; and
(3) For the purposes of off-site management,
			 an eligible academic entity must count all its hazardous waste, regardless of
			 whether the hazardous waste was counted toward generator status under paragraph
			 (a)(2) of this section, and if it generates more than 1 kg/month of acute
			 hazardous waste or more than 100 kg/month of hazardous waste (i.e., the very
			 small quantity generator limits as defined in §260.10 of this rule), the
			 hazardous waste is subject to all applicable hazardous waste rules when it is
			 transported off-site; and
(4) An
			 eligible academic entity must document the activities of the laboratory
			 clean-out. The documentation must, at a minimum, identify the laboratory being
			 cleaned out, the date the laboratory clean-out begins and ends, and the volume
			 of hazardous waste generated during the laboratory clean-out. The eligible
			 academic entity must maintain the records for a period of three years from the
			 date the clean-out ends; and
(b) For all other laboratory clean-outs
			 conducted during the same 12-month period, an eligible academic entity is
			 subject to all the applicable requirements of this subpart, including, but not
			 limited to:
(1) The requirement to remove all
			 unwanted materials from the laboratory within 10 calendar days of exceeding 55
			 gallons (or 1 quart of reactive acutely hazardous unwanted material), as
			 required by § 262.208; and
(2)
			 The requirement to count all hazardous waste, including unused hazardous waste,
			 generated during the laboratory clean-out toward its hazardous waste generator
			 category, pursuant to §262.13.
§ 262.214
Laboratory management
			 plan
An eligible academic entity must develop and retain a written
				Laboratory Management Plan, or revise an existing written plan. The Laboratory
				Management Plan is a site-specific document that describes how the eligible
				academic entity will manage unwanted materials in compliance with this subpart.
				An eligible academic entity may write one Laboratory Management Plan for all
				the laboratories owned by the eligible academic entity that have opted into
				this subpart, even if the laboratories are located at sites with different EPA
				Identification Numbers. The Laboratory Management Plan must contain two parts
				with a total of nine elements identified in paragraphs (a) and (b) of this
				section. In Part I of its Laboratory Management Plan, an eligible academic
				entity must describe its procedures for each of the elements listed in
				paragraph (a) of this section. An eligible academic entity must implement and
				comply with the specific provisions that it develops to address the elements in
				Part I of the Laboratory Management Plan. In Part II of its Laboratory
				Management Plan, an eligible academic entity must describe its best management
				practices for each of the elements listed in paragraph (b) of this section. The
				specific actions taken by an eligible academic entity to implement each element
				in Part II of its Laboratory Management Plan may vary from the procedures
				described in the eligible academic entity's Laboratory Management Plan, without
				constituting a violation of this subpart. An eligible academic entity may
				include additional elements and best management practices in Part II of its
				Laboratory Management Plan if it chooses.
(a) The eligible academic entity must
			 implement and comply with the specific provisions of Part I of its Laboratory
			 Management Plan. In Part I of its Laboratory Management Plan, an eligible
			 academic entity must:
(1) Describe procedures
			 for container labeling in accordance with §262.206(a), including:
(i) Identifying whether the eligible academic
			 entity will use the term "unwanted material" on the containers in the
			 laboratory. If not, identify an equally effective term that will be used in
			 lieu of "unwanted material" and consistently by the eligible academic entity.
			 The equally effective term, if used, has the same meaning and is subject to the
			 same requirements as "unwanted material."
(ii) Identifying the manner in which
			 information that is "associated with the container" will be imparted.
(2) Identify whether the
			 eligible academic entity will comply with §262.208(a)(1) or (a)(2) for
			 regularly scheduled removals of unwanted material from the
			 laboratory.
(b) In Part
			 II of its Laboratory Management Plan, an eligible academic entity must:
(1) Describe its intended best practices for
			 container labeling and management, (see the required standards at
			 §262.206).
(2) Describe its
			 intended best practices for providing training for laboratory workers and
			 students commensurate with their duties (see the required standards at
			 §262.207(a)).
(3) Describe its
			 intended best practices for providing training to ensure safe on-site transfers
			 of unwanted material and hazardous waste by trained professionals (see the
			 required standards at §262.207(d)(1)).
(4) Describe its intended best practices for
			 removing unwanted material from the laboratory, including:
(i) For regularly scheduled removals-Develop
			 a regular schedule for identifying and removing unwanted materials from its
			 laboratories (see the required standards at §262.208(a)(1) and
			 (a)(2)).
(ii) For removals when
			 maximum volumes are exceeded:
(A) Describe its
			 intended best practices for removing unwanted materials from the laboratory
			 within 10 calendar days when unwanted materials have exceeded their maximum
			 volumes (see the required standards at §262.208(d)).
(B) Describe its intended best practices for
			 communicating that unwanted materials have exceeded their maximum volumes.
(5) Describe
			 its intended best practices for making hazardous waste determinations,
			 including specifying the duties of the individuals involved in the process (see
			 the required standards at §262.11(a) through (d) and §§262.209
			 through 262.212).
(6) Describe its
			 intended best practices for laboratory clean-outs, if the eligible academic
			 entity plans to use the incentives for laboratory clean-outs provided in
			 §262.213, including:
(i) Procedures for
			 conducting laboratory clean-outs (see the required standards at
			 §262.213(a)(1) through (3)); and
(ii) Procedures for documenting laboratory
			 clean-outs (see the required standards at §262.213(a)(4)).
(7) Describe its
			 intended best practices for emergency prevention, including:
(i) Procedures for emergency prevention,
			 notification, and response, appropriate to the hazards in the laboratory;
			 and
(ii) A list of chemicals that
			 the eligible academic entity has, or is likely to have, that become more
			 dangerous when they exceed their expiration date and/or as they degrade;
			 and
(iii) Procedures to safely
			 dispose of chemicals that become more dangerous when they exceed their
			 expiration date and/or as they degrade; and
(iv) Procedures for the timely
			 characterization of unknown chemicals.
(c) An eligible academic entity must make its
			 Laboratory Management Plan available to laboratory workers, students, or any
			 others at the eligible academic entity who request it.
(d) An eligible academic entity must review
			 and revise its Laboratory Management Plan, as needed.
§ 262.215
Unwanted material that
			 is not solid or hazardous waste
(a) If
			 an unwanted material does not meet the definition of solid waste in §
			 261.2, it is no longer subject to this Subsection or to the RCRA hazardous
			 waste rules.
(b) If an unwanted
			 material does not meet the definition of hazardous waste in § 261.3, it is
			 no longer subject to this Subsection or to the RCRA hazardous waste rules, but
			 must be managed in compliance with any other applicable rules and/or
			 conditions.
§
			 262.216
Non-laboratory hazardous waste generated at an
			 eligible academic entity
An eligible academic entity that generates hazardous waste
				outside of a laboratory is not eligible to manage that hazardous waste under
				this subpart; and
(a) Remains subject
			 to the generator requirements of §§ 262.11 and 262.15 for large
			 quantity generators and small quantity generators (if the hazardous waste is
			 managed in a satellite accumulation area), and all other applicable generator
			 requirements of Section 262 of this rule, with respect to that hazardous waste;
			 or
(b) Remains subject to the
			 conditional exemption of §262.14 for very small quantity generators, with
			 respect to that hazardous waste.
Subsection L
- Alternative Standards
			 for Episodic Generation
§262.230
Applicability
This subsection is applicable to very small quantity generators
				and small quantity generators as defined in §260.10 of this rule.
§262.231
Definitions
			 for this subsection
"Episodic event"
means an activity or activities,
				either planned or unplanned, that does not normally occur during generator
				operations, resulting in an increase in the generation of hazardous wastes that
				exceeds the calendar month quantity limits for the generator's usual
				category.
"Planned episodic event"
means an episodic event
				that the generator planned and prepared for, including regular maintenance,
				tank cleanouts, short-term projects, and removal of excess chemical
				inventory
"Unplanned episodic event"
means an episodic event
				that the generator did not plan or reasonably did not expect to occur,
				including production process upsets, product recalls, accidental spills, or
				"acts of nature," such as tornado, hurricane, or flood.
§262.232
Conditions for a
			 generator managing hazardous waste from an episodic event
(a) Very small quantity generator. A very
			 small quantity generator may maintain its existing generator category for
			 hazardous waste generated during an episodic event provided that the generator
			 complies with the following conditions:
(1)
			 The very small quantity generator is limited to one episodic event per calendar
			 year, unless a petition is granted under §262.233;
(2) Notification. The very small quantity
			 generator must notify the Director no later than thirty (30) calendar days
			 prior to initiating a planned episodic event using EPA Form 8700-12. In the
			 event of an unplanned episodic event, the generator must notify the Director
			 within 72 hours of the unplanned event via phone, email, or fax and
			 subsequently submit EPA Form 8700-12. The generator shall include the start
			 date and end date of the episodic event, the reason(s) for the event, types and
			 estimated quantities of hazardous waste expected to be generated as a result of
			 the episodic event, and shall identify a facility contact and emergency
			 coordinator with 24-hour telephone access to discuss the notification submittal
			 or respond to an emergency in compliance with §262.16(b)(9)(i);
(3) EPA ID Number. The very small quantity
			 generator must have an EPA identification number or obtain an EPA
			 identification number using EPA Form 8700-12;
(4) Accumulation. A very small quantity
			 generator is prohibited from accumulating hazardous waste generated from an
			 episodic event on drip pads and in containment buildings. When accumulating
			 hazardous waste in containers and tanks the following conditions apply:
(i) Containers. A very small quantity
			 generator accumulating in containers must mark or label its containers with the
			 following:
(A) The words "Episodic Hazardous
			 Waste";
(B) An indication of the
			 hazards of the contents (examples include, but are not limited to, the
			 applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive,
			 reactive, toxic); hazard communication consistent with the Department of
			 Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart
			 F (placarding); a hazard statement or pictogram consistent with the
			 Occupational Safety and Health Administration Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704);
			 and
(C) The date upon which the
			 episodic event began, clearly visible for inspection on each
			 container.
(ii) Tanks. A
			 very small quantity generator accumulating episodic hazardous waste in tanks
			 must do the following:
(A) Mark or label the
			 tank with the words "Episodic Hazardous Waste";
(B) Mark or label its tanks with an
			 indication of the hazards of the contents (examples include, but are not
			 limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable,
			 corrosive, reactive, toxic); hazard communication consistent with the
			 Department of Transportation requirements at 49 CFR part 172 subpart E
			 (labeling) or subpart F (placarding); a hazard statement or pictogram
			 consistent with the Occupational Safety and Health Administration Hazard
			 Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment
			 or other records to identify the date upon which each episodic event begins;
			 and
(D) Keep inventory logs or
			 records with the above information on site and readily available for
			 inspection.
(iii)
			 Hazardous waste must be managed in a manner that minimizes the possibility of a
			 fire, explosion, or release of hazardous waste or hazardous waste constituents
			 to the air, soil, or water;
(A) Containers
			 must be in good condition and compatible with the hazardous waste being
			 accumulated therein. Containers must be kept closed except to add or remove
			 waste; and.
(B) Tanks must be in
			 good condition and compatible with the hazardous waste accumulated therein.
			 Tanks must have procedures in place to prevent the overflow (e.g., be equipped
			 with a means to stop inflow with systems such as a waste feed cutoff system or
			 bypass system to a standby tank when hazardous waste is continuously fed into
			 the tank). Tanks must be inspected at least once each operating day to ensure
			 all applicable discharge control equipment, such as waste feed cutoff systems,
			 bypass systems, and drainage systems are in good working order and to ensure
			 the tank is operated according to its design by reviewing the data gathered
			 from monitoring equipment such as pressure and temperature gauges from the
			 inspection.
(5) The very small quantity generator must
			 comply with the hazardous waste manifest provisions of subsection B of this
			 section when it sends its episodic event hazardous waste off site to a
			 designated facility, as defined in §260.10 of this chapter.
(6) The very small quantity generator has up
			 to sixty (60) calendar days from the start of the episodic event to manifest
			 and send its hazardous waste generated from the episodic event to a designated
			 facility, as defined in §260.10 of this chapter.
(7) Very small quantity generators must
			 maintain the following records for three (3) years from the end date of the
			 episodic event:
(i) Beginning and end dates of
			 the episodic event; (ii) A description of the episodic event;
(iii) A description of the types and
			 quantities of hazardous wastes generated during the event;
(iv) A description of how the hazardous waste
			 was managed as well as the name of the RCRA-designated facility that received
			 the hazardous waste;
(v) Name(s) of
			 hazardous waste transporters; and
(vi) An approval letter from the Director if
			 the generator petitioned to conduct one additional episodic event per calendar
			 year.
(b)
			 Small quantity generators. A small quantity generator may maintain its existing
			 generator category during an episodic event provided that the generator
			 complies with the following conditions:
(1)
			 The small quantity generator is limited to one episodic event per calendar year
			 unless a petition is granted under §262.233;
(2) Notification. The small quantity
			 generator must notify the Director no later than thirty (30) calendar days
			 prior to initiating a planned episodic event using EPA Form 8700-12. In the
			 event of an unplanned episodic event, the small quantity generator must notify
			 the Director within 72 hours of the unplanned event via phone, email, or fax,
			 and subsequently submit EPA Form 8700-12. The small quantity generator shall
			 include the start date and end date of the episodic event and the reason(s) for
			 the event, types and estimated quantities of hazardous wastes expected to be
			 generated as a result of the episodic event, and identify a facility contact
			 and emergency coordinator with 24-hour telephone access to discuss the
			 notification submittal or respond to emergency;
(3) EPA ID Number. The small quantity
			 generator must have an EPA identification number or obtain an EPA
			 identification number using EPA Form 8700-12; and
(4) Accumulation by small quantity
			 generators. A small quantity generator is prohibited from accumulating
			 hazardous wastes generated from an episodic event waste on drip pads and in
			 containment buildings. When accumulating hazardous waste generated from an
			 episodic event in containers and tanks, the following conditions apply:
(i) Containers. A small quantity generator
			 accumulating episodic hazardous waste in containers must meet the standards at
			 §262.16(b)(2) of this chapter and must mark or label its containers with
			 the following:
(A) The words "Episodic
			 Hazardous Waste";
(B) An indication
			 of the hazards of the contents (examples include, but are not limited to, the
			 applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive,
			 reactive, toxic); hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E
				(labeling) or subpart F (placarding); a hazard statement or pictogram
				consistent with the Occupational Safety and Health Administration Hazard
				Communication Standard at
				29 CFR
				1910.1200; or a chemical hazard label
				consistent with the National Fire Protection Association code 704); and
(C) The date upon which the
			 episodic event began, clearly visible for inspection on each container.
(ii) Tanks. A small
			 quantity generator accumulating episodic hazardous waste in tanks must meet the
			 standards at §262.16(b)(3) and must do the following:
(A) Mark or label its tank with the words
			 "Episodic Hazardous Waste";
(B)
			 Mark or label its tanks with an indication of the hazards of the contents
			 (examples include, but are not limited to, the applicable hazardous waste
			 characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
			 communication consistent with the Department of Transportation requirements at
			 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
			 statement or pictogram consistent with the Occupational Safety and Health
			 Administration Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment
			 or other records to identify the date upon which each period of accumulation
			 begins and ends; and
(D) Keep
			 inventory logs or records with the above information on site and available for
			 inspection.
(5)
			 The small quantity generator must treat hazardous waste generated from an
			 episodic event on site or manifest and ship such hazardous waste off site to a
			 designated facility (as defined by §260.10 of this chapter) within sixty
			 (60) calendar days from the start of the episodic event.
(6) The small quantity generator must
			 maintain the following records for three (3) years from the end date of the
			 episodic event:
(i) Beginning and end dates
			 of the episodic event;
(ii) A
			 description of the episodic event;
(iii) A description of the types and
			 quantities of hazardous wastes generated during the event;
(iv) A description of how the hazardous waste
			 was managed as well as the name of the designated facility (as defined by
			 §260.10 of this chapter) that received the hazardous waste;
(v) Name(s) of hazardous waste transporters;
			 and
(vi) An approval letter from
			 the Director if the generator petitioned to conduct one additional episodic
			 event per calendar year.
§262.233
Petition to manage one
			 additional episodic event per calendar year
(a) A generator may petition the Director for
			 a second episodic event in a calendar year without impacting its generator
			 category under the following conditions:
(1)
			 If a very small quantity generator or small quantity generator has already held
			 a planned episodic event in a calendar year, the generator may petition the
			 Director for an additional unplanned episodic event in that calendar year
			 within 72 hours of the unplanned event.
(2) If a very small quantity generator or
			 small quantity generator has already held an unplanned episodic event in a
			 calendar year, the generator may petition the Director for an additional
			 planned episodic event in that calendar year.
(b) The petition must include the following:
(1) The reason(s) why an additional episodic
			 event is needed and the nature of the episodic event;
(2) The estimated amount of hazardous waste
			 to be managed from the event;
(3)
			 How the hazardous waste is to be managed;
(4) The estimated length of time needed to
			 complete management of the hazardous waste generated from the episodic
			 event-not to exceed sixty (60) days; and
(5) Information regarding the previous
			 episodic event managed by the generator, including the nature of the event,
			 whether it was a planned or unplanned event, and how the generator complied
			 with the conditions.
(c)
			 The petition must be made to the Director in writing, either on paper or
			 electronically.
(d) The generator
			 must retain written approval in its records for three (3) years from the date
			 the episodic event ended.
Subsection M
-Preparedness, Prevention,
			 and Emergency Procedures for Large Quantity Generators
§262.250
Applicability
The rules of this subsection apply to those areas of a large
				quantity generator where hazardous waste is generated or accumulated on
				site.
§262.251
Maintenance and operation of facility
A large quantity generator must maintain and operate its
				facility to minimize the possibility of a fire, explosion, or any unplanned
				sudden or non-sudden release of hazardous waste or hazardous waste constituents
				to air, soil, or surface water which could threaten human health or the
				environment.
§262.252
Required equipment
All areas deemed applicable by §262.250 must be equipped
				with the items in paragraphs (a) through (d) of this section (unless none of
				the hazards posed by waste handled at the facility could require a particular
				kind of equipment specified below or the actual hazardous waste generation or
				accumulation area does not lend itself for safety reasons to have a particular
				kind of equipment specified below). A large quantity generator may determine
				the most appropriate locations within its facility to locate equipment
				necessary to prepare for and respond to emergencies:
(a) An internal communications or alarm
			 system capable of providing immediate emergency instruction (voice or signal)
			 to facility personnel;
(b) A
			 device, such as a telephone (immediately available at the scene of operations)
			 or a handheld two-way radio, capable of summoning emergency assistance from
			 local police departments, fire departments, or state or local emergency
			 response teams;
(c) Portable fire
			 extinguishers, fire control equipment (including special extinguishing
			 equipment, such as that using foam, inert gas, or dry chemicals), spill control
			 equipment, and decontamination equipment; and
(d) Water at adequate volume and pressure to
			 supply water hose streams, or foam producing equipment, or automatic
			 sprinklers, or water spray systems.
§262.253
Testing and maintenance
			 of equipment
All communications or alarm systems, fire protection equipment,
				spill control equipment, and decontamination equipment, where required, must be
				tested and maintained as necessary to assure its proper operation in time of
				emergency.
§262.254
Access to communications or alarm system
(a) Whenever hazardous waste is being poured,
			 mixed, spread, or otherwise handled, all personnel involved in the operation
			 must have immediate access (
e.g.,
direct or unimpeded access)
			 to an internal alarm or emergency communication device, either directly or
			 through visual or voice contact with another employee,
unless
such a device is not required under §262.252.
(b) In the event there is just one employee
			 on the premises while the facility is operating, the employee must have
			 immediate access (
e.g.,
direct or unimpeded access) to a
			 device, such as a telephone (immediately available at the scene of operation)
			 or a hand-held two-way radio, capable of summoning external emergency
			 assistance,
unless
such a device is not required under
			 §262.252.
§262.255
Required aisle
			 space
The large quantity generator must maintain aisle space to allow
				the unobstructed movement of personnel, fire protection equipment, spill
				control equipment, and decontamination equipment to any area of facility
				operation in an emergency, unless aisle space is not needed for any of these
				purposes.
§262.256
Arrangements with local authorities
(a) The large quantity generator must attempt
			 to make arrangements with the local police department, fire department, other
			 emergency response teams, emergency response contractors, equipment suppliers,
			 and local hospitals, taking into account the types and quantities of hazardous
			 wastes handled at the facility. Arrangements may be made with the Local
			 Emergency Planning Committee, if it is determined to be the appropriate
			 organization with which to make arrangements.
(1) A large quantity generator attempting to
			 make arrangements with its local fire department must determine the potential
			 need for the services of the local police department, other emergency response
			 teams, emergency response contractors, equipment suppliers and local
			 hospitals.
(2) As part of this
			 coordination, the large quantity generator shall attempt to make arrangements,
			 as necessary, to familiarize the above organizations with the layout of the
			 facility, the properties of the hazardous waste handled at the facility and
			 associated hazards, places where personnel would normally be working, entrances
			 to roads inside the facility, and possible evacuation routes as well as the
			 types of injuries or illnesses which could result from fires, explosions, or
			 releases at the facility.
(3) Where
			 more than one police or fire department might respond to an emergency, the
			 large quantity generator shall attempt to make arrangements designating primary
			 emergency authority to a specific fire or police department, and arrangements
			 with any others to provide support to the primary emergency
			 authority.
(b) The large
			 quantity generator shall maintain records documenting the arrangements with the
			 local fire department as well as any other organization necessary to respond to
			 an emergency. This documentation must include documentation in the operating
			 record that either confirms such arrangements actively exist or, in cases where
			 no arrangements exist, confirms that attempts to make such arrangements were
			 made.
(c) A facility possessing
			 24-hour response capabilities may seek a waiver from the authority having
			 jurisdiction (AHJ) over the fire code within the facility's state or locality
			 as far as needing to make arrangements with the local fire department as well
			 as any other organization necessary to respond to an emergency, provided that
			 the waiver is documented in the operating record.
§262.260
Purpose and
			 implementation of contingency plan
(a)
			 A large quantity generator must have a contingency plan for the facility. The
			 contingency plan must be designed to minimize hazards to human health or the
			 environment from fires, explosions, or any unplanned sudden or non-sudden
			 release of hazardous waste or hazardous waste constituents to air, soil, or
			 surface water.
(b) The provisions
			 of the plan must be carried out immediately whenever there is a fire,
			 explosion, or release of hazardous waste or hazardous waste constituents which
			 could threaten human health or the environment.
§262.261
Content of contingency
			 plan
(a) The contingency plan must
			 describe the actions facility personnel must take to comply with
			 §§262.260 and 262.265 in response to fires, explosions, or any
			 unplanned sudden or non-sudden release of hazardous waste or hazardous waste
			 constituents to air, soil, or surface water at the facility.
(b) If the generator has already prepared a
			 Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with
			 part 112 of this chapter, or some other emergency or contingency plan, it need
			 only amend that plan to incorporate hazardous waste management provisions that
			 are sufficient to comply with the standards of this part. The generator may
			 develop one contingency plan that meets all regulatory standards. EPA
			 recommends that the plan be based on the National Response Team's Integrated
			 Contingency Plan Guidance ("One Plan").
(c) The plan must describe arrangements
			 agreed to with the local police department, fire department, other emergency
			 response teams, emergency response contractors, equipment suppliers, local
			 hospitals or, if applicable, the Local Emergency Planning Committee, pursuant
			 to §262.256.
(d) The plan must
			 list names and emergency telephone numbers of all persons qualified to act as
			 emergency coordinator (see §262.264), and this list must be kept up to
			 date. Where more than one person is listed, one must be named as primary
			 emergency coordinator and others must be listed in the order in which they will
			 assume responsibility as alternates. In situations where the generator facility
			 has an emergency coordinator continuously on duty because it operates 24 hours
			 per day, every day of the year, the plan may list the staffed position
			 (
e.g.,
operations manager, shift coordinator, shift
			 operations supervisor) as well as an emergency telephone number that can be
			 guaranteed to be answered at all times.
(e) The plan must include a list of all
			 emergency equipment at the facility (such as fire extinguishing systems, spill
			 control equipment, communications and alarm systems (internal and external),
			 and decontamination equipment), where this equipment is required. This list
			 must be kept up to date. In addition, the plan must include the location and a
			 physical description of each item on the list, and a brief outline of its
			 capabilities.
(f) The plan must
			 include an evacuation plan for generator personnel where there is a possibility
			 that evacuation could be necessary. This plan must describe signal(s) to be
			 used to begin evacuation, evacuation routes, and alternate evacuation routes
			 (in cases where the primary routes could be blocked by releases of hazardous
			 waste or fires).
§262.262
Copies of contingency
			 plan
A copy of the contingency plan and all revisions to the plan
				must be maintained at the large quantity generator and-
(a) The large quantity generator must submit
			 a copy of the contingency plan and all revisions to all local emergency
			 responders (
i.e.,
police departments, fire departments,
			 hospitals and State and local emergency response teams that may be called upon
			 to provide emergency services). This document may also be submitted to the
			 Local Emergency Planning Committee, as appropriate.
(b) A large quantity generator that first
			 becomes subject to these provisions after May 30, 2017 or a large quantity
			 generator that is otherwise amending its contingency plan must at that time
			 submit a quick reference guide of the contingency plan to the local emergency
			 responders identified at paragraph (a) of this section or, as appropriate, the
			 Local Emergency Planning Committee. The quick reference guide must include the
			 following elements:
(1) The types/names of
			 hazardous wastes in layman's terms and the associated hazard associated with
			 each hazardous waste present at any one time (
e.g.,
toxic
			 paint wastes, spent ignitable solvent, corrosive acid);
(2) The estimated maximum amount of each
			 hazardous waste that may be present at any one time;
(3) The identification of any hazardous
			 wastes where exposure would require unique or special treatment by medical or
			 hospital staff;
(4) A map of the
			 facility showing where hazardous wastes are generated, accumulated and treated
			 and routes for accessing these wastes;
(5) A street map of the facility in relation
			 to surrounding businesses, schools and residential areas to understand how best
			 to get to the facility and also evacuate citizens and workers;
(6) The locations of water supply
			 (
e.g.,
fire hydrant and its flow rate);
(7) The identification of on-site
			 notification systems (
e.g.,
a fire alarm that rings off site,
			 smoke alarms); and
(8) The name of
			 the emergency coordinator(s) and 7/24-hour emergency telephone number(s) or, in
			 the case of a facility where an emergency coordinator is continuously on duty,
			 the emergency telephone number for the emergency
			 coordinator.
(c)
			 Generators must update, if necessary, their quick reference guides, whenever
			 the contingency plan is amended and submit these documents to the local
			 emergency responders identified at paragraph (a) of this section or, as
			 appropriate, the Local Emergency Planning Committee.
§262.263
Amendment of contingency
			 plan
The contingency plan must be reviewed, and immediately amended,
				if necessary, whenever:
(a) Applicable
			 rules are revised;
(b) The plan
			 fails in an emergency;
(c) The
			 generator facility changes-in its design, construction, operation, maintenance,
			 or other circumstances-in a way that materially increases the potential for
			 fires, explosions, or releases of hazardous waste or hazardous waste
			 constituents, or changes the response necessary in an emergency;
(d) The list of emergency coordinators
			 changes; or
(e) The list of
			 emergency equipment changes.
§262.264
Emergency
			 coordinator
At all times, there must be at least one employee either on the
				generator's premises or on call (
i.e.,
available to respond
				to an emergency by reaching the facility within a short period of time) with
				the responsibility for coordinating all emergency response measures and
				implementing the necessary emergency procedures outlined in §262.265.
				Although responsibilities may vary depending on factors such as type and
				variety of hazardous waste(s) handled by the facility, as well as type and
				complexity of the facility, this emergency coordinator must be thoroughly
				familiar with all aspects of the generator's contingency plan, all operations
				and activities at the facility, the location and characteristics of hazardous
				waste handled, the location of all records within the facility, and the
				facility's layout. In addition, this person must have the authority to commit
				the resources needed to carry out the contingency plan.
§262.265
Emergency
			 procedures
(a) Whenever there is an
			 imminent or actual emergency situation, the emergency coordinator (or his
			 designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or
			 communication systems, where applicable, to notify all facility personnel;
			 and
(2) Notify appropriate state or
			 local agencies with designated response roles if their help is
			 needed.
(b) Whenever
			 there is a release, fire, or explosion, the emergency coordinator must
			 immediately identify the character, exact source, amount, and areal extent of
			 any released materials. The emergency coordinator may do this by observation or
			 review of the facility records or manifests and, if necessary, by chemical
			 analysis.
(c) Concurrently, the
			 emergency coordinator must assess possible hazards to human health or the
			 environment that may result from the release, fire, or explosion. This
			 assessment must consider both direct and indirect effects of the release, fire,
			 or explosion (
e.g.,
the effects of any toxic, irritating, or
			 asphyxiating gases that are generated, or the effects of any hazardous surface
			 water run-offs from water or chemical agents used to control fire and
			 heat-induced explosions).
(d) If
			 the emergency coordinator determines that the facility has had a release, fire,
			 or explosion which could threaten human health, or the environment, outside the
			 facility, the emergency coordinator must report the findings as follows:
(1) If the assessment indicates that
			 evacuation of local areas may be advisable, the emergency coordinator must
			 immediately notify appropriate local authorities. The emergency coordinator
			 must be available to help appropriate officials decide whether local areas
			 should be evacuated; and
(2) The
			 emergency coordinator must immediately notify either the government official
			 designated as the on-scene coordinator for that geographical area, or the
			 National Response Center (using their 24-hour toll free number 800/424-8802).
			 The report must include:
(i) Name and
			 telephone number of reporter;
(ii)
			 Name and address of the generator;
(iii) Time and type of incident
			 (
e.g.,
release, fire);
(iv) Name and quantity of material(s)
			 involved, to the extent known;
(v)
			 The extent of injuries, if any; and
(vi) The possible hazards to human health, or
			 the environment, outside the facility.
(e) During an emergency, the emergency
			 coordinator must take all reasonable measures necessary to ensure that fires,
			 explosions, and releases do not occur, recur, or spread to other hazardous
			 waste at the generator's facility. These measures must include, where
			 applicable, stopping processes and operations, collecting and containing
			 released hazardous waste, and removing or isolating containers.
(f) If the generator stops operations in
			 response to a fire, explosion or release, the emergency coordinator must
			 monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
			 pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the
			 emergency coordinator must provide for treating, storing, or disposing of
			 recovered waste, contaminated soil or surface water, or any other material that
			 results from a release, fire, or explosion at the facility. Unless the
			 generator can demonstrate, in accordance with §261.3(c) or (d) of this
			 chapter, that the recovered material is not a hazardous waste, then it is a
			 newly generated hazardous waste that must be managed in accordance with all the
			 applicable requirements and conditions for exemption in parts 262, 263, and 265
			 of this chapter.
(h) The emergency
			 coordinator must ensure that, in the affected area(s) of the facility:
(1) No hazardous waste that may be
			 incompatible with the released material is treated, stored, or disposed of
			 until cleanup procedures are completed; and
(2) All emergency equipment listed in the
			 contingency plan is cleaned and fit for its intended use before operations are
			 resumed.
(i) The
			 generator must note in the operating record the time, date, and details of any
			 incident that requires implementing the contingency plan. Within 15 days after
			 the incident, the generator must submit a written report on the incident to the
			 Director. The report must include:
(1) Name,
			 address, and telephone number of the generator;
(2) Date, time, and type of incident
			 (
e.g.,
fire, explosion);
(3) Name and quantity of material(s)
			 involved;
(4) The extent of
			 injuries, if any;
(5) An assessment
			 of actual or potential hazards to human health or the environment, where this
			 is applicable; and
(6) Estimated
			 quantity and disposition of recovered material that resulted from the incident.
Appendix I Section 262
				[Reserved]
Section 263.
STANDARDS APPLICABLE TO
			 TRANSPORTERS OF HAZARDOUS WASTE
Subsection
			 A
-- General
§
			 263.10
Scope
(a)
			 These rules establish standards which apply to persons transporting hazardous
			 waste within the State of Arkansas if the transportation requires a manifest
			 under Section 262 of this rule.
(b)
			 These rules do not apply to on-site transportation of hazardous waste by
			 generators or by owners or operators of permitted hazardous waste management
			 facilities.
(c) A transporter of
			 hazardous waste must also comply with Section 262, Standards Applicable to
			 Generators of Hazardous Waste, if he:
(1)
			 Transports hazardous waste into the United States from abroad; or
(2) Mixes hazardous wastes of different DOT
			 shipping descriptions by placing them into a single
			 container.
(d) A
			 transporter of hazardous waste that is being imported from or exported to any
			 of the countries listed in Section 262.58(a)(1) for purposes of recovery is
			 subject to this Subsection and to all other relevant requirements of Subsection
			 H of Section Part 262, including, but not limited to, Section 262.84 for
			 movement documents.
(e)
All
			 persons who transport hazardous waste in or through any part of the State of
			 Arkansas shall first obtain permits for such activity as required by §
			 263.13.
(f) The rules in
			 this Section do not apply to transportation during an explosives or munitions
			 emergency response, conducted in accordance with §§ 264.1(g)(8)(i)(D)
			 or (iv) or 265.1(c)(11)(i)(D) or (iv), and 270.1(c)(3)(i)(D) or
			 (iii).
(g) Section 266.203 of this
			 Rule identifies how the requirements of this Section apply to military
			 munitions classified as solid waste under § 266.202.
§ 263.11
EPA identification
			 number
(a) A transporter must not
			 transport hazardous wastes in or through Arkansas without having received an
			 EPA identification number.
(b) A
			 transporter who has not received an EPA identification number may obtain one by
			 applying to the Director (for Arkansas companies) using EPA Form 8700-12
			 (AR-11-91R)(Notification of Regulated Waste Activity). Upon receiving the
			 request, the Director will assign an EPA identification number to the
			 transporter.
(c)
Any person
			 who operates a hazardous waste transfer facility in the State of Arkansas shall
			 first obtain a separate and unique EPA identification number for each transfer
			 facility.
§
			 263.12
Transfer facility requirements
(a) A transporter who stores manifested
			 shipments of hazardous waste in containers meeting the requirements of §
			 262.30 at a transfer facility for a period of ten days or less is not subject
			 to rule under Sections 264, 265, 267, 268, and 270 of this Rule with respect to
			 the storage of those wastes.
(b)
			 When consolidating the contents of two or more containers with the same
			 hazardous waste into a new container, or when combining and consolidating two
			 different hazardous wastes that are compatible with each other, the transporter
			 must mark its containers of 119 gallons or less with the following information:
(1) The words "Hazardous Waste" and
(2) The applicable EPA hazardous waste
			 number(s) (EPA hazardous waste codes) in subsections C and D of section 261 of
			 this regulation, or in compliance with §
			 262.32(c).
§
			 263.13
Transporter Permits.
(a)
Any person who transports
			 hazardous waste in, from, or through the State of Arkansas shall comply with
			 the permitting and other requirements of the Arkansas Department of
			 Transportation and the Arkansas Motor Carrier Act.
(b)
Persons transporting hazardous
			 waste by water or air shall comply with applicable state and federal rules and
			 regulations governing such transportation in addition to the requirements of
			 this Rule.
(c)
Persons transporting hazardous waste shall carry a copy of a valid transporter
			 permit in their vehicle, and display it upon request by law enforcement or
			 environmental compliance officers.
Subsection B
-- Compliance with the
			 Manifest System and Recordkeeping
§
			 263.20
The manifest system
(a)
(1)
			 Manifest Requirement. A transporter may not accept hazardous waste from a
			 generator unless the transporter is also provided with a manifest signed in
			 accordance with the requirements of § 262.23.
(2) Exports. For exports of hazardous
			 wastesubject to the requirements of Subsection H of this Regulation Section
			 262, a transporter may not accept hazardous waste without a manifest signed by
			 the generator in accordance with this section, as appropriate, and for exports
			 occurring under the terms of a consent issued by EPA on or after December 31,
			 2016, a movement document that includes all information required by §
			 262.83(d).
(3) Compliance Date for
			 Form Revisions. The revised Manifest form and procedures in 40
CFR §§ 260.10, 261.7, 263.20, and 263.21 had an
				effective date of September 5, 2006. The Manifest form and procedures in
				40
				CFR §§
															260.10,
				261.7,
				263.20, and
				263.21,
				contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004,
				were applicable until September 5, 2006.
(4) Use of electronic manifest legal
			 equivalence to paper forms for participating transporters. Electronic manifests
			 that are obtained, completed, and transmitted in accordance with §
			 262.20(a)(3) of part 262, and used in accordance with this section in lieu of
			 EPA Forms 8700-22 and 8700-22A, are the legal equivalent of paper manifest
			 forms bearing handwritten signatures, and satisfy for all purposes any
			 requirement in these rules to obtain, complete, sign, carry, provide, give,
			 use, or retain a manifest.
(i) Any
			 requirement in these rules to sign a manifest or manifest certification by
			 hand, or to obtain a handwritten signature, is satisfied by signing with or
			 obtaining a valid and enforceable electronic signature within the meaning of 40
			 CFR Part 262.25(a).
(ii) Any
			 requirement in these rules to give, provide, send, forward, or return to
			 another person a copy of the manifest is satisfied when a copy of an electronic
			 manifest is transmitted to the other person by submission to the
			 system.
(iii) Any requirement in
			 these rules for a manifest to accompany a hazardous waste shipment is satisfied
			 when a copy of an electronic manifest is accessible during transportation and
			 forwarded to the person or persons who are scheduled to receive delivery of the
			 waste shipment, except that to the extent that the Hazardous Materials
			 regulation on shipping papers for carriage by public highway requires
			 transporters of hazardous materials to carry a paper document to comply with
			 49 CFR §
															177.817, a hazardous waste transporter must
			 carry one printed copy of the electronic manifest on the transport
			 vehicle.
(iv) Any requirement in
			 these rules for a transporter to keep or retain a copy of a manifest is
			 satisfied by the retention of an electronic manifest in the transporter's
			 account on the e-Manifest system, provided that such copies are readily
			 available for viewing and production if requested by any EPA or authorized
			 state inspector.
(v) No transporter
			 may be held liable for the inability to produce an electronic manifest for
			 inspection under this section if that transporter can demonstrate that the
			 inability to produce the electronic manifest is exclusively due to a technical
			 difficulty with the EPA system for which the transporter bears no
			 responsibility.
(5) A
			 transporter may participate in the electronic manifest system either by
			 accessing the electronic manifest system from the transporter's own electronic
			 equipment, or by accessing the electronic manifest system from the equipment
			 provided by a participating generator, by another transporter, or by a
			 designated facility.
(6) Special
			 procedures when electronic manifest is not available. If after a manifest has
			 been originated electronically and signed electronically by the initial
			 transporter, and the electronic manifest system should become unavailable for
			 any reason, then:
(i) The transporter in
			 possession of the hazardous waste when the electronic manifest becomes
			 unavailable shall reproduce sufficient copies of the printed manifest that is
			 carried on the transport vehicle pursuant to paragraph (a)(4)(iii)(A) of this
			 section, or obtain and complete another paper manifest for this purpose. The
			 transporter shall reproduce sufficient copies to provide the transporter and
			 all subsequent waste handlers with a copy for their files, plus two additional
			 copies that will be delivered to the designated facility with the hazardous
			 waste.
(ii) On each printed copy,
			 the transporter shall include a notation in the Special Handling and Additional
			 Description space (Item 14) that the paper manifest is a replacement manifest
			 for a manifest originated in the electronic manifest system, shall include (if
			 not pre-printed on the replacement manifest) the manifest tracking number of
			 the electronic manifest that is replaced by the paper manifest, and shall also
			 include a brief explanation why the electronic manifest was not available for
			 completing the tracking of the shipment electronically.
(iii) A transporter signing a replacement
			 manifest to acknowledge receipt of the hazardous waste must ensure that each
			 paper copy is individually signed and that a legible handwritten signature
			 appears on each copy.
(iv) From the
			 point at which the electronic manifest is no longer available for tracking the
			 waste shipment, the paper replacement manifest copies shall be carried, signed,
			 retained as records, and given to a subsequent transporter or to the designated
			 facility, following the instructions, procedures, and requirements that apply
			 to the use of all other paper manifests.
(7) Special procedures for electronic
			 signature methods undergoing tests. If a transporter using an electronic
			 manifest signs this manifest electronically using an electronic signature
			 method which is undergoing pilot or demonstration tests aimed at demonstrating
			 the practicality or legal dependability of the signature method, then the
			 transporter shall sign the electronic manifest electronically and also sign
			 with an ink signature the transporter acknowledgement of receipt of materials
			 on the printed copy of the manifest that is carried on the vehicle in
			 accordance with paragraph (a)(4)(iii)(A) of this section. This printed copy
			 bearing the generator's and transporter's ink signatures shall also be
			 presented by the transporter to the designated facility to sign in ink to
			 indicate the receipt of the waste materials or to indicate discrepancies. After
			 the owner/operator of the designated facility has signed this printed manifest
			 copy with its ink signature, the printed manifest copy shall be delivered to
			 the designated facility with the waste materials.
(8) [Reserved]
(9) Post-receipt manifest data corrections.
			 After facilities have certified to the receipt of hazardous wastes by signing
			 Item 20 of the manifest, any post-receipt data corrections may be submitted at
			 any time by any interested person (e.g., waste handler) named on the manifest.
			 Transporters may participate electronically in the post-receipt data
			 corrections process by following the process described in § 264.71(l) of
			 this chapter, which applies to corrections made to either paper or electronic
			 manifest records.
(b)
			 Before transporting the hazardous waste, the transporter must sign and date the
			 manifest acknowledging acceptance of the hazardous waste from the generator.
			 The transporter must return a signed copy to the generator before leaving the
			 generator's property.
(c) The
			 transporter must ensure that the manifest accompanies the hazardous waste. In
			 the case of exports occurring under the terms of a consent issued by EPA to the
			 exporter on or after December 31, 2016, the transporter must ensure that a
			 movement document that includes all information required by § 262.83(d)
			 also accompanies the hazardous waste. In the case of imports occurring under
			 the terms of a consent issued by EPA to the country of export or the importer
			 on or after December 31, 2016, the transporter must ensure that a movement
			 document that includes all information required by § 262.84(d) also
			 accompanies the hazardous waste.
(d) A transporter who delivers a hazardous
			 waste to another transporter or to the designated facility must:
(1) Obtain the date of delivery and the
			 handwritten signature of that transporter or of the owner or operator of the
			 designated facility on the manifest; and
(2) Retain one copy of the manifest in
			 accordance with § 263.22; and
(3) Give the remaining copies of the manifest
			 to the accepting transporter or designated facility.
(e) The requirements of paragraphs (c), (d)
			 and (f) of this section do not apply to water (bulk shipment) transporters if:
(1) The hazardous waste is delivered by water
			 (bulk shipment) to the designated facility; and
(2) A shipping paper containing all the
			 information required on the manifest (excluding the EPA identification numbers,
			 generator certification, and signatures) and, for exports or imports occurring
			 under the terms of a consent issued by EPA on or after December 31, 2016, a
			 movement document that includes all information required by § 262.83(d) or
			 § 262.84(d) accompanies the hazardous waste; and
(3) The delivering transporter obtains the
			 date of delivery and handwritten signature of the owner or operator of the
			 designated facility on either the manifest or the shipping paper; and
(4) The person delivering the hazardous waste
			 to the initial water (bulk shipment) transporter obtains the date of delivery
			 and signature of the water (bulk shipment) transporter on the manifest and
			 forwards it to the designated facility; and
(5) A copy of the shipping paper or manifest
			 is retained by each water (bulk shipment) transporter in accordance with §
			 263.22.
(f) For shipments
			 involving rail transportation, the requirements of paragraphs (c), (d) and (e)
			 do not apply and the following requirements do apply:
(1) When accepting hazardous waste from a
			 non-rail transporter, the initial rail transporter must:
(i) Sign and date the manifest in the
			 appropriate space acknowledging acceptance of the hazardous waste;
(ii) Return a signed copy of the manifest to
			 the non-rail transporter;
(iii)
			 Forward at least three copies of the manifest to:
(A) The next non-rail transporter, if any;
			 or,
(B) The designated facility, if
			 the shipment is delivered to that facility by rail; or
(C) The last rail transporter designated to
			 handle the waste in the United States;
(iv) Retain one copy of the manifest and rail
			 shipping paper in accordance with § 263.22.
(2) Rail transporters must ensure that a
			 shipping paper containing all the information required on the manifest
			 (excluding the EPA identification numbers, generator certification, and
			 signatures) and, for exports or imports occurring under the terms of a consent
			 issued by EPA on or after December 31, 2016, a movement document that includes
			 all information required by § 262.83(d) or § 262.84(d) accompanies
			 the hazardous waste at all times.
Note: Intermediate rail transporters are not required to sign
				either the manifest or shipping paper.
(3) When delivering hazardous waste to the
			 designated facility, a rail transporter must:
(i) Obtain the date of delivery and
			 handwritten signature of the owner or operator of the designated facility on
			 the manifest or the shipping paper (if the manifest has not been received by
			 the facility); and
(ii) Retain a
			 copy of the manifest or signed shipping paper in accordance with § 263.22.
(4) When delivering
			 hazardous waste to a non-rail transporter a rail transporter must:
(i) Obtain the date of delivery and the
			 handwritten signature of the next non-rail transporter on the manifest;
			 and
(ii) Retain a copy of the
			 manifest in accordance with § 263.22.
(5) Before accepting hazardous waste from a
			 rail transporter, a non-rail transporter must sign and date the manifest and
			 provide a copy to the rail transporter.
(g) Transporters who transport hazardous
			 waste out of the United States must:
(1) Sign
			 and date the manifest in the International Shipments block to indicate the date
			 that the shipment left the United States;
(2) Retain one copy in accordance with §
			 263.22(d);
(3) Return a signed copy
			 of the manifest to the generator; and
(4) For paper manifests only;
(i) Send a copy of the manifest to the
			 e-Manifest system in accordance with the allowable methods specified in §
			 264.71(a)(2)(v); and
(ii) For
			 shipments initiated prior to the AES filing compliance date, when instructed by
			 the exporter to do so, give a copy of the manifest to a U.S. Customs official
			 at the point of departure from the United States.
(h) A
			 transporter transporting hazardous waste from a generator who generates greater
			 than 100 kilograms but less than 1000 kilograms of hazardous waste in a
			 calendar month need not comply with the requirements of this section or those
			 of § 263.22 provided that:
(1)
			 [
Reserved
]
(2)
			 The transporter records, on a log or shipping paper, the following information
			 for each shipment:
(i) The name, address, and
			 U.S. EPA Identification Number of the generator of the waste;
(ii) The quantity of waste
			 accepted;
(iii) All DOT-required
			 shipping nformation;
(iv) The date
			 the waste is accepted; and
(3) The transporter carries this record when
			 transporting waste to the reclamation facility; and
(4) The transporter retains these records for
			 a period of at least three years after termination or expiration of the
			 agreement.
§
			 263.21
Compliance with the manifest
(a) Except as provided in paragraph (b) of
			 this section, the transporter must deliver the entire quantity of hazardous
			 waste which he has accepted from a generator or a transporter to:
(1) The designated facility listed on the
			 manifest; or
(2) The alternate
			 designated facility, if the hazardous waste cannot be delivered to the
			 designated facility because an emergency prevents delivery; or
(3) The next designated transporter;
			 or
(4) The place outside the United
			 States designated by the generator.
(b)
(1)
			 Emergency condition. If the hazardous waste cannot be delivered in accordance
			 with paragraph (a)(1),(2), or (4) of this section because of an emergency
			 condition other than rejection of the waste by the designated facility, then
			 the transporter must contact the generator for further directions and must
			 revise the manifest according to the generator's instructions.
(2) Transporter without agency authority. If
			 the hazardous waste is not delivered to the next designated transporter in
			 accordance with paragraph (a)(3) of this section, and the current transporter
			 is without contractual authorization from the generator to act as the
			 generator's agent with respect to transporter additions or substitutions, then
			 the current transporter must contact the generator for further instructions
			 prior to making any revisions to the transporter designations on the manifest.
			 The current transporter may thereafter make such revisions if:
(i) The hazardous waste is not delivered in
			 accordance with paragraph (a)(3) of this section because of an emergency
			 condition; or
(ii) The current
			 transporter proposes to change the transporter(s) designated on the manifest by
			 the generator, or to add a new transporter during transportation, to respond to
			 an emergency, or for purposes of transportation efficiency, convenience, or
			 safety; and
(iii) The generator
			 authorizes the revision.
(3) Transporters with agency
			 authority
.
If the hazardous waste is not delivered to the
			 next designated transporter in accordance with paragraph (a)(3) of this
			 section, and the current transporter has authorization from the generator to
			 act as the generator's agent, then the current transporter may change the
			 transporter(s) designated on the manifest, or add a new transporter, during
			 transportation without the generator's prior, explicit approval, provided that:
(i) The current transporter is authorized by
			 a contractual provision that provides explicit agency authority for the
			 transporter to make such transporter changes on behalf of the
			 generator;
(ii) The transporter
			 enters in Item 14 of each manifest for which such a change is made, the
			 following statement of its agency authority: "Contract retained by generator
			 confers agency authority on initial transporter to add or substitute additional
			 transporters on generator's behalf;" and
(iii) The change in designated transporters
			 is necessary to respond to an emergency, or for purposes of transportation
			 efficiency, convenience, or safety.
(4) Generator liability. The grant by a
			 generator of authority to a transporter to act as the agent of the generator
			 with respect to changes to transporter designations under paragraph (b)(3) of
			 this section does not affect the generator's liability or responsibility for
			 complying with any applicable requirement under this chapter, or grant any
			 additional authority to the transporter to act on behalf of the
			 generator.
(c) If
			 hazardous waste is rejected by the designated facility while the transporter is
			 on the facility's premises, then the transporter must obtain the following:
(1) For a partial load rejection or for
			 regulated quantities of container residues, a copy of the original manifest
			 that includes the facility's date and signature, and the Manifest Tracking
			 Number of the new manifest that will accompany the shipment, and a description
			 of the partial rejection or container residue in the discrepancy block of the
			 original manifest. The transporter must retain a copy of this manifest in
			 accordance with § 263.22, and give the remaining copies of the original
			 manifest to the rejecting designated facility. If the transporter is forwarding
			 the rejected part of the shipment or a regulated container residue to an
			 alternate facility or returning it to the generator, the transporter must
			 obtain a new manifest to accompany the shipment, and the new manifest must
			 include all of the information required in § 264.72(e)(1) through (6) or
			 (f)(1) through (6) or § 265.72(e)(1) through (6) or (f)(1) through
			 (6).
(2) For a full load rejection
			 that will be taken back by the transporter, a copy of the original manifest
			 that includes the rejecting facility's signature and date attesting to the
			 rejection, the description of the rejection in the discrepancy block of the
			 manifest, and the name, address, phone number, and Identification Number for
			 the alternate facility or generator to whom the shipment must be delivered. The
			 transporter must retain a copy of the manifest in accordance with §
			 263.22, and give a copy of the manifest containing this information to the
			 rejecting designated facility. If the original manifest is not used, then the
			 transporter must obtain a new manifest for the shipment and comply with §
			 264.72(e)(1) through (6) or § 265.72(e)(1) through
			 (6).
§
			 263.22
Recordkeeping
(a) A transporter of hazardous waste must
			 keep a copy of the manifest signed by the generator, himself, and the next
			 designated transporter or the owner or operator of the designated facility for
			 a period of three years from the date the hazardous waste was accepted by the
			 initial transporter.
(b) For
			 shipments delivered to the designated facility by water (bulk shipment), each
			 water (bulk shipment) transporter must retain a copy of the shipping paper
			 containing all the information required in § 263.20(e)(2) for a period of
			 three years from the date the hazardous waste was accepted by the initial
			 transporter.
(c) For shipments of
			 hazardous waste by rail within the United States:
(1) The initial rail transporter must keep a
			 copy of the manifest and shipping paper with all the information required in
			 § 263.20(f)(2) for a period of three years from the date the hazardous
			 waste was accepted by the initial transporter; and
(2) The final rail transporter must keep a
			 copy of the signed manifest (or the shipping paper if signed by the designated
			 facility in lieu of the manifest) for a period of three years from the date the
			 hazardous waste was accepted by the initial transporter.
(d) A transporter who transports hazardous
			 waste out of the United States must keep a copy of the manifest indicating that
			 the hazardous waste left the United States for a period of three years from the
			 date the hazardous waste was accepted by the initial transporter.
(e) The periods of retention referred to in
			 this Section are extended automatically during the course of any unresolved
			 enforcement action regarding the regulated activity or as requested by the
			 Director.
§ 263.25
Electronic Manifest Signatures
(a) Electronic manifest signatures shall meet
			 the criteria described in
			 40 CFR §
													262.25(a).
(b) [Reserved]
Subsection C
-- Hazardous Waste
			 Discharges
§ 263.30
Immediate Action
(a) In the event of a
			 discharge of hazardous waste during transportation, the transporter must take
			 appropriate immediate action to protect human health and the environment (e.g.,
			 notify local authorities, dike the discharge area).
(b) If a discharge of hazardous waste occurs
			 during transportation and an official (State or local government or a Federal
			 Agency) acting within the scope of his official responsibilities determines
			 that immediate removal of the waste is necessary to protect human health or the
			 environment, that official may authorize the removal of the waste by
			 transporters who do not have EPA identification numbers and without the
			 preparation of a manifest.
(c) An
			 air, rail, highway, or water transporter who has discharged hazardous waste in
			 the State of Arkansas must:
(1) Give immediate
			 notice to the Arkansas State Police and to the principal office or designated
			 contact for the transporter.
(2)
			 Give notice, if required by
			 49 CFR
			 171.15, to the National Response Center
			 (800-424-8802 or 202-426-2675); and
(3) Report in writing as required by
			 49 CFR
			 171.16 to the Director, Office of Hazardous
			 Materials Regulations, Materials Transportation Bureau, Department of
			 Transportation, Washington, DC 20590.
(4) Submit a copy of the written report
			 required by
			 49 CFR
			 171.16 and 263.30(c)(2) to DEQ simultaneously
			 with its submission to the federal Department of
			 Transportation.
(d) A
			 water (bulk shipment) transporter who has discharged hazardous waste must give
			 the same notice as required by
			 33 CFR
			 153.203 for oil and hazardous substances.
§ 263.31
Discharge clean-up
A transporter must clean up any hazardous waste spill or
				discharge that occurs during transportation or take such action as may be
				required or approved by Federal, State, or local officials so that the
				hazardous waste discharge no longer presents a hazard to human health or the
				environment.
Section
			 264.
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
			 TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subsection A
-- General
§ 264.1
Purpose, scope, and
			 applicability
(a) The purpose of this
			 Section is to establish minimum standards which define the acceptable
			 management of hazardous waste.
(b)
			 The standards in this Section apply to owners and operators of all facilities
			 which treat, store, or dispose of hazardous waste, except as specifically
			 provided otherwise in this Section or Section 261 of this rule.
(c) The requirements of this Section apply to
			 a person disposing of hazardous waste by means of ocean disposal subject to a
			 federal permit issued under the Marine Protection, Research, and Sanctuaries
			 Act only to the extent they are included in a RCRA permit by rule granted to
			 such a person under 40 CFR Part 270 and this Section.
[Comment: These Section 264 rules do apply to the treatment or
				storage of hazardous waste before it is loaded onto an ocean vessel for
				incineration or disposal at sea.]
(d) The requirements of this Section apply to
			 a person disposing of hazardous waste by means of underground injection subject
			 to a permit issued under an Underground Injection Control (UIC) program
			 approved or promulgated under the Safe Drinking Water Act only to the extent
			 they are required by
			 40 CFR
			 144.14.
[Comment: These Section 264 rules do apply to the above-ground
				treatment or storage of hazardous waste before it is injected
				underground.]
(e) The
			 requirements of this Section apply to the owner or operator of a POTW which
			 treats, stores, or disposes of hazardous waste only to the extent they are
			 included in a RCRA permit by rule granted to such a person under Section 270 of
			 this rule.
(f) [Reserved]
(g) The requirements of this Section do not
			 apply to:
(1) The owner or operator of a
			 facility permitted, licensed, or registered by the State to manage municipal or
			 industrial solid waste, if the only hazardous waste the facility treats,
			 stores, or disposes of is excluded from rule under this Section by §
			 262.14 of this rule;
(2) The owner
			 or operator of a facility managing recyclable materials described in §
			 261.6(a) (2), (3) and (4) of this rule (except to the extent that requirements
			 of this Section are referred to in Section 279 or Subsections C, F, or G of
			 Section 266 of this rule).
(3) A
			 generator accumulating waste on-site in compliance with §§ 262.14,
			 262.15, 262.16, or 262.17 of this rule;
(4) A farmer disposing of waste pesticides
			 from his own use in compliance with § 262.70 of this rule; or
(5) The owner or operator of a totally
			 enclosed treatment facility, as defined in § 260.10.
(6) The owner or operator of an elementary
			 neutralization unit or a wastewater treatment unit as defined in § 260.10
			 of this rule, provided that if the owner or operator is diluting hazardous
			 ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
			 § 268.40, Table Treatment Standards for Hazardous Wastes, of this rule),
			 or reactive (D003) waste, to remove the characteristic before land disposal,
			 the owner/operator must comply with the requirements set out in §
			 264.17(b).
(7) [Reserved]
(8)
(i)
			 Except as provided in paragraph (g)(8)(ii) of this section, a person engaged in
			 treatment or containment activities during immediate response to any of the
			 following situations:
(A) A discharge of a
			 hazardous waste;
(B) An imminent
			 and substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when
			 discharged, becomes a hazardous waste;
(D) An immediate threat to human health,
			 public safety, property, or the environment, from the known or suspected
			 presence of military munitions, other explosive material, or an explosive
			 device, as determined by an explosive or munitions emergency response
			 specialist as defined in § 260.10.
(ii) An owner or operator of a facility
			 otherwise regulated by this Section must comply with all applicable
			 requirements of Subsections C and D.
(iii) Any person who is covered by paragraph
			 (g)(8)(i) of this section and who continues or initiates hazardous waste
			 treatment or containment activities after the immediate response is over is
			 subject to all applicable requirements of this Section for those
			 activities.
(iv) In the case of an
			 explosives or munitions emergency response, if a Federal, State, Tribal or
			 local official acting within the scope of his or her official responsibilities,
			 or an explosives or munitions emergency response specialist, determines that
			 immediate removal of the material or waste is necessary to protect human health
			 or the environment, that official or specialist may authorize the removal of
			 the material or waste by transporters who do not have EPA identification
			 numbers and without the preparation of a manifest. In the case of emergencies
			 involving military munitions, the responding military emergency response
			 specialist's organizational unit must retain records for three years
			 identifying the dates of the response, the responsible persons responding, the
			 type and description of material addressed, and its disposition.
(9) A transporter storing
			 manifested shipments of hazardous waste in containers meeting the requirements
			 of § 262.30 at a transfer facility for a total period of ten days or
			 less.
(10) The addition of
			 absorbent material to waste in a container (as defined in § 260.10 of this
			 rule) or the addition of waste to absorbent material in a container, provided
			 that these actions occur at the time waste is first placed in the container;
			 and §§ 264.17(b), 264.171, and 264.172 are complied with.
(11) Universal waste handlers and universal
			 waste transporters (as defined in § 260.10) handling the wastes listed
			 below. These handlers are subject to under § 273, when handling the below
			 listed universal wastes.
(i) Batteries as
			 described in § 273.2;
(ii)
			 Pesticides as described in § 273.3 of this rule;
(iii) Mercury-containing devices as described
			 in § 273.4 of this rule;
(iv)
			 Lamps as described in § 273.5 of this rule; and
(v)
Consumer electronic items as
			 described in § 273.6.
(h) The requirements of this Section apply to
			 owners or operators of all facilities which treat, store, or dispose of
			 hazardous wastes referred to in Section 268.
(i) Section 266.205 of this rule identifies
			 when the requirements of this Section apply to the storage of military
			 munitions classified as solid waste under § 266.202 of this rule. The
			 treatment and disposal of hazardous waste military munitions are subject to the
			 applicable permitting, procedural, and technical standards in Sections 260
			 through 270.
(j) The requirements
			 of subsections B, C, and D of this Section and § 264.101 do not apply to
			 remediation waste management sites. (However, some remediation waste management
			 sites may be a part of a facility that is subject to a traditional RCRA permit
			 because the facility is also treating, storing or disposing of hazardous wastes
			 that are not remediation wastes. In these cases, Subsections B, C, and D of
			 this Section, and § 264.101 do apply to the facility subject to the
			 traditional RCRA permit.) Instead of the requirements of subsections B, C, and
			 D of this Section, owners or operators of remediation waste management sites
			 must:
(1) Obtain an EPA identification number
			 by applying to the Director using Arkansas/EPA Form 8700-12;
(2) Obtain a detailed chemical and physical
			 analysis of a representative sample of the hazardous remediation wastes to be
			 managed at the site. At a minimum, the analysis must contain all of the
			 information which must be known to treat, store or dispose of the waste
			 according to this part and Section 268 of this rule, and must be kept accurate
			 and up to date;
(3) Prevent people
			 who are unaware of the danger from entering, and minimize the possibility for
			 unauthorized people or livestock to enter onto the active portion of the
			 remediation waste management site, unless the owner or operator can demonstrate
			 to the Director that:
(i) Physical contact
			 with the waste, structures, or equipment within the active portion of the
			 remediation waste management site will not injure people or livestock who may
			 enter the active portion of the remediation waste management site;
			 and
(ii) Disturbance of the waste
			 or equipment by people or livestock who enter onto the active portion of the
			 remediation waste management site, will not cause a violation of the
			 requirements of this part;
(4) Inspect the remediation waste management
			 site for malfunctions, deterioration, operator errors, and discharges that may
			 be causing, or may lead to, a release of hazardous waste constituents to the
			 environment, or a threat to human health. The owner or operator must conduct
			 these inspections often enough to identify problems in time to correct them
			 before they harm human health or the environment, and must remedy the problem
			 before it leads to a human health or environmental hazard. Where a hazard is
			 imminent or has already occurred, the owner/operator must take remedial action
			 immediately;
(5) Provide personnel
			 with classroom or on-the-job training on how to perform their duties in a way
			 that ensures the remediation waste management site complies with the
			 requirements of this part, and on how to respond effectively to
			 emergencies;
(6) Take precautions
			 to prevent accidental ignition or reaction of ignitable or reactive waste, and
			 prevent threats to human health and the environment from ignitable, reactive
			 and incompatible waste;
(7) For
			 remediation waste management sites subject to regulation under subsections I
			 through O and subsection X of this section, the owner/operator must design,
			 construct, operate, and maintain a unit within a 100-year floodplain to prevent
			 washout of any hazardous waste by a 100-year flood, unless the owner/operator
			 can meet the demonstration of § 264.18(b);
(8) Not place any non-containerized or bulk
			 liquid hazardous waste in any salt dome formation, salt bed formation,
			 underground mine or cave;
(9)
			 Develop and maintain a construction quality assurance program for all surface
			 impoundments, waste piles and landfill units that are required to comply with
			 §§ 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d) at
			 the remediation waste management site, according to the requirements of §
			 264.19;
(10) Develop and maintain
			 procedures to prevent accidents and a contingency and emergency plan to control
			 accidents that occur. These procedures must address proper design,
			 construction, maintenance, and operation of remediation waste management units
			 at the site. The goal of the plan must be to minimize the possibility of, and
			 the hazards from a fire, explosion, or any unplanned sudden or non-sudden
			 release of hazardous waste or hazardous waste constituents to air, soil, or
			 surface water that could threaten human health or the environment. The plan
			 must explain specifically how to treat, store and dispose of the hazardous
			 remediation waste in question, and must be implemented immediately whenever a
			 fire, explosion, or release of hazardous waste or hazardous waste constituents
			 which could threaten human health or the environment;
(11) Designate at least one employee, either
			 on the facility premises or on call (that is, available to respond to an
			 emergency by reaching the facility quickly), to coordinate all emergency
			 response measures. This emergency coordinator must be thoroughly familiar with
			 all aspects of the facility's contingency plan, all operations and activities
			 at the facility, the location and characteristics of waste handled, the
			 location of all records within the facility, and the facility layout. In
			 addition, this person must have the authority to commit the resources needed to
			 carry out the contingency plan;
(12) Develop, maintain and implement a plan
			 to meet the requirements in paragraphs (j)(2) through (j)(6) and (j)(9) through
			 (j)(10) of this section; and
(13)
			 Maintain records documenting compliance with paragraphs (j)(1) through (j)(12)
			 of this section.
§
			 264.2
[Reserved]
§ 264.3
Relationship to interim
			 status standards
A facility owner or operator who has fully complied with the
				requirements for interim status - as defined in section 3005(e) of RCRA and
				regulations under § 270.70 of this rule - must comply with the rules
				specified in Section 265 of this rule in lieu of the rules in this Section,
				until final administrative disposition of his permit application is made,
				except as provided under Subsection S of this Section.
[Comment: As stated in section 3005(a) of RCRA, after the
				effective date of regulations under that section, i.e., Sections 270 of this
				rule and 40 CFR 124, the treatment, storage, or disposal of hazardous waste is
				prohibited except in accordance with a permit. Section 3005(e) of RCRA provides
				for the continued operation of an existing facility which meets certain
				conditions until final administrative disposition of the owner's or operator's
				permit application is made.]
§
			 264.4
Imminent hazard action
Notwithstanding any other provisions of these rules,
				enforcement actions may be brought pursuant to section 7003 of RCRA, the
				Arkansas Hazardous Waste Management Act (A.C.A. §§ 8-7-201
et
				seq.
, and the Arkansas Remedial Action Trust Fund Act (A.C.A.
				§§ 8-7-501
et seq.
).
Subsection B
-- General Facility
			 Standards
§ 264.10
Applicability
(a) The rules in this
			 Subsection apply to owners and operators of all hazardous waste facilities,
			 except as provided in § 264.1 and in paragraph (b) of this
			 section.
(b) Section 264.18(b)
			 applies only to facilities subject to regulation under Subsections I through O
			 and Subsection X of this Section.
§ 264.11
Identification
			 number
Every facility owner or operator must apply to the Division for
				an EPA identification number in accordance with the Division's and EPA's
				notification procedures.
§
			 264.12
Required notices
(a) The owner or operator of a facility that
			 is arranging or has arranged to receive hazardous waste subject to Rule No. 23
			 section 262, subsection H from a foreign source must submit the following
			 required notices:
(1) As per §
			 262.84(b), for imports where the competent authority of the country of export
			 does not require the foreign exporter to submit to it a notification proposing
			 export and obtain consent from EPA and the competent authorities for the
			 countries of transit, such owner or operator of the facility, if acting as the
			 importer, must provide notification of the proposed transboundary movement in
			 English to EPA using the allowable methods listed in § 262.84(b)(1) at
			 least 60 days before the first shipment is expected to depart the country of
			 export. The notification may cover up to one year of shipments of wastes having
			 similar physical and chemical characteristics, the same United Nations
			 classification, the same RCRA waste codes and OECD waste codes, and being sent
			 from the same foreign exporter.
(2)
			 As per § 262.84(d)(2)(xv), a copy of the movement document bearing all
			 required signatures within three (3) working days of receipt of the shipment to
			 the foreign exporter; to the competent authorities of the countries of export
			 and transit that control the shipment as an export and transit shipment of
			 hazardous waste respectively; and on or after the electronic import-export
			 reporting compliance date, to EPA electronically using EPA's Waste Import
			 Export Tracking System (WIETS), or its successor system. The original of the
			 signed movement document must be maintained at the facility for at least three
			 (3) years. The owner or operator of a facility may satisfy this recordkeeping
			 requirement by retaining electronically submitted documents in the facility's
			 account on EPA's Waste Import Export Tracking System (WIETS), or its successor
			 system, provided that copies are readily available for viewing and production
			 if requested by any EPA or authorized state inspector. No owner or operator of
			 a facility may be held liable for the inability to produce the documents for
			 inspection under this section if the owner or operator of a facility can
			 demonstrate that the inability to produce the document is due exclusively to
			 technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or
			 its successor system for which the owner or operator of a facility bears no
			 responsibility.
(3) As per §
			 262.84(f)(4), if the facility has physical control of the waste and it must be
			 sent to an alternate facility or returned to the country of export, such owner
			 or operator of the facility must inform EPA, using the allowable methods listed
			 in § 262.84(b)(1) of the need to return or arrange alternate management of
			 the shipment.
(4) As per §
			 262.84(g), such owner or operator shall:
(i)
			 Send copies of the signed and dated confirmation of recovery or disposal, as
			 soon as possible, but no later than thirty days after completing recovery or
			 disposal on the waste in the shipment and no later than one calendar year
			 following receipt of the waste, to the foreign exporter, to the competent
			 authority of the country of export that controls the shipment as an export of
			 hazardous waste, and for shipments recycled or disposed of on or after the
			 electronic import-export reporting compliance date, to EPA electronically using
			 EPA's Waste Import Export Tracking System (WIETS), or its successor
			 system.
(ii) If the facility
			 performed any of recovery operations R12, R13, or RC16, or disposal operations
			 D13 through D15, or DC17, promptly send copies of the confirmation of recovery
			 or disposal that it receives from the final recovery or disposal facility
			 within one year of shipment delivery to the final recovery or disposal facility
			 that performed one of recovery operations R1 through R11, or RC16, or one of
			 disposal operations D1 through D12, or DC15 to DC16, to the competent authority
			 of the country of export that controls the shipment as an export of hazardous
			 waste, and on or after the electronic import-export reporting compliance date,
			 to EPA electronically using EPA's Waste Import Export Tracking System (WIETS),
			 or its successor system. The recovery and disposal operations in this paragraph
			 are defined in § 262.81.
(b) The owner or operator of a facility that
			 receives hazardous waste from an off-site source (except where the owner or
			 operator is also the generator) must inform the generator in writing that he
			 has the appropriate permit(s) for, and will accept, the waste the generator is
			 shipping. The owner or operator must keep a copy of this written notice as part
			 of the operating record.
(c) Before
			 transferring ownership or operation of a facility during its operating life, or
			 of a disposal facility during the post-closure care period, the owner or
			 operator must notify the new owner or operator in writing of the requirements
			 of this Section and Section 270 of this rule.
[Comment: An owner's or operator's failure to notify the new
				owner or operator of the requirements of this Section in no way relieves the
				new owner or operator of his obligation to comply with all applicable
				requirements.]
§
			 264.13
General waste analysis
(a)
(1)
			 Before an owner or operator treats, stores, or disposes of any hazardous
			 wastes, or nonhazardous wastes if applicable under § 264.113(d), he must
			 obtain a detailed chemical and physical analysis of a representative sample of
			 the wastes. At a minimum, the analysis must contain all the information which
			 must be known to treat, store, or dispose of the waste in accordance with this
			 Section and Section 268 of this rule.
As a minimum, this analysis shall
			 include a detailed waste characterization by a commercial facility for at least
			 10% of the waste handled for each generator of more than 1000 kg of hazardous
			 waste who ships waste to the facility.
(2) The analysis may include data developed
			 under Section 261 of this rule, and existing published or documented data on
			 the hazardous waste or on hazardous waste generated from similar processes.
[Comment: For example, the facility's records of analyses
				performed on the waste before the effective date of these rules, or studies
				conducted on hazardous waste generated from processes similar to that which
				generated the waste to be managed at the facility, may be included in the data
				base required to comply with paragraph (a)(1) of this section. The owner or
				operator of an off-site facility may arrange for the generator of the hazardous
				waste to supply Section of the information required by paragraph (a)(1) of this
				section, except as otherwise specified in § 268.7 (b) and (c). If the
				generator does not supply the information, and the owner or operator chooses to
				accept a hazardous waste, the owner or operator is responsible for obtaining
				the information required to comply with this section.]
(3) The analysis must be repeated as
			 necessary to ensure that it is accurate and up to date. At a minimum, the
			 analysis must be repeated:
(i) When the owner
			 or operator is notified, or has reason to believe, that the process or
			 operation generating the hazardous wastes, or non-hazardous wastes if
			 applicable under § 264.113(d), has changed; and
(ii) For off-site facilities, when the
			 results of the inspection required in paragraph (a)(4) of this section indicate
			 that the hazardous waste received at the facility does not match the waste
			 designated on the accompanying manifest or shipping paper.
(4) The owner or operator of an off-site
			 facility must inspect and, if necessary, analyze each hazardous waste movement
			 received at the facility to determine whether it matches the identity of the
			 waste specified on the accompanying manifest or shipping
			 paper.
(b) The owner or
			 operator must develop and follow a written waste analysis plan which describes
			 the procedures which he will carry out to comply with paragraph (a) of this
			 section. He must keep this plan at the facility. At a minimum, the plan must
			 specify:
(1) The parameters for which each
			 hazardous waste, or non-hazardous waste if applicable under § 264.113(d),
			 will be analyzed and the rationale for the selection of these parameters (i.e.,
			 how analysis for these parameters will provide sufficient information on the
			 waste's properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to
			 test for these parameters;
(3) The
			 sampling method which will be used to obtain a representative sample of the
			 waste to be analyzed. A representative sample may be obtained using either:
(i) One of the sampling methods described in
			 Appendix I of Section 261 of this rule; or
(ii) An equivalent sampling method.
[Comment: See § 260.21 of this rule for related
				discussion.]
(4)
			 The frequency with which the initial analysis of the waste will be reviewed or
			 repeated to ensure that the analysis is accurate and up to date; and
(5) For off-site facilities, the waste
			 analyses that hazardous waste generators have agreed to supply.
(6) Where applicable, the methods that will
			 be used to meet the additional waste analysis requirements for specific waste
			 management methods as specified in §§ 264.17, 264.314, 264.341,
			 264.1034(d), 264.1063(d), 264.1083, and 268.7 of this rule.
(7) For surface impoundments exempted from
			 land disposal restrictions under § 268.4(a), the procedures and schedules
			 for:
(i) The sampling of impoundment
			 contents; (ii) The analysis of test data; and,
(iii) The annual removal of residues which
			 are not delisted under 40 CFR Part 260.22 or which exhibit a characteristic of
			 hazardous waste and either:
(A) Do not meet
			 applicable treatment standards of Section 268, Subsection D; or
(B) Where no treatment standards have been
			 established;
(1) Such residues are prohibited
			 from land disposal under § 268.32 or RCRA section 3004(d); or
(2) Such residues are prohibited from land
			 disposal under § 268.33(f).
(8) For owners and operators seeking an
			 exemption to the air emission standards of subsection CC in accordance with
			 § 264.1082-
(i) If direct measurement is
			 used for the waste determination, the procedures and schedules for waste
			 sampling and analysis, and the analysis of test data to verify the
			 exemption.
(ii) If knowledge of the
			 waste is used for the waste determination, any information prepared by the
			 facility owner or operator or by the generator of the hazardous waste, if the
			 waste is received from off-site, that is used as the basis for knowledge of the
			 waste.
(c) For
			 off-site facilities, the waste analysis plan required in paragraph (b) of this
			 section must also specify the procedures which will be used to inspect and, if
			 necessary, analyze each movement of hazardous waste received at the facility to
			 ensure that it matches the identity of the waste designated on the accompanying
			 manifest or shipping paper. At a minimum, the plan must describe:
(1) The procedures which will be used to
			 determine the identity of each movement of waste managed at the facility;
			 and
(2) The sampling method which
			 will be used to obtain a representative sample of the waste to be identified,
			 if the identification method includes sampling.
(3) The procedures that the owner or operator
			 of an off-site landfill receiving containerized hazardous waste will use to
			 determine whether a hazardous waste generator or treater has added a
			 biodegradable sorbent to the waste in the container.
[Comment: Section 270 of this rule requires that the waste
				analysis plan be submitted with Part B of the permit application.]
§ 264.14
Security
(a) The owner or
			 operator must prevent the unknowing entry, and minimize the possibility for the
			 unauthorized entry, of persons or livestock onto the active portion of his
			 facility, unless he can demonstrate to the Director that:
(1) Physical contact with the waste,
			 structures, or equipment within the active portion of the facility will not
			 injure unknowing or unauthorized persons or livestock which may enter the
			 active portion of a facility; and
(2) Disturbance of the waste or equipment, by
			 the unknowing or unauthorized entry of persons or livestock onto the active
			 portion of a facility, will not cause a violation of the requirements of this
			 Section.
[Comment: Section 270 of this rule requires that an owner or
				operator who wishes to make the demonstration referred to above must do so with
				Part B of the permit application.]
(b) Unless the owner or operator has made a
			 successful demonstration under paragraphs (a)(1) and (2) of this section, a
			 facility must have:
(1) A 24-hour surveillance
			 system (e.g., television monitoring or surveillance by guards or facility
			 personnel) which continuously monitors and controls entry onto the active
			 portion of the facility; or
(2)
(i) An artificial or natural barrier (e.g., a
			 fence in good repair or a fence combined with a cliff), which completely
			 surrounds the active portion of the facility; and
(ii) A means to control entry, at all times,
			 through the gates or other entrances to the active portion of the facility
			 (e.g., an attendant, television monitors, locked entrance, or controlled
			 roadway access to the facility).
[Comment: The requirements of paragraph (b) of this section are
				satisfied if the facility or plant within which the active portion is located
				itself has a surveillance system, or a barrier and a means to control entry,
				which complies with the requirements of paragraph (b)(1) or (2) of this
				section.]
(c) Unless the owner or operator has made a
			 successful demonstration under paragraphs (a)(1) and (2) of this section, a
			 sign with the legend,
"Danger - Unauthorized Personnel Keep Out",
must be posted at each entrance to the active portion of a facility,
			 and at other locations, in sufficient numbers to be seen from any approach to
			 this active portion. The legend must be written in English and in any other
			 language predominant in the area surrounding the facility (e.g., facilities in
			 counties bordering the Canadian province of Quebec must post signs in French;
			 facilities in counties bordering Mexico must post signs in Spanish), and must
			 be legible from a distance of at least 25 feet. Existing signs with a legend
			 other than
"Danger - Unauthorized Personnel Keep Out"
may be
			 used if the legend on the sign indicates that only authorized personnel are
			 allowed to enter the active portion, and that entry onto the active portion can
			 be dangerous.
[Comment: See § 264.117(b) for discussion of security
				requirements at disposal facilities during the post-closure care
				period.]
§
			 264.15
General Inspection requirements
(a) The owner or operator must inspect his
			 facility for malfunctions and deterioration, operator errors, and discharges
			 which may be causing - or may lead to - (1) release of hazardous waste
			 constituents to the environment or (2) a threat to human health. The owner or
			 operator must conduct these inspections often enough to identify problems in
			 time to correct them before they harm human health or the
			 environment.
(b)
(1) The owner or operator must develop and
			 follow a written schedule for inspecting monitoring equipment, safety and
			 emergency equipment, security devices, and operating and structural equipment
			 (such as dikes and sump pumps) that are important to preventing, detecting, or
			 responding to environmental or human health hazards.
(2) He must keep this schedule at the
			 facility.
(3) The schedule must
			 identify the types of problems (e.g., malfunctions or deterioration) which are
			 to be looked for during the inspection (e.g., inoperative sump pump, leaking
			 fitting, eroding dike, etc.).
(4)
			 The frequency of inspection may vary for the items on the schedule. However, it
			 should be based on the rate of deterioration of the equipment and the
			 probability of an environmental or human health incident if the deterioration,
			 malfunction, or operator error goes undetected between inspections. Areas
			 subject to spills, such as loading and unloading areas, must be inspected daily
			 when in use. At a minimum, the inspection schedule must include the items and
			 frequencies called for in §§ 264.174, 264.193, 264.195, 264.226,
			 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053,
			 264.1058, and 264.1083 through 264.1089 of this Section, where applicable.
			 Section 270 of this rule requires the inspection schedule to be submitted with
			 part B of the permit application. The Director will evaluate the schedule along
			 with the rest of the application to ensure that it adequately protects human
			 health and the environment. As part of this review, the Director may modify or
			 amend the schedule as may be necessary.
(c) The owner or operator must remedy any
			 deterioration or malfunction of equipment or structures which the inspection
			 reveals on a schedule which ensures that the problem does not lead to an
			 environmental or human health hazard. Where a hazard is imminent or has already
			 occurred, remedial action must be taken immediately.
(d) The owner or operator must record
			 inspections in an inspection log or summary. He must keep these records for at
			 least three years from the date of inspection. At a minimum, these records must
			 include the date and time of the inspection, the name of the inspector, a
			 notation of the observations made, and the date and nature of any repairs or
			 other remedial actions.
§
			 264.16
Personnel training
(a)
(1)
			 Facility personnel must successfully complete a program of classroom
			 instruction or on-the-job training that teaches them to perform their duties in
			 a way that ensures the facility's compliance with the requirements of this
			 Section. The owner or operator must ensure that this program includes all the
			 elements described in the document required under paragraph (d)(3) of this
			 section.
[Comment: Section 270 of this rule requires that owners and
				operators submit with Part B of the RCRA permit application, an outline of the
				training program used (or to be used) at the facility and a brief description
				of how the training program is designed to meet actual job tasks.]
(2) This program must be directed
			 by a person trained in hazardous waste management procedures, and must include
			 instruction which teaches facility personnel hazardous waste management
			 procedures (including contingency plan implementation) relevant to the
			 positions in which they are employed.
(3) At a minimum, the training program must
			 be designed to ensure that facility personnel are able to respond effectively
			 to emergencies by familiarizing them with emergency procedures, emergency
			 equipment, and emergency systems, including, where applicable:
(i) Procedures for using, inspecting,
			 repairing, and replacing facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed
			 cut-off systems;
(iii)
			 Communications or alarm systems;
(iv) Response to fires or
			 explosions;
(v) Response to
			 ground-water contamination incidents; and
(vi) Shutdown of operations.
(4) For facility
			 employees receiving emergency response training pursuant to OSHA regulations
			 facility not required to provide separate emergency response
			 training
(b) Facility
			 personnel must successfully complete the program required in paragraph (a) of
			 this section within six months after the effective date of these rules or six
			 months after the date of their employment or assignment to a facility, or to a
			 new position at a facility, whichever is later. Employees hired after the
			 effective date of these rules must not work in unsupervised positions until
			 they have completed the training requirements of paragraph (a) of this
			 section.
(c) Facility personnel
			 must take part in an annual review of the initial training required in
			 paragraph (a) of this section.
(d)
			 The owner or operator must maintain the following documents and records at the
			 facility:
(1) The job title for each position
			 at the facility related to hazardous waste management, and the name of the
			 employee filling each job;
(2) A
			 written job description for each position listed under paragraph (d)(1) of this
			 section. This description may be consistent in its degree of specificity with
			 descriptions for other similar positions in the same company location or
			 bargaining unit, but must include the requisite skill, education, or other
			 qualifications, and duties of employees assigned to each position;
(3) A written description of the type and
			 amount of both introductory and continuing training that will be given to each
			 person filling a position listed under paragraph (d)(1) of this
			 section;
(4) Records that document
			 that the training or job experience required under paragraphs (a), (b), and (c)
			 of this section has been given to, and completed by, facility
			 personnel.
(e) Training
			 records on current personnel must be kept until closure of the facility;
			 training records on former employees must be kept for at least three years from
			 the date the employee last worked at the facility. Personnel training records
			 may accompany personnel transferred within the same company.
(f)
Certification of Hazardous Waste
			 Facility Operators. In addition to the requirements of §§ 264.15,
			 264.16, and 264.55, the following provisions shall be complied with:
(1)
No commercial hazardous waste
			 management facility shall be caused or permitted to operate unless at least one
			 person certified by the Division in accordance with the provisions of
			 subsection (2) below, is on duty, or on 15 minutes call, at all times the
			 facility is being operated. Depending upon the size and complexity of the
			 facility, the Division may require, as a condition of permit, one or more
			 certified operators to be on duty at all times the facility is in operation.
(2)
No person
			 shall be certified by the Division at being qualified to serve as an operator
			 of a commercial hazardous waste management facility unless the person is found
			 to have the following qualifications:
(i)
Is physically capable of
			 performing all tasks reasonably expected of supervisory personnel;
(ii)
Has a baccalaureate
			 degree in engineering, physical science, health sciences, or related
			 disciplines or four years of significant demonstrated experience in such
			 fields;
(iii)
Has at least four additional years experience in management, engineering, or in
			 conducting chemical/physical analysis;
(iv)
Has a working familiarity with
			 the principles and requirements relative to industrial hygiene, worker safety,
			 emergency procedures and environmental protection as such principles and
			 requirements relate to the nature of the hazardous waste managed at the
			 facility in which said person is to have, or does have, supervisory
			 responsibility and as such principles and requirements relate to the type
			 storage, treatment and/or disposal in such facility;
(v)
Has a basic knowledge of the
			 principles of operation and standard operating procedures for all equipment
			 used in the facility in which said person is to have, or has, supervisory
			 responsibility; and
(vi)
Is a citizen of the United States, of good moral character with no
			 prior conviction of a felony or a crime of moral turpitude.
(3)
No employee
			 of a hazardous waste management facility shall be assigned the duties of
			 transferring, handling, sorting, mixing, treating or disposing of hazardous
			 waste unless that employee meets the requirements set out in § 264.16 (a),
			 (b) and (c).
(4)
No employee of a hazardous waste management facility shall be assigned
			 the duties of transferring, handling, sorting, mixing, treating or disposing of
			 hazardous waste unless that employee has demonstrated his/her capabilities of:
(i)
Reading and
			 comprehending label instructions, operational procedures, contingency plans and
			 regulatory directives;
(ii)
Understanding the basic nature
			 of the materials which he/she is assigned to transfer, handle, sort, mix, treat
			 or dispose relative to the material's reactivity, toxicity, explosiveness and
			 flammability; and
(iii)
Operating all equipment which he is assigned to operate, including
			 personal safety and emergency equipment.
(5)
The owner or operator of a
			 hazardous waste management facility must maintain the records required in
			 § 264.16(d).
(6)
Owners and/or operators of commercial hazardous waste management
			 facilities shall:
(i)
Maintain complete updated records of all workers assigned to a specific job
			 including name, address, date of starting specific job and date of termination
			 of specific job;
(ii)
Maintain a complete previous employ-ment history and a complete job
			 mobility history within the facility kept for each employee;
(iii)
Have their personnel
			 trained in contingency procedures as prescribed in the facility's contingency
			 plan, which plan has been submitted and approved pursuant to this rule;
(iv)
Have their
			 personnel take part in a semiannual review and update of their initial training
			 in contingency procedures and other hazardous waste management procedures
			 relevant to those operations at which they are employed; and
(v)
Have each of their
			 personnel undergo an annual health physical and said personnel's spouses shall
			 be offered an annual health physical, the specifics of which are deemed
			 appropriate by the Division, including health histories, reproductive history
			 and health histories of all offspring, with records of each of these physicals
			 available to the Division upon request with the written consent of the
			 individual. Consent will be given on a waiver form approved by the Division
			 written in such a fashion as to allow dissemination of information to the
			 Division or to authorized representatives designated in writing by the
			 Division.
(7)
The owner or operator of a hazardous waste management
			 facility shall promptly modify the training required of its employees whenever
			 required to do so upon the direction of the Division or whenever modification
			 in training is required as a condition of permit; provided, however, that
			 preliminary training, approved by the Division, will have been completed prior
			 to commencement of operation of a new hazardous waste management facility or
			 prior to commencement of an operation in an existing facility for which a
			 permit has been issued or modified.
§ 264.17
General requirements for
			 ignitable, reactive, or incompatible wastes
(a) The owner or operator must take
			 precautions to prevent accidental ignition or reaction of ignitable or reactive
			 waste. This waste must be separated and protected from sources of ignition or
			 reaction including but not limited to: open flames, smoking, cutting and
			 welding, hot surfaces, frictional heat, sparks (static, electrical, or
			 mechanical), spontaneous ignition (e.g., from heat-producing chemical
			 reactions), and radiant heat. While ignitable or reactive waste is being
			 handled, the owner or operator must confine smoking and open flame to specially
			 designated locations. "No Smoking" signs must be conspicuously placed wherever
			 there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other
			 sections of this Section, the owner or operator of a facility that treats,
			 stores or disposes ignitable or reactive waste, or mixes incompatible waste or
			 incompatible wastes and other materials, must take precautions to prevent
			 reactions which:
(1) Generate extreme heat or
			 pressure, fire or explosions, or violent reactions;
(2) Produce uncontrolled toxic mists, fumes,
			 dusts, or gases in sufficient quantities to threaten human health or the
			 environment;
(3) Produce
			 uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
			 of fire or explosions;
(4) Damage
			 the structural integrity of the device or facility;
(5) Through other like means threaten human
			 health or the environment.
(c) When required to comply with paragraph
			 (a) or (b) of this section, the owner or operator must document that
			 compliance. This documentation may be based on references to published
			 scientific or engineering literature, data from trial tests (e.g., bench scale
			 or pilot scale tests), waste analyses (as specified in § 264.13), or the
			 results of the treatment of similar wastes by similar treatment processes and
			 under similar operating conditions.
§ 264.18
Location standards
(a) Seismic considerations.
(1) Portions of new facilities where
			 treatment, storage, or disposal of hazardous waste will be conducted must not
			 be located within 61 meters (200 feet) of a fault which has had displacement in
			 Holocene time.
(2) As used in
			 paragraph (a)(1) above:
(i) "Fault" means a
			 fracture along which rocks on one side have been displaced with respect to
			 those on the other side.
(ii)
			 "Displacement" means the relative movement of any two sides of a fault measured
			 in any direction.
(iii) "Holocene"
			 means the most recent epoch of the Quaternary period, extending from the end of
			 the Pleistocene to the present.
[Comment: Procedures for demonstrating compliance with this
				standard in Part B of the permit application are specified in §
				270.14(b)(11). Facilities which are located in political jurisdictions other
				than those listed in Appendix VI of this Section, are assumed to be in
				compliance with this requirement.]
(b) Floodplains.
(1) A facility located in a 100-year
			 floodplain must be designed, constructed, operated, and maintained to prevent
			 washout of any hazardous waste by a 100-year flood, unless the owner or
			 operator can demonstrate to the Director's satisfaction that:
(i) Procedures are in effect which will cause
			 the waste to be removed safely, before flood waters can reach the facility, to
			 a location where the wastes will not be vulnerable to flood waters;
			 or
(ii) For existing surface
			 impoundments, waste piles, land treatment units, landfills, and miscellaneous
			 units, no adverse effects on human health or the environment will result if
			 washout occurs, considering:
(A) The volume
			 and physical and chemical characteristics of the waste in the
			 facility;
(B) The concentration of
			 hazardous constituents that would potentially affect surface waters as a result
			 of washout;
(C) The impact of such
			 concentrations on the current or potential uses of and water quality standards
			 established for the affected surface waters; and
(D) The impact of hazardous constituents on
			 the sediments of affected surface waters or the soils of the 100-year
			 floodplain that could result from washout.
[Comment: The location where wastes are moved must be a
				facility which is either permitted by the Division under Section 270 of this
				rule or in interim status under Sections 270 and 265 of this rule.]
(2) As used
			 in paragraph (b)(1) of this section:
(i)
			 "100-year floodplain" means any land area which is subject to a one percent or
			 greater chance of flooding in any given year from any source.
(ii) "Washout" means the movement of
			 hazardous waste from the active portion of the facility as a result of
			 flooding.
(iii) "100-year flood"
			 means a flood that has a one percent chance of being equalled or exceeded in
			 any given year.
(c) Salt dome formations, salt bed
			 formations, underground mines and caves. The placement of any noncontainerized
			 or bulk liquid hazardous waste in any salt dome formation, salt bed formation,
			 underground mine or cave is prohibited.
Additional State Siting Criteria for Arkansas
				Facilities:
(d)
No
			 permit shall be issued for a new hazardous waste management facility in which
			 the factor or combination of factors, set forth in Subsections (1), (2), (3),
			 (4), and (5) below exist except where the applicant can affirmatively
			 demonstrate and the Division specifically finds that the location of such
			 facilities in those areas would not constitute a risk to the public health or
			 environment:
(1)
An active
			 fault zone;
(2)
A "regulatory floodway" as adopted by communities participating in the National
			 Flood Program managed by the Federal Emergency Management Administration and
			 the Arkansas Soil and Water Conservation Commission;
(3)
A 100-year floodplain;
(4)
A recharge zone of a
			 sole source aquifer designated pursuant to § 1424 (e) of the Safe Drinking
			 Water Act ( PL 93-532 );
(5)
"Wetland areas" which are
			 inundated or saturated by surface water or groundwater at a frequency and
			 duration to support, and under normal circumstances to support or would support
			 vegetation typically adapted for life in saturated soil conditions;
(e)
No permit
			 shall be issued for a hazardous waste landfill facility or surface impoundment
			 if such facility is located in any area in which the Division shall find that a
			 geologic or pedologic factor, or combination of factors, including but not
			 confined to those enumerated in Subsections (1), (2), (3), (4), and (5) below,
			 would create any unacceptable risk to the public health or safety due to the
			 nature, design, and/or operation of the facility described in the permit
			 application:
(1)
Areas of
			 high earthquake potential; or
(2)
Areas having a soil which would
			 be classified as vertisol or as having a subgroup modifier of vertic by the
			 criteria of the Soil Conservation Service of the U.S. Department of
			 Agriculture; or
(3)
Areas in which a stratum of limestone or similar rock of an average
			 thickness of more than 1 meter (3 feet) shall lie within 30 meters (99 feet) of
			 the base of the proposed liner system as described in the application for
			 permit; or
(4)
Areas in which the bottom of the landfill's or impoundment's liner system or
			 in-place soil barrier is less than 10 feet above the historically high water
			 table; or
(5)
Where the proximity of a functioning private or public water supply in
			 relationship to any active portion of the facility would constitute an
			 unacceptable risk to the public health or safety.
(f)
No permit shall be
			 issued for the construction or operation of a new commercial hazardous waste
			 landfill if the active portions of such facility are located within one half
			 (1/2) mile of any occupied dwelling, church, school, hospital, or similarly
			 occupied structure at the time the initial permit application is submitted to
			 the Division by the applicant unless the nature and amounts of hazardous wastes
			 are limited by conditions of permit in such a manner that the applicant can
			 affirmatively demonstrate and the Division finds that a lesser distance will
			 provide adequate margins of safety even under abnormal operating conditions.
(g)
No permit
			 shall be issued for a hazardous waste management facility in which the Division
			 shall find that factors or combination of factors, including but not confined
			 to Subsections (1) and (2) below, would create an unacceptable risk to the
			 public health or safety due to the nature, design and/or operation of the
			 facility described in the permit application.
(1)
The area and configuration of the
			 facility's property is such that the distance between active portions of the
			 facility and the facility's property line is less than 200 feet;
(2)
The active portions of
			 such facility are located less than 300 feet from the right-of-way for:
(i)
a public road;
(ii)
pipelines
			 carrying natural gas, fuel oils, or chemicals, excluding service lines to the
			 facility;
(iii)
water and wastewater line, other than the service lines to the facility;
			 and
(iv)
power
			 transmission lines, other than service lines to the facility.
(h)
No permit shall be issued for the
			 construction or operation of a new hazardous waste management facility unless
			 the location of said facility is such that all performance standards set forth
			 in this Rule can be met.
(i)
The provisions of this subsection shall not apply to treatment
			 facilities which began operation prior to the date of enactment of the Act
			 which have an existing operating permit from the Division, or to any subsequent
			 modifications to such facilities, provided that the owner of such facility
			 demonstrates that such modifications do not materially increase that degree of
			 hazards associated with such facility.
§ 264.19
Construction quality assurance program
(a) CQA program.
(1) A construction quality assurance (CQA)
			 program is required for all surface impoundment, waste pile, and landfill units
			 that are required to comply with §§ 264.221 (c) and (d), 264.251 (c)
			 and (d), and 264.301 (c) and (d). The program must ensure that the constructed
			 unit meets or exceeds all design criteria and specifications in the permit. The
			 program must be developed and implemented under the direction of a CQA officer
who is an Arkansas-registered professional engineer.
(2) The CQA program must address
			 the following physical components, where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane
			 liners);
(v) Leachate collection
			 and removal systems and leak detection systems; and
(vi) Final cover systems.
(b) Written
			 CQA plan. The owner or operator of units subject to the CQA program under
			 paragraph (a) of this section must develop and implement a written CQA plan.
			 The plan must identify steps that will be used to monitor and document the
			 quality of materials and the condition and manner of their installation. The
			 CQA plan must include:
(1) Identification of
			 applicable units, and a description of how they will be constructed.
(2) Identification of key personnel in the
			 development and implementation of the CQA plan, and CQA officer
			 qualifications.
(3) A description
			 of inspection and sampling activities for all unit components identified in
			 paragraph (a)(2) of this section, including observations and tests that will be
			 used before, during, and after construction to ensure that the construction
			 materials and the installed unit components meet the design specifications. The
			 description must cover: Sampling size and locations; frequency of testing; data
			 evaluation procedures; acceptance and rejection criteria for construction
			 materials; plans for implementing corrective measures; and data or other
			 information to be recorded and retained in the operating record under §
			 264.73.
(c) Contents of
			 program.
(1) The CQA program must include
			 observations, inspections, tests, and measurements sufficient to ensure:
(i) Structural stability and integrity of all
			 components of the unit identified in paragraph (a)(2) of this
			 section;
(ii) Proper construction
			 of all components of the liners, leachate collection and removal system, leak
			 detection system, and final cover system, according to permit specifications
			 and good engineering practices, and proper installation of all components
			 (e.g., pipes) according to design specifications;
(iii) Conformity of all materials used with
			 design and other material specifications under §§ 264.221, 264.251,
			 and 264.301.
(2) The CQA
			 program shall include test fills for compacted soil liners, using the same
			 compaction methods as in the full scale unit, to ensure that the liners are
			 constructed to meet the hydraulic conductivity requirements of §§
			 264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field.
			 Compliance with the hydraulic conductivity requirements must be verified by
			 using in-situ testing on the constructed test fill. The Director may accept an
			 alternative demonstration, in lieu of a test fill, where data are sufficient to
			 show that a constructed soil liner will meet the hydraulic conductivity
			 requirements of §§ 264.221(c)(1)(i)(B), 264.251 (c)(1)(i)(B), and
			 264.301(c)(1)(i)(B) in the field.
(d) Certification. Waste shall not be
			 received in a unit subject to § 264.19 until the owner or operator has
			 submitted to the Director by certified mail or hand delivery a certification
			 signed by the CQA officer that the approved CQA plan has been successfully
			 carried out and that the unit meets the requirements of §§ 264.221
			 (c) or (d), 264.251 (c) or (d), or 264.301 (c) or (d); and the procedure in
			 § 270.30(l)(2)(ii) of this ule has been completed. Documentation
			 supporting the CQA officer's certification must be furnished to the Director
			 upon request.
§
			 264.20
State-specific Performance Standards
(a)
In addition to the provisions of
			 §§ 264, 265, and 270 and the other provisions of this
Rule
, the following standards apply to hazardous waste management
			 facilities:
(1)
The
			 capacity of hazardous waste storage facilities associated with a treatment
			 facility shall not exceed a volume equal to ninety (90) times the permitted
			 daily processing rate of the treatment process, unless 1) the Division shall
			 find that a lesser volume is required to provide adequate protection of public
			 health and safety; or 2) the applicant shall affirmatively demonstrate and the
			 Division finds that such a restriction shall unduly inhibit the use of the most
			 acceptable method or methods available for treatment.
(2)
The requirements of subsection
			 (a) (1) of this section shall not apply to wastewater treatment facilities
			 which are designed and operated to meet state and federal water pollution
			 control regulations.
(3)
Each facility shall be designed to operate and shall be operated in
			 such a manner that emissions from the facility will comply with the provisions
			 of the Arkansas Hazardous Waste Management Act of 1979, as amended, the
			 provisions of this
Rule
and all applicable state and federal
			 standards concerning air and water quality and that the transfer, handling and
			 storage of materials will not violate state and federal standards concerning
			 worker safety or create unreasonable hazards to the environment or to the
			 health and welfare of the people living and working in or near such facility;
			 and
(4)
When it
			 is technically feasible that destruction of the waste can be accomplished by
			 incineration utilizing currently available technology, no acutely hazardous
			 waste shall be disposed of in landfills in the State of Arkansas unless the
			 applicant can demonstrate that the waste is not included in Class I high hazard
			 materials as defined in the Chemical Manufacturers Association's "A System for
			 Management of Hazardous Waste by Degree of Hazard Under Subtitle "C" of RCRA"
			 dated July 30, 1979 or as revised or amended thereto after approval by the
			 Commission.
(b)
Incineration will be deemed
			 technically feasible by the Director for destruction of all acutely hazardous
			 materials for which disposal in landfills is not allowed unless:
(1)
the generator or the disposer can
			 demonstrate to the satisfaction of the Director that incineration is not
			 technically feasible;
(2)
it is generally accepted by the
			 scientific community that incineration would not be technically feasible or
			 that incineration would not produce the desired results;
(3)
incineration would not
			 appreciably reduce the degree of hazard; or the toxicity of the waste results
			 primarily from inorganic materials which are not destroyed by incineration.
(c)
The Director may give a waiver to paragraph (a)(4) above if it can be
			 demonstrated to his satisfaction that a process other than incineration is
			 available and will be used that would destroy or permanently immobilize the
			 hazardous components of the waste prior to landfilling.
(d)
The following materials shall not
			 be disposed of in landfills permitted under this Rule and Rule No. 22:
(1)
Bulk liquids,
			 semisolids and sludges unless, before disposal, such waste is treated or
			 stabilized into cement-like material.
(2)
Containers holding free liquids
			 unless all freestanding liquid has been removed or treated or stabilized into
			 cement-like material; or the container is very small, such as an ampule, or is
			 a lab pack as defined in § 264.316 or §265.316, as applicable and is
			 disposed of in accordance with 264.316 or 265.316 as applicable.
(3)
Municipal refuse which
			 is not hazardous waste.
(4)
Ignitable wastes in containers,
			 unless all free liquids therein have been removed or treated and stabilized
			 into cement-like material.
Subsection C
-- Preparedness and
			 Prevention
§ 264.30
Applicability
The rules in this Subsection apply to owners and operators of
				all hazardous waste facilities, except as § 264.1 provides
				otherwise.
§ 264.31
Design and operation of facility
Facilities must be designed, constructed, maintained, and
				operated to minimize the possibility of a fire, explosion, or any unplanned
				sudden or non-sudden release of hazardous waste or hazardous waste constituents
				to air, soil, or surface water which could threaten human health or the
				environment.
§ 264.32
Required equipment
All facilities must be equipped with the following, unless it
				can be demonstrated to the Director that none of the hazards posed by waste
				handled at the facility could require a particular kind of equipment specified
				below:
(a) An internal communications
			 or alarm system capable of providing immediate emergency instruction (voice or
			 signal) to facility personnel;
(b)
			 A device, such as a telephone (immediately available at the scene of
			 operations) or a handheld two-way radio, capable of summoning emergency
			 assistance from local police departments, fire departments, or State or local
			 emergency response teams;
(c)
			 Portable fire extinguishers, fire control equipment (including special
			 extinguishing equipment, such as that using foam, inert gas, or dry chemicals),
			 spill control equipment, and decontamination equipment; and
(d) Water at adequate volume and pressure to
			 supply water hose streams, or foam producing equipment, or automatic
			 sprinklers, or water spray systems.
[Comment: Section 270 of this rule requires that an owner or
				operator who wishes to make the demonstration referred to above must do so with
				Part B of the permit application.]
§ 264.33
Testing and maintenance
			 of equipment
All facility communications or alarm systems, fire protection
				equipment, spill control equipment, and decontamination equipment, where
				required, must be tested and maintained as necessary to assure its proper
				operation in time of emergency.
§
			 264.34
Access to communications or alarm system
(a) Whenever hazardous waste is being poured,
			 mixed, spread, or otherwise handled, all personnel involved in the operation
			 must have immediate access to an internal alarm or emergency communication
			 device, either directly or through visual or voice contact with another
			 employee, unless the Director has ruled that such a device is not required
			 under § 264.32.
(b) If there
			 is ever just one employee on the premises while the facility is operating, he
			 must have immediate access to a device, such as a telephone (immediately
			 available at the scene of operation) or a hand-held two-way radio, capable of
			 summoning external emergency assistance, unless the Director has ruled that
			 such a device is not required under § 264.32.
§ 264.35
Required aisle
			 space
The owner or operator must maintain aisle space to allow the
				unobstructed movement of personnel, fire protection equipment, spill control
				equipment, and decontamination equipment to any area of facility operation in
				an emergency, unless it can be demonstrated to the Director that aisle space is
				not needed for any of these purposes.
[Comment: Section 270 of this rule requires that an owner or
				operator who wishes to make the demonstration referred to above must do so with
				Part B of the permit application.]
§ 264.36
[Reserved]
§ 264.37
Arrangements with local authorities
(a) The owner or operator must attempt to
			 make the following arrangements, as appropriate for the type of waste handled
			 at his facility and the potential need for the services of these organizations:
(1) Arrangements to familiarize police, fire
			 departments, and emergency response teams with the layout of the facility,
			 properties of hazardous waste handled at the facility and associated hazards,
			 places where facility personnel would normally be working, entrances to and
			 roads inside the facility, and possible evacuation routes;
(2) Where more than one police and fire
			 department might respond to an emergency, agreements designating primary
			 emergency authority to a specific police and a specific fire department, and
			 agreements with any others to provide support to the primary emergency
			 authority;
(3) Agreements with
			 State emergency response teams, emergency response contractors, and equipment
			 suppliers; and
(4) Arrangements to
			 familiarize local hospitals with the properties of hazardous waste handled at
			 the facility and the types of injuries or illnesses which could result from
			 fires, explosions, or releases at the facility.
(b) Where State or local authorities decline
			 to enter into such arrangements, the owner or operator must document the
			 refusal in the operating record.
Subsection D
-- Contingency Plan and
			 Emergency Procedures
§ 264.50
Applicability
The rules in this Subsection apply to owners and operators of
				all hazardous waste facilities, except as § 264.1 provides
				otherwise.
§ 264.51
Purpose and implementation of contingency plan
(a) Each owner or operator must have a
			 contingency plan for his facility. The contingency plan must be designed to
			 minimize hazards to human health or the environment from fires, explosions, or
			 any unplanned sudden or non-sudden release of hazardous waste or hazardous
			 waste constituents to air, soil, or surface water.
(b) The provisions of the plan must be
			 carried out immediately whenever there is a fire, explosion, or release of
			 hazardous waste or hazardous waste constituents which could threaten human
			 health or the environment.
§
			 264.52
Content of contingency plan
(a) The contingency plan must describe the
			 actions facility personnel must take to comply with §§ 264.51 and
			 264.56 in response to fires, explosions, or any unplanned sudden or non-sudden
			 release of hazardous waste or hazardous waste constituents to air, soil, or
			 surface water at the facility.
(b)
			 If the owner or operator has already prepared a Spill Prevention, Control, and
			 Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112, or some other
			 emergency or contingency plan, he need only amend that plan to incorporate
			 hazardous waste management provisions that are sufficient to comply with the
			 requirements of this Section. The owner or operator may develop one contingency
			 plan which meets all regulatory requirements. EPA recommends that the plan be
			 based on the National Response Team's Integrated Contingency Plan Guidance
			 ("One Plan"). When modifications are made to non-RCRA provisions in an
			 integrated contingency plan, the changes do not trigger the need for a RCRA
			 permit modification.
(c) The plan
			 must describe arrangements agreed to by local police departments, fire
			 departments, hospitals, contractors, and State and local emergency response
			 teams to coordinate emergency services, pursuant to § 264.37.
(d) The plan must list names, addresses, and
			 phone numbers (office and home) of all persons qualified to act as emergency
			 coordinator (see § 264.55), and this list must be kept up to date. Where
			 more than one person is listed, one must be named as primary emergency
			 coordinator and others must be listed in the order in which they will assume
			 responsibility as alternates. For new facilities, this information must be
			 supplied to the Director at the time of certification, rather than at the time
			 of permit application.
(e) The plan
			 must include a list of all emergency equipment at the facility (such as fire
			 extinguishing systems, spill control equipment, communications and alarm
			 systems (internal and external), and decontamination equipment), where this
			 equipment is required. This list must be kept up to date. In addition, the plan
			 must include the location and a physical description of each item on the list,
			 and a brief outline of its capabilities.
(f) The plan must include an evacuation plan
			 for facility personnel where there is a possibility that evacuation could be
			 necessary. This plan must describe signal(s) to be used to begin evacuation,
			 evacuation routes, and alternate evacuation routes (in cases where the primary
			 routes could be blocked by releases of hazardous waste or fires).
§ 264.53
Copies of contingency plan
A copy of the contingency plan and all revisions to the plan
				must be:
(a) Maintained at the
			 facility; and
(b) Submitted to all
			 local police departments, fire departments, hospitals, and State and local
			 emergency response teams that may be called upon to provide emergency services.
[Comment: The contingency plan must be submitted to the
				Director with Part B of the permit application under Section 270, of this rule
				and, after modification or approval, will become a condition of any permit
				issued.]
§
			 264.54
Amendment of contingency plan
The contingency plan must be reviewed, and immediately amended,
				if necessary, whenever:
(a) The
			 facility permit is revised;
(b) The
			 plan fails in an emergency;
(c) The
			 facility changes - in its design, construction, operation, maintenance, or
			 other circumstances - in a way that materially increases the potential for
			 fires, explosions, or releases of hazardous waste or hazardous waste
			 constituents, or changes the response necessary in an emergency;
(d) The list of emergency coordinators
			 changes; or
(e) The list of
			 emergency equipment changes.
§
			 264.55
Emergency coordinator
At all times, there must be at least one employee either on the
				facility premises or on call (i.e., available to respond to an emergency by
				reaching the facility within a short period of time) with the responsibility
				for coordinating all emergency response measures. This emergency coordinator
				must be thoroughly familiar with all aspects of the facility's contingency
				plan, all operations and activities at the facility, the location and
				characteristics of waste handled, the location of all records within the
				facility, and the facility layout. In addition, this person must have the
				authority to commit the resources needed to carry out the contingency
				plan.
[Comment: The emergency coordinator's responsibilities are more
				fully spelled out in § 264.56. Applicable responsibilities for the
				emergency coordinator vary, depending on factors such as type and variety of
				waste(s) handled by the facility, and type and complexity of the
				facility.]
§ 264.56
Emergency procedures
(a) Whenever
			 there is an imminent or actual emergency situation, the emergency coordinator
			 (or his designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or
			 communication systems, where applicable, to notify all facility personnel;
			 and
(2) Notify appropriate State or
			 local agencies with designated response roles if their help is
			 needed.
(b) Whenever
			 there is a release, fire, or explosion, the emergency coordinator must
			 immediately identify the character, exact source, amount, and areal extent of
			 any released materials. He may do this by observation or review of facility
			 records or manifests, and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator
			 must assess possible hazards to human health or the environment that may result
			 from the release, fire, or explosion. This assessment must consider both direct
			 and indirect effects of the release, fire, or explosion (e.g., the effects of
			 any toxic, irritating, or asphyxiating gases that are generated, or the effects
			 of any hazardous surface water run-off from water or chemical agents used to
			 control fire and heat-induced explosions).
(d) If the emergency coordinator determines
			 that the facility has had a release, fire, or explosion which could threaten
			 human health, or the environment, outside the facility, he must report his
			 findings as follows:
(1) If his assessment
			 indicates that evacuation of local areas may be advisable, he must immediately
			 notify appropriate local authorities. He must be available to help appropriate
			 officials decide whether local areas should be evacuated; and
(2) He must immediately notify either the
			 government official designated as the on-scene coordinator for that
			 geographical area, or the National Response Center (using their 24-hour toll
			 free number, 1-800-424-8802). The report must include:
(i) Name and telephone number of
			 reporter;
(ii) Name and address of
			 facility;
(iii) Time and type of
			 incident (e.g., release, fire);
(iv) Name and quantity of material(s)
			 involved, to the extent known;
(v)
			 The extent of injuries, if any; and
(vi) The possible hazards to human health, or
			 the environment, outside the facility.
(e) During an emergency, the emergency
			 coordinator must take all reasonable measures necessary to ensure that fires,
			 explosions, and releases do not occur, recur, or spread to other hazardous
			 waste at the facility. These measures must include, where applicable, stopping
			 processes and operations, collecting and containing release waste, and removing
			 or isolating containers.
(f) If the
			 facility stops operations in response to a fire, explosion, or release, the
			 emergency coordinator must monitor for leaks, pressure buildup, gas generation,
			 or ruptures in valves, pipes, or other equipment, wherever this is
			 appropriate.
(g) Immediately after
			 an emergency, the emergency coordinator must provide for treating, storing, or
			 disposing of recovered waste, contaminated soil or surface water, or any other
			 material that results from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can demonstrate, in
				accordance with § 261.3(c) or (d) of this rule, that the recovered
				material is not a hazardous waste, the owner or operator becomes a generator of
				hazardous waste and must manage it in accordance with all applicable
				requirements of Sections 262, 263, and 264 of this rule.]
(h) The emergency coordinator must ensure
			 that, in the affected area(s) of the facility:
(1) No waste that may be incompatible with
			 the released material is treated, stored, or disposed of until cleanup
			 procedures are completed; and
(2)
			 All emergency equipment listed in the contingency plan is cleaned and fit for
			 its intended use before operations are resumed.
(i) The owner or operator must note in the
			 operating record the time, date, and details of any incident that requires
			 implementing the contingency plan. Within 15 days after the incident, he must
			 submit a written report on the incident to the Director. The report must
			 include:
(1) Name, address, and telephone
			 number of the owner or operator;
(2) Name, address, and telephone number of
			 the facility;
(3) Date, time, and
			 type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s)
			 involved;
(5) The extent of
			 injuries, if any;
(6) An assessment
			 of actual or potential hazards to human health or the environment, where this
			 is applicable; and
(7) Estimated
			 quantity and disposition of recovered material that resulted from the
			 incident.
Subsection E
-- Manifest System,
			 Recordkeeping, and Reporting
§
			 264.70
Applicability
(a) The rules in this Subsection apply to
			 owners and operators of both on-site and off-site facilities, except as §
			 264.1 provides otherwise. Sections 264.71, 264.72, and 264.76 do not apply to
			 owners and operators of on-site facilities that do not receive any hazardous
			 waste from off-site sources, and to owners and operators of off-site facilities
			 with respect to waste military munitions exempted from manifest requirements
			 under Section 266.203(a) of this rule.
(b) The revised Manifest form and procedures
			 in 40 CFR and Sections 260.10, 261.7, 264.70, 264.71. 264.72, and 264.76 of
			 this Rule, shall not apply until September 5, 2006. The Manifest form and
			 procedures in
			 40
			 CFR 260.10,
			 261.7,
			 264.70,
			 264.71.
			 264.72, and 264.76, contained in the 40 CFR, parts 260 to 265, edition revised
			 as of July 1, 2004, shall be applicable until September 5, 2006.
§ 264.71
Use
			 of manifest system
(a)
(1) If a facility receives hazardous waste
			 accompanied by a manifest, the owner, operator or his/her agent must sign and
			 date the manifest as indicated in paragraph (a)(2) to certify that the
			 hazardous waste covered by the manifest was received, that the hazardous waste
			 was received except as noted in the discrepancy space of the manifest, or that
			 the hazardous waste was rejected as noted in the manifest discrepancy
			 space.
(2) If a facility receives a
			 hazardous waste shipment accompanied by a manifest, the owner, operator or his
			 agent must:
(i) Sign and date each copy of
			 the manifest;
(ii) Note any
			 discrepancies (as defined in § 264.72(a)) on each copy of the
			 manifest;
(iii) Immediately give
			 the transporter at least one copy of the manifest;
(iv) Within 30 days of delivery, send a copy
			 (Page 2) of the manifest to the generator;
(v) Paper manifest submission requirements
			 are:
(A) Options for compliance on June 30,
			 2018. Beginning on June 30, 2018, send the top copy (Page 1) of any paper
			 manifest and any paper continuation sheet to the EPA's e-Manifest system for
			 purposes of data entry and processing, or in lieu of submitting the paper copy
			 to EPA, the owner or operator may transmit to the EPA system an image file of
			 Page 1 of the manifest and any continuation sheet, or both a data file and
			 image file corresponding to Page 1 of the manifest and any continuation sheet,
			 within 30 days of the date of delivery. Submissions of copies to the e-Manifest
			 system shall be made at the mailing address or electronic mail/submission
			 address specified at the e-Manifest program website's directory of services.
			 Beginning on June 30, 2021, EPA will not accept mailed paper manifests from
			 facilities for processing in e-Manifest.
(B) Options for compliance on June 30,
			 2021
.
Beginning on June 30, 2021, the requirement to submit
			 the top copy (Page 1) of the paper manifest and any paper continuation sheet to
			 the e-Manifest system for purposes of data entry and processing may be met by
			 the owner or operator only by transmitting to the EPA system an image file of
			 Page 1 of the manifest and any continuation sheet, or by transmitting to the
			 EPA system both a data file and the image file corresponding to Page 1 of the
			 manifest and any continuation sheet, within 30 days of the date of delivery.
			 Submissions of copies to the e-Manifest system shall be made to the electronic
			 mail/submission address specified at the e-Manifest program website's directory
			 of services; and
(vi)
			 Retain at the facility a copy of each manifest for at least three years from
			 the date of delivery.
(3) The owner or operator of a facility
			 receiving hazardous waste subject to section 262, subsection H from a foreign
			 source must:
(i) Additionally list the
			 relevant consent number from consent documentation supplied by EPA to the
			 facility for each waste listed on the manifest, matched to the relevant list
			 number for the waste from block 9b. If additional space is needed, the owner or
			 operator should use a Continuation Sheet(s) (EPA Form 8700-22A); and
(ii) Send a copy of the manifest within
			 thirty (30) days of delivery to EPA using the addresses listed in §
			 262.82(e) until the facility can submit such a copy to the e-Manifest system
			 per paragraph (a)(2)(v) of this section.
(b) If a facility receives, from a rail or
			 water (bulk shipment) transporter, hazardous waste which is accompanied by a
			 shipping paper containing all the information required on the manifest
			 (excluding the EPA identification numbers, generator's certification, and
			 signatures), the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest
			 or shipping paper (if the manifest has not been received) to certify that the
			 hazardous waste covered by the manifest or shipping paper was
			 received;
(2) Note any significant
			 discrepancies (as defined in § 264.72(a)) in the manifest or shipping
			 paper (if the manifest has not been received) on each copy of the manifest or
			 shipping paper.
[Comment: The Division and EPA do not intend that the owner or
				operator of a facility whose procedures under § 264.13(c) include waste
				analysis must perform that analysis before signing the shipping paper and
				giving it to the transporter. Section 264.72(b), however, requires reporting an
				unreconciled discrepancy discovered during later analysis.]
(3) Immediately give the rail or water (bulk
			 shipment) transporter at least one copy of the manifest or shipping paper (if
			 the manifest has not been received);
(4) Within 30 days after the delivery, send a
			 copy of the signed and dated manifest or a signed and dated copy of the
			 shipping paper (if the manifest has not been received within 30 days after
			 delivery) to the generator, and
[Comment: Section 262.23(c) of this rule requires the generator
				to send three copies of the manifest to the facility when hazardous waste is
				sent by rail or water (bulk shipment).]
(5) Retain at the facility a copy of the
			 manifest and shipping paper (if signed in lieu of the manifest at the time of
			 delivery) for at least three years from the date of
			 delivery.
(c) Whenever a
			 shipment of hazardous waste is initiated from a facility, the owner or operator
			 of that facility must comply with the requirements of Section 262 of this rule.
			 The provisions of §§ 262.15, 262.16, and 262.17 of this rule are
			 applicable to the on-site accumulation of hazardous wastes by generators.
			 Therefore, the provisions of §§ 262.15, 262.16, and 262.17 of this
			 rule only apply to owners or operators who are shipping hazardous waste which
			 they generated at that facility or operating as a large quantity generator
			 consolidating hazardous waste from very small quantity generators under §
			 262.17(f).
(d) As per §
			 262.84(d)(2)(xv), within three (3) working days of the receipt of a shipment
			 subject to section 262, subsection H, the owner or operator of a facility must
			 provide a copy of the movement document bearing all required signatures to the
			 foreign exporter; to the competent authorities of the countries of export and
			 transit that control the shipment as an export and transit of hazardous waste
			 respectively; and on or after the electronic import-export reporting compliance
			 date, to EPA electronically using EPA's Waste Import Export Tracking System
			 (WIETS), or its successor system. The original copy of the movement document
			 must be maintained at the facility for at least three (3) years from the date
			 of signature. The owner or operator of a facility may satisfy this
			 recordkeeping requirement by retaining electronically submitted documents in
			 the facility's account on EPA's Waste Import Export Tracking System (WIETS), or
			 its successor system, provided that copies are readily available for viewing
			 and production if requested by any EPA or authorized state inspector. No owner
			 or operator of a facility may be held liable for the inability to produce the
			 documents for inspection under this section if the owner or operator of a
			 facility can demonstrate that the inability to produce the document is due
			 exclusively to technical difficulty with EPA's Waste Import Export Tracking
			 System (WIETS), or its successor system, for which the owner or operator of a
			 facility bears no responsibility.
(e)
Treatment, storage, and disposal
			 facilities shall notify this Division and the Arkansas Highway Police of any
			 unpermitted transporters arriving at their gates or attempting to deliver
			 hazardous waste to their facility
.
(f) A facility must determine whether the
			 consignment state for a shipment regulates any additional wastes (beyond those
			 regulated Federally) as hazardous wastes under its state hazardous waste
			 program. Facilities must also determine whether the consignment state or
			 generator state requires the facility to submit any copies of the manifest to
			 these states.
(g) Legal equivalence
			 to paper manifests. Electronic manifests that are obtained, completed, and
			 transmitted in accordance with § 262.20(a)(3), and used in accordance with
			 this section in lieu of the paper manifest form are the legal equivalent of
			 paper manifest forms bearing handwritten signatures, and satisfy for all
			 purposes any requirement in these rules to obtain, complete, sign, provide,
			 use, or retain a manifest.
(1) Any requirement
			 in these rules for the owner or operator of a facility to sign a manifest or
			 manifest certification by hand, or to obtain a handwritten signature, is
			 satisfied by signing with or obtaining a valid and enforceable electronic
			 signature within the meaning of
			 40 C.F.R. §
														262.25(a).
(2) Any requirement in these rules to give,
			 provide, send, forward, or to return to another person a copy of the manifest
			 is satisfied when a copy of an electronic manifest is transmitted to the other
			 person.
(3) Any requirement in
			 these rules for a manifest to accompany a hazardous waste shipment is satisfied
			 when a copy of an electronic manifest is accessible during transportation and
			 forwarded to the person or persons who are scheduled to receive delivery of the
			 waste shipment.
(4) Any requirement
			 in these rules for an owner or operator to keep or retain a copy of each
			 manifest is satisfied by the retention of the facility's electronic manifest
			 copies in its account on the e-Manifest system, provided that such copies are
			 readily available for viewing and production if requested by any EPA or
			 authorized state inspector.
(5) No
			 owner or operator may be held liable for the inability to produce an electronic
			 manifest for inspection under this section if the owner or operator can
			 demonstrate that the inability to produce the electronic manifest is due
			 exclusively to a technical difficulty with the electronic manifest system for
			 which the owner or operator bears no responsibility.
(h) An owner or operator may participate in
			 the electronic manifest system either by accessing the electronic manifest
			 system from the owner's or operator's electronic equipment, or by accessing the
			 electronic manifest system from portable equipment brought to the owner's or
			 operator's site by the transporter who delivers the waste shipment to the
			 facility.
(i) Special procedures
			 applicable to replacement manifests. If a facility receives hazardous waste
			 that is accompanied by a paper replacement manifest for a manifest that was
			 originated electronically, the following procedures apply to the delivery of
			 the hazardous waste by the final transporter:
(1) Upon delivery of the hazardous waste to
			 the designated facility, the owner or operator must sign and date each copy of
			 the paper replacement manifest by hand in Item 20 (Designated Facility
			 Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy
			 Indication Space) of the paper replacement manifest.
(2) The owner or operator of the facility
			 must give back to the final transporter one copy of the paper replacement
			 manifest.
(3) Within 30 days of
			 delivery of the waste to the designated facility, the owner or operator of the
			 facility must send one signed and dated copy of the paper replacement manifest
			 to the generator, and send an additional signed and dated copy of the paper
			 replacement manifest to the electronic manifest system, and
(4) The owner or operator of the facility
			 must retain at the facility one copy of the paper replacement manifest for at
			 least three years from the date of delivery.
(j) Special procedures applicable to
			 electronic signature methods undergoing tests. If an owner or operator using an
			 electronic manifest signs this manifest electronically using an electronic
			 signature method which is undergoing pilot or demonstration tests aimed at
			 demonstrating the practicality or legal dependability of the signature method,
			 then the owner or operator shall also sign with an ink signature the facility's
			 certification of receipt or discrepancies on the printed copy of the manifest
			 provided by the transporter. Upon executing its ink signature on this printed
			 copy, the owner or operator shall retain this original copy among its records
			 for at least 3 years from the date of delivery of the waste.
(k) Imposition of user fee for manifest
			 submissions:
(1) As prescribed in 40 CFR Part
			 264.1311, and determined in 40 CFR Part 264.1312, an owner or operator who is a
			 user of the electronic manifest system shall be assessed a user fee by EPA for
			 the submission and processing of each electronic and paper manifest. EPA shall
			 update the schedule of user fees and publish them to the user community, as
			 provided in 40 CFR Part 264.1313.
(2) An owner or operator subject to user fees
			 under this section shall make user fee payments in accordance with the
			 requirements of 40 CFR Part 264.1314, subject to the informal fee dispute
			 resolution process of 40 CFR Part 264.1316, and subject to the sanctions for
			 delinquent payments under 40 CFR Part 264.1315.
(l) Electronic Manifest Signatures.
			 Electronic manifest signatures shall meet the criteria described in §
			 262.25(a) of this Chapter.
(m)
			 Post-receipt manifest data corrections. After facilities have certified to the
			 receipt of hazardous wastes by signing Item 20 of the manifest, any
			 post-receipt data corrections may be submitted at any time by any interested
			 person (e.g., waste handler) shown on the manifest.
(1) Interested persons must make all
			 corrections to manifest data by electronic submission, either by directly
			 entering corrected data to the web based service provided in e-Manifest for
			 such corrections, or by an upload of a data file containing data corrections
			 relating to one or more previously submitted manifests.
(2) Each correction submission must include
			 the following information:
(i) The Manifest
			 Tracking Number and date of receipt by the facility of the original manifest(s)
			 for which data are being corrected;
(ii) The item number(s) of the original
			 manifest that is the subject of the submitted correction(s); and
(iii) For each item number with corrected
			 data, the data previously entered and the corresponding data as corrected by
			 the correction submission.
(3) Each correction submission shall include
			 a statement that the person submitting the corrections certifies that to the
			 best of his or her knowledge or belief, the corrections that are included in
			 the submission will cause the information reported about the previously
			 received hazardous wastes to be true, accurate, and complete:
(i) The certification statement must be
			 executed with a valid electronic signature; and
(ii) A batch upload of data corrections may
			 be submitted under one certification statement.
(4) Upon receipt by the system of any
			 correction submission, other interested persons shown on the manifest will be
			 provided electronic notice of the submitter's corrections.
(5) Other interested persons shown on the
			 manifest may respond to the submitter's corrections with comments to the
			 submitter, or by submitting another correction to the system, certified by the
			 respondent as specified in paragraph (m)(3) of this section, and with notice of
			 the corrections to other interested persons shown on the
			 manifest.
§
			 264.72
Manifest discrepancies
(a) Manifest discrepancies are:
(1) Significant differences (as defined by
			 paragraph (b) of this section) between the quantity or type of hazardous waste
			 designated on the manifest or shipping paper, and the quantity and type of
			 hazardous waste a facility actually receives;
(2) Rejected wastes, which may be a full or
			 partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues
			 that exceed the quantity limits for "empty" containers set forth in §
			 261.7(b) of this rule.
(b) Significant differences in quantity are:
			 For bulk waste, variations greater than 10 percent in weight; for batch waste,
			 any variation in piece count, such as a discrepancy of one drum in a truckload.
			 Significant differences in type are obvious differences which can be discovered
			 by inspection or waste analysis, such as waste solvent substituted for waste
			 acid, or toxic constituents not reported on the manifest or shipping
			 paper.
(c) Upon discovering a
			 significant discrepancy, the owner or operator must attempt to reconcile the
			 discrepancy with the waste generator or transporter (e.g., with telephone
			 conversations). If the discrepancy is not resolved within 15 days after
			 receiving the waste, the owner or operator must immediately submit to the
			 Director a letter describing the discrepancy and attempts to reconcile it, and
			 a copy of the manifest or shipping paper at issue.
(d)
(1)
			 Upon rejecting waste or identifying a container residue that exceeds the
			 quantity limits for "empty" containers set forth in Section 261.7(b) of this
			 Rule, the facility must consult with the generator prior to forwarding the
			 waste to another facility that can manage the waste. If it is impossible to
			 locate an alternative facility that can receive the waste, the facility may
			 return the rejected waste or residue to the generator. The facility must send
			 the waste to the alternative facility or to the generator within 60 days of the
			 rejection or the container residue identification.
(2) While the facility is making arrangements
			 for forwarding rejected wastes or residues to another facility under this
			 section, it must ensure that either the delivering transporter retains custody
			 of the waste, or, the facility must provide for secure, temporary custody of
			 the waste, pending delivery of the waste to the first transporter designated on
			 the manifest prepared under paragraph (e) or (f) of this Section.
(e) Except as provided
			 in paragraph (e)(7) of this section, for full or partial load rejections and
			 residues that are to be sent off-site to an alternate facility, the facility is
			 required to prepare a new manifest in accordance with § 262.20(a) of this
			 Rule and the following instructions:
(1)
			 Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write
			 the generator's name and mailing address in Item 5 of the new manifest. If the
			 mailing address is different from the generator's site address, then write the
			 generator's site address in the designated space for Item 5.
(2) Write the name of the alternate
			 designated facility and the facility's U.S. EPA ID number in the designated
			 facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found
			 in Item 4 of the old manifest to the Special Handling and Additional
			 Information Block of the new manifest, and indicate that the shipment is a
			 residue or rejected waste from the previous shipment,
(4) Copy the manifest tracking number found
			 in Item 4 of the new manifest to the manifest reference number line in the
			 Discrepancy Block of the old manifest (Item 18a).
(5) Write the DOT description for the
			 rejected load or the residue in Item 9 (U.S. DOT Description) of the new
			 manifest and write the container types, quantity, and volume(s) of
			 waste.
(6) Sign the
			 Generator's/Offeror's Certification to certify, as the offeror of the shipment,
			 that the waste has been properly packaged, marked and labeled and is in proper
			 condition for transportation, and mail a signed copy of the manifest to the
			 generator identified in Item 5 of the new manifest.
(7) For full load rejections that are made
			 while the transporter remains present at the facility, the facility may forward
			 the rejected shipment to the alternate facility by completing Item 18b of the
			 original manifest and supplying the information on the next destination
			 facility in the Alternate Facility space. The facility must retain a copy of
			 this manifest for its records, and then give the remaining copies of the
			 manifest to the transporter to accompany the shipment. If the original manifest
			 is not used, then the facility must use a new manifest and comply with
			 paragraphs (e)(1), (2), (3), (4), (5), and (6) of this
			 Section.
(f) Except as
			 provided in paragraph (f)(7) of this section, for rejected wastes and residues
			 that must be sent back to the generator, the facility is required to prepare a
			 new manifest in accordance with § 262.20(a) of this Rule and the following
			 instructions:
(1) Write the facility's U.S.
			 EPA ID number in Item 1 of the new manifest. Write the facility's name and
			 mailing address in Item 5 of the new manifest. If the mailing address is
			 different from the facility's site address, then write the facility's site
			 address in the designated space for Item 5 of the new manifest.
(2) Write the name of the initial generator
			 and the generator's U.S. EPA ID number in the designated facility block (Item
			 8) of the new manifest.
(3) Copy
			 the manifest tracking number found in Item 4 of the old manifest to the Special
			 Handling and Additional Information Block of the new manifest, and indicate
			 that the shipment is a residue or rejected waste from the previous
			 shipment,
(4) Copy the manifest
			 tracking number found in Item 4 of the new manifest to the manifest reference
			 number line in the Discrepancy Block of the old manifest (Item 18a),
(5) Write the DOT description for the
			 rejected load or the residue in Item 9 (U.S. DOT Description) of the new
			 manifest and write the container types, quantity, and volume(s) of
			 waste.
(6) Sign the
			 Generator's/Offeror's Certification to certify, as offeror of the shipment,
			 that the waste has been properly packaged, marked and labeled and is in proper
			 condition for transportation,
(7)
			 For full load rejections that are made while the transporter remains at the
			 facility, the facility may return the shipment to the generator with the
			 original manifest by completing Item 18a and 18b of the manifest and supplying
			 the generator's information in the Alternate Facility space. The facility must
			 retain a copy for its records and then give the remaining copies of the
			 manifest to the transporter to accompany the shipment. If the original manifest
			 is not used, then the facility must use a new manifest and comply with
			 paragraphs (f)(1), (2), (3), (4), (5), (6), and (8) of this
			 Subsection.
(8) For full or partial
			 load rejections and container residues contained in non-empty containers that
			 are returned to the generator, the facility must also comply with the exception
			 reporting requirements in § 262.42(a) of this rule.
(g) If a facility rejects a waste or
			 identifies a container residue that exceeds the quantity limits for "empty"
			 containers set forth in § 261.7(b) of this rule after it has signed,
			 dated, and returned a copy of the manifest to the delivering transporter or to
			 the generator, the facility must amend its copy of the manifest to indicate the
			 rejected wastes or residues in the discrepancy space of the amended manifest.
			 The facility must also copy the manifest tracking number from Item 4 of the new
			 manifest to the Discrepancy space of the amended manifest, and must re-sign and
			 date the manifest to certify to the information as amended. The facility must
			 retain the amended manifest for at least three years from the date of
			 amendment, and must within 30 days, send a copy of the amended manifest to the
			 transporter and generator that received copies prior to their being amended.
§ 264.73
Operating record
(a) The owner
			 or operator must keep a written operating record at his facility.
(b) The following information must be
			 recorded, as it becomes available, and maintained in the operating record for
			 three years unless noted as follows:
(1) A
			 description and the quantity of each hazardous waste received, and the
			 method(s) and date(s) of its treatment, storage, or disposal at the facility as
			 required by Appendix I; to this Section. This information must be maintained in
			 the operating record until closure of the facility;
(2) The location of each hazardous waste
			 within the facility and the quantity at each location. For disposal facilities,
			 the location and quantity of each hazardous waste must be recorded on a map or
			 diagram that shows each cell or disposal area. For all facilities,this
			 information must include cross-references to manifest document numbers if the
			 waste was accompanied by a manifest. This information must be maintained in the
			 operating record until closure of the facility;
[Comment: See § 264.119 for related requirements.]
(3) Records and results of waste
			 analyses performed as specified in §§ 264.13, 264.17, 264.314,
			 264.341, 264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this
			 rule.
(4) Summary reports and
			 details of all incidents that require implementing the contingency plan as
			 specified in § 264.56(j);
(5)
			 Records and results of inspections as required by § 264.15(d) (except
			 these data need be kept only three years);
(6) Monitoring, testing or analytical data,
			 and corrective action where required by Subsection F of this Section and
			 Sections 264.19, 264.191, 264.193, 264.195, 264.222, 264.223, 264.226,
			 264.252-264.254, 264.276, 264.278, 264.280, 264.302-264.304, 264.309, 264.602,
			 264.1034(c)-264.1034(f), 264.1035, 264.1063(d)-264.1063(i), 264.1064, and
			 264.1082 through 264.1090 of this Section. This information must be maintained
			 in the operating record for three years, except for records and results
			 pertaining to groundwater monitoring and cleanup which must be maintained in
			 the operating record until closure of the facility.
(7) For off-site facilities, notices to
			 generators as specified in § 264.12(b); and
(8) All closure cost estimates under §
			 264.142, and, for disposal facilities, all postclosure cost estimates under
			 § 264.144 of this Section. This information must be maintained in the
			 operating record until closure of the facility.
(9) A certification by the permittee no less
			 often than annually, that the permittee has a program in place to reduce the
			 volume and toxicity of hazardous waste that he generates to the degree
			 determined by the permittee to be economically practicable; and the proposed
			 method of treatment, storage or disposal is that practicable method currently
			 available to the permittee which minimizes the present and future threat to
			 human health and the environment.
(10) Records of the quantities (and date of
			 placement) for each shipment of hazardous waste placed in land disposal units
			 under an extension to the effective date of any land disposal restriction
			 granted pursuant to § 268.5 of this Rule, a petition pursuant to §
			 268.6 of this Rule, or a certification under § 268.8 of this Rule, and the
			 applicable notice required by a generator under § 268.7(a) of this Rule.
			 This information must be maintained in the operating record until closure of
			 the facility.
(11) For an off-site
			 treatment facility, a copy of the notice, and the certification and
			 demonstration, if applicable, required by the generator or the owner or
			 operator under § 268.7 or § 268.8;
(12) For an on-site treatment facility, the
			 information contained in the notice (except the manifest number), and the
			 certification and demonstration if applicable, required by the generator or the
			 owner or operator under § 268.7 or § 268.8;
(13) For an off-site land disposal facility,
			 a copy of the notice, and the certification and demonstration if applicable,
			 required by the generator or the owner or operator of a treatment facility
			 under § 268.7 and § 268.8, whichever is applicable; and
(14) For an on-site land disposal facility,
			 the information contained in the notice required by the generator or owner or
			 operator of a treatment facility under § 268.7, except for the manifest
			 number, and the certification and demonstration if applicable, required under
			 § 268.8, whichever is applicable.
(15) For an off-site storage facility, a copy
			 of the notice, and the certification and demonstration if applicable, required
			 by the generator or the owner or operator under § 268.7 or §
			 268.8;
(16) For an on-site storage
			 facility, the information contained in the notice (except the manifest number),
			 and the certification and demonstration if applicable, required by the
			 generator or the owner or operator under § 268.7 or § 268.8;
			 and
(17) Any records required under
			 § 264.1(j)(13).
(18)
			 Monitoring, testing or analytical data where required by § 264.347 must be
			 maintained in the operating record for five years.
(19) Certifications as required by §
			 264.196(f) must be maintained in the operating record until closure of the
			 facility.
§
			 264.74
Availability, retention, and disposition of
			 records
(a) All records, including
			 plans, required under this Section must be furnished upon request, and made
			 available at all reasonable times for inspection, by any officer, employee, or
			 representative of the Division or EPA who is duly designated by the
			 Director.
(b) The retention period
			 for all records required under this Section is extended automatically during
			 the course of any unresolved enforcement action regarding the facility or as
			 requested by the Director.
(c) A
			 copy of records of waste disposal locations and quantities under §
			 264.73(b)(2) must be submitted to the Director and local land authority upon
			 closure of the facility.
§
			 264.75
Annual Report
The owner or operator of a treatment, storage or
				disposal facility must prepare and submit a single copy of an Annual Report to
				the Director not later than March 1, of each year. The Annual report must be
				submitted on forms or in an electronic format furnished or approved by the
				Division and in accordance with the annual instruction booklet provided by the
				Division. The report must cover facility activities during the previous
				calendar year and must include, at a minimum, the following information:
(a)
The EPA
			 identification number, name and address of the facility;
(b)
The calendar year covered by the
			 report;
(c)
For
			 offsite facilities, the EPA identification number of each hazardous waste
			 generator from which the facility received a hazardous waste during the year;
(d)
For imported
			 shipments, the report must give the name and address of the foreign generator;
(e)
A
			 description and the quantity of each hazardous waste the facility received
			 during the year. For offsite facilities, this information must be listed by EPA
			 identification number of each generator.
(f)
The method of treatment, storage,
			 or disposal for each hazardous waste;
(g)
The most recent closure cost
			 estimate under § 264.142, and, for disposal facilities, the most recent
			 post-closure cost estimate under § 264.144; and
(h)
For generators who treat, store,
			 or dispose of hazardous waste on-site, a description of the efforts under-taken
			 during the year to reduce the volume and toxicity of waste generated.
(i)
For generators who
			 treat, store, or dispose of hazardous waste on-site, a description of the
			 changes in volume and toxicity of waste actually achieved during the year in
			 comparison to previous years to the extent such information is available for
			 the years prior to 1984.
(j)
A certification signed by the
			 owner or operator of the facility or his authorized representative that the
			 report is true, accurate, and correct.
(k)
The owner or operator of a land
			 disposal facility must, in addition to the requirements above, submit
			 monitoring data under § 265.94(a)(2) (ii) and (iii), and (b)(2), in
			 accordance with the requirements set forth in the facility's permit.
(l)
Commercial hazardous
			 waste management facilities shall submit their Annual Report in an electronic
			 format as prescribed in the annual reporting instructions, or as otherwise
			 coordinated with the Division.
§ 264.76
Un-manifested waste
			 report
(a) If a facility accepts for
			 treatment, storage, or disposal any hazardous waste from an offsite source
			 without an accompanying manifest, or without an accompanying shipping paper as
			 described by § 263.20(e) of this Rule, and if the waste is not excluded
			 from the manifest requirement by this Rule, then the owner or operator must
			 prepare and submit a letter to the Director within 15 days after receiving the
			 waste. The unmanifested waste report must contain the following information:
(1) The EPA identification number, name and
			 address of the facility;
(2) The
			 date the facility received the waste;
(3) The EPA identification number, name and
			 address of the generator and the transporter, if available;
(4) A description and the quantity of each
			 unmanifested hazardous waste the facility received;
(5) The method of treatment, storage, or
			 disposal for each hazardous waste;
(6) The certification signed by the owner or
			 operator of the facility or his authorized representative; and,
(7) A brief explanation of why the waste was
			 unmanifested, if known.
(b) [Reserved]
[Comment: Where a facility receives unmanifested hazardous
				wastes, the Division suggests that the owner or operator obtain from each
				generator a certification that the waste qualifies for exclusion. Otherwise,
				the Division suggests that the owner or operator file an unmanifested waste
				report for the hazardous waste movement.]
§ 264.77
Additional reports
In addition to submitting the annual reports and un-manifested
				waste reports described in §§ 264.75 and 264.76, the owner or
				operator must also report to the Director:
(a) Releases, fires, and explosions as
			 specified in § 264.56(j);
(b)
			 Facility closures specified in § 264.115; and
(c) As otherwise required by Subsections F, K
			 through N, AA, BB, and CC of this Section.
Subsection F
-- Releases from Solid
			 Waste Management Units
§ 264.90
Applicability
(a)
(1) Except as provided in paragraph (b) of
			 this section, the Rules in this Subsection apply to owners or operators of
			 facilities that treat, store or dispose of hazardous waste. The owner or
			 operator must satisfy the requirements identified in paragraph (a)(2) of this
			 section for all wastes (or constituents thereof) contained in solid waste
			 management units at the facility, regardless of the time at which waste was
			 placed in such units.
(2) All solid
			 waste management units must comply with the requirements in § 264.101. A
			 surface impoundment, waste pile, and land treatment unit or landfill that
			 receives hazardous waste after July 26, 1982 (hereinafter referred to as a
			 "regulated unit") must comply with the requirements of §§ 264.91
			 through 264.100 in lieu of § 264.101 for purposes of detecting,
			 characterizing and responding to releases to the uppermost aquifer. The
			 financial responsibility requirements of § 264.101 apply to regulated
			 units.
(b) The owner or
			 operator's regulated unit or units are not subject to regulation for releases
			 into the uppermost aquifer under this Subsection if:
(1) The owner or operator is exempted under
			 § 264.1; or
(2) He operates a
			 unit which the Director finds:
(i) Is an
			 engineered structure,
(ii) Does not
			 receive or contain liquid waste or waste containing free liquids,
(iii) Is designed and operated to exclude
			 liquid, precipitation, and other run-on and run-off,
(iv) Has both inner and outer layers of
			 containment enclosing the waste,
(v)
			 Has a leak detection system built into each containment layer,
(vi) The owner or operator will provide
			 continuing operation and maintenance of these leak detection systems during the
			 active life of the unit and the closure and post-closure care periods,
			 and
(vii) To a reasonable degree of
			 certainty, will not allow hazardous constituents to migrate beyond the outer
			 containment layer prior to the end of the post-closure care period.
(3) The Director finds,
			 pursuant to § 264.280(d), that the treatment zone of a land treatment unit
			 that qualifies as a regulated unit does not contain levels of hazardous
			 constituents that are above background levels of those constituents by an
			 amount that is statistically significant, and if an unsaturated zone monitoring
			 program meeting the requirements of § 264.278 has not shown a
			 statistically significant increase in hazardous constituents below the
			 treatment zone during the operating life of the unit. An exemption under this
			 paragraph can only relieve an owner or operator of responsibility to meet the
			 requirements of this Subsection during the post-closure care period;
			 or
(4) The Director finds that
			 there is no potential for migration of liquid from a regulated unit to the
			 uppermost aquifer during the active life of the regulated unit (including the
			 closure period) and the port-closure care period specified under §
			 264.117. This demonstration must be certified by a qualified geologist or
			 geotechnical engineer. In order to provide an adequate margin of safety in the
			 prediction of potential migration of liquid, the owner or operator must base
			 any predictions made under this paragraph on assumptions that maximize the rate
			 of liquid migration.
(5) He designs
			 and operates a pile in compliance with § 264.250(c).
(c) The rules under this Subsection apply
			 during the active life of the regulated unit (including the closure period).
			 After closure of the regulated unit, the rules in this Subsection:
(1) Do not apply if all waste, waste
			 residues, contaminated containment system components, and contaminated subsoils
			 are removed or decontaminated at closure;
(2) Apply during the post-closure care period
			 under § 264.117 if the owner or operator is conducting a detection
			 monitoring program under § 264.98; or
(3) Apply during the compliance period under
			 § 264.96 if the owner or operator is conducting a compliance monitoring
			 program under § 264.99 or a corrective action program under §
			 264.100.
(d) Rules in
			 this Subsection may apply to miscellaneous units when necessary to comply with
			 §§ 264.601 through 264.603.
(e) The rules of this subpart apply to all
			 owners and operators subject to the requirements of § 270.1(c)(7), when
			 the Division issues either a post-closure permit or an enforceable document (as
			 defined in § 270.1(c)(7)) at the facility. When the Division issues an
			 enforceable document, references in this subpart to "in the permit'' mean "in
			 the enforceable document."
(f) The
			 Director may replace all or part of the requirements of §§ 264.91
			 through 264.100 applying to a regulated unit with alternative requirements for
			 groundwater monitoring and corrective action for releases to groundwater set
			 out in the permit (or in an enforceable document) (as defined in §
			 270.1(c)(7)) where the Director determines that:
(1) The regulated unit is situated among
			 solid waste management units (or areas of concern), a release has occurred, and
			 both the regulated unit and one or more solid waste management unit(s) (or
			 areas of concern) are likely to have contributed to the release; and
(2) It is not necessary to apply the
			 groundwater monitoring and corrective action requirements of §§
			 264.91 through 264.100 because alternative requirements will protect human
			 health and the environment.
§ 264.91
Required programs
(a) Owners and operators subject to this
			 Subsection must conduct a monitoring and response program as follows:
(1) Whenever hazardous constituents under
			 § 264.93 from a regulated unit are detected at a compliance point under
			 § 264.95, the owner or operator must institute a compliance monitoring
			 program under § 264.99. Detected is defined as statistically significant
			 evidence of contamination as described in § 264.98(f);
(2) Whenever the ground-water protection
			 standard under § 264.92 is exceeded, the owner or operator must institute
			 a corrective action program under § 264.100. Exceeded is defined as
			 statistically significant evidence of increased contamination as described in
			 § 264.99(d);
(3) Whenever
			 hazardous constituents under § 264.93 from a regulated unit exceed
			 concentration limits under § 264.94 in ground water between the compliance
			 point under § 264.95 and the down gradient facility property boundary, the
			 owner or operator must institute a corrective action program under §
			 264.100; or
(4) In all other cases,
			 the owner or operator must institute a detection monitoring program under
			 § 264.98.
(b) The
			 Director will specify in the facility permit the specific elements of the
			 monitoring and response program. The Director may include one or more of the
			 programs identified in paragraph (a) of this section in the facility permit as
			 may be necessary to protect human health and the environment and will specify
			 the circum-stances under which each of the programs will be required. In
			 deciding whether to require the owner or operator to be prepared to institute a
			 particular program, the Director will consider the potential adverse effects on
			 human health and the environment that might occur before final administrative
			 action on a permit modification application to incorporate such a program could
			 be taken.
§ 264.92
Ground-water protection standard
The owner or operator must comply with conditions specified in
				the facility permit that are designed to ensure that hazardous constituents
				under § 264.93 detected in the ground water from a regulated unit do not
				exceed the concentration limits under § 264.94 in the uppermost aquifer
				underlying the waste management area beyond the point of compliance under
				§ 264.95 during the compliance period under § 264.96. The Director
				will establish this ground-water protection standard in the facility permit
				when hazardous constituents have been detected in the ground water.
§ 264.93
Hazardous
			 constituents
(a) The Director will
			 specify in the facility permit the hazardous constituents to which the
			 ground-water protection standard of § 264.92 applies. Hazardous
			 constituents are constituents identified in Appendix VIII of Section 261 of
			 this rule that have been detected in ground water in the uppermost aquifer
			 underlying a regulated unit and that are reasonably expected to be in or
			 derived from waste contained in a regulated unit, unless the Director has
			 excluded them under paragraph (b) of this section.
(b) The Director will exclude an Appendix
			 VIII constituent from the list of hazardous constituents specified in the
			 facility permit if he finds that the constituent is not capable of posing a
			 substantial present or potential hazard to human health or the environment. In
			 deciding whether to grant an exemption, the Director will consider the
			 following:
(1) Potential adverse effects on
			 ground-water quality, considering:
(i) The
			 physical and chemical characteristics of the waste in the regulated unit,
			 including its potential for migration;
(ii) The hydrogeological characteristics of
			 the facility and surrounding land;
(iii) The quantity of ground water and the
			 direction of ground-water flow;
(iv) The proximity and withdrawal rates of
			 ground-water users;
(v) The current
			 and future uses of ground water in the area;
(vi) The existing quality of ground water,
			 including other sources of contamination and their cumulative impact on the
			 ground-water quality;
(vii) The
			 potential for health risks caused by human exposure to waste
			 constituents;
(viii) The potential
			 damage to wildlife, crops, vegetation, and physical structures caused by
			 exposure to waste constituents;
(ix) The persistence and permanence of the
			 potential adverse effects; and
(2) Potential adverse effects on
			 hydraulically-connected surface water quality, considering:
(i) The volume and physical and chemical
			 characteristics of the waste in the regulated unit;
(ii) The hydrogeological characteristics of
			 the facility and surrounding land;
(iii) The quantity and quality of ground
			 water, and the direction of ground-water flow;
(iv) The patterns of rainfall in the
			 region;
(v) The proximity of the
			 regulated unit to surface waters;
(vi) The current and future uses of surface
			 waters in the area and any water quality standards established for those
			 surface waters;
(vii) The existing
			 quality of surface water, including other sources of contamination and the
			 cumulative impact on surface-water quality;
(viii) The potential for health risks caused
			 by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops,
			 vegetation, and physical structures caused by exposure to waste constituents;
			 and
(x) The persistence and
			 permanence of the potential adverse effects.
(c) In making any determination under
			 paragraph (b) of this section about the use of ground water in the area around
			 the facility, the Director will consider any identification of underground
			 sources of drinking water and exempted aquifers made under
			 40 CFR
			 144.8.
§ 264.94
Concentration
			 limits
(a) The Director will specify
			 in the facility permit concentration limits in the ground water for hazardous
			 constituents established under § 264.93. The concentration of a hazardous
			 constituent:
(1) Must not exceed the
			 background level of that constituent in the ground water at the time that limit
			 is specified in the permit; or
(2)
			 For any of the constituents listed in Table 1, must not exceed the respective
			 value given in that table if the background level of the constituent is below
			 the value given in Table 1; or
Table 1
Maximum Concentration of Constituents for
Ground-water Protection
Constituent
Maximum
						  concentration1
Arsenic
0.05
Barium
1.0
Cadmium
0.01
Chromium
0.05
Lead
0.05
Mercury
0.002
Selenium
0.01
Silver
0.05
Endrin
0.0002
Lindane
0.004
Methoxychlor
0.1
Toxaphene
0.005
2,4-D
0.1
2,4,5-TP Silvex
0.01
1FOOTNOTE: Milligrams per
				liter.
(3) Must not exceed
			 an alternate limit established by the Director under paragraph (b) of this
			 section.
(b) The
			 Director will establish an alternate concentration limit for a hazardous
			 constituent if he finds that the constituent will not pose a substantial
			 present or potential hazard to human health or the environment as long as the
			 alternate concentration limit is not exceeded
.
In
			 establishing alternate concentration limits, the Director will consider the
			 following factors:
(1) Potential adverse
			 effects on ground-water quality, considering:
(i) The physical and chemical characteristics
			 of the waste in the regulated unit, including its potential for
			 migration;
(ii) The hydrogeological
			 characteristics of the facility and surrounding land;
(iii) The quantity of ground water and the
			 direction of ground-water flow;
(iv) The proximity and withdrawal rates of
			 ground-water users;
(v) The current
			 and future uses of ground water in the area;
(vi) The existing quality of ground water,
			 including other sources of contamination and their cumulative impact on the
			 ground-water quality;
(vii) The
			 potential for health risks caused by human exposure to waste
			 constituents;
(viii) The potential
			 damage to wildlife, crops, vegetation, and physical structures caused by
			 exposure to waste constituents;
(ix) The persistence and permanence of the
			 potential adverse effects; and
(2) Potential adverse effects on
			 hydraulically-connected surface-water quality, considering:
(i) The volume and physical and chemical
			 characteristics of the waste in the regulated unit;
(ii) The hydrogeological characteristics of
			 the facility and surrounding land;
(iii) The quantity and quality of ground
			 water, and the direction of ground-water flow;
(iv) The patterns of rainfall in the
			 region;
(v) The proximity of the
			 regulated unit to surface waters;
(vi) The current and future uses of surface
			 waters in the area and any water quality standards established for those
			 surface waters;
(vii) The existing
			 quality of surface water, including other sources of contamination and the
			 cumulative impact on surface water quality;
(viii) The potential for health risks caused
			 by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops,
			 vegetation, and physical structures caused by exposure to waste constituents;
			 and
(x) The persistence and
			 permanence of the potential adverse effects. (c) In making any determination
			 under paragraph (b) of this section about the use of ground water in the area
			 around the facility the Director will consider any identification of
			 underground sources of drinking water and exempted aquifers made under
			 40 CFR
			 144.8.
§
			 264.95
Point of compliance
(a) The Director will specify in the facility
			 permit the point of compliance at which the ground-water protection standard of
			 § 264.92 applies and at which monitoring must be conducted. The point of
			 compliance is a vertical surface located at the hydraulically down gradient
			 limit of the waste management area that extends down into the uppermost aquifer
			 underlying the regulated units.
(b)
			 The waste management area is the limit projected in the horizontal plane of the
			 area on which waste will be placed during the active life of a regulated unit.
(1) The waste management area includes
			 horizontal space taken up by any liner, dike, or other barrier designed to
			 contain waste in a regulated unit.
(2) If the facility contains more than one
			 regulated unit, the waste management area is described by an imaginary line
			 circumscribing the several regulated units.
§ 264.96
Compliance period
(a) The Director will specify in the facility
			 permit the compliance period during which the ground-water protection standard
			 of § 264.92 applies. The compliance period is the number of years equal to
			 the active life of the waste management area (including any waste management
			 activity prior to permitting, and the closure period.)
(b) The compliance period begins when the
			 owner or operator initiates a compliance monitoring program meeting the
			 requirements of § 264.99.
(c)
			 If the owner or operator is engaged in a corrective action program at the end
			 of the compliance period specified in paragraph (a) of this section, the
			 compliance period is extended until the owner or operator can demonstrate that
			 the ground-water protection standard of § 264.92 has not been exceeded for
			 a period of three consecutive years.
§ 264.97
General groundwater
			 monitoring requirements
The owner or operator must comply with the following
				requirements for any ground-water monitoring program developed to satisfy
				§ 264.98, § 264.99, or § 264.100:
(a) The ground-water monitoring system must
			 consist of a sufficient number of wells, installed at appropriate locations and
			 depths to yield ground-water samples from the uppermost aquifer that:
(1) Represent the quality of background water
			 that has not been affected by leakage from a regulated unit;
(i) A determination of background quality may
			 include sampling of wells that are not hydraulically upgradient of the waste
			 management area where:
(A) Hydrogeologic
			 conditions do not allow the owner or operator to determine what wells are
			 hydraulically upgradient; and
(B)
			 Sampling at other wells will provide an indication of background ground-water
			 quality that is representative or more representative than that provided by the
			 upgradient wells; and
(2) Represent the quality of ground water
			 passing the point of compliance.
(3) Allow for the detection of contamination
			 when hazardous waste or hazardous constituents have migrated from the waste
			 management area to the uppermost aquifer.
(b) If a facility contains more than one
			 regulated unit, separate ground-water monitoring systems are not required for
			 each regulated unit provided that provisions for sampling the ground water in
			 the uppermost aquifer will enable detection and measurement at the compliance
			 point of hazardous constituents from the regulated units that have entered the
			 ground water in the uppermost aquifer.
(c) All monitoring wells must be cased in a
			 manner that maintains the integrity of the monitoring-well bore hole. This
			 casing must be screened or perforated and packed with gravel or sand, where
			 necessary, to enable collection of ground-water samples. The annular space
			 (i.e., the space between the bore hole and well casing) above the sampling
			 depth must be sealed to prevent contamination of samples and the ground
			 water.
(d) The ground-water
			 monitoring program must include consistent sampling and analysis procedures
			 that are designed to ensure monitoring results that provide a reliable
			 indication of ground-water quality below the waste management area. At a
			 minimum the program must include procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and
			 shipment;
(3) Analytical
			 procedures; and
(4) Chain of
			 custody control.
(e) The
			 ground-water monitoring program must include sampling and analytical methods
			 that are appropriate for ground-water sampling and that accurately measure
			 hazardous constituents in ground-water samples.
(f) The ground-water monitoring program must
			 include a determination of the ground-water surface elevation each time ground
			 water is sampled.
(g) In detection
			 monitoring or where appropriate in compliance monitoring, data on each
			 hazardous constituent specified in the permit will be collected from background
			 wells and wells at the compliance point(s). The number and kinds of samples
			 collected to establish background shall be appropriate for the form of
			 statistical test employed, following generally accepted statistical principles.
			 The sample size shall be as large as necessary to ensure with reasonable
			 confidence that a contaminant release to ground water from a facility will be
			 detected. The owner or operator will determine an appropriate sampling
			 procedure and interval for each hazardous constituent listed in the facility
			 permit which shall be specified in the unit permit upon approval by the
			 Director. This sampling procedure shall be:
(1) A sequence of at least four samples,
			 taken at an interval that assures, to the greatest extent technically feasible,
			 that an independent sample is obtained, by reference to the uppermost aquifer's
			 effective porosity, hydraulic conductivity, and hydraulic gradient, and the
			 fate and transport characteristics of the potential contaminants, or
(2) an alternate sampling procedure proposed
			 by the owner or operator and approved by the Director.
(h) The owner or operator will specify one of
			 the following statistical methods to be used in evaluating ground-water
			 monitoring data for each hazardous constituent which, upon approval by the
			 Director, will be specified in the unit permit. The statistical test chosen
			 shall be conducted separately for each hazardous constituent in each well.
			 Where practical quantification limits (pql's) are used in any of the following
			 statistical procedures to comply with § 264.97(i)(5), the pql must be
			 proposed by the owner or operator and approved by the Director. Use of any of
			 the following statistical methods must be protective of human health and the
			 environment and must comply with the performance standards outlined in
			 paragraph (i) of this section.
(1) A
			 parametric analysis of variance (ANOVA) followed by multiple comparisons
			 procedures to identify statistically significant evidence of contamination. The
			 method must include estimation and testing of the contrasts between each
			 compliance well's mean and the background mean levels for each
			 constituent.
(2) An analysis of
			 variance (ANOVA) based on ranks followed by multiple comparisons procedures to
			 identify statistically significant evidence of contamination. The method must
			 include estimation and testing of the contrasts between each compliance well's
			 median and the background median levels for each constituent.
(3) A tolerance or prediction interval
			 procedure in which an interval for each constituent is established from the
			 distribution of the background data, and the level of each constituent in each
			 compliance well is compared to the upper tolerance or prediction
			 limit.
(4) A control chart approach
			 that gives control limits for each constituent.
(5) Another statistical test method submitted
			 by the owner or operator and approved by the Director.
(i) Any statistical method chosen under
			 § 264.97(h) for specification in the unit permit shall comply with the
			 following performance standards, as appropriate:
(1) The statistical method used to evaluate
			 ground-water monitoring data shall be appropriate for the distribution of
			 chemical parameters or hazardous constituents. If the distribution of the
			 chemical parameters or hazardous constituents is shown by the owner or operator
			 to be inappropriate for a normal theory test, then the data should be
			 transformed or a distribution-free theory test should be used. If the
			 distributions for the constituents differ, more than one statistical method may
			 be needed.
(2) If an individual
			 well comparison procedure is used to compare an individual compliance well
			 constituent concentration with background constituent concentrations or a
			 ground-water protection standard, the test shall be done at a Type I error
			 level no less than 0.01 for each testing period. If a multiple comparisons
			 procedure is used, the Type I experiment wise error rate for each testing
			 period shall be no less than 0.05; however, the Type I error of no less than
			 0.01 for individual well comparisons must be maintained. This performance
			 standard does not apply to tolerance intervals, prediction intervals or control
			 charts.
(3) If a control chart
			 approach is used to evaluate ground-water monitoring data, the specific type of
			 control chart and its associated parameter values shall be proposed by the
			 owner or operator and approved by the Director if he or she finds it to be
			 protective of human health and the environment.
(4) If a tolerance interval or a prediction
			 interval is used to evaluate groundwater monitoring data, the levels of
			 confidence and, for tolerance intervals, the percentage of the population that
			 the interval must contain, shall be proposed by the owner or operator and
			 approved by the Director if he or she finds these parameters to be protective
			 of human health and the environment. These parameters will be determined after
			 considering the number of samples in the background data base, the data
			 distribution, and the range of the concentration values for each constituent of
			 concern.
(5) The statistical method
			 shall account for data below the limit of detection with one or more
			 statistical procedures that are protective of human health and the environment.
			 Any practical quantification limit (pql) approved by the Director under §
			 264.97(h) that is used in the statistical method shall be the lowest
			 concentration level that can be reliably achieved within specified limits of
			 precision and accuracy during routine laboratory operating conditions that are
			 available to the facility.
(6) If
			 necessary, the statistical method shall include procedures to control or
			 correct for seasonal and spatial variability as well as temporal correlation in
			 the data.
(j)
			 Ground-water monitoring data collected in accordance with paragraph (g) of this
			 section including actual levels of constituents must be maintained in the
			 facility operating record. The Director will specify in the permit when the
			 data must be submitted for review.
§ 264.98
Detection monitoring
			 program
An owner or operator required to establish a detection
				monitoring program under this Subsection must, at a minimum, discharge the
				following responsibilities:
(a) The
			 owner or operator must monitor for indicator parameters (e.g., specific
			 conductance, total organic carbon, or total organic halogen), waste
			 constituents, or reaction products that provide a reliable indication of the
			 presence of hazardous constituents in ground water. The Director will specify
			 the parameters or constituents to be monitored in the facility permit, after
			 considering the following factors:
(1) The
			 types, quantities, and concentrations of constituents in wastes managed at the
			 regulated unit;
(2) The mobility,
			 stability, and persistence of waste constituents or their reaction products in
			 the unsaturated zone beneath the waste management area;
(3) The detectability of indicator
			 parameters, waste constituents, and reaction products in ground water;
			 and
(4) The concentrations or
			 values and coefficients of variation of proposed monitoring parameters or
			 constituents in the ground-water background.
(b) The owner or operator must install a
			 ground-water monitoring system at the compliance point as specified under
			 § 264.95. The ground-water monitoring system must comply with §
			 264.97(a)(2), (b), and (c).
(c) The
			 owner or operator must conduct a ground-water monitoring program for each
			 chemical parameter and hazardous constituent specified in the permit pursuant
			 to paragraph (a) of this section in accordance with § 264.97(g). The owner
			 or operator must maintain a record of ground-water analytical data as measured
			 and in a form necessary for the determination of statistical significance under
			 § 264.97(h).
(d) The Director
			 will specify the frequencies for collecting samples and conducting statistical
			 tests to determine whether there is statistically significant evidence of
			 contamination for any parameter or hazardous constituent specified in the
			 permit under paragraph (a) of this section in accordance with §
			 264.97(g).
(e) The owner or
			 operator must determine the ground-water flow rate and direction in the
			 uppermost aquifer at least annually.
(f) The owner or operator must determine
			 whether there is statistically significant evidence of contamination for any
			 chemical parameter of hazardous constituent specified in the permit pursuant to
			 paragraph (a) of this section at a frequency specified under paragraph (d) of
			 this section.
(1) In determining whether
			 statistically significant evidence of contamination exists, the owner or
			 operator must use the method(s) specified in the permit under § 264.97(h).
			 These method(s) must compare data collected at the compliance point(s) to the
			 background ground-water quality data.
(2) The owner or operator must determine
			 whether there is statistically significant evidence of contamination at each
			 monitoring well as the compliance point within a reasonable period of time
			 after completion of sampling. The Director will specify in the facility permit
			 what period of time is reasonable, after considering the complexity of the
			 statistical test and the availability of laboratory facilities to perform the
			 analysis of ground-water samples.
(g) If the owner or operator determines
			 pursuant to paragraph (f) of this section that there is statistically
			 significant evidence of contamination for chemical parameters or hazardous
			 constituents specified pursuant to paragraph (a) of this section at any
			 monitoring well at the compliance point, he or she must:
(1) Notify the Director of this finding in
			 writing within seven days. The notification must indicate what chemical
			 parameters or hazardous constituents have shown statistically significant
			 evidence of contamination;
(2)
			 Immediately sample the ground water in all monitoring wells and determine
			 whether constituents in the list of Appendix IX of this Section are present,
			 and if so, in what concentration. However, the Director, on a discretionary
			 basis, may allow sampling for a site-specific subset of constituents from the
			 Appendix IX list of this part and other representative/related waste
			 constituents.
(3) For any Appendix
			 IX compounds found in the analysis pursuant to paragraph (g)(2) of this
			 section, the owner or operator may resample within one month or at an
			 alternative site-specific schedule approved by the Director and repeat the
			 analysis for those compounds detected. If the results of the second analysis
			 confirm the initial results, then these constituents will form the basis for
			 compliance monitoring. If the owner or operator does not resample for the
			 compounds in paragraph (g)(2) of this section, the hazardous constituents found
			 during this initial Appendix IX analysis will form the basis for compliance
			 monitoring.
(4) Within 90 days,
			 submit to the Director an application for a permit modification to establish a
			 compliance monitoring program meeting the requirements of § 264.99. The
			 application must include the following information:
(i) An identification of the concentration or
			 any Appendix IX constituent detected in the ground water at each monitoring
			 well at the compliance point;
(ii)
			 Any proposed changes to the ground-water monitoring system at the facility
			 necessary to meet the requirements of § 264.99;
(iii) Any proposed additions or changes to
			 the monitoring frequency, sampling and analysis procedures or methods, or
			 statistical methods used at the facility necessary to meet the requirements of
			 § 264.99;
(iv) For each
			 hazardous constituent detected at the compliance point, a proposed
			 concentration limit under § 264.94(a) (1) or (2), or a notice of intent to
			 seek an alternate concentration limit under § 264.94(b); and
(5) Within 180 days,
			 submit to the Director:
(i) All data
			 necessary to justify an alternate concentration limit sought under §
			 264.94(b); and
(ii) An engineering
			 feasibility plan for a corrective action program necessary to meet the
			 requirement of § 264.100, unless:
(A) All
			 hazardous constituents identified under paragraph (g)(2) of this section are
			 listed in Table 1 of § 264.94 and their concentrations do not exceed the
			 respective values given in that Table; or
(B) The owner or operator has sought an
			 alternate concentration limit under § 264.94(b) for every hazardous
			 constituent identified under paragraph (g)(2) of this section.
(6) If the owner or
			 operator determines, pursuant to paragraph (f) of this section, that there is a
			 statistically significant difference for chemical parameters or hazardous
			 constituents specified pursuant to paragraph (a) of this section at any
			 monitoring well at the compliance point, he or she may demonstrate that a
			 source other than a regulated unit caused the contamination or that the
			 detection is an artifact caused by an error in sampling, analysis, or
			 statistical evaluation or natural variation in the ground water. The owner
			 operator may make a demonstration under this paragraph in addition to, or in
			 lieu of, submitting a permit modification application under paragraph (g)(4) of
			 this section; however, the owner or operator is not relieved of the requirement
			 to submit a permit modification application within the time specified in
			 paragraph (g)(4) of this section unless the demonstration made under this
			 paragraph successfully shows that a source other than a regulated unit caused
			 the increase, or that the increase resulted from error in sampling, analysis,
			 or evaluation. In making a demonstration under this paragraph, the owner or
			 operator must:
(i) Notify the Director in
			 writing within seven days of determining statistically significant evidence of
			 contamination at the compliance point that he intends to make a demonstration
			 under this paragraph;
(ii) Within
			 90 days, submit a report to the Director which demonstrates that a source other
			 than a regulated unit caused the contamination or that the contamination
			 resulted from error in sampling, analysis, or evaluation;
(iii) Within 90 days, submit to the Director
			 an application for a permit modification to make any appropriate changes to the
			 detection monitoring program facility; and
(iv) Continue to monitor in accordance with
			 the detection monitoring program established under this section.
(h)If the owner or
			 operator determines that the detection monitoring program no longer satisfies
			 the requirements of this section, he or she must, within 90 days, submit an
			 application for a permit modification to make any appropriate changes to the
			 program.
§ 264.99
Compliance monitoring program
An owner or operator required to establish a compliance
				monitoring program under this Subsection must, at a minimum, discharge the
				following responsibilities:
(a) The
			 owner or operator must monitor the ground water to determine whether regulated
			 units are in compliance with the ground-water protection standard under §
			 264.92. The Director will specify the ground-water protection standard in the
			 facility permit, including:
(1) A list of the
			 hazardous constituents identified under § 264.93;
(2) Concentration limits under § 264.94
			 for each of those hazardous constituents;
(3) The compliance point under § 264.95;
			 and
(4) The compliance period under
			 § 264.96.
(b) The
			 owner or operator must install a ground-water monitoring system at the
			 compliance point as specified under § 264.95. The ground-water monitoring
			 system must comply with § 264.97(a)(2), (b), and (c).
(c) The Director will specify the sampling
			 procedures and statistical methods appropriate for the constituents and the
			 facility, consistent with § 264.97 (g) and (h).
(1) The owner or operator must conduct a
			 sampling program for each chemical parameter or hazardous constituent in
			 accordance with § 264.97(g).
(2) The owner or operator must record
			 ground-water analytical data as measured and in form necessary for the
			 determination of statistical significance under § 264.97(h) for the
			 compliance period of the facility.
(d) The owner or operator must determine
			 whether there is statistically significant evidence of increased contamination
			 for any chemical parameter or hazardous constituent specified in the permit,
			 pursuant to paragraph (a) of this section, at a frequency specified under
			 paragraph (f) under this section.
(1) In
			 determining whether statistically significant evidence of increased
			 contamination exists, the owner or operator must use the method(s) specified in
			 the permit under § 264.97(h). The methods(s) must compare data collected
			 at the compliance point(s) to a concentration limit developed in accordance
			 with § 264.94.
(2) The owner
			 or operator must determine whether there is statistically significant evidence
			 of increased contamination at each monitoring well at the compliance point
			 within a reasonable time period after completion of sampling. The Director will
			 specify that time period in the facility permit, after considering the
			 complexity of the statistical test and the availability of laboratory
			 facilities to perform the analysis of ground-water samples.
(e) The owner or operator must determine the
			 ground-water flow rate and direction in the uppermost aquifer at least
			 annually.
(f) The Director will
			 specify the frequencies for collecting samples and conducting statistical tests
			 to determine statistically significant evidence of increased contamination in
			 accordance with § 264.97(g).
(g) Annually determine whether additional
			 hazardous constituents from Appendix IX are present in the uppermost aquifer;
			 consult with the Director to determine enhanced sampling event; report
			 concentration of additional constituents within seven days and add them to the
			 monitoring list.
(h) If the owner
			 or operator determines pursuant to paragraph (d) of this section that any
			 concentration limits under § 264.94 are being exceeded at any monitoring
			 well at the point of compliance he or she must:
(1) Notify the Director of this finding in
			 writing within seven days. The notification must indicate what concentration
			 limits have been exceeded.
(2)
			 Submit to the Director an application for a permit modification to establish a
			 corrective action program meeting the requirements of § 264.100 within 180
			 days, or within 90 days if an engineering feasibility study has been previously
			 submitted to the Director under § 264.98(g)(5). The application must at a
			 minimum include the following information:
(i)
			 A detailed description of corrective actions that will achieve compliance with
			 the ground-water protection standard specified in the permit under paragraph
			 (a) of this section; and
(ii) A
			 plan for a ground-water monitoring program that will demonstrate the
			 effectiveness of the corrective action. Such a ground-water monitoring program
			 may be based on a compliance monitoring program developed to meet the
			 requirements of this section.
(i) If the owner or operator determines,
			 pursuant to paragraph (d) of this section, that the ground-water concentration
			 limits under this section are being exceeded at any monitoring well at the
			 point of compliance, he or she may demonstrate that a source other than a
			 regulated unit caused the contamination or that the detection is an artifact
			 caused by an error in sampling, analysis, or statistical evaluation or natural
			 variation in the ground water. In making a demonstration under this paragraph,
			 the owner or operator must:
(1) Notify the
			 Director in writing within seven days that he intends to make a demonstration
			 under this paragraph;
(2) Within 90
			 days, submit a report to the Director which demonstrates that a source other
			 than a regulated unit caused the standard to be exceeded or that the apparent
			 noncompliance with the standards resulted from error in sampling, analysis, or
			 evaluation;
(3) Within 90 days,
			 submit to the Director an application for a permit modification to make any
			 appropriate changes to the compliance monitoring program at the facility;
			 and
(4) Continue to monitor in
			 accord with the compliance monitoring program established under this
			 section.
(j) If the owner
			 or operator determines that the compliance monitoring program no longer
			 satisfies the requirements of this section, he must, within 90 days, submit an
			 application for a permit modification to make any appropriate changes to the
			 program.
§ 264.100
Corrective action program
An owner or operator required to establish a corrective action
				program under this Subsection must, at a minimum, discharge the following
				responsibilities:
(a) The owner or
			 operator must take corrective action to ensure that regulated units are in
			 compliance with the ground-water protection standard under § 264.92. The
			 Director will specify the ground-water protection standard in the facility
			 permit, including:
(1) A list of the hazardous
			 constituents identified under § 264.93;
(2) Concentration limits under § 264.94
			 for each of those hazardous constituents;
(3) The compliance point under § 264.95;
			 and
(4) The compliance period under
			 § 264.96.
(b) The
			 owner or operator must implement a corrective action program that prevents
			 hazardous constituents from exceeding their respective concentration limits at
			 the compliance point by removing the hazardous waste constituents or treating
			 them in place. The permit will specify the specific measures that will be
			 taken.
(c) The owner or operator
			 must begin corrective action within a reasonable time period after the
			 ground-water protection standard is exceeded. The Director will specify that
			 time period in the facility permit. If a facility permit includes a corrective
			 action program in addition to a compliance monitoring program, the permit will
			 specify when the corrective action will begin and such a requirement will
			 operate in lieu of § 264.99(i)(2).
(d) In conjunction with a corrective action
			 program, the owner or operator must establish and implement a ground-water
			 monitoring program to demonstrate the effectiveness of the corrective action
			 program. Such a monitoring program may be based on the requirements for a
			 compliance monitoring program under § 264.99 and must be as effective as
			 that program in determining compliance with the ground-water protection
			 standard under § 264.92 and in determining the success of a corrective
			 action program under paragraph (e) of this section, where
			 appropriate.
(e) In addition to the
			 other requirements of this section, the owner or operator must conduct a
			 corrective action program to remove or treat in place any hazardous
			 constituents under § 264.93 that exceed concentration limits under §
			 264.94 in groundwater:
(1) Between the
			 compliance point under § 264.95 and the downgradient property boundary;
			 and
(2) Beyond the facility
			 boundary, where necessary to protect human health and the environment, unless
			 the owner or operator demonstrates to the satisfaction of the Director that,
			 despite the owner's or operator's best efforts, the owner or operator was
			 unable to obtain the necessary permission to undertake such action. The
			 owner/operator is not relieved of all responsibility to clean up a release that
			 has migrated beyond the facility boundary where off-site access is denied.
			 On-site measures to address such releases will be determined on a case-by-case
			 basis.
(3) Corrective action
			 measures under this paragraph must be initiated and completed within a
			 reasonable period of time considering the extent of contamination.
(4) Corrective action measures under this
			 paragraph may be terminated once the concentration of hazardous constituents
			 under § 264.93 is reduced to levels below their respective concentration
			 limits under § 264.94.
(f) The owner or operator must continue
			 corrective action measures during the compliance period to the extent necessary
			 to ensure that the ground-water protection standard is not exceeded. If the
			 owner or operator is conducting corrective action at the end of the compliance
			 period, he must continue that corrective action for as long as necessary to
			 achieve compliance with the groundwater protection standard. The owner or
			 operator may terminate corrective action measures taken beyond the period equal
			 to the active life of the waste management area (including the closure period)
			 if he can demonstrate, based on data from the ground-water monitoring program
			 under paragraph (d) of this section, that the groundwater protection standard
			 of § 264.92 has not been exceeded for a period of three consecutive
			 years.
(g) The owner or operator
			 must report in writing to the Director on the effectiveness of the corrective
			 action program. The owner or operator must submit these reports
			 annually.
(h) If the owner or
			 operator determines that the corrective action program no longer satisfies the
			 requirements of this section, he must, within 90 days, submit an application
			 for a permit modification to make any appropriate changes to the program.
§ 264.101
Corrective action for solid waste management units
(a) The owner or operator of a facility
			 seeking a permit for the treatment, storage or disposal of hazardous waste must
			 institute corrective action as necessary to protect human health and the
			 environment for all releases of hazardous waste or constituents from any solid
			 waste management unit at the facility, regardless of the time at which waste
			 was placed in such unit.
(b)
			 Corrective action will be specified in the permit in accordance with this
			 Subsection and Subsection S of this Section. The permit will contain schedules
			 of compliance for such corrective action (where such corrective action cannot
			 be completed prior to issuance of the permit) and assurances of financial
			 responsibility for completing such corrective action.
(c) The owner or operator must implement
			 corrective actions beyond the facility property boundary, where necessary to
			 protect human health and the environment, unless the owner or operator
			 demonstrates to the satisfaction of the Director that, despite the owner's or
			 operator's best efforts, the owner or operator was unable to obtain the
			 necessary permission to undertake such actions. The owner/operator is not
			 relieved of all responsibility to clean up a release that has migrated beyond
			 the facility boundary where off-site access is denied. On-site measures to
			 address such releases will be determined on a case-by-case basis. Assurances of
			 financial responsibility for such corrective action must be provided.
(d) This does not apply to remediation waste
			 management sites unless they are part of a facility subject to a permit for
			 treating, storing or disposing of hazardous wastes that are not remediation
			 wastes.
Subsection
			 G
-- Closure and Post-Closure
§ 264.110
Applicability
Except as § 264.1 provides otherwise:
(a) Sections 264.111 through 264.115 (which
			 concern closure) apply to the owners and operators of all hazardous waste
			 management facilities; and
(b)
			 Sections 264.116 through 264.120 (which concern post-closure care) apply to the
			 owners and operators of:
(1) All hazardous
			 waste disposal facilities; and
(2)
			 Waste piles and surface impoundments from which the owner or operator intends
			 to remove the wastes at closure to the extent that these sections are made
			 applicable to such facilities in § 264.228 or § 264.258.
(3) Tank systems that are required under
			 § 264.197 to meet the requirements for landfills.
(4) Containment buildings that are required
			 under § 264.1102 to meet the requirement for landfills.
(c) The Director may
			 replace all or part of the requirements of this subsection (and the
			 unit-specific standards referenced in § 264.111(c) applying to a regulated
			 unit), with alternative requirements set out in a permit or in an enforceable
			 document (as defined in § 270.1(c)(7)), where the Director determines
			 that:
(1) The regulated unit is situated
			 among solid waste management units (or areas of concern), a release has
			 occurred, and both the regulated unit and one or more solid waste management
			 unit(s) (or areas of concern) are likely to have contributed to the release;
			 and
(2) It is not necessary to
			 apply the closure requirements of this subsection (and those referenced herein)
			 because the alternative requirements will protect human health and the
			 environment and will satisfy the closure performance standard of § 264.111
			 (a) and (b).
§
			 264.111
Closure performance standard
The owner or operator must close the facility in a manner
				that:
(a) Minimizes the need for
			 further maintenance; and
(b)
			 Controls, minimizes or eliminates, to the extent necessary to protect human
			 health and the environment, post-closure escape of hazardous waste, hazardous
			 constituents, leachate, contaminated run-off, or hazardous waste decomposition
			 products to the ground or surface waters or to the atmosphere; and
(c) Complies with the closure requirements of
			 this Subsection, including, but not limited to, the requirements of
			 §§ 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351,
			 264.601 through 264.603, and 264.1102.
§ 264.112
Closure plan; amendment
			 of plan
(a) Written plan.
(1) The owner or operator of a hazardous
			 waste management facility must have a written closure plan. In addition,
			 certain surface impoundments and waste piles from which the owner or operator
			 intends to remove or decontaminate the hazardous waste at partial or final
			 closure are required by §§ 264.228(c)(1)(i) and 264.258(c)(1)(i) to
			 have contingent closure plans. The plan must be submitted with the permit
			 application, in accordance with § 270.14(b)(13) of this rule, and approved
			 by the Director as part of the permit issuance procedures under 40 CFR 124 and
			 Rule No. 8. In accordance with § 270.32 of this rule, the approved closure
			 plan will become a condition of any RCRA permit.
(2) The Director's approval of the plan must
			 ensure that the approved closure plan is consistent with §§ 264.111
			 through 264.115 and the applic-able requirements of §§ 264.90 et
			 seq., 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601,
			 and 264.1102. Until final closure is completed and certified in accordance with
			 § 264.115, a copy of the approved plan and all approved revisions must be
			 furnished to the Director upon request, including request by
			 mail.
(b) Content of
			 plan. The plan must identify steps necessary to perform partial and/or final
			 closure of the facility at any point during its active life. The closure plan
			 must include, at least:
(1) A description of
			 how each hazardous waste management unit at the facility will be closed in
			 accordance with § 264.111;
(2)
			 A description of how final closure of the facility will be conducted in
			 accordance with § 264.112. The description must identify the maximum
			 extent of the operations which will be unclosed during the active life of the
			 facility; and
(3) An estimate of
			 the maximum inventory of hazardous wastes ever on-site over the active life of
			 the facility and a detailed description of the methods to be used during
			 partial closures and final closure, including, but not limited to, methods for
			 removing, transporting, treating, storing, or disposing of all hazardous
			 wastes, and identification of the type(s) of the off-site hazardous waste
			 management units to be used, if applicable; and
(4) A detailed description of the steps
			 needed to remove or decontaminate all hazardous waste residues and contaminated
			 containment system components, equipment, structures, and soils during partial
			 and final closure, including, but not limited to, procedures for cleaning
			 equipment and removing contaminated soils, methods for sampling and testing
			 surrounding soils, and criteria for determining the extent of decontamination
			 required to satisfy the closure performance standard; and
(5) A detailed description of other
			 activities necessary during the closure period to ensure that all partial
			 closures and final closure satisfy the closure performance standards,
			 including, but not limited to, ground-water monitoring, leachate collection,
			 and run-on and run-off control; and
(6) A schedule for closure of each hazardous
			 waste management unit and for final closure of the facility. The schedule must
			 include, at a minimum, the total time required to close each hazardous waste
			 management unit and the time required for intervening closure activities which
			 will allow tracking of the progress of partial and final closure. (For example,
			 in the case of a landfill unit, estimates of the time required to treat or
			 dispose of all hazardous waste inventory and of the time required to place a
			 final cover must be included.)
(7)
			 For facilities that use trust funds to establish financial assurance under
			 § 264.143 or § 264.145 and that are expected to close prior to the
			 expiration of the permit, an estimate of the expected year of final
			 closure.
(8) For facilities where
			 the Director has applied alternative requirements at a regulated unit under
			 §§ 264.90(f), 264.110(c), and/or § 264.140(d), either the
			 alternative requirements applying to the regulated unit, or a reference to the
			 enforceable document containing those alternative
			 requirements.
(c)
			 Amendment of plan. The owner or operator must submit a written notification of
			 or request for a permit modification to authorize a change in operating plans,
			 facility design, or the approved closure plan in accordance with the applicable
			 procedures in Section 270. The written notification or request must include a
			 copy of the amended closure plan for review or approval by the Director.
(1) The owner or operator may submit a
			 written notification or request to the Director for a permit modification to
			 amend the closure plan at any time prior to the notification of partial or
			 final closure of the facility.
(2)
			 The owner or operator must submit a written notification of or request for a
			 permit modification to authorize a change in the approved closure plan
			 whenever:
(i) Changes in operating plans or
			 facility design affect the closure plan, or
(ii) There is a change in the expected year
			 of closure, if applicable, or
(iii)
			 In conducting partial or final closure activities, unexpected events require a
			 modification of the approved closure plan, or
(iv) the owner or operator requests the
			 Director to apply alternative requirements to a regulated unit under
			 §§ 264.90(f), 264.110(c), and/or § 264.140(d).
(3) The owner or
			 operator must submit a written request for a permit modification including a
			 copy of the amended closure plan for approval at least 60 days prior to the
			 proposed change in facility design or operation, or no later than 60 days after
			 an unexpected event has occurred which has affected the closure plan. If an
			 unexpected event occurs during the partial or final closure period, the owner
			 or operator must request a permit modification no later than 30 days after the
			 unexpected event. An owner or operator of a surface impoundment or waste pile
			 that intends to remove all hazardous waste at closure and is not otherwise
			 required to prepare a contingent closure plan under § 264.228(c)(1)(i) or
			 § 264.258(c)(1)(i), must submit an amended closure plan to the Director no
			 later than 60 days from the date that the owner or operator or Director
			 determines that the hazardous waste management unit must be closed as a
			 landfill, subject to the requirements of § 264.310, or no later than 30
			 days from that date if the determination is made during partial or final
			 closure. The Director will approve, disapprove, or modify this amended plan in
			 accordance with the procedures in Section 270. In accordance with § 270.32
			 of this rule, the approved closure plan will become a condition of any RCRA
			 permit issued.
(4) The Director may
			 request modifications to the plan under the conditions described in §
			 264.112(c)(2). The owner or operator must submit the modified plan within 60
			 days of the Director's request, or within 30 days if the change in facility
			 conditions occurs during partial or final closure. Any modifications requested
			 by the Director will be approved in accordance with the procedures in Section
			 270.
(d) Notification of
			 partial closure and final closure.
(1) The
			 owner or operator must notify the Director in writing at least 60 days prior to
			 the date on which he expects to begin closure of a surface impoundment, waste
			 pile, land treatment or landfill unit, or final closure of a facility with such
			 a unit. The owner or operator must notify the Director in writing at least 45
			 days prior to the date on which he expects to begin final closure of a facility
			 with only treatment or storage tanks, container storage, or incinerator units
			 to be closed. The owner or operator must notify the Director in writing at
			 least 45 days prior to the date on which he expects to begin partial or final
			 closure of a boiler or industrial furnace, whichever is earlier.
(2) The date when he "expects to begin
			 closure" must be either:
(i) No later than 30
			 days after the date on which any hazardous waste management unit receives the
			 known final volume of hazardous wastes, or if there is a reasonable possibility
			 that the hazardous waste management unit will receive additional hazardous
			 wastes, no later than one year after the date on which the unit received the
			 most recent volume of hazardous wastes. If the owner or operator of a hazardous
			 waste management unit can demonstrate to the Director that the hazardous waste
			 management unit or facility has the capacity to receive additional hazardous
			 wastes and he has taken all steps to prevent threats to human health and the
			 environment, including compliance with all applicable permit requirements, the
			 Director may approve an extension to this one-year limit; or
(ii) For units meeting the requirements of
			 § 264.113(d), no later than 30 days after the date on which the hazardous
			 waste management unit receives the known final volume of non-hazardous wastes,
			 or if there is a reasonable possibility that the hazardous waste management
			 unit will receive additional non-hazardous wastes, no later than one year after
			 the date on which the unit received the most recent volume of non-hazardous
			 wastes. If the owner or operator can demonstrate to the Director that the
			 hazardous waste management unit has the capacity to receive additional
			 non-hazardous wastes and he has taken, and will continue to take, all steps to
			 prevent threats to human health and the environment, including compliance with
			 all applicable permit requirements, the Director may approve an extension to
			 this one-year limit. (3) If the facility's permit is terminated, or if the
			 facility is otherwise ordered, by judicial decree or final order under section
			 3008 of RCRA, to cease receiving hazardous wastes or to close, then the
			 requirements of this paragraph do not apply. However, the owner or operator
			 must close the facility in accordance with the deadlines established in §
			 264.113. (e) Removal of wastes and decontamination or dismantling of equipment.
			 Nothing in this section shall preclude the owner or operator from removing
			 hazardous wastes and decontaminating or dismantling equipment in accordance
			 with the approved partial or final closure plan at any time before or after
			 notification of partial or final closure.
§
			 264.113
Closure; time allowed for closure
(a) Within 90 days after receiving the final
			 volume of hazardous wastes, or the final volume of non-hazardous wastes if the
			 owner or operator complies with all applicable requirements in paragraphs (d)
			 and (e) of this section, at a hazardous waste management unit or facility, the
			 owner or operator must treat, remove from the unit or facility, or dispose of
			 on-site, all hazardous wastes in accordance with the approved closure plan. The
			 Director may approve a longer period if the owner or operator complies with all
			 applicable requirements for requesting a modification to the permit and
			 demonstrates that:
(1)
(i) The activities required to comply with
			 this paragraph will, of necessity, take longer than 90 days to complete;
			 or
(ii)
(A) The hazardous waste management unit or
			 facility has the capacity to receive additional hazardous wastes, or has the
			 capacity to receive non-hazardous wastes if the owner or operator complies with
			 paragraphs (d) and (e) of this section; and
(B) There is a reasonable likelihood that he
			 or another person will recommence operation of the hazardous waste management
			 unit or the facility within one year; and
(C) Closure of the hazardous waste management
			 unit or facility would be incompatible with continued operation of the site;
			 and
(2) He
			 has taken and will continue to take all steps to prevent threats to human
			 health and the environment, including compliance with all applicable permit
			 requirements.
(b) The
			 owner or operator must complete partial and final closure activities in
			 accordance with the approved closure plan and within 180 days after receiving
			 the final volume of hazardous wastes, or the final volume of non-hazardous
			 wastes if the owner or operator complies with all applicable requirements in
			 paragraphs (d) and (e) of this section, at the hazardous waste management unit
			 or facility. The Director may approve an extension to the closure period if the
			 owner or operator complies with all applicable requirements for requesting a
			 modification to the permit and demonstrates that:
(1)
(i) The
			 partial or final closure activities will, of necessity, take longer than 180
			 days to complete; or
(ii)
(A) The hazardous waste management unit or
			 facility has the capacity to receive additional hazardous wastes, or has the
			 capacity to receive non-hazardous wastes if the owner or operator complies with
			 paragraphs (d) and (e) of this section; and
(B) There is reasonable likelihood that he or
			 another person will recommence operation of the hazardous waste management unit
			 or the facility within one year; and
(C) Closure of the hazardous waste management
			 unit or facility would be incompatible with continued operation of the site;
			 and
(2) He
			 has taken and will continue to take all steps to prevent threats to human
			 health and the environment from the unclosed but not operating hazardous waste
			 management unit or facility, including compliance with all applicable permit
			 requirements.
(c) The
			 demonstrations referred to in paragraphs (a)(1) and (b)(1) of this section must
			 be made as follows:
(1) The demonstrations in
			 paragraph (a)(1) of this section must be made at least 30 days prior to the
			 expiration of the 90-day period in paragraph (a) of this section; and
(2) The demonstration in paragraph (b)(1) of
			 this section must be made at least 30 days prior to the expiration of the
			 180-day period in paragraph (b) of this section, unless the owner or operator
			 is otherwise subject to the deadlines in paragraph (d) of this
			 section.
(d) The
			 Director may allow an owner or operator to receive only non-hazardous wastes in
			 a landfill, land treatment, or surface impoundment unit after the final receipt
			 of hazardous wastes at that unit if:
(1) The
			 owner or operator requests a permit modification in compliance with all
			 applicable requirements in Sections 270 of this rule, Rule No. 8, and 40 CFR
			 124, and in the permit modification request demonstrates that:
(i) The unit has the existing design capacity
			 as indicated on the part A application to receive non-hazardous wastes;
			 and
(ii) There is a reasonable
			 likelihood that the owner or operator or another person will receive
			 non-hazardous wastes in the unit within one year after the final receipt of
			 hazardous wastes; and
(iii) The
			 non-hazardous wastes will not be incompatible with any remaining wastes in the
			 unit, or with the facility design and operating requirements of the unit or
			 facility under this Section; and
(iv) Closure of the hazardous waste
			 management unit would be incompatible with continued operation of the unit or
			 facility; and
(v) The owner or
			 operator is operating and will continue to operate in compliance with all
			 applicable permit requirements; and
(2) The request to modify the permit includes
			 an amended waste analysis plan, ground-water monitoring and response program,
			 human exposure assessment required under RCRA section 3019, and closure and
			 post-closure plans, and updated cost estimates and demonstrations of financial
			 assurance for closure and post-closure care as necessary and appropriate, to
			 reflect any changes due to the presence of hazardous constituents in the
			 non-hazardous wastes, and changes in closure activities, including the expected
			 year of closure if applicable under § 264.112(b)(7), as a result of the
			 receipt of non-hazardous wastes following the final receipt of hazardous
			 wastes; and
(3) The request to
			 modify the permit includes revisions, as necessary and appropriate, to affected
			 conditions of the permit to account for the receipt of non-hazardous wastes
			 following receipt of the final volume of hazardous wastes; and
(4) The request to modify the permit and the
			 demonstrations referred to in paragraphs (d)(1) and (d)(2) of this section are
			 submitted to the Director no later than 120 days prior to the date on which the
			 owner or operator of the facility receives the known final volume of hazardous
			 wastes at the unit, or no later than 90 days after the effective date of this
			 rule in the state in which the unit is located, whichever is
			 later.
(e) In addition to
			 the requirements in paragraph (d) of this section, an owner or operator of a
			 hazardous waste surface impoundment that is not in compliance with the liner
			 and leachate collection system requirements in 42 U.S.C. 3004(o)(1) and
			 3005(j)(1) or 42 U.S.C. 3004(o) (2) or (3) or 3005(j) (2), (3), (4) or (13)
			 must:
(1) Submit with the request to modify
			 the permit:
(i) A contingent corrective
			 measures plan, unless a corrective action plan has already been submitted under
			 § 264.99; and
(ii) A plan for
			 removing hazardous wastes in compliance with paragraph (e)(2) of this section;
			 and
(2) Remove all
			 hazardous wastes from the unit by removing all hazardous liquids, and removing
			 all hazardous sludges to the extent practicable without impairing the integrity
			 of the liner(s), if any.
(3)
			 Removal of hazardous wastes must be completed no later than 90 days after the
			 final receipt of hazardous wastes. The Director may approve an extension to
			 this deadline if the owner or operator demonstrates that the removal of
			 hazardous wastes will, of necessity, take longer than the allotted period to
			 complete and that an extension will not pose a threat to human health and the
			 environment.
(4) If a release that
			 is a statistically significant increase (or decrease in the case of pH) over
			 background values for detection monitoring parameters or constituents specified
			 in the permit or that exceeds the facility's ground-water protection standard
			 at the point of compliance, if applicable, is detected in accordance with the
			 requirements in Subsection F of this Section, the owner or operator of the
			 unit:
(i) Must implement corrective measures
			 in accordance with the approved contingent corrective measures plan required by
			 paragraph (e)(1) of this section no later than one year after detection of the
			 release, or approval of the contingent corrective measures plan, whichever is
			 later;
(ii) May continue to receive
			 wastes at the unit following detection of the release only if the approved
			 corrective measures plan includes a demonstration that continued receipt of
			 wastes will not impede corrective action; and
(iii) May be required by the Director to
			 implement corrective measures in less than one year or to cease the receipt of
			 wastes until corrective measures have been implemented if necessary to protect
			 human health and the environment.
(5) During the period of corrective action,
			 the owner or operator shall provide annual reports to the Director describing
			 the progress of the corrective action program, compile all ground-water
			 monitoring data, and evaluate the effect of the continued receipt of
			 non-hazardous wastes on the effectiveness of the corrective action.
(6) The Director may require the owner or
			 operator to commence closure of the unit if the owner or operator fails to
			 implement corrective action measures in accordance with the approved contingent
			 corrective measures plan within one year as required in paragraph (e)(4) of
			 this section, or fails to make substantial progress in implementing corrective
			 action and achieving the facility's ground-water protection standard or
			 background levels if the facility has not yet established a ground-water
			 protection standard.
(7) If the
			 owner or operator fails to implement corrective measures as required in
			 paragraph (e)(4) of this section, or if the Director determines that
			 substantial progress has not been made pursuant to paragraph (e)(6) of this
			 section he shall:
(i) Notify the owner or
			 operator in writing that the owner or operator must begin closure in accordance
			 with the deadlines in paragraphs (a) and (b) of this section and provide a
			 detailed statement of reasons for this determination, and
(ii) Provide the owner or operator and the
			 public, through a newspaper notice, the opportunity to submit written comments
			 on the decision no later than 20 days after the date of the notice.
(iii) If the Director receives no written
			 comments, the decision will become final five days after the close of the
			 comment period. The Director will notify the owner or operator that the
			 decision is final, and that a revised closure plan, if necessary, must be
			 submitted within 15 days of the final notice and that closure must begin in
			 accordance with the deadlines in paragraphs (a) and (b) of this
			 section.
(iv) If the Director
			 receives written comments on the decision, he shall make a final decision
			 within 30 days after the end of the comment period, and provide the owner or
			 operator in writing and the public through a newspaper notice, a detailed
			 statement of reasons for the final decision. If the Director determines that
			 substantial progress has not been made, closure must be initiated in accordance
			 with the deadlines in paragraphs (a) and (b) of this section.
(v) The final determinations made by the
			 Director under paragraphs (e)(7) (iii) and (iv) of this section are not subject
			 to administrative appeal.
§ 264.114
Disposal or
			 decontamination of equipment, structures, and soils
During the partial and final closure periods, all contaminated
				equipment, structures and soils must be properly disposed of or decontaminated
				unless otherwise specified in §§ 264.197, 264.228, 264.258, 264.280
				or § 264.310. By removing any hazardous wastes or hazardous constituents
				during partial and final closure, the owner or operator may become a generator
				of hazardous waste and must handle that waste in accordance with all applicable
				requirements of Section 262 of this rule.
§ 264.115
Certification of
			 closure
Within 60 days of completion of closure of each hazardous waste
				surface impoundment, waste pile, land treatment, and landfill unit, and within
				60 days of the completion of final closure, the owner or operator must submit
				to the Director, by registered mail, a certification that the hazardous waste
				management unit or facility, as applicable, has been closed in accordance with
				the specifications in the approved closure plan. The certification must be
				signed by the owner or operator and by
an independent
				Arkansas-registered professional engineer
. Documentation supporting
				the
independent Arkansas-registered professional engineer's
certification must be furnished to the Director upon request until he releases
				the owner or operator from the financial assurance requirements for closure
				under § 264.143(i).
§
			 264.116
Survey plat
No later than the submission of the certification of closure of
				each hazardous waste disposal unit, the owner or operator must submit to the
				local zoning authority, or the authority with jurisdiction over local land use,
				and to the Director, a survey plat indicating the location and dimensions of
				landfills cells or other hazardous waste disposal units with respect to
				permanently surveyed benchmarks. This plat must be prepared and certified by a
				professional land surveyor. The plat filed with the local zoning authority, or
				the authority with jurisdiction over local land use, must contain a note,
				prominently displayed, which states the owner's or operator's obligation to
				restrict disturbance of the hazardous waste disposal unit in accordance with
				the applicable Subsection G rules.
§ 264.117
Post-closure care and
			 use of property
(a)
(1) Post-closure care for each hazardous
			 waste management unit subject to the requirements of §§ 264.117
			 through 264.120 must begin after completion of closure of the unit and continue
			 for 30 years after that date and must consist of at least the following:
(i) Monitoring and reporting in accordance
			 with the requirements of Subsections F, K, L, M, N, and X of this Section;
			 and
(ii) Maintenance and monitoring
			 of waste containment systems in accordance with the requirements of Subsections
			 F, K, L, M, N, and X of this Section.
(2) Any time preceding partial closure of a
			 hazardous waste management unit subject to post-closure care requirements or
			 final closure, or any time during the post-closure period for a particular
			 unit, the Director may, in accordance with the permit modification procedures
			 in Section 270:
(i) Shorten the post-closure
			 care period applicable to the hazardous waste management unit, or facility, if
			 all disposal units have been closed, if he finds that the reduced period is
			 sufficient to protect human health and the environment (e.g., leachate or
			 ground-water monitoring results, characteristics of the hazardous wastes,
			 application of advanced technology, or alternative disposal, treatment, or
			 re-use techniques indicate that the hazardous waste management unit or facility
			 is secure); or
(ii) Extend the
			 post-closure care period applicable to the hazardous waste management unit or
			 facility if he finds that the extended period is necessary to protect human
			 health and the environment (e.g., leachate or ground-water monitoring results
			 indicate a potential for migration of hazardous wastes at levels which may be
			 harmful to human health and the environment).
(b) The Director may require, at partial and
			 final closure, continuation of any of the security requirements of §
			 264.14 during part or all of the post-closure period when:
(1) Hazardous wastes may remain exposed after
			 completion of partial or final closure; or
(2) Access by the public or domestic
			 livestock may pose a hazard to human health.
(c) Post-closure use of property on or in
			 which hazardous wastes remain after partial or final closure must never be
			 allowed to disturb the integrity of the final cover, liner(s), or any other
			 components of the containment system, or the function of the facility's
			 monitoring systems, unless the Director finds that the disturbance:
(1) Is necessary to the proposed use of the
			 property, and will not increase the potential hazard to human health or the
			 environment; or
(2) Is necessary to
			 reduce a threat to human health or the environment.
(d) All post-closure care activities must be
			 in accordance with the provisions of the approved post-closure plan as
			 specified in § 264.118.
§
			 264.118
Post-closure plan; amendment of plan
(a) Written Plan. The owner or operator of a
			 hazardous waste disposal unit must have a written post-closure plan. In
			 addition, certain surface impoundments and waste piles from which the owner or
			 operator intends to remove or decontaminate the hazardous wastes at partial or
			 final closure are required by §§ 264.228(c)(1)(ii) and
			 264.258(c)(1)(ii) to have contingent post-closure plans. Owners or operators of
			 surface impoundments and waste piles not otherwise required to prepare
			 contingent post-closure plans under §§ 264.228(c)(1)(ii) and
			 264.258(c)(1)(ii) must submit a post-closure plan to the Director within 90
			 days from the date that the owner or operator or Director determines that the
			 hazardous waste management unit must be closed as a landfill, subject to the
			 requirements of §§ 264.117 through 264.120. The plan must be
			 submitted with the permit application, in accordance with § 270.14(b)(13)
			 of this rule, and approved by the Director as part of the permit issuance
			 procedures under 40 CFR 124 and Rule No. 8. In accordance with § 270.32 of
			 this rule, the approved post-closure plan will become a condition of any RCRA
			 permit issued.
(b) For each
			 hazardous waste management unit subject to the requirements of this section,
			 the post-closure plan must identify the activities that will be carried on
			 after closure of each disposal unit and the frequency of these activities, and
			 include at least:
(1) A description of the
			 planned monitoring activities and frequencies at which they will be performed
			 to comply with Subsections F, K, L, M, N, and X of this Section during the
			 post-closure care period; and
(2) A
			 description of the planned maintenance activities, and frequencies at which
			 they will be performed, to ensure:
(i) The
			 integrity of the cap and final cover or other containment systems in accordance
			 with the requirements of Subsections F, K, L, M, N, and X of this Section;
			 and
(ii) The function of the
			 monitoring equipment in accordance with the requirements of Subsections, F, K,
			 L, M, N, and X of this Section; and
(3) The name, address, and phone number of
			 the person or office to contact about the hazardous waste disposal unit or
			 facility during the post-closure care period.
(4) For facilities where the Director has
			 applied alternative requirements at a regulated unit under §§
			 264.90(f), 264.110(c), and/or § 264.140(d), either the alternative
			 requirements that apply to the regulated unit, or a reference to the
			 enforceable document containing those requirements.
(c) Until final closure of the facility, a
			 copy of the approved post-closure plan must be furnished to the Director upon
			 request, including request by mail. After final closure has been certified, the
			 person or office specified in § 264.188(b)(3) must keep the approved
			 post-closure plan during the remainder of the post-closure period.
(d) Amendment of plan. The owner or operator
			 must submit a written notification of or request for a permit modification to
			 authorize a change in the approved post-closure plan in accordance with the
			 applicable requirements in Section 270. The written notification or request
			 must include a copy of the amended post-closure plan for review or approval by
			 the Director.
(1) The owner or operator may
			 submit a written notification or request to the Director for a permit
			 modification to amend the post-closure plan at any time during the active life
			 of the facility or during the post-closure care period.
(2) The owner or operator must submit a
			 written notification of or request for a permit modification to authorize a
			 change in the approved post-closure plan whenever:
(i) Changes in operating plans or facility
			 design affect the approved post-closure plan, or
(ii) There is a change in the expected year
			 of final closure, if applicable, or
(iii) Events which occur during the active
			 life of the facility, including partial and final closures, affect the approved
			 post-closure plan.
(iv) The owner
			 or operator requests the Director to apply alternative requirements to a
			 regulated unit under §§ 264.90(f), 264.110(c), and/or §
			 264.140(d).
(3) The owner
			 or operator must submit a written request for a permit modification at least 60
			 days prior to the proposed change in facility design or operation, or no later
			 than 60 days after an unexpected event has occurred which has affected the
			 post-closure plan. An owner or operator of a surface impoundment or waste pile
			 that intends to remove all hazardous waste at closure and is not otherwise
			 required to submit a contingent post-closure plan under §§
			 264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post-closure plan to the
			 Director no later than 90 days after the date that the owner or operator or
			 Director determines that the hazardous waste management unit must be closed as
			 a landfill, subject to the requirements of § 264.310. The Director will
			 approve, disapprove or modify this plan in accordance with the procedures in
			 Section 270. In accordance with § 270.32 of this rule, the approved
			 post-closure plan will become a permit condition.
(4) The Director may request modifications to
			 the plan under the conditions described in § 264.118(d)(2). The owner or
			 operator must submit the modified plan no later than 60 days after the
			 Director's request, or no later than 90 days if the unit is a surface
			 impoundment or waste pile not previously required to prepare a contingent
			 post-closure plan. Any modifications requested by the Director will be
			 approved, disapproved, or modified in accordance with the procedures in Section
			 270.
§
			 264.119
Post-closure notices
(a) No later than 60 days after certification
			 of closure of each hazardous waste disposal unit, the owner or operator must
			 submit to the local zoning authority, or the authority with jurisdiction over
			 local land use, and to the Director a record of the type, location, and
			 quantity of hazardous wastes disposed of within each cell or other disposal
			 unit of the facility. For hazardous wastes disposed of before January 12, 1981,
			 the owner or operator must identify the type, location, and quantity of the
			 hazardous wastes to the best of his knowledge and in accordance with any
			 records he has kept.
(b) Within 60
			 days of certification of closure of the first hazardous waste disposal unit and
			 within 60 days of certification of closure of the last hazardous waste disposal
			 unit, the owner or operator must:
(1) Record,
			 in accordance with State law, a notation on the deed to the facility property -
			 or on some other instrument which is normally examined during title search -
			 that will in perpetuity notify any potential purchaser of the property that:
(i) The land has been used to manage
			 hazardous wastes; and (ii) Its use is restricted under Section 264 Subsection G
			 rules; and
(iii) The survey plat
			 and record of the type, location, and quantity of hazardous wastes disposed of
			 within each cell or other hazardous waste disposal unit of the facility
			 required by §§ 264.116 and 264.119(a) have been filed with the local
			 zoning authority or the authority with jurisdiction over local land use and
			 with the Director; and
(2) Submit a certification, signed by the
			 owner or operator, that he has recorded the notation specified in paragraph
			 (b)(1) of this section, including a copy of the document in which the notation
			 has been placed, to the Director.
(c) If the owner or operator or any
			 subsequent owner or operator of the land upon which a hazardous waste disposal
			 unit is located wishes to remove hazardous wastes and hazardous waste residues,
			 the liner, if any, or contaminated soils, he must request a modification to the
			 post-closure permit in accordance with the applicable requirements in Section
			 270. The owner or operator must demonstrate that the removal of hazardous
			 wastes will satisfy the criteria of § 264.117(c). By removing hazardous
			 waste, the owner or operator may become a generator of hazardous waste and must
			 manage it in accordance with all applicable requirements of this rule. If he is
			 granted a permit modification or otherwise granted approval to conduct such
			 removal activities, the owner or operator may request that the Director approve
			 either:
(1) The removal of the notation on
			 the deed to the facility property or other instrument normally examined during
			 title search; or
(2) The addition
			 of a notation to the deed or instrument indicating the removal of the hazardous
			 waste.
§
			 264.120
Certification of completion of post-closure
			 care
No later than 60 days after completion of the established
				post-closure care period for each hazardous waste disposal unit, the owner or
				operator must submit to the Director, by registered mail, a certification that
				the post-closure care period for the hazardous waste disposal unit was
				performed in accordance with the specifications in the approved post-closure
				plan. The certification must be signed by the owner or operator and an
independent Arkansas-registered professional engineer.
Documentation supporting the
independent Arkansas-registered
				professional engineer's
certification must be furnished to the
				Director upon request until he releases the owner or operator from the
				financial assurance requirements for post-closure care under §
				264.145(i).
Subsection
			 H
-- Financial Requirements
§ 264.140
Applicability
(a) The requirements of §§ 264.142,
			 264.143, and 264.147 through 264.151 apply to owners and operators of all
			 hazardous waste facilities, except as provided otherwise in this section or in
			 § 264.1.
(b) The requirements
			 of §§ 264.144 and 264.145 apply only to owners and operators of:
(1) Disposal facilities,
(2) Piles, and surface impoundments from
			 which the owner or operator intends to remove the wastes at closure, to the
			 extent that these sections are made applicable to such facilities in
			 §§ 264.228 and 264.258.
(3) Tank systems that are required under
			 § 264.197 to meet the requirements for landfills.
(4) Containment buildings that are required
			 under § 264.1102 to meet the requirements for
			 landfills.
(c) Facilities
			 owned and operated by the State or the Federal government are exempt from the
			 requirements of this Subsection.
(d) The Director may replace all or part of
			 the requirements of this subpart applying to a regulated unit with alternative
			 requirements for financial assurance set out in the permit or in an enforceable
			 document (as defined in § 270.1(c)(7)), where the Director:
(1) Prescribes alternative requirements for
			 the regulated unit under § 264.90(f) and/or § 264.110(c);
			 and
(2) Determines that it is not
			 necessary to apply the requirements of this subpart because the alternative
			 financial assurance requirements will protect human health and the
			 environment.
§
			 264.141
Definitions of terms as used in this
			 Subsection
(a) "Closure plan" means
			 the plan for closure prepared in accordance with the requirements of §
			 264.112.
(b) "Current closure cost
			 estimate" means the most recent of the estimates prepared in accordance with
			 § 264.142 (a), (b), and (c).
(c) "Current post-closure cost estimate"
			 means the most recent of the estimates prepared in accordance with §
			 264.144 (a), (b), and (c).
(d)
			 "Parent corporation" means a corporation which directly owns at least 50
			 percent of the voting stock of the corporation which is the facility owner or
			 operator; the latter corporation is deemed a "subsidiary" of the parent
			 corporation.
(e) "Post-closure
			 plan" means the plan for post-closure care prepared in accordance with the
			 requirements of §§ 264.117 through 264.120.
(f) The following terms are used in the
			 specifications for the financial tests for closure, post-closure care, and
			 liability coverage. The definitions are intended to assist in the understanding
			 of these rules and are not intended to limit the meanings of terms in a way
			 that conflicts with generally accepted accounting practices.
"Assets" means all existing and all probable future economic
				benefits obtained or controlled by a particular entity.
"Captive insurance" means insurance for which the
				insurer underwrites insurance policies solely for its parent corporation or for
				other affiliates controlled by its parent.
"Completed fiscal year" shall mean a period based upon
				generally accepted accounting principles."
"Current assets" means cash or other assets or resources
				commonly identified as those which are reasonably expected to be realized in
				cash or sold or consumed during the normal operating cycle of the
				business.
"Current liabilities" means obligations whose liquidation is
				reasonably expected to require the use of existing resources properly
				classifiable as current assets or the creation of other current
				liabilities.
"Current plugging and abandonment cost estimate" means the most
				recent of the estimates prepared in accordance with
				40 CFR
				144.62(a), (b), and
				(c).
"Independently audited" refers to an audit performed by an
				independent certified public accountant in accordance with generally accepted
				auditing standards.
"Liabilities" means probable future sacrifices of economic
				benefits arising from present obligations to transfer assets or provide
				services to other entities in the future as a result of past transactions or
				events.
"Net working capital" means current assets minus current
				liabilities.
"Net worth" means total assets minus total liabilities and is
				equivalent to owner's equity.
"Tangible net worth" means the tangible assets that remain
				after deducting liabilities; such assets would not include intangibles such as
				goodwill and rights to patents or royalties.
(g) In the liability insurance requirements
			 the terms "bodily injury" and "property damage" shall have the meanings given
			 these terms by applicable State law. However, these terms do not include those
			 liabilities which, consistent with standard industry practices, are excluded
			 from coverage in liability policies for bodily injury and property damage. The
			 Division intends the meanings of other terms used in the liability insurance
			 requirements to be consistent with their common meanings within the insurance
			 industry. The definitions given below of several of the terms are intended to
			 assist in the understanding of these rules and are not intended to limit their
			 meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence" means an accident, including continuous
				or repeated exposure to conditions, which results in bodily injury or property
				damage neither expected nor intended from the standpoint of the insured.
"Legal defense costs" means any expenses that an insurer incurs
				in defending against claims of third parties brought under the terms and
				conditions of an insurance policy.
"Nonsudden accidental occurrence" means an occurrence which
				takes place over time and involves continuous or repeated exposure.
"Sudden accidental occurrence" means an occurrence which is not
				continuous or repeated in nature.
(h) "Substantial business relationship" means
			 the extent of a business relationship necessary under applicable State law to
			 make a guarantee contract issued incident to that relationship valid and
			 enforceable. A "substantial business relationship" must arise from a pattern of
			 recent or ongoing business transactions, in addition to the guarantee itself,
			 such that a currently existing business relationship between the guarantor and
			 the owner or operator is demonstrated to the satisfaction of the Director.
§ 264.142
Cost estimate for closure
(a) The owner
			 or operator must have a detailed written estimate, in current dollars, of the
			 cost of closing the facility in accordance with the requirements in
			 §§ 264.111 through 264.115 and applicable closure requirements in
			 §§ 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, and
			 264.601 through 264.603, and 264.1102.
(1) The
			 estimate must equal the cost of final closure at the point in the facility's
			 active life when the extent and manner of its operation would make closure the
			 most expensive, as indicated by its closure plan (see § 264.112(b));
			 and
(2) The closure cost estimate
			 must be based on the costs to the owner or operator of hiring a third party to
			 close the facility. A third party is a party who is neither a parent nor a
			 subsidiary of the owner or operator. (See definition of parent corporation in
			 § 264.141(d).) The owner or operator may use costs for on-site disposal if
			 he can demonstrate that on-site disposal capacity will exist at all times over
			 the life of the facility.
(3) The
			 closure cost estimate may not incorporate any salvage value that may be
			 realized with the sale of hazardous wastes, or non-hazardous wastes if
			 applicable under § 264.113(d), facility structures or equipment, land, or
			 other assets associated with the facility at the time of partial or final
			 closure.
(4) The owner or operator
			 may not incorporate a zero cost for hazardous wastes, or non-hazardous wastes
			 if applicable under § 264.113(d), that might have economic
			 value.
(b) During the
			 active life of the facility, the owner or operator must adjust the closure cost
			 estimate for inflation within 60 days prior to the anniversary date of the
			 establishment of the financial instrument(s) used to comply with §
			 264.143. For owners and operators using the financial test or corporate
			 guarantee, the closure cost estimate must be updated for inflation within 30
			 days after the close of the firm's fiscal year and before submission of updated
			 information to the Director as specified in § 264.143(f)(3). The
			 adjustment may be made by recalculating the maximum costs of closure in current
			 dollars, or by using an inflation factor derived from the most recent Implicit
			 Price Deflator for Gross National Product published by the U.S. Department of
			 Commerce in its Survey of Current Business, as specified in paragraphs (b)(1)
			 and (2) of this section. The inflation factor is the result of dividing the
			 latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by
			 multiplying the closure cost estimate by the inflation factor. The result is
			 the adjusted closure cost estimate.
(2) Subsequent adjustments are made by
			 multiplying the latest adjusted closure cost estimate by the latest inflation
			 factor.
(c) During the
			 active life of the facility, the owner or operator must revise the closure cost
			 estimate no later than 30 days after the Director has approved the request to
			 modify the closure plan, if the change in the closure plan increases the cost
			 of closure. The revised closure cost estimate must be adjusted for inflation as
			 specified in § 264.142(b).
(d)
			 The owner or operator must keep the following at the facility during the
			 operating life of the facility: The latest closure cost estimate prepared in
			 accordance with § 264.142 (a) and (c) and, when this estimate has been
			 adjusted in accordance with § 264.142(b), the latest adjusted closure cost
			 estimate.
§ 264.143
Financial assurance for closure
An owner or operator of each facility must establish financial
				assurance for closure of the facility. He must choose from the options as
				specified in paragraphs (a) through (f) of this section.
(a) Closure trust fund.
(1) An owner or operator may satisfy the
			 requirements of this section by establishing a closure trust fund which
			 conforms to the requirements of this paragraph and submitting an originally
			 signed duplicate of the trust agreement to the Director. An owner or operator
			 of a new facility must submit the originally signed duplicate of the trust
			 agreement to the Director at least 60 days before the date on which hazardous
			 waste is first received for treatment, storage, or disposal. The trustee must
			 be an entity which has the authority to act as a trustee and whose trust
			 operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
			 be identical to the wording specified in § 264.151(a)(1), and the trust
			 agreement must be accompanied by a formal certification of acknowledgment (for
			 example, see § 264.151(a)(2)). Schedule A of the trust agreement must be
			 updated within 60 days after a change in the amount of the current closure cost
			 estimate covered by the agreement.
(3) Payments into the trust fund must be made
			 annually by the owner or operator over the term of the initial RCRA permit or
			 over the remaining operating life of the facility as estimated in the closure
			 plan, whichever period is shorter; this period is hereafter referred to as the
			 "pay-in period." The payments into the closure trust fund must be made as
			 follows:
(i) For a new facility, the first
			 payment must be made before the initial receipt of hazardous waste for
			 treatment, storage, or disposal. A receipt from the trustee for this payment
			 must be submitted by the owner or operator to the Director before this initial
			 receipt of hazardous waste. The first payment must be at least equal to the
			 current closure cost estimate, except as provided in § 264.143(g), divided
			 by the number of years in the pay-in period. Subsequent payments must be made
			 no later than 30 days after each anniversary date of the first payment. The
			 amount of each subsequent payment must be determined by this formula:
Click here to view
				image
where CE is the current closure cost estimate, CV is the
				current value of the trust fund, and Y is the number of years remaining in the
				pay-in period.
(ii) If an owner or
			 operator establishes a trust fund as specified in § 265.143(a) of this
			 rule, and the value of that trust fund is less than the current closure cost
			 estimate when a permit is awarded for the facility, the amount of the current
			 closure cost estimate still to be paid into the trust fund must be paid in over
			 the pay-in period as defined in paragraph (a)(3) of this section. Payments must
			 continue to be made no later than 30 days after each anniversary date of the
			 first payment made pursuant to Section 265 of this rule. The amount of each
			 payment must be determined by this formula:
Click here to view
				image
where CE is the current closure cost estimate, CV is the
				current value of the trust fund, and Y is the number of years remaining in the
				pay-in period.
(4) The owner or
			 operator may accelerate payments into the trust fund or he may deposit the full
			 amount of the current closure cost estimate at the time the fund is
			 established. However, he must maintain the value of the fund at no less than
			 the value that the fund would have if annual payments were made as specified in
			 paragraph (a)(3) of this section.
(5) If the owner or operator establishes a
			 closure trust fund after having used one or more alternate mechanisms specified
			 in this section or in § 265.143 of this rule, his first payment must be in
			 at least the amount that the fund would contain if the trust fund were
			 established initially and annual payments made according to specifications of
			 this paragraph and § 265.143(a) of this rule, as applicable.
(6) After the pay-in period is completed,
			 whenever the current closure cost estimate changes, the owner or operator must
			 compare the new estimate with the trustee's most recent annual valuation of the
			 trust fund. If the value of the fund is less than the amount of the new
			 estimate, the owner or operator, within 60 days after the change in the cost
			 estimate, must either deposit an amount into the fund so that its value after
			 this deposit at least equals the amount of the current closure cost estimate,
			 or obtain other financial assurance as specified in this section to cover the
			 difference.
(7) If the value of the
			 trust fund is greater than the total amount of the current closure cost
			 estimate, the owner or operator may submit a written request to the Director
			 for release of the amount in excess of the current closure cost
			 estimate.
(8) If an owner or
			 operator substitutes other financial assurance as specified in this section for
			 all or part of the trust fund, he may submit a written request to the Director
			 for release of the amount in excess of the current closure cost estimate
			 covered by the trust fund.
(9)
			 Within 60 days after receiving a request from the owner or operator for release
			 of funds as specified in paragraph (a) (7) or (8) of this section, the Director
			 will instruct the trustee to release to the owner or operator such funds as the
			 Director specifies in writing.
(10)
			 After beginning partial or final closure, an owner or operator or another
			 person authorized to conduct partial or final closure may request
			 reimbursements for partial or final closure expenditures by submitting itemized
			 bills to the Director. The owner or operator may request reimbursements for
			 partial closure only if sufficient funds are remaining in the trust fund to
			 cover the maximum costs of closing the facility over its remaining operating
			 life. Within 60 days after receiving bills for partial or final closure
			 activities, the Director will instruct the trustee to make reimbursements in
			 those amounts as the Director specifies in writing, if the Director determines
			 that the partial or final closure expenditures are in accordance with the
			 approved closure plan, or otherwise justified. If the Director has reason to
			 believe that the maximum cost of closure over the remaining life of the
			 facility will be significantly greater than the value of the trust fund, he may
			 withhold reimbursements of such amounts as he deems prudent until he
			 determines, in accordance with § 264.143(i) that the owner or operator is
			 no longer required to maintain financial assurance for final closure of the
			 facility. If the Director does not instruct the trustee to make such
			 reimbursements, he will provide the owner or operator with a detailed written
			 statement of reasons.
(11) The
			 Director will agree to termination of the trust when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 264.143(i).
(b)
			 Surety bond guaranteeing payment into a closure trust fund.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining a surety bond which conforms to the
			 requirements of this paragraph and submitting the bond to the Director. An
			 owner or operator of a new facility must submit the bond to the Director at
			 least 60 days before the date on which hazardous waste is first received for
			 treatment, storage, or disposal. The bond must be effective before this initial
			 receipt of hazardous waste. The surety company issuing the bond must, at a
			 minimum, be among those listed as acceptable sureties on Federal bonds in
			 Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be
			 identical to the wording specified in § 264.151(b).
(3) The owner or operator who uses a surety
			 bond to satisfy the requirements of this section must also establish a standby
			 trust fund. Under the terms of the bond, all payments made thereunder will be
			 deposited by the surety directly into the standby trust fund in accordance with
			 instructions from the Director. This standby trust fund must meet the
			 requirements specified in § 264.143(a), except that:
(i) An originally signed duplicate of the
			 trust agreement must be submitted to the Director with the surety bond;
			 and
(ii) Until the standby trust
			 fund is funded pursuant to the requirements of this section, the following are
			 not required by these rules:
(A) Payments into
			 the trust fund as specified in § 264.143(a);
(B) Updating of Schedule A of the trust
			 agreement (see § 264.151(a)) to show current closure cost
			 estimates;
(C) Annual valuations as
			 required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The bond must guarantee that the owner or
			 operator will:
(i) Fund the standby trust fund
			 in an amount equal to the penal sum of the bond before the beginning of final
			 closure of the facility; or
(ii)
			 Fund the standby trust fund in an amount equal to the penal sum within 15 days
			 after an administrative order to begin final closure issued by the Director
			 becomes final, or within 15 days after an order to begin final closure is
			 issued by a U.S. district court or other court of competent jurisdiction;
			 or
(iii) Provide alternate
			 financial assurance as specified in this section, and obtain the Director's
			 written approval of the assurance provided, within 90 days after receipt by
			 both the owner or operator and the Director of a notice of cancellation of the
			 bond from the surety.
(5) Under the terms of the bond, the surety
			 will become liable on the bond obligation when the owner or operator fails to
			 perform as guaranteed by the bond.
(6) The penal sum of the bond must be in an
			 amount at least equal to the current closure cost estimate, except as provided
			 in § 264.143(g).
(7) Whenever
			 the current closure cost estimate increases to an amount greater then the penal
			 sum, the owner or operator, within 60 days after the increase, must either
			 cause the penal sum to be increased to an amount at least equal to the current
			 closure cost estimate and submit evidence of such increase to the Director, or
			 obtain other financial assurance as specified in this section to cover the
			 increase. Whenever the current closure cost estimate decreases, the penal sum
			 may be reduced to the amount of the current closure cost estimate following
			 written approval by the Director.
(8) Under the terms of the bond, the surety
			 may cancel the bond by sending notice of cancellation by certified mail to the
			 owner or operator and to the Director. Cancellation may not occur, however,
			 during the 120 days beginning on the date of receipt of the notice of
			 cancellation by both the owner or operator and the Director, as evidence by the
			 return receipts.
(9) The owner or
			 operator may cancel the bond if the Director has given prior written consent
			 based on his receipt of evidence of alternate financial assurance as specified
			 in this section.
(c)
			 Surety bond guaranteeing performance of closure.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining a surety bond which conforms to the
			 requirements of this paragraph and submitting the bond to the Director. An
			 owner or operator of a new facility must submit the bond to the Director at
			 least 60 days before the date on which hazardous waste is first received for
			 treatment, storage, or disposal. The bond must be effective before this initial
			 receipt of hazardous waste. The surety company issuing the bond must, at a
			 minimum, be among those listed as acceptable sureties on Federal bonds in
			 Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be
			 identical to the wording specified in § 264.151(c).
(3) The owner or operator who uses a surety
			 bond to satisfy the requirements of this section must also establish a standby
			 trust fund. Under the terms of the bond, all payments made thereunder will be
			 deposited by the surety directly into the standby trust fund in accordance with
			 instructions from the Director. This standby trust must meet the requirements
			 specified in § 264.143(a), except that:
(i) An originally signed duplicate of the
			 trust agreement must be submitted to the Director with the surety bond;
			 and
(ii) Unless the standby trust
			 fund is funded pursuant to the requirements of this section, the following are
			 not required by these rules:
(A) Payments into
			 the trust fund as specified in § 264.143(a);
(B) Updating of Schedule A of the trust
			 agreement (see § 264.151(a)) to show current closure cost
			 estimates;
(C) Annual valuations as
			 required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The bond must guarantee that the owner or
			 operator will:
(i) Perform final closure in
			 accordance with the closure plan and other requirements of the permit for the
			 facility whenever required to do so; or
(ii) Provide alternate financial assurance as
			 specified in this section, and obtain the Director's written approval of the
			 assurance provided, within 90 days after receipt by both the owner or operator
			 and the Director of a notice of cancellation of the bond from the surety.
(5) Under the terms of
			 the bond, the surety will become liable on the bond obligation when the owner
			 or operator fails to perform as guaranteed by the bond. Following a final
			 administrative determination pursuant to section 3008 of RCRA that the owner or
			 operator has failed to perform final closure in accordance with the approved
			 closure plan and other permit requirements when required to do so, under the
			 terms of the bond the surety will perform final closure as guaranteed by the
			 bond or will deposit the amount of the penal sum into the standby trust
			 fund.
(6) The penal sum of the bond
			 must be in an amount at least equal to the current closure cost
			 estimate.
(7) Whenever the current
			 closure cost estimate increases to an amount greater than the penal sum, the
			 owner or operator, within 60 days after the increase, must either cause the
			 penal sum to be increased to an amount at least equal to the current closure
			 cost estimate and submit evidence of such increase to the Director, or obtain
			 other financial assurance as specified in this section. Whenever the current
			 closure cost estimate decreases, the penal sum may be reduced to the amount of
			 the current closure cost estimate following written approval by the
			 Director.
(8) Under the terms of
			 the bond, the surety may cancel the bond by sending notice of cancellation by
			 certified mail to the owner or operator and to the Director. Cancellation may
			 not occur, however, during the 120 days beginning on the date of receipt of the
			 notice of cancellation by both the owner or operator and the Director, as
			 evidenced by the return receipts.
(9) The owner or operator may cancel the bond
			 if the Director has given prior written consent. The Director will provide such
			 written consent when:
(i) An owner or
			 operator substitutes alternate financial assurance as specified in this
			 section; or
(ii) The Director
			 releases the owner or operator from the requirements of this section in
			 accordance with § 264.143(i).
(10) The surety will not be liable for
			 deficiencies in the performance of closure by the owner or operator after the
			 Director releases the owner or operator from the requirements of this section
			 in accordance with § 264.143(i).
(d) Closure letter of credit.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining an irrevocable standby letter of
			 credit which conforms to the requirements of this paragraph and submitting the
			 letter to the Director. An owner or operator of a new facility must submit the
			 letter of credit to the Director at least 60 days before the date on which
			 hazardous waste is first received for treatment, storage, or disposal. The
			 letter of credit must be effective before this initial receipt of hazardous
			 waste. The issuing institution must be an entity which has the authority to
			 issue letters of credit and whose letter-of-credit operations are regulated and
			 examined by a Federal or State agency.
(2) The wording of the letter of credit must
			 be identical to the wording specified in § 264.151(d).
(3) An owner or operator who uses a letter of
			 credit to satisfy the requirements of this section must also establish a
			 standby trust fund. Under the terms of the letter of credit, all amounts paid
			 pursuant to a draft by the Director will be deposited by the issuing
			 institution directly into the standby trust fund in accordance with
			 instructions from the Director. This standby trust fund must meet the
			 requirements of the trust fund specified in § 264.143(a), except that:
(i) An originally signed duplicate of the
			 trust agreement must be submitted to the Director with the letter of credit;
			 and
(ii) Unless the standby trust
			 fund is funded pursuant to the requirements of this section, the following are
			 not required by these rules:
(A) Payments
			 into the trust fund as specified in § 264.143(a);
(B) Updating of Schedule A of the trust
			 agreement (see § 264.151(a)) to show current closure cost
			 estimates;
(C) Annual valuations as
			 required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The letter of credit must be accompanied
			 by a letter from the owner or operator referring to the letter of credit by
			 number, issuing institution, and date, and providing the following information:
			 the EPA Identification Number, name, and address of the facility, and the
			 amount of funds assured for closure of the facility by the letter of
			 credit.
(5) The letter of credit
			 must be irrevocable and issued for a period of at least 1 year. The letter of
			 credit must provide that the expiration date will be automatically extended for
			 a period of at least 1 year unless, at least 120 days before the current
			 expiration date, the issuing institution notifies both the owner or operator
			 and the Director by certified mail of a decision not to extend the expiration
			 date. Under the terms of the letter of credit, the 120 days will begin on the
			 date when both the owner or operator and the Director have received the notice,
			 as evidenced by the return receipts.
(6) The letter of credit must be issued in an
			 amount at least equal to the current closure cost estimate, except as provided
			 in § 264.143(g).
(7) Whenever
			 the current closure cost estimate increases to an amount greater than the
			 amount of the credit, the owner or operator, within 60 days after the increase,
			 must either cause the amount of the credit to be increased so that it at least
			 equals the current closure cost estimate and submit evidence of such increase
			 to the Director, or obtain other financial assurance as specified in this
			 section to cover the increase. Whenever the current closure cost estimate
			 decreases, the amount of the credit may be reduced to the amount of the current
			 closure cost estimate following written approval by the Director.
(8) Following a final administrative
			 determination pursuant to section 3008 of RCRA that the owner or operator has
			 failed to perform final closure in accordance with the closure plan and other
			 permit requirements when required to do so, the Director may draw on the letter
			 of credit.
(9) If the owner or
			 operator does not establish alternate financial assurance as specified in this
			 section and obtain written approval of such alternate assurance from the
			 Director within 90 days after receipt by both the owner or operator and the
			 Director of a notice from issuing institution that it has decided not to extend
			 the letter of credit beyond the current expiration date, the Director will draw
			 on the letter of credit. The Director may delay the drawing if the issuing
			 institution grants an extension of the term of the credit. During the last 30
			 days of any such extension the Director will draw on the letter of credit if
			 the owner or operator has failed to provide alternate financial assurance as
			 specified in this section and obtain written approval of such assurance from
			 the Director.
(10) The Director
			 will return the letter of credit to the issuing institution for termination
			 when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 264.143(i).
(e) Closure insurance.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining closure insurance which conforms to
			 the requirements of this paragraph and submitting a certificate of such
			 insurance to the Director. An owner or operator of a new facility must submit
			 the certificate of insurance
and a copy of the insurance policy
to the Director at least 60 days before the date on which hazardous
			 waste is first received for treatment, storage, or disposal. The insurance must
			 be effective before this initial receipt of hazardous waste. At a minimum, the
			 insurer must be 1) licensed to transact the business of insurance, or eligible
			 to provide insurance as an excess or surplus lines insurer
as
			 recognized by the Arkansas Insurance Department; and 2) have a current rating
			 of AAA, AA, or A as rated by Standard & Poor's; Aaa, Aa, or A if rated by
			 Moody's, or A++, A+, A, or A- if rated by A.M. Best. Captive insurance shall
			 not be used to provide financial assurance under the requirements of this Rule.
(2) The wording of the
			 certificate of insurance must be identical to the wording specified in §
			 264.151(e).
(3) The closure
			 insurance policy must be issued for a face amount at least equal to the current
			 closure cost estimate, except as provided in § 264.143(g). The term "face
			 amount" means the total amount the insurer is obligated to pay under the
			 policy. Actual payments by the insurer will not change the face amount,
			 although the insurer's future liability will be lowered by the amount of the
			 payments.
(4) The closure insurance
			 policy must guarantee that funds will be available to close the facility
			 whenever final closure occurs. The policy must also guarantee that once final
			 closure begins, the insurer will be responsible for paying out funds, up to an
			 amount equal to the face amount of the policy, upon the direction of the
			 Director, to such party or parties as the Director specifies.
Note: APC&EC Rule No. 23, Sections 264 and 265, subsections
				H refer to acceptable bond ratings by Standard & Poor's and Moody's as BBB
				or higher if rated by S&P, or Baa or higher if rated by Moody's. In recent
				years these rating companies have added suffixes of "+" or "-" to their ratings
				to indicate whether the bond is rated in the upper (+ or 1), median (no suffix,
				or 2) or lower (- or 3) third of all bonds rated under that category. Federal
				financial assurance rules have not been revised since the rating companies
				instituted this practice, and it is EPA's and DEQ's practice to consider bonds
				rated in the lower third (BBB- or Baa3) as if they were rated as BBB or Baa
				under the old rating scheme.
(5) After beginning partial or final closure,
			 an owner or operator or any other person authorized to conduct closure may
			 request reimbursements for closure expenditures by submitting itemized bills to
			 the Director. The owner or operator may request reimbursements for partial
			 closure only if the remaining value of the policy is sufficient to cover the
			 maximum costs of closing the facility over its remaining operating life. Within
			 60 days after receiving bills for closure activities, the Director will
			 instruct the insurer to make reimbursements in such amounts as the Director
			 specifies in writing, if the Director determines that the partial or final
			 closure expenditures are in accordance with the approved closure plan or
			 otherwise justified. If the Director has reason to believe that the maximum
			 cost of closure over the remaining life of the facility will be significantly
			 greater than the face amount of the policy, he may withhold reimbursements of
			 such amounts as he deems prudent until he determines, in accordance with §
			 264.143(i), that the owner or operator is no longer required to maintain
			 financial assurance for final closure of the facility. If the Director does not
			 instruct the insurer to make such reimbursements, he will provide the owner or
			 operator with a detailed written statement of reasons.
(6) The owner or operator must maintain the
			 policy in full force and effect until the Director consents to termination of
			 the policy by the owner or operator as specified in paragraph (e)(10) of this
			 section. Failure to pay the premium, without substitution of alternate
			 financial assurance as specified in this section, will constitute a significant
			 violation of these rules, warranting such remedy as the Director deems
			 necessary. Such violation will be deemed to begin upon receipt by the Director
			 of notice of future cancellation, termination, or failure to renew due to
			 nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy must contain a provision
			 allowing assignment of the policy to a successor owner or operator. Such
			 assignment may be conditional upon consent of the insurer, provided such
			 consent is not unreasonably refused.
(8) The policy must provide that the insurer
			 may not cancel, terminate, or fail to renew the policy except for failure to
			 pay the premium. The automatic renewal of the policy must, at a minimum,
			 provide the insured with the option of renewal at the face amount of the
			 expiring policy. If there is a failure to pay the premium, the insurer may
			 elect to cancel, terminate, or fail to renew the policy by sending notice by
			 certified mail to the owner or operator and the Director. Cancellation,
			 termination, or failure to renew may not occur, however, during the 120 days
			 beginning with the date of receipt of the notice by both the Director and the
			 owner or operator, as evidenced by the return receipts. Cancellation,
			 termination, or failure to renew may not occur and the policy will remain in
			 full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
			 abandoned; or
(ii) The permit is
			 terminated or revoked or a new permit is denied; or
(iii) Closure is ordered by the Director or a
			 U.S. district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor
			 in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S.
			 Code; or
(v) The premium due is
			 paid.
(9) Whenever the
			 current closure cost estimate increases to an amount greater than the face
			 amount of the policy, the owner or operator, within 60 days after the increase,
			 must either cause the face amount to be increased to an amount at least equal
			 to the current closure cost estimate and submit evidence of such increase to
			 the Director, or obtain other financial assurance as specified in this section
			 to cover the increase. Whenever the current closure cost estimate decreases,
			 the face amount may be reduced to the amount of the current closure cost
			 estimate following written approval by the Director.
(10) The Director will give written consent
			 to the owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 264.143(i).
(f) Financial test and corporate guarantee
			 for closure.
(1) An owner or operator may
			 satisfy the requirements of this section by demonstrating that he passes a
			 financial test as specified in this paragraph. To pass this test the owner or
			 operator must meet the criteria of either paragraph (f)(1)(i) or (ii) of this
			 section:
(i) The owner or operator must have:
(A) Two of the following three ratios: a
			 ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
			 net income plus depreciation, depletion, and amortization to total liabilities
			 greater than 0.1; and a ratio of current assets to current liabilities greater
			 than 1.5; and
(B) Net working
			 capital and tangible net worth each at least six times the sum of the current
			 closure and post-closure cost estimates and the current plugging and
			 abandonment cost estimates; and
(C)
			 Tangible net worth of at least $10 million; and
(D) Assets located in the United States
			 amounting to at least 90 percent of total assets or at least six times the sum
			 of the current closure and post-closure cost estimates and the current plugging
			 and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
			 issuance of AAA, AA, A, or BBB as
* issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued
				by Moody's ; and
(B)
			 Tangible net worth at least six times the sum of the current closure and
			 post-closure cost estimates and the current plugging and abandonment cost
			 estimates; and
(C) Tangible net
			 worth of at least $10 million; and
(D) Assets located in the United States
			 amounting to at least 90 percent of total assets or at least six times the sum
			 of the current closure and post-closure cost estimates and the current plugging
			 and abandonment cost estimates.
(2) The phrase "current closure and
			 post-closure cost estimates" as used in paragraph (f)(1) of this section refers
			 to the cost estimates required to be shown in paragraphs 1-4 of the letter from
			 the owner's or operator's chief financial officer (§ 264.151(f)). The
			 phrase "current plugging and abandonment cost estimates" as used in paragraph
			 (f)(1) of this section refers to the cost estimates required to be shown in
			 paragraphs 1-4 of the letter from the owner's or operator's chief financial
			 officer (
			 40 CFR
			 144.70(f) ).
(3) To demonstrate that he meets this test,
			 the owner or operator must submit the following items to the Director:
(i) A letter signed by the owner's or
			 operator's chief financial officer and worded as specified in §
			 264.151(f); and
(ii) A copy of the
			 independent certified public accountant's report on examination of the owner's
			 or operator's financial statements for the latest completed fiscal year;
			 and
(iii) A special report from the
			 owner's or operator's independent certified public accountant to the owner or
			 operator stating that:
(A) He has compared the
			 data which the letter from the chief financial officer specifies as having been
			 derived from the independently audited, year-end financial statements for the
			 latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
			 matters came to his attention which caused him to believe that the specified
			 data should be adjusted;
and
(iv)
A copy of the owner's or
			 operator's independently audited financial statements for the latest completed
			 fiscal year, with all notes and attachments.
(4) An owner or operator of a new facility
			 must submit the items specified in paragraph (f)(3) of this section to the
			 Director at least 60 days before the date on which hazardous waste is first
			 received for treatment, storage, or disposal.
(5) After the initial submission of items
			 specified in paragraph (f)(3) of this section, the owner or operator must send
			 updated information to the Director within 90 days after the close of each
			 succeeding fiscal year. This information must consist of all
four
items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets
			 the requirements of paragraph (f)(1) of this section, he must send notice to
			 the Director of intent to establish alternate financial assurance as specified
			 in this section. The notice must be sent by certified mail within 90 days after
			 the end of the fiscal year for which the year-end financial data show that the
			 owner or operator no longer meets the requirements. The owner or operator must
			 provide the alternate financial assurance within 120 days after the end of such
			 fiscal year.
(7) The Director may,
			 based on a reasonable belief that the owner or operator may no longer meet the
			 requirements of paragraph (f)(1) of this section, require reports of financial
			 condition at any time from the owner or operator in addition to those specified
			 in paragraph (f)(3) of this section. If the Director finds, on the basis of
			 such reports or other information, that the owner or operator no longer meets
			 the requirements of paragraph (f)(1) of this section, the owner or operator
			 must provide alternate financial assurance as specified in this section within
			 30 days after notification of such a finding.
(8) The Director may disallow use of this
			 test on the basis of qualifications in the opinion expressed by the independent
			 certified public accountant in his report on examination of the owner's or
			 operator's financial statements (see paragraph (f)(3)(ii) of this section). An
			 adverse opinion or a disclaimer of opinion will be cause for disallowance. The
			 Director will evaluate other qualifications on an individual basis. The owner
			 or operator must provide alternate financial assurance as specified in this
			 section within 30 days after notification of the disallowance.
(9) The owner or operator is no longer
			 required to submit the items specified in paragraph (f)(3) of this section
			 when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 264.143(i).
(10) An
			 owner or operator may meet the requirements of this section by obtaining a
			 written guarantee. The guarantor must be the direct or higher-tier parent
			 corporation of the owner or operator, a firm whose parent corporation is also
			 the parent corporation of the owner or operator, or a firm with a "substantial
			 business relationship" with the owner or operator. The guarantor must meet the
			 requirements for owners or operators in paragraphs (f)(1) through (8) of this
			 section and must comply with the terms of the guarantee. The wording of the
			 guarantee must be identical to the wording specified in § 264.151(h). The
			 certified copy of the guarantee must accompany the items sent to the Director
			 as specified in paragraph (f)(3) of this section. One of these items must be
			 the letter from the guarantor's chief financial officer. If the guarantor's
			 parent corporation is also the parent corporation of the owner or operator, the
			 letter must describe the value received in consideration of the guarantee. If
			 the guarantor is a firm with a "substantial business relationship" with the
			 owner or operator, this letter must describe this "substantial business
			 relationship" and the value received in consideration of the guarantee. The
			 terms of the guarantee must provide that:
(i)
			 If the owner or operator fails to perform final closure of a facility covered
			 by the corporate guarantee in accordance with the closure plan and other permit
			 requirements whenever required to do so, the guarantor will do so or establish
			 a trust fund as specified in § 264.143(a) in the name of the owner or
			 operator.
(ii) The corporate
			 guarantee will remain in force unless the guarantor sends notice of
			 cancellation by certified mail to the owner or operator and to the Director.
			 Cancellation may not occur, however, during the 120 days beginning on the date
			 of receipt of the notice of cancellation by both the owner or operator and the
			 Director, as evidenced by the return receipts.
(iii) If the owner or operator fails to
			 provide alternate financial assurance as specified in this section and obtain
			 the written approval of such alternate assurance from the Director within 90
			 days after receipt by both the owner or operator and the Director of a notice
			 of cancellation of the corporate guarantee from the guarantor, the guarantor
			 will provide such alternative financial assurance in the name of the owner or
			 operator. (g) Use of multiple financial mechanisms. An owner or operator may
			 satisfy the requirements of this section by establishing more than one
			 financial mechanism per facility. These mechanisms are limited to trust funds,
			 surety bonds guaranteeing payment into a trust fund, letters of credit, and
			 insurance. The mechanisms must be as specified in paragraphs (a), (b), (d), and
			 (e), respectively, of this section, except that it is the combination of
			 mechanisms, rather than the single mechanism, which must provide financial
			 assurance for an amount at least equal to the current closure cost estimate. If
			 an owner or operator uses a trust fund in combination with a surety bond or a
			 letter of credit, he may use the trust fund as the standby trust fund for the
			 other mechanisms. A single standby trust fund may be established for two or
			 more mechanisms. The Director may use any or all of the mechanisms to provide
			 for closure of the facility.
(h) Use of a financial mechanism for multiple
			 facilities. An owner or operator may use a financial assurance mechanism
			 specified in this section to meet the requirements of this section for more
			 than one facility. Evidence of financial assurance submitted to the Director
			 must include a list showing, for each facility, the EPA Identification Number,
			 name, address, and the amount of funds for closure assured by the mechanism. If
			 the facilities covered by the mechanism are in more than one Region, identical
			 evidence of financial assurance must be submitted to and maintained with the
			 Regional Administrators of all such Regions. The amount of funds available
			 through the mechanism must be no less than the sum of funds that would be
			 available if a separate mechanism had been established and maintained for each
			 facility. In directing funds available through the mechanism for closure of any
			 of the facilities covered by the mechanism, the Director may direct only the
			 amount of funds designated for that facility, unless the owner or operator
			 agrees to the use of additional funds available under the mechanism.
(i) Release of the owner or operator from the
			 requirements of this section. Within 60 days after receiving certifications
			 from the owner or operator and an independent registered professional engineer
			 that final closure has been completed in accordance with the approved closure
			 plan, the Director will notify the owner or operator in writing that he is no
			 longer required by this section to maintain financial assurance for final
			 closure of the facility, unless the Director has reason to believe that final
			 closure has not been in accordance with the approved closure plan. The Director
			 shall provide the owner or operator a detailed written statement of any such
			 reason to believe that closure has not been in accordance with the approved
			 closure plan.
§
			 264.144
Cost estimate for post-closure care
(a) The owner or operator of a disposal
			 surface impoundment, disposal miscellaneous unit, land treatment unit, or
			 landfill unit, or of a surface impoundment or waste pile required under
			 §§ 264.228 and 264.258 to prepare a contingent closure and
			 post-closure plan, must have a detailed written estimate, in current dollars,
			 of the annual cost of post-closure monitoring and maintenance of the facility
			 in accordance with the applicable post-closure rules in §§ 264.117
			 through 264.120, 264.228, 264.258, 264.280, 264.310, and 264.603.
(1) The post-closure cost estimate must be
			 based on the costs to the owner or operator of hiring a third party to conduct
			 post-closure care activities. A third party is a party who is neither a parent
			 nor a subsidiary of the owner or operator. (See definition of parent
			 corporation in § 264.141(d).)
(2) The post-closure cost estimate is
			 calculated by multiplying the annual post-closure cost estimate by the number
			 of years of post-closure care required under §
			 264.117.
(b) During the
			 active life of the facility, the owner or operator must adjust the post-closure
			 cost estimate for inflation within 60 days prior to the anniversary date of the
			 establishment of the financial instrument(s) used to comply with §
			 264.145. For owners or operators using the financial test or corporate
			 guarantee, the post-closure cost estimate must be updated for inflation within
			 30 days after the close of the firm's fiscal year and before the submission of
			 updated information to the Director as specified in § 264.145(f)(5). The
			 adjustment may be made by recalculating the post-closure cost estimate in
			 current dollars or by using an inflation factor derived from the most recent
			 Implicit Price Deflator for Gross National Product published by the U.S.
			 Department of Commerce in its Survey of Current Business as specified in §
			 264.145(b)(1) and (2). The inflation factor is the result of dividing the
			 latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by
			 multiplying the post-closure cost estimate by the inflation factor. The result
			 is the adjusted post-closure cost estimate.
(2) Subsequent adjustments are made by
			 multiplying the latest adjusted post-closure cost estimate by the latest
			 inflation factor.
(c)
			 During the active life of the facility, the owner or operator must revise the
			 post-closure cost estimate within 30 days after the Director has approved the
			 request to modify the post-closure plan, if the change in the post-closure plan
			 increases the cost of post-closure care. The revised post-closure cost estimate
			 must be adjusted for inflation as specified in § 264.144(b).
(d) The owner or operator must keep the
			 following at the facility during the operating life of the facility: The latest
			 post-closure cost estimate prepared in accordance with § 264.144 (a) and
			 (c) and, when this estimate has been adjusted in accordance with §
			 264.144(b), the latest adjusted post-closure cost estimate.
§ 264.145
Financial assurance for post-closure care
The owner or operator of a hazardous waste management unit
				subject to the requirements of § 264.144 must establish financial
				assurance for post-closure care in accordance with the approved post-closure
				plan for the facility 60 days prior to the initial receipt of hazardous waste
				or the effective date of the rule, whichever is later. He must choose from the
				following options:
(a) Post-closure
			 trust fund.
(1) An owner or operator may
			 satisfy the requirements of this section by establishing a post-closure trust
			 fund which conforms to the requirements of this paragraph and submitting an
			 originally signed duplicate of the trust agreement to the Director. An owner or
			 operator of a new facility must submit the originally signed duplicate of the
			 trust agreement to the Director at least 60 days before the date on which
			 hazardous waste is first received for disposal. The trustee must be an entity
			 which has the authority to act as a trustee and whose trust operations are
			 regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
			 be identical to the wording specified in § 264.151(a)(1), and the trust
			 agreement must be accompanied by a formal certification of acknowledgment (for
			 example, see § 264.151(a)(2)). Schedule A of the trust agreement must be
			 updated within 60 days after a change in the amount of the current post-closure
			 cost estimate covered by the agreement.
(3) Payments into the trust fund must be made
			 annually by the owner or operator over the term of the initial RCRA permit or
			 over the remaining operating life of the facility as estimated in the closure
			 plan, whichever period is shorter; this period is hereafter referred to as the
			 "pay-in period." The payments into the post-closure trust fund must be made as
			 follows:
(i) For a new facility, the first
			 payment must be made before the initial receipt of hazardous waste for
			 disposal. A receipt from the trustee for this payment must be submitted by the
			 owner or operator to the Director before this initial receipt of hazardous
			 waste. The first payment must be at least equal to the current post-closure
			 cost estimate, except as provided in § 264.145(g), divided by the number
			 of years in the pay-in period. Subsequent payments must be made no later than
			 30 days after each anniversary date of the first payment. The amount of each
			 subsequent payment must be determined by this formula:
Click here to view
				image
where CE is the current post-closure cost estimate, CV is the
				current value of the trust fund, and Y is the number of years remaining in the
				pay-in period.
(ii) If an
			 owner or operator establishes a trust fund as specified in § 265.145(a) of
			 this rule, and the value of that trust fund is less than the current
			 post-closure cost estimate when a permit is awarded for the facility, the
			 amount of the current post-closure cost estimate still to be paid into the fund
			 must be paid in over the pay-in period as defined in paragraph (a)(3) of this
			 section. Payments must continue to be made no later than 30 days after each
			 anniversary date of the first payment made pursuant to Section 265 of this
			 rule. The amount of each payment must be determined by this formula:
Click here to view
				image
where CE is the current post-closure cost estimate, CV is the
				current value of the trust fund, and Y is the number of years remaining in the
				pay-in period.
(4)
			 The owner or operator may accelerate payments into the trust fund or he may
			 deposit the full amount of the current post-closure cost estimate at the time
			 the fund is established. However, he must maintain the value of the fund at no
			 less than the value that the fund would have if annual payments were made as
			 specified in paragraph (a)(3) of this section.
(5) If the owner or operator establishes a
			 post-closure trust fund after having used one or more alternate mechanisms
			 specified in this section or in § 265.145 of this rule, his first payment
			 must be in at least the amount that the fund would contain if the trust fund
			 were established initially and annual payments made according to specifications
			 of this paragraph and § 265.145(a) of this rule, as applicable.
(6) After the pay-in period is completed,
			 whenever the current post-closure cost estimate changes during the operating
			 life of the facility, the owner or operator must compare the new estimate with
			 the trustee's most recent annual valuation of the trust fund. If the value of
			 the fund is less than the amount of the new estimate, the owner or operator,
			 within 60 days after the change in the cost estimate, must either deposit an
			 amount into the fund so that its value after this deposit at least equals the
			 amount of the current post-closure cost estimate, or obtain other financial
			 assurance as specified in this section to cover the difference.
(7) During the operating life of the
			 facility, if the value of the trust fund is greater than the total amount of
			 the current post-closure cost estimate, the owner or operator may submit a
			 written request to the Director for release of the amount in excess of the
			 current post-closure cost estimate.
(8) If an owner or operator substitutes other
			 financial assurance as specified in this section for all or part of the trust
			 fund, he may submit a written request to the Director for release of the amount
			 in excess of the current post-closure cost estimate covered by the trust
			 fund.
(9) Within 60 days after
			 receiving a request from the owner or operator for release of funds as
			 specified in paragraph (a) (7) or (8) of this section, the Director will
			 instruct the trustee to release to the owner or operator such funds as the
			 Director specifies in writing.
(10)
			 During the period of post-closure care, the Director may approve a release of
			 funds if the owner or operator demonstrates to the Director that the value of
			 the trust fund exceeds the remaining cost of post-closure care.
(11) An owner or operator or any other person
			 authorized to conduct post-closure care may request reimbursements for
			 post-closure care expenditures by submitting itemized bills to the Director.
			 Within 60 days after receiving bills for post-closure care activities, the
			 Director will instruct the trustee to make reimbursements in those amounts as
			 the Director specifies in writing, if the Director determines that the
			 post-closure care expenditures are in accordance with the approved post-closure
			 plan or otherwise justified. If the Director does not instruct the trustee to
			 make such reimbursements, he will provide the owner or operator with a detailed
			 written statement of reasons.
(12)
			 The Director will agree to termination of the trust when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 264.145(i).
(b) Surety bond guaranteeing payment into a
			 post-closure trust fund.
(1) An owner or
			 operator may satisfy the requirements of this section by obtaining a surety
			 bond which conforms to the requirements of this paragraph and submitting the
			 bond to the Director. An owner or operator of a new facility must submit the
			 bond to the Director at least 60 days before the date on which hazardous waste
			 is first received for disposal. The bond must be effective before this initial
			 receipt of hazardous waste. The surety company issuing the bond must, at a
			 minimum, be among those listed as acceptable sureties on Federal bonds in
			 Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be
			 identical to the wording specified in § 264.151(b).
(3) The owner or operator who uses a surety
			 bond to satisfy the requirements of this section must also establish a standby
			 trust fund. Under the terms of the bond, all payments made thereunder will be
			 deposited by the surety directly into the standby trust fund in accordance with
			 instructions from the Director. This standby trust fund must meet the
			 requirements specified in § 264.145(a), except that:
(i) An originally signed duplicate of the
			 trust agreement must be submitted to the Director with the surety bond;
			 and
(ii) Until the standby trust
			 fund is funded pursuant to the requirements of this section, the following are
			 not required by these rules:
(A) Payments into
			 the trust fund as specified in § 264.145(a);
(B) Updating of Schedule A of the trust
			 agreement (see § 264.151(a)) to show current post-closure cost
			 estimates;
(C) Annual valuations as
			 required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The bond must guarantee that the owner or
			 operator will:
(i) Fund the standby trust fund
			 in an amount equal to the penal sum of the bond before the beginning of final
			 closure of the facility; or
(ii)
			 Fund the standby trust fund in an amount equal to the penal sum within 15 days
			 after an administrative order to begin final closure issued by the Director
			 becomes final, or within 15 days after an order to begin final closure is
			 issued by a U.S. district court or other court of competent jurisdiction;
			 or
(iii) Provide alternate
			 financial assurance as specified in this section, and obtain the Director's
			 written approval of the assurance provided, within 90 days after receipt by
			 both the owner or operator and the Director of a notice of cancellation of the
			 bond from the surety.
(5) Under the terms of the bond, the surety
			 will become liable on the bond obligation when the owner or operator fails to
			 perform as guaranteed by the bond.
(6) The penal sum of the bond must be in an
			 amount at least equal to the current post-closure cost estimate, except as
			 provided in § 264.145(g).
(7)
			 Whenever the current post-closure cost estimate increases to an amount greater
			 than the penal sum, the owner or operator, within 60 days after the increase,
			 must either cause the penal sum to be increased to an amount at least equal to
			 the current post-closure cost estimate and submit evidence of such increase to
			 the Director, or obtain other financial assurance as specified in this section
			 to cover the increase. Whenever the current post-closure cost estimate
			 decreases, the penal sum may be reduced to the amount of the current
			 post-closure cost estimate following written approval by the
			 Director.
(8) Under the terms of
			 the bond, the surety may cancel the bond by sending notice of cancellation by
			 certified mail to the owner or operator and to the Director. Cancellation may
			 not occur, however, during the 120 days beginning on the date of receipt of the
			 notice of cancellation by both the owner or operator and the Director, as
			 evidenced by the return receipts.
(9) The owner or operator may cancel the bond
			 if the Director has given prior written consent based on his receipt of
			 evidence of alternate financial assurance as specified in this
			 section.
(c) Surety bond
			 guaranteeing performance of post-closure care.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining a surety bond which conforms to the
			 requirements of this paragraph and submitting the bond to the Director. An
			 owner or operator of a new facility must submit the bond to the Director at
			 least 60 days before the date on which hazardous waste is first received for
			 disposal. The bond must be effective before this initial receipt of hazardous
			 waste. The surety company issuing the bond must, at a minimum, be among those
			 listed as acceptable sureties on Federal bonds in Circular 570 of the U.S.
			 Department of the Treasury.
(2) The
			 wording of the surety bond must be identical to the wording specified in §
			 264.151(c).
(3) The owner or
			 operator who uses a surety bond to satisfy the requirements of this section
			 must also establish a standby trust fund. Under the terms of the bond, all
			 payments made thereunder will be deposited by the surety directly into the
			 standby trust fund in accordance with instructions from the Director. This
			 standby trust fund must meet the requirements specified in § 264.145(a),
			 except that:
(i) An originally signed
			 duplicate of the trust agreement must be submitted to the Director with the
			 surety bond; and
(ii) Unless the
			 standby trust fund is funded pursuant to the requirements of this section, the
			 following are not required by these rules:
(A)
			 Payments into the trust fund as specified in § 264.145(a);
(B) Updating of Schedule A of the trust
			 agreement (see § 264.151(a)) to show current post-closure cost
			 estimates;
(C) Annual valuations as
			 required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The bond must guarantee that the owner or
			 operator will:
(i) Perform post-closure care
			 in accordance with the post-closure plan and other requirements of the permit
			 for the facility; or
(ii) Provide
			 alternate financial assurance as specified in this section, and obtain the
			 Director's written approval of the assurance provided, within 90 days of
			 receipt by both the owner or operator and the Director of a notice of
			 cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety
			 will become liable on the bond obligation when the owner or operator fails to
			 perform as guaranteed by the bond. Following a final administrative
			 determination pursuant to section 3008 of RCRA that the owner or operator has
			 failed to perform post-closure care in accordance with the approved
			 post-closure plan and other permit requirements, under the terms of the bond
			 the surety will perform post-closure care in accordance with the post-closure
			 plan and other permit requirements or will deposit the amount of the penal sum
			 into the standby trust fund.
(6)
			 The penal sum of the bond must be in an amount at least equal to the current
			 post-closure cost estimate.
(7)
			 Whenever the current post-closure cost estimate increases to an amount greater
			 than the penal sum during the operating life of the facility, the owner or
			 operator, within 60 days after the increase, must either cause the penal sum to
			 be increased to an amount at least equal to the current post-closure cost
			 estimate and submit evidence of such increase to the Director, or obtain other
			 financial assurance as specified in this section. Whenever the current
			 post-closure cost estimate decreases during the operating life of the facility,
			 the penal sum may be reduced to the amount of the current post-closure cost
			 estimate following written approval by the Director.
(8) During the period of post-closure care,
			 the Director may approve a decrease in the penal sum if the owner or operator
			 demonstrates to the Director that the amount exceeds the remaining cost of
			 post-closure care.
(9) Under the
			 terms of the bond, the surety may cancel the bond by sending notice of
			 cancellation by certified mail to the owner or operator and to the Director.
			 Cancellation may not occur, however, during the 120 days beginning on the date
			 of receipt of the notice of cancellation by both the owner or operator and the
			 Director, as evidenced by the return receipts.
(10) The owner or operator may cancel the
			 bond if the Director has given prior written consent. The Director will provide
			 such written consent when:
(i) An owner or
			 operator substitutes alternate financial assurance as specified in this
			 section; or
(ii) The Director
			 releases the owner or operator from the requirements of this section in
			 accordance with § 264.145(i).
(11) The surety will not be liable for
			 deficiencies in the performance of post-closure care by the owner or operator
			 after the Director releases the owner or operator from the requirements of this
			 section in accordance with § 264.145(i).
(d) Post-closure letter of credit.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining an irrevocable standby letter of
			 credit which conforms to the requirements of this paragraph and submitting the
			 letter to the Director. An owner or operator of a new facility must submit the
			 letter of credit to the Director at least 60 days before the date on which
			 hazardous waste is first received for disposal. The letter of credit must be
			 effective before this initial receipt of hazardous waste. The issuing
			 institution must be an entity which has the authority to issue letters of
			 credit and whose letter-of-credit operations are regulated and examined by a
			 Federal or State agency.
(2) The
			 wording of the letter of credit must be identical to the wording specified in
			 § 264.151(d).
(3) An owner or
			 operator who uses a letter of credit to satisfy the requirements of this
			 section must also establish a standby trust fund. Under the terms of the letter
			 of credit, all amounts paid pursuant to a draft by the Director will be
			 deposited by the issuing institution directly into the standby trust fund in
			 accordance with instructions from the Director. This standby trust fund must
			 meet the requirements of the trust fund specified in § 264.145(a), except
			 that:
(i) An originally signed duplicate of
			 the trust agreement must be submitted to the Director with the letter of
			 credit; and
(ii) Unless the standby
			 trust fund is funded pursuant to the requirements of this section, the
			 following are not required by these rules:
(A) Payments into the trust fund as specified
			 in § 264.145(a);
(B) Updating
			 of Schedule A of the trust agreement (see § 264.151(a)) to show current
			 post-closure cost estimates;
(C)
			 Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The letter of credit must be accompanied
			 by a letter from the owner or operator referring to the letter of credit by
			 number, issuing institution, and date, and providing the following information:
			 the EPA Identification Number, name, and address of the facility, and the
			 amount of funds assured for post-closure care of the facility by the letter of
			 credit.
(5) The letter of credit
			 must be irrevocable and issued for a period of at least 1 year. The letter of
			 credit must provide that the expiration date will be automatically extended for
			 a period of at least 1 year unless, at least 120 days before the current
			 expiration date, the issuing institution notifies both the owner or operator
			 and the Director by certified mail of a decision not to extend the expiration
			 date. Under the terms of the letter of credit, the 120 days will begin on the
			 date when both the owner or operator and the Director have received the notice,
			 as evidenced by the return receipts.
(6) The letter of credit must be issued in a
			 amount at least equal to the current post-closure cost estimate, except as
			 provided in § 264.145(g).
(7)
			 Whenever the current post-closure cost estimate increases to an amount greater
			 than the amount of the credit during the operating life of the facility, the
			 owner or operator, within 60 days after the increase, must either cause the
			 amount of the credit to be increased so that it at least equals the current
			 post-closure cost estimate and submit evidence of such increase to the
			 Director, or obtain other financial assurance as specified in this section to
			 cover the increase. Whenever the current post-closure cost estimate decreases
			 during the operating life of the facility, the amount of the credit may be
			 reduced to the amount of the current post-closure cost estimate following
			 written approval by the Director.
(8) During the period of post-closure care,
			 the Director may approve a decrease in the amount of the letter of credit if
			 the owner or operator demonstrates to the Director that the amount exceeds the
			 remaining cost of post-closure care.
(9) Following a final administrative
			 determination pursuant to section 3008 of RCRA that the owner or operator has
			 failed to perform post-closure care in accordance with the approved
			 post-closure plan and other permit requirements, the Director may draw on the
			 letter of credit.
(10) If the owner
			 or operator does not establish alternate financial assurance as specified in
			 this section and obtain written approval of such alternate assurance from the
			 Director within 90 days after receipt by both the owner or operator and the
			 Director of a notice from the issuing institution that it has decided not to
			 extend the letter of credit beyond the current expiration date, the Director
			 will draw on the letter of credit. The Director may delay the drawing if the
			 issuing institution grants an extension of the term of the credit. During the
			 last 30 days of any such extension the Director will draw on the letter of
			 credit if the owner or operator has failed to provide alternate financial
			 assurance as specified in this section and obtain written approval of such
			 assurance from the Director.
(11)
			 The Director will return the letter of credit to the issuing institution for
			 termination when:
(i) An owner or operator
			 substitutes alternate financial assurance as specified in this section;
			 or
(ii) The Director releases the
			 owner or operator from the requirements of this section in accordance with
			 § 264.145(i).
(e) Post-closure insurance.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining post-closure insurance which conforms
			 to the requirements of this paragraph and submitting a certificate of such
			 insurance
and a copy of the insurance policy
to the Director.
			 An owner or operator of a new facility must submit the certificate of insurance
			 to the Director at least 60 days before the date on which hazardous waste is
			 first received for disposal. The insurance must be effective before this
			 initial receipt of hazardous waste. At a minimum, the insurer must be 1)
			 licensed to transact the business of insurance, or eligible to provide
			 insurance as an excess or surplus lines insurer
as recognized by the
			 Arkansas Insurance Department; and 2) have a current rating of AAA, AA, or A as
			 rated by Standard & Poor's; Aaa, Aa, or A if rated by Moody's, or A++, A+,
			 A, or A- if rated by A.M. Best. Captive insurance shall not be used to provide
			 financial assurance under the requirements of this
Rule
.
(2) The wording of the
			 certificate of insurance must be identical to the wording specified in §
			 264. 151(e).
(3) The post-closure
			 insurance policy must be issued for a face amount at least equal to the current
			 post-closure cost estimate, except as provided in § 264.145(g). The term
			 "face amount" means the total amount the insurer is obligated to pay under the
			 policy. Actual payments by the insurer will not change the face amount,
			 although the insurer's future liability will be lowered by the amount of the
			 payments.
(4) The post-closure
			 insurance policy must guarantee that funds will be available to provide
			 post-closure care of the facility whenever the post-closure period begins. The
			 policy must also guarantee that once post-closure care begins, the insurer will
			 be responsible for paying out funds, up to an amount equal to the face amount
			 of the policy, upon the direction of the Director, to such party or parties as
			 the Director specifies.
(5) An
			 owner or operator or any other person authorized to conduct post-closure care
			 may request reimbursements for post-closure care expenditures by submitting
			 itemized bills to the Director. Within 60 days after receiving bills for
			 post-closure care activities, the Director will instruct the insurer to make
			 reimbursements in those amounts as the Director specifies in writing, if the
			 Director determines that the post-closure care expenditures are in accordance
			 with the approved post-closure plan or otherwise justified. If the Director
			 does not instruct the insurer to make such reimbursements, he will provide the
			 owner or operator with a detailed written statement of reasons.
(6) The owner or operator must maintain the
			 policy in full force and effect until the Director consents to termination of
			 the policy by the owner or operator as specified in paragraph (e)(11) of this
			 section. Failure to pay the premium, without substitution of alternate
			 financial assurance as specified in this section, will constitute a significant
			 violation of these rules, warranting such remedy as the Director deems
			 necessary. Such violation will be deemed to begin upon receipt by the Director
			 of a notice of future cancellation, termination, or failure to renew due to
			 nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy must contain a provision
			 allowing assignment of the policy to a successor owner or operator. Such
			 assignment may be conditional upon consent of the insurer, provided such
			 consent is not unreasonably refused.
(8) The policy must provide that the insurer
			 may not cancel, terminate, or fail to renew the policy except for failure to
			 pay the premium. The automatic renewal of the policy must, at a minimum,
			 provide the insured with the option of renewal at the face amount of the
			 expiring policy. If there is a failure to pay the premium, the insurer may
			 elect to cancel, terminate, or fail to renew the policy by sending notice by
			 certified mail to the owner or operator and the Director. Cancellation,
			 termination, or failure to renew may not occur, however, during the 120 days
			 beginning with the date of receipt of the notice by both the Director and the
			 owner or operator, as evidenced by the return receipts. Cancellation,
			 termination, or failure to renew may not occur and the policy will remain in
			 full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
			 abandoned; or
(ii) The permit is
			 terminated or revoked or a new permit is denied; or
(iii) Closure is ordered by the Director or a
			 U.S. district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor
			 in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S.
			 Code; or
(v) The premium due is
			 paid.
(9) Whenever the
			 current post-closure cost estimate increases to an amount greater than the face
			 amount of the policy during the operating life of the facility, the owner or
			 operator, within 60 days after the increase, must either cause the face amount
			 to be increased to an amount at least equal to the current post-closure cost
			 estimate and submit evidence of such increase to the Director, or obtain other
			 financial assurance as specified in this section to cover the increase.
			 Whenever the current post-closure cost estimate decreases during the operating
			 life of the facility, the face amount may be reduced to the amount of the
			 current post-closure cost estimate following written approval by the
			 Director.
(10) Commencing on the
			 date that liability to make payments pursuant to the policy accrues, the
			 insurer will thereafter annually increase the face amount of the policy. Such
			 increase must be equivalent to the face amount of the policy, less any payments
			 made, multiplied by an amount equivalent to 85 percent of the most recent
			 investment rate or of the equivalent coupon-issue yield announced by the U.S.
			 Treasury for 26-week Treasury securities.
(11) The Director will give written consent
			 to the owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 264.145(i).
(f)
			  Financial test and corporate guarantee for post-closure care.
(1) An owner or operator may satisfy the
			 requirements of this section by demonstrating that he passes a financial test
			 as specified in this paragraph. To pass this test the owner or operator must
			 meet the criteria of either paragraph (f)(1)(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: a
			 ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
			 net income plus depreciation, depletion, and amortization to total liabilities
			 greater than 0.1; and a ratio of current assets to current liabilities greater
			 than 1.5; and
(B) Net working
			 capital and tangible net worth each at least six times the sum of the current
			 closure and post-closure cost estimates and the current plugging and
			 abandonment cost estimates; and
(C)
			 Tangible net worth of at least $10 million; and
(D) Assets in the United States amounting to
			 at least 90 percent of his total assets or at least six times the sum of the
			 current closure and post-closure cost estimates and the current plugging and
			 abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
			 issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A
			 or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the
			 sum of the current closure and post-closure cost estimates and the current
			 plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10
			 million; and
(D) Assets located in
			 the United States amounting to at least 90 percent of his total assets or at
			 least six times the sum of the current closure and post-closure cost estimates
			 and the current plugging and abandonment cost estimates.
(2) The phrase "current
			 closure and post-closure cost estimates" as used in paragraph (f)(1) of this
			 section refers to the cost estimates required to be shown in paragraphs 1-4 of
			 the letter from the owner's or operator's chief financial officer (§
			 264.151(f)). The phrase "current plugging and abandonment cost estimates" as
			 used in paragraph (f)(1) of this section refers to the cost estimates required
			 to be shown in paragraphs 1-4 of the letter from the owner's or operator's
			 chief financial officer (
			 40 CFR
			 144.70(f) ).
(3) To demonstrate that he meets this test,
			 the owner or operator must submit the following items to the Director:
(i) A letter signed by the owner's or
			 operator's chief financial officer and worded as specified in §
			 264.151(f); and
(ii) A copy of the
			 independent certified public accountant's report on examination of the owner's
			 or operator's financial statements for the latest completed fiscal year;
			 and
(iii) A special report from the
			 owner's or operator's independent certified public accountant to the owner or
			 operator stating that:
(A) He has compared the
			 data which the letter from the chief financial officer specifies as having been
			 derived from the independently audited, year-end financial statements for the
			 latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
			 matters came to his attention which caused him to believe that the specified
			 data should be adjusted;
and
(iv)
A copy of the owner's or
			 operator's independently audited financial statements for the latest completed
			 fiscal year, with all notes and attachments.
(4) An owner or operator of a new facility
			 must submit the items specified in paragraph (f)(3) of this section to the
			 Director at least 60 days before the date on which hazardous waste is first
			 received for disposal.
(5) After
			 the initial submission of items specified in paragraph (f)(3) of this section,
			 the owner or operator must send updated information to the Director within 90
			 days after the close of each succeeding fiscal year. This information must
			 consist of all
four
items specified in paragraph (f)(3) of
			 this section.
(6) If the owner or
			 operator no longer meets the requirements of paragraph (f)(1) of this section,
			 he must send notice to the Director of intent to establish alternate financial
			 assurance as specified in this section. The notice must be sent by certified
			 mail within 90 days after the end of the fiscal year for which the year-end
			 financial data show that the owner or operator no longer meets the
			 requirements. The owner or operator must provide the alternate financial
			 assurance within 120 days after the end of such fiscal year.
(7) The Director may, based on a reasonable
			 belief that the owner or operator may no longer meet the requirements of
			 paragraph (f)(1) of this section, require reports of financial condition at any
			 time from the owner or operator in addition to those specified in paragraph
			 (f)(3) of this section. If the Director finds, on the basis of such reports or
			 other information, that the owner or operator no longer meets the requirements
			 of paragraph (f)(1) of this section, the owner or operator must provide
			 alternate financial assurance as specified in this section within 30 days after
			 notification of such a finding.
(8)
			 The Director may disallow use of this test on the basis of qualifications in
			 the opinion expressed by the independent certified public accountant in his
			 report on examination of the owner's or operator's financial statements (see
			 paragraph (f)(3)(ii) of this section). An adverse opinion or a disclaimer of
			 opinion will be cause for disallowance. The Director will evaluate other
			 qualifications on an individual basis. The owner or operator must provide
			 alternate financial assurance as specified in this section within 30 days after
			 notification of the disallowance.
(9) During the period of post-closure care,
			 the Director may approve a decrease in the current post-closure cost estimate
			 for which this test demonstrates financial assurance if the owner or operator
			 demonstrates to the Director that the amount of the cost estimate exceeds the
			 remaining cost of post-closure care.
(10) The owner or operator is no longer
			 required to submit the items specified in paragraph (f)(3) of this section
			 when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 264.145(i).
(11) An
			 owner or operator may meet the requirements for this section by obtaining a
			 written guarantee. The guarantor must be the direct of higher-tier parent
			 corporation of the owner or operator, a firm whose parent corporation is also
			 the parent corporation of the owner or operator, or a firm with a "substantial
			 business relationship" with the owner or operator. The guarantor must meet the
			 requirements for owners or operators in paragraphs (f)(1) through (9) of this
			 section and must comply with the terms of the guarantee. The wording of the
			 guarantee must be identical to the wording specified in § 264.151(h). A
			 certified copy of the guarantee must accompany the items sent to the Director
			 as specified in paragraph (f)(3) of this section. One of these items must be
			 the letter from the guarantor's chief financial officer. If the guarantor's
			 parent corporation is also the parent corporation of the owner or operator, the
			 letter must describe the value received in consideration of the guarantee. If
			 the guarantor is a firm with a "substantial business relationship" with the
			 owner or operator, this letter must describe this "substantial business
			 relationship" and the value received in consideration of the guarantee. The
			 terms of the guarantee must provide that:
(i)
			 If the owner or operator fails to perform post-closure care of a facility
			 covered by the corporate guarantee in accordance with the post-closure plan and
			 other permit requirements whenever required to do so, the guarantor will do so
			 or establish a trust fund as specified in § 264.145(a) in the name of the
			 owner or operator.
(ii) The
			 corporate guarantee will remain in force unless the guarantor sends notice of
			 cancellation by certified mail to the owner or operator and to the Director.
			 Cancellation may not occur, however, during the 120 days beginning on the date
			 of receipt of the notice of cancellation by both the owner or operator and the
			 Director, as evidenced by the return receipts.
(iii) If the owner or operator fails to
			 provide alternate financial assurance as specified in this section and obtain
			 the written approval of such alternate assurance from the Director within 90
			 days after receipt by both the owner or operator and the Director of a notice
			 of cancellation of the corporate guarantee from the guarantor, the guarantor
			 will provide such alternate financial assurance in the name of the owner or
			 operator.
(g)
			 Use of multiple financial mechanisms. An owner or operator may satisfy the
			 requirements of this section by establishing more than one financial mechanism
			 per facility. These mechanisms are limited to trust funds, surety bonds
			 guaranteeing payment into a trust fund, letters of credit, and insurance. The
			 mechanisms must be as specified in paragraphs (a), (b), (d), and (e),
			 respectively, of this section, except that it is the combination of mechanisms,
			 rather than the single mechanism, which must provide financial assurance for an
			 amount at least equal to the current post-closure cost estimate. If an owner or
			 operator uses a trust fund in combination with a surety bond or a letter of
			 credit, he may use the trust fund as the standby trust fund for the other
			 mechanisms. A single standby trust fund may be established for two or more
			 mechanisms. The Director may use any or all of the mechanisms to provide for
			 post-closure care of the facility.
(h) Use of a financial mechanism for multiple
			 facilities. An owner or operator may use a financial assurance mechanism
			 specified in this section to meet the requirements of this section for more
			 than one facility. Evidence of financial assurance submitted to the Director
			 must include a list showing, for each facility, the EPA Identification Number,
			 name, address, and the amount of funds for post-closure care assured by the
			 mechanism. If the facilities covered by the mechanism are in more than one EPA
			 Region, identical evidence of financial assurance must be submitted to and
			 maintained with the Regional Administrators of each affected Region. The amount
			 of funds available through the mechanism must be no less than the sum of funds
			 that would be available if a separate mechanism had been established and
			 maintained for each facility. In directing funds available through the
			 mechanism for post-closure care of any of the facilities covered by the
			 mechanism, the Director may direct only the amount of funds designated for that
			 facility, unless the owner or operator agrees to the use of additional funds
			 available under the mechanism.
(i)
			 Release of the owner or operator from the requirements of this section. Within
			 60 days after receiving certifications from the owner or operator and an
			 independent registered professional engineer that the post-closure care period
			 has been completed for a hazardous waste disposal unit in accordance with the
			 approved plan, the Director will notify the owner or operator that he is no
			 longer required to maintain financial assurance for post-closure care of that
			 unit, unless the Director has reason to believe that post-closure care has not
			 been in accordance with the approved post-closure plan. The Director shall
			 provide the owner or operator with a detailed written statement of any such
			 reason to believe that post-closure care has not been in accordance with the
			 approved post-closure plan.
§
			 264.146
Use of a mechanism for financial assurance of both
			 closure and post-closure care
An owner or operator may satisfy the requirements for financial
				assurance for both closure and post-closure care for one or more facilities by
				using a trust fund, surety bond, letter of credit, insurance, financial test,
				or corporate guarantee that meets the specifications for the mechanism in both
				§§ 264.143 and 264.145. The amount of funds available through the
				mechanism must be no less than the sum of funds that would be available if a
				separate mechanism had been established and maintained for financial assurance
				of closure and of post-closure care.
§ 264.147
Liability
			 requirements
(a) Coverage for sudden
			 accidental occurrences. An owner or operator of a hazardous waste treatment,
			 storage, or disposal facility, or a group of such facilities, must demonstrate
			 financial responsibility for bodily injury and property damage to third parties
			 caused by sudden accidental occurrences arising from operations of the facility
			 or group of facilities. The owner or operator must have and maintain liability
			 coverage for sudden accidental occurrences in the amount of at least $1 million
			 per occurrence with an annual aggregate of at least $2 million, exclusive of
			 legal defense costs. This liability coverage may be demonstrated as specified
			 in paragraphs (a) (1), (2), (3), (4), (5), or (6) of this section:
(1) An owner or operator may demonstrate the
			 required liability coverage by having liability insurance as specified in this
			 paragraph.
(i) Each insurance policy must be
			 amended by attachment of the Hazardous Waste Facility Liability Endorsement or
			 evidenced by a Certificate of Liability Insurance. The wording of the
			 endorsement must be identical to the wording specified in § 264.151(i).
			 The wording of the certificate of insurance must be identical to the wording
			 specified in § 264.151(j). The owner or operator must submit a signed
			 duplicate original of the endorsement or the certificate of insurance to the
			 Director, or Directors if the facilities are located in more than one state.
			 The owner or operator must provide a signed duplicate original of the insurance
			 policy. An owner or operator of a new facility must submit the signed duplicate
			 original of the Hazardous Waste Facility Liability Endorsement or the
			 Certificate of Liability Insurance to the Director at least 60 days before the
			 date on which hazardous waste is first received for treatment, storage, or
			 disposal. The insurance must be effective before this initial receipt of
			 hazardous waste.
(ii) Each
			 insurance policy must be issued by an insurer which, at a minimum, is licensed
			 to transact the business of insurance, or eligible to provide insurance as an
			 excess or surplus lines insurer
as recognized by the Arkansas Insurance
			 Department; and must have a current rating of AAA, AA, or A as rated by
			 Standard & Poor's; Aaa, Aa, or A if rated by Moody's, or A++, A+, A, or A-
			 if rated by A.M. Best. Captive insurance shall not be used to provide financial
			 assurance under the requirements of this Rule.
(2) An owner or operator may meet the
			 requirements of this section by passing a financial test or using the guarantee
			 for liability coverage as specified in paragraphs (f) and (g) of this
			 section.
(3) An owner or operator
			 may meet the requirements of this section by obtaining a letter of credit for
			 liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
			 requirements of this section by obtaining a surety bond for liability coverage
			 as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
			 requirements of this section by obtaining a trust fund for liability coverage
			 as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
			 required liability coverage through the use of combinations of insurance,
			 financial test, guarantee, letter of credit, surety bond, and trust fund,
			 except that the owner or operator may not combine a financial test covering
			 part of the liability coverage requirement with a guarantee unless the
			 financial statement of the owner or operator is not consolidated with the
			 financial statement of the guarantor. The amounts of coverage demonstrated must
			 total at least the minimum amounts required by this section. If the owner or
			 operator demonstrates the required coverage through the use of a combination of
			 financial assurances under this paragraph, the owner or operator shall specify
			 at least one such assurance as "primary" coverage and shall specify other
			 assurance as "excess" coverage.
(7)
			 An owner or operator shall notify the Director in writing within 30 days
			 whenever:
(i) A claim results in a reduction
			 in the amount of financial assurance for liability coverage provided by a
			 financial instrument authorized in paragraphs (a)(1) through (a)(6) of this
			 section; or
(ii) A Certification of
			 Valid Claim for bodily injury or property damages caused by a sudden or
			 non-sudden accidental occurrence arising from the operation of a hazardous
			 waste treatment, storage, or disposal facility is entered between the owner or
			 operator and third-party claimant for liability coverage under paragraphs
			 (a)(1) through (a)(6) of this section; or
(iii) A final court order establishing a
			 judgment for bodily injury or property damage caused by a sudden or non-sudden
			 accidental occurrence arising from the operation of a hazardous waste
			 treatment, storage, or disposal facility is issued against the owner or
			 operator or an instrument that is providing financial assurance for liability
			 coverage under paragraphs (a)(1) through (a)(6) of this
			 section.
(b)
			 Coverage for nonsudden accidental occurrences. An owner or operator of a
			 surface impoundment, landfill, land treatment facility, disposal miscellaneous
			 unit that is used to manage hazardous waste, or a group of such facilities,
			 must demonstrate financial responsibility for bodily injury and property damage
			 to third parties caused by nonsudden accidental occurrences arising from
			 operations of the facility or group of facilities. The owner or operator must
			 have and maintain liability coverage for nonsudden accidental occurrences in
			 the amount of at least $3 million per occurrence with an annual aggregate of at
			 least $6 million, exclusive of legal defense costs. An owner or operator who
			 must meet the requirements of this section may combine the required
			 per-occurrence coverage levels for sudden and nonsudden accidental occurrences
			 into a single per-occurrence level, and combine the required annual aggregate
			 coverage levels for sudden and non-sudden accidental occurrences into a single
			 annual aggregate level. Owners or operators who combine coverage levels for
			 sudden and non-sudden accidental occurrences must maintain liability coverage
			 in the amount of at least $4 million per occurrence and $8 million annual
			 aggregate. This liability coverage may be demonstrated as specified in
			 paragraphs (b) (1), (2), (3), (4), (5), or (6), of this section:
(1) An owner or operator may demonstrate the
			 required liability coverage by having liability insurance as specified in this
			 paragraph.
(i) Each insurance policy must be
			 amended by attachment of the Hazardous Waste Facility Liability Endorsement or
			 evidenced by a Certificate of Liability Insurance. The wording of the
			 endorsement must be identical to the wording specified in § 264.151(i).
			 The wording of the certificate of insurance must be identical to the wording
			 specified in § 264.151(j). The owner or operator must submit a signed
			 duplicate original of the endorsement or the certificate of insurance to the
			 Director, or Directors if the facilities are located in more than one state.
			 The owner or operator must provide a signed duplicate original of the insurance
			 policy. An owner or operator of a new facility must submit the signed duplicate
			 original of the Hazardous Waste Facility Liability Endorsement or the
			 Certificate of Liability Insurance to the Director at least 60 days before the
			 date on which hazardous waste is first received for treatment, storage, or
			 disposal. The insurance must be effective before this initial receipt of
			 hazardous waste.
(ii) Each
			 insurance policy must be issued by an insurer which, at a minimum, is licensed
			 to transact the business of insurance, or eligible to provide insurance as an
			 excess or surplus lines insu
rer as recognized by the Arkansas Insurance
			 Department; and must have a current rating of AAA, AA, or A as rated by
			 Standard & Poor's; Aaa, Aa, or A if rated by Moody's, or A++, A+, A, or A-
			 if rated by A.M. Best. Captive insurance shall not be used to provide financial
			 assurance under the requirements of this Rule.
(2) An owner or operator may meet the
			 requirements of this section by passing a financial test or using the guarantee
			 for liability coverage as specified in paragraphs (f) and (g) of this
			 section.
(3) An owner or operator
			 may meet the requirements of this section by obtaining a letter of credit for
			 liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
			 requirements of this section by obtaining a surety bond for liability coverage
			 as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
			 requirements of this section by obtaining a trust fund for liability coverage
			 as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
			 required liability coverage through the use of combinations of insurance,
			 financial test, guarantee, letter of credit, surety bond, and trust fund,
			 except that the owner or operator may not combine a financial test covering
			 part of the liability coverage requirement with a guarantee unless the
			 financial statement of the owner or operator is not consolidated with the
			 financial statement of the guarantor. The amounts of coverage demonstrated must
			 total at least the minimum amount required by this section. If the owner or
			 operator demonstrates the required coverage through the use of a combination of
			 financial assurances under this paragraph, the owner or operator shall specify
			 at least one such assurance as "primary" coverage and shall specify other
			 assurance as "excess" coverage.
(7)
			 An owner or operator shall notify the Director in writing within 30 days
			 whenever:
(i) A Claim results in a reduction
			 in the amount of financial assurance for liability coverage provided by a
			 financial instrument authorized in paragraphs (b)(1) through (b)(6) of this
			 section; or
(ii) A Certification of
			 Valid Claim for bodily injury or property damages caused by a sudden or
			 non-sudden accidental occurrence arising from the operation of a hazardous
			 waste treatment, storage, or disposal facility is entered between the owner or
			 operator and third-party claimant for liability coverage under paragraphs
			 (b)(1) through (b)(6) of this section; or
(iii) A final court order establishing a
			 judgment for bodily injury or property damage caused by a sudden or non-sudden
			 accidental occurrence arising from the operation of a hazardous waste
			 treatment, storage, or disposal facility is issued against the owner or
			 operator or an instrument that is providing financial assurance for liability
			 coverage under paragraphs (b)(1) through (b)(6) of this section.
(c) Request
			 for variance. If an owner or operator can demonstrate to the satisfaction of
			 the Director that the levels of financial responsibility required by paragraph
			 (a) or (b) of this section are not consistent with the degree and duration of
			 risk associated with treatment, storage, or disposal at the facility or group
			 of facilities, the owner or operator may obtain a variance from the Director.
			 The request for a variance must be submitted to the Director as part of the
			 application under § 270.14 of this rule for a facility that does not have
			 a permit, or pursuant to the procedures for permit modification under
			 40
			 CFR 124.5 for a facility that has a permit.
			 If granted, the variance will take the form of an adjusted level of required
			 liability coverage, such level to be based on the Director's assessment of the
			 degree and duration of risk associated with the ownership or operation of the
			 facility or group of facilities. The Director may require an owner or operator
			 who requests a variance to provide such technical and engineering information
			 as is deemed necessary by the Director to determine a level of financial
			 responsibility other than that required by paragraph (a) or (b) of this
			 section. Any request for a variance for a permitted facility will be treated as
			 a request for a permit modification under §§ 270.41(a)(5) and 124.5
			 of this rule.
(d) Adjustments by
			 the Director. If the Director determines that the levels of financial
			 responsibility required by paragraph (a) or (b) of this section are not
			 consistent with the degree and duration of risk associated with treatment,
			 storage, or disposal at the facility or group of facilities,
the Director may adjust the level of financial responsibility
				required under paragraph (a) or (b) of this section as may be necessary to
				protect human health and the environment. This adjusted level will be based on
				the Director's assessment of the degree and duration of risk associated with
				the ownership or operation of the facility or group of facilities. In addition,
				if the Director determines that there is a significant risk to human health and
				the environment from nonsudden accidental occurrences resulting from the
				operations of a facility that is not a surface impoundment, landfill, or land
				treatment facility, he may require that an owner or operator of the facility
				comply with paragraph (b) of this section. An owner or operator must furnish to
				the Director, within a reasonable time, any information which the Director
				requests to determine whether cause exists for such adjustments of level or
				type of coverage. Any adjustment of the level or type of coverage for a
				facility that has a permit will be treated as a permit modification under
				§§ 270.41(a)(5) and 124.5 of this rule.
(e) Period of coverage. Within 60 days after
			 receiving certifications from the owner or operator and an independent
			 registered professional engineer that final closure has been completed in
			 accordance with the approved closure plan, the Director will notify the owner
			 or operator in writing that he is no longer required by this section to
			 maintain liability coverage for that facility, unless the Director has reason
			 to believe that closure has not been in accordance with the approved closure
			 plan.
(f) Financial test for
			 liability coverage.
(1) An owner or operator
			 may satisfy the requirements of this section by demonstrating that he passes a
			 financial test as specified in this paragraph. To pass this test the owner or
			 operator must meet the criteria of paragraph (f)(1)(i) or (ii):
(i) The owner or operator must have:
(A) Net working capital and tangible net
			 worth each at least six times the amount of liability coverage to be
			 demonstrated by this test; and
(B)
			 Tangible net worth of at least $10 million; and
(C) Assets in the United States amounting to
			 either:
(1) At least 90 percent of his total
			 assets; or (2) at least six times the amount of liability coverage to be
			 demonstrated by this test.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
			 issuance of AAA, AA, A, or BBB as issued by Standard and Poor's, or Aaa, Aa, A,
			 or Baa as issued by Moody's; and
(B) Tangible net worth of at least $10
			 million; and
(C) Tangible net worth
			 at least six times the amount of liability coverage to be demonstrated by this
			 test; and
(D) Assets in the United
			 States amounting to either:
(1) At least 90
			 percent of his total assets; or (2) at least six times the amount of liability
			 coverage to be demonstrated by this test.
(2) The phrase "amount of liability coverage"
			 as used in paragraph (f)(1) of this section refers to the annual aggregate
			 amounts for which coverage is required under paragraphs (a) and (b) of this
			 section.
(3) To demonstrate that he
			 meets this test, the owner or operator must submit the following
four
items to the Director:
(i) A letter
			 signed by the owner's or operator's chief financial officer and worded as
			 specified in § 264.151(g). If an owner or operator is using the financial
			 test to demonstrate both assurance for closure or post-closure care, as
			 specified by §§ 264.143(f), 264.145(f), 265.143(e), and 265.145(e),
			 and liability coverage, he must submit the letter specified in §
			 264.151(g) to cover both forms of financial responsibility; a separate letter
			 as specified in § 264.151(f) is not required.
(ii) A copy of the independent certified
			 public accountant's report on examination of the owner's or operator's
			 financial statements for the latest completed fiscal year.
(iii) A special report from the owner's or
			 operator's independent certified public accountant to the owner or operator
			 stating that:
(A) He has compared the data
			 which the letter from the chief financial officer specifies as having been
			 derived from the independently audited, year-end financial statements for the
			 latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
			 matters came to his attention which caused him to believe that the specified
			 data should be adjusted; and
(iv)
A copy of the owner's or
			 operator's independently audited financial statements for the latest completed
			 fiscal year, with all notes and attachments.
(4) An owner or operator of a new facility
			 must submit the items specified in paragraph (f)(3) of this section to the
			 Director at least 60 days before the date on which hazardous waste is first
			 received for treatment, storage, or disposal.
(5) After the initial submission of items
			 specified in paragraph (f)(3) of this section, the owner or operator must send
			 updated information to the Director within 90 days after the close of each
			 succeeding fiscal year. This information must consist of all
four
items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets
			 the requirements of paragraph (f)(1) of this section, he must obtain insurance,
			 a letter of credit, a surety bond, a trust fund, or a guarantee for the entire
			 amount of required liability coverage as specified in this section. Evidence of
			 liability coverage must be submitted to the Director within 90 days after the
			 end of the fiscal year for which the year-end financial data show that the
			 owner or operator no longer meets the test requirements.
(7) The Director may disallow use of this
			 test on the basis of qualifications in the opinion expressed by the independent
			 certified public accountant in his report on examination of the owner's or
			 operator's financial statements (see paragraph (f)(3)(ii) of this section). An
			 adverse opinion or a disclaimer of opinion will be cause for disallowance. The
			 Director will evaluate other qualifications on an individual basis. The owner
			 or operator must provide evidence of insurance for the entire amount of
			 required liability coverage as specified in this section within 30 days after
			 notification of disallowance.
(g) Guarantee for liability
			 coverage.
(1) Subject to paragraph (g)(2) of
			 this section, an owner or operator may meet the requirements of this section by
			 obtaining a written guarantee, hereinafter referred to as "guarantee." The
			 guarantor must be the direct or higher-tier parent corporation of the owner or
			 operator, a firm whose parent corporation is also the parent corporation of the
			 owner or operator, or a firm with a "substantial business relationship" with
			 the owner or operator. The guarantor must meet the requirements for owners or
			 operators in paragraphs (f)(1) through (f)(6) of this section. The wording of
			 the guarantee must be identical to the wording specified in §
			 264.151(h)(2) of this part. A certified copy of the guarantee must accompany
			 the items sent to the Director as specified in paragraph (f)(3) of this
			 section. One of these items must be the letter from the guarantor's chief
			 financial officer. If the guarantor's parent corporation is also the parent
			 corporation of the owner or operator, this letter must describe the value
			 received in consideration of the guarantee. If the guarantor is a firm with a
			 "substantial business relationship" with the owner or operator, this letter
			 must describe this "substantial business relationship" and the value received
			 in consideration of the guarantee.
(i) If the
			 owner or operator fails to satisfy a judgment based on a determination of
			 liability for bodily injury or property damage to third parties caused by
			 sudden or nonsudden accidental occurrences (or both as the case may be),
			 arising from the operation of facilities covered by this corporate guarantee,
			 or fails to pay an amount agreed to in settlement of claims arising from or
			 alleged to arise from such injury or damage, the guarantor will do so up to the
			 limits of coverage.
(ii) [Reserved]
			 (2)(i) In the case of corporations incorporated in the United States, a
			 guarantee may be used to satisfy the requirements of this section only if the
			 Attorneys General or Insurance Commissioners of (A) the State in which the
			 guarantor is incorporated, and (B) each State in which a facility covered by
			 the guarantee is located have submitted a written statement to EPA that a
			 guarantee executed as described in this section and § 264.151(h)(2) is a
			 legally valid and enforceable obligation in that State.
(ii) In the case of corporations incorporated
			 outside the United States, a guarantee may be used to satisfy the requirements
			 of this section only if (A) the non-U.S. corporation has identified a
			 registered agent for service of process in each State in which a facility
			 covered by the guarantee is located and in the State in which it has its
			 principal place of business, and (B) the Attorney General or Insurance
			 Commissioner of each State in which a facility covered by the guarantee is
			 located and the State in which the guarantor corporation has its principal
			 place of business, has submitted a written statement to EPA that a guarantee
			 executed as described in this section and § 264.151(h)(2) is a legally
			 valid and enforceable obligation in that State.
(h) Letter of credit for liability coverage.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining an irrevocable standby letter or
			 credit that conforms to the requirements of this paragraph and submitting a
			 copy of the letter of credit to the Director.
(2) The financial institution issuing the
			 letter of credit must be an entity that has the authority to issue letters of
			 credit and whose letter of credit operations are regulated and examined by a
			 Federal or State agency.
(3) The
			 wording of the letter of credit must be identical to the wording specified in
			 § 264.151(k) of this part.
(4)
			 An owner or operator who uses a letter of credit to satisfy the requirements of
			 this section may also establish a standby trust fund. Under the terms of such a
			 letter of credit, all amounts paid pursuant to a draft by the trustee of the
			 standby trust will be deposited by the issuing institution into the standby
			 trust in accordance with instructions from the trustee. The trustee of the
			 standby trust fund must be an entity which has the authority to act as a
			 trustee and whose trust operations are regulated and examined by a Federal or
			 State agency.
(5) The wording of
			 the standby trust fund must be identical to the wording specified in §
			 264.151(n).
(i) Surety
			 bond for liability coverage.
(1) An owner or
			 operator may satisfy the requirements of this section by obtaining a surety
			 bond that conforms to the requirements of this paragraph and submitting a copy
			 of the bond to the Director.
(2)
			 The surety company issuing the bond must be among those listed as acceptable
			 sureties on Federal bonds in the most recent Circular 570 of the U.S.
			 Department of the Treasury.
(3) The
			 wording of the surety bond must be identical to the wording specified in §
			 264.151(l) of this part.
(4) A
			 surety bond may be used to satisfy the requirements of this section only if the
			 Attorneys General or Insurance Commissioners of (i) the State in which the
			 surety is incorporated, and (ii) each State in which a facility covered by the
			 surety bond is located have submitted a written statement to EPA that a surety
			 bond executed as described in this section and § 264.151(l) of this part
			 is a legally valid and enforceable obligation in that State.
(j) Trust fund for
			 liability coverage.
(1) An owner or operator
			 may satisfy the requirements of this section by establishing a trust fund that
			 conforms to the requirements of this paragraph and submitting an originally
			 signed duplicate of the trust agreement to the Director.
(2) The trustee must be an entity which has
			 the authority to act as a trustee and whose trust operations are regulated and
			 examined by a Federal or State agency.
(3) The trust fund for liability coverage
			 must be funded for the full amount of the liability coverage to be provided by
			 the trust fund before it may be relied upon to satisfy the requirements of this
			 section. If at any time after the trust fund is created the amount of funds in
			 the trust fund is reduced below the full amount of the liability coverage to be
			 provided, the owner or operator, by the anniversary date of the establishment
			 of the fund, must either add sufficient funds to the trust fund to cause its
			 value to equal the full amount of liability coverage to be provided, or obtain
			 other financial assurance as specified in this section to cover the difference.
			 For purposes of this paragraph, "the full amount of the liability coverage to
			 be provided" means the amount of coverage for sudden and/or nonsudden
			 occurrences required to be provided by the owner or operator by this section,
			 less the amount of financial assurance for liability coverage that is being
			 provided by other financial assurance mechanisms being used to demonstrate
			 financial assurance by the owner or operator.
(4) The wording of the trust fund must be
			 identical to the wording specified in § 264.151(m) of this
			 part.
(k) Notwithstanding
			 any other provision of this part, an owner or operator using liability
			 insurance to satisfy the requirements of this section may use, until October
			 16, 1982, a Hazardous Waste Facility Liability Endorsement or Certificate of
			 Liability Insurance that does not certify that the insurer is licensed to
			 transact the business of insurance, or eligible as an excess or surplus lines
			 insurer, in one or more States.
§ 264.148
Incapacity of owners or
			 operators, guarantors, or financial institutions
(a) An owner or operator must notify the
			 Director by certified mail of the commencement of a voluntary or involuntary
			 proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator
			 as debtor, within 10 days after commencement of the proceeding. A guarantor of
			 a corporate guarantee as specified in §§ 264.143(f) and 264.145(f)
			 must make such a notification if he is named as debtor, as required under the
			 terms of the corporate guarantee (§ 264.151(h)).
(b) An owner or operator who fulfills the
			 requirements of § 264.143, § 264.145, or § 264.147 by obtaining
			 a trust fund, surety bond, letter of credit, or insurance policy will be deemed
			 to be without the required financial assurance or liability coverage in the
			 event of bankruptcy of the trustee or issuing institution, or a suspension or
			 revocation of the authority of the trustee institution to act as trustee or of
			 the institution issuing the surety bond, letter of credit, or insurance policy
			 to issue such instruments. The owner or operator must establish other financial
			 assurance or liability coverage within 60 days after such an event.
§ 264.149
Use of State-required mechanisms
(a)
			 For a facility located in a State where EPA is administering the requirements
			 of this Subsection but where the State has hazardous waste rules that include
			 requirements for financial assurance of closure or post-closure care or
			 liability coverage, an owner or operator may use State-required financial
			 mechanisms to meet the requirements of § 264.143, § 264.145, or
			 § 264.147, if the Director determines that the State mechanisms are at
			 least equivalent to the financial mechanism specified in this Subsection. The
			 Director will evaluate the equivalency of the mechanisms principally in terms
			 of (1) certainty of the availability of funds for the required closure or
			 post-closure care activities or liability coverage and (2) the amount of funds
			 that will be made available. The Director may also consider other factors as he
			 deems appropriate. The owner or operator must submit to the Director evidence
			 of the establishment of the mechanism together with a letter requesting that
			 the State-required mechanism be considered acceptable for meeting the
			 requirements of this Subsection. The submission must include the following
			 information: The facility's EPA Identification Number, name, and address, and
			 the amount of funds for closure or post-closure care or liability coverage
			 assured by the mechanism. The Director will notify the owner or operator of his
			 determination regarding the mechanism's acceptability in lieu of financial
			 mechanisms specified in this Subsection. The Director may require the owner or
			 operator to submit additional information as is deemed necessary to make this
			 determination. Pending this determination, the owner or operator will be deemed
			 to be in compliance with the requirements of § 264.143, § 264.145, or
			 § 264.147, as applicable.
(b)
			 If a State-required mechanism is found acceptable as specified in paragraph (a)
			 of this section except for the amount of funds available, the owner or operator
			 may satisfy the requirements of this Subsection by increasing the funds
			 available through the State-required mechanism or using additional financial
			 mechanisms as specified in this Subsection. The amount of funds available
			 through the State and Federal mechanisms must at least equal the amount
			 required by this Subsection.
[Note: Arkansas does not require a specific
				mechanism for demonstrating financial responsibility, but may accept a
				demonstration which meets the requirements of any of the mechanisms allowed
				under this Subsection.]
§ 264.150
State assumption of
			 responsibility
(a) If the State either
			 assumes legal responsibility for an owner's or operator's compliance with the
			 closure, post-closure care, or liability requirements of this part or assures
			 that funds will be available from State sources to cover those requirements,
			 the owner or operator will be in compliance with the requirements of §
			 264.143, § 264.145, or § 264.147 if the Director determines that the
			 State's assumption of responsibility is at least equivalent to the financial
			 mechanisms specified in this Subsection. The Director will evaluate the
			 equivalency of State guarantees principally in terms of (1) certainty of the
			 availability of funds for the required closure or post-closure care activities
			 or liability coverage and (2) the amount of funds that will be made available.
			 The Director may also consider other factors as he deems appropriate. The owner
			 or operator must submit to the Director a letter from the State describing the
			 nature of the State's assumption of responsibility together with a letter from
			 the owner or operator requesting that the State's assumption of responsibility
			 be considered acceptable for meeting the requirements of this Subsection. The
			 letter from the State must include, or have attached to it, the following
			 information: the facility's EPA Identification Number, name, and address, and
			 the amount of funds for closure or post-closure care or liability coverage that
			 are guaranteed by the State. The Director will notify the owner or operator of
			 his determination regarding the acceptability of the State's guarantee in lieu
			 of financial mechanisms specified in this Subsection. The Director may require
			 the owner or operator to submit additional information as is deemed necessary
			 to make this determination. Pending this determination, the owner or operator
			 will be deemed to be in compliance with the requirements of § 264.143,
			 § 264.145, or § 264.147, as applicable.
(b) If the State's assumption of
			 responsibility is found acceptable as specified in paragraph (a) of this
			 section except for the amount of funds available, the owner or operator may
			 satisfy the requirements of this Subsection by use of both the State's
			 assurance and additional financial mechanisms as specified in this Subsection.
			 The amount of funds available through the State and Federal mechanisms must at
			 least equal the amount required by this Subsection.
§ 264.151
Wording of the
			 instruments
(a)
(1) A trust agreement for a trust fund, as
			 specified in § 264.143(a) or § 264.145(a) or § 265.143(a) or
			 § 265.145(a) of this rule, must be worded as follows, except that
			 instructions in brackets are to be replaced with the relevant information and
			 the brackets deleted:
Trust Agreement
Trust Agreement, the "Agreement," entered into as of [date] by
				and between [name of the owner or operator], a [name of State] [insert
				"corporation," "partnership," "association," or "proprietorship"], the
				"Grantor," and [name of corporate trustee], [insert "incorporated in the State
				of " or "a national bank"], the "Trustee."
Whereas, the Division of Environmental Quality, "DEQ", an
				agency of the State of Arkansas, has established certain rules applicable to
				the Grantor, requiring that an owner or operator of a hazardous waste
				management facility shall provide assurance that funds will be available when
				needed for closure and/or post-closure care of the facility,
Whereas, the Grantor has elected to establish a trust to
				provide all or part of such financial assurance for the facilities identified
				herein,
Whereas, the Grantor, acting through its duly authorized
				officers, has selected the Trustee to be the trustee under this agreement, and
				the Trustee is willing to act as trustee, Now, Therefore, the Grantor and the
				Trustee agree as follows:
Section 1.
			 Definitions. As used in this Agreement:
(a)
			 The term "Grantor" means the owner or operator who enters into this Agreement
			 and any successors or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who
			 enters into this Agreement and any successor Trustee.
Section 2. Identification of Facilities and
			 Cost Estimates. This Agreement pertains to the facilities and cost estimates
			 identified on attached Schedule A [on Schedule A, for each facility list the
			 EPA Identification Number, name, address, and the current closure and/or
			 post-closure cost estimates, or portions thereof, for which financial assurance
			 is demonstrated by this Agreement].
Section
			 3. Establishment of Fund. The Grantor and the Trustee hereby
			 establish a trust fund, the "Fund," for the benefit of DEQ. The Grantor and the
			 Trustee intend that no third party have access to the Fund except as herein
			 provided. The Fund is established initially as consisting of the property,
			 which is acceptable to the Trustee, described in Schedule B attached hereto.
			 Such property and any other property subsequently transferred to the Trustee is
			 referred to as the Fund, together with all earnings and profits thereon, less
			 any payments or distributions made by the Trustee pursuant to this Agreement.
			 The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The
			 Trustee shall not be responsible nor shall it undertake any responsibility for
			 the amount or adequacy of, nor any duty to collect from the Grantor, any
			 payments necessary to discharge any liabilities of the Grantor established by
			 DEQ.
Section 4. Payment for Closure
			 and Post-Closure Care. The Trustee shall make payments from the Fund as the DEQ
			 Director shall direct, in writing, to provide for the payment of the costs of
			 closure and/or post-closure care of the facilities covered by this Agreement.
			 The Trustee shall reimburse the Grantor or other persons as specified by the
			 DEQ Director from the Fund for closure and post-closure expenditures in such
			 amounts as the DEQ Director shall direct in writing. In addition, the Trustee
			 shall refund to the Grantor such amounts as the DEQ Director specifies in
			 writing. Upon refund, such funds shall no longer constitute part of the Fund as
			 defined herein.
Section 5. Payments
			 Comprising the Fund. Payments made to the Trustee for the Fund shall consist of
			 cash or securities acceptable to the Trustee.
Section 6. Trustee Management. The Trustee
			 shall invest and reinvest the principal and income of the Fund and keep the
			 Fund invested as a single fund, without distinction between principal and
			 income, in accordance with general investment policies and guidelines which the
			 Grantor may communicate in writing to the Trustee from time to time, subject,
			 however, to the provisions of this section. In investing, reinvesting,
			 exchanging, selling, and managing the Fund, the Trustee shall discharge his
			 duties with respect to the trust fund solely in the interest of the beneficiary
			 and with the care, skill, prudence, and diligence under the circumstances then
			 prevailing which persons of prudence, acting in a like capacity and familiar
			 with such matters, would use in the conduct of an enterprise of a like
			 character and with like aims; except that:
(i) Securities or other obligations of the
			 Grantor, or any other owner or operator of the facilities, or any of their
			 affiliates as defined in the Investment Company Act of 1940, as amended,
			 15 U.S.C.
			 80a-2.(a), shall not be acquired or held,
			 unless they are securities or other obligations of the Federal or a State
			 government;
(ii) The Trustee is
			 authorized to invest the Fund in time or demand deposits of the Trustee, to the
			 extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash
			 awaiting investment or distribution uninvested for a reasonable time and
			 without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The
			 Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all
			 of the assets of the Fund to any common, commingled, or collective trust fund
			 created by the Trustee in which the Fund is eligible to participate, subject to
			 all of the provisions thereof, to be commingled with the assets of other trusts
			 participating therein; and
(b) To
			 purchase shares in any investment company registered under the Investment
			 Company Act of 1940,
			 15 U.S.C.
			 80a-1 et seq., including one which may be
			 created, managed, underwritten, or to which investment advice is rendered or
			 the shares of which are sold by the Trustee. The Trustee may vote such shares
			 in its discretion.
Section
			 8. Express Powers of Trustee. Without in any way limiting the
			 powers and discretions conferred upon the Trustee by the other provisions of
			 this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or
			 otherwise dispose of any property held by it, by public or private sale. No
			 person dealing with the Trustee shall be bound to see to the application of the
			 purchase money or to inquire into the validity or expediency of any such sale
			 or other disposition;
(b) To make,
			 execute, acknowledge, and deliver any and all documents of transfer and
			 conveyance and any and all other instruments that may be necessary or
			 appropriate to carry out the powers herein granted;
(c) To register any securities held in the
			 Fund in its own name or in the name of a nominee and to hold any security in
			 bearer form or in book entry, or to combine certificates representing such
			 securities with certificates of the same issue held by the Trustee in other
			 fiduciary capacities, or to deposit or arrange for the deposit of such
			 securities in a qualified central depositary even though, when so deposited,
			 such securities may be merged and held in bulk in the name of the nominee of
			 such depositary with other securities deposited therein by another person, or
			 to deposit or arrange for the deposit of any securities issued by the United
			 States Government, or any agency or instrumentality thereof, with a Federal
			 Reserve bank, but the books and records of the Trustee shall at all times show
			 that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in
			 interest-bearing accounts maintained or savings certificates issued by the
			 Trustee, in its separate corporate capacity, or in any other banking
			 institution affiliated with the Trustee, to the extent insured by an agency of
			 the Federal or State government; and
(e) To compromise or otherwise adjust all
			 claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of
			 any kind that may be assessed or levied against or in respect of the Fund and
			 all brokerage commissions incurred by the Fund shall be paid from the Fund. All
			 other expenses incurred by the Trustee in connection with the administration of
			 this Trust, including fees for legal services rendered to the Trustee, the
			 compensation of the Trustee to the extent not paid directly by the Grantor, and
			 all other proper charges and disbursements of the Trustee shall be paid from
			 the Fund.
Section 10. Annual
			 Valuation. The Trustee shall annually, at least 30 days prior to the
			 anniversary date of establishment of the Fund, furnish to the Grantor and to
			 the DEQ Director a statement confirming the value of the Trust. Any securities
			 in the Fund shall be valued at market value as of no more than 60 days prior to
			 the anniversary date of establishment of the Fund. The failure of the Grantor
			 to object in writing to the Trustee within 90 days after the statement has been
			 furnished to the Grantor and the DEQ Director shall constitute a conclusively
			 binding assent by the Grantor, barring the Grantor from asserting any claim or
			 liability against the Trustee with respect to matters disclosed in the
			 statement.
Section 11. Advice of
			 Counsel. The Trustee may from time to time consult with counsel, who may be
			 counsel to the Grantor, with respect to any question arising as to the
			 construction of this
Agreement or any action to be taken hereunder. The Trustee
				shall be fully protected, to the extent permitted by law, in acting upon the
				advice of counsel.
Section
			 12. Trustee Compensation. The Trustee shall be entitled to
			 reasonable compensation for its services as agreed upon in writing from time to
			 time with the Grantor.
Section 13.
			 Successor Trustee. The Trustee may resign or the Grantor may replace the
			 Trustee, but such resignation or replacement shall not be effective until the
			 Grantor has appointed a successor trustee and this successor accepts the
			 appointment. The successor trustee shall have the same powers and duties as
			 those conferred upon the Trustee hereunder. Upon the successor trustee's
			 acceptance of the appointment, the Trustee shall assign, transfer, and pay over
			 to the successor trustee the funds and properties then constituting the Fund.
			 If for any reason the Grantor cannot or does not act in the event of the
			 resignation of the Trustee, the Trustee may apply to a court of competent
			 jurisdiction for the appointment of a successor trustee or for instructions.
			 The successor trustee shall specify the date on which it assumes administration
			 of the trust in a writing sent to the Grantor, the DEQ Director, and the
			 present Trustee by certified mail 10 days before such change becomes effective.
			 Any expenses incurred by the Trustee as a result of any of the acts
			 contemplated by this Section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee. All
			 orders, requests, and instructions by the Grantor to the Trustee shall be in
			 writing, signed by such persons as are designated in the attached Exhibit A or
			 such other designees as the Grantor may designate by amendment to Exhibit A.
			 The Trustee shall be fully protected in acting without inquiry in accordance
			 with the Grantor's orders, requests, and instructions. All orders, requests,
			 and instructions by the DEQ Director to the Trustee shall be in writing, signed
			 by the DEQ Director or his designee, and the Trustee shall act and shall be
			 fully protected in acting in accordance with such orders, requests, and
			 instructions. The Trustee shall have the right to assume, in the absence of
			 written notice to the contrary, that no event constituting a change or a
			 termination of the authority of any person to act on behalf of the Grantor or
			 DEQ hereunder has occurred. The Trustee shall have no duty to act in the
			 absence of such orders, requests, and instructions from the Grantor and/or DEQ,
			 except as provided for herein.
Section
			 15. Notice of Nonpayment. The Trustee shall notify the Grantor and
			 the Director, by certified mail within 10 days following the expiration of the
			 30-day period after the anniversary of the establishment of the Trust, if no
			 payment is received from the Grantor during that period. After the pay-in
			 period is completed, the Trustee shall not be required to send a notice of
			 nonpayment.
Section 16. Amendment
			 of Agreement. This Agreement may be amended by an instrument in writing
			 executed by the Grantor, the Trustee, and the appropriate Director, or by the
			 Trustee and the appropriate DEQ Director if the Grantor ceases to
			 exist.
Section 17. Irrevocability
			 and Termination. Subject to the right of the parties to amend this Agreement as
			 provided in Section 16, this Trust shall be irrevocable and shall continue
			 until terminated at the written agreement of the Grantor, the Trustee, and the
			 DEQ Director, or by the Trustee and the DEQ Director, if the Grantor ceases to
			 exist. Upon termination of the Trust, all remaining trust property, less final
			 trust administration expenses, shall be delivered to the Grantor.
Section 18. Immunity and Indemnification. The
			 Trustee shall not incur personal liability of any nature in connection with any
			 act or omission, made in good faith, in the administration of this Trust, or in
			 carrying out any directions by the Grantor or the DEQ Director issued in
			 accordance with this Agreement. The Trustee shall be indemnified and saved
			 harmless by the Grantor or from the Trust Fund, or both, from and against any
			 personal liability to which the Trustee may be subjected by reason of any act
			 or conduct in its official capacity, including all expenses reasonably incurred
			 in its defense in the event the Grantor fails to provide such
			 defense.
Section 19. Choice of Law.
			 This Agreement shall be administered, construed, and enforced according to the
			 laws of the State of Arkansas.
Section
			 20. Interpretation. As used in this Agreement, words in the
			 singular include the plural and words in the plural include the singular. The
			 descriptive headings for each Section of this Agreement shall not affect the
			 interpretation or the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be
				executed by their respective officers duly authorized and their corporate seals
				to be hereunto affixed and attested as of the date first above written: The
				parties below certify that the wording of this Agreement is identical to the
				wording specified in APC&EC Rule No. 23 § 264.151(a)(1) as such rules
				were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the
			 certification of acknowledgment which must accompany the trust agreement for a
			 trust fund as specified in §§ 264.143(a) and 264.145(a) or
			 §§ 265.143(a) or 265.145(a) of this rule. State requirements may
			 differ on the proper content of this acknowledgment.
State of County of
On this [date], before me personally came [owner or operator]
				to me known, who, being by me duly sworn, did depose and say that she/he
				resides at [address], that she/he is [title] of [corporation], the corporation
				described in and which executed the above instrument; that she/he knows the
				seal of said corporation; that the seal affixed to such instrument is such
				corporate seal; that it was so affixed by order of the Board of Directors of
				said corporation, and that she/he signed her/his name thereto by like
				order.
[Signature of Notary Public]
(b) A surety bond guaranteeing payment into a
			 trust fund, as specified in § 264.143(b) or § 264.145(b) or §
			 265.143(b) or § 265.145(b) of this rule, must be worded as follows, except
			 that instructions in brackets are to be replaced with the relevant information
			 and the brackets deleted:
Financial Guarantee Bond
Date bond executed:
Effective date:
Principal: [legal name and business address of owner or
				operator]
Type of Organization: [insert "individual," "joint venture,"
				"partnership," or "corporation"]
State of incorporation:
Surety(ies): [name(s) and business address(es)]
EPA Identification Number, name, address and closure and/or
				post-closure amount(s) for each facility guaranteed by this bond [indicate
				closure and post-closure amounts separately]:
Total penal sum of bond: $
Surety's bond number:
Know All Persons By These Presents, That we, the Principal and
				Surety(ies) hereto are firmly bound to the Division of Environmental Quality
				(hereinafter called DEQ), in the above penal sum for the payment of which we
				bind ourselves, our heirs, executors, administrators, successors, and assigns
				jointly and severally; provided that, where the Surety(ies) are corporations
				acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly
				and severally" only for the purpose of allowing a joint action or actions
				against any or all of us, and for all other purposes each Surety binds itself,
				jointly and severally with the Principal, for the payment of such sum only as
				is set forth opposite the name of such Surety, but if no limit of liability is
				indicated, the limit of liability shall be the full amount of the penal
				sum.
Whereas said Principal is required, under the federal Resource
				Conservation and Recovery Act as amended (RCRA) and the Arkansas Hazardous
				Waste Management Act, to have a permit or interim status in order to own or
				operate each hazardous waste management facility identified above, and
Whereas said Principal is required to provide financial
				assurance for closure, or closure and post-closure care, as a condition of the
				permit or interim status, and
Whereas said Principal shall establish a standby trust fund as
				is required when a surety bond is used to provide such financial
				assurance;
Now, Therefore, the conditions of the obligation are such that
				if the Principal shall faithfully, before the beginning of final closure of
				each facility identified above, fund the standby trust fund in the amount(s)
				identified above for the facility,
Or, if the Principal shall fund the standby trust fund in such
				amount(s) within 15 days after a final order to begin closure is issued by the
				DEQ Director or a U.S. district court or other court of competent
				jurisdiction,
Or, if the Principal shall provide alternate financial
				assurance, as specified in Subsection H of APC&EC Rule No. 23 § 264 or
				265, as applicable, and obtain the Director's written approval of such
				assurance, within 90 days after the date notice of cancellation is received by
				both the Principal and the Director from the Surety(ies), then this obligation
				shall be null and void; otherwise it is to remain in full force and
				effect.
The Surety(ies) shall become liable on this bond obligation
				only when the Principal has failed to fulfill the conditions described above.
				Upon notification by the Director that the Principal has failed to perform as
				guaranteed by this bond, the Surety(ies) shall place funds in the amount
				guaranteed for the facility(ies) into the standby trust fund as directed by the
				Director.
The liability of the Surety(ies) shall not be discharged by any
				payment or succession of payments hereunder, unless and until such payment or
				payments shall amount in the aggregate to the penal sum of the bond, but in no
				event shall the obligation of the Surety(ies) hereunder exceed the amount of
				said penal sum.
The Surety(ies) may cancel the bond by sending notice of
				cancellation by certified mail to the Principal and to the Director, provided,
				however, that cancellation shall not occur during the 120 days beginning on the
				date of receipt of the notice of cancellation by both the Principal and the
				Director, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice
				to the Surety(ies), provided, however, that no such notice shall become
				effective until the Surety(ies) receive(s) written authorization for
				termination of the bond by the Director.
[The following paragraph is an optional rider that may be
				included but is not required.] Principal and Surety(ies) hereby agree to adjust
				the penal sum of the bond yearly so that it guarantees a new closure and/or
				post-closure amount, provided that the penal sum does not increase by more than
				20 percent in any one year, and no decrease in the penal sum takes place
				without the written permission of the Director.
In Witness Whereof, the Principal and Surety(ies) have executed
				this Financial Guarantee Bond and have affixed their seals on the date set
				forth above.
The persons whose signatures appear below hereby certify that
				they are authorized to execute this surety bond on behalf of the Principal and
				Surety(ies) and that the wording of this surety bond is identical to the
				wording specified in APC&EC Rule No. 23 § 264.151(b) as such rules
				were constituted on the date this bond was executed. Principal
[Signature(s)] [Name(s)] [Title(s)] [Corporate seal]
Corporate Surety(ies) [Name and address] State of
				incorporation:]
Liability limit: $ [Signature(s)] [Name(s) and title(s)]
				[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and
				other information in the same manner as for Surety above.] Bond premium:
				$
(c) A surety bond
			 guaranteeing performance of closure and/or post-closure care, as specified in
			 § 264.143(c) or § 264.145(c), must be worded as follows, except that
			 the instructions in brackets are to be replaced with the relevant information
			 and the brackets deleted:
Performance Bond
Date bond executed: Effective date:
Principal: [legal name and business address of owner or
				operator]
Type of organization: [insert "individual," "joint venture,"
				"partnership," or "corporation"]
State of incorporation:
Surety(ies): [name(s) and business address(es)]
EPA Identification Number, name, address, and closure and/or
				post-closure amount(s) for each facility guaranteed by this bond [indicate
				closure and post-closure amounts separately]:
Total penal sum of bond: $
Surety's bond number:
Know All Persons By These Presents, That we, the Principal and
				Surety(ies) hereto are firmly bound to the Division of Environmental Quality
				(hereinafter called DEQ), in the above penal sum for the payment of which we
				bind ourselves, our heirs, executors, administrators,
successors, and assigns jointly and severally; provided that,
				where the Surety(ies) are corporations acting as co-sureties, we, the Sureties,
				bind ourselves in such sum "jointly and severally" only for the purpose of
				allowing a joint action or actions against any or all of us, and for all other
				purposes each Surety binds itself, jointly and severally with the Principal,
				for the payment of such sum only as is set forth opposite the name of such
				Surety, but if no limit of liability is indicated, the limit of liability shall
				be the full amount of the penal sum.
Whereas said Principal is required, under the Resource
				Conservation and Recovery Act as amended (RCRA) and the Arkansas Hazardous
				Waste Management Act, to have a permit in order to own or operate each
				hazardous waste management facility identified above, and
Whereas said Principal is required to provide financial
				assurance for closure, or closure and post-closure care, as a condition of the
				permit, and
Whereas said Principal shall establish a standby trust fund as
				is required when a surety bond is used to provide such financial
				assurance;
Now, Therefore, the conditions of this obligation are such that
				if the Principal shall faithfully perform closure, whenever required to do so,
				of each facility for which this bond guarantees closure, in accordance with the
				closure plan and other requirements of the permit as such plan and permit may
				be amended, pursuant to all applicable laws, statutes, rules, and rules, as
				such laws, statutes, rules, and rules may be amended,
And, if the Principal shall faithfully perform post-closure
				care of each facility for which this bond guarantees post-closure care, in
				accordance with the post-closure plan and other requirements of the permit, as
				such plan and permit may be amended, pursuant to all applicable laws, statutes,
				rules, and regulations, as such laws, statutes, rules, and regulations may be
				amended,
Or, if the Principal shall provide alternate financial
				assurance as specified in Subsection H of APC&EC Rule No. 23 § 264,
				and obtain the Director's written approval of such assurance, within 90 days
				after the date notice of cancellation is received by both the Principal and the
				Director from the Surety(ies), then this obligation shall be null and void,
				otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation
				only when the Principal has failed to fulfill the conditions described
				above.
Upon notification by the Director that the Principal has been
				found in violation of the closure requirements of APC&EC Rule No. 23 §
				264, for a facility for which this bond guarantees performance of closure, the
				Surety(ies) shall either perform closure in accordance with the closure plan
				and other permit requirements or place the closure amount guaranteed for the
				facility into the standby trust fund as directed by the Director.
Upon notification by an Director that the Principal has been
				found in violation of the post-closure requirements of APC&EC Rule No. 23
				§ 264 for a facility for which this bond guarantees performance of
				post-closure care, the Surety(ies) shall either perform post-closure care in
				accordance with the post-closure plan and other permit requirements or place
				the post-closure amount guaranteed for the facility into the standby trust fund
				as directed by the Director.
Upon notification by the Director that the Principal has failed
				to provide alternate financial assurance as specified in Subsection H of
				APC&EC Rule No. 23 § 264, and obtain written approval of such
				assurance from the Director during the 90 days following receipt by both the
				Principal and the Director of a notice of cancellation of the bond, the
				Surety(ies) shall place funds in the amount guaranteed for the facility(ies)
				into the standby trust fund as directed by the Director.
The surety(ies) hereby waive(s) notification of amendments to
				closure plans, permits, applicable laws, statutes, rules, and regulations and
				agrees that no such amendment shall in any way alleviate its (their) obligation
				on this bond.
The liability of the Surety(ies) shall not be discharged by any
				payment or succession of payments hereunder, unless and until such payment or
				payments shall amount in the aggregate to the penal sum of the bond, but in no
				event shall the obligation of the Surety(ies) hereunder exceed the amount of
				said penal sum.
The Surety(ies) may cancel the bond by sending notice of
				cancellation by certified mail to the owner or operator and to the Director,
				provided, however, that cancellation shall not occur during the 120 days
				beginning on the date of receipt of the notice of cancellation by both the
				Principal and the Director, as evidenced by the return receipts.
The principal may terminate this bond by sending written notice
				to the Surety(ies), provided, however, that no such notice shall become
				effective until the Surety(ies) receive(s) written authorization for
				termination of the bond by the Director.
[The following paragraph is an optional rider that may be
				included but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum
				of the bond yearly so that it guarantees a new closure and/or post-closure
				amount, provided that the penal sum does not increase by more than 20 percent
				in any one year, and no decrease in the penal sum takes place without the
				written permission of the Director.
In Witness Whereof, The Principal and Surety(ies) have executed
				this Performance Bond and have affixed their seals on the date set forth
				above.
The persons whose signatures appear below hereby certify that
				they are authorized to execute this surety bond on behalf of the Principal and
				Surety(ies) and that the wording of this surety bond is identical to the
				wording specified in APC&EC Rule No. 23 § 264.151(c) as such
				regulation was constituted on the date this bond was executed.
Principal
[Signature(s)] [Name(s)] [Title(s)] [Corporate seal]
Corporate Surety(ies) [Name and address]
State of incorporation:
Liability limit: $
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and
				other information in the same manner as for Surety above.]
Bond premium: $
(d) A letter of credit, as specified in
			 § 264.143(d) or § 264.145(d) or § 265.143(c) or §
			 265.145(c) of this rule, must be worded as follows, except that instructions in
			 brackets are to be replaced with the relevant information and the brackets
			 deleted:
Irrevocable Standby Letter of Credit
Director
Division of Environmental Quality
5301 Northshore Drive
North Little Rock, AR 72118
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit
				No. in your favor, at the request and for the account of [owner's or operator's
				name and address] up to the aggregate amount of [in words] U.S. dollars $ ,
				available upon presentation [insert, if more than one Agency is a beneficiary,
				"by any one of you"] of
(1) your sight
			 draft, bearing reference to this letter of credit No. ___, and
(2) your signed statement reading as follows:
			 "I certify that the amount of the draft is payable pursuant to regulations
			 issued under authority of the Resource Conservation and Recovery Act of 1976 as
			 amended."
This letter of credit is effective as of [date] and shall
				expire on [date at least 1 year later], but such expiration date shall be
				automatically extended for a period of [at least 1 year] on [date] and on each
				successive expiration date, unless, at least 120 days before the current
				expiration date, we notify both you and [owner's or operator's name] by
				certified mail that we have decided not to extend this letter of credit beyond
				the current expiration date. In the event you are so notified, any unused
				portion of the credit shall be available upon presentation of your sight draft
				for 120 days after the date of receipt by both you and [owner's or operator's
				name], as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in
				compliance with the terms of this credit, we shall duly honor such draft upon
				presentation to us, and we shall deposit the amount of the draft directly into
				the standby trust fund of [owner's or operator's name] in accordance with your
				instructions.
We certify that the wording of this letter of credit is
				identical to the wording specified in
APC&EC Rule No. 23 § 264.151(d) as such regulations
				were constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing
				institution] [Date]
This credit is subject to [insert "the most recent edition of
				the Uniform Customs and Practice for
Documentary Credits, published and copyrighted by the
				International Chamber of Commerce,"
or "the Uniform Commercial Code"].
(e) A certificate of insurance, as specified
			 in § 264.143(e) or § 264.145(e) or § 265.143(d) or §
			 265.145(d) of this rule, must be worded as follows, except that instructions in
			 brackets are to be replaced with the relevant information and the brackets
			 deleted:
Certificate of Insurance for Closure or Post-Closure
				Care
Name and Address of Insurer
(herein called the "Insurer"):
Name and Address of Insured
(herein called the "Insured"):
Facilities Covered: [List for each facility: The EPA
				Identification Number, name, address, and the amount of insurance for closure,
				the amount for post-closure care, and/or the amount for corrective action
				(these amounts for all facilities covered must total the face amount shown
				below).]
Face Amount:
Policy Number:
Effective Date:
The Insurer hereby certifies that it has issued to the Insured
				the policy of insurance identified above to provide financial assurance for
				[insert "closure" or "closure and post-closure care" or
" post-closure care" or "corrective action" or "closure and
				post-closure care and corrective action" or ""closure and corrective action" or
				"post-closure care and corrective action"] for the facilities identified above.
				The Insurer further warrants that such policy conforms in all respects with the
				requirements of APC&EC Rule No. 23 § 264.143(e), 264.145(e),
				265.143(d), and 265.145(d) , as applicable and as such rules were constituted
				on the date shown immediately below.
It is agreed that any provision of the policy inconsistent with
				such rules is hereby amended to eliminate such inconsistency.
The Insurer agrees to furnish to the Director a duplicate
				original of the policy listed above,
including all endorsements thereon.
I hereby certify that the wording of this certificate is
				identical to the wording specified in
APC&EC Rule No. 23 § 264.151(e) as such rules were
				constituted on the date shown immediately below.
[Authorized signature for Insurer]
[Name of person signing]
[Title of person signing]
Signature of witness or notary: [Date]
(f) A letter from the chief financial
			 officer, as specified in § 264.143(f) or § 264.145(f) or §
			 265.143(e) or § 265.145(e) of this rule, must be worded as follows, except
			 that instructions in brackets are to be replaced with the relevant information
			 and the brackets deleted:
Letter From Chief Financial Officer
Director
Division of Environmental Quality
5301 Northshore Drive
North Little Rock, Arkansas 72118
I am the chief financial officer of [name and address of firm].
				This letter is in support of this firm's use of the financial test to
				demonstrate financial assurance for closure and/or post-closure costs, as
				specified in subsection H of APC&EC Rule No. 23 (Hazardous Waste
				Management) Sections 264 and 265.
[Fill out the following five paragraphs regarding facilities
				and associated cost estimates. If your firm has no facilities that belong in a
				particular paragraph, write "None" in the space indicated. For each facility,
				include its EPA Identification Number, name, address, and current closure
				and/or post-closure cost estimates. Identify each cost estimate as to whether
				it is for closure or post-closure care].
1. This firm is the owner or operator of the
			 following facilities in Arkansas for which financial assurance for closure or
			 post-closure care is demonstrated through the financial test specified in
			 subsection H of Rule No. 23 Sections 264 and 265. The current closure and/or
			 post-closure cost estimates covered by the test are shown for each facility:
			 ________ .
2. This firm guarantees,
			 through the guarantee specified in subsection H of Rule No. 23 Sections 264 and
			 265, the closure or post-closure care of the following facilities owned or
			 operated by the guaranteed party. The current cost estimates for the closure or
			 post-closure care so guaranteed are shown for each facility: _______ . The firm
			 identified above is [insert one or more:
(1)
			 The direct or higher-tier parent corporation of the owner or
			 operator;
(2) owned by the same
			 parent corporation as the parent corporation of the owner or operator, and
			 receiving the following value in consideration of this guarantee _______ ;
			 or
(3) engaged in the following
			 substantial business relationship with the owner or operator _______ , and
			 receiving the following value in consideration of this guarantee _______ ].
			 [Attach a written description of the business relationship or a copy of the
			 contract establishing such relationship to this letter].
3. In states other than Arkansas, this firm,
			 as owner or operator or guarantor, is demonstrating financial assurance for the
			 closure or post-closure care of the following facilities through the use of a
			 test equivalent or substantially equivalent to the financial test specified in
			 subsection H of Rule No. 23. Sections 264 and 265. The current closure and/or
			 post-closure cost estimates covered by such a test are shown for each facility:
			 _______
4. This firm is the owner
			 or operator of the following hazardous waste management facilities for which
			 financial assurance for closure or, if a disposal facility, post-closure care,
			 is not demonstrated either to EPA or the State of Arkansas through the
			 financial test or any other financial assurance mechanism specified in
			 subsection H of Rule No. 23. Sections 264 and 265. The current closure and/or
			 post-closure cost estimates not covered by such financial assurance are shown
			 for each facility: _______ .
5.
			 This firm is the owner or operator of the following UIC facilities for which
			 financial assurance for plugging and abandonment is required under 40 CFR part
			 144. The current closure cost estimates as required by
			 40 CFR
			 144.62 are shown for each facility: _______ .
This firm [insert "is required" or "is not required"] to file a
				Form 10K with the Securities and Exchange Commission (SEC) for the latest
				fiscal year.
The fiscal year of this firm ends on [month, day]. The figures
				for the following items marked with an asterisk are derived from this firm's
				independently audited, year-end financial statements for the latest completed
				fiscal year, ended [date].
[Fill in Alternative I if the criteria of paragraph (f)(1)(i)
				of § 264.143 or § 264.145, or of paragraph (e)(1)(i) of §
				265.143 or § 265.145 of this rule are used. Fill in Alternative II if the
				criteria of paragraph (f)(1)(ii) of § 264.143 or § 264.145, or of
				paragraph (e)(1)(ii) of § 265.143 or § 265.145 of this rule are
				used.]
Alternative I
1. Sum of current closure and post-closure
			 cost estimate [total of all cost estimates shown in the five paragraphs above]
			 $ _______
*2. Total liabilities [if
			 any portion of the closure or post-closure cost estimates is included in total
			 liabilities, you may deduct the amount of that portion from this line and add
			 that amount to lines 3 and 4] $ _______
*3. Tangible net worth $ _______
*4. Net worth $ _______
*5. Current assets $ _______
*6. Current liabilities $ _______
*7. Net working capital [line 5 minus line 6]
			 $ _______
*8. The sum of net income
			 plus depreciation, depletion, and amortization $ _______
*9. Total assets in U.S. (required only if
			 less than 90% of firm's assets are located in the U.S.) $ _______
10. Is line 3 at least $10 million? (Yes/No)
			 _______
11. Is line 3 at least 6
			 times line 1? (Yes/No) _______
12.
			 Is line 7 at least 6 times line 1? (Yes/No) _______
*13. Are at least 90% of firm's assets
			 located in the U.S.? If not, complete line 14 (Yes/No _______
14. Is line 9 at least 6 times line 1?
			 (Yes/No) _______
15. Is line 2
			 divided by line 4 less than 2.0? (Yes/No) _______
16. Is line 8 divided by line 2 greater than
			 0.1? (Yes/No) _______
17. Is line 5
			 divided by line 6 greater than 1.5? (Yes/No) _______
Alternative II
1. Sum of current closure and post-closure
			 cost estimates [total of all cost estimates shown in the five paragraphs above]
			 $ _______
2. Current bond rating of
			 most recent issuance of this firm and name of rating service _______
3. Date of issuance of bond _______
4. Date of maturity of bond _______
*5. Tangible net worth [if any portion of the
			 closure and post-closure cost estimates is included in "total liabilities" on
			 your firm's financial statements, you may add the amount of that portion to
			 this line] _______
*6. Total assets
			 in U.S. (required only if less than 90% of firm's assets are located in the
			 U.S.) $ _______
7. Is line 5 at
			 least $10 million ? (Yes/No) _______
8. Is line 5 at least 6 times line 1?
			 (Yes/No) _______
*9. Are at least
			 90% of firm's assets located in the U.S.? If not, complete line 10 (Yes/No)
			 _______
10. Is line 6 at least 6
			 times line 1? (Yes/No) _______
I hereby certify that the wording of this letter is identical
				to the wording specified in APC&EC Rule No. 23 § 264.151(f) as such
				rule s were constituted on the date shown immediately below.
[Signature] ____________
[Name _______________
[Title] _______________
[Date]
				________________
(g) A letter from the chief financial
			 officer, as specified in § 264.147(f) or § 265.147(f) of this rule,
			 must be worded as follows, except that instructions in brackets are to be
			 replaced with the relevant information and the brackets deleted.
Letter From Chief Financial Officer
Director
Division of Environmental Quality
5301 Northshore Drive
North Little Rock, Arkansas 72118
I am the chief financial officer of [firm's name and address].
				This letter is in support of the use of the financial test to demonstrate
				financial responsibility for liability coverage [insert "and closure and/or
				post-closure care" if applicable] as specified in subsection H of APC&EC
				Rule No. 23 (Hazardous Waste Management), Sections 264 and 265.
[Fill out the following paragraphs regarding facilities and
				liability coverage. If there are no facilities that belong in a particular
				paragraph, write "None" in the space indicated. For each facility, include its
				EPA Identification Number, name, and address].
The firm identified above is the owner or operator of the
				following facilities for which liability coverage for [insert "sudden" or
				"nonsudden" or "both sudden and nonsudden"] accidental occurrences is being
				demonstrated through the financial test specified in subsection of Rule No. 23,
				Sections 264 and 265. _______
The firm identified above guarantees, through the guarantee
				specified in subsection H of Rule No. 23 Sections 264 and 265, liability
				coverage for [insert "sudden" or "nonsudden" of "both sudden and nonsudden"]
				accidental occurrences at the following facilities owned or operated by the
				following: _______ The firm identified above is [insert one or more:
(1) The direct or higher-tier parent
			 corporation of the owner or operator;
(2) owned by the same parent corporation as
			 the parent corporation of the owner or operator, and receiving the following
			 value in consideration of this guarantee _______ ; or
(3) engaged in the following substantial
			 business relationship with the owner or operator _______ , and receiving the
			 following value in consideration of this guarantee _______ ]. [Attach a written
			 description of the business relationship or a copy of the contract establishing
			 such relationship to this letter.]
[If you are using the financial test to demonstrate coverage of
				both liability and closure and post-closure care, fill in the following five
				paragraphs regarding facilities and associated closure and post-closure cost
				estimates. If there are no facilities that belong in a particular paragraph,
				write "None" in the space indicated. For each facility, include its EPA
				identification number, name, address, and current closure and/or post-closure
				cost estimates. Identify each cost estimate as to whether it is for closure or
				post-closure care.]
1. The firm
			 identified above owns or operates the following facilities in Arkansas for
			 which financial assurance for closure or post-closure care or liability
			 coverage is demonstrated through the financial test specified in subsection H
			 of Rule No. 23, Sections 264 and 265. The current closure and/or post-closure
			 cost estimate covered by the test are shown for each facility: _______
			 .
2. The firm identified above
			 guarantees, through the guarantee specified in subsection H of Rule No. 23,
			 Sections 264 and 265, the closure and post-closure care or liability coverage
			 of the following facilities owned or operated by the guaranteed party. The
			 current cost estimates for closure or post-closure care so guaranteed are shown
			 for each facility: _______ .
3. In
			 states other than Arkansas, this firm is demonstrating financial assurance for
			 the closure or post-closure care of the following facilities through the use of
			 a test equivalent or substantially equivalent to the financial test specified
			 in subsection H of Rule No. 23, Sections 264 and 265. The current closure or
			 post-closure cost estimates covered by such a test are shown for each facility.
			 _______
4. The firm identified
			 above owns or operates the following hazardous waste management facilities for
			 which financial assurance for closure or, if a disposal facility, post-closure
			 care, is not demonstrated either to EPA or the State through the financial test
			 or any other financial assurance mechanisms specified in subsection H of Rule
			 No. 23, Sections 264 and 265. The current closure and/or post-closure cost
			 estimates not covered by such financial assurance are shown for each facility:
			 _______ .
5. This firm is the owner
			 or operator or guarantor of the following UIC facilities for which financial
			 assurance for plugging and abandonment is required under40 CFR Part 144 and is
			 assured through a financial test. The current closure cost estimates as
			 required by
			 40 CFR
			 144.62 are shown for each facility: _______ .
This firm [insert "is required" or "is not required"] to file a
				Form 10K with the Securities and Exchange Commission (SEC) for the latest
				fiscal year.
The fiscal year of this firm ends on [month, day]. The figures
				for the following items marked with an asterisk are derived from this firm's
				independently audited, year-end financial statements for the latest completed
				fiscal year, ended [date].
Part A.
Liability Coverage for Accidental Occurrences
[Fill in Alternative I if the criteria of paragraph (f)(1)(i)
				of § 264.147 or § 265.147 are used. Fill in Alternative II if the
				criteria of paragraph (f)(1)(ii) of § 264.147 or § 265.147 are
				used.]
Alternative I
1. Amount of annual aggregate liability
			 coverage to be demonstrated $ _______ .
*2. Current assets $ _______ .
*3. Current liabilities $ _______ .
4. Net working capital (line 2 minus line 3)
			 $ _______ .
*5. Tangible net worth $
			 _______ .
*6. If less than 90% of
			 assets are located in the U.S., give total U.S. assets $ _______ .
7. Is line 5 at least $10 million? (Yes/No)
			 _______ .
8. Is line 4 at least 6
			 times line 1? (Yes/No) _______ .
9.
			 Is line 5 at least 6 times line 1? (Yes/No) _______ .
*10. Are at least 90% of assets located in
			 the U.S.? (Yes/No) _______ . If not, complete line 11.
11. Is line 6 at least 6 times line 1?
			 (Yes/No) _______ .
Alternative
			 II
1. Amount of annual aggregate
			 liability coverage to be demonstrated $ _______ .
2. Current bond rating of most recent
			 issuance and name of rating service _______ .
3. Date of issuance of bond _______
			 .
4. Date of maturity of bond
			 _______ .
*5. Tangible net worth $
			 .
*6. Total assets in U.S.
			 (required only if less than 90% of assets are located in the U.S.) $ _____
			 .
7. Is line 5 at least $10
			 million? (Yes/No) _______ .
8. Is
			 line 5 at least 6 times line 1? _______ .
9. Are at least 90% of assets located in the
			 U.S.? If not, complete line 10. (Yes/No) _______ .
10. Is line 6 at least 6 times line 1?
			 _______ .
[Fill in part B if you are using the financial test to
				demonstrate assurance of both liability coverage and closure or post-closure
				care.]
Part
			 B.
Closure or Post-Closure Care and Liability
			 Coverage
[Fill in Alternative I if the criteria of paragraphs (f)(1)(i)
				of § 264.143 or § 264.145 and (f)(1)(i) of § 264.147 are used or
				if the criteria of paragraphs (e)(1)(i) of § 265.143 or § 265.145 and
				(f)(1)(i) of § 265.147 are used. Fill in Alternative II if the criteria of
				paragraphs (f)(1)(ii) of § 264.143 or § 264.145 and (f)(1)(ii) of
				§ 264.147 are used or if the criteria of paragraphs (e)(1)(i) of §
				265.143 or § 265.145 and (f)(1)(ii) of § 265.147 are used.]
Alternative I
1. Sum of current closure and post-closure
			 cost estimates (total of all cost estimates listed above) $ _______ .
2. Amount of annual aggregate liability
			 coverage to be demonstrated $ _______ .
3. Sum of lines 1 and 2 $ _______ .
* 4. Total liabilities (if any portion of
			 your closure or post-closure cost estimates is included in your total
			 liabilities, you may deduct that portion from this line and add that amount to
			 lines 5 and 6) $ _______ .
* 5.
			 Tangible net worth $ _______ .
* 6.
			 Net worth $ _______ .
* 7. Current
			 assets $ _______ .
* 8. Current
			 liabilities $ _______ .
* 9. Net
			 working capital (line 7 minus line 8) $ _______ .
*
			 10. The sum of net income plus depreciation,
			 depletion, and amortization $ _______ .
*
			 11. Total assets in U.S. (required only if less than
			 90% of assets are located in the U.S.) $ _______ .
12. Is line 5 at least $10 million?
			 (Yes/No)
13. Is line 5 at least 6
			 times line 3? (Yes/No)
14. Is line
			 9 at least 6 times line 3? (Yes/No)
*
			 15. Are at least 90% of assets located in the U.S.?
			 (Yes/No) If, not, complete line 16.
16. Is line 11 at least 6 times line 3?
			 (Yes/No)
17. Is line 4 divided by
			 line 6 less than 2.0? (Yes/No)
18.
			 Is line 10 divided by line 4 greater than 0.1? (Yes/No)
19. Is line 7 divided by line 8 greater than
			 1.5? (Yes/No)
Alternative II
1. Sum of current closure and post-closure
			 cost estimates (total of all cost estimates listed above) $ _______ .
2. Amount of annual aggregate liability
			 coverage to be demonstrated $ _______ .
3. Sum of lines 1 and 2 $ _______ .
4. Current bond rating of most recent
			 issuance and name of rating service _______ .
5. Date of issuance of bond _______
			 .
6. Date of maturity of bond
			 _______ .
* 7. Tangible net worth
			 (if any portion of the closure or post-closure cost estimates is included in
			 "total liabilities" on your financial statements you may add that portion to
			 this line) _______ $ _______ .
* 8.
			 Total assets in the U.S. (required only if less than 90% of assets are located
			 in the U.S.) $ _______ .
9. Is line
			 7 at least $10 million? (Yes/No)
10. Is line 7 at least 6 times line 3?
			 (Yes/No)
* 11. Are at least 90% of
			 assets located in the U.S.? (Yes/No) If not complete line 12.
12. Is line 8 at least 6 times line 3?
			 (Yes/No)
I hereby certify that the wording of this letter is identical
				to the wording specified in Rule No. 23, § 264. 151(g) as such rule s were
				constituted on the date shown immediately below.
[Signature] ___________
[Name __________
[Title] __________
[Date]
				__________
(h)
(1) A
			 corporate guarantee, as specified in § 264.143(f) or § 264.145(f), or
			 § 265.143(e) or § 265.145(e) of this rule, must be worded as follows,
			 except that instructions in brackets are to be replaced with the relevant
			 information and the brackets deleted:
Corporate Guarantee for Closure or Post-Closure
				Care
Guarantee made this [date] by [name of guaranteeing entity], a
				business corporation organized under the laws of the State of [insert name of
				State], herein referred to as guarantor. This guarantee is made on behalf of
				the [owner or operator] of [business address], which is [one of the following:
				"our subsidiary"; "a subsidiary of [name and address of common parent
				corporation], of which guarantor is a subsidiary"; or "an entity with which
				guarantor has a substantial business relationship, as defined in APC&EC
				Rule No. 23 (Hazardous Waste Management) [either § 264.141(h) or §
				265.141(h)]" to the Division of Environmental Quality (DEQ).
Recitals
1. Guarantor
			 meets or exceeds the financial test criteria and agrees to comply with the
			 reporting requirements for guarantors as specified in Rule No. 23 §§
			 264.143(f), 264.145(f), 265.143(e), and 265.145(e).
2. [Owner or operator] owns or operates the
			 following hazardous waste management facility(ies) covered by this guarantee:
			 [List for each facility: EPA Identification Number, name, and address. Indicate
			 for each whether guarantee is for closure, post-closure care, or
			 both.]
3. "Closure plans" and
			 "post-closure plans" as used below refer to the plans maintained as required by
			 subpart G of Rule No. 23 Sections 264 and 265 for the closure and post-closure
			 care of facilities as identified above.
4. For value received from [owner or
			 operator], guarantor guarantees to the Division that in the event that [owner
			 or operator] fails to perform [insert "closure," "post-closure care" or
			 "closure and post-closure care"] of the above facility(ies) in accordance with
			 the closure or post-closure plans and other permit or interim status
			 requirements whenever required to do so, the guarantor shall do so or establish
			 a trust fund as specified in subsection H of Rule No. 23 Sections 264 and 265,
			 as applicable, in the name of [owner or operator] in the amount of the current
			 closure or post-closure cost estimates as specified in subsection H of Rule No.
			 23 Sections 264 and 265.
5.
			 Guarantor agrees that if, at the end of any fiscal year before termination of
			 this guarantee, the guarantor fails to meet the financial test criteria,
			 guarantor shall send within 90 days, by certified mail, notice to the Director
			 and to [owner or operator] that he intends to provide alternate financial
			 assurance as specified in subsection H of Rule No. 23, Sections 264 and 265, as
			 applicable, in the name of [owner or operator]. Within 120 days after the end
			 of such fiscal year, the guarantor shall establish such financial assurance
			 unless [owner or operator] has done so.
6. The guarantor agrees to notify the
			 Director by certified mail, of a voluntary or involuntary proceeding under
			 Title 11 (Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days
			 after commencement of the proceeding.
7. Guarantor agrees that within 30 days after
			 being notified by the Director of a determination that guarantor no longer
			 meets the financial test criteria or that he is disallowed from continuing as a
			 guarantor of closure or post-closure care, he shall establish alternate
			 financial assurance as specified in subsection H of Rule No. 23, Sections 264
			 or 265, as applicable, in the name of [owner or operator] unless [owner or
			 operator] has done so.
8. Guarantor
			 agrees to remain bound under this guarantee notwithstanding any or all of the
			 following: amendment or modification of the closure or post-closure plan,
			 amendment or modification of the permit, the extension or reduction of the time
			 of performance of closure or post-closure, or any other modification or
			 alteration of an obligation of the owner or operator pursuant to Rule No. 23
			 Section 264 or 265.
9. Guarantor
			 agrees to remain bound under this guarantee for as long as [owner or operator]
			 must comply with the applicable financial assurance requirements of subsection
			 H of Rule No. 23 Section 264 or 265 for the above-listed facilities, except as
			 provided in paragraph 10 of this agreement.
10. [Insert the following language if the
			 guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose
			 parent corporation is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by
				certified mail to the Director and to [owner or operator], provided that this
				guarantee may not be terminated unless and until [the owner or operator]
				obtains, and the Director approve(s), alternate closure and/or post-closure
				care coverage complying with Rule No. 23 §§ 264.143, 264.145,
				265.143, and/or 265.145.
[Insert the following language if the guarantor is a firm
				qualifying as a guarantor due to its "substantial business relationship" with
				its owner or operator] Guarantor may terminate this guarantee 120 days
				following the receipt of notification, through certified mail, by the Director
				and by [the owner or operator].
11. Guarantor agrees that if [owner or
			 operator] fails to provide alternate financial assurance as specified in
			 subsection H of Rule No. 23, Section 264 or 265, as applicable, and obtain
			 written approval of such assurance from the Director within 90 days after a
			 notice of cancellation by the guarantor is received by the Director from
			 guarantor, guarantor shall provide such alternate financial assurance in the
			 name of [owner or operator].
12.
			 Guarantor expressly waives notice of acceptance of this guarantee by the
			 Division or by [owner or operator]. Guarantor also expressly waives notice of
			 amendments or modifications of the closure and/or post-closure plan and of
			 amendments or modifications of the facility permit(s).
I hereby certify that the wording of this guarantee is
				identical to the wording specified in APC&EC Rule No. 23, § 264.151(h)
				as such rule s were constituted on the date first above written.
Effective date: _______
[Name of guarantor] _______
[Authorized signature for guarantor] _______
[Name of person signing] _______
[Title of person signing] _______
Signature of witness or notary: _______
(2) A guarantee, as
			 specified in § 264.147(g) or § 265.147(g) of this rule, must be
			 worded as follows, except that instructions in brackets are to be replaced with
			 the relevant information and the brackets deleted:
Guarantee for Liability Coverage
Guarantee made this [date] by [name of guaranteeing entity], a
				business corporation organized under the laws of [if incorporated within the
				United States insert "the State of _______ " and insert name of State; if
				incorporated outside the United States insert the name of the country in which
				incorporated, the principal place of business within the United States, and the
				name and address of the registered agent in the State of the principal place of
				business], herein referred to as guarantor. This guarantee is made on behalf of
				[owner or operator] of [business address], which is one of the following: "our
				subsidiary;" "a subsidiary of [name and address of common parent corporation],
				or which guarantor is a subsidiary;" or "an entity with which guarantor has a
				substantial business relationship, as defined in APC&EC Rule No. 23 §
				264.141(h)]", to any and all third parties who have sustained or may sustain
				bodily injury or property damage caused by [sudden and/or nonsudden] accidental
				occurrences arising from operation of the facility(ies) covered by this
				guarantee. Recitals
1. Guarantor meets
			 or exceeds the financial test criteria and agrees to comply with the reporting
			 requirements for guarantors as specified in Rule No. 23 §§ 264.147(g)
			 and 265.147(g).
2. [Owner or
			 operator] owns or operates the following hazardous waste management
			 facility(ies) covered by this guarantee: [List for each facility: EPA
			 identification number, name, and address; and if guarantor is incorporated
			 outside the United States list the name and address of the guarantor's
			 registered agent in each State.] This corporate guarantee satisfies RCRA
			 third-party liability requirements for [insert "sudden" or "nonsudden" or "both
			 sudden and nonsudden"] accidental occurrences in above-named owner or operator
			 facilities for coverage in the amount of [insert dollar amount] for each
			 occurrence and [insert dollar amount] annual aggregate.
3. For value received from [owner or
			 operator], guarantor guarantees to any and all third parties who have sustained
			 or may sustain bodily injury or property damage caused by [sudden and/or
			 nonsudden] accidental occurrences arising from operations of the facility(ies)
			 covered by this guarantee that in the event that [owner or operator] fails to
			 satisfy a judgment or award based on a determination of liability for bodily
			 injury or property damage to third parties caused by [sudden and/or nonsudden]
			 accidental occurrences, arising from the operation of the above-named
			 facilities, or fails to pay an amount agreed to in settlement of a claim
			 arising from or alleged to arise from such injury or damage, the guarantor will
			 satisfy such judgment(s), award(s) or settlement agreement(s) up to the limits
			 of coverage identified above.
4.
			 Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for
			 which [insert owner or operator] is obligated to pay damages by reason of the
			 assumption of liability in a contract or agreement. This exclusion does not
			 apply to liability for damages that [insert owner or operator] would be
			 obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert owner or
			 operator] under a workers' compensation, disability benefits, or unemployment
			 compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert owner or operator]
			 arising from, and in the course of, employment by [insert owner or operator];
			 or
(2) The spouse, child, parent,
			 brother, or sister of that employee as a consequence of, or arising from, and
			 in the course of employment by [insert owner or operator]. This exclusion
			 applies:
(A) Whether [insert owner or
			 operator] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with
			 or repay another person who must pay damages because of the injury to persons
			 identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
			 out of the ownership, maintenance, use, or entrustment to others of any
			 aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied
			 by [insert owner or operator];
(2)
			 Premises that are sold, given away or abandoned by [insert owner or operator]
			 if the property damage arises out of any part of those premises;
(3) Property loaned to [insert owner or
			 operator];
(4) Personal property in
			 the care, custody or control of [insert owner or operator];
(5) That particular part of real property on
			 which [insert owner or operator] or any contractors or subcontractors working
			 directly or indirectly on behalf of [insert owner or operator] are performing
			 operations, if the property damage arises out of these
			 operations.
5.
			 Guarantor agrees that if, at the end of any fiscal year before termination of
			 this guarantee, the guarantor fails to meet the financial test criteria,
			 guarantor shall send within 90 days, by certified mail, notice to the Director
			 and to [owner or operator] that he intends to provide alternate liability
			 coverage as specified in Rule No. 23 § 264.147 and 265.147, as applicable,
			 in the name of [owner or operator]. Within 120 days after the end of such
			 fiscal year, the guarantor shall establish such liability coverage unless
			 [owner or operator] has done so.
6.
			 The guarantor agrees to notify the Director by certified mail of a voluntary or
			 involuntary proceeding under title 11 (Bankruptcy), U.S. Code, naming guarantor
			 as debtor, within 10 days after commencement of the proceeding.
7. Guarantor agrees that within 30 days after
			 being notified by the Director of a determination that guarantor no longer
			 meets the financial test criteria or that he is disallowed from continuing as a
			 guarantor, he shall establish alternate liability coverage as specified in Rule
			 No. 23 § 264.147 or 265.147 in the name of [owner or operator], unless
			 [owner or operator] has done so.
8.
			 Guarantor reserves the right to modify this agreement to take into account
			 amendment or modification of the liability requirements set by Rule No. 23
			 §§ 264.147 and 265.147, provided that such modification shall become
			 effective only if the Director does not disapprove the modification within 30
			 days of receipt of notification of the modification.
9. Guarantor agrees to remain bound under
			 this guarantee for so long as [owner or operator] must comply with the
			 applicable requirements of Rule No. 23 §§ 264.147 and 265.147 for the
			 above-listed facility(ies), except as provided in paragraph 10 of this
			 agreement.
10. [Insert the
			 following language if the guarantor is (a) a direct or higher-tier corporate
			 parent, or (b) a firm whose parent corporation is also the parent corporation
			 of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by
				certified mail to the Director and to [owner or operator], provided that this
				guarantee may not be terminated unless and until [the owner or operator]
				obtains, and the Director approve(s), alternate liability coverage complying
				with Rule No. 23 §§ 264.147 and/or 265.147.
[Insert the following language if the guarantor is a firm
				qualifying as a guarantor due to its "substantial business relationship" with
				the owner or operator]:
Guarantor may terminate this guarantee 120 days following
				receipt of notification, through certified mail, by the Director and by [the
				owner or operator].
11.
			 Guarantor hereby expressly waives notice of acceptance of this guarantee by any
			 party.
12. Guarantor agrees that
			 this guarantee is in addition to and does not affect any other responsibility
			 or liability of the guarantor with respect to the covered facilities.
13. The Guarantor shall satisfy a third-party
			 liability claim only on receipt of one of the following documents:
(a) Certification from the Principal and the
			 third-party claimant(s) that the liability claim should be paid. The
			 certification must be worded as follows, except that instructions in brackets
			 are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Principal] and [insert name
				and address of third-party claimant(s)], hereby certify that the claim of
				bodily injury and/or property damage caused by a [sudden or nonsudden]
				accidental occurrence arising from operating [Principal's hazardous waste
				treatment, storage, or disposal facility should be paid in the amount of
				$
[Signatures] _______
Principal _______
(Notary) Date _______
[Signatures] _______
Claimant(s) _______
(Notary) Date) _______
A valid final court order establishing a judgment against the
				Principal for bodily injury or property damage caused by sudden or nonsudden
				accidental occurrences arising from the operation of the Principal's facility
				or group of facilities.
14. In the event of combination of this
			 guarantee with another mechanism to meet liability requirements, this guarantee
			 will be considered [insert "primary" or "excess"] coverage.
I hereby certify that the wording of the guarantee is identical
				to the wording specified in Rule No. 23 § 264.151(h)(2) as such rule s
				were constituted on the date shown immediately below.
Effective date: _______
[Name of guarantor] _______
Authorized signature for guarantor] _______
[Name of person signing] _______
[Title of person signing] _______
Signature of witness of notary: _______
(i) A
			 hazardous waste facility liability endorsement as required in § 264.147 or
			 § 265.147 must be worded as follows, except that instructions in brackets
			 are to be replaced with the relevant information and the brackets deleted:
Hazardous Waste Facility Liability Endorsement
1. This endorsement
			 certifies that the policy to which the endorsement is attached provides
			 liability insurance covering bodily injury and property damage in connection
			 with the insured's obligation to demonstrate financial responsibility under
			 APC&EC Rule No. 23 § 264.147 or 265.147. The coverage applies at [list
			 EPA Identification Number, name, and address for each facility] for [insert
			 "sudden accidental occurrences," "nonsudden accidental occurrences," or "sudden
			 and nonsudden accidental occurrences"; if coverage is for multiple facilities
			 and the coverage is different for different facilities, indicate which
			 facilities are insured for sudden accidental occurrences, which are insured for
			 nonsudden accidental occurrences, and which are insured for both]. The limits
			 of liability are [insert the dollar amount of the "each occurrence" and "annual
			 aggregate" limits of the Insurer's liability], exclusive of legal defense
			 costs.
2. The insurance afforded
			 with respect to such occurrences is subject to all of the terms and conditions
			 of the policy; provided, however, that any provisions of the policy
			 inconsistent with subsections (a) through (e) of this Paragraph 2 are hereby
			 amended to conform with subsections (a) through (e):
(a) Bankruptcy or insolvency of the insured
			 shall not relieve the Insurer of its obligations under the policy to which this
			 endorsement is attached.
(b) The
			 Insurer is liable for the payment of amounts within any deductible applicable
			 to the policy, with a right of reimbursement by the insured for any such
			 payment made by the Insurer. This provision does not apply with respect to that
			 amount of any deductible for which coverage is demonstrated as specified in
			 APC&EC Rule No. 23 § 264.147(f) or 265.147(f).
(c) Whenever requested by the Director of the
			 Division of Environmental Quality (DEQ), the Insurer agrees to furnish to the
			 Director a signed duplicate original of the policy and all
			 endorsements.
(d) Cancellation of
			 this endorsement, whether by the Insurer, the insured, a parent corporation
			 providing insurance coverage for its subsidiary, or by a firm having an
			 insurable interest in and obtaining liability insurance on behalf of the owner
			 or operator of the hazardous waste management facility, will be effective only
			 upon written notice and only after the expiration of 60 days after a copy of
			 such written notice is received by the Director.
(e) Any other termination of this endorsement
			 will be effective only upon written notice and only after the expiration of
			 thirty (30) days after a copy of such written notice is received by the
			 Director.
Attached to and forming part of policy No. issued by [name of
				Insurer], herein called the Insurer, of [address of Insurer] to [name of
				insured] of [address] this day of, 19 . The effective date of said policy is
				day of , 19 .
I hereby certify that the wording of this endorsement is
				identical to the wording specified in APC&EC Rule No. 23 § 264.151(i)
				as such rule was constituted on the date first above written, and that the
				Insurer is licensed to transact the business of insurance, or eligible to
				provide insurance as an excess or surplus lines insurer, in one or more
				States.
[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(j) A
			 certificate of liability insurance as required in § 264.147 or §
			 265.147 must be worded as follows, except that the instructions in brackets are
			 to be replaced with the relevant information and the brackets deleted:
Hazardous Waste Facility Certificate of Liability
				Insurance
1. [Name
			 of Insurer], (the "Insurer"), of [address of Insurer] hereby certifies that it
			 has issued liability insurance covering bodily injury and property damage to
			 [name of insured], (the "insured"), of [address of insured] in connection with
			 the insured's obligation to demonstrate financial responsibility under
			 APC&EC Rule No. 23 § 264.147 or 265.147. The coverage applies at [list
			 EPA Identification Number, name, and address for each facility] for [insert
			 "sudden accidental occurrences," "nonsudden accidental occurrences," or "sudden
			 and nonsudden accidental occurrences"; if coverage is for multiple facilities
			 and the coverage is different for different facilities, indicate which
			 facilities are insured for sudden accidental occurrences, which are insured for
			 nonsudden accidental occurrences, and which are insured for both]. The limits
			 of liability are [insert the dollar amount of the "each occurrence" and "annual
			 aggregate" limits of the Insurer's liability], exclusive of legal defense
			 costs. The coverage is provided under policy number , issued on [date]. The
			 effective date of said policy is [date].
2. The Insurer further certifies the
			 following with respect to the insurance described in Paragraph 1:
(a) Bankruptcy or insolvency of the insured
			 shall not relieve the Insurer of its obligations under the policy.
(b) The Insurer is liable for the payment of
			 amounts within any deductible applicable to the policy, with a right of
			 reimbursement by the insured for any such payment made by the Insurer. This
			 provision does not apply with respect to that amount of any deductible for
			 which coverage is demonstrated as specified in APC&EC Rule No. 23 §
			 264.147(f) or 265.147(f).
(c)
			 Whenever requested by the Director of the Division of Environmental Quality
			 (DEQ), the Insurer agrees to furnish to the Director a signed duplicate
			 original of the policy and all endorsements.
(d) Cancellation of the insurance, whether by
			 the insurer, the insured, a parent corporation providing insurance coverage for
			 its subsidiary, or by a firm having an insurable interest in and obtaining
			 liability insurance on behalf of the owner or operator of the hazardous waste
			 management facility, will be effective only upon written notice and only after
			 the expiration of 60 days after a copy of such written notice is received by
			 the Director.
(e) Any other
			 termination of the insurance will be effective only upon written notice and
			 only after the expiration of thirty (30) days after a copy of such written
			 notice is received by the Director.
I hereby certify that the wording of this instrument is
				identical to the wording specified in APC&EC Rule No. 23 § 264.151(j)
				as such rule was constituted on the date first above written, and that the
				Insurer is licensed to transact the business of insurance, or eligible to
				provide insurance as an excess or surplus lines insurer, in one or more
				States.
[Signature of authorized representative of Insurer] [Type
				name]
[Title], Authorized Representative of [name of Insurer]
				[Address of Representative]
(k) A letter of credit, as specified in
			 § 264.147(h) or § 265.147(h) of this rule, must be worded as follows,
			 except that instructions in brackets are to be replaced with the relevant
			 information and the brackets deleted:
Irrevocable Standby Letter of Credit
Name and Address of Issuing Institution
Director
Division of Environmental Quality
5301 Northshore Drive
North Little Rock, Arkansas 72118
Dear Sir:
We hereby establish our Irrevocable Standby Letter of Credit
				No. in the favor of any and all third-party liability claimants, at the request
				and for the account of [owner's or operator's name and address] for third-party
				liability awards or settlements up to [in words] U.S. dollars $ per occurrence
				and the annual aggregate amount of [in words] U.S. dollars $, for sudden
				accidental occurrences and/or for third-party liability awards or settlements
				up to the amount of [in words] U.S. dollars $ per occurrence, and the annual
				aggregate amount of [in words] U.S. dollars $, for nonsudden accidental
				occurrences available upon presentation of a sight draft, bearing reference to
				this letter of credit No. , and (1) a signed certificate reading as
				follows:
Certification of Valid Claim
The undersigned, as parties [insert principal] and [insert name
				and address of third-party claimants], hereby certify that the claim of bodily
				injury [and/or] property damage caused by a [sudden or nonsudden] accidental
				occurrence arising from operations of [principal's] hazardous waste treatment,
				storage, or disposal facility should be paid in the amount of $. We hereby
				certify that the claim does not apply to any of the following:
(a) Bodily injury or property damage for
			 which [insert principal] is obligated to pay damages by reason of the
			 assumption of liability in a contract or agreement. This exclusion does not
			 apply to liability for damages that [insert principal] would be obligated to
			 pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal]
			 under a workers' compensation, disability benefits, or unemployment
			 compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising
			 from, and in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or
			 sister of that employee as a consequence of, or arising from, and in the course
			 of employment by [insert principal].
This exclusion applies:
(A) Whether [insert principal] may be liable
			 as an employer or in any other capacity; and
(B) To any obligation to share damages with
			 or repay another person who must pay damages because of the injury to persons
			 identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
			 out of the ownership, maintenance, use, or entrustment to others of any
			 aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied
			 by [insert principal];
(2) Premises
			 that are sold, given away or abandoned by [insert principal] if the property
			 damage arises out of any part of those premises;
(3) Property loaned to [insert
			 principal];
(4) Personal property
			 in the care, custody or control of [insert principal];
(5) That particular part of real property on
			 which [insert principal] or any contractors or subcontractors working directly
			 or indirectly on behalf of [insert principal] are performing operations, if the
			 property damage arises out of these operations.
[Signatures]
Principal
[Signatures]
Claimant(s)
or
(2) a
			 valid final court order establishing a judgment against the principal for
			 bodily injury or property damage caused by a sudden or non-sudden accidental
			 occurrence arising from operation of the principal's facility or group of
			 facilities.
This letter of credit is effective as of [date] and shall
				expire on [date at least one year later], but such expiration date shall be
				automatically extended for a period of [at least one year] on [date] and on
				each successive expiration date, unless, at least 120 days before the current
				expiration date, we notify you, the DEQ Director, and [owner's or operator's
				name] by certified mail that we have decided not to extend this letter of
				credit beyond the current expiration date.
Whenever this letter of credit is drawn on under and in
				compliance with the terms of this credit,
we shall duly honor such draft upon presentation to us.
[Insert the following language if a standby trust fund is not
				being used:
"In the event that this letter of credit is used in combination
				with another mechanism for liability coverage, this letter of credit shall be
				considered [insert "primary" or "excess"] coverage."]
We certify that the wording of this letter of credit is
				identical to the wording specified in
APC&EC Rule No. 23 § 264.151(k) as such rules were
				constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing
				institution]
[Date]
This credit is subject to [insert "the most recent edition of
				the Uniform Customs and Practice for Documentary Credits, published and
				copyrighted by the International Chamber of Commerce" or "the Uniform
				Commercial Code"].
(1) A
			 surety bond, as specified in § 264.147(h) or § 265.147(h) of this
			 rule, must be worded as follows: except that instructions in brackets are to be
			 replaced with the relevant information and the brackets deleted:
Payment Bond
Surety Bond No. [Insert number]
Parties [Insert name and address of owner or operator],
				Principal, incorporated in [Insert State of incorporation] of [Insert city and
				State of principal place of business] and [Insert name and address of surety
				company(ies)], Surety Company(ies), of [Insert surety(ies) place of business].
EPA Identification Number, name, and address for each facility
				guaranteed by this bond:
Sudden accidental occurrences
Nonsudden accidental occurrences
Penal Sum Per Occurrence [insert amount] [insert amount] Annual
				Aggregate [insert amount] [insert amount]
Purpose: This is an agreement between the Surety(ies) and the
				Principal under which the Surety(ies), its(their) successors and assignees,
				agree to be responsible for the payment of claims against the Principal for
				bodily injury and/or property damage to third parties caused by ["sudden"
				and/or "nonsudden"] accidental occurrences arising from operations of the
				facility or group of facilities in the sums prescribed herein; subject to the
				governing provisions and the following conditions. Governing Provisions:
(1) Section 3004 of the Resource
			 Conservation and Recovery Act of 1976, as amended.
(2) Rules and regulations of the Division of
			 Environmental Quality, (DEQ) particularly APC&EC Rule No. 23 §
			 ["§ 264.147" or "§ 265.147"] (if applicable).
(3) Rules and regulations of the U.S.
			 Environmental Protection Agency, 40 CFR Part ["264.147" or "265.147", as
			 applicable].
Conditions:
(1) The Principal is subject to the
			 applicable governing provisions that require the Principal to have and maintain
			 liability coverage for bodily injury and property damage to third parties
			 caused by ["sudden" and/or "nonsudden"] accidental occurrences arising from
			 operations of the facility or group of facilities. Such obligation does not
			 apply to any of the following:
(a) Bodily
			 injury or property damage for which [insert principal] is obligated to pay
			 damages by reason of the assumption of liability in a contract or agreement.
			 This exclusion does not apply to liability for damages that [insert principal]
			 would be obligated to pay in the absence of the contract or
			 agreement.
(b) Any obligation of
			 [insert principal] under a workers' compensation, disability benefits, or
			 unemployment compensation law or similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising
			 from, and in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or
			 sister of that employee as a consequence of, or arising from, and in the course
			 of employment by [insert principal]. This exclusion applies:
(A) Whether [insert principal] may be liable
			 as an employer or in any other capacity; and
(B) To any obligation to share damages with
			 or repay another person who must pay damages because of the injury to persons
			 identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
			 out of the ownership, maintenance, use, or entrustment to others of any
			 aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied
			 by [insert principal];
(2) Premises
			 that are sold, given away or abandoned by [insert principal] if the property
			 damage arises out of any part of those premises;
(3) Property loaned to [insert
			 principal];
(4) Personal property
			 in the care, custody or control of [insert principal];
(5) That particular part of real property on
			 which [insert principal] or any contractors or subcontractors working directly
			 or indirectly on behalf of [insert principal] are performing operations, if the
			 property damage arises out of these operations.
(2) This bond assures that the Principal will
			 satisfy valid third party liability claims, as described in condition
			 1.
(3) If the Principal fails to
			 satisfy a valid third party liability claim, as described above, the
			 Surety(ies) becomes liable on this bond obligation.
(4) The Surety(ies) shall satisfy a third
			 party liability claim only upon the receipt of one of the following documents:
(a) Certification from the Principal and the
			 third party claimant(s) that the liability claim should be paid. The
			 certification must be worded as follows, except that instructions in brackets
			 are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert name of Principal] and
				[insert name and address of third party claimant(s)], hereby certify that the
				claim of bodily injury and/or property damage caused by a [sudden or nonsudden]
				accidental occurrence arising from operating [Principal's] hazardous waste
				treatment, storage, or disposal facility should be paid in the amount of $[
				].
[Signature] Principal [Notary] Date [Signature(s)] Claimant(s)
				[Notary] Date or
(b) A valid
			 final court order establishing a judgment against the Principal for bodily
			 injury or property damage caused by sudden or nonsudden accidental occurrences
			 arising from the operation of the Principal's facility or group of
			 facilities.
(5) In the
			 event of combination of this bond with another mechanism for liability
			 coverage, this bond will be considered [insert "primary" or "excess"]
			 coverage.
(6) The liability of the
			 Surety(ies) shall not be discharged by any payment or succession of payments
			 hereunder, unless and until such payment or payments shall amount in the
			 aggregate to the penal sum of the bond. In no event shall the obligation of the
			 Surety(ies) hereunder exceed the amount of said annual aggregate penal sum,
			 provided that the Surety(ies) furnish(es) notice to the Director forthwith of
			 all claims filed and payments made by the Surety(ies) under this
			 bond.
(7) The Surety(ies) may
			 cancel the bond by sending notice of cancellation by certified mail to the
			 Principal and the DEQ Director, provided, however, that cancellation shall not
			 occur during the 120 days beginning on the date of receipt of the notice of
			 cancellation by the Principal and the Director, as evidenced by the return
			 receipt.
(8) The Principal may
			 terminate this bond by sending written notice to the Surety(ies) and to the
			 Director.
(9) The Surety(ies)
			 hereby waive(s) notification of amendments to applicable laws, statutes, rules
			 and regulations and agree(s) that no such amendment shall in any way alleviate
			 its (their) obligation on this bond.
(10) This bond is effective from [insert
			 date] (12:01 a.m., standard time, at the address of the Principal as stated
			 herein) and shall continue in force until terminated as described above.
In Witness Whereof, the Principal and Surety(ies) have executed
				this Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that
				they are authorized to execute this surety bond on behalf of the Principal and
				Surety(ies) and that the wording of this surety bond is identical to the
				wording specified in APC&EC Rule No. 23 § 264.151(1), as such rule s
				were constituted on the date this bond was executed.
PRINCIPAL [Signature(s)] [Name(s)] [Title(s)] [Corporate
				Seal]
CORPORATE SURETY[IES]
[Name and address]
State of incorporation:
Liability Limit: $
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and
				other information in the same manner as for Surety above.]
Bond premium: $
(m)
(1) A
			 trust agreement, as specified in § 264.147(j) or § 265.147(j) of this
			 rule, must be worded as follows, except that instructions in brackets are to be
			 replaced with the relevant information and the brackets deleted:
Trust
			 Agreement
Trust Agreement, the "Agreement," entered into as of [date] by
				and between [name of the owner or operator] a [name of State] [insert
				"corporation," "partnership," "association," or "proprietorship"], the
				"Grantor," and [name of corporate trustee], [insert, "incorporated in the State
				of " or "a national bank"], the "trustee."
Whereas, the United States Environmental Protection Agency,
				"EPA," an agency of the United States Government, has established certain
				regulations applicable to the Grantor, requiring that an owner or operator of a
				hazardous waste management facility or group of facilities must demonstrate
				financial responsibility for bodily injury and property damage to third parties
				caused by sudden accidental and/or nonsudden accidental occurrences arising
				from operations of the facility or group of facilities.
Whereas, the Grantor has elected to establish a trust to assure
				all or part of such financial responsibility for the facilities identified
				herein.
Whereas, the Grantor, acting through its duly authorized
				officers, has selected the Trustee to be the trustee under this agreement, and
				the Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as
				follows:
Section 1. Definitions. As
			 used in this Agreement:
(a) The term "Grantor"
			 means the owner or operator who enters into this Agreement and any successors
			 or assigns of the Grantor.
(b) The
			 term "Trustee" means the Trustee who enters into this Agreement and any
			 successor Trustee.
Section
			 2. Identification of Facilities. This agreement pertains to the
			 facilities identified on attached schedule A [on schedule A, for each facility
			 list the EPA Identification Number, name, and address of the facility(ies) and
			 the amount of liability coverage, or portions thereof, if more than one
			 instrument affords combined coverage as demonstrated by this
			 Agreement].
Section 3.
			 Establishment of Fund. The Grantor and the Trustee hereby establish a trust
			 fund, hereinafter the "Fund," for the benefit of any and all third parties
			 injured or damaged by [sudden and/or non-sudden] accidental occurrences arising
			 from operation of the facility(ies) covered by this guarantee, in the amounts
			 of [up to $1 million] per occurrence and [up to $2 million] annual aggregate
			 for sudden accidental occurrences and [up to $3 million] per occurrence and [up
			 to $6 million] annual aggregate for non-sudden occurrences, except that the
			 Fund is not established for the benefit of third parties for the following:
(a) Bodily injury or property damage for
			 which [insert Grantor] is obligated to pay damages by reason of the assumption
			 of liability in a contract or agreement. This exclusion does not apply to
			 liability for damages that [insert Grantor] would be obligated to pay in the
			 absence of the contract or agreement.
(b) Any obligation of [insert Grantor] under
			 a workers' compensation, disability benefits, or unemployment compensation law
			 or any similar law.
(c) Bodily
			 injury to:
(1) An employee of [insert
			 Grantor] arising from, and in the course of, employment by [insert Grantor];
			 or
(2) The spouse, child, parent,
			 brother or sister of that employee as a consequence of, or arising from, and in
			 the course of employment by [insert Grantor].
This exclusion applies:
(A) Whether [insert Grantor] may be liable as
			 an employer or in any other capacity; and
(B) To any obligation to share damages with
			 or repay another person who must pay damages because of the injury to persons
			 identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
			 out of the ownership, maintenance, use, or entrustment to others of any
			 aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied
			 by [insert Grantor];
(2) Premises
			 that are sold, given away or abandoned by [insert Grantor] if the property
			 damage arises out of any part of those premises;
(3) Property loaned to [insert
			 Grantor];
(4) Personal property in
			 the care, custody or control of [insert Grantor];
(5) That particular part of real property on
			 which [insert Grantor] or any contractors or subcontractors working directly or
			 indirectly on behalf of [insert Grantor] are performing operations, if the
			 property damage arises out of these operations.
In the event of combination with another mechanism for
				liability coverage, the fund shall be considered [insert "primary" or "excess"]
				coverage.
The Fund is established initially as consisting of the
				property, which is acceptable to the Trustee, described in Schedule B attached
				hereto. Such property and any other property subsequently transferred to the
				Trustee is referred to as the Fund, together with all earnings and profits
				thereon, less any payments or distributions made by the Trustee pursuant to
				this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter
				provided. The Trustee shall not be responsible nor shall it undertake any
				responsibility for the amount or adequacy of, nor any duty to collect from the
				Grantor, any payments necessary to discharge any liabilities of the Grantor
				established by DEQ.
Section 4. Payment for Bodily Injury or
			 Property Damage. The Trustee shall satisfy a third party liability claim by
			 making payments from the Fund only upon receipt of one of the following
			 documents;
(a) Certification from the Grantor
			 and the third party claimant(s) that the liability claim should be paid. The
			 certification must be worded as follows, except that instructions in brackets
			 are to be replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name
				and address of third party claimant(s)], hereby certify that the claim of
				bodily injury and/or property damage caused by a [sudden or nonsudden]
				accidental occurrence arising from operating [Grantor's] hazardous waste
				treatment, storage, or disposal facility should be paid in the amount of $[
				].
[Signatures] Grantor [Signatures] Claimant(s)
(b) A valid final court order establishing a
			 judgment against the Grantor for bodily injury or property damage caused by
			 sudden or nonsudden accidental occurrences arising from the operation of the
			 Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund.
			 Payments made to the Trustee for the Fund shall consist of cash or securities
			 acceptable to the Trustee.
Section
			 6. Trustee Management. The Trustee shall invest and reinvest the
			 principal and income, in accordance with general investment policies and
			 guidelines which the Grantor may communicate in writing to the Trustee from
			 time to time, subject, however, to the provisions of this section. In
			 investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee
			 shall discharge his duties with respect to the trust fund solely in the
			 interest of the beneficiary and with the care, skill, prudence, and diligence
			 under the circumstance then prevailing which persons of prudence, acting in a
			 like capacity and familiar with such matters, would use in the conduct of an
			 enterprise of a like character and with like aims; except that:
(i) Securities or other obligations of the
			 Grantor, or any other owner or operator of the facilities, or any of their
			 affiliates as defined in the Investment Company Act of 1940, as amended,
			 15 U.S.C.
			 80a-2.(a), shall not be acquired or held
			 unless they are securities or other obligations of the Federal or a State
			 government;
(ii) The Trustee is
			 authorized to invest the Fund in time or demand deposits of the Trustee, to the
			 extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash
			 awaiting investment or distribution uninvested for a reasonable time and
			 without liability for the payment of interest thereon.
Section 7. Commingling and Investment. The
			 Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all
			 of the assets of the Fund to any common commingled, or collective trust fund
			 created by the Trustee in which the fund is eligible to participate, subject to
			 all of the provisions thereof, to be commingled with the assets of other trusts
			 participating therein; and
(b) To
			 purchase shares in any investment company registered under the Investment
			 Company Act of 1940, 15 U.S.C. 81a-1 et seq., including one which may be
			 created, managed, underwritten, or to which investment advice is rendered or
			 the shares of which are sold by the Trustee. The Trustee may vote such shares
			 in its discretion.
Section
			 8. Express Powers of Trustee. Without in any way limiting the
			 powers and discretions conferred upon the Trustee by the other provisions of
			 this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or
			 otherwise dispose of any property held by it, by public or private sale. No
			 person dealing with the Trustee shall be bound to see to the application of the
			 purchase money or to inquire into the validity or expediency of any such sale
			 or other disposition;
(b) To make,
			 execute, acknowledge, and deliver any and all documents of transfer and
			 conveyance and any and all other instruments that may be necessary or
			 appropriate to carry out the powers herein granted;
(c) To register any securities held in the
			 Fund in its own name or in the name of a nominee and to hold any security in
			 bearer form or in book entry, or to combine certificates representing such
			 securities with certificates of the same issue held by the Trustee in other
			 fiduciary capacities, or to deposit or arrange for the deposit of such
			 securities in a qualified central depositary even though, when so deposited,
			 such securities may be merged and held in bulk in the name of the nominee of
			 such depositary with other securities deposited therein by another person, or
			 to deposit or arrange for the deposit of any securities issued by the United
			 States Government, or any agency or instrumentality thereof, with a Federal
			 Reserve bank, but the books and records of the Trustee shall at all times show
			 that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in
			 interest-bearing accounts maintained or savings certificates issued by the
			 Trustee, in its separate corporate capacity, or in any other banking
			 institution affiliated with the Trustee, to the extent insured by an agency of
			 the Federal or State government; and
(e) To compromise or otherwise adjust all
			 claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of
			 any kind that may be assessed or levied against or in respect of the Fund and
			 all brokerage commissions incurred by the Fund shall be paid from the Fund. All
			 other expenses incurred by the Trustee in connection with the administration of
			 this Trust, including fees for legal services rendered to the Trustee, the
			 compensation of the Trustee to the extent not paid directly by the Grantor, and
			 all other proper charges and disbursements of the Trustee shall be paid from
			 the Fund.
Section 10. Annual
			 Valuations. The Trustee shall annually, at least 30 days prior to the
			 anniversary date of establishment of the Fund, furnish to the Grantor and to
			 the Director, DEQ a statement confirming the value of the Trust. Any securities
			 in the Fund shall be valued at market value as of no more than 60 days prior to
			 the anniversary date of establishment of the Fund. The failure of the Grantor
			 to object in writing to the Trustee within 90 days after the statement has been
			 furnished to the Grantor and the Director shall constitute a conclusively
			 binding assent by the Grantor barring the Grantor from asserting any claim or
			 liability against the Trustee with respect to matters disclosed in the
			 statement.
Section 11. Advice of
			 Counsel. The Trustee may from time to time consult with counsel, who may be
			 counsel to the Grantor with respect to any question arising as to the
			 construction of this Agreement or any action to be taken hereunder. The Trustee
			 shall be fully protected, to the extent permitted by law, in acting upon the
			 advice of counsel.
Section 12.
			 Trustee Compensation. The Trustee shall be entitled to reasonable compensation
			 for its services as agreed upon in writing from time to time with the
			 Grantor.
Section 13. Successor
			 Trustee. The Trustee may resign or the Grantor may replace the Trustee, but
			 such resignation or replacement shall not be effective until the Grantor has
			 appointed a successor trustee and this successor accepts the appointment. The
			 successor trustee shall have the same powers and duties as those conferred upon
			 the Trustee hereunder. Upon the successor trustee's acceptance of the
			 appointment, the Trustee shall assign, transfer, and pay over to the successor
			 trustee the funds and properties then constituting the Fund. If for any reason
			 the Grantor cannot or does not act in the event of the resignation of the
			 Trustee, the Trustee may apply to a court of competent jurisdiction for the
			 appointment of a successor trustee or for instructions. The successor trustee
			 shall specify the date on which it assumes administration of the trust in a
			 writing sent to the Grantor, the Director, and the present Trustee by certified
			 mail 10 days before such change becomes effective. Any expenses incurred by the
			 Trustee as a result of any of the acts contemplated by this section shall be
			 paid as provided in Section 9.
Section
			 14. Instructions to the Trustee. All orders, requests, and
			 instructions by the Grantor to the Trustee shall be in writing, signed by such
			 persons as are designated in the attached Exhibit A or such other designees as
			 the Grantor may designate by amendments to Exhibit A. The Trustee shall be
			 fully protected in acting without inquiry in accordance with the Grantor's
			 orders, requests, and instructions. All orders, requests, and instructions by
			 the Director to the Trustee shall be in writing, signed by the Director, or his
			 designee, and the Trustee shall act and shall be fully protected in acting in
			 accordance with such orders, requests, and instructions. The Trustee shall have
			 the right to assume, in the absence of written notice to the contrary, that no
			 event constituting a change or a termination of the authority of any person to
			 act on behalf of the Grantor or DEQ hereunder has occurred. The Trustee shall
			 have no duty to act in the absence of such orders, requests, and instructions
			 from the Grantor and/or EPA, except as provided for herein.
Section 15. Notice of Nonpayment. If a
			 payment for bodily injury or property damage is made under Section 4 of this
			 trust, the Trustee shall notify the Grantor of such payment and the amount(s)
			 thereof within five (5) working days. The Grantor shall, on or before the
			 anniversary date of the establishment of the Fund following such notice, either
			 make payments to the Trustee in amounts sufficient to cause the trust to return
			 to its value immediately prior to the payment of claims under Section 4, or
			 shall provide written proof to the Trustee that other financial assurance for
			 liability coverage has been obtained equalling the amount necessary to return
			 the trust to its value prior to the payment of claims. If the Grantor does not
			 either make payments to the Trustee or provide the Trustee with such proof, the
			 Trustee shall within 10 working days after the anniversary date of the
			 establishment of the Fund provide a written notice of nonpayment to the
			 Director.
Section 16. Amendment of
			 Agreement. This Agreement may be amended by an instrument in writing executed
			 by the Grantor, the Trustee, and the Director, or by the Trustee and the
			 Director if the Grantor ceases to exist.
Section
			 17. Irrevocability and Termination. Subject to the right of the
			 parties to amend this Agreement as provided in Section 16, this Trust shall be
			 irrevocable and shall continue until terminated at the written agreement of the
			 Grantor, the Trustee, and the Director, or by the Trustee and the Director, if
			 the Grantor ceases to exist. Upon termination of the Trust, all remaining trust
			 property, less final trust administration expenses, shall be delivered to the
			 Grantor.
The Director will agree to termination of the Trust when the
				owner or operator substitutes alternate financial assurance as specified in
				this section.
Section 18.
			 Immunity and Indemnification. The Trustee shall not incur personal liability of
			 any nature in connection with any act or omission, made in good faith, in the
			 administration of this Trust, or in carrying out any directions by the Grantor
			 or the Director issued in accordance with this Agreement. The Trustee shall be
			 indemnified and saved harmless by the Grantor or from the Trust Fund, or both,
			 from and against any personal liability to which the Trustee may be subjected
			 by reason of any act or conduct in its official capacity, including all
			 expenses reasonably incurred in its defense in the event the Grantor fails to
			 provide such defense.
Section 19.
			 Choice of Law. This Agreement shall be administered, construed, and enforced
			 according to the laws of the State of Arkansas.
Section 20. Interpretation. As used in this
			 Agreement, words in the singular include the plural and words in the plural
			 include the singular. The descriptive headings for each section of this
			 Agreement shall not affect the interpretation or the legal efficacy of this
			 Agreement.
In Witness Whereof the parties have caused this Agreement to be
				executed by their respective officers duly authorized and their corporate seals
				to be hereunto affixed and attested as of the date first above written. The
				parties below certify that the wording of this Agreement is identical to the
				wording specified in APC&EC Rule No. 23 § 264.151(m) as such rules
				were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The
			 following is an example of the certification of acknowledgement which must
			 accompany the trust agreement for a trust fund as specified in §§
			 264.147(j) or 265.147(j)
of this rule. State requirements may differ on the proper
				content of this acknowledgement. State of County of
On this [date], before me personally came [owner or operator]
				to me known, who, being by me duly sworn, did depose and say that she/he
				resides at [address], that she/he is [title] of [corporation], the corporation
				described in and which executed the above instrument; that she/he knows the
				seal of said corporation; that the seal affixed to such instrument is such
				corporate seal; that it was so affixed by order of the Board of Directors of
				said corporation, and that she/he signed her/his name thereto by like
				order.
[Signature of Notary Public]
(n)
(1) A
			 standby trust agreement, as specified in § 264.147(h) or 265.147(h) of
			 this rule, must be worded as follows, except that instructions in brackets are
			 to be replaced with the relevant information and the brackets deleted:
Standby Trust Agreement
Trust Agreement, the "Agreement," entered into as of [date] by
				and between [name of the owner or operator] a [name of a State] [insert
				"corporation," "partnership," "association," or "proprietorship"], the
				"Grantor," and [name of corporate trustee], [insert, "incorporated in the State
				of _______ " or "a national bank"], the "trustee."
Whereas the United States Environmental Protection Agency,
				"EPA," an agency of the United States Government, and the Division of
				Environmental Quality, an agency of the State of Arkansas, have established
				certain regulations applicable to the Grantor, requiring that an owner or
				operator of a hazardous waste management facility or group of facilities must
				demonstrate financial responsibility for bodily injury and property damage to
				third parties caused by sudden accidental and/or nonsudden accidental
				occurrences arising from operations of the facility or group of
				facilities.
Whereas, the Grantor has elected to establish a standby trust
				into which the proceeds from a letter of credit may be deposited to assure all
				or part of such financial responsibility for the facilities identified
				herein.
Whereas, the Grantor, acting through its duly authorized
				officers, has selected the Trustee to be the trustee under this agreement, and
				the Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
				Section 1. Definitions. As used in this Agreement:
(a) The term "Grantor" means the owner or
			 operator who enters into this Agreement and any successors or assigns of the
			 Grantor.
(b) The term "Trustee"
			 means the Trustee who enters into this Agreement and any successor
			 Trustee.
Section 2. Identification of Facilities. This
			 agreement pertains to the facilities identified on attached schedule A [on
			 schedule A, for each facility list the EPA Identification Number, name, and
			 address of the facility(ies) and the amount of liability coverage, or portions
			 thereof, if more than one instrument affords combined coverage as demonstrated
			 by this Agreement].
Section 3.
			 Establishment of Fund. The Grantor and the Trustee hereby establish a standby
			 trust fund, hereafter the "Fund," for the benefit of any and all third parties
			 injured or damaged by [sudden and/or nonsudden] accidental occurrences arising
			 from operation of the facility(ies) covered by this guarantee, in the amounts
			 of _______ [up to $1 million] per occurrence and _______ [up to $2 million]
			 annual aggregate for sudden accidental occurrences and _______ [up to $3
			 million] per occurrence and _______ [up to $6 million] annual aggregate for
			 nonsudden occurrences, except that the Fund is not established for the benefit
			 of third parties for the following:
(a)
			 Bodily injury or property damage for which [insert Grantor] is obligated to pay
			 damages by reason of the assumption of liability in a contract or agreement.
			 This exclusion does not apply to liability for damages that [insert Grantor]
			 would be obligated to pay in the absence of the contract or
			 agreement.
(b) Any obligation of
			 [insert Grantor] under a workers' compensation, disability benefits, or
			 unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert Grantor] arising
			 from, and in the course of, employment by [insert Grantor]; or
(2) The spouse, child, parent, brother or
			 sister of that employee as a consequence of, or arising from, and in the course
			 of employment by [insert Grantor].
This exclusion applies:
(A) Whether [insert Grantor] may be liable as
			 an employer or in any other capacity; and
(B) To any obligation to share damages with
			 or repay another person who must pay damages because of the injury to persons
			 identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising
			 out of the ownership, maintenance, use, or entrustment to others of any
			 aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied
			 by [insert Grantor];
(2) Premises
			 that are sold, given away or abandoned by [insert Grantor] if the property
			 damage arises out of any part of those premises;
(3) Property loaned by [insert
			 Grantor];
(4) Personal property in
			 the care, custody or control of [insert Grantor];
(5) That particular part of real property on
			 which [insert Grantor] or any contractors or subcontractors working directly or
			 indirectly on behalf of [insert Grantor] are performing operations, if the
			 property damage arises out of these operations.
In the event of combination with another mechanism for
				liability coverage, the fund shall be considered [insert "primary" or "excess"]
				coverage.
The Fund is established initially as consisting of the proceeds
				of the letter of credit deposited into the Fund. Such proceeds and any other
				property subsequently transferred to the Trustee is referred to as the Fund,
				together with all earnings and profits thereon, less any payments or
				distributions made by the Trustee pursuant to this Agreement. The Fund shall be
				held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not
				be responsible nor shall it undertake any responsibility for the amount or
				adequacy of, nor any duty to collect from the Grantor, any payments necessary
				to discharge any liabilities of the Grantor established by the Division.
Section 4.
			 Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third
			 party liability claim by drawing on the letter of credit described in Schedule
			 B and by making payments from the Fund only upon receipt of one of the
			 following documents:
(a) Certification from
			 the Grantor and the third party claimant(s) that the liability claim should be
			 paid. The certification must be worded as follows, except that instructions in
			 brackets are to be replaced with the relevant information and the brackets
			 deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name
				and address of third party claimant(s)], hereby certify that the claim of
				bodily injury and/or property damage caused by a [sudden or nonsudden]
				accidental occurrence arising from operating [Grantor's] hazardous waste
				treatment, storage, or disposal facility should be paid in the amount of $[
				].
[Signature] _______
Grantor _______
[Signatures] _______
Claimant(s) _______
(b) A valid final court order establishing a
			 judgment against the Grantor for bodily injury or property damage caused by
			 sudden or nonsudden accidental occurrences arising from the operation of the
			 Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund.
			 Payments made to the Trustee for the Fund shall consist of the proceeds from
			 the letter of credit drawn upon by the Trustee in accordance with the
			 requirements of Rule No. 23 § 264.151(k) and Section 4 of this
			 Agreement.
Section 6. Trustee
			 Management. The Trustee shall invest and reinvest the principal and income, in
			 accordance with general investment policies and guidelines which the Grantor
			 may communicate in writing to the Trustee from time to time, subject, however,
			 to the provisions of this Section. In investing, reinvesting, exchanging,
			 selling, and managing the Fund, the Trustee shall discharge his duties with
			 respect to the trust fund solely in the interest of the beneficiary and with
			 the care, skill, prudence, and diligence under the circumstances then
			 prevailing which persons of prudence, acting in a like capacity and familiar
			 with such matters, would use in the conduct of an enterprise of a like
			 character and with like aims; except that:
(i) Securities or other obligations of the
			 Grantor, or any other owner or operator of the facilities, or any of their
			 affiliates as defined in the Investment Company Act of 1940, as amended,
			 15 U.S.C.
			 80a-2(a), shall not be
			 acquired or held, unless they are securities or other obligations of the
			 Federal or a State government;
(ii)
			 The Trustee is authorized to invest the Fund in time or demand deposits of the
			 Trustee, to the extent insured by an agency of the Federal or a State
			 government; and
(iii) The Trustee
			 is authorized to hold cash awaiting investment or distribution uninvested for a
			 reasonable time and without liability for the payment of interest
			 thereon.
Section 7.
			 Commingling and Investment. The Trustee is expressly authorized in its
			 discretion:
(a) To transfer from time to time
			 any or all of the assets of the Fund to any common, commingled, or collective
			 trust fund created by the Trustee in which the Fund is eligible to participate,
			 subject to all of the provisions thereof, to be commingled with the assets of
			 other trusts participating therein; and
(b) To purchase shares in any investment
			 company registered under the Investment Company Act of 1940,
			 15 U.S.C.
			 80a-1 et seq., including one which may be
			 created, managed, underwritten, or to which investment advice is rendered or
			 the shares of which are sold by the Trustee. The Trustee may vote such shares
			 in its discretion.
Section
			 8. Express Powers of Trustee. Without in any way limiting the
			 powers and discretions conferred upon the Trustee by the other provisions of
			 this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or
			 otherwise dispose of any property held by it, by public or private sale. No
			 person dealing with the Trustee shall be bound to see to the application of the
			 purchase money or to inquire into the validity or expediency of any such sale
			 or other disposition;
(b) To make,
			 execute, acknowledge, and deliver any and all documents of transfer and
			 conveyance and any and all other instruments that may be necessary or
			 appropriate to carry out the powers herein granted;
(c) To register any securities held in the
			 Fund in its own name or in the name of a nominee and to hold any security in
			 bearer form or in book entry, or to combine certificates representing such
			 securities with certificates of the same issue held by the Trustee in other
			 fiduciary capacities, or to deposit or arrange for the deposit of such
			 securities in a qualified central depositary even though, when so deposited,
			 such securities may be merged and held in bulk in the name of the nominee of
			 such depositary with other securities deposited therein by another person, or
			 to deposit or arrange for the deposit of any securities issued by the United
			 States Government, or any agency or instrumentality thereof, with a Federal
			 Reserve Bank, but the books and records of the Trustee shall at all times show
			 that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in
			 interest-bearing accounts maintained or savings certificates issued by the
			 Trustee, in its separate corporate capacity, or in any other banking
			 institution affiliated with the Trustee, to the extent insured by an agency of
			 the Federal or State government; and
(e) To compromise or otherwise adjust all
			 claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of
			 any kind that may be assessed or levied against or in respect of the Fund and
			 all brokerage commissions incurred by the Fund shall be paid from the Fund. All
			 other expenses incurred by the Trustee in connection with the administration of
			 this Trust, including fees for legal services rendered to the Trustee, the
			 compensation of the Trustee to the extent not paid directly by the Grantor, and
			 all other proper charges and disbursements to the Trustee shall be paid from
			 the Fund.
Section 10. Advice of
			 Counsel. The Trustee may from time to time consult with counsel, who may be
			 counsel to the Grantor, with respect to any question arising as to the
			 construction of this Agreement or any action to be taken hereunder. The Trustee
			 shall be fully protected, to the extent permitted by law, in acting upon the
			 advice of counsel.
Section 11.
			 Trustee Compensation. The Trustee shall be entitled to reasonable compensation
			 for its services as agreed upon in writing from time to time with the
			 Grantor.
Section 12. Successor
			 Trustee. The Trustee may resign or the Grantor may replace the Trustee, but
			 such resignation or replacement shall not be effective until the Grantor has
			 appointed a successor trustee and this successor accepts the appointment. The
			 successor trustee shall have the same powers and duties as those conferred upon
			 the Trustee hereunder. Upon the successor trustee's acceptance of the
			 appointment, the Trustee shall assign, transfer, and pay over to the successor
			 trustee the funds and properties then constituting the Fund. If for any reason
			 the Grantor cannot or does not act in the event of the resignation of the
			 Trustee, the Trustee may apply to a court of competent jurisdiction for the
			 appointment of a successor trustee or for instructions. The successor trustee
			 shall specify the date on which it assumes administration of the trust in a
			 writing sent to the Grantor, the Director, and the present Trustee by certified
			 mail 10 days before such change becomes effective. Any expenses incurred by the
			 Trustee as a result of any of the acts contemplated by this Section shall be
			 paid as provided in Section 9.
Section
			 13. Instructions to the Trustee. All orders, requests,
			 certifications of valid claims, and instructions to the Trustee shall be in
			 writing, signed by such persons as are designated in the attached Exhibit A or
			 such other designees as the Grantor may designate by amendments to Exhibit A.
			 The Trustee shall be fully protected in acting without inquiry in accordance
			 with the
Grantor's orders, requests, and instructions. The Trustee shall
				have the right to assume, in the absence of written notice to the contrary,
				that no event constituting a change or a termination of the authority of any
				person to act on behalf of the Grantor or the Director hereunder has occurred.
				The Trustee shall have no duty to act in the absence of such orders, requests,
				and instructions from the Grantor and/or the Division, except as provided for
				herein.
Section 14.
			 Amendment of Agreement. This Agreement may be amended by an instrument in
			 writing executed by the Grantor, the Trustee, and the Director, or by the
			 Trustee and the Director if the Grantor ceases to exist.
Section 15. Irrevocability and Termination.
			 Subject to the right of the parties to amend this Agreement as provided in
			 Section 14, this Trust shall be irrevocable and shall continue until terminated
			 at the written agreement of the Grantor, the Trustee, and the Director, or by
			 the Trustee and the Director, if the Grantor ceases to exist. Upon termination
			 of the Trust, all remaining trust property, less final trust administration
			 expenses, shall be paid to the Grantor.
The Director will agree to termination of the Trust when the
				owner or operator substitutes alternative financial assurance as specified in
				this section.
Section 16.
			 Immunity and indemnification. The Trustee shall not incur personal liability of
			 any nature in connection with any act or omission, made in good faith, in the
			 administration of this Trust, or in carrying out any directions by the Grantor
			 and the Director issued in accordance with this Agreement. The Trustee shall be
			 indemnified and saved harmless by the Grantor or from the Trust Fund, or both,
			 from and against any personal liability to which the Trustee may be subjected
			 by reason of any act or conduct in its official capacity, including all
			 expenses reasonable incurred in its defense in the event the Grantor fails to
			 provide such defense.
Section 17.
			 Choice of Law. This Agreement shall be administered, construed, and enforced
			 according to the laws of the State of Arkansas.
Section 18. Interpretation. As used in this
			 Agreement, words in the singular include the plural and words in the plural
			 include the singular. The descriptive headings for each Section of this
			 Agreement shall not affect the interpretation of the legal efficacy of this
			 Agreement.
In Witness Whereof the parties have caused this Agreement to be
				executed by their respective officers duly authorized and their corporate seals
				to be hereunto affixed and attested as of the date first above written. The
				parties below certify that the wording of this Agreement is identical to the
				wording specified in APC&EC Rule No. 23 § 264.151(n) as such rules
				were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest: [Title] [Seal]
(2) The following is an example of the
			 certification of acknowledgement which must accompany the trust agreement for a
			 standby trust fund as specified in section 264.147(h) or 265.147(h) of this
			 rule. State requirements may differ on the proper content of this
			 acknowledgement.
State of _______
County of _______
On this [date], before me personally came [owner or operator]
				to me known, who, being by me duly sworn, did depose and say that she/he
				resides at [address], that she/he is [title] of [corporation], the corporation
				described in and which executed the above instrument; that she/he knows the
				seal of said corporation; that the seal affixed to such instrument is such
				corporate seal; that it was so affixed by order of the Board of Directors of
				said corporation, and that she/he signed her/his name thereto by like
				order.
[Signature of Notary Public]
Subsection I
-- Use and Management of
			 Containers.
§ 264.170
Applicability
The rules in this Subsection apply to owners and operators of
				all hazardous waste facilities that store containers of hazardous waste, except
				as § 264.1 provides otherwise.
[Comment: Under § 261.7 and § 261.33(c), if a
				hazardous waste is emptied from a container the residue remaining in the
				container is not considered a hazardous waste if the container is "empty" as
				defined in § 261.7. In that event, management of the container is exempt
				from the requirements of this Subsection.]
§ 264.171
Condition of
			 containers
If a container holding hazardous waste is not in good condition
				(e.g., severe rusting, apparent structural defects) or if it begins to leak,
				the owner or operator must transfer the hazardous waste from this container to
				a container that is in good condition or manage the waste in some other way
				that complies with the requirements of this part.
§ 264.172
Compatibility of waste
			 with containers
The owner or operator must use a container made of or lined
				with materials which will not react with, and are otherwise compatible with,
				the hazardous waste to be stored, so that the ability of the container to
				contain the waste is not impaired.
§ 264.173
Management of
			 containers
(a) A container holding
			 hazardous waste must always be closed during storage, except when it is
			 necessary to add or remove waste.
(b) A container holding hazardous waste must
			 not be opened, handled, or stored in a manner which may rupture the container
			 or cause it to leak.
[Comment: Reuse of containers in transportation is governed by
				U.S. Department of Transportation regulations including those set forth in
				49 CFR
				173.28.]
§ 264.174
Inspections
At least weekly, the owner or operator must inspect areas where
				containers are stored. The owner or operator must look for leaking containers
				and for deterioration of containers and the containment system caused by
				corrosion or other factors. See §§ 264.15(c) and 264.171 for remedial
				action required if deterioration or leaks are detected.
§ 264.175
Containment
(a) Container storage areas must have a
			 containment system that is designed and operated in accordance with paragraph
			 (b) of this section, except as otherwise provided by paragraph (c) of this
			 section.
(b) A containment system
			 must be designed and operated as follows:
(1)
			 A base must underlie the containers which is free of cracks or gaps and is
			 sufficiently impervious to contain leaks, spills, and accumulated precipitation
			 until the collected material is detected and removed;
(2)
The containment structure must
			 have an impermeable coating on all surfaces, including side walls and curbs,
			 sufficiently high so as to extend above any contained spill. Penetrating
			 sealants are not adequate to meet this coating requirement.
(3) The base must be sloped or the
			 containment system must be otherwise designed and operated to drain and remove
			 liquids resulting from leaks, spills, or precipitation, unless the containers
			 are elevated or are otherwise protected from contact with accumulated
			 liquids;
(4) The containment system
			 must have sufficient capacity to contain 10% of the volume of containers or the
			 volume of the largest container, whichever is greater. Containers that do not
			 contain free liquids need not be considered in this determination;
(5) Run-on into the containment system must
			 be prevented unless the collection system has sufficient excess capacity in
			 addition to that required in paragraph (b)(3) of this section to contain any
			 run-on which might enter the system; and
(6) Spilled or leaked waste and accumulated
			 precipitation must be removed from the sump or collection area in as timely a
			 manner as is necessary to prevent overflow of the collection system.
[Comment: If the collected material is a hazardous waste under
				Section 261, it must be managed as a hazardous waste in accordance with all
				applicable requirements of §§ 262-266 of this rule. If the collected
				material is discharged through a point source to waters of the United States,
				it is subject to the requirements of section 402 of the Clean Water Act, as
				amended.]
(c)
			 Storage areas that store containers holding only wastes that do not contain
			 free liquids need not have a containment system defined by paragraph (b) of
			 this section, except as provided by paragraph (d) of this section or provided
			 that:
(1) The storage area is sloped or is
			 otherwise designed and operated to drain and remove liquid resulting from
			 precipitation, or
(2) The containers
			 are elevated or are otherwise protected from contact with accumulated
			 liquid.
(d) Storage
			 areas that store containers holding the wastes listed below that do not contain
			 free liquids must have a containment system defined by paragraph (b) of this
			 section:
(1) F020, F021, F022, F023, F026,
			 and F027.
(2)
			 [Reserved]
§
			 264.176
Special requirements for ignitable or reactive
			 waste
Containers holding ignitable or reactive waste must be located
				at least 15 meters (50 feet) from the facility's property line.
[Comment: See § 264.17(a) for additional
				requirements.]
§
			 264.177
Special requirements for incompatible wastes
(a) Incompatible wastes, or incompatible
			 wastes and materials (see Appendix V for examples), must not be placed in the
			 same container, unless § 264.17(b) is complied with.
(b) Hazardous waste must not be placed in an
			 unwashed container that previously held an incompatible waste or material.
[Comment: As required by § 264.13, the waste analysis plan
				must include analyses needed to comply with § 264.177. Also, §
				264.17(c) requires wastes analyses, trial tests or other documentation to
				assure compliance with § 264.17(b). As required by § 264.73, the
				owner or operator must place the results of each waste analysis and trial test,
				and any documented information, in the operating record of the
				facility.]
(c) A storage
			 container holding a hazardous waste that is incompatible with any waste or
			 other materials stored nearby in other containers, piles, open tanks, or
			 surface impoundments must be separated from the other materials or protected
			 from them by means of a dike, berm, wall, or other device.
[Comment: The purpose of this section is to prevent fires,
				explosions, gaseous emission, leaching, or other discharge of hazardous waste
				or hazardous waste constituents which could result from the mixing of
				incompatible wastes or materials if containers break or leak.]
§ 264.178
Closure
At closure, all hazardous waste and hazardous waste residues
				must be removed from the containment system. Remaining containers, liners,
				bases, and soil containing or contaminated with hazardous waste or hazardous
				waste residues must be decontaminated or removed.
[Comment: At closure, as throughout the operating period,
				unless the owner or operator can demonstrate in accordance with § 261.3(d)
				of this rule that the solid waste removed from the containment system is not a
				hazardous waste, the owner or operator becomes a generator of hazardous waste
				and must manage it in accordance with all applicable requirements of Sections
				262 through 266 of this rule].
§
			 264.179
Air emission standards
The owner or operator shall manage all hazardous waste placed
				in a container in accordance with the requirements of subsections AA, BB, and
				CC of this Section.
Subsection
			 J
-- Tank Systems
§
			 264.190
Applicability
The requirements of this Subsection apply to owners and
				operators of facilities that use tank systems for storing or treating hazardous
				waste except as otherwise provided in paragraphs (a), (b), and (c) of this
				section or in § 264.1 of this part.
(a) Tank systems that are used to store or
			 treat hazardous waste which contains no free liquids and are situated inside a
			 building with an impermeable floor are exempted from the requirements in §
			 264.193. To demonstrate the absence or presence of free liquids in the
			 stored/treated waste, the following test must be used: Method 9095B (Paint
			 Filter Liquids Test) as described in ''Test Methods for Evaluating Solid Waste,
			 Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by
			 reference in § 260.11 of this rule.
(b) Tank systems, including sumps, as defined
			 in § 260.10, that serve as part of a secondary containment system to
			 collect or contain releases of hazardous wastes are exempted from the
			 requirements in § 264.193(a).
(c) Tanks, sumps, and other such collection
			 devices or systems used in conjunction with drip pads, as defined in §
			 260.10 of this rule and regulated under Subsection W of this section, must meet
			 the requirements of this Subsection.
§ 264.191
Assessment of existing
			 tank system's integrity
(a) For each
			 existing tank system that does not have secondary containment meeting the
			 requirements of § 264.193, the owner or operator must determine that the
			 tank system is not leaking or is fit for use. Except as provided in paragraph
			 (c) of this section, the owner or operator must obtain and keep on file at the
			 facility a written assessment reviewed and certified by
an independent,
			 qualified Arkansas-registered professional engineer,
in accordance
			 with § 270.11(d), that attests to the tank system's integrity by January
			 12, 1988.
(b) This assessment must
			 determine that the tank system is adequately designed and has sufficient
			 structural strength and compatibility with the waste(s) to be stored or
			 treated, to ensure that it will not collapse, rupture, or fail. At a minimum,
			 this assessment must consider the following:
(1) Design standard(s), if available,
			 according to which the tank and ancillary equipment were constructed;
(2) Hazardous characteristics of the waste(s)
			 that have been and will be handled;
(3) Existing corrosion protection
			 measures;
(4) Documented age of the
			 tank system, if available (otherwise, an estimate of the age); and
(5) Results of a leak test, internal
			 inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, the
			 assessment must include a leak test that is capable of taking into account the
			 effects of temperature variations, tank end deflection, vapor pockets, and high
			 water table effects, and
(ii) For
			 other than non-enterable underground tanks and for ancillary equipment, this
			 assessment must include either a leak test, as described above, or other
			 integrity examination, that is certified by an independent, qualified,
			 Arkansas-registered professional engineer in accordance with § 270.11(d),
			 that addresses cracks, leaks, corrosion, and erosion.
[Note: The practices described in the American Petroleum
				Institute (API) Publication, Guide for Inspection of Refinery Equipment,
				Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981,
				may be used, where applicable, as guidelines in conducting other than a leak
				test.]
(c) Tank systems that store or treat
			 materials that become hazardous wastes subsequent to July 14, 1986, must
			 conduct this assessment within 12 months after the date that the waste becomes
			 a hazardous waste.
(d) If, as a
			 result of the assessment conducted in accordance with paragraph (a), a tank
			 system is found to be leaking or unfit for use, the owner or operator must
			 comply with the requirements of § 264.196.
§ 264.192
Design and installation
			 of new tank systems or components
(a)
			 Owners or operators of new tank systems or components must obtain and submit to
			 the Director, at time of submittal of Part B information, a written assessment,
			 reviewed and certified by an
independent, qualified Arkansas-registered
			 professional engineer,
in accordance with § 270.11(d), attesting
			 that the tank system has sufficient structural integrity and is acceptable for
			 the storing and treating of hazardous waste. The assessment must show that the
			 foundation, structural support, seams, connections, and pressure controls (if
			 applicable) are adequately designed and that the tank system has sufficient
			 structural strength, compatibility with the waste(s) to be stored or treated,
			 and corrosion protection to ensure that it will not collapse, rupture, or fail.
			 This assessment, which will be used by the Director to review and approve or
			 disapprove the acceptability of the tank system design, must include, at a
			 minimum, the following information:
(1) Design
			 standard(s) according to which tank(s) and/or the ancillary equipment are
			 constructed;
(2) Hazardous
			 characteristics of the waste(s) to be handled;
(3) For new tank systems or components in
			 which the external shell of a metal tank or any external metal component of the
			 tank system will be in contact with the soil or with water, a determination by
			 a corrosion expert of:
(i) Factors affecting
			 the potential for corrosion, including but not limited to:
(A) Soil moisture content;
(B) Soil pH;
(C) Soil sulfides level;
(D) Soil resistivity;
(E) Structure to soil potential;
(F) Influence of nearby underground metal
			 structures (e.g., piping);
(G)
			 Existence of stray electric current;
(H) Existing corrosion-protection measures
			 (e.g., coating, cathodic protection), and
(ii) The type and degree of external
			 corrosion protection that are needed to ensure the integrity of the tank system
			 during the use of the tank system or component, consisting of one or more of
			 the following:
(A) Corrosion-resistant
			 materials of construction such as special alloys, fiberglass reinforced
			 plastic, etc.;
(B)
			 Corrosion-resistant coating (such as epoxy, fiberglass, etc.) with cathodic
			 protection (e.g., impressed current or sacrificial anodes); and
(C) Electrical isolation devices such as
			 insulating joints, flanges, etc.
[Note: The practices described in the National Association of
				Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85) - Control
				of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid
				Storage Systems," and the American Petroleum Institute (API) Publication 1632,
				"Cathodic Protection of Underground Petroleum Storage Tanks and Piping
				Systems," may be used, where applicable, as guidelines in providing corrosion
				protection for tank systems.]
(4) For underground tank system components
			 that are likely to be adversely affected by vehicular traffic, a determination
			 of design or operational measures that will protect the tank system against
			 potential damage; and
(5) Design
			 considerations to ensure that:
(i) Tank
			 foundations will maintain the load of a full tank;
(ii) Tank systems will be anchored to prevent
			 flotation or dislodgment where the tank system is placed in a saturated zone,
			 or is located within a seismic fault zone subject to the standards of §
			 264.18(a); and
(iii) Tank systems
			 will withstand the effects of frost heave.
(b) The owner or operator of a new tank
			 system must ensure that proper handling procedures are adhered to in order to
			 prevent damage to the system during installation. Prior to covering, enclosing,
			 or placing a new tank system or component in use, an independent, qualified
			 installation inspector or an independent, qualified, Arkansas-registered
			 professional engineer, either of whom is trained and experienced in the proper
			 installation of tank systems or components, must inspect the system for the
			 presence of any of the following items:
(1)
			 Weld breaks;
(2)
			 Punctures;
(3) Scrapes of
			 protective coatings;
(4)
			 Cracks;
(5) Corrosion;
(6) Other structural damage or inadequate
			 construction/installation.
All discrepancies must be remedied before the tank system is
				covered, enclosed, or placed in use.
(c) New tank systems or components that are
			 placed underground and that are backfilled must be provided with a backfill
			 material that is a noncorrosive, porous, homogeneous substance and that is
			 installed so that the backfill is placed completely around the tank and
			 compacted to ensure that the tank and piping are fully and uniformly
			 supported.
(d) All new tanks and
			 ancillary equipment must be tested for tightness prior to being covered,
			 enclosed, or placed in use. If a tank system is found not to be tight, all
			 repairs necessary to remedy the leak(s) in the system must be performed prior
			 to the tank system being covered, enclosed, or placed into use.
(e) Ancillary equipment must be supported and
			 protected against physical damage and excessive stress due to settlement,
			 vibration, expansion, or contraction.
[Note: The piping system installation procedures described in
				American Petroleum Institute (API) Publication 1615 (November 1979),
				"Installation of Underground Petroleum Storage Systems," or ANSI Standard
				B31.3, "Petroleum Refinery Piping," and ANSI Standard B31.4 "Liquid Petroleum
				Transportation Piping System," may be used, where applicable, as guidelines for
				proper installation of piping systems.]
(f) The owner or operator must provide the
			 type and degree of corrosion protection recommended by an independent corrosion
			 expert, based on the information provided under paragraph (a)(3) of this
			 section, or other corrosion protection if the Director believes other corrosion
			 protection is necessary to ensure the integrity of the tank system during use
			 of the tank system. The installation of a corrosion protection system that is
			 field fabricated must be supervised by an independent corrosion expert to
			 ensure proper installation.
(g) The
			 owner or operator must obtain and keep on file at the facility written
			 statements by those persons required to certify the design of the tank system
			 and supervise the installation of the tank system in accordance with the
			 requirements of paragraphs (b) through (f) of this section, that attest that
			 the tank system was properly designed and installed and that repairs, pursuant
			 to paragraphs (b) and (d) of this section, were performed. These written
			 statements must also include the certification statement as required in §
			 270.11(d) of this rule.
§
			 264.193
Containment and detection of releases
(a) In order to prevent the release of
			 hazardous waste or hazardous constituents to the environment, secondary
			 containment that meets the requirements of this section must be provided
			 (except as provided in paragraphs (f) and (g) of this section):
(1) For all new and existing tank systems or
			 components, prior to their being put into service;
(2) For tank systems that store or treat
			 materials that become hazardous wastes, within two years of the hazardous waste
			 listing, or when the tank system has reached 15 years of age, whichever comes
			 later.
(b) Secondary
			 containment systems must be:
(1) Designed,
			 installed, and operated to prevent any migration of wastes or accumulated
			 liquid out of the system to the soil, ground water, or surface water at any
			 time during the use of the tank system; and
(2) Capable of detecting and collecting
			 releases and accumulated liquids until the collected material is
			 removed.
(c) To meet the
			 requirements of paragraph (b) of this section, secondary containment systems
			 must be at a minimum:
(1) Constructed of or
			 lined with materials that are compatible with the wastes(s) to be placed in the
			 tank system and must have sufficient strength and thickness to prevent failure
			 owing to pressure gradients (including static head and external hydrological
			 forces), physical contact with the waste to which it is exposed, climatic
			 conditions, and the stress of daily operation (including stresses from nearby
			 vehicular traffic).
(2) Placed on a
			 foundation or base capable of providing support to the secondary containment
			 system, resistance to pressure gradients above and below the system, and
			 capable of preventing failure due to settlement, compression, or
			 uplift;
(3) Provided with a
			 leak-detection system that is designed and operated so that it will detect the
			 failure of either the primary or secondary containment structure or the
			 presence of any release of hazardous waste or accumulated liquid in the
			 secondary containment system within 24 hours, or at the earliest practicable
			 time if the owner or operator can demonstrate to the Director that existing
			 detection technologies or site conditions will not allow detection of a release
			 within 24 hours; and
(4) Sloped or
			 otherwise designed or operated to drain and remove liquids resulting from
			 leaks, spills, or precipitation. Spilled or leaked waste and accumulated
			 precipitation must be removed from the secondary containment system within 24
			 hours, or in as timely a manner as is possible to prevent harm to human health
			 and the environment, if the owner or operator can demonstrate to the Director
			 that removal of the released waste or accumulated precipitation cannot be
			 accomplished within 24 hours.
[Note: If the collected material is a hazardous waste under
				Section 261 of this rule, it is subject to management as a hazardous waste in
				accordance with all applicable requirements of sections 262 through 265of this
				rule. If the collected material is discharged through a point source to waters
				of the State, it is subject to the requirements of sections 301, 304, and 402
				of the Clean Water Act, as amended. If discharged to a Publicly Owned Treatment
				Works (POTW), it is subject to the requirements of section 307 of the Clean
				Water Act, as amended. If the collected material is released to the
				environment, it may be subject to the reporting requirements of 40 CFR part
				302.]
(d)
			 Secondary containment for tanks must include one or more of the following
			 devices:
(1) A liner (external to the
			 tank);
(2) A vault;
(3) A double-walled tank; or
(4) An equivalent device as approved by the
			 Director
(e) In addition
			 to the requirements of paragraphs (b), (c), and (d) of this section, secondary
			 containment systems must satisfy the following requirements:
(1) External liner systems must be:
(i) Designed or operated to contain 100
			 percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
			 or infiltration of precipitation into the secondary containment system unless
			 the collection system has sufficient excess capacity to contain run-on or
			 infiltration. Such additional capacity must be sufficient to contain
			 precipitation from a 25-year, 24-hour rainfall event.
(iii) Free of cracks or gaps; and
(iv) Designed and installed to surround the
			 tank completely and to cover all surrounding earth likely to come into contact
			 with the waste if the waste is released from the tank(s) (i.e., capable of
			 preventing lateral as well as vertical migration of the waste).
(2) Vault systems must
			 be:
(i) Designed or operated to contain 100
			 percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
			 or infiltration of precipitation into the secondary containment system unless
			 the collection system has sufficient excess capacity to contain run-on or
			 infiltration. Such additional capacity must be sufficient to contain
			 precipitation from a 25-year, 24-hour rainfall event:
(iii) Constructed with chemical-resistant
			 water stops in place at all joints (if any):
(iv) Provided with an impermeable interior
			 coating or lining that is compatible with the stored waste and that will
			 prevent migration of waste into the concrete;
(v) Provided with a means to protect against
			 the formation of and ignition of vapors within the vault, if the waste being
			 stored or treated:
(A) Meets the definition of
			 ignitable waste under § 261.21 of this rule; or
(B) Meets the definition of reactive waste
			 under § 261.23 of this rule, and may form an ignitable or explosive
			 vapor.
(vi) Provided
			 with an exterior moisture barrier or be otherwise designed or operated to
			 prevent migration of moisture into the vault if the vault is subject to
			 hydraulic pressure.
(3)
			 Double-walled tanks must be:
(i) Designed as
			 an integral structure (i.e., an inner tank completely enveloped within an outer
			 shell) so that any release from the inner tank is contained by the outer
			 shell.
(ii) Protected, if
			 constructed of metal, from both corrosion of the primary tank interior and of
			 the external surface of the outer shell: and
(iii) Provided with a built-in continuous
			 leak detection system capable of detecting a release within 24 hours, or at the
			 earliest practicable time, if the owner or operator can demonstrate to the
			 Director, and the Director concludes, that the existing detection technology or
			 site conditions would not allow detection of a release within 24 hours.
[Note: The provisions outlined in the Steel Tank Institute's
				(STI) "Standard for Dual Wall Underground Steel Storage Tanks" may be used as
				guidelines for aspects of the design of underground steel double-walled
				tanks.]
(f) Ancillary equipment must be provided with
			 secondary containment (e.g., trench, jacketing, double-walled piping) that
			 meets the requirements of paragraphs (b) and (c) of this section except for:
(1) Aboveground piping (exclusive of flanges,
			 joints, valves, and other connections) that are visually inspected for leaks on
			 a daily basis;
(2) Welded flanges,
			 welded joints, and welded connections, that are visually inspected for leaks on
			 a daily basis;
(3) Sealless or
			 magnetic coupling pumps and sealless valves, that are visually inspected for
			 leaks on a daily basis; and
(4)
			 Pressurized aboveground piping systems with automatic shut-off devices (e.g.,
			 excess flow check valves, flow metering shutdown devices, loss of pressure
			 actuated shut-off devices) that are visually inspected for leaks on a daily
			 basis.
(g) The owner or
			 operator may obtain a variance from the requirements of this section if the
			 Director finds, as a result of a demonstration by the owner or operator that
			 alternative design and operating practices, together with location
			 characteristics, will prevent the migration of any hazardous waste or hazardous
			 constituents into the ground water; or surface water at least as effectively as
			 secondary containment during the active life of the tank system or that in the
			 event of a release that does migrate to ground water or surface water, no
			 substantial present or potential hazard will be posed to human health or the
			 environment. New underground tank systems may not, per a demonstration in
			 accordance with paragraph (g)(2) of this section, be exempted from the
			 secondary containment requirements of this section.
(1) In deciding whether to grant a variance
			 based on a demonstration of equivalent protection of ground water and surface
			 water, the Director will consider:
(i) The
			 nature and quantity of the wastes;
(ii) The proposed alternate design and
			 operation;
(iii) The hydrogeologic
			 setting of the facility, including the thickness of soils present between the
			 tank system and ground water, and
(iv) All other factors that would influence
			 the quality and mobility of the hazardous constituents and the potential for
			 them to migrate to ground water or surface water
(2) In deciding whether to grant a variance
			 based on a demonstration of no substantial present or potential hazard, the
			 Director will consider:
(i) The potential
			 adverse effects on ground water, surface water, and land quality taking into
			 account:
(A) The physical and chemical
			 characteristics of the waste in the tank system, including its potential for
			 migration.
(B) The hydrogeological
			 characteristics of the facility and surrounding land,
(C) The potential for health risks caused by
			 human exposure to waste constituents,
(D) The potential for damage to wildlife,
			 crops, vegetation, and physical structures caused by exposure to waste
			 constituents, and
(E) The
			 persistence and permanence of the potential adverse effects;
(ii) The potential adverse effects
			 of a release on ground-water quality, taking into account:
(A) The quantity and quality of ground water
			 and the direction of ground-water flow,
(B) The proximity and withdrawal rates of
			 ground-water users,
(C) The current
			 and future uses of ground water in the area, and
(D) The existing quality of ground water,
			 including other sources of contamination and their cumulative impact on the
			 ground-water quality;
(iii) The potential adverse effects of a
			 release on surface water quality, taking into account:
(A) The quantity and quality of ground water
			 and the direction of ground-water flow,
(B) The patterns of rainfall in the
			 region,
(C) The proximity of the
			 tank system to surface waters,
(D)
			 The current and future uses of surface waters in the area and any water quality
			 standards established for those surface waters, and
(E) The existing quality of surface water,
			 including other sources of contamination and the cumulative impact on
			 surface-water quality; and
(iv) The potential adverse effects of a
			 release on the land surrounding the tank system, taking into account:
(A) The patterns of rainfall in the region,
			 and
(B) The current and future uses
			 of the surrounding land.
(3) The owner or operator of a tank system,
			 for which a variance from secondary containment had been granted in accordance
			 with the requirements of paragraph (g)(1) of this section, at which a release
			 of hazardous waste has occurred from the primary tank system but has not
			 migrated beyond the zone of engineering control (as established in the
			 variance), must:
(i) Comply with the
			 requirements of § 264.196, except paragraph (d), and
(ii) Decontaminate or remove contaminated
			 soil to the extent necessary to:
(A) Enable
			 the tank system for which the variance was granted to resume operation with the
			 capability for the detection of releases at least equivalent to the capability
			 it had prior to the release; and
(B) Prevent the migration of hazardous waste
			 or hazardous constituents to ground water or surface water; and
(iii) If contaminated
			 soil cannot be removed or decontaminated in accordance with paragraph
			 (g)(3)(ii) of this section, comply with the requirement of § 264.197(b).
(4) The owner or
			 operator of a tank system, for which a variance from secondary containment had
			 been granted in accordance with the requirements of paragraph (g)(1) of this
			 section, at which a release of hazardous waste has occurred from the primary
			 tank system and has migrated beyond the zone of engineering control (as
			 established in the variance), must:
(i) Comply
			 with the requirements of § 264.196 (a), (b), (c), and (d); and
(ii) Prevent the migration of hazardous waste
			 or hazardous constituents to ground water or surface water, if possible, and
			 decontaminate or remove contaminated soil. If contaminated soil cannot be
			 decontaminated or removed or if ground water has been contaminated, the owner
			 or operator must comply with the requirements of § 264.197(b);
			 and
(iii) If repairing, replacing,
			 or reinstalling the tank system, provide secondary containment in accordance
			 with the requirements of paragraphs (a) through (f) of this section or reapply
			 for a variance from secondary containment and meet the requirements for new
			 tank systems in § 264.192 if the tank system is replaced. The owner or
			 operator must comply with these requirements even if contaminated soil can be
			 decontaminated or removed and ground water or surface water has not been
			 contaminated.
(h) The following procedures must be followed
			 in order to request a variance from secondary containment:
(1) The Director must be notified in writing
			 by the owner or operator that he intends to conduct and submit a demonstration
			 for a variance from secondary containment as allowed in paragraph (g) of this
			 section according to the following schedule:
(i) For existing tank systems, at least 24
			 months prior to the date that secondary containment must be provided in
			 accordance with paragraph (a) of this section.
(ii) For new tank systems, at least 30 days
			 prior to entering into a contract for installation.
(2) As part of the notification, the owner or
			 operator must also submit to the Director a description of the steps necessary
			 to conduct the demonstration and a timetable for completing each of the steps.
			 The demonstration must address each of the factors listed in paragraph (g)(1)
			 or paragraph (g)(2) of this section;
(3) The demonstration for a variance must be
			 completed within 180 days after notifying the Director of an intent to conduct
			 the demonstration; and
(4) If a
			 variance is granted under this paragraph, the Director will require the
			 permittee to construct and operate the tank system in the manner that was
			 demonstrated to meet the requirements for the variance.
(i) All tank systems, until such time as
			 secondary containment that meets the requirements of this section is provided,
			 must comply with the following:
(1) For
			 non-enterable underground tanks, a leak test that meets the requirements of
			 § 264.191(b)(5) or other tank integrity method, as approved or required by
			 the Director, must be conducted at least annually.
(2) For other than non-enterable underground
			 tanks, the owner or operator must either conduct a leak test as in paragraph
			 (i)(1) of this section or develop a schedule and procedure for an assessment of
			 the overall condition of the tank system by an
independent, qualified
			 Arkansas-registered professional engineer.
The schedule and procedure
			 must be adequate to detect obvious cracks, leaks, and corrosion or erosion that
			 may lead to cracks and leaks. The owner or operator must remove the stored
			 waste from the tank, if necessary, to allow the condition of all internal tank
			 surfaces to be assessed. The frequency of these assessments must be based on
			 the material of construction of the tank and its ancillary equipment, the age
			 of the system, the type of corrosion or erosion protection used, the rate of
			 corrosion or erosion observed during the previous inspection, and the
			 characteristics of the waste being stored or treated.
(3) For ancillary equipment, a leak test or
			 other integrity assessment as approved by the Director must be conducted at
			 least annually.
[Note: The practices described in the American Petroleum
				Institute (API) Publication Guide for Inspection of Refinery Equipment, Chapter
				XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981, may be
				used, where applicable, as guidelines for assessing the overall condition of
				the tank system.]
(4) The
			 owner or operator must maintain on file at the facility a record of the results
			 of the assessments conducted in accordance with paragraphs (i)(1) through
			 (i)(3) of this section.
(5) If a
			 tank system or component is found to be leaking or unfit for use as a result of
			 the leak test or assessment in paragraphs (i)(1) through (i)(3) of this
			 section, the owner or operator must comply with the requirements of §
			 264.196.
§ 264.194
General operating
			 requirements
(a) Hazardous wastes or
			 treatment reagents must not be placed in a tank system if they could cause the
			 tank, its ancillary equipment, or the containment system to rupture, leak,
			 corrode, or otherwise fail.
(b) The
			 owner or operator must use appropriate controls and practices to prevent spills
			 and overflows from tank or containment systems. These include at a minimum:
(1) Spill prevention controls (e.g., check
			 valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level
			 sensing devices, high level alarms, automatic feed cutoff, or bypass to a
			 standby tank); and
(3) Maintenance
			 of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
			 wind action or by precipitation.
(c) The owner or operator must comply with
			 the requirements of § 264.196 if a leak or spill occurs in the tank
			 system.
§ 264.195
Inspections
(a) The owner or
			 operator must develop and follow a schedule and procedure for inspecting
			 overfill controls.
(b) The owner or
			 operator must inspect at least once each operating day data gathered from
			 monitoring and leak detection equipment (
e.g
., pressure or
			 temperature gauges, monitoring wells) to ensure that the tank system is being
			 operated according to its design:
[Note: Section 264.15(c) requires the owner or operator to
				remedy any deterioration or malfunction he finds. Section 264.196 requires the
				owner or operator to notify the Director within 24 hours of confirming a leak.
				Also, 40 CFR part 302 may require the owner or operator to notify the National
				Response Center of a release.]
(c) In addition, except as noted under
			 paragraph (d) of this section, the owner or operator must inspect at least once
			 each operating day:
(1) Above ground portions
			 of the tank system, if any, to detect corrosion or releases of waste.
(2) The construction materials and the area
			 immediately surrounding the externally accessible portion of the tank system,
			 including the secondary containment system (
e.g
., dikes) to
			 detect erosion or signs of releases of hazardous waste (
e.g
., wet spots, dead vegetation).
(d) Owners or operators of tank systems that
			 either use leak detection systems to alert facility personnel to leaks, or
			 implement established workplace practices to ensure leaks are promptly
			 identified, must inspect at least weekly those areas described in paragraphs
			 (c) (1) and (c)(2) of this section. Use of the alternate inspection schedule
			 must be documented in the facility's operating record. This documentation must
			 include a description of the established workplace practices at the
			 facility.
(e)
[Reserved]
(f) The
			 owner or operator must inspect cathodic protection systems, if present,
			 according to, at a minimum, the following schedule to ensure that they are
			 functioning properly:
(1) The proper
			 operation of the cathodic protection system must be confirmed within six months
			 after initial installation and annually thereafter; and
(2) All sources of impressed current must be
			 inspected and/or tested, as appropriate, at least bimonthly (i.e., every other
			 month).
[Note: The practices described in the National Association of
				Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85) - Control
				of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid
				Storage Systems," and the American Petroleum Institute (API) Publication 1632,
				"Cathodic Protection of Underground Petroleum Storage Tanks and Piping
				Systems," may be used, where applicable, as guidelines in maintaining and
				inspecting cathodic protection systems.]
(g) The owner or operator must document in
			 the operating record of the facility an inspection of those items in paragraphs
			 (a) through (c) of this section.
§ 264.196
Response to leaks or
			 spills and disposition of leaking or unfit-for-use tank systems
A tank system or secondary containment system from which there
				has been a leak or spill, or which is unfit for use, must be removed from
				service immediately, and the owner or operator must satisfy the following
				requirements:
(a) Cessation of use;
			 prevent flow or addition of wastes. The owner or operator must immediately stop
			 the flow of hazardous waste into the tank system or secondary containment
			 system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or
			 secondary containment system.
(1) If the
			 release was from the tank system, the owner/operator must, within 24 hours
			 after detection of the leak or, if the owner/operator demonstrates that it is
			 not possible, at the earliest practicable time, remove as much of the waste as
			 is necessary to prevent further release of hazardous waste to the environment
			 and to allow inspection and repair of the tank system to be
			 performed.
(2) If the material
			 released was to a secondary containment system, all released materials must be
			 removed within 24 hours or in as timely a manner as is possible to prevent harm
			 to human health and the environment.
(c) Containment of visible releases to the
			 environment. The owner/operator must immediately conduct a visual inspection of
			 the release and, based upon that inspection:
(1) Prevent further migration of the leak or
			 spill to soils or surface water; and
(2) Remove, and properly dispose of, any
			 visible contamination of the soil or surface water.
(d) Notifications, reports.
(1) Any release to the environment, except as
			 provided in paragraph (d)(2) of this section, must be reported to the Director
			 within 24 hours of its detection. If the release has been reported pursuant to
			 40 CFR part 302, that report will satisfy this requirement.
(2) A leak or spill of hazardous waste is
			 exempted from the requirements of this paragraph if it is:
(i) Less than or equal to a quantity of one
			 (1) pound, and
(ii) Immediately
			 contained and cleaned up.
(3) Within 30 days of detection of a release
			 to the environment, a report containing the following information must be
			 submitted to the Director:
(i) Likely route
			 of migration of the release;
(ii)
			 Characteristics of the surrounding soil (soil composition, geology,
			 hydrogeology, climate);
(iii)
			 Results of any monitoring or sampling conducted in connection with the release
			 (if available). If sampling or monitoring data relating to the release are not
			 available within 30 days, these data must be submitted to the Director as soon
			 as they become available.
(iv)
			 Proximity to downgradient drinking water, surface water, and populated areas;
			 and
(v) Description of response
			 actions taken or planned.
(e) Provision of secondary containment,
			 repair, or closure.
(1) Unless the
			 owner/operator satisfies the requirements of paragraphs (e)(2) through (4) of
			 this section, the tank system must be closed in accordance with §
			 264.197.
(2) If the cause of the
			 release was a spill that has not damaged the integrity of the system, the
			 owner/operator may return the system to service as soon as the released waste
			 is removed and repairs, if necessary, are made.
(3) If the cause of the release was a leak
			 from the primary tank system into the secondary containment system, the system
			 must be repaired prior to returning the tank system to service.
(4) If the source of the release was a leak
			 to the environment from a component of a tank system without secondary
			 containment, the owner/operator must provide the component of the system from
			 which the leak occurred with secondary containment that satisfies the
			 requirements of § 264.193 before it can be returned to service, unless the
			 source of the leak is an aboveground portion of a tank system that can be
			 inspected visually. If the source is an aboveground component that can be
			 inspected visually, the component must be repaired and may be returned to
			 service without secondary containment as long as the requirements of paragraph
			 (f) of this section are satisfied. If a component is replaced to comply with
			 the requirements of this subparagraph, that component must satisfy the
			 requirements for new tank systems or components in §§ 264.192 and
			 264.193. Additionally, if a leak has occurred in any portion of a tank system
			 component that is not readily accessible for visual inspection (e.g., the
			 bottom of an inground or onground tank), the entire component must be provided
			 with secondary containment in accordance with § 264.193 prior to being
			 returned to use. (f) Certification of major repairs. If the owner/operator has
			 repaired a tank system in accordance with paragraph (e) of this section, and
			 the repair has been extensive (e.g., installation of an internal liner; repair
			 of a ruptured primary containment or secondary containment vessel), the tank
			 system must not be returned to service unless the owner/operator has obtained a
			 certification by an independent, qualified, registered, professional engineer
			 in accordance with § 270.11(d) that the repaired system is capable of
			 handling hazardous wastes without release for the intended life of the system.
			 This certification must be submitted to the Director within seven days after
			 returning the tank system to use.
[Note: The Director may, on the basis of any information
				received that there is or has been a release of hazardous waste, hazardous
				constituents, and/or hazardous substances into the environment, issue an order
				under the Arkansas Remedial Action Trust Fund Act (A.C.A. §§ 8-7-501
et seq
.) requiring corrective action or such other response
				as deemed necessary to protect human health or the environment.]
[Note: See § 264.15(c) for the requirements necessary to
				remedy a failure. Also, 40 CFR part 302 may require the owner or operator to
				notify the National Response Center of certain releases.]
§
			 264.197
Closure and post-closure care
(a) At closure of a tank system, the owner or
			 operator must remove or decontaminate all waste residues, contaminated
			 containment system components (liners, etc.), contaminated soils, and
			 structures and equipment contaminated with waste, and manage them as hazardous
			 waste, unless § 261.3(d) of this rule applies. The closure plan, closure
			 activities, cost estimates for closure, and financial responsibility for tank
			 systems must meet all of the requirements specified in Subsections G and H of
			 this part.
(b) If the owner or
			 operator demonstrates that not all contaminated soils can be practicably
			 removed or decontaminated as required in paragraph (a) of this section, then
			 the owner or operator must close the tank system and perform post-closure care
			 in accordance with the closure and post-closure care requirements that apply to
			 landfills (§ 264.310). In addition, for the purposes of closure,
			 post-closure, and financial responsibility, such a tank system is then
			 considered to be a landfill, and the owner or operator must meet all of the
			 requirements for landfills specified in Subsections G and H of this
			 part.
(c) If an owner or operator
			 has a tank system that does not have secondary containment that meets the
			 requirements of § 264.193 (b) through (f) and has not been granted a
			 variance from the secondary containment requirements in accordance with §
			 264.193(g), then:
(1) The closure plan for
			 the tank system must include both a plan for complying with paragraph (a) of
			 this section and a contingent plan for complying with paragraph (b) of this
			 section.
(2) A contingent
			 post-closure plan for complying with paragraph (b) of this section must be
			 prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure
			 and post-closure care must reflect the costs of complying with the contingent
			 closure plan and the contingent post-closure plan, if those costs are greater
			 than the costs of complying with the closure plan prepared for the expected
			 closure under paragraph (a) of this section.
(4) Financial assurance must be based on the
			 cost estimates in paragraph (c)(3) of this section.
(5) For the purposes of the contingent
			 closure and post-closure plans, such a tank system is considered to be a
			 landfill, and the contingent plans must meet all of the closure, post-closure,
			 and financial responsibility requirements for landfills under Subsections G and
			 H of this section.
§
			 264.198
Special requirements for ignitable or reactive
			 wastes
(a) Ignitable or reactive waste
			 must not be placed in tank systems, unless:
(1) The waste is treated, rendered, or mixed
			 before or immediately after placement in the tank system so that:
(i) The resulting waste, mixture, or
			 dissolved material no longer meets the definition of ignitable or reactive
			 waste under §§ 261.21 or 261.23 of this rule, and
(ii) Section 264.17(b) is complied with; or
(2) The waste is stored
			 or treated in such a way that it is protected from any material or conditions
			 that may cause the waste to ignite or react; or
(3) The tank system is used solely for
			 emergencies.
(b) The
			 owner or operator of a facility where ignitable or reactive waste is stored or
			 treated in a tank must comply with the requirements for the maintenance of
			 protective distances between the waste management area and any public ways,
			 streets, alleys, or an adjoining property line that can be built upon as
			 required in Tables 2-1 through 2-6 of the National Fire Protection
			 Association's "Flammable and Combustible Liquids Code," (1977 or 1981),
			 (incorporated by reference, see § 260.11).
§ 264.199
Special requirements for
			 incompatible wastes
(a) Incompatible
			 wastes, or incompatible wastes and materials, must not be placed in the same
			 tank system, unless § 264.17(b) is complied with.
(b) Hazardous waste must not be placed in a
			 tank system that has not been decontaminated and that previously held an
			 incompatible waste or material, unless § 264.17(b) is complied with.
§ 264.200
Air emission standards
The owner or operator shall manage all hazardous waste placed
				in a tank in accordance with the requirements of subsections AA, BB, and CC of
				this Section.
Subsection
			 K
-- Surface Impoundments
§
			 264.220
Applicability
The rules in this Subsection apply to owners and operators of
				facilities that use surface impoundments to treat, store, or dispose of
				hazardous waste except as § 264.1 provides otherwise.
§ 264.221
Design and operating
			 requirements
(a) Any surface
			 impoundment that is not covered by paragraph (c) of this section or §
			 265.221 of this rule must have a liner for all portions of the impoundment
			 (except for existing portions of such impoundments). The liner must be
			 designed, constructed, and installed to prevent any migration of wastes out of
			 the impoundment to the adjacent subsurface soil or ground water or surface
			 water at any time during the active life (including the closure period) of the
			 impoundment. The liner may be constructed of materials that may allow wastes to
			 migrate into the liner (but not into the adjacent subsurface soil or ground
			 water or surface water) during the active life of the facility, provided that
			 the impoundment is closed in accordance with § 264.228(a)(1). For
			 impoundments that will be closed in accordance with § 264.228(a)(2), the
			 liner must be constructed of materials that can prevent wastes from migrating
			 into the liner during the active life of the facility. The liner must be:
(1) Constructed of materials that have
			 appropriate chemical properties and sufficient strength and thickness to
			 prevent failure due to pressure gradients (including static head and external
			 hydrogeologic forces), physical contact with the waste or leachate to which
			 they are exposed, climatic conditions, the stress of installation, and the
			 stress of daily operation;
(2)
			 Placed upon a foundation or base capable of providing support to the liner and
			 resistance to pressure gradients above and below the liner to prevent failure
			 of the liner due to settlement, compression, or uplift; and
(3) Installed to cover all surrounding earth
			 likely to be in contact with the waste or leachate.
(b) The owner or operator will be exempted
			 from the requirements of paragraph (a) of this section if the Director finds,
			 based on a demonstration by the owner or operator, that alternate design and
			 operating practices, together with location characteristics, will prevent the
			 migration of any hazardous constituents (see § 264.93) into the ground
			 water or surface water at any future time. In deciding whether to grant an
			 exemption, the Director will consider:
(1)
			 The nature and quantity of the wastes;
(2) The proposed alternate design and
			 operation;
(3) The hydrogeologic
			 setting of the facility, including the attenuative capacity and thickness of
			 the liners and soils present between the impoundment and ground water or
			 surface water; and
(4) All other
			 factors which would influence the quality and mobility of the leachate produced
			 and the potential for it to migrate to ground water or surface
			 water.
(c) The owner or
			 operator of each new surface impoundment unit on which construction commences
			 after January 29, 1992, each lateral expansion of a surface impoundment unit on
			 which construction commences after July 29, 1992 and each replacement of an
			 existing surface impoundment unit that is to commence reuse after July 29, 1992
			 must install two or more liners and a leachate collection and removal system
			 between such liners. "Construction commences" is as defined in § 260.10 of
			 this rule under "existing facility".
(1)
(i) The liner system must include:
(A) A top liner designed and constructed of
			 materials (e.g., a geomembrane) to prevent the migration of hazardous
			 constituents into such liner during the active life and post-closure care
			 period; and
(B) A composite bottom
			 liner, consisting of at least two components. The upper component must be
			 designed and constructed of materials (e.g., a geomembrane) to prevent the
			 migration of hazardous constituents into this component during the active life
			 and post-closure care period. The lower component must be designed and
			 constructed of materials to minimize the migration of hazardous constituents if
			 a breach in the upper component were to occur. The lower component must be
			 constructed of at least 3 feet (91 cm) of compacted soil material with a
			 hydraulic conductivity of no more than 1x10- 7
			 cm/sec.
(ii) The liners
			 must comply with paragraphs (a) (1), (2), and (3) of this section.
(2) The leachate
			 collection and removal system between the liners, and immediately above the
			 bottom composite liner in the case of multiple leachate collection and removal
			 systems, is also a leak detection system. This leak detection system must be
			 capable of detecting, collecting, and removing leaks of hazardous constituents
			 at the earliest practicable time through all areas of the top liner likely to
			 be exposed to waste or leachate during the active life and post-closure care
			 period. The requirements for a leak detection system in this paragraph are
			 satisfied by installation of a system that is, at a minimum:
(i) Constructed with a bottom slope of one
			 percent or more;
(ii) Constructed
			 of granular drainage materials with a hydraulic conductivity of
			 1X10- 2 cm/sec or more and a thickness of 12 inches
			 (30.5 cm) or more; or constructed of synthetic or geonet drainage materials
			 with a transmissivity of 3x10-5
			 m2/sec or more:
(iii) Constructed of materials that are
			 chemically resistant to the waste managed in the surface impoundment and the
			 leachate expected to be generated, and of sufficient strength and thickness to
			 prevent collapse under the pressures exerted by overlying wastes and any waste
			 cover materials or equipment used at the surface impoundment;
(iv) Designed and operated to minimize
			 clogging during the active life and post-closure care period; and
(v) Constructed with sumps and liquid removal
			 methods (e.g., pumps) of sufficient size to collect and remove liquids from the
			 sump and prevent liquids from backing up into the drainage layer. Each unit
			 must have its own sump(s). The design of each sump and removal system must
			 provide a method for measuring and recording the volume of liquids present in
			 the sump and of liquids removed.
(3) The owner or operator shall collect and
			 remove pumpable liquids in the sumps to minimize the head on the bottom
			 liner.
(4) The owner or operator of
			 a leak detection system that is not located completely above the seasonal high
			 water table must demonstrate that the operation of the leak detection system
			 will not be adversely affected by the presence of ground
			 water.
(d) The Director
			 may approve alternative design or operating practices to those specified in
			 paragraph (c) of this section if the owner or operator demonstrates to the
			 Director that such design and operating practices, together with location
			 characteristics:
(1) Will prevent the
			 migration of any hazardous constituent into the ground water or surface water
			 at least as effectively as the liners and leachate collection and removal
			 system specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of
			 hazardous constituents through the top liner at least as
			 effectively.
(e) The
			 double liner requirement set forth in paragraph (c) of this section may be
			 waived by the Director for any monofill, if:
(1) The monofill contains only hazardous
			 wastes from foundry furnace emission controls or metal casting molding sand,
			 and such wastes do not contain constituents which would render the wastes
			 hazardous for reasons other than the toxicity characteristic in § 261.24
			 of this rule; and
(2)
(i)
(A) The
			 monofill has at least one liner for which there is no evidence that such liner
			 is leaking. For the purposes of this paragraph, the term "liner" means a liner
			 designed, constructed, installed, and operated to prevent hazardous waste from
			 passing into the liner at any time during the active life of the facility, or a
			 liner designed, constructed, installed, and operated to prevent hazardous waste
			 from migrating beyond the liner to adjacent subsurface soil, ground water, or
			 surface water at any time during the active life of the facility. In the case
			 of any surface impoundment which has been exempted from the requirements of
			 paragraph (c) of this section on the basis of a liner designed, constructed,
			 installed, and operated to prevent hazardous waste from passing beyond the
			 liner, at the closure of such impoundment, the owner or operator must remove or
			 decontaminate all waste residues, all contaminated liner material, and
			 contaminated soil to the extent practicable. If all contaminated soil is not
			 removed or decontaminated, the owner or operator of such impoundment will
			 comply with appropriate post-closure requirements, including but not limited to
			 ground-water monitoring and corrective action;
(B) The monofill is located more than
			 one-quarter mile from an "underground source of drinking water" (as that term
			 is defined in APC&EC Rule 23 § 270.2); and
(C) The monofill is in compliance with
			 generally applicable ground-water monitoring requirements for facilities with
			 permits under RCRA section 3005(c); or
(ii) The owner or operator demonstrates that
			 the monofill is located, designed and operated so as to assure that there will
			 be no migration of any hazardous constituent into ground water or surface water
			 at any future time.
(f) The owner or operator of any replacement
			 surface impoundment unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in
			 compliance with the design standards of sections 3004 (o)(1)(A)(i) and (o)(5)
			 of the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the
			 liner is not functioning as designed.
(g) A surface impoundment must be designed,
			 constructed, maintained, and operated to prevent overtopping resulting from
			 normal or abnormal operations; overfilling; wind and wave action; rainfall;
			 run-on; malfunctions of level controllers, alarms, and other equipment; and
			 human error.
(h) A surface
			 impoundment must have dikes that are designed, constructed, and maintained with
			 sufficient structural integrity to prevent massive failure of the dikes. In
			 ensuring structural integrity, it must not be presumed that the liner system
			 will function without leakage during the active life of the unit.
(i) The Director will specify in the permit
			 all design and operating practices that are necessary to ensure that the
			 requirements of this section are satisfied.
§ 264.222
Action leakage
			 rate
(a) The Director shall approve an
			 action leakage rate for surface impoundment units subject to § 264.221 (c)
			 or (d). The action leakage rate is the maximum design flow rate that the leak
			 detection system (LDS) can remove without the fluid head on the bottom liner
			 exceeding 1 foot. The action leakage rate must include an adequate safety
			 margin to allow for uncertainties in the design (e.g., slope, hydraulic
			 conductivity, thickness of drainage material), construction, operation, and
			 location of the LDS, waste and leachate characteristics, likelihood and amounts
			 of other sources of liquids in the LDS, and proposed response actions (e.g.,
			 the action leakage rate must consider decreases in the flow capacity of the
			 system over time resulting from siltation and clogging, rib layover and creep
			 of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate
			 has been exceeded, the owner or operator must convert the weekly or monthly
			 flow rate from the monitoring data obtained under § 264.226(d) to an
			 average daily flow rate (gallons per acre per day) for each sump. Unless the
			 Director approves a different calculation, the average daily flow rate for each
			 sump must be calculated weekly during the active life and closure period, and
			 if the unit is closed in accordance with § 264.228(b), monthly during the
			 post-closure care period when monthly monitoring is required under §
			 264.226(d).
§
			 264.223
Response actions
(a) The owner or operator of surface
			 impoundment units subject to § 264.221 (c) or (d) must have an approved
			 response action plan before receipt of waste. The response action plan must set
			 forth the actions to be taken if the action leakage rate has been exceeded. At
			 a minimum, the response action plan must describe the actions specified in
			 paragraph (b) of this section.
(b)
			 If the flow rate into the leak detection system exceeds the action leakage rate
			 for any sump, the owner or operator must:
(1)
			 Notify the Director in writing of the exceedance within 7 days of the
			 determination;
(2) Submit a
			 preliminary written assessment to the Director within 14 days of the
			 determination, as to the amount of liquids, likely sources of liquids, possible
			 location, size, and cause of any leaks, and short-term actions taken and
			 planned;
(3) Determine to the
			 extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should
			 cease or be curtailed, whether any waste should be removed from the unit for
			 inspection, repairs, or controls, and whether or not the unit should be
			 closed;
(5) Determine any other
			 short-term and longer-term actions to be taken to mitigate or stop any leaks;
			 and
(6) Within 30 days after the
			 notification that the action leakage rate has been exceeded, submit to the
			 Director the results of the analyses specified in paragraphs (b) (3), (4), and
			 (5) of this section, the results of actions taken, and actions planned. Monthly
			 thereafter, as long as the flow rate in the leak detection system exceeds the
			 action leakage rate, the owner or operator must submit to the Director a report
			 summarizing the results of any remedial actions taken and actions
			 planned.
(c) To make the
			 leak and/or remediation determinations in paragraphs (b) (3), (4), and (5) of
			 this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
			 of liquids by source,
(ii) Conduct
			 a fingerprint, hazardous constituent, or other analyses of the liquids in the
			 leak detection system to identify the source of liquids and possible location
			 of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
			 terms of potential for escaping into the environment; or (2) Document why such
			 assessments are not needed.
§§ 264.224
-- 264.225
			 [Reserved]
§ 264.226
Monitoring and inspection
(a)
			 During construction and installation, liners (except in the case of existing
			 portions of surface impoundments exempt from § 264.221(a)) and cover
			 systems (e.g., membranes, sheets, or coatings) must be inspected for
			 uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or
			 foreign materials). Immediately after construction or installation:
(1) Synthetic liners and covers must be
			 inspected to ensure tight seams and joints and the absence of tears, punctures,
			 or blisters; and
(2) Soil-based and
			 admixed liners and covers must be inspected for imperfections including lenses,
			 cracks, channels, root holes, or other structural non-uniformities that may
			 cause an increase in the permeability of the liner or
			 cover.
(b) While a
			 surface impoundment is in operation, it must be inspected weekly and after
			 storms to detect evidence of any of the following:
(1) Deterioration, malfunctions, or improper
			 operation of overtopping control systems;
(2) Sudden drops in the level of the
			 impoundment's contents; and
(3)
			 Severe erosion or other signs of deterioration in dikes or other containment
			 devices.
(c) Prior to the
			 issuance of a permit, and after any extended period of time (at least six
			 months) during which the impoundment was not in service, the owner or operator
			 must obtain a certification from a qualified engineer that the impoundment's
			 dike, including that portion of any dike which provides freeboard, has
			 structural integrity. The certification must establish, in particular, that the
			 dike:
(1) Will withstand the stress of the
			 pressure exerted by the types and amounts of wastes to be placed in the
			 impoundment; and
(2) Will not fail
			 due to scouring or piping, without dependence on any liner system included in
			 the surface impoundment construction.
(d)
(1) An
			 owner or operator required to have a leak detection system under § 264.221
			 (c) or (d) must record the amount of liquids removed from each leak detection
			 system sump at least once each week during the active life and closure
			 period.
(2) After the final cover
			 is installed, the amount of liquids removed from each leak detection system
			 sump must be recorded at least monthly. If the liquid level in the sump stays
			 below the pump operating level for two consecutive months, the amount of
			 liquids in the sumps must be recorded at least quarterly. If the liquid level
			 in the sump stays below the pump operating level for two consecutive quarters,
			 the amount of liquids in the sumps must be recorded at least semi-annually. If
			 at any time during the post-closure care period the pump operating level is
			 exceeded at units on quarterly or semi-annual recording schedules, the owner or
			 operator must return to monthly recording of amounts of liquids removed from
			 each sump until the liquid level again stays below the pump operating level for
			 two consecutive months.
(3) "Pump
			 operating level" is a liquid level proposed by the owner or operator and
			 approved by the Director based on pump activation level, sump dimensions, and
			 level that avoids backup into the drainage layer and minimizes head in the
			 sump.
§
			 264.227
Emergency repairs; contingency plans
(a) A surface impoundment must be removed
			 from service in accordance with paragraph (b) of this section when:
(1) The level of liquids in the impoundment
			 suddenly drops and the drop is not known to be caused by changes in the flows
			 into or out of the impoundment; or
(2) The dike leaks.
(b) When a surface impoundment must be
			 removed from service as required by paragraph (a) of this section, the owner or
			 operator must:
(1) Immediately shut off the
			 flow or stop the addition of wastes into the impoundment;
(2) Immediately contain any surface leakage
			 which has occurred or is occurring;
(3) Immediately stop the leak;
(4) Take any other necessary steps to stop or
			 prevent catastrophic failure;
(5)
			 If a leak cannot be stopped by any other means, empty the impoundment;
			 and
(6) Notify the Director of the
			 problem in writing within seven days after detecting the
			 problem.
(c) As part of
			 the contingency plan required in Subsection D of this section, the owner or
			 operator must specify a procedure for complying with the requirements of
			 paragraph (b) of this section.
(d)
			 No surface impoundment that has been removed from service in accordance with
			 the requirements of this section may be restored to service unless the portion
			 of the impoundment which was failing is repaired and the following steps are
			 taken:
(1) If the impoundment was removed
			 from service as the result of actual or imminent dike failure, the dike's
			 structural integrity must be recertified in accordance with §
			 264.226(c).
(2) If the impoundment
			 was removed from service as the result of a sudden drop in the liquid level,
			 then:
(i) For any existing portion of the
			 impoundment, a liner must be installed in compliance with § 264.221(a);
			 and
(ii) For any other portion of
			 the impoundment, the repaired liner system must be certified by a qualified
			 engineer as meeting the design specifications approved in the permit.
(e) A surface
			 impoundment that has been removed from service in accordance with the
			 requirements of this section and that is not being repaired must be closed in
			 accordance with the provisions of § 264.228.
§ 264.228
Closure and post-closure
			 care
(a) At closure, the owner or
			 operator must:
(1) Remove or decontaminate
			 all waste residues, contaminated containment system components (liners, etc.),
			 contaminated subsoils, and structures and equipment contaminated with waste and
			 leachate, and manage them as hazardous waste unless § 261.3(d) of this
			 rule applies; or
(2)
(i) Eliminate free liquids by removing liquid
			 wastes or solidifying the remaining wastes and waste residues;
(ii) Stabilize remaining wastes to a bearing
			 capacity sufficient to support final cover;
and
(iii)
			 Cover the surface impoundment with a final cover designed and constructed to:
(A) Provide long-term minimization of the
			 migration of liquids through the closed impoundment;
(B) Function with minimum
			 maintenance;
(C) Promote drainage
			 and minimize erosion or abrasion of the final cover;
(D) Accommodate settling and subsidence so
			 that the cover's integrity is maintained; and
(E) Have a permeability less than or equal to
			 the permeability of any bottom liner system or natural subsoils present.
(b)
			 If some waste residues or contaminated materials are left in place at final
			 closure, the owner or operator must comply with all post-closure requirements
			 contained in §§ 264.117 through 264.120, including maintenance and
			 monitoring throughout the post-closure care period (specified in the permit
			 under § 264.117). The owner or operator must:
(1) Maintain the integrity and effectiveness
			 of the final cover, including making repairs to the cap as necessary to correct
			 the effects of settling, subsidence, erosion, or other events;
(2) Maintain and monitor the leak detection
			 system in accordance with §§ 264.221(c)(2)(iv) and (3) and
			 264.226(d), and comply with all other applicable leak detection system
			 requirements of this part;
(3)
			 Maintain and monitor the ground-water monitoring system and comply with all
			 other applicable requirements of Subsection F of this part; and
(4) Prevent run-on and run-off from eroding
			 or otherwise damaging the final cover. (c)(1) If an owner or operator plans to
			 close a surface impoundment in accordance with paragraph (a)(1) of this
			 section, and the impoundment does not comply with the liner requirements of
			 § 264.221(a) and is not exempt from them in accordance with §
			 264.221(b), then:
(i) The closure plan for the
			 impoundment under § 264.112 must include both a plan for complying with
			 paragraph (a)(1) of this section and a contingent plan for complying with
			 paragraph (a)(2) of this section in case not all contaminated subsoils can be
			 practicably removed at closure; and
(ii) The owner or operator must prepare a
			 contingent post-closure plan under § 264.118 for complying with paragraph
			 (b) of this section in case not all contaminated subsoils can be practicably
			 removed at closure. (2) The cost estimates calculated under §§
			 264.142 and 264.144 for closure and post-closure care of an impoundment subject
			 to this paragraph must include the cost of complying with the contingent
			 closure plan and the contingent post-closure plan, but are not required to
			 include the cost of expected closure under paragraph (a)(1) of this section.
§
			 264.229
Special requirements for ignitable or reactive
			 wastes
Ignitable or reactive waste must not be placed in a surface
				impoundment, unless the waste and impoundment satisfy all applicable
				requirements of § 268 and 40 CFR Part 268, and:
(a) The waste is treated, rendered, or mixed
			 before or immediately after placement in the impoundment so that:
(1) The resulting waste, mixture, or
			 dissolution of material no longer meets the definition of ignitable or reactive
			 waste under § 261.21 or § 261.23 of this rule; and
(2) Section 264.17(b) is complied with;
			 or
(b) The waste is
			 managed in such a way that it is protected from any material or conditions
			 which may cause it to ignite or react; or
(c) The surface impoundment is used solely
			 for emergencies.
§
			 264.230
Special requirements for incompatible wastes
Incompatible wastes, or incompatible wastes and materials, (see
				Appendix V of this Section for examples) must not be placed in the same surface
				impoundment, unless § 264.17(b) is complied with.
§ 264.231
Special requirements for
			 hazardous wastes F020, F021, F022, F023, F026, and F027
(a) Hazardous Wastes F020, F021, F022, F023,
			 F026, and F027 must not be placed in a surface impoundment unless the owner or
			 operator operates the surface impoundment in accordance with a management plan
			 for these wastes that is approved by the Director pursuant to the standards set
			 out in this paragraph, and in accord with all other applicable requirements of
			 this part. The factors to be considered are:
(1) The volume, physical, and chemical
			 characteristics of the wastes, including their potential to migrate through
			 soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
			 and surrounding soils or other materials;
(3) The mobilizing properties of other
			 materials co-disposed with these wastes; and
(4) The effectiveness of additional
			 treatment, design, or monitoring techniques.
(b) The Director may determine that
			 additional design, operating, and monitoring requirements are necessary for
			 surface impoundments managing hazardous wastes F020, F021, F022, F023, F026,
			 and F027 in order to reduce the possibility of migration of these wastes to
			 ground water, surface water, or air so as to protect human health and the
			 environment.
§
			 264.232
Air emission standards
The owner or operator shall manage all hazardous waste placed
				in a surface impoundment in accordance with the requirements of subsections BB
				and CC of this Section.
Subsection L
-- Waste Piles
§ 264.250
Applicability
(a) The rules in this Subsection apply to
			 owners and operators of facilities that store or treat hazardous waste in
			 piles, except as § 264.1 provides otherwise.
(b) The rules in this Subsection do not apply
			 to owners or operators of waste piles that are closed with wastes left in
			 place. Such waste piles are subject to regulation under Subsection N of this
			 section (Landfills).
(c) The owner
			 or operator of any waste pile that is inside or under a structure that provides
			 protection from precipitation so that neither run-off nor leachate is generated
			 is not subject to regulation under § 264.251 or under Subsection F of this
			 section, provided that:
(1) Liquids or
			 materials containing free liquids are not placed in the pile;
(2) The pile is protected from surface water
			 run-on by the structure or in some other manner;
(3) The pile is designed and operated to
			 control dispersal of the waste by wind, where necessary, by means other than
			 wetting; and
(4) The pile will not
			 generate leachate through decomposition or other
			 reactions.
§
			 264.251
Design and operating requirements
(a) A waste pile (except for an existing
			 portion of a waste pile) must have:
(1) A
			 liner that is designed, constructed, and installed to prevent any migration of
			 wastes out of the pile into the adjacent subsurface soil or ground water or
			 surface water at any time during the active life (including the closure period)
			 of the waste pile. The liner may be constructed of materials that may allow
			 waste to migrate into the liner itself (but not into the adjacent subsurface
			 soil or ground water or surface water) during the active life of the facility.
			 The liner must be:
(i) Constructed of
			 materials that have appropriate chemical properties and sufficient strength and
			 thickness to prevent failure due to pressure gradients (including static head
			 and external hydrogeologic forces), physical contact with the waste or leachate
			 to which they are exposed, climatic conditions, the stress of installation, and
			 the stress of daily operation;
(ii)
			 Placed upon a foundation or base capable of providing support to the liner and
			 resistance to pressure gradients above and below the liner to prevent failure
			 of the liner due to settlement, compression, or uplift; and
(iii) Installed to cover all surrounding
			 earth likely to be in contact with the waste or leachate; and
(2) A leachate
			 collection and removal system immediately above the liner that is designed,
			 constructed, maintained, and operated to collect and remove leachate from the
			 pile. The Director will specify design and operating conditions in the permit
			 to ensure that the leachate depth over the liner does not exceed 30 cm (one
			 foot). The leachate collection and removal system must be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed
			 in the pile and the leachate expected to be generated; and
(B) Of sufficient strength and thickness to
			 prevent collapse under the pressures exerted by overlaying wastes, waste cover
			 materials, and by any equipment used at the pile; and
(ii) Designed and operated to function
			 without clogging through the scheduled closure of the waste pile.
(b) The owner
			 or operator will be exempted from the requirements of paragraph (a) of this
			 section, if the Director finds, based on a demonstration by the owner or
			 operator, that alternate design and operating practices, together with location
			 characteristics, will prevent the migration of any hazardous constituents (see
			 § 264.93) into the ground water or surface water at any future time. In
			 deciding whether to grant an exemption, the Director will consider:
(1) The nature and quantity of the
			 wastes;
(2) The proposed alternate
			 design and operation;
(3) The
			 hydrogeologic setting of the facility, including attenuative capacity and
			 thickness of the liners and soils present between the pile and ground water or
			 surface water; and
(4) All other
			 factors which would influence the quality and mobility of the leachate produced
			 and the potential for it to migrate to ground water or surface water.
(c) The owner or
			 operator of each new waste pile unit, each lateral expansion of a waste pile
			 unit, and each replacement of an existing waste pile unit must install two or
			 more liners and a leachate collection and removal system above and between such
			 liners.
(1)
(i) The liner system must include:
(A) A top liner designed and constructed of
			 materials (e.g., a geomembrane) to prevent the migration of hazardous
			 constituents into such liner during the active life and post-closure care
			 period; and
(B) A composite bottom
			 liner, consisting of at least two components. The upper component must be
			 designed and constructed of materials (e.g., a geomembrane) to prevent the
			 migration of hazardous constituents into this component during the active life
			 and post-closure care period. The lower component must be designed and
			 constructed of materials to minimize the migration of hazardous constituents if
			 a breach in the upper component were to occur. The lower component must be
			 constructed of at least 3 feet (91 cm) of compacted soil material with a
			 hydraulic conductivity of no more than 1X10- 7 cm/sec.
(ii) The liners must comply with paragraphs
			 (a)(1)(i), (ii), and (iii) of this section.
(2) The leachate collection and removal
			 system immediately above the top liner must be designed, constructed, operated,
			 and maintained to collect and remove leachate from the waste pile during the
			 active life and post-closure care period. The Director will specify design and
			 operating conditions in the permit to ensure that the leachate depth over the
			 liner does not exceed 30 cm (one foot). The leachate collection and removal
			 system must comply with paragraphs (c)(3)(iii) and (iv) of this
			 section.
(3) The leachate
			 collection and removal system between the liners, and immediately above the
			 bottom composite liner in the case of multiple leachate collection and removal
			 systems, is also a leak detection system. This leak detection system must be
			 capable of detecting, collecting, and removing leaks of hazardous constituents
			 at the earliest practicable time through all areas of the top liner likely to
			 be exposed to waste or leachate during the active life and post-closure care
			 period. The requirements for a leak detection system in this paragraph are
			 satisfied by installation of a system that is, at a minimum:
(i) Constructed with a bottom slope of one
			 percent or more;
(ii) Constructed
			 of granular drainage materials with a hydraulic conductivity of
			 1x10- 2 cm/sec or more and a thickness of 12 inches
			 (30.5 cm) or more; or constructed of synthetic or geonet drainage materials
			 with a transmissivity of 3x10-5
			 m2/sec or more;
(iii) Constructed of materials that are
			 chemically resistant to the waste managed in the waste pile and the leachate
			 expected to be generated, and of sufficient strength and thickness to prevent
			 collapse under the pressures exerted by overlying wastes, waste cover
			 materials, and equipment used at the waste pile;
(iv) Designed and operated to minimize
			 clogging during the active life and post-closure care period; and
(v) Constructed with sumps and liquid removal
			 methods (e.g., pumps) of sufficient size to collect and remove liquids from the
			 sump and prevent liquids from backing up into the drainage layer. Each unit
			 must have its own sump(s). The design of each sump and removal system must
			 provide a method for measuring and recording the volume of liquids present in
			 the sump and of liquids removed.
(4) The owner or operator shall collect and
			 remove pumpable liquids in the leak detection system sumps to minimize the head
			 on the bottom liner.
(5) The owner
			 or operator of a leak detection system that is not located completely above the
			 seasonal high water table must demonstrate that the operation of the leak
			 detection system will not be adversely affected by the presence of ground
			 water.
(d) The Director
			 may approve alternative design or operating practices to those specified in
			 paragraph (c) of this section if the owner or operator demonstrates to the
			 Director that such design and operating practices, together with location
			 characteristics:
(1) Will prevent the
			 migration of any hazardous constituent into the ground water or surface water
			 at least as effectively as the liners and leachate collection and removal
			 systems specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of
			 hazardous constituents through the top liner at least as
			 effectively.
(e)
			 Paragraph (c) of this section does not apply to monofills that are granted a
			 waiver by the Director in accordance with § 264.221(e).
(f) The owner or operator of any replacement
			 waste pile unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in
			 compliance with the design standards of Section 3004(o)(1)(A)(i) and (o)(5) of
			 the federal Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the
			 liner is not functioning as designed.
(g) The owner or operator must design,
			 construct, operate, and maintain a run-on control system capable of preventing
			 flow onto the active portion of the pile during peak discharge from at least a
			 25-year storm.
(h) The owner or
			 operator must design, construct, operate, and maintain a run-off management
			 system to collect and control at least the water volume resulting from a
			 24-hour, 25-year storm.
(i)
			 Collection and holding facilities (e.g., tanks or basins) associated with
			 run-on and run-off control systems must be emptied or otherwise managed
			 expeditiously after storms to maintain design capacity of the system.
(j) If the pile contains any particulate
			 matter which may be subject to wind dispersal, the owner or operator must cover
			 or otherwise manage the pile to control wind dispersal.
(k) The Director will specify in the permit
			 all design and operating practices that are necessary to ensure that the
			 requirements of this section are satisfied.
§ 264.252
Action leakage
			 rate
(a) The Director shall approve an
			 action leakage rate for waste pile units subject to § 264.251(c) or (d).
			 The action leakage rate is the maximum design flow rate that the leak detection
			 system (LDS) can remove without the fluid head on the bottom liner exceeding 1
			 foot. The action leakage rate must include an adequate safety margin to allow
			 for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness
			 of drainage material), construction, operation, and location of the LDS, waste
			 and leachate characteristics, likelihood and amounts of other sources of
			 liquids in the LDS, and proposed response actions (e.g., the action leakage
			 rate must consider decreases in the flow capacity of the system over time
			 resulting from siltation and clogging, rib layover and creep of synthetic
			 components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate
			 has been exceeded, the owner or operator must convert the weekly flow rate from
			 the monitoring data obtained under § 264.254(c) to an average daily flow
			 rate (gallons per acre per day) for each sump. Unless the Director approves a
			 different calculation, the average daily flow rate for each sump must be
			 calculated weekly during the active life and closure period.
§ 264.253
Response actions
(a) The owner or
			 operator of waste pile units subject to § 264.251 (c) or (d) must have an
			 approved response action plan before receipt of waste. The response action plan
			 must set forth the actions to be taken if the action leakage rate has been
			 exceeded. At a minimum, the response action plan must describe the actions
			 specified in paragraph (b) of this section.
(b) If the flow rate into the leak detection
			 system exceeds the action leakage rate for any sump, the owner or operator
			 must:
(1) Notify the Director in writing of
			 the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment
			 to the Director within 14 days of the determination, as to the amount of
			 liquids, likely sources of liquids, possible location, size, and cause of any
			 leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
			 location, size, and cause of any leak;
(4) Determine whether waste receipt should
			 cease or be curtailed, whether any waste should be removed from the unit for
			 inspection, repairs, or controls, and whether or not the unit should be
			 closed;
(5) Determine any other
			 short-term and long-term actions to be taken to mitigate or stop any leaks;
			 and
(6) Within 30 days after the
			 notification that the action leakage rate has been exceeded, submit to the
			 Director the results of the analyses specified in paragraphs (b) (3), (4), and
			 (5) of this section, the results of actions taken, and actions planned. Monthly
			 thereafter, as long as the flow rate in the leak detection system exceeds the
			 action leakage rate, the owner or operator must submit to the Director a report
			 summarizing the results of any remedial actions taken and actions
			 planned.
(c) To make the
			 leak and/or remediation determinations in paragraphs (b) (3), (4), and (5) of
			 this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
			 of liquids by source,
(ii) Conduct
			 a fingerprint, hazardous constituent, or other analyses of the liquids in the
			 leak detection system to identify the source of liquids and possible location
			 of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
			 terms of potential for escaping into the environment; or (2) Document why such
			 assessments are not needed.
§ 264.254
Monitoring and
			 inspection
(a) During construction or
			 installation, liners (except in the case of existing portions of piles exempt
			 from § 264.251(a)) and cover systems (e.g., membranes, sheets, or
			 coatings) must be inspected for uniformity, damage, and imperfections (e.g.,
			 holes, cracks, thin spots, or foreign materials). Immediately after
			 construction or installation:
(1) Synthetic
			 liners and covers must be inspected to ensure tight seams and joints and the
			 absence of tears, punctures, or blisters; and
(2) Soil-based and admixed liners and covers
			 must be inspected for imperfections including lenses, cracks, channels, root
			 holes, or other structural non-uniformities that may cause an increase in the
			 permeability of the liner or cover.
(b) While a waste pile is in operation, it
			 must be inspected weekly and after storms to detect evidence of any of the
			 following:
(1) Deterioration, malfunctions, or
			 improper operation of run-on and run-off control systems;
(2) Proper functioning of wind dispersal
			 control systems, where present; and
(3) The presence of leachate in and proper
			 functioning of leachate collection and removal systems, where
			 present.
(c) An owner or
			 operator required to have a leak detection system under § 264.251(c) must
			 record the amount of liquids removed from each leak detection system sump at
			 least once each week during the active life and closure period.
§ 264.255
[Reserved]
§ 264.256
Special requirements for ignitable or reactive waste
Ignitable or reactive waste must not be place in a waste pile
				unless the waste and waste pile satisfy all applicable requirements of §
				268 and 40 CFR part 268, and:
(a) The
			 waste is treated, rendered, or mixed before or immediately after placement in
			 the pile so that:
(1) The resulting waste,
			 mixture, or dissolution of material no longer meets the definition of ignitable
			 or reactive waste under § 261.21 or § 261.23 of this rule;
			 and
(2) Section 264.17(b) is
			 complied with; or
(b) The
			 waste is managed in such a way that it is protected from any material or
			 conditions which may cause it to ignite or react.
§ 264.257
Special requirements for
			 incompatible wastes
(a) Incompatible
			 wastes, or incompatible wastes and materials, (see Appendix V of this section
			 for examples) must not be placed in the same pile, unless § 264.17(b) is
			 complied with.
(b) A pile of
			 hazardous waste that is incompatible with any waste or other material stored
			 nearby in containers, other piles, open tanks, or surface impoundments must be
			 separated from the other materials, or protected from them by means of a dike,
			 berm, wall, or other device.
(c)
			 Hazardous waste must not be piled on the same base where incompatible wastes or
			 materials were previously piled, unless the base has been decontaminated
			 sufficiently to ensure compliance with § 264.17(b).
§ 264.258
Closure and post-closure
			 care
(a) At closure, the owner or
			 operator must remove or decontaminate all waste residues, contaminated
			 containment system components (liners, etc.), contaminated subsoils, and
			 structures and equipment contaminated with waste and leachate, and manage them
			 as hazardous waste unless § 261.3(d) of this rule applies.
(b) If, after removing or decontaminating all
			 residues and making all reasonable efforts to effect removal or decontamination
			 of contaminated components, subsoils, structures, and equipment as required in
			 paragraph (a) of this section, the owner or operator finds that not all
			 contaminated subsoils can be practicably removed or decontaminated, he must
			 close the facility and perform post-closure care in accordance with the closure
			 and post-closure care requirements that apply to landfills (§
			 264.310).
(c)
(1) The owner or operator of a waste pile
			 that does not comply with the liner requirements of § 264.251(a)(1) and is
			 not exempt from them in accordance with § 264.250(c) or § 264.251(b),
			 must:
(i) Include in the closure plan for the
			 pile under § 264.112 both a plan for complying with paragraph (a) of this
			 section and a contingent plan for complying with paragraph (b) of this section
			 in case not all contaminated subsoils can be practicably removed at closure;
			 and
(ii) Prepare a contingent
			 post-closure plan under § 264.118 for complying with paragraph (b) of this
			 section in case not all contaminated subsoils can be practicably removed at
			 closure. (2) The cost estimates calculated under §§ 264.142 and
			 264.144 for closure and post-closure care of a pile subject to this paragraph
			 must include the cost of complying with the contingent closure plan and the
			 contingent post-closure plan, but are not required to include the cost of
			 expected closure under paragraph (a) of this section.
§ 264.259
Special requirements for hazardous wastes F020, F021, F022, F023, F026,
			 and F027
(a) Hazardous Wastes F020,
			 F021, F022, F023, F026, and F027 must not be placed in waste piles that are not
			 enclosed (as defined in § 264.250(c)) unless the owner or operator
			 operates the waste pile in accordance with a management plan for these wastes
			 that is approved by the Director pursuant to the standards set out in this
			 paragraph, and in accord with all other applicable requirements of this part.
			 The factors to be considered are:
(1) The
			 volume, physical, and chemical characteristics of the wastes, including their
			 potential to migrate through soil or to volatilize or escape into the
			 atmosphere;
(2) The attenuative
			 properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other
			 materials co-disposed with these wastes; and
(4) The effectiveness of additional
			 treatment, design, or monitoring techniques.
(b) The Director may determine that
			 additional design, operating, and monitoring requirements are necessary for
			 piles managing hazardous wastes F020, F021, F022, F023, F026, and, F027 in
			 order to reduce the possibility of migration of these wastes to ground water,
			 surface water, or air so as to protect human health and the
			 environment.
Subsection
			 M
-- Land Treatment
§
			 264.270
Applicability
The rules in this Subsection apply to owners and operators of
				facilities that treat or dispose of hazardous waste in land treatment units,
				except as § 264.1 provides otherwise.
§ 264.271
Treatment Program
(a) An owner or operator subject to this
			 Subsection must establish a land treatment program that is designed to ensure
			 that hazardous constituents placed in or on the treatment zone are degraded,
			 transformed, or immobilized within the treatment zone. The Director will
			 specify in the facility permit the elements of the treatment program,
			 including:
(1) The wastes that are capable of
			 being treated at the unit based on a demonstration under §
			 264.272;
(2) Design measures and
			 operating practices necessary to maximize the success of degradation,
			 transformation, and immobilization processes in the treatment zone in
			 accordance with § 264.273(a); and
(3) Unsaturated zone monitoring provisions
			 meeting the requirements of § 264.278.
(b) The Director will specify in the facility
			 permit the hazardous constituents that must be degraded, transformed, or
			 immobilized under this Subsection. Hazardous constituents are constituents
			 identified in Appendix VIII of § 261 of this rule that are reasonably
			 expected to be in, or derived from, waste placed in or on the treatment
			 zone.
(c) The Director will specify
			 the vertical and horizontal dimensions of the treatment zone in the facility
			 permit. The treatment zone is the portion of the unsaturated zone below and
			 including the land surface in which the owner or operator intends to maintain
			 the conditions necessary for effective degradation, transformation, or
			 immobilization of hazardous constituents. The maximum depth of the treatment
			 zone must be:
(1) No more than 1.5 meters (5
			 feet) from the initial soil surface; and
(2) More than 1 meter (3 feet) above the
			 seasonal high water table.
§ 264.272
Treatment
			 demonstration
(a) For each waste that
			 will be applied to the treatment zone, the owner or operator must demonstrate,
			 prior to application of the waste, that hazardous constituents in the waste can
			 be completely degraded, transformed, or immobilized in the treatment
			 zone.
(b) In making this
			 demonstration, the owner or operator may use field tests, laboratory analyses,
			 available data, or, in the case of existing units, operating data. If the owner
			 or operator intends to conduct field tests or laboratory analyses in order to
			 make the demonstration required under paragraph (a) of this section, he must
			 obtain a treatment or disposal permit under § 270.63. The Director will
			 specify in this permit the testing, analytical, design, and operating
			 requirements (including the duration of the tests and analyses, and, in the
			 case of field tests, the horizontal and vertical dimensions of the treatment
			 zone, monitoring procedures, closure and clean-up activities) necessary to meet
			 the requirements in paragraph (c) of this section.
(c) Any field test or laboratory analysis
			 conducted in order to make a demonstration under paragraph (a) of this section
			 must:
(1) Accurately simulate the
			 characteristics and operating conditions for the proposed land treatment unit
			 including:
(i) The characteristics of the
			 waste (including the presence of Appendix VIII of § 261 of this rule
			 constituents);
(ii) The climate in
			 the area;
(iii) The topography of
			 the surrounding area;
(iv) The
			 characteristics of the soil in the treatment zone (including depth);
			 and
(v) The operating practices to
			 be used at the unit.
(2)
			 Be likely to show that hazardous constituents in the waste to be tested will be
			 completely degraded, transformed, or immobilized in the treatment zone of the
			 proposed land treatment unit; and
(3) Be conducted in a manner that protects
			 human health and the environment considering:
(i) The characteristics of the waste to be
			 tested;
(ii) The operating and
			 monitoring measures taken during the course of the test;
(iii) The duration of the test;
(iv) The volume of waste used in the
			 test;
(v) In the case of field
			 tests, the potential for migration of hazardous constituents to ground water or
			 surface water.
§ 264.273
Design and operating
			 requirements
The Director will specify in the facility permit how the owner
				or operator will design, construct, operate, and maintain the land treatment
				unit in compliance with this section.
(a) The owner or operator must design,
			 construct, operate, and maintain the unit to maximize the degradation,
			 transformation, and immobilization of hazardous constituents in the treatment
			 zone. The owner or operator must design, construct, operate, and maintain the
			 unit in accord with all design and operating conditions that were used in the
			 treatment demonstration under § 264.272. At a minimum, the Director will
			 specify the following in the facility permit:
(1) The rate and method of waste application
			 to the treatment zone;
(2) Measures
			 to control soil pH;
(3) Measures to
			 enhance microbial or chemical reactions (e.g., fertilization, tilling);
			 and
(4) Measures to control the
			 moisture content of the treatment zone.
(b) The owner or operator must design,
			 construct, operate, and maintain the treatment zone to minimize run-off of
			 hazardous constituents during the active life of the land treatment
			 unit.
(c) The owner or operator
			 must design, construct, operate, and maintain a run-on control system capable
			 of preventing flow onto the treatment zone during peak discharge from at least
			 a 25-year storm.
(d) The owner or
			 operator must design, construct, operate, and maintain a run-off management
			 system to collect and control at least the water volume resulting from a
			 24-hour, 25-year storm.
(e)
			 Collection and holding facilities (e.g., tanks or basins) associated with
			 run-on and run-off control systems must be emptied or otherwise managed
			 expeditiously after storms to maintain the design capacity of the
			 system.
(f) If the treatment zone
			 contains particulate matter which may be subject to wind dispersal, the owner
			 or operator must manage the unit to control wind dispersal.
(g) The owner or operator must inspect the
			 unit weekly and after storms to detect evidence of:
(1) Deterioration, malfunctions, or improper
			 operation of run-on and run-off control systems; and
(2) Improper functioning of wind dispersal
			 control measures.
§§ 264.274
- 264.275 [Reserved]
§ 264.276
Food-chain crops
The Director may allow the growth of food-chain crops in or on
				the treatment zone only if the owner or operator satisfies the conditions of
				this section. The Director will specify in the facility permit the specific
				food-chain crops which may be grown.
(a)
(1) The
			 owner or operator must demonstrate that there is no substantial risk to human
			 health caused by the growth of such crops in or on the treatment zone by
			 demonstrating, prior to the planting of such crops, that hazardous constituents
			 other than cadmium:
(i) Will not be
			 transferred to the food or feed portions of the crop by plant uptake or direct
			 contact, and will not otherwise be ingested by food-chain animals (e.g., by
			 grazing); or
(ii) Will not occur in
			 greater concentrations in or on the food or feed portions of crops grown on the
			 treatment zone than in or on identical portions of the same crops grown on
			 untreated soils under similar conditions in the same region.
(2) The owner or
			 operator must make the demonstration required under this paragraph prior to the
			 planting of crops at the facility for all constituents identified in Appendix
			 VIII of § 261 of this rule that are reasonably expected to be in, or
			 derived from, waste placed in or on the treatment zone.
(3) In making a demonstration under this
			 paragraph, the owner or operator may use field tests, greenhouse studies,
			 available data, or, in the case of existing units, operating data, and must:
(i) Base the demonstration on conditions
			 similar to those present in the treatment zone, including soil characteristics
			 (e.g., pH, cation exchange capacity), specific wastes, application rates,
			 application methods, and crops to be grown; and
(ii) Describe the procedures used in
			 conducting any tests, including the sample selection criteria, sample size,
			 analytical methods, and statistical procedures.
(4) If the owner or operator intends to
			 conduct field tests or greenhouse studies in order to make the demonstration
			 required under this paragraph, he must obtain a permit for conducting such
			 activities.
(b) The owner
			 or operator must comply with the following conditions if cadmium is contained
			 in wastes applied to the treatment zone:
(1)
(i) The pH of the waste and soil mixture must
			 be 6.5 or greater at the time of each waste application, except for waste
			 containing cadmium at concentrations of 2 mg/kg (dry weight) or less;
(ii) The annual application of cadmium from
			 waste must not exceed 0.5 kilograms per hectare (kg/ha) on land used for
			 production of tobacco, leafy vegetables, or root crops grown for human
			 consumption. For other food-chain crops, the annual cadmium application rate
			 must not exceed:
Time period
Annual Cd application rate
				(kilograms per hectare)
Present to June 30, 1984 2.0
July 1, 1984 to Dec. 31, 1986 1.25 Beginning January 1, 1987
				0.5
(iii) The cumulative application
			 of cadmium from waste must not exceed 5 kg/ha if the waste and soil mixture has
			 a pH of less than 6.5; and
(iv) If
			 the waste and soil mixture has a pH of 6.5 or greater or is maintained at a pH
			 of 6.5 or greater during crop growth, the cumulative application of cadmium
			 from waste must not exceed: 5 kg/ha if soil cation exchange capacity (CEC) is
			 less than 5 meq/100g; 10 kg/ha if soil CEC is 5-15 meq/100g; and 20 kg/ha if
			 soil CEC is greater than 15 meq/100g; or
(2)
(i)
			 Animal feed must be the only food-chain crop produced;
(ii) The pH of the waste and soil mixture
			 must be 6.5 or greater at the time of waste application or at the time the crop
			 is planted, whichever occurs later, and this pH level must be maintained
			 whenever food-chain crops are grown;
(iii) There must be an operating plan which
			 demonstrates how the animal feed will be distributed to preclude ingestion by
			 humans. The operating plan must describe the measures to be taken to safeguard
			 against possible health hazards from cadmium entering the food chain, which may
			 result from alternative land uses; and
(iv) Future property owners must be notified
			 by a stipulation in the land record or property deed which states that the
			 property has received waste at high cadmium application rates and that
			 food-chain crops must not be grown except in compliance with paragraph (b)(2)
			 of this section.
§ 264.277
[Reserved]
§ 264.278
Unsaturated zone monitoring
An owner or operator subject to this Subsection must establish
				an unsaturated zone monitoring program to discharge the following
				responsibilities:
(a) The owner or
			 operator must monitor the soil and soil-pore liquid to determine whether
			 hazardous constituents migrate out of the treatment zone.
(1) The Director will specify the hazardous
			 constituents to be monitored in the facility permit. The hazardous constituents
			 to be monitored are those specified under § 264.271(b).
(2) The Director may require monitoring for
			 principal hazardous constituents (PHCs) in lieu of the constituents specified
			 under § 264.271(b). PHCs are hazardous constituents contained in the
			 wastes to be applied at the unit that are the most difficult to treat,
			 considering the combined effects of degradation, transformation, and
			 immobilization. The Director will establish PHCs if he finds, based on waste
			 analyses, treatment demonstrations, or other data, that effective degradation,
			 transformation, or immobilization of the PHCs will assure treatment at least
			 equivalent levels for the other hazardous constituents in the
			 wastes.
(b) The owner or
			 operator must install an unsaturated zone monitoring system that includes soil
			 monitoring using soil cores and soil-pore liquid monitoring using devices such
			 as lysimeters. The unsaturated zone monitoring system must consist of a
			 sufficient number of sampling points at appropriate locations and depths to
			 yield samples that:
(1) Represent the quality
			 of background soil-pore liquid quality and the chemical make-up of soil that
			 has not been affected by leakage from the treatment zone; and
(2) Indicate the quality of soil-pore liquid
			 and the chemical make-up of the soil below the treatment
			 zone.
(c) The owner or
			 operator must establish a background value for each hazardous constituent to be
			 monitored under paragraph (a) of this section. The permit will specify the
			 background values for each constituent or specify the procedures to be used to
			 calculate the background values.
(1)
			 Background soil values may be based on a one-time sampling at a background plot
			 having characteristics similar to those of the treatment zone.
(2) Background soil-pore liquid values must
			 be based on at least quarterly sampling for one year at a background plot
			 having characteristics similar to those of the treatment zone.
(3) The owner or operator must express all
			 background values in a form necessary for the determination of statistically
			 significant increases under paragraph (f) of this section.
(4) In taking samples used in the
			 determination of all background values, the owner or operator must use an
			 unsaturated zone monitoring system that complies with paragraph (b)(1) of this
			 section.
(d) The owner or
			 operator must conduct soil monitoring and soil-pore liquid monitoring
			 immediately below the treatment zone. The Director will specify the frequency
			 and timing of soil and soil-pore liquid monitoring in the facility permit after
			 considering the frequency, timing, and rate of waste application, and the soil
			 permeability. The owner or operator must express the results of soil and
			 soil-pore liquid monitoring in a form necessary for the determination of
			 statistically significant increases under paragraph (f) of this
			 section.
(e) The owner or operator
			 must use consistent sampling and analysis procedures that are designed to
			 ensure sampling results that provide a reliable indication of soil-pore liquid
			 quality and the chemical make-up of the soil below the treatment zone. At a
			 minimum, the owner or operator must implement procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and
			 shipment;
(3) Analytical
			 procedures; and
(4) Chain of
			 custody control.
(f) The
			 owner or operator must determine whether there is a statistically significant
			 change over background values for any hazardous constituent to be monitored
			 under paragraph (a) of this section below the treatment zone each time he
			 conducts soil monitoring and soil-pore liquid monitoring under paragraph (d) of
			 this section.
(1) In determining whether a
			 statistically significant increase has occurred, the owner or operator must
			 compare the value of each constituent, as determined under paragraph (d) of
			 this section, to the background value for that constituent according to the
			 statistical procedure specified in the facility permit under this
			 paragraph.
(2) The owner or
			 operator must determine whether there has been a statistically significant
			 increase below the treatment zone within a reasonable time period after
			 completion of sampling. The Director will specify that time period in the
			 facility permit after considering the complexity of the statistical test and
			 the availability of laboratory facilities to perform the analysis of soil and
			 soil-pore liquid samples.
(3) The
			 owner or operator must determine whether there is a statistically significant
			 increase below the treatment zone using a statistical procedure that provides
			 reasonable confidence that migration from the treatment zone will be
			 identified. The Director will specify a statistical procedure in the facility
			 permit that he finds:
(i) Is appropriate for
			 the distribution of the data used to establish background values; and
(ii) Provides a reasonable balance between
			 the probability of falsely identifying migration from the treatment zone and
			 the probability of failing to identify real migration from the treatment zone.
(g) If the
			 owner or operator determines, pursuant to paragraph (f) of this section, that
			 there is a statistically significant increase of hazardous constituents below
			 the treatment zone, he must:
(1) Notify the
			 Director of this finding in writing within seven days. The notification must
			 indicate what constituents have shown statistically significant
			 increases.
(2) Within 90 days,
			 submit to the Director an application for a permit modification to modify the
			 operating practices at the facility in order to maximize the success of
			 degradation, transformation, or immobilization processes in the treatment
			 zone.
(h) If the owner or
			 operator determines, pursuant to paragraph (f) of this section, that there is a
			 statistically significant increase of hazardous constituents below the
			 treatment zone, he may demonstrate that a source other than regulated units
			 caused the increase or that the increase resulted from an error in sampling,
			 analysis, or evaluation. While the owner or operator may make a demonstration
			 under this paragraph in addition to, or in lieu of, submitting a permit
			 modification application under paragraph (g)(2) of this section, he is not
			 relieved of the requirement to submit a permit modification application within
			 the time specified in paragraph (g)(2) of this section unless the demonstration
			 made under this paragraph successfully shows that a source other than regulated
			 units caused the increase or that the increase resulted from an error in
			 sampling, analysis, or evaluation. In making a demonstration under this
			 paragraph, the owner or operator must:
(1)
			 Notify the Director in writing within seven days of determining a statistically
			 significant increase below the treatment zone that he intends to make a
			 determination under this paragraph;
(2) Within 90 days, submit a report to the
			 Director demonstrating that a source other than the regulated units caused the
			 increase or that the increase resulted from error in sampling, analysis, or
			 evaluation;
(3) Within 90 days,
			 submit to the Director an application for a permit modification to make any
			 appropriate changes to the unsaturated zone monitoring program at the facility;
			 and
(4) Continue to monitor in
			 accordance with the unsaturated zone monitoring program established under this
			 section.
§
			 264.279
Recordkeeping
The owner or operator must include hazardous waste application
				dates and rates in the operating record required under § 264.73.
§ 264.280
Closure and
			 post-closure care
(a) During the
			 closure period the owner or operator must:
(1) Continue all operations (including pH
			 control) necessary to maximize degradation, transformation, or immobilization
			 of hazardous constituents within the treatment zone as required under §
			 264.273(a), except to the extent such measures are inconsistent with paragraph
			 (a)(8) of this section.
(2)
			 Continue all operations in the treatment zone to minimize run-off of hazardous
			 constituents as required under § 264.273(b);
(3) Maintain the run-on control system
			 required under § 264.273(c);
(4) Maintain the run-off management system
			 required under § 264.273(d);
(5) Control wind dispersal of hazardous waste
			 if required under § 264.273(f);
(6) Continue to comply with any prohibitions
			 or conditions concerning growth of food-chain crops under §
			 264.276;
(7) Continue unsaturated
			 zone monitoring in compliance with § 264.278, except that soil-pore liquid
			 monitoring may be terminated 90 days after the last application of waste to the
			 treatment zone; and
(8) Establish a
			 vegetative cover on the portion of the facility being closed at such time that
			 the cover will not substantially impede degradation, transformation, or
			 immobilization of hazardous constituents in the treatment zone. The vegetative
			 cover must be capable of maintaining growth without extensive
			 maintenance.
(b) For the
			 purpose of complying with § 264.115, when closure is completed the owner
			 or operator may submit to the Director certification by an independent
			 qualified soil scientist, in lieu of an independent Arkansas-registered
			 professional engineer, that the facility has been closed in accordance with the
			 specifications in the approved closure plan.
(c) During the post-closure care period the
			 owner or operator must:
(1) Continue all
			 operations (including pH control) necessary to enhance degradation and
			 transformation and sustain immobilization of hazardous constituents in the
			 treatment zone to the extent that such measures are consistent with other
			 post-closure care activities;
(2)
			 Maintain a vegetative cover over closed portions of the facility;
(3) Maintain the run-on control system
			 required under § 264.273(c);
(4) Maintain the run-off management system
			 required under § 264.273(d);
(5) Control wind dispersal of hazardous waste
			 if required under § 264.273(f);
(6) Continue to comply with any prohibitions
			 or conditions concerning growth of food-chain crops under § 264.276;
			 and
(7) Continue unsaturated zone
			 monitoring in compliance with § 264.278, except that soil-pore liquid
			 monitoring may be terminated 90 days after the last application of waste to the
			 treatment zone.
(d) The
			 owner or operator is not subject to regulation under paragraphs (a)(8) and (c)
			 of this section if the Director finds that the level of hazardous constituents
			 in the treatment zone soil does not exceed the background value of those
			 constituents by an amount that is statistically significant when using the test
			 specified in paragraph (d)(3) of this section. The owner or operator may submit
			 such a demonstration to the Director at any time during the closure or
			 post-closure care periods. For the purposes of this paragraph:
(1) The owner or operator must establish
			 background soil values and determine whether there is a statistically
			 significant increase over those values for all hazardous constituents specified
			 in the facility permit under § 264.271 (b).
(i) Background soil values may be based on a
			 one-time sampling of a background plot having characteristics similar to those
			 of the treatment zone.
(ii) The
			 owner or operator must express background values and values for hazardous
			 constituents in the treatment zone in a form necessary for the determination of
			 statistically significant increases under paragraph (d)(3) of this section.
(2) In taking samples
			 used in the determination of background and treatment zone values, the owner or
			 operator must take samples at a sufficient number of sampling points and at
			 appropriate locations and depths to yield samples that represent the chemical
			 make-up of soil that has not been affected by leakage from the treatment zone
			 and the soil within the treatment zone, respectively.
(3) In determining whether a statistically
			 significant increase has occurred, the owner or operator must compare the value
			 of each constituent in the treatment zone to the background value for that
			 constituent using a statistical procedure that provides reasonable confidence
			 that constituent presence in the treatment zone will be identified. The owner
			 or operator must use a statistical procedure that:
(i) Is appropriate for the distribution of
			 the data used to establish background values; and
(ii) Provides a reasonable balance between
			 the probability of falsely identifying hazardous constituent presence in the
			 treatment zone and the probability of failing to identify real presence in the
			 treatment zone.
(e) The owner or operator is not subject to
			 regulation under Subsection F of this rule if the Director finds that the owner
			 or operator satisfies paragraph (d) of this section and if unsaturated zone
			 monitoring under § 264.278 indicates that hazardous constituents have not
			 migrated beyond the treatment zone during the active life of the land treatment
			 unit.
§ 264.281
Special requirements for ignitable or reactive waste
The owner or operator must not apply ignitable or reactive
				waste to the treatment zone unless the waste and the treatment zone meet all
				applicable requirements of § 268 and 40 CFR Part 268, and:
(a) The waste is immediately incorporated
			 into the soil so that:
(1) The resulting
			 waste, mixture, or dissolution of material no longer meets the definition of
			 ignitable or reactive waste under § 261.21 or § 261.23 of this rule;
			 and
(2) Section 264.17(b) is
			 complied with; or
(b) The
			 waste is managed in such a way that it is protected from any material or
			 conditions which may cause it to ignite or react.
§ 264.282
Special requirements for
			 incompatible wastes
The owner or operator must not place incompatible wastes, or
				incompatible wastes and materials (see Appendix V of this section for
				examples), in or on the same treatment zone, unless § 264.17(b) is
				complied with.
§
			 264.283
Special requirements for hazardous wastes F020,
			 F021, F022, F023, F026, and F027
(a)
			 Hazardous Wastes F020, F021, F022, F023, F026, and F027 must not be placed in a
			 land treatment unit unless the owner or operator operates the facility in
			 accordance with a management plan for these wastes that is approved by the
			 Director pursuant to the standards set out in this paragraph, and in accord
			 with all other applicable requirements of this part. The factors to be
			 considered are:
(1) The volume, physical, and
			 chemical characteristics of the wastes, including their potential to migrate
			 through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
			 and surrounding soils or other materials;
(3) The mobilizing properties of other
			 materials co-disposed with these wastes; and
(4) The effectiveness of additional
			 treatment, design, or monitoring techniques.
(b) The Director may determine that
			 additional design, operating, and monitoring requirements are necessary for
			 land treatment facilities managing hazardous wastes F020, F021, F022, F023,
			 F026, and F027 in order to reduce the possibility of migration of these wastes
			 to ground water, surface water, or air so as to protect human health and the
			 environment.
Subsection
			 N
-- Landfills
§
			 264.300
Applicability
The rules in this Subsection apply to owners and operators of
				facilities that dispose of hazardous waste in landfills, except as § 264.1
				provides otherwise.
§
			 264.301
Design and operating requirements
(a) Any landfill that is not covered by
			 paragraph (c) of this section or § 265.301(a) of this rule must have a
			 liner system for all portions of the landfill (except for existing portions of
			 such landfill). The liner system must have:
(1) A liner that is designed, constructed,
			 and installed to prevent any migration of wastes out of the landfill to the
			 adjacent subsurface soil or ground water or surface water at anytime during the
			 active life (including the closure period) of the landfill. The liner must be
			 constructed of materials that prevent wastes from passing into the liner during
			 the active life of the facility. The liner must be:
(i) Constructed of materials that have
			 appropriate chemical properties and sufficient strength and thickness to
			 prevent failure due to pressure gradients (including static head and external
			 hydrogeologic forces), physical contact with the waste or leachate to which
			 they are exposed, climatic conditions, the stress of installation, and the
			 stress of daily operation;
(ii)
			 Placed upon a foundation or base capable of providing support to the liner and
			 resistance to pressure gradients above and below the liner to prevent failure
			 of the liner due to settlement, compression, or uplift; and
(iii) Installed to cover all surrounding
			 earth likely to be in contact with the waste or leachate; and
(2) A leachate
			 collection and removal system immediately above the liner that is designed,
			 constructed, maintained, and operated to collect and remove leachate from the
			 landfill. The Director will specify design and operating conditions in the
			 permit to ensure that the leachate depth over the liner does not exceed 30 cm
			 (one foot). The leachate collection and removal system must be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed
			 in the landfill and the leachate expected to be generated; and
(B) Of sufficient strength and thickness to
			 prevent collapse under the pressures exerted by overlying wastes, waste cover
			 materials, and by any equipment used at the landfill; and
(ii) Designed and operated to function
			 without clogging through the scheduled closure of the landfill.
(b) The owner
			 or operator will be exempted from the requirements of paragraph (a) of this
			 section if the Director finds, based on a demonstration by the owner or
			 operator, that alternative design and operating practices, together with
			 location characteristics, will prevent the migration of any hazardous
			 constituents (see § 264.93) into the ground water or surface water at any
			 future time. In deciding whether to grant an exemption, the Director will
			 consider:
(1) The nature and quantity of the
			 wastes;
(2) The proposed alternate
			 design and operation;
(3) The
			 hydrogeologic setting of the facility, including the attenuative capacity and
			 thickness of the liners and soils present between the landfill and ground water
			 or surface water; and
(4) All other
			 factors which would influence the quality and mobility of the leachate produced
			 and the potential for it to migrate to ground water or surface
			 water.
(c) The owner or
			 operator of each new landfill unit on which construction commences after
			 January 29, 1992, each lateral expansion of a landfill unit on which
			 construction commences after July 29, 1992, and each replacement of an existing
			 landfill unit that is to commence reuse after July 29, 1992 must install two or
			 more liners and a leachate collection and removal system above and between such
			 liners. "Construction commences" is as defined in § 260.10 of this rule
			 under "existing facility".
(1)
(i) The liner system must include:
(A) A top liner designed and constructed of
			 materials (e.g., a geomembrane) to prevent the migration of hazardous
			 constituents into such liner during the active life and post-closure care
			 period; and
(B) A composite bottom
			 liner, consisting of at least two components. The upper component must be
			 designed and constructed of materials (e.g., a geomembrane) to prevent the
			 migration of hazardous constituents into this component during the active life
			 and post-closure care period. The lower component must be designed and
			 constructed of materials to minimize the migration of hazardous constituents if
			 a breach in the upper component were to occur. The lower component must be
			 constructed of at least 3 feet (91 cm) of compacted soil material with a
			 hydraulic conductivity of no more than 1X10-7
			 cm/sec.
(ii) The liners
			 must comply with paragraphs (a)(1) (i), (ii), and (iii) of this section.
(2) The leachate
			 collection and removal system immediately above the top liner must be designed,
			 constructed, operated, and maintained to collect and remove leachate from the
			 landfill during the active life and post-closure care period. The Director will
			 specify design and operating conditions in the permit to ensure that the
			 leachate depth over the liner does not exceed 30 cm (one foot). The leachate
			 collection and removal system must comply with paragraphs (c)(3) (iii) and (iv)
			 of this section.
(3) The leachate
			 collection and removal system between the liners, and immediately above the
			 bottom composite liner in the case of multiple leachate collection and removal
			 systems, is also a leak detection system. This leak detection system must be
			 capable of detecting, collecting, and removing leaks of hazardous constituents
			 at the earliest practicable time through all areas of the top liner likely to
			 be exposed to waste or leachate during the active life and post-closure care
			 period. The requirements for a leak detection system in this paragraph are
			 satisfied by installation of a system that is, at a minimum:
(i) Constructed with a bottom slope of one
			 percent or more;
(ii) Constructed
			 of granular drainage materials with a hydraulic conductivity of
			 1x10-2 cm/sec or more and a thickness of 12 inches
			 (30.5 cm) or more; or constructed of synthetic or geonet drainage materials
			 with a transmissivity of 3x10-5
			 m2/sec or more;
(iii) Constructed of materials that are
			 chemically resistant to the waste managed in the landfill and the leachate
			 expected to be generated, and of sufficient strength and thickness to prevent
			 collapse under the pressures exerted by overlying wastes, waste cover
			 materials, and equipment used at the landfill;
(iv) Designed and operated to minimize
			 clogging during the active life and post-closure care period; and
(v) Constructed with sumps and liquid removal
			 methods (e.g., pumps) of sufficient size to collect and remove liquids from the
			 sump and prevent liquids from backing up into the drainage layer. Each unit
			 must have its own sump(s). The design of each sump and removal system must
			 provide a method for measuring and recording the volume of liquids present in
			 the sump and of liquids removed.
(4) The owner or operator shall collect and
			 remove pumpable liquids in the leak detection system sumps to minimize the head
			 on the bottom liner.
(5) The owner
			 or operator of a leak detection system that is not located completely above the
			 seasonal high water table must demonstrate that the operation of the leak
			 detection system will not be adversely affected by the presence of ground
			 water.
(d) The Director
			 may approve alternative design or operating practices to those specified in
			 paragraph (c) of this section if the owner or operator demonstrates to the
			 Director that such design and operating practices, together with location
			 characteristics:
(1) Will prevent the
			 migration of any hazardous constituent into the ground water or surface water
			 at least as effectively as the liners and leachate collection and removal
			 systems specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of
			 hazardous constituents through the top liner at least as
			 effectively.
(e) The
			 double liner requirement set forth in paragraph (c) of this section may be
			 waived by the Director for any monofill, if:
(1) The monofill contains only hazardous
			 wastes from foundry furnace emission controls or metal casting molding sand,
			 and such wastes do not contain constituents which would render the wastes
			 hazardous for reasons other than the Toxicity Characteristic in § 261.24
			 of this rule, with EPA Hazardous Waste Numbers D004 through D017; and
(2)
(i)
(A) The monofill has at least one liner for
			 which there is no evidence that such liner is leaking;
(B) The monofill is located more than
			 one-quarter mile from an "underground source of drinking water" (as that term
			 is defined in APC&EC Reg. 23 § 270.2); and
(C) The monofill is in compliance with
			 generally applicable ground-water monitoring requirements for facilities with
			 permits under RCRA 3005(c); or
(ii) The owner or operator demonstrates that
			 the monofill is located, designed and operated so as to assure that there will
			 be no migration of any hazardous constituent into ground water or surface water
			 at any future time.
(f) The owner or operator of any replacement
			 landfill unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in
			 compliance with the design standards of section 3004(o)(1)(A)(i) and (o)(5) of
			 the federal Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the
			 liner is not functioning as designed.
(g) The owner or operator must design,
			 construct, operate, and maintain a run-on control system capable of preventing
			 flow onto the active portion of the landfill during peak discharge from at
			 least a 25-year storm.
(h) The
			 owner or operator must design, construct, operate, and maintain a run-off
			 management system to collect and control at least the water volume resulting
			 from a 24-hour, 25-year storm.
(i)
			 Collection and holding facilities (e.g., tanks or basins) associated with
			 run-on and run-off control systems must be emptied or otherwise managed
			 expeditiously after storms to maintain design capacity of the system.
(j) If the landfill contains any particulate
			 matter which may be subject to wind dispersal, the owner or operator must cover
			 or otherwise manage the landfill to control wind dispersal.
(k) The Director will specify in the permit
			 all design and operating practices that are necessary to ensure that the
			 requirements of this section are satisfied.
(l) [Reserved]
§ 264.302
Action leakage
			 rate
(a) The Director shall approve an
			 action leakage rate for landfill units subject to § 264.301(c) or (d). The
			 action leakage rate is the maximum design flow rate that the leak detection
			 system (LDS) can remove without the fluid head on the bottom liner exceeding l
			 foot. The action leakage rate must include an adequate safety margin to allow
			 for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness
			 of drainage material), construction, operation, and location of the LDS, waste
			 and leachate characteristics, likelihood and amounts of other sources of
			 liquids in the LDS, and proposed response actions (e.g., the action leakage
			 rate must consider decreases in the flow capacity of the system over time
			 resulting from siltation and clogging, rib layover and creep of synthetic
			 components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate
			 has been exceeded, the owner or operator must convert the weekly or monthly
			 flow rate from the monitoring data obtained under § 264.303(c) to an
			 average daily flow rate (gallons per acre per day) for each sump. Unless the
			 Director approves a different calculation, the average daily flow rate for each
			 sump must be calculated weekly during the active life and closure period, and
			 monthly during the post-closure care period when monthly monitoring is required
			 under § 264.303(c).
§
			 264.303
Monitoring and inspection
(a) During construction or installation,
			 liners (except in the case of existing portions of landfills exempt from §
			 264.301(a)) and cover systems (e.g., membranes, sheets, or coatings) must be
			 inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin
			 spots, or foreign materials). Immediately after construction or installation:
(1) Synthetic liners and covers must be
			 inspected to ensure tight seams and joints and the absence of tears, punctures,
			 or blisters; and
(2) Soil-based and
			 admixed liners and covers must be inspected for imperfections including lenses,
			 cracks, channels, root holes, or other structural non-uniformities that may
			 cause an increase in the permeability of the liner or
			 cover.
(b) While a
			 landfill is in operation, it must be inspected weekly and after storms to
			 detect evidence of any of the following:
(1)
			 Deterioration, malfunctions, or improper operation of run-on and run-off
			 control systems;
(2) Proper
			 functioning of wind dispersal control systems, where present; and
(3) The presence of leachate in and proper
			 functioning of leachate collection and removal systems, where
			 present.
(c)
(1) An owner or operator required to have a
			 leak detection system under § 264.301(c) or (d) must record the amount of
			 liquids removed from each leak detection system sump at least once each week
			 during the active life and closure period.
(2) After the final cover is installed, the
			 amount of liquids removed from each leak detection system sump must be recorded
			 at least monthly. If the liquid level in the sump stays below the pump
			 operating level for two consecutive months, the amount of liquids in the sumps
			 must be recorded at least quarterly. If the liquid level in the sump stays
			 below the pump operating level for two consecutive quarters, the amount of
			 liquids in the sumps must be recorded at least semi-annually. If at any time
			 during the post-closure care period the pump operating level is exceeded at
			 units on quarterly or semi-annual recording schedules, the owner or operator
			 must return to monthly recording of amounts of liquids removed from each sump
			 until the liquid level again stays below the pump operating level for two
			 consecutive months.
(3) "Pump
			 operating level" is a liquid level proposed by the owner or operator and
			 approved by the Director based on pump activation level, sump dimensions, and
			 level that avoids backup into the drainage layer and minimizes head in the
			 sump.
§
			 264.304
Response actions
(a) The owner or operator of landfill units
			 subject to § 264.301(c) or (d) must have an approved response action plan
			 before receipt of waste. The response action plan must set forth the actions to
			 be taken if the action leakage rate has been exceeded. At a minimum, the
			 response action plan must describe the actions specified in paragraph (b) of
			 this section.
(b) If the flow rate
			 into the leak detection system exceeds the action leakage rate for any sump,
			 the owner or operator must:
(1) Notify the
			 Director in writing of the exceedance within 7 days of the
			 determination;
(2) Submit a
			 preliminary written assessment to the Director within 14 days of the
			 determination, as to the amount of liquids, likely sources of liquids, possible
			 location, size, and cause of any leaks, and short-term actions taken and
			 planned;
(3) Determine to the
			 extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should
			 cease or be curtailed, whether any waste should be removed from the unit for
			 inspection, repairs, or controls, and whether or not the unit should be
			 closed;
(5) Determine any other
			 short-term and longer-term actions to be taken to mitigate or stop any leaks;
			 and
(6) Within 30 days after the
			 notification that the action leakage rate has been exceeded, submit to the
			 Director the results of the analyses specified in paragraphs (b)(3), (4), and
			 (5) of this section, the results of actions taken, and actions planned. Monthly
			 thereafter, as long as the flow rate in the leak detection system exceeds the
			 action leakage rate, the owner or operator must submit to the Director a report
			 summarizing the results of any remedial actions taken and actions
			 planned.
(c) To make the
			 leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of
			 this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
			 of liquids by source,
(ii) Conduct
			 a fingerprint, hazardous constituent, or other analyses of the liquids in the
			 leak detection system to identify the source of liquids and possible location
			 of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
			 terms of potential for escaping into the environment; or
(2) Document why such assessments are not
			 needed.
§§
			 264.305
- 264.308 [Reserved]
§ 264.309
Surveying and
			 recordkeeping
The owner or operator of a landfill must maintain the following
				items in the operating record required under § 264.73:
(a) On a map, the exact location and
			 dimensions, including depth, of each cell with respect to permanently surveyed
			 benchmarks; and
(b) The contents of
			 each cell and the approximate location of each hazardous waste type within each
			 cell.
§ 264.310
Closure and post-closure care
(a) At final closure of the landfill or upon
			 closure of any cell, the owner or operator must cover the landfill or cell with
			 a final cover designed and constructed to:
(1)
			 Provide long-term minimization of migration of liquids through the closed
			 landfill;
(2) Function with minimum
			 maintenance;
(3) Promote drainage
			 and minimize erosion or abrasion of the cover;
(4) Accommodate settling and subsidence so
			 that the cover's integrity is maintained; and
(5) Have a permeability less than or equal to
			 the permeability of any bottom liner system or natural subsoils
			 present.
(b) After final
			 closure, the owner or operator must comply with all post-closure requirements
			 contained in §§ 264.117 through 264.120, including maintenance and
			 monitoring throughout the post-closure care period (specified in the permit
			 under § 264.117). The owner or operator must:
(1) Maintain the integrity and effectiveness
			 of the final cover, including making repairs to the cap as necessary to correct
			 the effects of settling, subsidence, erosion, or other events;
(2) Continue to operate the leachate
			 collection and removal system until leachate is no longer detected;
(3) Maintain and monitor the leak detection
			 system in accordance with §§ 264.301(c)(3)(iv) and (4) and
			 264.303(c), and comply with all other applicable leak detection system
			 requirements of this part;
(4)
			 Maintain and monitor the ground-water monitoring system and comply with all
			 other applicable requirements of Subsection F of this section;
(5) Prevent run-on and run-off from eroding
			 or otherwise damaging the final cover; and
(6) Protect and maintain surveyed benchmarks
			 used in complying with § 264.309.
§ 264.311
[Reserved]
§ 264.312
Special requirements for ignitable or reactive waste
(a) Except as provided in paragraph (b) of
			 this section, and in § 264.316, ignitable or reactive waste must not be
			 placed in a landfill, unless the waste and landfill meet all applicable
			 requirements of § 268 and 40 CFR Part 268, and:
(1) The resulting waste, mixture, or
			 dissolution of material no longer meets the definition of ignitable or reactive
			 waste under § 261.21 or § 261.23 of this rule; and
(2) Section 264.17(b) is complied
			 with.
(b) [Reserved]
§ 264.313
Special requirements for incompatible wastes
Incompatible wastes, or incompatible wastes and materials, (see
				Appendix V of this section for examples) must not be placed in the same
				landfill cell, unless § 264.17(b) is complied with.
§ 264.314
Special requirements for
			 bulk and containerized liquids
(a) The
			 placement of bulk or non-containerized liquid hazardous waste or hazardous
			 waste containing free liquids (whether or not sorbents have been added) in any
			 landfill is prohibited.
(b) To
			 demonstrate the absence or presence of free liquids in either a containerized
			 or a bulk waste, the following test must be used: Method 9095B (Paint Filter
			 Liquids Test) as described in "Test Methods for Evaluating Solid Waste,
			 Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
			 reference in § 260.11 of this rule.
(c) Containers holding free liquids must not
			 be placed in a landfill unless:
(1) All
			 free-standing liquid:
(i) has been removed by
			 decanting, or other methods;
(ii)
			 has been mixed with sorbent or solidified so that free-standing liquid is no
			 longer observed; or
(iii) has been
			 otherwise eliminated; or
(2) The container is very small, such as an
			 ampule; or
(3) The container is
			 designed to hold free liquids for use other than storage, such as a battery or
			 capacitor; or
(4) The container is
			 a lab pack as defined in § 264.316 and is disposed of in accordance with
			 § 264.316.
(d)
			 Sorbents used to treat liquids to be disposed of in landfills must be
			 nonbiodegradable. Nonbiodegradable sorbents are materials listed or described
			 in paragraph (e)(1) of this Subsection; or materials that are determined by the
			 Division to be nonbiodegradable through the Section 260 petition process.
(1) Nonbiodegradable sorbents
(i) Inorganic minerals, other inorganic
			 materials, and elemental carbon (e.g., aluminosilicates, clays, smectites,
			 Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined
			 montmorillonite, kaolinite, micas (illite), vermiculites, zeolites, calcium
			 carbonate (organic-free limestone), oxides/hydroxides, alumina, lime, silica
			 (sand), diatomaceous earth, perlite (volcanic glass), expanded volcanic rock,
			 volcanic ash, cement kiln dust, fly ash, rice hull ash, activated
			 charcoal/activated carbon), or
(ii)
			 High molecular weight synthetic polymers (e.g., polyethylene, high density
			 polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate,
			 polynorborene, polyisobutylene, ground synthetic rubber, cross-linked
			 allylstyrene and tertiary butyl copolymers). This does not include polymers
			 derived from biological materials or polymers specifically designed to be
			 degradable; or
(iii) Mixtures of
			 these nonbiodegradable materials.
(2) Tests for nonbiodegradable sorbents.
(i) The sorbent material is determined to be
			 nonbiodegradable under ASTM Method G21-70(1984a) - Standard Practice for
			 Determining Resistance of Synthetic Polymer Material to Fungi; or
(ii) The sorbent material is determined to be
			 nonbiodegradable under ASTM Method G22-76 (1984b)-Standard Practice for
			 Determining Resistance of Plastics to Bacteria; or
(iii) The sorbent material is determined to
			 be non-biodegradable under OECD test 301B: [CO Evolution (Modified Sturm
			 Test)]. 2
(e)
			 The placement of any liquid which is not a hazardous waste in a landfill is
			 prohibited unless the owner or operator of such landfill demonstrates to the
			 Director, or the Director determines, that:
(1) The only reasonably available alternative
			 to the placement in such landfill is placement in a landfill or unlined surface
			 impoundment, whether or not permitted or operating under interim status, which
			 contains, or may reasonably be anticipated to contain, hazardous waste;
			 and
(2) Placement in such owner or
			 operator's landfill will not present a risk of contamination of any underground
			 source of drinking water (as that term is defined in § 270.2 of this
			 rule.)
§
			 264.315
Special requirements for containers
Unless they are very small, such as an ampule, containers must
				be either:
(a) At least 90 percent
			 full when placed in the landfill; or
(b) Crushed, shredded, or similarly reduced
			 in volume to the maximum practical extent before burial in the landfill.
§ 264.316
Disposal of small containers of hazardous wastes in overpacked drums ("lab
			 packs")
Small containers of hazardous waste in overpacked drums (lab
				packs) may be placed in a landfill if the following requirements are
				met:
(a) Hazardous waste must be
			 packaged in non-leaking inside containers. The inside containers must be of a
			 design and constructed of a material that will not react dangerously with, be
			 decomposed by, or be ignited by the contained waste. Inside containers must be
			 tightly and securely sealed. The inside containers must be of the size and type
			 specified in the Department of Transportation (DOT) hazardous materials
			 regulations (49 CFR parts 173, 178, and 179), if those regulations specify a
			 particular inside container for the waste.
(b) The inside containers must be overpacked
			 in an open head DOT-specification metal shipping container (49 CFR parts 178
			 and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at
			 a minimum, a sufficient quantity of sorbent material, determined to be
			 nonbiodegradable in accordance with 264.314(e), to completely sorb all of the
			 liquid contents of the inside containers. The metal outer container must be
			 full after packing with inside containers and absorbent material.
(c) The sorbent material used must not be
			 capable of reacting dangerously with, being decomposed by, or being ignited by
			 the contents of the inside containers in accordance with §
			 264.17(b).
(d) Incompatible wastes,
			 as defined in § 260.10 of this rule, must not be placed in the same
			 outside container.
(e) Reactive
			 wastes, other than cyanide- or sulfide-bearing waste as defined in §
			 261.23(a)(5) of this rule, must be treated or rendered non-reactive prior to
			 packaging in accordance with paragraphs (a) through (d) of this section.
			 Cyanide- and sulfide-bearing reactive waste may be packed in accordance with
			 paragraphs (a) through (d) of this section without first being treated or
			 rendered non-reactive.
(f) Such
			 disposal is in compliance with the requirements of Section 268 of this rule.
			 Persons who incinerate lab packs according to the requirements in §
			 268.42(c)(1) may use fiber drums in place of metal outer containers. Such fiber
			 drums must meet the DOT specifications in
			 49 CFR
			 173.12 and be overpacked according to the
			 requirements in paragraph (b) of this section.
§ 264.317
Special requirements
			 for hazardous wastes F020, F021, F022, F023, F026, and F027
(a) Hazardous Wastes F020, F021, F022, F023,
			 F026, and F027 must not be placed in a landfill unless the owner or operator
			 operates the landfill in accord with a management plan for these wastes that is
			 approved by the Director pursuant to the standards set out in this paragraph,
			 and in accord with all other applicable requirements of this part. The factors
			 to be considered are:
(1) The volume,
			 physical, and chemical characteristics of the wastes, including their potential
			 to migrate through the soil or to volatilize or escape into the
			 atmosphere;
(2) The attenuative
			 properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other
			 materials co-disposed with these wastes; and
(4) The effectiveness of additional
			 treatment, design, or monitoring requirements.
(b) The Director may determine that
			 additional design, operating, and monitoring requirements are necessary for
			 landfills managing hazardous wastes F020, F021, F022, F023, F026, and F027 in
			 order to reduce the possibility of migration of these wastes to ground water,
			 surface water, or air so as to protect human health and the
			 environment.
Subsection
			 O
- Incinerators
§
			 264.340
Applicability
(a) The rules of this Subsection apply to
			 owners and operators of hazardous waste incinerators (as defined in §
			 260.10 of this rule), except as § 264.1 provides otherwise.
(b) Integration of the MACT standards.
(1) Except as provided by paragraphs (b)(2)
			 through (b)(4) of this subsection, the standards of this section do not apply
			 to a new hazardous waste incineration unit that becomes subject to RCRA permit
			 requirements after October 12, 2005; or no longer apply when an owner or
			 operator of an existing hazardous waste incineration unit demonstrates
			 compliance with the maximum achievable control technology (MACT) requirements
			 of 40 CFR Part 63, Subpart EEE, by conducting a comprehensive performance test
			 and submitting to the Administrator a Notification of Compliance under
			 40 CFR
			 63.1207(j) and
			 63.1210(d)
			 documenting compliance with the requirements of 40 CFR Part 63, subpart EEE.
			 Nevertheless, even after this demonstration of compliance with the MACT
			 standards, RCRA permit conditions that were based on the standards of this part
			 will continue to be in effect until they are removed from the permit or the
			 permit is terminated or revoked, unless the permit expressly provides
			 otherwise.
(2) The MACT standards
			 do not replace the closure requirements of § 264.351 of this rule, or the
			 applicable requirements of subsections A through H, BB and CC of this
			 section.
(3) The particulate matter
			 standard of § 264.343(c) remains in effect for incinerators that elect to
			 comply with the alternative to the particulate matter standard of 40 CFR Parts
			 63.1206(b)(14) and 63.1219(e).
(4)
			 The following requirements remain in effect for startup, shutdown, and
			 malfunction events if you elect to comply with § 270.235(a)(1)(i) of this
			 rule to minimize emissions of toxic compounds from these events:
(i) Section 264.345(a) requiring that an
			 incinerator operate in accordance with operating requirements specified in the
			 permit; and
(ii) Section 264.345(c)
			 requiring compliance with the emission standards and operating requirements
			 during startup and shutdown if hazardous waste is in the combustion chamber,
			 except for particular hazardous wastes.
(c) After consideration of the waste analysis
			 included with Part B of the permit application, the Director, in establishing
			 the permit conditions, must exempt the applicant from all requirements of this
			 Subsection except § 264.341 (Waste analysis) and § 264.351 (Closure),
(1) If the Director finds that the waste to
			 be burned is:
(i) Listed as a hazardous waste
			 in Section 261, Subsection D, of this rule solely because it is ignitable
			 (Hazard Code I), corrosive (Hazard Code C), or both; or
(ii) Listed as a hazardous waste in Section
			 261, Subsection D, of this rule solely because it is reactive (Hazard Code R)
			 for characteristics other than those listed in § 261.23(a) (4) and (5),
			 and will not be burned when other hazardous wastes are present in the
			 combustion zone; or
(iii) A
			 hazardous waste solely because it possesses the characteristic of ignitability,
			 corrosivity, or both, as determined by the test for characteristics of
			 hazardous wastes under Section 261, Subsection C, of this rule; or
(iv) A hazardous waste solely because it
			 possesses any of the reactivity characteristics described by § 261.23(a)
			 (1), (2), (3), (6), (7), and (8) of this rule, and will not be burned when
			 other hazardous wastes are present in the combustion zone; and
(2) If the waste
			 analysis shows that the waste contains none of the hazardous constituents
			 listed in Section 261, Appendix VIII, of this rule, which would reasonably be
			 expected to be in the waste.
(d) If the waste to be burned is one which is
			 described by paragraphs (b)(1)(i), (ii), (iii), or (iv) of this section and
			 contains insignificant concentrations of the hazardous constituents listed in
			 Section 261, Appendix VIII, of this rule, then the Director may, in
			 establishing permit conditions, exempt the applicant from all requirements of
			 this Subsection, except § 264.341 (Waste analysis) and § 264.351
			 (Closure), after consideration of the waste analysis included with Part B of
			 the permit application, unless the Director finds that the waste will pose a
			 threat to human health and the environment when burned in an
			 incinerator.
(e) The owner or
			 operator of an incinerator may conduct trial burns subject only to the
			 requirements of § 270.62 of this rule (Short term and incinerator
			 permits).
§ 264.341
Waste analysis
(a) As a portion
			 of the trial burn plan required by § 270.62 of this rule, or with Part B
			 of the permit application, the owner or operator must have included an analysis
			 of the waste feed sufficient to provide all information required by §
			 270.62(b) or § 270.19 of this rule. Owners or operators of new hazardous
			 waste incinerators must provide the information required by § 270.62(c) or
			 § 270.19 of this rule to the greatest extent possible.
(b) Throughout normal operation the owner or
			 operator must conduct sufficient waste analysis to verify that waste feed to
			 the incinerator is within the physical and chemical composition limits
			 specified in his permit (under § 264.345(b)).
§ 264.342
Principal organic
			 hazardous constituents (POHCs)
(a)
			 Principal Organic Hazardous Constituents (POHCs) in the waste feed must be
			 treated to the extent required by the performance standard of §
			 264.343.
(b)
(1) One or more POHCs will be specified in
			 the facility's permit, from among those constituents listed in Section 261,
			 Appendix VIII of this rule, for each waste feed to be burned. This
			 specification will be based on the degree of difficulty of incineration of the
			 organic constituents in the waste and on their concentration or mass in the
			 waste feed, considering the results of waste analyses and trial burns or
			 alternative data submitted with Part B of the facility's permit application.
			 Organic constituents which represent the greatest degree of difficulty of
			 incineration will be those most likely to be designated as POHCs. Constituents
			 are more likely to be designated as POHCs if they are present in large
			 quantities or concentrations in the waste.
(2) Trial POHCs will be designated for
			 performance of trial burns in accordance with the procedure specified in §
			 270.62 of this rule for obtaining trial burn
			 permits.
§
			 264.343
Performance standards
An incinerator burning hazardous waste must be designed,
				constructed, and maintained so that, when operated in accordance with operating
				requirements specified under § 264.345, it will meet the following
				performance standards:
(a)
(1) Except as provided in paragraph (a)(2) of
			 this section, an incinerator burning hazardous waste must achieve a destruction
			 and removal efficiency (DRE) of 99.99% for each principal organic hazardous
			 constituent (POHC) designated (under § 264.342) in its permit for each
			 waste feed. DRE
Click here to view
				image
is determined for each POHC from the following equation:
where:
W = mass feed rate of one principal organic hazardous
				constituent (POHC) in the waste stream in feeding the incinerator, and
W = mass emission rate of the same POHC present in exhaust
				emissions prior to release to out the atmosphere.
(2) An incinerator burning hazardous wastes
			 F020, F021, F022, F023, F026, or F027 must achieve a destruction and removal
			 efficiency (DRE) of 99.9999% for each principal organic hazardous constituent
			 (POHC) designated (under § 264.342) in its permit. This performance must
			 be demonstrated on POHCs that are more difficult to incinerate than tetra-,
			 penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined
			 for each POHC from the equation in § 264.343(a)(1).
(b) An incinerator burning hazardous waste
			 and producing stack emissions of more than 1.8 kilograms per hour (4 pounds per
			 hour) of hydrogen chloride (HCl) must control HCl emissions such that the rate
			 of emission is no greater than the larger of either 1.8 kilograms per hour or
			 1% of the HCl in the stack gas prior to entering any pollution control
			 equipment.
(c) An incinerator
			 burning hazardous waste must not emit particulate matter in excess of 180
			 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic
			 foot) when corrected for the amount of oxygen in the stack gas according to the
			 formula:
Click here to view
				image
Where P is the corrected concentration of particulate matter, P
				is the measured concentration cm of particulate matter, and Y is the measured
				concentration of oxygen in the stack gas, using the
Orsat method for oxygen analysis of dry flue gas, presented in
				part 60, Appendix A (Method 3),
of this section. This correction procedure is to be used by all
				hazardous waste incinerators except those operating under conditions of oxygen
				enrichment. For these facilities, the Director will select an appropriate
				correction procedure, to be specified in the facility permit.
(d) For purposes of permit enforcement,
			 compliance with the operating requirements specified in the permit (under
			 § 264.345) will be regarded as compliance with this section. However,
			 evidence that compliance with those permit conditions is insufficient to ensure
			 compliance with the performance requirements of this section may be
			 "information" justifying modification, revocation, or reissuance of a permit
			 under § 270.41 of this rule.
§ 264.344
Hazardous waste
			 incinerator permits
(a) The owner or
			 operator of a hazardous waste incinerator may burn only wastes specified in his
			 permit and only under operating conditions specified for those wastes under
			 § 264.345, except:
(1) In approved trial
			 burns under § 270.62 of this rule; or
(2) Under exemptions created by §
			 264.340.
(b) Other
			 hazardous wastes may be burned only after operating conditions have been
			 specified in a new permit or a permit modification as applicable. Operating
			 requirements for new wastes may be based on either trial burn results or
			 alternative data included with Part B of a permit application under §
			 270.19 of this rule.
(c) The permit
			 for a new hazardous waste incinerator must establish appropriate conditions for
			 each of the applicable requirements of this Subsection, including but not
			 limited to allowable waste feeds and operating conditions necessary to meet the
			 requirements of § 264.345, sufficient to comply with the following
			 standards:
(1) For the period beginning with
			 initial introduction of hazardous waste to the incinerator and ending with
			 initiation of the trial burn, and only for the minimum time required to
			 establish operating conditions required in paragraph (c)(2) of this section,
			 not to exceed a duration of 720 hours operating time for treatment of hazardous
			 waste, the operating requirements must be those most likely to ensure
			 compliance with the performance standards of § 264.343, based on the
			 Director's engineering judgment. The Director may extend the duration of this
			 period once for up to 720 additional hours when good cause for the extension is
			 demonstrated by the applicant.
(2)
			 For the duration of the trial burn, the operating requirements must be
			 sufficient to demonstrate compliance with the performance standards of §
			 264.343 and must be in accordance with the approved trial burn plan;
(3) For the period immediately following
			 completion of the trial burn, and only for the minimum period sufficient to
			 allow sample analysis, data computation, and submission of the trial burn
			 results by the applicant, and review of the trial burn results and modification
			 of the facility permit by the Director, the operating requirements must be
			 those most likely to ensure compliance with the performance standards of §
			 264.343, based on the Director's engineering judgement.
(4) For the remaining duration of the permit,
			 the operating requirements must be those demonstrated, in a trial burn or by
			 alternative data specified in § 270.19(c) of this rule, as sufficient to
			 ensure compliance with the performance standards of §
			 264.343.
§
			 264.345
Operating requirements
(a) An incinerator must be operated in
			 accordance with operating requirements specified in the permit. These will be
			 specified on a case-by-case basis as those demonstrated (in a trial burn or in
			 alternative data as specified in § 264.344(b) and included with Part B of
			 a facility's permit application) to be sufficient to comply with the
			 performance standards of § 264.343.
(b) Each set of operating requirements will
			 specify the composition of the waste feed (including acceptable variations in
			 the physical or chemical properties of the waste feed which will not affect
			 compliance with the performance requirement of § 264.343) to which the
			 operating requirements apply. For each such waste feed, the permit will specify
			 acceptable operating limits including the following conditions:
(1) Carbon monoxide (CO) level in the stack
			 exhaust gas;
(2) Waste feed
			 rate;
(3) Combustion
			 temperature;
(4) An appropriate
			 indicator of combustion gas velocity;
(5) Allowable variations in incinerator
			 system design or operating procedures; and
(6) Such other operating requirements as are
			 necessary to ensure that the performance standards of § 264.343 are
			 met.
(c) During start-up
			 and shut-down of an incinerator, hazardous waste (except wastes exempted in
			 accordance with § 264.340) must not be fed into the incinerator unless the
			 incinerator is operating within the conditions of operation (temperature, air
			 feed rate, etc.) specified in the permit.
(d) Fugitive emissions from the combustion
			 zone must be controlled by:
(1) Keeping the
			 combustion zone totally sealed against fugitive emissions; or
(2) Maintaining a combustion zone pressure
			 lower than atmospheric pressure; or
(3) An alternate means of control
			 demonstrated (with Part B of the permit application) to provide fugitive
			 emissions control equivalent to maintenance of combustion zone pressure lower
			 than atmospheric pressure.
(e) An incinerator must be operated with a
			 functioning system to automatically cut off waste feed to the incinerator when
			 operating conditions deviate from limits established under paragraph (a) of
			 this section.
(f) An incinerator
			 must cease operation when changes in waste feed, incinerator design, or
			 operating conditions exceed limits designated in its permit.
§ 264.346
[Reserved]
§ 264.347
Monitoring and inspections
(a)
			 The owner or operator must conduct, as a minimum, the following monitoring
			 while incinerating hazardous waste:
(1)
			 Combustion temperature, waste feed rate, and the indicator of combustion gas
			 velocity specified in the facility permit must be monitored on a continuous
			 basis.
(2) CO must be monitored on
			 a continuous basis at a point in the incinerator downstream of the combustion
			 zone and prior to release to the atmosphere.
(3) Upon request by the Director, sampling
			 and analysis of the waste and exhaust emissions must be conducted to verify
			 that the operating requirements established in the permit achieve the
			 performance standards of § 264.343.
(b) The incinerator and associated equipment
			 (pumps, valves, conveyors, pipes, etc.) must be subjected to thorough visual
			 inspection, at least daily, for leaks, spills, fugitive emissions, and signs of
			 tampering.
(c) The emergency waste
			 feed cutoff system and associated alarms must be tested at least weekly to
			 verify operability, unless the applicant demonstrates to the Director that
			 weekly inspections will unduly restrict or upset operations and that less
			 frequent inspection will be adequate. At a minimum, operational testing must be
			 conducted at least monthly.
(d)
			 This monitoring and inspection data must be recorded and the records must be
			 placed in the operating log required by § 264.73 and maintained in the
			 operating record for five years.
§§ 264.348 -- 264.350 [Reserved]
§ 264.351
Closure
At closure the owner or operator must remove all hazardous
				waste and hazardous waste residues (including, but not limited to, ash,
				scrubber waters, and scrubber sludges) from the incinerator site.
[Comment: At closure, as throughout the operating period,
				unless the owner or operator can demonstrate, in accordance with §
				261.3(d) of this rule, that the residue removed from the incinerator is not a
				hazardous waste, the owner or operator becomes a generator of hazardous waste
				and must manage it in accordance with applicable requirements of sections 262
				through 266 of this rule.]
Subsections P
-R
			 [Reserved]
Subsection S
-- Special Provisions for Cleanup
§
			 264.550
Applicability of Corrective Action Management Unit
			 (CAMU) Rules
(a) Except as provided in
			 paragraph (b) of this section, CAMUs are subject to the requirements of §
			 264.552.
(b) CAMUs that were
			 approved before April 22, 2002, or for which substantially complete
			 applications (or equivalents) were submitted to the Division or EPA on or
			 before November 20, 2000, are subject to the requirements in § 264.551 for
			 grandfathered CAMUs; CAMU waste, activities, and design will not be subject to
			 the standards in § 264.552, so long as the waste, activities, and design
			 remain within the general scope of the CAMU as approved.
§ 264.551
Grandfathered Corrective
			 Action Management Units
(a) To
			 implement remedies under § 264.101 of this rule, or the Arkansas Remedial
			 Trust Fund Act (A.C.A. § 8-7-501 et seq.), or to implement remedies at a
			 permitted facility that is not subject to § 264.101, the Director may
			 designate an area at the facility as a corrective action management unit under
			 the requirements in this subsection. Corrective action management unit means an
			 area within a facility that is used only for managing remediation wastes for
			 implementing corrective action or cleanup at the facility. A CAMU must be
			 located within the contiguous property under the control of the owner or
			 operator where the wastes to be managed in the CAMU originated. One or more
			 CAMUs may be designated at a facility.
(1)
			 Placement of remediation wastes into or within a CAMU does not constitute land
			 disposal of hazardous wastes.
(2)
			 Consolidation or placement of remediation wastes into or within a CAMU does not
			 constitute creation of a unit subject to minimum technology
			 requirements.
(b)
(1) The Director may designate a regulated
			 unit (as defined in § 264.90(a)(2)) as a CAMU, or may incorporate a
			 regulated unit into a CAMU, if:
(i) The
			 regulated unit is closed or is closing, meaning it has begun the closure
			 process under § 264.113 or 265.113; and
(ii) Inclusion of the regulated unit will
			 enhance implementation of effective, protective, and reliable remedial actions
			 for the facility.
(2) The
			 Subsection F, G, and H requirements and the unit-specific requirements of
			 Sections 264 or 265 of this rule that applied to that regulated unit will
			 continue to apply to that portion of the CAMU after incorporation into the
			 CAMU.
(c) The Director
			 shall designate a CAMU in accordance with the following:
(1) The CAMU shall facilititate the
			 implementation of reliable, effective, protective, and cost-effective
			 remedies;
(2) Waste management
			 activities associated with the CAMU shall not create unacceptable risks to
			 humans or to the environment resulting from exposure to hazardous wastes or
			 hazardous constituents;
(3) The
			 CAMU itself shall include uncontaminated areas of the facility only if
			 including such areas for the purpose of managing remediation waste is more
			 protective than management of such wastes at contaminated areas of the
			 facility;
(4) Areas within the
			 CAMU, where wastes remain in place after closure of the CAMU, shall be managed
			 and contained so as to minimize future releases to the extent
			 practicable;
(5) The CAMU shall
			 expedite the timing of remedial activity implementation, when appropriate and
			 practicable;
(6) The CAMU shall
			 enable the use, when appropriate, of treatment technologies (including
			 innovative technologies) to enhance the long-term effectiveness of remedial
			 actions by reducing the toxicity, mobility, or volume of wastes that will
			 remain in place after closure of the CAMU; and
(7) The CAMU shall, to the extent
			 practicable, minimize the land area of the facility upon which wastes will
			 remain in place after closure of the CAMU.
(d) The owner/operator shall provide
			 sufficient information to enable the Director to designate a CAMU in accordance
			 with the criteria in § 264.552.
(e) The Director shall specify, in the permit
			 or order, requirements for CAMUs to include the following:
(1) The areal configuration of the
			 CAMU.
(2) Requirements for
			 remediation waste management to include the specification of applicable design,
			 operation, and closure requirements.
(3) Requirements for groundwater monitoring
			 that are sufficient to:
(i) Continue to detect
			 and to characterize the nature, extent, concentration, direction, and movement
			 of existing releases of hazardous constituents in ground water from sources
			 located within the CAMU; and
(ii)
			 Detect and subsequently characterize releases of hazardous constitutents to
			 groundwater that may occur from areas of the CAMU in which wastes will remain
			 in place after closure of the CAMU.
(4) Closure and post-closure requirements.
(i) Closure of corrective action management
			 units shall:
(A) Minimize the need for
			 further maintenance; and
(B)
			 Control, minimize, or eliminate, to the extent necessary to protect human
			 health and the environment, for areas where wastes remain in place,
			 post-closure escape of hazardous waste, hazardous constituents, leachate,
			 contaminated runoff, or hazardous waste decomposition products to the ground,
			 to surface waters, or to the atmosphere.
(ii) Requirements for closure of CAMUs shall
			 include the following, as appropriate and as deemed necessary by the Director
			 for a given CAMU:
(A) Requirements for
			 excavation, removal, treatment, or containment of wastes;
(B) For areas in which wastes will remain
			 after closure of the CAMU, requirements for capping of such areas;
			 and
(C) Requirements for removal
			 and decontamination of equipment, devices, and structures used in remediation
			 waste management activities within the CAMU.
(iii) In establishing specific closure
			 requirements for CAMUs under 264.552(e), the Director shall consider the
			 following factors:
(A) CAMU
			 characteristics;
(B) Volume of
			 wastes which remain in place after closure,
(C) Potential for releases from the
			 CAMU;
(D) Physical and chemical
			 characteristics of the waste;
(E)
			 Hydrological and other relevant environmental conditions at the facility which
			 may influence the migration of any potential or actual releases; and
(F) Potential for exposure of humans and
			 environmental receptors if releases were to occur from the CAMU.
(iv) Post-closure requirements as
			 necessary to protect human health and the environment, to include, for areas
			 where wastes will remain in place, monitoring and maintenance activities, and
			 the frequency with which such activities shall be performed to ensure the
			 integrity of any cap, final cover, or other containment system.
(f) The
			 Director shall document the rationale for designating CAMUs and shall make such
			 documentation available to the public.
(g) Incorporation of a CAMU into an existing
			 permit must be approved by the Director according to the Division -initiated
			 permit modifications under § 270.41, or according to the permit
			 modification procedures of § 270.42.
(h) The designation of a CAMU does not change
			 the Division's or EPA's existing authority to address clean-up levels,
			 media-specific points of compliance to be applied to remediation at a facility,
			 or other remedy selection decisions.
§ 264.552
Corrective Action
			 Management Units (CAMU)
(a) To
			 implement remedies under § 264.101 or the Arkansas Remedial Trust Fund Act
			 (A.C.A. § 8-7-501
et seq
.), or to implement remedies at
			 a permitted facility that is not subject to § 264.101, the Director may
			 designate an area at the facility as a corrective action management unit under
			 the requirements in this section. Corrective action management unit means an
			 area within a facility that is used only for managing CAMU-eligible wastes for
			 implementing corrective action or cleanup at the facility. A CAMU must be
			 located within the contiguous property under the control of the owner or
			 operator where the wastes to be managed in the CAMU originated. One or more
			 CAMUs may be designated at a facility.
(1)
			 CAMU-eligible waste means :
(i) All solid and
			 hazardous wastes, and all media (including ground water, surface water, soils,
			 and sediments) and debris, that are managed for implementing cleanup.
			 As-generated wastes (either hazardous or nonhazardous) from ongoing industrial
			 operations at a site are not CAMU-eligible wastes.
(ii) Wastes that would otherwise meet the
			 description in paragraph (a)(1)(i) of this section are not ''CAMU-eligible
			 Wastes'' where:
(A) The wastes are hazardous
			 wastes found during cleanup in intact or substantially intact containers,
			 tanks, or other non-land-based units found above ground, unless the wastes are
			 first placed in the tanks, containers or nonland-based units as part of
			 cleanup, or containers or tanks are excavated during the course of cleanup;
			 or
(B) The Director exercises the
			 discretion in paragraph 2) of this section to prohibit the wastes from
			 management in a CAMU.
(iii) Notwithstanding paragraph (a)(1)(i) of
			 this section, where appropriate, as-generated nonhazardous waste may be placed
			 in a CAMU where such waste is being used facilitate treatment or the
			 performance of the CAMU.
(2) The Director may prohibit, where
			 appropriate, the placement of waste in a CAMU where the Director has or
			 receives information that such wastes have not been managed in compliance with
			 applicable land disposal treatment standards of Section 268 of this rule, or
			 applicable unit design requirements of this section, or applicable unit design
			 requirements of Section 265 of this rule, that non-compliance with other
			 applicable requirements of this rule likely contributed to the release of the
			 waste.
(3) Prohibition against
			 placing liquids in CAMUs.
(i) The placement of
			 bulk or noncontainerized liquid hazardous waste or free liquids contained in
			 hazardous waste (whether or not sorbents have been added) in any CAMU is
			 prohibited except where placement of such wastes facilitates the remedy
			 selected for the waste.
(ii) The
			 requirements in § 264.314(c) for placement of containers holding free
			 liquids in landfills apply to placement of a CAMU except where placement
			 facilitates the remedy selected for the waste.
(iii) The placement of any liquid which is
			 not a hazardous waste in a CAMU is prohibited unless such placement facilitates
			 the remedy selected for the waste or a demonstration is made pursuant to §
			 264.314(e).
(iv) The absence or
			 presence of free liquids in either a containerized or a bulk waste must be
			 determined in accordance with § 264.314(b). Sorbents used to treat free
			 liquids in CAMUs must meet the requirements of § 264.314(d).
(4) Placement of
			 CAMU-eligible wastes into or within a CAMU does not constitute land disposal of
			 hazardous wastes.
(5) Consolidation
			 or placement of CAMU-eligible wastes into or within a CAMU does not constitute
			 creation of a unit subject to minimum technology
			 requirements.
(b)
(1) The Director may designate a regulated
			 unit (as defined in § 264.90(a)(2)) as a CAMU, or may incorporate a
			 regulated unit into a CAMU, if:
(i) The
			 regulated unit is closed or closing, meaning it has begun the closure process
			 under § 264.113 or § 265.113 of this rule; and
(ii) Inclusion of the regulated unit will
			 enhance implementation of effective, protective and reliable remedial actions
			 for the facility.
(2)
			 The subsection F, G, and H requirements and the unit-specific requirements of
			 this Section 264 or Section 265 of this rule that applied to the regulated unit
			 will continue to apply to that portion of the CAMU after incorporation into the
			 CAMU.
(c) The Director
			 shall designate a CAMU that will be used for storage and/or treatment only in
			 accordance with paragraph (f) of this section. The Director shall designate all
			 other CAMUs in accordance with the following:
(1) The CAMU shall facilitate the
			 implementation of reliable, effective, protective, and cost-effective
			 remedies;
(2) Waste management
			 activities associated with the CAMU shall not create unacceptable risks to
			 humans or to the environment resulting from exposure to hazardous wastes or
			 hazardous constituents;
(3) The
			 CAMU shall include uncontaminated areas of the facility, only if including such
			 areas for the purpose of managing CAMU-eligible waste is more protective than
			 management of such wastes at contaminated areas of the facility;
(4) Areas within the CAMU, where wastes
			 remain in place after closure of the CAMU, shall be managed and contained so as
			 to minimize future releases, to the extent practicable;
(5) The CAMU shall expedite the timing of
			 remedial activity implementation, when appropriate and practicable;
(6) The CAMU shall enable the use, when
			 appropriate, of treatment technologies (including innovative technologies) to
			 enhance the long-term effectiveness of remedial actions by reducing the
			 toxicity, mobility, or volume of wastes that will remain in place after closure
			 of the CAMU; and
(7) The CAMU
			 shall, to the extent practicable, minimize the land area of the facility upon
			 which wastes will remain in place after closure of the
			 CAMU.
(d) The
			 owner/operator shall provide sufficient information to enable the Director to
			 designate a CAMU in accordance with the criteria in this section. This must
			 include, unless not reasonably available, information on:
(1) The origin of the waste and how it was
			 subsequently managed (including a description of the timing and circumstances
			 surrounding the disposal and/or release);
(2) Whether the waste was listed or
			 identified as hazardous at the time of disposal and/or release; and
(3) Whether the disposal and/or release of
			 the waste occurred before or after the land disposal requirements of Section
			 268 of this rule were in effect for the waste listing or
			 characteristic.
(e) The
			 Director shall specify, in the permit or order, requirements for CAMUs to
			 include the following:
(1) The areal
			 configuration of the CAMU.
(2)
			 Except as provided in paragraph (g) of this section, requirements for
			 CAMU-eligible waste management to include the specification of applicable
			 design, operation, treatment and closure requirements.
(3) Minimum design requirements. CAMUs,
			 except as provided in paragraph (f) of this section, into which wastes are
			 placed must be designed in accordance with the following:
(i) Unless the Director approves alternate
			 requirements under paragraph (e)(3)(ii) of this section, CAMUs that consist of
			 new, replacement, or laterally expanded units must include a composite liner
			 and a leachate collection system that is designed and constructed to maintain
			 less than a 30-cm depth of leachate over the liner. For purposes of this
			 section,
composite liner
means a system consisting of two
			 components; the upper component must consist of a minimum 30-mil flexible
			 membrane liner (FML), and the lower component must consist of at least a
			 two-foot layer of compacted soil with a hydraulic conductivity of no more than
			 1x10 
			 - 7cm/sec. FML components consisting of
			 high density polyethylene (HDPE) must be at least 60 mil thick. The FML
			 component must be installed in direct and uniform contact with the compacted
			 soil component;
(ii) Alternate
			 requirements. The Director may approve alternate requirements if:
(A) The Director finds that alternate design
			 and operating practices, together with location characteristics, will prevent
			 the migration of any hazardous constituents into the ground water or surface
			 water at least as effectively as the liner and leachate collection systems in
			 paragraph (e)(3)(i) of this section; or
(B) The CAMU is to be established in an area
			 with existing significant levels of contamination, and the Director finds that
			 an alternative design, including a design that does not include a liner, would
			 prevent migration from the unit that would exceed long-term remedial
			 goals.
(4)
			 Minimum treatment requirements: Unless the wastes will be placed in a CAMU for
			 storage and/or treatment only in accordance with paragraph (f) of this section,
			 CAMU-eligible wastes that, absent this section, would be subject to the
			 treatment requirements of Section 268 of this rule, and that the Director
			 determines contain principal hazardous constituents must be treated to the
			 standards specified in paragraph (e)(4)(iii) of this section.
(i) Principal hazardous constituents are
			 those constituents that the Director determines pose a risk to human health and
			 the environment substantially higher than the cleanup levels or goals at the
			 site.
(A) In general, the Director will
			 designate as principal hazardous constituents:
(1) Carcinogens that pose a potential direct
			 risk from ingestion or inhalation at the site at or above
			 10-3 ; and
(2) Non-carcinogens that pose a potential
			 direct risk from ingestion or inhalation at the site an order of magnitude or
			 greater over their reference dose.
(B) The Director will also designate
			 constituents as principal hazardous constituents, where appropriate, when risks
			 to human health and the environment posed by the potential migration of
			 constituents in wastes to ground water are substantially higher than cleanup
			 levels or goals at the site; when making such designation, the Director may
			 consider such factors as constituent concentrations, and fate and transport
			 characteristics under site conditions.
(C) The Director may also designate other
			 constituents as principal hazardous constituents that the Director determines
			 pose a risk to human health and the environment substantially higher than the
			 cleanup levels or goals at the site.
(ii) In determining which constituents are
			 "principal hazardous constituents," the Director must consider all constituents
			 which, absent this section, would be subject to the treatment requirements in
			 Section 268 of this rule.
(iii)
			 Waste that the Director determines contains principal hazardous constituents
			 must meet treatment standards determined in accordance with paragraph
			 (e)(4)(iv) or (e)(4)(v) of this section.
(iv) Treatment standards for wastes placed in
			 CAMUs.
(A) For non-metals, treatment must
			 achieve 90 percent reduction in total principal hazardous constituent
			 concentrations, except as provided by paragraph (e)(4)(iv)(C) of this
			 section.
(B) For metals, treatment
			 must achieve 90 percent reduction in principal hazardous constituent
			 concentrations as measured in leachate from the treated waste or media (tested
			 according to the TCLP) or 90 percent reduction in total constituent
			 concentrations (when a metal removal treatment technology is used), except as
			 provided by paragraph (e)(4)(iv)(C) of this section.
(C) When treatment of any principal hazardous
			 constituent to a 90 percent reduction standard would result in a concentration
			 less than 10 times the Universal Treatment Standard for that constituent,
			 treatment to achieve constituent concentrations less than 10 times the
			 Universal Treatment Standard not required. Universal Treatment Standards are
			 identified in § 268.48 Table UTS of this rule.
(D) For waste exhibiting the hazardous
			 characteristic of ignitability, corrosivity or reactivity, the waste must also
			 be treated to eliminate these characteristics.
(E) For debris, the debris must be treated in
			 accordance with § 268.45 of this rule, or by methods or to levels
			 established under paragraphs (e)(4)(iv)(A) through (D) or paragraph e)(4)(v) of
			 this section, whichever the Director determines is appropriate.
(F) Alternatives to TCLP. For metal bearing
			 wastes for which metals removal treatment is not used, the Director may specify
			 a leaching test other than the TCLP (SW-846 Method 1311, § 260.11(c)(3)(v)
			 of this rule) to measure treatment effectiveness, provided the Director
			 determines that an alternative leach testing protocol is appropriate for use,
			 and that the alternative more accurately reflects conditions at the site that
			 affect leaching.
(v)
			 Adjusted standards. The Director may adjust the treatment level or method in
			 paragraph (e)(4)(iv) this section to a higher or lower level, based on one or
			 more of the following factors, as appropriate. The adjusted level or method
			 must be protective of human health and the environment:
(A) The technical impracticability of
			 treatment to the levels or by the methods in paragraph (e)(4)(iv) of this
			 section;
(B) The levels or methods
			 in paragraph (e)(4)(iv) of this section would result in concentrations of
			 principal hazardous constituents (PHCs) that are significantly above or below
			 cleanup standards applicable to the site (established either site-specifically,
			 or promulgated under state or federal law);
(C) The views of the affected local community
			 on the treatment levels or methods in paragraph (e)(4)(iv) of this section as
			 applied at the site, and, for treatment levels, the treatment methods necessary
			 to achieve these levels;
(D) The
			 short-term risks presented by the on-site treatment method necessary to achieve
			 the levels or treatment methods in paragraph (e)(4)(iv) of this
			 section;
(E) The long-term
			 protection offered by the engineering design of the CAMU and related
			 engineering controls:
(1) Where the treatment
			 standards in paragraph (e)(4)(iv) of this section are substantially met and the
			 principal hazardous constituents in the waste or residuals are of very low
			 mobility; or
(2) Where
			 cost-effective treatment has been used and the CAMU meets the Subtitle C liner
			 and leachate collection requirements for new land disposal units at §
			 264.301(c) and (d); or
(3) Where,
			 after review of appropriate treatment technologies, the Director determines
			 that cost-effective treatment is not reasonably available, and the CAMU meets
			 the Subtitle C liner and leachate collection requirements for new land disposal
			 units at § 264.301(c) and (d); or
(4) Where cost-effective treatment has been
			 used and the principal hazardous constituents in the treated wastes are of very
			 low mobility; or
(5) Where, after
			 review of appropriate treatment technologies, the Director determines that
			 cost-effective treatment is not reasonably available, the principal hazardous
			 constituents in the wastes are of very low mobility, and either the CAMU meets
			 or exceeds the liner standards for new, replacement, or laterally expanded
			 CAMUs in paragraphs (e)(3)(i) and (ii) of this section, or the CAMU provides
			 substantially equivalent or greater protection.
(vi) The treatment required by the treatment
			 standards must be completed prior to, or within a reasonable time after,
			 placement in the CAMU.
(vii) For
			 the purpose of determining whether wastes placed in CAMUs have met
			 site-specific treatment standards, the Director may, as appropriate, specify a
			 subset of the principal hazardous constituents in the waste as analytical
			 surrogates for determining whether treatment standards have been met for other
			 principal hazardous constituents. This specification will be based on the
			 degree of difficulty of treatment and analysis of constituents with similar
			 treatment properties.
(5) Except as provided in paragraph (f) of
			 this section, requirements for ground water monitoring and corrective action
			 that are sufficient to:
(i) Continue to
			 detect and to characterize the nature, extent, concentration, direction, and
			 movement of existing releases of hazardous constituents in ground water from
			 sources located within the CAMU; and
(ii) Detect and subsequently characterize
			 releases of hazardous constituents to ground water that may occur from areas of
			 the CAMU in which wastes will remain in place after closure of the CAMU;
			 and
(iii) Require notification to
			 the Director and corrective action as necessary to protect human health and the
			 environment for releases to ground water from the CAMU.
(6) Except as provided in paragraph (f) of
			 this section, closure and post-closure requirements:
(i) Closure of corrective action management
			 units shall:
(A) Minimize the need for further
			 maintenance; and
(B) Control,
			 minimize, or eliminate, to the extent necessary to protect human health and the
			 environment, for areas where wastes remain in place, post-closure escape of
			 hazardous wastes, hazardous constituents, leachate, contaminated runoff, or
			 hazardous waste decomposition products to the ground, to surface waters, or to
			 the atmosphere.
(ii)
			 Requirements for closure of CAMUs shall include the following, as appropriate
			 and as deemed necessary by the Director for a given CAMU:
(A) Requirements for excavation, removal,
			 treatment or containment of wastes; and
(B) Requirements for removal and
			 decontamination of equipment, devices, and structures used in CAMU-eligible
			 waste management activities within the CAMU.
(iii) In establishing specific closure
			 requirements for CAMUs under paragraph (e) of this section, the Director shall
			 consider the following factors:
(A) CAMU
			 characteristics;
(B) Volume of
			 wastes which remain in place after closure;
(C) Potential for releases from the
			 CAMU;
(D) Physical and chemical
			 characteristics of the waste;
(E)
			 Hydrogeological and other relevant environmental conditions at the facility
			 which may influence the migration of any potential or actual releases;
			 and
(F) Potential for exposure of
			 humans and environmental receptors if releases were to occur from the CAMU.
(iv) Cap requirements:
(A) At final closure of the CAMU, for areas
			 in which wastes will remain after closure of the CAMU, with constituent
			 concentrations at or above remedial levels or goals applicable to the site, the
			 owner or operator must cover the CAMU with a final cover designed and
			 constructed to meet the following performance criteria, except as provided
			 paragraph (e)(6)(iv)(B) of this section:
(1)
			 Provide long-term minimization of migration of liquids through the closed
			 unit;
(2) Function with minimum
			 maintenance;
(3) Promote drainage
			 and minimize erosion or abrasion of the cover;
(4) Accommodate settling and subsidence so
			 that the cover's integrity maintained; and
(5) Have a permeability less than or equal to
			 the permeability of any bottom liner system or natural subsoils
			 present.
(B) The
			 Director may determine that modifications to paragraph (e)(6)(iv)(A) of this
			 section are needed to facilitate treatment or the performance of the CAMU
			 (e.g., to promote biodegradation).
(v) Post-closure requirements as necessary to
			 protect human health and the environment, to include, for areas where wastes
			 will remain in place, monitoring and maintenance activities, and the frequency
			 with which such activities shall be performed to ensure the integrity of any
			 cap, final cover, or other containment system.
(f)
			 CAMUs used for storage and/or treatment only are CAMUs in which wastes will not
			 remain after closure. Such CAMUs must be designated in accordance with all of
			 the requirements this section, except as follows.
(1) CAMUs that are used for storage and/or
			 treatment only and that operate accordance with the time limits established in
			 the staging pile rules at § 264.554(d)(1)(iii), (h), and (i) are subject
			 to the requirements for staging piles at § 264.554(d)(1)(i) and ii),
			 § 264.554(d)(2), § 264.554(e) and (f), and § 264.554(j) and (k)
			 in lieu of the performance standards and requirements for CAMUs in this section
			 at paragraphs (c) and (e)(3) through (6).
(2) CAMUs that are used for storage and/or
			 treatment only and that do not operate in accordance with the time limits
			 established in the staging pile rules at § 264.554(d)(1)(iii), (h), and
			 (i):
(i) Must operate in accordance with a
			 time limit, established by the Director, that is no longer than necessary to
			 achieve a timely remedy selected for the waste, and
(ii) Are subject to the requirements for
			 staging piles at § 264.554(d)(1)(i) and (ii), § 264.554(d)(2), §
			 264.554(e) and (f), and § 264.554(j) and (k) in lieu of the performance
			 standards and requirements for CAMUs in this section at paragraphs (c) and
			 (e)(4) and (6). (g) CAMUs into which wastes are placed where all wastes have
			 constituent levels at or below remedial levels or goals applicable to the site
			 do not have to comply with the requirements for liners at paragraph (e)(3)(i)
			 of this section, caps at paragraph (e)(6)(iv) of this section, ground water
			 monitoring requirements at paragraph (e)(5) of this section or, for treatment
			 and/or storage-only CAMUs, the design standards at paragraph (f) of this
			 section.
(g)
			 CAMUs into which wastes are placed where all wastes have constituent levels at
			 or below remedial levels or goals applicable to the site do not have to comply
			 with the requirements for liners at paragraph (e)(3)(i) of this section, caps
			 at paragraph (e)(6)(iv) of this section, ground water monitoring requirements
			 at paragraph (e)(5) of this section or, for treatment and/or storage-only
			 CAMUs, the design standards at paragraph (f) of this section.
(h) The Director shall provide public notice
			 and a reasonable opportunity for public comment before designating a CAMU. Such
			 notice shall include the rationale for any proposed adjustments under paragraph
			 (e)(4)(v) of this section to the treatment standards in paragraph (e)(4)(iv) of
			 this section.
(i) Notwithstanding
			 any other provision of this section, the Director may impose additional
			 requirements as necessary to protect human health and the
			 environment.
(j) Incorporation of a
			 CAMU into an existing permit must be approved by the Director according to the
			 procedures for Division -initiated permit modifications under § 270.41 of
			 this rule, or according to the permit modification procedures of § 270.42
			 of this rule.
(k) The designation
			 of a CAMU does not change DEQ's existing authority to address clean-up levels,
			 media-specific points of compliance to be applied to remediation at a facility,
			 or other remedy selection decisions.
§ 264.553
Temporary Units
(a) For temporary tanks and container storage
			 areas used to treat or store hazardous remediation wastes during remedial
			 activities required under § 264.101 of this rule or the Arkansas Remedial
			 Action Trust Fund Act (A.C.A. §§ 8-7-501 et seq.), or at a permitted
			 facility that is not subject to § 264.101, the Director may designate a
			 unit at the facility as a temporary unit. A temporary unit must be located
			 within the contiguous property under the control of the owner/operator where
			 the wastes to be managed in the temporary unit originated. For temporary units,
			 the Director may replace the design, operating, or closure standard applicable
			 to these units under this Section 264 or Section 265 of this rule with
			 alternative requirements which protect human health and the
			 environment.
(b) Any temporary unit
			 to which alternative requirements are applied in accordance with paragraph (a)
			 of this subsection shall be:
(1) Located
			 within the facility boundary; and
(2) Used only for treatment or storage of
			 remediation wastes.
(c)
			 In establishing standards to be applied to a temporary unit, the Director shall
			 consider the following factors:
(1) Length of
			 time such a unit will be in operation;
(2) Type of unit;
(3) Volumes of waste to be managed;
(4) Physical and chemical characteristics of
			 the wastes to be managed in the unit;
(5) Potential for releases from the
			 unit;
(6) Hydrogeological and other
			 relevant environmental conditions at the facility which may influence the
			 migration of any potential releases; and
(7) Potential for exposure of humans and
			 environmental receptors if releases were to occur from the unit.
(d) The Director shall specify in the permit
			 or order the length of time a temporary unit will be allowed to operate, to be
			 no longer than a period of one year. The Director shall also specify the
			 design, operating, and closure requirements for the unit.
(e) The Director may extend the operational
			 period of a temporary unit once for no longer than a period of one year beyond
			 that originally specified in the permit or consent order, if he determines
			 that:
(1) Continued operation of the unit
			 will not pose a threat to human health and the environment; and
(2) Continued operation of the unit is
			 necessary to ensure timely and efficient remedial actions at the
			 facility.
(f)
			 Incorporation of a temporary unit or a time extension for a temporary unit into
			 an existing permit shall be:
(1) Approved in
			 accordance with the procedures for Division -initiated permit modifications
			 under § 270.41; or
(2)
			 Requested by the facility owner/operator as a Class II modification according
			 to the procedures under § 270.42.
(g) The Director shall document the rationale
			 for designating a temporary unit and for granting time extensions for temporary
			 units and shall make such documentation available to the public.
§ 264.554
Staging piles
(This section is written in a special format to make it easier
				to understand the regulatory requirements. Like other Commission rules, this
				establishes enforceable legal requirements. For this section, "I" and "you"
				refer to the owner/operator.)
(a) What
			 is a staging pile? A staging pile is an accumulation of solid, non-flowing
			 remediation waste (as defined in § 260.10 of this rule) that is not a
			 containment building and is used only during remedial operations for temporary
			 storage at a facility. A staging pile must be located within the contiguous
			 property under the control of the owner/operator where the wastes to be managed
			 in the staging pile originated. Staging piles must be designated by the
			 Director according to the requirements in this section.
(1) For the purposes of this section, storage
			 includes mixing, sizing, blending, or other similar physical operations as long
			 as they are intended to prepare the wastes for subsequent management or
			 treatment.
(2)
			 [Reserved]
(b) When may I
			 use a staging pile? You may use a staging pile to store hazardous remediation
			 waste (or remediation waste otherwise subject to land disposal restrictions)
			 only if you follow the standards and design criteria the Director has
			 designated for that staging pile. The Director must designate the staging pile
			 in a permit or, at an interim status facility, in a closure plan or order
			 (consistent with § 270.72(a)(5) and (b)(5) of this rule). The Director
			 must establish conditions in the permit, closure plan, or order that comply
			 with paragraphs (d) through (k) of this section.
(c) What information must I provide to get a
			 staging pile designated? When seeking a staging pile designation, you must
			 provide:
(1) Sufficient and accurate
			 information to enable the Director to impose standards and design criteria for
			 your staging pile according to paragraphs (d) through (k) of this
			 section;
(2) Certification by an
			 independent, qualified, Arkansas-registered professional engineer for technical
			 data, such as design drawings and specifications, and engineering studies,
			 unless the Director determines, based on information that you provide, that
			 this certification is not necessary to ensure that a staging pile will protect
			 human health and the environment; and
(3) Any additional information the Director
			 determines is necessary to protect human health and the
			 environment.
(d) What
			 performance criteria must a staging pile satisfy? The Director must establish
			 the standards and design criteria for the staging pile in the permit, closure
			 plan, or order.
(1) The standards and design
			 criteria must comply with the following:
(i)
			 The staging pile must facilitate a reliable, effective and protective
			 remedy;
(ii) The staging pile must
			 be designed so as to prevent or minimize releases of hazardous wastes and
			 hazardous constituents into the environment, and minimize or adequately control
			 cross-media transfer, as necessary to protect human health and the environment
			 (for example, through the use of liners, covers, run-off/run-on controls, as
			 appropriate); and
(iii) The staging
			 pile must not operate for more than two years, except when the Director grants
			 an operating term extension under paragraph (i) of this section (entitled "May
			 I receive an operating extension for a staging pile?"). You must measure the
			 two-year limit, or other operating term specified by the Director in the
			 permit, closure plan, or order, from the first time you place remediation waste
			 into a staging pile. You must maintain a record of the date when you first
			 placed remediation waste into the staging pile for the life of the permit,
			 closure plan, or order, or for three years, whichever is longer.
(2) In setting the
			 standards and design criteria, the Director must consider the following
			 factors:
(i) Length of time the pile will be
			 in operation;
(ii) Volumes of
			 wastes you intend to store in the pile;
(iii) Physical and chemical characteristics
			 of the wastes to be stored in the unit;
(iv) Potential for releases from the
			 unit;
(v) Hydrogeological and other
			 relevant environmental conditions at the facility that may influence the
			 migration of any potential releases; and
(vi) Potential for human and environmental
			 exposure to potential releases from the unit;
(e) May a staging pile receive ignitable or
			 reactive remediation waste? You must not place ignitable or reactive
			 remediation waste in a staging pile unless:
(1) You have treated, rendered or mixed the
			 remediation waste before you placed it in the staging pile so that:
(i) The remediation waste no longer meets the
			 definition of ignitable or reactive under § 261.21 or § 261.23 of
			 this rule; and
(ii) You have
			 complied with § 264.17(b); or
(2) You manage the remediation waste to
			 protect it from exposure to any material or condition that may cause it to
			 ignite or react.
(f) How
			 do I handle incompatible remediation wastes in a staging pile? The term
			 "incompatible waste" is defined in § 260.10 of this rule. You must comply
			 with the following requirements for incompatible wastes in staging piles:
(1) You must not place incompatible
			 remediation wastes in the same staging pile unless you have complied with
			 § 264.17(b);
(2) If
			 remediation waste in a staging pile is incompatible with any waste or material
			 stored nearby in containers, other piles, open tanks or land disposal units
			 (for example, surface impoundments), you must separate the incompatible
			 materials, or protect them from one another by using a dike, berm, wall or
			 other device; and
(3) You must not
			 pile remediation waste on the same base where incompatible wastes or materials
			 were previously piled, unless the base has been decontaminated sufficiently to
			 comply with § 264.17(b). (g) Are staging piles subject to Land Disposal
			 Restrictions (LDR) and Minimum Technological Requirements (MTR)? No. Placing
			 hazardous remediation wastes into a staging pile does not constitute land
			 disposal of hazardous wastes or create a unit that is subject to the minimum
			 technological requirements of RCRA 3004(o).
(h) How long may I operate a staging pile?
			 The Director may allow a staging pile to operate for up to two years after
			 hazardous remediation waste is first placed into the pile. You must use a
			 staging pile no longer than the length of time designated by the Director in
			 the permit, closure plan, or order (the "operating term"), except as provided
			 in paragraph (i) of this section.
(i) May I receive an operating extension for
			 a staging pile?
(1) The Director may grant one
			 operating term extension of up to 180 days beyond the operating term limit
			 contained in the permit, closure plan, or order (see paragraph (l) of this
			 section for modification procedures). To justify to the Director the need for
			 an extension, you must provide sufficient and accurate information to enable
			 the Director to determine that continued operation of the staging pile:
(i) Will not pose a threat to human health
			 and the environment; and
(ii) Is
			 necessary to ensure timely and efficient implementation of remedial actions at
			 the facility.
(2) The
			 Director may, as a condition of the extension, specify further standards and
			 design criteria in the permit, closure plan, or order, as necessary, to ensure
			 protection of human health and the environment.
(j) What is the closure requirement for a
			 staging pile located in a previously contaminated area?
(1) Within 180 days after the operating term
			 of the staging pile expires, you must close a staging pile located in a
			 previously contaminated area of the site by removing or decontaminating all:
(i) Remediation waste;
(ii) Contaminated containment system
			 components; and
(iii) Structures
			 and equipment contaminated with waste and leachate.
(2) You must also decontaminate contaminated
			 subsoils in a manner and according to a schedule that the Director determines
			 will protect human health and the environment.
(3) The Director must include the above
			 requirements in the permit, closure plan, or order in which the staging pile is
			 designated.
(k) What is
			 the closure requirement for a staging pile located in an uncontaminated area?
(1) Within 180 days after the operating term
			 of the staging pile expires, you must close a staging pile located in an
			 uncontaminated area of the site according to §§ 264.258(a) and
			 264.111; or according to §§ 265.258(a) and 265.111 of this
			 rule.
(2) The Director must include
			 the above requirement in the permit, closure plan, or order in which the
			 staging pile is designated.
(l) How may my existing permit (for example,
			 RAP), closure plan, or order be modified to allow me to use a staging pile?
(1) To modify a permit, other than a RAP, to
			 incorporate a staging pile or staging pile operating term extension, either:
(i) The Director must approve the
			 modification under the procedures for EPA- or State-initiated permit
			 modifications in § 270.41 of this rule; or
(ii) You must request a Class 2 modification
			 under § 270.42 of this rule.
(2) To modify a RAP to incorporate a staging
			 pile or staging pile operating term extension, you must comply with the RAP
			 modification requirements under §§ 270.170 and 270.175 of this
			 rule.
(3) To modify a closure plan
			 to incorporate a staging pile or staging pile operating term extension, you
			 must follow the applicable requirements under § 264.112(c) or §
			 265.112(c) of this rule.
(4) To
			 modify an order to incorporate a staging pile or staging pile operating term
			 extension, you must follow the terms of the order and the applicable provisions
			 of § 270.72(a)(5) or (b)(5) of this rule.
(m) Is information about the staging pile
			 available to the public? The Director must document the rationale for
			 designating a staging pile or staging pile operating term extension and make
			 this documentation available to the public.
§ 264.555
Disposal of
			 CAMU-eligible wastes in permitted hazardous waste landfills
(a) The Director may approve placement of
			 CAMU-eligible wastes in hazardous waste landfills not located at the site from
			 which the waste originated, without the wastes meeting the requirements of
			 Section 268 of this rule, if the conditions in paragraphs (a)(1) through (3) of
			 this section are met:
(1) The waste meets the
			 definition of CAMU-eligible waste in § 264.552(a)(1) and (2).
(2) The Director identifies principal
			 hazardous constitutes in such waste, in accordance with § 264.552(e)(4)(i)
			 and (ii), and requires that such principal hazardous constituents are treated
			 to any of the following standards specified for CAMU-eligible wastes:
(i) The treatment standards under
			 264.552(e)(4)(iv); or
(ii)
			 Treatment standards adjusted in accordance with § 264.552(e)(4)(v)(A),
			 (C), (D) or (E)(
1
); or
(iii) Treatment standards adjusted in
			 accordance with § 264.552(e)(4)(v)(E)(
2)
, where
			 treatment has been used and that treatment significantly reduces the toxicity
			 or mobility of the principal hazardous constituents in the waste, minimizing
			 the short-term and long term threat posed by the waste, including the threat at
			 the remediation site.
(3) The landfill receiving the CAMU-eligible
			 waste must have a RCRA hazardous waste permit, meet the requirements for new
			 landfills in Subsection N of this section, and be authorized to accept
			 CAMU-eligible wastes; for the purposes of this requirement, ''permit'' does not
			 include interim status.
(b) The person seeking approval shall provide
			 sufficient information to enable the Director with regulatory oversight at the
			 location where the cleanup is taking place to approve placement of
			 CAMU-eligible waste in accordance with paragraph (a) this section. Information
			 required by § 264.552(d)(1) through (3) for CAMU applications must be
			 provided, unless not reasonably available.
(c) The Director shall provide public notice
			 and a reasonable opportunity for public comment before approving CAMU eligible
			 waste for placement in an off-site permitted hazardous waste landfill,
			 consistent with the requirements for CAMU approval at § 264.552(h). The
			 approval must be specific to a single remediation.
(d) Applicable hazardous waste management
			 requirements in this part, including recordkeeping requirements to demonstrate
			 compliance with treatment standards approved under this section, for
			 CAMU-eligible waste must be incorporated into the receiving facility permit
			 through permit issuance or a permit modification, providing notice and an
			 opportunity for comment and a hearing. Notwithstanding § 270.4(a) of this
			 rule, a landfill may not receive hazardous CAMU-eligible waste under this
			 section unless its permit specifically authorizes receipt of such
			 waste.
(e) For each remediation,
			 CAMU-eligible waste may not be placed in an off-site landfill authorized to
			 receive CAMU-eligible waste in accordance with paragraph (d) of this section
			 until the following additional conditions have been met:
(1) The landfill owner/operator notifies the
			 Director and persons on the facility mailing list, maintained in accordance
			 with
			 40 CFR
			 124.10(c)(1)(ix), of his or
			 her intent to receive CAMU-eligible waste in accordance with this section; the
			 notice must identify the source of the remediation waste, the principal
			 hazardous constituents in the waste, and treatment requirements.
(2) Persons on the facility mailing list may
			 provide comments, including objections to the receipt of the CAMU-eligible
			 waste, to the Director within 15 days of notification.
(3) The Director may object to the placement
			 of the CAMU-eligible waste in the landfill within 30 days of notification; the
			 Director may extend the review period an additional 30 days because of public
			 concerns or insufficient information.
(4) CAMU-eligible wastes may not be placed in
			 the landfill until the Director has notified the facility owner/operator that
			 he or she does not object to its placement.
(5) If the Director objects to the placement
			 or does not notify the facility owner/operator that he or she has chosen not to
			 object, the facility may not receive the waste, notwithstanding §
			 270.4(a), until the objection has been resolved, or the owner/operator obtains
			 a permit modification in accordance with the procedures of § 270.42
			 specifically authorizing receipt of the waste.
(6) As part of the permit issuance or permit
			 modification process of paragraph (d) of this section, the Director may modify,
			 reduce, or eliminate the notification requirements of this paragraph as they
			 apply to specific categories of CAMU-eligible waste, based on minimal
			 risk.
(f) Generators of
			 CAMU-eligible wastes sent off-site to a hazardous waste landfill under this
			 section must comply with the requirements of § 268.7(a)(4); off-site
			 facilities treating CAMU-eligible wastes to comply with this section must
			 comply with the requirements of § 268.7(b)(4), except that the
			 certification must be with respect to the treatment requirements of paragraph
			 (a)(2) of this section.
(g) For the
			 purposes of this section only, the ''design of the CAMU'' in §
			 264.552(e)(4)(v)(E) means design of the permitted Subtitle C
			 landfill.
Subsections
			 T
-V [Reserved] Subsection W -- Drip Pads
§ 264.570
Applicability
(a) The requirements of this Subsection apply
			 to owners and operators of facilities that use new or existing drip pads to
			 convey treated wood drippage, precipitation, and/or surface water run-off to an
			 associated collection system. Existing drip pads are those constructed before
			 December 6, 1990 and those for which the owner or operator has a design and has
			 entered into binding financial or other agreements for construction prior to
			 December 6, 1990. All other drip pads are new drip pads. The requirement at
			 § 264.573(b)(3) to install a leak collection system applies only to those
			 drip pads that are constructed after December 24, 1992, except for those
			 constructed after December 24, 1992 for which the owner or operator has a final
			 design and has entered into binding financial or other agreements for
			 construction prior to December 24, 1992.
(b) The owner or operator of any drip pad
			 that is inside or under a structure that provides protection from precipitation
			 so that neither run-off nor run-on is generated is not subject to rule under
			 § 264.573(e) or § 264.573(f), as appropriate.
(c) The requirements of this subsection are
			 not applicable to the management of infrequent and incidental drippage in
			 storage yards provided that:
(1) The owner or
			 operator maintains and complies with a written contingency plan that descibes
			 how the owner or operator will respond immediately to the discharge of such
			 infrequent and incidental drippage. At a minimum, the contingency plan must
			 describe how the owner or operator will do the following:
(i) Clean up the drippage;
(ii) Document the cleanup of the
			 drippage;
(iii) Retain documents
			 regarding the cleanup for three years;
(iv) Manage the contaminated media in a
			 manner consistent with this rule.
§ 264.571
Assessment of existing
			 drip pad integrity
(a) For each
			 existing drip pad as defined in § 264.570 of this Subsection, the owner or
			 operator must evaluate the drip pad and determine that it meets all of the
			 requirements of this Subsection, except the requirements for liners and leak
			 detection systems of § 264.573(b). No later than the effective date of
			 this rule, the owner or operator must obtain and keep on file at the facility a
			 written assessment of the drip pad, reviewed and certified by an
independent, qualified Arkansas-registered
professional engineer that
			 attests to the results of the evaluation. The assessment must be reviewed,
			 updated and re-certified annually until all upgrades, repairs, or modifications
			 necessary to achieve compliance with all of the standards of § 264.573 of
			 this Subsection are complete. The evaluation must document the extent to which
			 the drip pad meets each of the design and operating standards of § 264.573
			 except the standards for liners and leak detection systems, specified in §
			 264.573(b).
(b)
For
			 immediate protection of the environment, all existing drip pads, regardless of
			 age, must have an impermeable (as specified at § 264.573(a)(4)(i)) coating
			 or cover in place no later than September 30, 1995
. In addition, the
			 owner or operator must develop a written plan for the eventual upgrading,
			 repairing, and modifying of the drip pad to meet the requirements of §
			 264.573(b) and submit the plan to the Director no later than 2 years before the
			 date that all repairs, upgrades, and modifications are complete. This written
			 plan must describe all changes to be made to the drip pad in sufficient detail
			 to document compliance with all the requirements of § 264.573. The plan
			 must be reviewed and certified by an
independent qualified
			 Arkansas-registered professional engineer.
Note: A properly installed and maintained drip pad
				coating which is installed to meet the September 30, 1995 deadline should
				satisfy the eventual coating option of § 264.573(a)(4).
(c) Upon completion of all
			 upgrades, repairs, and modifications, the owner or operator must submit to the
			 Director the as-built drawings for the drip pad together with a certification
			 by an
independent qualified Arkansas-registered professional
				engineer
attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be
			 leaking or unfit for use, the owner or operator must comply with the provisions
			 of § 264.573 (m) of this Subsection or close the drip pad in accordance
			 with § 264.575 of this Subsection.
§ 264.572
Design and installation
			 of new drip pads
Owners and operators of new drip pads must ensure that the pads
				are designed, installed, and operated in accordance with one of the
				following:
(a) All of the applicable
			 requirements of §§ 264.573 (except 264.573(a)(4)), 264.574 and
			 264.575 of this Subsection, or
(b)
			 All of the applicable requirements of §§ 264.573 (except 264.573(b)),
			 264.574 and 264.575 of this Subsection.
§ 264.573
Design and operating
			 requirements
(a) Drip pads must:
(1) Be constructed of non-earthern materials,
			 excluding wood and non-structurally supported asphalt:
(2) Be sloped to free-drain treated wood
			 drippage, rain and other waters, or solutions of drippage and water or other
			 wastes to the associated collection system;
(3) Have a curb or berm around the
			 perimeter;
(4)
(i) Have a hydraulic conductivity of less
			 than or equal to 1x10-7 centimeters per second,
			 e.g., existing concrete drip pads must be sealed, coated, or covered with a
			 surface material with a hydraulic conductivity of less than or equal to
			 1x10-7 centimeters per second such that the entire
			 surface where drippage occurs or may run across is capable of containing all
			 such drippage and mixtures of drippage and precipitation, materials, or other
			 wastes while being routed to an associated collection system. This surface
			 material must be maintained free of cracks and gaps that could adversely affect
			 its hydraulic conductivity, and the material must be chemically compatible with
			 the preservatives that contact the drip pad. The requirements of this provision
			 apply to existing drip pads, and those drip pads for which the owner or
			 operator elects to comply with § 264.572(b) instead of § 264.572(a).
Penetrating sealants are not adequate to meet this coating or cover
			 requirement.
(ii) The owner
			 or operator must obtain and keep on file at the facility a written assessment
			 (§ 264.571) of the drip pad, reviewed and certified by an
independent, qualified, Arkansas-registered professional engineer
that attests to the results of the evaluation. This assessment must be renewed,
			 updated, and recertified annually. The evaluation must document the extent to
			 which the drip pad meets the design and operating standards of this Subsection.
(5) Be of sufficient
			 structural strength and thickness to prevent failure due to physical contact,
			 climatic conditions, the stress of daily operations, e.g., variable and moving
			 loads such as vehicle traffic, movement of wood, etc.
Note: The Division will generally consider applicable standards
				established by professional organizations generally recognized by the industry
				such as the American Concrete Institute (ACI) or the American Society of
				Testing and Materials (ASTM) in judging the structural integrity requirement of
				this paragraph.
(b) If the owner or operator elects to comply
			 with § 265.572(a) instead of § 264.572(b), the drip pad must have:
(1) A synthetic liner installed below the
			 drip pad that is designed, constructed, and installed to prevent leakage from
			 the drip pad into the adjacent subsurface soil or groundwater or surface water
			 at any time during the active life (including the closure period) of the drip
			 pad. The liner must be constructed of materials that will prevent waste from
			 being absorbed into the liner and to prevent releases into the adjacent
			 subsurface soil or groundwater or surface water during the active life of the
			 facility. The liner must be:
(i) Constructed
			 of materials that have appropriate chemical properties and sufficient strength
			 and thickness to prevent failure due to pressure gradients (including static
			 head and external hydrogeologic forces), physical contact with the waste or
			 drip pad leakage to which they are exposed, climatic conditions, the stress of
			 installation, and the stress of daily operation (including stresses from
			 vehicular traffic on the drip pad);
(ii) Placed upon a foundation or base capable
			 of providing support to the liner and resistance to pressure gradients above
			 and below the liner to prevent failure of the liner due to settlement,
			 compression or uplift; and
(iii)
			 Installed to cover all surrounding earth that could come in contact with the
			 waste or leakage; and
(2) A leakage detection system immediately
			 above the liner that is designed, constructed, maintained and operated to
			 detect leakage from the drip pad. The leakage detection system must be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed
			 in the drip pad and the leakage that might be generated; and
(B) Of sufficient strength and thickness to
			 prevent collapse under the pressures exerted by overlaying materials and by any
			 equipment used at the drip pad;
(ii) Designed and operated to function
			 without clogging through the scheduled closure of the drip pad; and
(iii) Designed so that it will detect the
			 failure of the drip pad or the presence of a release of hazardous waste or
			 accumulated liquid at the earliest practicable time.
(3) A leakage collection system immediately
			 above the liner that is designed, constructed, maintained, and operated to
			 collect leakage from the drip pad such that it can be removed from below the
			 drip pad. The date, time, and quantity of any leakage collected in this system
			 and removed must be documented in the operating log.
(c) Drip pads must be maintained such that
			 they remain free of cracks, gaps, corrosion, or other deterioration that could
			 cause hazardous waste to be released from the drip pad.
Note: See § 264.573(m) for remedial action required if
				deterioration or leakage is detected.
(d) The drip pad and associated collection
			 system must be designed and operated to convey, drain, and collect liquid
			 resulting from drippage or precipitation in order to prevent run-off.
(e) Unless protected by a structure, as
			 described in § 264.570(b) of this subsection, the owner or operator must
			 design, construct, operate and maintain a run-on control system capable of
			 preventing flow onto the drip pad during peak discharge from at least a
			 24-hour, 25-year storm, unless the system has sufficient excess capacity to
			 contain any run-off that might enter the system.
(f) Unless protected by a structure or cover
			 as described in § 264.570(b) of this subsection, the owner or operator
			 must design, construct, operate and maintain a run-off management system to
			 collect and control at least the water volume resulting from a 24-hour, 25-year
			 storm.
(g) The drip pad must be
			 evaluated to determine that it meets the requirements of paragraphs (a) through
			 (f) of this section and the owner or operator must obtain a statement from an
independent,
qualified Arkansas-registered professional engineer
certifying that the drip pad design meets the requirements of this
				section.
(h) Drippage and
			 accumulated precipitation must be removed from the associated collection system
			 as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface must be cleaned
			 thoroughly in a manner and frequency such that accumulated residues of
			 hazardous waste or other materials are removed, with residues being properly
			 managed as hazardous waste, so as to allow weekly inspections of the entire
			 drip pad surface without interference or hindrance from accumulated residues of
			 hazardous wastes or other materials on the drip pad. The owner or operator must
			 document the date and time of each cleaning and the cleaning and the cleaning
			 procedure used in the facility's operating log. The owner/operator must
			 determine if the residues are hazardous as per § 262.11of this rule and,
			 if so, must manage them under Sections 261-279 of this rule and the Arkansas
			 Hazardous Waste Management Act.
(j)
			 Drip pads must be operated and maintained in a manner to minimize tracking of
			 hazardous waste or hazardous waste constituents off the drip pad as a result of
			 activities by personnel or equipment.
(k) After being removed from the treatment
			 vessel, treated wood from pressure and non-pressure processes must be held on
			 the drip pad until drippage has ceased. The owner or operator must maintain
			 records sufficient to document that all treated wood is held on the pad
			 following treatment in accordance with this requirement.
(l) Collection and holding units associated
			 with run-on and run-off control systems must be emptied or otherwise managed as
			 soon as possible after storms to maintain design capacity of the
			 system.
(m) Throughout the active
			 life of the drip pad and as specified in the permit, if the owner or operator
			 detects a condition that may have caused or has caused a release of hazardous
			 waste, the condition must be repaired within a reasonably prompt period of time
			 following discovery, in accordance with the following procedures:
(1) Upon detection of a condition that may
			 have caused or has caused a release of hazardous waste (e.g., upon detection of
			 leakage in the leak detection system), the owner or operator must:
(i) Enter a record of the discovery in the
			 facility operating log;
(ii)
			 Immediately remove the portion of the drip pad affected by the condition from
			 service;
(iii) Determine what steps
			 must be taken to repair the drip pad and clean up any leakage from below the
			 drip pad, and establish a schedule for accomplishing the repairs;
(iv) Within 24 hours after discovery of the
			 condition, notify the Director of the condition and, within 10 working days,
			 provide written notice to the Director with a description of the steps that
			 will be taken to repair the drip pad and clean up any leakage, and the schedule
			 for accomplishing this work.
(2) The Director will review the information
			 submitted, make a determination regarding whether the pad must be removed from
			 service completely or partially until repairs and cleanup are complete and
			 notify the owner or operator of the determination and the underlying rationale
			 in writing.
(3) Upon completing all
			 repairs and cleanup, the owner or operator must notify the Director in writing
			 and provide a certification signed by an
independent, qualified
			 Arkansas-registered professional engineer
, that the repairs and
			 cleanup have been completed according to the written plan submitted in
			 accordance with paragraph (m)(1)(iv) of this section.
(n) Should a permit be necessary, the
			 Director will specify in the permit all design and operating practices that are
			 necessary to ensure that the requirements of this section are
			 satisfied.
(o) The owner or
			 operator must maintain, as part of the facility operating log, documentation of
			 past operating and waste handling practices. This must include identification
			 of preservative formulations used in the past, a description of drippage
			 management practices, and a description of treated wood storage and handling
			 practices.
§
			 264.574
Inspections
(a) During construction or installation,
			 liners and cover systems (e.g., membranes, sheets, or coatings) must be
			 inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin
			 spots, or foreign materials). Immediately after construction or installation,
			 liners must be inspected and certified as meeting the requirements of §
			 264.573 of this subsection by an
independent qualified,
			 Arkansas-registered professional engineer.
This certification must be
			 maintained at the facility as part of the facility operating record. After
			 installation, liners and covers must be inspected to ensure tight seams and
			 joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it must
			 be inspected weekly and after storms to detect evidence of any of the
			 following:
(1) Deterioration, malfunctions or
			 improper operation of run-on and run-off control systems;
(2) The presence of leakage in and proper
			 functioning of leak detection system.
(3) Deterioration or cracking of the drip pad
			 surface.
Note: See § 264.573(m) for remedial action required if
				deterioration or leakage is detected.
§ 264.575
Closure
(a) At closure, the owner or operator must
			 remove or decontaminate all waste residues, contaminated containment system
			 components (pad, liners, etc.), contaminated subsoils, and structures and
			 equipment contaminated with waste and leakage, and manage them as hazardous
			 waste.
(b) If, after removing or
			 decontaminating all residues and making all reasonable efforts to effect
			 removal or decontamination of contaminated components, subsoils, structures,
			 and equipment as required in paragraph (a) of this section, the owner or
			 operator finds that not all contaminated subsoils can be practicably removed or
			 decontaminated, he must close the facility and perform post-closure care in
			 accordance with closure and post-closure care requirements that apply to
			 landfills (§ 264.310). For permitted units, the requirement to have a
			 permit continues throughout the post-closure period. In addition, for the
			 purpose of closure, post-closure, and financial responsibility, such a drip pad
			 is then considered to be landfill, and the owner or operator must meet all of
			 the requirements for landfills specified in subsections G and H of this
			 part.
(c)
(1) The owner or operator of an existing drip
			 pad, as defined in § 264.570 of this subsection, that does not comply with
			 the liner requirements of § 264.573(b)(1) must:
(i) Include in the closure plan for the drip
			 pad under § 264.112 both a plan for complying with paragraph (a) of this
			 section and a contingent plan for complying with paragraph (b) of this section
			 in case not all contaminated subsoils can be practicably removed at closure;
			 and
(ii) Prepare a contingent
			 post-closure plan under § 264.118 of this part for complying with
			 paragraph (b) of this section in case not all contaminated subsoils can be
			 practicably removed at closure.
(2) The cost estimates calculated under
			 §§ 264.112 and 264.144 of this part for closure and post-closure care
			 of a drip pad subject to this paragraph must include the cost of complying with
			 the contingent closure plan and the contingent post-closure plan, but are not
			 required to include the cost of expected closure under paragraph (a) of this
			 section.
Subsection X
- Miscellaneous
			 Units
§ 264.600
Applicability
The requirements in this Subsection apply to owners and
				operators of facilities that treat, store, or dispose of hazardous waste in
				miscellaneous units, except as § 264.1 provide otherwise.
§ 264.601
Environmental performance standards
A miscellaneous unit must be located, designed, constructed,
				operated, maintained, and closed in a manner that will ensure protection of
				human health and the environment. Permits for miscellaneous units are to
				contain such terms and provisions as necessary to protect human health and the
				environment, including, but not limited to, as appropriate, design and
				operating requirements, detection and monitoring requirements, and requirements
				for responses to releases of hazardous waste hazardous constituents from the
				unit. Permit terms and provisions must include those requirements of
				subsections I through O and subsections AA through CC of this section, Section
				270 of this rule, 40 CFR Part 63 subpart EEE, and 40 CFR Part 146 that are
				appropriate for the miscellaneous unit being permitted. Protection of human
				health and the environment includes, but is not limited to
(a) Prevention of any releases that may have
			 adverse effects on human health or the environment due to migration of waste
			 constituents in the ground water or subsurface environment, considering:
(1) The volume and physical and chemical
			 characteristics of the waste in the unit, including its potential for migration
			 through soil, liners, or other containing structures;
(2) The hydrologic and geologic
			 characteristics of the unit and the surrounding area;
(3) The existing quality of ground water,
			 including other sources of contamination and their cumulative impact on the
			 ground water;
(4) The quantity and
			 direction of ground-water flow;
(5)
			 The proximity to and withdrawal rates of current and potential ground-water
			 users;
(6) The patterns of land use
			 in the region;
(7) The potential
			 for deposition or migration of waste constituents into subsurface physical
			 structures, and into the root zone of food-chain crops and other
			 vegetation;
(8) The potential for
			 health risks caused by human exposure to waste constituents; and
(9) The potential for damage to domestic
			 animals, wildlife, crops, vegetation, and physical structures caused by
			 exposure to waste constituents;
(b) Prevention of any releases that may have
			 adverse effects on human health or the environment due to migration of waste
			 constituents in surface water, or wetlands or on the soil surface considering:
(1) The volume and physical and chemical
			 characteristics of the waste in the unit;
(2) The effectiveness and reliability of
			 containing, confining, and collecting systems and structures in preventing
			 migration;
(3) The hydrologic
			 characteristics of the unit and the surrounding area, including the topography
			 of the land around the unit;
(4)
			 The patterns of precipitation in the region;
(5) The quantity, quality, and direction of
			 ground-water flow;
(6) The
			 proximity of the unit to surface waters;
(7) The current and potential uses of nearby
			 surface waters and any water quality standards established for those surface
			 waters;
(8) The existing quality of
			 surface waters and surface soils, including other sources of contamination and
			 their cumulative impact on surface waters and surface soils;
(9) The patterns of land use in the
			 region;
(10) The potential for
			 health risks caused by human exposure to waste constituents; and
(11) The potential for damage to domestic
			 animals, wildlife, crops, vegetation, and physical structures caused by
			 exposure to waste constituents.
(c) Prevention of any release that may have
			 adverse effects on human health or the environment due to migration of waste
			 constituents in the air, considering:
(1) The
			 volume and physical and chemical characteristics of the waste in the unit,
			 including its potential for the emission and dispersal of gases, aerosols and
			 particulates;
(2) The effectiveness
			 and reliability of systems and structures to reduce or prevent emissions of
			 hazardous constituents to the air;
(3) The operating characteristics of the
			 unit;
(4) The atmospheric,
			 meteorologic, and topographic characteristics of the unit and the surrounding
			 area;
(5) The existing quality of
			 the air, including other sources of contamination and their cumulative impact
			 on the air;
(6) The potential for
			 health risks caused by human exposure to waste constituents; and
(7) The potential for damage to domestic
			 animals, wildlife, crops, vegetation, and physical structures caused by
			 exposure to waste constituents.
(d)
The open burning or the open
			 detonation of hazardous wastes on unprotected ground surfaces is prohibited.
			 Open burning or open detonation of wastes must be conducted in or on a
			 containment device elevated above the ground. The containment device must be
			 sufficiently impermeable so as to prevent the leaching or migration of waste
			 residues into the soil beneath or around the containment device. Open burning
			 of hazardous wastes shall not be allowed when alternate technologies are
			 available and feasible.
(e)
Applicants for a permit for open
			 burning or open detonation of hazardous wastes shall be required to demonstrate
			 that no reasonable alternative to open burning or detonation is currently
			 available prior to the approval of such a permit.
§ 264.602
Monitoring, analysis, inspection, response, reporting, and corrective
			 action
Monitoring, testing, analytical data, inspections, response,
				and reporting procedures and frequencies must ensure compliance with
				§§ 264.601, 264.15, 264.33, 264.75, 264.76, 264,77, and 264.101 as
				well as meet any additional requirements needed to protect human health and the
				environment as specified in the permit.
§ 264.603
Post-closure care
A miscellaneous unit that is a disposal unit must be maintained
				in a manner that complies with § 264.601 during the post-closure care
				period. In addition, if a treatment or storage unit has contaminated soils or
				ground water that cannot be completely removed or decontaminated during
				closure, then that unit must also meet the requirements of § 264.601
				during post-closure care. The post-closure plan under § 264.118 must
				specify the procedures that will be used to satisfy this requirement.
Subsections Y
- Z
			 [Reserved
Subsection AA
-- Air Emission Standards for Process Vents
§ 264.1030
Applicability
(a) The rule s in this Subsection apply to
			 owners and operators of facilities that treat, store, or dispose of hazardous
			 wastes (except as provided in § 264.1).
(b) Except for §§ 264.1034(d) and
			 (e), this Subsection applies to process vents associated with distillation,
			 fractionation, thin-film evaporation, solvent extraction, or air or steam
			 stripping operations that manage hazardous wastes with organic concentrations
			 of at least 10-ppmw, if these operations are conducted in:
(1) A unit that is subject to the permitting
			 requirements of § 270, or
(2)
			 A unit (including a hazardous waste recycling unit) that is not exempt from
			 permitting under the provisions of § 262.17(i.e., a hazardous waste
			 recycling unit that is not a 90-day tank or container) and that is located at a
			 hazardous waste management facility otherwise subject to the permitting
			 requirements of § 270, or
(3)
			 A unit that is exempt from permitting under the provisions of §
			 262.17(i.e., a "90-day" tank or container) and is not a recycling unit under
			 the provisions of §261.6.
(c) For the owner and operator of a facility
			 subject to this subsection and who received a final permit under RCRA section
			 3005 prior to December 6, 1996, the requirements of this subsection shall be
			 incorporated into the permit when the permit is reissued in accordance with the
			 requirements of
			 40 CFR
			 124.15 or reviewed in accordance with the
			 requirements of § 270.50(d). Until such date when the owner and operator
			 receive a final permit incorporating the requirements of this subsection, the
			 owner and operator are subject to the requirements of Section 265, Subsection
			 AA of this rule.
(d) Until such
			 date when the owner and operator receives a final permit incorporating the
			 requirements of this subsection, the owner and operator are subject to the
			 requirements of § 265, subsection AA.
(e) The requirements of this subsection do
			 not apply to the process vents at a facility where the facility owner or
			 operator certifies that all of the process vents that would otherwise be
			 subject to this subsection are equipped with and operating air emission
			 controls in accordance with the process vent requirements of an applicable
			 Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
			 The documentation of compliance under regulations at 40 CFR part 60, part 61,
			 or part 63 shall be kept with, or made readily available with, the facility
			 operating record.
[Note: The requirements of §§ 264.1032 through
				264.1036 apply to process vents on hazardous waste recycling units previously
				exempt under § 261.6(c)(1). Other exemptions under §§ 261.4 and
				264.1(g) are not affected by these requirements.]
§ 264.1031
Definitions
As used in this Subsection, all terms not defined herein shall
				have the meaning given them in RCRA, the Act and sections 260-266, 268, 270,
				and 279 of this rule.
"Air stripping operation" is a desorption operation employed to
				transfer one or more volatile components from a liquid mixture into a gas (air)
				either with or without the application of heat to the liquid. Packed towers,
				spray towers, and bubble-cap, sieve, or valve-type plate towers are among the
				process configurations used for contacting the air and a liquid.
"Bottoms receiver" means a container or tank used to receive
				and collect the heavier bottoms fractions of the distillation feed stream that
				remain in the liquid phase.
"Closed-vent system" means a system that is not open to the
				atmosphere and that is composed of piping, connections, and, if necessary,
				flow-inducing devices that transport gas or vapor from a piece or pieces of
				equipment to a control device.
"Condenser" means a heat-transfer device that reduces a
				thermodynamic fluid from its vapor phase to its liquid phase.
"Connector" means flanged, screwed, welded, or other joined
				fittings used to connect two pipelines or a pipeline and a piece of equipment.
				For the purposes of reporting and recordkeeping, connector means flanged
				fittings that are not covered by insulation or other materials that prevent
				location of the fittings.
"Continuous recorder" means a data-recording device recording
				an instantaneous data value at least once every 15 minutes.
"Control device" means an enclosed combustion device, vapor
				recovery system, or flare. Any device the primary function of which is the
				recovery or capture of solvents or other organics for use, reuse, or sale
				(e.g., a primary condenser on a solvent recovery unit) is not a control
				device.
"Control device shutdown" means the cessation of operation of a
				control device for any purpose.
"Distillate receiver'' means a container or tank used to
				receive and collect liquid material (condensed) from the overhead condenser of
				a distillation unit and from which the condensed liquid is pumped to larger
				storage tanks or other process units.
"Distillation operation" means an operation, either batch or
				continuous, separating one or more feed stream(s) into two or more exit
				streams, each exit stream having component concentrations different from those
				in the feed stream(s). The separation is achieved by the redistribution of the
				components between the liquid and vapor phase as they approach equilibrium
				within the distillation unit.
"Double block and bleed system" means two block valves
				connected in series with a bleed valve or line that can vent the line between
				the two block valves.
"Equipment" means each valve, pump, compressor, pressure relief
				device, sampling connection system, open-ended valve or line, or flange or
				other connector, and any control devices or systems required by this
				Subsection.
"Flame zone" means the portion of the combustion chamber in a
				boiler occupied by the flame envelope.
"Flow indicator" means a device that indicates whether gas flow
				is present in a vent stream.
"First attempt at repair" means to take rapid action for the
				purpose of stopping or reducing leakage of organic material to the atmosphere
				using best practices.
"Fractionation operation" means a distillation operation or
				method used to separate a mixture of several volatile components of different
				boiling points in successive stages, each stage removing from the mixture some
				proportion of one of the components.
"Hazardous waste management unit shutdown" means a work
				practice or operational procedure that stops operation of a hazardous waste
				management unit or part of a hazardous waste management unit. An unscheduled
				work practice or operational procedure that stops operation of a hazardous
				waste management unit or part of a hazardous waste management unit for less
				than 24 hours is not a hazardous waste management unit shutdown. The use of
				spare equipment and technically feasible bypassing of equipment without
				stopping operation are not hazardous waste management unit shutdowns.
"Hot well'' means a container for collecting condensate as in a
				steam condenser serving a vacuum-jet or steam-jet ejector.
"In gas/vapor service'' means that the piece of equipment
				contains or contacts a hazardous waste stream that is in the gaseous state at
				operating conditions.
''In heavy liquid service" means that the piece of equipment is
				not in gas/vapor service or in light liquid service.
"In light liquid service" means that the piece of equipment
				contains or contacts a waste stream where the vapor pressure of one or more of
				the components in the stream is greater than 0.3 kilopascals (kPa) at 20°C,
				the total concentration of the pure organic components having a vapor pressure
				greater than 0.3 kPa at 20 °C is equal to or greater than 20 percent by
				weight, and the fluid is a liquid at operating conditions.
"In situ sampling systems" means nonextractive samplers or
				in-line samplers.
"In vacuum service" means that equipment is operating at an
				internal pressure that is at least 5 kPa below ambient pressure.
"Malfunction" means any sudden failure of a control device or a
				hazardous waste management unit or failure of a hazardous waste management unit
				to operate in a normal or usual manner, so that organic emissions are
				increased.
" Open-ended valve or line" means any valve, except pressure
				relief valves, having one side of the valve seat in contact with hazardous
				waste and one side open to the atmosphere, either directly or through open
				piping.
"Pressure release" means the emission of materials resulting
				from the system pressure being greater than the set pressure of the pressure
				relief device.
"Process heater" means a device that transfers heat liberated
				by burning fuel to fluids contained in tubes, including all fluids except water
				that are heated to produce steam.
"Process vent'' means any open-ended pipe or stack that is
				vented to the atmosphere either directly, through a vacuum-producing system, or
				through a tank (e.g., distillate receiver, condenser, bottoms receiver, surge
				control tank, separator tank, or hot well) associated with hazardous waste
				distillation, fractionation, thin-film evaporation, solvent extraction, or air
				or steam stripping operations.
"Repaired" means that equipment is adjusted, or otherwise
				altered, to eliminate a leak.
"Sampling connection" system means an assembly of equipment
				within a process or waste management unit used during periods of representative
				operation to take samples of the process or waste fluid. Equipment used to take
				non-routine grab samples is not considered a sampling connection system.
"Sensor'' means a device that measures a physical quantity or
				the change in a physical quantity, such as temperature, pressure, flow rate,
				pH, or liquid level.
"Separator tank" means a device used for separation of two
				immiscible liquids.
"Solvent extraction operation" means an operation or method of
				separation in which a solid or solution is contacted with a liquid solvent (the
				two being mutually insoluble) to preferentially dissolve and transfer one or
				more components into the solvent.
"Startup'' means the setting in operation of a hazardous waste
				management unit or control device for any purpose.
"Steam stripping operation" means a distillation operation in
				which vaporization of the volatile constituents of a liquid mixture takes place
				by the introduction of steam directly into the charge.
"Surge control tank" means a large-sized pipe or storage
				reservoir sufficient to contain the surging liquid discharge of the process
				tank to which it is connected.
" Thin-film evaporation operation" means a distillation
				operation that employs a heating surface consisting of a large diameter tube
				that may be either straight or tapered, horizontal or vertical. Liquid is
				spread on the tube wall by a rotating assembly of blades that maintain a close
				clearance from the wall or actually ride on the film of liquid on the wall.
"Vapor incinerator" means any enclosed combustion device that
				is used for destroying organic compounds and does not extract energy in the
				form of steam or process heat.
"Vented" means discharged through an opening, typically an
				open-ended pipe or stack, allowing the passage of a stream of liquids, gases,
				or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused
				by mechanical means such as compressors or vacuum-producing systems or by
				process-related means such as evaporation produced by heating and not caused by
				tank loading and unloading (working losses) or by natural means such as diurnal
				temperature changes.
§
			 264.1032
Standards: Process vents
(a) The owner or operator of a facility with
			 process vents associated with distillation, fractionation, thin-film
			 evaporation, solvent extraction, or air or steam stripping operations managing
			 hazardous wastes with organic concentrations of at least 10 ppmw shall either:
(1) Reduce total organic emissions from all
			 affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr
			 (3.1 tons/yr), or
(2) Reduce, by
			 use of a control device, total organic emissions from all affected process
			 vents at the facility by 95 weight percent.
(b) If the owner or operator installs a
			 closed-vent system and control device to comply with the provisions of
			 paragraph (a) of this section the closed-vent system and control device must
			 meet the requirements of § 264.1033.
(c) Determinations of vent emissions and
			 emission reductions or total organic compound concentrations achieved by add-on
			 control devices may be based on engineering calculations or performance tests.
			 If performance tests are used to determine vent emissions, emission reductions,
			 or total organic compound concentrations achieved by add-on control devices,
			 the performance tests must conform with the requirements of §
			 264.1034(c).
(d) When an owner or
			 operator and the Director do not agree on determinations of vent emissions
			 and/or emission reductions or total organic compound concentrations achieved by
			 addon control devices based on engineering calculations, the procedures in
			 § 264.1034(c) shall be used to resolve the disagreement.
§ 264.1033
Standards: Closed-vent systems and control devices
(a)
(1)
			 Owners or operators of closed-vent systems and control devices used to comply
			 with provisions of this part shall comply with the provisions of this
			 section.
(2)
(i) The owner or operator of an existing
			 facility who cannot install a closed-vent system and control device to comply
			 with the provisions of this Subsection on the effective date that the facility
			 becomes subject to the provisions of this Subsection must prepare an
			 implementation schedule that includes dates by which the closed-vent system and
			 control device will be installed and in operation. The controls must be
			 installed as soon as possible, but the implementation schedule may allow up to
			 30 months after the effective date that the facility becomes subject to this
			 Subsection for installation and startup.
(ii) Any unit that begins operation after
			 December 21, 1990, and is subject to the provisions of this subsection when
			 operation begins, must comply with the rules immediately (i.e., must have
			 control devices installed and operating on startup of the affected unit); the
			 30-month implementation schedule does not apply.
(iii) The owner or operator of any facility
			 in existence on the effective date of a statutory or EPA regulatory amendment
			 that renders the facility subject to this subsection shall comply with all
			 requirements of this subpart as soon as practicable but no later than 30 months
			 after the amendment's effective date. When control equipment required by this
			 subsection can not be installed and begin operation by the effective date of
			 the amendment, the facility owner or operator shall prepare an implementation
			 schedule that includes the following information: Specific calendar dates for
			 award of contracts or issuance of purchase orders for the control equipment,
			 initiation of on-site installation of the control equipment, completion of the
			 control equipment installation, and performance of any testing to demonstrate
			 that the installed equipment meets the applicable standards of this subsection.
			 The owner or operator shall enter the implementation schedule in the operating
			 record or in a permanent, readily available file located at the
			 facility.
(iv) Owners and operators
			 of facilities and units that become newly subject to the requirements of this
			 subsection after December 8, 1997, due to an action other than those described
			 in paragraph (a)(2)(iii) of this section must comply with all applicable
			 requirements immediately (i.e., must have control devices installed and
			 operating on the date the facility or unit becomes subject to this subsection;
			 the 30-month implementation schedule does not apply).
(b) A control
			 device involving vapor recovery (e.g., a condenser or adsorber) shall be
			 designed and operated to recover the organic vapors vented to it with an
			 efficiency of 95 weight percent or greater unless the total organic emission
			 limits of § 264.1032(a)(1) for all affected process vents can be attained
			 at an efficiency less than 95 weight percent.
(c) An enclosed combustion device (e.g., a
			 vapor incinerator, boiler, or process heater) shall be designed and operated to
			 reduce the organic emissions vented to it by 95 weight percent or greater; to
			 achieve a total organic compound concentration of 20 ppmv, expressed as the sum
			 of the actual compounds, not carbon equivalents, on a dry basis corrected to 3
			 percent oxygen; or to provide a minimum residence time of 0.50 seconds at a
			 minimum temperature of 760 °C. If a boiler or process heater is used as the
			 control device, then the vent stream shall be introduced into the flame zone of
			 the boiler or process heater.
(d)
(1) A flare shall be designed for and
			 operated with no visible emissions as determined by the methods specified in
			 paragraph (e)(1) of this section, except for periods not to exceed a total of 5
			 minutes during any 2 consecutive hours.
(2) A flare shall be operated with a flame
			 present at all times, as determined by the methods specified in paragraph
			 (f)(2)(iii) of this section.
(3) A
			 flare shall be used only if the net heating value of the gas being combusted is
			 264.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or
			 air-assisted; or if the net heating value of the gas being combusted is 260.45
			 MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. The net heating
			 value of the gas being combusted shall be determined by the methods specified
			 in paragraph (e)(2) of this section.
(4)
(i) A
			 steam-assisted or nonassisted flare shall be designed for and operated with an
			 exit velocity, as determined by the methods specified in paragraph (e)(3) of
			 this section, less than 18.3 m/s (60 ft/s), except as provided in paragraphs
			 (d)(4) (ii) and (iii) of this section.
(ii) A steam-assisted or nonassisted flare
			 designed for and operated with an exit velocity, as determined by the methods
			 specified in paragraph (e)(3) of this section,
equal to or greater than 18.3 m/s (60 ft/s) but less than 122
				m/s (400 ft/s) is allowed if the net heating value of the gas being combusted
				is greater than 37.3 MJ/scm (1,000 Btu/scf).
(iii) A steam-assisted or nonassisted flare
			 designed for and operated with an exit velocity, as determined by the methods
			 specified in paragraph (e)(3) of this section, less than the velocity,
			 Vmax, as determined by the method specified in paragraph
			 (e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.
(5) An air-assisted
			 flare shall be designed and operated with an exit velocity less than the
			 velocity, Vmax, as determined by the method specified in
			 paragraph (e)(5) of this section.
(6) A flare used to comply with this section
			 shall be steam-assisted, air-assisted, or nonassisted.
(e)
(1)
			 Reference Method 22 in 40 CFR part 60 shall be used to determine the compliance
			 of a flare with the visible emission provisions of this Subsection. The
			 observation period is 2 hours and shall be used according to Method
			 22.
(2) The net heating value of the
			 gas being combusted in a flare shall be calculated using the following
			 equation:
where:
Click here to view
				image
HT =Net heating value of the sample,
				MJ/scm; where the net enthalpy per mole of off gas is based on combustion at 25
				°C and 760 mm Hg, but the standard temperature for determining the volume
				corresponding to 1 mol is 20 °C;
K=Constant, 1.74X10-7 (1/ppm) (g
				mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20
				°C;
C i =Concentration of sample component i
				in ppm on a wet basis, as measured for organics by Reference Method 18 in 40
				CFR part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82
				(incorporated by reference as specified in § 260.11); and
H i =Net heat of combustion of sample
				component i, kcal/9 mol at 25 °C and 760 mm Hg. The heats of combustion may
				be determined using ASTM D 2382-83 (incorporated by reference as specified in
				§ 260.11) if published values are not available or cannot be
				calculated.
(3) The actual
			 exit velocity of a flare shall be determined by dividing the volumetric flow
			 rate (in units of standard temperature and pressure), as determined by
			 Reference Methods 2, 2A, 2C, or 2D in 40 CFR part 60 as appropriate, by the
			 unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, V ,
			 for a flare complying with paragraph max (d)(4)(iii) of this section shall be
			 determined by the following equation:
Log (Vmax )=(HT
				+28.8)/31.7
where:
28. 8=Constant,
31. 7=Constant,
HT =The net heating value as determined
				in paragraph (e)(2) of this section.
(5) The maximum allowed velocity in m/s, V ,
			 for an air-assisted flare shall be max determined by the following equation:
Vmax = 8.706+0.7084
				(HT )
where:
8.706=Constant,
0.7084=Constant,
HT =The net heating value as determined
				in paragraph (e)(2) of this section. T
(f) The owner or operator shall monitor and
			 inspect each control device required to comply with this section to ensure
			 proper operation and maintenance of the control device by implementing the
			 following requirements:
(1) Install,
			 calibrate, maintain, and operate according to the manufacturer's specifications
			 a flow indicator that provides a record of vent stream flow from each affected
			 process vent to the control device at least once every hour. The flow indicator
			 sensor shall be installed in the vent stream at the nearest feasible point to
			 the control device inlet but before the point at which the vent streams are
			 combined.
(2) Install, calibrate,
			 maintain, and operate according to the manufacturer's specifications a device
			 to continuously monitor control device operation as specified below:
(i) For a thermal vapor incinerator, a
			 temperature monitoring device equipped with a continuous recorder. The device
			 shall have an accuracy of ±1 percent of the temperature being monitored
			 in °C or ±0.5 °C, whichever is greater. The temperature sensor
			 shall be installed at a location in the combustion chamber downstream of the
			 combustion zone.
(ii) For a
			 catalytic vapor incinerator, a temperature monitoring device equipped with a
			 continuous recorder. The device shall be capable of monitoring temperature at
			 two locations and have an accuracy of ±1 percent of the temperature
			 being monitored in °C or ±0.5 °C, whichever is greater. One
			 temperature sensor shall be installed in the vent stream at the nearest
			 feasible point to the catalyst bed inlet and a second temperature sensor shall
			 be installed in the vent stream at the nearest feasible point to the catalyst
			 bed outlet.
(iii) For a flare, a
			 heat sensing monitoring device equipped with a continuous recorder that
			 indicates the continuous ignition of the pilot flame.
(iv) For a boiler or process heater having a
			 design heat input capacity less than 44 MW, a temperature monitoring device
			 equipped with a continuous recorder. The device shall have an accuracy of
			 ±1 percent of the temperature being monitored in °C or ±0.5
			 °C, whichever is greater. The temperature sensor shall be installed at a
			 location in the furnace downstream of the combustion zone.
(v) For a boiler or process heater having a
			 design heat input capacity greater than or equal to 44 MW, a monitoring device
			 equipped with a continuous recorder to measure a parameter(s) that indicates
			 good combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a
			 continuous recorder to measure the concentration level of the organic compounds
			 in the exhaust vent stream from the condenser, or
(B) A temperature monitoring device equipped
			 with a continuous recorder. The device shall be capable of monitoring
			 temperature with an accuracy of ±1 percent of the temp-erature being
			 monitored in degrees Celsius (°C) or ± 0.5 °C, whichever is
			 greater. The temperature sensor shall be installed at a location in the exhaust
			 vent stream from the condenser exit (i.e., product side).
(vii) For a carbon adsorption system that
			 regenerates the carbon bed directly in the control device such as a fixed-bed
			 carbon adsorber, either:
(A) A monitoring
			 device equipped with a continuous recorder to measure the concentration level
			 of the organic compounds in the exhaust vent stream from the carbon bed,
			 or
(B) A monitoring device equipped
			 with a continuous recorder to measure a parameter that indicates the carbon bed
			 is regenerated on a regular, predetermined time cycle.
(3) Inspect the readings
			 from each monitoring device required by paragraphs (f)(1) and (2) of this
			 section at least once each operating day to check control device operation and,
			 if necessary, immediately implement the corrective measures necessary to ensure
			 the control device operates in compliance with the requirements of this
			 section.
(g) An owner
			 or operator using a carbon adsorption system such as a fixed-bed carbon
			 adsorber that regenerates the carbon bed directly onsite in the control device
			 shall replace the existing carbon in the control device with fresh carbon at a
			 regular, predetermined time interval that is no longer than the carbon service
			 life established as a requirement of § 264.1035(b)(4)(iii)(F).
(h) An owner or operator using a carbon
			 adsorption system such as a carbon canister that does not regenerate the carbon
			 bed directly onsite in the control device shall replace the existing carbon in
			 the control device with fresh carbon on a regular basis by using one of the
			 following procedures:
(1) Monitor the
			 concentration level of the organic compounds in the exhaust vent stream from
			 the carbon adsorption system on a regular schedule, and replace the existing
			 carbon with fresh carbon immediately when carbon breakthrough is indicated. The
			 monitoring frequency shall be daily or at an interval no greater than 20
			 percent of the time required to consume the total carbon working capacity
			 established as a requirement of § 264.1035(b)(4)(iii)(G), whichever is
			 longer.
(2) Replace the existing
			 carbon with fresh carbon at a regular, predetermined time interval that is less
			 than the design carbon replacement interval established as a requirement of
			 § 264.1035(b)(4)(iii)(G).
(i) An alternative operational or process
			 parameter may be monitored if it can be demonstrated that another parameter
			 will ensure that the control device is operated in conformance with these
			 standards and the control device's design specifications.
(j) An owner or operator of an affected
			 facility seeking to comply with the provisions of this part by using a control
			 device other than a thermal vapor incinerator, catalytic vapor incinerator,
			 flare, boiler, process heater, condenser, or carbon adsorption system is
			 required to develop documentation including sufficient information to describe
			 the control device operation and identify the process parameter or parameters
			 that indicate proper operation and maintenance of the control device.
(k) A closed-vent system shall meet either of
			 the following design requirements:
(1) A
			 closed-vent system shall be designed to operate with no detectable emissions,
			 as indicated by an instrument reading of less than 500 ppmv above background as
			 determined by the procedure in § 264.1034(b) of this subsection, and by
			 visual inspections; or
(2) A
			 closed-vent system shall be designed to operate at a pressure below atmospheric
			 pressure. The system shall be equipped with at least one pressure gauge or
			 other pressure measurement device that can be read from a readily accessible
			 location to verify that negative pressure is being maintained in the
			 closed-vent system when the control device is operating.
(l) The owner or operator shall monitor and
			 inspect each closed-vent system required to comply with this section to ensure
			 proper operation and maintenance of the closed-vent system by implementing the
			 following requirements:
(1) Each closed-vent
			 system that is used to comply with paragraph (k)(1) of this section shall be
			 inspected and monitored in accordance with the following requirements:
(i) An initial leak detection monitoring of
			 the closed-vent system shall be conducted by the owner or operator on or before
			 the date that the system becomes subject to this section. The owner or operator
			 shall monitor the closed-vent system components and connections using the
			 procedures specified in § 264.1034(b) of this subsection to demonstrate
			 that the closed-vent system operates with no detectable emissions, as indicated
			 by an instrument reading of less than 500 ppmv above background.
(ii) After initial leak detection monitoring
			 required in paragraph (l)(1)(i) of this section, the owner or operator shall
			 inspect and monitor the closed-vent system as follows:
(A) Closed-vent system joints, seams, or
			 other connections that are permanently or semi-permanently sealed (e.g., a
			 welded joint between two sections of hard piping or a bolted and gasketed
			 ducting flange) shall be visually inspected at least once per year to check for
			 defects that could result in air pollutant emissions. The owner or operator
			 shall monitor a component or connection using the procedures specified in
			 § 264.1034(b) of this subsection to demonstrate that it operates with no
			 detectable emissions following any time the component is repaired or replaced
			 (e.g., a section of damaged hard piping is replaced with new hard piping) or
			 the connection is unsealed (e.g., a flange is unbolted).
(B) Closed-vent system components or
			 connections other than those specified in paragraph (l)(1)(ii)(A) of this
			 section shall be monitored annually and at other times as requested by the
			 Director, except as provided for in paragraph (o) of this section, using the
			 procedures specified in § 264.1034(b) of this subsection to demonstrate
			 that the components or connections operate with no detectable
			 emissions.
(iii) In the
			 event that a defect or leak is detected, the owner or operator shall repair the
			 defect or leak in accordance with the requirements of paragraph (l)(3) of this
			 section.
(iv) The owner or operator
			 shall maintain a record of the inspection and monitoring in accordance with the
			 requirements specified in § 264.1035 of this subsection.
(2) Each closed-vent
			 system that is used to comply with paragraph (k)(2) of this section shall be
			 inspected and monitored in accordance with the following requirements:
(i) The closed-vent system shall be visually
			 inspected by the owner or operator to check for defects that could result in
			 air pollutant emissions. Defects include, but are not limited to, visible
			 cracks, holes, or gaps in ductwork or piping or loose connections.
(ii) The owner or operator shall perform an
			 initial inspection of the closed-vent system on or before the date that the
			 system becomes subject to this section. Thereafter, the owner or operator shall
			 perform the inspections at least once every year.
(iii) In the event that a defect or leak is
			 detected, the owner or operator shall repair the defect in accordance with the
			 requirements of paragraph (l)(3) of this section.
(iv) The owner or operator shall maintain a
			 record of the inspection and monitoring in accordance with the requirements
			 specified in § 264.1035 of this subsection.
(3) The owner or operator shall repair all
			 detected defects as follows:
(i) Detectable
			 emissions, as indicated by visual inspection, or by an instrument reading
			 greater than 500 ppmv above background, shall be controlled as soon as
			 practicable, but not later than 15 calendar days after the emission is
			 detected, except as provided for in paragraph (l)(3)(iii) of this
			 section.
(ii) A first attempt at
			 repair shall be made no later than 5 calendar days after the emission is
			 detected.
(iii) Delay of repair of
			 a closed-vent system for which leaks have been detected is allowed if the
			 repair is technically infeasible without a process unit shutdown, or if the
			 owner or operator determines that emissions resulting from immediate repair
			 would be greater than the fugitive emissions likely to result from delay of
			 repair. Repair of such equipment shall be completed by the end of the next
			 process unit shutdown.
(iv) The
			 owner or operator shall maintain a record of the defect repair in accordance
			 with the requirements specified in § 264.1035 of this subsection. (m)
			 Closed-vent systems and control devices used to comply with provisions of this
			 subsection shall be operated at all times when emissions may be vented to them.
(n) The owner
			 or operator using a carbon adsorption system to control air pollutant emissions
			 shall document that all carbon that is a hazardous waste and that is removed
			 from the control device is managed in one of the following manners, regardless
			 of the average volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal
			 treatment unit that meets one of the following:
(i) The owner or operator of the unit has
			 been issued a final permit under § 270 which implements the requirements
			 of subsection X of this section; or
(ii) The unit is equipped with and operating
			 air emission controls in accordance with the applicable requirements of
			 subsections AA and CC of either this section or of § 265; or
(iii) The unit is equipped with and operating
			 air emission controls in accordance with a national emission standard for
			 hazardous air pollutants under 40 CFR part 61 or 40 CFR part 63.
(2) Incinerated in a
			 hazardous waste incinerator for which the owner or operator either:
(i) Has been issued a final permit under
			 § 270 which implements the requirements of subsection O of this section;
			 or
(ii) Has designed and operates
			 the incinerator in accordance with the interim status requirements of §
			 265, subsection O.
(3)
			 Burned in a boiler or industrial furnace for which the owner or operator
			 either:
(i) Has been issued a final permit
			 under § 270 which implements the requirements of § 266, subsection H;
			 or
(ii) Has designed and operates
			 the boiler or industrial furnace in accordance with the interim status
			 requirements of § 266, subsection H.
(o) Any components of a closed-vent system
			 that are designated, as described in § 264.1035(c)(9) of this subsection,
			 as unsafe to monitor are exempt from the requirements of paragraph
			 (l)(1)(ii)(B) of this section if:
(1) The
			 owner or operator of the closed-vent system determines that the components of
			 the closed-vent system are unsafe to monitor because monitoring personnel would
			 be exposed to an immediate danger as a consequence of complying with paragraph
			 (l)(1)(ii)(B) of this section; and
(2) The owner or operator of the closed-vent
			 system adheres to a written plan that requires monitoring the closed-vent
			 system components using the procedure specified in paragraph (l)(1)(ii)(B) of
			 this section as frequently as practicable during safe-to-monitor
			 times.
§
			 264.1034
Test methods and procedures
(a) Each owner or operator subject to the
			 provisions of this Subsection shall comply with the test methods and procedures
			 requirements provided in this section.
(b) When a closed-vent system is tested for
			 compliance with no detectable emissions, as required in § 264.1033(l) of
			 this subsection, the test shall comply with the following requirements:
(1) Monitoring shall comply with Reference
			 Method 21 in 40 CFR part 60.
(2)
			 The detection instrument shall meet the performance criteria of Reference
			 Method 21.
(3) The instrument shall
			 be calibrated before use on each day of its use by the procedures specified in
			 Reference Method 21.
(4)
			 Calibration gases shall be:
(i) Zero air (less
			 than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
			 at a concentration of approximately, but less than, 10,000 ppm methane or
			 n-hexane.
(5) The
			 background level shall be determined as set forth in Reference Method
			 21.
(6) The instrument probe shall
			 be traversed around all potential leak interfaces as close to the interface as
			 possible as described in Reference Method 21.
(7) The arithmetic difference between the
			 maximum concentration indicated by the instrument and the background level is
			 compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance
			 with § 264.1032(a) and with the total organic compound concentration limit
			 of § 264.1033(c) shall comply with the following:
(1) Performance tests to determine total
			 organic compound concentrations and mass flow rates entering and exiting
			 control devices shall be conducted and data reduced in accordance with the
			 following reference methods and calculation procedures:
(i) Method 2 in 40 CFR part 60 for velocity
			 and volumetric flow rate.
(ii)
			 Method 18 or Method 25A in 40 CFR part 60 for organic content. If Method 25A is
			 used, the organic HAP used as the calibration gas must be the single organic
			 HAP representing the largest percent by volume of the emissions. The use of
			 Method 25A is acceptable if the response from the high-level calibration gas is
			 at least 20 times the standard deviation of the response from the zero
			 calibration gas when the instrument is zeroed on the most sensitive
			 scale.
(iii) Each performance test
			 shall consist of three separate runs; each run conducted for at least 1 hour
			 under the conditions that exist when the hazardous waste management unit is
			 operating at the highest load or capacity level reasonably expected to occur.
			 For the purpose of determining total organic compound concentrations and mass
			 flow rates, the average of results of all runs shall apply. The average shall
			 be computed on a time-weighted basis.
(iv) Total organic mass flow rates shall be
			 determined by the following equation:
(A) For
			 sources using Method 18:
Click here to view
				image
where:
Eh =Total organic mass flow rate, kg/h;
Qsd =Volumetric flow rate of gases
				entering or exiting control device, as determined by Method 2, dscm/h;
n=Number of organic compounds in the vent gas;
Ci =Organic concentration in ppm, dry
				basis, of compound i in the vent gas, as determined by Method 18;
MWi =Molecular weight of organic
				compound i in the vent gas, kg/kg-mol; 0.0416=Conversion factor for molar
				volume, kg-mol/m3 (@ 293 K and 760 mm
10-6=Conversion from ppm,
				ppm-1.
(B) For sources
			 utilizing Method 25A.
Eh = (Q)(C)(MW)(0.0416)(10-6)
Where:
Eh = Total organic mass flow rate,
				kg/h;
Q = Volumetric flow rate of gases entering or exiting control
				device,as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by
				Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume,
				kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 = Conversion from
				ppm.
(v) The
			 annual total organic emission rate shall be determined by the following
			 equation:
Click here to view
				image
where:
E =Total organic mass emission rate, kg/y; A
E =Total organic mass flow rate for the process vent, kg/h;
				h
H=Total annual hours of operations for the affected unit,
				h.
(vi) Total organic
			 emissions from all affected process vents at the facility shall be determined
			 by summing the hourly total organic mass emission rates (E as h determined in
			 paragraph (c)(1)(iv) of this section) and by summing the annual total organic
			 mass emission rates (E , as determined in paragraph (c)(1)(v) of this A
			 section) for all affected process vents at the facility.
(2) The owner or operator shall record such
			 process information as may be necessary to determine the conditions of the
			 performance tests. Operations during periods of startup, shutdown, and
			 malfunction shall not constitute representative conditions for the purpose of a
			 performance test.
(3) The owner or
			 operator of an affected facility shall provide, or cause to be provided,
			 performance testing facilities as follows:
(i)
			 Sampling ports adequate for the test methods specified in paragraph (c)(1) of
			 this section.
(ii) Safe sampling
			 platform(s).
(iii) Safe access to
			 sampling platform(s).
(iv)
			 Utilities for sampling and testing equipment.
(4) For the purpose of making compliance
			 determinations, the time-weighted average of the results of the three runs
			 shall apply. In the event that a sample is accidentally lost or conditions
			 occur in which one of the three runs must be discontinued because of forced
			 shutdown, failure of an irreplaceable portion of the sample train, extreme
			 meteorological conditions, or other circumstances beyond the owner or
			 operator's control, compliance may, upon the Director's approval, be determined
			 using the average of the results of the two other runs.
(d) To show that a process vent associated
			 with a hazardous waste distillation, fractionation, thin-film evaporation,
			 solvent extraction, or air or steam stripping operation is not subject to the
			 requirements of this Subsection, the owner or operator must make an initial
			 determination that the time-weighted, annual average total organic
			 concentration of the waste managed by the waste management unit is less than 10
			 ppmw using one of the following two methods:
(1) Direct measurement of the organic
			 concentration of the waste using the following procedures:
(i) The owner or operator must take a minimum
			 of four grab samples of waste for each waste stream managed in the affected
			 unit under process conditions expected to cause the maximum waste organic
			 concentration.
(ii) For waste
			 generated onsite, the grab samples must be collected at a point before the
			 waste is exposed to the atmosphere such as in an enclosed pipe or other closed
			 system that is used to transfer the waste after generation to the first
			 affected distillation, fractionation, thin-film evaporation, solvent
			 extraction, or air or steam stripping operation. For waste generated offsite,
			 the grab samples must be collected at the inlet to the first waste management
			 unit that receives the waste provided the waste has been transferred to the
			 facility in a closed system such as a tank truck and the waste is not diluted
			 or mixed with other waste.
(iii)
			 Each sample shall be analyzed and the total organic concentration of the sample
			 shall be computed using Method 9060A (incorporated by reference under §
			 260.11 ) of ''Test Methods for Evaluating Solid Waste, Physical/Chemical
			 Methods,'' EPA Publication SW-846, or analyzed for its individual organic
			 constituents.
(iv) The arithmetic
			 mean of the results of the analyses of the four samples shall apply for each
			 waste stream managed in the unit in determining the time-weighted, annual
			 average total organic concentration of the waste. The time-weighted average is
			 to be calculated using the annual quantity of each waste stream processed and
			 the mean organic concentration of each waste stream managed in the
			 unit.
(2) Using knowledge
			 of the waste to determine that its total organic concentration is less than 10
			 ppmw. Documentation of the waste determination is required. Examples of
			 documentation that shall be used to support a determination under this
			 provision include production process information documenting that no organic
			 compounds are used, information that the waste is generated by a process that
			 is identical to a process at the same or another facility that has previously
			 been demonstrated by direct measurement to generate a waste stream having a
			 total organic content less than 10 ppmw, or prior speciation analysis results
			 on the same waste stream where it can also be documented that no process
			 changes have occurred since that analysis that could affect the waste total
			 organic concentration.
(e) The determination that distillation,
			 fractionation, thin-film evaporation, solvent extraction, or air or steam
			 stripping operations manage hazardous wastes with time-weighted, annual average
			 total organic concentrations less than 10 ppmw shall be made as follows:
(1) By the effective date that the facility
			 becomes subject to the provisions of this Subsection or by the date when the
			 waste is first managed in a waste management unit, whichever is later,
			 and
(2) For continuously generated
			 waste, annually, or
(3) Whenever
			 there is a change in the waste being managed or a change in the process that
			 generates or treats the waste.
(f) When an owner or operator and the
			 Director do not agree on whether a distillation, fractionation, thin-film
			 evaporation, solvent extraction, or air or steam stripping operation manages a
			 hazardous waste with organic concentrations of at least 10 ppmw based on
			 knowledge of the waste, the dispute may be resolved by using direct measurement
			 as specified at paragraph (d)(1) of this section.
§ 264.1035
Recordkeeping
			 requirements
(a)
(1) Each owner or operator subject to the
			 provisions of this Subsection shall comply with the recordkeeping requirements
			 of this section.
(2) An owner or
			 operator of more than one hazardous waste management unit subject to the
			 provisions of this Subsection may comply with the recordkeeping requirements
			 for these hazardous waste management units in one recordkeeping system if the
			 system identifies each record by each hazardous waste management
			 unit.
(b) Owners and
			 operators must record the following information in the facility operating
			 record:
(1) For facilities that comply with
			 the provisions of § 264.1033(a)(2), an implementation schedule that
			 includes dates by which the closed-vent system and control device will be
			 installed and in operation. The schedule must also include a rationale of why
			 the installation cannot be completed at an earlier date. The implementation
			 schedule must be in the facility operating record by the effective date that
			 the facility becomes subject to the provisions of this Subsection.
(2) Up-to-date documentation of compliance
			 with the process vent standards in § 264.1032, including:
(i) Information and data identifying all
			 affected process vents, annual throughput and operating hours of each affected
			 unit, estimated emission rates for each affected vent and for the overall
			 facility (i.e., the total emissions for all affected vents at the facility),
			 and the approximate location within the facility of each affected unit (e.g.,
			 identify the hazardous waste management units on a facility plot
			 plan).
(ii) Information and data
			 supporting determinations of vent emissions and emission reductions achieved by
			 add-on control devices based on engineering calculations or source tests. For
			 the purpose of determining compliance, determinations of vent emissions and
			 emission reductions must be made using operating parameter values (e.g.,
			 temperatures, flow rates, or vent stream organic compounds and concentrations)
			 that represent the conditions that result in maximum organic emissions, such as
			 when the waste management unit is operating at the highest load or capacity
			 level reasonably expected to occur. If the owner or operator takes any action
			 (e.g., managing a waste of different composition or increasing operating hours
			 of affected waste management units) that would result in an increase in total
			 organic emissions from affected process vents at the facility, then a new
			 determination is required.
(3) Where an owner or operator chooses to use
			 test data to determine the organic removal efficiency or total organic compound
			 concentration achieved by the control device, a performance test plan. The test
			 plan must include:
(i) A description of how
			 it is determined that the planned test is going to be conducted when the
			 hazardous waste management unit is operating at the highest load or capacity
			 level reasonably expected to occur. This shall include the estimated or design
			 flow rate and organic content of each vent stream and define the acceptable
			 operating ranges of key process and control device parameters during the test
			 program.
(ii) A detailed
			 engineering description of the closed-vent system and control device including:
(A) Manufacturer's name and model number of
			 control device.
(B) Type of control
			 device.
(C) Dimensions of the
			 control device.
(D)
			 Capacity.
(E) Construction
			 materials.
(iii) A
			 detailed description of sampling and monitoring procedures, including sampling
			 and monitoring locations in the system, the equipment to be used, sampling and
			 monitoring frequency, and planned analytical procedures for sample analysis.
(4) Documentation of
			 compliance with § 264.1033 shall include the following information:
(i) A list of all information references and
			 sources used in preparing the documentation.
(ii) Records, including the dates, of each
			 compliance test required by § 264.1033(k).
(iii) If engineering calculations are used, a
			 design analysis, specifications, drawings, schematics, and piping and
			 instrumentation diagrams based on the appropriate sections of "APTI Course 415:
			 Control of Gaseous Emissions" (incorporated by reference as specified in §
			 260.11) or other engineering texts acceptable to the Director that present
			 basic control device design information. Documentation provided by the control
			 device manufacturer or vendor that describes the control device design in
			 accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this
			 section may be used to comply with this requirement. The design analysis shall
			 address the vent stream characteristics and control device operation parameters
			 as specified below.
(A) For a thermal vapor
			 incinerator, the design analysis shall consider the vent stream composition,
			 constituent concentrations, and flow rate. The design analysis shall also
			 establish the design minimum and average temperature in the combustion zone and
			 the combustion zone residence time.
(B) For a catalytic vapor incinerator, the
			 design analysis shall consider the vent stream composition, constituent
			 concentrations, and flow rate. The design analysis shall also establish the
			 design minimum and average temperatures across the catalyst bed inlet and
			 outlet.
(C) For a boiler or process
			 heater, the design analysis shall consider the vent stream composition,
			 constituent concentrations, and flow rate. The design analysis shall also
			 establish the design minimum and average flame zone temperatures, combustion
			 zone residence time, and description of method and location where the vent
			 stream is introduced into the combustion zone.
(D) For a flare, the design analysis shall
			 consider the vent stream composition, constituent concentrations, and flow
			 rate. The design analysis shall also consider the requirements specified in
			 § 264.1033(d).
(E) For a
			 condenser, the design analysis shall consider the vent stream composition,
			 constituent concentrations, flow rate, relative humidity, and temperature. The
			 design analysis shall also establish the design outlet organic compound
			 concentration level, design average temperature of the condenser exhaust vent
			 stream, and design average temperatures of the coolant fluid at the condenser
			 inlet and outlet.
(F) For a carbon
			 adsorption system such as a fixed-bed adsorber that regenerates the carbon bed
			 directly onsite in the control device, the design analysis shall consider the
			 vent stream composition, constituent concentrations, flow rate, relative
			 humidity, and temperature. The design analysis shall also establish the design
			 exhaust vent stream organic compound concentration level, number and capacity
			 of carbon beds, type and working capacity of activated carbon used for carbon
			 beds, design total steam flow over the period of each complete carbon bed
			 regeneration cycle, duration of the carbon bed steaming and cooling/drying
			 cycles, design carbon bed temperature after regeneration, design carbon bed
			 regeneration time, and design service life of carbon.
(G) For a carbon adsorption system such as a
			 carbon canister that does not regenerate the carbon bed directly onsite in the
			 control device, the design analysis shall consider the vent stream composition,
			 constituent concentrations, flow rate, relative humidity, and temperature. The
			 design analysis shall also establish the design outlet organic concentration
			 level, capacity of carbon bed, type and working capacity of activated carbon
			 used for carbon bed, and design carbon replacement interval based on the total
			 carbon working capacity of the control device and source operating
			 schedule.
(iv) A
			 statement signed and dated by the owner or operator certifying that the
			 operating parameters used in the design analysis reasonably represent the
			 conditions that exist when the hazardous waste management unit is or would be
			 operating at the highest load or capacity level reasonably expected to
			 occur.
(v) A statement signed and
			 dated by the owner or operator certifying that the control device is designed
			 to operate at an efficiency of 95 percent or greater unless the total organic
			 concentration limit of § 264.1032(a) is achieved at an efficiency less
			 than 95 weight percent or the total organic emission limits of §
			 264.1032(a) for affected process vents at the facility can be attained by a
			 control device involving vapor recovery at an efficiency less than 95 weight
			 percent. A statement provided by the control device manufacturer or vendor
			 certifying that the control equipment meets the design specifications may be
			 used to comply with this requirement.
(vi) If performance tests are used to
			 demonstrate compliance, all test results.
(c) Design documentation and monitoring,
			 operating, and inspection information for each closed-vent system and control
			 device required to comply with the provisions of this part shall be recorded
			 and kept up-to-date in the facility operating record. The information shall
			 include:
(1) Description and date of each
			 modification that is made to the closed-vent system or control device
			 design.
(2) Identification of
			 operating parameter, description of monitoring device, and diagram of
			 monitoring sensor location or locations used to comply with § 264.1033
			 (f)(1) and (f)(2).
(3) Monitoring,
			 operating, and inspection information required by paragraphs (f) through (k) of
			 § 264.1033.
(4) Date, time,
			 and duration of each period that occurs while the control device is operating
			 when any monitored parameter exceeds the value established in the control
			 device design analysis as specified below:
(i)
			 For a thermal vapor incinerator designed to operate with a minimum residence
			 time of 0.50 second at a minimum temperature of 760°C, period when the
			 combustion temperature is below 760°C.
(ii) For a thermal vapor incinerator designed
			 to operate with an organic emission reduction efficiency of 95 weight percent
			 or greater, period when the combustion zone temperature is more than 28°C
			 below the design average combustion zone temperature established as a
			 requirement of paragraph (b)(4)(iii)(A) of this section.
(iii) For a catalytic vapor incinerator,
			 period when:
(A) Temperature of the vent
			 stream at the catalyst bed inlet is more than 28 °C below the average
			 temperature of the inlet vent stream established as a requirement of paragraph
			 (b)(4)(iii)(B) of this section, or
(B) Temperature difference across the
			 catalyst bed is less than 80 percent of the design average temperature
			 difference established as a requirement of paragraph (b)(4)(iii)(B) of this
			 section.
(iv) For a
			 boiler or process heater, period when:
(A)
			 Flame zone temperature is more than 28 °C below the design average flame
			 zone temperature established as a requirement of paragraph (b)(4)(iii)(C) of
			 this section, or
(B) Position
			 changes where the vent stream is introduced to the combustion zone from the
			 location established as a requirement of paragraph (b)(4)(iii)(C) of this
			 section.
(v) For a
			 flare, period when the pilot flame is not ignited.
(vi) For a condenser that complies with
			 § 264.1033(f)(2)(vi)(A), period when the organic compound concentration
			 level or readings of organic compounds in the exhaust vent stream from the
			 condenser are more than 20 percent greater than the design outlet organic
			 compound concentration level established as a requirement of paragraph
			 (b)(4)(iii)(E) of this section.
(vii) For a condenser that complies with
			 § 264.1033(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream
			 from the condenser is more than 6 °C above the design average exhaust vent
			 stream temperature established as a requirement of paragraph (b)(4)(iii)(E) of
			 this section; or
(B) Temperature of
			 the coolant fluid exiting the condenser is more than 6 °C above the design
			 average coolant fluid temperature at the condenser outlet established as a
			 requirement of paragraph (b)(4)(iii)(E) of this section.
(viii) For a carbon adsorption system such as
			 a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in
			 the control device and complies with § 264.1033(f)(2) (vii)(A), period
			 when the organic compound concentration level or readings of organic compounds
			 in the exhaust vent stream from the carbon bed are more than 20 percent greater
			 than the design exhaust vent stream organic compound concentration level
			 established as a requirement of paragraph (b)(4)(iii)(F) of this
			 section.
(ix) For a carbon
			 adsorption system such as a fixed-bed carbon adsorber that regenerates the
			 carbon bed directly onsite in the control device and complies with §
			 264.1033(f)(2) (vii)(B), period when the vent stream continues to flow through
			 the control device beyond the predetermined carbon bed regeneration time
			 established as a requirement of paragraph (b)(4)(iii)(F) of this section.
(5) Explanation for each
			 period recorded under paragraph (4) of the cause for control device operating
			 parameter exceeding the design value and the measures implemented to correct
			 the control device operation.
(6)
			 For a carbon adsorption system operated subject to requirements specified in
			 § 264.1033(g) or § 264.1033(h)(2), date when existing carbon in the
			 control device is replaced with fresh carbon.
(7) For a carbon adsorption system operated
			 subject to requirements specified in § 264.1033(h)(1), a log that records:
(i) Date and time when control device is
			 monitored for carbon breakthrough and the monitoring device reading.
(ii) Date when existing carbon in the control
			 device is replaced with fresh carbon.
(8) Date of each control device startup and
			 shutdown.
(9) An owner or operator
			 designating any components of a closed-vent system as unsafe to monitor
			 pursuant to § 264.1033(o) of this subsection shall record in a log that is
			 kept in the facility operating record the identification of closed-vent system
			 components that are designated as unsafe to monitor in accordance with the
			 requirements of § 264.1033(o) of this subsection, an explanation for each
			 closed-vent system component stating why the closed-vent system component is
			 unsafe to monitor, and the plan for monitoring each closed-vent system
			 component.
(10) When each leak is
			 detected as specified in § 264.1033(l) of this subsection, the following
			 information shall be recorded:
(i) The
			 instrument identification number, the closed-vent system component
			 identification number, and the operator name, initials, or identification
			 number.
(ii) The date the leak was
			 detected and the date of first attempt to repair the leak. (iii) The date of
			 successful repair of the leak.
(iv)
			 Maximum instrument reading measured by Method 21 of 40 CFR part 60, Appendix A
			 after it is successfully repaired or determined to be nonrepairable.
(v) "Repair delayed" and the reason for the
			 delay if a leak is not repaired within 15 calendar days after discovery of the
			 leak.
(A) The owner or operator may develop a
			 written procedure that identifies the conditions that justify a delay of
			 repair. In such cases, reasons for delay of repair may be documented by citing
			 the relevant sections of the written procedure.
(B) If delay of repair was caused by
			 depletion of stocked parts, there must be documentation that the spare parts
			 were sufficiently stocked on-site before depletion and the reason for
			 depletion.
(d) Records of the monitoring, operating, and
			 inspection information required by paragraphs (c)(3) through (c)(10) of this
			 section shall be maintained by the owner or operator for at least 3 years
			 following the date of each occurrence, measurement, maintenance, corrective
			 action, or record.
(e) For a
			 control device other than a thermal vapor incinerator, catalytic vapor
			 incinerator, flare, boiler, process heater, condenser, or carbon adsorption
			 system, the Director will specify the appropriate recordkeeping
			 requirements.
(f) Up-to-date
			 information and data used to determine whether or not a process vent is subject
			 to the requirements in § 264.1032 including supporting documentation as
			 required by § 264.1034(d)(2) when application of the knowledge of the
			 nature of the hazardous waste stream or the process by which it was produced is
			 used, shall be recorded in a log that is kept in the facility operating
			 record.
§ 264.1036
Reporting requirements
(a) A
			 semiannual report shall be submitted by owners and operators subject to the
			 requirements of this Subsection to the Director by dates specified by the
			 Director. The report shall include the following information:
(1) The EPA identification number, name, and
			 address of the facility.
(2) For
			 each month during the semiannual reporting period, dates when the control
			 device exceeded or operated outside of the design specifications as defined in
			 § 264.1035(c)(4) and as indicated by the control device monitoring
			 required by § 264.1033(f) and such exceedances were not corrected within
			 24 hours, or that a flare operated with visible emissions as defined in §
			 264.1033(d) and as determined by Method 22 monitoring, the duration and cause
			 of each exceedance or visible emissions, and any corrective measures
			 taken.
(b) If, during the
			 semiannual reporting period, the control device does not exceed or operate
			 outside of the design specifications as defined in § 264.1035(c)(4) for
			 more than 24 hours or a flare does not operate with visible emissions as
			 defined in § 264.1033(d), a report to the Director is not required.
§§ 264.1037
-- 264.1049 [Reserved]
Subsection BB
-- Air Emissions
			 Standards for Equipment Leaks
§
			 264.1050
Applicability
(a) The rules in this Subsection apply to
			 owners and operators of facilities that treat, store, or dispose of hazardous
			 wastes (except as provided in § 264.1).
(b) Except as provided in § 264.1064(k),
			 this Subsection applies to equipment that contains or contacts hazardous wastes
			 with organic concentrations of at least 10 percent by weight that are managed
			 in one of the following:
(1) A unit that is
			 subject to the permitting requirements of § 270, or
(2) A unit (including a hazardous waste
			 recycling unit) that is not exempt from permitting under the provisions of
			 § 262.17 (i.e., a hazardous waste recycling unit that is not a "90-day"
			 tank or container) and that is located at a hazardous waste management facility
			 otherwise subject to the permitting requirements of § 270, or
(3) A unit that is exempt from permitting
			 under the provisions of § 262.17(i.e., a "90-day" tank or container) and
			 is not a recycling unit under the provisions of §
			 261.6.
(c) For the owner
			 or operator of a facility subject to this subsection and who received a final
			 permit under RCRA section 3005 prior to December 6, 1996, the requirements of
			 this subsection shall be incorporated into the permit when the permit is
			 reissued in accordance with the requirements of
			 40 CFR
			 124.15 or reviewed in accordance with the
			 requirements of § 270.50(d). Until such date when the owner or operator
			 receives a final permit incorporating the requirements of this subsection, the
			 owner or operator is subject to the requirements of § 265, subsection
			 BB.
(d) Each piece of equipment to
			 which this Subsection applies shall be marked in such a manner that it can be
			 distinguished readily from other pieces of equipment.
(e) Equipment that is in vacuum service is
			 excluded from the requirements of § 264.1052 to § 264.1060 if it is
			 identified as required in § 264.1064(g)(5).
[Note: The requirements of §§ 264.1052 through
				264.1065 apply to equipment associated with hazardous waste recycling units
				previously exempt under § 261.6(c)(1). Other exemptions under §§
				261.4 and 264.1(g) are not affected by these requirements.]
(f) Equipment that contains or contacts
			 hazardous waste with an organic concentration of at least 10 percent by weight
			 for less than 300 hours per calendar year is excluded from the requirements of
			 §§ 264.1052 through 264.1060 of this subsection if it is identified
			 as required in § 264.1064(g)(6) of this subsection.
(g)
Reserved.
(h) Purged coatings and solvents from surface
			 coating operations subject to the national emission standards for hazardous air
			 pollutants (NESHAP) for the surface coating of automobiles and light-duty
			 trucks at 40 CFR part 63, subpart IIII, are not subject to the requirements of
			 this subsection.
§
			 264.1051
Definitions
As used in this Subsection, all terms shall have the meaning
				given in § 264.1031, RCRA, the Act, and §§ 260-263 of this
				rule.
§ 264.1052
Standards: Pumps in light liquid service
(a)
(1)
			 Each pump in light liquid service shall be monitored monthly to detect leaks by
			 the methods specified in § 264.1063(b), except as provided in paragraphs
			 (d), (e), and (f) of this section.
(2) Each pump in light liquid service shall
			 be checked by visual inspection each calendar week for indications of liquids
			 dripping from the pump seal.
(b)
(1) If
			 an instrument reading of 10,000 ppm or greater is measured, a leak is
			 detected.
(2) If there are
			 indications of liquids dripping from the pump seal, a leak is detected.
(c)
(1)  When a leak is detected, it shall be
			 repaired as soon as practicable, but not later than 15 calendar days after it
			 is detected, except as provided in § 264.1059.
(2) A first attempt at repair (e.g.,
			 tightening the packing gland) shall be made no later than 5 calendar days after
			 each leak is detected.
(d) Each pump equipped with a dual mechanical
			 seal system that includes a barrier fluid system is exempt from the
			 requirements of paragraph (a) of this section, provided the following
			 requirements are met:
(1) Each dual
			 mechanical seal system must be:
(i) Operated
			 with the barrier fluid at a pressure that is at all times greater than the pump
			 stuffing box pressure, or
(ii)
			 Equipped with a barrier fluid degassing reservoir that is connected by a
			 closed-vent system to a control device that complies with the requirements of
			 § 264.1060, or
(iii) Equipped
			 with a system that purges the barrier fluid into a hazardous waste stream with
			 no detectable emissions to the atmosphere.
(2) The barrier fluid system must not be a
			 hazardous waste with organic concentrations 10 percent or greater by
			 weight.
(3) Each barrier fluid
			 system must be equipped with a sensor that will detect failure of the seal
			 system, the barrier fluid system, or both.
(4) Each pump must be checked by visual
			 inspection, each calendar week, for indications of liquids dripping from the
			 pump seals.
(5)
(i) Each sensor as described in paragraph
			 (d)(3) of this section must be checked daily or be equipped with an audible
			 alarm that must be checked monthly to ensure that it is functioning
			 properly.
(ii) The owner or
			 operator must determine, based on design considerations and operating
			 experience, a criterion that indicates failure of the seal system, the barrier
			 fluid system, or both. (6)(i) If there are indications of liquids dripping from
			 the pump seal or the sensor indicates failure of the seal system, the barrier
			 fluid system, or both based on the criterion determined in paragraph (d)(5)(ii)
			 of this section, a leak is detected.
(ii) When a leak is detected, it shall be
			 repaired as soon as practicable, but not later than 15 calendar days after it
			 is detected, except as provided in § 264.1059.
(iii) A first attempt at repair (e.g.,
			 relapping the seal) shall be made no later than 5 calendar days after each leak
			 is detected.
(e) Any pump that is designated, as described
			 in § 264.1064(g)(2), for no detectable emissions, as indicated by an
			 instrument reading of less than 500 ppm above background, is exempt from the
			 requirements of paragraphs (a), (c), and (d) of this section if the pump meets
			 the following requirements:
(1) Must have no
			 externally actuated shaft penetrating the pump housing.
(2) Must operate with no detectable emissions
			 as indicated by an instrument reading of less than 500 ppm above background as
			 measured by the methods specified in § 264.1063(c).
(3) Must be tested for compliance with
			 paragraph (e)(2) of this section initially upon designation, annually, and at
			 other times as requested by the Director. (f) If any pump is equipped with a
			 closed-vent system capable of capturing and transporting any leakage from the
			 seal or seals to a control device that complies with the requirements of §
			 264.1060, it is exempt from the requirements of paragraphs (a) through (e) of
			 this section.
§
			 264.1053
Standards: Compressors
(a) Each compressor shall be equipped with a
			 seal system that includes a barrier fluid system and that prevents leakage of
			 total organic emissions to the atmosphere, except as provided in paragraphs (h)
			 and (i) of this section.
(b) Each
			 compressor seal system as required in paragraph (a) of this section shall be:
(1) Operated with the barrier fluid at a
			 pressure that is at all times greater than the compressor stuffing box
			 pressure, or
(2) Equipped with a
			 barrier fluid system that is connected by a closed-vent system to a control
			 device that complies with the requirements of § 264.1060, or
(3) Equipped with a system that purges the
			 barrier fluid into a hazardous waste stream with no detectable emissions to
			 atmosphere.
(c) The
			 barrier fluid must not be a hazardous waste with organic concentrations 10
			 percent or greater by weight.
(d)
			 Each barrier fluid system as described in paragraphs (a) through (c) of this
			 section shall be equipped with a sensor that will detect failure of the seal
			 system, barrier fluid system, or both.
(e)
(1)
			 Each sensor as required in paragraph (d) of this section shall be checked daily
			 or shall be equipped with an audible alarm that must be checked monthly to
			 ensure that it is functioning properly unless the compressor is located within
			 the boundary of an unmanned plant site, in which case the sensor must be
			 checked daily.
(2) The owner or
			 operator shall determine, based on design considerations and operating
			 experience, a criterion that indicates failure of the seal system, the barrier
			 fluid system, or both.
(f) If the sensor indicates failure of the
			 seal system, the barrier fluid system, or both based on the criterion
			 determined under paragraph (e)(2) of this section, a leak is
			 detected.
(g)
(1) When a leak is detected, it shall be
			 repaired as soon as practicable, but not later than 15 calendar days after it
			 is detected, except as provided in § 264.1059.
(2) A first attempt at repair (e.g.,
			 tightening the packing gland) shall be made no later than 5 calendar days after
			 each leak is detected.
(h) A compressor is exempt from the
			 requirements of paragraphs (a) and (b) of this section if it is equipped with a
			 closed-vent system capable of capturing and transporting any leakage from the
			 seal to a control device that complies with the requirements of §
			 264.1060, except as provided in paragraph (i) of this section.
(i) Any compressor that is designated, as
			 described in § 264.1064(g)(2), for no detectable emissions as indicated by
			 an instrument reading of less than 500 ppm above background is exempt from the
			 requirements of paragraphs (a) through (h) of this section if the compressor:
(1) Is determined to be operating with no
			 detectable emissions, as indicated by an instrument reading of less than 500
			 ppm above background, as measured by the method specified in §
			 264.1063(c).
(2) Is tested for
			 compliance with paragraph (i)(1) of this section initially upon designation,
			 annually, and at other times as requested by the
			 Director.
§
			 264.1054
Standards: Pressure relief devices in gas/vapor
			 service
(a) Except during pressure
			 releases, each pressure relief device in gas/vapor service shall be operated
			 with no detectable emissions, as indicated by an instrument reading of less
			 than 500 ppm above background, as measured by the method specified in §
			 264.1063(c).
(b)
(1) After each pressure release, the pressure
			 relief device shall be returned to a condition of no detectable emissions, as
			 indicated by an instrument reading of less than 500 ppm above background, as
			 soon as practicable, but no later than 5 calendar days after each pressure
			 release, except as provided in § 264.1059.
(2) No later than 5 calendar days after the
			 pressure release, the pressure relief device shall be monitored to confirm the
			 condition of no detectable emissions, as indicated by an instrument reading of
			 less than 500 ppm above background, as measured by the method specified in
			 § 264.1063(c).
(c)
			 Any pressure relief device that is equipped with a closed-vent system capable
			 of capturing and transporting leakage from the pressure relief device to a
			 control device as described in § 264.1060 is exempt from the requirements
			 of paragraphs (a) and (b) of this section.
§ 264.1055
Standards: Sample
			 connecting systems
(a) Each sampling
			 connection system shall be equipped with a closed purge system or closed-vent
			 system. This system shall collect the sample purge for return to the process or
			 for routing to the appropriate treatment system. Gases displaced during filling
			 of the sample container are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or
			 closed-vent system as required in paragraph (a) of this section shall meet one
			 of the following requirements:
(1) Return the
			 purged process fluid directly to the process line;
(2) Collect and recycle the purged process
			 fluid; or
(3) Be designed and
			 operated to capture and transport all the purged process fluid to a waste
			 management unit that complies with the applicable requirements of §
			 264.1084 through § 264.1086 of this section or a control device that
			 complies with the requirements of § 264.1060 of this
			 section.
(c) In-situ
			 sampling systems and sampling systems without purges are exempt from the
			 requirements of paragraphs (a) and (b) of this section.
§ 264.1056
Standards: Open-ended
			 valves or lines
(a)
(1) Each open-ended valve or line shall be
			 equipped with a cap, blind flange, plug, or a second valve.
(2) The cap, blind flange, plug, or second
			 valve shall seal the open end at all times except during operations requiring
			 hazardous waste stream flow through the open-ended valve or
			 line.
(b) Each open-ended
			 valve or line equipped with a second valve shall be operated in a manner such
			 that the valve on the hazardous waste stream end is closed before the second
			 valve is closed.
(c) When a double
			 block and bleed system is being used, the bleed valve or line may remain open
			 during operations that require venting the line between the block valves but
			 shall comply with paragraph (a) of this section at all other times.
§ 264.1057
Standards: Valves in gas/vapor service or light liquid service
(a) Each valve in gas/vapor or light liquid
			 service shall be monitored monthly to detect leaks by the methods specified in
			 § 264.1063(b) and shall comply with paragraphs (b) through (e) of this
			 section, except as provided in paragraphs (f), (g), and (h) of this section,
			 and §§ 264.1061 and 264.1062.
(b) If an instrument reading of 10,000 ppm or
			 greater is measured, a leak is detected.
(c)
(1) Any
			 valve for which a leak is not detected for two successive months may be
			 monitored the first month of every succeeding quarter, beginning with the next
			 quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be
			 monitored monthly until a leak is not detected for two successive
			 months,
(d)
(1) When a leak is detected, it shall be
			 repaired as soon as practicable, but no later than 15 calendar days after the
			 leak is detected, except as provided in § 264.1059.
(2) A first attempt at repair shall be made
			 no later than 5 calendar days after each leak is detected.
(e) First attempts at repair include, but are
			 not limited to, the following best practices where practicable:
(1) Tightening of bonnet bolts.
(2) Replacement of bonnet bolts.
(3) Tightening of packing gland
			 nuts.
(4) Injection of lubricant
			 into lubricated packing.
(f) Any valve that is designated, as
			 described in § 264.1064(g)(2), for no detectable emissions, as indicated
			 by an instrument reading of less than 500 ppm above background, is exempt from
			 the requirements of paragraph (a) of this section if the valve:
(1) Has no external actuating mechanism in
			 contact with the hazardous waste stream.
(2) Is operated with emissions less than 500
			 ppm above background as determined by the method specified in §
			 264.1063(c).
(3) Is tested for
			 compliance with paragraph (f)(2) of this section initially upon designation,
			 annually, and at other times as requested by the Director.
(g) Any valve that is designated, as
			 described in § 264.1064(h)(1), as an unsafe-to-monitor valve is exempt
			 from the requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve
			 determines that the valve is unsafe to monitor because monitoring personnel
			 would be exposed to an immediate danger as a consequence of complying with
			 paragraph (a) of this section.
(2)
			 The owner or operator of the valve adheres to a written plan that requires
			 monitoring of the valve as frequently as practicable during safe-to-monitor
			 times.
(h) Any valve that
			 is designated, as described in § 264.1064(h)(2), as a difficult-to-monitor
			 valve is exempt from the requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve
			 determines that the valve cannot be monitored without elevating the monitoring
			 personnel more than 2 meters above a support surface.
(2) The hazardous waste management unit
			 within which the valve is located was in operation before June 21,
			 1990.
(3) The owner or operator of
			 the valve follows a written plan that requires monitoring of the valve at least
			 once per calendar year.
§ 264.1058
Standards: Pumps and
			 valves in heavy liquid service, pressure relief devices in light liquid or
			 heavy liquid service, and flanges and other connectors
(a) Pumps and valves in heavy liquid service,
			 pressure relief devices in light liquid or heavy liquid service, and flanges
			 and other connectors shall be monitored within 5 days by the method specified
			 in § 264.1063(b) if evidence of a potential leak is found by visual,
			 audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or
			 greater is measured, a leak is detected.
(c)
(1)
			 When a leak is detected, it shall be repaired as soon as practicable, but not
			 later than 15 calendar days after it is detected, except as provided in §
			 264.1059.
(2) The first attempt at
			 repair shall be made no later than 5 calendar days after each leak is
			 detected.
(d) First
			 attempts at repair include, but are not limited to, the best practices
			 described under § 264.1057(e).
(e) Any connector that is inaccessible or is
			 ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt
			 from the monitoring requirements of paragraph (a) of this section and from the
			 record-keeping requirements of § 264.1064 of this section.
§ 264.1059
Standards: Delay of repair
(a) Delay
			 of repair of equipment for which leaks have been detected will be allowed if
			 the repair is technically infeasible without a hazardous waste management unit
			 shutdown. In such a case, repair of this equipment shall occur before the end
			 of the next hazardous waste management unit shutdown.
(b) Delay of repair of equipment for which
			 leaks have been detected will be allowed for equipment that is isolated from
			 the hazardous waste management unit and that does not continue to contain or
			 contact hazardous waste with organic concentrations at least 10 percent by
			 weight.
(c) Delay of repair for
			 valves will be allowed if:
(1) The owner or
			 operator determines that emissions of purged material resulting from immediate
			 repair are greater than the emissions likely to result from delay of
			 repair.
(2) When repair procedures
			 are effected, the purged material is collected and destroyed or recovered in a
			 control device complying with § 264.1060.
(d) Delay of repair for pumps will be allowed
			 if:
(1) Repair requires the use of a dual
			 mechanical seal system that includes a barrier fluid system.
(2) Repair is completed as soon as
			 practicable, but not later than 6 months after the leak was
			 detected.
(e) Delay of
			 repair beyond a hazardous waste management unit shutdown will be allowed for a
			 valve if valve assembly replacement is necessary during the hazardous waste
			 management unit shutdown, valve assembly supplies have been depleted, and valve
			 assembly supplies had been sufficiently stocked before the supplies were
			 depleted. Delay of repair beyond the next hazardous waste management unit
			 shutdown will not be allowed unless the next hazardous waste management unit
			 shutdown occurs sooner than 6 months after the first hazardous waste management
			 unit shutdown.
§
			 264.1060
Standards: Closed-vent systems and control
			 devices
(a) Owners and operators of
			 closed-vent systems and control devices subject to this subsection shall comply
			 with the provisions of § 264.1033 of this section.
(b)
(1) The
			 owner or operator of an existing facility who cannot install a closed-vent
			 system and control device to comply with the provisions of this subsection on
			 the effective date that the facility becomes subject to the provisions of this
			 subsection must prepare an implementation schedule that includes dates by which
			 the closed-vent system and control device will be installed and in operation.
			 The controls must be installed as soon as possible, but the implementation
			 schedule may allow up to 30 months after the effective date that the facility
			 becomes subject to this subsection for installation and startup.
(2) Any unit that begins operation after
			 December 21, 1990, and is subject to the provisions of this subsection when
			 operation begins, must comply with the rules immediately (i.e., must have
			 control devices installed and operating on startup of the affected unit); the
			 30-month implementation schedule does not apply.
(3) The owner or operator of any facility in
			 existence on the effective date of a statutory or EPA regulatory amendment that
			 renders the facility subject to this subsection shall comply with all
			 requirements of this subpart as soon as practicable but no later than 30 months
			 after the amendment's effective date. When control equipment required by this
			 subsection can not be installed and begin operation by the effective date of
			 the amendment, the facility owner or operator shall prepare an implementation
			 schedule that includes the following information: Specific calendar dates for
			 award or contracts or issuance of purchase orders for the control equipment,
			 initiation of on-site installation of the control equipment, completion of the
			 control equipment installation, and performance of any testing to demonstrate
			 that the installed equipment meets the applicable standards of this subsection.
			 The owner or operator shall enter the implementation schedule in the operating
			 record or in a permanent, readily available file located at the
			 facility.
(4) Owners and operators
			 of facilities and units that become newly subject to the requirements of this
			 subsection after December 8, 1997, due to an action other than those described
			 in paragraph (b)(3) of this section must comply with all applicable
			 requirements immediately (i.e., must have control devices installed and
			 operating on the date the facility or unit becomes subject to this subsection;
			 the 30-month implementation schedule does not
			 apply).
§
			 264.1061
Alternative standards for valves in gas/vapor
			 service or in light liquid service: percentage of valves allowed to leak
(a) An owner or operator subject to the
			 requirements of § 264.1057 may elect to have all valves within a hazardous
			 waste management unit comply with an alternative standard that allows no
			 greater than 2 percent of the valves to leak.
(b) The following requirements shall be met
			 if an owner or operator decides to comply with the alternative standard of
			 allowing 2 percent of valves to leak:
(1) A
			 performance test as specified in paragraph (c) of this section shall be
			 conducted initially upon designation, annually, and at other times requested by
			 the Director.
(2) If a valve leak
			 is detected, it shall be repaired in accordance with § 264.1057(d) and
			 (e).
(c) Performance
			 tests shall be conducted in the following manner:
(1) All valves subject to the requirements in
			 § 264.1057 within the hazardous waste management unit shall be monitored
			 within 1 week by the methods specified in § 264.1063(b).
(2) If an instrument reading of 10,000 ppm or
			 greater is measured, a leak is detected.
(3) The leak percentage shall be determined
			 by dividing the number of valves subject to the requirements in § 264.1057
			 for which leaks are detected by the total number of valves subject to the
			 requirements in § 264.1057 within the hazardous waste management
			 unit.
§
			 264.1062
Alternative standards for valves in gas/vapor
			 service or in light liquid service; skip period leak detection and
			 repair
(a) An owner or operator
			 subject to the requirements of § 264.1057 may elect for all valves within
			 a hazardous waste management unit to comply with one of the alternative work
			 practices specified in paragraphs (b) (2) and (3) of this section.
(b)
(1) An
			 owner or operator shall comply with the requirements for valves, as described
			 in § 264.1057, except as described in paragraphs (b)(2) and (b)(3) of this
			 section.
(2) After two consecutive
			 quarterly leak detection periods with the percentage of valves leaking equal to
			 or less than 2 percent, an owner or operator may begin to skip one of the
			 quarterly leak detection periods (i.e., monitor for leaks once every six
			 months) for the valves subject to the requirements in § 264.1057 of this
			 subsection.
(3) After five
			 consecutive quarterly leak detection periods with the percentage of valves
			 leaking equal to or less than 2 percent, an owner or operator may begin to skip
			 three of the quarterly leak detection periods (i.e., monitor for leaks once
			 every year) for the valves subject to the requirements in § 264.1057 of
			 this subsection.
(4) If the
			 percentage of valves leaking is greater than 2 percent, the owner or operator
			 shall monitor monthly in compliance with the requirements in § 264.1057,
			 but may again elect to use this section after meeting the requirements of
			 § 264.1057(c)(1).
§ 264.1063
Test methods and
			 procedures
(a) Each owner or operator
			 subject to the provisions of this Subsection shall comply with the test methods
			 and procedures requirements provided in this section.
(b) Leak detection monitoring, as required in
			 §§ 264.1052-11.1062, shall comply with the following requirements:
(1) Monitoring shall comply with Reference
			 Method 21 in 40 CFR part 60.
(2)
			 The detection instrument shall meet the performance criteria of Reference
			 Method 21.
(3) The instrument shall
			 be calibrated before use on each day of its use by the procedures specified in
			 Reference Method 21.
(4)
			 Calibration gases shall be:
(i) Zero air (less
			 than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
			 at a concentration of approximately, but less than, 10,000 ppm methane or
			 n-hexane.
(5) The
			 instrument probe shall be traversed around all potential leak interfaces as
			 close to the interface as possible as described in Reference Method
			 21.
(c) When equipment is
			 tested for compliance with no detectable emissions. as required in §§
			 264.1052(e), 264.1053(i), 264.1054, and 264.1057(f), the test shall comply with
			 the following requirements:
(1) The
			 requirements of paragraphs (b)(1) through (4) of this section shall
			 apply.
(2) The background level
			 shall be determined as set forth in Reference Method 21.
(3) The instrument probe shall be traversed
			 around all potential leak interfaces as close to the interface as possible as
			 described in Reference Method 21.
(4) The arithmetic difference between the
			 maximum concentration indicated by the instrument and the background level is
			 compared with 500 ppm for determining compliance.
(d) In accordance with the waste analysis
			 plan required by § 264.13(b), an owner or operator of a facility must
			 determine, for each piece of equipment, whether the equipment contains or
			 contacts a hazardous waste with organic concentration that equals or exceeds 10
			 percent by weight using the following:
(1)
			 Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85
			 (incorpor-ated by reference under § 260.11);
(2) Method 9060A (incorporated by reference
			 under § 260.11) of ''Test Methods for Evaluating Solid Waste,'' EPA
			 Publication SW-846, for computing total organic concentration of the sample, or
			 analyzed for its individual organic constituents ; or
(3) Application of the knowledge of the
			 nature of the hazardous waste stream or the process by which it was produced.
			 Documentation of a waste determination by knowledge is required. Examples of
			 documentation that shall be used to support a determination under this
			 provision include production process information documenting that no organic
			 compounds are used, information that the waste is generated by a process that
			 is identical to a process at the same or another facility that has previously
			 been demonstrated by direct measurement to have a total organic content less
			 than 10 percent, or prior speciation analysis results on the same waste stream
			 where it can also be documented that no process changes have occurred since
			 that analysis that could affect the waste total organic
			 concentration.
(e) If an
			 owner or operator determines that a piece of equipment contains or contacts a
			 hazardous waste with organic concentrations at least 10 percent by weight, the
			 determination can be revised only after following the procedures in paragraph
			 (d)(1) or (d)(2) of this section.
(f) When an owner or operator and the
			 Director do not agree on whether a piece of equipment contains or contacts a
			 hazardous waste with organic concentrations at least 10 percent by weight, the
			 procedures in paragraph (d)(1) or (d)(2) of this section can be used to resolve
			 the dispute.
(g) Samples used in
			 determining the percent organic content shall be representative of the highest
			 total organic content hazardous waste that is expected to be contained in or
			 contact the equipment.
(h) To
			 determine if pumps or valves are in light liquid service, the vapor pressures
			 of constituents may be obtained from standard reference texts or may be
			 determined by ASTM D-2879-86 (incorporated by reference under §
			 260.11).
(i) Performance tests to
			 determine if a control device achieves 95 weight percent organic emission
			 reduction shall comply with the procedures of § 264.1034(c)(1) through
			 (c)(4).
§ 264.1064
Recordkeeping requirements
(a)
(1) Each owner or operator subject to the
			 provisions of this Subsection shall comply with the recordkeeping requirements
			 of this section.
(2) An owner or
			 operator of more than one hazardous waste management unit subject to the
			 provisions of this Subsection may comply with the recordkeeping requirements
			 for these hazardous waste management units in one recordkeeping system if the
			 system identifies each record by each hazardous waste management unit.
(b) Owners and operators
			 must record the following information in the facility operating record:
(1) For each piece of equipment to which
			 Subsection BB of Section 264 applies:
(i)
			 Equipment identification number and hazardous waste management unit
			 identification.
(ii) Approximate
			 locations within the facility (e.g., identify the hazardous waste management
			 unit on a facility plot plan).
(iii) Type of equipment (e.g.. a pump or
			 pipeline valve).
(iv)
			 Percent-by-weight total organics in the hazardous waste stream at the
			 equipment.
(v) Hazardous waste
			 state at the equipment (e.g., gas/vapor or liquid).
(vi) Method of compliance with the standard
			 (e.g., "monthly leak detection and repair" or "equipped with dual mechanical
			 seals").
(2) For
			 facilities that comply with the provisions of § 264.1033(a)(2), an
			 implementation schedule as specified in § 264.1033(a)(2).
(3) Where an owner or operator chooses to use
			 test data to demonstrate the organic removal efficiency or total organic
			 compound concentration achieved by the control device, a performance test plan
			 as specified in § 264.1035(b)(3).
(4) Documentation of compliance with §
			 264.1060, including the detailed design documentation or performance test
			 results specified in § 264.1035(b)(4).
(c) When each leak is detected as specified
			 in §§ 264.1052, 264.1053, 264.1057, and 264.1058, the following
			 requirements apply:
(1) A weatherproof and
			 readily visible identification, marked with the equipment identification
			 number, the date evidence of a potential leak was found in accordance with
			 § 264.1058(a), and the date the leak was detected, shall be attached to
			 the leaking equipment.
(2) The
			 identification on equipment, except on a valve, may be removed after it has
			 been repaired.
(3) The
			 identification on a valve may be removed after it has been monitored for 2
			 successive months as specified in § 264.1057(c) and no leak has been
			 detected during those 2 months.
(d) When each leak is detected as specified
			 in §§ 264.1052, 264.1053, 264.1057, and 264.1058, the following
			 information shall be recorded in an inspection log and shall be kept in the
			 facility operating record:
(1) The instrument
			 and operator identification numbers and the equipment identification
			 number.
(2) The date evidence of a
			 potential leak was found in accordance with § 264.1058(a).
(3) The date the leak was detected and the
			 dates of each attempt to repair the leak.
(4) Repair methods applied in each attempt to
			 repair the leak.
(5) "Above 10,000"
			 if the maximum instrument reading measured by the methods specified in §
			 264.1063(b) after each repair attempt is equal to or greater than 10,000
			 ppm.
(6) "Repair delayed" and the
			 reason for the delay if a leak is not repaired within 15 calendar days after
			 discovery of the leak.
(7)
			 Documentation supporting the delay of repair of a valve in compliance with
			 § 264.1059(c).
(8) The
			 signature of the owner or operator (or designate) whose decision it was that
			 repair could not be effected without a hazardous waste management unit
			 shutdown.
(9) The expected date of
			 successful repair of the leak if a leak is not repaired within 15 calendar
			 days.
(10) The date of successful
			 repair of the leak.
(e)
			 Design documentation and monitoring, operating, and inspection information for
			 each closed-vent system and control device required to comply with the
			 provisions of § 264.1060 shall be recorded and kept up-to-date in the
			 facility operating record as specified in § 264.1035(c). Design
			 documentation is specified in § 264.1035 (c)(1) and (c)(2) and monitoring,
			 operating, and inspection information in §
			 264.1035(c)(3)-(c)(8).
(f) For a
			 control device other than a thermal vapor incinerator, catalytic vapor
			 incinerator, flare, boiler, process heater, condenser, or carbon adsorption
			 system, the Director will specify the appropriate recordkeeping
			 requirements.
(g) The following
			 information pertaining to all equipment subject to the requirements in
			 §§ 264.1052 through 264.1060 shall be recorded in a log that is kept
			 in the facility operating record:
(1) A list
			 of identification numbers for equipment (except welded fittings) subject to the
			 requirements of this Subsection.
(2)
(i) A
			 list of identification numbers for equipment that the owner or operator elects
			 to designate for no detectable emissions, as indicated by an instrument reading
			 of less than 500 ppm above background, under the provisions of §§
			 264.1052(e), 264.1053(i), and 264.1057(f).
(ii) The designation of this equipment as
			 subject to the requirements of §§ 264.1052(e), 264.1053(i), or
			 264.1057(f) shall be signed by the owner or operator. (3) A list of equipment
			 identification numbers for pressure relief devices required to comply with
			 § 264.1054(a).
(4)
(i) The dates of each compliance test
			 required in §§ 264.1052(e), 264.1053(i), 264.1054, and
			 264.1057(f).
(ii) The background
			 level measured during each compliance test.
(iii) The maximum instrument reading measured
			 at the equipment during each compliance test.
(5) A list of identification numbers for
			 equipment in vacuum service.
(6)
			 Identification, either by list or location (area or group) of equipment that
			 contains or contacts hazardous waste with an organic concentration of at least
			 10 percent by weight for a period of less than 300 hours per calendar
			 year.
(h) The following
			 information pertaining to all valves subject to the requirements of §
			 264.1057 (g) and (h) shall be recorded in a log that is kept in the facility
			 operating record:
(1) A list of
			 identification numbers for valves that are designated as unsafe to monitor, an
			 explanation for each valve stating why the valve is unsafe to monitor, and the
			 plan for monitoring each valve.
(2)
			 A list of identification numbers for valves that are designated as difficult to
			 monitor, an explanation for each valve stating why the valve is difficult to
			 monitor, and the planned schedule for monitoring each valve.
(i) The following information
			 shall be recorded in the facility operating record for valves complying with
			 § 264.1062:
(1) A schedule of
			 monitoring.
(2) The percent of
			 valves found leaking during each monitoring period.
(j) The following information shall be
			 recorded in a log that is kept in the facility operating record:
(1) Criteria required in §
			 264.1052(d)(5)(ii) and § 264.1053(e)(2) and an explanation of the design
			 criteria.
(2) Any changes to these
			 criteria and the reasons for the changes.
(k) The following information shall be
			 recorded in a log that is kept in the facility operating record for use in
			 determining exemptions as provided in the applicability section of this
			 Subsection and other specific Subsections:
(1)
			 An analysis determining the design capacity of the hazardous waste management
			 unit.
(2) A statement listing the
			 hazardous waste influent to and effluent from each hazardous waste management
			 unit subject to the requirements in §§ 264.1052 through 264.1060 and
			 an analysis determining whether these hazardous wastes are heavy
			 liquids.
(3) An up-to-date analysis
			 and the supporting information and data used to determine whether or not
			 equipment is subject to the requirements in §§ 264.1052 through
			 264.1060. The record shall include supporting documentation as required by
			 § 264.1063(d)(3) when application of the knowledge of the nature of the
			 hazardous waste stream or the process by which it was produced is used. If the
			 owner or operator takes any action (e.g., changing the process that produced
			 the waste) that could result in an increase in the total organic content of the
			 waste contained in or contacted by equipment determined not to be subject to
			 the requirements in §§ 264.1052 through 264.1060, then a new
			 determination is required.
(l) Records of the equipment leak information
			 required by paragraph (d) of this section and the operating information
			 required by paragraph (e) of this section need be kept only 3 years.
(m) The owner or operator of a facility with
			 equipment that is subject to this subsection and to regulations at 40 CFR part
			 60, part 61, or part 63 may elect to determine compliance with this subsection
			 either by documentation pursuant to § 264.1064 of this subsection, or by
			 documentation of compliance with the regulations at 40 CFR part 60, part 61, or
			 part 63 pursuant to the relevant provisions of the regulations at 40 CFR part
			 60, part 61, or part 63. The documentation of compliance under regulations at
			 40 CFR part 60, part 61, or part 63 shall be kept with or made readily
			 available with the facility operating record.
§ 264.1065
Reporting
			 requirements
(a) A semiannual report
			 shall be submitted by owners and operators subject to the requirements of this
			 Subsection to the Director by dates specified by the Director. The report shall
			 include the following information:
(1) The
			 Environmental Protection Agency identification number, name, and address of the
			 facility.
(2) For each month during
			 the semiannual reporting period:
(i) The
			 equipment identification number of each valve for which a leak was not repaired
			 as required in § 264.1057(d).
(ii) The equipment identification number of
			 each pump for which a leak was not repaired as required in § 264.1052 (c)
			 and (d)(6).
(iii) The equipment
			 identification number of each compressor for which a leak was not repaired as
			 required in § 264.1053(g).
(3) Dates of hazardous waste management unit
			 shutdowns that occurred within the semiannual reporting period.
(4) For each month during the semiannual
			 reporting period, dates when the control device installed as required by §
			 264.1052, 264.1053, 264.1054, or 264.1055 exceeded or operated outside of the
			 design specifications as defined in § 264.1064(e) and as indicated by the
			 control device monitoring required by § 264.1060 and was not corrected
			 within 24 hours, the duration and cause of each exceedance, and any corrective
			 measures taken.
(b) If,
			 during the semiannual reporting period, leaks from valves, pumps, and
			 compressors are repaired as required in §§ 264.1057 (d), 264.1052 (c)
			 and (d)(6), and 264.1053 (g), respectively, and the control device does not
			 exceed or operate outside of the design specifications as defined in §
			 264.1064(e) for more than 24 hours, a report to the Director is not required.
§§ 264.1066
-- 264.1079 [Reserved]
Subsection CC
- Air Emission Standards
			 for Tanks, Surface Impoundments, and Containers
§ 264.1080
Applicability
(a) The requirements of this subsection apply
			 to owners and operators of all facilities that treat, store, or dispose of
			 hazardous waste in tanks, surface impoundments, or containers subject to either
			 subsections I, J, or K of this Section except as § 264.1 and paragraph (b)
			 of this section provide otherwise.
(b) The requirements of this subsection do
			 not apply to the following waste management units at the facility:
(1) A waste management unit that holds
			 hazardous waste placed in the unit before December 6, 1996, and in which no
			 hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity
			 less than or equal to 0.1 m3 .
(3) A tank in which an owner or operator has
			 stopped adding hazardous waste and the owner or operator has begun implementing
			 or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner
			 or operator has stopped adding hazardous waste (except to implement an approved
			 closure plan) and the owner or operator has begun implementing or completed
			 closure pursuant to an approved closure plan.
(5) A waste management unit that is used
			 solely for on-site treatment or storage of hazardous waste that is placed in th
			 eunit as a result of implementing remedial activities required under the
			 corrective action authorities of RCRA sections 3004(u), 3004(v) or 3008(h),
			 CERCLA authorities, or similar Federal or State authorities.
(6) A waste management unit that is used
			 solely for the management of radioactive mixed waste in accordance with all
			 applicable regulations under the authority of the Atomic Energy Act and the
			 Nuclear Waste Policy Act.
(7) A
			 hazardous waste management unit that the owner or operator certifies is
			 equipped with and operating air emission controls in accordance with the
			 requirements of an applicable Clean Air Act regulation codified under 40 CFR
			 section 60, part 61, or part 63. For the purpose of complying with this
			 paragraph, a tank for which the air emission control includes an enclosure, as
			 opposed to a cover, must be in compliance with the enclosure and control device
			 requirements of § 264.1084(i), except as provided in §
			 264.1082(c)(5).
(8) A tank that has
			 a process vent as defined in §264.1031.
(c) For the owner and operator of a facility
			 subject to this subsection who received a final permit under RCRA section 3005
			 prior to December 6, 1996, the requirements of this subsection shall be
			 incorporated into the permit when the permit is reissued in accordance with the
			 requirements of
			 40 CFR
			 124.15 or is reviewed in accordance with the
			 requirements of § 270.50(d) of this rule. Until such date when the permit
			 is reissued in accordance with the requirements of
			 40 CFR
			 124.15 or is reviewed in accordance with the
			 requirements of § 270.50(d), the owner and operator are subject to the
			 requirements of Section 265, subsection CC.
(d) The requirements of this subsection,
			 except for the recordkeeping requirements specified in § 264.1089(i) of
			 this subsection, are administratively stayed for a tank or a container used for
			 the management of hazardous waste generated by organic peroxide manufacturing
			 and its associated laboratory operations when the owner or operator of the unit
			 meets all of the following conditions:
(1) The
			 owner or operator identifies that the tank or container receives hazardous
			 waste generated by an organic peroxide manufacturing process producing more
			 than one functional family of organic peroxides or multiple organic peroxides
			 within one functional family, that one or more of these organic peroxides could
			 potentially undergo self-accelerating thermal decomposition at or below ambient
			 temperatures, and that organic peroxides are the predominant products
			 manufactured by the process. For the purpose of meeting the conditions of this
			 paragraph, "organic peroxide" means an organic compound that contains the
			 bivalent -O-O- structure and which may be considered to be a structural
			 derivative of hydrogen peroxide where one or both of the hydrogen atoms has
			 been replaced by an organic radical.
(2) The owner or operator prepares
			 document-ation, in accordance with the requirements of § 264.1089(i) of
			 this subsection, explaining why an undue safety hazard would be created if air
			 emission controls specified in §§ 264.1084 through 264.1087 of this
			 subsection are installed and operated on the tanks and containers used at the
			 facility to manage the hazardous waste generated by the organic peroxide
			 manufacturing process or processes meeting the conditions of paragraph (d)(1)
			 of this section.
(3) The owner or
			 operator notifies the Director in writing that hazardous waste generated by an
			 organic peroxide manufacturing process or processes meeting the conditions of
			 paragraph (d)(1) of this section are managed at the facility in tanks or
			 containers meeting the conditions of paragraph (d)(2) of this section. The
			 notification shall state the name and address of the facility, and be signed
			 and dated by an authorized representative of the facility owner or
			 operator.
§
			 264.1081
Definitions
As used in this subsection, all terms shall have the meaning
				given to them in
				40
				CFR 265.1081, the Act, and Sections 260
				through 266 of this rule.
§
			 264.1082
Standards: General
(a) This section applies to the management of
			 hazardous waste in tanks, surface impoundments, and containers subject to this
			 subsection.
(b) The owner or
			 operator shall control air pollutant emissions from each hazardous waste
			 management unit in accordance with standards specified in §§ 264.1084
			 through 264.1087 of this subsection, as applicable to the hazardous waste
			 management unit, except as provided for in paragraph (c) of this
			 section.
(c) A tank, surface
			 impoundment, or container is exempt from standards specified in § 264.1084
			 through § 264.1087 of this subsection, as applicable, provided that the
			 waste management unit is one of the following:
(1) A tank, surface impoundment, or container
			 for which all hazardous waste entering the unit has an average VO concentration
			 at the point of waste origination of less than 500 parts per million by weight
			 (ppmw). The average VO concentration shall be determined using the procedures
			 specified in § 264.1083(a) of this subsection. The owner or operator shall
			 review and update, as necessary, this determination at least once every 12
			 months following the date of the initial determination for the hazardous waste
			 streams entering the unit.
(2) A
			 tank, surface impoundment, or container for which the organic content of all
			 the hazardous waste entering the waste management unit has been reduced by an
			 organic destruction or removal process that achieves any one of the following
			 conditions:
(i) A process that removes or
			 destroys the organics contained in the hazardous waste to a level such that the
			 average VO concentration of the hazardous waste at the point of waste treatment
			 is less than the exit concentration limit (Ct) established for the process. The
			 average VO concentration of the hazardous waste at the point of waste treatment
			 and the exit concentration limit for the process shall be determined using the
			 procedures specified in § 264.1083(b) of this subsection.
(ii) A process that removes or destroys the
			 organics contained in the hazardous waste to a level such that the organic
			 reduction efficiency (R) for the process is equal to or greater than 95
			 percent, and the average VO concentration of the hazardous waste at the point
			 of waste treatment is less than 100 ppmw. The organic reduction efficiency for
			 the process and the average VO concentration of the hazardous waste at the
			 point of waste treatment shall be determined using the procedures specified in
			 § 264.1083(b) of this subsection.
(iii) A process that removes or destroys the
			 organics contained in the hazardous waste to a level such that the actual
			 organic mass removal rate (MR) for the process is equal to or greater than the
			 required organic mass removal rate (RMR) established for the process. The
			 required organic mass removal rate and the actual organic mass removal rate for
			 the process shall be determined using the procedures specified in §
			 264.1083(b) of this subsection.
(iv) A biological process that destroys or
			 degrades the organics contained in the hazardous waste, such that either of the
			 following conditions is met:
(A) The organic
			 reduction efficiency (R) for the process is equal to or greater than 95
			 percent, and the organic biodegradation efficiency (R ) for the process is
			 equal to bio or greater than 95 percent. The organic reduction efficiency and
			 the organic biodeg-radation efficiency for the process shall be determined
			 using the procedures specified in § 264.1083(b) of this subsection.
(B) The total actual organic mass
			 biodegradation rate (MR ) for all hazardous bio waste treated by the process is
			 equal to or greater than the required organic mass removal rate (RMR). The
			 required organic mass removal rate and the actual organic mass biodegradation
			 rate for the process shall be determined using the procedures specified in
			 § 264.1083(b) of this subsection.
(v) A process that removes or destroys the
			 organics contained in the hazardous waste and meets all of the following
			 conditions:
(A) From the point of waste
			 origination through the point where the hazardous waste enters the treatment
			 process, the hazardous waste is managed continuously in waste management units
			 which use air emission controls in accordance with the standards specified in
			 § 264.1084 through § 264.1087 of this subsection, as applicable to
			 the waste management unit.
(B) From
			 the point of waste origination through the point where the hazardous waste
			 enters the treatment process, any transfer of the hazardous waste is
			 accomplished through continuous hard-piping or other closed system transfer
			 that does not allow exposure of the waste to the atmosphere. The EPA considers
			 a drain system that meets the requirements of 40 CFR part 63, subpart RR -
			 National Emission Standards for Individual Drain Systems to be a closed
			 system.
(C) The average VO
			 concentration of the hazardous waste at the point of waste treatment is less
			 than the lowest average VO concentration at the point of waste origination
			 determined for each of the individual waste streams entering the process or 500
			 ppmw, whichever value is lower. The average VO concentration of each individual
			 waste stream at the point of waste origination shall be determined using the
			 procedures specified in § 264.1083(a) of this sub-section. The average VO
			 concentration of the hazardous waste at the point of waste treatment shall be
			 determined using the procedures specified in § 264.1083(b) of this
			 subsection.
(vi) A
			 process that removes or destroys the organics contained in the hazardous waste
			 to a level such that the organic reduction efficiency (R) for the process is
			 equal to or greater than 95 percent and the owner or operator certifies that
			 the average VO concentration at the point of waste origination for each of the
			 individual waste streams entering the process is less than 10,000 ppmw. The
			 organic reduction efficiency for the process and the average VO concentration
			 of the hazardous waste at the point of waste origination shall be determined
			 using the procedures specified in § 264.1083(b) and § 264.1083(a) of
			 this subsection, respectively.
(vii) A hazardous waste incinerator for which
			 the owner or operator has either:
(A) Been
			 issued a final permit under § 270 which implements the requirements of
			 subsection O of this section; or
(B) Has designed and operates the incinerator
			 in accordance with the interim status requirements of § 265, subsection
			 O.
(viii) A boiler or
			 industrial furnace for which the owner or operator has either:
(A) Been issued a final permit under §
			 270 which implements the requirements of § 266, subsection H, or
(B) Has designed and operates the boiler or
			 industrial furnace in accordance with the interim status requirements of §
			 266, subsection H.
(ix)
			 For the purpose of determining the performance of an organic destruction or
			 removal process in accordance with the conditions in each of paragraphs
			 (c)(2)(i) through (c)(2)(vi) of this section, the owner or operator shall
			 account for VO concentrations determined to be below the limit of detection of
			 the analytical method by using the following VO concentration:
(A) If Method 25D in 40 CFR part 60, Appendix
			 A is used for the analysis, one-half the blank value determined in the method
			 at section 4.4 of Method 25D in 40 CFR part 60, Appendix A, or a value of 25
			 ppmw, whichever is less.
(B) If any
			 other analytical method is used, one-half the sum of the limits of detection
			 established for each organic constituent in the waste that has a Henry's law
			 constant value at least 0. 1mole-
			 fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which 3
			 -6 can also be expressed as 1.8 x 10 atmospheres/gram-mole/m ] at 25 degrees
			 Celsius.
(3) A
			 tank or surface impoundment used for biological treatment of hazardous waste in
			 accordance with the requirements of paragraph (c)(2)(iv) of this
			 section.
(4) A tank, surface
			 impoundment, or container for which all hazardous waste placed in the unit
			 either:
(i) Meets the numerical concentration
			 limits for organic hazardous constituents, applicable to the hazardous waste,
			 as specified in § 268 - Land Disposal Restrictions under Table "Treatment
			 Standards for Hazardous Waste" in § 268.40; or
(ii) The organic hazardous constituents in
			 the waste have been treated by the treatment technology established by the EPA
			 for the waste in § 268.42(a), or have been removed or destroyed by an
			 equivalent method of treatment approved by EPA pursuant to § 268.42(b).
(5) A tank used for bulk
			 feed of hazardous waste to a waste incinerator and all of the following
			 conditions are met:
(i) The tank is located
			 inside an enclosure vented to a control device that is designed and operated in
			 accordance with all applicable requirements specified under 40 CFR part 61,
			 subpart FF - National Emission Standards for Benzene Waste Operations for a
			 facility at which the total annual benzene quantity from the facility waste is
			 equal to or greater than 10 megagrams per year;
(ii) The enclosure and control device serving
			 the tank were installed and began operation prior to December 6, 1996
			 and
(iii) The enclosure is designed
			 and operated in accordance with the criteria for a permanent total enclosure as
			 specified in "Procedure T - Criteria for and Verifi-cation of a Permanent or
			 Temporary Total Enclosure" under
			 40
			 CFR 52.741, Appendix B. The enclosure may
			 have permanent or temporary openings to allow worker access; passage of
			 material into or out of the enclosure by conveyor, vehicles, or other
			 mechanical or electrical equipment; or to direct air flow into the enclosure.
			 The owner or operator shall perform the verification procedure for the
			 enclosure as specified in Section 5.0 to "Procedure T - Criteria for and
			 Verification of a Permanent or Temporary Total Enclosure" annually.
(d) The
			 Director may at any time perform or request that the owner or operator perform
			 a waste determination for a hazardous waste managed in a tank, surface
			 impoundment, or container exempted from using air emission controls under the
			 provisions of this section as follows:
(1)
			 The waste determination for average VO concentration of a hazardous waste at
			 the point of waste origination shall be performed using direct measurement in
			 accordance with the applicable requirements of § 264.1083(a) of this
			 subsection. The waste determination for a hazardous waste at the point of waste
			 treatment shall be performed in accordance with the applicable requirements of
			 § 264.1083(b) of this subsection.
(2) In performing a waste determination
			 pursuant to paragraph (d)(1) of this section, the sample preparation and
			 analysis shall be conducted as follows:
(i) In
			 accordance with the method used by the owner or operator to perform the waste
			 analysis, except in the case specified in paragraph (d)(2)(ii) of this
			 section.
(ii) If the Director
			 determines that the method used by the owner or operator was not appropriate
			 for the hazardous waste managed in the tank, surface impoundment, or container,
			 then the Director may choose an appropriate method.
(3) In a case when the owner or operator is
			 requested to perform the waste determination, the Director may elect to have an
			 authorized representative observe the collection of the hazardous waste samples
			 used for the analysis.
(4) In a
			 case when the results of the waste determination performed or requested by the
			 Director do not agree with the results of a waste determination performed by
			 the owner or operator using knowledge of the waste, then the results of the
			 waste determination performed in accordance with the requirements of paragraph
			 (d)(1) of this section shall be used to establish compliance with the
			 requirements of this subsection.
(5) In a case when the owner or operator has
			 used an averaging period greater than 1 hour for determining the average VO
			 concentration of a hazardous waste at the point of waste origination, the
			 Director may elect to establish compliance with this subsection by performing
			 or requesting that the owner or operator perform a waste determination using
			 direct measurement based on waste samples collected within a 1-hour period as
			 follows:
(i) The average VO concentration of
			 the hazardous waste at the point of waste origination shall be determined by
			 direct measurement in accordance with the requirements of § 264.1083(a) of
			 this subsection.
(ii) Results of
			 the waste determination performed or requested by the Director showing that the
			 average VO concentration of the hazardous waste at the point of waste
			 origination is equal to or greater than 500 ppmw shall constitute noncompliance
			 with this subsection except in a case as provided for in paragraph (d)(5)(iii)
			 of this section. (iii) For the case when the average VO concentration of the
			 hazardous waste at the point of waste origination previously has been
			 determined by the owner or operator using an averaging period greater than 1
			 hour to be less than 500 ppmw but because of normal operating process
			 variations the VO concentration of the hazardous waste determined by direct
			 measurement for any given 1-hour period may be equal to or greater than 500
			 ppmw, information that was used by the owner or operator to determine the
			 average VO concentration of the hazardous waste (e.g., test results,
			 measurements, calculations, and other documentation) and recorded in the
			 facility records in accordance with the requirements of § 264.1083(a) and
			 § 264.1089 of this subsection shall be considered by the Director together
			 with the results of the waste determination performed or requested by the
			 Director in establishing compliance with this subsection.
§
			 264.1083
Waste determination procedures
(a) Waste determination procedure to
			 determine average volatile organic (VO) concentration of a hazardous waste at
			 the point of waste origination.
(1) An owner
			 or operator shall determine the average VO concentration at the point of waste
			 origination for each hazardous waste placed in a waste management unit exempted
			 under the provisions of § 264.1082(c)(1) of this subsection from using air
			 emission controls in accordance with standards specified in § 264.1084
			 through § 264.1087 of this subsection, as applicable to the waste
			 management unit.
(i) An initial determination
			 of the average VO concentration of the waste stream shall be made before the
			 first time any portion of the material in the hazardous waste stream is placed
			 in a waste management unit exempted under the provisions of §
			 264.1082(c)(1) of this subsection from using air emission controls, and
			 thereafter an initial determination of the average VO concentration of the
			 waste stream shall be made for each averaging period that a hazardous waste is
			 managed in the unit; and
(ii)
			 Perform a new waste determination whenever changes to the source generating the
			 waste stream are reasonably likely to cause the average VO concentration of the
			 hazardous waste to increase to a level that is equal to or greater than the
			 applicable VO concentration limits specified in § 264.1082 of this
			 subsection.
(2)  For a
			 waste determination that is required by paragraph (a)(1) of this section, the
			 average VO concentration of a hazardous waste at the point of waste origination
			 shall be determined in accordance with the procedures specified in §§
			 265.1084(a)(2) through (a)(4).
(b) Waste determination procedures for
			 treated hazardous waste.
(1) An owner or
			 operator shall perform the applicable waste determinations for each treated
			 hazardous waste placed in waste management units exempted under the provisions
			 of § 264.1082(c)(2)(i) through (c)(2)(vi) of this subsection from using
			 air emission controls in accordance with standards specified in §§
			 264.1084 through 264.1087 of this subsection, as is applicable to the waste
			 management unit.
(i) An initial determination
			 of the average VO concentration of the waste stream shall be made before the
			 first time any portion of the material in the treated waste stream is placed in
			 the exempt waste management unit, and thereafter update the information used
			 for the waste determination at least once every 12 months following the date of
			 the initial waste determination; and
(ii) Perform a new waste determination
			 whenever changes to the process generating or treating the waste stream are
			 reasonably likely to cause the average VO concentration of the hazardous waste
			 to increase to a level such that the applicable treatment conditions specified
			 in § 264.1082 (c)(2) of this subsection are not achieved.
(2) The waste
			 determination for a treated hazardous waste shall be performed in accordance
			 with the procedures specified in § 265.1084(b)(2) through (b)(9), as
			 applicable to the treated hazardous waste.
(c) Procedure to determine the maximum
			 organic vapor pressure of a hazardous waste in a tank.
(1) An owner or operator shall determine the
			 maximum organic vapor pressure for each hazardous waste placed in a tank using
			 Tank Level 1 controls in accordance with standards specified in §
			 264.1084(c) of this subsection.
(2)
			 The maximum organic vapor pressure of the hazardous waste may be determined in
			 accordance with the procedures specified in § 265.1084(c)(2) through
			 (c)(4).
(d) The procedure
			 for determining no detectable organic emissions for the purpose of complying
			 with this subsection shall be conducted in accordance with the procedures
			 specified in § 265.1084(d).
§ 264.1084
Standards: Tanks
(a) The provisions of this section apply to
			 the control of air pollutant emissions from tanks for which § 264.1082(b)
			 of this subsection references the use of this section for such air emission
			 control.
(b) The owner or operator
			 shall control air pollutant emissions from each tank subject to this section in
			 accordance with the following requirements as applicable:
(1) For a tank that manages hazardous waste
			 that meets all of the conditions specified in paragraphs (b)(1)(i) through
			 (b)(1)(iii) of this section, the owner or operator shall control air pollutant
			 emissions from the tank in accordance with the Tank Level 1 controls specified
			 in paragraph (c) of this section or the Tank Level 2 controls specified in
			 paragraph (d) of this section.
(i) The
			 hazardous waste in the tank has a maximum organic vapor pressure which is less
			 than the maximum organic vapor pressure limit for the tank's design capacity
			 category as follows:
(A) For a tank design
			 capacity equal to or greater than 151 m3 , the
			 maximum organic vapor pressure limit for the tank is 5.2 kPa.
(B) For a tank design capacity equal to or
			 greater than 75 m3 but less than 151
			 m3 the maximum organic vapor pressure limit for the
			 tank is 27.6 kPa.
(C) For a tank
			 design capacity less than 75m3 , the maximum organic
			 vapor pressure limit for the tank is 76.6 kPa.
(ii)  The hazardous waste in the tank is not
			 heated by the owner or operator to a temperature that is greater than the
			 temperature at which the maximum organic vapor pressure of the hazardous waste
			 is determined for the purpose of complying with paragraph (b)(1)(i) of this
			 section.
(iii) The hazardous waste
			 in the tank is not treated by the owner or operator using a waste stabilization
			 process, as defined in § 265.1081.
(2) For a tank that manages hazardous waste
			 that does not meet all of the conditions specified in paragraphs (b)(1)(i)
			 through (b)(1)(iii) of this section, the owner or operator shall control air
			 pollutant emissions from the tank by using Tank Level 2 controls in accordance
			 with the requirements of paragraph (d) of this section. Examples of tanks
			 required to use Tank Level 2 controls include: A tank used for a waste
			 stabilization process; and a tank for which the hazardous waste in the tank has
			 a maximum organic vapor pressure that is equal to or greater than the maximum
			 organic vapor pressure limit for the tank's design capacity category as
			 specified in paragraph (b)(1)(i) of this section.
(c) Owners and operators controlling air
			 pollutant emissions from a tank using Tank Level 1 controls shall meet the
			 requirements specified in paragraphs (c)(1) through (c)(4) of this section:
(1) The owner or operator shall determine the
			 maximum organic vapor pressure for a hazardous waste to be managed in the tank
			 using Tank Level 1 controls before the first time the hazardous waste is placed
			 in the tank. The maximum organic vapor pressure shall be determined using the
			 procedures specified in § 264.1083(c) of this subsection. Thereafter, the
			 owner or operator shall perform a new determination whenever changes to the
			 hazardous waste managed in the tank could potentially cause the maximum organic
			 vapor pressure to increase to a level that is equal to or greater than the
			 maximum organic vapor pressure limit for the tank design capacity category
			 specified in paragraph (b)(1)(i) of this section, as applicable to the
			 tank.
(2) The tank shall be equipped
			 with a fixed roof designed to meet the following specifications:
(i) The fixed roof and its closure devices
			 shall be designed to form a continuous barrier over the entire surface area of
			 the hazardous waste in the tank. The fixed roof may be a separate cover
			 installed on the tank (e.g., a removable cover mounted on an open-top tank) or
			 may be an integral part of the tank structural design (e.g., a horizontal
			 cylindrical tank equipped with a hatch).
(ii) The fixed roof shall be installed in a
			 manner such that there are no visible cracks, holes, gaps, or other open spaces
			 between roof section joints or between the interface of the roof edge and the
			 tank wall.
(iii) Each opening in
			 the fixed roof, and any manifold system associated with the fixed roof, shall
			 be either:
(A) Equipped with a closure device
			 designed to operate such that when the closure device is secured in the closed
			 position there are no visible cracks, holes, gaps, or other open spaces in the
			 closure device or between the perimeter of the opening and the closure device;
			 or
(B) Connected by a closed-vent
			 system that is vented to a control device. The control device shall remove or
			 destroy organics in the vent stream, and shall be operating whenever hazardous
			 waste is managed in the tank, except as provided for in paragraphs
			 (c)(2)(iii)(B) (1) and (2) of this section.
(1) During periods when it is necessary to
			 provide access to the tank for performing the activities of paragraph
			 (c)(2)(iii)(B)(2) of this section, venting of the vapor headspace underneath
			 the fixed roof to the control device is not required, opening of closure
			 devices is allowed, and removal of the fixed roof is allowed. Following
			 completion of the activity, the owner or operator shall promptly secure the
			 closure device in the closed position or reinstall the cover, as applicable,
			 and resume operation of the control device.
(2) During periods of routine inspection,
			 maintenance, or other activities needed for normal operations, and for removal
			 of accumulated sludge or other residues from the bottom of the
			 tank.
(iv) The
			 fixed roof and its closure devices shall be made of suitable materials that
			 will minimize exposure of the hazardous waste to the atmosphere, to the extent
			 practical, and will maintain the integrity of the fixed roof and closure
			 devices throughout their intended service life. Factors to be considered when
			 selecting the materials for and designing the fixed roof and closure devices
			 shall include: Organic vapor permeability, the effects of any contact with the
			 hazardous waste or its vapors managed in the tank; the effects of outdoor
			 exposure to wind, moisture, and sunlight; and the operating practices used for
			 the tank on which the fixed roof is installed.
(3) Whenever a hazardous waste is in the
			 tank, the fixed roof shall be installed with each closure device secured in the
			 closed position except as follows:
(i) Opening
			 of closure devices or removal of the fixed roof is allowed at the following
			 times:
(A) To provide access to the tank for
			 performing routine inspection, maintenance, or other activities needed for
			 normal operations. Examples of such activities include those times when a
			 worker needs to open a port to sample the liquid in the tank, or when a worker
			 needs to open a hatch to maintain or repair equipment. Following completion of
			 the activity, the owner or operator shall promptly secure the closure device in
			 the closed position or reinstall the cover, as applicable, to the
			 tank.
(B) To remove accumulated
			 sludge or other residues from the bottom of tank.
(ii) Opening of a spring-loaded
			 pressure-vacuum relief valve, conservation vent, or similar type of pressure
			 relief device which vents to the atmosphere is allowed during normal operations
			 for the purpose of maintaining the tank internal pressure in accordance with
			 the tank design specifications. The device shall be designed to operate with no
			 detectable organic emissions when the device is secured in the closed position.
			 The settings at which the device opens shall be established such that the
			 device remains in the closed position whenever the tank internal pressure is
			 within the internal pressure operating range determined by the owner or
			 operator based on the tank manufacturer recommendations, applicable
			 regulations, fire protection and prevention codes, standard engineering codes
			 and practices, or other requirements for the safe handling of flammable,
			 ignitable, explosive, reactive, or hazardous materials. Examples of normal
			 operating conditions that may require these devices to open are during those
			 times when the tank internal pressure exceeds the internal pressure operating
			 range for the tank as a result of loading operations or diurnal ambient
			 temperature fluctuations.
(iii)
			 Opening of a safety device, as defined in § 265.1081, is allowed at any
			 time conditions require doing so to avoid an unsafe condition. (4) The owner or
			 operator shall inspect the air emission control equipment in accordance with
			 the following requirements.
(i) The fixed
			 roof and its closure devices shall be visually inspected by the owner or
			 operator to check for defects that could result in air pollutant emissions.
			 Defects include, but are not limited to, visible cracks, holes, or gaps in the
			 roof sections or between the roof and the tank wall; broken, cracked, or
			 otherwise damaged seals or gaskets on closure devices; and broken or missing
			 hatches, access covers, caps, or other closure devices.
(ii) The owner or operator shall perform an
			 initial inspection of the fixed roof and its closure devices on or before the
			 date that the tank becomes subject to this section. Thereafter, the owner or
			 operator shall perform the inspections at least once every year except under
			 the special conditions provided for in paragraph (l) of this section.
(iii) In the event that a defect is detected,
			 the owner or operator shall repair the defect in accordance with the
			 requirements of paragraph (k) of this section.
(iv) The owner or operator shall maintain a
			 record of the inspection in accordance with the requirements specified in
			 § 264.1089(b) of this subsection.
(d) Owners and
			 operators controlling air pollutant emissions from a tank using Tank Level 2
			 controls shall use one of the following tanks:
(1) A fixed-roof tank equipped with an
			 internal floating roof in accordance with the requirements specified in
			 paragraph (e) of this section;
(2) A
			 tank equipped with an external floating roof in accordance with the
			 requirements specified in paragraph (f) of this section;
(3) A tank vented through a closed-vent
			 system to a control device in accordance with the requirements specified in
			 paragraph (g) of this section;
(4)
			 A pressure tank designed and operated in accordance with the requirements
			 specified in paragraph (h) of this section; or
(5) A tank located inside an enclosure that
			 is vented through a closed-vent system to an enclosed combustion control device
			 in accordance with the requirements specified in paragraph (i) of this
			 section.
(e) The owner
			 or operator who controls air pollutant emissions from a tank using a fixed-roof
			 with an internal floating roof shall meet the requirements specified in
			 paragraphs (e)(1) through (e)(3) of this section.
(1) The tank shall be equipped with a fixed
			 roof and an internal floating roof in accordance with the following
			 requirements:
(i) The internal floating roof
			 shall be designed to float on the liquid surface except when the floating roof
			 must be supported by the leg supports.
(ii) The internal floating roof shall be
			 equipped with a continuous seal between the wall of the tank and the floating
			 roof edge that meets either of the following requirements:
(A) A single continuous seal that is either a
			 liquid-mounted seal or a metallic shoe seal, as defined in § 265.1081;
			 or
(B) Two continuous seals mounted
			 one above the other. The lower seal may be a vapor-mounted seal.
(iii) The internal floating roof
			 shall meet the following specifications:
(A)
			 Each opening in a noncontact internal floating roof except for automatic
			 bleeder vents (vacuum breaker vents) and the rim space vents is to provide a
			 projection below the liquid surface.
(B) Each opening in the internal floating
			 roof shall be equipped with a gasketed cover or a gasketed lid except for leg
			 sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells,
			 sample wells, and stub drains.
(C)
			 Each penetration of the internal floating roof for the purpose of sampling
			 shall have a slit fabric cover that covers at least 90 percent of the
			 opening.
(D) Each automatic bleeder
			 vent and rim space vent shall be gasketed.
(E) Each penetration of the internal floating
			 roof that allows for passage of a ladder shall have a gasketed sliding
			 cover.
(F) Each penetration of the
			 internal floating roof that allows for passage of a column supporting the fixed
			 roof shall have a flexible fabric sleeve seal or a gasketed sliding cover.
(2) The owner
			 or operator shall operate the tank in accordance with the following
			 requirements:
(i) When the floating roof is
			 resting on the leg supports, the process of filling, emptying, or refilling
			 shall be continuous and shall be completed as soon as practical.
(ii) Automatic bleeder vents are to be set
			 closed at all times when the roof is floating, except when the roof is being
			 floated off or is being landed on the leg supports.
(iii) Prior to filling the tank, each cover,
			 access hatch, gauge float well or lid on any opening in the internal floating
			 roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space
			 vents are to be set to open only when the internal floating roof is not
			 floating or when the pressure beneath the rim exceeds the manufacturer's
			 recommended setting.
(3)
			 The owner or operator shall inspect the internal floating roof in accordance
			 with the procedures specified as follows:
(i)
			 The floating roof and its closure devices shall be visually inspected by the
			 owner or operator to check for defects that could result in air pollutant
			 emissions. Defects include, but are not limited to: The internal floating roof
			 is not floating on the surface of the liquid inside the tank; liquid has
			 accumulated on top of the internal floating roof; any portion of the roof seals
			 have detached from the roof rim; holes, tears, or other openings are visible in
			 the seal fabric; the gaskets no longer close off the hazardous waste surface
			 from the atmosphere; or the slotted membrane has more than 10 percent open
			 area.
(ii) The owner or operator
			 shall inspect the internal floating roof components as follows except as
			 provided in paragraph (e)(3)(iii) of this section:
(A) Visually inspect the internal floating
			 roof components through openings on the fixed-roof (e.g., manholes and roof
			 hatches) at least once every 12 months after initial fill, and
(B) Visually inspect the internal floating
			 roof, primary seal, secondary seal (if one is in service), gaskets, slotted
			 membranes, and sleeve seals (if any) each time the tank is emptied and degassed
			 and at least every 10 years.
(iii) As an alternative to performing the
			 inspections specified in paragraph (e)(3)(ii) of this section for an internal
			 floating roof equipped with two continuous seals mounted one above the other,
			 the owner or operator may visually inspect the internal floating roof, primary
			 and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each
			 time the tank is emptied and degassed and at least every 5 years.
(iv) Prior to each inspection required by
			 paragraph (e)(3)(ii) or (e)(3)(iii) of this section, the owner or operator
			 shall notify the Director in advance of each inspection to provide the Director
			 with the opportunity to have an observer present during the inspection. The
			 owner or operator shall notify the Director of the date and location of the
			 inspection as follows:
(A) Prior to each
			 visual inspection of an internal floating roof in a tank that has been emptied
			 and degassed, written notification shall be prepared and sent by the owner or
			 operator so that it is received by the Director at least 30 calendar days
			 before refilling the tank except when an inspection is not planned as provided
			 for in paragraph (e)(3)(iv)(B) of this section.
(B) When a visual inspection is not planned
			 and the owner or operator could not have known about the inspection 30 calendar
			 days before refilling the tank, the owner or operator shall notify the Director
			 as soon as possible, but no later than 7 calendar days before refilling of the
			 tank. This notification may be made by telephone and immediately followed by a
			 written explanation for why the inspection is unplanned. Alternatively, written
			 notification, including the explanation for the unplanned inspection, may be
			 sent so that it is received by the Director at least 7 calendar days before
			 refilling the tank.
(v)
			 In the event that a defect is detected, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (k) of this
			 section.
(vi) The owner or operator
			 shall maintain a record of the inspection in accordance with the requirements
			 specified in §264.1089(b) of this subsection.
(4) Safety devices, as defined in §
			 265.1081, may be installed and operated as necessary on any tank complying with
			 the requirements of paragraph (e) of this section.
(f) The owner or operator who controls air
			 pollutant emissions from a tank using an external floating roof shall meet the
			 requirements specified in paragraphs (f)(1) through (f)(3) of this section.
(1) The owner or operator shall design the
			 external floating roof in accordance with the following requirements:
(i) The external floating roof shall be
			 designed to float on the liquid surface except when the floating roof must be
			 supported by the leg supports.
(ii)
			 The floating roof shall be equipped with two continuous seals, one above the
			 other, between the wall of the tank and the roof edge. The lower seal is
			 referred to as the primary seal, and the upper seal is referred to as the
			 secondary seal.
(A) The primary seal shall be
			 a liquid-mounted seal or a metallic shoe seal, as defined in § 265.1081.
			 The total area of the gaps between the tank wall and the 2 primary seal shall
			 not exceed 212 square centimeters (cm ) per meter of tank diameter, and the
			 width of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a
			 metallic shoe seal is used for the primary seal, the metallic shoe seal shall
			 be designed so that one end extends into the liquid in the tank and the other
			 end extends a vertical distance of at least 61 centi-meters above the liquid
			 surface.
(B) The secondary seal
			 shall be mounted above the primary seal and cover the annular space between the
			 floating roof and the wall of the tank. The total area of the gaps between the
			 tank wall and the secondary seal shall not exceed 21.2 squarecentimeters
			 (cm2  ) per meter of tank diameter, and the width of
			 any portion of these gaps shall not exceed 1.3 centimeters (cm).
(iii) The external
			 floating roof shall meet the following specifications:
(A) Except for automatic bleeder vents
			 (vacuum breaker vents) and rim space vents, each opening in a noncontact
			 external floating roof shall provide a projection below the liquid
			 surface.
(B) Except for automatic
			 bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in
			 the roof shall be equipped with a gasketed cover, seal, or lid.
(C) Each access hatch and each gauge float
			 well shall be equipped with a cover designed to be bolted or fastened when the
			 cover is secured in the closed position.
(D) Each automatic bleeder vent and each rim
			 space vent shall be equipped with a gasket.
(E) Each roof drain that empties into the
			 liquid managed in the tank shall be equipped with a slotted membrane fabric
			 cover that covers at least 90 percent of the area of the opening.
(F) Each unslotted and slotted guide pole
			 well shall be equipped with a gasketed sliding cover or a flexible fabric
			 sleeve seal.
(G) Each unslotted
			 guide pole shall be equipped with a gasketed cap on the end of the
			 pole.
(H) Each slotted guide pole
			 shall be equipped with a gasketed float or other device which closes off the
			 liquid surface from the atmosphere.
(I) Each gauge hatch and each sample well
			 shall be equipped with a gasketed cover.
(2) The owner or operator shall operate the
			 tank in accordance with the following requirements:
(i) When the floating roof is resting on the
			 leg supports, the process of filling, emptying, or refilling shall be
			 continuous and shall be completed as soon as practical.
(ii) Except for automatic bleeder vents, rim
			 space vents, roof drains, and leg sleeves, each opening in the roof shall be
			 secured and maintained in a closed position at all times except when the
			 closure device must be open for access.
(iii) Covers on each access hatch and each
			 gauge float well shall be bolted or fastened when secured in the closed
			 position.
(iv) Automatic bleeder
			 vents shall be set closed at all times when the roof is floating, except when
			 the roof is being floated off or is being landed on the leg supports.
(v) Rim space vents shall be set to open only
			 at those times that the roof is being floated off the roof leg supports or when
			 the pressure beneath the rim seal exceeds the manufacturer's recommended
			 setting.
(vi) The cap on the end of
			 each unslotted guide pole shall be secured in the closed position at all times
			 except when measuring the level or collecting samples of the liquid in the
			 tank.
(vii) The cover on each gauge
			 hatch or sample well shall be secured in the closed position at all times
			 except when the hatch or well must be opened for access.
(viii) Both the primary seal and the
			 secondary seal shall completely cover the annular space between the external
			 floating roof and the wall of the tank in a continuous fashion except during
			 inspections.
(3) The owner
			 or operator shall inspect the external floating roof in accordance with the
			 procedures specified as follows:
(i) The
			 owner or operator shall measure the external floating roof seal gaps in
			 accordance with the following requirements:
(A) The owner or operator shall perform
			 measurements of gaps between the tank wall and the primary seal within 60
			 calendar days after initial operation of the tank following installation of the
			 floating roof and, thereafter, at least once every 5 years.
(B) The owner or operator shall perform
			 measurements of gaps between the tank wall and the secondary seal within 60
			 calendar days after initial operation of the tank following installation of the
			 floating roof and, thereafter, at least once every year.
(C) If a tank ceases to hold hazardous waste
			 for a period of 1 year or more, subsequent introduction of hazardous waste into
			 the tank shall be considered an initial operation for the purposes of
			 paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of this section.
(D) The owner or operator shall determine the
			 total surface area of gaps in the primary seal and in the secondary seal
			 individually using the following procedure:
(1) The seal gap measurements shall be
			 performed at one or more floating roof levels when the roof is floating off the
			 roof supports.
(2) Seal gaps, if
			 any, shall be measured around the entire perimeter of the floating roof in each
			 place where a 0.32-centimeter (cm) diameter uniform probe passes freely
			 (without forcing or binding against the seal) between the seal and the wall of
			 the tank and measure the circumferential distance of each such
			 location.
(3) For a seal gap
			 measured under paragraph (f)(3) of this section, the gap surface area shall be
			 determined by using probes of various widths to measure accurately the actual
			 distance from the tank wall to the seal and multiplying each such width by its
			 respective circumferential distance.
(4) The total gap area shall be calculated by
			 adding the gap surface areas determined for each identified gap location for
			 the primary seal and the secondary seal individually, and then dividing the sum
			 for each seal type by the nominal diameter of the tank. These total gap areas
			 for the primary seal and secondary seal are then are compared to the respective
			 standards for the seal type as specified in paragraph (f)(1)(ii) of this
			 section.
(E) In the event
			 that the seal gap measurements do not conform to the specifications in
			 paragraph (f)(1)(ii) of this section, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (k) of this
			 section.
(F) The owner or operator
			 shall maintain a record of the inspection in accordance with the requirements
			 specified in § 264.1089(b) of this subsection.
(ii) The owner or operator shall visually
			 inspect the external floating roof in accordance with the following
			 requirements:
(A) The floating roof and its
			 closure devices shall be visually inspected by the owner or operator to check
			 for defects that could result in air pollutant emissions. Defects include, but
			 are not limited to: Holes, tears, or other openings in the rim seal or seal
			 fabric of the floating roof; a rim seal detached from the floating roof; all or
			 a portion of the floating roof deck being submerged below the surface of the
			 liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on
			 closure devices; and broken or missing hatches, access covers, caps, or other
			 closure devices.
(B) The owner or
			 operator shall perform an initial inspection of the external floating roof and
			 its closure devices on or before the date that the tank becomes subject to this
			 section. Thereafter, the owner or operator shall perform the inspections at
			 least once every year except for the special conditions provided for in
			 paragraph (l) of this section.
(C)
			 In the event that a defect is detected, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (k) of this
			 section.
(D) The owner or operator
			 shall maintain a record of the inspection in accordance with the requirements
			 specified in § 264.1089(b) of this subsection.
(iii) Prior to each inspection required by
			 paragraph (f)(3)(i) or (f)(3)(ii) of this subsection, the owner or operator
			 shall notify the Director in advance of each inspection to provide the Director
			 with the opportunity to have an observer present during the inspection. The
			 owner or operator shall notify the Director of the date and location of the
			 inspection as follows:
(A) Prior to each
			 inspection to measure external floating roof seal gaps as required under
			 paragraph (f)(3)(i) of this section, written notification shall be prepared and
			 sent by the owner or operator so that it is received by the Director at least
			 30 calendar days before the date the measurements are scheduled to be
			 performed.
(B) Prior to each visual
			 inspection of an external floating roof in a tank that has been emptied and
			 degassed, written notification shall be prepared and sent by the owner or
			 operator so that it is received by the Director at least 30 calendar days
			 before refilling the tank except when an inspection is not planned as provided
			 for in paragraph (f)(3)(iii)(C) of this section.
(C) When a visual inspection is not planned
			 and the owner or operator could not have known about the inspection 30 calendar
			 days before refilling the tank, the owner or operator shall notify the Director
			 as soon as possible, but no later than 7 calendar days before refilling of the
			 tank. This notification may be made by telephone and immediately followed by a
			 written explanation for why the inspection is unplanned. Alternatively, written
			 notification, including the explanation for the unplanned inspection, may be
			 sent so that it is received by the Director at least 7 calendar days before
			 refilling the tank.
(4) Safety devices, as defined in §
			 265.1081, may be installed and operated as necessary on any tank complying with
			 the requirements of paragraph (f) of this section.
(g) The owner or operator who controls air
			 pollutant emissions from a tank by venting the tank to a control device shall
			 meet the requirements specified in paragraphs (g)(1) through (g)(3) of this
			 section.
(1) The tank shall be covered by a
			 fixed roof and vented directly through a closed-vent system to a control device
			 in accordance with the following requirements:
(i) The fixed roof and its closure devices
			 shall be designed to form a continuous barrier over the entire surface area of
			 the liquid in the tank.
(ii) Each
			 opening in the fixed roof not vented to the control device shall be equipped
			 with a closure device. If the pressure in the vapor headspace underneath the
			 fixed roof is less than atmospheric pressure when the control device is
			 operating, the closure devices shall be designed to operate such that when the
			 closure device is secured in the closed position there are no visible cracks,
			 holes, gaps, or other open spaces in the closure device or between the
			 perimeter of the cover opening and the closure device. If the pressure in the
			 vapor headspace underneath the fixed roof is equal to or greater than
			 atmospheric pressure when the control device is operating, the closure device
			 shall be designed to operate with no detectable organic emissions.
(iii) The fixed roof and its closure devices
			 shall be made of suitable materials that will minimize exposure of the
			 hazardous waste to the atmosphere, to the extent practical, and will maintain
			 the integrity of the fixed roof and closure devices throughout their intended
			 service life. Factors to be considered when selecting the materials for and
			 designing the fixed roof and closure devices shall include: Organic vapor
			 permeability, the effects of any contact with the liquid and its vapor managed
			 in the tank; the effects of outdoor exposure to wind, moisture, and sunlight;
			 and the operating practices used for the tank on which the fixed roof is
			 installed.
(iv) The closed-vent
			 system and control device shall be designed and operated in accordance with the
			 requirements of § 264.1087 of this subsection.
(2) Whenever a hazardous waste is in the
			 tank, the fixed roof shall be installed with each closure device secured in the
			 closed position and the vapor headspace underneath the fixed roof vented to the
			 control device except as follows:
(i) Venting
			 to the control device is not required, and opening of closure devices or
			 removal of the fixed roof is allowed at the following times:
(A) To provide access to the tank for
			 performing routine inspection, maintenance, or other activities needed for
			 normal operations. Examples of such activities include those times when a
			 worker needs to open a port to sample liquid in the tank, or when a worker
			 needs to open a hatch to maintain or repair equipment. Following completion of
			 the activity, the owner or operator shall promptly secure the closure device in
			 the closed position or reinstall the cover, as applicable, to the
			 tank.
(B) To remove accumulated
			 sludge or other residues from the bottom of a tank.
(ii) Opening of a safety device, as defined
			 in § 265.1081, is allowed at any time conditions require doing so to avoid
			 an unsafe condition.
(3)
			 The owner or operator shall inspect and monitor the air emission control
			 equipment in accordance with the following procedures:
(i) The fixed roof and its closure devices
			 shall be visually inspected by the owner or operator to check for defects that
			 could result in air pollutant emissions. Defects include, but are not limited
			 to, visible cracks, holes, or gaps in the roof sections or between the roof and
			 the tank wall; broken, cracked, or otherwise damaged seals or gaskets on
			 closure devices; and broken or missing hatches, access covers, caps, or other
			 closure devices.
(ii) The
			 closed-vent system and control device shall be inspected and monitored by the
			 owner or operator in accordance with the procedures specified in §
			 264.1087 of this subsection.
(iii)
			 The owner or operator shall perform an initial inspection of the air emission
			 control equipment on or before the date that the tank becomes subject to this
			 section. Thereafter, the owner or operator shall perform the inspections at
			 least once every year except for the special conditions provided for in
			 paragraph (l) of this section.
(iv)
			 In the event that a defect is detected, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (k) of this
			 section.
(v) The owner or operator
			 shall maintain a record of the inspection in accordance with the requirements
			 specified in §264.1089(b) of this subsection.
(h) The owner or
			 operator who controls air pollutant emissions by using a pressure tank shall
			 meet the following requirements.
(1) The tank
			 shall be designed not to vent to the atmosphere as a result of compression of
			 the vapor headspace in the tank during filling of the tank to its design
			 capacity.
(2) All tank openings
			 shall be equipped with closure devices designed to operate with no detectable
			 organic emissions as determined using the procedure specified in §
			 264.1083(d) of this subsection.
(3)
			 Whenever a hazardous waste is in the tank, the tank shall be operated as a
			 closed system that does not vent to the atmosphere except under either or the
			 following conditions as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this
			 section.
(i) At those times when opening of a
			 safety device, as defined in § 265.1081 of this subsection, is required to
			 avoid an unsafe condition.
(ii) At
			 those times when purging of inerts from the tank is required and the purge
			 stream is routed to a closed-vent system and control device designed and
			 operated in accordance with the requirements of § 264.1087 of this
			 subsection.
(i) The owner or operator who controls air
			 pollutant emissions by using an enclosure vented through a closed-vent system
			 to an enclosed combustion control device shall meet the requirements specified
			 in paragraphs (i)(1) through (i)(4) of this section.
(1) The tank shall be located inside an
			 enclosure. The enclosure shall be designed and operated in accordance with the
			 criteria for a permanent total enclosure as specified in "Procedure T -
			 Criteria for and Verification of a Permanent or Temporary Total Enclosure"
			 under
			 40
			 CFR 52.741, Appendix B. The enclosure may
			 have permanent or temporary openings to allow worker access; passage of
			 material into or out of the enclosure by conveyor, vehicles, or other
			 mechanical means; entry of permanent mechanical or electrical equipment; or
			 direct airflow into the enclosure. The owner or operator shall perform the
			 verification procedure for the enclosure as specified in Section 5.0 to
			 "Procedure T - Criteria for and Verification of a Permanent or Temporary Total
			 Enclosure" initially when the enclosure is first installed and, thereafter,
			 annually.
(2) The enclosure shall
			 be vented through a closed-vent system to an enclosed combustion control device
			 that is designed and operated in accordance with the standards for either a
			 vapor incinerator, boiler, or process heater specified in '264.1087 of this
			 subsection.
(3) Safety devices, as
			 defined in § 265.1081, may be installed and operated as necessary on any
			 enclosure, closed-vent system, or control device used to comply with the
			 requirements of paragraphs (i)(1) and (i)(2) of this section.
(4) The owner or operator shall inspect and
			 monitor the closed-vent system and control device as specified in §
			 264.1087 of this subsection.
(j) The owner or operator shall transfer
			 hazardous waste to a tank subject to this section in accordance with the
			 following requirements:
(1) Transfer of
			 hazardous waste, except as provided in paragraph (j)(2) of this section, to the
			 tank from another tank subject to this section or from a surface impoundment
			 subject to § 264.1085 of this subsection shall be conducted using
			 continuous hard-piping or another closed system that does not allow exposure of
			 the hazardous waste to the atmosphere. For the purpose of complying with this
			 provision, an individual drain system is considered to be a closed system when
			 it meets the requirements of 40 CFR section 63, subpart RR - National Emission
			 Standards for Individual Drain Systems.
(2) The requirements of paragraph (j)(1) of
			 this section do not apply when transferring a hazardous waste to the tank under
			 any of the following conditions:
(i) The
			 hazardous waste meets the average VO concentration conditions specified in
			 §264.1082(c)(1) of this subsection at the point of waste
			 origination.
(ii) The hazardous
			 waste has been treated by an organic destruction or removal process to meet the
			 requirements in § 264.1082(c)(2) of this subsection.
(iii) The hazardous waste meets the
			 requirements of § 264.1082(c)(4) of this
			 subsection.
(k) The owner or operator shall repair each defect detected during
			 an inspection performed in accordance with the requirements of paragraphs
			 (c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
(1) The owner or operator shall make first
			 efforts at repair of the defect no later than 5 calendar days after detection,
			 and repair shall be completed as soon as possible but no later than 45 calendar
			 days after detection except as provided in paragraph (k)(2) of this
			 section.
(2) Repair of a defect may
			 be delayed beyond 45 calendar days if the owner or operator determines that
			 repair of the defect requires emptying or temporary removal from service of the
			 tank and no alternative tank capacity is available at the site to accept the
			 hazardous waste normally managed in the tank. In this case, the owner or
			 operator shall repair the defect the next time the process or unit that is
			 generating the hazardous waste managed in the tank stops operation. Repair of
			 the defect shall be completed before the process or unit resumes
			 operation.
(l) Following
			 the initial inspection and monitoring of the cover as required by the
			 applicable provisions of this subsection, subsequent inspection and monitoring
			 may be performed at intervals longer than 1 year under the following special
			 conditions:
(1) In the case when inspecting
			 or monitoring the cover would expose a worker to dangerous, hazardous, or other
			 unsafe conditions, then the owner or operator may designate a cover as an
			 "unsafe to inspect and monitor cover" and comply with all of the following
			 requirements:
(i) Prepare a written
			 explanation for the cover stating the reasons why the cover is unsafe to
			 visually inspect or to monitor, if required.
(ii) Develop and implement a written plan and
			 schedule to inspect and monitor the cover, using the procedures specified in
			 the applicable section of this subsection, as frequently as practicable during
			 those times when a worker can safely access the cover.
(2) In the case when a tank is buried
			 sectionially or entirely underground, an owner or operator is required to
			 inspect and monitor, as required by the applicable provisions of this section,
			 only those portions of the tank cover and those connections to the tank (e.g.,
			 fill ports, access hatches, gauge wells, etc.) that are located on or above the
			 ground surface.
§
			 264.1085
Standards: Surface impoundments
(a) The provisions of this section apply to
			 the control of air pollutant emissions from surface impoundments for which
			 § 264.1082(b) of this subsection references the use of this section for
			 such air emission control.
(b) The
			 owner or operator shall control air pollutant emissions from the surface
			 impoundment by installing and operating either of the following:
(1) A floating membrane cover in accordance
			 with the provisions specified in paragraph (c) of this section; or
(2) A cover that is vented through a
			 closed-vent system to a control device in accordance with the provisions
			 specified in paragraph (d) of this section.
(c) The owner or operator who controls air
			 pollutant emissions from a surface impoundment using a floating membrane cover
			 shall meet the requirements specified in paragraphs (c)(1) through (c)(3) of
			 this section.
(1) The surface impoundment
			 shall be equipped with a floating membrane cover designed to meet the following
			 specifications:
(i) The floating membrane
			 cover shall be designed to float on the liquid surface during normal operations
			 and form a continuous barrier over the entire surface area of the
			 liquid.
(ii) The cover shall be
			 fabricated from a synthetic membrane material that is either:
(A) High density polyethylene (HDPE) with a
			 thickness no less than 2.5 millimeters (mm); or
(B) A material or a composite of different
			 materials determined to have both organic permeability properties that are
			 equivalent to those of the material listed in paragraph (c)(1)(ii)(A) of this
			 section and chemical and physical properties that maintain the material
			 integrity for the intended service life of the material.
(iii) The cover shall be installed in a
			 manner such that there are no visible cracks, holes, gaps, or other open spaces
			 between cover section seams or between the interface of the cover edge and its
			 foundation mountings.
(iv) Except
			 as provided for in paragraph (c)(1)(v) of this section, each opening in the
			 floating membrane cover shall be equipped with a closure device designed to
			 operate such that when the closure device is secured in the closed position
			 there are no visible cracks, holes, gaps, or other open spaces in the closure
			 device or between the perimeter of the cover opening and the closure
			 device.
(v) The floating membrane
			 cover may be equipped with one or more emergency cover drains for removal of
			 stormwater. Each emergency cover drain shall be equipped with a slotted
			 membrane fabric cover that covers at least 90 percent of the area of the
			 opening or a flexible fabric sleeve seal.
(vi) The closure devices shall be made of
			 suitable materials that will minimize exposure of the hazardous waste to the
			 atmosphere, to the extent practical, and will maintain the integrity of the
			 closure devices throughout their intended service life. Factors to be
			 considered when selecting the materials of construction and designing the cover
			 and closure devices shall include: Organic vapor permeability; the effects of
			 any contact with the liquid and its vapor managed in the surface impoundment;
			 the effects of outdoor exposure to wind, moisture, and sunlight; and the
			 operating practices used for the surface impoundment on which the floating
			 membrane cover is installed.
(2) Whenever a hazardous waste is in the
			 surface impoundment, the floating membrane cover shall float on the liquid and
			 each closure device shall be secured in the closed position except as follows:
(i) Opening of closure devices or removal of
			 the cover is allowed at the following times:
(A) To provide access to the surface
			 impoundment for performing routine inspection, maintenance, or other activities
			 needed for normal operations. Examples of such activities include those times
			 when a worker needs to open a port to sample the liquid in the surface
			 impoundment, or when a worker needs to open a hatch to maintain or repair
			 equipment. Following completion of the activity, the owner or operator shall
			 promptly replace the cover and secure the closure device in the closed
			 position, as applicable.
(B) To
			 remove accumulated sludge or other residues from the bottom of surface
			 impoundment.
(ii)
			 Opening of a safety device, as defined in § 265.1081, is allowed at any
			 time conditions require doing so to avoid an unsafe condition.
(3) The owner or
			 operator shall inspect the floating membrane cover in accordance with the
			 following procedures:
(i) The floating
			 membrane cover and its closure devices shall be visually inspected by the owner
			 or operator to check for defects that could result in air pollutant emissions.
			 Defects include, but are not limited to, visible cracks, holes, or gaps in the
			 cover section seams or between the interface of the cover edge and its
			 foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on
			 closure devices; and broken or missing hatches, access covers, caps, or other
			 closure devices.
(ii) The owner or
			 operator shall perform an initial inspection of the floating membrane cover and
			 its closure devices on or before the date that the surface impoundment becomes
			 subject to this section. Thereafter, the owner or operator shall perform the
			 inspections at least once every year except for the special conditions provided
			 for in paragraph (g) of this section.
(iii) In the event that a defect is detected,
			 the owner or operator shall repair the defect in accordance with the
			 requirements of paragraph (f) of this section.
(iv) The owner or operator shall maintain a
			 record of the inspection in accordance with the requirements specified in
			 § 264.1089(c) of this subsection.
(d) The owner or operator who controls air
			 pollutant emissions from a surface impoundment using a cover vented to a
			 control device shall meet the requirements specified in paragraphs (d)(1)
			 through (d)(3) of this section.
(1) The
			 surface impoundment shall be covered by a cover and vented directly through a
			 closed-vent system to a control device in accordance with the following
			 requirements:
(i) The cover and its closure
			 devices shall be designed to form a continuous barrier over the entire surface
			 area of the liquid in the surface impoundment.
(ii) Each opening in the cover not vented to
			 the control device shall be equipped with a closure device. If the pressure in
			 the vapor headspace underneath the cover is less than atmospheric pressure when
			 the control device is operating, the closure devices shall be designed to
			 operate such that when the closure device is secured in the closed position
			 there are no visible cracks, holes, gaps, or other open spaces in the closure
			 device or between the perimeter of the cover opening and the closure device. If
			 the pressure in the vapor headspace underneath the cover is equal to or greater
			 than atmospheric pressure when the control device is operating, the closure
			 device shall be designed to operate with no detectable organic emissions using
			 the procedure specified in § 264.1083(d) of this subsection.
(iii) The cover and its closure devices shall
			 be made of suitable materials that will minimize exposure of the hazardous
			 waste to the atmosphere, to the extent practical, and will maintain the
			 integrity of the cover and closure devices throughout their intended service
			 life. Factors to be considered when selecting the materials of construction and
			 designing the cover and closure devices shall include: Organic vapor
			 permeability; the effects of any contact with the liquid or its vapors managed
			 in the surface impoundment; the effects of outdoor exposure to wind, moisture,
			 and sunlight; and the operating practices used for the surface impoundment on
			 which the cover is installed.
(iv)
			 The closed-vent system and control device shall be designed and operated in
			 accordance with the requirements of § 264.1087 of this subsection.
(2) Whenever a hazardous
			 waste is in the surface impoundment, the cover shall be installed with each
			 closure device secured in the closed position and the vapor headspace
			 underneath the cover vented to the control device except as follows:
(i) Venting to the control device is not
			 required, and opening of closure devices or removal of the cover is allowed at
			 the following times:
(A) To provide access to
			 the surface impoundment for performing routine inspection, maintenance, or
			 other activities needed for normal operations. Examples of such activities
			 include those times when a worker needs to open a port to sample liquid in the
			 surface impoundment, or when a worker needs to open a hatch to maintain or
			 repair equipment. Following completion of the activity, the owner or operator
			 shall promptly secure the closure device in the closed position or reinstall
			 the cover, as applicable, to the surface impoundment.
(B) To remove accumulated sludge or other
			 residues from the bottom of the surface impoundment.
(ii) Opening of a safety device, as defined
			 in § 265.1081, is allowed at any time conditions require doing so to avoid
			 an unsafe condition.
(3)
			 The owner or operator shall inspect and monitor the air emission control
			 equipment in accordance with the following procedures:
(i) The surface impoundment cover and its
			 closure devices shall be visually inspected by the owner or operator to check
			 for defects that could result in air pollutant emissions. Defects include, but
			 are not limited to, visible cracks, holes, or gaps in the cover section seams
			 or between the interface of the cover edge and its foundation mountings;
			 broken, cracked, or otherwise damaged seals or gaskets on closure devices; and
			 broken or missing hatches, access covers, caps, or other closure
			 devices.
(ii) The closed-vent
			 system and control device shall be inspected and monitored by the owner or
			 operator in accordance with the procedures specified in § 264.1087 of this
			 subsection.
(iii) The owner or
			 operator shall perform an initial inspection of the air emission control
			 equipment on or before the date that the surface impoundment becomes subject to
			 this section. Thereafter, the owner or operator shall perform the inspections
			 at least once every year except for the special conditions provided for in
			 paragraph (g) of this section.
(iv)
			 In the event that a defect is detected, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (f) of this
			 section.
(v) The owner or operator
			 shall maintain a record of the inspection in accordance with the requirements
			 specified in '264.1089(c) of this subsection.
(e) The owner or operator shall transfer
			 hazardous waste to a surface impoundment subject to this section in accordance
			 with the following requirements:
(1) Transfer
			 of hazardous waste, except as provided in paragraph (e)(2) of this section, to
			 the surface impoundment from another surface impoundment subject to this
			 section or from a tank subject to § 264.1084 of this subsection shall be
			 conducted using continuous hard-piping or another closed system that does not
			 allow exposure of the waste to the atmosphere. For the purpose of complying
			 with this provision, an individual drain system is considered to be a closed
			 system when it meets the requirements of 40 CFR part 63, subpart RR - National
			 Emission Standards for Individual Drain Systems.
(2) The requirements of paragraph (e)(1) of
			 this section do not apply when transferring a hazardous waste to the surface
			 impoundment under either of the following conditions:
(i) The hazardous waste meets the average VO
			 concentration conditions specified in § 264.1082(c)(1) of this subsection
			 at the point of waste origination.
(ii) The hazardous waste has been treated by
			 an organic destruction or removal process to meet the requirements in §
			 264.1082(c)(2) of this subsection.
(iii) The hazardous waste meets the
			 requirements of § 264.1082(c)(4) of this subsection.
(f) The owner or operator shall
			 repair each defect detected during an inspection performed in accordance with
			 the requirements of paragraph (c)(3) or (d)(3) of this section as follows:
(1) The owner or operator shall make first
			 efforts at repair of the defect no later than 5 calendar days after detection
			 and repair shall be completed as soon as possible but no later than 45 calendar
			 days after detection except as provided in paragraph (f)(2) of this
			 section.
(2) Repair of a defect may
			 be delayed beyond 45 calendar days if the owner or operator determines that
			 repair of the defect requires emptying or temporary removal from service of the
			 surface impoundment and no alternative capacity is available at the site to
			 accept the hazardous waste normally managed in the surface impoundment. In this
			 case, the owner or operator shall repair the defect the next time the process
			 or unit that is generating the hazardous waste managed in the surface
			 impoundment stops operation. Repair of the defect shall be completed before the
			 process or unit resumes operation.
(g) Following the initial inspection and
			 monitoring of the cover as required by the applicable provisions of this
			 subsection, subsequent inspection and monitoring may be performed at intervals
			 longer than 1 year in the case when inspecting or monitoring the cover would
			 expose a worker to dangerous, hazardous, or other unsafe conditions. In this
			 case, the owner or operator may designate the cover as an "unsafe to inspect
			 and monitor cover" and comply with all of the following requirements:
(1) Prepare a written explanation for the
			 cover stating the reasons why the cover is unsafe to visually inspect or to
			 monitor, if required.
(2) Develop
			 and implement a written plan and schedule to inspect and monitor the cover
			 using the procedures specified in the applicable section of this subsection as
			 frequently as practicable during those times when a worker can safely access
			 the cover.
§
			 264.1086
Standards: Containers
(a) The provisions of this section apply to
			 the control of air pollutant emissions from containers for which §
			 264.1082(b) of this subsection references the use of this section for such air
			 emission control.
(b) General
			 requirements.
(1) The owner or operator shall
			 control air pollutant emissions from each container subject to this section in
			 accordance with the following requirements, as applicable to the container,
			 except when the special provisions for waste stabilization processes specified
			 in paragraph (b)(2) of this section apply to the container
(i) For a container having a design capacity
			 greater than 0.1 m3 and less than or equal to 0.46
			 m3 , the owner or operator shall control air
			 pollutant emissions from the container in accordance with the Container Level 1
			 standards specified in paragraph (c) of this section.
(ii) For a container having a design capacity
			 greater than 0.46 m3 that is not in light material
			 service, the owner or operator shall control air pollutant emissions from the
			 container in accordance with the Container Level 1 standards specified in
			 paragraph (c) of this section.
(iii) For a container having a design
			 capacity greater than 0.46 m3 that is in light
			 material service, the owner or operator shall control air pollutant emissions
			 from the container in accordance with the Container Level 2 standards specified
			 in paragraph (d) of this section.
(2) When a container having a design capacity
			 greater than 0.1 m3 is used for treatment of a
			 hazardous waste by a waste stabilization process, the owner or operator shall
			 control air pollutant emissions from the container in accordance with the
			 Container Level 3 standards specified in paragraph (e) of this section at those
			 times during the waste stabilization process when the hazardous waste in the
			 container is exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1
			 controls is one of the following:
(i) A
			 container that meets the applicable U.S. Department of Transportation (DOT)
			 regulations on packaging hazardous materials for transportation as specified in
			 paragraph (f) of this section.
(ii)
			 A container equipped with a cover and closure devices that form a continuous
			 barrier over the container openings such that when the cover and closure
			 devices are secured in the closed position there are no visible holes, gaps, or
			 other open spaces into the interior of the container. The cover may be a
			 separate cover installed on the container (e.g., a lid on a drum or a suitably
			 secured tarp on a roll-off box) or may be an integral part of the container
			 structural design (e.g., a "portable tank" or bulk cargo container equipped
			 with a screw-type cap).
(iii) An
			 open-top container in which an organic-vapor suppressing barrier is placed on
			 or over the hazardous waste in the container such that no hazardous waste is
			 exposed to the atmosphere. One example of such a barrier is application of a
			 suitable organic-vapor suppressing foam.
(2) A container used to meet the requirements
			 of paragraph (c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with
			 covers and closure devices, as applicable to the container, that are composed
			 of suitable materials to minimize exposure of the hazardous waste to the
			 atmosphere and to maintain the equipment integrity for as long as the container
			 is in service. Factors to be considered in selecting the materials of
			 construction and designing the cover and closure devices shall include: Organic
			 vapor permeability, the effects of contact with the hazardous waste or its
			 vapor managed in the container; the effects of outdoor exposure of the closure
			 device or cover material to wind, moisture, and sunlight; and the operating
			 practices for which the container is intended to be used.
(3) Whenever a hazardous waste is in a
			 container using Container Level 1 controls, the owner or operator shall install
			 all covers and closure devices for the container, as applicable to the
			 container, and secure and maintain each closure device in the closed position
			 except as follows:
(i) Opening of a closure
			 device or cover is allowed for the purpose of adding hazardous waste or other
			 material to the container as follows:
(A) In
			 the case when the container is filled to the intended final level in one
			 continuous operation, the owner or operator shall promptly secure the closure
			 devices in the closed position and install the covers, as applicable to the
			 container, upon conclusion of the filling operation.
(B) In the case when discrete quantities or
			 batches of material intermittently are added to the container over a period of
			 time, the owner or operator shall promptly secure the closure devices in the
			 closed position and install covers, as applicable to the container, upon either
			 the container being filled to the intended final level; the completion of a
			 batch loading after which no additional material will be added to the container
			 within 15 minutes; the person performing the loading operation leaving the
			 immediate vicinity of the container; or the shutdown of the process generating
			 the material being added to the container, whichever condition occurs
			 first.
(ii) Opening of a
			 closure device or cover is allowed for the purpose of removing hazardous waste
			 from the container as follows:
(A) For the
			 purpose of meeting the requirements of this section, an empty container as
			 defined in § 261.7(b) may be open to the atmosphere at any time (i.e.,
			 covers and closure devices are not required to be secured in the closed
			 position on an empty container).
(B) In the case when discrete quantities or
			 batches of material are removed from the container but the container does not
			 meet the conditions to be an empty container as defined in § 261.7(b), the
			 owner or operator shall promptly secure the closure devices in the closed
			 position and install covers, as applicable to the container, upon the
			 completion of a batch removal after which no additional material will be
			 removed from the container within 15 minutes or the person performing the
			 unloading operation leaves the immediate vicinity of the container, whichever
			 condition occurs first.
(iii) Opening of a closure device or cover is
			 allowed when access inside the container is needed to perform routine
			 activities other than transfer of hazardous waste. Examples of such activities
			 include those times when a worker needs to open a port to measure the depth of
			 or sample the material in the container, or when a worker needs to open a
			 manhole hatch to access equipment inside the container. Following completion of
			 the activity, the owner or operator shall promptly secure the closure device in
			 the closed position or reinstall the cover, as applicable to the
			 container.
(iv) Opening of a
			 spring-loaded pressure-vacuum relief valve, conservation vent, or similar type
			 of pressure relief device which vents to the atmosphere is allowed during
			 normal operations for the purpose of maintaining the internal pressure of the
			 container in accordance with the container design specifications. The device
			 shall be designed to operate with no detectable organic emissions when the
			 device is secured in the closed position. The settings at which the device
			 opens shall be estab-lished such that the device remains in the closed position
			 whenever the internal pressure of the container is within the internal pressure
			 operating range determined by the owner or operator based on container
			 manufacturer recommen-dations, applicable regulations, fire protection and
			 prevention codes, standard engineering codes and practices, or other
			 requirements for the safe handling of flammable, ignitable, explosive,
			 reactive, or hazardous materials. Examples of normal operating conditions that
			 may require these devices to open are during those times when the internal
			 pressure of the container exceeds the internal pressure operating range for the
			 container as a result of loading operations or diurnal ambient temperature
			 fluctuations.
(v) Opening of a
			 safety device, as defined in § 265.1081, is allowed at any time conditions
			 require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using
			 Container Level 1 controls shall inspect the containers and their covers and
			 closure devices as follows:
(i) In the case
			 when a hazardous waste already is in the container at the time the owner or
			 operator first accepts possession of the container at the facility and the
			 container is not emptied within 24 hours after the container is accepted at the
			 facility (i.e., does not meet the conditions for an empty container as
			 specified in § 261.7(b)), the owner or operator shall visually inspect the
			 container and its cover and closure devices to check for visible cracks, holes,
			 gaps, or other open spaces into the interior of the container when the cover
			 and closure devices are secured in the closed position. The container visual
			 inspection shall be conducted on or before the date the container is accepted
			 at the facility (i.e., the date the container becomes subject to the subsection
			 CC container standards). For purposes of this requirement, the date of
			 acceptance is the date of signature that the facility owner or operator enters
			 on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and
			 8700-22A), as required under subsection E of this section, at § 264.71. If
			 a defect is detected, the owner or operator shall repair the defect in
			 accordance with the requirements of paragraph (c)(4)(iii) of this
			 section.
(ii) In the case when a
			 container used for managing hazardous waste remains at the facility for a
			 period of 1 year or more, the owner or operator shall visually inspect the
			 container and its cover and closure devices initially and thereafter, at least
			 once every 12 months, to check for visible cracks, holes, gaps, or other open
			 spaces into the interior of the container when the cover and closure devices
			 are secured in the closed position. If a defect is detected, the owner or
			 operator shall repair the defect in accordance with the requirements of
			 paragraph (c)(4)(iii) of this section.
(iii) When a defect is detected for the
			 container, cover, or closure devices, the owner or operator shall make first
			 efforts at repair of the defect no later than 24 hours after detection and
			 repair shall be completed as soon as possible but no later than 5 calendar days
			 after detection. If repair of a defect cannot be completed within 5 calendar
			 days, then the hazardous waste shall be removed from the container and the
			 container shall not be used to manage hazardous waste until the defect is
			 repaired.
(5) The owner
			 or operator shall maintain at the facility a copy of the procedure used to
			 determine that containers with capacity of 0.46 m3
			 or greater, which do not meet applicable DOT regulations as specified in
			 paragraph (f) of this section, are not managing hazardous waste in light
			 material service.
(d)
			 Container Level 2 standards.
(1) A container
			 using Container Level 2 controls is one of the following:
(i) A container that meets the applicable
			 U.S. Department of Transportation (DOT) regulations on packaging hazardous
			 materials for transportation as specified in paragraph (f) of this section.
(ii) A container that operates
			 with no detectable organic emissions as defined in § 265.1081 and
			 determined in accordance with the procedure specified in paragraph (g) of this
			 section.
(iii) A container that
			 has been demonstrated within the preceding 12 months to be vapor-tight by using
			 40 CFR part 60, Appendix A, Method 27 in accordance with the procedure
			 specified in paragraph (h) of this section.
(2) Transfer of hazardous waste in or out of
			 a container using Container Level 2 controls shall be conducted in such a
			 manner as to minimize exposure of the hazardous waste to the atmosphere, to the
			 extent practical, considering the physical properties of the hazardous waste
			 and good engineering and safety practices for handling flammable, ignitable,
			 explosive, reactive, or other hazardous materials. Examples of container
			 loading procedures that the EPA considers to meet the requirements of this
			 paragraph include using any one of the following: A submerged-fill pipe or
			 other submerged-fill method to load liquids into the container; a
			 vapor-balancing system or a vapor-recovery system to collect and control the
			 vapors displaced from the container during filling operations; or a fitted
			 opening in the top of a container through which the hazardous waste is filled
			 and subsequently purging the transfer line before removing it from the
			 container opening.
(3) Whenever a
			 hazardous waste is in a container using Container Level 2 controls, the owner
			 or operator shall install all covers and closure devices for the container, and
			 secure and maintain each closure device in the closed position except as
			 follows:
(i) Opening of a closure device or
			 cover is allowed for the purpose of adding hazardous waste or other material to
			 the container as follows:
(A) In the case
			 when the container is filled to the intended final level in one continuous
			 operation, the owner or operator shall promptly secure the closure devices in
			 the closed position and install the covers, as applicable to the container,
			 upon conclusion of the filling operation.
(B) In the case when discrete quantities or
			 batches of material intermittently are added to the container over a period of
			 time, the owner or operator shall promptly secure the closure devices in the
			 closed position and install covers, as applicable to the container, upon either
			 the container being filled to the intended final level; the completion of a
			 batch loading after which no additional material will be added to the container
			 within 15 minutes; the person performing the loading operation leaving the
			 immediate vicinity of the container; or the shutdown of the process generating
			 the material being added to the container, whichever condition occurs
			 first.
(ii) Opening of a
			 closure device or cover is allowed for the purpose of removing hazardous waste
			 from the container as follows:
(A) For the
			 purpose of meeting the requirements of this section, an empty container as
			 defined in § 261.7(b) may be open to the atmosphere at any time (i.e.,
			 covers and closure devices are not required to be secured in the closed
			 position on an empty container).
(B) In the case when discrete quantities or
			 batches of material are removed from the container but the container does not
			 meet the conditions to be an empty container as defined in § 261.7(b), the
			 owner or operator shall promptly secure the closure devices in the closed
			 position and install covers, as applicable to the container, upon the
			 completion of a batch removal after which no additional material will be
			 removed from the container within 15 minutes or the person performing the
			 unloading operation leaves the immediate vicinity of the container, whichever
			 condition occurs first.
(iii) Opening of a closure device or cover is
			 allowed when access inside the container is needed to perform routine
			 activities other than transfer of hazardous waste. Examples of such activities
			 include those times when a worker needs to open a port to measure the depth of
			 or sample the material in the container, or when a worker needs to open a
			 manhole hatch to access equipment inside the container. Following completion of
			 the activity, the owner or operator shall promptly secure the closure device in
			 the closed position or reinstall the cover, as applicable to the
			 container.
(iv) Opening of a
			 spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type
			 of pressure relief device which vents to the atmosphere is allowed during
			 normal operations for the purpose of maintaining the internal pressure of the
			 container in accordance with the container design specifications. The device
			 shall be designed to operate with no detectable organic emission when the
			 device is secured in the closed position. The settings at which the device
			 opens shall be established such that the device remains in the closed position
			 whenever the internal pressure of the container is within the internal pressure
			 operating range determined by the owner or operator based on container
			 manufacturer recommen-dations, applicable regulations, fire protection and
			 prevention codes, standard engineering codes and practices, or other
			 requirements for the safe handling of flammable, ignitable, explosive,
			 reactive, or hazardous materials. Examples of normal operating conditions that
			 may require these devices to open are during those times when the internal
			 pressure of the container exceeds the internal pressure operating range for the
			 container as a result of loading operations or diurnal ambient temperature
			 fluctuations.
(v) Opening of a
			 safety device, as defined in § 265.1081, is allowed at any time conditions
			 require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using
			 Container Level 2 controls shall inspect the containers and their covers and
			 closure devices as follows:
(i) In the case
			 when a hazardous waste already is in the container at the time the owner or
			 operator first accepts possession of the container at the facility and the
			 container is not emptied within 24 hours after the container is accepted at the
			 facility (i.e., does not meet the conditions for an empty container as
			 specified in § 261.7(b)), the owner or operator shall visually inspect the
			 container and its cover and closure devices to check for visible cracks, holes,
			 gaps, or other open spaces into the interior of the container when the cover
			 and closure devices are secured in the closed position. The container visual
			 inspection shall be conducted on or before the date that the container is
			 accepted at the facility (i.e., the date the container becomes subject to the
			 subsection CC container standards). For purposes of this requirement, the date
			 of acceptance is the date of signature that the facility owner or operator
			 enters on Item 20 of the Uniform Hazardous Waste Manifest (EPA Forms 8700-22
			 and 8700-22A), as required under subsection E of this section, at §
			 264.71. If a defect is detected, the owner or operator shall repair the defect
			 in accordance with the requirements of paragraph (d)(4)(iii) of this
			 section.
(ii) In the case when a
			 container used for managing hazardous waste remains at the facility for a
			 period of 1 year or more, the owner or operator shall visually inspect the
			 container and its cover and closure devices initially and thereafter, at least
			 once every 12 months, to check for visible cracks, holes, gaps, or other open
			 spaces into the interior of the container when the cover and closure devices
			 are secured in the closed position. If a defect is detected, the owner or
			 operator shall repair the defect in accordance with the requirements of
			 paragraph (d)(4)(iii) of this section.
(iii) When a defect is detected for the
			 container, cover, or closure devices, the owner or operator shall make first
			 efforts at repair of the defect no later than 24 hours after detection, and
			 repair shall be completed as soon as possible but no later than 5 calendar days
			 after detection. If repair of a defect cannot be completed within 5 calendar
			 days, then the hazardous waste shall be removed from the container and the
			 container shall not be used to manage hazardous waste until the defect is
			 repaired.
(e)
			 Container Level 3 standards.
(1) A container
			 using Container Level 3 controls is one of the following:
(i) A container that is vented directly
			 through a closed-vent system to a control device in accordance with the
			 requirements of paragraph (e)(2)(ii) of this section.
(ii) A container that is vented inside an
			 enclosure which is exhausted through a closed-vent system to a control device
			 in accordance with the requirements of paragraphs (e)(2)(i) and (e)(2)(ii) of
			 this section.
(2) The
			 owner or operator shall meet the following requirements, as applicable to the
			 type of air emission control equipment selected by the owner or operator:
(i) The container enclosure shall be designed
			 and operated in accordance with the criteria for a permanent total enclosure as
			 specified in "Procedure T - Criteria for and Verification of a Permanent or
			 Temporary Total Enclosure" under
			 40
			 CFR 52.741, Appendix B. The enclosure may
			 have permanent or temporary openings to allow worker access; passage of
			 containers through the enclosure by conveyor or other mechanical means; entry
			 of permanent mechanical or electrical equipment; or direct airflow into the
			 enclosure. The owner or operator shall perform the verification procedure for
			 the enclosure as specified in Section 5.0 to "Procedure T - Criteria for and
			 Verification of a Permanent or Temporary Total Enclosure" initially when the
			 enclosure is first installed and, thereafter, annually.
(ii) The closed-vent system and control
			 device shall be designed and operated in accordance with the requirements of
			 § 264.1087 of this subsection.
(3) Safety devices, as defined in §
			 265.1081, may be installed and operated as necessary on any container,
			 enclosure, closed-vent system, or control device used to comply with the
			 requirements of paragraph(e)(1) of this section.
(4) Owners and operators using Container
			 Level 3 controls in accordance with the provisions of this subsection shall
			 inspect and monitor the closed-vent systems and control devices as specified in
			 § 264.1087 of this subsection.
(5) Owners and operators that use Container
			 Level 3 controls in accordance with the provisions of this subsection shall
			 prepare and maintain the records specified in § 264.1089(d) of this
			 subsection.
(6) Transfer of
			 hazardous waste in or out of a container using Container Level 3 controls shall
			 be conducted in such a manner as to minimize exposure of the hazardous waste to
			 the atmosphere, to the extent practical, considering the physical properties of
			 the hazardous waste and good engineering and safety practices for handling
			 flammable, ignitable, explosive, reactive, or other hazardous materials.
			 Examples of container loading procedures that the Division considers to meet
			 the requirements of this paragraph include using any one of the following: A
			 submerged-fill pipe or other submerged-fill method to load liquids into the
			 container; a vapor-balancing system or a vapor-recovery system to collect and
			 control the vapors displaced from the container during filling operations; or a
			 fitted opening in the top of a container through which the hazardous waste is
			 filled and subsequently purging the transfer line before removing it from the
			 container opening.
(f)
			 For the purpose of compliance with paragraph (c)(1)(i) or (d)(1)(i) of this
			 section, containers shall be used that meet the applicable U.S. Department of
			 Transportation (DOT) regulations on packaging hazardous materials for
			 transportation as follows:
(1) The container
			 meets the applicable requirements specified in 49 CFR part 178 -Specifications
			 for Packaging or 49 CFR part 179 - Specifications for Tank Cars.
(2) Hazardous waste is managed in the
			 container in accordance with the applicable requirements specified in 49 CFR
			 part 107, subpart B - Exemptions; 49 CFR part 172 -Hazardous Materials Table,
			 Special Provisions, Hazardous Materials Communications, Emergency Response
			 Information, and Training Requirements; 49 CFR part 173 - Shippers -General
			 Requirements for Shipments and Packages; and 49 CFR part 180 - Continuing
			 Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this
			 subsection, no exceptions to the 49 CFR part 178 or part 179 regulations are
			 allowed except as provided for in paragraph (f)(4) of this section.
(4) For a lab pack that is managed in
			 accordance with the requirements of 49 CFR part 178 for the purpose of
			 complying with this subpart, an owner or operator may comply with the
			 exceptions for combination packagings specified in
			 49 CFR
			 173.12(b).
(g) To determine compliance with the no
			 detectable organic emissions requirement of paragraph (d)(1)(ii) of this
			 section, the procedure specified in § 264.1083(d) of this subsection shall
			 be used.
(1) Each potential leak interface
			 (i.e., a location where organic vapor leakage could occur) on the container,
			 its cover, and associated closure devices, as applicable to the container,
			 shall be checked. Potential leak interfaces that are associated with containers
			 include, but are not limited to: The interface of the cover rim and the
			 container wall; the periphery of any opening on the container or container
			 cover and its associated closure device; and the sealing seat interface on a
			 spring-loaded pressure-relief valve.
(2) The test shall be performed when the
			 container is filled with a material having a volatile organic concentration
			 representative of the range of volatile organic concentrations for the
			 hazardous wastes expected to be managed in this type of container. During the
			 test, the container cover and closure devices shall be secured in the closed
			 position.
(h) Procedure
			 for determining a container to be vapor-tight using Method 27 of 40 CFR part
			 60, Appendix A for the purpose of complying with paragraph (d)(1)(iii) of this
			 section.
(1) The test shall be performed in
			 accordance with Method 27 of 40 CFR part 60, Appendix A .
(2) A pressure measurement device shall be
			 used that has a precision
of D D D 2.5 mm
water and that is
			 capable of measuring above the pressure at which the container is to be tested
			 for vapor tightness.
(3) If the
			 test results determined by Method 27 indicate that the container sustains a
			 pressure change less than or equal to 750 Pascals within 5 minutes after it is
			 pressurized to a minimum of 4,500 Pascals, then the container is determined to
			 be vapor-tight.
§
			 264.1087
Standards: Closed-vent systems and control
			 devices
(a) This section applies to
			 each closed-vent system and control device installed and operated by the owner
			 or operator to control air emissions in accordance with standards of this
			 subsection.
(b) The closed-vent
			 system shall meet the following requirements:
(1) The closed-vent system shall route the
			 gases, vapors, and fumes emitted from the hazardous waste in the waste
			 management unit to a control device that meets the requirements specified in
			 paragraph (c) of this section.
(2)
			 The closed-vent system shall be designed and operated in accordance with the
			 requirements specified in § 264.1033(k) of this part.
(3) In the case when the closed-vent system
			 includes bypass devices that could be used to divert the gas or vapor stream to
			 the atmosphere before entering the control device, each bypass device shall be
			 equipped with either a flow indicator as specified in paragraph (b)(3)(i) of
			 this section or a seal or locking device as specified in paragraph (b)(3)(ii)
			 of this section. For the purpose of complying with this paragraph, low leg
			 drains, high point bleeds, analyzer vents, open-ended valves or lines,
			 spring-loaded pressure relief valves, and other fittings used for safety
			 purposes are not considered to be bypass devices.
(i) If a flow indicator is used to comply
			 with paragraph (b)(3) of this section, the indicator shall be installed at the
			 inlet to the bypass line used to divert gases and vapors from the closed-vent
			 system to the atmosphere at a point upstream of the control device inlet. For
			 this paragraph, a flow indicator means a device which indicates the presence of
			 either gas or vapor flow in the bypass line.
(ii) If a seal or locking device is used to
			 comply with paragraph (b)(3) of this section, the device shall be placed on the
			 mechanism by which the bypass device position is controlled (e.g., valve
			 handle, damper lever) when the bypass device is in the closed position such
			 that the bypass device cannot be opened without breaking the seal or removing
			 the lock. Examples of such devices include, but are not limited to, a car-seal
			 or a lock-and-key configuration valve. The owner or operator shall visually
			 inspect the seal or closure mechanism at least once every month to verify that
			 the bypass mechanism is maintained in the closed position.
(4) The closed-vent system shall be inspected
			 and monitored by the owner or operator in accordance with the procedure
			 specified in § 264.1033(l).
(c) The control device shall meet the
			 following requirements:
(1) The control
			 device shall be one of the following devices:
(i) A control device designed and operated to
			 reduce the total organic content of the inlet vapor stream vented to the
			 control device by at least 95 percent by weight;
(ii) An enclosed combustion device designed
			 and operated in accordance with the requirements of § 264.1033(c) of this
			 part; or
(iii) A flare designed and
			 operated in accordance with the requirements of § 264.1033(d) of this
			 part.
(2) The owner or
			 operator who elects to use a closed-vent system and control device to comply
			 with the requirements of this section shall comply with the requirements
			 specified in paragraphs (c)(2)(i) through (c)(2)(vi) of this section.
(i) Periods of planned routine maintenance of
			 the control device, during which the control device does not meet the
			 specifications of paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this
			 section, as applicable, shall not exceed 240 hours per year.
(ii) The specifications and requirements in
			 paragraphs (c)(1)(i), (c)(1)(ii), and(c) (1)(iii) of this section for control
			 devices do not apply during periods of planned routine maintenance.
(iii) The specifications and requirements in
			 paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control
			 devices do not apply during a control device system malfunction.
(iv) The owner or operator shall demonstrate
			 compliance with the requirements of paragraph (c)(2)(i) of this section (i.e.,
			 planned routine maintenance of a control device, during which the control
			 device does not meet the specifications of paragraphs (c)(1)(i), (c)(1)(ii), or
			 (c)(1)(iii) of this section, as applicable, shall not exceed 240 hours per
			 year) by recording the information specified in § 264.1089(e)(1)(v) of
			 this subsection.
(v) The owner or
			 operator shall correct control device system malfunctions as soon as
			 practicable after their occurrence in order to minimize excess emissions of air
			 pollutants.
(vi) The owner or
			 operator shall operate the closed-vent system such that gases, vapors, or fumes
			 are not actively vented to the control device during periods of planned
			 maintenance or control device system malfunction (i.e., periods when the
			 control device is not operating or not operating normally) except in cases when
			 it is necessary to vent the gases, vapors, and/or fumes to avoid an unsafe
			 condition or to implement malfunction corrective actions or planned maintenance
			 actions.
(3) The owner
			 or operator using a carbon adsorption system to comply with paragraph (c)(1) of
			 this section shall operate and maintain the control device in accordance with
			 the following requirements:
(i) Following the
			 initial startup of the control device, all activated carbon in the control
			 device shall be replaced with fresh carbon on a regular basis in accordance
			 with the requirements of § 264.1033(g) or § 264.1033(h) of this
			 part.
(ii) All carbon that is a
			 hazardous waste and that is removed from the control device shall be managed in
			 accordance with the requirements of § 264.1033(n), regardless of the
			 average volatile organic concentration of the carbon.
(4) An owner or operator using a control
			 device other than a thermal vapor incinerator, flare, boiler, process heater,
			 condenser, or carbon adsorption system to comply with paragraph (c)(1) of this
			 section shall operate and maintain the control device in accordance with the
			 requirements of § 264.1033(j) of this part.
(5) The owner or operator shall demonstrate
			 that a control device achieves the performance requirements of paragraph (c)(1)
			 of this section as follows:
(i) An owner or
			 operator shall demonstrate using either a performance test as specified in
			 paragraph (c)(5)(iii) of this section or a design analysis as specified in
			 paragraph (c)(5)(iv) of this section the performance of each control device
			 except for the following:
(A) A
			 flare;
(B) A boiler or process
			 heater with a design heat input capacity of 44 megawatts or greater;
(C) A boiler or process heater into which the
			 vent stream is introduced with the primary fuel;
(D) A boiler or industrial furnace burning
			 hazardous waste for which the owner or operator has been issued a final permit
			 under § 270 and has designed and operates the unit in accordance with the
			 requirements of § 266, subsection H; or
(E) A boiler or industrial furnace burning
			 hazardous waste for which the owner or operator has designed and operates in
			 accordance with the interim status requirements of § 266, subsection
			 H.
(ii) An owner or
			 operator shall demonstrate the performance of each flare in accordance with the
			 requirements specified in § 264.1033(e).
(iii) For a performance test conducted to
			 meet the requirements of paragraph (c)(5)(i) of this section, the owner or
			 operator shall use the test methods and procedures specified in §
			 264.1034(c)(1) through (c)(4).
(iv)
			 For a design analysis conducted to meet the requirements of paragraph (c)(5)(i)
			 of this section, the design analysis shall meet the requirements specified in
			 § 264.1035 (b)(4)(iii).
(v)
			 The owner or operator shall demonstrate that a carbon adsorption system
			 achieves the performance requirements of paragraph (c)(1) of this section based
			 on the total quantity of organics vented to the atmosphere from all carbon
			 adsorption system equipment that is used for organic adsorption, organic
			 desorption or carbon regeneration, organic recovery, and carbon disposal.
(6) If the owner or
			 operator and the Director do not agree on a demonstration of control device
			 performance using a design analysis then the disagreement shall be resolved
			 using the results of a performance test performed by the owner or operator in
			 accordance with the requirements of paragraph (c)(5)(iii) of this section. The
			 Director may choose to have an authorized representative observe the
			 performance test.
(7) The closed
			 vent system and control device shall be inspected and monitored by the owner or
			 operator in accordance with the procedures specified in § 264.1033(f)(2)
			 and § 264.1033(l). The readings from each monitoring device required by
			 § 264.1033(f)(2) shall be inspected at least once each operating day to
			 check control device operation. Any necessary corrective measures shall be
			 immediately implemented to ensure the control device is operated in compliance
			 with the requirements of this section.
§ 264.1088
Inspection and
			 monitoring requirements
(a) The owner
			 or operator shall inspect and monitor air emission control equipment used to
			 comply with this subsection in accordance with the applicable require-ments
			 specified in § 264.1084 through § 264.1087 of this
			 subsection.
(b) The owner or
			 operator shall develop and implement a written plan and schedule to perform the
			 inspections and monitoring required by paragraph (a) of this section. The owner
			 or operator shall incorporate this plan and schedule into the facility
			 inspection plan required under § 264.15.
§ 264.1089
Recordkeeping
			 requirements
(a) Each owner or
			 operator of a facility subject to requirements in this subsection shall record
			 and maintain the information specified in paragraphs (b) through (j) of this
			 section, as applicable to the facility. Except for air emission control
			 equipment design documentation and information required by paragraphs (i) and
			 (j) of this section, records required by this section shall be maintained in
			 the operating record for a minimum of 3 years. Air emission control equipment
			 design documentation shall be maintained in the operating record until the air
			 emission control equipment is replaced or otherwise no longer in service.
			 Information required by paragraph (i) and (j) of this section shall be
			 maintained in the operating record for as long as the waste management unit is
			 not using air emission controls specified in §§ 264.1080(d) or §
			 264.1080(b)(7)of this subsection in accordance with the conditions specified in
			 § 264.1084(d) of this subsection, respectively.
(b) The owner or operator of a tank using air
			 emission controls in accordance with the requirements of § 264.1084 of
			 this subsection shall prepare and maintain records for the tank that include
			 the following information:
(1) For each tank
			 using air emission controls in accordance with the requirements of §
			 264.1084 of this subsection, the owner or operator shall record:
(i) A tank identification number (or other
			 unique identification description as selected by the owner or
			 operator).
(ii) A record for each
			 inspection required by § 264.1084 of this subsection that includes the
			 following information:
(A) Date inspection was
			 conducted.
(B) For each defect
			 detected during the inspection: The location of the defect, a description of
			 the defect, the date of detection, and corrective action taken to repair the
			 defect. In the event that repair of the defect is delayed in accordance with
			 the provisions of § 264.1084 of this subsection, the owner or operator
			 shall also record the reason for the delay and the date that completion of
			 repair of the defect is expected.
(2) In addition to the information required
			 by paragraph (b)(1) of this section, the owner or operator shall record the
			 following information, as applicable to the tank:
(i) The owner or operator using a fixed roof
			 to comply with the Tank Level 1 control requirements specified in §
			 264.1084(c) of this subsection shall prepare and maintain records for each
			 determination for the maximum organic vapor pressure of the hazardous waste in
			 the tank performed in accordance with the requirements of § 264.1084(c) of
			 this subsection. The records shall include the date and time the samples were
			 collected, the analysis method used, and the analysis results.
(ii) The owner or operator using an internal
			 floating roof to comply with the Tank Level 2 control requirements specified in
			 § 264.1084(e) of this subsection shall prepare and maintain documentation
			 describing the floating roof design.
(iii) Owners and operators using an external
			 floating roof to comply with the Tank Level 2 control requirements specified in
			 § 264.1084(f) of this subsection shall prepare and maintain the following
			 records:
(A) Documentation describing the
			 floating roof design and the dimensions of the tank.
(B) Records for each seal gap inspection
			 required by § 264.1084(f)(3) of this subsection describing the results of
			 the seal gap measurements. The records shall include the date that the
			 measurements were performed, the raw data obtained for the measurements, and
			 the calculations of the total gap surface area. In the event that the seal gap
			 measurements do not conform to the specifications in § 264.1084(f)(1) of
			 this subsection, the records shall include a description of the repairs that
			 were made, the date the repairs were made, and the date the tank was emptied,
			 if necessary.
(iv) Each
			 owner or operator using an enclosure to comply with the Tank Level 2 control
			 requirements specified in § 264.1084(i) of this subsection shall prepare
			 and maintain the following records:
(A)
			 Records for the most recent set of calculations and measurements performed by
			 the owner or operator to verify that the enclosure meets the criteria of a
			 permanent total enclosure as specified in "Procedure T - Criteria for and
			 Verification of a Permanent or Temporary Total Enclosure" under
			 40
			 CFR 52.741, Appendix B.
(B) Records required for the closed-vent
			 system and control device in accordance with the requirements of paragraph (e)
			 of this section.
(c) The owner or operator of a surface
			 impoundment using air emission controls in accordance with the requirements of
			 § 264.1085 of this subsection shall prepare and maintain records for the
			 surface impoundment that include the following information:
(1) A surface impoundment identification
			 number (or other unique identification description as selected by the owner or
			 operator).
(2) Documentation
			 describing the floating membrane cover or cover design, as applicable to the
			 surface impoundment, that includes information prepared by the owner or
			 operator or provided by the cover manufacturer or vendor describing the cover
			 design, and certification by the owner or operator that the cover meets the
			 specifications listed in § 264.1085(c) of this subsection.
(3) A record for each inspection required by
			 § 264.1085 of this subsection that includes the following information:
(i) Date inspection was conducted.
(ii) For each defect detected during the
			 inspection the following information: The location of the defect, a description
			 of the defect, the date of detection, and corrective action taken to repair the
			 defect. In the event that repair of the defect is delayed in accordance with
			 the provisions of § 264.1085(f) of this subsection, the owner or operator
			 shall also record the reason for the delay and the date that completion of
			 repair of the defect is expected.
(4) For a surface impoundment equipped with a
			 cover and vented through a closed-vent system to a control device, the owner or
			 operator shall prepare and maintain the records specified in paragraph (e) of
			 this section.
(d) The
			 owner or operator of containers using Container Level 3 air emission controls
			 in accordance with the requirements of § 264.1086 of this subsection shall
			 prepare and maintain records that include the following information:
(1) Records for the most recent set of
			 calculations and measurements performed by the owner or operator to verify that
			 the enclosure meets the criteria of a permanent total enclosure as specified in
			 "Procedure T - Criteria for and Verification of a Permanent or Temporary Total
			 Enclosure" under
			 40
			 CFR 52.741, Appendix B.
(2) Records required for the closed-vent
			 system and control device in accordance with the requirements of paragraph (e)
			 of this section.
(e) The
			 owner or operator using a closed-vent system and control device in accordance
			 with the requirements of § 264.1087 of this subsection shall prepare and
			 maintain records that include the following information:
(1) Documentation for the closed-vent system
			 and control device that includes:
(i)
			 Certification that is signed and dated by the owner or operator stating that
			 the control device is designed to operate at the performance level documented
			 by a design analysis as specified in paragraph (e)(1)(ii) of this section or by
			 performance tests as specified in paragraph (e)(1)(iii) of this section when
			 the tank, surface impound-ment, or container is or would be operating at
			 capacity or the highest level reasonably expected to occur.
(ii) If a design analysis is used, then
			 design documentation as specified in
			 40 CFR
			 264.1035(b)(4). The
			 documentation shall include information prepared by the owner or operator or
			 provided by the control device manufacturer or vendor that describes the
			 control device design in accordance with § 264.1035(b)(4)(iii) and
			 certification by the owner or operator that the control equipment meets the
			 applicable specifications.
(iii) If
			 performance tests are used, then a performance test plan as specified in §
			 264.1035(b)(3) and all test results.
(iv) Information as required by §
			 264.1035(c)(1) and § 264.1035(c)(2), as applicable.
(v) An owner or operator shall record, on a
			 semiannual basis, the information specified in paragraphs (e)(1)(v)(A) and
			 (e)(1)(v)(B) of this section for those planned routine maintenance operations
			 that would require the control device not to meet the requirements of §
			 264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
			 applicable.
(A) A description of the planned
			 routine maintenance that is anticipated to be performed for the control device
			 during the next 6-month period. This description shall include the type of
			 maintenance necessary, planned frequency of maintenance, and lengths of
			 maintenance periods.
(B) A
			 description of the planned routine maintenance that was performed for the
			 control device during the previous 6-month period. This description shall
			 include the type of maintenance performed and the total number of hours during
			 those 6 months that the control device did not meet the requirements of §
			 264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
			 applicable, due to planned routine maintenance.
(vi) An owner or operator shall record the
			 information specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this
			 section for those unexpected control device system malfunctions that would
			 require the control device not to meet the requirements of §
			 264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
			 applicable.
(A) The occurrence and duration of
			 each malfunction of the control device system.
(B) The duration of each period during a
			 malfunction when gases, vapors, or fumes are vented from the waste management
			 unit through the closed-vent system to the control device while the control
			 device is not properly functioning.
(C) Actions taken during periods of
			 malfunction to restore a malfunctioning control device to its normal or usual
			 manner of operation.
(vii) Records of the management of carbon
			 removed from a carbon adsorption system conducted in accordance with §
			 264.1087 (c)(3)(ii) of this subsection.
(f) The owner or operator of a tank, surface
			 impoundment, or container exempted from standards in accordance with the
			 provisions of § 264.1082(c) of this subsection shall prepare and maintain
			 the following records, as applicable:
(1) For
			 tanks, surface impoundments, or containers exempted under the hazardous waste
			 organic concentration conditions specified in § 264.1082(c)(1) or (c)(2)
			 of this subsection, the owner or operator shall record the information used for
			 each waste determination (e.g., test results, measurements, calculations, and
			 other documentation) in the facility operating log. If analysis results for
			 waste samples are used for the waste determination, then the owner or operator
			 shall record the date, time, and location that each waste sample is collected
			 in accordance with applicable requirements of § 264.1083 of this
			 subsection.
(2) For tanks, surface
			 impoundments, or containers exempted under the provisions of §
			 264.1082(c)(2)(vii) or § 264.1082(c)(2)(viii) of this subsection, the
			 owner or operator shall record the identification number for the incinerator,
			 boiler, or industrial furnace in which the hazardous waste is
			 treated.
(g) An owner or
			 operator designating a cover as "unsafe to inspect and monitor" pursuant to
			 § 264.1084(l) or § 264.1085(g) of this subsection shall record in a
			 log that is kept in the facility operating record the following information:
			 The identification numbers for waste management units with covers that are
			 designated as "unsafe to inspect and monitor," the explanation for each cover
			 stating why the cover is unsafe to inspect and monitor, and the plan and
			 schedule for inspecting and monitoring each cover.
(h) The owner or operator of a facility that
			 is subject to this subsection and to the control device standards in 40 CFR
			 part 60, subpart VV, or 40 CFR part 61, subpart V, may elect to demonstrate
			 compliance with the applicable sections of this subsection by documentation
			 either pursuant to this subsection, or pursuant to the provisions of 40 CFR
			 part 60, subpart VV or 40 CFR part 61, subpart V, to the extent that the
			 documentation required by 40 CFR parts 60 or 61 duplicates the documentation
			 required by this section.
(i) For
			 each tank or container not using air emission controls specified in
			 §§ 264.1084 through 264.1087 of this subsection in accordance with
			 the conditions specified in § 264.1080(d) of this subsection, the owner or
			 operator shall record and maintain the following information:
(1) A list of the individual organic peroxide
			 compounds manufactured at the facility that meet the conditions specified in
			 § 264.1080(d)(1).
(2) A
			 description of how the hazardous waste containing the organic peroxide
			 compounds identified in paragraph (i)(1) of this section are managed at the
			 facility in tanks and containers. This description shall include:
(i) For the tanks used at the facility to
			 manage this hazardous waste, sufficient information shall be provided to
			 describe for each tank: A facility identification number for the tank; the
			 purpose and placement of this tank in the management train of this hazardous
			 waste; and the procedures used to ultimately dispose of the hazardous waste
			 managed in the tanks.
(ii) For
			 containers used at the facility to manage these hazardous wastes, sufficient
			 information shall be provided to describe: A facility identification number for
			 the container or group of containers; the purpose and placement of this
			 container, or group of containers, in the management train of this hazardous
			 waste; and the procedures used to ultimately dispose of the hazardous waste
			 handled in the containers.
(3) An explanation of why managing the
			 hazardous waste containing the organic peroxide compounds identified in
			 paragraph (i)(1) of this section in the tanks and containers as described in
			 paragraph (i)(2) of this section would create an undue safety hazard if the air
			 emission controls, as required under §§ 264.1084 through 264.1087 of
			 this subsection, are installed and operated on these waste management units.
			 This explanation shall include the following information:
(i) For tanks used at the facility to manage
			 these hazardous wastes, sufficient information shall be provided to explain:
			 How use of the required air emission controls on the tanks would affect the
			 tank design features and facility operating procedures currently used to
			 prevent an undue safety hazard during the management of this hazardous waste in
			 the tanks; and why installation of safety devices on the required air emission
			 controls, as allowed under this subsection, will not address those situations
			 in which evacuation of tanks equipped with these air emission controls is
			 necessary and consistent with good engineering and safety practices for
			 handling organic peroxides.
(ii)
			 For containers used at the facility to manage these hazardous wastes,
			 sufficient information shall be provided to explain: How use of the required
			 air emission controls on the containers would affect the container design
			 features and handling procedures currently used to prevent an undue safety
			 hazard during the manage-ment of this hazardous waste in the containers; and
			 why installation of safety devices on the required air emission controls, as
			 allowed under this subsection, will not address those situations in which
			 evacuation of containers equipped with these air emission controls is necessary
			 and consistent with good engineering and safety practices for handling organic
			 peroxides. (j) For each hazardous waste management unit not using air emission
			 controls specified in §§ 264.1084 through 264.1087 of this subsection
			 in accordance with the requirements of § 264.1080(b)(7) of this
			 subsection, the owner and operator shall record and maintain the following
			 information:
(1) Certification that the waste
			 management unit is equipped with and operating air emission controls in
			 accordance with the requirements of an applicable Clean Air Act regulation
			 codified under 40 CFR part 60, part 61, or part 63.
(2) Identification of the specific
			 requirements codified under 40 CFR part 60, part 61, or part 63 with which the
			 waste management unit is in
			 compliance.
§ 264.1090
Reporting
			 requirements
(a) Each owner or operator
			 managing hazardous waste in a tank, surface impoundment, or container exempted
			 from using air emission controls under the provisions of § 264.1082(c)
			 shall report to the Director each occurrence when hazardous waste is placed in
			 the waste management unit in noncompliance with the conditions specified in
			 § 264.1082(c)(1) or (c)(2) of this subsection, as applicable. Examples of
			 such occurrences include placing in the waste management unit a hazardous waste
			 having an average VO concentration equal to or greater than 500 ppmw at the
			 point of waste origination; or placing in the waste management unit a treated
			 hazardous waste which fails to meet the applicable conditions specified in
			 § 264.1082(c)(2)(i) through (c)(2)(vi) of this subsection. The owner or
			 operator shall submit a written report within 15 calendar days of the time that
			 the owner or operator becomes aware of the occurrence. The written report shall
			 contain the EPA identification number, facility name and address, a description
			 of the noncompliance event and the cause, the dates of the noncompliance, and
			 the actions taken to correct the noncompliance and prevent reoccurrence of the
			 noncompliance. The report shall be signed and dated by an authorized
			 representative of the owner or operator.
(b) Each owner or operator using air emission
			 controls on a tank in accordance with the requirements § 264.1084(c) of
			 this subsection shall report to the Director each occurrence when hazardous
			 waste is managed in the tank in noncompliance with the conditions specified in
			 § 264.1084(c)(1) through (c)(4) of this subsection. The owner or operator
			 shall submit a written report within 15 calendar days of the time that the
			 owner or operator becomes aware of the occurrence. The written report shall
			 contain the EPA identification number, facility name and address, a description
			 of the noncompliance event and the cause, the dates of the noncompliance, and
			 the actions taken to correct the noncompliance and prevent reoccurrence of the
			 noncompliance. The report shall be signed and dated by an authorized
			 representative of the owner or operator.
(c) Each owner or operator using a control
			 device in accordance with the requirements of § 264.1087 of this
			 subsection shall submit a semiannual written report to the Director except as
			 provided for in paragraph (d) of this section. The report shall describe each
			 occurrence during the previous 6-month period when either:
(1) A control device is operated continuously
			 for 24 hours or longer in noncompliance with the applicable operating values
			 defined in § 264.1035(c)(4); or
(2) A flare is operated with visible
			 emissions for 5 minutes or longer in a two-hour period, as defined in §
			 264.1033(d).
The written report shall include the EPA identification number,
				facility name and address, and an explanation why the control device could not
				be returned to compliance within 24 hours, and actions taken to correct the
				noncompliance. The report shall be signed and dated by an authorized
				representative of the owner or operator.
(d) A report to the Director in accordance
			 with the requirements of paragraph (c) of this section is not required for a
			 6-month period during which all control devices subject to this subsection are
			 operated by the owner or operator such that:
(1) During no period of 24 hours or longer
			 did a control device operate continuously in noncompliance with the applicable
			 operating values defined in § 264.1035(c)(4); and
(2) No flare was operated with visible
			 emissions for 5 minutes or longer in a two-hour period, as defined in §
			 264.1033(d).
Subsection DD
- Containment
			 Buildings
§ 264.1100
Applicability
The requirements of this subsection apply to owners or
				operators who store or treat hazardous waste in units designed and operated
				under § 264.1101 of this subpart. The owner or operator is not subject to
				the definition of land disposal in RCRA section 3004(k) provided that the
				unit:
(a) Is a completely enclosed,
			 self-supporting structure that is designed and constructed of manmade materials
			 of sufficient strength and thickness to support themselves, the waste contents,
			 and any personnel and heavy equipment that operate within the unit, and to
			 prevent failure due to pressure gradients, settlement, compression, or uplift,
			 physical contact with the hazardous wastes to which they are exposed; climatic
			 conditions; and the stresses of daily operation, including the movement of
			 heavy equipment within the unit and contact of such equipment with containment
			 walls;
(b) Has a primary barrier
			 that is designed to be sufficiently durable to withstand the movement of
			 personnel, wastes, and handling equipment within the unit;
(c) If the unit is used to manage liquids,
			 has:
(1) A primary barrier designed and
			 constructed of materials to prevent migration of hazardous constituents into
			 the barrier;
(2) A liquid
			 collection system designed and constructed of materials to minimize the
			 accumulation of liquid on the primary barrier; and
(3) A secondary containment system designed
			 and constructed of materials to prevent migration of hazardous constituents
			 into the barrier, with a leak detection and liquid collection system capable of
			 detecting, collecting, and removing leaks of hazardous constituents at the
			 earliest practicable time, unless the unit has been granted a variance from the
			 secondary containment system requirements under §
			 264.1101(b)(4);
(d) Has
			 controls sufficient to prevent fugitive dust emissions to meet the no visible
			 emission standard in § 264.1101(c)(1)(iv); and
(e) Is designed and operated to ensure
			 containment and prevent the tracking of materials from the unit by personnel or
			 equipment.
§
			 264.1101
Design and operating standards
(a) All containment buildings must comply
			 with the following design standards:
(1) The
			 containment building must be completely enclosed with a floor, walls, and a
			 roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on),
			 and to assure containment of managed wastes.
(2) The floor and containment walls of the
			 unit, including the secondary containment system if required under paragraph
			 (b) of this section, must be designed and constructed of materials of
			 sufficient strength and thickness to support themselves, the waste contents,
			 and any personnel and heavy equipment that operate within the unit, and to
			 prevent failure due to pressure gradients, settlement, compression, or uplift,
			 physical contact with the hazardous wastes to which they are exposed; climatic
			 conditions; and the stresses of daily operation, including the movement of
			 heavy equipment within the unit and contact of such equipment with containment
			 walls. The unit must be designed so that it has sufficient structural strength
			 to prevent collapse or other failure. All surfaces to be in contact with
			 hazardous wastes must be chemically compatible with those wastes. The Division
			 will consider standards established by professional organizations generally
			 recognized by the industry such as the American Concrete Institute (ACI) and
			 the American Society of Testing Materials (ASTM) in judging the structural
			 integrity requirements of this paragraph. If appropriate to the nature of the
			 waste management operation to take place in the unit, an exception to the
			 structural strength requirement may be made for light-weight doors and windows
			 that meet these criteria:
(i) They provide an
			 effective barrier against fugitive dust emissions under paragraph (c)(1)(iv);
			 and
(ii) The unit is designed and
			 operated in a fashion that assures that wastes will not actually come in
			 contact with these openings.
(3) Incompatible hazardous wastes or
			 treatment reagents must not be placed in the unit or its secondary containment
			 system if they could cause the unit or secondary containment system to leak,
			 corrode, or otherwise fail.
(4) A
			 containment building must have a primary barrier designed to withstand the
			 movement of personnel, waste, and handling equipment in the unit during the
			 operating life of the unit and appropriate for the physical and chemical
			 characteristics of the waste to be managed.
(b) For a containment building used to manage
			 hazardous wastes containing free liquids or treated with free liquids (the
			 presence of which is determined by the paint filter test, a visual examination,
			 or other appropriate means), the owner or operator must include:
(1) A primary barrier designed and
			 constructed of materials to prevent the migration of hazardous constituents
			 into the barrier (e.g., a geomembrane covered by a concrete wear
			 surface).
(2) A liquid collection
			 and removal system to minimize the accumulation of liquid on the primary
			 barrier of the containment building:
(i) The
			 primary barrier must be sloped to drain liquids to the associated collection
			 system; and
(ii) Liquids and waste
			 must be collected and removed to minimize hydraulic head on the containment
			 system at the earliest practicable time.
(3) A secondary containment system including
			 a secondary barrier designed and constructed to prevent migration of hazardous
			 constituents into the barrier, and a leak detection system that is capable of
			 detecting failure of the primary barrier and collecting accumulated hazardous
			 wastes and liquids at the earliest practicable time.
(i) The requirements of the leak detection
			 component of the secondary containment system are satisfied by installation of
			 a system that is, at a minimum:
(A)
			 Constructed with a bottom slope of 1 percent or more; and
(B) Constructed of a granular drainage
			 material with a hydraulic conductivity of 1- X102
			 cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed
			 of synthetic or geonet drainage materials with a transmissivity of 3 X
			 10- 5 m 2 /sec or
			 more.
(ii) If treatment
			 is to be conducted in the building, an area in which such treatment will be
			 conducted must be designed to prevent the release of liquids, wet materials, or
			 liquid aerosols to other portions of the building.
(iii) The secondary containment system must
			 be constructed of materials that are chemically resistant to the waste and
			 liquids managed in the containment building and of sufficient strength and
			 thickness to prevent collapse under the pressure exerted by overlaying
			 materials and by any equipment used in the containment building.
(Containment buildings can serve as secondary containment
				systems for tanks placed within the building under certain conditions. A
				containment building can serve as an external liner system for a tank, provided
				it meets the requirements of § 264.193(e)(1).
In addition, the containment building must meet the
				requirements of § 264.193(b) and §§ 264.193(c) (1) and (2) to be
				considered an acceptable secondary containment system for a tank.)
(4) For existing units
			 other than 90-day generator units, the Director may delay the secondary
			 containment requirement for up to two years, based on a demonstration by the
			 owner or operator that the unit substantially meets the standards of this
			 subpart. In making this demonstration, the owner or operator must:
(i) Provide written notice to the Director of
			 their request by November 16, 1992. This notification must describe the unit
			 and its operating practices with specific reference to the performance of
			 existing containment systems, and specific plans for retrofitting the unit with
			 secondary containment;
(ii) Respond
			 to any comments from the Director on these plans within 30 days; and
(iii) Fulfill the terms of the revised plans,
			 if such plans are approved by the Director.
(c) Owners or operators of all containment
			 buildings must:
(1) Use controls and practices
			 to ensure containment of the hazardous waste within the unit; and, at a
			 minimum:
(i) Maintain the primary barrier to
			 be free of significant cracks, gaps, corrosion, or other deterioration that
			 could cause hazardous waste to be released from the primary barrier;
(ii) Maintain the level of the stored/treated
			 hazardous waste within the containment walls of the unit so that the height of
			 any containment wall is not exceeded;
(iii) Take measures to prevent the tracking
			 of hazardous waste out of the unit by personnel or by equipment used in
			 handling the waste. An area must be designated to decontaminate equipment and
			 any rinsate must be collected and properly managed; and
(iv) Take measures to control fugitive dust
			 emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit
			 no visible emissions (see 40 CFR Part 60, Appendix A, Method 22-Visual
			 Determination of Fugitive Emissions from Material Sources and Smoke Emissions
			 from Flares). In addition, all associated particulate collection devices (e.g.,
			 fabric filter, electrostatic precipitator) must be operated and maintained with
			 sound air pollution control practices (see 40 CFR part 60 subpart 292 for
			 guidance). This state of no visible emissions must be maintained effectively at
			 all times during routine operating and maintenance conditions, including when
			 vehicles and personnel are entering and exiting the unit.
(2) Obtain certification by
an
			 independent qualified Arkansas-registered professional engineer
that
			 the containment building design meets the requirements of paragraphs (a)
			 through (c) of this section.
(3)
			 Throughout the active life of the containment building, if the owner or
			 operator detects a condition that could lead to or has caused a release of
			 hazardous waste, the owner or operator must repair the condition promptly, in
			 accordance with the following procedures.
(i)
			 Upon detection of a condition that has led to a release of hazardous waste
			 (e.g., upon detection of leakage from the primary barrier) the owner or
			 operator must:
(A) Enter a record of the
			 discovery in the facility operating record;
(B) Immediately remove the portion of the
			 containment building affected by the condition from service;
(C) Determine what steps must be taken to
			 repair the containment building, remove any leakage from the secondary
			 collection system, and establish a schedule for accomplishing the cleanup and
			 repairs; and
(D) Within 7 days
			 after the discovery of the condition, notify the Director of the condition, and
			 within 14 working days, provide a written notice to the Director with a
			 description of the steps taken to repair the containment building, and the
			 schedule for accomplishing the work.
(ii) The Director will review the information
			 submitted, make a determination regarding whether the containment building must
			 be removed from service completely or partially until repairs and cleanup are
			 complete, and notify the owner or operator of the determination and the
			 underlying rationale in writing.
(iii) Upon completing all repairs and cleanup
			 the owner or operator must notify the Director in writing and provide a
			 verification, signed by a qualified, Arkansas-registered professional engineer,
			 that the repairs and cleanup have been completed according to the written plan
			 submitted in accordance with paragraph (c)(3)(i)(D) of this section.
(4) Inspect and record in
			 the facility's operating record, at least once every seven days, data gathered
			 from monitoring equipment and leak detection equipment as well as the
			 containment building and the area immediately surrounding the containment
			 building to detect signs of releases of hazardous waste.
(d) For a containment building that contains
			 both areas with and without secondary containment, the owner or operator must:
(1) Design and operate each area in
			 accordance with the requirements enumerated in paragraphs (a) through (c) of
			 this section;
(2) Take measures to
			 prevent the release of liquids or wet materials into areas without secondary
			 containment; and
(3) Maintain in
			 the facility's operating log a written description of the operating procedures
			 used to maintain the integrity of areas without secondary
			 containment.
(e)
			 Notwithstanding any other provision of this subsection the Director may waive
			 requirements for secondary containment for a permitted containment building
			 where the owner operator demonstrates that the only free liquids in the unit
			 are limited amounts of dust suppression liquids required to meet occupational
			 health and safety requirements, and where containment of managed wastes and
			 liquids can be assured without a secondary containment system.
§ 264.1102
Closure and post-closure care
(a) At
			 closure of a containment building, the owner or operator must remove or
			 decontaminate all waste residues, contaminated containment system components
			 (liners, etc.) contaminated subsoils, and structures and equipment contaminated
			 with waste and leachate, and manage them as hazardous waste unless §
			 261.3(d) of this rule applies. The closure plan, closure activities, cost
			 estimates for closure, and financial responsibility for containment buildings
			 must meet all of the requirements specified in subsections G and H of this
			 section.
(b) If, after removing or
			 decontaminating all residues and making all reasonable efforts to effect
			 removal or decontamination of contaminated components, subsoils, structures,
			 and equipment as required in paragraph (a) of this section, the owner or
			 operator finds that not all contaminated subsoils can be practicably removed or
			 decontaminated, he must close the facility and perform post-closure care in
			 accordance with the closure and post-closure requirements that apply to
			 landfills (§ 264.310). In addition, for the purposes of closure,
			 post-closure, and financial responsibility, such a containment building is then
			 considered to be a landfill, and the owner or operator must meet all of the
			 requirements for landfills specified in subsections G and H of this section.
§ 264.1103
-264.1110 [Reserved]
Subsection EE
- Hazardous Waste
			 Munitions and Explosives Storage
§
			 264.1200
Applicability
The requirements of this subsection apply to owners or
				operators who store munitions and explosive hazardous wastes, except as §
				264.1 provides otherwise. (NOTE: Depending on explosive hazards, hazardous
				waste munitions and explosives may also be managed in other types of storage
				units, including containment buildings (Section 264, subsection DD), tanks
				(Section 264, subsection J), or containers (Section 264, subsection I); See
				§ 266.205 for storage of waste military munitions).
§ 264.1201
Design and operating
			 standards
(a) Hazardous waste munitions
			 and explosives storage units must be designed and operated with containment
			 systems, controls, and monitoring, that:
(1)
			 Minimize the potential for detonation or other means of release of hazardous
			 waste, hazardous constituents, hazardous decomposition products, or
			 contaminated run-off, to the soil, ground water, surface water, and
			 atmosphere;
(2) Provide a primary
			 barrier, which may be a container (including a shell) or tank, designed to
			 contain the hazardous waste;
(3)
			 For wastes stored outdoors, provide that the waste and containers will not be
			 in standing precipitation;
(4) For
			 liquid wastes, provide a secondary containment system that assures that any
			 released liquids are contained and promptly detected and removed from the waste
			 area, or vapor detection system that assures that any released liquids or
			 vapors are promptly detected and an appropriate response taken (e.g.,
			 additional containment, such as overpacking, or removal from the waste area);
			 and
(5) Provide monitoring and
			 inspection procedures that assure the controls and containment systems are
			 working as designed and that releases that may adversely impact human health or
			 the environment are not escaping from the unit.
(b) Hazardous waste munitions and explosives
			 stored under this subsection may be stored in one of the following:
(1) Earth-covered magazines. Earth-covered
			 magazines must be:
(i) Constructed of
			 waterproofed, reinforced concrete or structural steel arches, with steel doors
			 that are kept closed when not being accessed;
(ii) Designed and constructed:
(A) To be of sufficient strength and
			 thickness to support the weight of any explosives or munitions stored and any
			 equipment used in the unit;
(B) To
			 provide working space for personnel and equipment in the unit; and
(C) To withstand movement activities that
			 occur in the unit; and
(iii) Located and designed, with walls and
			 earthen covers that direct an explosion in the unit in a safe direction, so as
			 to minimize the propagation of an explosion to adjacent units and to minimize
			 other effects of any explosion.
(2) Above-ground magazines. Above-ground
			 magazines must be located and designed so as to minimize the propagation of an
			 explosion to adjacent units and to minimize other effects of any
			 explosion.
(3) Outdoor or open
			 storage areas. Outdoor or open storage areas must be located and designed so as
			 to minimize the propagation of an explosion to adjacent units and to minimize
			 other effects of any explosion.
(c) Hazardous waste munitions and explosives
			 must be stored in accordance with a Standard Operating Procedure specifying
			 procedures to ensure safety, security, and environmental protection. If these
			 procedures serve the same purpose as the security and inspection requirements
			 of § 264.14, the preparedness and prevention procedures of Section 264,
			 subsection C, and the contingency plan and emergency procedures requirements of
			 Section 264, subsection D, then these procedures will be used to fulfill those
			 requirements.
(d) Hazardous waste
			 munitions and explosives must be packaged to ensure safety in handling and
			 storage.
(e) Hazardous waste
			 munitions and explosives must be inventoried at least annually.
(f) Hazardous waste munitions and explosives
			 and their storage units must be inspected and monitored as necessary to ensure
			 explosives safety and to ensure that there is no migration of contaminants out
			 of the unit.
§
			 264.1202
Closure and post-closure care
(a) At closure of a magazine or unit which
			 stored hazardous waste under this subsection, the owner or operator must remove
			 or decontaminate all waste residues, contaminated containment system
			 components, contaminated subsoils, and structures and equipment contaminated
			 with waste, and manage them as hazardous waste unless § 261.3(d) of this
			 rule applies. The closure plan, closure activities, cost estimates for closure,
			 and financial responsibility for magazines or units must meet all of the
			 requirements specified in subsections G and H of this section, except that the
			 owner or operator may defer closure of the unit as long as it remains in
			 service as a munitions or explosives magazine or storage unit.
(b) If, after removing or decontaminating all
			 residues and making all reasonable efforts to effect removal or decontamination
			 of contaminated components, subsoils, structures, and equipment as required in
			 paragraph (a) of this section, the owner or operator finds that not all
			 contaminated subsoils can be practicably removed or decontaminated, he or she
			 must close the facility and perform post-closure care in accordance with the
			 closure and post-closure requirements that apply to landfills (§ 264.310).
Appendices to Section 264
Appendix I -- Recordkeeping Instructions
The recordkeeping provisions of § 264.73 specify that an
				owner or operator must keep a written operating record at his facility. This
				appendix provides additional instructions for keeping portions of the operating
				record. See § 264.73(b) for additional recordkeeping requirements.
The following information must be recorded, as it becomes
				available, and maintained in the operating record until closure of the facility
				in the following manner:
Records of each hazardous waste received, treated, stored, or
				disposed of at the facility which include the following:
(1) A description by its common name and the
			 EPA Hazardous Waste Number(s) from Sectiont 261 of this chapter which apply to
			 the waste. The waste description also must include the waste's physical form,
			 i.e., liquid, sludge, solid, or contained gas. If the waste is not listed in
			 Section 261, subsection D, of this chapter, the description also must include
			 the process that produced it (for example, solid filter cake from production of
			 ----, EPA Hazardous Waste Number W051).
Each hazardous waste listed in Section 261, subsection D, of
				this chapter, and each hazardous waste characteristic defined in Section 261,
				subsection C, of this chapter, has a four-digit EPA Hazardous Waste Number
				assigned to it. This number must be used for recordkeeping and reporting
				purposes. Where a hazardous waste contains more than one listed hazardous
				waste, or where more than one hazardous waste characteristic applies to the
				waste, the waste description must include all applicable EPA Hazardous Waste
				Numbers.
(2) The estimated
			 or manifest-reported weight, or volume and density, where applicable, in one of
			 the units of measure specified in Table 1;
Table 1
Unit of measure Code1
Gallons G
Gallons per Hour E
Gallons per Day U
Liters L
Liters per Hour H
Liters per Day V
Short Tons per Hour D
Metric Tons per Hour W
Short Tons per Day N Metric Tons per Day S Pounds per Hour J
				Kilograms per Hour R Cubic Yards Y Cubic Meters C Acres B Acre-feet A Hectares
				Q Hectare-meter F Btu's per Hour I Pounds P Short Tons T Kilograms K Tons M
FOOTNOTE: 1Single digit symbols are used here for data
				processing purposes.
(3) The
			 method(s) (by handling code(s) as specified in Table 2) and date(s) of
			 treatment, storage, or disposal.
Table 2.
Handling Codes for Treatment, Storage and Disposal
				Methods
Enter the handling code(s) listed below that most closely
				represents the technique(s) used at the facility to treat, store or dispose of
				each quantity of hazardous waste received.
1. Storage
501 Container (barrel, drum, etc.)
502 Tank
503 Waste Pile
504 Surface Impoundment
505 Drip Pad
506 Containment Building (Storage) S99 Other Storage
				(specify)
2. Treatment
(a) Thermal Treatment--
T06 Liquid injection incinerator
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Multiple hearth incinerator
T10 Infrared furnace incinerator
T11 Molten salt destructor
T12 Pyrolysis
T13 Wet air oxidation
T14 Calcination
T15 Microwave discharge
T18 Other (specify)
(b) Chemical Treatment--T19 Absorption mound
			 T20 Absorption field T21 Chemical fixation T22 Chemical oxidation T23 Chemical
			 precipitation T24 Chemical reduction T25 Chlorination
T26 Chlorinolysis T27 Cyanide destruction T28 Degradation T29
				Detoxification T30 Ion exchange T31 Neutralization T32 Ozonation T33 Photolysis
				T34 Other (specify)
(c)
			 Physical Treatment--
(1) Separation of
			 components: T35 Centrifugation T36 Clarification T37 Coagulation T38 Decanting
			 T39 Encapsulation T40 Filtration T41 Flocculation T42 Flotation T43 Foaming T44
			 Sedimentation T45 Thickening T46 Ultrafiltration T47 Other (specify)
(2) Removal of Specific Components: T48
			 Absorption-molecular sieve T49 Activated carbon
T50 Blending T51 Catalysis T52 Crystallization T53 Dialysis T54
				Distillation T55 Electrodialysis
T56 Electrolysis
T57 Evaporation
T58 High gradient magnetic separation
T59 Leaching
T60 Liquid ion exchange
T61 Liquid-liquid extraction
T62 Reverse osmosis
T63 Solvent recovery
T64 Stripping
T65 Sand filter
T66 Other (specify)
(d) Biological Treatment T67 Activated sludge
			 T68 Aerobic lagoon T69 Aerobic tank
T70 Anaerobic tank
T71 Composting
T72 Septic tank
T73 Spray irrigation
T74 Thickening filter
T75 Trickling filter
T76 Waste stabilization pond
T77 Other (specify)
T78 [Reserved]
T79 [Reserved]
(e) Boilers and Industrial Furnaces T80
			 Boiler
T81 Cement Kiln
T82 Lime Kiln
T83 Aggregate Kiln
T84 Phosphate Kiln
T85 Coke Oven
T86 Blast Furnace
T87 Smelting, Melting, or Refining Furnace
T88 Titanium Dioxide Chloride Process Oxidation Reactor
T89 Methane Reforming Furnace
T90 Pulping Liquor Recovery Furnace
T91 Combustion Device Used in the Recovery of Sulfur Values
				from Spent Sulfuric Acid T92 Halogen Acid Furnaces T93 Other Industrial
				Furnaces Listed in
				40
				CFR 260.10 (specify)
(f) Other Treatment
T94 Containment Building (Treatment)
3. Disposal
D79 Underground Injection
D80 Landfill
D81 Land Treatment
D82 Ocean Disposal
D83 Surface Impoundment (to be closed as a landfill)
D99 Other Disposal (specify)
4. Miscellaneous (Subpart X)
X01 Open Burning/Open Detonation
X02 Mechanical Processing
X03 Thermal Unit
X04 Geologic Repository
X99 Other Subpart X (specify)
Appendices II -- III [Reserved]
Appendix IV -- Cochran's Approximation to the Behrens-Fisher
				Students' T-Test.
Using all the available background data (
nb
readings), calculate the background mean
				(
Xb
) and background variance
				(
sb2
). For the single monitoring
				well under investigation (nm reading), calculate the
				monitoring mean (Xm) and monitoring variance
				(sm2).
Click here to view
				image
and the variance is calculated by:
Click here to view
				image
where "n" denotes the number of observations in the set of
				data.
The t-test uses these data summary measures to calculate a
				t-statistic (t*) and a comparison t-statistic (tc). The
				value is compared to the value and a conclusion reached as to whether there has
				been a statistically significant change in any indicator parameter.
The t-statistic for all parameters except pH and similar
				monitoring parameters is:
Click here to view
				image
If the value of this t-statistic is negative then there is no
				significant difference between the monitoring data and background data. It
				should be noted that significantly small negative values may be indicative of a
				failure of the assumption made for test validity or errors have been made in
				collecting the background data.
The t-statistic (t ), against which t* will be compared,
				necessitates finding t and t from c bm standard (one-tailed) tables
				where,
t = t-tables with (n - 1) degrees of freedom, at bb the 0.05
				level of significance.
t = t-tables with (n - 1) degrees of freedom, m m at the 0.05
				level of significance.
Finally, the special weightings
W
and
W
are defined as:
bm
Click here to view
				image
and so the comparison t-statistic is:
Click here to view
				image
The t-statistic (t*) is now compared with the comparison
				t-statistic (t ) using the following c
decision-rule:
If t* is equal to or larger than t , then conclude that there
				most likely has been a significant c
increase in this specific parameter.
If t* is less than t , then conclude that most likely there has
				not been a change in this specific c parameter.
The t-statistic for testing pH and similar monitoring
				parameters is constructed in the same manner as previously described except the
				negative sign (if any) is discarded and the caveat concerning the negative
				value is ignored. The standard (two-tailed) tables are used in the construction
				for pH and similar monitoring parameters.
If t* is equal to or larger than t , then conclude that there
				most likely has been a significant c
increase (if the initial t* had been negative, this would imply
				a significant decrease). If t* is less than t , then conclude that there most
				likely has been no change. c
A further discussion of the test may be found in
Statistical Methods
(6th Edition, Section 4.14)
by G. W. Snedecor and W. G. Cochran, or
Principles and
				Procedures of Statistics
(1st Edition, Section 5. 8) by R. G. D.
				Steel and J. H. Torrie.
Standard T-Tables 0.05 Level of
				Significance
Degrees of freedom
t-values (one-tail)
t-values (two-tail)
1
6.314
12.706
2
2.920
4.303
3
2.353
3.182
4
2.132
2.776
5
2.015
2.571
6
1.943
2.447
7
1.895
2.365
8
1.860
2.306
9
1.833
2.262
10
1.812
2.228
11
1.796
2.201
12
1.782
2.179
13
1.771
2.160
14
1.761
2.145
15
1.753
2.131
16
1.746
2.120
17
1.740
2.110
18
1.734
2.101
19
1.729
2.093
20
1.725
2.086
21
1.721
2.080
22
1.717
2.074
23
1.714
2.069
24
1.711
2.064
25
1.708
2.060
30
1.697
2.042
40
1.684
Adopted from Table III of "Statistical Tables for Biological,
				Agricultural, and Medical Research" (1947, R. A. Fisher and F. Yates).
Appendix V -- Examples of Potentially Incompatible
				Waste
Many hazardous wastes, when mixed with other waste or materials
				at a hazardous waste facility, can produce effects which are harmful to human
				health and the environment, such as (1) heat or pressure, (2) fire or
				explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or
				(5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste
				components, and materials, along with the harmful consequences which result
				from mixing materials in one group with materials in another group. The list is
				intended as a guide to owners or operators of treatment, storage, and disposal
				facilities, and to enforcement and permit granting officials, to indicate the
				need for special precautions when managing these potentially incompatible waste
				materials or components.
This list is not intended to be exhaustive. An owner or
				operator must, as the regulations require, adequately analyze his wastes so
				that he can avoid creating uncontrolled substances or reactions of the type
				listed below, whether they are listed below or not.
It is possible for potentially incompatible wastes to be mixed
				in a way that precludes a reaction (e.g., adding acid to water rather than
				water to acid) or that neutralizes them (e.g., a strong acid mixed with a
				strong base), or that controls substances produced (e.g., by generating
				flammable gases in a closed tank equipped so that ignition cannot occur, and
				burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a
				Group B material may have the potential consequence as noted.
Group 1-A
Acetylene sludge Alkaline caustic liquids Alkaline cleaner
				Alkaline corrosive liquids
Alkaline corrosive battery fluid
Caustic wastewater
Lime sludge and other corrosive alkalies
Lime wastewater
Lime and water
Spent caustic
Group 1-B Acid sludge Acid and water Battery acid Chemical
				cleaners Electrolyte, acid
Etching acid liquid or solvent Pickling liquor and other
				corrosive acids Spent acid Spent mixed acid Spent sulfuric acid
Potential consequences: Heat generation; violent
				reaction.
Group 2-A Aluminum Beryllium Calcium Lithium Magnesium
				Potassium Sodium Zinc powder Other reactive metals and metal hydrides
Group 2-B
Any waste in Group 1-A or 1-B
Potential consequences: Fire or explosion; generation
				of flammable hydrogen gas.
Group 3-A
Alcohols
Water
Group 3-B
Any concentrated waste in Groups 1-A or 1-B
Calcium
Lithium
Metal hydrides
Potassium
SO Cl , SOCl , PCl , CH SiCl 22 2 333
Other water-reactive waste
Potential consequences: Fire, explosion, or heat
				generation; generation of flammable or toxic gases
. Group 4-A
				Alcohols Aldehydes
Halogenated hydrocarbons Nitrated hydrocarbons Unsaturated
				hydrocarbons Other reactive organic compounds and solvents
Group 4-B
Concentrated Group 1-A or 1-B wastes Group 2-A wastes
Potential consequences: Fire, explosion, or violent
				reaction.
Group 5-A
Spent cyanide and sulfide solutions Group 5-B
Group 1-B wastes
Potential consequences: Generation of toxic hydrogen
				cyanide or hydrogen sulfide gas.
Group 6-A
Chlorates
Chlorine
Chlorites
Chromic acid
Hypochlorites
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
Group 6-B
Acetic acid and other organic acids
Concentrated mineral acids
Group 2-A wastes
Group 4-A wastes
Other flammable and combustible wastes
Potential consequences: Fire, explosion, or violent
				reaction.
Source: "Law, Regulations, and Guidelines for Handling of
				Hazardous Waste." California Department of Health, February 1975.
Appendix VI -- Political Jurisdictions in Which
				Compliance With § 264.18(a) Must Be Demonstrated
None Listed.
Appendices VII - VIII [Reserved]
§ 264 Appendix IX
Groundwater Monitoring List 
				 1
Common
						  name1
CAS
RN2
Chemical abstracts service index
						  name3
Acenaphthene
83-32-9
Acenaphthylene, 1,2-dihydro-
Acenaphthylene
208-96-8
Acenaphthylene
Acetone
67-64-1
2-Propanone
Acetophenone
98-86-2
Ethanone, 1-phenyl-
Acetonitrile; Methyl cyanide
75-05-8
Acetonitrile
2-Acetylaminofluorene; 2-AAF
53-96-3
Acetamide, N-9H-fluoren-2-yl-
Acrolein
107-02-8
2-Propenal
Acrylonitrile
107-13-1
2-Propenenitrile
Aldrin
309-00-2
1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-
hexachloro-1,4,4a,5,8,8a-hexahydro-
(1[ALPHA],4[ALPHA],4a[BETA],5[ALPHA],8[ALPHA],8a[BETA])-
Allyl chloride
107-05-1
1-Propene, 3-chloro-
4-Aminobiphenyl
92-67-1
[1,1'-Biphenyl]-4-amine
Aniline
62-53-3
Benzenamine
Anthracene
120-12-7
Anthracene
Antimony
(Total)
Antimony
Aramite
140-57-8
Sulfurous acid, 2-chloroethyl 2-[4-(1,1-dimethylethyl)
						  phenoxy]-1-methylethyl ester
Arsenic
(Total)
Arsenic
Barium
(Total)
Barium
Benzene
71-43-2
Benzene
Benzo[a]anthracene; Benzanthracene
56-55-3
Benz[a]anthracene
Benzo[b]fluoranthene
205-99-2
Benz[e]acephenanthrylene
Benzo[k]fluoranthene
207-08-9
Benzo[k]fluoranthene
Benzo[ghi]perylene
191-24-2
Benzo[ghi]perylene
Benzo[a]pyrene
50-32-8
Benzo[a]pyrene
Benzyl alcohol
100-51-6
Benzenemethanol
Beryllium
(Total)
Beryllium
alpha-BHC
319-84-6
Cyclohexane,
						  1,2,3,4,5,6-hexachloro-,(1[ALPHA],2[ALPHA],3[BETA],4[BETA],5[BETA],6[BETA])-
beta-BHC
319-85-7
Cyclohexane,
						  1,2,3,4,5,6-hexachloro-,(1[ALPHA],2[BETA],3[ALPHA],4[BETA],5[ALPHA],6[BETA])-
delta-BHC
319-86-8
Cyclohexane,
						  1,2,3,4,5,6-hexachloro-,(1[ALPHA],2[ALPHA],3[ALPHA],4[BETA],5[ALPHA],6[BETA])-
gamma-BHC; Lindane
58-89-9
Cyclohexane,
						  1,2,3,4,5,6-hexachloro-,(1[ALPHA],2[ALPHA],3[BETA],4[ALPHA],5[ALPHA],6[BETA])-
Bis(2-chloroethoxy)methane
111-91-1
Ethane, 1,1'-[methylenebis(oxy)]bis [2-chloro-
Bis(2-chloroethyl)ether
111-44-4
Ethane, 1,1'-oxybis[2-chloro-
Bis(2-chloro-1-methylethyl) ether;
						  2,2'-Dichlorodiisopropyl ether
108-60-1
Propane, 2,2'-oxybis[1-chloro-
Bis(2-ethylhexyl) phthalate
117-81-7
1,2-Benzenedicarboxylic acid,
						  bis(2-ethylhexyl)ester
Bromodichloromethane
75-27-4
Methane, bromodichloro-
Bromoform; Tribromomethane
75-25-2
Methane, tribromo-
4-Bromophenyl phenyl ether
101-55-3
Benzene, 1-bromo-4-phenoxy-
Butyl benzyl phthalate; Benzyl butyl phthalate
85-68-7
1,2-Benzenedicarboxylic acid, butyl phenylmethyl
						  ester
Cadmium
(Total)
Cadmium
Carbon disulfide
75-15-0
Carbon disulfide
Carbon tetrachloride
56-23-5
Methane, tetrachloro-
Chlordane
57-74-9
4,7-Methano-1H-indene,
						  1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a -hexahydro-
p-Chloroaniline
106-47-8
Benzenamine, 4-chloro-
Chlorobenzene
108-90-7
Benzene, chloro-
Chlorobenzilate
510-15-6
Benzeneacetic acid,
						  4-chloro-[ALPHA]-(4-chlorophenyl)-[ALPHA]-hydroxy-, ethyl ester
p-Chloro-m-cresol
59-50-7
Phenol, 4-chloro-3-methyl-
Chloroethane; Ethyl chloride
75-00-3
Ethane, chloro-
Chloroform
67-66-3
Methane, trichloro-
2-Chloronaphthalene
91-58-7
Naphthalene, 2-chloro-
2-Chlorophenol
95-57-8
Phenol, 2-chloro-
4-Chlorophenyl phenyl ether
7005-72-3
Benzene, 1-chloro-4-phenoxy-
Chloroprene
126-99-8
1,3-Butadiene,2-chloro-
Chromium
(Total)
Chromium
Chrysene
218-01-9
Chrysene
Cobalt
(Total)
Cobalt
Copper
(Total)
Copper
m-Cresol
108-39-4
Phenol, 3-methyl-
o-Cresol
95-48-7
Phenol, 2-methyl-
p-Cresol
106-44-5
Phenol, 4-methyl-
Cyanide
57-12-5
Cyanide
2,4-D; 2,4-Dichlorophenoxyacetic acid
94-75-7
Acetic acid, (2,4-dichlorophenoxy)-
4,4'-DDD
72-54-8
Benzene 1,1'-(2,2-dichloroethylidene)
						  bis[4-chloro-
4,4'-DDE
72-55-9
Benzene, 1,1'-(dichloroethenylidene)
						  bis[4-chloro-
4,4'-DDT
50-29-3
Benzene, 1,1'-(2,2,2-trichloroethylidene)
						  bis[4-chloro-
Diallate
2303-16-4
Carbamothioic acid, bis(1-methylethyl)- , S-
						  (2,3-dichloro-2-propenyl) ester
Dibenz[a,h]anthracene
53-70-3
Dibenz[a,h]anthracene
Dibenzofuran
132-64-9
Dibenzofuran
Dibromochloromethane; Chlorodibromomethane
124-48-1
Methane, dibromochloro-
1,2-Dibromo-3-chloropropane;
96-12-8
Propane, 1,2-dibromo-3-chloro-
DBCP
1,2-Dibromoethane; Ethylene dibromide
106-93-4
Ethane, 1,2-dibromo-
Di-n-butyl phthalate
84-74-2
1,2-Benzenedicarboxylic acid, dibutyl ester
o-Dichlorobenzene
95-50-1
Benzene, 1,2-dichloro-
m-Dichlorobenzene
541-73-1
Benzene, 1,3-dichloro-
p-Dichlorobenzene
106-46-7
Benzene, 1,4-dichloro-
3,3'-Dichlorobenzidine
91-94-1
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-
trans-1,4-Dichloro-2-butene
110-57-6
2-Butene, 1,4-dichloro-, (E)-
Dichlorodifluoromethane
75-71-8
Methane, dichlorodifluoro-
1,1-Dichloroethane
75-34-3
Ethane, 1,1-dichloro-
1,2-Dichloroethane; Ethylene dichloride
107-06-2
Ethane, 1,2-dichloro-
1,1-Dichloroethylene; Vinylidene chloride
75-35-4
Ethene, 1,1-dichloro-
trans-1,2-Dichloroethylene
156-60-5
Ethene, 1,2-dichloro-, (E)-
2,4-Dichlorophenol
120-83-2
Phenol, 2,4-dichloro-
2,6-Dichlorophenol
87-65-0
Phenol, 2,6-dichloro-
1,2-Dichloropropane
78-87-5
Propane, 1,2-dichloro-
cis-1,3-Dichloropropene
10061-01-5
1-Propene, 1,3-dichloro-, (Z)-
trans-1,3-Dichloropropene
10061-02-6
1-Propene, 1,3-dichloro-, (E)-
Dieldrin
60-57-1
2,7:3,6-Dimethanonaphth [2,3-b]oxirene,
						  3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,
						  (1a[ALPHA],2[BETA],2a[ALPHA],3[BETA],6[BETA];,6a[ALPHA],7[BETA],7a[ALPHA])-
Diethyl phthalate
84-66-2
1,2-Benzenedicarboxylic acid, diethyl ester
O,O-Diethyl O-2-pyrazinyl phosphorothioate;
						  Thionazin
297-97-2
Phosphorothioic acid, O,O-diethyl O-pyrazinyl
						  ester
Dimethoate
60-51-5
Phosphorodithioic acid, O,O-dimethyl
						  S-[2-(methylamino)-2-oxoethyl] ester
p-(Dimethylamino)azobenzene
60-11-7
Benzenamine, N,N-dimethyl-4-(phenylazo)-
7,12-Dimethylbenz[a]anthracene
57-97-6
Benz[a]anthracene, 7,12-dimethyl-
3,3'-Dimethylbenzidine
119-93-7
[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-
alpha, alpha-Dimethylphenethylamine
122-09-8
Benzeneethanamine, [ALPHA],[ALPHA]-dimethyl-
2,4-Dimethylphenol
105-67-9
Phenol, 2,4-dimethyl-
Dimethyl phthalate
131-11-3
1,2-Benzenedicarboxylic acid, dimethyl ester
m-Dinitrobenzene
99-65-0
Benzene, 1,3-dinitro-
4,6-Dinitro-o-cresol
534-52-1
Phenol, 2-methyl-4,6-dinitro-
2,4-Dinitrophenol
51-28-5
Phenol, 2,4-dinitro-
2,4-Dinitrotoluene
121-14-2
Benzene, 1-methyl-2,4-dinitro-
2,6-Dinitrotoluene
606-20-2
Benzene, 2-methyl-1,3-dinitro-
Dinoseb; DNBP; 2-sec-Butyl-4,6-dinitrophenol
88-85-7
Phenol, 2-(1-methylpropyl)-4,6-dinitro-
Di-n-octyl phthalate
117-84-0
1,2-Benzenedicarboxylic acid, dioctyl ester
1,4-Dioxane
123-91-1
1,4-Dioxane
Diphenylamine
122-39-4
Benzenamine, N-phenyl-
Disulfoton
298-04-4
Phosphorodithioic acid, O,O-diethyl
						  S-[2-(ethylthio)ethyl]ester
Endosulfan I
959-98-8
6,9-Methano-2,4,3- benzodioxathiepin,
6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-,
3-oxide,(3[ALPHA],5a[BETA],6[ALPHA],9[ALPHA],9a[BETA])-
Endosulfan II
33213-65-9
6,9-Methano-2,4,3- benzodioxathiepin,
						  6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide,
						  (3[ALPHA],5a[ALPHA],6[BETA],9[BETA],9a[ALPHA])-
Endosulfan sulfate
1031-07-8
6,9-Methano-2,4,3- benzodioxathiepin,
6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-,
3,3-dioxide
Endrin
72-20-8
2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
						  3,4,5,6,9,9-hexachloro-,1a,2,2a,3,6,6a,7,7a-octahydro-,
						  (1a[ALPHA],2[BETA],2a[BETA],3[ALPHA],6[ALPHA],6a[BETA],7[BETA],
						  7a[ALPHA])-
Endrin aldehyde
7421-93-4
1,2,4- Methenocyclopenta[cd]
						  pentalene-5-carboxaldehyde,
						  2,2a,3,3,4,7-hexachlorodecahydro-,(1[ALPHA],2[BETA],2a[BETA],4[BETA],4a[BETA],5[BETA],6a[BETA],6b[BETA],7R*)-
Ethylbenzene
100-41-4
Benzene, ethyl-
Ethyl methacrylate
97-63-2
2-Propenoic acid, 2-methyl-, ethyl ester
Ethyl methanesulfonate
62-50-0
Methanesulfonic acid, ethyl ester
Famphur
52-85-7
Phosphorothioic acid,
						  O-[4-[(dimethylamino)sulfonyl]phenyl]-O,O-dimethyl ester
Fluoranthene
206-44-0
Fluoranthene
Fluorene
86-73-7
9H-Fluorene
Heptachlor
76-44-8
4,7-Methano-1H-indene,
						  1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-
Heptachlor epoxide
1024-57-3
2,5-Methano-2H-indeno[1,2-b] oxirene,
						  2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a,-hexahydro-,
						  (1a[ALPHA],1b[BETA],2[ALPHA],5[ALPHA],5a[BETA],6[BETA],6a[ALPHA])
Hexachlorobenzene
118-74-1
Benzene, hexachloro-
Hexachlorobutadiene
87-68-3
1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
Hexachlorocyclopentadiene
77-47-4
1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
Hexachloroethane
67-72-1
Ethane, hexachloro-
Hexachlorophene
70-30-4
Phenol, 2,2'-methylenebis[3,4,6-trichloro-
Hexachloropropene
1888-71-7
1-Propene, 1,1,2,3,3,3-hexachloro-
2-Hexanone
591-78-6
2-Hexanone
Indeno(1,2,3-cd)pyrene
193-39-5
Indeno[1,2,3-cd]pyrene
Isobutyl alcohol
78-83-1
1-Propanol, 2-methyl-
Isodrin
465-73-6
1,4,5,8-Dimethanonaphthalene,1,2,3,4,1
						  0,10-hexachloro-1,4,4a,5,8,8a hexahydro-(1[ALPHA], 4[ALPHA], 4a[BETA], 5[BETA],
						  8[BETA], 8a[BETA])-
Isophorone
78-59-1
2-Cyclohexen-1-one, 3,5,5-trimethyl-
Isosafrole
120-58-1
1,3-Benzodioxole, 5-(1-propenyl)-
Kepone
143-50-0
1,3,4-Metheno-2H-cyclobuta-[cd]pentalen-2-one,
						  1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-
Lead
(Total)
Lead
Mercury
(Total)
Mercury
Methacrylonitrile
126-98-7
2-Propenenitrile, 2-methyl-
Methapyrilene
91-80-5
1,2,Ethanediamine,N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-
Methoxychlor
72-43-5
Benzene, 1,1'-(2,2,2,trichloroethylidene)bis
						  [4-methoxy-
Methyl bromide; Bromomethane
74-83-9
Methane, bromo-
Methyl chloride; Chloromethane
74-87-3
Methane, chloro-
3-Methylcholanthrene
56-49-5
Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-
Methylene bromide; Dibromomethane
74-95-3
Methane, dibromo-
Methylene chloride; Dichloromethane
75-09-2
Methane, dichloro-
Methyl ethyl ketone; MEK;
78-93-3
2-Butanone
Methyl iodide; Iodomethane
74-88-4
Methane, iodo-
Methyl methacrylate
80-62-6
2-Propenoic acid, 2-methyl-, methyl ester
Methyl methanesulfonate
66-27-3
Methanesulfonic acid, methyl ester
2-Methylnaphthalene
91-57-6
Naphthalene, 2-methyl-
Methyl parathion; Parathion methyl
298-00-0
Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl)
						  ester
4-Methyl-2-pentanone; Methyl isobutyl ketone
108-10-1
2-Pentanone, 4-methyl-
Naphthalene
91-20-3
Naphthalene
1,4-Naphthoquinone
130-15-4
1,4-Naphthalenedione
1-Naphthylamine
134-32-7
1-Naphthalenamine
2-Naphthylamine
91-59-8
2-Naphthalenamine
Nickel
(Total)
Nickel
o-Nitroaniline
88-74-4
Benzenamine, 2-nitro-
m-Nitroaniline
99-09-2
Benzenamine, 3-nitro-
p-Nitroaniline
100-01-6
Benzenamine, 4-nitro-
Nitrobenzene
98-95-3
Benzene, nitro-
o-Nitrophenol
88-75-5
Phenol, 2-nitro-
p-Nitrophenol
100-02-7
Phenol, 4-nitro-
4-Nitroquinoline 1-oxide
56-57-5
Quinoline, 4-nitro, 1-oxide
N-Nitrosodi-n-butylamine
924-16-3
1-Butanamine, N-butyl-N-nitroso-
N-Nitrosodiethylamine
55-18-5
Ethanamine, N-ethyl-N-nitroso-
N-Nitrosodimethylamine
62-75-9
Methanamine, N-methyl-N-nitroso-
N-Nitrosodiphenylamine
86-30-6
Benzenamine, N-nitroso-N-phenyl-
N-Nitrosodipropylamine;Di-n-propylnitrosamine
621-64-7
1-Propanamine, N-nitroso-N-propyl-
N-Nitrosomethylethalamine
10595-95-6
Ethanamine, N-methyl-N-nitroso-
N-Nitrosomorpholine
59-89-2
Morpholine, 4-nitroso-
N-Nitrosopiperidine
100-75-4
Piperidine, 1-nitroso-
N-Nitrosopyrrolidine
930-55-2
Pyrrolidine, 1-nitroso-
5-Nitro-o-toluidine
99-55-8
Benzenamine, 2-methyl-5-nitro-
Parathion
56-38-2
Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl)
						  ester
Polychlorinated biphenyls; PCBs
See footnote
4
l,l'-Biphenyl, chloro derivatives
Polychlorinated dibenzo-p-dioxins; PCDDs
See footnote
5
Dibenzo[b,e][1,4]dioxin, chloro derivatives
Polychlorinated dibenzofurans; PCDFs
See footnote
6
Dibenzofuran, chloro derivatives
Pentachlorobenzene
608-93-5
Benzene, pentachloro-
Pentachloroethane
76-01-7
Ethane, pentachloro-
Pentachloronitrobenzene
82-68-8
Benzene, pentachloronitro-
Pentachlorophenol
87-86-5
Phenol, pentachloro-
Phenacetin
62-44-2
Acetamide, N-(4-ethoxyphenyl)
Phenanthrene
85-01-8
Phenanthrene
Phenol
108-95-2
Phenol
p-Phenylenediamine
106-50-3
1,4-Benzenediamine
Phorate
298-02-2
Phosphorodithioic acid, O,O-diethyl
						  S-[(ethylthio)methyl] ester
2-Picoline
109-06-8
Pyridine, 2-methyl-
Pronamide
23950-58-5
Benzamide,
						  3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-
Propionitrile; Ethyl cyanide
107-12-0
Propanenitrile
Pyrene
129-00-0
Pyrene
Pyridine
110-86-1
Pyridine
Safrole
94-59-7
1,3-Benzodioxole, 5-(2-propenyl)-
Selenium
(Total)
Selenium
Silver
(Total)
Silver
Silvex; 2,4,5-TP
93-72-1
Propanoic acid, 2-(2,4,5- trichlorophenoxy)-
Styrene
100-42-5
Benzene, ethenyl-
Sulfide
18496-25-8
Sulfide
2,4,5-T; 2,4,5-Trichlorophenoxyacetic acid
93-76-5
Acetic acid, (2,4,5-trichlorophenoxy)-
2,3,7,8-TCDD;
						  2,3,7,8-Tetrachlorodibenzo-p-dioxin
1746-01-6
Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro-
1,2,4,5-Tetrachlorobenzene
95-94-3
Benzene, 1,2,4,5-tetrachloro-
1,1,1,2-Tetrachloroethane
630-20-6
Ethane, 1,1,1,2-tetrachloro-
1,1,2,2-Tetrachloroethane
79-34-5
Ethane, 1,1,2,2-tetrachloro-
Tetrachloroethylene;
Perchloroethylene;
Tetrachloroethene
127-18-4
Ethene, tetrachloro-
2,3,4,6-Tetrachlorophenol
58-90-2
Phenol, 2,3,4,6-tetrachloro-
Tetraethyl dithiopyrophosphate; Sulfotepp
3689-24-5
Thiodiphosphoric acid ([(HO)2
						  P(S)]2 O), tetraethyl ester
Thallium
(Total)
Thallium
Tin
(Total)
Tin
Toluene
108-88-3
Benzene, methyl-
o-Toluidine
95-53-4
Benzenamine, 2-methyl-
Toxaphene
8001-35-2
Toxaphene
1,2,4-Trichlorobenzene
120-82-1
Benzene, 1,2,4-trichloro-
1,1,1-Trichloroethane; Methylchloroform
71-55-6
Ethane, 1,1,1-trichloro-
1,1,2-Trichloroethane
79-00-5
Ethane, 1,1,2-trichloro-
Trichloroethylene; Trichloroethene
79-01-6
Ethene, trichloro-
Trichlorofluoromethane
75-69-4
Methane, trichlorofluoro-
2,4,5-Trichlorophenol
95-95-4
Phenol, 2,4,5-trichloro-
2,4,6-Trichlorophenol
88-06-2
Phenol, 2,4,6-trichloro-
1,2,3-Trichloropropane
96-18-4
Propane, 1,2,3-trichloro-
O,O,O-Triethyl phosphorothioate
126-68-1
Phosphorothioic acid, O,O,O-triethyl ester
sym-Trinitrobenzene
99-35-4
Benzene, 1,3,5-trinitro-
Vanadium
(Total)
Vanadium
Vinyl acetate
108-05-4
Acetic acid, ethenyl ester
Vinyl chloride
75-01-4
Ethene, chloro-
Xylene (total)
1330-20-7
Benzene, dimethyl-
Zinc
(Total)
Zinc
FOOTNOTES:
(1) The
			 regulatory requirements pertain only to the list of substances; the right hand
			 columns (Methods and PQL) are given for informational purposes only. See also
			 footnotes 5 and 6.
(2) Common names
			 are those widely used in government regulations, scientific publications, and
			 commerce; synonyms exist for many chemicals.
(3) Chemical Abstracts Service registry
			 number. Where "Total" is entered, all species in the ground water that contain
			 this element are included.
(4) CAS
			 index names are those used in the 9th Cumulative Index.
(5) Suggested methods refer to analytical
			 procedure numbers used in the EPA publication, SW-846, "Test Methods for
			 Evaluating Solid Waste", Third Edition. Analytical details can be found in
			 SW-846 and in documentation on file at the Agency. The packed column gas
			 chromatography methods 8010, 8020, 8030, 8040, 8060, 8080, 8090, 8110, 8120,
			 8140, 8150, 8240, and 8250 were promulgated methods through Update IIB of
			 SW-846 and,
as of Update III, the Agency has replaced these methods with
			 "capillary column GC methods", as the suggested methods
.
(6) Practical Quantitation Limits (PQLs) are
			 the lowest concentrations of analytes in ground waters that can be reliably
			 determined within specified limits of precision and accuracy by the indicated
			 methods under routine laboratory operating conditions. The PQLs listed are
			 generally stated to one significant figure. CAUTION: The PQL values in many
			 cases are based only on a general estimate for the method and not on a
			 determination for individual compounds; PQLs are not a part of the
			 regulation.
(7) Polychlorinated
			 biphenyls (CAS RN 1336-36-3); this category contains congener chemicals,
			 including constituents of Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS
			 RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5), Aroclor-1242 (CAS RN
			 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN
			 11097-69-1), and Aroclor-1260 (CAS RN 11096-82-5). The PQL shown is an average
			 value for PCB congeners.
(8) This
			 category contains congener chemicals, including tetrachlorodibenzo-p-dioxins
			 (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and
			 hexachlorodibenzo-p-dioxins. The PQL shown is an average value for PCDD
			 congeners.
(9) This category
			 contains congener chemicals, including tetrachlorodibenzofurans,
			 pentachlorodibenzofurans, and hexachlorodibenzofurans. The PQL shown is an
			 average value for PCDF
			 congeners.
Section 265.
INTERIM STATUS STANDARDS
			 FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
			 FACILITIES
Subsection A
--
			 General
§ 265.1
Purpose,
			 scope, and applicability
(a) The
			 purpose of this Section is to establish minimum national standards that define
			 the acceptable management of hazardous waste during the period of interim
			 status and until certification of final closure or, if the facility is subject
			 to post-closure requirements, until post-closure responsibilities are
			 fulfilled.
(b) Except as provided
			 in § 265.1080(b), the standards of this Section, and of §§
			 264.552, 264.553, and 264.554, apply to owners and operators of facilities that
			 treat, store or dispose of hazardous waste who have fully complied with the
			 requirements for interim status under section 3005(e) of RCRA and § 270.10
			 of this rule until either a permit is issued under section 3005 of RCRA or
			 until applicable Section 265 closure and post-closure responsibilities are
			 fulfilled, and to those owners and operators of facilities in existence on
			 November 19, 1980 who have failed to provide timely notification as required by
			 section 3010(a) of RCRA and/or failed to file part A of the permit application
			 as required by § 270.10 (e) and (g). These standards apply to all
			 treatment, storage and disposal of hazardous waste at these facilities after
			 the effective date of these rules, except as specifically provided otherwise in
			 this Section or Section 261 of this rule.
[Comment: As stated in section 3005(a) of RCRA, after the
				effective date of s under that section (i.e., 270 and 124 of this rule), the
				treatment, storage and disposal of hazardous waste is prohibited except in
				accordance with a permit. Section 3005(e) of RCRA provides for the continued
				operation of an existing facility that meets certain conditions, until final
				administrative disposition of the owner's and operator's permit application is
				made.]
(c) The requirements
			 of this Section do not apply to:
(1) A person
			 disposing of hazardous waste by means of ocean disposal subject to a permit
			 issued under the federal Marine Protection, Research, and Sanctuaries Act;
[Comment: These Section 265 rules do apply to the treatment or
				storage of hazardous waste before it is loaded onto an ocean vessel for
				incineration or disposal at sea, as provided in paragraph (b) of this
				section.]
(2)
			 [Reserved]
(3) The owner or
			 operator of a POTW which treats, stores, or disposes of hazardous waste;
[Comment: The owner or operator of a facility under paragraphs
				(c)(1) through (3) of this section is subject to the requirements of Section
				264 this rule to the extent they are included in a permit by rule granted to
				such a person under 40 CFR part 122, or are required by
				40 CFR
				144.14.]
(4) [Reserved]
(5) The owner or operator of a facility
			 permitted, licensed, or registered by a State to manage municipal or industrial
			 solid waste, if the only hazardous waste the facility treats, stores, or
			 disposes of is excluded from rule under this Section by § 262.14of this
			 rule;
(6) The owner and operator of
			 a facility managing recyclable materials described in § 261.6 (a) (2), (3)
			 and (4) of this rule (except to the extent that requirements of this Section
			 are referred to in Section 279 or Subsections C, F, G or H of Section 266 of
			 this rule).
(7) A generator
			 accumulating waste on-site in compliance with applicable conditions for
			 exemption in §§ 262.14 through 262.17 and subsections K and L of
			 section 262 of this rule, except to the extent the requirements of this section
			 are included in those sections and subsections;
(8) A farmer disposing of waste pesticides
			 from his own use in compliance with § 262.70 of this rule; or
(9) The owner or operator of a totally
			 enclosed treatment facility, as defined in § 260.10.
(10) The owner or operator of an elementary
			 neutralization unit or a wastewater treatment unit as defined in § 260.10
			 of this rule, provided that if the owner or operator is diluting hazardous
			 ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
			 § 268.40 of this Rule, Table Treatment Standards for Hazardous Wastes), or
			 reactive (D003) waste, to remove the characteristic before land disposal, the
			 owner/operator must comply with the requirements set out in §
			 265.17(b).
(11)
(i) Except as provided in paragraph
			 (c)(11)(ii) of this section, a person engaged in treatment or containment
			 activities during immediate response to any of the following situations:
(A) A discharge of a hazardous
			 waste;
(B) An imminent and
			 substantial threat of a discharge of a hazardous waste;
(C) A discharge of a material which, when
			 discharged, becomes a hazardous waste.
(D) An immediate threat to human health,
			 public safety, property, or the environment, from the known or suspected
			 presence of military munitions, other explosive material, or an explosive
			 device, as determined by an explosive or munitions emergency response
			 specialist as defined in § 260.10.
(ii) An owner or operator of a facility
			 otherwise regulated by this Section must comply with all applicable
			 requirements of Subsections C and D.
(iii) Any person who is covered by paragraph
			 (c)(11)(i) of this section and who continues or initiates hazardous waste
			 treatment or containment activities after the immediate response is over is
			 subject to all applicable requirements of this Section, 40 CFR parts 122
			 through 124, and Rule No. 8 for those activities.
(iv) In the case of an explosives or
			 munitions emergency response, if a Federal, State, Tribal or local official
			 acting within the scope of his or her official responsibilities, or an
			 explosives or munitions emergency response specialist, determines that
			 immediate removal of the material or waste is necessary to protect human health
			 or the environment, that official or specialist may authorize the removal of
			 the material or waste by transporters who do not have EPA identification
			 numbers and without the preparation of a manifest. In the case of emergencies
			 involving military munitions, the responding military emergency response
			 specialist's organizational unit must retain records for three years
			 identifying the dates of the response, the responsible persons responding, the
			 type and description of material addressed, and its disposition.
(12) A transporter storing
			 manifested shipments of hazardous waste in containers meeting the requirements
			 of Section 262.30 at a transfer facility for a period of ten days or
			 less.
(13) The addition of
			 absorbent material to waste in a container (as defined in § 260.10 of this
			 rule) or the addition of waste to the absorbent material in a container
			 provided that these actions occur at the time waste is first placed in the
			 containers; and §§ 265.17(b), 265.171, and 265.172 are complied
			 with.
(14) Universal waste handlers
			 and universal waste transporters (as defined in § 260.10) handling the
			 wastes listed below. These handlers are subject to rule under § 273, when
			 handling the below listed universal wastes.
(i) Batteries as described in § 273.2;
(ii)  Pesticides as described in
			 § 273.3 of this rule;
(iii)
			 Mercury-containing devices as described in § 273.4 of this rule;
(iv) Lamps as described in §
			 273.5 of this rule; and
(v)
Consumer electronic items as described in § 273.6.
(d)
			 The following hazardous wastes must not be managed at facilities subject to
			 rule under this section:
(1) EPA Hazardous
			 Waste Nos. F020, F021, F022, F023, F026, or F027 unless:
(i) The wastewater treatment sludge is
			 generated in a surface impoundment as Section of the plant's wastewater
			 treatment system;
(ii) The waste is
			 stored in tanks or containers;
(iii) The waste is stored or treated in waste
			 piles that meet the requirements of § 264.250(c) as well as all other
			 applicable requirements of Subsection L of this Section;
(iv) The waste is burned in incinerators that
			 are certified pursuant to the standards and procedures in § 265.352;
			 or
(v) The waste is burned in
			 facilities that thermally treat the waste in a device other than an incinerator
			 and that are certified pursuant to the standards and procedures in §
			 265.383.
(e)
			 The requirements of this Section apply to owners or operators of all facilities
			 which treat, store or dispose of hazardous waste referred to in 40 CFR Section
			 268 and Section 268 of this Rule, and the 40 CFR Section 268 standards are
			 considered material conditions or requirements of the Section 265 interim
			 status standards.
(f) Section
			 266.205 of this rule identifies when the requirements of this section apply to
			 the storage of military munitions classified as solid waste under §
			 266.202 of this rule. The treatment and disposal of hazardous waste military
			 munitions are subject to the applicable permitting, procedural, and technical
			 standards in Sections 260 through 270.
§§ 265.2
-- 265.3
			 [Reserved]
§ 265.4
Imminent hazard action
Notwithstanding any other provisions of these rules,
				enforcement actions may be brought pursuant to section 7003 of RCRA or the
				Arkansas Remedial Action Trust Fund Act (RATFA) (A.C.A. §§ 8-7-501
et seq
.).
Subsection B
-- General Facility
			 Standards
§ 265.10
Applicability
The rules in this Subsection apply to owners and operators of
				all hazardous waste facilities, except as § 265.1 provides
				otherwise.
§ 265.11
Identification number
Every facility owner or operator must apply to the Department
				for an EPA identification number.
§
			 265.12
Required notices
(a) The owner or operator of a facility that
			 is arranging or has arranged to receive hazardous waste subject to section 262,
			 subsection H from a foreign source must submit the following required notices:
(1) As per § 262.84(b), for imports
			 where the competent authority of the country of export does not require the
			 foreign exporter to submit to it a notification proposing export and obtain
			 consent from EPA and the competent authorities for the countries of transit,
			 such owner or operator of the facility, if acting as the importer, must provide
			 notification of the proposed transboundary movement in English to EPA using the
			 allowable methods listed in § 262.84(b)(1) at least 60 days before the
			 first shipment is expected to depart the country of export. The notification
			 may cover up to one year of shipments of wastes having similar physical and
			 chemical characteristics, the same United Nations classification, the same RCRA
			 waste codes and OECD waste codes, and being sent from the same foreign
			 exporter.
(2) As per §
			 262.84(d)(2)(xv), a copy of the movement document bearing all required
			 signatures within three (3) working days of receipt of the shipment to the
			 foreign exporter; to the competent authorities of the countries of export and
			 transit that control the shipment as an export and transit shipment of
			 hazardous waste respectively; and on or after the electronic import-export
			 reporting compliance date, to EPA electronically using EPA's Waste Import
			 Export Tracking System (WIETS), or its successor system. The original of the
			 signed movement document must be maintained at the facility for at least three
			 (3) years. The owner or operator of a facility may satisfy this recordkeeping
			 requirement by retaining electronically submitted documents in the facility's
			 account on EPA's Waste Import Export Tracking System (WIETS), or its successor
			 system, provided that copies are readily available for viewing and production
			 if requested by any EPA or authorized state inspector. No owner or operator of
			 a facility may be held liable for the inability to produce the documents for
			 inspection under this section if the owner or operator of a facility can
			 demonstrate that the inability to produce the document is due exclusively to
			 technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or
			 its successor system, for which the owner or operator of a facility bears no
			 responsibility.
(3) As per §
			 262.84(f)(4), if the facility has physical control of the waste and it must be
			 sent to an alternate facility or returned to the country of export, such owner
			 or operator of the facility must inform EPA, using the allowable methods listed
			 in § 262.84(b)(1) of the need to return or arrange alternate management of
			 the shipment.
(4) As per §
			 262.84(g), such owner or operator shall:
(i)
			 Send copies of the signed and dated confirmation of recovery or disposal, as
			 soon as possible, but no later than thirty days after completing recovery or
			 disposal on the waste in the shipment and no later than one calendar year
			 following receipt of the waste, to the foreign exporter, to the competent
			 authority of the country of export that controls the shipment as an export of
			 hazardous waste, and on or after the electronic import-export reporting
			 compliance date, to EPA electronically using EPA's Waste Import Export Tracking
			 System (WIETS), or its successor system.
(ii) If the facility performed any of
			 recovery operations R12, R13, or RC16, or disposal operations D13 through D15,
			 or DC17, promptly send copies of the confirmation of recovery or disposal that
			 it receives from the final recovery or disposal facility within one year of
			 shipment delivery to the final recovery or disposal facility that performed one
			 of recovery operations R1 through R11, or RC16, or one of disposal operations
			 D1 through D12, or DC15 to DC16, to the competent authority of the country of
			 export that controls the shipment as an export of hazardous waste, and on or
			 after the electronic import-export reporting compliance date, to EPA
			 electronically using EPA's Waste Import Export Tracking System (WIETS), or its
			 successor system. The recovery and disposal operations in this paragraph are
			 defined in § 262.81.
(b) Before transferring ownership or
			 operation of a facility during its operating life, or of a disposal facility
			 during the post-closure care period, the owner or operator must notify the new
			 owner or operator in writing of the requirements of this Section and Section
			 270 of this rule. (Also see § 270.72 of this rule.)
[Comment: An owner's or operator's failure to notify the new
				owner or operator of the requirements of this Section in no way relieves the
				new owner or operator of his obligation to comply with all applicable
				requirements.]
§
			 265.13
General waste analysis
(a)
(1)
			 Before an owner or operator treats, stores, or disposes of any hazardous
			 wastes, or nonhazardous wastes if applicable under § 265.113(d), he must
			 obtain a detailed chemical and physical analysis of a representative sample of
			 the wastes. At a minimum, the analysis must contain all the information which
			 must be known to treat, store, or dispose of the waste in accordance with this
			 Section and Section 268 of this rule.
As a minimum, this analysis shall
			 include a detailed waste characterization by a commercial facility for at least
			 10% of the waste processed for each large quantity generator shipping wastes to
			 the facility for treatment, storage, or disposal.
(2) The analysis may include data developed
			 under Section 261 of this rule, and existing published or documented data on
			 the hazardous waste or on waste generated from similar processes.
[Comment: For example, the facility's records of analyses
				performed on the waste before the effective date of these rules, or studies
				conducted on hazardous waste generated from processes similar to that which
				generated the waste to be managed at the facility, may be included in the data
				base required to comply with paragraph (a)(1) of this section. The owner or
				operator of an off-site facility may arrange for the generator of the hazardous
				waste to supply part of the information required by paragraph (a)(1) of this
				section, except as otherwise specified in § 268.7 (b) and (c). If the
				generator does not supply the information, and the owner or operator chooses to
				accept a hazardous waste, the owner or operator is responsible for obtaining
				the information required to comply with this section.]
(3) The analysis must be repeated as
			 necessary to ensure that it is accurate and up to date. At a minimum, the
			 analysis must be repeated:
(i) When the owner
			 or operator is notified, or has reason to believe, that the process or
			 operation generating the hazardous wastes or non-hazardous wastes, if
			 applicable, under § 265.113(d) has changed; and
(ii) For off-site facilities, when the
			 results of the inspection required in paragraph (a)(4) of this section indicate
			 that the hazardous waste received at the facility does not match the waste
			 designated on the accompanying manifest or shipping paper.
(4) The owner or operator of an off-site
			 facility must inspect and, if necessary, analyze each hazardous waste movement
			 received at the facility to determine whether it matches the identity of the
			 waste specified on the accompanying manifest or shipping
			 paper.
(b) The owner or
			 operator must develop and follow a written waste analysis plan which describes
			 the procedures which he will carry out to comply with paragraph (a) of this
			 section. He must keep this plan at the facility. At a minimum, the plan must
			 specify:
(1) The parameters for which each
			 hazardous waste, or non-hazardous waste if applicable under § 265.113(d),
			 will be analyzed and the rationale for the selection of these parameters (i.e.,
			 how analysis for these parameters will provide sufficient information on the
			 waste's properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to
			 test for these parameters;
(3) The
			 sampling method which will be used to obtain a representative sample of the
			 waste to be analyzed. A representative sample may be obtained using either:
(i) One of the sampling methods described in
			 Appendix I of Section 261 of this rule;
or
(ii) An
			 equivalent sampling method. [Comment: See § 260.20(c) of this rule for
			 related discussion.]
(4)
			 The frequency with which the initial analysis of the waste will be reviewed or
			 repeated to ensure that the analysis is accurate and up to date;
(5) For off-site facilities, the waste
			 analyses that hazardous waste generators have agreed to supply; and
(6) Where applicable, the methods that will
			 be used to meet the additional waste analysis requirements for specific waste
			 management methods as specified in §§ 265.200, 265.225, 265.252,
			 265.273, 265.314, 265.341, 265.375, 265.402, 265.1034(d), 265.1063(d), and
			 268.7 of this rule.
(7) For surface
			 impoundments exempted from land disposal restrictions under § 268.4(a) of
			 this rule, the procedures and schedule for:
(i) The sampling of impoundment contents;
(ii) The analysis of test data;
			 and,
(iii) The annual removal of
			 residues which are not delisted under
			 40
			 CFR 260.22 or which exhibit a characteristic
			 of hazardous waste and either:
(A) Do not
			 meet applicable treatment standards of Section 268, Subsection D; or
(B) Where no treatment standards have been
			 established;
(1) Such residues are prohibited
			 from land disposal under § 268.32 or RCRA section 3004(d); or
(2) Such residues are prohibited from land
			 disposal under § 268.33(f).
(8) For owners and operators seeking an
			 exemption to the air emission standards of Subsection CC of this Section in
			 accordance with § 265.1083-
(i) If direct
			 measurement is used for the waste determination, the procedures and schedules
			 for waste sampling and analysis, and the results of the analysis of test data
			 to verify the exemption.
(ii) If
			 knowledge of the waste is used for the waste determination, any information
			 prepared by the facility owner or operator or by the generator of the hazardous
			 waste, if the waste is received from off-site, that is used as the basis for
			 knowledge of the waste.
(c) For off-site facilities, the waste
			 analysis plan required in paragraph (b) of this section must also specify the
			 procedures which will be used to inspect and, if necessary, analyze each
			 movement of hazardous waste received at the facility to ensure that it matches
			 the identity of the waste designated on the accompanying manifest or shipping
			 paper. At a minimum, the plan must describe:
(1) The procedures which will be used to
			 determine the identity of each movement of waste managed at the facility;
			 and
(2) The sampling method which
			 will be used to obtain a representative sample of the waste to be identified,
			 if the identification method includes sampling.
(3) The procedures that the owner or operator
			 of an off-site landfill receiving containerized hazardous waste will use to
			 determine whether a hazardous waste generator or treater has added a
			 biodegradable sorbent to the waste in the
			 container.
§
			 265.14
Security
(a)
			 The owner or operator must prevent the unknowing entry, and minimize the
			 possibility for the unauthorized entry, of persons or livestock onto the active
			 portion of his facility, unless:
(1) Physical
			 contact with the waste, structures, or equipment with the active portion of the
			 facility will not injure unknowing or unauthorized persons or livestock which
			 may enter the active portion of a facility, and
(2) Disturbance of the waste or equipment, by
			 the unknowing or unauthorized entry of persons or livestock onto the active
			 portion of a facility, will not cause a violation of the requirements of this
			 Section.
(b) Unless
			 exempt under paragraphs (a)(1) and (2) of this section, a facility must have:
(1) A 24-hour surveillance system (e.g.,
			 television monitoring or surveillance by guards or facility personnel) which
			 continuously monitors and controls entry onto the active portion of the
			 facility; or
(2)
(i) An artificial or natural barrier (e.g., a
			 fence in good repair or a fence combined with a cliff), which completely
			 surrounds the active portion of the facility; and
(ii) A means to control entry, at all times,
			 through the gates or other entrances to the active portion of the facility
			 (e.g., an attendant, television monitors, locked entrance, or controlled
			 roadway access to the facility).
[Comment: The requirements of paragraph (b) of this section are
				satisfied if the facility or plant within which the active portion is located
				itself has a surveillance system, or a barrier and a means to control entry,
				which complies with the requirements of paragraph (b)(1) or (2) of this
				section.]
(c) Unless exempt under paragraphs (a)(1) and
			 (a)(2) of this section, a sign with the legend, "
Danger - Unauthorized
			 Personnel Keep Out
," must be posted at each entrance to the active
			 portion of a facility, and at other locations, in sufficient numbers to be seen
			 from any approach to this active portion. The legend must be written in English
			 and in any other language predominant in the area surrounding the facility
			 (e.g., facilities in counties bordering the Canadian province of Quebec must
			 post signs in French; facilities in counties bordering Mexico must post signs
			 in Spanish), and must be legible from a distance of at least 25 feet. Existing
			 signs with a legend other than "Danger - Unauthorized Personnel Keep Out" may
			 be used if the legend on the sign indicates that only authorized personnel are
			 allowed to enter the active portion, and that entry onto the active portion can
			 be dangerous.
[Comment: See § 265.117(b) for discussion of security
				requirements at disposal facilities during the post-closure care
				period.]
§
			 265.15
General Inspection requirements
(a) The owner or operator must inspect his
			 facility for malfunctions and deterioration, operator errors, and discharges
			 which may be causing - or may lead to:
(1)
			 Release of hazardous waste constituents to the environment or
(2) a threat to human health. The owner or
			 operator must conduct these inspections often enough to identify problems in
			 time to correct them before they harm human health or the
			 environment.
(b)
(1) The owner or operator must develop and
			 follow a written schedule for inspecting all monitoring equipment, safety and
			 emergency equipment, security devices, and operating and structural equipment
			 (such as dikes and sump pumps) that are important to preventing, detecting, or
			 responding to environmental or human health hazards.
(2) He must keep this schedule at the
			 facility.
(3) The schedule must
			 identify the types of problems (e.g., malfunctions or deterioration) which are
			 to be looked for during the inspection (e.g., inoperative sump pump, leaking
			 fitting, eroding dike, etc.).
(4)
			 The frequency of inspection may vary for the items on the schedule. However,
			 the frequency should be based on the rate of deterioration of the equipment and
			 the probability of an environmental or human health incident if the
			 deterioration, malfunction, or operator error goes undetected between
			 inspections. Areas subject to spills, such as loading and unloading areas, must
			 be inspected daily when in use. At a minimum, the inspection schedule must
			 include the items and frequencies called for in Sections 265.174, 265.193,
			 265.195, 265.226, 265.260, 265.278, 265.304, 265.347, 265.377, 265.403,
			 265.1033, 265.1052, 265.1053, 265.1058, and 265.1084 through 265.1090, where
			 applicable.
(c) The owner
			 or operator must remedy any deterioration or malfunction of equipment or
			 structures which the inspection reveals on a schedule which ensures that the
			 problem does not lead to an environmental or human health hazard. Where a
			 hazard is imminent or has already occurred, remedial action must be taken
			 immediately.
(d) The owner or
			 operator must record inspections in an inspection log or summary. He must keep
			 these records for at least three years from the date of inspection. At a
			 minimum, these records must include the date and time of the inspection, the
			 name of the inspector, a notation of the observations made, and the date and
			 nature of any repairs or other remedial actions.
§ 265.16
Personnel training
(a)
(1)
			 Facility personnel must successfully complete a program of classroom
			 instruction or on-the-job training that teaches them to perform their duties in
			 a way that ensures the facility's compliance with the requirements of this
			 Section. The owner or operator must ensure that this program includes all the
			 elements described in the document required under paragraph (d)(3) of this
			 section.
(2) This program must be
			 directed by a person trained in hazardous waste management procedures, and must
			 include instruction which teaches facility personnel hazardous waste management
			 procedures (including contingency plan implementation) relevant to the
			 positions in which they are employed.
(3) At a minimum, the training program must
			 be designed to ensure that facility personnel are able to respond effectively
			 to emergencies by familiarizing them with emergency procedures, emergency
			 equipment, and emergency systems, including where applicable:
(i) Procedures for using, inspecting,
			 repairing, and replacing facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed
			 cut-off systems;
(iii)
			 Communications or alarm systems;
(iv) Response to fires or
			 explosions;
(v) Response to
			 ground-water contamination incidents; and
(vi) Shutdown of operations.
(4) For facility
			 employees that receive emergency response training pursuant to Occupational
			 Safety and Health Administration (OSHA) rules
			 29 CFR
			 1910.120(p)(8) and
			 1910.120(q),
			 the facility is not required to provide separate emergency response training
			 pursuant to this section, provided that the overall facility training meets all
			 the requirements of this section.
(b) Facility personnel must successfully
			 complete the program required in paragraph (a) of this section within six
			 months after the effective date of these rules or six months after the date of
			 their employment or assignment to a facility, or to a new position at a
			 facility, whichever is later. Employees hired after the effective date of these
			 rule must not work in unsupervised positions until they have completed the
			 training requirements of paragraph (a) of this section.
(c) Facility personnel must take part in an
			 annual review of the initial training required in paragraph (a) of this
			 section.
(d) The owner or operator
			 must maintain the following documents and records at the facility:
(1) The job title for each position at the
			 facility related to hazardous waste management, and the name of the employee
			 filling each job;
(2) A written job
			 description for each position listed under paragraph (d)(1) of this Section.
			 This description may be consistent in its degree of specificity with
			 descriptions for other similar positions in the same company location or
			 bargaining unit, but must include the requisite skill, education, or other
			 qualifications, and duties of facility personnel assigned to each
			 position;
(3) A written description
			 of the type and amount of both introductory and continuing training that will
			 be given to each person filling a position listed under paragraph (d)(1) of
			 this section;
(4) Records that
			 document that the training or job experience required under paragraphs (a),
			 (b), and (c) of this section has been given to, and completed by, facility
			 personnel.
(e) Training
			 records on current personnel must be kept until closure of the facility.
			 Training records on former employees must be kept for at least three years from
			 the date the employee last worked at the facility. Personnel training records
			 may accompany personnel transferred within the same company.
(f)
Certification of Hazardous Waste
			 Facility Operators. In addition to the requirements of §§ 265.15,
			 265.16, and 265.55, the following provisions shall be complied with:
(1)
No commercial hazardous waste
			 management facility shall be caused or permitted to operate unless at least one
			 person certified by the Department in accordance with the provisions of
			 subsection (2) below, is on duty, or on 15 minutes call, at all times the
			 facility is being operated. Depending upon the size and complexity of the
			 facility, the Department may require, as a condition of permit, one or more
			 certified operators to be on duty at all times the facility is in operation.
(2)
No person
			 shall be certified by the Department at being qualified to serve as an operator
			 of a commercial hazardous waste management facility unless the person is found
			 to have the following qualifications:
(i)
Is physically capable of
			 performing all tasks reasonably expected of supervisory personnel;
(ii)
Has a baccalaureate
			 degree in engineering, physical science, health sciences, or related
			 disciplines or four years of significant demonstrated experience in such
			 fields;
(iii)
Has at least four additional years experience in management, engineering, or in
			 conducting chemical/physical analysis;
(iv)
Has a working familiarity with
			 the principles and requirements relative to industrial hygiene, worker safety,
			 emergency procedures and environmental protection
as such principles and requirements relate to the
				nature of the hazardous waste managed at the facility in which said person is
				to have, or does have, supervisory responsibility and as such principles and
				requirements relate to the type storage, treatment and/or disposal in such
				facility;
(v)
Has a basic knowledge of the principles of operation and standard
			 operating procedures for all equipment used in the facility in which said
			 person is to have, or has, supervisory responsibility; and
(vi)
Is a citizen of the United
			 States, of good moral character with no prior conviction of a felony or a crime
			 of moral turpitude.
(3)
No employee of a hazardous waste
			 management facility shall be assigned the duties of transferring, handling,
			 sorting, mixing, treating or disposing of hazardous waste unless that employee
			 meets the requirements set out in § 264.16 (a), (b) and (c).
(4)
No employee of a
			 hazardous waste management facility shall be assigned the duties of
			 transferring, handling, sorting, mixing, treating or disposing of hazardous
			 waste unless that employee has demonstrated his/her capabilities of:
(i)
Reading and comprehending label
			 instructions, operational procedures, contingency plans and regulatory
			 directives;
(ii)
Understanding the basic nature of the materials which he/she is
			 assigned to transfer, handle, sort, mix, treat or dispose relative to the
			 material's reactivity, toxicity, explosiveness and flammability; and
(iii)
Operating all
			 equipment which he is assigned to operate, including personal safety and
			 emergency equipment.
(5)
The owner or operator of a
			 hazardous waste management facility must maintain the records required in
			 § 264.16(d).
(6)
Owners and/or operators of commercial hazardous waste management
			 facilities shall
:
(i)
Maintain complete updated records of all workers assigned to a specific job
			 including name, address, date of starting specific job and date of termination
			 of specific job;
(ii)
Maintain a complete previous employment history and a complete job
			 mobility history within the facility kept for each employee;
(iii)
Have their personnel
			 trained in contingency procedures as prescribed in the facility's contingency
			 plan, which plan has been submitted and approved pursuant to this Rule;
(iv)
Have their
			 personnel take part in a semiannual review and update of their initial training
			 in contingency procedures and other hazardous waste management procedures
			 relevant to those operations at which they are employed; and
(v)
Have each of their
			 personnel undergo an annual health physical and said personnel's spouses shall
			 be offered an annual health physical, the specifics of which are deemed
			 appropriate by the Department, including health histories, reproductive history
			 and health histories of all offspring, with records of each of these physicals
			 available to the Department upon request with the written consent of the
			 individual. Consent will be given on a waiver form approved by the Department
			 written in such a fashion as to allow dissemination of information to the
			 Department or to authorized representatives designated in writing by the
			 Department.
(7)
The owner or operator of a
			 hazardous waste management facility shall promptly modify the training required
			 of its employees whenever required to do so upon the direction of the
			 Department or whenever modification in training is required as a condition of
			 permit; provided, however, that preliminary training, approved by the
			 Department, will have been completed prior to commencement of operation of a
			 new hazardous waste management facility or prior to commencement of an
			 operation in an existing facility for which a permit has been issued or
			 modified.
§
			 265.17
General requirements for ignitable, reactive, or
			 incompatible wastes
(a) The owner or
			 operator must take precautions to prevent accidental ignition or reaction of
			 ignitable or reactive waste. This waste must be separated and protected from
			 sources of ignition or reaction including but not limited to: Open flames,
			 smoking, cutting and welding, hot surfaces, frictional heat, sparks (static,
			 electrical, or mechanical), spontaneous ignition (e.g., from heat-producing
			 chemical reactions), and radiant heat. While ignitable or reactive waste is
			 being handled, the owner or operator must confine smoking and open flame to
			 specially designated locations. "No Smoking" signs must be conspicuously placed
			 wherever there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other
			 sections of this Section, the treatment, storage, or disposal of ignitable or
			 reactive waste, and the mixture or commingling of incompatible wastes, or
			 incompatible wastes and materials, must be conducted so that it does not:
(1) Generate extreme heat or pressure, fire
			 or explosion, or violent reaction;
(2) Produce uncontrolled toxic mists, fumes,
			 dusts, or gases in sufficient quantities to threaten human health;
(3) Produce uncontrolled flammable fumes or
			 gases in sufficient quantities to pose a risk of fire or explosions;
(4) Damage the structural integrity of the
			 device or facility containing the waste; or
(5) Through other like means threaten human
			 health or the environment.
§ 265.18
Location standards
The placement of any hazardous waste in a salt dome, salt bed
				formation, underground mine or cave is prohibited.
§ 265.19
Construction quality
			 assurance program
(a) CQA program.
(1) A construction quality assurance (CQA)
			 program is required for all surface impoundment, waste pile, and landfill units
			 that are required to comply with §§ 265.221(a), 265.254, and
			 265.301(a). The program must ensure that the constructed unit meets or exceeds
			 all design criteria and specifications in the permit. The program must be
			 developed and implemented under the direction of a CQA officer who is an
Arkansas-registered professional engineer.
(2) The CQA program must address the
			 following physical components, where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane
			 liners);
(v) Leachate collection
			 and removal systems and leak detection systems; and
(vi) Final cover systems.
(b) Written
			 CQA plan. Before construction begins on a unit subject to the CQA program under
			 paragraph (a) of this section, the owner or operator must develop a written CQA
			 plan. The plan must identify steps that will be used to monitor and document
			 the quality of materials and the condition and manner of their installation.
			 The CQA plan must include:
(1) Identification
			 of applicable units, and a description of how they will be
			 constructed.
(2) Identification of
			 key personnel in the development and implementation of the CQA plan, and CQA
			 officer qualifications.
(3) A
			 description of inspection and sampling activities for all unit components
			 identified in paragraph (a)(2) of this section, including observations and
			 tests that will be used before, during, and after construction to ensure that
			 the construction materials and the installed unit components meet the design
			 specifications. The description must cover: Sampling size and locations;
			 frequency of testing; data evaluation procedures; acceptance and rejection
			 criteria for construction materials; plans for implementing corrective
			 measures; and data or other information to be recorded and retained in the
			 operating record under § 265.73.
(c) Contents of program.
(1) The CQA program must include
			 observations, inspections, tests, and measurements sufficient to ensure:
(i) Structural stability and integrity of all
			 components of the unit identified in paragraph (a)(2) of this
			 section;
(ii) Proper construction
			 of all components of the liners, leachate collection and removal system, leak
			 detection system, and final cover system, according to permit specifications
			 and good engineering practices, and proper installation of all components
			 (e.g., pipes) according to design specifications;
(iii) Conformity of all materials used with
			 design and other material specifications under §§ 264.221, 264.251,
			 and 264.301 of this rule.
(2) The CQA program shall include test fills
			 for compacted soil liners, using the same compaction methods as in the
			 full-scale unit, to ensure that the liners are constructed to meet the
			 hydraulic conductivity requirements of §§ 264.221(c)(1),
			 264.251(c)(1), and 264.301(c)(1) of this rule in the field. Compliance with the
			 hydraulic conductivity requirements must be verified by using in-situ testing
			 on the constructed test fill. The test fill requirement is waived where data
			 are sufficient to show that a constructed soil liner meets the hydraulic
			 conductivity requirements of §§ 264.221(c)(1), 264.251(c)(1), and
			 264.301(c)(1) of this rule in the field.
(d) Certification. The owner or operator of
			 units subject to § 265.19 must submit to the Director by certified mail or
			 hand delivery, at least 30 days prior to receiving waste, a certification
			 signed by the CQA officer that the CQA plan has been successfully carried out
			 and that the unit meets the requirements of §§ 265.221(a), 265.254,
			 or 265.301(a). The owner or operator may receive waste in the unit after 30
			 days from the Director's receipt of the CQA certification unless the Director
			 determines in writing that the construction is not acceptable, or extends the
			 review period for a maximum of 30 more days, or seeks additional information
			 from the owner or operator during this period. Documentation supporting the CQA
			 officer's certification must be furnished to the Director upon
			 request.
Subsection
			 C
-- Preparedness and Prevention
§ 265.30
Applicability
The rule in this Subsection apply to owners and operators of
				all hazardous waste facilities, except as § 265.1 provides
				otherwise.
§ 265.31
Maintenance and operation of facility
Facilities must be maintained and operated to minimize the
				possibility of a fire, explosion, or any unplanned sudden or non-sudden release
				of hazardous waste or hazardous waste constituents to air, soil, or surface
				water which could threaten human health or the environment.
§ 265.32
Required equipment
All facilities must be equipped with the following, unless none
				of the hazards posed by waste handled at the facility could require a
				particular kind of equipment specified below:
(a) An internal communications or alarm
			 system capable of providing immediate emergency instruction (voice or signal)
			 to facility personnel;
(b) A
			 device, such as a telephone (immediately available at the scene of operations)
			 or a handheld two-way radio, capable of summoning emergency assistance from
			 local police departments, fire departments, or State or local emergency
			 response teams;
(c) Portable fire
			 extinguishers, fire control equipment (including special extinguishing
			 equipment, such as that using foam, inert gas, or dry chemicals), spill control
			 equipment, and decontamination equipment; and
(d) Water at adequate volume and pressure to
			 supply water hose streams, or foam producing equipment, or automatic
			 sprinklers, or water spray systems.
§ 265.33
Testing and maintenance
			 of equipment
All facility communications or alarm systems, fire protection
				equipment, spill control equipment, and decontamination equipment, where
				required, must be tested and maintained as necessary to assure its proper
				operation in time of emergency.
§
			 265.34
Access to communications or alarm system
(a) Whenever hazardous waste is being poured,
			 mixed, spread, or otherwise handled, all personnel involved in the operation
			 must have immediate access to an internal alarm or emergency communication
			 device, either directly or through visual or voice contact with another
			 employee, unless such a device is not required under § 265.32.
(b) If there is ever just one employee on the
			 premises while the facility is operating, he must have immediate access to a
			 device, such as a telephone (immediately available at the scene of operation)
			 or a hand-held two-way radio, capable of summoning external emergency
			 assistance, unless such a device is not required under § 265.32.
§ 265.35
Required aisle space
The owner or operator must maintain aisle space to allow the
				unobstructed movement of personnel, fire protection equipment, spill control
				equipment, and decontamination equipment to any area of facility operation in
				an emergency, unless aisle space is not needed for any of these
				purposes.
§ 265.36
[Reserved]
§
			 265.37
Arrangements with local authorities
(a) The owner or operator must attempt to
			 make the following arrangements, as appropriate for the type of waste handled
			 at his facility and the potential need for the services of these organizations:
(1) Arrangements to familiarize police, fire
			 departments, and emergency response teams with the layout of the facility,
			 properties of hazardous waste handled at the facility and associated hazards,
			 places where facility personnel would normally be working, entrances to roads
			 inside the facility, and possible evacuation routes;
(2) Where more than one police and fire
			 department might respond to an emergency, agreements designating primary
			 emergency authority to a specific police and a specific fire department, and
			 agreements with any others to provide support to the primary emergency
			 authority;
(3) Agreements with
			 State emergency response teams, emergency response contractors, and equipment
			 suppliers; and
(4) Arrangements to
			 familiarize local hospitals with the properties of hazardous waste handled at
			 the facility and the types of injuries or illnesses which could result from
			 fires, explosions, or releases at the facility.
(b) Where State or local authorities decline
			 to enter into such arrangements, the owner or operator must document the
			 refusal in the operating record.
Subsection D
- Contingency Plan and
			 Emergency Procedures
§ 265.50
Applicability
The rules in this Subsection apply to owners and operators of
				all hazardous waste facilities, except as § 265.1 provides
				otherwise.
§ 265.51
Purpose and implementation of contingency plan
(a) Each owner or operator must have a
			 contingency plan for his facility. The contingency plan must be designed to
			 minimize hazards to human health or the environment from fires, explosions, or
			 any unplanned sudden or non-sudden release of hazardous waste or hazardous
			 waste constituents to air, soil, or surface water.
(b) The provisions of the plan must be
			 carried out immediately whenever there is a fire, explosion, or release of
			 hazardous waste or hazardous waste constituents which could threaten human
			 health or the environment.
§
			 265.52
Content of contingency plan
(a) The contingency plan must describe the
			 actions facility personnel must take to comply with §§ 265.51 and
			 265.56 in response to fires, explosions, or any unplanned sudden or non-sudden
			 release of hazardous waste or hazardous waste constituents to air, soil, or
			 surface water at the facility.
(b)
			 If the owner or operator has already prepared a Spill Prevention, Control, and
			 Countermeasures (SPCC) Plan in accordance with 40 CFR part 112, or some other
			 emergency or contingency plan, he need only amend that plan to incorporate
			 hazardous waste management provisions that are sufficient to comply with the
			 requirements of this Section. The owner or operator may develop one contingency
			 plan which meets all regulatory requirements. EPA and the Department recommend
			 that the plan be based on the National Response Team's Integrated Contingency
			 Plan Guidance (''One Plan''). When modifications are made to non-RCRA
			 provisions in an integrated contingency plan, the changes do not trigger the
			 need for a RCRA permit modification.
(c) The plan must describe arrangements
			 agreed to by local police departments, fire departments, hospitals,
			 contractors, and State and local emergency response teams to coordinate
			 emergency services, pursuant to § 265.37.
(d) The plan must list names, addresses, and
			 phone numbers (office and home) of all persons qualified to act as emergency
			 coordinator (see § 265.55), and this list must be kept up to date. Where
			 more than one person is listed, one must be named as primary emergency
			 coordinator and others must be listed in the order in which they will assume
			 responsibility as alternates.
(e)
			 The plan must include a list of all emergency equipment at the facility (such
			 as fire extinguishing systems, spill control equipment, communications and
			 alarm systems (internal and external), and decontamination equipment), where
			 this equipment is required. This list must be kept up to date. In addition, the
			 plan must include the location and a physical description of each item on the
			 list, and a brief outline of its capabilities.
(f) The plan must include an evacuation plan
			 for facility personnel where there is a possibility that evacuation could be
			 necessary. This plan must describe signal(s) to be used to begin evacuation,
			 evacuation routes, and alternate evacuation routes (in cases where the primary
			 routes could be blocked by releases of hazardous waste or fires).
§ 265.53
Copies of contingency plan
A copy of the contingency plan and all revisions to the plan
				must be:
(a) Maintained at the
			 facility; and
(b) Submitted to all
			 local police departments, fire departments, hospitals, and State and local
			 emergency response teams that may be called upon to provide emergency services.
§ 265.54
Amendment of contingency plan
The contingency plan must be reviewed, and immediately amended,
				if necessary, whenever:
(a) Applicable
			 rules are revised;
(b) The plan
			 fails in an emergency;
(c) The
			 facility changes - in its design, construction, operation, maintenance, or
			 other circumstances - in a way that materially increases the potential for
			 fires, explosions, or releases of hazardous waste or hazardous waste
			 constituents, or changes the response necessary in an emergency;
(d) The list of emergency coordinators
			 changes; or
(e) The list of
			 emergency equipment changes.
§
			 265.55
Emergency coordinator
At all times, there must be at least one employee either on the
				facility premises or on call (i.e., available to respond to an emergency by
				reaching the facility within a short period of time) with the responsibility
				for coordinating all emergency response measures. This emergency coordinator
				must be thoroughly familiar with all aspects of the facility's contingency
				plan, all operations and activities at the facility, the location and
				characteristics of waste handled, the location of all records within the
				facility, and the facility layout. In addition, this person must have the
				authority to commit the resources needed to carry out the contingency
				plan.
[Comment: The emergency coordinator's responsibilities are more
				fully spelled out in § 265.56. Applicable responsibilities for the
				emergency coordinator vary, depending on factors such as type and variety of
				waste(s) handled by the facility, and type and complexity of the
				facility.]
§ 265.56
Emergency procedures
(a) Whenever
			 there is an imminent or actual emergency situation, the emergency coordinator
			 (or his designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or
			 communication systems, where applicable, to notify all facility personnel;
			 and
(2) Notify appropriate State or
			 local agencies with designated response roles if their help is
			 needed.
(b) Whenever
			 there is a release, fire, or explosion, the emergency coordinator must
			 immediately identify the character, exact source, amount, and areal extent of
			 any released materials. He may do this by observation or review of facility
			 records or manifests and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator
			 must assess possible hazards to human health or the environment that may result
			 from the release, fire, or explosion. This assessment must consider both direct
			 and indirect effects of the release, fire, or explosion (e.g., the effects of
			 any toxic, irritating, or asphyxiating gases that are generated, or the effects
			 of any hazardous surface water run-offs from water or chemical agents used to
			 control fire and heat-induced explosions).
(d) If the emergency coordinator determines
			 that the facility has had a release, fire, or explosion which could threaten
			 human health, or the environment, outside the facility, he must report his
			 findings as follows:
(1) If his assessment
			 indicates that evacuation of local areas may be advisable, he must immediately
			 notify appropriate local authorities. He must be available to help appropriate
			 officials decide whether local areas should be evacuated; and
(2) He must immediately notify either the
			 government official designated as the on-scene coordinator for that
			 geographical area, or the National Response Center (using their 24-hour toll
			 free number 800/424-8802). The report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of
			 facility;
(iii) Time and type of
			 incident (e.g., release, fire);
(iv) Name and quantity of material(s)
			 involved, to the extent known;
(v)
			 The extent of injuries, if any; and
(vi) The possible hazards to human health, or
			 the environment, outside the facility.
(e) During an emergency, the emergency
			 coordinator must take all reasonable measures necessary to ensure that fires,
			 explosions, and releases do not occur, recur, or spread to other hazardous
			 waste at the facility. These measures must include, where applicable, stopping
			 processes and operations, collecting and containing released waste, and
			 removing or isolating containers.
(f) If the facility stops operations in
			 response to a fire, explosion or release, the emergency coordinator must
			 monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
			 pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the
			 emergency coordinator must provide for treating, storing, or disposing of
			 recovered waste, contaminated soil or surface water, or any other material that
			 results from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can demonstrate, in
				accordance with § 261.3(c) or (d) of this rule, that the recovered
				material is not a hazardous waste, the owner or operator becomes a generator of
				hazardous waste and must manage it in accordance with all applicable
				requirements of Sections 262, 263, and 265 of this rule.]
(h) The emergency coordinator must ensure
			 that, in the affected area(s) of the facility:
(1) No waste that may be incompatible with
			 the released material is treated, stored, or disposed of until cleanup
			 procedures are completed; and
(2)
			 All emergency equipment listed in the contingency plan is cleaned and fit for
			 its intended use before operations are resumed.
(i) The owner or operator must note in the
			 operating record the time, date, and details of any incident that requires
			 implementing the contingency plan. Within 15 days after the incident, he must
			 submit a written report on the incident to the Director. The report must
			 include:
(1) Name, address, and telephone
			 number of the owner or operator;
(2) Name, address, and telephone number of
			 the facility;
(3) Date, time, and
			 type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s)
			 involved;
(5) The extent of
			 injuries, if any;
(6) An assessment
			 of actual or potential hazards to human health or the environment, where this
			 is applicable; and
(7) Estimated
			 quantity and disposition of recovered material that resulted from the
			 incident.
Subsection E
- Manifest System,
			 Recordkeeping, and Reporting
§
			 265.70
Applicability
(a) The rules in this subsection apply to
			 owners and operators of both on-site and off-site facilities, except as §
			 265.1 provides otherwise. Sections 265.71, 265.72, and 265.76 do not apply to
			 owners and operators of on-site facilities that do not receive any hazardous
			 waste from off-site sources, nor to owners and operators of off-site facilities
			 with respect to waste military munitions exempted from manifest requirements
			 under § 266.203(a) of this rule.
(b) The revised Manifest form and procedures
			 in 40 CFR and Section 260.10, 261.7, 265.70, 265.71. 265.72, and 265.76 of this
			 Rule, shall not apply until September 5, 2006. The Manifest form and procedures
			 in 40 CFR 260.10,
			 261.7,
			 265.70,
			 265.71.
			 265.72, and 265.76, contained in the 40 CFR, parts 260 to 265, edition revised
			 as of July 1, 2004, shall be applicable until September 5, 2006.
§ 265.71
Use
			 of manifest system
(a)
(1) If a facility receives hazardous waste
			 accompanied by a manifest, the owner, operator or his/her agent must sign and
			 date the manifest as indicated in paragraph (a)(2) to certify that the
			 hazardous waste covered by the manifest was received, that the hazardous waste
			 was received except as noted in the discrepancy space of the manifest, or that
			 the hazardous waste was rejected as noted in the manifest discrepancy
			 space.
(2) If a facility receives a
			 hazardous waste shipment accompanied by a manifest, the owner, operator or
			 his/her agent must:
(i) Sign and date each
			 copy of the manifest;
(ii) Note any
			 discrepancies (as defined in § 264.72(a)) on each copy of the
			 manifest;
(iii) Immediately give
			 the transporter at least one copy of the manifest;
(iv) Within 30 days of delivery, send a copy
			 (Page 2) of the manifest to the generator; and
(v) Paper manifest submission requirements
			 are:
(A) Options for compliance on June 30,
			 2108. Beginning on June 30, 2018, send the top copy (Page 1) of any paper
			 manifest and any paper continuation sheet to the EPA's e-Manifest system for
			 purposes of data entry and processing, or in lieu of submitting the paper copy
			 to EPA, the owner or operator may transmit to the EPA system an image file of
			 Page 1 of the manifest and any continuation sheet, or both a data file and
			 image file corresponding to Page 1 of the manifest and any continuation sheet,
			 within 30 days of the date of delivery. Submissions of copies to the e-Manifest
			 system shall be made at the mailing address or electronic mail/submission
			 address specified at the e-Manifest program website's directory of services.
			 Beginning on June 30, 2021, EPA will not accept mailed paper manifests from
			 facilities for processing in e-Manifest.
(B)
Options for compliance on June
			 30, 2021.
Beginning on June 30, 2021, the requirement to submit the
			 top copy (Page 1) of the paper manifest and any paper continuation sheet to the
			 e-Manifest system for purposes of data entry and processing may be met by the
			 owner or operator only by transmitting to the EPA system an image file of Page
			 1 of the manifest and any continuation sheet, or by transmitting to the EPA
			 system both a data file and the image file corresponding to Page 1 of the
			 manifest and any continuation sheet, within 30 days of the date of delivery.
			 Submissions of copies to the e-Manifest system shall be made to the electronic
			 mail/submission address specified at the e-Manifest program website's directory
			 of services; and (vi) Retain at the facility a copy of each manifest for at
			 least three years from the date of delivery. (3) The owner or operator of a
			 facility that receives hazardous waste subject to section 262, subsection H
			 from a foreign source must:
(i) Additionally
			 list the relevant consent number from consent documentation supplied by EPA to
			 the facility for each waste listed on the manifest, matched to the relevant
			 list number for the waste from block 9b. If additional space is needed, the
			 owner or operator should use a Continuation Sheet(s) (EPA Form 8700-22A);
			 and
(ii) Send a copy of the
			 manifest to EPA using the addresses listed in § 262.82(e) within thirty
			 (30) days of delivery until the facility can submit such a copy to the
			 e-Manifest system per paragraph (a)(2)(v) of this section.
(b)
			 If a facility receives, from a rail or water (bulk shipment) transporter,
			 hazardous waste which is accompanied by a shipping paper containing all the
			 information required on the manifest (excluding the EPA identification numbers,
			 generator's certification, and signatures), the owner or operator, or his
			 agent, must:
(1) Sign and date each copy of
			 the manifest or shipping paper (if the manifest has not been received) to
			 certify that the hazardous waste covered by the manifest or shipping paper was
			 received;
(2) Note any significant
			 discrepancies (as defined in § 265.72(a)) in the manifest or shipping
			 paper (if the manifest has not been received) on each copy of the manifest or
			 shipping paper;
[Comment: The Department does not intend that the owner or
				operator of a facility whose procedures under § 265.13(c) include waste
				analysis must perform that analysis before signing the shipping paper and
				giving it to the transporter. Section 265.72(b), however, requires reporting an
				unreconciled discrepancy discovered during later analysis.]
(3) Immediately give the rail or water (bulk
			 shipment) transporter at least one copy of the manifest or shipping paper (if
			 the manifest has not been received);
(4) Within 30 days after the delivery, send a
			 copy of the signed and dated manifest to the generator; or a signed and dated
			 copy of the shipping paper (if the manifest has not been received within 30
			 days after delivery) to the generator; and
[Comment: Section 262.23(c) of this rule requires the generator
				to send three copies of the manifest to the facility when hazardous waste is
				sent by rail or water (bulk shipment).]
(5) Retain at the facility a copy of the
			 manifest and shipping paper (if signed in lieu of the manifest at the time of
			 delivery) for at least three years from the date of
			 delivery.
(c) Whenever a
			 shipment of hazardous waste is initiated from a facility, the owner or operator
			 of that facility must comply with the requirements of Section 262 of this rule.
			 The provisions of §§ 262.15, 262.16, and 262.17 of this rule are
			 applicable to the on-site accumulation of hazardous wastes by generators.
			 Therefore, the provisions of §§ 262.15, 262.16, and 262.17 only apply
			 to owners or operators who are shipping hazardous waste which they generated at
			 that facility or operating as a large quantity generator consolidating
			 hazardous waste from very small quantity generators under §
			 262.17(f).
(d) As per §
			 262.84(d)(2)(xv), within three (3) working days of the receipt of a shipment
			 subject to section 262, subsection H, the owner or operator of a facility must
			 provide a copy of the movement document bearing all required signatures to the
			 foreign exporter; to the competent authorities of the countries of export and
			 transit that control the shipment as an export and transit shipment of
			 hazardous waste respectively; and on or after the electronic import-export
			 reporting compliance date, to EPA electronically using EPA's Waste Import
			 Export Tracking System (WIETS), or its successor system. The original copy of
			 the movement document must be maintained at the facility for at least three (3)
			 years from the date of signature. The owner or operator of a facility may
			 satisfy this recordkeeping requirement by retaining electronically submitted
			 documents in the facility's account on EPA's Waste Import Export Tracking
			 System (WIETS), or its successor system, provided that copies are readily
			 available for viewing and production if requested by any EPA or authorized
			 state inspector. No owner or operator of a facility may be held liable for the
			 inability to produce the documents for inspection under this section if the
			 owner or operator of a facility can demonstrate that the inability to produce
			 the document is due exclusively to technical difficulty with EPA's Waste Import
			 Export Tracking System (WIETS), or its successor system, for which the owner or
			 operator of a facility bears no responsibility.
(e)
Treatment, storage, and disposal
			 facilities shall notify this Department and the Arkansas Highway Police of any
			 unpermitted transporters arriving at their gates or attempting to deliver
			 hazardous waste to their facility.
(f) A facility must determine whether the
			 consignment state for a shipment regulates any additional wastes (beyond those
			 regulated Federally) as hazardous wastes under its state hazardous waste
			 program. Facilities must also determine whether the consignment state or
			 generator state requires the facility to submit any copies of the manifest to
			 these states.
(g) Legal equivalence
			 to paper manifests. Electronic manifests that are obtained, completed, and
			 transmitted in accordance with § 262.20(a)(3), and used in accordance with
			 this section in lieu of the paper manifest form are the legal equivalent of
			 paper manifest forms bearing handwritten signatures, and satisfy for all
			 purposes any requirement in these rules to obtain, complete, sign, provide,
			 use, or retain a manifest.
(1) Any requirement
			 in these rules for the owner or operator of a facility to sign a manifest or
			 manifest certification by hand, or to obtain a handwritten signature, is
			 satisfied by signing with or obtaining a valid and enforceable electronic
			 signature within the meaning of §262.25(a).
(2) Any requirement in these rules to give,
			 provide, send, forward, or to return to another person a copy of the manifest
			 is satisfied when a copy of an electronic manifest is transmitted to the other
			 person.
(3) Any requirement in
			 these rules for a manifest to accompany a hazardous waste shipment is satisfied
			 when a copy of an electronic manifest is accessible during transportation and
			 forwarded to the person or persons who are scheduled to receive delivery of the
			 waste shipment.
(4) Any requirement
			 in these rules for an owner or operator to keep or retain a copy of each
			 manifest is satisfied by the retention of the facility's electronic manifest
			 copies in its account on the e-Manifest system, provided that such copies are
			 readily available for viewing and production if requested by any EPA or
			 authorized state inspector.
(5) No
			 owner or operator may be held liable for the inability to produce an electronic
			 manifest for inspection under this section if the owner or operator can
			 demonstrate that the inability to produce the electronic manifest is due
			 exclusively to a technical difficulty with the electronic manifest system for
			 which the owner or operator bears no responsibility.
(h) An owner or operator may participate in
			 the electronic manifest system either by accessing the electronic manifest
			 system from the owner's or operator's electronic equipment, or by accessing the
			 electronic manifest system from portable equipment brought to the owner's or
			 operator's site by the transporter who delivers the waste shipment to the
			 facility.
(i) Special procedures
			 applicable to replacement manifests. If a facility receives hazardous waste
			 that is accompanied by a paper replacement manifest for a manifest that was
			 originated electronically, the following procedures apply to the delivery of
			 the hazardous waste by the final transporter:
(1) Upon delivery of the hazardous waste to
			 the designated facility, the owner or operator must sign and date each copy of
			 the paper replacement manifest by hand in Item 20 (Designated Facility
			 Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy
			 Indication Space) of the paper replacement manifest,
(2) The owner or operator of the facility
			 must give back to the final transporter one copy of the paper replacement
			 manifest,
(3) Within 30 days of
			 delivery of the waste to the designated facility, the owner or operator of the
			 facility must send one signed and dated copy of the paper replacement manifest
			 to the generator, and send an additional signed and dated copy of the paper
			 replacement manifest to the electronic manifest system, and
(4) The owner or operator of the facility
			 must retain at the facility one copy of the paper replacement manifest for at
			 least three years from the date of delivery.
(j) Special procedures applicable to
			 electronic signature methods undergoing tests. If an owner or operator using an
			 electronic manifest signs this manifest electronically using an electronic
			 signature method which is undergoing pilot or demonstration tests aimed at
			 demonstrating the practicality or legal dependability of the signature method,
			 then the owner or operator shall also sign with an ink signature the facility's
			 certification of receipt or discrepancies on the printed copy of the manifest
			 provided by the transporter. Upon executing its ink signature on this printed
			 copy, the owner or operator shall retain this original copy among its records
			 for at least 3 years from the date of delivery of the waste.
(k) Imposition of user fee for electronic
			 manifest use.
(1) As prescribed in §
			 265.1311, and determined in § 265.1312, an owner or operator who is a user
			 of the electronic manifest system shall be assessed a user fee by EPA for the
			 submission and processing of each electronic and paper manifest. EPA shall
			 update the schedule of user fees and publish them to the user community, as
			 provided in § 265.1313.
(2) An
			 owner or operator subject to user fees under this section shall make user fee
			 payments in accordance with the requirements of § 265.1314, subject to the
			 informal fee dispute resolution process of § 265.1316, and subject to the
			 sanctions for delinquent payments under § 265.1315.
(l) Electronic Manifest Signatures.
			 Electronic manifest signatures shall meet the criteria described in §
			 262.25(a).
(m) Post-receipt
			 manifest data corrections. After facilities have certified to the receipt of
			 hazardous wastes by signing Item 20 of the manifest, any post-receipt data
			 corrections may be submitted at any time by any interested person (e.g., waste
			 handler) shown on the manifest.
(1)
			 Interested persons must make all corrections to manifest data by electronic
			 submission, either by directly entering corrected data to the web based service
			 provided in e-Manifest for such corrections, or by an upload of a data file
			 containing data corrections relating to one or more previously submitted
			 manifests.
(2) Each correction
			 submission must include the following information:
(i) The Manifest Tracking Number and date of
			 receipt by the facility of the original manifest(s) for which data are being
			 corrected;
(ii) The item number(s)
			 of the original manifest that is the subject of the submitted correction(s);
			 and
(iii) For each item number with
			 corrected data, the data previously entered and the corresponding data as
			 corrected by the correction submission.
(3) Each correction submission shall include
			 a statement that the person submitting the corrections certifies that to the
			 best of his or her knowledge or belief, the corrections that are included in
			 the submission will cause the information reported about the previously
			 received hazardous wastes to be true, accurate, and complete:
(i) The certification statement must be
			 executed with a valid electronic signature; and
(ii) A batch upload of data corrections may
			 be submitted under one certification statement.
(4) Upon receipt by the system of any
			 correction submission, other interested persons shown on the manifest will be
			 provided electronic notice of the submitter's corrections.
(5) Other interested persons shown on the
			 manifest may respond to the submitter's corrections with comments to the
			 submitter, or by submitting another correction to the system, certified by the
			 respondent as specified in paragraph (m)(3) of this section, and with notice of
			 the corrections to other interested persons shown on the
			 manifest.
§
			 265.72
Manifest discrepancies
(a) Manifest discrepancies are:
(1) Significant differences (as defined by
			 paragraph (b) of this section) between the quantity or type of hazardous waste
			 designated on the manifest or shipping paper, and the quantity and type of
			 hazardous waste a facility actually receives;
(2) Rejected wastes, which may be a full or
			 partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues
			 that exceed the quantity limits for "empty" containers set forth in Section
			 261.7(b) of this Rule.
(b) Significant differences in quantity are:
			 For bulk waste, variations greater than 10 percent in weight; for batch waste,
			 any variation in piece count, such as a discrepancy of one drum in a truckload.
			 Significant differences in type are obvious differences which can be discovered
			 by inspection or waste analysis, such as waste solvent substituted for waste
			 acid, or toxic constituents not reported on the manifest or shipping
			 paper.
(c) Upon discovering a
			 significant discrepancy, the owner or operator must attempt to reconcile the
			 discrepancy with the waste generator or transporter (e.g., with telephone
			 conversations). If the discrepancy is not resolved within 15 days after
			 receiving the waste, the owner or operator must immediately submit to the
			 Director a letter describing the discrepancy and attempts to reconcile it, and
			 a copy of the manifest or shipping paper at issue.
(d)
(1)
			 Upon rejecting waste or identifying a container residue that exceeds the
			 quantity limits for "empty" containers set forth in Section 261.7(b) of this
			 Rule, the facility must consult with generator prior to forwarding the waste to
			 another facility that can manage the waste. If it is impossible to locate an
			 alternative facility that can receive the waste, the facility may return the
			 rejected waste or residue to the generator. The facility must send the waste to
			 the alternative facility or to the generator within 60 days of the rejection or
			 the container residue identification.
(2) While the facility is making arrangements
			 for forwarding rejected wastes or residues to another facility under this
			 section, it must ensure that either the delivering transporter retains custody
			 of the waste, or the facility must provide for secure, temporary custody of the
			 waste, pending delivery of the waste to the first transporter designated on the
			 manifest prepared under paragraph (e) or (f) of this
			 section.
(e) Except as
			 provided in paragraph (e)(7) of this section, for full or partial load
			 rejections and residues that are to be sent off-site to an alternate facility,
			 the facility is required to prepare a new manifest in accordance with §
			 262.20(a) of this Rule and the following instructions:
(1) Write the generator's U.S. EPA ID number
			 in Item 1 of the new manifest. Write the generator's name and mailing address
			 in Item 5 of the new manifest. If the mailing address is different from the
			 generator's site address, then write the generator's site address in the
			 designated space in Item 5.
(2)
			 Write the name of the alternate designated facility and the facility's U.S. EPA
			 ID number in the designated facility block (Item 8) of the new
			 manifest.
(3) Copy the manifest
			 tracking number found in Item 4 of the old manifest to the Special Handling and
			 Additional Information Block of the new manifest, and indicate that the
			 shipment is a residue or rejected waste from the previous shipment,
(4) Copy the manifest tracking number found
			 in Item 4 of the new manifest to the manifest reference number line in the
			 Discrepancy Block of the old manifest (Item 18a).
(5) Write the DOT description for the
			 rejected load or the residue in Item 9 (U.S. DOT Description) of the new
			 manifest and write the container types, quantity, and volume(s) of
			 waste.
(6) Sign the
			 Generator's/Offeror's Certification to certify, as the offeror of the shipment,
			 that the waste has been properly packaged, marked and labeled and is in proper
			 condition for transportation, and mail a signed copy of the manifest to the
			 generator identified in Item 5 of the new manifest.
(7) For full load rejections that are made
			 while the transporter remains present at the facility, the facility may forward
			 the rejected shipment to the alternate facility by completing Item 18b of the
			 original manifest and supplying the information on the next destination
			 facility in the Alternate Facility space. The facility must retain a copy of
			 this manifest for its records, and then give the remaining copies of the
			 manifest to the transporter to accompany the shipment. If the original manifest
			 is not used, then the facility must use a new manifest and comply with
			 paragraphs (e)(1), (2), (3), (4), (5), and (6) of this
			 Section.
(f) Except as
			 provided in paragraph (f)(7) of this section, for rejected wastes and residues
			 that must be sent back to the generator, the facility is required to prepare a
			 new manifest in accordance with § 262.20(a) of this Rule and the following
			 instructions:
(1) Write the facility's U.S.
			 EPA ID number in Item 1 of the new manifest. Write the facility's name and
			 mailing address in Item 5 of the new manifest. If the mailing address is
			 different from the facility's site address, then write the facility's site
			 address in the designated space for Item 5 of the new manifest.
(2) Write the name of the initial generator
			 and the generator's U.S. EPA ID number in the designated facility block (Item
			 8) of the new manifest.
(3) Copy
			 the manifest tracking number found in Item 4 of the old manifest to the Special
			 Handling and Additional Information Block of the new manifest, and indicate
			 that the shipment is a residue or rejected waste from the previous
			 shipment,
(4) Copy the manifest
			 tracking number found in Item 4 of the new manifest to the manifest reference
			 number line in the Discrepancy Block of the old manifest (Item 18a),
(5) Write the DOT description for the
			 rejected load or the residue in Item 9 (U.S. DOT Description) of the new
			 manifest and write the container types, quantity, and volume(s) of
			 waste.
(6) Sign the
			 Generator's/Offeror's Certification to certify, as offeror of the shipment,
			 that the waste has been properly packaged, marked and labeled and is in proper
			 condition for transportation,
(7)
			 For full load rejections that are made while the transporter remains at the
			 facility, the facility may return the shipment to the generator with the
			 original manifest by completing Item 18b of the manifest and supplying the
			 generator's information in the Alternate Facility space. The facility must
			 retain a copy for its records and then give the remaining copies of the
			 manifest to the transporter to accompany the shipment. If the original manifest
			 is not used, then the facility must use a new manifest and comply with
			 paragraphs (f)(1), (2), (3), (4), (5), and (6) of this Section.
(8) For full or partial load rejections and
			 container residues contained in non-empty containers that are returned to the
			 generator, the facility must also comply with the exception reporting
			 requirements in § 262.42(a).
(g) If a facility rejects a waste or
			 identifies a container residue that exceeds the quantity limits for "empty"
			 containers set forth in Section 261.7(b) of this Rule after it has signed,
			 dated, and returned a copy of the manifest to the delivering transporter or to
			 the generator, the facility must amend its copy of the manifest to indicate the
			 rejected wastes or residues in the discrepancy space of the amended manifest.
			 The facility must also copy the manifest tracking number from Item 4 of the new
			 manifest to the discrepancy space of the amended manifest, and must re-sign and
			 date the manifest to certify to the information as amended. The facility must
			 retain the amended manifest for at least three years from the date of
			 amendment, and must within 30 days, send a copy of the amended manifest to the
			 transporter and generator that received copies prior to their being amended.
§ 265.73
Operating record
(a) The owner or
			 operator must keep a written operating record at his facility.
(b) The following information must be
			 recorded, as it becomes available, and maintained in the operating record for
			 three years unless noted below:
(1) A
			 description and the quantity of each hazardous waste received, and the
			 method(s) and date(s) of its treatment, storage, or disposal at the facility as
			 required by appendix I to this Section. This information must be maintained in
			 the operating record until closure of the facility;
(2) The location of each hazardous waste
			 within the facility and the quantity at each location. For disposal facilities,
			 the location and quantity of each hazardous waste must be recorded on a map or
			 diagram of each cell or disposal area. For all facilities, this information
			 must include cross-references to specific manifest document numbers, if the
			 waste was accompanied by a manifest. This information must be maintained in the
			 operating record until closure of the facility;
[Comment: See §§ 265.119, 265.279, and 265.309 for
				related requirements.]
(3)
			 Records and results of waste analyses and trial tests performed as specified in
			 §§ 265.13, 265.200, 265.225, 265.252, 265.273, 265.314, 265.341,
			 265.375, 265.402, 265.1034, 265. 1063, 265.1084, 268.4(a), and 268.7 of this
			 rule;
(4) Summary reports and
			 details of all incidents that require implementing the contingency plan as
			 specified in § 265.56(j);
(5)
			 Records and results of inspections as required by § 265.15(d) (except
			 these data need be kept only three years);
[Comment: As required by § 265.94, monitoring data at
				disposal facilities must be kept throughout the post-closure period.]
(6) Monitoring, testing, or
			 analytical data, and corrective action where required by Subsection F and
			 §§ 265.19, 265.94, 265.191, 265.193, 265.195, 265.224, 265.226,
			 265.255, 265.260, 265.276, 265.278, 265.280(d)(1), 265.302-265.304, 265.347,
			 265.377, 265.1034(c)-265.1034(f), 265.1035, 265.1063(d)-265.1063(i), 265.1064,
			 and 265.1083 through 265.1090. Maintain in the operating record for three (3)
			 years, except for records and results pertaining to groundwater monitoring and
			 cleanup, and response action plans for surface impoundments, waste piles, and
			 landfills, which must be maintained in the operating record until closure of
			 the facility.
(7) All closure cost
			 estimates under § 265.142 and, for disposal facilities, all post-closure
			 cost estimates under § 265.144 must be maintained in the operating record
			 until closure of the facility..
(8)
			 Records of the quantities (and date of placement) for each shipment of
			 hazardous waste placed in land disposal units under an extension to the
			 effective date of any land disposal restriction granted pursuant to §
			 268.5 of this rule, monitoring data required pursuant to a petition under
			 § 268.6 of this rule, or a certification under § 268.8 of this rule,
			 and the applicable notice required by a generator under § 268.7(a) of this
			 rule. All of this information must be maintained inthe operating record until
			 closure of the facility.
(9) For an
			 off-site treatment facility, a copy of the notice, and the certification and
			 demonstration if applicable, required by the generator or the owner or operator
			 under § 268.7 or § 268.8;
(10) For an on-site treatment facility, the
			 information contained in the notice (except the manifest number), and the
			 certification and demonstration if applicable, required by the generator or the
			 owner or operator under § 268.7 or § 268.8;
(11) For an off-site land disposal facility,
			 a copy of the notice, and the certification and demonstration if applicable,
			 required by the generator or the owner or operator of a treatment facility
			 under § 268.7 or § 268.8;
(12) For an on-site land disposal facility,
			 the information contained in the notice (except the manifest number), and the
			 certification and demonstration if applicable, required by the generator or the
			 owner or operator of a treatment facility under § 268.7 or §
			 268.8.
(13) For an off-site storage
			 facility, a copy of the notice, and the certification and demonstration if
			 applicable, required by the generator or the owner or operator under §
			 268.7 or § 268.8; and
(14) For
			 an on-site storage facility, the information contained in the notice (except
			 the manifest number), and the certification and demonstration if applicable,
			 required by the generator or the owner or operator of a treatment facility
			 under § 268.7 or § 268.8.
(15) Monitoring, testing or analytical data,
			 and corrective action where required by §§ 265.90, 265.93(d)(2), and
			 265.93(d)(5), and the certification as required by § 265.196(f) must be
			 maintained in the operating record until closure of the
			 facility.
§
			 265.74
Availability, retention, and disposition of
			 records
(a) All records, including
			 plans, required under this Section must be furnished upon request, and made
			 available at all reasonable times for inspection, by any officer, employee, or
			 representative of DEQ who is duly designated by the Director.
(b) The retention period for all records
			 required under this Section is extended automatically during the course of any
			 unresolved enforcement action regarding the facility or as requested by the
			 Director.
(c) A copy of records of
			 waste disposal locations and quantities under § 265.73(b)(2) must be
			 submitted to the Director and local land authority upon closure of the facility
			 (see § 265.119).
§
			 265.75
Annual Report
The owner or operator of a treatment, storage or
				disposal facility must prepare and submit a single copy of an Annual Report to
				the Director not later than March 1, of each year. The Annual Report must be
				submitted on forms or in an electronic format furnished or approved by the
				Division and in accordance with the annual instruction booklet provided by the
				Division. The report must cover facility activities during the previous
				calendar year and must include, at a minimum, the following information:
(a)
The EPA
			 identification number, name and address of the facility;
(b)
The calendar year covered by the
			 report;
(c)
For
			 offsite facilities, the EPA identification number of each hazardous waste
			 generator from which the facility received a hazardous waste during the year;
(d)
For imported
			 shipments, the report must give the name and address of the foreign generator;
(e)
A
			 description and the quantity of each hazardous waste the facility received
			 during the year. For offsite facilities, this information must be listed by EPA
			 identification number of each generator.
(f)
The method of treatment, storage,
			 or disposal for each hazardous waste;
(g)
The most recent closure cost
			 estimate under § 265.142, and, for disposal facilities, the most recent
			 post-closure cost estimate under § 265.144; and
(h)
For generators who treat, store,
			 or dispose of hazardous waste on-site, a description of the efforts undertaken
			 during the year to reduce the volume and toxicity of waste generated.
(i)
For generators who
			 treat, store, or dispose of hazardous waste on-site, a description of the
			 changes in volume and toxicity of waste actually achieved during the year in
			 comparison to previous years to the extent such information is available for
			 the years prior to 1984.
(j)
A signed certification by the
			 owner or operator of the facility or his authorized representative that the
			 report is true, accurate, and correct.
(k)
The owner or operator of a land
			 disposal facility must, in addition to the requirements above, submit
			 monitoring data under § 265.94(a)(2) (ii) and (iii), and (b)(2).
(l)
Commercial hazardous
			 waste management facilities shall submit their Annual Report in an electronic
			 format as prescribed in the annual reporting instructions, or as otherwise
			 coordinated with the Division.
§ 265.76
Unmanifested waste
			 report
(a) If a facility accepts for
			 treatment, storage, or disposal any hazardous waste from an off-site source
			 without an accompanying manifest, or without an accompanying shipping paper as
			 described in § 263.20(e)(2) of this rule, and if the waste is not excluded
			 from the manifest requirement by § 261.5 of this rule, then the owner or
			 operator must prepare and submit a single copy of a report to the Director
			 within fifteen (15) days after receiving the waste. The unmanifested waste
			 report must contain the following information:
(1) The EPA identification number, name, and
			 address of the facility;
(2) The
			 date the facility received the waste;
(3) The EPA identification number, name, and
			 address of the generator and the transporter, if available;
(4) A description and the quantity of each
			 unmanifested hazardous waste the facility received;
(5) The method of treatment, storage, or
			 disposal for each hazardous waste;
(6) The certification signed by the owner or
			 operator of the facility or his authorized representative; and
(7) A brief explanation of why the waste was
			 unmanifested, if known.
[Comment: Where a facility receives unmanifested hazardous
				wastes, the Division suggests that the owner or operator obtain from each
				generator a certification that the waste qualifies for exclusion. Otherwise,
				the Division suggests that the owner or operator file an unmanifested waste
				report for the hazardous waste movement.]
(b) [Reserved.]
§ 265.77
Additional reports
In addition to submitting the annual report and unmanifested
				waste reports described in §§ 265.75 and 265.76, the owner or
				operator must also report to the Director:
(a) Releases, fires, and explosions as
			 specified in § 265.56(j);
(b)
			 Ground-water contamination and monitoring data as specified in §§
			 265.93 and 265.94; and
(c) Facility
			 closure as specified in § 265.115.
(d) As otherwise required by Subsections AA,
			 BB, and CC of this Section.
Subsection F
-- Groundwater
			 Monitoring
§ 265.90
Applicability
(a) Within one year after
			 the effective date of these rule, the owner or operator of a surface
			 impound-ment, landfill, or land treatment facility which is used to manage
			 hazardous waste must implement a ground-water monitoring program capable of
			 determining the facility's impact on the quality of ground water in the
			 uppermost aquifer underlying the facility, except as § 265.1 and paragraph
			 (c) of this section provide otherwise.
(b) Except as paragraphs (c) and (d) of this
			 section provide otherwise, the owner or operator must install, operate, and
			 maintain a ground-water monitoring system which meets the requirements of
			 § 265.91, and must comply with §§ 265.92 through 265.94. This
			 ground-water monitoring program must be carried out during the active life of
			 the facility, and for disposal facilities, during the post-closure care period
			 as well.
(c) All or part of the
			 groundwater monitoring requirements of this Subsection may be waived if the
			 owner or operator can demonstrate that there is a low potential for migration
			 of hazardous waste or hazardous waste constituents from the facility via the
			 uppermost aquifer to water supply wells (domestic, industrial, or agricultural)
			 or to surface water. This demonstration must be in writing, and must be kept at
			 the facility. This demonstration must be certified by a qualified geologist or
			 geotechnical engineer and must establish the following:
(1) The potential for migration of hazardous
			 waste or hazardous waste constituents from the facility to the uppermost
			 aquifer, by an evaluation of:
(i) A water
			 balance of precipitation, evapotranspiration, runoff, and infiltration; and
(ii) Unsaturated zone
			 characteristics (i.e., geologic materials, physical properties, and depth to
			 ground water); and
(2)
			 The potential for hazardous waste or hazardous waste constituents which enter
			 the uppermost aquifer to migrate to a water supply well or surface water, by an
			 evaluation of:
(i) Saturated zone
			 characteristics (i.e., geologic materials, physical properties, and rate of
			 groundwater flow); and
(ii) The
			 proximity of the facility to water supply wells or surface water.
(d) If an owner or
			 operator assumes (or knows) that ground-water monitoring of indicator
			 parameters in accordance with §§ 265.91 and 265.92 would show
			 statistically significant increases (or decreases in the case of pH) when
			 evaluated under § 265.93(b), he may install, operate, and maintain an
			 alternate groundwater monitoring system (other than the one described in
			 §§ 265.91 and 265.92). If the owner or operator decides to use an
			 alternate ground-water monitoring system he must:
(1) Within one year after the effective date
			 of these rule, develop a specific plan, certified by a qualified geologist or
			 geotechnical engineer, which satisfies the requirements of § 265.93(d)(3),
			 for an alternate groundwater monitoring system. This plan is to be placed in
			 the facility's operating records and maintained until closure of the
			 facility.
(2) Not later than one
			 year after the effective date of these rule, initiate the determinations
			 specified in § 265.93(d)(4);
(3) Prepare report in accordance with §
			 265.93(d)(5) and place it in the facility's operating record and maintain it
			 until closure of the facility.
(4)
			 Continue to make the determinations specified in § 265.93(d)(4) on a
			 quarterly basis until final closure of the facility; and
(5) Comply with the recordkeeping and
			 reporting requirements in § 265.94(b).
(e) The groundwater monitoring requirements
			 of this Subsection may be waived with respect to any surface impoundment that
(1) Is used to neutralize wastes which are
			 hazardous solely because they exhibit the corrosivity characteristic under
			 § 261.22 of this rule or are listed as hazardous wastes in Subsection D of
			 Section 261 of this rule only for this reason, and
(2) contains no other hazardous wastes, if
			 the owner or operator can demonstrate that there is no potential for migration
			 of hazardous wastes from the impoundment. The demonstration must establish,
			 based upon consideration of the characteristics of the wastes and the
			 impoundment, that the corrosive wastes will be neutralized to the extent that
			 they no longer meet the corrosivity characteristic before they can migrate out
			 of the impoundment. The demonstration must be in writing and must be certified
			 by a qualified professional.
(f) The Director may replace all or part of
			 the requirements of this subpart applying to a regulated unit (as defined in
			 § 264.90), with alternative requirements developed for groundwater
			 monitoring set out in an approved closure or post-closure plan or in an
			 enforceable document (as defined in § 270.1(c)(7)), where the Director
			 determines that:
(1) A regulated unit is
			 situated among solid waste management units (or areas of concern), a release
			 has occurred, and both the regulated unit and one or more solid waste
			 management unit(s) (or areas of concern) are likely to have contributed to the
			 release; and
(2) It is not
			 necessary to apply the requirements of this subpart because the alternative
			 requirements will protect human health and the environment. The alternative
			 standards for the regulated unit must meet the requirements of §
			 264.101(a).
§
			 265.91
Ground-water monitoring system
(a) A ground-water monitoring system must be
			 capable of yielding ground-water samples for analysis and must consist of:
(1) Monitoring wells (at least one) installed
			 hydraulically upgradient (i.e., in the direction of increasing static head)
			 from the limit of the waste management area. Their number, locations, and
			 depths must be sufficient to yield ground-water samples that are:
(i) Representative of background ground-water
			 quality in the uppermost aquifer near the facility; and
(ii) Not affected by the facility;
			 and
(2) Monitoring wells
			 (at least three) installed hydraulically downgradient (i.e., in the direction
			 of decreasing static head) at the limit of the waste management area. Their
			 number, locations, and depths must ensure that they immediately detect any
			 statistically significant amounts of hazardous waste or hazardous waste
			 constituents that migrate from the waste management area to the uppermost
			 aquifer.
(3) The facility owner or
			 operator may demonstrate that an alternate hydraulically downgradient
			 monitoring well location will meet the criteria outlined below. The
			 demonstration must be in writing and kept at the facility. The demonstration
			 must be certified by a qualified ground-water scientist and establish that:
(i) An existing physical obstacle prevents
			 monitoring well installation at the hydraulically downgradient limit of the
			 waste management area; and
(ii) The
			 selected alternate downgradient location is as close to the limit of the waste
			 management area as practical; and
(iii) The location ensures detection that,
			 given the alternate location, is as early as possible of any statistically
			 significant amounts of hazardous waste or hazardous waste constituents that
			 migrate from the waste management area to the uppermost aquifer.
(iv) Lateral expansion, new, or replacement
			 units are not eligible for an alternate downgradient location under this
			 paragraph.
(b)
			 Separate monitoring systems for each waste management component of a facility
			 are not required provided that provisions for sampling upgradient and
			 downgradient water quality will detect any discharge from the waste management
			 area.
(1) In the case of a facility
			 consisting of only one surface impoundment, landfill, or land treatment area,
			 the waste management area is described by the waste boundary
			 (perimeter).
(2) In the case of a
			 facility consisting of more than one surface impoundment, landfill, or land
			 treatment area, the waste management area is described by an imaginary boundary
			 line which circumscribes the several waste management
			 components.
(c) All
			 monitoring wells must be cased in a manner that maintains the integrity of the
			 monitoring well bore hole. This casing must be screened or perforated, and
			 packed with gravel or sand where necessary, to enable sample collection at
			 depths where appropriate aquifer flow zones exist. The annular space (i.e., the
			 space between the bore hole and well casing) above the sampling depth must be
			 sealed with a suitable material (e.g., cement grout or bentonite slurry) to
			 prevent contamination of samples and the ground water.
§ 265.92
Sampling and
			 analysis
(a) The owner or operator must
			 obtain and analyze samples from the installed ground-water monitoring system.
			 The owner or operator must develop and follow a ground-water sampling and
			 analysis plan. He must keep this plan at the facility. The plan must include
			 procedures and techniques for:
(1) Sample
			 collection;
(2) Sample preservation
			 and shipment;
(3) Analytical
			 procedures; and
(4) Chain of
			 custody control.
[Comment: See "Procedures Manual For Ground-water Monitoring At
				Solid Waste Disposal Facilities," EPA-530/SW-611, August 1977 and "Methods for
				Chemical Analysis of Water and Wastes," EPA-600/4-79-020, March 1979 for
				discussions of sampling and analysis procedures.]
(b) The owner or operator must determine the
			 concentration or value of the following parameters in ground-water samples in
			 accordance with paragraphs (c) and (d) of this section:
(1) Parameters characterizing the suitability
			 of the ground water as a drinking water supply, as specified in Appendix
			 III.
(2) Parameters establishing
			 ground-water quality:
(i) Chloride
(ii) Iron
(iii) Manganese
(iv) Phenols
(v) Sodium
(vi) Sulfate
[Comment: These parameters are to be used as a basis for
				comparison in the event a ground-water quality assessment is required under
				§ 265.93(d).]
(3) Parameters used as indicators of
			 ground-water contamination:
(i) pH
(ii) Specific Conductance
(iii) Total Organic Carbon
(iv) Total Organic
			 Halogen
(c)
(1) For all monitoring wells, the owner or
			 operator must establish initial background concentrations or values of all
			 parameters specified in paragraph (b) of this section. He must do this
			 quarterly for one year.
(2) For each
			 of the indicator parameters specified in paragraph (b)(3) of this section, at
			 least four replicate measurements must be obtained for each sample and the
			 initial background arithmetic mean and variance must be determined by pooling
			 the replicate measurements for the respective parameter concentrations or
			 values in samples obtained from upgradient wells during the first
			 year.
(d) After the first
			 year, all monitoring wells must be sampled and the samples analyzed with the
			 following frequencies:
(1) Samples collected
			 to establish ground-water quality must be obtained and analyzed for the
			 parameters specified in paragraph (b)(2) of this section at least
			 annually.
(2) Samples collected to
			 indicate ground-water contamination must be obtained and analyzed for the
			 parameters specified in paragraph (b)(3) of this section at least
			 semi-annually.
(e)
			 Elevation of the ground-water surface at each monitoring well must be
			 determined each time a sample is obtained.
§ 265.93
Preparation, evaluation,
			 and response
(a) Within one year after
			 the effective date of these rules, the owner or operator must prepare an
			 outline of a ground-water quality assessment program. The outline must describe
			 a more comprehensive ground-water monitoring program (than that described in
			 §§ 265.91 and 265.92) capable of determining:
(1) Whether hazardous waste or hazardous
			 waste constituents have entered the ground water;
(2) The rate and extent of migration of
			 hazardous waste or hazardous waste constituents in the ground water;
			 and
(3) The concentrations of
			 hazardous waste or hazardous waste constituents in the ground
			 water.
(b) For each
			 indicator parameter specified in § 265.92(b)(3), the owner or operator
			 must calculate the arithmetic mean and variance, based on at least four
			 replicate measurements on each sample, for each well monitored in accordance
			 with § 265.92(d)(2), and compare these results with its initial background
			 arithmetic mean. The comparison must consider individually each of the wells in
			 the monitoring system, and must use the Student's t-test at the 0.01 level of
			 significance (see Appendix IV) to determine statistically significant increases
			 (and decreases, in the case of pH) over initial background.
(c)
(1) If
			 the comparisons for the upgradient wells made under paragraph (b) of this
			 section show a significant increase (or pH decrease), the owner or operator
			 must submit this information in accordance with §
			 265.94(a)(2)(ii).
(2) If the
			 comparisons for downgradient wells made under paragraph (b) of this section
			 show a significant increase (or pH decrease), the owner or operator must then
			 immediately obtain additional ground-water samples from those downgradient
			 wells where a significant difference was detected, split the samples in two,
			 and obtain analyses of all additional samples to determine whether the
			 significant difference was a result of laboratory error.
(d)
(1) If
			 the analyses performed under paragraph (c)(2) of this section confirm the
			 significant increase (or pH decrease), the owner or operator must provide
			 written notice to the Director - within seven days of the date of such
			 confirmation - that the facility may be affecting ground-water
			 quality.
(2) Within 15 days after
			 the notification under paragraph (d)(1) of this section, the owner or operator
			 must develop a specific plan, based on the outline required under paragraph (a)
			 of this section and certified by a qualified geologist or geotechnical
			 engineer, for a ground-water quality assessment at the facility. This plan must
			 be placed in the facility's operating record and be maintained until closure of
			 the facility.
(3) The plan to be
			 submitted under § 265.90(d)(1) or paragraph (d)(2) of this section must
			 specify:
(i) The number, location, and depth
			 of wells;
(ii) Sampling and
			 analytical methods for those hazardous wastes or hazardous waste constituents
			 in the facility;
(iii) Evaluation
			 procedures, including any use of previously-gathered ground-water quality
			 information; and
(iv) A schedule of
			 implementation.
(4) The
			 owner or operator must implement the ground-water quality assessment plan which
			 satisfies the requirements of paragraph (d)(3) of this section, and, at a
			 minimum, determine:
(i) The rate and extent of
			 migration of the hazardous waste or hazardous waste constituents in the ground
			 water; and
(ii) The concentrations
			 of the hazardous waste or hazardous waste constituents in the ground water.
(5) The owner or
			 operator must make his first determination under paragraph (d)(4) of this
			 section as soon as technically feasible, and, prepare a report containing an
			 assessment of the groundwater quality. This report must be placed in the
			 facility operating record and be maintained until closure of the
			 facility.
(6) If the owner or
			 operator determines, based on the results of the first determination under
			 paragraph (d)(4) of this section, that no hazardous waste or hazardous waste
			 constituents from the facility have entered the ground water, then he may
			 reinstate the indicator evaluation program described in § 265.92 and
			 paragraph (b) of this section. If the owner or operator reinstates the
			 indicator evaluation program, he must so notify the Director in the report
			 submitted under paragraph (d)(5) of this section.
(7) If the owner or operator determines,
			 based on the first determination under paragraph (d)(4) of this section, that
			 hazardous waste or hazardous waste constituents from the facility have entered
			 the ground water, then he:
(i) Must continue
			 to make the determinations required under paragraph (d)(4) of this section on a
			 quarterly basis until final closure of the facility, if the ground-water
			 quality assessment plan was implemented prior to final closure of the facility;
			 or
(ii) May cease to make the
			 determinations required under paragraph (d)(4) of this section, if the
			 ground-water quality assessment plan was implemented during the post-closure
			 care period.
(e) Notwithstanding any other provision of
			 this Subsection, any ground-water quality assessment to satisfy the
			 requirements of § 265.93(d)(4) which is initiated prior to final closure
			 of the facility must be completed and reported in accordance with §
			 265.93(d)(5).
(f) Unless the ground
			 water is monitored to satisfy the requirements of § 265.93(d)(4), at least
			 annually the owner or operator must evaluate the data on ground-water surface
			 elevations obtained under § 265.92(e) to determine whether the
			 requirements under § 265.91(a) for locating the monitoring wells continues
			 to be satisfied. If the evaluation shows that § 265.91(a) is no longer
			 satisfied, the owner or operator must immediately modify the number, location,
			 or depth of the monitoring wells to bring the ground-water monitoring system
			 into compliance with this requirement.
§ 265.94
Recordkeeping and
			 reporting
(a) Unless the ground water
			 is monitored to satisfy the requirements of § 265.93(d)(4), the owner or
			 operator must:
(1) Keep records of the
			 analyses required in § 265.92(c) and (d), the associated ground-water
			 surface elevations required in § 265.92(e), and the evaluations required
			 in § 265.93(b) throughout the active life of the facility, and, for
			 disposal facilities, throughout the post-closure care period as well;
			 and
(2) Report the following
			 ground-water monitoring information to the Director:
(i) During the first year when initial
			 background concentrations are being established for the facility:
			 concentrations or values of the parameters listed in § 265.92(b)(1) for
			 each ground-water monitoring well within 15 days after completing each
			 quarterly analysis. The owner or operator must separately identify for each
			 monitoring well any parameters whose concentration or value has been found to
			 exceed the maximum contaminant levels listed in Appendix III.
(ii) Annually: Concentrations or values of
			 the parameters listed in § 265.92(b)(3) for each ground-water monitoring
			 well, along with the required evaluations for these parameters under §
			 265.93(b). The owner or operator must separately identify any significant
			 differences from initial background found in the upgradient wells, in
			 accordance with § 265.93(c)(1). During the active life of the facility,
			 this information must be submitted no later than March 1 following each
			 calendar year.
(iii) No later than
			 March 1 following each calendar year: Results of the evaluations of
			 ground-water surface elevations under § 265.93(f), and a description of
			 the response to that evaluation, where applicable.
(b) If the
			 ground water is monitored to satisfy the requirements of § 265.93(d)(4),
			 the owner or operator must:
(1) Keep records
			 of the analyses and evaluations specified in the plan, which satisfies the
			 requirements of § 265.93(d)(3), throughout the active life of the
			 facility, and, for disposal facilities, throughout the post-closure care period
			 as well; and
(2) Annually, until
			 final closure of the facility, submit to the Director a report containing the
			 results of his or her ground-water quality assessment program which includes,
			 but is not limited to, the calculated (or measured) rate of migration of
			 hazardous waste or hazardous waste constituents in the ground water during the
			 reporting period. This information must be submitted no later than March 1
			 following each calendar year.
Subsection G
- Closure and
			 Post-Closure
§ 265.110
Applicability
Except as § 265.1 provides otherwise:
(a) Sections 265.111 through 265.115 (which
			 concern closure) apply to the owners and operators of all hazardous waste
			 management facilities; and
(b)
			 Sections 265.116 through 265.120 (which concern post-closure care) apply to the
			 owners and operators of:
(1) All hazardous
			 waste disposal facilities; and
(2)
			 Waste piles and surface impoundments for which the owner or operator intends to
			 remove the wastes at closure to the extent that these sections are made
			 applicable to such facilities in § 265.228 or § 265.258;
			 and
(3) Tank systems that are
			 required under § 265.197 to meet requirements for landfills.
(4) Containment buildings that are required
			 under § 265.1102 to meet the requirement for landfills,
and
(5)
Open
			 burn/open detonation units where soil and/or groundwater contamination has been
			 identified as a result of operation of the unit.
(c) Section 265.121 applies to owners and
			 operators of units that are subject to the requirements of § 270.1(c)(7)
			 and are regulated under an enforceable document (as defined in §
			 270.1(c)(7)).
(d) The Director may
			 replace all or part of the requirements of this subpart and the unit-specific
			 standards in § 265.111(c)) applying to a regulated unit (as defined in
			 § 264.90), with alternative requirements for closure set out in an
			 approved closure or post-closure plan, or in an enforceable document (as
			 defined in § 270.1(c)(7)), where the Director determines that:
(1) A regulated unit is situated among solid
			 waste management units (or areas of concern), a release has occurred, and both
			 the regulated unit and one or more solid waste management unit(s) (or areas of
			 concern) are likely to have contributed to the release, and
(2) It is not necessary to apply the closure
			 requirements of this subpart (and/or those referenced herein) because the
			 alternative requirements will protect human health and the environment, and
			 will satisfy the closure performance standard of § 265.111 (a) and
			 (b).
§
			 265.111
Closure performance standard
The owner or operator must close the facility in a manner
				that:
(a) Minimizes the need for
			 further maintenance, and
(b)
			 Controls, minimizes or eliminates, to the extent necessary to protect human
			 health and the environment, post-closure escape of hazardous waste, hazardous
			 constituents, leachate, contaminated run-off, or hazardous waste decomposition
			 products to the ground or surface waters or to the atmosphere, and
(c) Complies with the closure requirements of
			 this Subsection including, but not limited to, the requirements of §§
			 265.197, 265.228, 265.258, 265.280, 265.310, 265.351, 265.381, 265.404, and
			 265.1102.
§ 265.112
Closure plan; amendment of plan
(a) Written plan. By May 19, 1981, or by six
			 months after the effective date of the rule that first subjects a facility to
			 provisions of this section, the owner or operator of a hazardous waste
			 management facility must have a written closure plan. Until final closure is
			 completed and certified in accordance with § 265.115, a copy of the most
			 current plan must be furnished to the Director upon request, including request
			 by mail. In addition, for facilities without approved plans, it must also be
			 provided during site inspections, on the day of inspection, to any officer,
			 employee, or representative of the Division who is duly designated by the
			 Director.
(b) Content of plan. The
			 plan must identify steps necessary to perform partial and/or final closure of
			 the facility at any point during its active life. The closure plan must
			 include, at least:
(1) A description of how
			 each hazardous waste management unit at the facility will be closed in
			 accordance with § 265.111; and
(2) A description of how final closure of the
			 facility will be conducted in accordance with § 265.112. The description
			 must identify the maximum extent of the operation which will be unclosed during
			 the active life of the facility; and
(3) An estimate of the maximum inventory of
			 hazardous wastes ever on-site over the active life of the facility and a
			 detailed description of the methods to be used during partial and final
			 closure, including, but not limited to methods for removing, transporting,
			 treating, storing or disposing of all hazardous waste, identification of and
			 the type(s) of off-site hazardous waste management unit(s) to be used, if
			 applicable; and
(4) A detailed
			 description of the steps needed to remove or decontaminate all hazardous waste
			 residues and contaminated containment system components, equipment, structures,
			 and soils during partial and final closure including, but not limited to,
			 procedures for cleaning equipment and removing contaminated soils, methods for
			 sampling and testing surrounding soils, and criteria for determining the extent
			 of decontamination necessary to satisfy the closure performance standard;
			 and
(5) A detailed description of
			 other activities necessary during the partial and final closure periods to
			 ensure that all partial closures and final closure satisfy the closure
			 performance standards, including, but not limited to, ground-water monitoring,
			 leachate collection, and run-on and run-off control; and
(6) A schedule for closure of each hazardous
			 waste management unit and for final closure of the facility. The schedule must
			 include, at a minimum, the total time required to close each hazardous waste
			 management unit and the time required for intervening closure activities which
			 will allow tracking of the progress of partial and final closure. (For example,
			 in the case of a landfill unit, estimates of the time required to treat or
			 dispose of all hazardous waste inventory and of the time required to place a
			 final cover must be included.); and
(7) An estimate of the expected year of final
			 closure for facilities that use trust funds to demonstrate financial assurance
			 under § 265.143 or § 265.145 and whose remaining operating life is
			 less than twenty years, and for facilities without approved closure
			 plans.
(8) For facilities where the
			 Director has applied alternative requirements at regulated unit under
			 §§ 265.90(f), 265.110(d), and/or 265.140(d), either the alternative
			 requirements applying to the regulated unit, or a reference to the enforceable
			 document containing those alternative requirements.
(c) Amendment of plan. The owner or operator
			 may amend the closure plan at any time prior to the notification of partial or
			 final closure of the facility. An owner or operator with an approved closure
			 plan must submit a written request to the Director to authorize a change to the
			 approved closure plan. The written request must include a copy of the amended
			 closure plan for approval by the Director.
(1)
			 The owner or operator must amend the closure plan whenever:
(i) Changes in operating plans or facility
			 design affect the closure plan, or
(ii) There is a change in the expected year
			 of closure, if applicable, or
(iii)
			 In conducting partial or final closure activities, unexpected events require a
			 modification of the closure plan.
(iv) The owner or operator requests the
			 Director to apply alternative requirements to a regulated unit under
			 §§. 265.90(f), 265.110(d), and/or 265.140(d).
(2) The owner or operator must amend the
			 closure plan at least 60 days prior to the proposed change in facility design
			 or operation, or no later than 60 days after an unexpected event has occurred
			 which has affected the closure plan. If an unexpected event occurs during the
			 partial or final closure period, the owner or operator must amend the closure
			 plan no later than 30 days after the unexpected event. These provisions also
			 apply to owners or operators of surface impoundments and waste piles who
			 intended to remove all hazardous wastes at closure, but are required to close
			 as landfills in accordance with § 265.310.
(3) An owner or operator with an approved
			 closure plan must submit the modified plan to the Director at least 60 days
			 prior to the proposed change in facility design or operation, or no more than
			 60 days after an unexpected event has occurred which has affected the closure
			 plan. If an unexpected event has occurred during the partial or final closure
			 period, the owner or operator must submit the modified plan no more than 30
			 days after the unexpected event. These provisions also apply to owners or
			 operators of surface impoundments and waste piles who intended to remove all
			 hazardous wastes at closure but are required to close as landfills in
			 accordance with § 265.310. If the amendment to the plan is a Class 2 or 3
			 modification according to the criteria in § 270.42, the modification to
			 the plan will be approved according to the procedures in §
			 265.112(d)(4).
(4) The Director may
			 request modifications to the plan under the conditions described in paragraph
			 (c)(1) of this section. An owner or operator with an approved closure plan must
			 submit the modified plan within 60 days of the request from the Director, or
			 within 30 days if the unexpected event occurs during partial or final closure.
			 If the amendment is considered a Class 2 or 3 modification according to the
			 criteria in § 270.42, the modification to the plan will be approved in
			 accordance with the procedures in § 265.112(d)(4).
(d) Notification of partial closure and final
			 closure.
(1) The owner or operator must
			 submit the closure plan to the Director at least 180 days prior to the date on
			 which he expects to begin closure of the first surface impoundment, waste pile,
			 land treatment, or landfill unit, or final closure if it involves such a unit,
			 whichever is earlier. The owner or operator must submit the closure plan to the
			 Director at least 45 days prior to the date on which he expects to begin
			 partial or final closure of a boiler or industrial furnace. The owner or
			 operator must submit the closure plan to the Director at least 45 days prior to
			 the date on which he expects to begin final closure of a facility with only
			 tanks, container storage, or incinerator units. Owners or operators with
			 approved closure plans must notify the Director in writing at least 60 days
			 prior to the date on which he expects to begin closure of a surface
			 impound-ment, waste pile, landfill, or land treatment unit, or final closure of
			 a facility involving such a unit. Owners or operators with approved closure
			 plans must notify the Director in writing at least 45 days prior to the date on
			 which he expects to begin partial or final closure of a boiler or industrial
			 furnace. Owners or operators with approved closure plans must notify the
			 Director in writing at least 45 days prior to the date on which he expects to
			 begin final closure of a facility with only tanks, container storage, or
			 incinerator units.
(2) The date
			 when he "expects to begin closure" must be either:
(i) Within 30 days after the date on which
			 any hazardous waste management unit receives the known final volume of
			 hazardous wastes, or, if there is a reasonable possibility that the hazardous
			 waste management unit will receive additional hazardous wastes, no later than
			 one year after the date on which the unit received the most recent volume of
			 hazardous waste. If the owner or operator of a hazardous waste management unit
			 can demonstrate to the Director that the hazardous waste management unit or
			 facility has the capacity to receive additional hazardous wastes and he has
			 taken, and will continue to take, all steps to prevent threats to human health
			 and the environment, including compliance with all interim status requirements,
			 the Director may approve an extension to this one-year limit; or
(ii) For units meeting the requirements of
			 § 265.113(d), no later than 30 days after the date on which the hazardous
			 waste management unit receives the known final volume of nonhazardous wastes,
			 or if there is a reasonable possibility that the hazardous waste management
			 unit will receive additional nonhazardous wastes, no later than one year after
			 the date on which the unit received the most recent volume of nonhazardous
			 wastes. If the owner or operator can demonstrate to the Director that the
			 hazardous waste management unit has the capacity to receive additional
			 nonhazardous wastes and he has taken, and will continue to take, all steps to
			 prevent threats to human health and the environment, including compliance with
			 all applicable interim status requirements, the Director may approve an
			 extension to this one-year limit.
(3) The owner or operator must submit his
			 closure plan to the Director no later than 15 days after:
(i) Termination of interim status except when
			 a permit is issued simultaneously with termination of interim status;
			 or
(ii) Issuance of a judicial
			 decree or final order under section 3008 of RCRA to cease receiving hazardous
			 wastes or close.
(4) The
			 Director will provide the owner or operator and the public, through a newspaper
			 notice, the opportunity to submit written comments on the plan and request
			 modifications to the plan no later than 30 days from the date of the notice. He
			 will also, in response to a request or at his own discretion, hold a public
			 hearing whenever such a hearing might clarify one or more issues concerning a
			 closure plan. The Director will give public notice of the hearing at least 30
			 days before it occurs. (Public notice of the hearing may be given at the same
			 time as notice of the opportunity for the public to submit written comments,
			 and the two notices may be combined.) The Director will approve, modify, or
			 disapprove the plan within 90 days of its receipt. If the Director does not
			 approve the plan he shall provide the owner or operator with a detailed written
			 statement of reasons for the refusal and the owner or operator must modify the
			 plan or submit a new plan for approval within 30 days after receiving such
			 written statement. The Director will approve or modify this plan in writing
			 within 60 days. If the Director modifies the plan, this modified plan becomes
			 the approved closure plan. The Director must assure that the approved plan is
			 consistent with §§ 265.111 through 265.115 and the applicable
			 requirements of §§ 265.90 et seq., 265.197, 265.228, 12,258, 265.280,
			 265.310, 265.351, 265.381, 265.404, and 265.1102. A copy of the modified plan
			 with a detailed statement of reasons for the modifications must be mailed to
			 the owner or operator.
(e) Removal of wastes and decontamination or
			 dismantling of equipment. Nothing in this section shall preclude the owner or
			 operator from removing hazardous wastes and decontaminating or dismantling
			 equipment in accordance with the approved partial or final closure plan at any
			 time before or after notification of partial or final closure.
§ 265.113
Closure; time allowed for closure
(a)
			 Within 90 days after receiving the final volume of hazardous wastes, or the
			 final volume of nonhazardous wastes if the owner or operator complies with all
			 applicable requirements in paragraphs (d) and (e) of this section, at a
			 hazardous waste management unit or facility, or within 90 days after approval
			 of the closure plan, whichever is later, the owner or operator must treat,
			 remove from the unit or facility, or dispose of on-site, all hazardous wastes
			 in accordance with the approved closure plan. The Director may approve a longer
			 period if the owner or operator demonstrates that:
(1)
(i) The
			 activities required to comply with this paragraph will, of necessity, take
			 longer than 90 days to complete; or
(ii)
(A)
			 The hazardous waste management unit or facility has the capacity to receive
			 additional hazardous wastes, or has the capacity to receive non-hazardous
			 wastes if the facility owner or operator complies with paragraphs (d) and (e)
			 of this section; and
(B) There is a
			 reasonable likelihood that he or another person will recommence operation of
			 the hazardous waste management unit or the facility within one year;
			 and
(C) Closure of the hazardous
			 waste management unit or facility would be incompatible with continued
			 operation of the site; and
(2) He has taken and will continue to take
			 all steps to prevent threats to human health and the environment, including
			 compliance with all applicable interim status requirements.
(b) The owner or operator must complete
			 partial and final closure activities in accordance with the approved closure
			 plan and within 180 days after receiving the final volume of hazardous wastes,
			 or the final volume of nonhazardous wastes if the owner or operator complies
			 with all applicable requirements in paragraphs (d) and (e) of this section, at
			 the hazardous waste management unit or facility, or 180 days after approval of
			 the closure plan, if that is later. The Director may approve an extension to
			 the closure period if the owner or operator demonstrates that:
(1)
(i) The
			 partial or final closure activities will, of necessity, take longer than 180
			 days to complete; or
(ii)
(A) The hazardous waste management unit or
			 facility has the capacity to receive additional hazardous wastes, or has the
			 capacity to receive non-hazardous wastes if the facility owner or operator
			 complies with paragraphs (d) and (e) of this section; and
(B) There is reasonable likelihood that he or
			 another person will recommence operation of the hazardous waste management unit
			 or the facility within one year; and
(C) Closure of the hazardous waste management
			 unit or facility would be incompatible with continued operation of the site;
			 and
(2) He has
			 taken and will continue to take all steps to prevent threats to human health
			 and the environment from the unclosed but not operating hazardous waste
			 management unit or facility, including compliance with all applicable interim
			 status requirements.
(c)
			 The demonstrations referred to in paragraphs (a)(1) and (b)(1) of this section
			 must be made as follows:
(1) The
			 demonstrations in paragraph (a)(1) of this section must be made at least 30
			 days prior to the expiration of the 90-day period in paragraph (a) of this
			 section; and
(2) The demonstration
			 in paragraph (b)(1) of this section must be made at least 30 days prior to the
			 expiration of the 180-day period in paragraph (b) of this section, unless the
			 owner or operator is otherwise subject to the deadlines in paragraph (d) of
			 this section.
(d) The
			 Director may allow an owner or operator to receive non-hazardous wastes in a
			 landfill, land treatment, or surface impoundment unit after the final receipt
			 of hazardous wastes at that unit if:
(1) The
			 owner or operator submits an amended part B application, or a part B
			 application, if not previously required, and demonstrates that:
(i) The unit has the existing design capacity
			 as indicated on the part A application to receive non-hazardous wastes;
			 and
(ii) There is a reasonable
			 likelihood that the owner or operator or another person will receive
			 non-hazardous wastes in the unit within one year after the final receipt of
			 hazardous wastes; and
(iii) The
			 non-hazardous wastes will not be incompatible with any remaining wastes in the
			 unit or with the facility design and operating requirements of the unit or
			 facility under this part; and
(iv)
			 Closure of the hazardous waste management unit would be incompatible with
			 continued operation of the unit or facility; and
(v) The owner or operator is operating and
			 will continue to operate in compliance with all applicable interim status
			 requirements; and
(2) The
			 part B application includes an amended waste analysis plan, ground-water
			 monitoring and response program, human exposure assessment required under RCRA
			 section 3019, and closure and post-closure plans, and updated cost estimates
			 and demonstrations of financial assurance for closure and post- closure care as
			 necessary and appropriate to reflect any changes due to the presence of
			 hazardous constituents in the non-hazardous wastes, and changes in closure
			 activities, including the expected year of closure if applicable under §
			 265.112(b)(7), as a result of the receipt of non-hazardous wastes following the
			 final receipt of hazardous wastes; and
(3) The part B application is amended, as
			 necessary and appropriate, to account for the receipt of non-hazardous wastes
			 following receipt of the final volume of hazardous wastes; and
(4) The part B application and the
			 demonstrations referred to in paragraphs (d)(1) and (d)(2) of this section are
			 submitted to the Director no later than 180 days prior to the date on which the
			 owner or operator of the facility receives the known final volume of hazardous
			 wastes, or no later than 90 days after the effective date of this rule in the
			 state in which the unit is located, whichever is later.
(e) In addition to the requirements in
			 paragraph (d) of this section, an owner or operator of a hazardous waste
			 surface impoundment that is not in compliance with the liner and leachate
			 collection system requirements in 42 U.S.C. 3004(o)(1) and 3005(j)(1) or 42
			 U.S.C. 3004(o)(2) or (3) or 3005(j) (2), (3), (4) or (13) must:
(1) Submit with the part B application:
(i) A contingent corrective measures plan;
			 and
(ii) A plan for removing
			 hazardous wastes in compliance with paragraph (e)(2) of this section; and
(2) Remove all hazardous
			 wastes from the unit by removing all hazardous liquids and removing all
			 hazardous sludges to the extent practicable without impairing the integrity of
			 the liner(s), if any.
(3) Removal
			 of hazardous wastes must be completed no later than 90 days after the final
			 receipt of hazardous wastes. The Director may approve an extension to this
			 deadline if the owner or operator demonstrates that the removal of hazardous
			 wastes will, of necessity, take longer than the allotted period to complete and
			 that an extension will not pose a threat to human health and the
			 environment.
(4) If a release that
			 is a statistically significant increase (or decrease in the case of pH) in
			 hazardous constituents over background levels is detected in accordance with
			 the requirements in Subsection F of this Section, the owner or operator of the
			 unit:
(i) Must implement corrective measures
			 in accordance with the approved contingent corrective measures plan required by
			 paragraph (e)(1) of this section no later than one year after detection of the
			 release, or approval of the contingent corrective measures plan, whichever is
			 later;
(ii) May receive wastes at
			 the unit following detection of the release only if the approved corrective
			 measures plan includes a demonstration that continued receipt of wastes will
			 not impede corrective action; and
(iii) May be required by the Director to
			 implement corrective measures in less than one year or to cease receipt of
			 wastes until corrective measures have been implemented if necessary to protect
			 human health and the environment.
(5) During the period of corrective action,
			 the owner or operator shall provide annual reports to the Director that
			 describe the progress of the corrective action program, compile all
			 ground-water monitoring data, and evaluate the effect of the continued receipt
			 of non-hazardous wastes on the effectiveness of the corrective
			 action.
(6) The Director may
			 require the owner or operator to commence closure of the unit if the owner or
			 operator fails to implement corrective action measures in accordance with the
			 approved contingent corrective measures plan within one year as required in
			 paragraph (e)(4) of this section, or fails to make substantial progress in
			 implementing corrective action and achieving the facility's background
			 levels.
(7) If the owner or
			 operator fails to implement corrective measures as required in paragraph (e)(4)
			 of this section, or if the Director determines that substantial progress has
			 not been made pursuant to paragraph (e)(6) of this section he shall:
(i) Notify the owner or operator in writing
			 that the owner or operator must begin closure in accordance with the deadline
			 in paragraphs (a) and (b) of this section and provide a detailed statement of
			 reasons for this determination, and
(ii) Provide the owner or operator and the
			 public, through a newspaper notice, the opportunity to submit written comments
			 on the decision no later than 20 days after the date of the notice.
(iii) If the Director receives no written
			 comments, the decision will become final five days after the close of the
			 comment period. The Director will notify the owner or operator that the
			 decision is final, and that a revised closure plan, if necessary, must be
			 submitted within 15 days of the final notice and that closure must begin in
			 accordance with the deadlines in paragraphs (a) and (b) of this
			 section.
(iv) If the Director
			 receives written comments on the decision, he shall make a final decision
			 within 30 days after the end of the comment period, and provide the owner or
			 operator in writing and the public through a newspaper notice, a detailed
			 statement of reasons for the final decision. If the Director determines that
			 substantial progress has not been made, closure must be initiated in accordance
			 with the deadlines in paragraphs (a) and (b) of this section.
(v) The final determinations made by the
			 Director under paragraphs (e)(7) (iii) and (iv) of this section are not subject
			 to administrative appeal.
§ 265.114
Disposal or
			 decontamination of equipment, structures, and soils
During the partial and final closure periods, all contaminated
				equipment, structures and soil must be properly disposed of, or decontaminated
				unless specified otherwise in §§ 265.197, 265.228, 265.258, 265.280,
				or 265.310. By removing all hazardous wastes or hazardous constituents during
				partial and final closure, the owner or operator may become a generator of
				hazardous waste and must handle that hazardous waste in accordance with all
				applicable requirements of Section 261 of this rule.
§ 265.115
Certification of
			 closure
Within 60 days of completion of closure of each hazardous waste
				surface impoundment, waste pile, land treatment, and landfill unit, and within
				60 days of completion of final closure, the owner or operator must submit to
				the Director, by registered mail, a certification that the hazardous waste
				management unit or facility, as applicable, has been closed in accordance with
				the specifications in the approved closure plan. The certification must be
				signed by the owner or operator and by an independent qualified
				Arkansas-registered professional engineer. Documentation supporting the
independent Arkansas-registered professional engineer'
s
				certification must be furnished to the Director upon request until he releases
				the owner or operator from the financial assurance requirements for closure
				under § 265.143(h).
§
			 265.116
Survey plat
No later than the submission of the certification of closure of
				each hazardous waste disposal unit, an owner or operator must submit to the
				local zoning authority, or the authority with jurisdiction over local land use,
				and to the Director, a survey plat indicating the location and dimensions of
				landfill cells or other hazardous waste disposal units with respect to
				permanently surveyed benchmarks. This plat must be prepared and certified by a
				professional land surveyor. The plat filed with the local zoning authority, or
				the authority with jurisdiction over local land use must contain a note,
				prominently displayed, which states the owner's or operator's obligation to
				restrict disturbance of the hazardous waste disposal unit in accordance with
				the applicable Subsection G rules.
§ 265.117
Post-closure care and
			 use of property
(a)
(1) Post-closure care for each hazardous
			 waste management unit subject to the requirements of §§ 265.117
			 through 265.120 must begin after completion of closure of the unit and continue
			 for 30 years after that date. It must consist of at least the following:
(i) Monitoring and reporting in accordance
			 with the requirements of Subsections F, K, L, M, and N of this Section;
			 and
(ii) Maintenance and monitoring
			 of waste containment systems in accordance with the requirements of Subsections
			 F, K, L, M, and N of this Section.
(2) Any time preceding closure of a hazardous
			 waste management unit subject to post-closure care requirements or final
			 closure, or any time during the post-closure period for a particular hazardous
			 waste disposal unit, the Director may:
(i)
			 Shorten the post-closure care period applicable to the hazardous waste
			 management unit, or facility, if all disposal units have been closed, if he
			 finds that the reduced period is sufficient to protect human health and the
			 environment (e.g., leachate or ground-water monitoring results, characteristics
			 of the hazardous waste, application of advanced technology, or alternative
			 disposal, treatment, or re-use techniques indicate that the hazardous waste
			 management unit or facility is secure); or
(ii) Extend the post-closure care period
			 applicable to the hazardous waste management unit or facility, if he finds that
			 the extended period is necessary to protect human health and the environment
			 (e.g., leachate or ground-water monitoring results indicate a potential for
			 migration of hazardous wastes at levels which may be harmful to human health
			 and the environment).
(b) The Director may require, at partial and
			 final closure, continuation of any of the security requirements of §
			 265.14 during part or all of the post-closure period when:
(1) Hazardous wastes may remain exposed after
			 completion of partial or final closure; or
(2) Access by the public or domestic
			 livestock may pose a hazard to human health.
(c) Post-closure use of property on or in
			 which hazardous wastes remain after partial or final closure must never be
			 allowed to disturb the integrity of the final cover, liner(s), or any other
			 components of the containment system, or the function of the facility's
			 monitoring systems, unless the Director finds that the disturbance:
(1) Is necessary to the proposed use of the
			 property, and will not increase the potential hazard to human health or the
			 environment; or
(2) Is necessary to
			 reduce a threat to human health or the environment.
(d) All post-closure care activities must be
			 in accordance with the provisions of the approved post-closure plan as
			 specified in § 265.118.
§
			 265.118
Post-closure plan; amendment of plan
(a) Written plan. By May 19, 1981, the owner
			 or operator of a hazardous waste disposal unit must have a written post-closure
			 plan. An owner or operator of a surface impoundment or waste pile that intends
			 to remove all hazardous wastes at closure must prepare a post-closure plan and
			 submit it to the Director within 90 days of the date that the owner or operator
			 or Director determines that the hazardous waste management unit or facility
			 must be closed as a landfill, subject to the requirements of §§
			 265.117 through 265.120.
(b) Until
			 final closure of the facility, a copy of the most current post-closure plan
			 must be furnished to the Director upon request, including request by mail. In
			 addition, for facilities without approved post-closure plans, it must also be
			 provided during site inspections, on the day of inspection, to any officer,
			 employee or representative of the Division who is duly designated by the
			 Director. After final closure has been certified, the person or office
			 specified in § 265.118(c)(3) must keep the approved post-closure plan
			 during the post-closure period.
(c)
			 For each hazardous waste management unit subject to the requirements of this
			 section, the post-closure plan must identify the activities that will be
			 carried on after closure of each disposal unit and the frequency of these
			 activities, and include at least:
(1) A
			 description of the planned monitoring activities and frequencies at which they
			 will be performed to comply with Subsections F, K, L, M, and N of this Section
			 during the post-closure care period; and
(2) A description of the planned maintenance
			 activities, and frequencies at which they will be performed, to ensure:
(i) The integrity of the cap and final cover
			 or other containment systems in accordance with the requirements of Subsections
			 K, L, M, and N of this Section; and
(ii) The function of the monitoring equipment
			 in accordance with the requirements of Subsections F, K, L, M, and N of this
			 Section; and
(3) The
			 name, address, and phone number of the person or office to contact about the
			 hazardous waste disposal unit or facility during the post-closure care
			 period.
(4) For facilities subject
			 to § 265.121, provisions that satisfy the requirements of §
			 265.121(a)(1) and (3).
(5) For
			 facilities where the Director has applied alternative requirements at a
			 regulated unit under §§ 265.90(f), 265.110(d), and/or 265.140(d),
			 either the alternative requirements that apply to the regulated unit, or a
			 reference to the enforceable document containing those requirements.
(d) Amendment of plan. The owner
			 or operator may amend the post-closure plan any time during the active life of
			 the facility or during the post-closure care period. An owner or operator with
			 an approved post-closure plan must submit a written request to the Director to
			 authorize a change to the approved plan. The written request must include a
			 copy of the amended post-closure plan for approval by the Director.
(1) The owner or operator must amend the
			 post-closure plan whenever:
(i) Changes in
			 operating plans or facility design affect the post-closure plan, or
(ii) Events which occur during the active
			 life of the facility, including partial and final closures, affect the
			 post-closure plan.
(iii) The owner
			 or operator requests the Director to apply alternative requirements to a
			 regulated unit under §§ 265.90(f), 265.110(d), and/or 265.140(d).
(2) The owner or
			 operator must amend the post-closure plan at least 60 days prior to the
			 proposed change in facility design or operation, or no later than 60 days after
			 an unexpected event has occurred which has affected the post-closure
			 plan.
(3) An owner or operator with
			 an approved post-closure plan must submit the modified plan to the Director at
			 least 60 days prior to the proposed change in facility design or operation, or
			 no more than 60 days after an unexpected event has occurred which has affected
			 the post-closure plan. If an owner or operator of a surface impoundment or a
			 waste pile who intended to remove all hazardous wastes at closure in accordance
			 with § 265.228(b) or § 265.258(a) is required to close as a landfill
			 in accordance with § 265.310, the owner or operator must submit a
			 post-closure plan within 90 days of the determination by the owner or operator
			 or Director that the unit must be closed as a landfill. If the amendment to the
			 post-closure plan is a Class 2 or 3 modification according to the criteria in
			 § 270.42, the modification to the plan will be approved according to the
			 procedures in § 265.118(f).
(4) The Director may request modifications to
			 the plan under the conditions described in paragraph (d)(1) of this section. An
			 owner or operator with an approved post-closure plan must submit the modified
			 plan no later than 60 days of the request from the Director. If the amendment
			 to the plan is considered a Class 2 or 3 modification according to the criteria
			 in § 270.42, the modifications to the post-closure plan will be approved
			 in accordance with the procedures in § 265.118(f). If the Director
			 determines that an owner or operator of a surface impoundment or waste pile who
			 intended to remove all hazardous wastes at closure must close the facility as a
			 landfill, the owner or operator must submit a post-closure plan for approval to
			 the Director within 90 days of the determination.
(e) The owner or operator of a facility with
			 hazardous waste management units subject to these requirements must submit his
			 post-closure plan to the Director at least 180 days before the date he expects
			 to begin partial or final closure of the first hazardous waste disposal unit.
			 The date he "expects to begin closure" of the first hazardous waste disposal
			 unit must be either within 30 days after the date on which the hazardous waste
			 management unit receives the known final volume of hazardous waste or, if there
			 is a reasonable possibility that the hazardous waste management unit will
			 receive additional hazardous wastes, no later than one year after the date on
			 which the unit received the most recent volume of hazardous wastes. The owner
			 or operator must submit the post-closure plan to the Director no later than 15
			 days after:
(1) Termination of interim status
			 (except when a permit is issued to the facility simultaneously with termination
			 of interim status); or
(2) Issuance
			 of a judicial decree or final orders under section 3008 of RCRA to cease
			 receiving wastes or close.
(f) The Director will provide the owner or
			 operator and the public, through a newspaper notice, the opportunity to submit
			 written comments on the post-closure plan and request modifications to the plan
			 no later than 30 days from the date of the notice. He will also, in response to
			 a request or at his own discretion, hold a public hearing whenever such a
			 hearing might clarify one or more issues concerning a post-closure plan. The
			 Director will give public notice of the hearing at least 30 days before it
			 occurs. (Public notice of the hearing may be given at the same time as notice
			 of the opportunity for the public to submit written comments, and the two
			 notices may be combined.) The Director will approve, modify, or disapprove the
			 plan within 90 days of its receipt. If the Director does not approve the plan
			 he shall provide the owner or operator with a detailed written statement of
			 reasons for the refusal and the owner or operator must modify the plan or
			 submit a new plan for approval within 30 days after receiving such written
			 statement. The Director will approve or modify this plan in writing within 60
			 days. If the Director modifies the plan, this modified plan becomes the
			 approved post-closure plan. The Director must ensure that the approved
			 post-closure plan is consistent with §§ 265.117 through 265.120. A
			 copy of the modified plan with a detailed statement of reasons for the
			 modifications must be mailed to the owner or operator.
(g) The post-closure plan and length of the
			 post-closure care period may be modified any time prior to the end of the
			 post-closure care period in either of the following two ways:
(1) The owner or operator or any member of
			 the public may petition the Director to extend or reduce the post-closure care
			 period applicable to a hazardous waste management unit or facility based on
			 cause, or alter the requirements of the post-closure care period based on
			 cause.
(i) The petition must include evidence
			 demonstrating that:
(A) The secure nature of
			 the hazardous waste management unit or facility makes the post-closure care
			 requirement(s) unnecessary or supports reduction of the post-closure care
			 period specified in the current post-closure plan (e.g., leachate or
			 ground-water monitoring results, characteristics of the wastes, application of
			 advanced technology, or alternative disposal, treatment, or re-use techniques
			 indicate that the facility is secure), or
(B) The requested extension in the
			 post-closure care period or alteration of post- closure care requirements is
			 necessary to prevent threats to human health and the environment (e.g.,
			 leachate or ground-water monitoring results indicate a potential for migration
			 of hazardous wastes at levels which may be harmful to human health and the
			 environment).
(ii)
			 These petitions will be considered by the Director only when they present new
			 and relevant information not previously considered by the Director. Whenever
			 the Director is considering a petition, he will provide the owner or operator
			 and the public, through a newspaper notice, the opportunity to submit written
			 comments within 30 days of the date of the notice. He will also, in response to
			 a request or at his own discretion, hold a public hearing whenever a hearing
			 might clarify one or more issues concerning the post-closure plan. The Director
			 will give the public notice of the hearing at least 30 days before it occurs.
			 (Public notice of the hearing may be given at the same time as notice of the
			 opportunity for written public comments, and the two notices may be combined.)
			 After considering the comments, he will issue a final determination, based upon
			 the criteria set forth in paragraph (g)(1) of this section.
(iii) If the Director denies the petition, he
			 will send the petitioner a brief written response giving a reason for the
			 denial.
(2) The Director
			 may tentatively decide to modify the post-closure plan if he deems it necessary
			 to prevent threats to human health and the environment. He may propose to
			 extend or reduce the post-closure care period applicable to a hazardous waste
			 management unit or facility based on cause or alter the requirements of the
			 post-closure care period based on cause.
(i)
			 The Director will provide the owner or operator and the affected public,
			 through a newspaper notice, the opportunity to submit written comments within
			 30 days of the date of the notice and the opportunity for a public hearing as
			 in paragraph (g)(1)(ii) of this section. After considering the comments, he
			 will issue a final determination.
(ii) The Director will base his final
			 determination upon the same criteria as required for petitions under paragraph
			 (g)(1)(i) of this section. A modification of the post-closure plan may include,
			 where appropriate, the temporary suspension rather than permanent deletion of
			 one or more post-closure care requirements. At the end of the specified period
			 of suspension, the Director would then determine whether the requirement(s)
			 should be permanently discontinued or reinstated to prevent threats to human
			 health and the environment.
§ 265.119
Post-closure
			 notices
(a) No later than 60 days after
			 certification of closure of each hazardous waste disposal unit, the owner or
			 operator must submit to the local zoning authority, or the authority with
			 jurisdiction over local land use, and to the Director, a record of the type,
			 location, and quantity of hazardous wastes disposed of within each cell or
			 other disposal unit of the facility. For hazardous wastes disposed of before
			 January 12, 1981, the owner or operator must identify the type, location and
			 quantity of the hazardous wastes to the best of his knowledge and in accordance
			 with any records he has kept.
(b)
			 Within 60 days of certification of closure of the first hazardous waste
			 disposal unit and within 60 days of certification of closure of the last
			 hazardous waste disposal unit, the owner or operator must:
(1) Record, in accordance with State law, a
			 notation on the deed to the facility property or on some other instrument which
			 is normally examined during title search - that will in perpetuity notify any
			 potential purchaser of the property that:
(i)
			 The land has been used to manage hazardous wastes; and
(ii) Its use is restricted under § 265,
			 Subsection G rules; and
(iii) The
			 survey plat and record of the type, location, and quantity of hazardous wastes
			 disposed of within each cell or other hazardous waste disposal unit of the
			 facility required by §§ 265.116 and 265.119(a) have been filed with
			 the local zoning authority or the authority with jurisdiction over local land
			 use and with the Director; and
(2) Submit a certification signed by the
			 owner or operator that he has recorded the notation specified in paragraph
			 (b)(1) of this section and a copy of the document in which the notation has
			 been placed, to the Director.
(c) If the owner or operator or any
			 subsequent owner of the land upon which a hazardous waste disposal unit was
			 located wishes to remove hazardous wastes and hazardous waste residues, the
			 liner, if any, and all contaminated structures, equipment, and soils, he must
			 request a modification to the approved post-closure plan in accordance with the
			 requirements of § 265.118(g). The owner or operator must demonstrate that
			 the removal of hazardous wastes will satisfy the criteria of § 265.117(c).
			 By removing hazardous waste, the owner or operator may become a generator of
			 hazardous waste and must manage it in accordance with all applicable
			 requirements of this rule. If the owner or operator is granted approval to
			 conduct the removal activities, the owner or operator may request that the
			 Director approve either:
(1) The removal of
			 the notation on the deed to the facility property or other instrument normally
			 examined during title search, or
(2) The addition of a notation to the deed or
			 instrument indicating the removal of the hazardous
			 waste.
§
			 265.120
Certification of completion of post-closure
			 care
No later than 60 days after the completion of the established
				post-closure care period for each hazardous waste disposal unit, the owner or
				operator must submit to the Director, by registered mail, a certification that
				the post-closure care period for the hazardous waste disposal unit was
				performed in accordance with the specifications in the approved post-closure
				plan. The certification must be signed by the owner or operator and an
independent qualified Arkansas-registered professional engineer
. Documentation supporting the independent Arkansas-registered
				professional engineer's certification must be furnished to the Director upon
				request until he releases the owner or operator from the financial assurance
				requirements for post-closure care under § 265.145(h).
§ 265.121
Post-closure
			 requirements for facilities that obtain enforceable documents in lieu of
			 post-closure permits
(a) Owners and
			 operators who are subject to the requirement to obtain a post-closure permit
			 under § 270.1(c), but who obtain enforceable documents in lieu of
			 post-closure permits, as provided under § 270.1(c)(7), must comply with
			 the following requirements:
(1) The
			 requirements to submit information about the facility in §
			 270.28;
(2) The requirements for
			 facility-wide corrective action in § 264.101 of this rule;
(3) The requirements of §§ CFR
			 264.91 through 264.100.
(b)
(1) The
			 Director, in issuing enforceable documents under Sec. 265.121 in lieu of
			 permits, will assure a meaningful opportunity for public involvement which, at
			 a minimum, includes public notice and opportunity for public comment:
(i) When the Division becomes involved in a
			 remediation at the facility as a regulatory or enforcement matter;
(ii) On the proposed preferred remedy and the
			 assumptions upon which the remedy is based, in particular those related to land
			 use and site characterization; and
(iii) At the time of a proposed decision that
			 remedial action is complete at the facility. These requirements must be met
			 before the Director may consider that the facility has met the requirements of
			 40 CFR
			 270.1(c)(7), unless the
			 facility qualifies for a modification to these public involvement procedures
			 under paragraph (b)(2) or (3) of this section.
(2) If the Director determines that even a
			 short delay in the implementation of a remedy would adversely affect human
			 health or the environment, the Director may delay compliance with the
			 requirements of paragraph (b)(1) of this section and implement the remedy
			 immediately. However, the Director must assure involvement of the public at the
			 earliest opportunity, and, in all cases, upon making the decision that
			 additional remedial action is not needed at the facility.
(3) The Director may allow a remediation
			 initiated prior to October 22, 1998 to substitute for corrective action
			 required under a post-closure permit even if the public involvement
			 requirements of paragraph (b)(1) of this section have not been met so long as
			 the Director assures that notice and comment on the decision that no further
			 remediation is necessary to protect human health and the environment takes
			 place at the earliest reasonable opportunity after October 22,
			 1998.
Subsection
			 H
- Financial Requirements
§
			 265.140
Applicability
(a) The requirements of §§ 265.142,
			 265.143 and 265.147 through 265.150 apply to owners or operators of all
			 hazardous waste facilities, except as provided otherwise in this section or in
			 § 265.1.
(b) The requirements
			 of §§ 265.144 and 265.145 apply only to owners and operators of
(1) Disposal facilities;
(2) Tank systems that are required under
			 § 265.197 to meet the requirements for landfills; and
(3) Containment buildings that are required
			 under § 265.1102 to meet the requirements for
			 landfills.
(c) Facilities
			 owned or operated by the State or the Federal government are exempt from the
			 requirements of this Subsection.
(d) The Director may replace all or part of
			 the requirements of this subpart applying to a regulated unit with alternative
			 requirements for financial assurance set out in the permit or in an enforceable
			 document (as defined in § 270.1(c)(7)), where the Director:
(1) Prescribes alternative requirements for
			 the regulated unit under § 265.90(f) and/or §265.110(d) , and
(2) Determines that it is not
			 necessary to apply the requirements of this subpart because the alternative
			 financial assurance requirements will protect human health and the
			 environment.
§
			 265.141
Definitions of terms as used in this
			 Subsection
(a) "Closure plan" means the
			 plan for closure prepared in accordance with the requirements of §
			 265.112.
(b) "Current closure cost
			 estimate" means the most recent of the estimates prepared in accordance with
			 § 265.142 (a), (b), and (c).
(c) "Current post-closure cost estimate"
			 means the most recent of the estimates prepared in accordance with §
			 265.144 (a), (b), and (c).
(d)
			 "Parent corporation" means a corporation which directly owns at least 50
			 percent of the voting stock of the corporation which is the facility owner or
			 operator; the latter corporation is deemed a "subsidiary" of the parent
			 corporation.
(e) "Post-closure
			 plan" means the plan for post-closure care prepared in accordance with the
			 requirements of §§ 265.117 through 265.120.
(f) The following terms are used in the
			 specifications for the financial tests for closure, post-closure care, and
			 liability coverage. The definitions are intended to assist in the understanding
			 of these rules and are not intended to limit the meanings of terms in a way
			 that conflicts with generally accepted accounting practices.
"Assets" means all existing and all probable future economic
				benefits obtained or controlled by a particular entity.
"Captive insurance" means insurance for which the
				insurer underwrites insurance policies solely for its parent corporation or for
				other affiliates controlled by its parent.
"Completed fiscal year" shall mean a period based upon
				generally accepted accounting practices.
"Current assets" means cash or other assets or resources
				commonly identified as those which are reasonably expected to be realized in
				cash or sold or consumed during the normal operating cycle of the
				business.
"Current liabilities" means obligations whose liquidation is
				reasonably expected to require the use of existing resources properly
				classifiable as current assets or the creation of other current
				liabilities.
"Current plugging and abandonment cost estimate" means the most
				recent of the estimates prepared in accordance with 40 CFR Part 144.62(a), (b),
				and (c) of this title.
"Independently audited' refers to an audit performed by an
				independent certified public accountant in accordance with generally accepted
				auditing standards.
"Liabilities" means probable future sacrifices of economic
				benefits arising from present obligations to transfer assets or provide
				services to other entities in the future as a result of past transactions or
				events.
"Net working capital" means current assets minus current
				liabilities.
"Net worth" means total assets minus total liabilities and is
				equivalent to owner's equity.
"Tangible net worth" means the tangible assets that remain
				after deducting liabilities; such assets would not include intangibles such as
				goodwill and rights to patents or royalties.
(g) In the liability insurance requirements
			 the terms "bodily injury" and "property damage" shall have the meanings given
			 these terms by applicable State law. However, these terms do not include those
			 liabilities which, consistent with standard industry practice, are excluded
			 from coverage in liability policies for bodily injury and property damage. The
			 Division intends the meanings of other terms used in the liability insurance
			 requirements to be consistent with their common meanings within the insurance
			 industry. The definitions given below of several of the terms are intended to
			 assist in the understanding of these rules and are not intended to limit their
			 meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence" means an accident, including continuous
				or repeated exposure to conditions, which results in bodily injury or property
				damage neither expected nor intended from the standpoint of the insured.
"Legal defense costs" means any expenses that an insurer incurs
				in defending against claims of third parties brought under the terms and
				conditions of an insurance policy.
"Nonsudden accidental occurrence" means an occurrence which
				takes place over time and involves continuous or repeated exposure.
"Sudden accidental occurrence" means an occurrence which is not
				continuous or repeated in nature.
(h) "Substantial business relationship" means
			 the extent of a business relationship necessary under applicable State law to
			 make a guarantee contract issued incident to that relationship valid and
			 enforceable. A "substantial business relationship" must arise from a pattern of
			 recent or ongoing business transactions, in addition to the guarantee itself,
			 such that a currently existing business relationship between the guarantor and
			 the owner or operator is demonstrated to the satisfaction of the Director.
§ 265.142
Cost estimate for closure
(a) The owner
			 or operator must have a detailed written estimate, in current dollars, of the
			 cost of closing the facility in accordance with the requirements in
			 §§ 265.111 through 265.115 and applicable closure requirements of
			 §§ 265.197, 265.228, 265.258, 265.280, 265.310, 265.351, 265.381,
			 265.404, and 265.1102.
(1) The estimate must
			 equal the cost of final closure at the point in the facility's active life when
			 the extent and manner of its operation would make closure the most expensive,
			 as indicated by its closure plan (see § 265.112(b)); and
(2) The closure cost estimate must be based
			 on the costs to the owner or operator of hiring a third party to close the
			 facility. A third party is a party who is neither a parent nor a subsidiary of
			 the owner or operator. (See definition of parent corporation in §
			 265.141(d).) The owner or operator may use costs for on-site disposal if he can
			 demonstrate that on-site disposal capacity will exist at all times over the
			 life of the facility.
(3) The
			 closure cost estimate may not incorporate any salvage value that may be
			 realized with the sale of hazardous wastes, or non-hazardous wastes if
			 applicable under § 265.113(d), facility structures or equipment, land, or
			 other assets associated with the facility at the time of partial or final
			 closure.
(4) The owner or operator
			 may not incorporate a zero cost for hazardous wastes, or non-hazardous wastes
			 if applicable under § 265.113(d), that might have economic
			 value.
(b) During the
			 active life of the facility, the owner or operator must adjust the closure cost
			 estimate for inflation within 60 days prior to the anniversary date of the
			 establishment of the financial instrument(s) used to comply with §
			 265.143. For owners and operators using the financial test or corporate
			 guarantee, the closure cost estimate must be updated for inflation within 30
			 days after the close of the firm's fiscal year and before submission of updated
			 information to the Director as specified in § 265.143(e)(3). The
			 adjustment may be made by recalculating the closure cost estimate in current
			 dollars, or by using an inflation factor derived from the most recent Implicit
			 Price Deflator for Gross National Product published by the U.S. Department of
			 Commerce in its Survey of Current Business, as specified in paragraphs (b)(1)
			 and (2) of this section. The inflation factor is the result of dividing the
			 latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by
			 multiplying the closure cost estimate by the inflation factor. The result is
			 the adjusted closure cost estimate.
(2) Subsequent adjustments are made by
			 multiplying the latest adjusted closure cost estimate by the latest inflation
			 factor.
(c) During the
			 active life of the facility, the owner or operator must revise the closure cost
			 estimate no later than 30 days after a revision has been made to the closure
			 plan which increases the cost of closure. If the owner or operator has an
			 approved closure plan, the closure cost estimate must be revised no later than
			 30 days after the Director has approved the request to modify the closure plan,
			 if the change in the closure plan increases the cost of closure. The revised
			 closure cost estimate must be adjusted for inflation as specified in §
			 265.142(b).
(d) The owner or
			 operator must keep the following at the facility during the operating life of
			 the facility: The latest closure cost estimate prepared in accordance with
			 §§ 265.142 (a) and (c) and, when this estimate has been adjusted in
			 accordance with § 265.142(b), the latest adjusted closure cost estimate.
§ 265.143
Financial assurance for closure
By the effective date of these rules, an owner or operator of
				each facility must establish financial assurance for closure of the facility.
				He must choose from the options as specified in paragraphs (a) through (e) of
				this section.
(a) Closure trust fund.
(1) An owner or operator may satisfy the
			 requirements of this section by establishing a closure trust fund which
			 conforms to the requirements of this paragraph and submitting an originally
			 signed duplicate of the trust agreement to the Director. The trustee must be an
			 entity which has the authority to act as a trustee and whose trust operations
			 are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
			 be identical to the wording specified in § 264.151(a)(1), and the trust
			 agreement must be accompanied by a formal certification of acknowledgment (for
			 example, see § 264.151(a)(2)). Schedule A of the trust agreement must be
			 updated within 60 days after a change in the amount of the current closure cost
			 estimate covered by the agreement.
(3) Payments into the trust fund must be made
			 annually by the owner or operator over the 20 years beginning with the
			 effective date of these rules or over the remaining operating life of the
			 facility as estimated in the closure plan, whichever period is shorter; this
			 period is hereafter referred to as the "pay-in period." The payments into the
			 closure trust fund must be made as follows:
(i) The first payment must be made by the
			 effective date of these rules, except as provided in paragraph (a)(5) of this
			 section. The first payment must be at least equal to the current closure cost
			 estimate, except as provided in § 265.143(f), divided by the number of
			 years in the pay-in period.
(ii)
			 Subsequent payments must be made no later than 30 days after each anniversary
			 date of the first payment. The amount of each subsequent payment must be
			 determined by this formula:
Click here to view
				image
where CE is the current closure cost estimate, CV is the
				current value of the trust fund, and Y is the number of years remaining in the
				pay-in period.
(4) The owner or operator may accelerate
			 payments into the trust fund or he may deposit the full amount of the current
			 closure cost estimate at the time the fund is established. However, he must
			 maintain the value of the fund at no less than the value that the fund would
			 have if annual payments were made as specified in paragraph (a)(3) of this
			 section.
(5) If the owner or
			 operator establishes a closure trust fund after having used one or more
			 alternate mechanisms specified in this section, his first payment must be in at
			 least the amount that the fund would contain if the trust fund were established
			 initially and annual payments made as specified in paragraph (a)(3) of this
			 section.
(6) After the pay-in
			 period is completed, whenever the current closure cost estimate changes, the
			 owner or operator must compare the new estimate with the trustee's most recent
			 annual valuation of the trust fund. If the value of the fund is less than the
			 amount of the new estimate, the owner or operator, within 60 days after the
			 change in the cost estimate, must either deposit an amount into the fund so
			 that its value after this deposit at least equals the amount of the current
			 closure cost estimate, or obtain other financial assurance as specified in this
			 section to cover the difference.
(7) If the value of the trust fund is greater
			 than the total amount of the current closure cost estimate, the owner or
			 operator may submit a written request to the Director for release of the amount
			 in excess of the current closure cost estimate.
(8) If an owner or operator substitutes other
			 financial assurance as specified in this section for all or part of the trust
			 fund, he may submit a written request to the Director for release of the amount
			 in excess of the current closure cost estimate covered by the trust
			 fund.
(9) Within 60 days after
			 receiving a request from the owner or operator for release of funds as
			 specified in paragraph (a) (7) or (8) of this section, the Director will
			 instruct the trustee to release to the owner or operator such funds as the
			 Director specifies in writing.
(10)
			 After beginning partial or final closure, an owner or operator or another
			 person authorized to conduct partial or final closure may request
			 reimbursements for partial or final closure expenditures by submitting itemized
			 bills to the Director. The owner or operator may request reimbursements for
			 partial closure only if sufficient funds are remaining in the trust fund to
			 cover the maximum costs of closing the facility over its remaining operating
			 life. No later than 60 days after receiving bills for partial or final closure
			 activities, the Director will instruct the trustee to make reimbursements in
			 those amounts as the Director specifies in writing, if the Director determines
			 that the partial or final closure expenditures are in accordance with the
			 approved closure plan, or otherwise justified. If the Director has reason to
			 believe that the maximum cost of closure over the remaining life of the
			 facility will be significantly greater than the value of the trust fund, he may
			 withhold reimbursements of such amounts as he deems prudent until he
			 determines, in accordance with § 265.143(h) that the owner or operator is
			 no longer required to maintain financial assurance for final closure of the
			 facility. If the Director does not instruct the trustee to make such
			 reimbursements, he will provide to the owner or operator a detailed written
			 statement of reasons. (11) The Director will agree to termination of the trust
			 when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 265.143(h).
(b) Surety bond guaranteeing payment into a
			 closure trust fund.
(1) An owner or operator
			 may satisfy the requirements of this section by obtaining a surety bond which
			 conforms to the requirements of this paragraph and submitting the bond to the
			 Director. The surety company issuing the bond must, at a minimum, be among
			 those listed as acceptable sureties on Federal bonds in Circular 570 of the
			 U.S. Department of the Treasury.
(2) The wording of the surety bond must be
			 identical to the wording specified in § 264.151(b).
(3) The owner or operator who uses a surety
			 bond to satisfy the requirements of this section must also establish a standby
			 trust fund. Under the terms of the bond, all payments made thereunder will be
			 deposited by the surety directly into the standby trust fund in accordance with
			 instructions from the Director. This standby trust fund must meet the
			 requirements specified in § 265.143(a), except that:
(i) An originally signed duplicate of the
			 trust agreement must be submitted to the Director with the surety bond;
			 and
(ii) Until the standby trust
			 fund is funded pursuant to the requirements of this section, the following are
			 not required by these rules:
(A) Payments into
			 the trust fund as specified in § 265.143(a);
(B) Updating of Schedule A of the trust
			 agreement (see § 264.151(a)) to show current closure cost
			 estimates;
(C) Annual valuations as
			 required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The bond must guarantee that the owner or
			 operator will:
(i) Fund the standby trust fund
			 in an amount equal to the penal sum of the bond before the beginning of final
			 closure of the facility; or
(ii)
			 Fund the standby trust fund in an amount equal to the penal sum within 15 days
			 after an administrative order to begin final closure issued by the Director
			 becomes final, or within 15 days after an order to begin final closure is
			 issued by a U.S. district court or other court of competent jurisdiction;
			 or
(iii) Provide alternate
			 financial assurance as specified in this section, and obtain the Director's
			 written approval of the assurance provided, within 90 days after receipt by
			 both the owner or operator and the Director of a notice of cancellation of the
			 bond from the surety.
(5) Under the terms of the bond, the surety
			 will become liable on the bond obligation when the owner or operator fails to
			 perform as guaranteed by the bond.
(6) The penal sum of the bond must be in an
			 amount at least equal to the current closure cost estimate, except as provided
			 in § 265.143(f).
(7) Whenever
			 the current closure cost estimate increases to an amount greater than the penal
			 sum, the owner or operator, within 60 days after the increase, must either
			 cause the penal sum to be increased to an amount at least equal to the current
			 closure cost estimate and submit evidence of such increase to the Director, or
			 obtain other financial assurance as specified in this section to cover the
			 increase. Whenever the current closure cost estimate decreases, the penal sum
			 may be reduced to the amount of the current closure cost estimate following
			 written approval by the Director.
(8) Under the terms of the bond, the surety
			 may cancel the bond by sending notice of cancellation by certified mail to the
			 owner or operator and to the Director. Cancellation may not occur, however,
			 during the 120 days beginning on the date of receipt of the notice of
			 cancellation by both the owner or operator and the Director, as evidenced by
			 the return receipts.
(9) The owner
			 or operator may cancel the bond if the Director has given prior written consent
			 based on his receipt of evidence of alternate financial assurance as specified
			 in this section.
(c)
			 Closure letter of credit.
(1) An owner or
			 operator may satisfy the requirements of this section by obtaining an
			 irrevocable standby letter of credit which conforms to the requirements of this
			 paragraph and submitting the letter to the Director. The issuing institution
			 must be an entity which has the authority to issue letters of credit and whose
			 letter-of-credit operations are regulated and examined by a Federal or State
			 agency.
(2) The wording of the
			 letter of credit must be identical to the wording specified in §
			 264.151(d).
(3) An owner or
			 operator who uses a letter of credit to satisfy the requirements of this
			 section must also establish a standby trust fund. Under the terms of the letter
			 of credit, all amounts paid pursuant to a draft by the Director will be
			 deposited by the issuing institution directly into the standby trust fund in
			 accordance with instructions from the Director. This standby trust fund must
			 meet the requirements of the trust fund specified in § 265.143(a), except
			 that:
(i) An originally signed duplicate of
			 the trust agreement must be submitted to the Director with the letter of
			 credit; and
(ii) Unless the standby
			 trust fund is funded pursuant to the requirements of this section, the
			 following are not required by these rules:
(A) Payments into the trust fund as specified
			 in § 265.143(a);
(B) Updating
			 of Schedule A of the trust agreement (see § 264.151(a)) to show current
			 closure cost estimates;
(C) Annual
			 valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The letter of credit must be accompanied
			 by a letter from the owner or operator referring to the letter of credit by
			 number, issuing institution, and date, and providing the following information:
			 The EPA Identification Number, name, and address of the facility, and the
			 amount of funds assured for closure of the facility by the letter of
			 credit.
(5) The letter of credit
			 must be irrevocable and issued for a period of at least 1 year. The letter of
			 credit must provide that the expiration date will be automatically extended for
			 a period of at least 1 year unless, at least 120 days before the current
			 expiration date, the issuing institution notifies both the owner or operator
			 and the Director by certified mail of a decision not to extend the expiration
			 date. Under the terms of the letter of credit, the 120 days will begin on the
			 date when both the owner or operator and the Director have received the notice,
			 as evidenced by the return receipts.
(6) The letter of credit must be issued in an
			 amount at least equal to the current closure cost estimate, except as provided
			 in § 265.143(f).
(7) Whenever
			 the current closure cost estimate increases to an amount greater than the
			 amount of the credit, the owner or operator, within 60 days after the increase,
			 must either cause the amount of the credit to be increased so that it at least
			 equals the current closure cost estimate and submit evidence of such increase
			 to the Director, or obtain other financial assurance as specified in this
			 section to cover the increase. Whenever the current closure cost estimate
			 decreases, the amount of the credit may be reduced to the amount of the current
			 closure cost estimate following written approval by the Director.
(8) Following a final administrative
			 determination pursuant to section 3008 of RCRA that the owner or operator has
			 failed to perform final closure in accordance with the approved closure plan
			 when required to do so, the Director may draw on the letter of
			 credit.
(9) If the owner or
			 operator does not establish alternate financial assurance as specified in this
			 section and obtain written approval of such alternate assurance from the
			 Director within 90 days after receipt by both the owner or operator and the
			 Director of a notice from the issuing institution that it has decided not to
			 extend the letter of credit beyond the current expiration date, the Director
			 will draw on the letter of credit. The Director may delay the drawing if the
			 issuing institution grants an extension of the term of the credit. During the
			 last 30 days of any such extension the Director will draw on the letter of
			 credit if the owner or operator has failed to provide alternate financial
			 assurance as specified in this section and obtain written approval of such
			 assurance from the Director.
(10)
			 The Director will return the letter of credit to the issuing institution for
			 termination when:
(i) An owner or operator
			 substitutes alternate financial assurance as specified in this section;
			 or
(ii) The Director releases the
			 owner or operator from the requirements of this section in accordance with
			 § 265.143(h).
(d) Closure insurance.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining closure insurance which conforms to
			 the requirements of this paragraph and submitting a certificate of such
			 insurance to the Director. By the effective date of these rules the owner or
			 operator must submit to the Director a letter from an insurer stating that the
			 insurer is considering issuance of closure insurance conforming to the
			 requirements of this paragraph to the owner or operator. Within 90 days after
			 the effective date of these rules, the owner or operator must submit the
			 certificate of insurance
and a copy of the applicable insurance policy
to the Director or establish other financial assurance as specified
			 in this section. At a minimum, the insurer must be 1) licensed to transact the
			 business of insurance, or eligible to provide insurance as an excess or surplus
			 lines insurer
as recognized by the Arkansas Insurance Department; and
			 2) have a current rating of AAA, AA, or A as rated by Standard & Poor's;
			 Aaa, Aa, or A if rated by Moody's, or A++, A+, A, or A- if rated by A.M. Best.
			 Captive insurance shall not be used to provide financial assurance under the
			 requirements of this Rule.
(2) The wording of the certificate of
			 insurance must be identical to the wording specified in §
			 264.151(e).
(3) The closure
			 insurance policy must be issued for a face amount at least equal to the current
			 closure cost estimate, except as provided in § 265.143(f). The term "face
			 amount" means the total amount the insurer is obligated to pay under the
			 policy. Actual payments by the insurer will not change the face amount,
			 although the insurer's future liability will be lowered by the amount of the
			 payments.
(4) The closure insurance
			 policy must guarantee that funds will be available to close the facility
			 whenever final closure occurs. The policy must also guarantee that once final
			 closure begins, the insurer will be responsible for paying out funds, up to an
			 amount equal to the face amount of the policy, upon the direction of the
			 Director, to such party or parties as the Director specifies.
(5) After beginning partial or final closure,
			 an owner or operator or any other person authorized to conduct closure may
			 request reimbursements for closure expenditures by submitting itemized bills to
			 the Director. The owner or operator may request reimbursements for partial
			 closure only if the remaining value of the policy is sufficient to cover the
			 maximum costs of closing the facility over its remaining operating life. Within
			 60 days after receiving bills for closure activities, the Director will
			 instruct the insurer to make reimbursements in such amounts as the Director
			 specifies in writing if the Director determines that the partial or final
			 closure expenditures are in accordance with the approved closure plan or
			 otherwise justified. If the Director has reason to believe that the maximum
			 cost of closure over the remaining life of the facility will be significantly
			 greater than the face amount of the policy, he may withhold reimbursement of
			 such amounts as he deems prudent until he determines, in accordance with §
			 265.143(h), that the owner or operator is no longer required to maintain
			 financial assurance for final closure of the particular facility. If the
			 Director does not instruct the insurer to make such reimbursements, he will
			 provide to the owner or operator a detailed written statement of
			 reasons.
(6) The owner or operator
			 must maintain the policy in full force and effect until the Director consents
			 to termination of the policy by the owner or operator as specified in paragraph
			 (d)(10) of this section. Failure to pay the premium, without substitution of
			 alternate financial assurance as specified in this section, will constitute a
			 significant violation of these rules, warranting such remedy as the Director
			 deems necessary. Such violation will be deemed to begin upon receipt by the
			 Director of a notice of future cancellation, termination, or failure to renew
			 due to nonpayment of the premium, rather than upon the date of
			 expiration.
(7) Each policy must
			 contain a provision allowing assignment of the policy to a successor owner or
			 operator. Such assignment may be conditional upon consent of the insurer,
			 provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer
			 may not cancel, terminate, or fail to renew the policy except for failure to
			 pay the premium. The automatic renewal of the policy must, at a minimum,
			 provide the insured with the option of renewal at the face amount of the
			 expiring policy. If there is a failure to pay the premium, the insurer may
			 elect to cancel, terminate, or fail to renew the policy by sending notice by
			 certified mail to the owner or operator and the Director. Cancellation,
			 termination, or failure to renew may not occur, however, during the 120 days
			 beginning with the date of receipt of the notice by both the Director and the
			 owner or operator, as evidenced by the return receipts. Cancellation,
			 termination, or failure to renew may not occur and the policy will remain in
			 full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
			 abandoned; or
(ii) Interim status
			 is terminated or revoked; or
(iii)
			 Closure is ordered by the Director or a U.S. district court or other court of
			 competent jurisdiction; or
(iv) The
			 owner or operator is named as debtor in a voluntary or involuntary proceeding
			 under Title 11 (Bankruptcy), U.S. Code; or
(v) The premium due is
			 paid.
(9) Whenever the
			 current closure cost estimate increases to an amount greater than the face
			 amount of the policy, the owner or operator, within 60 days after the increase,
			 must either cause the face amount to be increased to an amount at least equal
			 to the current closure cost estimate and submit evidence of such increase to
			 the Director, or obtain other financial assurance as specified in this section
			 to cover the increase. Whenever the current closure cost estimate decreases,
			 the face amount may be reduced to the amount of the current closure cost
			 estimate following written approval by the Director.
(10) The Director will give written consent
			 to the owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 265.143(h).
(e) Financial test and corporate guarantee
			 for closure.
(1) An owner or operator may
			 satisfy the requirements of this section by demonstrating that he passes a
			 financial test as specified in this paragraph. To pass this test the owner or
			 operator must meet the criteria of either paragraph (e)(1)(i) or (ii) of this
			 section:
(i) The owner or operator must have:
(A) Two of the following three ratios: A
			 ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
			 net income plus depreciation, depletion, and amortization to total liabilities
			 greater than 0.1; and a ratio of current assets to current liabilities greater
			 than 1.5; and
(B) Net working
			 capital and tangible net worth each at least six times the sum of the current
			 closure and post-closure cost estimates and the current plugging and
			 abandonment cost estimates; and
(C)
			 Tangible net worth of at least $10 million; and
(D) Assets located in the United States
			 amounting to at least 90 percent of total assets or at least six times the sum
			 of the current closure and post-closure cost estimates and the current plugging
			 and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
			 issuance of AAA, AA, A, or BBB as
* issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued
				by Moody's ; and
(B)
			 Tangible net worth at least six times the sum of the current closure and
			 post-closure cost estimates and the current plugging and abandonment cost
			 estimates; and
(C) Tangible net
			 worth of at least $10 million; and
(D) Assets located in the United States
			 amounting to at least 90 percent of total assets or at least six times the sum
			 of the current closure and post-closure cost estimates and the current plugging
			 and abandonment cost estimates.
(2) The phrase "current closure and
			 post-closure cost estimates" as used in paragraph (e)(1) of this section refers
			 to the cost estimates required to be shown in paragraphs 1-4 of the letter from
			 the owner's or operator's chief financial officer (§ 264.151(f)). The
			 phrase "current plugging and abandonment cost estimates" as used in paragraph
			 (e)(1) of this section refers to the cost estimates required to be shown in
			 paragraphs 1-4 of the letter from the owner's or operator's chief financial
			 officer (§ 144.70(f) of this title).
(3) To demonstrate that he meets this test,
			 the owner or operator must submit the following items to the Director:
(i) A letter signed by the owner's or
			 operator's chief financial officer and worded as specified in §
			 264.151(f); and
(ii) A copy of the
			 independent certified public accountant's report on examination of the owner's
			 or operator's financial statements for the latest completed fiscal year;
			 and
(iii) A special report from the
			 owner's or operator's independent certified public accountant to the owner or
			 operator stating that:
(A) He has compared the
			 data which the letter from the chief financial officer specifies as having been
			 derived from the independently audited, year-end financial statements for the
			 latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
			 matters came to his attention which caused him to believe that the specified
			 data should be adjusted;
and
(iv)
A copy of the owner's or
			 operator's independently audited financial statements for the latest completed
			 fiscal year, with all notes and attachments.
(4) The owner or operator may obtain an
			 extension of the time allowed for submission of the documents specified in
			 paragraph (e)(3) of this section if the fiscal year of the owner or operator
			 ends during the 90 days prior to the effective date of these rules and if the
			 year-end financial statements for that fiscal year will be audited by an
			 independent certified public accountant. The extension will end no later than
			 90 days after the end of the owner's or operator's fiscal year. To obtain the
			 extension, the owner's or operator's chief financial officer must send, by the
			 effective date of these rules, a letter to the Director. This letter from the
			 chief financial officer must:
(i) Request the
			 extension;
(ii) Certify that he has
			 grounds to believe that the owner or operator meets the criteria of the
			 financial test;
(iii) Specify for
			 each facility to be covered by the test the EPA Identification Number, name,
			 address, and current closure and post-closure cost estimates to be covered by
			 the test;
(iv) Specify the date
			 ending the owner's or operator's last complete fiscal year before the effective
			 date of these rules;
(v) Specify
			 the date, no later than 90 days after the end of such fiscal year, when he will
			 submit the documents specified in paragraph (e)(3) of this section;
			 and
(vi) Certify that the year-end
			 financial statements of the owner or operator for such fiscal year will be
			 audited by an independent certified public accountant.
(5) After the initial submission of items
			 specified in paragraph (e)(3) of this section, the owner or operator must send
			 updated information to the Director within 90 days after the close of each
			 succeeding fiscal year. This information must consist of all
four
items specified in paragraph (e)(3) of this section.
(6) If the owner or operator no longer meets
			 the requirements of paragraph (e)(1) of this section, he must send notice to
			 the Director of intent to establish alternate financial assurance as specified
			 in this section. The notice must be sent by certified mail within 90 days after
			 the end of the fiscal year for which the year-end financial data show that the
			 owner or operator no longer meets the requirements. The owner or operator must
			 provide the alternate financial assurance within 120 days after the end of such
			 fiscal year.
(7) The Director may,
			 based on a reasonable belief that the owner or operator may no longer meet the
			 requirements of paragraph (e)(1) of this section, require reports of financial
			 condition at any time from the owner or operator in addition to those specified
			 in paragraph (e)(3) of this section. If the Director finds, on the basis of
			 such reports or other information, that the owner or operator no longer meets
			 the requirements of paragraph (e)(1) of this section, the owner or operator
			 must provide alternate financial assurance as specified in this section within
			 30 days after notification of such a finding.
(8) The Director may disallow use of this
			 test on the basis of qualifications in the opinion expressed by the independent
			 certified public accountant in his report on examination of the owner's or
			 operator's financial statements (see paragraph (e)(3)(ii) of this section). An
			 adverse opinion or a disclaimer of opinion will be cause for disallowance. The
			 Director will evaluate other qualifications on an individual basis. The owner
			 or operator must provide alternate financial assurance as specified in this
			 section within 30 days after notification of the disallowance.
(9) The owner or operator is no longer
			 required to submit the items specified in paragraph (e)(3) of this section
			 when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 265.143(h).
(10) An
			 owner or operator may meet the requirements of this section by obtaining a
			 written guarantee. The guarantor must be the direct or higher-tier parent
			 corporation of the owner or operator, a firm whose parent corporation is also
			 the parent corporation of the owner or operator, or a firm with a "substantial
			 business relationship" with the owner or operator. The guarantor must meet the
			 requirements for owners or operators in paragraphs (e)(1) through (8) of this
			 section and must comply with the terms of the guarantee. The wording of the
			 guarantee must be identical to the wording specified in § 264.151(h). A
			 certified copy of the guarantee must accompany the items sent to the Director
			 as specified in paragraph (e)(3) of this section. One of these items must be
			 the letter from the guarantor's chief financial officer. If the guarantor's
			 parent corporation is also the parent corporation of the owner or operator, the
			 letter must describe the value received in consideration of the guarantee. If
			 the guarantor is a firm with a "substantial business relationship" with the
			 owner or operator, this letter must describe this "substantial business
			 relationship" and the value received in consideration of the guarantee. The
			 terms of the guarantee must provide that:
(i)
			 If the owner or operator fails to perform final closure of a facility covered
			 by the corporate guarantee in accordance with the closure plan and other
			 interim status requirements whenever required to do so, the guarantor will do
			 so or establish a trust fund as specified in § 265.143(a) in the name of
			 the owner or operator.
(ii) The
			 corporate guarantee will remain in force unless the guarantor sends notice of
			 cancellation by certified mail to the owner or operator and to the Director.
			 Cancellation may not occur, however, during the 120 days beginning on the date
			 of receipt of the notice of cancellation by both the owner or operator and the
			 Director, as evidenced by the return receipts.
(iii) If the owner or operator fails to
			 provide alternate financial assurance as specified in this section and obtain
			 the written approval of such alternate assurance from the Director within 90
			 days after receipt by both the owner or operator and the Director of a notice
			 of cancellation of the corporate guarantee from the guarantor, the guarantor
			 will provide such alternate financial assurance in the name of the owner or
			 operator.
(f)
			 Use of multiple financial mechanisms. An owner or operator may satisfy the
			 requirements of this section by establishing more than one financial mechanism
			 per facility. These mechanisms are limited to trust funds, surety bonds,
			 letters of credit, and insurance. The mechanisms must be as specified in
			 paragraphs (a) through (d), respectively, of this section, except that it is
			 the combination of mechanisms, rather than the single mechanism, which must
			 provide financial assurance for an amount at least equal to the current closure
			 cost estimate. If an owner or operator uses a trust fund in combination with a
			 surety bond or a letter of credit, he may use the trust fund as the standby
			 trust fund for the other mechanisms. A single standby trust fund may be
			 established for two or more mechanisms. The Director may use any or all of the
			 mechanisms to provide for closure of the facility.
(g) Use of a financial mechanism for multiple
			 facilities. An owner or operator may use a financial assurance mechanism
			 specified in this section to meet the requirements of this section for more
			 than one facility. Evidence of financial assurance submitted to the Director
			 must include a list showing, for each facility, the EPA Identification Number,
			 name, address, and the amount of funds for closure assured by the mechanism. If
			 the facilities covered by the mechanism are in more than one Region, identical
			 evidence of financial assurance must be submitted to and maintained with the
			 Directors of all such Regions. The amount of funds available through the
			 mechanism must be no less than the sum of funds that would be available if a
			 separate mechanism had been established and maintained for each facility. In
			 directing funds available through the mechanism for closure of any of the
			 facilities covered by the mechanism, the Director may direct only the amount of
			 funds designated for that facility, unless the owner or operator agrees to the
			 use of additional funds available under the mechanism.
(h) Release of the owner or operator from the
			 requirements of this section. Within 60 days after receiving certifications
			 from the owner or operator and an independent qualified Arkansas-registered
			 professional engineer that final closure has been completed in accordance with
			 the approved closure plan, the Director will notify the owner or operator in
			 writing that he is no longer required by this section to maintain financial
			 assurance for final closure of the facility, unless the Director has reason to
			 believe that final closure has not been in accordance with the approved closure
			 plan. The Director shall provide the owner or operator a detailed written
			 statement of any such reason to believe that closure has not been in accordance
			 with the approved closure plan.
§ 265.144
Cost estimate for
			 post-closure care
(a) The owner or
			 operator of a hazardous waste disposal unit must have a detailed written
			 estimate, in current dollars, of the annual cost of post-closure monitoring and
			 maintenance of the facility in accordance with the applicable post-closure
			 rules in §§ 265.117 through 265.120, 265.228, 265.258, 265.280, and
			 265.310.
(1) The post-closure cost estimate
			 must be based on the costs to the owner or operator of hiring a third party to
			 conduct post-closure care activities. A third party is a party who is neither a
			 parent nor subsidiary of the owner or operator. (See definition of parent
			 corporation in § 265.141(d).)
(2) The post-closure cost estimate is
			 calculated by multiplying the annual post-closure cost estimate by the number
			 of years of post-closure care required under §
			 265.117.
(b) During the
			 active life of the facility, the owner or operator must adjust the post-closure
			 cost estimate for inflation within 60 days prior to the anniversary date of the
			 establishment of the financial instrument(s) used to comply with §
			 265.145. For owners or operators using the financial test or corporate
			 guarantee, the post-closure care cost estimate must be updated for inflation no
			 later than 30 days after the close of the firm's fiscal year and before
			 submission of updated information to the Director as specified in §
			 265.145(d)(5). The adjustment may be made by recalculating the post-closure
			 cost estimate in current dollars or by using an inflation factor derived from
			 the most recent Implicit Price Deflator for Gross National Product published by
			 the U.S. Department of Commerce in its Survey of Current Business as specified
			 in § 265.145 (b)(1) and (2). The inflation factor is the result of
			 dividing the latest published annual Deflator by the Deflator for the previous
			 year.
(1) The first adjustment is made by
			 multiplying the post-closure cost estimate by the inflation factor. The result
			 is the adjusted post-closure cost estimate.
(2) Subsequent adjustments are made by
			 multiplying the latest adjusted post-closure cost estimate by the latest
			 inflation factor.
(c)
			 During the active life of the facility, the owner or operator must revise the
			 post-closure cost estimate no later than 30 days after a revision to the
			 post-closure plan which increases the cost of post-closure care. If the owner
			 or operator has an approved post-closure plan, the post-closure cost estimate
			 must be revised no later than 30 days after the Director has approved the
			 request to modify the plan, if the change in the post-closure plan increases
			 the cost of post-closure care. The revised post-closure cost estimate must be
			 adjusted for inflation as specified in § 265.144(b).
(d) The owner or operator must keep the
			 following at the facility during the operating life of the facility: the latest
			 post-closure cost estimate prepared in accordance with § 265.144 (a) and
			 (c) and, when this estimate has been adjusted in accordance with §
			 265.144(b), the latest adjusted post-closure cost estimate.
§ 265.145
Financial assurance for post-closure care
By the effective date of these rules, an owner or operator of a
				facility with a hazardous waste disposal unit must establish financial
				assurance for post-closure care of the disposal unit(s).
(a) Post-closure trust fund.
(1) An owner or operator may satisfy the
			 requirements of this section by establishing a post-closure trust fund which
			 conforms to the requirements of this paragraph and submitting an originally
			 signed duplicate of the trust agreement to the Director. The trustee must be an
			 entity which has the authority to act as a trustee and whose trust operations
			 are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
			 be identical to the wording specified in § 264.151(a)(1), and the trust
			 agreement must be accompanied by a formal certification of acknowledgment (for
			 example, see § 264.151(a)(2)). Schedule A of the trust agreement must be
			 updated within 60 days after a change in the amount of the current post-closure
			 cost estimate covered by the agreement.
(3) Payments into the trust fund must be made
			 annually by the owner or operator over the 20 years beginning with the
			 effective date of these rules or over the remaining operating life of the
			 facility as estimated in the closure plan, whichever period is shorter; this
			 period is hereafter referred to as the "pay-in period." The payments into the
			 post-closure trust fund must be made as follows:
(i) The first payment must be made by the
			 effective date of these rules, except as provided in paragraph (a)(5) of this
			 section. The first payment must be at least equal to the current post-closure
			 cost estimate, except as provided in § 265.145(f), divided by the number
			 of years in the pay-in period.
(ii)
			 Subsequent payments must be made no later than 30 days after each anniversary
			 date of the first payment. The amount of each subsequent payment must be
			 determined by this formula:
Click here to view
				image
where CE is the current post-closure cost estimate, CV is the
				current value of the trust fund, and Y is the number of years remaining in the
				pay-in period.
(4)
			 The owner or operator may accelerate payments into the trust fund or he may
			 deposit the full amount of the current post-closure cost estimate at the time
			 the fund is established. However, he must maintain the value of the fund at no
			 less than the value that the fund would have if annual payments were made as
			 specified in paragraph (a)(3) of this section.
(5) If the owner or operator establishes a
			 post-closure trust fund after having used one or more alternate mechanisms
			 specified in this section, his first payment must be in at least the amount
			 that the fund would contain if the trust fund were established initially and
			 annual payments made as specified in paragraph (a)(3) of this
			 section.
(6) After the pay-in
			 period is completed, whenever the current post-closure cost estimate changes
			 during the operating life of the facility, the owner or operator must compare
			 the new estimate with the trustee's most recent annual valuation of the trust
			 fund. If the value of the fund is less than the amount of the new estimate, the
			 owner or operator, within 60 days after the change in the cost estimate, must
			 either deposit an amount into the fund so that its value after this deposit at
			 least equals the amount of the current post-closure cost estimate, or obtain
			 other financial assurance as specified in this section to cover the
			 difference.
(7) During the
			 operating life of the facility, if the value of the trust fund is greater than
			 the total amount of the current post-closure cost estimate, the owner or
			 operator may submit a written request to the Director for release of the amount
			 in excess of the current post-closure cost estimate.
(8) If an owner or operator substitutes other
			 financial assurance as specified in this section for all or part of the trust
			 fund, he may submit a written request to the Director for release of the amount
			 in excess of the current post-closure cost estimate covered by the trust
			 fund.
(9) Within 60 days after
			 receiving a request from the owner or operator for release of funds as
			 specified in paragraph (a) (7) or (8) of this section, the Director will
			 instruct the trustee to release to the owner or operator such funds as the
			 Director specifies in writing.
(10)
			 During the period of post-closure care, the Director may approve a release of
			 funds if the owner or operator demonstrates to the Director that the value of
			 the trust fund exceeds the remaining cost of post-closure care.
(11) An owner or operator or any other person
			 authorized to conduct post-closure care may request reimbursements for
			 post-closure expenditures by submitting itemized bills to the Director. Within
			 60 days after receiving bills for post-closure care activities, the Director
			 will instruct the trustee to make reimbursements in those amounts as the
			 Director specifies in writing, if the Director determines that the post-closure
			 expenditures are in accordance with the approved post-closure plan or otherwise
			 justified. If the Director does not instruct the trustee to make such
			 reimbursements, he will provide the owner or operator with a detailed written
			 statement of reasons.
(12) The
			 Director will agree to termination of the trust when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 265.145(h).
(b) Surety bond guaranteeing payment into a
			 post-closure trust fund.
(1) An owner or
			 operator may satisfy the requirements of this section by obtaining a surety
			 bond which conforms to the requirements of this paragraph and submitting the
			 bond to the Director. The surety company issuing the bond must, at a minimum,
			 be among those listed as acceptable sureties on Federal bonds in Circular 570
			 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be
			 identical to the wording specified in § 264.151(b).
(3) The owner or operator who uses a surety
			 bond to satisfy the requirements of this section must also establish a standby
			 trust fund. Under the terms of the bond, all payments made thereunder will be
			 deposited by the surety directly into the standby trust fund in accordance with
			 instructions from the Director. This standby trust fund must meet the
			 requirements specified in § 265.145(a), except that:
(i) An originally signed duplicate of the
			 trust agreement must be submitted to the Director with the surety bond;
			 and
(ii) Until the standby trust
			 fund is funded pursuant to the requirements of this section, the following are
			 not required by these rules:
(A) Payments into
			 the trust fund as specified in § 265.145(a);
(B) Updating of Schedule A of the trust
			 agreement (see § 264.151(a)) to show current post-closure cost
			 estimates;
(C) Annual valuations as
			 required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The bond must guarantee that the owner or
			 operator will:
(i) Fund the standby trust fund
			 in an amount equal to the penal sum of the bond before the beginning of final
			 closure of the facility; or
(ii)
			 Fund the standby trust fund in an amount equal to the penal sum within 15 days
			 after an administrative order to begin final closure issued by the Director
			 becomes final, or within 15 days after an order to begin final closure is
			 issued by a U.S. district court or other court of competent jurisdiction;
			 or
(iii) Provide alternate
			 financial assurance as specified in this section, and obtain the Director's
			 written approval of the assurance provided, within 90 days after receipt by
			 both the owner or operator and the Director of a notice of cancellation of the
			 bond from the surety.
(5) Under the terms of the bond, the surety
			 will become liable on the bond obligation when the owner or operator fails to
			 perform as guaranteed by the bond.
(6) The penal sum of the bond must be in an
			 amount at least equal to the current post-closure cost estimate, except as
			 provided in § 265.145(f).
(7)
			 Whenever the current post-closure cost estimate increases to an amount greater
			 than the penal sum, the owner or operator, within 60 days after the increase,
			 must either cause the penal sum to be increased to an amount at least equal to
			 the current post-closure cost estimate and submit evidence of such increase to
			 the Director, or obtain other financial assurance as specified in this section
			 to cover the increase. Whenever the current post-closure cost estimate
			 decreases, the penal sum may be reduced to the amount of the current
			 post-closure cost estimate following written approval by the
			 Director.
(8) Under the terms of
			 the bond, the surety may cancel the bond by sending notice of cancellation by
			 certified mail to the owner or operator and to the Director. Cancellation may
			 not occur, however, during the 120 days beginning on the date of receipt of the
			 notice of cancellation by both the owner or operator and the Director, as
			 evidenced by the return receipts.
(9) The owner or operator may cancel the bond
			 if the Director has given prior written consent based on his receipt of
			 evidence of alternate financial assurance as specified in this
			 section.
(c) Post-closure
			 letter of credit.
(1) An owner or operator
			 may satisfy the requirements of this section by obtaining an irrevocable
			 standby letter of credit which conforms to the requirements of this paragraph
			 and submitting the letter to the Director. The issuing institution must be an
			 entity which has the authority to issue letters of credit and whose
			 letter-of-credit operations are regulated and examined by a Federal or State
			 agency.
(2) The wording of the
			 letter of credit must be identical to the wording specified in §
			 264.151(d).
(3) An owner or
			 operator who uses a letter of credit to satisfy the requirements of this
			 section must also establish a standby trust fund. Under the terms of the letter
			 of credit, all amounts paid pursuant to a draft by the Director will be
			 deposited by the issuing institution directly into the standby trust fund in
			 accordance with instructions from the Director. This standby trust fund must
			 meet the requirements of the trust fund specified in § 265.145(a), except
			 that:
(i) An originally signed duplicate of
			 the trust agreement must be submitted to the Director with the letter of
			 credit; and
(ii) Unless the standby
			 trust fund is funded pursuant to the requirements of this section, the
			 following are not required by these rules:
(A) Payments into the trust fund as specified
			 in § 265.145(a);
(B) Updating
			 of Schedule A of the trust agreement (see § 264.151(a)) to show current
			 post-closure cost estimates;
(C)
			 Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the
			 trust agreement.
(4) The letter of credit must be accompanied
			 by a letter from the owner or operator referring to the letter of credit by
			 number, issuing institution, and date, and providing the following information:
			 The EPA Identification Number, name, and address of the facility, and the
			 amount of funds assured for post-closure care of the facility by the letter of
			 credit.
(5) The letter of credit
			 must be irrevocable and issued for a period of at least 1 year. The letter of
			 credit must provide that the expiration date will be automatically extended for
			 a period of at least 1 year unless, at least 120 days before the current
			 expiration date, the issuing institution notifies both the owner or operator
			 and the Director by certified mail of a decision not to extend the expiration
			 date. Under the terms of the letter of credit, the 120 days will begin on the
			 date when both the owner or operator and the Director have received the notice,
			 as evidenced by the return receipts.
(6) The letter of credit must be issued in an
			 amount at least equal to the current post-closure cost estimate, except as
			 provided in § 265.145(f).
(7)
			 Whenever the current post-closure cost estimate increases to an amount greater
			 than the amount of the credit during the operating life of the facility, the
			 owner or operator, within 60 days after the increase, must either cause the
			 amount of the credit to be increased so that it at least equals the current
			 post-closure cost estimate and submit evidence of such increase to the
			 Director, or obtain other financial assurance as specified in this section to
			 cover the increase. Whenever the current post-closure cost estimate decreases
			 during the operating life of the facility, the amount of the credit may be
			 reduced to the amount of the current post-closure cost estimate following
			 written approval by the Director.
(8) During the period of post-closure care,
			 the Director may approve a decrease in the amount of the letter of credit if
			 the owner or operator demonstrates to the Director that the amount exceeds the
			 remaining cost of post-closure care.
(9) Following a final administrative
			 determination pursuant to section 3008 of RCRA that the owner or operator has
			 failed to perform post-closure care in accordance with the approved
			 post-closure plan and other permit requirements, the Director may draw on the
			 letter of credit.
(10) If the owner
			 or operator does not establish alternate financial assurance as specified in
			 this section and obtain written approval of such alternate assurance from the
			 Director within 90 days after receipt by both the owner or operator and the
			 Director of a notice from the issuing institution that it has decided not to
			 extend the letter of credit beyond the current expiration date, the Director
			 will draw on the letter of credit. The Director may delay the drawing if the
			 issuing institution grants an extension of the term of the credit. During the
			 last 30 days of any such extension the Director will draw on the letter of
			 credit if the owner or operator has failed to provide alternate financial
			 assurance as specified in this section and obtain written approval of such
			 assurance from the Director.
(11)
			 The Director will return the letter of credit to the issuing institution for
			 termination when:
(i) An owner or operator
			 substitutes alternate financial assurance as specified in this section;
			 or
(ii) The Director releases the
			 owner or operator from the requirements of this section in accordance with
			 § 265.145(h).
(d) Post-closure insurance.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining post-closure insurance which conforms
			 to the requirements of this paragraph and submitting a certificate of such
			 insurance to the Director. By the effective date of these rules the owner or
			 operator must submit to the Director a letter from an insurer stating that the
			 insurer is considering issuance of post-closure insurance conforming to the
			 requirements of this paragraph to the owner or operator. Within 90 days after
			 the effective date of these rules, the owner or operator must submit the
			 certificate of insurance to the Director or establish other financial assurance
			 as specified in this section. At a minimum, the insurer must be licensed to
			 transact the business of insurance, or eligible to provide insurance as an
			 excess or surplus lines insurer, in one or more States.
(2) The wording of the certificate of
			 insurance must be identical to the wording specified in §
			 264.151(e).
(3) The post-closure
			 insurance policy must be issued for a face amount at least equal to the current
			 post-closure cost estimate, except as provided in § 265.145(f). The term
			 "face amount" means the total amount the insurer is obligated to pay under the
			 policy. Actual payments by the insurer will not change the face amount,
			 although the insurer's future liability will be lowered by the amount of the
			 payments.
(4) The post-closure
			 insurance policy must guarantee that funds will be available to provide
			 post-closure care of the facility whenever the post-closure period begins. The
			 policy must also guarantee that once post-closure care begins the insurer will
			 be responsible for paying out funds, up to an amount equal to the face amount
			 of the policy, upon the direction of the Director, to such party or parties as
			 the Director specifies.
(5) An
			 owner or operator or any other person authorized to perform post-closure care
			 may request reimbursement for post-closure care expenditures by submitting
			 itemized bills to the Director. Within 60 days after receiving bills for
			 post-closure care activities, the Director will instruct the insurer to make
			 reimbursements in those amounts as the Director specifies in writing, if the
			 Director determines that the post-closure expenditures are in accordance with
			 the approved post-closure plan or otherwise justified. If the Director does not
			 instruct the insurer to make such reimbursements, he will provide a detailed
			 written statement of reasons.
(6)
			 The owner or operator must maintain the policy in full force and effect until
			 the Director consents to termination of the policy by the owner or operator as
			 specified in paragraph (d)(11) of this section. Failure to pay the premium,
			 without substitution of alternate financial assurance as specified in the
			 section, will constitute a significant violation of these rules, warranting
			 such remedy as the Director deems necessary. Such violation will be deemed to
			 begin upon receipt by the Director of a notice of future cancellation,
			 termination, or failure to renew due to nonpayment of the premium, rather than
			 upon the date of expiration.
(7)
			 Each policy must contain a provision allowing assignment of the policy to a
			 successor owner or operator. Such assignment may be conditional upon consent of
			 the insurer, provided such consent is not unreasonably refused.
(8) The policy must provide that the insurer
			 may not cancel, terminate, or fail to renew the policy except for failure to
			 pay the premium. The automatic renewal of the policy must, at a minimum,
			 provide the insured with the option of renewal at the face amount of the
			 expiring policy. If there is a failure to pay the premium, the insurer may
			 elect to cancel, terminate, or fail to renew the policy by sending notice by
			 certified mail to the owner or operator and the Director. Cancellation,
			 termination, or failure to renew may not occur, however, during the 120 days
			 beginning with the date of receipt of the notice by both the Director and the
			 owner or operator, as evidenced by the return receipts. Cancellation,
			 termination, or failure to renew may not occur and the policy will remain in
			 full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
			 abandoned; or
(ii) Interim status
			 is terminated or revoked; or
(iii)
			 Closure is ordered by the Director or a U.S. district court or other court of
			 competent jurisdiction; or
(iv) The
			 owner or operator is named as debtor in a voluntary or involuntary proceeding
			 under Title 11 (Bankruptcy), U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current
			 post-closure cost estimate increases to an amount greater than the face amount
			 of the policy during the operating life of the facility, the owner or operator,
			 within 60 days after the increase, must either cause the face amount to be
			 increased to an amount at least equal to the current post-closure cost estimate
			 and submit evidence of such increase to the Director, or obtain other financial
			 assurance as specified in this section to cover the increase. Whenever the
			 current post-closure cost estimate decreases during the operating life of the
			 facility, the face amount may be reduced to the amount of the current
			 post-closure cost estimate following written approval by the
			 Director.
(10) Commencing on the
			 date that liability to make payments pursuant to the policy accrues, the
			 insurer will thereafter annually increase the face amount of the policy. Such
			 increase must be equivalent to the face amounts of the policy, less any
			 payments made, multiplied by an amount equivalent to 85 percent of the most
			 recent investment rate or of the equivalent coupon-issue yield announced by the
			 U.S. Treasury for 26-week Treasury securities.
(11) The Director will give written consent
			 to the owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 265.145(h).
(e) Financial test and corporate guarantee
			 for post-closure care.
(1) An owner or
			 operator may satisfy the requirements of this section by demonstrating that he
			 passes a financial test as specified in this paragraph. To pass this test the
			 owner or operator must meet the criteria either of paragraph (e)(1)(i) or (ii)
			 of this section:
(i) The owner or operator
			 must have:
(A) Two of the following three
			 ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the
			 sum of net income plus depreciation, depletion, and amortization to total
			 liabilities greater than 0.1; and a ratio of current assets to current
			 liabilities greater than 1.5; and
(B) Net working capital and tangible net
			 worth each at least six times the sum of the current closure and post-closure
			 cost estimates and the current plugging and abandonment cost estimates;
			 and
(C) Tangible net worth of at
			 least $10 million; and
(D) Assets
			 in the United States amounting to at least 90 percent of his total assets or at
			 least six times the sum of the current closure and post-closure cost estimates
			 and the current plugging and abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond
			 issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A,
			 or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the
			 sum of the current closure and post-closure cost estimates and the current
			 plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10
			 million; and
(D) Assets located in
			 the United States amounting to at least 90 percent of his total assets or at
			 least six times the sum of the current closure and post-closure cost estimates
			 and the current plugging and abandonment cost estimates.
(2) The phrase "current
			 closure and post-closure cost estimates" as used in paragraph (e)(1) of this
			 section refers to the cost estimates required to be shown in paragraphs 1-4 of
			 the letter from the owner's or operator's chief financial officer (§
			 264.151(f)). The phrase "current plugging and abandonment cost estimates" as
			 used in paragraph (e)(1) of this section refers to the cost estimates required
			 to be shown in paragraphs 1-4 of the letter from the owner's or operator's
			 chief financial officer (§ 144.70(f) of this title).
(3) To demonstrate that he meets this test,
			 the owner or operator must submit the following items to the Director:
(i) A letter signed by the owner's or
			 operator's chief financial officer and worded as specified in §
			 264.151(f); and
(ii) A copy of the
			 independent certified public accountant's report on examination of the owner's
			 or operator's financial statements for the latest completed fiscal year;
			 and
(iii) A special report from the
			 owner's or operator's independent certified public accountant to the owner or
			 operator stating that:
(A) He has compared the
			 data which the letter from the chief financial officer specifies as having been
			 derived from the independently audited, year-end financial statements for the
			 latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
			 matters came to his attention which caused him to believe that the specified
			 data should be adjusted; and
(iv)
A copy of the owner's or
			 operator's independently audited financial statements for the latest completed
			 fiscal year, with all notes and attachments.
(4) The owner or operator may obtain an
			 extension of the time allowed for submission of the documents specified in
			 paragraph (e)(3) of this section if the fiscal year of the owner or operator
			 ends during the 90 days prior to the effective date of these rules and if the
			 year-end financial statements for that fiscal year will be audited by an
			 independent certified public accountant. The extension will end no later than
			 90 days after the end of the owner's or operator's fiscal year. To obtain the
			 extension, the owner's or operator's chief financial officer must send, by the
			 effective date of these rules, a letter to the Director of each Region in which
			 the owner's or operator's facilities to be covered by the financial test are
			 located. This letter from the chief financial officer must:
(i) Request the extension;
(ii) Certify that he has grounds to believe
			 that the owner or operator meets the criteria of the financial test;
(iii) Specify for each facility to be covered
			 by the test the EPA Identification Number, name, address, and the current
			 closure and post-closure cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or
			 operator's latest complete fiscal year before the effective date of these
			 rules;
(v) Specify the date, no
			 later than 90 days after the end of such fiscal year, when he will submit the
			 documents specified in paragraph (e)(3) of this section; and
(vi) Certify that the year-end financial
			 statements of the owner or operator for such fiscal year will be audited by an
			 independent certified public accountant.
(5) After the initial submission of items
			 specified in paragraph (e)(3) of this section, the owner or operator must send
			 updated information to the Director within 90 days after the close of each
			 succeeding fiscal year. This information must consist of all three items
			 specified in paragraph (e)(3) of this section.
(6) If the owner or operator no longer meets
			 the requirements of paragraph (e)(1) of this section, he must send notice to
			 the Director of intent to establish alternate financial assurance as specified
			 in this section. The notice must be sent by certified mail within 90 days after
			 the end of the fiscal year for which the year-end financial data show that the
			 owner or operator no longer meets the requirements. The owner or operator must
			 provide the alternate financial assurance within 120 days after the end of such
			 fiscal year.
(7) The Director may,
			 based on a reasonable belief that the owner or operator may no longer meet the
			 requirements of paragraph (e)(1) of this section, require reports of financial
			 condition at any time from the owner or operator in addition to those specified
			 in paragraph (e)(3) of this section. If the Director finds, on the basis of
			 such reports or other information, that the owner or operator no longer meets
			 the requirements of paragraph (e)(1) of this section, the owner or operator
			 must provide alternate financial assurance as specified in this section within
			 30 days after notification of such a finding.
(8) The Director may disallow use of this
			 test on the basis of qualifications in the opinion expressed by the independent
			 certified public accountant in his report on examination of the owner's or
			 operator's financial statements (see paragraph (e)(3)(ii) of this section). An
			 adverse opinion or a disclaimer of opinion will be cause for disallowance. The
			 Director will evaluate other qualifications on an individual basis. The owner
			 or operator must provide alternate financial assurance as specified in this
			 section within 30 days after notification of the disallowance.
(9) During the period of post-closure care,
			 the Director may approve a decrease in the current post-closure cost estimate
			 for which this test demonstrates financial assurance if the owner or operator
			 demonstrates to the Director that the amount of the cost estimate exceeds the
			 remaining cost of post-closure care.
(10) The owner or operator is no longer
			 required to submit the items specified in paragraph (e)(3) of this section
			 when:
(i) An owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The Director releases the owner or
			 operator from the requirements of this section in accordance with §
			 265.145(h).
(11) An
			 owner or operator may meet the requirements of this section by obtaining a
			 written guarantee. The guarantor must be the direct or higher-tier parent
			 corporation of the owner or operator, a firm whose parent corporation is also
			 the parent corporation of the owner or operator, or a firm with a "substantial
			 business relationship" with the owner or operator. The guarantor must meet the
			 requirements for owners or operators in paragraphs (e)(1) through (9) of this
			 section and must comply with the terms of the guarantee. The wording of the
			 guarantee must be identical to the wording specified in § 264.151(h). A
			 certified copy of the guarantee must accompany the items sent to the Director
			 as specified in paragraph (e)(3) of this section. One of these items must be
			 the letter from the guarantor's chief financial officer. If the guarantor's
			 parent corporation is also the parent corporation of the owner or operator, the
			 letter must describe the value received in consideration of the guarantee. If
			 the guarantor is a firm with a "substantial business relationship" with the
			 owner or operator, this letter must describe this "substantial business
			 relationship" and the value received in consideration of the guarantee. The
			 terms of the guarantee must provide that:
(i)
			 If the owner or operator fails to perform post-closure care of a facility
			 covered by the corporate guarantee in accordance with the post-closure plan and
			 other interim status requirements whenever required to do so, the guarantor
			 will do so or establish a trust fund as specified in § 265.145(a) in the
			 name of the owner or operator.
(ii)
			 The corporate guarantee will remain in force unless the guarantor sends notice
			 of cancellation by certified mail to the owner or operator and to the Director.
			 Cancellation may not occur, however, during the 120 days beginning on the date
			 of receipt of the notice of cancellation by both the owner or operator and the
			 Director, as evidenced by the return receipts.
(iii) If the owner or operator fails to
			 provide alternate financial assurance as specified in this section and obtain
			 the written approval of such alternate assurance from the Director within 90
			 days after receipt by both the owner or operator and the Director of a notice
			 of cancellation of the corporate guarantee from the guarantor, the guarantor
			 will provide such alternate financial assurance in the name of the owner or
			 operator.
(f)
			 Use of multiple financial mechanisms. An owner or operator may satisfy the
			 requirements of this section by establishing more than one financial mechanism
			 per facility. These mechanisms are limited to trust funds, surety bonds,
			 letters of credit, and insurance. The mechanisms must be as specified in
			 paragraphs (a) through (d), respectively, of this section, except that it is
			 the combination of mechanisms, rather than the single mechanism, which must
			 provide financial assurance for an amount at least equal to the current
			 post-closure cost estimate. If an owner or operator uses a trust fund in
			 combination with a surety bond or a letter of credit, he may use the trust fund
			 as the standby trust fund for the other mechanisms. A single standby trust fund
			 may be established for two or more mechanisms. The Director may use any or all
			 of the mechanisms to provide for post-closure care of the facility.
(g) Use of a financial mechanism for multiple
			 facilities. An owner or operator may use a financial assurance mechanism
			 specified in this section to meet the requirements of this section for more
			 than one facility. Evidence of financial assurance submitted to the Director
			 must include a list showing, for each facility, the EPA Identification Number,
			 name, address, and the amount of funds for post-closure care assured by the
			 mechanism. If the facilities covered by the mechanism are in more than one
			 Region, identical evidence of financial assurance must be submitted to and
			 maintained with the Directors of all such Regions. The amount of funds
			 available through the mechanism must be no less than the sum of funds that
			 would be available if a separate mechanism had been established and maintained
			 for each facility. In directing funds available through the mechanism for
			 post-closure care of any of the facilities covered by the mechanism, the
			 Director may direct only the amount of funds designated for that facility,
			 unless the owner or operator agrees to the use of additional funds available
			 under the mechanism.
(h) Release of
			 the owner or operator from the requirements of this section. Within 60 days
			 after receiving certifications from the owner or operator and an independent
			 Arkansas-registered professional engineer that the post-closure care period has
			 been completed in accordance with the approved post-closure plan, the Director
			 will notify the owner or operator in writing that he is no longer required by
			 this section to maintain financial assurance for post-closure care of that
			 unit, unless the Director has reason to believe that post-closure care has not
			 been in accordance with the approved post-closure plan. The Director will
			 provide the owner or operator a detailed written statement of any such reason
			 to believe that post-closure care has not been in accordance with the approved
			 post-closure plan.
§
			 265.146
Use of a mechanism for financial assurance of both
			 closure and post-closure care
An owner or operator may satisfy the requirements for financial
				assurance for both closure and post-closure care for one or more facilities by
				using a trust fund, surety bond, letter of credit, insurance, financial test,
				or corporate guarantee that meets the specifications for the mechanism in both
				§§ 265.143 and 265.145. The amount of funds available through the
				mechanism must be no less than the sum of funds that would be available if a
				separate mechanism had been established and maintained for financial assurance
				of closure and of post-closure care.
§ 265.147
Liability
			 requirements
(a) Coverage for sudden
			 accidental occurrences. An owner or operator of a hazardous waste treatment,
			 storage, or disposal facility, or a group of such facilities, must demonstrate
			 financial responsibility for bodily injury and property damage to third parties
			 caused by sudden accidental occurrences arising from operations of the facility
			 or group of facilities. The owner or operator must have and maintain liability
			 coverage for sudden accidental occurrences in the amount of at least $1 million
			 per occurrence with an annual aggregate of at least $2 million, exclusive of
			 legal defense costs. This liability coverage may be demonstrated as specified
			 in paragraphs (a) (1), (2), (3), (4), (5), or (6) of this section:
(1) An owner or operator may demonstrate the
			 required liability coverage by having liability insurance as specified in this
			 paragraph.
Captive insurance shall not be used to provide such
			 liability coverage under the requirements of this Rule.
(i) Each insurance policy must be amended by
			 attachment of the Hazardous Waste Facility Liability Endorsement, or evidenced
			 by a Certificate of Liability Insurance. The wording of the endorsement must be
			 identical to the wording specified in § 264.151(i). The wording of the
			 certificate of insurance must be identical to the wording specified in §
			 264.151(j). The owner or operator must submit a signed duplicate original of
			 the endorsement or he certificate of insurance to the Director. The owner or
			 operator must provide a signed duplicate original of the insurance
			 policy.
(ii) Each insurance policy
			 must be issued by an insurer which, at a minimum, is licensed to transact the
			 business of insurance, or eligible to provide insurance as an excess or surplus
			 lines insurer, in one or more States.
(2) An owner or operator may meet the
			 requirements of this section by passing a financial test or using the guarantee
			 for liability coverage as specified in paragraphs (f) and (g) of this
			 section.
(3) An owner or operator
			 may meet the requirements of this section by obtaining a letter of credit for
			 liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
			 requirements of this section by obtaining a surety bond for liability coverage
			 as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
			 requirements of this section by obtaining a trust fund for liability coverage
			 as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
			 required liability coverage through the use of combinations of insurance,
			 financial test, guarantee, letter of credit, surety bond, and trust fund,
			 except that the owner or operator may not combine a financial test covering
			 part of the liability coverage requirement with a guarantee unless the
			 financial statement of the owner or operator is not consolidated with the
			 financial statement of the guarantor. The amounts of coverage demonstrated must
			 total at least the minimum amounts required by this section. If the owner or
			 operator demonstrates the required coverage through the use of a combination of
			 financial assurances under this paragraph, the owner or operator shall specify
			 at least one such assurance as "primary" coverage and shall specify other
			 assurance as "excess" coverage.
(7)
			 An owner or operator shall notify the Director in writing within 30 days
			 whenever:
(i) A claim results in a reduction
			 in the amount of financial assurance for liability coverage provided by a
			 financial instrument authorized in paragraphs (a)(1) through (a)(6) of this
			 section; or
(ii) A Certification of
			 Valid Claim for bodily injury or property damages caused by a sudden or
			 non-sudden accidental occurrence arising from the operation of a hazardous
			 waste treatment, storage, or disposal facility is entered between the owner or
			 operator and third-party claimant for liability coverage under paragraphs
			 (a)(1) through (a)(6) of this section; or
(iii) A final court order establishing a
			 judgment for bodily injury or property damage caused by a sudden or non-sudden
			 accidental occurrence arising from the operation of a hazardous waste
			 treatment, storage, or disposal facility is issued against the owner or
			 operator or an instrument that is providing financial assurance for liability
			 coverage under paragraphs (a)(1) through (a)(6) of this
			 section.
(b)
			 Coverage for nonsudden accidental occurrences. An owner or operator of a
			 surface impoundment, landfill, or land treatment facility which is used to
			 manage hazardous waste, or a group of such facilities, must demonstrate
			 financial responsibility for bodily injury and property damage to third parties
			 caused by nonsudden accidental occurrences arising from operations of the
			 facility or group of facilities. The owner or operator must have and maintain
			 liability coverage for nonsudden accidental occurrences in the amount of at
			 least $3 million per occurrence with an annual aggregate of at least $6
			 million, exclusive of legal defense costs. An owner or operator who must meet
			 the requirements of this section may combine the required per-occurrence
			 coverage levels for sudden and nonsudden accidental occurrences into a single
			 per-occurrence level, and combine the required annual aggregate coverage levels
			 for sudden and nonsudden accidental occurrences into a single annual aggregate
			 level. Owners or operators who combine coverage levels for sudden and nonsudden
			 accidental occurrences must maintain liability coverage in the amount of at
			 least $4 million per occurrence and $8 million annual aggregate. This liability
			 coverage may be demonstrated as specified in paragraph (b) (1), (2), (3), (4),
			 (5), or (6) of this section:
(1) An owner or
			 operator may demonstrate the required liability coverage by having liability
			 insurance as specified in this paragraph.
Captive insurance shall not
			 be used to provide such liability coverage under the requirements of this Rule.
(i) Each insurance policy must be
			 amended by attachment of the Hazardous Waste Facility Liability Endorsement or
			 evidenced by a Certificate of Liability Insurance. The wording of the
			 endorsement must be identical to the wording specified in § 264.151(i).
			 The wording of the certificate of insurance must be identical to the wording
			 specified in § 264.151(j). The owner or operator must submit a signed
			 duplicate original of the endorsement or the certificate of insurance to the
			 Director, and the appropriate EPA Regional Administrators if the facilities are
			 located in more than one EPA Region. If requested by the Director or a Regional
			 Administrator, the owner or operator must provide a signed duplicate original
			 of the insurance policy.
(ii) Each
			 insurance policy must be issued by an insurer which, at a minimum, is licensed
			 to transact the business of insurance, or eligible to provide insurance as an
			 excess or surplus lines insurer, in one or more States.
(2) An owner or operator may meet the
			 requirements of this section by passing a financial test or using the guarantee
			 for liability coverage as specified in paragraphs (f) and (g) of this
			 section.
(3) An owner or operator
			 may meet the requirements of this section by obtaining a letter of credit for
			 liability coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the
			 requirements of this section by obtaining a surety bond for liability coverage
			 as specified in paragraph (i) of this section.
(5) An owner or operator may meet the
			 requirements of this section by obtaining a trust fund for liability coverage
			 as specified in paragraph (j) of this section.
(6) An owner or operator may demonstrate the
			 required liability coverage through the use of combinations of insurance,
			 financial test, guarantee, letter of credit, surety bond, and trust fund,
			 except that the owner or operator may not combine a financial test covering
			 part of the liability coverage requirement with a guarantee unless the
			 financial statement of the owner or operator is not consolidated with the
			 financial statement of the guarantor. The amounts of coverage demonstrated must
			 total at least the minimum amounts required by this section. If the owner or
			 operator demonstrates the required coverage through the use of a combination of
			 financial assurances under this paragraph, the owner or operator shall specify
			 at least one such assurance as "primary" coverage and shall specify other
			 assurance as "excess" coverage.
(7)
			 An owner or operator shall notify the Director in writing within 30 days
			 whenever:
(i) A claim results in a reduction
			 in the amount of financial assurance for liability coverage provided by a
			 financial instrument authorized in paragraphs (b)(1) through (b)(6) of this
			 section; or
(ii) A Certification of
			 Valid Claim for bodily injury or property damages caused by a sudden or
			 non-sudden accidental occurrence arising from the operation of a hazardous
			 waste treatment, storage, or disposal facility is entered between the owner or
			 operator and third-party claimant for liability coverage under paragraphs
			 (b)(1) through (b)(6) of this section; or
(iii) A final court order establishing a
			 judgment for bodily injury or property damage caused by a sudden or non-sudden
			 accidental occurrence arising from the operation of a hazardous waste
			 treatment, storage, or disposal facility is issued against the owner or
			 operator or an instrument that is providing financial assurance for liability
			 coverage under paragraphs (b)(1) through (b)(6) of this
			 section.
(c)
			 Request for variance. If an owner or operator can demonstrate to the
			 satisfaction of the Director that the levels of financial responsibility
			 required by paragraph (a) or (b) of this section are not consistent with the
			 degree and duration of risk associated with treatment, storage, or disposal at
			 the facility or group of facilities, the owner or operator may obtain a
			 variance from the Director. The request for a variance must be submitted in
			 writing to the Director. If granted, the variance will take the form of an
			 adjusted level of required liability coverage, such level to be based on the
			 Director's assessment of the degree and duration of risk associated with the
			 ownership or operation of the facility or group of facilities. The Director may
			 require an owner or operator who requests a variance to provide such technical
			 and engineering information as is deemed necessary by the Director to determine
			 a level of financial responsibility other than that required by paragraph (a)
			 or (b) of this section. The Director will process a variance request as if it
			 were a permit modification request under § 270.41(a)(5) of this rule and
			 subject to the procedures of § 16.5 of this rule. Notwithstanding any
			 other provision, the Director may hold a public hearing at his discretion or
			 whenever he finds, on the basis of requests for a public hearing, a significant
			 degree of pubic interest in a tentative decision to grant a variance.
(d) Adjustments by the Director.
			 If the Director determines that the levels of financial responsibility required
			 by paragraph (a) or (b) of this section are not consistent with the degree and
			 duration of risk associated with treatment, storage, or disposal at the
			 facility or group of facilities, the Director may adjust the level of financial
			 responsibility required under paragraph (a) or (b) of this section as may be
			 necessary to protect human health and the environment. This adjusted level will
			 be based on the Director's assessment of the degree and duration of risk
			 associated with the ownership or operation of the facility or group of
			 facilities. In addition, if the Director determines that there is a significant
			 risk to human health and the environment from nonsudden accidental occurrences
			 resulting from the operations of a facility that is not a surface impoundment,
			 landfill, or land treatment facility, he may require that an owner or operator
			 of the facility comply with paragraph (b) of this section. An owner or operator
			 must furnish to the Director, within a reasonable time, any information which
			 the Director requests to determine whether cause exists for such adjustments of
			 level or type of coverage. The Director will process an adjustment of the level
			 of required coverage as if it were a permit modification under §
			 270.41(a)(5) of this rule and subject to the procedures of § 16.5 of this
			 rule. Notwithstanding any other provision, the Director may hold a public
			 hearing at his discretion or whenever he finds, on the basis of requests for a
			 public hearing, a significant degree of public interest in a tentative decision
			 to adjust the level or type of required coverage.
(e) Period of coverage. Within 60 days after
			 receiving certifications from the owner or operator and an independent
			 qualified Arkansas-registered professional engineer that final closure has been
			 completed in accordance with the approved closure plan, the Director will
			 notify the owner or operator in writing that he is no longer required by this
			 section to maintain liability coverage for that facility, unless the Director
			 has reason to believe that closure has not been in accordance with the approved
			 closure plan.
(f) Financial test
			 for liability coverage.
(1) An owner or
			 operator may satisfy the requirements of this section by demonstrating that he
			 passes a financial test as specified in this paragraph. To pass this test the
			 owner or operator must meet the criteria of paragraph (f)(1)(i) or (ii) of this
			 section:
(i) The owner or operator must have:
(A) Net working capital and tangible net
			 worth each at least six times the amount of liability coverage to be
			 demonstrated by this test; and
(B)
			 Tangible net worth of at least $10 million; and
(C) Assets in the United States amounting to
			 either:
(1) At least 90 percent of his total
			 assets; or
(2) at least six times
			 the amount of liability coverage to be demonstrated by this
			 test.
(ii) The
			 owner or operator must have:
(A) A current
			 rating for his most recent bond issuance of AAA, AA, A, or BBB as issued by
			 Standard and Poor's, or Aaa, Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth of at least $10
			 million; and
(C) Tangible net worth
			 at least six times the amount of liability coverage to be demonstrated by this
			 test; and
(D) Assets in the United
			 States amounting to either:
(1) At least 90
			 percent of his total assets; or (2) at least six times the amount of liability
			 coverage to be demonstrated by this test.
(2) The phrase "amount of liability coverage"
			 as used in paragraph (f)(1) of this section refers to the annual aggregate
			 amounts for which coverage is required under paragraphs (a) and (b) of this
			 section.
(3) To demonstrate that he
			 meets this test, the owner or operator must submit the following
four
items to the Director:
(i) A letter
			 signed by the owner's or operator's chief financial officer and worded as
			 specified in § 264.151(g). If an owner or operator is using the financial
			 test to demonstrate both assurance for closure or post-closure care, as
			 specified by §§ 264.143(f), 264.145(f), 265.143(e), and 265.145(e),
			 and liability coverage, he must submit the letter specified in §
			 264.151(g) to cover both forms of financial responsibility; a separate letter
			 as specified in § 264.151(f) is not required.
(ii) A copy of the independent certified
			 public accountant's report on examination of the owner's or operator's
			 financial statements for the latest completed fiscal year.
(iii) A special report from the owner's or
			 operator's independent certified public accountant to the owner or operator
			 stating that:
(A) He has compared the data
			 which the letter from the chief financial officer specifies as having been
			 derived from the independently audited, year-end financial statements for the
			 latest fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no
			 matters came to his attention which caused him to believe that the specified
			 data should be adjusted; and
(iv)
A copy of the owner's or
			 operator's independently audited financial statements for the latest completed
			 fiscal year, with all notes and attachments.
(4) The owner or operator may obtain a
			 one-time extension of the time allowed for submission of the documents
			 specified in paragraph (f)(3) of this section if the fiscal year of the owner
			 or operator ends during the 90 days prior to the effective date of these rules
			 and if the year-end financial statements for that fiscal year will be audited
			 by an independent certified public accountant. The extension will end no later
			 than 90 days after the end of the owner's or operator's fiscal year. To obtain
			 the extension, the owner's or operator's chief financial officer must send, by
			 the effective date of these rules, a letter to the Director. This letter from
			 the chief financial officer must:
(i) Request
			 the extension;
(ii) Certify that he
			 has grounds to believe that the owner or operator meets the criteria of the
			 financial test;
(iii) Specify for
			 each facility to be covered by the test the EPA Identification Number, name,
			 address, the amount of liability coverage and, when applicable, current closure
			 and post-closure cost estimates to be covered by the test;
(iv) Specify the date ending the owner's or
			 operator's last complete fiscal year before the effective date of these
			 rules;
(v) Specify the date, no
			 later than 90 days after the end of such fiscal year, when he will submit the
			 documents specified in paragraph (f)(3) of this section; and
(vi) Certify that the year-end financial
			 statements of the owner or operator for such fiscal year will be audited by an
			 independent certified public accountant.
(5) After the initial submission of items
			 specified in paragraph (f)(3) of this section, the owner or operator must send
			 updated information to the Director within 90 days after the close of each
			 succeeding fiscal year. This information must consist of all
four
items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets
			 the requirements of paragraph (f)(1) of this section, he must obtain insurance,
			 a letter of credit, a surety bond, a trust fund, or a guarantee for the entire
			 amount of required liability coverage as specified in this section. Evidence of
			 liability coverage must be submitted to the Director within 90 days after the
			 end of the fiscal year for which the year-end financial data show that the
			 owner or operator no longer meets the test requirements.
(7) The Director may disallow use of this
			 test on the basis of qualifications in the opinion expressed by the independent
			 certified public accountant in his report on examination of the owner's or
			 operator's financial statements (see paragraph (f)(3)(ii) of this section). An
			 adverse opinion or a disclaimer of opinion will be cause for disallowance. The
			 Director will evaluate other qualifications on an individual basis. The owner
			 or operator must provide evidence of insurance for the entire amount of
			 required liability coverage as specified in this section within 30 days after
			 notification of disallowance.
(g) Guarantee for liability
			 coverage.
(1) Subject to paragraph (g)(2) of
			 this section, an owner or operator may meet the requirements of this section by
			 obtaining a written guarantee, hereinafter referred to as "guarantee." The
			 guarantor must be the direct or higher-tier parent corporation of the owner or
			 operator, a firm whose parent corporation is also the parent corporation of the
			 owner or operator, or a firm with a "substantial business relationship" with
			 the owner or operator. The guarantor must meet the requirements for owners or
			 operators in paragraphs (f)(1) through (f)(6) of this section. The wording of
			 the guarantee must be identical to the wording specified in §
			 264.151(h)(2) of this rule. A certified copy of the guarantee must accompany
			 the items sent to the Director as specified in paragraph (f)(3) of this
			 section. One of these items must be the letter from the guarantor's chief
			 financial officer. If the guarantor's parent corporation is also the parent
			 corporation of the owner or operator, this letter must describe the value
			 received in consideration of the guarantee. If the guarantor is a firm with a
			 "substantial business relationship" with the owner or operator, this letter
			 must describe this "substantial business relationship" and the value received
			 in consideration of the guarantee.
(i) If the
			 owner or operator fails to satisfy a judgment based on a determination of
			 liability for bodily injury or property damage to third parties caused by
			 sudden or nonsudden accidental occurrences (or both as the case may be),
			 arising from the operation of facilities covered by this corporate guarantee,
			 or fails to pay an amount agreed to in settlement of claims arising from or
			 alleged to arise from such injury or damage, the guarantor will do so up to the
			 limits of coverage.
(ii)
			 [Reserved]
(2)
(i) In the case of corporations incorporated
			 in the United States, a guarantee may be used to satisfy the requirements of
			 this section only if the Attorneys General or Insurance Commissioners of (A)
			 the State in which the guarantor is incorporated, and (B) each State in which a
			 facility covered by the guarantee is located have submitted a written statement
			 to EPA that a guarantee executed as described in this section and §
			 264.151(h)(2) is a legally valid and enforceable obligation in that
			 State.
(ii) In the case of
			 corporations incorporated outside the United States, a guarantee may be used to
			 satisfy the requirements of this section only if (A) the non-U.S. corporation
			 has identified a registered agent for service of process in each State in which
			 a facility covered by the guarantee is located and in the State in which it has
			 its principal place of business, and if (B) the Attorney General or Insurance
			 Commissioner of each State in which a facility covered by the guarantee is
			 located and the State in which the guarantor corporation has its principal
			 place of business, has submitted a written statement to EPA that a guarantee
			 executed as described in this section and § 264.151(h)(2) is a legally
			 valid and enforceable obligation in that State.
(h) Letter of credit for liability coverage.
(1) An owner or operator may satisfy the
			 requirements of this section by obtaining an irrevocable standby letter of
			 credit that conforms to the requirements of this paragraph and submitting a
			 copy of the letter of credit to the Director.
(2) The financial institution issuing the
			 letter of credit must be an entity that has the authority to issue letters of
			 credit and whose letter of credit operations are regulated and examined by a
			 Federal or State agency.
(3) The
			 wording of the letter of credit must be identical to the wording specified in
			 § 264.151(k) of this rule.
(4)
			 An owner or operator who uses a letter of credit to satisfy the requirements of
			 this section may also establish a standby trust fund. Under the terms of such a
			 letter of credit, all amounts paid pursuant to a draft by the trustee of the
			 standby trust will be deposited by the issuing institution into the standby
			 trust in accordance with instructions from the trustee. The trustee of the
			 standby trust fund must be an entity which has the authority to act as a
			 trustee and whose trust operations are regulated and examined by a Federal or
			 State agency.
(5) The wording of
			 the standby trust fund must be identical to the wording specified in §
			 264.151(n).
(i) Surety
			 bond for liability coverage.
(1) An owner or
			 operator may satisfy the requirements of this section by obtaining a surety
			 bond that conforms to the requirements of this paragraph and submitting a copy
			 of the bond to the Director.
(2)
			 The surety company issuing the bond must be among those listed as acceptable
			 sureties on Federal bonds in the most recent Circular 570 of the U.S.
			 Department of the Treasury.
(3) The
			 wording of the surety bond must be identical to the wording specified in §
			 264.151(l) of this rule.
(4) A
			 surety bond may be used to satisfy the requirements of this section only if the
			 Attorneys General or Insurance Commissioners of (i) the State in which the
			 surety is incorporated, and (ii) each State in which a facility covered by the
			 surety bond is located have submitted a written statement to the Division that
			 a surety bond executed as described in this section and § 264.151(l) of
			 this rule is a legally valid and enforceable obligation in that
			 State.
(j) Trust fund for
			 liability coverage.
(1) An owner or operator
			 may satisfy the requirements of this section by establishing a trust fund that
			 conforms to the requirements of this paragraph and submitting an originally
			 signed duplicate of the trust agreement to the Director.
(2) The trustee must be an entity which has
			 the authority to act as a trustee and whose trust operations are regulated and
			 examined by a Federal or State agency.
(3) The trust fund for liability coverage
			 must be funded for the full amount of the liability coverage to be provided by
			 the trust fund before it may be relied upon to satisfy the requirements of this
			 section. If at any time after the trust fund is created the amount of funds in
			 the trust fund is reduced below the full amount of the liability coverage to be
			 provided, the owner or operator, by the anniversary date of the establishment
			 of the Fund, must either add sufficient funds to the trust fund to cause its
			 value to equal the full amount of liability coverage to be provided, or obtain
			 other financial assurance as specified in this section to cover the difference.
			 For purposes of this paragraph, "the full amount of the liability coverage to
			 be provided" means the amount of coverage for sudden and/or nonsudden
			 occurrences required to be provided by the owner or operator by this section,
			 less the amount of financial assurance for liability coverage that is being
			 provided by other financial assurance mechanisms being used to demonstrate
			 financial assurance by the owner or operator.
(4) The wording of the trust fund must be
			 identical to the wording specified in § 264.151(m) of this
			 Rule.
(k) Notwithstanding
			 any other provision of this Section, an owner or operator using liability
			 insurance to satisfy the requirements of this section may use, until October
			 16, 1982, a Hazardous Waste Facility Liability Endorsement or Certificate of
			 Liability Insurance that does not certify that the insurer is licensed to
			 transact the business of insurance, or eligible as an excess or surplus lines
			 insurer, in one or more States.
§ 265.148
Incapacity of owners or
			 operators, guarantors, or financial institutions
(a) An owner or operator must notify the
			 Director by certified mail of the commencement of a voluntary or involuntary
			 proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator
			 as debtor, within 10 days after commencement of the proceeding. A guarantor of
			 a corporate guarantee as specified in §§ 265.143(e) and 265.145(e)
			 must make such a notification if he is named as debtor, as required under the
			 terms of the corporate guarantee (§ 264.151(h)).
(b) An owner or operator who fulfills the
			 requirements of § 265.143, § 265.145, or § 265.147 by obtaining
			 a trust fund, surety bond, letter of credit, or insurance policy will be deemed
			 to be without the required financial assurance or liability coverage in the
			 event of bankruptcy of the trustee or issuing institution, or a suspension or
			 revocation of the authority of the trustee institution to act as trustee or of
			 the institution issuing the surety bond, letter of credit, or insurance policy
			 to issue such instruments. The owner or operator must establish other financial
			 assurance or liability coverage within 60 days after such an event.
§ 265.149
Use of State-required mechanisms
(a)
			 For a facility located in a State where EPA is administering the requirements
			 of this Subsection but where the State has hazardous waste rules that include
			 requirements for financial assurance of closure or post-closure care or
			 liability coverage, an owner or operator may use State-required financial
			 mechanisms to meet the requirements of § 265.143, § 265.145, or
			 § 265.147 if the Director determines that the State mechanisms are at
			 least equivalent to the financial mechanisms specified in this Subsection. The
			 Director will evaluate the equivalency of the mechanisms principally in terms
			 of (1) certainty of the availability of funds for the required closure or
			 post-closure care activities or liability coverage and (2) the amount of funds
			 that will be made available. The Director may also consider other factors as he
			 deems appropriate. The owner or operator must submit to the Director evidence
			 of the establishment of the mechanism together with a letter requesting that
			 the State-required mechanism be considered acceptable for meeting the
			 requirements of this Subsection. The submission must include the following
			 information: The facility's EPA Identification Number, name, and address, and
			 the amount of funds for closure or post-closure care or liability coverage
			 assured by the mechanism. The Director will notify the owner or operator of his
			 determination regarding the mechanism's acceptability in lieu of financial
			 mechanisms specified in this Subsection. The Director may require the owner or
			 operator to submit additional information as is deemed necessary to make this
			 determination. Pending this determination, the owner or operator will be deemed
			 to be in compliance with the requirements of § 265.143, § 265.145, or
			 § 265.147, as applicable.
(b)
			 If a State-required mechanism is found acceptable as specified in paragraph (a)
			 of this section except for the amount of funds available, the owner or operator
			 may satisfy the requirements of this Subsection by increasing the funds
			 available through the State-required mechanism or using additional financial
			 mechanisms as specified in this Subsection. The amount of funds available
			 through the State and Federal mechanisms must at least equal the amount
			 required by this Subsection.
§
			 265.150
State assumption of responsibility
(a) If the State either assumes legal
			 responsibility for an owner's or operator's compliance with the closure,
			 post-closure care, or liability requirements of this Section or assures that
			 funds will be available from State sources to cover those requirements, the
			 owner or operator will be in compliance with the requirements of §
			 265.143, § 265.145, or § 265.147 if the Director determines that the
			 State's assumption of responsibility is at least equivalent to the financial
			 mechanisms specified in this Subsection. The Director will evaluate the
			 equivalency of State guarantees principally in terms of (1) certainty of the
			 availability of funds for the required closure or post-closure care activities
			 or liability coverage and (2) the amount of funds that will be made available.
			 The Director may also consider other factors as he deems appropriate. The owner
			 or operator must submit to the Director a letter from the State describing the
			 nature of the State's assumption of responsibility together with a letter from
			 the owner or operator requesting that the State's assumption of responsibility
			 be considered acceptable for meeting the requirements of this Subsection. The
			 letter from the State must include, or have attached to it, the following
			 information: The facility's EPA Identification Number, name, and address, and
			 the amount of funds for closure or post-closure care or liability coverage that
			 are guaranteed by the State. The Director will notify the owner or operator of
			 his determination regarding the acceptability of the State's guarantee in lieu
			 of financial mechanisms specified in this Subsection. The Director may require
			 the owner or operator to submit additional information as is deemed necessary
			 to make this determination. Pending this determination, the owner or operator
			 will be deemed to be in compliance with the requirements of §§
			 265.143, § 265.145, or § 265.147, as applicable.
(b) If the State's assumption of
			 responsibility is found acceptable as specified in paragraph (a) of this
			 section except for the amount of funds available, the owner or operator may
			 satisfy the requirements of this Subsection by use of both the State's
			 assurance and additional financial mechanisms as specified in this Subsection.
			 The amount of funds available through the State and Federal mechanisms must at
			 least equal the amount required by this Subsection.
Subsection I
- Use and Management of Containers
§
			 265.170
Applicability
The rules in this Subsection apply to owners and operators of
				all hazardous waste facilities that store containers of hazardous waste, except
				as § 265.1 provides otherwise.
§ 265.171
Condition of
			 containers
If a container holding hazardous waste is not in good
				condition, or if it begins to leak, the owner or operator must transfer the
				hazardous waste from this container to a container that is in good condition,
				or manage the waste in some other way that complies with the requirements of
				this Section.
§
			 265.172
Compatibility of waste with container
The owner or operator must use a container made of or lined
				with materials which will not react with, and are otherwise compatible with,
				the hazardous waste to be stored, so that the ability of the container to
				contain the waste is not impaired.
§ 265.173
Management of
			 containers
(a) A container holding
			 hazardous waste must always be closed during storage, except when it is
			 necessary to add or remove waste.
(b) A container holding hazardous waste must
			 not be opened, handled, or stored in a manner which may rupture the container
			 or cause it to leak.
[Comment: Re-use of containers in transportation is governed by
				U.S. Department of Transportation regulations, including those set forth in
				49 CFR
				173.28.]
§ 265.174
Inspections
At least weekly, the owner or operator must inspect areas where
				containers are stored. The owner or operator must look for leaking containers
				and for deterioration of containers and the containment system caused by
				corrosion or other factors. See § 265.171 for remedial action required if
				deterioration or leaks are detected.
§ 265.175
[Reserved]
§ 265.176
Special requirements for ignitable or reactive waste
Containers holding ignitable or reactive waste must be located
				at least 15 meters (50 feet) from the facility's property line.
[Comment: See § 265.17(a) for additional
				requirements.]
§
			 265.177
Special requirements for incompatible wastes
(a) Incompatible wastes, or incompatible
			 wastes and materials, (see Appendix V for examples) must not be placed in the
			 same container, unless § 265.17(b) is complied with.
(b) Hazardous waste must not be placed in an
			 unwashed container that previously held an incompatible waste or material (see
			 Appendix V for examples), unless § 265.17(b) is complied with.
(c) A storage container holding a hazardous
			 waste that is incompatible with any waste or other materials stored nearby in
			 other containers, piles, open tanks, or surface impoundments must be separated
			 from the other materials or protected from them by means of a dike, berm, wall,
			 or other device.
[Comment: The purpose of this is to prevent fires, explosions,
				gaseous emissions, leaching, or other discharge of hazardous waste or hazardous
				waste constituents which could result from the mixing of incompatible wastes or
				materials if containers break or leak.]
§ 265.178
Air emission
			 standards
The owner or operator shall manage all hazardous waste placed
				in a container in accordance with the requirements of subsections AA, BB, and
				CC of this section.
Subsection
			 J
- Tank Systems
§
			 265.190
Applicability
The requirements of this Subsection apply to owners and
				operators of facilities that use tank systems for storing or treating hazardous
				waste except as otherwise provided in paragraphs (a), (b), and (c) of this
				section or in § 265.1 of this Section.
(a) Tank systems that are used to store or
			 treat hazardous waste which contains no free liquids and that are situated
			 inside a building with an impermeable floor are exempted from the requirements
			 in § 265.193. To demonstrate the absence or presence of free liquids in
			 the stored/treated waste, the following test must be used: Method 9095B (Paint
			 Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste,
			 Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
			 reference in § 260.11 of this rule.
(b) Tank systems, including sumps, as defined
			 in § 260.10, that serve as part of a secondary containment system to
			 collect or contain releases of hazardous wastes are exempted from the
			 requirements in § 265.193(a).
(c) Tanks, sumps, and other collection
			 devices used in conjunction with drip pads, as defined in § 260.10 of this
			 rule and regulated under § 265 Subsection W, must meet the requirements of
			 this Subsection.
§
			 265.191
Assessment of existing tank system's
			 integrity
(a) For each existing tank
			 system that does not have secondary containment meeting the requirements of
			 § 265.193, the owner or operator must determine that the tank system is
			 not leaking or is unfit for use. Except as provided in paragraph (c) of this
			 section, the owner or operator must obtain and keep on file at the facility a
			 written assessment reviewed and certified by an
independent, qualified,
			 Arkansas-registered professional engineer
in accordance with §
			 270.11(d)of this rule , that attests to the tank system's integrity by January
			 12, 1988.
(b) This assessment must
			 determine that the tank system is adequately designed and has sufficient
			 structural strength and compatibility with the waste(s) to be stored or treated
			 to ensure that it will not collapse, rupture, or fail. At a minimum, this
			 assessment must consider the following:
(1)
			 Design standard(s), if available, according to which the tank and ancillary
			 equipment were constructed;
(2)
			 Hazardous characteristics of the waste(s) that have been or will be
			 handled;
(3) Existing corrosion
			 protection measures;
(4) Documented
			 age of the tank system, if available, (otherwise, an estimate of the age);
			 and
(5) Results of a leak test,
			 internal inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, this
			 assessment must consist of a leak test that is capable of taking into account
			 the effects of temperature variations, tank end deflection, vapor pockets, and
			 high water table effects,
(ii) For
			 other than non-enterable underground tanks and for ancillary equipment, this
			 assessment must be either a leak test, as described above, or an internal
			 inspection and/or other tank integrity examination certified by an
independent, qualified, Arkansas-registered professional engineer
in
			 accordance with § 270.11(d) that addresses cracks, leaks, corrosion, and
			 erosion.
[Note: The practices described in the American Petroleum
				Institute (API) Publication, Guide for Inspection of Refinery Equipment,
				Regulation XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition,
				1981, may be used, where applicable, as guidelines in conducting the integrity
				examination of an other than non-enterable underground tank system.]
(c) Tank
			 systems that store or treat materials that become hazardous wastes subsequent
			 to July 14, 1986 must conduct this assessment within 12 months after the date
			 that the waste becomes a hazardous waste.
(d) If, as a result of the assessment
			 conducted in accordance with paragraph (a) of this section, a tank system is
			 found to be leaking or unfit for use, the owner or operator must comply with
			 the requirements of § 265.196.
§ 265.192
Design and installation
			 of new tank systems or components
(a)
			 Owners or operators of new tank systems or components must ensure that the
			 foundation, structural support, seams, connections, and pressure controls (if
			 applicable) are adequately designed and that the tank system has sufficient
			 structural strength, compatibility with the waste(s) to be stored or treated,
			 and corrosion protection so that it will not collapse, rupture, or fail. The
			 owner or operator must obtain a written assessment reviewed and certified by an
independent, qualified, Arkansas-registered professional engineer
in accordance with § 270.11(d) of this rule attesting that the
			 system has sufficient structural integrity and is acceptable for the storing
			 and treating of hazardous waste. This assessment must include, at a minimum,
			 the following information:
(1) Design
			 standard(s) according to which the tank(s) and ancillary equipment is or will
			 be constructed.
(2) Hazardous
			 characteristics of the waste(s) to be handled.
(3) For new tank systems or components in
			 which the external shell of a metal tank or any external metal component of the
			 tank system is or will be in contact with the soil or with water, a
			 determination by a corrosion expert of:
(i)
			 Factors affecting the potential for corrosion, including but not limited to:
(A) Soil moisture content;
(B) Soil pH;
(C) Soil sulfides level;
(D) Soil resistivity;
(E) Structure to soil potential;
(F) Influence of nearby underground metal
			 structures (e.g., piping);
(G)
			 Stray electric current; and,
(H)
			 Existing corrosion-protection measures (e.g., coating, cathodic protection),
			 and
(ii) The type and
			 degree of external corrosion protection that are needed to ensure the integrity
			 of the tank system during the use of the tank system or component, consisting
			 of one or more of the following:
(A)
			 Corrosion-resistant materials of construction such as special alloys or
			 fiberglass-reinforced plastic;
(B)
			 Corrosion-resistant coating (such as epoxy or fiberglass) with cathodic
			 protection (e.g., impressed current or sacrificial anodes); and
(C) Electrical isolation devices such as
			 insulating joints and flanges.
Note: The practices described in the National Association of
				Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85) - Control
				of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid
				Storage Systems," and the American Petroleum Institute (API) Publication 1632,
				"Cathodic Protection of Underground Petroleum Storage Tanks and Piping
				Systems," may be used, where applicable, as guidelines in providing corrosion
				protection for tank systems.
(4) For underground tank system components
			 that are likely to be affected by vehicular traffic, a determination of design
			 or operational measures that will protect the tank system against potential
			 damage; and
(5) Design
			 considerations to ensure that:
(i) Tank
			 foundations will maintain the load of a full tank;
(ii) Tank systems will be anchored to prevent
			 flotation or dislodgement where the tank system is placed in a saturated zone,
			 or is located within a seismic fault zone; and
(iii) Tank systems will withstand the effects
			 of frost heave.
(b)
			  The owner or operator of a new tank system must ensure that
			 proper handling procedures are adhered to in order to prevent damage to the
			 system during installation. Prior to covering, enclosing, or placing a new tank
			 system or component in use, an independent, qualified installation inspector or
			 an
independent, qualified, Arkansas-registered professional engineer,
either of whom is trained and experienced in the proper installation
			 of tank systems, must inspect the system or component for the presence of any
			 of the following items:
(1) Weld
			 breaks;
(2) Punctures;
(3) Scrapes of protective coatings;
(4) Cracks;
(5) Corrosion;
(6) Other structural damage or inadequate
			 construction or installation.
All discrepancies must be remedied before the tank system is
				covered, enclosed, or placed in use.
(c) New tank systems or components and piping
			 that are placed underground and that are backfilled must be provided with a
			 backfill material that is a noncorrosive, porous, homogeneous substance and
			 that is carefully installed so that the backfill is placed completely around
			 the tank and compacted to ensure that the tank and piping are fully and
			 uniformly supported.
(d) All new
			 tanks and ancillary equipment must be tested for tightness prior to being
			 covered, enclosed or placed in use. If a tank system is found not to be tight,
			 all repairs necessary to remedy the leak(s) in the system must be performed
			 prior to the tank system being covered, enclosed, or placed in use.
(e) Ancillary equipment must be supported and
			 protected against physical damage and excessive stress due to settlement,
			 vibration, expansion or contraction.
Note: The piping system installation procedures described in
				American Petroleum Institute (API) Publication 1615 (November 1979),
				"Installation of Underground Petroleum Storage Systems," or ANSI Standard
				B31.3, "Petroleum Refinery System," may be used, where applicable, as
				guidelines for proper installation of piping systems.
(f) The owner or operator must provide the
			 type and degree of corrosion protection necessary, based on the information
			 provided under paragraph (a)(3) of this section, to ensure the integrity of the
			 tank system during use of the tank system. The installation of a corrosion
			 protection system that is field fabricated must be supervised by an independent
			 corrosion expert to ensure proper installation.
(g) The owner or operator must obtain and
			 keep on file at the facility written statements by those persons required to
			 certify the design of the tank system and supervise the installation of the
			 tank system in accordance with the requirements of paragraphs (b) through (f)
			 of this section to attest that the tank system was properly designed and
			 installed and that repairs, pursuant to paragraphs (b) and (d) of this section
			 were performed. These written statements must also include the certification
			 statement as required in § 270.11(d) of this rule.
§ 265.193
Containment and
			 detection of releases
(a) In order to
			 prevent the release of hazardous waste or hazardous constituents to the
			 environment, secondary containment that meets the requirements of this section
			 must be provided (except as provided in paragraphs (f) and (g) of this
			 section):
(1) For all new and existing tank
			 systems or components, prior to their being put into service;
(2) For tank systems that store or treat
			 materials that become hazardous wastes, within two (2) years of the hazardous
			 waste listing, or when the tank system has reached 15 years of age, whichever
			 comes later.
(b)
			 Secondary containment systems must be:
(1)
			 Designed, installed, and operated to prevent any migration of wastes or
			 accumulated liquid out of the system to the soil, ground water, or surface
			 water at any time during the use of the tank system; and
(2) Capable of detecting and collecting
			 releases and accumulated liquids until the collected material is
			 removed.
(c) To meet the
			 requirements of paragraph (b) of this section, secondary containment systems
			 must be at a minimum:
(1) Constructed of or
			 lined with materials that are compatible with the waste(s) to be placed in the
			 tank system and must have sufficient strength and thickness to prevent failure
			 due to pressure gradients (including static head and external hydrological
			 forces), physical contact with the waste to which they are exposed, climatic
			 conditions, the stress of installation, and the stress of daily operation
			 (including stresses from nearby vehicular traffic);
(2) Placed on a foundation or base capable of
			 providing support to the secondary containment system and resistance to
			 pressure gradients above and below the system and capable of preventing failure
			 due to settlement, compression, or uplift;
(3) Provided with a leak detection system
			 that is designed and operated so that it will detect the failure of either the
			 primary and secondary containment structure or any release of hazardous waste
			 or accumulated liquid in the secondary containment system within 24 hours, or
			 at the earliest practicable time if the existing detection technology or site
			 conditions will not allow detection of a release within 24 hours;
(4) Sloped or otherwise designed or operated
			 to drain and remove liquids resulting from leaks, spills, or precipitation.
			 Spilled or leaked waste and accumulated precipitation must be removed from the
			 secondary containment system within 24 hours, or in as timely a manner as is
			 possible to prevent harm to human health or the environment, if removal of the
			 released waste or accumulated precipitation cannot be accomplished within 24
			 hours.
Note: If the collected material is a hazardous waste under
				Section 261 of this rule, it is subject to management as a hazardous waste in
				accordance with all applicable requirements of Sections 262 through 265of this
				rule. If the collected material is discharged through a point source to waters
				of the State, it is subject to the requirements of sections 301, 304, and 402
				of the Clean Water Act, as amended. If discharged to Publicly Owned Treatment
				Works (POTWs), it is subject to the requirements of section 307 of the Clear
				Water Act, as amended. If the collected material is released to the
				environment, it may be subject to the reporting requirements of 40 CFR part
				302.
(d)
			 Secondary containment for tanks must include one or more of the following
			 devices:
(1) A liner (external to the
			 tank);
(2) A vault;
(3) A double-walled tank; or
(4) An equivalent device as approved by the
			 Director.
(e) In addition
			 to the requirements of paragraphs (b), (c), and (d) of this section, secondary
			 containment systems must satisfy the following requirements:
(1) External liner systems must be:
(i) Designed or operated to contain 100
			 percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
			 or infiltration of precipitation into the secondary containment system unless
			 the collection system has sufficient excess capacity to contain run-on or
			 infiltration. Such additional capacity must be sufficient to contain
			 precipitation from a 25-year, 24-hour rainfall event;
(iii) Free of cracks or gaps; and
(iv) Designed and installed to completely
			 surround the tank and to cover all surrounding earth likely to come into
			 contact with the waste if released from the tank(s) (i.e., capable of
			 preventing lateral as well as vertical migration of the waste).
(2) Vault systems must
			 be:
(i) Designed or operated to contain 100
			 percent of the capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on
			 or infiltration of precipitation into the secondary containment system unless
			 the collection system has sufficient excess capacity to contain run-on or
			 infiltration. Such additional capacity must be sufficient to contain
			 precipitation from a 25-year, 24-hour rainfall event;
(iii) Constructed with chemical-resistant
			 water stops in place at all joints (if any);
(iv) Provided with an impermeable interior
			 coating or lining that is compatible with the stored waste and that will
			 prevent migration of waste into the concrete;
(v) Provided with a means to protect against
			 the formation of and ignition of vapors within the vault, if the waste being
			 stored or treated:
(A) Meets the definition of
			 ignitable waste under § 261.21 of this rule, or
(B) Meets the definition of reactive waste
			 under § 261.23 of this rule and may form an ignitable or explosive vapor;
			 and
(vi) Provided with
			 an exterior moisture barrier or be otherwise designed or operated to prevent
			 migration of moisture into the vault if the vault is subject to hydraulic
			 pressure.
(3)
			 Double-walled tanks must be:
(i) Designed as
			 an integral structure (i.e., an inner tank within an outer shell) so that any
			 release from the inner tank is contained by the outer shell;
(ii) Protected, if constructed of metal, from
			 both corrosion of the primary tank interior and the external surface of the
			 outer shell; and
(iii) Provided
			 with a built-in, continuous leak detection system capable of detecting a
			 release within 24 hours or at the earliest practicable time, if the owner or
			 operator can demonstrate to the Director, and the Director concurs, that the
			 existing leak detection technology or site conditions will not allow detection
			 of a release within 24 hours.
Note: The provisions outlined in the Steel Tank Institute's
				(STI) "Standard for Dual Wall Underground Steel Storage Tank" may be used as
				guidelines for aspects of the design of underground steel double-walled
				tanks.
(f) Ancillary equipment must be provided with
			 full secondary containment (e.g., trench, jacketing, double-walled piping) that
			 meets the requirements of paragraphs (b) and (c) of this section except for:
(1) Aboveground piping (exclusive of flanges,
			 joints, valves, and connections) that are visually inspected for leaks on a
			 daily basis;
(2) Welded flanges,
			 welded joints, and welded connections that are visually inspected for leaks on
			 a daily basis;
(3) Sealless or
			 magnetic coupling pumps and sealless valves, that are visually inspected for
			 leaks on a daily basis; and
(4)
			 Pressurized aboveground piping systems with automatic shut-off devices (e.g.,
			 excess flow check valves, flow metering shutdown devices, loss of pressure
			 actuated shut-off devices) that are visually inspected for leaks on a daily
			 basis.
(g) The owner or
			 operator may obtain a variance from the requirements of this Section if the
			 Director finds, as a result of a demonstration by the owner or operator,
			 either: that alternative design and operating practices, together with location
			 characteristics, will prevent the migration of hazardous waste or hazardous
			 constituents into the ground water or surface water at least as effectively as
			 secondary containment during the active life of the tank system or that in the
			 event of a release that does migrate to ground water or surface water, no
			 substantial present or potential hazard will be posed to human health or the
			 environment. New underground tank systems may not, per a demonstration in
			 accordance with paragraph (g)(2) of this section, be exempted from the
			 secondary containment requirements of this section. Application for a variance
			 as allowed in paragraph (g) of this section does not waive compliance with the
			 requirements of this Subsection for new tank systems.
(1) In deciding whether to grant a variance
			 based on a demonstration of equivalent protection of ground water and surface
			 water, the Director will consider:
(i) The
			 nature and quantity of the waste;
(ii) The proposed alternate design and
			 operation;
(iii) The hydrogeologic
			 setting of the facility, including the thickness of soils between the tank
			 system and ground water; and
(iv)
			 All other factors that would influence the quality and mobility of the
			 hazardous constituents and the potential for them to migrate to ground water or
			 surface water.
(2) In
			 deciding whether to grant a variance, based on a demonstration of no
			 substantial present or potential hazard, the Director will consider:
(i) The potential adverse effects on ground
			 water, surface water, and land quality taking into account:
(A) The physical and chemical characteristics
			 of the waste in the tank system, including its potential for
			 migration,
(B) The hydrogeological
			 characteristics of the facility and surrounding land,
(C) The potential for health risks caused by
			 human exposure to waste constituents,
(D) The potential for damage to wildlife,
			 crops, vegetation, and physical structures caused by exposure to waste
			 constituents, and
(E) The
			 persistence and permanence of the potential adverse effects;
(ii) The potential adverse effects
			 of a release on ground-water quality, taking into account:
(A) The quantity and quality of ground water
			 and the direction of ground-water flow,
(B) The proximity and withdrawal rates of
			 water in the area,
(C) The current
			 and future uses of ground water in the area, and
(D) The existing quality of ground water,
			 including other sources of contamination and their cumulative impact on the
			 ground-water quality;
(iii) The potential adverse effects of a
			 release on surface water quality, taking into account:
(A) The quantity and quality of ground water
			 and the direction of ground-water flow,
(B) The patterns of rainfall in the
			 region,
(C) The proximity of the
			 tank system to surface waters,
(D)
			 The current and future uses of surface waters in the area and any water quality
			 standards established for those surface waters, and
(E) The existing quality of surface water,
			 including other sources of contamination and the cumulative impact on
			 surface-water quality; and
(iv) The potential adverse effects of a
			 release on the land surrounding the tank system, taking into account:
(A) The patterns of rainfall in the region,
			 and
(B) The current and future uses
			 of the surrounding land.
(3) The owner or operator of a tank system,
			 for which a variance from secondary containment had been granted in accordance
			 with the requirements of paragraph (g)(1) of this section, at which a release
			 of hazardous waste has occurred from the primary tank system but has not
			 migrated beyond the zone of engineering control (as established in the
			 variance),must:
(i) Comply with the
			 requirements of § 265.196, except paragraph (d); and
(ii) Decontaminate or remove contaminated
			 soil to the extent necessary to:
(A) Enable
			 the tank system, for which the variance was granted, to resume operation with
			 the capability for the detection of and response to releases at least
			 equivalent to the capability it had prior to the release, and
(B) Prevent the migration of hazardous waste
			 or hazardous constituents to ground water or surface water; and
(iii) If contaminated
			 soil cannot be removed or decontaminated in accordance with paragraph
			 (g)(3)(ii) of this section, comply with the requirements of § 265.197(b);
(4) The owner or
			 operator of a tank system, for which a variance from secondary containment had
			 been granted in accordance with the requirements of paragraph (g)(1) of this
			 section, at which a release of hazardous waste has occurred from the primary
			 tank system and has migrated beyond the zone of engineering control (as
			 established in the variance), must:
(i)
			 Comply with the requirements of § 265.196(a), (b), (c), and (d); and
(ii) Prevent the migration of
			 hazardous waste or hazardous constituents to ground water or surface water, if
			 possible, and decontaminate or remove contaminated soil. If contaminated soil
			 cannot be decontaminated or removed, or if ground water has been contaminated,
			 the owner or operator must comply with the requirements of §
			 265.197(b);
(iii) If repairing,
			 replacing, or reinstalling the tank system, provide secondary containment in
			 accordance with the requirements of paragraphs (a) through (f) of this section
			 or reapply for a variance from secondary containment and meet the requirements
			 for new tank systems in § 265.192 if the tank system is replaced. The
			 owner or operator must comply with these requirements even if contaminated soil
			 can be decontaminated or removed, and ground water or surface water has not
			 been contaminated.
(h) The following procedures must be followed
			 in order to request a variance from secondary containment:
(1) The Director must be notified in writing
			 by the owner or operator that he intends to conduct and submit a demonstration
			 for a variance from secondary containment as allowed in paragraph (g) of this
			 section according to the following schedule:
(i) For existing tank systems, at least 24
			 months prior to the date that secondary containment must be provided in
			 accordance with paragraph (a) of this section; and
(ii) For new tank systems, at least 30 days
			 prior to entering into a contract for installation of the tank
			 system.
(2) As part of
			 the notification, the owner or operator must also submit to the Director a
			 description of the steps necessary to conduct the demonstration and a timetable
			 for completing each of the steps. The demonstration must address each of the
			 factors listed in paragraph (g)(1) or paragraph (g)(2) of this
			 section.
(3) The demonstration for
			 a variance must be completed and submitted to the Director within 180 days
			 after notifying the Director of intent to conduct the demonstration.
(4) The Director will inform the public,
			 through a newspaper notice, of the availability of the demonstration for a
			 variance. The notice shall be placed in a daily or weekly major local newspaper
			 of general circulation and shall provide at least 30 days from the date of the
			 notice for the public to review and comment on the demonstration for a
			 variance. The Director also will hold a public hearing, in response to a
			 request or at his own discretion, whenever such a hearing might clarify one or
			 more issues concerning the demonstration for a variance. Public notice of the
			 hearing will be given at least 30 days prior to the date of the hearing and may
			 be given at the same time as notice of the opportunity for the public to review
			 and comment on the demonstration. These two notices may be combined.
(5) The Director will approve or disapprove
			 the request for a variance within 90 days of receipt of the demonstration from
			 the owner or operator and will notify in writing the owner or operator and each
			 person who submitted written comments or requested notice of the variance
			 decision. If the demonstration for a variance is incomplete or does not include
			 sufficient information, the 90-day time period will begin when the Director
			 receives a complete demonstration, including all information necessary to make
			 a final determination. If the public comment period in paragraph (h)(4) of this
			 section is extended, the 90-day time period will be similarly extended.
(i) All tank systems,
			 until such time as secondary containment meeting the requirements of this
			 section is provided, must comply with the following:
(1) For non-enterable underground tanks, a
			 leak test that meets the requirements of § 265.191(b)(5) must be conducted
			 at least annually;
(2) For other
			 than non-enterable underground tanks and for all ancillary equipment, an annual
			 leak test, as described in paragraph (i)(1) of this section, or an internal
			 inspection or other tank integrity examination by an
independent,
			 qualified, Arkansas-registered professional engineer
that addresses
			 cracks, leaks, corrosion, and erosion must be conducted at least annually. The
			 owner or operator must remove the stored waste from the tank, if necessary, to
			 allow the condition of all internal tank surfaces to be assessed.
Note: The practices described in the American Petroleum
				Institute (API) Publication Guide for Inspection of Refining Equipment, Chapter
				XIII, "Atmospheric and Low Pressure Storage Tanks," 4th edition, 1981, may be
				used, when applicable, as guidelines for assessing the overall condition of the
				tank system.
(3) The owner
			 or operator must maintain on file at the facility a record of the results of
			 the assessments conducted in accordance with paragraphs (i)(1) through (i)(3)
			 of this section.
(4) If a tank
			 system or component is found to be leaking or unfit-for-use as a result of the
			 leak test or assessment in paragraphs (i)(1) through (i)(3) of this section,
			 the owner or operator must comply with the requirements of §
			 265.196.
§
			 265.194
General operating requirements
(a) Hazardous wastes or treatment reagents
			 must not be placed in a tank system if they could cause the tank, its ancillary
			 equipment, or the secondary containment system to rupture, leak, corrode, or
			 otherwise fail.
(b) The owner or
			 operator must use appropriate controls and practices to prevent spills and
			 overflows from tank or secondary containment systems. These include at a
			 minimum:
(1) Spill prevention controls (e.g ,
			 check valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level
			 sensing devices, high level alarms, automatic feed cutoff, or bypass to a
			 standby tank); and
(3) Maintenance
			 of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
			 wind action or by precipitation.
(c) The owner or operator must comply with
			 the requirements of § 265.196 if a leak or spill occurs in the tank
			 system.
§ 265.195
Inspections
(a) The owner or
			 operator must inspect, where present, at least once each operating day, data
			 gathered from monitoring and leak detection equipment (e.g., pressure or
			 temperature gauges, monitoring wells) to ensure that the tank system is being
			 operated according to its design.
Note: Section 265.15(c) requires the owner or operator to
				remedy any deterioration or malfunction he finds. Section 265.196 requires the
				owner or operator to notify the Director within 24 hours of confirming a
				release. Also, 40 CFR part 302 may require the owner or operator to notify the
				National Response Center of a release
.
(b) Except as noted under the paragraph (c)
			 of this section, the owner or operator must inspect at least once each
			 operating day:
(1) Overfill/spill control
			 equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage
			 systems) to ensure that it is in good working order;
(2) Above ground portions of the tank system,
			 if any, to detect corrosion or releases of waste; and
(3) The construction materials and the area
			 immediately surrounding the externally accessible portion of the tank system,
			 including the secondary containment system (e.g., dikes) to detect erosion or
			 signs of releases of hazardous waste (e.g., wet spots, dead
			 vegetation).
(c) Owners
			 or operators of tank systems that either use leak detection equipment to alert
			 facility personnel to leaks, or implement established workplace practices to
			 ensure leaks are promptly identified, must inspect at least weekly those areas
			 described in paragraphs (b)(1) through (3) of this section. Use of the
			 alternate inspection schedule must be documented in the facility's operating
			 record. This documentation must include a description of the established
			 workplace practices at the facility.
(d) [Reserved]
(e) Ancillary equipment that is not provided
			 with secondary containment, as described in § 265.193(f)(1) through (4),
			 must be inspected at least once each operating day.
(f) The owner or operator must inspect
			 cathodic protection systems, if present, according to, at a minimum, the
			 following schedule to ensure that they are functioning properly:
(1) The proper operation of the cathodic
			 protection system must be confirmed within six months after initial
			 installation, and annually thereafter; and
(2) All sources of impressed current must be
			 inspected and/or tested, as appropriate, at least bimonthly (i.e., every other
			 month).
Note: The practices described in the National Association of
				Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85) - Control
				of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid
				Storage Systems," and the American Petroleum Institute (API) Publication 1632,
				"Cathodic Protection of Underground Petroleum Storage Tanks and Piping
				Systems," may be used, where applicable, as guidelines in maintaining and
				inspecting cathodic protection systems.
(g) The owner or operator must document in
			 the operating record of the facility an inspection of those items in paragraphs
			 (a) and (b) of this section.
§
			 265.196
Response to leaks or spills and disposition of
			 leaking or unfit-for-use tank systems
A tank system or secondary containment system from which there
				has been a leak or spill, or which is unfit for use, must be removed from
				service immediately, and the owner or operator must satisfy the following
				requirements:
(a) Cessation of use;
			 prevent flow or addition of wastes. The owner or operator must immediately stop
			 the flow of hazardous waste into the tank system or secondary containment
			 system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or
			 secondary containment system.
(1) If the
			 release was from the tank system, the owner or operator must, within 24 hours
			 after detection of the leak or, if the owner or operator demonstrates that is
			 not possible, at the earliest practicable time remove as much of the waste as
			 is necessary to prevent further release of hazardous waste to the environment
			 and to allow inspection and repair of the tank system to be
			 performed.
(2) If the release was
			 to a secondary containment system, all released materials must be removed
			 within 24 hours or in as timely a manner as is possible to prevent harm to
			 human health and the environment.
(c) Containment of visible releases to the
			 environment. The owner or operator must immediately conduct a visual inspection
			 of the release and, based upon that inspection:
(1) Prevent further migration of the leak or
			 spill to soils or surface water; and
(2) Remove, and properly dispose of, any
			 visible contamination of the soil or surface water.
(d) Notifications, reports.
(1) Any release to the environment, except as
			 provided in paragraph (d)(2) of this section, must be reported to the Director
			 within 24 hours of detection. If the release has been reported pursuant to 40
			 CFR part 302, that report will satisfy this requirement.
(2) A leak or spill of hazardous waste that
			 is:
(i) Less than or equal to a quantity of
			 one (1) pound, and
(ii) Immediately
			 contained and cleaned-up is exempted from the requirements of this paragraph.
(3) Within 30 days of
			 detection of a release to the environment, a report containing the following
			 information must be submitted to the Director:
(i) Likely route of migration of the
			 release;
(ii) Characteristics of
			 the surrounding soil (soil composition, geology, hydrogeology,
			 climate);
(iii) Results of any
			 monitoring or sampling conducted in connection with the release, (if
			 available). If sampling or monitoring data relating to the release are not
			 available within 30 days, these data must be submitted to the Director as soon
			 as they become available.;
(iv)
			 Proximity to downgradient drinking water, surface water, and population areas;
			 and
(v) Description of response
			 actions taken or planned.
(e) Provision of secondary containment,
			 repair, or closure.
(1) Unless the owner or
			 operator satisfies the requirements of paragraphs (e) (2) through (4) of this
			 section, the tank system must be closed in accordance with §
			 265.197.
(2) If the cause of the
			 release was a spill that has not damaged the integrity of the system, the
			 owner/operator may return the system to service as soon as the released waste
			 is removed and repairs, if necessary, are made.
(3) If the cause of the release was a leak
			 from the primary tank system into the secondary containment system, the system
			 must be repaired prior to returning the tank system to service.
(4) If the source of the release was a leak
			 to the environment from a component of a tank system without secondary
			 containment, the owner/operator must provide the component of the system from
			 which the leak occurred with secondary containment that satisfies the
			 requirements of § 265.193 before it can be returned to service, unless the
			 source of the leak is an aboveground portion of a tank system. If the source is
			 an aboveground component that can be inspected visually, the component must be
			 repaired and may be returned to service without secondary containment as long
			 as the requirements of paragraph (f) of this section are satisfied. If a
			 component is replaced to comply with the requirements of this subparagraph,
			 that component must satisfy the requirements for new tank systems or components
			 in §§ 265.192 and 265.193. Additionally, if a leak has occurred in
			 any portion of a tank system component that is not readily accessible for
			 visual inspection (e.g., the bottom of an inground or onground tank), the
			 entire component must be provided with secondary containment in accordance with
			 § 265.193 prior to being returned to use.
(f) Certification of major repairs. If the
			 owner or operator has repaired a tank system in accordance with paragraph (e)
			 of this section, and the repair has been extensive (e.g., installation of an
			 internal liner; repair of a ruptured primary containment or secondary
			 containment vessel), the tank system must not be returned to service unless the
			 owner/operator has obtained a certification by an independent, qualified,
			 Arkansas-registered professional engineer in accordance with § 270.11(d)
			 that the repaired system is capable of handling hazardous wastes without
			 release for the intended life of the system. This certification must be
			 submitted to the Director within seven days after returning the tank system to
			 use. This certification is to be placed in the operating record and maintained
			 until closure of the facility.
Note: The Director may, on the basis of any information
				received that there is or has been a release of hazardous waste, hazardous
				constituents, and/or hazardous substances into the environment, issue an order
				under the Arkansas Remedial ActionTrust Fund Act (A.C.A. §§ 8-7-501,
et seq.
) requiring corrective action or such other response
				as deemed necessary to protect human health or the environment.
Note: See § 265.15(c) for the requirements necessary to
				remedy a failure. Also, 40 CFR part 302 requires the owner or operator to
				notify the National Response Center of a release of any "reportable
				quantity."
§
			 265.197
Closure and post-closure care
(a) At closure of a tank system, the owner or
			 operator must remove or decontaminate all waste residues, contaminated
			 containment system components (liners, etc.), contaminated soils, and
			 structures and equipment contaminated with waste, and manage them as hazardous
			 waste, unless § 261.3(d) of this Rule applies. The closure plan, closure
			 activities, cost estimates for closure, and financial responsibility for tank
			 systems must meet all of the requirements specified in Subsections G and H of
			 this Section.
(b) If the owner or
			 operator demonstrates that not all contaminated soils can be practicably
			 removed or decontaminated as required in paragraph (a) of this section, then
			 the owner or operator must close the tank system and perform post-closure care
			 in accordance with the closure and post-closure care requirements that apply to
			 landfills (§ 265.310). In addition, for the purposes of closure,
			 post-closure, and financial responsibility, such a tank system is then
			 considered to be a landfill, and the owner or operator must meet all of the
			 requirements for landfills specified in Subsections G and H of this
			 Section.
(c) If an owner or
			 operator has a tank system which does not have secondary containment that meets
			 the requirements of § 265.193(b) through (f) and which is not exempt from
			 the secondary containment requirements in accordance with § 265.193(g),
			 then,
(1) The closure plan for the tank
			 system must include both a plan for complying with paragraph (a) of this
			 section and a contingent plan for complying with paragraph (b) of this
			 section.
(2) A contingent
			 post-closure plan for complying with paragraph (b) of this section must be
			 prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure
			 and post-closure care must reflect the costs of complying with the contingent
			 closure plan and the contingent post-closure plan, if these costs are greater
			 than the costs of complying with the closure plan prepared for the expected
			 closure under paragraph (a) of this section.
(4) Financial assurance must be based on the
			 cost estimates in paragraph (c)(3) of this section.
(5) For the purposes of the contingent
			 closure and post-closure plans, such a tank system is considered to be a
			 landfill, and the contingent plans must meet all of the closure, post-closure,
			 and financial responsibility requirements for landfills under Subsections G and
			 H of this Section.
§
			 265.198
Special requirements for ignitable or reactive
			 wastes
(a) Ignitable or reactive waste
			 must not be placed in a tank system, unless:
(1) The waste is treated, rendered, or mixed
			 before or immediately after placement in the tank system so that:
(i) The resulting waste, mixture, or
			 dissolved material no longer meets the definition of ignitable or reactive
			 waste under §§ 261.21 or 261.23 of this rule; and
(ii) Section 265.17(b) is complied with;
			 or
(2) The waste is
			 stored or treated in such a way that it is protected from any material or
			 conditions that may cause the waste to ignite or react; or
(3) The tank system is used solely for
			 emergencies.
(b) The
			 owner or operator of a facility where ignitable or reactive waste is stored or
			 treated in tanks must comply with the requirements for the maintenance of
			 protective distances between the waste management area and any public ways,
			 streets, alleys, or an adjoining property line that can be built upon as
			 required in Tables 2-1 through 2-6 of the National Fire Protection
			 Association's "Flammable and Combustible Liquids Code," (1977 or 1981),
			 (incorporated by reference, see § 260.11).
§ 265.199
Special requirements for
			 incompatible wastes
(a) Incompatible
			 wastes, or incompatible waste and materials, must not be placed in the same
			 tank system, unless § 265.17(b) is complied with.
(b) Hazardous waste must not be placed in a
			 tank system that has not been decontaminated and that previously held an
			 incompatible waste or material, unless § 265.17(b) is complied with.
§ 265.200
Waste analysis and trial tests
In addition to performing the waste analysis required by §
				265.13, the owner or operator must, whenever a tank system is to be used to
				treat chemically or to store a hazardous waste that is substantially different
				from waste previously treated or stored in that tank system; or treat
				chemically a hazardous waste with a substantially different process than any
				previously used in that tank system:
(a) Conduct waste analyses and trial
			 treatment or storage tests (e.g., bench-scale or pilot-plant scale tests);
			 or
(b) Obtain written, documented
			 information on similar waste under similar operating conditions to show that
			 the proposed treatment or storage will meet the requirements of §
			 265.194(a).
Note: Section 265.13 requires the waste analysis plan to
				include analyses needed to comply with §§ 265.198 and 265.199.
				Section 265.73 requires the owner or operator to place the results from each
				waste analysis and trial test, or the documented information, in the operating
				record of the facility.
§
			 265.201
[Reserved]
§ 265.202
Air emission
			 standards
The owner or operator shall manage all hazardous waste placed
				in a tank in accordance with the requirements of subsections AA, BB, and CC of
				this section.
Subsection
			 K
- Surface Impoundments
§
			 265.220
Applicability
The rules in this Subsection apply to owners and operators of
				facilities that use surface impoundments to treat, store, or dispose of
				hazardous waste, except as § 265.1 provides otherwise.
§ 265.221
Design and operating
			 requirements
(a) The owner or operator
			 of each new surface impoundment unit, each lateral expansion of a surface
			 impoundment unit, and each replacement of an existing surface impoundment unit
			 must install two or more liners and a leachate collection and removal system
			 between the liners, and operate the leachate collection and removal system, in
			 accordance with § 264.221(c), unless exempted under § 264.221(d),
			 (e), or (f), of this rule.
(b) The
			 owner or operator of each unit referred to in paragraph (a) of this section
			 must notify the Director at least sixty days prior to receiving waste. The
			 owner or operator of each facility submitting notice must file a Part B
			 application within six months of the receipt of such notice.
(c) The owner or operator of any replacement
			 surface impoundment unit is exempt from paragraph (a) of this section if:
(1) The existing unit was constructed in
			 compliance with the design standards of § 3004(o)(1)(A)(i) and (o)(5) of
			 the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the
			 liner is not functioning as designed.
(d) The double liner requirement set forth in
			 paragraph (a) of this section may be waived by the Director for any monofill,
			 if:
(1) The monofill contains only hazardous
			 wastes from foundry furnace emission controls or metal casting molding sand,
			 and such wastes do not contain constituents which would render the wastes
			 hazardous for reasons other than the Toxicity Characteristic in § 261.24
			 of this rule, with EPA Hazardous Waste Numbers D004 through D017; and
(2)
(i)
(A) The monofill has at least one liner for
			 which there is no evidence that such liner is leaking. For the purposes of this
			 paragraph the term "liner" means a liner designed, constructed, installed, and
			 operated to prevent hazardous waste from passing into the liner at any time
			 during the active life of the facility, or a liner designed, constructed,
			 installed, and operated to prevent hazardous waste from migrating beyond the
			 liner to adjacent subsurface soil, ground water, or surface water at any time
			 during the active life of the facility. In the case of any surface impound-ment
			 which has been exempted from the requirements of paragraph (a) of this section
			 on the basis of a liner designed, constructed, installed, and operated to
			 prevent hazardous waste from passing beyond the liner, at the closure of such
			 impoundment the owner or operator must remove or decontaminate all waste
			 residues, all contaminated liner material, and contaminated soil to the extent
			 practicable. If all contaminated soil is not removed or decontaminated, the
			 owner or operator of such impoundment must comply with appropriate post-closure
			 requirements, including but not limited to ground-water monitoring and
			 corrective action;
(B) The monofill
			 is located more than one-quarter mile from an "underground source of drinking
			 water" (as that term is defined in § 270.2 of this rule); and
(C) The monofill is in compliance with
			 generally applicable groundwater monitoring requirements for facilities with
			 permits under RCRA section 3005(c); or
(ii) The owner or operator demonstrates that
			 the monofill is located, designed and operated so as to assure that there will
			 be no migration of any hazardous constituent into ground water or surface water
			 at any future time.
(e) In the case of any unit in which the
			 liner and leachate collection system has been installed pursuant to the
			 requirements of paragraph (a) of this section and in good faith compliance with
			 paragraph (a) of this section and with guidance documents governing liners and
			 leachate collection systems under paragraph (a) of this section, no liner or
			 leachate collection system which is different from that which was so installed
			 pursuant to paragraph (a) of this section will be required for such unit by the
			 Director when issuing the first permit to such facility, except that the
			 Director will not be precluded from requiring installation of a new liner when
			 the Director has reason to believe that any liner installed pursuant to the
			 requirements of paragraph (a) of this section is leaking.
(f) A surface impoundment must maintain
			 enough freeboard to prevent any overtopping of the dike by overfilling, wave
			 action, or a storm. Except as provided in paragraph (b) of this section, there
			 must be at least 60 centimeters (two feet) of freeboard.
(g) A freeboard level less than 60
			 centimeters (two feet) may be maintained if the owner or operator obtains
			 certification by a qualified engineer that alternate design features or
			 operating plans will, to the best of his knowledge and opinion, prevent
			 overtopping of the dike. The certification, along with a written identification
			 of alternate design features or operating plans preventing overtopping, must be
			 maintained at the facility.
(h)
			 Surface impoundments that are newly subject to RCRA § 3005(j) due to the
			 promulgation of additional listings or characteristics for the identification
			 of hazardous waste must be in compliance with paragraphs (a), (c), and (d) of
			 this section not later than 48 months after the promulgation of the addtional
			 listing or characteristic. This compliance period shall not be cut short as the
			 result of the promulgation of land disposal prohibitions under Section 268 of
			 this rule or the granting of an extension to the effective date of a
			 prohibition pursuant to
			 40 CFR
			 268.5, within this 48-month
			 period
§ 265.222
Action leakage rate
(a) The owner
			 or operator of surface impoundment units subject to § 265.221(a) must
			 submit a proposed action leakage rate to the Director when submitting the
			 notice required under § 265.221(b). Within 60 days of receipt of the
			 notification, the Director will: Establish an action leakage rate, either as
			 proposed by the owner or operator or modified using the criteria in this
			 section; or extend the review period for up to 30 days. If no action is taken
			 by the Director before the original 60 or extended 90 day review periods, the
			 action leakage rate will be approved as proposed by the owner or
			 operator.
(b) The Director shall
			 approve an action leakage rate for surface impoundment units subject to §
			 265.221(a). The action leakage rate is the maximum design flow rate that the
			 leak detection system (LDS) can remove without the fluid head on the bottom
			 liner exceeding 1 foot. The action leakage rate must include an adequate safety
			 margin to allow for uncertainties in the design (e.g., slope, hydraulic
			 conductivity, thickness of drainage material), construction, operation, and
			 location of the LDS, waste and leachate characteristics, likelihood and amounts
			 of other sources of liquids in the LDS, and proposed response actions (e.g.,
			 the action leakage rate must consider decreases in the flow capacity of the
			 system over time resulting from siltation and clogging, rib layover and creep
			 of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate
			 has been exceeded, the owner or operator must convert the weekly or monthly
			 flow rate from the monitoring data obtained under § 265.226(b), to an
			 average daily flow rate (gallons per acre per day) for each sump. Unless the
			 Director approves a different calculation, the average daily flow rate for each
			 sump must be calculated weekly during the active life and closure period, and
			 if the unit closes in accordance with § 265.228(a)(2), monthly during the
			 post-closure care period when monthly monitoring is required under §
			 265.226(b).
§
			 265.223
Containment system
All earthen dikes must have a protective cover, such as grass,
				shale, or rock, to minimize wind and water erosion and to preserve their
				structural integrity.
§
			 265.224
Response actions
(a) The owner or operator of surface
			 impoundment units subject to § 265.221(a) must develop and keep on site
			 until closure of the facility a response action plan.. The response action plan
			 must set forth the actions to be taken if the action leakage rate has been
			 exceeded. At a minimum, the response action plan must describe the actions
			 specified in paragraph (b) of this section.
(b) If the flow rate into the leak detection
			 system exceeds the action leakage rate for any sump, the owner or operator
			 must:
(1) Notify the Director in writing of
			 the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment
			 to the Director within 14 days of the determination, as to the amount of
			 liquids, likely sources of liquids, possible location, size, and cause of any
			 leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
			 location, size, and cause of any leak;
(4) Determine whether waste receipt should
			 cease or be curtailed, whether any waste should be removed from the unit for
			 inspection, repairs, or controls, and whether or not the unit should be
			 closed;
(5) Determine any other
			 short-term and longer-term actions to be taken to mitigate or stop any leaks;
			 and
(6) Within 30 days after the
			 notification that the action leakage rate has been exceeded, submit to the
			 Director the results of the analyses specified in paragraphs (b)(3), (4), and
			 (5) of this section, the results of actions taken, and actions planned. Monthly
			 thereafter, as long as the flow rate in the leak detection system exceeds the
			 action leakage rate, the owner or operator must submit to the Director a report
			 summarizing the results of any remedial actions taken and actions
			 planned.
(c) To make the
			 leak and/or remediation determin-ations in paragraphs (b)(3), (4), and (5) of
			 this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
			 of liquids by source,
(ii) Conduct
			 a fingerprint, hazardous constituent, or other analyses of the liquids in the
			 leak detection system to identify the source of liquids and possible location
			 of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
			 terms of potential for escaping into the environment; or (2) Document why such
			 assessments are not needed.
§ 265.225
Waste analysis and trial
			 tests
(a) In addition to the waste
			 analyses required by § 265.13, whenever a surface impoundment is to be
			 used to:
(1) Chemically treat a hazardous
			 waste which is substantially different from waste previously treated in that
			 impoundment; or
(2) Chemically
			 treat hazardous waste with a substantially different process than any
			 previously used in that impoundment; the owner or operator must, before
			 treating the different waste or using the different process:
(i) Conduct waste analyses and trial
			 treatment tests (e.g., bench scale or pilot plant scale tests); or
(ii) Obtain written, documented information
			 on similar treatment of similar waste under similar operating conditions; to
			 show that this treatment will comply with § 265.17(b).
[Comment: As required by § 265.13, the waste analysis plan
				must include analyses needed to comply with §§ 265.229 and 265.230.
				As required by § 265.73, the owner or operator must place the results from
				each waste analysis and trial test, or the documented information, in the
				operating record of the facility.]
§
			 265.226
Monitoring and inspection
(a) The owner or operator must inspect:
(1) The freeboard level at least once each
			 operating day to ensure compliance with § 265.222, and
(2) The surface impoundment, including dikes
			 and vegetation surrounding the dike, at least once a week to detect any leaks,
			 deterioration, or failures in the impoundment.
[Comment: As required by § 265.15(c), the owner or
				operator must remedy any deterioration or malfunction he finds.]
(b)
(1) An owner or operator required to have a
			 leak detection system under § 265.221(a) must record the amount of liquids
			 removed from each leak detection system sump at least once each week during the
			 active life and closure period.
(2)
			 After the final cover is installed, the amount of liquids removed from each
			 leak detection system sump must be recorded at least monthly. If the liquid
			 level in the sump stays below the pump operating level for two consecutive
			 months, the amount of liquids in the sumps must be recorded at least quarterly.
			 If the liquid level in the sump stays below the pump operating level for two
			 consecutive quarters, the amount of liquids in the sumps must be recorded at
			 least semi-annually. If at any time during the post-closure care period the
			 pump operating level is exceeded at units on quarterly or semi-annual recording
			 schedules, the owner or operator must return to monthly recording of amounts of
			 liquids removed from each sump until the liquid level again stays below the
			 pump operating level for two consecutive months.
(3) "Pump operating level" is a liquid level
			 proposed by the owner or operator and approved by the Director based on pump
			 activation level, sump dimensions, and level that avoids backup into the
			 drainage layer and minimizes head in the sump. The timing for submission and
			 approval of the proposed "pump operating level" will be in accordance with
			 § 265.222(a).
§
			 265.227
[Reserved]
§ 265.228
Closure and post-closure
			 care
(a) At closure, the owner or
			 operator must:
(1) Remove or decontaminate
			 all waste residues, contaminated containment system components (liners, etc.),
			 contaminated subsoils, and structures and equipment contaminated with waste and
			 leachate, and manage them as hazardous waste unless § 261.3(d) of this
			 rule applies; or
(2) Close the
			 impoundment and provide post-closure care for a landfill under Subsection G and
			 § 265.310, including the following:
(i)
			 Eliminate free liquids by removing liquid wastes or solidifying the remaining
			 wastes and waste residues;
(ii)
			 Stabilize remaining wastes to a bearing capacity sufficient to support the
			 final cover; and
(iii) Cover the
			 surface impoundment with a final cover designed and constructed to:
(A) Provide long-term minimization of the
			 migration of liquids through the closed impoundment;
(B) Function with minimum
			 maintenance;
(C) Promote drainage
			 and minimize erosion or abrasion of the cover;
(D) Accommodate settling and subsidence so
			 that the cover's integrity is maintained; and
(E) Have a permeability less than or equal to
			 the permeability of any bottom liner system or natural subsoils present.
(b)
			 In addition to the requirements of Subsection G, and § 265.310, during the
			 post-closure care period, the owner or operator of a surface impoundment in
			 which wastes, waste residues, or contaminated materials remain after closure in
			 accordance with the provisions of paragraph (a)(2) of this section must:
(1) Maintain the integrity and effectiveness
			 of the final cover, including making repairs to the cover as necessary to
			 correct the effects of settling, subsidence, erosion, or other
			 events;
(2) Maintain and monitor
			 the leak detection system in accordance with §§ 264.221(c)(2)(iv) and
			 (3) of this rule and 265.226(b) and comply with all other applicable leak
			 detection system requirements of this Section;
(3) Maintain and monitor the ground-water
			 monitoring system and comply with all other applicable requirements of
			 Subsection F of this Section; and
(4) Prevent run-on and run-off from eroding
			 or otherwise damaging the final cover.
§ 265.229
Special requirements for
			 ignitable or reactive wastes
Ignitable or reactive waste must not be placed in a surface
				impoundment, unless the waste and impoundment satisfy all applicable
				requirements of Section 268 and 40 CFR part 268, and:
(a) The waste is treated, rendered, or mixed
			 before or immediately after placement in the impoundment so that:
(1) The resulting waste, mixture, or
			 dissolution of material no longer meets the definition of ignitable or reactive
			 waste under § 261.21 or § 261.23 of this rule; and
(2) Section 265.17(b) is complied with;
			 or
(b)
(1) The waste is managed in such a way that
			 it is protected from any material or conditions which may cause it to ignite or
			 react; and
(2) The owner or
			 operator obtains a certification from a qualified chemist or engineer that, to
			 the best of his knowledge and opinion, the design features or operating plans
			 of the facility will prevent ignition or reaction; and
(3) The certification and the basis for it
			 are maintained at the facility; or
(c) The surface impoundment is used solely
			 for emergencies.
§
			 265.230
Special requirements for incompatible wastes
Incompatible wastes, or incompatible wastes and materials, (see
				Appendix V for examples) must not be placed in the same surface impoundment,
				unless § 265.17(b) is complied with.
§ 265.231
Air emission
			 standards
The owner or operator shall manage all hazardous waste placed
				in a surface impoundment in accordance with the requirements of subsections BB
				and CC of this section.
Subsection L - Waste Piles
§ 265.250
Applicability
The rules in this Subsection apply to owners and operators of
				facilities that treat or store hazardous waste in piles, except as § 265.1
				provides otherwise. Alternatively, a pile of hazardous waste may be managed as
				a landfill under Subsection N.
§
			 265.251
Protection from wind
The owner or operator of a pile containing hazardous waste
				which could be subject to dispersal by wind must cover or otherwise manage the
				pile so that wind dispersal is controlled.
§ 265.252
Waste analysis
In addition to the waste analyses required by § 265.13,
				the owner or operator must analyze a representative sample of waste from each
				incoming movement before adding the waste to any existing pile, unless (1) The
				only wastes the facility receives which are amenable to piling are compatible
				with each other, or (2) the waste received is compatible with the waste in the
				pile to which it is to be added. The analysis conducted must be capable of
				differentiating between the types of hazardous waste the owner or operator
				places in piles, so that mixing of incompatible waste does not inadvertently
				occur. The analysis must include a visual comparison of color and
				texture.
[Comment: As required by § 265.13, the waste analysis plan
				must include analyses needed to comply with §§ 265.256 and 265.257.
				As required by § 265.73, the owner or operator must place the results of
				this analysis in the operating record of the facility.]
§ 265.253
Containment
If leachate or run-off from a pile is a hazardous waste, then
				either:
(a)
(1) The pile must be placed on an impermeable
			 base that is compatible with the waste under the conditions of treatment or
			 storage;
(2) The owner or operator
			 must design, construct, operate, and maintain a run-on control system capable
			 of preventing flow onto the active portion of the pile during peak discharge
			 from at least a 25-year storm;
(3)
			 The owner or operator must design, construct, operate, and maintain a run-off
			 management system to collect and control at least the water volume resulting
			 from a 24-hour, 25-year storm; and
(4) Collection and holding facilities (e.g.,
			 tanks or basins) associated with run-on and runoff control systems must be
			 emptied or otherwise managed expeditiously to maintain design capacity of the
			 system; or
(b)
(1) The pile must be protected from
			 precipitation and run-on by some other means; and (2) No liquids or wastes
			 containing free liquids may be placed in the pile.
[Comment: If collected leachate or run-off is discharged
				through a point source to waters of the State, it is subject to the
				requirements of section 402 of the Clean Water Act, as amended.]
§
			 265.254
Design and operating requirements
The owner or operator of each new waste pile on which
				construction commences after January 29, 1992, each lateral expansion of a
				waste pile unit on which construction commences after July 29, 1992, and each
				such replacement of an existing waste pile unit that is to commence reuse after
				July 29, 1992 must install two or more liners and a leachate collection and
				removal system above and between such liners, and operate the leachate
				collection and removal systems, in accordance with § 264.251(c), unless
				exempted under § 264.251(d), (e), or (f), of this rule; and must comply
				with the procedures of § 265.221(b). "Construction commences" is as
				defined in § 260.10 of this rule under "existing facility".
§ 265.255
Action
			 leakage rates
(a) The owner or operator
			 of waste pile units subject to § 265.254 must submit a proposed action
			 leakage rate to the Director when submitting the notice required under §
			 265.254. Within 60 days of receipt of the notification, the Director will:
			 Establish an action leakage rate, either as proposed by the owner or operator
			 or modified using the criteria in this section; or extend the review period for
			 up to 30 days. If no action is taken by the Director before the original 60 or
			 extended 90 day review periods, the action leakage rate will be approved as
			 proposed by the owner or operator.
(b) The Director shall approve an action
			 leakage rate for waste pile units subject to § 265.254. The action leakage
			 rate is the maximum design flow rate that the leak detection system (LDS) can
			 remove without the fluid head on the bottom liner exceeding 1 foot. The action
			 leakage rate must include an adequate safety margin to allow for uncertainties
			 in the design (e.g., slope, hydraulic conductivity, thickness of drainage
			 material), construction, operation, and location of the LDS, waste and leachate
			 characteristics, likelihood and amounts of other sources of liquids in the LDS,
			 and proposed response actions (e.g., the action leakage rate must consider
			 decreases in the flow capacity of the system over time resulting from siltation
			 and clogging, rib layover and creep of synthetic components of the system,
			 overburden pressures, etc.).
(c) To
			 determine if the action leakage rate has been exceeded, the owner or operator
			 must convert the weekly flow rate from the monitoring data obtained under
			 § 265.260, to an average daily flow rate (gallons per acre per day) for
			 each sump. Unless the Director approves a different calculation, the average
			 daily flow rate for each sump must be calculated weekly during the active life
			 and closure period.
§
			 265.256
Special requirements for ignitable or reactive
			 waste
(a) Ignitable or reactive waste
			 must not be placed in a pile unless the waste and pile satisfy all applicable
			 requirements of Section 268 and 40 CFR part 268, and:
(1) Addition of the waste to an existing pile
			 (i) results in the waste or mixture no longer meeting the definition of
			 ignitable or reactive waste under § 261.21 or § 261.23 of this rule,
			 and (ii) complies with § 265.17(b); or
(2) The waste is managed in such a way that
			 it is protected from any material or conditions which may cause it to ignite or
			 react.
§ 265.257
Special requirements for incompatible wastes
(a) Incompatible wastes, or incompatible
			 wastes and materials, (see Appendix V for examples)
must not be placed in the same pile, unless § 265.17(b) is
				complied with.
(b) A pile
			 of hazardous waste that is incompatible with any waste or other material stored
			 nearby in other containers, piles, open tanks, or surface impoundments must be
			 separated from the other materials, or protected from them by means of a dike,
			 berm, wall, or other device.
[Comment: The purpose of this is to prevent fires, explosions,
				gaseous emissions, leaching, or other discharge of hazardous waste or hazardous
				waste constituents which could result from the contact or mixing of
				incompatible wastes or materials.]
(c) Hazardous waste must not be piled on the
			 same area where incompatible wastes or materials were previously piled, unless
			 that area has been decontaminated sufficiently to ensure compliance with §
			 265.17(b).
§
			 265.258
Closure and post-closure care
(a) At closure, the owner or operator must
			 remove or decontaminate all waste residues, contaminated containment system
			 components (liners, etc.), contaminated subsoils, and structures and equipment
			 contaminated with waste and leachate, and manage them as hazardous waste unless
			 § 261.3(d) of this rule applies; or
(b) If, after removing or decontaminating all
			 residues and making all reasonable efforts to effect removal or decontamination
			 of contaminated components, subsoils, structures, and equipment as required in
			 paragraph (a) of this section, the owner or operator finds that not all
			 contaminated subsoils can be practicably removed or decontaminated, he must
			 close the facility and perform post-closure care in accordance with the closure
			 and post-closure requirements that apply to landfills (§ 265.310).
§ 265.259
Response actions
(a) The owner or
			 operator of waste pile units subject to § 265.254 must develop and keep on
			 site until closure of the facility a response action plan. The response action
			 plan must set forth the actions to be taken if the action leakage rate has been
			 exceeded. At a minimum, the response action plan must describe the actions
			 specified in paragraph (b) of this section.
(b) If the flow rate into the leak
			 determination system exceeds the action leakage rate for any sump, the owner or
			 operator must:
(1) Notify the Director in
			 writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment
			 to the Director within 14 days of the determination, as to the amount of
			 liquids, likely sources of liquids, possible location, size, and cause of any
			 leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
			 location, size, and cause of any leak;
(4) Determine whether waste receipts should
			 cease or be curtailed, whether any waste should be removed from the unit for
			 inspection, repairs, or controls, and whether or not the unit should be
			 closed;
(5) Determine any other
			 short-term and longer-term actions to be taken to mitigate or stop any leaks;
			 and
(6) Within 30 days after the
			 notification that the action leakage rate has been exceeded, submit to the
			 Director the results of the analyses specified in paragraphs (b)(3), (4), and
			 (5) of this section, the results of actions taken, and actions planned. Monthly
			 thereafter, as long as the flow rate in the leak detection system exceeds the
			 action leakage rate, the owner or operator must submit to the Director a report
			 summarizing the results of any remedial actions taken and actions
			 planned.
(c) To make the
			 leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of
			 this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
			 of liquids by source,
(ii) Conduct
			 a fingerprint, hazardous constituent, or other analyses of the liquids in the
			 leak detection system to identify the source of liquids and possible location
			 of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
			 terms of potential for escaping into the environment; or (2) Document why such
			 assessments are not needed.
§ 265.260
Monitoring and
			 inspection
An owner or operator required to have a leak detection system
				under § 265.254 must record the amount of liquids removed from each leak
				detection system sump at least once each week during the active life and
				closure period.
Subsection
			 M
- Land Treatment
§
			 265.270
Applicability
The rules in this Subsection apply to owners and operators of
				hazardous waste land treatment facilities, except as § 265.1 provides
				otherwise.
§ 265.271
[Reserved]
§
			 265.272
General operating requirements
(a) Hazardous waste must not be placed in or
			 on a land treatment facility unless the waste can be made less hazardous or
			 nonhazardous by degradation, transformation, or immobilization processes
			 occurring in or on the soil.
(b)
			 The owner or operator must design, construct, operate, and maintain a run-on
			 control system capable of preventing flow onto the active portions of the
			 facility during peak discharge from at least a 25-year storm.
(c) The owner or operator must design,
			 construct, operate, and maintain a run-off management system capable of
			 collecting and controlling a water volume at least equivalent to a 24-hour,
			 25-year storm.
(d) Collection and
			 holding facilities (e.g., tanks or basins) associated with run-on and run-off
			 control systems must be emptied or otherwise managed expeditiously after storms
			 to maintain design capacity of the system.
(e) If the treatment zone contains
			 particulate matter which may be subject to wind dispersal, the owner or
			 operator must manage the unit to control wind dispersal.
§ 265.273
Waste analysis
In addition to the waste analyses required by § 265.13,
				before placing a hazardous waste in or on a land treatment facility, the owner
				or operator must:
(a) Determine the
			 concentrations in the waste of any substances which equal or exceed the maximum
			 concentrations contained in Table 1 of § 261.24 of this rule that cause a
			 waste to exhibit the Toxicity Characteristic;
(b) For any waste listed in Section 261,
			 Subsection D, of this rule, determine the concentrations of any substances
			 which caused the waste to be listed as a hazardous waste; and
(c) If food chain crops are grown, determine
			 the concentrations in the waste of each of the following constituents: arsenic,
			 cadmium, lead, and mercury, unless the owner or operator has written,
			 documented data that show that the constituent is not present.
[Comment: Section 261 of this rule specifies the substances for
				which a waste is listed as a hazardous waste. As required by § 265.13, the
				waste analysis plan must include analyses needed to comply with §§
				265.281 and 265.282. As required by § 265.73, the owner or operator must
				place the results from each waste analysis, or the documented information, in
				the operating record of the facility.]
§§ 265.274 -
265.275
			 [Reserved]
§ 265.276
Food chain crops
(a) An owner or
			 operator of a hazardous waste land treatment facility on which food chain crops
			 are being grown, or have been grown and will be grown in the future, must
			 notify the Director within 60 days after the effective date of this Section.
[Comment: The growth of food chain crops at a facility which
				has never before been used for this purpose is a significant change in process
				under 40 CFR 122.72(c). Owners or operators of such land treatment facilities
				who propose to grow food chain crops after the effective date of this Section
				must comply with 40 CFR 122.72(c).]
(b)
(1)
			 Food chain crops must not be grown on the treated area of a hazardous waste
			 land treatment facility unless the owner or operator can demonstrate, based on
			 field testing, that any arsenic, lead, mercury, or other constituents
			 identified under § 265.273(b):
(i) Will
			 not be transferred to the food portion of the crop by plant uptake or direct
			 contact, and will not otherwise be ingested by food chain animals (e.g., by
			 grazing); or
(ii) Will not occur
			 in greater concentrations in the crops grown on the land treatment facility
			 than in the same crops grown on untreated soils under similar conditions in the
			 same region.
(2) The
			 information necessary to make the demonstration required by paragraph (b)(1) of
			 this section must be kept at the facility and must, at a minimum:
(i) Be based on tests for the specific waste
			 and application rates being used at the facility; and
(ii) Include descriptions of crop and soil
			 characteristics, sample selection criteria, sample size determination,
			 analytical methods, and statistical procedures.
(c) Food chain crops must not be grown on a
			 land treatment facility receiving waste that contains cadmium unless all
			 requirements of paragraphs (c)(1) (i) through (iii) of this section or all
			 requirements of paragraphs (c)(2) (i) through (iv) of this section are met.
(1)
(i) The
			 pH of the waste and soil mixture is 6.5 or greater at the time of each waste
			 application, except for waste containing cadmium at concentrations of 2 mg/kg
			 (dry weight)
or less;
(ii) The annual application of cadmium from
			 waste does not exceed 0.5 kilograms per hectare (kg/ha) on land used for
			 production of tobacco, leafy vegetables, or root crops grown for human
			 consumption. For other food chain crops, the annual cadmium application rate
			 does not exceed:
Time period
Annual Cd application rate
				(kg/ha)
Present to June 30, 1984 2.0
July 1, 1984 to December 31, 1986 1.25 Beginning January 1,
				1987 0.5
(iii) The cumulative
			 application of cadmium from waste does not exceed the levels in either
			 paragraph (c)(1)(iii)(A) or (B) of this section.
(A)
Maximum cumulative application (kg/ha)
Soil caption Background soil pH exchange
						  capacity < 6.5 (meq/100g)
Background soil pH > 6.5
Less than 5 5
5
5 to 15 5
10
Greater than 15 5
20
(B) For
			 soils with a background pH of less than 6.5, the cumulative cadmium application
			 rate does not exceed the levels below: Provided, that the pH of the waste and
			 soil mixture is adjusted to and maintained at 6.5 or greater whenever food
			 chain crops are grown.
Soil caption exchange capacity (meq/100g)
						  (kg/ha)
Maximum cumulative application
Less than 5
5
5 to 15
10
Greater than 15
20
(2)
(i) The
			 only food chain crop produced is animal feed.
(ii) The pH of the waste and soil mixture is
			 6.5 or greater at the time of waste application or at the time the crop is
			 planted, whichever occurs later, and this pH level is maintained whenever food
			 chain crops are grown.
(iii) There
			 is a facility operating plan which demonstrates how the animal feed will be
			 distributed to preclude ingestion by humans. The facility operating plan
			 describes the measures to be taken to safeguard against possible health hazards
			 from cadmium entering the food chain, which may result from alternative land
			 uses.
(iv) Future property owners
			 are notified by a stipulation in the land record or property deed which states
			 that the property has received waste at high cadmium application rates and that
			 food chain crops must not be grown except in compliance with paragraph (c)(2)
			 of this section.
[Comment: As required by § 265.73, if an owner or operator
				grows food chain crops on his land treatment facility, he must place the
				information developed in this section in the operating record of the
				facility.]
§ 265.277
[Reserved]
§
			 265.278
Unsaturated zone (zone of aeration)
			 monitoring
(a) The owner or operator
			 must have in writing, and must implement, an unsaturated zone monitoring plan
			 which is designed to:
(1) Detect the vertical
			 migration of hazardous waste and hazardous waste constituents under the active
			 portion of the land treatment facility, and
(2) Provide information on the background
			 concentrations of the hazardous waste and hazardous waste constituents in
			 similar but untreated soils nearby; this background monitoring must be
			 conducted before or in conjunction with the monitoring required under paragraph
			 (a)(1) of this section.
(b) The unsaturated zone monitoring plan must
			 include, at a minimum:
(1) Soil monitoring
			 using soil cores, and
(2) Soil-pore
			 water monitoring using devices such as lysimeters.
(c) To comply with paragraph (a)(1) of this
			 section, the owner or operator must demonstrate in his unsaturated zone
			 monitoring plan that:
(1) The depth at which
			 soil and soil-pore water samples are to be taken is below the depth to which
			 the waste is incorporated into the soil;
(2) The number of soil and soil-pore water
			 samples to be taken is based on the variability of:
(i) The hazardous waste constituents (as
			 identified in § 265.273(a) and (b)) in the waste and in the soil; and
(ii) The soil type(s); and
(3) The frequency and
			 timing of soil and soil-pore water sampling is based on the frequency, time,
			 and rate of waste application, proximity to ground water, and soil
			 permeability.
(d) The
			 owner or operator must keep at the facility his unsaturated zone monitoring
			 plan, and the rationale used in developing this plan.
(e) The owner or operator must analyze the
			 soil and soil-pore water samples for the hazardous waste constituents that were
			 found in the waste during the waste analysis under § 265.273 (a) and (b).
[Comment: As required by § 265.73, all data and
				information developed by the owner or operator under this section must be
				placed in the operating record of the facility.]
§ 265.279
Recordkeeping
The owner or operator must include hazardous waste application
				dates and rates in the operating record required under § 265.73.
§ 265.280
Closure and
			 post-closure
(a) In the closure plan
			 under § 265.112 and the post-closure plan under § 265.118, the owner
			 or operator must address the following objectives and indicate how they will be
			 achieved:
(1) Control of the migration of
			 hazardous waste and hazardous waste constituents from the treated area into the
			 ground water;
(2) Control of the
			 release of contaminated run-off from the facility into surface water;
(3) Control of the release of airborne
			 particulate contaminants caused by wind erosion; and
(4) Compliance with § 265.276 concerning
			 the growth of food-chain crops.
(b) The owner or operator must consider at
			 least the following factors in addressing the closure and post-closure care
			 objectives of paragraph (a) of this section:
(1) Type and amount of hazardous waste and
			 hazardous waste constituents applied to the land treatment facility;
(2) The mobility and the expected rate of
			 migration of the hazardous waste and hazardous waste constituents;
(3) Site location, topography, and
			 surrounding land use, with respect to the potential effects of pollutant
			 migration (e.g., proximity to ground water, surface water and drinking water
			 sources);
(4) Climate, including
			 amount, frequency, and pH of precipitation;
(5) Geological and soil profiles and surface
			 and subsurface hydrology of the site, and soil characteristics, including
			 cation exchange capacity, total organic carbon, and pH;
(6) Unsaturated zone monitoring information
			 obtained under § 265.278; and
(7) Type, concentration, and depth of
			 migration of hazardous waste constituents in the soil as compared to their
			 background concentrations.
(c) The owner or operator must consider at
			 least the following methods in addressing the closure and post-closure care
			 objectives of paragraph (a) of this section:
(1) Removal of contaminated soils;
(2) Placement of a final cover, considering:
(i) Functions of the cover (e.g.,
			 infiltration control, erosion and run-off control, and wind erosion control);
			 and
(ii) Characteristics of the
			 cover, including material, final surface contours, thickness, porosity and
			 permeability, slope, length of run of slope, and type of vegetation on the
			 cover; and
(3)
			 Monitoring of ground water.
(d) In addition to the requirements of
			 Subsection G of this Section, during the closure period the owner or operator
			 of a land treatment facility must:
(1)
			 Continue unsaturated zone monitoring in a manner and frequency specified in the
			 closure plan, except that soil pore liquid monitoring may be terminated 90 days
			 after the last application of waste to the treatment zone;
(2) Maintain the run-on control system
			 required under § 265.272(b);
(3) Maintain the run-off management system
			 required under § 265.272(c); and
(4) Control wind dispersal of particulate
			 matter which may be subject to wind dispersal.
(e) For the purpose of complying with §
			 265.115, when closure is completed the owner or operator may submit to the
			 Director certification both by the owner or operator and by an independent
			 qualified soil scientist, in lieu of an independent qualified
			 Arkansas-registered professional engineer, that the facility has been closed in
			 accordance with the specifications in the approved closure plan.
(f) In addition to the requirements of §
			 265.117, during the post-closure care period the owner or operator of a land
			 treatment unit must:
(1) Continue soil-core
			 monitoring by collecting and analyzing samples in a manner and frequency
			 specified in the post-closure plan;
(2) Restrict access to the unit as
			 appropriate for its post-closure use;
(3) Assure that growth of food chain crops
			 complies with § 265.276; and
(4) Control wind dispersal of hazardous
			 waste.
§
			 265.281
Special requirements for ignitable or reactive
			 waste
The owner or operator must not apply ignitable or reactive
				waste to the treatment zone unless the waste and treatment zone meet all
				applicable requirements of Section 268, and:
(a) The waste is immediately incorporated
			 into the soil so that:
(1) The resulting
			 waste, mixture, or dissolution of material no longer meets the definition of
			 ignitable or reactive waste under § 261.21 or § 261.23 of this rule;
			 and
(2) Section 264.17(b) is
			 complied with; or
(b) The
			 waste is managed in such a way that it is protected from any material or
			 conditions which may cause it to ignite or react.
§ 265.282
Special requirements for
			 incompatible wastes
Incompatible wastes, or incompatible wastes and materials (see
				Appendix V for examples), must not be placed in the same land treatment area,
				unless § 265.17(b) is complied with.
Subsection N
-- Landfills
§ 265.300
Applicability
The rules in this Subsection apply to owners and operators of
				facilities that dispose of hazardous waste in landfills, except as § 265.1
				provides otherwise. A waste pile used as a disposal facility is a landfill and
				is governed by this Subsection.
§
			 265.301
Design and operating requirements
(a) The owner or operator of each new
			 landfill unit, each lateral expansion of a landfill unit, and each replacement
			 of an existing landfill unit must install two or more liners and a leachate
			 collection and removal system above and between such liners, and operate the
			 leachate collection and removal systems, in accordance with § 264.301(c),
			 unless exempted under § 264.301(d), (e), or (f) of this rule.
(b) The owner or operator of each unit
			 referred to in paragraph (a) of this section must notify the Director at least
			 sixty days prior to receiving waste. The owner or operator of each facility
			 submitting notice must file a Part B application within six months of the
			 receipt of such notice.
(c) The
			 owner or operator of any replacement landfill unit is exempt from paragraph (a)
			 of this section if:
(1) The existing unit was
			 constructed in compliance with the design standards of section 3004(o)(1)(A)(i)
			 and (o)(5) of the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the
			 liner is not functioning as designed.
(d) The double liner requirement set forth in
			 paragraph (a) of this section may be waived by the Director for any monofill,
			 if:
(1) The monofill contains only hazardous
			 wastes from foundry furnace emission controls or metal casting molding sand,
			 and such wastes do not contain constituents which would render the wastes
			 hazardous for reasons other than the toxicity characteristic in § 261.24
			 of this rule, with EPA Hazardous Waste Numbers D004 through D017; and
(2)
(i)
(A) The monofill has at least one liner for
			 which there is no evidence that such liner is leaking;
(B) The monofill is located more than
			 one-quarter mile from an "underground source of drinking water" (as that term
			 is defined in § 270.2 of this rule); and
(C) The monofill is in compliance with
			 generally applicable ground-water monitoring requirements for facilities with
			 permits under RCRA section 3005(c); or
(ii) The owner or operator demonstrates that
			 the monofill is located, designed and operated so as to assure that there will
			 be no migration of any hazardous constituent into ground water or surface water
			 at any future time.
(e) In the case of any unit in which the
			 liner and leachate collection system has been installed pursuant to the
			 requirements of paragraph (a) of this section and in good faith compliance with
			 paragraph (a) of this section and with guidance documents governing liners and
			 leachate collection systems under paragraph (a) of this section, no liner or
			 leachate collection system which is different from that which was so installed
			 pursuant to paragraph (a) of this section will be required for such unit by the
			 Director when issuing the first permit to such facility, except that the
			 Director will not be precluded from requiring installation of a new liner when
			 the Director has reason to believe that any liner installed pursuant to the
			 requirements of paragraph (a) of this section is leaking.
(f) The owner or operator must design,
			 construct, operate, and maintain a run-on control system capable of preventing
			 flow onto the active portion of the landfill during peak discharge from at
			 least a 25-year storm.
(g) The
			 owner or operator must design, construct, operate and maintain a run-off
			 management system to collect and control at least the water volume resulting
			 from a 24-hour, 25-year storm.
(h)
			 Collection and holding facilities (e.g., tanks or basins) associated with
			 run-on and run-off control systems must be emptied or otherwise managed
			 expeditiously after storms to maintain design capacity of the system.
(i) The owner or operator of a landfill
			 containing hazardous waste which is subject to dispersal by wind must cover or
			 otherwise manage the landfill so that wind dispersal of the hazardous waste is
			 controlled.
§
			 265.302
Action Leakage rate
(a) The owner or operator of landfill units
			 subject to § 265.301(a) must submit a proposed action leakage rate to the
			 Director when submitting the notice required under § 265.301(b). Within 60
			 days of receipt of the notification, the Director will: Establish an action
			 leakage rate, either as proposed by the owner or operator or modified using the
			 criteria in this section; or extend the review period for up to 30 days. If no
			 action is taken by the Director before the original 60 or extended 90 day
			 review periods, the action leakage rate will be approved as proposed by the
			 owner or operator.
(b) The Director
			 shall approve an action leakage rate for landfill units subject to §
			 265.301(a). The action leakage rate is the maximum design flow rate that the
			 leak detection system (LDS) can remove without the fluid head on the bottom
			 liner exceeding 1 foot. The action leakage rate must include an adequate safety
			 margin to allow for uncertainties in the design (e.g., slope, hydraulic
			 conductivity, thickness of drainage material), construction, operation, and
			 location of the LDS, waste and leachate characteristics, likelihood and amounts
			 of other sources of liquids in the LDS, and proposed response actions (e.g.,
			 the action leakage rate must consider decreases in the flow capacity of the
			 system over time resulting from siltation and clogging, rib layover and creep
			 of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate
			 has been exceeded, the owner or operator must convert the weekly or monthly
			 flow rate from the monitoring data obtained under § 265.304 to an average
			 daily flow rate (gallons per acre per day) for each sump. Unless the Director
			 approves a different calculation, the average daily flow rate for each sump
			 must be calculated weekly during the active life and closure period, and
			 monthly during the post-closure care period when monthly monitoring is required
			 under § 265.304(b).
[Comment: As required by § 265.13, the waste analysis plan
				must include analyses needed to comply with §§ 265.312, 265.313, and
				265.314. As required by § 265.73, the owner or operator must place the
				results of these analyses in the operating record of the facility.]
§ 265.303
Response actions
(a) The owner or
			 operator of landfill units subject to § 265.301(a) must develop and keep
			 on site until closure of the facility a response action plan. The response
			 action plan must set forth the actions to be taken if the action leakage rate
			 has been exceeded. At a minimum, the response action plan must describe the
			 actions specified in paragraph (b) of this section.
(b) If the flow rate into the leak detection
			 system exceeds the action leakage rate for any sump, the owner or operator
			 must:
(1) Notify the Director in writing of
			 the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment
			 to the Director within 14 days of the determination, as to the amount of
			 liquids, likely sources of liquids, possible location, size, and cause of any
			 leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
			 location, size, and cause of any leak;
(4) Determine whether waste receipt should
			 cease or be curtailed, whether any waste should be removed from the unit for
			 inspection, repairs, or controls, and whether or not the unit should be
			 closed;
(5) Determine any other
			 short-term and longer-term actions to be taken to mitigate or stop any leaks;
			 and
(6) Within 30 days after the
			 notification that the action leakage rate has been exceeded, submit to the
			 Director the results of the analyses specified in paragraphs (b)(3), (4), and
			 (5) of this section, the results of actions taken, and actions planned. Monthly
			 thereafter, as long as the flow rate in the leak detection system exceeds the
			 action leakage rate, the owner or operator must submit to the Director a report
			 summarizing the results of any remedial actions taken and actions
			 planned.
(c) To make the
			 leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of
			 this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
			 of liquids by source,
(ii) Conduct
			 a fingerprint, hazardous constituent, or other analyses of the liquids in the
			 leak detection system to identify the source of liquids and possible location
			 of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
			 terms of potential for escaping into the environment; or (2) Document why such
			 assessments are not needed.
§ 265.304
Monitoring and
			 inspection
(a) An owner or operator
			 required to have a leak detection system under § 265.301(a) must record
			 the amount of liquids removed from each leak detection system sump at least
			 once each week during the active life and closure period.
(b) After the final cover is installed, the
			 amount of liquids removed from each leak detection system sump must be recorded
			 at least monthly. If the liquid level in the sump stays below the pump
			 operating level for two consecutive months, the amount of liquids in the sumps
			 must be recorded at least quarterly. If the liquid level in the sump stays
			 below the pump operating level for two consecutive quarters, the amount of
			 liquids in the sumps must be recorded at least semi-annually. If at any time
			 during the post-closure care period the pump operating level is exceeded at
			 units on quarterly or semi-annual recording schedules, the owner or operator
			 must return to monthly recording of amounts of liquids removed from each sump
			 until the liquid level again stays below the pump operating level for two
			 consecutive months.
(c) "Pump
			 operating level" is a liquid level proposed by the owner or operator and
			 approved by the Director based on pump activation level, sump dimensions, and
			 level that avoids backup into the drainage layer and minimizes head in the
			 sump. The timing for submission and approval of the proposed "pump operating
			 level" will be in accordance with § 265.302(a).
§§ 265.305
- 265.308
			 [Reserved]
§ 265.309
Surveying and recordkeeping
The owner or operator of a landfill must maintain the following
				items in the operating record required in § 265.73:
(a) On a map, the exact location and
			 dimensions, including depth, of each cell with respect to permanently surveyed
			 benchmarks; and
(b) The contents of
			 each cell and the approximate location of each hazardous waste type within each
			 cell.
§ 265.310
Closure and post-closure care
(a) At final closure of the landfill or upon
			 closure of any cell, the owner or operator must cover the landfill or cell with
			 a final cover designed and constructed to:
(1)
			 Provide long-term minimization of migration of liquids through the closed
			 landfill;
(2) Function with minimum
			 maintenance;
(3) Promote drainage
			 and minimize erosion or abrasion of the cover;
(4) Accommodate settling and subsidence so
			 that the cover's integrity is maintained; and
(5) Have a permeability less than or equal to
			 the permeability of any bottom liner system or natural subsoils
			 present.
(b) After final
			 closure, the owner or operator must comply with all post-closure requirements
			 contained in §§ 265.117 through 265.120 including maintenance and
			 monitoring throughout the post-closure care period. The owner or operator must:
(1) Maintain the integrity and effectiveness
			 of the final cover, including making repairs to the cover as necessary to
			 correct the effects of settling, subsidence, erosion, or other
			 events;
(2) Maintain and monitor
			 the leak detection system in accordance with §§ 264.301(c)(3)(iv) and
			 (4) of this rule and 265.304(b), and comply with all other applicable leak
			 detection system requirements of this Section;
(3) Maintain and monitor the ground-water
			 monitoring system and comply with all other applicable requirements of
			 Subsection F of this Section;
(4)
			 Prevent run-on and run-off from eroding or otherwise damaging the final cover;
			 and
(5) Protect and maintain
			 surveyed benchmarks used in complying with §
			 265.309.
§
			 265.311
[Reserved]
§ 265.312
Special requirements for
			 ignitable or reactive waste
(a) Except
			 as provided in paragraph (b) of this section, and in § 265.316, ignitable
			 or reactive waste must not be placed in a landfill, unless the waste and
			 landfill meets all applicable requirements of 40 CFR part 268 and Section 268
			 of this rule, and:
(1) The resulting waste,
			 mixture, or dissolution of material no longer meets the definition of ignitable
			 or reactive waste under § 261.21 or § 261.23 of this rule; and (2)
			 Section 265.17(b) is complied with.
(b) [Reserved]
§ 265.313
Special requirements for
			 incompatible wastes
Incompatible wastes, or incompatible wastes and
			 materials, (see Appendix V for examples) must not be placed in the same
			 landfill cell, unless § 265.17(b) is complied with.
§ 265.314
Special requirements for
			 bulk and containerized liquids
(a) The
			 placement of bulk or non-containerized liquid hazardous waste or hazardous
			 waste containing free liquids (whether or not sorbents have been added) in any
			 landfill is prohibited.
(b)
			 Containers holding free liquids must not be placed in a landfill unless:
(1) All free-standing liquid,
(i) has been removed by decanting, or other
			 methods,
(ii) has been mixed with
			 sorbent or solidified so that free-standing liquid is no longer observed;
			 or
(iii) had been otherwise
			 eliminated; or
(2) The
			 container is very small, such as an ampule; or
(3) The container is designed to hold free
			 liquids for use other than storage, such as a battery or capacitor;
			 or
(4) The container is a lab pack
			 as defined in § 265.316 and is disposed of in accordance with §
			 265.316.
(c) To
			 demonstrate the absence or presence of free liquids in either a containerized
			 or a bulk waste, the following test must be used: Method 9095B (Paint Filter
			 Liquids Test) as described in "Test Methods for Evaluating Solid Waste,
			 Physical/Chemical Methods,'' EPA Publication SW- 846, as incorporated by
			 reference in § 260.11 of this rule.
(d) The date for compliance with paragraph
			 (a) of this section is November 19, 1981. The date for compliance with
			 paragraph (c) of this section is March 22, 1982.
(e) Sorbents used to treat free liquids to be
			 disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents
			 are: materials listed or described in paragraph (e)(1) of this section;
			 materials that pass one of the tests in paragraph (e)(2) of this section; or
			 materials that are determined by EPA to be nonbiodegradable through the 40 CFR
			 Part 260 petition process.
(1)
			 Nonbiodegradable sorbents.
(i) Inorganic
			 minerals, other inorganic materials, and elemental carbon (e.g.,
			 aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium
			 bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas
			 (illite), vermiculites, zeolites; calcium carbonate (organic free limestone);
			 oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite
			 (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly
			 ash; rice hull ash; activated charcoal/ activated carbon); or
(ii) High molecular weight synthetic polymers
			 (e.g., polyethylene, high density polyethylene (HDPE), polypropylene,
			 polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground
			 synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers).
			 This does not include polymers derived from biological material or polymers
			 specifically designed to be degradable; or
(iii) Mixtures of these nonbiodegradable
			 materials.
(2) Tests for
			 nonbiodegradable sorbents.
(i) The sorbent
			 material is determined to be nonbiodegradable under ASTM Method G21-70
			 (1984a)-Standard Practice for Determining Resistance of Synthetic Polymer
			 Materials to Fungi; or
(ii) The
			 sorbent material is determined to be nonbiodegradable under ASTM Method G22-76
			 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria;
			 or
(iii) The sorbent material is
			 determined to be non-biodegradable under OECD test 301B: [CO2 Evolution
			 (Modified Sturm Test)].
(f) The placement of any liquid which is not
			 a hazardous waste in a landfill is prohibited unless the owner or operator of
			 such landfill demonstrates to the Director, or the Drector determines that:
(1) The only reasonably available alternative
			 to the placement in such landfill is placement in a landfill or unlined surface
			 impoundment, whether or not permitted or operating under interim status, which
			 contains, or may reasonably be anticipated to contain, hazardous waste;
			 and
(2) Placement in such owner or
			 operator's landfill will not present a risk of contamination of any
			 ''underground source of drinking water'' (as that term is defined in §
			 270.2 of this rule).
§
			 265.315
Special requirements for containers
Unless they are very small, such as an ampule, containers must
				be either:
(a) At least 90 percent
			 full when placed in the landfill; or
(b) Crushed, shredded, or similarly reduced
			 in volume to the maximum practical extent before burial in the landfill.
§ 265.316
Disposal of small containers of hazardous waste in overpacked drums ("lab
			 packs")
Small containers of hazardous waste in overpacked drums (lab
				packs) may be placed in a landfill if the following requirements are
				met:
(a) Hazardous waste must be
			 packaged in non-leaking inside containers. The inside containers must be of a
			 design and constructed of a material that will not react dangerously with, be
			 decomposed by, or be ignited by the waste held therein. Inside containers must
			 be tightly and securely sealed. The inside containers must be of the size and
			 type specified in the Department of Transportation (DOT) hazardous materials
			 regulations (49 CFR parts 173, 178 and 179), if those regulations specify a
			 particular inside container for the waste.
(b) The inside containers must be overpacked
			 in an open head DOT-specification metal shipping container (49 CFR parts 178
			 and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at
			 a minimum, a sufficient quantity of sorbent material, determined to be
			 nonbiodegradable in accordance with §265.314(e) of this rule, to
			 completely sorb all of the liquid contents of the inside containers. The metal
			 outer container must be full after packing with inside containers and sorbent
			 material.
(c) The sorbent material
			 used must not be capable of reacting dangerously with, being decomposed by, or
			 being ignited by the contents of the inside containers, in accordance with
			 § 265.17(b).
(d) Incompatible
			 wastes, as defined in § 260.10 of this rule, must not be placed in the
			 same outside container.
(e)
			 Reactive waste, other than cyanide- or sulfide-bearing waste as defined in
			 § 261.23(a)(5) of this rule, must be treated or rendered non-reactive
			 prior to packaging in accordance with paragraphs (a) through (d) of this
			 section. Cyanide- and sulfide-bearing reactive waste may be packaged in
			 accordance with paragraphs (a) through (d) of this section without first being
			 treated or rendered non-reactive.
(f) Such disposal is in compliance with the
			 requirements of Section 268. Persons who incinerate lab packs according to the
			 requirements in § 268.42(c)(1) of this rule may use fiber drums in place
			 of metal outer containers. Such fiber drums must meet the DOT specifications in
			 49 CFR
			 173.12 and be overpacked according to the
			 requirements in paragraph (b) of this section.
Subsection O
-- Incinerators
§ 265.340
Applicability
(a) The rules of this Subsection apply to
			 owners and operators of hazardous waste incinerators (as defined in §
			 260.10 of this rules), except as § 265.1 provides otherwise.
(b) Integration of the MACT standards:
(1) Except as provided by paragraphs (b)(2)
			 and (b)(3) of this subsection, the standards of this section no longer apply
			 when an owner or operator demonstrates compliance with the maximum achievable
			 control technology (MACT) requirements of 40 CFR Part 63, Subpart EEE, by
			 conducting a comprehensive performance test and submitting to the Administrator
			 a Notification of Compliance under
			 40 CFR
			 63.1207(j) and
			 63.1210(d)
			 documenting compliance with the requirements of 40 CFR Part 63, Subpart
			 EEE.
(2) The MACT standards do not
			 replace the closure requirements of § 264.351 of this rule or the
			 applicable requirements of subparts A through H, BB and CC of this
			 section.
(3) Section 265.345
			 generally prohibiting burning of hazardous waste during startup and shutdown
			 remains in effect if you elect to comply with § 270.235(b)(1)(i) of this
			 rule to minimize emissions of toxic compounds from startup and
			 shutdown.
(c) Owners and
			 operators of incinerators burning hazardous waste are exempt from all of the
			 requirements of this Subsection, except § 265.351 (Closure), provided that
			 the owner or operator has documented, in writing, that the waste would not
			 reasonably be expected to contain any of the hazardous constituents listed in
			 Section 261, appendix VIII, of this rule, and such documentation is retained at
			 the facility, if the waste to be burned is:
(1) Listed as a hazardous waste in Section
			 261, Subsection D, of this rule solely because it is ignitable (Hazard Code I),
			 corrosive (Hazard Code C), or both; or
(2) Listed as a hazardous waste in Section
			 261, Subsection D, of this rule solely because it is reactive (Hazard Code R)
			 for characteristics other than those listed in § 261.23(a) (4) and (5),
			 and will not be burned when other hazardous wastes are present in the
			 combustion zone; or
(3) A hazardous
			 waste solely because it possesses the characteristic of ignitability,
			 corrosivity, or both, as determined by the tests for characteristics of
			 hazardous wastes under Section 261, Subsection C, of this rule; or
(4) A hazardous waste solely because it
			 possesses the reactivity characteristics described by § 261.23(a) (1),
			 (2), (3), (6), (7), or (8) of this rule, and will not be burned when other
			 hazardous wastes are present in the combustion
			 zone.
§
			 265.341
Waste analysis
In addition to the waste analyses required by § 265.13,
				the owner or operator must sufficiently analyze any waste which he has not
				previously burned in his incinerator to enable him to establish steady state
				(normal) operating conditions (including waste and auxiliary fuel feed and air
				flow) and to determine the type of pollutants which might be emitted. At a
				minimum, the analysis must determine:
(a) Heating value of the waste;
(b) Halogen content and sulfur content in the
			 waste; and
(c) Concentrations in
			 the waste of lead and mercury, unless the owner or operator has written,
			 documented data that show that the element is not present.
[Comment: As required by § 265.73, the owner or operator
				must place the results from each waste analysis, or the documented information,
				in the operating record of the facility.]
§§ 265.342 - 265.344 [Reserved]
§ 265.345
General operating requirements
During start-up and shut-down of an incinerator, the owner or
				operator must not feed hazardous waste unless the incinerator is at steady
				state (normal) conditions of operation, including steady state operating
				temperature and air flow.
§
			 265.346
[Reserved]
§ 265.347
Monitoring and
			 inspections
The owner or operator must conduct, as a minimum, the following
				monitoring and inspections when incinerating hazardous waste:
(a) Existing instruments which relate to
			 combustion and emission control must be monitored at least every 15 minutes.
			 Appropriate corrections to maintain steady state combustion conditions must be
			 made immediately either automatically or by the operator. Instruments which
			 relate to combustion and emission control would normally include those
			 measuring waste feed, auxiliary fuel feed, air flow, incinerator temperature,
			 scrubber flow, scrubber pH, and relevant level controls.
(b) The complete incinerator and associated
			 equipment (pumps, valves, conveyors, pipes, etc.) must be inspected at least
			 daily for leaks, spills, and fugitive emissions, and all emergency shutdown
			 controls and system alarms must be checked to assure proper operation.
§§ 265.348 -
			 265.350
[Reserved]
§
			 265.351
Closure
At closure, the owner or operator must remove all hazardous
				waste and hazardous waste residues (including but not limited to ash, scrubber
				waters, and scrubber sludges) from the incinerator.[
[Comment: At closure, as throughout the operating period,
				unless the owner or operator can demonstrate, in accordance with §
				261.3(d) of this rule, that the residue removed from his incinerator is not a
				hazardous waste, the owner or operator becomes a generator of hazardous waste
				and must manage it in accordance with all applicable requirements of parts 262
				through 266 of this rule.]
§
			 265.352
Interim status incinerators burning particular
			 hazardous wastes
(a) Owners or
			 operators of incinerators subject to this Subsection may burn EPA Hazardous
			 Wastes F020, F021, F022, F023, F026, or F027 if they receive a certification
			 from the Director that they can meet the performance standards of Subsection O
			 of Section 264 when they burn these wastes.
(b) The following standards and procedures
			 will be used in determining whether to certify an incinerator:
(1) The owner or operator will submit an
			 application to the Director containing applicable information in §§
			 270.19 and 270.62 demonstrating that the incinerator can meet the performance
			 standards in Subsection O of Section 264 when they burn these wastes.
(2) The Director will issue a tentative
			 decision as to whether the incinerator can meet the performance standards in
			 Subsection O of Section 264. Notification of this tentative decision will be
			 provided by newspaper advertisement and radio broadcast in the jurisdiction
			 where the incinerator is located. The Director will accept comment on the
			 tentative decision for 60 days. The Director also may hold a public hearing
			 upon request or at his discretion.
(3) After the close of the public comment
			 period, the Director will issue a decision whether or not to certify the
			 incinerator.
§§
			 265.353
- 265.369 [Reserved]
Subsection P
-- Thermal
			 Treatment
§ 265.370
Other
			 thermal treatment
The rule in this Subsection apply to owners or operators of
				facilities that thermally treat hazardous waste in devices other than enclosed
				devices using controlled flame combustion, except as § 265.1 provides
				otherwise. Thermal treatment in enclosed devices using controlled flame
				combustion is subject to the requirements of Subsection O if the unit is an
				incinerator, and Subsection H of Section 266, if the unit is a boiler or an
				industrial furnace as defined in § 260.10.
§§ 265.371
- 265.372
			 [Reserved]
§ 265.373
General operating requirements
Before adding hazardous waste, the owner or operator must bring
				his thermal treatment process to steady state (normal) conditions of operation
				- including steady state operating temperature - using auxiliary fuel or other
				means, unless the process is a non-continuous (batch) thermal treatment process
				which requires a complete thermal cycle to treat a discrete quantity of
				hazardous waste.
§
			 265.374
[Reserved]
§ 265.375
Waste analysis
In addition to the waste analyses required by § 265.13,
				the owner or operator must sufficiently analyze any waste which he has not
				previously treated in his thermal process to enable him to establish steady
				state (normal) or other appropriate (for a non-continuous process) operating
				conditions (including waste and auxiliary fuel feed) and to determine the type
				of pollutants which might be emitted. At a minimum, the analysis must
				determine:
(a) Heating value of the
			 waste;
(b) Halogen content and
			 sulfur content in the waste; and
(c) Concentrations in the waste of lead and
			 mercury, unless the owner or operator has written, documented data that show
			 that the element is not present.
[Comment: As required by § 265.73, the owner or operator
				must place the results from each waste analysis, or the documented information,
				in the operating record of the facility.]
§ 265.376
[Reserved]
§ 265.377
Monitoring and inspections
(a)
			 The owner or operator must conduct, as a minimum, the following monitoring and
			 inspections when thermally treating hazardous waste:
(1) Existing instruments which relate to
			 temperature and emission control (if an emission control device is present)
			 must be monitored at least every 15 minutes. Appropriate corrections to
			 maintain steady state or other appropriate thermal treatment conditions must be
			 made immediately either automatically or by the operator. Instruments which
			 relate to temperature and emission control would normally include those
			 measuring waste feed, auxiliary fuel feed, treatment process temperature, and
			 relevant process flow and level controls.
(2) The stack plume (emissions), where
			 present, must be observed visually at least hourly for normal appearance (color
			 and opacity). The operator must immediately make any indicated operating
			 corrections necessary to return any visible emissions to their normal
			 appearance.
(3) The complete
			 thermal treatment process and associated equipment (pumps, valves, conveyors,
			 pipes, etc.) must be inspected at least daily for leaks, spills, and fugitive
			 emissions, and all emergency shutdown controls and system alarms must be
			 checked to assure proper operation.
§§ 265.378
- 265.380
			 [Reserved]
§ 265.381
Closure
At closure, the owner or operator must remove all hazardous
				waste and hazardous waste residues (including, but not limited to, ash) from
				the thermal treatment process or equipment.
[Comment: At closure, as throughout the operating period,
				unless the owner or operator can demonstrate, in accordance with §
				261.3(c) or (d) of this rule, that any solid waste removed from his thermal
				treatment process or equipment is not a hazardous waste, the owner or operator
				becomes a generator of hazardous waste and must manage it in accordance with
				all applicable requirements of parts 262, 263, and 265 of this rule.]
§ 265.382
Open burning;
			 waste explosives
Open burning of hazardous waste is prohibited except for the
				open burning and detonation of waste explosives. Waste explosives include waste
				which has the potential to detonate and bulk military propellants which cannot
				safely be disposed of through other modes of treatment. Detonation is an
				explosion in which chemical transformation passes through the material faster
				than the speed of sound (0.33 kilometers/second at sea level). Owners or
				operators choosing to open burn or detonate waste explosives must do so in
				accordance with the following table and in a manner that does not threaten
				human health or the environment.
Pounds of waste explosives Minimum distance from
				open
burning or propellants or detonation to the
				property of others
0 to 100 204 meters (670 feet).
101 to 1,000 380 meters (1,250 feet).
1,001 to 10,000 530 meters (1,730 feet).
10,001 to 30,000 690 meters (2,260 feet).
The open burning or the open detonation of hazardous
				wastes on unprotected ground surfaces is prohibited. Open burning or open
				detonation of wastes must be conducted in or on a containment device elevated
				above ground level. The containment device must be sufficiently impermeable so
				as to prevent the leaching or migration of waste residues into the soil beneath
				or around the containment device. The design shall be such that protection
				against stormwater or other run-on or run-off is provided. Open burning of
				hazardous wastes shall not be allowed when alternate technologies are available
				and feasible. Applicants for a permit for open burning or open detonation of
				hazardous wastes shall be required to demonstrate that no reasonable
				alternative to open burning or detonation exists prior to the approval of such
				a permit.
§
			 265.383
Interim status thermal treatment devices burning
			 particular hazardous waste
(a) Owners
			 or operators of thermal treatment devices subject to this Subsection may burn
			 EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027 if they receive a
			 certification from the Director that they can meet the performance standards of
			 Subsection O of Section 264when they burn these wastes.
(b) The following standards and procedures
			 will be used in determining whether to certify a thermal treatment unit:
(1) The owner or operator will submit an
			 application to the Director containing the applicable information in
			 §§ 270.19 and 270.62 demonstrating that the thermal treatment unit
			 can meet the performance standard in Subsection O of Section 264 when they burn
			 these wastes.
(2) The Director will
			 issue a tentative decision as to whether the thermal treatment unit can meet
			 the performance standards in Subsection O of Section 264. Notification of this
			 tentative decision will be provided by newspaper advertisement and radio
			 broadcast in the jurisdiction where the thermal treatment device is located.
			 The Director will accept comment on the tentative decision for 60 days. The
			 Director also may hold a public hearing upon request or at his
			 discretion.
(3) After the close of
			 the public comment period, the Director will issue a decision whether or not to
			 certify the thermal treatment unit.
Subsection Q -- Chemical, Physical, and Biological
				Treatment
§ 265.400
Applicability
The rule in this Subsection apply to owners and operators of
				facilities which treat hazardous wastes by chemical, physical, or biological
				methods in other than tanks, surface impoundments, and land treatment
				facilities, except as § 265.1 provides otherwise. Chemical, physical, and
				biological treatment of hazardous waste in tanks, surface impoundments, and
				land treatment facilities must be conducted in accordance with Subsections J,
				K, and M, respectively.
§
			 265.401
General operating requirements
(a) Chemical, physical, or biological
			 treatment of hazardous waste must comply with § 265.17(b).
(b) Hazardous wastes or treatment reagents
			 must not be placed in the treatment process or equipment if they could cause
			 the treatment process or equipment to rupture, leak, corrode, or otherwise fail
			 before the end of its intended life.
(c) Where hazardous waste is continuously fed
			 into a treatment process or equipment, the process or equipment must be
			 equipped with a means to stop this inflow (e.g., a waste feed cut-off system or
			 by-pass system to a standby containment device).
[Comment: These systems are intended to be used in the event of
				a malfunction in the treatment process or equipment.]
§ 265.402
Waste analysis and trial tests
(a) In
			 addition to the waste analysis required by § 265.13, whenever:
(1) A hazardous waste which is substantially
			 different from waste previously treated in a treatment process or equipment at
			 the facility is to be treated in that process or equipment, or
(2) A substantially different process than
			 any previously used at the facility is to be used to chemically treat hazardous
			 waste; the owner or operator must, before treating the different waste or using
			 the different process or equipment:
1)
			 Conduct waste analyses and trial treatment tests (e.g., bench scale or pilot
			 plant scale tests); or
2)  Obtain
			 written, documented information on similar treatment of similar waste under
			 similar operating conditions; to show that this proposed treatment will meet
			 all applicable requirements of § 265.401 (a) and (b).
[Comment: As required by § 265.13, the waste analysis plan
				must include analyses needed to comply with §§ 265.405 and 265.406.
				As required by § 265.73, the owner or operator must place the results from
				each waste analysis and trial test, or the documented information, in the
				operating record of the
				facility.]
§ 265.403
Inspections
(a) The owner or operator of a treatment
			 facility must inspect, where present:
(1)
			 Discharge control and safety equipment (e.g., waste feed cut-off systems,
			 by-pass systems, drainage systems, and pressure relief systems) at least once
			 each operating day, to ensure that it is in good working order;
(2) Data gathered from monitoring equipment
			 (e.g., pressure and temperature gauges), at least once each operating day, to
			 ensure that the treatment process or equipment is being operated according to
			 its design;
(3) The construction
			 materials of the treatment process or equipment, at least weekly, to detect
			 corrosion or leaking of fixtures or seams; and
(4) The construction materials of, and the
			 area immediately surrounding, discharge confinement structures (e.g., dikes),
			 at least weekly, to detect erosion or obvious signs of leakage (e.g., wet spots
			 or dead vegetation).
[Comment: As required by § 265.15(c), the owner or
				operator must remedy any deterioration or malfunction he
				finds.]
§
			 265.404
Closure
At closure, all hazardous waste and hazardous waste residues
				must be removed from treatment processes or equipment, discharge control
				equipment, and discharge confinement structures.
[Comment: At closure, as throughout the operating period,
				unless the owner or operator can demonstrate, in accordance with § 261.3
				(c) or (d) of this rule, that any solid waste removed from his treatment
				process or equipment is not a hazardous waste, the owner or operator becomes a
				generator of hazardous waste and must manage it in accordance with all
				applicable requirements of Sections 262, 263, and 265 of this rule.]
§ 265.405
Special
			 requirements for ignitable or reactive waste
(a) Ignitable or reactive waste must not be
			 placed in a treatment process or equipment unless:
(1) The waste is treated, rendered, or mixed
			 before or immediately after placement in the treatment process or equipment so
			 that
(i) the resulting waste, mixture, or
			 dissolution of material no longer meets the definition of ignitable or reactive
			 waste under § 261.21 or 261.23 or this rule, and
(ii)
														§ 265.17(b) is complied with;
			 or
(2) The waste is
			 treated in such a way that it is protected from any material or conditions
			 which may cause the waste to ignite or react.
§ 265.406
Special requirements for
			 incompatible wastes
(a) Incompatible
			 wastes, or incompatible wastes and materials, (see Appendix V for examples)
			 must not be placed in the same treatment process or equipment, unless §
			 265.17(b) is complied with.
(b)
			 Hazardous waste must not be placed in unwashed treatment equipment which
			 previously held an incompatible waste or material, unless § 265.17(b) is
			 complied with.
Subsection
			 R
-- Underground Injection
§
			 265.430
Applicability
Except as § 265.1 provides otherwise:
(a) The owner or operator of a facility which
			 disposes of hazardous waste by underground injection is excluded from the
			 requirements of Subsections G and H of this Section.
(b) The requirements of this Subsection apply
			 to owners and operators of wells used to dispose of hazardous waste which are
			 classified as Class I under
			 40 CFR
			 144.6(a) of this rule and
			 which are classified as Class IV under
			 40 CFR
			 144.6(d).
[Comment: In addition to the requirements of Subsections A
				through E of this Section, the owner or operator of a facility which disposes
				of hazardous waste by underground injection ultimately must comply with the
				requirements of §§ 265.431 through 265.437. These sections are
				reserved at this time. EPA and Division will propose rules that would establish
				those requirements.]
Subsections S-V
[Reserved]
Subsection W
-- Drip
			 Pads
§ 265.440
Applicability
(a) The requirements of
			 this Subsection apply to owners and operators of facilities that use new or
			 existing drip pads to convey treated wood drippage, precipitation, and/or
			 surface water run-off to an associated collection system . Existing drip pads
			 are those constructed before December 6, 1990, and those for which the owner or
			 operator has final design and has entered into binding financial or other
			 agreements for construction prior to December 6, 1990. All other drip pads are
			 new drip pads. The requirement at § 265.443(b)(3) to install a leak
			 collection system applies only to those drip pads that are constructed after
			 December 24, 1992, except for those constructed after December 24, 1992 for
			 which the owner or operator has a final design and has entered into binding
			 financial or other agreements for construction prior to December 24,
			 1992.
(b) The owner or operator of
			 any drip pad that is inside or under a structure that provides protection from
			 precipitation so that neither run-off nor run-on is generated is not subject to
			 regulation under § 265.443(e) or § 265.443(f), as
			 appropriate.
(c) The requirements
			 of this subsection are not applicable to the management of infrequent and
			 incidental drippage in storage yards provided that:
(1) The owner or operator maintains and
			 complies with a written contingency plan that describes how the owner or
			 operator will respond immediately to the discharge of such infrequent and
			 incidental drippage. At a minimum, the contingency plan must describe how the
			 owner or operator will do the following:
(i)
			 Clean up the drippage;
(ii)
			 Document the cleanup of the drippage;
(iii) Retain documents regarding the cleanup
			 for a minimum of three years;
(iv)
			 Manage the contaminated media in a manner consistent with this Rule.
§
			 265.441
Assessment of existing drip pad integrity
(a) For each existing drip pad as defined in
			 § 265.440, the owner or operator must evaluate the drip pad and determine
			 that it meets all of the requirements of this Subsection, except the
			 requirements for liners and leak detection systems of § 265.443(b). No
			 later than the effective date of this rule, the owner or operator must obtain
			 and keep on file at the facility a written assessment of the drip pad, reviewed
			 and certified by an
independent, qualified Arkansas-registered
			 professional engineer
that attests to the results of the evaluation.
			 The assessment must be reviewed, updated and re-certified annually until all
			 upgrades, repairs, or modifications necessary to achieve compliance with all of
			 the standards of § 265.443 are complete. The evaluation must document the
			 extent to which the drip pad meets each of the design and operating standards
			 of § 265.443, except the standards for liners and leak detection systems,
			 specified in § 265.443(b).
(b)
For immediate protection of the environment, all existing drip pads
			 must have an impermeable (as specified at § 265.443(a)(4)(i)) coating or
			 cover in place not later than September 30, 1995
. In addition, the
			 owner or operator must develop a written plan for upgrading, repairing, and
			 modifying of the drip pad to meet the requirements of § 265.443(b), and
			 submit the plan to the Director no later than 2 years before the date that all
			 repairs, upgrades, and modifications are complete. This written plan must
			 describe all changes to be made to the drip pad in sufficient detail to
			 document compliance with all the requirements of § 265.443. The plan must
			 be reviewed and certified by an
independent qualified
			 Arkansas-registered professional engineer.
Note: A properly installed and maintained drip pad coating
				which is installed to meet the September 30, 1995 deadline should satisfy the
				eventual coating option of § 265.443(a)(4).
(c) Upon completion of all, repairs, and
			 modifications, the owner or operator must submit to the Director, the as-built
			 drawings for the drip pad together with a certification by an
independent, qualified Arkansas-registered professional engineer
attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or
			 unfit for use, the owner or operator must comply with the provisions of §
			 265.443(m) of this Subsection or close the drip pad in accordance with §
			 265.445 of this Subsection.
§
			 265.442
Design and installation of new drip pads
Owners and operators of new drip pads must ensure that the pads
				are designed, installed, and operated in accordance with one of the
				following:
(a) All of the applicable
			 requirements of §§ 265.443 (except 264.443(a)(4)), 265.444 and
			 265.445 of this Subsection, or
(b)
			 All of the applicable requirements of §§ 265.443 (except 265.443(b)),
			 265.444 and 265.445 of this Subsection.
§ 265.443
Design and operating
			 requirements
(a) Drip pads must:
(1) Be constructed of non-earthen materials,
			 excluding wood and non-structurally supported asphalt;
(2) Be sloped to free-drain treated wood
			 drippage, rain and other waters, or solutions of drippage and water or other
			 wastes to the associated collection system;
(3) Have a curb or berm around the
			 perimeter;
(4)
(i) Have a hydraulic conductivity of less
			 than or equal to 1x10-7  centimeters per second,
			 e.g., existing concrete drip pads must be sealed, coated, or covered with a
			 surface material with a hydraulic conductivity of less than or equal to
			 1x10-7  centimeters per second such that the entire
			 surface where drippage occurs or may run across is capable of containing all
			 such drippage and mixtures of drippage and precipitation, materials, or other
			 wastes while being routed to an associated collection system. This surface
			 material must be maintained free of cracks and gaps that could adversely affect
			 its hydraulic conductivity, and the material must be chemically compatible with
			 the preservatives that contact the drip pad. The requirements of this provision
			 apply to existing drip pads, and those drip pads for which the owner or
			 operator elects to comply with § 265.442(b) instead of § 265.442(a).
Penetrating sealants are not adequate to meet this coating or cover
			 requirement.
(ii) The
			 owner or operator must obtain and keep on file at the facility a written
			 assessment (§ 265.443) of the drip pad, reviewed and certified by an
independent,qualified, Arkansas-registered professional
			 engineer
that attests to the results of the evaluation. This
			 assessment must be renewed, updated, and recertified annually. The evaluation
			 must document the extent to which the drip pad meets the design and operating
			 standards of this Subsection, except for paragraph (b)of this section.
Note: The requirement that existing drip pads be impermeable,
				e.g., that drip pads be sealed, coated, or covered with an impermeable material
				was in the past administratively stayed. The stay remained in effect until
				October 30, 1992. All existing drip pads, regardless of age, must have an
				impermeable coating or cover in place by September 30, 1995.
(5) Be of sufficient structural
			 strength and thickness to prevent failure due to physical contact, climatic
			 conditions, the stress of installation, and the stress of daily operations,
			 e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.
Note: The Division will generally consider applicable standards
				established by professional organizations generally recognized by industry such
				as the American Concrete Institute (ACI) and the American Society of Testing
				Materials (ASTM) in judging the structural integrity requirement of this
				paragraph.
(b)
			 If an owner/operator elects to comply with 265.442(a) instead of 265.442(b),
			 the drip pad must have:
(1) A synthetic liner
			 installed below the drip pad that is designed, constructed, and installed to
			 prevent leakage from the drip pad into the adjacent subsurface soil or
			 groundwater or surface water at any time during the active life (including the
			 closure period) of the drip pad. The liner must be constructed of materials
			 that will prevent waste from being absorbed into the liner and prevent releases
			 into the adjacent subsurface soil or ground water or surface water during the
			 active life of the facility. The liner must be:
(i) Constructed of materials that have
			 appropriate chemical properties and sufficient strength and thickness to
			 prevent failure due to pressure gradients (including static head and external
			 hydrogeologic forces), physical contact with the waste or drip pad leakage to
			 which they are exposed, climatic conditions, the stress of installation, and
			 the stress of daily operation (including stresses from vehicular traffic on the
			 drip pad);
(ii) Placed upon a
			 foundation or base capable of providing support to the liner and resistance to
			 pressure gradients above and below the liner to prevent failure of the liner
			 due to settlement, compression or uplift; and
(iii) Installed to cover all surrounding
			 earth that could come in contact with the waste or leakage; and
(2) A leakage detection system
			 immediately above the liner that is designed, constructed, maintained and
			 operated to detect leakage from the drip pad. The leakage detection system must
			 be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed
			 in the drip pad and the leakage that might be generated; and
(B) Of sufficient strength and thickness to
			 prevent collapse under the pressures exerted by overlaying materials and by any
			 equipment used at the drip pad; and
(ii) Designed and operated to function
			 without clogging through the scheduled closure of the drip pad.
(iii) Designed so that it will detect the
			 failure of the drip pad or the presence of a release of hazardous waste or
			 accumulated liquid at the earliest practicable time. (3) A leakage collection
			 system immediately above the liner that is designed, constructed, maintained,
			 and operated to collect leakage from the drip pad such that it can be removed
			 from below the drip pad. The date, time, and quantity of any leakage collected
			 in this system and removed must be documented in the operating log.
(c) Drip pads must be
			 maintained such that they remain free of cracks, gaps, corrosion, or other
			 deterioration that could cause hazardous waste to be released from the drip
			 pad.
Note: See § 265.443(m) for remedial action required if
				deterioration or leakage is detected.
(d) The drip pad and associated collection
			 system must be designed and operated to convey, drain, and collect liquid
			 resulting from drippage or precipitation in order to prevent run-off.
(e) Unless protected by a structure, as
			 described in § 265.440(b) of this subpart, the owner or operator must
			 design, construct, operate and maintain a run-on control system capable of
			 preventing flow onto the drip pad during peak discharge from at least a
			 24-hour, 25-year storm unless the system has sufficient excess capacity to
			 contain any run-on that might enter the system, or the drip pad is protected by
			 a structure or cover, as described in § 265.440(b) of this
			 subpart.
(f) Unless protected by a
			 structure or cover, as described in § 265.440(b) of this subpart, the
			 owner or operator must design, construct, operate and maintain a run-off
			 management system to collect and control at least the water volume resulting
			 from a 24-hour, 25-year storm.
(g)
			 The drip pad must be evaluated to determine that it meets the requirements of
			 paragraphs (a) through (f) of this section and the owner or operator must
			 obtain a statement from an
independent, qualified Arkansas-registered
			 professional engineer
certifying that the drip pad design meets the
			 requirements of this section.
(h)
			 Drippage and accumulated precipitation must be removed from the associated
			 collection system as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface must be cleaned
			 thoroughly in a manner and frequency such that accumulated residues of
			 hazardous waste or other materials are removed, with residues being properly
			 managed as hazardous waste, so as to allow weekly inspections of the entire
			 drip pad surface without interference or hindrance from accumulated residues of
			 hazardous wastes or other materials on the drip pad. The owner or operator must
			 document the date and time of each cleaning and the cleaning and the cleaning
			 procedure used in the facility's operating log. The owner/operator must
			 determine if the residues are hazardous as per § 262.11 and, if so, must
			 manage them under Sections 261-279 of this rule.
(j) Drip pads must be operated and maintained
			 in a manner to minimize tracking of hazardous waste or hazardous waste
			 constituents off the drip pad as a result of activities by personnel or
			 equipment.
(k) After being removed
			 from the treatment vessel, treated wood from pressure and non-pressure
			 processes must be held on the drip pad until drippage has ceased. The owner or
			 operator must maintain records sufficient to document that all treated wood is
			 held on the pad following treatment in accordance with this
			 requirement.
(l) Collection and
			 holding units associated with run-on and run-off control systems must be
			 emptied or otherwise managed as soon as possible after storms to maintain
			 design capacity of the system.
(m)
			 Throughout the active life of the drip pad, if the owner or operator detects a
			 condition that may have caused or has caused a release of hazardous waste, the
			 condition must be repaired within a reasonably prompt period of time following
			 discovery, in accordance with the following procedures:
(1) Upon detection of a condition that may
			 have caused or has caused a release of hazardous waste (e.g., upon detection of
			 leakage by the leak detection system), the owner or operator must:
(i) Enter a record of the discovery in the
			 facility operating log;
(ii)
			 Immediately remove the portion of the drip pad affected by the condition from
			 service;
(iii) Determine what steps
			 must be taken to repair the drip pad, remove any leakage from below the drip
			 pad, and establish a schedule for accomplishing the clean up and
			 repairs;
(iv) Within 24 hours after
			 discovery of the condition, notify the Director of the condition and, within 10
			 working days, provide a written notice to the Director with a description of
			 the steps that will be taken to repair the drip pad, and clean up any leakage,
			 and the schedule for accomplishing this work.
(2) The Director will review the information
			 submitted, make a determination regarding whether the pad must be removed from
			 service completely or partially until repairs and clean up are complete, and
			 notify the owner or operator of the determination and the underlying rationale
			 in writing.
(3) Upon completing all
			 repairs and clean up, the owner or operator must notify the Director in writing
			 and provide a certification, signed by an independent qualified,
			 Arkansas-registered professional engineer, that the repairs and clean up have
			 been completed according to the written plan submitted in accordance with
			 paragraph (m)(1)(iv) of this section.
(n) The owner or operator must maintain, as
			 part of the facility operating log, documentation of past operating and waste
			 handling practices. This must include identification of preservative
			 formulations used in the past, a description of drippage management practices,
			 and a description of treated wood storage and handling practices.
§ 265.444
Inspections
(a) During construction or
			 installation, liners and cover systems (e.g., membranes, sheets, or coatings)
			 must be inspected for uniformity, damage, and imperfections (e.g., holes,
			 cracks, thin spots, or foreign materials). Immediately after construction or
			 installation, liners must be inspected and certified as meeting the
			 requirements of § 265.443 by an
independent qualified,
			 Arkansas-registered professional engineer.
The certification must be
			 maintained at the facility as part of the facility operating record. After
			 installation liners and covers must be inspected to ensure tight seams and
			 joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it must
			 be inspected weekly and after storms to detect evidence of any of the
			 following:
(1) Deterioration, malfunctions or
			 improper operation of run-on and run-off control systems;
(2) The presence of leakage in and proper
			 functioning of leakage detection system.
(3) Deterioration or cracking of the drip pad
			 surface.
Note: See § 265.443(m) for remedial action required if
				deterioration or leakage is detected.
§ 265.445
Closure
(a) At closure, the owner or operator must
			 remove or decontaminate all waste residues, contaminated containment system
			 components (pad, liners, etc.), contaminated subsoils, and structures and
			 equipment contaminated with waste and leakage, and manage them as hazardous
			 waste.
(b) If, after removing or
			 decontaminating all residues and making all reasonable efforts to effect
			 removal or decontamination of contaminated components, subsoils, structures,
			 and equipment as required in paragraph (a) of this section, the owner or
			 operator finds that not all contaminated subsoils can be practically removed or
			 decontaminated, he must close the facility and perform post-closure care in
			 accordance with closure and post-closure care requirements that apply to
			 landfills (§ 265.310). For permitted units, the requirement to have a
			 permit continues throughout the post-closure period.
(c)
(1) The
			 owner or operator of an existing drip pad, as defined in § 265.440 of this
			 subpart, that does not comply with the liner requirements of §
			 265.443(b)(1) must:
(i) Include in the closure
			 plan for the drip pad under § 265.112 both a plan for complying with
			 paragraph (a) of this section and a contingent plan for complying with
			 paragraph (b) of this section in case not all contaminated subsoils can be
			 practicably removed at closure; and
(ii) Prepare a contingent post-closure plan
			 under § 265.118 of this part for complying with paragraph (b) of this
			 section in case not all contaminated subsoils can be practicably removed at
			 closure.
(2) The cost
			 estimates calculated under §§ 265.112 and 265.144 of this part for
			 closure and post-closure care of a drip pad subject to this paragraph must
			 include the cost of complying with the contingent closure plan and the
			 contingent post-closure plan, but are not required to include the cost of
			 expected closure under paragraph (a) of this section.
Subsections X
-Z
			 [Reserved]
Subsection AA
-- Air Emission Standards for Process Vents
§ 265.1030
Applicability
(a) The rules in this Subsection apply to
			 owners and operators of facilities that treat, store, or dispose of hazardous
			 wastes (except as provided in § 265.1 of this rule).
(b) Except for §§ 265.1034,
			 paragraphs (d) and (e), this Subsection applies to process vents associated
			 with distillation, fractionation, thin-film evaporation, solvent extraction, or
			 air or steam stripping operations that manage hazardous wastes with organic
			 concentrations of at least 10 ppmw, if these operations are conducted in one of
			 the following:
(1) A unit that is subject to
			 the permitting requirements of § 270 of this rule, or
(2) A unit (including a hazardous waste
			 recycling unit) that is not exempt from permitting under the provisions of
			 § 262.17 of this rule (i.e., a hazardous waste recycling unit that is not
			 a 90-day tank or container) and that is located at a hazardous waste management
			 facility otherwise subject to the permitting requirements of § 270,
			 or
(3) A unit that is exempt from
			 permitting under the provisions of § 262.17(i.e., a "90-day" tank or
			 container) and is not a recycling unit under the requirements of § 261.6.
[Note: The requirements of §§ 265.1032 through
				265.1036 apply to process vents on hazardous waste recycling units previously
				exempt under paragraph 261.6(c)(1). Other exemptions under §§ 261.4
				and 265.1(c) are not affected by these requirements.]
(c) [Reserved]
(d) The requirements of this subsection do
			 not apply to the process vents at a facility where the facility owner or
			 operator certifies that all of the process vents that would otherwise be
			 subject to this subsection are equipped with and operating air emission
			 controls in accordance with the process vent requirements of an applicable
			 Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
			 The documentation of compliance under regulations at 40 CFR part 60, part 61,
			 or part 63 shall be kept with, or made readily available with, the facility
			 operating record.
§
			 265.1031
Definitions
As used in this Subsection, all terms shall have the meaning
				given them in § 264.1031, RCRA, the Act, and Sections 260-266 of this
				rule.
§ 265.1032
Standards: Process vents
(a) The
			 owner or operator of a facility with process vents associated with
			 distillation, fractionation, thin-film evaporation, solvent extraction or air
			 or steam stripping operations managing hazardous wastes with organic
			 concentrations at least 10 ppmw shall either:
(1) Reduce total organic emissions from all
			 affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr
			 (3.1 tons/yr), or
(2) Reduce, by
			 use of a control device, total organic emissions from all affected process
			 vents at the facility by 95 weight percent.
(b) If the owner or operator installs a
			 closed-vent system and control device to comply with the provisions of
			 paragraph (a) of this section, the closed-vent system and control device must
			 meet the requirements of § 265.1033.
(c) Determinations of vent emissions and
			 emission reductions or total organic compound concentrations achieved by add-on
			 control devices may be based on engineering calculations or performance tests.
			 If performance tests are used to determine vent emissions, emission reductions,
			 or total organic compound concentrations achieved by add-on control devices,
			 the performance tests must conform with the requirements of §
			 265.1034(c).
(d) When an owner or
			 operator and the Director do not agree on determinations of vent emissions
			 and/or emission reductions or total organic compound concentrations achieved by
			 addon control devices based on engineering calculations, the test methods in
			 § 265.1034(c) shall be used to resolve the disagreement.
§ 265.1033
Standards:
			 Closed-vent systems and control devices
(a)
(1)
			 Owners or operators of closed-vent systems and control devices used to comply
			 with provisions of this Section shall comply with the provisions of this
			 section.
(2)
(i) The owner or operator of an existing
			 facility who cannot install a closed-vent system and control device to comply
			 with the provisions of this subsection on the effective date that the facility
			 becomes subject to the requirements of this subsection must prepare an
			 implementation schedule that includes dates by which the closed-vent system and
			 control device will be installed and in operation. The controls must be
			 installed as soon as possible, but the implementation schedule may allow up to
			 30 months after the effective date that the facility becomes subject to this
			 subsection for installation and startup.
(ii) Any unit that begins operation after
			 December 21, 1990, and is subject to the requirements of this subsection when
			 operation begins, must comply with the rules immediately (i.e., must have
			 control devices installed and operating on startup of the affected unit); the
			 30-month implementation schedule does not apply.
(iii) The owner or operator of any facility
			 in existence on the effective date of a statutory or EPA regulatory amendment
			 that renders the facility subject to this subsection shall comply with all
			 requirements of this subsection as soon as practicable but no later than 30
			 months after the amendment's effective date. When control equipment required by
			 this subsection can not be installed and begin operation by the effective date
			 of the amendment, the facility owner or operator shall prepare an
			 implementation schedule that includes the following information: Specific
			 calendar dates for award of contracts or issuance of purchase orders for the
			 control equipment, initiation of on-site installation of the control equipment,
			 completion of the control equipment installation, and performance of any
			 testing to demonstrate that the installed equipment meets the applicable
			 standards of this subsection. The owner or operator shall enter the
			 implementation schedule in the operating record or in a permanent, readily
			 available file located at the facility.
(iv) Owners and operators of facilities and
			 units that become newly subject to the requirements of this subsection after
			 December 8, 1997, due to an action other than those described in paragraph
			 (a)(2)(iii) of this section must comply with all applicable requirements
			 immediately (i.e., must have control devices installed and operating on the
			 date the facility or unit becomes subject to this subsection; the 30-month
			 implementation schedule does not apply).
(b) A control device involving vapor recovery
			 (e.g., a condenser or adsorber) shall be designed and operated to recover the
			 organic vapors vented to it with an efficiency of 95 weight percent or greater
			 unless the total organic emission limits of § 265.1032(a)(1) for all
			 affected process vents can be attained at an efficiency less than 95 weight
			 percent.
(c) An enclosed combustion
			 device (e.g., a vapor incinerator, boiler, or process heater) shall be designed
			 and operated to reduce the organic emissions vented to it by 95 weight percent
			 or greater; to achieve a total organic compound concentration of 20 ppmv,
			 expressed as the sum of the actual compounds, not carbon equivalents, on a dry
			 basis corrected to 3 percent oxygen; or to provide a minimum residence time of
			 0.50 seconds at a minimum temperature of 760 °C. If a boiler or process
			 heater is used as the control device, then the vent stream shall be introduced
			 into the flame combustion zone of the boiler or process heater.
(d)
(1) A
			 flare shall be designed for and operated with no visible emissions as
			 determined by the methods specified in paragraph (e)(1) of this section, except
			 for periods not to exceed a total of 5 minutes during any 2 consecutive
			 hours.
(2) A flare shall be
			 operated with a flame present at all times, as determined by the methods
			 specified in paragraph (f)(2)(iii) of this section.
(3) A flare shall be used only if the net
			 heating value of the gas being combusted is 264.2 MJ/scm (300 Btu/scf) or
			 greater, if the flare is steam-assisted or air-assisted; or if the net heating
			 value of the gas being combusted is 260.45 MJ/scm (200 Btu/scf) or greater if
			 the flare is nonassisted. The net heating value of the gas being combusted
			 shall be determined by the methods specified in paragraph (e)(2) of this
			 section.
(4)
(i) A steam-assisted or nonassisted flare
			 shall be designed for and operated with an exit velocity, as determined by the
			 methods specified in paragraph (e)(3) of this section, of less than 18.3 m/s
			 (60 ft/s), except as provided in paragraphs (d)(4) (ii) and (iii) of this
			 section.
(ii) A steam-assisted or
			 nonassisted flare designed for and operated with an exit velocity, as
			 determined by the methods specified in paragraph (e)(3) of this section, equal
			 to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is
			 allowed if the net heating value of the gas being combusted is greater than
			 37.3 MJ/scm (1,000 Btu/scf).
(iii)
			 A steam-assisted or nonassisted flare designed for and operated with an exit
			 velocity, as determined by the methods specified in paragraph (e)(3) of this
			 section, less than the velocity, Vmax , as determined by
			 the method specified in paragraph (e)(4) of max this section, and less than 122
			 m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be designed
			 and operated with an exit velocity less than the
			 velocity,Vmax as determined by the method specified in
			 paragraph (e)(5) of this section.
(6) A flare used to comply with this section
			 shall be steam-assisted. air-assisted, or nonassisted.
(e)
(1)
			 Reference Method 22 in 40 CFR part 60 shall be used to determine the compliance
			 of a flare with the visible emission provisions of this Subsection. The
			 observation period is 2 hours and shall be used according to Method
			 22.
(2) The net heating value of
			 the gas being combusted in a flare shall be calculated using the following
			 equation:
where:
Click here to view
				image
HT =Net heating value of the sample,
				MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25
				°C and 760 mm Hg, but the standard temperature for determining the volume
				corresponding to 1 mol is 20 °C;
K=Constant, 1.74X10- 7 (1/ppm) (g
				mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20
				°C;
Ci =Concentration of sample component i
				in ppm on a wet basis, as measured for organics by
Reference Method 18 in 40 CFR part 60 and measured for hydrogen
				and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified
				in § 260.11); and
Hi =Net heat of combustion of sample
				component i, kcal/g mol at 25 °C and 760 mm Hg. The i heats of combustion
				may be determined using ASTM D 2382-83 (incorporated by reference as specified
				in § 260.11) if published values are not available or cannot be
				calculated.
(3) The actual
			 exit velocity of a flare shall be determined by dividing the volumetric flow
			 rate (in units of standard temperature and pressure), as determined by
			 Reference Methods 2, 2A, 2C, or 2D in 40 CFR part 60 as appropriate, by the
			 unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s,
			 Vmax, for a flare complying with paragraph (d)(4)(iii)
			 of this section shall be determined by the following equation:
Click here to view
				image
where:
HT =The net heating value as determined
				in paragraph (e)(2) of this section.
28. 8=Constant,
31. 7=Constant.
(5) The maximum allowed velocity in m/s,
			 Vmax, for an air-assisted flare shall be max determined
			 by the following equation:
Click here to view
				image
where:
8.706 = Constant.
0.7084 = Constant.
H T = The net heating value as
				determined in paragraph (e)(2) of this section.
(f) The owner or operator shall monitor and
			 inspect each control device required to comply with this section to ensure
			 proper operation and maintenance of the control device by implementing the
			 following requirements:
(1) Install,
			 calibrate, maintain, and operate according to the manufacturer's specifications
			 a flow indicator that provides a record of vent stream flow from each affected
			 process vent to the control device at least once every hour. The flow indicator
			 sensor shall be installed in the vent stream at the nearest feasible point to
			 the control device inlet, but before being combined with other vent
			 streams.
(2) Install, calibrate,
			 maintain, and operate according to the manufacturer's specifications a device
			 to continuously monitor control device operation as specified below:
(i) For a thermal vapor incinerator, a
			 temperature monitoring device equipped with a continuous recorder. The device
			 shall have an accuracy of ±1 percent of the temperature being monitored
			 in °C or ±0.5 °C. whichever is greater. The temperature sensor
			 shall be installed at a location in the combustion chamber downstream of the
			 combustion zone.
(ii) For a
			 catalytic vapor incinerator, a temperature monitoring device equipped with a
			 continuous recorder. The device shall be capable of monitoring temperature at
			 two locations and have an accuracy of ±1 percent of the temperature
			 being monitored in °C or ±0.5 °C, whichever is greater. One
			 temperature sensor shall be installed in the vent stream at the nearest
			 feasible point to the catalyst bed inlet and a second temperature sensor shall
			 be installed in the vent stream at the nearest feasible point to the catalyst
			 bed outlet.
(iii) For a flare, a
			 heat sensing monitoring device equipped with a continuous recorder that
			 indicates the continuous ignition of the pilot flame.
(iv) For a boiler or process heater having a
			 design heat input capacity less than 44 MW, a temperature monitoring device
			 equipped with a continuous recorder. The device shall have an accuracy of
			 ±1 percent of the temperature being monitored in °C or ±0.5
			 °C, whichever is greater. The temperature sensor shall be installed at a
			 location in the furnace downstream of the combustion zone.
(v) For a boiler or process heater having a
			 design heat input capacity greater than or equal to 44 MW, a monitoring device
			 equipped with a continuous recorder to measure a parameter(s) that indicates
			 good combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a
			 continuous recorder to measure the concentration level of the organic compounds
			 in the exhaust vent stream from the condenser; or
(B) A temperature monitoring device equipped
			 with a continuous recorder. The device shall be capable of monitoring
			 temperature with an accuracy of ±1 percent of the temperature being
			 monitored in degrees Celsius (°C) or ±0.5 °C, whichever is
			 greater. The temperature sensor shall be installed at a location in the exhaust
			 vent stream from the condenser exit (i.e., product side).
(vii) For a carbon adsorption system such as
			 a fixed-bed carbon adsorber that regenerates the carbon bed directly in the
			 control device, either:
(A) A monitoring
			 device equipped with a continuous recorder to measure the concentration level
			 of the organic compounds in the exhaust vent stream from the carbon bed,
			 or
(B) A monitoring device equipped
			 with a continuous recorder to measure a parameter that indicates the carbon bed
			 is regenerated on a regular, predetermined time cycle.
(3) Inspect the readings from each
			 monitoring device required by paragraphs (f) (1) and (2) of this section at
			 least once each operating day to check control device operation and, if
			 necessary, immediately implement the corrective measures necessary to ensure
			 the control device operates in compliance with the requirements of this
			 section.
(g) An owner or
			 operator using a carbon adsorption system such as a fixed-bed carbon adsorber
			 that regenerates the carbon bed directly onsite in the control device, shall
			 replace the existing carbon in the control device with fresh carbon at a
			 regular, predetermined time interval that is no longer than the carbon service
			 life established as a requirement of § 265.1035(b)(4)(iii)(F).
(h) An owner or operator using a carbon
			 adsorption system such as a carbon canister that does not regenerate the carbon
			 bed directly onsite in the control device shall replace the existing carbon in
			 the control device with fresh carbon on a regular basis by using one of the
			 following procedures:
(1) Monitor the
			 concentration level of the organic compounds in the exhaust vent stream from
			 the carbon adsorption system on a regular schedule and replace the existing
			 carbon with fresh carbon immediately when carbon breakthrough is indicated. The
			 monitoring frequency shall be daily or at an interval no greater than 20
			 percent of the time required to consume the total carbon working capacity
			 established as a requirement of § 265.1035(b)(4)(iii)(G), whichever is
			 longer.
(2) Replace the existing
			 carbon with fresh carbon at a regular, predetermined time interval that is less
			 than the design carbon replacement interval established as a requirement of
			 § 265.1035 (b)(4)(iii)(G).
(i) An owner or operator of an affected
			 facility seeking to comply with the provisions of this Section by using a
			 control device other than a thermal vapor incinerator, catalytic vapor
			 incinerator, flare, boiler, process heater, condenser, or carbon adsorption
			 system is required to develop documentation including sufficient information to
			 describe the control device operation and identify the process parameter or
			 parameters that indicate proper operation and maintenance of the control
			 device.
(j) A closed-vent system
			 shall meet either of the following design requirements:
(1) A closed-vent system shall be designed to
			 operate with no detectable emissions, as indicated by an instrument reading of
			 less than 500 ppmv above background as determined by the procedure in §
			 265.1034(b) of this subsection, and by visual inspections; or
(2) A closed-vent system shall be designed to
			 operate at a pressure below atmospheric pressure. The system shall be equipped
			 with at least one pressure gauge or other pressure measurement device that can
			 be read from a readily accessible location to verify that negative pressure is
			 being maintained in the closed-vent system when the control device is
			 operating.
(k) The owner
			 or operator shall monitor and inspect each closed-vent system required to
			 comply with this section to ensure proper operation and maintenance of the
			 closed-vent system by implementing the following requirements:
(1) Each closed-vent system that is used to
			 comply with paragraph (j)(1) of this section shall be inspected and monitored
			 in accordance with the following requirements:
(i) An initial leak detection monitoring of
			 the closed-vent system shall be conducted by the owner or operator on or before
			 the date that the system becomes subject to this section. The owner or operator
			 shall monitor the closed-vent system components and connections using the
			 procedures specified in § 265.1034(b) of this subsection to demonstrate
			 that the closed-vent system operates with no detectable emissions, as indicated
			 by an instrument reading of less than 500 ppmv above background.
(ii) After initial leak detection monitoring
			 required in paragraph (k)(1)(i) of this section, the owner or operator shall
			 inspect and monitor the closed-vent system as follows:
(A) Closed-vent system joints, seams, or
			 other connections that are permanently or semi-permanently sealed (e.g., a
			 welded joint between two sections of hard piping or a bolted and gasketed
			 ducting flange) shall be visually inspected at least once per year to check for
			 defects that could result in air pollutant emissions. The owner or operator
			 shall monitor a component or connection using the procedures specified in
			 § 265.1034(b) of this subsection to demonstrate that it operates with no
			 detectable emissions following any time the component is repaired or replaced
			 (e.g., a section of damaged hard piping is replaced with new hard piping) or
			 the connection is unsealed (e.g., a flange is unbolted).
(B) Closed-vent system components or
			 connections other than those specified in paragraph (k)(1)(ii)(A) of this
			 section shall be monitored annually and at other times as requested by the
			 Director, except as provided for in paragraph (n) of this section, using the
			 procedures specified in § 265.1034(b) of this subsection to demonstrate
			 that the components or connections operate with no detectable
			 emissions.
(iii) In the
			 event that a defect or leak is detected, the owner or operator shall repair the
			 defect or leak in accordance with the requirements of paragraph (k)(3) of this
			 section.
(iv) The owner or operator
			 shall maintain a record of the inspection and monitoring in accordance with the
			 requirements specified in § 265.1035 of this
			 subsection.
(2) Each
			 closed-vent system that is used to comply with paragraph (j)(2) of this section
			 shall be inspected and monitored in accordance with the following requirements:
(i) The closed-vent system shall be visually
			 inspected by the owner or operator to check for defects that could result in
			 air pollutant emissions. Defects include, but are not limited to, visible
			 cracks, holes, or gaps in ductwork or piping or loose connections.
(ii) The owner or operator shall perform an
			 initial inspection of the closed-vent system on or before the date that the
			 system becomes subject to this section. Thereafter, the owner or operator shall
			 perform the inspections at least once every year.
(iii) In the event that a defect or leak is
			 detected, the owner or operator shall repair the defect in accordance with the
			 requirements of paragraph (k)(3) of this section.
(iv) The owner or operator shall maintain a
			 record of the inspection and monitoring in accordance with the requirements
			 specified in § 265.1035 of this subsection.
(3) The owner or operator shall repair all
			 detected defects as follows:
(i) Detectable
			 emissions, as indicated by visual inspection, or by an instrument reading
			 greater than 500 ppmv above background, shall be controlled as soon as
			 practicable, but not later than 15 calendar days after the emission is
			 detected, except as provided for in paragraph (k)(3)(iii) of this
			 section.
(ii) A first attempt at
			 repair shall be made no later than 5 calendar days after the emission is
			 detected.
(iii) Delay of repair of
			 a closed-vent system for which leaks have been detected is allowed if the
			 repair is technically infeasible without a process unit shutdown, or if the
			 owner or operator determines that emissions resulting from immediate repair
			 would be greater than the fugitive emissions likely to result from delay of
			 repair. Repair of such equipment shall be completed by the end of the next
			 process unit shutdown.
(iv) The
			 owner or operator shall maintain a record of the defect repair in accordance
			 with the requirements specified in § 265.1035 of this subsection. (l)
			 Closed-vent systems and control devices used to comply with provisions of this
			 subsection shall be operated at all times when emissions may be vented to
			 them.
(m) The
			 owner or operator using a carbon adsorption system to control air pollutant
			 emissions shall document that all carbon that is a hazardous waste and that is
			 removed from the control device is managed in one of the following manners,
			 regardless of the average volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal
			 treatment unit that meets one of the following:
(i) The owner or operator of the unit has
			 been issued a final permit under § 270 which implements the requirements
			 of § 264 subsection X; or
(ii)
			 The unit is equipped with and operating air emission controls in accordance
			 with the applicable requirements of subsections AA and CC of either this
			 section or of § 264; or
(iii)
			 The unit is equipped with and operating air emission controls in accordance
			 with a national emission standard for hazardous air pollutants under 40 CFR
			 part 61 or 40 CFR part 63.
(2) Incinerated in a hazardous waste
			 incinerator for which the owner or operator either:
(i) Has been issued a final permit under
			 § 270 which implements the requirements of § 264, subsection O;
			 or
(ii) Has designed and operates
			 the incinerator in accordance with the interim status requirements of
			 subsection O of this section.
(3) Burned in a boiler or industrial furnace
			 for which the owner or operator either:
(i)
			 Has been issued a final permit under § 270 which implements the
			 requirements of § 266, subsection H; or
(ii) Has designed and operates the boiler or
			 industrial furnace in accordance with the interim status requirements of §
			 266, subsection H.
(n) Any components of a closed-vent system
			 that are designated, as described in § 265.1035(c)(9) of this subsection,
			 as unsafe to monitor are exempt from the requirements of paragraph
			 (k)(1)(ii)(B) of this section if:
(1) The
			 owner or operator of the closed-vent system determines that the components of
			 the closed-vent system are unsafe to monitor because monitoring personnel would
			 be exposed to an immediate danger as a consequence of complying with paragraph
			 (k)(1)(ii)(B) of this section; and
(2) The owner or operator of the closed-vent
			 system adheres to a written plan that requires monitoring the closed-vent
			 system components using the procedure specified in paragraph (k)(1)(ii)(B) of
			 this section as frequently as practicable during safe-to-monitor
			 times.
§
			 265.1034
Test methods and procedures.
(a) Each owner or operator subject to the
			 provisions of this Subsection shall comply with the test methods and procedures
			 requirements provided in this section.
(b) When a closed-vent system is tested for
			 compliance with no detectable emissions, as required in § 265.1033(k) of
			 this subsection, the test shall comply with the following requirements:
(1) Monitoring shall comply with Reference
			 Method 21 in 40 CFR part 60.
(2)
			 The detection instrument shall meet the performance criteria of Reference
			 Method 21.
(3) The instrument shall
			 be calibrated before use on each day of its use by the procedures specified in
			 Reference Method 21.
(4)
			 Calibration gases shall be:
(i) Zero air (less
			 than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
			 at a concentration of approximately, but less than, 10,000 ppm methane or
			 n-hexane.
(5) The
			 background level shall be determined as set forth in Reference Method
			 21.
(6) The instrument probe shall
			 be traversed around all potential leak interfaces as close to the interface as
			 possible as described in Reference Method 21.
(7) The arithmetic difference between the
			 maximum concentration indicated by the instrument and the background level is
			 compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance
			 with § 265.1032(a) and with the total organic compound concentration limit
			 of § 265.1033(c) shall comply with the following:
(1) Performance tests to determine total
			 organic compound concentrations and mass flow rates entering and exiting
			 control devices shall be conducted and data reduced in accordance with the
			 following reference methods and calculation procedures:
(i) Method 2 in 40 CFR part 60 for velocity
			 and volumetric flow rate.
(ii)
			 Method 18 or Method 25A in 40 CFR part 60 for organic content. If Method 25A is
			 used, the organic HAP used as the calibration gas must be the single organic
			 HAP representing the largest percent by volume of the emissions. The use of
			 Method 25A is acceptable if the response from the high-level calibration gas is
			 at least 20 times the standard deviation of the response from the zero
			 calibration gas when the instrument is zeroed on the most sensitive
			 scale.
(iii) Each performance test
			 shall consist of three separate runs; each run conducted for at least 1 hour
			 under the conditions that exist when the hazardous waste management unit is
			 operating at the highest load or capacity level reasonably expected to occur.
			 For the purpose of determining total organic compound concentrations and mass
			 flow rates, the average of results of all runs shall apply. The average shall
			 be computed on a time-weighted basis.
(iv) Total organic mass flow rates shall be
			 determined by the following equation:
(A) For
			 sources utilizing Method 18:
Click here to view
				image
where:
Eh=Total organic mass flow rate,
				kg/h;
Q2sd =Volumetric flow rate of gases
				entering or exiting control device, as determined by Method 2, dscm/h;
n=Number of organic compounds in the vent gas;
C i =Organic concentration in ppm, dry
				basis, of compound i in the vent gas, as determined by Method 18;
MW i =Molecular weight of organic
				compound i in the vent gas, kg/kg-mol;
0.0416=Conversion factor for molar volume,
				kg-mol/m3 (@ 293 K and 760 mm Hg);
10-6 =Conversion from
				ppm.
(B) For sources
			 utilizing Method 25A.
Click here to view
				image
Where:
Eh = Total organic mass flow rate,
				kg/h;
Q = Volumetric flow rate of gases entering or exiting control
				device, as determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by
				Method 25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K
				and 760 mm Hg);
10-6 = Conversion from ppm.
(v) The annual total
			 organic emission rate shall be determined by the following equation:
where:
Click here to view
				image
EA = Total organic mass emission rate,
				kg/y;
Eh = Total organic mass flow rate for
				the process vent, kg/h;
H=Total annual hours of operations for the affected unit,
				h.
(vi) Total organic
			 emissions from all affected process vents at the facility shall be determined
			 by summing the hourly total organic mass emission rates (E , as determined h in
			 paragraph (c)(1)(iv) of this section) and by summing the annual total organic
			 mass emission rates (EA, as determined in paragraph
			 (c)(1)(v) of this section) for all affected process vents at the facility.
(2) The owner or
			 operator shall record such process information as may be necessary to determine
			 the conditions of the performance tests. Operations during periods of startup,
			 shutdown, and malfunction shall not constitute representative conditions for
			 the purpose of a performance test.
(3) The owner or operator of an affected
			 facility shall provide, or cause to be provided, performance testing facilities
			 as follows:
(i) Sampling ports adequate for
			 the test methods specified in paragraph (c)(1) of this section.
(ii) Safe sampling platform(s).
(iii) Safe access to sampling
			 platform(s).
(iv) Utilities for
			 sampling and testing equipment.
(4) For the purpose of making compliance
			 determinations, the time-weighted average of the results of the three runs
			 shall apply. In the event that a sample is accidentally lost or conditions
			 occur in which one of the three runs must be discontinued because of forced
			 shutdown, failure of an irreplaceable portion of the sample train, extreme
			 meteorological conditions, or other circumstances beyond the owner or
			 operator's control, compliance may, upon the Director's approval, be determined
			 using the average of the results of the two other runs.
(d) To show that a process vent associated
			 with a hazardous waste distillation, fractionation, thin-film evaporation,
			 solvent extraction, or air or steam stripping operation is not subject to the
			 requirements of this Subsection, the owner or operator must make an initial
			 determination that the time-weighted, annual average total organic
			 concentration of the waste managed by the waste management unit is less than 10
			 ppmw using one of the following two methods:
(1) Direct measurement of the organic
			 concentration of the waste using the following procedures:
(i) The owner or operator must take a minimum
			 of four grab samples of waste for each waste stream managed in the affected
			 unit under process conditions expected to cause the maximum waste organic
			 concentration.
(ii) For waste
			 generated onsite, the grab samples must be collected at a point before the
			 waste is exposed to the atmosphere such as in an enclosed pipe or other closed
			 system that is used to transfer the waste after generation to the first
			 affected distillation fractionation, thin-film evaporation, solvent extraction,
			 or air or steam stripping operation. For waste generated offsite, the grab
			 samples must be collected at the inlet to the first waste management unit that
			 receives the waste provided the waste has been transferred to the facility in a
			 closed system such as a tank truck and the waste is not diluted or mixed with
			 other waste.
(iii) Each sample
			 shall be analyzed and the total organic concentration of the sample shall be
			 computed using Method 9060A (incorporated by reference under § 260.11) of
			 ''Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
			 Publication SW-846; or analyzed for its individual organic
			 constituents.
(iv) The arithmetic
			 mean of the results of the analyses of the four samples shall apply for each
			 waste stream managed in the unit in determining the time-weighted, annual
			 average total organic concentration of the waste. The time-weighted average is
			 to be calculated using the annual quantity of each waste stream processed and
			 the mean organic concentration of each waste stream managed in the
			 unit.
(2) Using
			 knowledge of the waste to determine that its total organic concentration is
			 less than 10 ppmw. Documentation of the waste determination is required.
			 Examples of documentation that shall be used to support a determination under
			 this provision include production process information documenting that no
			 organic compounds are used, information that the waste is generated by a
			 process that is identical to a process at the same or another facility that has
			 previously been demonstrated by direct measurement to generate a waste stream
			 having a total organic content less than 10 ppmw, or prior speciation analysis
			 results on the same waste stream where it can also be documented that no
			 process changes have occurred since that analysis that could affect the waste
			 total organic concentration.
(e) The determination that distillation
			 fractionation, thin-film evaporation, solvent extraction, or air or steam
			 stripping operations manage hazardous wastes with time-weighted annual average
			 total organic concentrations less than 10 ppmw shall be made as follows:
(1) By the effective date that the facility
			 becomes subject to the provisions of this Subsection or by the date when the
			 waste is first managed in a waste management unit, whichever is later;
			 and
(2) For continuously generated
			 waste, annually; or
(3) Whenever
			 there is a change in the waste being managed or a change in the process that
			 generates or treats the waste.
(f) When an owner or operator and the
			 Director do not agree on whether a distillation, fractionation, thin-film
			 evaporation, solvent extraction, or air or steam stripping operation manages a
			 hazardous waste with organic concentrations of at least 10 ppmw based on
			 knowledge of the waste, the dispute may be resolved using direct measurement as
			 specified at paragraph (d)(1) of this subsection.
§ 265.1035
Recordkeeping
			 requirements
(a)
(1) Each owner or operator subject to the
			 provisions of this Subsection shall comply with the recordkeeping requirements
			 of this section.
(2) An owner or
			 operator of more than one hazardous waste management unit subject to the
			 provisions of this Subsection may comply with the recordkeeping requirements
			 for these hazardous waste management units in one recordkeeping system if the
			 system identifies each record by each hazardous waste management unit.
(b) Owners and
			 operators must record the following information in the facility operating
			 record:
(1) For facilities that comply with
			 the provisions of § 265.1033(a)(2), an implementation schedule that
			 includes dates by which the closed-vent system and control device will be
			 installed and in operation. The schedule must also include a rationale of why
			 the installation cannot be completed at an earlier date. The implementation
			 schedule must be in the facility operating record by the effective date that
			 the facility becomes subject to the provisions of this Subsection.
(2) Up-to-date documentation of compliance
			 with the process vent standards in § 265.1032, including:
(i) Information and data identifying all
			 affected process vents, annual throughput and operating hours of each affected
			 unit, estimated emission rates for each affected vent and for the overall
			 facility (i.e., the total emissions for all affected vents at the facility),
			 and the approximate location within the facility of each affected unit (e.g.,
			 identify the hazardous waste management units on a facility plot plan);
			 and
(ii) Information and data
			 supporting determinations of vent emissions and emission reductions achieved by
			 add-on control devices based on engineering calculations or source tests. For
			 the purpose of determining compliance, determinations of vent emissions and
			 emission reductions must be made using operating parameter values (e.g.,
			 temperatures, flow rates or vent stream organic compounds and concentrations)
			 that represent the conditions that result in maximum organic emissions, such as
			 when the waste management unit is operating at the highest load or capacity
			 level reasonably expected to occur. If the owner or operator takes any action
			 (e.g., managing a waste of different composition or increasing operating hours
			 of affected waste management units) that would result in an increase in total
			 organic emissions from affected process vents at the facility, then a new
			 determination is required.
(3) Where an owner or operator chooses to use
			 test data to determine the organic removal efficiency or total organic compound
			 concentration achieved by the control device, a performance test plan. The test
			 plan must include:
(i) A description of how
			 it is determined that the planned test is going to be conducted when the
			 hazardous waste management unit is operating at the highest load or capacity
			 level reasonably expected to occur. This shall include the estimated or design
			 flow rate and organic content of each vent stream and define the acceptable
			 operating ranges of key process and control device parameters during the test
			 program.
(ii) A detailed
			 engineering description of the closed-vent system and control device including:
(A) Manufacturer's name and model number of
			 control device.
(B) Type of control
			 device.
(C) Dimensions of the
			 control device.
(D)
			 Capacity.
(E) Construction
			 materials.
(iii) A
			 detailed description of sampling and monitoring procedures, including sampling
			 and monitoring locations in the system, the equipment to be used, sampling and
			 monitoring frequency, and planned analytical procedures for sample analysis.
(4) Documentation of
			 compliance with § 265.1033 shall include the following information:
(i) A list of all information references and
			 sources used in preparing the documentation.
(ii) Records, including the dates, of each
			 compliance test required by § 265.1033(j).
(iii) If engineering calculations are used, a
			 design analysis, specifications, drawings, schematics, and piping and
			 instrumentation diagrams based on the appropriate sections of "APTI Course 415:
			 Control of Gaseous Emissions" (incorporated by reference as specified in §
			 260.11) or other engineering texts acceptable to the Director that present
			 basic control device design information. Documentation provided by the control
			 device manufacturer or vendor that describes the control device design in
			 accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this
			 section may be used to comply with this requirement. The design analysis shall
			 address the vent stream characteristics and control device operation parameters
			 as specified below.
(A) For a thermal vapor
			 incinerator, the design analysis shall consider the vent stream composition,
			 constituent concentrations, and flow rate. The design analysis shall also
			 establish the design minimum and average temperature in the combustion zone and
			 the combustion zone residence time.
(B) For a catalytic vapor incinerator, the
			 design analysis shall consider the vent stream composition, constituent
			 concentrations, and flow rate. The design analysis shall also establish the
			 design minimum and average temperatures across the catalyst bed inlet and
			 outlet.
(C) For a boiler or process
			 heater, the design analysis shall consider the vent stream composition,
			 constituent concentrations, and flow rate. The design analysis shall also
			 establish the design minimum and average flame zone temperatures, combustion
			 zone residence time, and description of method and location where the vent
			 stream is introduced into the combustion zone.
(D) For a flare, the design analysis shall
			 consider the vent stream composition, constituent concentrations, and flow
			 rate. The design analysis shall also consider the requirements specified in
			 § 265.1033(d).
(E) For a
			 condenser, the design analysis shall consider the vent stream composition,
			 constituent concentrations, flow rate, relative humidity, and temperature. The
			 design analysis shall also establish the design outlet organic compound
			 concentration level, design average temperature of the condenser exhaust vent
			 stream, and design average temperatures of the coolant fluid at the condenser
			 inlet and outlet.
(F) For a carbon
			 adsorption system such as a fixed-bed adsorber that regenerates the carbon bed
			 directly onsite in the control device, the design analysis shall consider the
			 vent stream composition, constituent concentrations, flow rate, relative
			 humidity, and temperature. The design analysis shall also establish the design
			 exhaust vent stream organic compound concentration level, number and capacity
			 of carbon beds, type and working capacity of activated carbon used for carbon
			 beds, design total steam flow over the period of each complete carbon bed
			 regeneration cycle, duration of the carbon bed steaming and cooling/drying
			 cycles, design carbon bed temperature after regeneration, design carbon bed
			 regeneration time, and design service life of carbon.
(G) For a carbon adsorption system such as a
			 carbon canister that does not regenerate the carbon bed directly onsite in the
			 control device, the design analysis shall consider the vent stream composition,
			 constituent concentrations, flow rate, relative humidity, and temperature. The
			 design analysis shall also establish the design outlet organic concentration
			 level, capacity of carbon bed, type and working capacity of activated carbon
			 used for carbon bed, and design carbon replacement interval based on the total
			 carbon working capacity of the control device and source operating schedule.
(iv) A statement signed
			 and dated by the owner or operator certifying that the operating parameters
			 used in the design analysis reasonably represent the conditions that exist when
			 the hazardous waste management unit is or would be operating at the highest
			 load or capacity level reasonably expected to occur.
(v) A statement signed and dated by the owner
			 or operator certifying that the control device is designed to operate at an
			 efficiency of 95 percent or greater unless the total organic concentration
			 limit of § 265.1032(a) is achieved at an efficiency less than 95 weight
			 percent or the total organic emission limits of § 265.1032(a) for affected
			 process vents at the facility can be attained by a control device involving
			 vapor recovery at an efficiency less than 95 weight percent. A statement
			 provided by the control device manufacturer or vendor certifying that the
			 control equipment meets the design specifications may be used to comply with
			 this requirement.
(vi) If
			 performance tests are used to demonstrate compliance, all test results.
(c)  Design
			 documentation and monitoring, operating, and inspection information for each
			 closed-vent system and control device required to comply with the provisions of
			 this Section shall be recorded and kept up-to-date in the facility operating
			 record. The information shall include:
(1)
			 Description and date of each modification that is made to the closed-vent
			 system or control device design.
(2) Identification of operating parameter,
			 description of monitoring device, and diagram of monitoring sensor location or
			 locations used to comply with § 265.1033(f)(1) and (f)(2).
(3) Monitoring, operating and inspection
			 information required by paragraphs (f) through (k) of § 265.1033 of this
			 subsection.
(4) Date, time, and
			 duration of each period that occurs while the control device is operating when
			 any monitored parameter exceeds the value established in the control device
			 design analysis as specified below:
(i) For a
			 thermal vapor incinerator designed to operate with a minimum residence time of
			 0.50 seconds at a minimum temperature of 760°C, period when the combustion
			 temperature is below 760°C.
(ii) For a thermal vapor incinerator designed
			 to operate with an organic emission reduction efficiency of 95 percent or
			 greater, period when the combustion zone temperature is more than 28°C
			 below the design average combustion zone temperature established as a
			 requirement of paragraph (b)(4)(iii)(A) of this section.
(iii) For a catalytic vapor incinerator,
			 period when:
(A) Temperature of the vent
			 stream at the catalyst bed inlet is more than 28°C below the average
			 temperature of the inlet vent stream established as a requirement of paragraph
			 (b)(4)(iii)(B) of this section; or
(B) Temperature difference across the
			 catalyst bed is less than 80 percent of the design average temperature
			 difference established as a requirement of paragraph (b)(4)(iii)(B) of this
			 section.
(iv) For a
			 boiler or process heater, period when:
(A)
			 Flame zone temperature is more than 28°C below the design average flame
			 zone temperature established as a requirement of paragraph (b)(4)(iii)(C) of
			 this section; or
(B) Position
			 changes where the vent stream is introduced to the combustion zone from the
			 location established as a requirement of paragraph (b)(4)(iii)(C) of this
			 section.
(v) For a
			 flare, period when the pilot flame is not ignited.
(vi) For a condenser that complies with
			 § 265.1033(f)(2)(vi)(A), period when the organic compound concentration
			 level or readings of organic compounds in the exhaust vent stream from the
			 condenser are more than 20 percent greater than the design outlet organic
			 compound concentration level established as a requirement of paragraph
			 (b)(4)(iii)(E) of this section.
(vii) For a condenser that complies with
			 § 265.1033(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream
			 from the condenser is more than 6 °C above the design average exhaust vent
			 stream temperature established as a requirement of paragraph (b)(4)(iii)(E) of
			 this section; or
(B) Temperature of
			 the coolant fluid exiting the condenser is more than 6 °C above the design
			 average coolant fluid temperature at the condenser outlet established as a
			 requirement of paragraph (b)(4)(iii)(E) of this section.
(viii) For a carbon adsorption system such as
			 a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in
			 the control device and complies with § 265.1033(f)(2) (vii)(A), period
			 when the organic compound concentration level or readings of organic compounds
			 in the exhaust vent stream from the carbon bed are more than 20 percent greater
			 than the design exhaust vent stream organic compound concentration level
			 established as a requirement of paragraph (b)(4)(iii)(F) of this
			 section.
(ix) For a carbon
			 adsorption system such as a fixed-bed carbon adsorber that regenerates the
			 carbon bed directly onsite in the control device and complies with §
			 265.1033 (f)(2)(vii)(B), period when the vent stream continues to flow through
			 the control device beyond the predetermined carbon bed regeneration time
			 established as a requirement of paragraph (b)(4)(iii)(F) of this
			 section.
(5) Explanation
			 for each period recorded under paragraph (c)(4) of this section of the cause
			 for control device operating parameter exceeding the design value and the
			 measures implemented to correct the control device operation.
(6) For carbon adsorption systems operated
			 subject to requirements specified in § 265.1033(g) or §
			 265.1033(h)(2), date when existing carbon in the control device is replaced
			 with fresh carbon.
(7) For carbon
			 adsorption systems operated subject to requirements specified in §
			 265.1033(h)(1), a log that records:
(i) Date
			 and time when control device is monitored for carbon breakthrough and the
			 monitoring device reading.
(ii)
			 Date when existing carbon in the control device is replaced with fresh
			 carbon.
(8) Date of each
			 control device startup and shutdown.
(9) An owner or operator designating any
			 components of a closed-vent system as unsafe to monitor pursuant to §
			 265.1033(n) of this subsection shall record in a log that is kept in the
			 facility operating record the identification of closed-vent system components
			 that are designated as unsafe to monitor in accordance with the requirements of
			 § 265.1033(n) of this subsection, an explanation for each closed-vent
			 system component stating why the closed-vent system component is unsafe to
			 monitor, and the plan for monitoring each closed-vent system
			 component.
(10) When each leak is
			 detected as specified in § 265.1033(k) of this subsection, the following
			 information shall be recorded:
(i) The
			 instrument identification number, the closed-vent system component
			 identification number, and the operator name, initials, or identification
			 number.
(ii) The date the leak was
			 detected and the date of first attempt to repair the leak.
(iii) The date of successful repair of the
			 leak.
(iv) Maximum instrument
			 reading measured by Method 21 of 40 CFR part 60, appendix A after it is
			 successfully repaired or determined to be nonrepairable.
(v) "Repair delayed" and the reason for the
			 delay if a leak is not repaired within 15 calendar days after discovery of the
			 leak.
(A) The owner or operator may develop a
			 written procedure that identifies the conditions that justify a delay of
			 repair. In such cases, reasons for delay of repair may be documented by citing
			 the relevant sections of the written procedure.
(B) If delay of repair was caused by
			 depletion of stocked parts, there must be documentation that the spare parts
			 were sufficiently stocked on-site before depletion and the reason for
			 depletion.
(d) Records of the monitoring, operating, and
			 inspection information required by paragraphs (c)(3) through (c)(10) of this
			 section shall be maintained by the owner or operator for at least 3 years
			 following the date of each occurrence, measurement, maintenance, corrective
			 action, or record.
(e) For a
			 control device other than a thermal vapor incinerator, catalytic vapor
			 incinerator, flare, boiler, process heater, condenser, or carbon adsorption
			 system, monitoring and inspection information indicating proper operation and
			 maintenance of the control device must be recorded in the facility operating
			 record.
(f) Up-to-date information
			 and data used to determine whether or not a process vent is subject to the
			 requirements in § 265.1032 including supporting documentation as required
			 by § 265.1034(d)(2) when application of the knowledge of the nature of the
			 hazardous waste stream or the process by which it was produced is used, shall
			 be recorded in a log that is kept in the facility operating record.
§§ 265.1036
-
			 265.1049 [Reserved]
Subsection
			 BB
-- Air Emission Standards for Equipment Leaks
§ 265.1050
Applicability
(a) The rules in this Subsection apply to
			 owners and operators of facilities that treat, store, or dispose of hazardous
			 wastes (except as provided in § 265.1 of this subsection).
(b) Except as provided in § 265.1064(j),
			 this Subsection applies to equipment that contains or contacts hazardous wastes
			 with organic concentrations of at least 10 percent by weight that are managed
			 in one of the following:
(1) A unit that is
			 subject to the permitting requirements of § 270 of this rule, or
(2) A unit (including a hazardous waste
			 recycling unit) that is not exempt from permitting under the provisions of
			 § 262.17 of this rule (i.e., a hazardous waste recycling unit that is not
			 a 90-day tank or container) and that is located at a hazardous waste management
			 facility otherwise subject to the permitting requirements of § 270,
			 or
(3) A unit that is exempt from
			 permitting under the provisions of § 262.17 (i.e., a 90-day tank or
			 container) and is not a recycling unit under the provisions of §
			 261.6.
(c) Each piece of
			 equipment to which this Subsection applies shall be marked in such a manner
			 that it can be distinguished readily from other pieces of equipment.
(d) Equipment that is in vacuum service is
			 excluded from the requirements of § 265.1052 to § 265.1060 if it is
			 identified as required in § 265.1064(g)(5).
(e) Equipment that contains or contacts
			 hazardous waste with an organic concentration of at least 10 percent by weight
			 for less than 300 hours per calendar year is excluded from the requirements of
			 § 265.1052 through § 265.1060 of this subsection if it is identified
			 as required in § 265.1064(g)(6) of this subsection.
[Note: The requirements of §§ 265.1052 through
				265.1064 apply to equipment associated with hazardous waste recycling units
				previously exempt under paragraph 261.6(c)(1). Other exemptions under
				§§ 261.4 and 265.1(c) are not affected by these requirements.]
(f) Reserved.
(g) Purged coatings and solvents from surface
			 coating operations subject to the national emission standards for hazardous air
			 pollutants (NESHAP) for the surface coating of automobiles and light-duty
			 trucks at 40 CFR Part 63, subpart IIII, are not subject to the requirements of
			 this subsection.
§
			 265.1051
Definitions
As used in this Subsection, all terms shall have the meaning
				given them in § 264.1031, the Act, and Sections 260-266.
§ 265.1052
Standards: Pumps in
			 light liquid service
(a)
(1) Each pump in light liquid service shall
			 be monitored monthly to detect leaks by the methods specified in §
			 265.1063(b), except as provided in paragraphs (d), (e), and (f) of this
			 section.
(2) Each pump in light
			 liquid service shall be checked by visual inspection each calendar week for
			 indications of liquids dripping from the pump seal. (b)(1) If an instrument
			 reading of 10,000 ppm or greater is measured, a leak is detected.
(2) If there are indications of liquids
			 dripping from the pump seal, a leak is detected. (c)(1) When a leak is
			 detected, it shall be repaired as soon as practicable, but not later than 15
			 calendar days after it is detected, except as provided in §
			 265.1059.
(2) A first attempt at
			 repair (e.g., tightening the packing gland) shall be made no later than 5
			 calendar days after each leak is detected.
(d) Each pump equipped with a dual mechanical
			 seal system that includes a barrier fluid system is exempt from the
			 requirements of paragraph (a), provided the following requirements are met:
(1) Each dual mechanical seal system must be:
(i) Operated with the barrier fluid at a
			 pressure that is at all times greater than the pump stuffing box pressure,
			 or
(ii) Equipped with a barrier
			 fluid degassing reservoir that is connected by a closed-vent system to a
			 control device that complies with the requirements of § 265.1060,
			 or
(iii) Equipped with a system
			 that purges the barrier fluid into a hazardous waste stream with no detectable
			 emissions to the atmosphere.
(2) The barrier fluid system must not be a
			 hazardous waste with organic concentrations 10 percent or greater by
			 weight.
(3) Each barrier fluid
			 system must be equipped with a sensor that will detect failure of the seal
			 system, the barrier fluid system or both.
(4) Each pump must be checked by visual
			 inspection, each calendar week, for indications of liquids dripping from the
			 pump seals.
(5)
(i) Each sensor as described in paragraph
			 (d)(3) of this section must be checked daily or be equipped with an audible
			 alarm that must be checked monthly to ensure that it is functioning
			 properly.
(ii) The owner or
			 operator must determine, based on design considerations and operating
			 experience, a criterion that indicates failure of the seal system, the barrier
			 fluid system, or both. (6)(i) If there are indications of liquids dripping from
			 the pump seal or the sensor indicates failure of the seal system, the barrier
			 fluid system, or both based on the criterion determined in paragraph (d)(5)(ii)
			 of this section, a leak is detected.
(ii) When a leak is detected, it shall be
			 repaired as soon as practicable, but not later than 15 calendar days after it
			 is detected, except as provided in § 265.1059.
(iii) A first attempt at repair (e.g.,
			 relapping the seal) shall be made no later than 5 calendar days after each leak
			 is detected.
(e) Any pump that is designated, as described
			 in § 265.1064(g)(2), for no detectable emissions, as indicated by an
			 instrument reading of less than 500 ppm above background, is exempt from the
			 requirements of paragraphs (a), (c), and (d) of this section if the pump meets
			 the following requirements:
(1) Must have no
			 externally actuated shaft penetrating the pump housing.
(2) Must operate with no detectable emissions
			 as indicated by an instrument reading of less than 500 ppm above background as
			 measured by the methods specified in § 265.1063(c).
(3) Must be tested for compliance with
			 paragraph (e)(2) of this section initially upon designation, annually, and at
			 other times as requested by the Director.
(f) If any pump is equipped with a
			 closed-vent system capable of capturing and transporting any leakage from the
			 seal or seals to a control device that complies with the requirements of §
			 265.1060, it is exempt from the requirements of paragraphs (a) through (e) of
			 this section.
§
			 265.1053
Standards: Compressors
(a) Each compressor shall be equipped with a
			 seal system that includes a barrier fluid system and that prevents leakage of
			 total organic emissions to the atmosphere, except as provided in paragraphs (h)
			 and (i) of this section.
(b) Each
			 compressor seal system as required in paragraph (a) of this section shall be:
(1) Operated with the barrier fluid at a
			 pressure that is at all times greater than the compressor stuffing box
			 pressure, or
(2) Equipped with a
			 barrier fluid system that is connected by a closed-vent system to a control
			 device that complies with the requirements of § 265.1060, or
(3) Equipped with a system that purges the
			 barrier fluid into a hazardous waste stream with no detectable emissions to
			 atmosphere.
(c) The
			 barrier fluid must not be a hazardous waste with organic concentrations 10
			 percent or greater by weight.
(d)
			 Each barrier fluid system as described in paragraphs (a) through (c) of this
			 section shall be equipped with a sensor that will detect failure of the seal
			 system, barrier fluid system, or both.
(e)
(1)
			 Each sensor as required in paragraph (d) of this section shall be checked daily
			 or shall be equipped with an audible alarm that must be checked monthly to
			 ensure that it is functioning properly unless the compressor is located within
			 the boundary of an unmanned plant site, in which case the sensor must be
			 checked daily.
(2) The owner or
			 operator shall determine, based on design considerations and operating
			 experience, a criterion that indicates failure of the seal system, the barrier
			 fluid system or both.
(f) If the sensor indicates failure of the
			 seal system, the barrier fluid system, or both based on the criterion
			 determined under paragraph (e)(2) of this section, a leak is
			 detected.
(g)
(1) When a leak is detected, it shall be
			 repaired as soon as practicable, but not later than 15 calendar days after it
			 is detected, except as provided in § 265.1059.
(2) A first attempt at repair (e.g.,
			 tightening the packing gland) shall be made no later than 5 calendar days after
			 each leak is detected.
(h) A compressor is exempt from the
			 requirements of paragraphs (a) and (b) of this section if it is equipped with a
			 closed-vent system capable of capturing and transporting any leakage from the
			 seal to a control device that complies with the requirements of §
			 265.1060, except as provided in paragraph (i) of fhis section.
(i) Any compressor that is designated, as
			 described in § 265.1064(g)(2), for no detectable emission as indicated by
			 an instrument reading of less than 500 ppm above background is exempt from the
			 requirements of paragraphs (a) through (h) of this section if the compressor:
(1) Is determined to be operating with no
			 detectable emissions, as indicated by an instrument reading of less than 500
			 ppm above background, as measured by the method specified in §
			 265.1063(c).
(2) Is tested for
			 compliance with paragraph (i)(1) of this section initially upon designation,
			 annually, and at other times as requested by the Director.
§ 265.1054
Standards:
			 Pressure relief devices in gas/vapor service
(a) Except during pressure releases, each
			 pressure relief device in gas/vapor service shall be operated with no
			 detectable emissions, as indicated by an instrument reading of less than 500
			 ppm above background, as measured by the method specified in §
			 265.1063(c).
(b)
(1) After each pressure release, the pressure
			 relief device shall be returned to a condition of no detectable emissions, as
			 indicated by an instrument reading of less than 500 ppm above background, as
			 soon as practicable, but no later than 5 calendar days after each pressure
			 release, except as provided in § 265.1059.
(2) No later than 5 calendar days after the
			 pressure release, the pressure relief device shall be monitored to confirm the
			 condition of no detectable emissions, as indicated by an instrument reading of
			 less than 500 ppm above background, as measured by the method specified in
			 § 265.1063(c). (c) Any pressure relief device that is equipped with a
			 closed-vent system capable of capturing and transporting leakage from the
			 pressure relief device to a control device as described in § 265.1060 is
			 exempt from the requirements of paragraphs (a) and (b) of this
			 section.
§
			 265.1055
Standards: Sampling connecting systems
(a) Each sampling connection system shall be
			 equipped with a closed-purge, closed-loop, or closed-vent system. This system
			 shall collect the sample purge for return to the process or for routing to the
			 appropriate treatment system. Gases displaced during filling of the sample
			 container are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or
			 closed-vent system as required in paragraph (a) of this section shall:
(1) Return the purged process fluid directly
			 to the process line; or
(2) Collect
			 and recycle the purged process fluid; or
(3) Be designed and operated to capture and
			 transport all the purged process fluid to a waste management unit that complies
			 with the applicable requirements of § 265.1085 through § 265.1087 of
			 this subsection or a control device that complies with the requirements of
			 § 265.1060 of this subsection.
(c) In-situ sampling systems and sampling
			 systems without purges are exempt from the requirements of paragraphs (a) and
			 (b) of this section.
§
			 265.1056
Standards: Open-ended valves or lines
(a)
(1)
			 Each open-ended valve or line shall be equipped with a cap, blind flange, plug,
			 or a second valve.
(2) The cap,
			 blind flange, plug, or second valve shall seal the open end at all times except
			 during operations requiring hazardous waste stream flow through the open-ended
			 valve or line.
(b) Each
			 open-ended valve or line equipped with a second valve shall be operated in a
			 manner such that the valve on the hazardous waste stream end is closed before
			 the second valve is closed.
(c)
			 When a double block and bleed system is being used, the bleed valve or line may
			 remain open during operations that require venting the line between the block
			 valves but shall comply with paragraph (a) of this section at all other
			 times.
§ 265.1057
Standards: Valves in gas/vapor service or in light liquid service
(a) Each valve in gas/vapor or light liquid
			 service shall be monitored monthly to detect leaks by the methods specified in
			 § 265.1063(b) and shall comply with paragraphs (b) through (e) of this
			 section, except as provided in paragraphs (f), (g), and (h) of this section'
			 and §§ 265.1061 and 265.1062.
(b) If an instrument reading of 10,000 ppm or
			 greater is measured, a leak is detected.
(c)
(1) Any
			 valve for which a leak is not detected for two successive months may be
			 monitored the first month of every succeeding quarter, beginning with the next
			 quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be
			 monitored monthly until a leak is not detected for 2 successive months. (d)(1)
			 When a leak is detected, it shall be repaired as soon as practicable, but no
			 later than 15 calendar days after the leak is detected, except as provided in
			 § 265.1059.
(2) A first
			 attempt at repair shall be made no later than 5 calendar days after each leak
			 is detected.
(e) First
			 attempts at repair include, but are not limited to, the following best
			 practices where practicable:
(1) Tightening
			 of bonnet bolts.
(2) Replacement of
			 bonnet bolts.
(3) Tightening of
			 packing gland nuts.
(4) Injection
			 of lubricant into lubricated packing.
(f) Any valve that is designated, as
			 described in § 265.1064(g)(2), for no detectable emissions, as indicated
			 by an instrument reading of less than 500 ppm above background, is exempt from
			 the requirements of paragraph (a) of this section if the valve:
(1) Has no external actuating mechanism in
			 contact with the hazardous waste stream.
(2) Is operated with emissions less than 500
			 ppm above background as determined by the method specified in §
			 265.1063(c).
(3) Is tested for
			 compliance with paragraph (f)(2) of this section initially upon designation,
			 annually, and at other times as requested by the Director.
(g) Any valve that is designated, as
			 described in § 265.1064(h)(1), as an unsafe-to-monitor valve is exempt
			 from the requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve
			 determines that the valve is unsafe to monitor because monitoring personnel
			 would be exposed to an immediate danger as a consequence of complying with
			 paragraph (a) of this section.
(2)
			 The owner or operator of the valve adheres to a written plan that requires
			 monitoring of the valve as frequently as practicable during safe-to-monitor
			 times.
(h) Any valve
			 that is designated, as described in § 265.1064(h)(2), as a
			 difficult-to-monitor valve is exempt from the requirements of paragraph (a) of
			 this section if:
(1) The owner or operator of
			 the valve determines that the valve cannot be monitored without elevating the
			 monitoring personnel more than 2 meters above a support surface.
(2) The hazardous waste management unit
			 within which the valve is located was in operation before June 21,
			 1990.
(3) The owner or operator of
			 the valve follows a written plan that requires monitoring of the valve at least
			 once per calendar year.
§ 265.1058
Standards: Pumps and
			 valves in heavy liquid service, pressure relief devices in light liquid
			 service, and flanges and other connectors
(a) Pumps and valves in heavy liquid service,
			 pressure relief devices in light liquid or heavy liquid service, and flanges
			 and other connectors shall be monitored within 5 days by the method specified
			 in § 265.1063(b) if evidence of a potential leak is found by visual,
			 audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or
			 greater is measured, a leak is detected.
(c)
(1)
			 When a leak is detected, it shall be repaired as soon as practicable, but not
			 later than 15 calendar days after it is detected, except as provided in §
			 265.1059.
(2) The first attempt at
			 repair shall be made no later than 5 calendar days after each leak is
			 detected.
(d) First
			 attempts at repair include, but are not limited to, the best practices
			 described under § 265.1057(e).
(e) Any connector that is inaccessible or is
			 ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt
			 from the monitoring requirements of paragraph (a) of this section and from the
			 recordkeeping requirements of § 265.1064 of this subsection.
§ 265.1059
Standards:
			 Delay of repair
(a) Delay of repair of
			 equipment for which leaks have been detected will be allowed if the repair is
			 technically infeasible without a hazardous waste management unit shutdown. In
			 such a case, repair of this equipment shall occur before the end of the next
			 hazardous waste management unit shutdown.
(b) Delay of repair of equipment for which
			 leaks have been detected will be allowed for equipment that is isolated from
			 the hazardous waste management unit and that does not continue to contain or
			 contact hazardous waste with organic concentrations at least 10 percent by
			 weight.
(c) Delay of repair for
			 valves will be allowed if:
(1) The owner or
			 operator determines that emissions of purged material resulting from immediate
			 repair are greater than the emissions likely to result from delay of
			 repair.
(2) When repair procedures
			 are effected, the purged material is collected and destroyed or recovered in a
			 control device complying with § 265.1060.
(d) Delay of repair for pumps will be allowed
			 if:
(1) Repair requires the use of a dual
			 mechanical seal system that includes a barrier fluid system.
(2) Repair is completed as soon as
			 practicable, but not later than 6 months after the leak was detected. (e) Delay
			 of repair beyond a hazardous waste management unit shutdown will be allowed for
			 a valve if valve assembly replacement is necessary during the hazardous waste
			 management unit shutdown, valve assembly supplies have been depleted, and valve
			 assembly supplies had been sufficiently stocked before the supplies were
			 depleted. Delay of repair beyond the next hazardous waste management unit
			 shutdown will not be allowed unless the next hazardous waste management unit
			 shutdown occurs sooner than 6 months after the first hazardous waste management
			 unit shutdown.
§
			 265.1060
Standards: Closed-vent systems and control
			 devices
(a) Owners and operators of
			 closed-vent systems and control devices subject to this subsection shall comply
			 with the provisions of § 265.1033 of this section.
(b)
(1) The
			 owner or operator of an existing facility who can not install a closed-vent
			 system and control device to comply with the provisions of this subsection on
			 the effective date that the facility becomes subject to the provisions of this
			 subsection must prepare an implementation schedule that includes dates by which
			 the closed-vent system and control device will be installed and in operation.
			 The controls must be installed as soon as possible, but the implementation
			 schedule may allow up to 30 months after the effective date that the facility
			 becomes subject to this subsection for installation and startup.
(2) Any units that begin operation after
			 December 21, 1990, and are subject to the provisions of this subsection when
			 operation begins, must comply with the rules immediately (i.e., must have
			 control devices installed and operating on startup of the affected unit); the
			 30-month implementation schedule does not apply.
(3) The owner or operator of any facility in
			 existence on the effective date of a statutory or EPA regulatory amendment that
			 renders the facility subject to this subsection shall comply with all
			 requirements of this subsection as soon as practicable but no later than 30
			 months after the amendment's effective date. When control equipment required by
			 this subsection can not be installed and begin operation by the effective date
			 of the amendment, the facility owner or operator shall prepare an
			 implementation schedule that includes the following information: Specific
			 calendar dates for award of contracts or issuance of purchase orders for the
			 control equipment, initiation of on-site installation of the control equipment,
			 completion of the control equipment installation, and performance of any
			 testing to demonstrate that the installed equipment meets the applicable
			 standards of this subsection. The owner or operator shall enter the
			 implementation schedule in the operating record or in a permanent, readily
			 available file located at the facility.
(4) Owners and operators of facilities and
			 units that become newly subject to the requirements of this subsection after
			 December 8, 1997 due to an action other than those described in paragraph
			 (b)(3) of this section must comply with all applicable requirements immediately
			 (i.e., must have control devices installed and operating on the date the
			 facility or unit becomes subject to this subsection; the 30-month
			 implementation schedule does not apply).
§ 265.1061
Alternative standards
			 for valves in gas/vapor service or in light liquid service; percentage of
			 valves allowed to leak
(a) An owner or
			 operator subject to the requirements of § 265.1057 of this rule may elect
			 to have all valves within a hazardous waste management unit comply with an
			 alternative standard which allows no greater than 2 percent of the valves to
			 leak.
(b) The following
			 requirements shall be met if an owner or operator decides to comply with the
			 alternative standard of allowing 2 percent of valves to leak:
(1) A performance test as specified in
			 paragraph (c) of this section shall be conducted initially upon designation,
			 annually, and at other times requested by the Director.
(2) If a valve leak is detected, it shall be
			 repaired in accordance with § 265.1057(d) and (e).
(c) Performance tests shall be conducted in
			 the following manner:
(1) All valves subject
			 to the requirements in § 265.1057 within the hazardous waste management
			 unit shall be monitored within 1 week by the methods specified in §
			 265.1063(b).
(2) If an instrument
			 reading of 10,000 ppm or greater is measured, a leak is detected.
(3) The leak percentage shall be determined
			 by dividing the number of valves subject to the requirements in § 265.1057
			 for which leaks are detected by the total number of valves subject to the
			 requirements in § 265.1057 within the hazardous waste management
			 unit.
§
			 265.1062
Alternative standards for valves in gas/vapor or in
			 light liquid service; skip period leak detection and repair
(a) An owner or operator subject to the
			 requirements of § 265.1057 may elect for all valves within a hazardous
			 waste management unit to comply with one of the alternative work practices
			 specified in paragraphs (b) (2) and (3) of this section.
(b)
(1) An
			 owner or operator shall comply with the requirements for valves, as described
			 in § 265.1057, except as described in paragraphs (b)(2) and (b)(3) of this
			 section.
(2) After two consecutive
			 quarterly leak detection periods with the percentage of valves leaking equal to
			 or less than 2 percent, an owner or operator may begin to skip one of the
			 quarterly leak detection periods (i.e., monitor for leaks once every six
			 months) for the valves subject to the requirements in § 265.1057 of this
			 subsection.
(3) After five
			 consecutive quarterly leak detection periods with the percentage of valves
			 leaking equal to or less than 2 percent, an owner or operator may begin to skip
			 three of the quarterly leak detection periods (i.e., monitor for leaks once
			 every year) for the valves subject to the requirements in § 265.1057 of
			 this subsection.
(4) If the
			 percentage of valves leaking is greater than 2 percent, the owner or operators
			 hall monitor monthly in compliance with the requirements in § 265.1057,
			 but may again elect to use this section after meeting the requirements of
			 § 265.1057(c)(1).
§ 265.1063
Test methods and
			 procedures
(a) Each owner or operator
			 subject to the provisions of this Subsection shall comply with the test methods
			 and procedures requirements provided in this section.
(b) Leak detection monitoring, as required in
			 §§ 265.1052-265.1062, shall comply with the following requirements:
(1) Monitoring shall comply with Reference
			 Method 21 in 40 CFR part 60.
(2)
			 The detection instrument shall meet the performance criteria of Reference
			 Method 21.
(3) The instrument shall
			 be calibrated before use on each day of its use by the procedures specified in
			 Reference Method 21.
(4)
			 Calibration gases shall be:
(i) Zero air (less
			 than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air
			 at a concentration of approximately, but less than, 10,000 ppm methane or
			 n-hexane.
(5) The
			 instrument probe shall be traversed around all potential leak interfaces as
			 close to the interface as possible as described in Reference Method
			 21.
(c) When equipment
			 is tested for compliance with no detectable emissions, as required in
			 §§ 265.1052(e), 265.1053(i), 265.1054, and 265.1057(f), the test
			 shall comply with the following requirements:
(1) The requirements of paragraphs (b) (1)
			 through (4) of this section shall apply.
(2) The background level shall be determined,
			 as set forth in Reference Method 21.
(3) The instrument probe shall be traversed
			 around all potential leak interfaces as close to the interface as possible as
			 described in Reference Method 21.
(4) The arithmetic difference between the
			 maximum concentration indicated by the instrument and the background level is
			 compared with 500 ppm for determining compliance.
(d) In accordance with the waste analysis
			 plan required by § 265.13(b), an owner or operator of a facility must
			 determine, for each piece of equipment, whether the equipment contains or
			 contacts a hazardous waste with organic concentration that equals or exceeds 10
			 percent by weight using the following:
(1)
			 Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85
			 (incorpor-ated by reference under § 260.11 of this rule);
(2) Method 9060A (incorporated by reference
			 under § 260.11 of this Rule) of ''Test Methods for Evaluating Solid
			 Waste,'' EPA Publication SW-846 or analyzed for its individual organic
			 constituents; or
(3) Application of
			 the knowledge of the nature of the hazardous waste stream or the process by
			 which it was produced. Documentation of a waste determination by knowledge is
			 required. Examples of documentation that shall be used to support a
			 determination under this provision include production process information
			 documenting that no organic compounds are used, information that the waste is
			 generated by a process that is identical to a process at the same or another
			 facility that has previously been demonstrated by direct measurement to have a
			 total organic content less than 10 percent, or prior speciation analysis
			 results on the same waste stream where it can also be documented that no
			 process changes have occurred since that analysis that could affect the waste
			 total organic concentration.
(e) If an owner or operator determines that a
			 piece of equipment contains or contacts a hazardous waste with organic
			 concentrations at least 10 percent by weight, the determination can be revised
			 only after following the procedures in paragraph (d)(1) or (d)(2) of this
			 section.
(f) When an owner or
			 operator and the Director do not agree on whether a piece of equipment contains
			 or contacts a hazardous waste with organic concentrations at least 10 percent
			 by weight, the procedures in paragraph (d)(1) or (d)(2) of this section can be
			 used to resolve the dispute.
(g)
			 Samples used in determining the percent organic content shall be representative
			 of the highest total organic content hazardous waste that is expected to be
			 contained in or contact the equipment.
(h) To determine if pumps or valves are in
			 light liquid service, the vapor pressures of constituents may be obtained from
			 standard reference texts or may be determined by ASTM D-2879-86 (incorporated
			 by reference under § 260.11).
(i) Performance tests to determine if a
			 control device achieves 95 weight percent organic emission reduction shall
			 comply with the procedures of § 265.1034 (c)(1) through (c)(4).
§ 265.1064
Recordkeeping requirements
(a)
(1) Each owner or operator subject to the
			 provisions of this Subsection shall comply with the recordkeeping requirements
			 of this section.
(2) An owner or
			 operator of more than one hazardous waste management unit subject to the
			 provisions of this Subsection may comply with the recordkeeping requirements
			 for these hazardous waste management units in one recordkeeping system if the
			 system identifies each record by each hazardous waste management
			 unit.
(b) Owners and
			 operators must record the following information in the facility operating
			 record:
(1) For each piece of equipment to
			 which Subsection BB of Section 265 applies:
(i) Equipment identification number and
			 hazardous waste management unit identification.
(ii) Approximate locations within the
			 facility (e.g., identify the hazardous waste management unit on a facility plot
			 plan).
(iii) Type of equipment
			 (e.g., a pump or pipeline valve).
(iv) Percent-by-weight total organics in the
			 hazardous waste stream at the equipment.
(v) Hazardous waste state at the equipment
			 (e.g., gas/vapor or liquid).
(vi)
			 Method of compliance with the standard (e.g., "monthly leak detection and
			 repair" or "equipped with dual mechanical seals").
(2) For facilities that comply with the
			 provisions of § 265.1033(a)(2), an implementation schedule as specified in
			 § 265.1033(a)(2).
(3) Where an
			 owner or operator chooses to use test data to demonstrate the organic removal
			 efficiency or total organic compound concentration achieved by the control
			 device, a performance test plan as specified in §
			 265.1035(b)(3).
(4) Documentation
			 of compliance with § 265.1060, including the detailed design documentation
			 or performance test results specified in § 265.1035(b)(4).
(c) When each leak is detected as
			 specified in §§ 265.1052, 265.1053, 265.1057, and 265.1058, the
			 following require-ments apply:
(1) A
			 weatherproof and readily visible identification, marked with the equipment
			 identification number, the date evidence of a potential leak was found in
			 accordance with § 265.1058(a), and the date the leak was detected, shall
			 be attached to the leaking equipment.
(2) The identification on equipment, except
			 on a valve, may be removed after it has been repaired.
(3) The identification on a valve may be
			 removed after it has been monitored for 2 successive months as specified in
			 § 265.1057(c) and no leak has been detected during those 2
			 months.
(d) When each
			 leak is detected as specified in §§ 265.1052, 265.1053, 265.1057, and
			 265.1058,
the following information shall be recorded in an inspection
				log and shall be kept in the facility operating record:
(1) The instrument and operator
			 identification numbers and the equipment identification number.
(2) The date evidence of a potential leak was
			 found in accordance with § 265.1058(a).
(3) The date the leak was detected and the
			 dates of each attempt to repair the leak.
(4) Repair methods applied in each attempt to
			 repair the leak.
(5) "Above 10,000"
			 if the maximum instrument reading measured by the methods specified in §
			 265.1063(b) after each repair attempt is equal to or greater than 10,000
			 ppm.
(6) "Repair delayed" and the
			 reason for the delay if a leak is not repaired within 15 calendar days after
			 discovery of the leak.
(7)
			 Documentation supporting the delay of repair of a valve in compliance with
			 § 265.1059(c).
(8) The
			 signature of the owner or operator (or designate) whose decision it was that
			 repair could not be effected without a hazardous waste management unit
			 shutdown.
(9) The expected date of
			 successful repair of the leak if a leak is not repaired within 15 calendar
			 days.
(10) The date of successful
			 repair of the leak.
(e)
			 Design documentation and monitoring, operating, and inspection information for
			 each closed-vent system and control device required to comply with the
			 provisions of § 265.1060 shall be recorded and kept up-to-date in the
			 facility operating record as specified in § 265.1035(c). Design
			 documentation is specified in § 265.1035 (c)(1) and (c)(2) and monitoring,
			 operating, and inspection information in § 265.1035
			 (c)(3)-(c)(8).
(f) For a control
			 device other than a thermal vapor incinerator, catalytic vapor incinerator,
			 flare, boiler, process heater, condenser, or carbon adsorption system,
			 monitoring and inspection information indicating proper operation and
			 maintenance of the control device must be recorded in the facility operating
			 record.
(g) The following
			 information pertaining to all equipment subject to the requirements in
			 §§ 265.1052 through 265.1060 shall be recorded in a log that is kept
			 in the facility operating record:
(1) A list
			 of identification numbers for equipment (except welded fittings) subject to the
			 requirements of this Subsection.
(2)
(i) A
			 list of identification numbers for equipment that the owner or operator elects
			 to designate for no detectable emissions, as indicated by an instrument reading
			 of less than 500 ppm above background, under the provisions of §§
			 265.1052(e), 265.1053(i), and 265.1057(f).
(ii) The designation of this equipment as
			 subject to the requirements of §§ 265.1052(e), 265.1053(i), or
			 265.1057(f) shall be signed by the owner or operator.
(3) A list of equipment identification
			 numbers for pressure relief devices required to comply with §
			 265.1054(a).
(4)
(i) The dates of each compliance test
			 required in §§ 265.1052(e), 265.1053(i), 265.1054, and
			 265.1057(f).
(ii) The background
			 level measured during each compliance test.
(iii) The maximum instrument reading measured
			 at the equipment during each compliance test.
(5) A list of identification numbers for
			 equipment in vacuum service.
(6)
			 Identification, either by list or location (area or group) of equipment that
			 contains or contacts hazardous waste with an organic concentration of at least
			 10 percent by weight for a period of less than 300 hours per calendar
			 year.
(h) The following
			 information pertaining to all valves subject to the requirements of §
			 265.1057 (g) and (h) shall be recorded in a log that is kept in the facility
			 operating record:
(1) A list of
			 identification numbers for valves that are designated as unsafe to monitor, an
			 explanation for each valve stating why the valve is unsafe to monitor, and the
			 plan for monitoring each valve.
(2)
			 A list of identification numbers for valves that are designated as difficult to
			 monitor, an explanation for each valve stating why the valve is difficult to
			 monitor, and the planned schedule for monitoring each valve.
(i) The following information
			 shall be recorded in the facility operating record for valves complying with
			 § 265.1062:
(1) A schedule of
			 monitoring.
(2) The percent of
			 valves found leaking during each monitoring period.
(j) The following information shall be
			 recorded in a log that is kept in the facility operating record:
(1) Criteria required in §§
			 265.1052(d)(5)(ii) and 265.1053(e)(2) and an explanation of the
			 criteria.
(2) Any changes to these
			 criteria and the reasons for the changes.
(k) The following information shall be
			 recorded in a log that is kept in the facility operating record for use in
			 determining exemptions as provided in the applicability section of this
			 Subsection and other specific Subsections:
(1)
			 An analysis determining the design capacity of the hazardous waste management
			 unit.
(2) A statement listing the
			 hazardous waste influent to and effluent from each hazardous waste management
			 unit subject to the require-ments in §§ 265.1052 through 265.1060 and
			 an analysis determining whether these hazardous wastes are heavy
			 liquids.
(3) An up-to-date analysis
			 and the supporting information and data used to determine whether or not
			 equipment is subject to the requirements in §§ 265.1052 through
			 265.1060. The record shall include supporting documentation as required by
			 § 265.1063(d)(3) when application of the knowledge of the nature of the
			 hazardous waste stream or the process by which it was produced is used. If the
			 owner or operator takes any action (e.g., changing the process that produced
			 the waste) that could result in an increase in the total organic content of the
			 waste contained in or contacted by equipment determined not to be subject to
			 the requirements in §§ 265.1052 through 265.1060, then a new
			 determination is required.
(l) Records of the equipment leak information
			 required by paragraph (d) of this section and the operating information
			 required by paragraph (e) of this section need be kept only 3 years.
(m) The owner or operator of any facility
			 with equipment that is subject to this subsection and to leak detection,
			 monitoring, and repair requirements under regulations at 40 CFR part 60, part
			 61, or part 63 may elect to determine compliance with this subsection either by
			 documentation pursuant to § 265.1064 of this subsection, or by
			 documentation of compliance with the regulations at 40 CFR part 60, part 61, or
			 part 63 pursuant to the relevant provisions of the regulations at 40 CFR part
			 60, part 61, or part 63. The documentation of compliance under regulation at 40
			 CFR part 60, part 61, or part 63 shall be kept with or made readily available
			 with the facility operating record.
§§ 265.1065
- 265.1079
			 [Reserved]
Subsection
			 CC
-Air Emission Standards for Tanks, Surface Impoundments,
			 and Containers
§ 265.1080
Applicability
(a) The requirements of
			 this subsection apply to owners and operators of all facilities that treat,
			 store, or dispose of hazardous waste in tanks, surface impoundments, or
			 containers subject to either Subsection I, J, or K of this Section except as
			 § 265.1 and paragraph (b) of this section provide otherwise.
(b) The requirements of this subsection do
			 not apply to the following waste management units at the facility:
(1) A waste management unit that holds
			 hazardous waste placed in the unit before December 6, 1996, and in which no
			 hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity
			 less than or equal to 0.1 m3 .
(3) A tank in which an owner or operator has
			 stopped adding hazardous waste and the owner or operator has begun implementing
			 or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner
			 or operator has stopped adding hazardous waste (except to implement an approved
			 closure plan) and the owner or operator has begun implementing or completed
			 closure pursuant to an approved closure plan.
(5) A waste management unit that is used
			 solely for on-site treatment or storage of hazardous waste that is placed in
			 the unit as the result of implementing remedial activities required under the
			 RCRA corrective action authorities of 3004(u), 3004(v) or 3008(h), CERCLA
			 authorities, or similar Federal or State authorities.
(6) A waste management unit that is used
			 solely for the management of radioactive mixed waste in accordance with all
			 applicable regulations under the authority of the Atomic Energy Act and the
			 Nuclear Waste Policy Act.
(7) A
			 hazardous waste management unit that the owner or operator certifies is
			 equipped with and operating air emission controls in accordance with the
			 requirements of an applicable Clean Air Act regulation codified under 40 CFR
			 part 60, part 61, or part 63. For the purpose of complying with this paragraph,
			 a tank for which the air emission control includes an enclosure, as opposed to
			 a cover, must be in compliance with the enclosure and control device
			 requirements of § 265.1085(i), except as provided in §
			 265.1083(c)(5).
(8) A tank that has
			 a process vent as defined in § 264.1031.
(c) For the owner and operator of a facility
			 subject to this subsection who has received a final permit under RCRA section
			 3005 prior to December 6, 1996, the following requirements apply:
(1) The requirements of Section 264,
			 subsection CC shall be incorporated into the permit when the permit is reissued
			 in accordance with the requirements of
			 40 CFR
			 124.15 or reviewed in accordance with the
			 requirements of § 270.50(d).
(2) Until the date when the permit is
			 reissued in accordance with the requirements of
			 40 CFR
			 124.15 or reviewed in accordance with the
			 requirements of § 270.50(d), the owner and operator is subject to the
			 requirements of this subsection.
(d) The requirements of this subsection,
			 except for the recordkeeping requirements specified in § 265.1090(i) of
			 this subsection, are administratively stayed for a tank or a container used for
			 the management of hazardous waste generated by organic peroxide manufacturing
			 and its associated laboratory operations when the owner or operator of the unit
			 meets all of the following conditions:
(1) The
			 owner or operator identifies that the tank or container receives hazardous
			 waste generated by an organic peroxide manufacturing process producing more
			 than one functional family of organic peroxides or multiple organic peroxides
			 within one functional family, that one or more of these organic peroxides could
			 potentially undergo self-accelerating thermal decomposition at or below ambient
			 temperatures, and that organic peroxides are the predominant products
			 manufactured by the process. For the purpose of meeting the conditions of this
			 paragraph, "organic peroxide" means an organic compound that contains the
			 bivalent -O-O- structure and which may be considered to be a structural
			 derivative of hydrogen peroxide where one or both of the hydrogen atoms has
			 been replaced by an organic radical.
(2) The owner or operator prepares
			 documen-tation, in accordance with the requirements of § 265.1090(i) of
			 this subsection, explaining why an undue safety hazard would be created if air
			 emission controls specified in §§ 265.1085 through 265.1088 of this
			 subsection are installed and operated on the tanks and containers used at the
			 facility to manage the hazardous waste generated by the organic peroxide
			 manufacturing process or processes meeting the conditions of paragraph (d)(1)
			 of this section.
(3) The owner or
			 operator notifies the Director in writing that hazardous waste generated by an
			 organic peroxide manufacturing process or processes meeting the conditions of
			 paragraph (d)(1) of this section are managed at the facility in tanks or
			 containers meeting the conditions of paragraph (d)(2) of this section. The
			 notification shall state the name and address of the facility, and be signed
			 and dated by an authorized representative of the facility owner or
			 operator.
§
			 265.1081
Definitions
As used in this subsection, all terms not defined herein shall
				have the meaning given to them in the Act and Sections 260 through 266 of this
				rule.
"Average volatile organic concentration" or "average VO
				concentration" means the mass-weighted average volatile organic concentration
				of a hazardous waste as determined in accordance with the requirements of
				§ 265.1084 of this subsection.
"Closure device" means a cap, hatch, lid, plug, seal, valve, or
				other type of fitting that blocks an opening in a cover such that when the
				device is secured in the closed position it prevents or reduces air pollutant
				emissions to the atmosphere. Closure devices include devices that are
				detachable from the cover (e.g., a sampling port cap), manually operated (e.g.,
				a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded
				pressure relief valve).
"Continuous seal" means a seal that forms a continuous closure
				that completely covers the space between the edge of the floating roof and the
				wall of a tank. A continuous seal may be a vapor-mounted seal, liquid-mounted
				seal, or metallic shoe seal. A continuous seal may be constructed of fastened
				segments so as to form a continuous seal.
"Cover" means a device that provides a continuous barrier over
				the hazardous waste managed in a unit to prevent or reduce air pollutant
				emissions to the atmosphere. A cover may have openings (such as access hatches,
				sampling ports, gauge wells) that are necessary for operation, inspection,
				maintenance, and repair of the unit on which the cover is used. A cover may be
				a separate piece of equipment which can be detached and removed from the unit
				or a cover may be formed by structural features permanently integrated into the
				design of the unit.
"Enclosure" means a structure that surrounds a tank or
				container, captures organic vapors emitted from the tank or container, and
				vents the captured vapors through a closed-vent system to a control
				device.
"External floating roof" means a pontoon-type or double-deck
				type cover that rests on the surface of the material managed in a tank with no
				fixed roof.
"Fixed roof" means a cover that is mounted on a unit in a
				stationary position and does not move with fluctuations in the level of the
				material managed in the unit.
"Floating membrane cover" means a cover consisting of a
				synthetic flexible membrane material that rests upon and is supported by the
				hazardous waste being managed in a surface impoundment.
"Floating roof" means a cover consisting of a double deck,
				pontoon single deck, or internal floating cover which rests upon and is
				supported by the material being contained, and is equipped with a continuous
				seal.
"Hard-piping" means pipe or tubing that is manufactured and
				properly installed in accordance with relevant standards and good engineering
				practices.
"In light material service" means the container is used to
				manage a material for which both of the following conditions apply: The vapor
				pressure of one or more of the organic constituents in the material is greater
				than 0.3 kilopascals (kPa) at 20°C; and the total concentration of the pure
				organic constituents having a vapor pressure greater than 0.3 kPa at 20°C
				is equal to or greater than 20 percent by weight.
"Internal floating roof" means a cover that rests or floats on
				the material surface (but not necessarily in complete contact with it) inside a
				tank that has a fixed roof.
"Liquid-mounted seal" means a foam or liquid-filled primary
				seal mounted in contact with the hazardouswaste between the tank wall and the
				floating roof continuously around the circumference of the tank.
"Malfunction" means any sudden, infrequent, and not reasonably
				preventable failure of air pollution control equipment, process equipment, or a
				process to operate in a normal or usual manner. Failures that are caused in
				part by poor maintenance or careless operation are not malfunctions.
"Maximum organic vapor pressure" means the sum of the
				individual organic constituent partial pressures exerted by the material
				contained in a tank, at the maximum vapor pressure-causing conditions (i.e.,
				temperature, agitation, pH effects of combining wastes, etc.) reasonably
				expected to occur in the tank. For the purpose of this subpart, maximum organic
				vapor pressure is determined using the procedures specified in §
				265.1084(c) of this subsection.
"Metallic shoe seal" means a continuous seal that is
				constructed of metal sheets which are held vertically against the wall of the
				tank by springs, weighted levers, or other mechanisms and is connected to the
				floating roof by braces or other means. A flexible coated fabric (envelope)
				spans the annular space between the metal sheet and the floating roof.
"No detectable organic emissions" means no escape of organics
				to the atmosphere as determined using the procedure specified in §
				265.1084(d) of this subsection.
"Point of waste origination" means as follows:
(1) When the facility owner or operator is
			 the generator of the hazardous waste, the point of waste origination means the
			 point where a solid waste produced by a system, process, or waste management
			 unit is determined to be a hazardous waste as defined in Section 261.
[Note: In this case, this term is being used in a manner
				similar to the use of the term "point of generation" in air standards
				established for waste management operations under authority of the Clean Air
				Act in 40 CFR Parts 60, 61, and 63].
(2) When the facility owner and operator are
			 not the generator of the hazardous waste, point of waste origination means the
			 point where the owner or operator accepts delivery or takes possession of the
			 hazardous waste.
"Point of waste treatment" means the point where a hazardous
				waste to be treated in accordance with § 265.1083(c)(2) of this subsection
				exits the treatment process. Any waste determination shall be made before the
				waste is conveyed, handled, or otherwise managed in a manner that allows the
				waste to volatilize to the atmosphere.
"Safety device" means a closure device such as a pressure
				relief valve, frangible disc, fusible plug, or any other type of device which
				functions exclusively to prevent physical damage or permanent deformation to a
				unit or its air emission control equipment by venting gases or vapors directly
				to the atmosphere during unsafe conditions resulting from an unplanned,
				accidental, or emergency event. For the purpose of this subsection, a safety
				device is not used for routine venting of gases or vapors from the vapor
				headspace underneath a cover such as during filling of the unit or to adjust
				the pressure in this vapor headspace in response to normal daily diurnal
				ambient temperature fluctuations. A safety device is designed to remain in a
				closed position during normal operations and open only when the internal
				pressure, or another relevant parameter, exceeds the device threshold setting
				applicable to the air emission control equipment as determined by the owner or
				operator based on manufacturer recommendations, applicable regulations, fire
				protection and prevention codes, standard engineering codes and practices, or
				other requirements for the safe handling of flammable, ignitable, explosive,
				reactive, or hazardous materials.
"Single-seal system" means a floating roof having one
				continuous seal. This seal may be vapor-mounted, liquid-mounted, or a metallic
				shoe seal.
" Vapor-mounted seal" means a continuous seal that is mounted
				such that there is a vapor space between the hazardous waste in the unit and
				the bottom of the seal.
"Volatile organic concentration" or "VO concentration" means
				the fraction by weight of the volatile organic compounds contained in a
				hazardous waste expressed in terms of parts per million (ppmw) as determined by
				direct measurement or by knowledge of the waste in accordance with the
				requirements of § 265.1084 of this subsection. For the purpose of
				determining the VO concentration of a hazardous waste, organic compounds with a
				Henry's law constant value of at least 0.1
				mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1 Y/X)
				[which can also be expressed as 1.8 x 10-6
				atmospheres/gram-mole/m3] at 25 degrees Celsius must
				be included. Appendix VI of this subsection presents a list of compounds known
				to have a Henry's law constant value less than the cutoff level.
"Waste determination" means performing all applicable
				procedures in accordance with the requirements of § 265.1084 of this
				subsection to determine whether a hazardous waste meets standards specified in
				this subsection. Examples of a waste determination include performing the
				procedures in accordance with the requirements of § 265.1084 of this
				subsection to determine the average VO concentration of a hazardous waste at
				the point of waste origination; the average VO concentration of a hazardous
				waste at the point of waste treatment and comparing the results to the exit
				concentration limit specified for the process used to treat the hazardous
				waste; the organic reduction efficiency and the organic biodeg-radation
				efficiency for a biological process used to treat a hazardous waste and
				comparing the results to the applicable standards; or the maximum volatile
				organic vapor pressure for a hazardous waste in a tank and comparing the
				results to the applicable standards.
"Waste stabilization process" means any physical or chemical
				process used to either reduce the mobility of hazardous constituents in a
				hazardous waste or eliminate free liquids as determined by Test Method 9095B
				(Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste,
				Physical/Chemical Methods," as incorporated by reference in § 260.11 of
				this rule. A waste stabilization process includes mixing the hazardous waste
				with binders or other materials, and curing the resulting hazardous waste and
				binder mixture. Other synonymous terms used to refer to this process are "waste
				fixation" or "waste solidification." This does not include the adding of
				absorbent materials to the surface of a waste, without mixing, agitation, or
				subsequent curing, to absorb free liquid.
§ 265.1082
Schedule for
			 implementation of air emission standards
(a) Owners or operators of facilities
			 existing on December 6, 1996, and subject to Subsections I, J, and K of this
			 Section shall meet the following requirements:
(1) Install and begin operation of all
			 control equipment or waste management units required to comply with this
			 subsection and complete modifications of production or treatment processes to
			 satisfy exemption criteria in accordance with § 265.1083(c) of this
			 subsection by December 6, 1996, except as provided for in paragraph (a)(2) of
			 this section.
(2) When control
			 equipment or waste management units required to comply with this subsection
			 cannot be installed and in operation or modifications of production or
			 treatment processes to satisfy exemption criteria in accordance with §
			 265.1083(c) of this subsection cannot be completed by December 6, 1996, the
			 owner or operator shall:
(i) Install and begin
			 operation of the control equipment and waste management units, and complete
			 modifications of production or treatment processes as soon as possible but no
			 later than December 8, 1997.
(ii)
			 Prepare an implementation schedule that includes the following information:
			 specific calendar dates for award of contracts or issuance of purchase orders
			 for control equipment, waste management units, and production or treatment
			 process modifications; initiation of on-site installation of control equipment
			 or waste management units, and modifications of production or treatment
			 processes; completion of control equipment or waste management unit
			 installation, and production or treatment process modifications; and
			 performance of testing to demonstrate that the installed equipment or waste
			 management units, and modified production or treatment processes meet the
			 applicable standards of this subsection.
(iii) For facilities subject to the
			 recordkeeping requirements of § 265.73 of this section, the owner or
			 operator shall enter the implementation schedule specified in paragraph
			 (a)(2)(ii) of this section in the operating record no later than December 6,
			 1996.
(iv) For facilities not
			 subject to § 265.73 of this section, the owner or operator shall enter the
			 implementation schedule specified in paragraph (a)(2)(ii) of this section in a
			 permanent, readily available file located at the facility no later than
			 December 6, 1996.
(b) Owners or operators of facilities and
			 units in existence on the effective date of a statutory or regulatory amendment
			 that renders the facility subject to subsections I, J, or K of this section
			 shall meet the following requirements:
(1)
			 Install and begin operation of control equipment or waste management units
			 required to comply with this subsection, and complete modifications of
			 production or treatment processes to satisfy exemption criteria of §
			 265.1083(c) of this subsection by the effective date of the amendment, except
			 as provided for in paragraph (b)(2) of this section.
(2) When control equipment or waste
			 management units required to comply with this subsection cannot be installed
			 and begin operation, or when modifications of production or treatment processes
			 to satisfy exemption criteria of § 265.1083(c) of this subsection cannot
			 be completed by the effective date of the amendment, the owner or operator
			 shall:
(i) Install and begin operation of the
			 control equipment or waste management unit, and complete modification of
			 production or treatment processes as soon as possible but no later than 30
			 months after the effective date of the amendment.
(ii) For facilities subject to the
			 recordkeeping requirements of § 265.73 of this section, enter and maintain
			 the implementation schedule specified in paragraph (a)(2)(ii) of this section
			 in the operating record no later than the effective date of the amendment,
			 or
(iii) For facilities not subject
			 to § 265.73 of this section, the owner or operator shall enter and
			 maintain the implementation schedule specified in paragraph (a)(2)(ii) of this
			 section in a permanent, readily available file located at the facility site no
			 later than the effective date of the amendment.
(c) Owners and operators of facilities and
			 units that become newly subject to the requirements of this subsection after
			 December 8, 1997 due to an action other than those described in paragraph (b)
			 of this section must comply with all applicable requirements immediately (i.e.,
			 must have control devices installed and operating on the date the facility or
			 unit becomes subject to this subsection; the 30-month implementation schedule
			 does not apply).
(d) The Director
			 may elect to extend the implementation date for control equipment at a
			 facility, on a case by case basis, to a date later than December 8, 1997, when
			 special circumstances that are beyond the facility owner's or operator's
			 control delay installation or operation of control equipment, and the owner or
			 operator has made all reasonable and prudent attempts to comply with the
			 requirements of this subsection.
§ 265.1083
Standards:
			 General
(a) This section applies to
			 the management of hazardous waste in tanks, surface impoundments, and
			 containers subject to this subsection.
(b) The owner or operator shall control air
			 pollutant emissions from each hazardous waste management unit in accordance
			 with standards specified in § 265.1085 through § 265.1088 of this
			 subsection, as applicable to the hazardous waste management unit, except as
			 provided for in paragraph (c) of this section.
(c) A tank, surface impoundment, or container
			 is exempt from standards specified in § 265.1085 through § 265.1088
			 of this subsection, as applicable, provided that the waste management unit is
			 one of the following:
(1) A tank, surface
			 impoundment, or container for which all hazardous waste entering the unit has
			 an average VO concentration at the point of waste origination of less than 500
			 parts per million by weight (ppmw). The average VO concentration shall be
			 determined using the procedures specified in § 265.1084(a) of this
			 subsection. The owner or operator shall review and update, as necessary, this
			 determination at least once every 12 months following the date of the initial
			 determination for the hazardous waste streams entering the unit.
(2) A tank, surface impoundment, or container
			 for which the organic content of all the hazardous waste entering the waste
			 management unit has been reduced by an organic destruction or removal process
			 that achieves any one of the following conditions:
(i) A process that removes or destroys the
			 organics contained in the hazardous waste to a level such that the average VO
			 concentration of the hazardous waste at the point of waste treatment is less
			 than the exit concentration limit (Ct) established for
			 the process.
The average VO concentration of the hazardous waste at the
				point of waste treatment and the exit concentration limit for the process shall
				be determined using the procedures specified in § 265.1084(b) of this
				subsection.
(ii) A process
			 that removes or destroys the organics contained in the hazardous waste to a
			 level such that the organic reduction efficiency (R) for the process is equal
			 to or greater than 95 percent, and the average VO concentration of the
			 hazardous waste at the point of waste treatment is less than 100 ppmw. The
			 organic reduction efficiency for the process and the average VO concentration
			 of the hazardous waste at the point of waste treatment shall be determined
			 using the procedures specified in § 265.1084(b) of this
			 subsection.
(iii) A process that
			 removes or destroys the organics contained in the hazardous waste to a level
			 such that the actual organic mass removal rate (MR) for the process is equal to
			 or greater than the required organic mass removal rate (RMR) established for
			 the process. The required organic mass removal rate and the actual organic mass
			 removal rate for the process shall be determined using the procedures specified
			 in § 265.1084(b) of this subsection.
(iv) A biological process that destroys or
			 degrades the organics contained in the hazardous waste, such that either of the
			 following conditions is met:
(A) The organic
			 reduction efficiency (R) for the process is equal to or greater than 95
			 percent, and the organic biodegradation efficiency
			 (Rbio) for the process is equal to or greater than 95
			 percent. The organic reduction efficiency and the organic biodegradation
			 efficiency for the process shall be determined using the procedures specified
			 in § 265.1084(b) of this subsection.
(B) The total actual organic mass
			 biodegradation rate (MRbio) for all hazardous waste
			 treated by the process is equal to or greater than the required organic mass
			 removal rate (RMR). The required organic mass removal rate and the actual
			 organic mass biodegradation rate for the process shall be determined using the
			 procedures specified in § 265.1084(b) of this subsection.
(v) A process that removes or
			 destroys the organics contained in the hazardous waste and meets all of the
			 following conditions:
(A) From the point of
			 waste origination through the point where the hazardous waste enters the
			 treatment process, the hazardous waste is managed continuously in waste
			 management units which use air emission controls in accordance with the
			 standards specified in § 265.1085 through § 265.1088 of this
			 subsection, as applicable to the waste management unit.
(B) From the point of waste origination
			 through the point where the hazardous waste enters the treatment process, any
			 transfer of the hazardous waste is accomplished through continuous hard-piping
			 or other closed system transfer that does not allow exposure of the waste to
			 the atmosphere. The EPA considers a drain system that meets the requirements of
			 40 CFR part 63, subpart RR - National Emission Standards for Individual Drain
			 Systems to be a closed system.
(C)
			 The average VO concentration of the hazardous waste at the point of waste
			 treatment is less than the lowest average VO concentration at the point of
			 waste origination determined for each of the individual waste streams entering
			 the process or 500 ppmw, whichever value is lower. The average VO concentration
			 of each individual waste stream at the point of waste origination shall be
			 determined using the procedures specified in § 265.1084(a) of this
			 sub-section. The average VO concentration of the hazardous waste at the point
			 of waste treatment shall be determined using the procedures specified in §
			 265.1084(b) of this subsection.
(vi) A process that removes or destroys the
			 organics contained in the hazardous waste to a level such that the organic
			 reduction efficiency (R) for the process is equal to or greater than 95 percent
			 and the owner or operator certifies that the average VO concentration at the
			 point of waste origination for each of the individual waste streams entering
			 the process is less than 10,000 ppmw. The organic reduction efficiency for the
			 process and the average VO concentration of the hazardous waste at the point of
			 waste origination shall be determined using the procedures specified in §
			 265.1084(b) and § 265.1084(a) of this subsection, respectively.
(vii) A hazardous waste incinerator for which
			 the owner or operator has either:
(A) Been
			 issued a final permit under § 270 which implements the requirements of
			 § 264, subsection O; or
(B)
			 Has designed and operates the incinerator in accordance with the interim status
			 requirements of subsection O of this section.
(viii) A boiler or industrial furnace for
			 which the owner or operator has either:
(A)
			 Been issued a final permit under § 270 which implements the require-ments
			 of § 266, subsection H, or
(B)
			 Has designed and operates the boiler or industrial furnace in accordance with
			 the interim status requirements of § 266, subsection H.
(ix) For the purpose of
			 determining the performance of an organic destruction or removal process in
			 accordance with the conditions in each of paragraphs (c)(2)(i) through
			 (c)(2)(vi) of this section, the owner or operator shall account for VO
			 concentrations determined to be below the limit of detection of the analytical
			 method by using the following VO concentration:
(A) If Method 25D in 40 CFR part 60, appendix
			 A is used for the analysis, one-half the blank value determined in the method
			 at section 4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25
			 ppmw, whichever is less.
(B) If any
			 other analytical method is used, one-half the sum of the limits of detection
			 established for each organic constituent in the waste that has a Henry's law
			 constant value at least 0.1 mole-fraction -in-the-gas-phase/mole-fraction-in-
			 the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x
			 10-6
			 atmospheres/gram-mole/m3 ] at 25 degrees
			 Celsius.
(3)
			 A tank or surface impoundment used for biological treatment of hazardous waste
			 in accordance with the requirements of paragraph (c)(2)(iv) of this
			 section.
(4) A tank, surface
			 impoundment, or container for which all hazardous waste placed in the unit
			 either:
(i) Meets the numerical concentration
			 limits for organic hazardous constituents, applicable to the hazardous waste,
			 as specified in § 268 - Land Disposal Restrictions under Table "Treatment
			 Standards for Hazardous Waste" in § 268.40; or
(ii) The organic hazardous constituents in
			 the waste have been treated by the treatment technology established by the EPA
			 for the waste in § 268.42(a), or have been removed or destroyed by an
			 equivalent method of treatment approved pursuant to § 268.42(b).
(5) A tank used for bulk feed of
			 hazardous waste to a waste incinerator and all of the following conditions are
			 met:
(i) The tank is located inside an
			 enclosure vented to a control device that is designed and operated in
			 accordance with all applicable requirements specified under 40 CFR part 61,
			 subpart FF - National Emission Standards for Benzene Waste Operations for a
			 facility at which the total annual benzene quantity from the facility waste is
			 equal to or greater than 10 megagrams per year;
(ii) The enclosure and control device serving
			 the tank were installed and began operation prior to December 6, 1996;
			 and
(iii) The enclosure is designed
			 and operated in accordance with the criteria for a permanent total enclosure as
			 specified in "Procedure T - Criteria for and Verification of a Permanent or
			 Temporary Total Enclosure" under
			 40
			 CFR 52.741, Appendix B. The enclosure may
			 have permanent or temporary openings to allow worker access; passage of
			 material into or out of the enclosure by conveyor, vehicles, or other
			 mechanical or electrical equipment; or to direct air flow into the enclosure.
			 The owner or operator shall perform the verification procedure for the
			 enclosure as specified in Section 5.0 to "Procedure T - Criteria for and
			 Verification of a Permanent or Temporary Total Enclosure" annually.
(d) The Director may at
			 any time perform or request that the owner or operator perform a waste
			 determination for a hazardous waste managed in a tank, surface impoundment, or
			 container exempted from using air emission controls under the provisions of
			 this section as follows:
(1) The waste
			 determination for average VO concentration of a hazardous waste at the point of
			 waste origination shall be performed using direct measurement in accordance
			 with the applicable requirements of § 265.1084(a) of this subsection. The
			 waste determination for a hazardous waste at the point of waste treatment shall
			 be performed in accordance with the applicable requirements of §
			 265.1084(b) of this subsection.
(2)
			 In performing a waste determination pursuant to paragraph (d)(1) of this
			 section, the sample preparation and analysis shall be conducted as follows:
(i) In accordance with the method used by the
			 owner or operator to perform the waste analysis, except in the case specified
			 in paragraph (d)(2)(ii) of this section.
(ii) If the Director determines that the
			 method used by the owner or operator was not appropriate for the hazardous
			 waste managed in the tank, surface impoundment, or container, then the Director
			 may choose an appropriate method.
(3) In a case when the owner or operator is
			 requested to perform the waste determination, the Director may elect to have an
			 authorized representative observe the collection of the hazardous waste samples
			 used for the analysis.
(4) In a
			 case when the results of the waste determination performed or requested by the
			 Director do not agree with the results of a waste determination performed by
			 the owner or operator using knowledge of the waste, then the results of the
			 waste determination performed in accordance with the requirements of paragraph
			 (d)(1) of this section shall be used to establish compliance with the
			 requirements of this subsection.
(5) In a case when the owner or operator has
			 used an averaging period greater than 1 hour for determining the average VO
			 concentration of a hazardous waste at the point of waste origination, the
			 Director may elect to establish compliance with this subsection by performing
			 or requesting that the owner or operator perform a waste determination using
			 direct measurement based on waste samples collected within a 1-hour period as
			 follows:
(i) The average VO concentration of
			 the hazardous waste at the point of waste origination shall be determined by
			 direct measurement in accordance with the requirements of § 265.1084(a) of
			 this subsection.
(ii) Results of
			 the waste determination performed or requested by the Director showing that the
			 average VO concentration of the hazardous waste at the point of waste
			 origination is equal to or greater than 500 ppmw shall constitute noncompliance
			 with this subsection except in a case as provided for in paragraph (d)(5)(iii)
			 of this section.
(iii) For the case
			 when the average VO concentration of the hazardous waste at the point of waste
			 origination previously has been determined by the owner or operator using an
			 averaging period greater than 1 hour to be less than 500 ppmw but because of
			 normal operating process variations the VO concentration of the hazardous waste
			 determined by direct measurement for any given 1-hour period may be equal to or
			 greater than 500 ppmw, information that was used by the owner or operator to
			 determine the average VO concentration of the hazardous waste (e.g., test
			 results, measurements, calculations, and other documentation) and recorded in
			 the facility records in accordance with the requirements of § 265.1084(a)
			 and § 265.1090 of this subsection shall be considered by the Director
			 together with the results of the waste determination performed or requested by
			 the Director in establishing compliance with this subsection.
§
			 265.1084
Waste determination procedures
(a) Waste determination procedure to
			 determine average volatile organic (VO) concentration of a hazardous waste at
			 the point of waste origination.
(1) An owner
			 or operator shall determine the average VO concentration at the point of waste
			 origination for each hazardous waste placed in a waste management unit exempted
			 under the provisions of § 265.1083(c)(1) of this subsection from using air
			 emission controls in accordance with standards specified in § 265.1085
			 through § 265.1088 of this subsection, as applicable to the waste
			 management unit.
(i) An initial determination
			 of the average VO concentration of the waste stream shall be made before the
			 first time any portion of the material in the hazardous waste stream is placed
			 in a waste management unit exempted under the provisions of §
			 265.1083(c)(1) of this subsection from using air emission controls, and
			 thereafter an initial determination of the average VO concentration of the
			 waste stream shall be made for each averaging period that a hazardous waste is
			 managed in the unit; and
(ii)
			 Perform a new waste determination whenever changes to the source generating the
			 waste stream are reasonably likely to cause the average VO concentration of the
			 hazardous waste to increase to a level that is equal to or greater than the VO
			 concentration limit specified in § 265.1083(c)(1) of this
			 subsection.
(2) For a
			 waste determination that is required by paragraph (a)(1) of this section, the
			 average VO concentration of a hazardous waste at the point of waste origination
			 shall be determined using either direct measurement as specified in paragraph
			 (a)(3) of this section or by knowledge as specified in paragraph (a)(4) of this
			 section.
(3) Direct measurement to
			 determine average VO concentration of a hazardous waste at the point of waste
			 origination.
(i) Identification. The owner or
			 operator shall identify and record the point of waste origination for the
			 hazardous waste.
(ii) Sampling.
			 Samples of the hazardous waste stream shall be collected at the point of waste
			 origination in a manner such that volatilization of organics contained in the
			 waste and in the subsequent sample is minimized and an adequately
			 representative sample is collected and maintained for analysis by the selected
			 method.
(A) The averaging period to be used
			 for determining the average VO concen-tration for the hazardous waste stream on
			 a mass-weighted average basis shall be designated and recorded. The averaging
			 period can represent any time interval that the owner or operator determines is
			 appropriate for the hazardous waste stream but shall not exceed 1
			 year.
(B) A sufficient number of
			 samples, but no less than four samples, shall be collected and analyzed for a
			 hazardous waste determination. All of the samples for a given waste
			 determination shall be collected within a one-hour period. The average of the
			 four or more sample results constitutes a waste determination for the waste
			 stream. One or more waste determinations may be required to represent the
			 complete range of waste compositions and quantities that occur during the
			 entire averaging period due to normal variations in the operating conditions
			 for the source or process generating the hazardous waste stream. Examples of
			 such normal variations are seasonal variations in waste quantity or
			 fluctuations in ambient temperature.
(C) All samples shall be collected and
			 handled in accordance with written procedures prepared by the owner or operator
			 and documented in a site sampling plan. This plan shall describe the procedure
			 by which representative samples of the hazardous waste stream are collected
			 such that a minimum loss of organics occurs throughout the sample collection
			 and handling process, and by which sample integrity is maintained. A copy of
			 the written sampling plan shall be maintained on-site in the facility operating
			 records. An example of acceptable sample collection and handling procedures for
			 a total volatile organic constituent concentration may be found in Method 25D
			 in 40 CFR part 60, appendix A.
(D)
			 Sufficient information, as specified in the "site sampling plan'' required
			 under paragraph (a)(3)(ii)(C) of this section, shall be prepared and recorded
			 to document the waste quantity represented by the samples and, as applicable,
			 the operating conditions for the source or process generating the hazardous
			 waste represented by the samples.
(iii) Analysis. Each collected sample shall
			 be prepared and analyzed in accordance with Method 25D in 40 CFR part 60,
			 appendix A for the total concentration of volatile organic constituents, or
			 using one or more methods when the individual organic compound concentrations
			 are identified and summed and the summed waste concentration accounts for and
			 reflects all organic compounds in the waste with Henry's law constant values at
			 least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the--6 liquid-phase
			 (0.1 Y/X) [which can also be expressed as 1.8x10 atmospheres/gram-3 mole/m ] at
			 25 degrees Celsius. At the owner or operator's discretion, the owner or
			 operator may adjust test data obtained by any appropriate method to discount
			 any contribution to the total volatile organic concentration that is a result
			 of including a compound with a Henry's law constant value of less than 0.1 Y/X
			 at 25 degrees Celsius.
To adjust these data, the measured concentration of each
				individual chemical constituent contained in the waste is multiplied by the
				appropriate constituent-specific adjustment factor (fm25D). If the owner or
				operator elects to adjust test data, the adjustment must be made to all
				individual chemical constituents with a Henry's law constant value greater than
				or equal to 0.1 Y/X at 25 degrees Celsius contained in the waste.
Constituent-specific adjustment factors (f ) can be obtained by
				contacting the m25D Waste and Chemical Processes Group, Office of Air Quality
				Planning and Standards, Research Triangle Park, NC 27711. Other test methods
				may be used if they meet the requirements in paragraph (a)(3)(iii)(A) or (B) of
				this section and provided the requirement to reflect all organic compounds in
				the waste with Henry's law constant values greater than or equal to 0.1 Y/X
				[which can also be expressed as 1.8 x 10-6 
				atmospheres/gram-mole/m3] at 25 degrees Celsius, is
				met.
(A) Any EPA standard
			 method that has been validated in accordance with ''Alternative Validation
			 Procedure for EPA Waste and Wastewater Methods," 40 CFR part 63, appendix
			 D.
(B) Any other analysis method
			 that has been validated in accordance with the procedures specified in Section
			 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or
			 Section 6.3, of Method 301 in 40 CFR part 63, appendix A. The data are
			 acceptable if they meet the criteria specified in Section 6.1.5 or Section
			 6.3.3 of Method 301. If correction is required under section 6.3.3 of Method
			 301, the data are acceptable if the correction factor is within the range 0.7
			 to 1.30. Other sections of Method 301 are not required.
(iv) Calculations.
(A) The average VO concentration (C) on a
			 mass-weighted basis shall be calculated by using the results for all waste
			 determinations conducted in accordance with paragraphs (a)(3)(ii) and (iii) of
			 this section and the following equation:
Click here to view
				image
where:
C = Average VO concentration of the hazardous waste at the
				point of waste origination on a mass-weighted basis, ppmw.
i = Individual sample "i" of the hazardous waste.
n = Total number of samples of the hazardous waste collected
				(at least 4) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of hazardous waste stream represented by Ci,
				kg/hr.
QT = Total mass quantity of hazardous waste during the
				averaging period, kg/hr.
Ci = Measured VO concentration of sample "i" as determined in
				accordance with the requirements of '265.1084(a)(3)(iii) of this subpart,
				ppmw.
(B) For the purpose
			 of determining C , for individual waste samples analyzed in i accordance with
			 paragraph (a)(3)(iii) of this section, the owner or operator shall account for
			 VO concentrations determined to be below the limit of detection of the
			 analytical method by using the following VO concentration:
(1) If Method 25D in 40 CFR part 60, Appendix
			 A is used for the analysis, one-half the blank value determined in the method
			 at section 4.4 of Method 25D in 40 CFR part 60, appendix A.
(2) If any other analytical method is used,
			 one-half the sum of the limits of detection established for each organic
			 constituent in the waste that has a Henry's law constant values at least 0.1
mole-fraction-in-the- gas-phase/mole-fraction-in-
				the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 x 10-6
				atmospheres/gram-mole/m3 ] at 25°C.
(v) Provided
			 that the test method is appropriate for the waste as required under paragraph
			 (a)(3)(iii) of this section, the EPA will determine compliance based on the
			 test method used by the owner or operator as recorded pursuant to Sec.
			 265.1090(f)(1) of this subsection. (4) Use of owner or operator knowledge to
			 determine average VO concentration of a hazardous waste at the point of waste
			 origination.
(i) Documentation shall be
			 prepared that presents the information used as the basis for the owner's or
			 operator's knowledge of the hazardous waste stream's average VO concentration.
			 Examples of information that may be used as the basis for knowledge include:
			 Material balances for the source or process generating the hazardous waste
			 stream; constituent-specific chemical test data for the hazardous waste stream
			 from previous testing that are still applicable to the current waste stream;
			 previous test data for other locations managing the same type of waste stream;
			 or other knowledge based on information included in manifests, shipping papers,
			 or waste certification notices.
(ii) If test data are used as the basis for
			 knowledge, then the owner or operator shall document the test method, sampling
			 protocol, and the means by which sampling variability and analytical
			 variability are accounted for in the determination of the average VO
			 concentration. For example, an owner or operator may use organic concentration
			 test data for the hazardous waste stream that are validated in accordance with
			 Method 301 in 40 CFR part 63, appendix A as the basis for knowledge of the
			 waste.
(iii) An owner or operator
			 using chemical constituent-specific concentration test data as the basis for
			 knowledge of the hazardous waste may adjust the test data to the corresponding
			 average VO concentration value which would have been obtained had the waste
			 samples been analyzed using Method 25D in 40 CFR part 60, appendix A. To adjust
			 these data, the measured concentration for each individual chemical constituent
			 contained in the waste is multiplied by the appropriate constituent-specific
			 adjustment factor (fm25D).
(iv) In
			 the event that the Director and the owner or operator disagree on a
			 determination of the average VO concentration for a hazardous waste stream
			 using knowledge, then the results from a determination of average VO
			 concentration using direct measurement as specified in paragraph (a)(3) of this
			 section shall be used to establish compliance with the applicable requirements
			 of this subsection. The Director may perform or request that the owner or
			 operator perform this determination using direct measurement. The owner or
			 operator may then choose one or more appropriate methods to analyze each
			 collected sample in accordance with the requirements of paragraph (a)(3)(iii)
			 of this section.
(b) Waste determination procedures for
			 treated hazardous waste.
(1) An owner or
			 operator shall perform the applicable waste determination for each treated
			 hazardous waste placed in a waste management unit exempted under the provisions
			 of § 265.1083 (c)(2)(i) through (c)(2)(vi) of this subsection from using
			 air emission controls in accordance with standards specified in §§
			 265.1085 through 265.1088 of this subsection, as applicable to the waste
			 management unit.
(i) An initial determination
			 of the average VO concentration of the waste stream shall be made before the
			 first time any portion of the material in the treated waste stream is placed in
			 a waste management unit exempted under the provisions of § 265.1083(c)(2),
			 § 265.1083(c)(3), or § 265.1083(c)(4) of this subsection from using
			 air emission controls, and thereafter update the information used for the waste
			 determination at least once every 12 months following the date of the initial
			 waste determination; and
(ii)
			 Perform a new waste determination whenever changes to the process generating or
			 treating the waste stream are reasonably likely to cause the average VO
			 concentration of the hazardous waste to increase to a level such that the
			 applicable treatment conditions specified in § 265.1083(c)(2), §
			 265.1083(c)(3), or § 265.1083(c)(4) of this subpart are not
			 achieved.
(2) The owner
			 or operator shall designate and record the specific provision in §
			 265.1083(c)(2) of this subsection under which the waste determination is being
			 performed. The waste determination for the treated hazardous waste shall be
			 performed using the applicable procedures specified in paragraphs (b)(3)
			 through (b)(9) of this section.
(3)
			 Procedure to determine the average VO concentration of a hazardous waste at the
			 point of waste treatment.
(i) Identification.
			 The owner or operator shall identify and record the point of waste treatment
			 for the hazardous waste.
(ii)
			 Sampling. Samples of the hazardous waste stream shall be collected at the point
			 of waste treatment in a manner such that volatilization of organics contained
			 in the waste and in the subsequent sample is minimized and an adequately
			 representative sample is collected and maintained for analysis by the selected
			 method.
(A) The averaging period to be used
			 for determining the average VO concentration for the hazardous waste stream on
			 a mass-weighted average basis shall be designated and recorded. The averaging
			 period can represent any time interval that the owner or operator determines is
			 appropriate for the hazardous waste stream but shall not exceed 1
			 year.
(B) A sufficient number of
			 samples, but no less than four samples, shall be collected and analyzed for a
			 hazardous waste determination. All of the samples for a given waste
			 determination shall be collected within a one-hour period. The average of the
			 four or more sample results constitutes a waste determination for the waste
			 stream. One or more waste determinations may be required to represent the
			 complete range of waste compositions and quantities that occur during the
			 entire averaging period due to normal variations in the operating conditions
			 for the process generating or treating the hazardous waste stream. Examples of
			 such normal variations are seasonal variations in waste quantity or
			 fluctuations in ambient temperature.
(C) All samples shall be collected and
			 handled in accordance with written procedures prepared by the owner or operator
			 and documented in a site sampling plan. This plan shall describe the procedure
			 by which representative samples of the hazardous waste stream are collected
			 such that a minimum loss of organics occurs throughout the sample collection
			 and handling process, and by which sample integrity is maintained. A copy of
			 the written sampling plan shall be maintained on-site in the facility operating
			 records. An example of acceptable sample collection and handling procedures for
			 a total volatile organic constituent concentration may be found in Method 25D
			 in 40 CFR part 60, appendix A.
(D)
			 Sufficient information, as specified in the "site sampling plan'' required
			 under paragraph (C) of (b)(3)(ii)this section, § 265.1084(b)(3)(ii), shall
			 be prepared and recorded to document the waste quantity represented by the
			 samples and, as applicable, the operating conditions for the process treating
			 the hazardous waste represented by the samples.
(iii) Analysis. Each collected sample shall
			 be prepared and analyzed in accordance with Method 25D in 40 CFR part 60,
			 appendix A for the total concentration of volatile organic constituents, or
			 using one or more methods when the individual organic compound concentrations
			 are identified and summed and the summed waste concentration accounts for and
			 reflects all organic compounds in the waste with Henry's law constant values at
			 least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the- liquid-phase
			 (0.1 Y/X) [which can also be expressed as 1.8 x 10-6
			 atmospheres/gram- mole/m3 ] at 25 degrees Celsius.
			 When the owner or operator is making a waste determination for a treated
			 hazardous waste that is to be compared to an average VO concentration at the
			 point of waste origination or the point of waste entry to the treatment system
			 to determine if the conditions of § 264.1082(c)(2)(i) through (c)(2)(vi)
			 of this Rule, or § 265.1083(c)(2)(i) through (c)(2)(vi) of this Subsection
			 are met, then the waste samples shall be prepared and analyzed using the same
			 method or methods as were used in making the initial waste determinations at
			 the point of waste origination or at the point of entry to the treatment
			 system. At the owner or operator's discretion, the owner or operator may adjust
			 test data obtained by any appropriate method to discount any contribution to
			 the total volatile organic concentration that is a result of including a
			 compound with a Henry's law constant value less than 0.1 Y/X at 25 degrees
			 Celsius. To adjust these data, the measured concentration of each individual
			 chemical constituent in the waste is multiplied by the appropriate
			 constituent-specific adjustment factor (fm25D). If the owner or operator elects
			 to adjust test data, the adjustment must be made to all individual chemical
			 constituents with a Henry's law constant value greater than or equal to 0.1 Y/X
			 at 25 degrees Celsius contained in the waste. Constituent-specific adjustment
			 factors (fm25D) can be obtained by contacting the Waste and Chemical
Processes Group, Office of Air Quality Planning and Standards,
				Research Triangle Park, NC 27711. Other test methods may be used if they meet
				the requirements in paragraph (a)(3)(iii)(A) or (B) of this section and
				provided the requirement to reflect all organic compounds in the waste with
				Henry's law constant values greater than or equal to 0.1
				  3 Y/X [which can also be expressed as 1.8 x
				10-6 atmospheres/gram-mole/m ] at 25 degrees
				Celsius, is met.
(A) Any EPA standard
			 method that has been validated in accordance with ''Alternative Validation
			 Procedure for EPA Waste and Wastewater Methods,'' 40 CFR part 63, appendix
			 D.
(B) Any other analysis method
			 that has been validated in accordance with the procedures specified in Section
			 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or
			 Section 6.3, of Method 301 in 40 CFR part 63, appendix A. The data are
			 acceptable if they meet the criteria specified in Section 6.1.5 or Section
			 6.3.3 of Method 301. If correction is required under section 6.3.3 of Method
			 301, the data are acceptable if the correction factor is within the range 0.7
			 to 1.30. Other sections of Method 301 are not required.
(iv) Calculations. The average VO
			 concentration (C) on a mass-weighted basis shall be calculated by using the
			 results for all waste determinations conducted in accordance with paragraphs
			 (b)(3)(ii) and (iii) of this section and the following equation:
Click here to view
				image
where:
C=Average VO concentration of the hazardous waste at the point
				of waste treatment on a mass-weighted basis, ppmw.
i=Individual waste determination "i" of the hazardous
				waste.
n=Total number of waste determinations of the hazardous waste
				conducted for the averaging period (not to exceed 1 year).
Qi =Mass quantity of hazardous waste
				stream represented by , kg/hr.
QT =Total mass quantity of hazardous
				waste during the averaging period, kg/hr.
Ci =Measured VO concentration of waste
				determination "i" as determined in i accordance with the requirements of
				paragraph (b)(3)(iii) of this section (i.e. the average of the four or more
				samples specified in paragraph (b)(3)(ii)(B) of this section), ppmw.
(v) Provided that the test method
			 is appropriate for the waste as required under paragraph (b)(3)(iii) of this
			 section, compliance shall be determined based on the test method used by the
			 owner or operator as recorded pursuant to § 265.1090(f)(1) of this
			 subsection.
(4)
			 Procedure to determine the exit concentration limit (Ct)
			 for a treated hazardous waste.
(i) The point
			 of waste origination for each hazardous waste treated by the process at the
			 same time shall be identified.
(ii)
			 If a single hazardous waste stream is identified in paragraph (b)(4)(i) of this
			 section, then the exit concentration limit (Ct) shall be 500 ppmw.
(iii) If more than one hazardous waste stream
			 is identified in paragraph (b)(4)(i) of this section, then the average VO
			 concentration of each hazardous waste stream at the point of waste origination
			 shall be determined in accordance with the requirements of paragraph (a) of
			 this section. The exit concentration limit (Ct) shall be calculated by using
			 the results determined for each individual hazardous waste stream and the
			 following equation:
Click here to view
				image
where:
C t = Exit concentration limit for
				treated hazardous waste, ppmw.
x = Individual hazardous waste stream "x" that has an average
				VO concentration less than 500 ppmw at the point of waste origination as
				determined in accordance with the requirements of § 265.1084(a) of this
				subsection.
y = Individual hazardous waste stream "y" that has an average
				VO concentration equal to or greater than 500 ppmw at the point of waste
				origination as determined in accordance with the requirements of
				§265.1084(a) of this subsection.
m = Total number of "x" hazardous waste streams treated by
				process.
n = Total number of "y" hazardous waste streams treated by
				process.
Q x = Annual mass quantity of hazardous
				waste stream "x," kg/yr.
Qy = Annual mass quantity of hazardous
				waste stream "y," kg/yr. x = Average VO concentration of hazardous waste stream
				"x" at the point of waste origination as determined in accordance with the
				requirements of § 265.1084(a) of this subsection, ppmw.
(5) Procedure to determine the
			 organic reduction efficiency (R) for a treated hazardous waste.
(i) The organic reduction efficiency (R) for
			 a treatment process shall be determined based on results for a minimum of three
			 consecutive runs.
(ii) All
			 hazardous waste streams entering the treatment process and all hazardous waste
			 streams exiting the treatment process shall be identified. The owner or
			 operator shall prepare a sampling plan for measuring these streams that
			 accurately reflects the retention time of the hazardous waste in the
			 process.
(iii) For each run,
			 information shall be determined for each hazardous waste stream identified in
			 paragraph (b)(5)(ii) of this section using the following procedures:
(A) The mass quantity of each hazardous waste
			 stream entering the process (Qb ) and the mass quantity
			 of each hazardous waste stream exiting the process (Qa )
			 shall be determined.
(B) The
			 average VO concentration at the point of waste origination of each hazardous
			 waste stream entering the process (b) during the run shall be determined in
			 accordance with the requirements of paragraph (a)(3) of this section. The
			 average VO concentration at the point of waste treatment of each waste stream
			 exiting the process (a) during the run shall be determined in accordance with
			 the requirements of paragraph (b)(3) of this section.
(iv) The waste volatile organic mass flow
			 entering the process (Eb) and the waste volatile organic
			 mass flow exiting the process (Ea ) shall be calculated
			 by using the results determined in accordance with paragraph (b)(5)(iii) of
			 this section and the following equations:
Click here to view
				image
where:
Ea = Waste volatile organic mass flow
				exiting process, kg/hr.
Eb = Waste volatile organic mass flow
				entering process, kg/hr. m = Total number of runs (at least 3)
j = Individual run "j"
Qb = Mass quantity of hazardous waste
				entering process during run "j," kg/hr.
Qa = Average mass quantity of hazardous
				waste exiting process during run "j," kg/hr.
a = Average VO concentration of hazardous waste exiting process
				during run "j" as determined in accordance with the requirements of
				'265.1084(b)(3) of this subsection , ppmw.
b = Average VO concentration of hazardous waste entering
				process during run "j" as determined in accordance with the requirements of
				§ 265.1084(a)(3) of this subsection, ppmw.
(v) The organic reduction efficiency of the
			 process shall be calculated by using the results determined in accordance with
			 paragraph (b)(5)(iv) of this section and the following equation:
Click here to view
				image
where:
R = Organic reduction efficiency, percent.
Eb = Waste volatile organic mass flow
				entering process as determined in accordance with the b requirements of
				paragraph (b)(5)(iv) of this section, kg/hr.
Eb = Waste volatile organic mass flow
				exiting process as determined in accordance with the a requirements of
				paragraph (b)(5)(iv) of this section, kg/hr.
(6) Procedure to determine the organic
			 biodegradation efficiency (R ) for a treated bio hazardous waste.
(i) The fraction of organics biodegraded (F )
			 shall be determined using the bio procedure specified in 40 CFR part 63,
			 appendix C.
(ii) The R shall be
			 calculated by using the following equation:
Click here to view
				image
where:
Rbio = Organic biodegradation
				efficiency, percent.
Fbio = Fraction of organic biodegraded
				as determined in accordance with the requirements of paragraph (b)(6)(i) of
				this section.
(7) Procedure to determine the required
			 organic mass removal rate (RMR) for a treated hazardous waste.
(i) All of the hazardous waste streams
			 entering the treatment process shall be identified.
(ii) The average VO concentration of each
			 hazardous waste stream at the point of waste origination shall be determined in
			 accordance with the requirements of paragraph (a) of this section.
(iii) For each individual hazardous waste
			 stream that has an average VO concentration equal to or greater than 500 ppmw
			 at the point of waste origination, the average volumetric flow rate and the
			 density of the hazardous waste stream at the point of waste origination shall
			 be determined.
(iv) The RMR shall
			 be calculated by using the average VO concentration, average volumetric flow
			 rate, and density determined for each individual hazardous waste stream, and
			 the following equation:
Click here to view
				image
where: RMR = Required organic mass removal rate, kg/hr.
y = Individual hazardous waste stream "y" that has an average
				VO concentration equal to or greater than 500 ppmw at the point of waste
				origination as determined in accordance with the requirements of §
				265.1084(a) of this subsection.
n = Total number of "y" hazardous waste streams treated by
				process.
Vy = Average volumetric flow rate of hazardous waste stream "y"
				at the point of waste origination, m3/hr.
ky = Density of hazardous waste stream "y," kg/m3
y = Average VO concentration of hazardous waste stream "y" at
				the point of waste origination as determined in accordance with the
				requirements of § 265.1084(a) of this subsection, ppmw.
(8) Procedure to determine the
			 actual organic mass removal rate (MR) for a treated hazardous waste.
(i) The MR shall be determined based on
			 results for a minimum of three consecutive runs. The sampling time for each run
			 shall be 1 hour.
(ii) The waste
			 volatile organic mass flow entering the process (Eb )
			 and the waste volatile organic mass flow exiting the process
			 (Ea ) shall be determined in accordance a with the
			 requirements of paragraph (b)(5)(iv) of this section.
(iii) The MR shall be calculated by using the
			 mass flow rate determined in accordance with the requirements of paragraph
			 (b)(8)(ii) of this section and the following equation:
Click here to view
				image
where:
MR = Actual organic mass removal rate, kg/hr.
E = Waste volatile organic mass flow entering process as
				determined in accordance with the b requirements of paragraph (b)(5)(iv) of
				this section, kg/hr.
E = Waste volatile organic mass flow exiting process as
				determined in accordance with the a requirements of paragraph (b)(5)(iv) of
				this section, kg/hr.
(9) Procedure to determine the actual organic
			 mass biodegradation rate (MRbio ) for a treated
			 hazardous waste.
(i) The MR shall be
			 determined based on results for a minimum of three bio consecutive runs. The
			 sampling time for each run shall be 1 hour.
(ii) The waste organic mass flow entering the
			 process (Eb ) shall be determined in accordance with the
			 requirements of paragraph (b)(5)(iv) of this section.
(iii) The fraction of organic biodegraded
			 (Fbio ) shall be determined using the procedure
			 specified in 40 CFR part 63, appendix C.
(iv) The MR shall be calculated by using the
			 mass flow rates and fraction of bio organic biodegraded determined in
			 accordance with the requirements of paragraphs (b)(9)(ii) and (b)(9)(iii) of
			 this section, respectively, and the following equation:
Click here to view
				image
Where:
MRbio =Actual organic mass
				biodegradation rate, kg/hr.
Eb =Waste organic mass flow entering
				process as determined in accordance with the requirements of paragraph
				(b)(5)(iv) of this section, kg/hr.
Fbio =Fraction of organic biodegraded as
				determined in accordance with the requirements of paragraph (b)(9)(iii) of this
				section.
(c) Procedure to determine the maximum
			 organic vapor pressure of a hazardous waste in a tank.
(1) An owner or operator shall determine the
			 maximum organic vapor pressure for each hazardous waste placed in a tank using
			 Tank Level 1 controls in accordance with the standards specified in §
			 265.1085(c) of this subsection.
(2)
			 An owner or operator shall use either direct measurement as specified in
			 paragraph (c)(3) of this section or knowledge of the waste as specified by
			 paragraph (c)(4) of this section to determine the maximum organic vapor
			 pressure which is representative of the hazardous waste composition stored or
			 treated in the tank.
(3) Direct
			 measurement to determine the maximum organic vapor pressure of a hazardous
			 waste.
(i) Sampling. A sufficient number of
			 samples shall be collected to be representative of the waste contained in the
			 tank. All samples shall be collected and handled in accordance with written
			 procedures prepared by the owner or operator and documented in a site sampling
			 plan. This plan shall describe the procedure by which representative samples of
			 the hazardous waste are collected such that a minimum loss of organics occurs
			 throughout the sample collection and handling process and by which sample
			 integrity is maintained. A copy of the written sampling plan shall be
			 maintained on-site in the facility operating records. An example of acceptable
			 sample collection and handling procedures may be found in Method 25D in 40 CFR
			 part 60, appendix A.
(ii) Analysis.
			 Any appropriate one of the following methods may be used to analyze the samples
			 and compute the maximum organic vapor pressure of the hazardous waste:
(A) Method 25E in 40 CFR part 60 appendix
			 A;
(B) Methods described in
			 American Petroleum Institute Publication 2517, Third Edition, February 1989,
			 "Evaporative Loss from External Floating-Roof Tanks," (incorporated by
			 reference - refer to § 260.11 of this rule);
(C) Methods obtained from standard reference
			 texts;
(D) ASTM Method 2879-92
			 (incorporated by reference - refer to § 260.11 of this rule); or
(E) Any other method approved by the
			 Director.
(4)
			 Use of knowledge to determine the maximum organic vapor pressure of the
			 hazardous waste. Documentation shall be prepared and recorded that presents the
			 information used as the basis for the owner's or operator's knowledge that the
			 maximum organic vapor pressure of the hazardous waste is less than the maximum
			 vapor pressure limit listed in § 265.1085(b)(1)(i) of this subsection for
			 the applicable tank design capacity category. An example of information that
			 may be used is documentation that the hazardous waste is generated by a process
			 for which at other locations it previously has been determined by direct
			 measurement that the waste maximum organic vapor pressure is less than the
			 maximum vapor pressure limit for the appropriate tank design capacity category.
(d) Procedure for
			 determining no detectable organic emissions for the purpose of complying with
			 this subsection:
(1) The test shall be
			 conducted in accordance with the procedures specified in Method 21 of 40 CFR
			 part 60, appendix A. Each potential leak interface (i.e., a location where
			 organic vapor leakage could occur) on the cover and associated closure devices
			 shall be checked. Potential leak interfaces that are associated with covers and
			 closure devices include, but are not limited to: The interface of the cover and
			 its foundation mounting; the periphery of any opening on the cover and its
			 associated closure device; and the sealing seat interface on a spring-loaded
			 pressure relief valve.
(2) The test
			 shall be performed when the unit contains a hazardous waste having an organic
			 concentration representative of the range of concentrations for the hazardous
			 waste expected to be managed in the unit. During the test, the cover and
			 closure devices shall be secured in the closed position.
(3) The detection instrument shall meet the
			 performance criteria of Method 21 of 40 CFR part 60, appendix A, except the
			 instrument response factor criteria in section 3.1.2(a) of Method 21 shall be
			 for the average composition of the organic constituents in the hazardous waste
			 placed in the waste management unit, not for each individual organic
			 constituent.
(4) The detection
			 instrument shall be calibrated before use on each day of its use by the
			 procedures specified in Method 21 of 40 CFR part 60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon
			 in air), and
(ii) A mixture of
			 methane or n-hexane and air at a concentration of approximately, but less than,
			 10,000 ppmv methane or n-hexane.
(6) The background level shall be determined
			 according to the procedures in Method 21 of 40 CFR part 60, appendix
			 A.
(7) Each potential leak
			 interface shall be checked by traversing the instrument probe around the
			 potential leak interface as close to the interface as possible, as described in
			 Method 21 of 40 CFR part 60, appendix A. In the case when the configuration of
			 the cover or closure device prevents a complete traverse of the interface, all
			 accessible portions of the interface shall be sampled. In the case when the
			 configuration of the closure device prevents any sampling at the interface and
			 the device is equipped with an enclosed extension or horn (e.g., some pressure
			 relief devices), the instrument probe inlet shall be placed at approximately
			 the center of the exhaust area to the atmosphere.
(8) The arithmetic difference between the
			 maximum organic concentration indicated by the instrument and the background
			 level shall be compared with the value of 500 ppmv except when monitoring a
			 seal around a rotating shaft that passes through a cover opening, in which case
			 the comparison shall be as specified in paragraph (d)(9) of this section. If
			 the difference is less than 500 ppmv, then the potential leak interface is
			 determined to operate with no detectable organic emissions.
(9) For the seals around a rotating shaft
			 that passes through a cover opening, the arithmetic difference between the
			 maximum organic concentration indicated by the instrument and the background
			 level shall be compared with the value of 10,000 ppmw. If the difference is
			 less than 10,000 ppmw, then the potential leak interface is determined to
			 operate with no detectable organic emissions.
§ 265.1085
Standards: Tanks
(a) The provisions of this section apply to
			 the control of air pollutant emissions from tanks for which § 265.1083(b)
			 of this subsection references the use of this section for such air emission
			 control.
(b) The owner or operator
			 shall control air pollutant emissions from each tank subject to this section in
			 accordance with the following requirements, as applicable:
(1) For a tank that manages hazardous waste
			 that meets all of the conditions specified in paragraphs (b)(1)(i) through
			 (b)(1)(iii) of this section, the owner or operator shall control air pollutant
			 emissions from the tank in accordance with the Tank Level 1 controls specified
			 in paragraph (c) of this section or the Tank Level 2 controls specified in
			 paragraph (d) of this section.
(i) The
			 hazardous waste in the tank has a maximum organic vapor pressure which is less
			 than the maximum organic vapor pressure limit for the tank's design capacity
			 category as follows:
(A) For a tank design
			 capacity equal to or greater than 151 m3, the
			 maximum organic vapor pressure limit for the tank is 5.2 kPa.
(B) For a tank design capacity equal to or
			 greater than 75 m3 but less than 151
			 m3, the maximum organic vapor pressure limit for the
			 tank is 27.6 kPa.
(C) For a tank
			 design capacity less than 75 m3, the maximum organic
			 vapor pressure limit for the tank is 76.6 kPa.
(ii) The hazardous waste in the tank is not
			 heated by the owner or operator to a temperature that is greater than the
			 temperature at which the maximum organic vapor pressure of the hazardous waste
			 is determined for the purpose of complying with paragraph (b)(1)(i) of this
			 section.
(iii) The hazardous waste
			 in the tank is not treated by the owner or operator using a waste stabilization
			 process, as defined in § 265.1081 of this subsection.
(2) For a tank that manages hazardous waste
			 that does not meet all of the conditions specified in paragraphs (b)(1)(i)
			 through (b)(1)(iii) of this section, the owner or operator shall control air
			 pollutant emissions from the tank by using Tank Level 2 controls in accordance
			 with the requirements of paragraph (d) of this section. Examples of tanks
			 required to use Tank Level 2 controls include: A tank used for a waste
			 stabilization process; and a tank for which the hazardous waste in the tank has
			 a maximum organic vapor pressure that is equal to or greater than the maximum
			 organic vapor pressure limit for the tank's design capacity category as
			 specified in paragraph (b)(1)(i) of this section.
(c) Owners and operators controlling air
			 pollutant emissions from a tank using Tank Level 1 controls shall meet the
			 requirements specified in paragraphs (c)(1) through (c)(4) of this section:
(1) The owner or operator shall determine the
			 maximum organic vapor pressure for a hazardous waste to be managed in the tank
			 using Tank Level 1 controls before the first time the hazardous waste is placed
			 in the tank. The maximum organic vapor pressure shall be determined using the
			 procedures specified in § 265.1084(c) of this subsection. Thereafter, the
			 owner or operator shall perform a new determination whenever changes to the
			 hazardous waste managed in the tank could potentially cause the maximum organic
			 vapor pressure to increase to a level that is equal to or greater than the
			 maximum organic vapor pressure limit for the tank design capacity category
			 specified in paragraph (b)(1)(i) of this section, as applicable to the
			 tank.
(2) The tank shall be
			 equipped with a fixed roof designed to meet the following specifications:
(i) The fixed roof and its closure devices
			 shall be designed to form a continuous barrier over the entire surface area of
			 the hazardous waste in the tank. The fixed roof may be a separate cover
			 installed on the tank (e.g., a removable cover mounted on an open-top tank) or
			 may be an integral section of the tank structural design (e.g., a horizontal
			 cylindrical tank equipped with a hatch).
(ii) The fixed roof shall be installed in a
			 manner such that there are no visible cracks, holes, gaps, or other open spaces
			 between roof section joints or between the interface of the roof edge and the
			 tank wall.
(iii) Each opening in
			 the fixed roof, and any manifold system associated with the fixed roof, shall
			 be either:
(A) Equipped with a closure device
			 designed to operate such that when the closure device is secured in the closed
			 position there are no visible cracks, holes, gaps, or other open spaces in the
			 closure device or between the perimeter of the opening and the closure device;
			 or
(B) Connected by a closed-vent
			 system that is vented to a control device. The control device shall remove or
			 destroy organics in the vent stream, and shall be operating whenever hazardous
			 waste is managed in the tank, except as provided for in paragraphs
			 (c)(2)(iii)(B)(1) and (2) of this section.
(1)
			 During periods it is necessary to provide access to the tank for performing the
			 activities of paragraph (c)(2)(iii)(B)(2) of this section, venting of the vapor
			 headspace underneath the fixed roof to the control device is not required,
			 opening of closure devices is allowed, and removal of the fixed roof is
			 allowed. Following completion of the activity, the owner or operator shall
			 promptly secure the closure device in the closed position or reinstall the
			 cover, as applicable, and resume operation of the control device.
(2) During periods of routine inspection,
			 maintenance, or other activities needed for normal operations, and for the
			 removal of accumulated sludge or other residues from the bottom of the
			 tank.
(iv)
			 The fixed roof and its closure devices shall be made of suitable materials that
			 will minimize exposure of the hazardous waste to the atmosphere, to the extent
			 practical, and will maintain the integrity of the fixed roof and closure
			 devices throughout their intended service life. Factors to be considered when
			 selecting the materials for and designing the fixed roof and closure devices
			 shall include: Organic vapor permeability, the effects of any contact with the
			 hazardous waste or its vapors managed in the tank; the effects of outdoor
			 exposure to wind, moisture, and sunlight; and the operating practices used for
			 the tank on which the fixed roof is installed.
(3) Whenever a hazardous waste is in the
			 tank, the fixed roof shall be installed with each closure device secured in the
			 closed position except as follows:
(i)
			 Opening of closure devices or removal of the fixed roof is allowed at the
			 following times:
(A) To provide access to the
			 tank for performing routine inspection, maintenance, or other activities needed
			 for normal operations. Examples of such activities include those times when a
			 worker needs to open a port to sample the liquid in the tank, or when a worker
			 needs to open a hatch to maintain or repair equipment. Following completion of
			 the activity, the owner or operator shall promptly secure the closure device in
			 the closed position or reinstall the cover, as applicable, to the
			 tank.
(B) To remove accumulated
			 sludge or other residues from the bottom of tank.
(ii)  Opening of a spring-loaded
			 pressure-vacuum relief valve, conservation vent, or similar type of pressure
			 relief device which vents to the atmosphere is allowed during normal operations
			 for the purpose of maintaining the tank internal pressure in accordance with
			 the tank design specifications. The device shall be designed to operate with no
			 detectable organic emissions when the device is secured in the closed position.
			 The settings at which the device opens shall be established such that the
			 device remains in the closed position whenever the tank internal pressure is
			 within the internal pressure operating range determined by the owner or
			 operator based on the tank manufacturer recommendations, applicable
			 regulations, fire protection and prevention codes, standard engineering codes
			 and practices, or other requirements for the safe handling of flammable,
			 ignitable, explosive, reactive, or hazardous materials. Examples of normal
			 operating conditions that may require these devices to open are during those
			 times when the tank internal pressure exceeds the internal pressure operating
			 range for the tank as a result of loading operations or diurnal ambient
			 temperature fluctuations.
(iii)
			 Opening of a safety device, as defined in § 265.1081 of this subsection,
			 is allowed at any time conditions require doing so to avoid an unsafe
			 condition.
(4) The owner
			 or operator shall inspect the air emission control equipment in accordance with
			 the following requirements.
(i) The fixed
			 roof and its closure devices shall be visually inspected by the owner or
			 operator to check for defects that could result in air pollutant emissions.
			 Defects include, but are not limited to, visible cracks, holes, or gaps in the
			 roof sections or between the roof and the tank wall; broken, cracked, or
			 otherwise damaged seals or gaskets on closure devices; and broken or missing
			 hatches, access covers, caps, or other closure devices.
(ii) The owner or operator shall perform an
			 initial inspection of the fixed roof and its closure devices on or before the
			 date that the tank becomes subject to this section. Thereafter, the owner or
			 operator shall perform the inspections at least once every year except under
			 the special conditions provided for in paragraph (l) of this section.
(iii) In the event that a defect is detected,
			 the owner or operator shall repair the defect in accordance with the
			 requirements of paragraph (k) of this section.
(iv) The owner or operator shall maintain a
			 record of the inspection in accordance with the requirements specified in
			 § 265.1090(b) of this subsection.
(d) Owners and operators controlling air
			 pollutant emissions from a tank using Tank Level 2 controls shall use one of
			 the following tanks:
(1) A fixed-roof tank
			 equipped with an internal floating roof in accordance with the requirements
			 specified in paragraph (e) of this section;
(2) A tank equipped with an external floating
			 roof in accordance with the requirements specified in paragraph (f) of this
			 section;
(3) A tank vented through
			 a closed-vent system to a control device in accordance with the requirements
			 specified in paragraph (g) of this section;
(4) A pressure tank designed and operated in
			 accordance with the requirements specified in paragraph (h) of this section;
			 or
(5) A tank located inside an
			 enclosure that is vented through a closed-vent system to an enclosed combustion
			 control device in accordance with the requirements specified in paragraph (i)
			 of this section.
(e) The
			 owner or operator who controls air pollutant emissions from a tank using a
			 fixed-roof with an internal floating roof shall meet the requirements specified
			 in paragraphs (e)(1) through (e)(3) of this section.
(1) The tank shall be equipped with a fixed
			 roof and an internal floating roof in accordance with the following
			 requirements:
(i) The internal floating roof
			 shall be designed to float on the liquid surface except when the floating roof
			 must be supported by the leg supports.
(ii) The internal floating roof shall be
			 equipped with a continuous seal between the wall of the tank and the floating
			 roof edge that meets either of the following requirements:
(A) A single continuous seal that is either a
			 liquid-mounted seal or a metallic shoe seal, as defined in § 265.1081 of
			 this subsection; or
(B) Two
			 continuous seals mounted one above the other. The lower seal may be a
			 vapor-mounted seal.
(iii) The internal floating roof shall meet
			 the following specifications:
(A) Each
			 opening in a noncontact internal floating roof except for automatic bleeder
			 vents (vacuum breaker vents) and the rim space vents is to provide a projection
			 below the liquid surface.
(B) Each
			 opening in the internal floating roof shall be equipped with a gasketed cover
			 or a gasketed lid except for leg sleeves, automatic bleeder vents, rim space
			 vents, column wells, ladder wells, sample wells, and stub drains.
(C) Each penetration of the internal floating
			 roof for the purpose of sampling shall have a slit fabric cover that covers at
			 least 90 percent of the opening.
(D) Each automatic bleeder vent and rim space
			 vent shall be gasketed.
(E) Each
			 penetration of the internal floating roof that allows for passage of a ladder
			 shall have a gasketed sliding cover.
(F) Each penetration of the internal floating
			 roof that allows for passage of a column supporting the fixed roof shall have a
			 flexible fabric sleeve seal or a gasketed sliding cover.
(2) The owner or operator shall
			 operate the tank in accordance with the following requirements:
(i) When the floating roof is resting on the
			 leg supports, the process of filling, emptying, or refilling shall be
			 continuous and shall be completed as soon as practical.
(ii) Automatic bleeder vents are to be set
			 closed at all times when the roof is floating, except when the roof is being
			 floated off or is being landed on the leg supports.
(iii) Prior to filling the tank, each cover,
			 access hatch, gauge float well or lid on any opening in the internal floating
			 roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space
			 vents are to be set to open only when the internal floating roof is not
			 floating or when the pressure beneath the rim exceeds the manufacturer's
			 recommended setting.
(3)
			 The owner or operator shall inspect the internal floating roof in accordance
			 with the procedures specified as follows:
(i)
			 The floating roof and its closure devices shall be visually inspected by the
			 owner or operator to check for defects that could result in air pollutant
			 emissions. Defects include, but are not limited to: The internal floating roof
			 is not floating on the surface of the liquid inside the tank; liquid has
			 accumulated on top of the internal floating roof; any portion of the roof seals
			 have detached from the roof rim; holes, tears, or other openings are visible in
			 the seal fabric; the gaskets no longer close off the hazardous waste surface
			 from the atmosphere; or the slotted membrane has more than 10 percent open
			 area.
(ii) The owner or operator
			 shall inspect the internal floating roof components as follows except as
			 provided in paragraph (e)(3)(iii) of this section:
(A) Visually inspect the internal floating
			 roof components through openings on the fixed-roof (e.g., manholes and roof
			 hatches) at least once every 12 months after initial fill, and
(B) Visually inspect the internal floating
			 roof, primary seal, secondary seal (if one is in service), gaskets, slotted
			 membranes, and sleeve seals (if any) each time the tank is emptied and degassed
			 and at least every 10 years.
(iii) As an alternative to performing the
			 inspections specified in paragraph (e)(3)(ii) of this section for an internal
			 floating roof equipped with two continuous seals mounted one above the other,
			 the owner or operator may visually inspect the internal floating roof, primary
			 and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each
			 time the tank is emptied and degassed and at least every 5 years.
(iv) Prior to each inspection required by
			 paragraph (e)(3)(ii) or (e)(3)(iii) of this section, the owner or operator
			 shall notify the Director in advance of each inspection to provide the Director
			 with the opportunity to have an observer present during the inspection. The
			 owner or operator shall notify the Director of the date and location of the
			 inspection as follows:
(A) Prior to each
			 visual inspection of an internal floating roof in a tank that has been emptied
			 and degassed, written notification shall be prepared and sent by the owner or
			 operator so that it is received by the Director at least 30 calendar days
			 before refilling the tank except when an inspection is not planned as provided
			 for in paragraph (e)(3)(iv)(B) of this section.
(B) When a visual inspection is not planned
			 and the owner or operator could not have known about the inspection 30 calendar
			 days before refilling the tank, the owner or operator shall notify the Director
			 as soon as possible, but no later than 7 calendar days before refilling of the
			 tank. This notification may be made by telephone and immediately followed by a
			 written explanation for why the inspection is unplanned. Alternatively, written
			 notification, including the explanation for the unplanned inspection, may be
			 sent so that it is received by the Director at least 7 calendar days before
			 refilling the tank.
(v)
			 In the event that a defect is detected, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (k) of this
			 section.
(vi) The owner or operator
			 shall maintain a record of the inspection in accordance with the requirements
			 specified in '265.1090(b) of this subsection.
(4) Safety devices, as defined in §
			 265.1081 of this subsection, may be installed and operated as necessary on any
			 tank complying with the requirements of paragraph (e) of this section.
(f) The owner or
			 operator who controls air pollutant emissions from a tank using an external
			 floating roof shall meet the requirements specified in paragraphs (f)(1)
			 through (f)(3) of this section.
(1) The owner
			 or operator shall design the external floating roof in accordance with the
			 following requirements:
(i) The external
			 floating roof shall be designed to float on the liquid surface except when the
			 floating roof must be supported by the leg supports.
(ii) The floating roof shall be equipped with
			 two continuous seals, one above the other, between the wall of the tank and the
			 roof edge. The lower seal is referred to as the primary seal, and the upper
			 seal is referred to as the secondary seal.
(A) The primary seal shall be a
			 liquid-mounted seal or a metallic shoe seal, as defined in § 265.1081 of
			 this subsection. The total area of the gaps between the tank wall and the
			 primary seal shall not exceed 212 square centimeters
			 (cm2 ) per meter of tank diameter, and the width of
			 any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic
			 shoe seal is used for the primary seal, the metallic shoe seal shall be
			 designed so that one end extends into the liquid in the tank and the other end
			 extends a vertical distance of at least 61 centimeters above the liquid
			 surface.
(B) The secondary seal
			 shall be mounted above the primary seal and cover the annular space between the
			 floating roof and the wall of the tank. The total area of the gaps between the
			 tank wall and the secondary seal shall not exceed 21.2 square centimeters
			 (cm2) per meter of tank diameter, and the width of
			 any portion of these gaps shall not exceed 1.3 centimeters (cm).
(iii) The external floating roof
			 shall meet the following specifications:
(A)
			 Except for automatic bleeder vents (vacuum breaker vents) and rim space vents,
			 each opening in a noncontact external floating roof shall provide a projection
			 below the liquid surface.
(B)
			 Except for automatic bleeder vents, rim space vents, roof drains, and leg
			 sleeves, each opening in the roof shall be equipped with a gasketed cover,
			 seal, or lid.
(C) Each access hatch
			 and each gauge float well shall be equipped with a cover designed to be bolted
			 or fastened when the cover is secured in the closed position.
(D) Each automatic bleeder vent and each rim
			 space vent shall be equipped with a gasket.
(E) Each roof drain that empties into the
			 liquid managed in the tank shall be equipped with a slotted membrane fabric
			 cover that covers at least 90 percent of the area of the opening.
(F) Each unslotted and slotted guide pole
			 well shall be equipped with a gasketed sliding cover or a flexible fabric
			 sleeve seal.
(G) Each unslotted
			 guide pole shall be equipped with a gasketed cap on the end of the
			 pole.
(H) Each slotted guide pole
			 shall be equipped with a gasketed float or other device which closes off the
			 liquid surface from the atmosphere.
(I) Each gauge hatch and each sample well
			 shall be equipped with a gasketed cover.
(2) The owner or operator shall operate the
			 tank in accordance with the following requirements:
(i) When the floating roof is resting on the
			 leg supports, the process of filling, emptying, or refilling shall be
			 continuous and shall be completed as soon as practical.
(ii) Except for automatic bleeder vents, rim
			 space vents, roof drains, and leg sleeves, each opening in the roof shall be
			 secured and maintained in a closed position at all times except when the
			 closure device must be open for access.
(iii) Covers on each access hatch and each
			 gauge float well shall be bolted or fastened when secured in the closed
			 position.
(iv) Automatic bleeder
			 vents shall be set closed at all times when the roof is floating, except when
			 the roof is being floated off or is being landed on the leg supports.
(v) Rim space vents shall be set to open only
			 at those times that the roof is being floated off the roof leg supports or when
			 the pressure beneath the rim seal exceeds the manufacturer's recommended
			 setting.
(vi) The cap on the end of
			 each unslotted guide pole shall be secured in the closed position at all times
			 except when measuring the level or collecting samples of the liquid in the
			 tank.
(vii) The cover on each gauge
			 hatch or sample well shall be secured in the closed position at all times
			 except when the hatch or well must be opened for access.
(viii) Both the primary seal and the
			 secondary seal shall completely cover the annular space between the external
			 floating roof and the wall of the tank in a continuous fashion except during
			 inspections.
(3)  The
			 owner or operator shall inspect the external floating roof in accordance with
			 the procedures specified as follows:
(i) The
			 owner or operator shall measure the external floating roof seal gaps in
			 accordance with the following requirements:
(A) The owner or operator shall perform
			 measurements of gaps between the tank wall and the primary seal within 60
			 calendar days after initial operation of the tank following installation of the
			 floating roof and, thereafter, at least once every 5 years.
(B) The owner or operator shall perform
			 measurements of gaps between the tank wall and the secondary seal within 60
			 calendar days after initial operation of the tank following installation of the
			 floating roof and, thereafter, at least once every year.
(C) If a tank ceases to hold hazardous waste
			 for a period of 1 year or more, subsequent introduction of hazardous waste into
			 the tank shall be considered an initial operation for the purposes of
			 paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of this section.
(D) The owner or operator shall determine the
			 total surface area of gaps in the primary seal and in the secondary seal
			 individually using the following procedure:
(1) The seal gap measurements shall be
			 performed at one or more floating roof levels when the roof is floating off the
			 roof supports.
(2) Seal gaps, if
			 any, shall be measured around the entire perimeter of the floating roof in each
			 place where a 0.32-centimeter (cm) diameter uniform probe passes freely
			 (without forcing or binding against the seal) between the seal and the wall of
			 the tank and measure the circumferential distance of each such
			 location.
(3) For a seal gap
			 measured under paragraph (f)(3) of this section, the gap surface area shall be
			 determined by using probes of various widths to measure accurately the actual
			 distance from the tank wall to the seal and multiplying each such width by its
			 respective circumferential distance.
(4) The total gap area shall be calculated by
			 adding the gap surface areas determined for each identified gap location for
			 the primary seal and the secondary seal individually, and then dividing the sum
			 for each seal type by the nominal diameter of the tank. These total gap areas
			 for the primary seal and secondary seal are then are compared to the respective
			 standards for the seal type as specified in paragraph (f)(1)(ii) of this
			 section.
(E) In the
			 event that the seal gap measurements do not conform to the specifications in
			 paragraph (f)(1)(ii) of this section, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (k) of this
			 section.
(F) The owner or operator
			 shall maintain a record of the inspection in accordance with the requirements
			 specified in § 265.1090(b) of this subsection.
(ii) The owner or operator shall visually
			 inspect the external floating roof in accordance with the following
			 requirements:
(A) The floating roof and its
			 closure devices shall be visually inspected by the owner or operator to check
			 for defects that could result in air pollutant emissions. Defects include, but
			 are not limited to: Holes, tears, or other openings in the rim seal or seal
			 fabric of the floating roof; a rim seal detached from the floating roof; all or
			 a portion of the floating roof deck being submerged below the surface of the
			 liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on
			 closure devices; and broken or missing hatches, access covers, caps, or other
			 closure devices.
(B) The owner or
			 operator shall perform an initial inspection of the external floating roof and
			 its closure devices on or before the date that the tank becomes subject to this
			 section. Thereafter, the owner or operator shall perform the inspections at
			 least once every year except for the special conditions provided for in
			 paragraph (l) of this section.
(C)
			 In the event that a defect is detected, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (k) of this
			 section.
(D) The owner or operator
			 shall maintain a record of the inspection in accordance with the requirements
			 specified in § 265.1090(b) of this subsection.
(iii) Prior to each inspection required by
			 paragraph (f)(3)(i) or (f)(3)(ii) of this section, the owner or operator shall
			 notify the Director in advance of each inspection to provide the Director with
			 the opportunity to have an observer present during the inspection. The owner or
			 operator shall notify the Director of the date and location of the inspection
			 as follows:
(A) Prior to each inspection to
			 measure external floating roof seal gaps as required under paragraph (f)(3)(i)
			 of this section, written notification shall be prepared and sent by the owner
			 or operator so that it is received by the Director at least 30 calendar days
			 before the date the measurements are scheduled to be performed.
(B) Prior to each visual inspection of an
			 external floating roof in a tank that has been emptied and degassed, written
			 notification shall be prepared and sent by the owner or operator so that it is
			 received by the Director at least 30 calendar days before refilling the tank
			 except when an inspection is not planned as provided for in paragraph
			 (f)(3)(iii)(C) of this section.
(C)
			 When a visual inspection is not planned and the owner or operator could not
			 have known about the inspection 30 calendar days before refilling the tank, the
			 owner or operator shall notify the Director as soon as possible, but no later
			 than 7 calendar days before refilling of the tank. This notification may be
			 made by telephone and immediately followed by a written explanation for why the
			 inspection is unplanned. Alternatively, written notification, including the
			 explanation for the unplanned inspection, may be sent so that it is received by
			 the Director at least 7 calendar days before refilling the tank.
(4) Safety devices, as
			 defined in § 265.1081 of this subsection, may be installed and operated as
			 necessary on any tank complying with the requirements of paragraph (f) of this
			 section. (g) The owner or operator who controls air pollutant emissions from a
			 tank by venting the tank to a control device shall meet the requirements
			 specified in paragraphs (g)(1) through (g)(3) of this section.
(1) The tank shall be covered by a fixed roof
			 and vented directly through a closed-vent system to a control device in
			 accordance with the following requirements:
(i) The fixed roof and its closure devices
			 shall be designed to form a continuous barrier over the entire surface area of
			 the liquid in the tank.
(ii) Each
			 opening in the fixed roof not vented to the control device shall be equipped
			 with a closure device. If the pressure in the vapor headspace underneath the
			 fixed roof is less than atmospheric pressure when the control device is
			 operating, the closure devices shall be designed to operate such that when the
			 closure device is secured in the closed position there are no visible cracks,
			 holes, gaps, or other open spaces in the closure device or between the
			 perimeter of the cover opening and the closure device. If the pressure in the
			 vapor headspace underneath the fixed roof is equal to or greater than
			 atmospheric pressure when the control device is operating, the closure device
			 shall be designed to operate with no detectable organic emissions.
(iii) The fixed roof and its closure devices
			 shall be made of suitable materials that will minimize exposure of the
			 hazardous waste to the atmosphere, to the extent practical, and will maintain
			 the integrity of the fixed roof and closure devices throughout their intended
			 service life. Factors to be considered when selecting the materials for and
			 designing the fixed roof and closure devices shall include: Organic vapor
			 permeability, the effects of any contact with the liquid and its vapor managed
			 in the tank; the effects of outdoor exposure to wind, moisture, and sunlight;
			 and the operating practices used for the tank on which the fixed roof is
			 installed.
(iv) The closed-vent
			 system and control device shall be designed and operated in accordance with the
			 requirements of § 265.1088 of this subsection.
(2) Whenever a hazardous waste is in the
			 tank, the fixed roof shall be installed with each closure device secured in the
			 closed position and the vapor headspace underneath the fixed roof vented to the
			 control device except as follows:
(i) Venting
			 to the control device is not required, and opening of closure devices or
			 removal of the fixed roof is allowed at the following times:
(A) To provide access to the tank for
			 performing routine inspection, maintenance, or other activities needed for
			 normal operations. Examples of such activities include those times when a
			 worker needs to open a port to sample liquid in the tank, or when a worker
			 needs to open a hatch to maintain or repair equipment. Following completion of
			 the activity, the owner or operator shall promptly secure the closure device in
			 the closed position or reinstall the cover, as applicable, to the
			 tank.
(B) To remove accumulated
			 sludge or other residues from the bottom of a tank.
(ii) Opening of a safety device, as defined
			 in § 265.1081 of this subsection, is allowed at any time conditions
			 require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and
			 monitor the air emission control equipment in accordance with the following
			 procedures:
(i) The fixed roof and its closure
			 devices shall be visually inspected by the owner or operator to check for
			 defects that could result in air pollutant emissions. Defects include, but are
			 not limited to, visible cracks, holes, or gaps in the roof sections or between
			 the roof and the tank wall; broken, cracked, or otherwise damaged seals or
			 gaskets on closure devices; and broken or missing hatches, access covers, caps,
			 or other closure devices.
(ii) The
			 closed-vent system and control device shall be inspected and monitored by the
			 owner or operator in accordance with the procedures specified in §
			 265.1088 of this subsection.
(iii)
			 The owner or operator shall perform an initial inspection of the air emission
			 control equipment on or before the date that the tank becomes subject to this
			 section. Thereafter, the owner or operator shall perform the inspections at
			 least once every year except for the special conditions provided for in
			 paragraph (l) of this section.
(iv)
			 In the event that a defect is detected, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (k) of this
			 section.
(v) The owner or operator
			 shall maintain a record of the inspection in accordance with the requirements
			 specified in § 265.1090(b) of this subsection.
(h) The owner or
			 operator who controls air pollutant emissions by using a pressure tank shall
			 meet the following requirements.
(1) The tank
			 shall be designed not to vent to the atmosphere as a result of compression of
			 the vapor headspace in the tank during filling of the tank to its design
			 capacity.
(2) All tank openings
			 shall be equipped with closure devices designed to operate with no detectable
			 organic emissions as determined using the procedure specified in §
			 265.1084(d) of this subsection.
(3)
			 Whenever a hazardous waste is in the tank, the tank shall be operated as a
			 closed system that does not vent to the atmosphere except under either of the
			 following conditions as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this
			 section.
(i) At those times when opening of a
			 safety device, as defined in § 265.1081 of this subsection, is required to
			 avoid an unsafe condition.
(ii) At
			 those times when purging of inerts from the tank is required and the purge
			 stream is routed to a closed-vent system and control device designed and
			 operated in accordance with the requirements of § 265.1088 of this
			 subsection.
(i) The owner or operator who controls air
			 pollutant emissions by using an enclosure vented through a closed-vent system
			 to an enclosed combustion control device shall meet the requirements specified
			 in paragraphs (i)(1) through (i)(4) of this section.
(1) The tank shall be located inside an
			 enclosure. The enclosure shall be designed and operated in accordance with the
			 criteria for a permanent total enclosure as specified in "Procedure T -
			 Criteria for and Verification of a Permanent or Temporary Total Enclosure"
			 under
			 40
			 CFR 52.741, Appendix B. The enclosure may
			 have permanent or temporary openings to allow worker access; passage of
			 material into or out of the enclosure by conveyor, vehicles, or other
			 mechanical means; entry of permanent mechanical or electrical equipment; or
			 direct airflow into the enclosure. The owner or operator shall perform the
			 verification procedure for the enclosure as specified in Section 5.0 to
			 "Procedure T - Criteria for and Verification of a Permanent or Temporary Total
			 Enclosure" initially when the enclosure is first installed and, thereafter,
			 annually.
(2) The enclosure shall
			 be vented through a closed-vent system to an enclosed combustion control device
			 that is designed and operated in accordance with the standards for either a
			 vapor incinerator, boiler, or process heater specified in § 265.1088 of
			 this subsection.
(3) Safety
			 devices, as defined in § 265.1081 of this subsection, may be installed and
			 operated as necessary on any enclosure, closed-vent system, or control device
			 used to comply with the requirements of paragraphs (i)(1) and (i)(2) of this
			 section.
(4) The owner or operator
			 shall inspect and monitor the closed-vent system and control device as
			 specified in § 265.1088 of this subsection.
(j) The owner or operator shall transfer
			 hazardous waste to a tank subject to this section in accordance with the
			 following requirements:
(1) Transfer of
			 hazardous waste, except as provided in paragraph (j)(2) of this section, to the
			 tank from another tank subject to this section or from a surface impoundment
			 subject to § 265.1086 of this subsection shall be conducted using
			 continuous hard-piping or another closed system that does not allow exposure of
			 the hazardous waste to the atmosphere. For the purpose of complying with this
			 provision, an individual drain system is considered to be a closed system when
			 it meets the requirements of 40 CFR part 63, subpart RR - National Emission
			 Standards for Individual Drain Systems.
(2) The requirements of paragraph (j)(1) do
			 not apply when transferring a hazardous waste to the tank under any of the
			 following conditions:
(i) The hazardous waste
			 meets the average VO concentration conditions specified in §
			 265.1083(c)(1) of this subsection at the point of waste origination.
(ii) The hazardous waste has been treated by
			 an organic destruction or removal process to meet the requirements in §
			 265.1083(c)(2) of this subsection.
(iii) The hazardous waste meets the
			 requirements of § 265.1083(c)(4) of this subsection.
(k)  The owner or operator shall
			 repair each defect detected during an inspection performed in accordance with
			 the requirements of paragraphs (c)(4), (e)(3), (f)(3), or (g)(3) of this
			 section as follows:
(1) The owner or operator
			 shall make first efforts at repair of the defect no later than 5 calendar days
			 after detection, and repair shall be completed as soon as possible but no later
			 than 45 calendar days after detection except as provided in paragraph (k)(2) of
			 this section.
(2) Repair of a
			 defect may be delayed beyond 45 calendar days if the owner or operator
			 determines that repair of the defect requires emptying or temporary removal
			 from service of the tank and no alternative tank capacity is available at the
			 site to accept the hazardous waste normally managed in the tank. In this case,
			 the owner or operator shall repair the defect the next time the process or unit
			 that is generating the hazardous waste managed in the tank stops operation.
			 Repair of the defect shall be completed before the process or unit resumes
			 operation.
(l) Following
			 the initial inspection and monitoring of the cover as required by the
			 applicable provisions of this subsection, subsequent inspection and monitoring
			 may be performed at intervals longer than 1 year under the following special
			 conditions:
(1) In the case when inspecting
			 or monitoring the cover would expose a worker to dangerous, hazardous, or other
			 unsafe conditions, then the owner or operator may designate a cover as an
			 "unsafe to inspect and monitor cover" and comply with all of the following
			 requirements:
(i) Prepare a written
			 explanation for the cover stating the reasons why the cover is unsafe to
			 visually inspect or to monitor, if required.
(ii) Develop and implement a written plan and
			 schedule to inspect and monitor the cover, using the procedures specified in
			 the applicable section of this subsection, as frequently as practicable during
			 those times when a worker can safely access the cover.
(2) In the case when a tank is buried
			 partially or entirely underground, an owner or operator is required to inspect
			 and monitor, as required by the applicable provisions of this section, only
			 those portions of the tank cover and those connections to the tank (e.g., fill
			 ports, access hatches, gauge wells, etc.) that are located on or above the
			 ground surface.
§
			 265.1086
Standards: surface impoundments
(a) The provisions of this section apply to
			 the control of air pollutant emissions from surface impoundments for which
			 § 265.1083(b) of this subsection references the use of this section for
			 such air emission control.
(b) The
			 owner or operator shall control air pollutant emissions from the surface
			 impoundment by installing and operating either of the following:
(1) A floating membrane cover in accordance
			 with the provisions specified in paragraph (c) of this section; or
(2) A cover that is vented through a
			 closed-vent system to a control device in accordance with the provisions
			 specified in paragraph (d) of this section.
(c) The owner or operator who controls air
			 pollutant emissions from a surface impoundment using a floating membrane cover
			 shall meet the requirements specified in paragraphs (c)(1) through (c)(3) of
			 this section.
(1) The surface impoundment
			 shall be equipped with a floating membrane cover designed to meet the following
			 specifications:
(i) The floating membrane
			 cover shall be designed to float on the liquid surface during normal operations
			 and form a continuous barrier over the entire surface area of the
			 liquid.
(ii) The cover shall be
			 fabricated from a synthetic membrane material that is either:
(A) High density polyethylene (HDPE) with a
			 thickness no less than 2.5 millimeters (mm); or
(B) A material or a composite of different
			 materials determined to have both organic permeability properties that are
			 equivalent to those of the material listed in paragraph (c)(1)(ii)(A) of this
			 section and chemical and physical properties that maintain the material
			 integrity for the intended service life of the material.
(iii) The cover shall be installed in a
			 manner such that there are no visible cracks, holes, gaps, or other open spaces
			 between cover section seams or between the interface of the cover edge and its
			 foundation mountings.
(iv) Except
			 as provided for in paragraph (c)(1)(v) of this section, each opening in the
			 floating membrane cover shall be equipped with a closure device designed to
			 operate such that when the closure device is secured in the closed position
			 there are no visible cracks, holes, gaps, or other open spaces in the closure
			 device or between the perimeter of the cover opening and the closure
			 device.
(v) The floating membrane
			 cover may be equipped with one or more emergency cover drains for removal of
			 stormwater. Each emergency cover drain shall be equipped with a slotted
			 membrane fabric cover that covers at least 90 percent of the area of the
			 opening or a flexible fabric sleeve seal.
(vi) The closure devices shall be made of
			 suitable materials that will minimize exposure of the hazardous waste to the
			 atmosphere, to the extent practical, and will maintain the integrity of the
			 closure devices throughout their intended service life. Factors to be
			 considered when selecting the materials of construction and designing the cover
			 and closure devices shall include: Organic vapor permeability; the effects of
			 any contact with the liquid and its vapor managed in the surface impoundment;
			 the effects of outdoor exposure to wind, moisture, and sunlight; and the
			 operating practices used for the surface impoundment on which the floating
			 membrane cover is installed.
(2) Whenever a hazardous waste is in the
			 surface impoundment, the floating membrane cover shall float on the liquid and
			 each closure device shall be secured in the closed position except as follows:
(i) Opening of closure devices or removal of
			 the cover is allowed at the following times:
(A) To provide access to the surface
			 impoundment for performing routine inspection, maintenance, or other activities
			 needed for normal operations. Examples of such activities include those times
			 when a worker needs to open a port to sample the liquid in the surface
			 impoundment, or when a worker needs to open a hatch to maintain or repair
			 equipment. Following completion of the activity, the owner or operator shall
			 promptly replace the cover and secure the closure device in the closed
			 position, as applicable.
(B) To
			 remove accumulated sludge or other residues from the bottom of surface
			 impoundment.
(ii)
			 Opening of a safety device, as defined in § 265.1081 of this subsection,
			 is allowed at any time conditions require doing so to avoid an unsafe
			 condition. (3) The owner or operator shall inspect the floating membrane cover
			 in accordance with the following procedures:
(i) The floating membrane cover and its
			 closure devices shall be visually inspected by the owner or operator to check
			 for defects that could result in air pollutant emissions. Defects include, but
			 are not limited to, visible cracks, holes, or gaps in the cover section seams
			 or between the interface of the cover edge and its foundation mountings;
			 broken, cracked, or otherwise damaged seals or gaskets on closure devices; and
			 broken or missing hatches, access covers, caps, or other closure
			 devices.
(ii) The owner or operator
			 shall perform an initial inspection of the floating membrane cover and its
			 closure devices on or before the date that the surface impoundment becomes
			 subject to this section. Thereafter, the owner or operator shall perform the
			 inspections at least once every year except for the special conditions provided
			 for in paragraph (g) of this section.
(iii) In the event that a defect is detected,
			 the owner or operator shall repair the defect in accordance with the
			 requirements of paragraph (f) of this section.
(iv) The owner or operator shall maintain a
			 record of the inspection in accordance with the requirements specified in
			 § 265.1090(c) of this subsection.
(d) The owner
			 or operator who controls air pollutant emissions from a surface impoundment
			 using a cover vented to a control device shall meet the requirements specified
			 in paragraphs (d)(1) through (d)(3) of this section.
(1) The surface impoundment shall be covered
			 by a cover and vented directly through a closed-vent system to a control device
			 in accordance with the following requirements:
(i) The cover and its closure devices shall
			 be designed to form a continuous barrier over the entire surface area of the
			 liquid in the surface impoundment.
(ii) Each opening in the cover not vented to
			 the control device shall be equipped with a closure device. If the pressure in
			 the vapor headspace underneath the cover is less than atmospheric pressure when
			 the control device is operating, the closure devices shall be designed to
			 operate such that when the closure device is secured in the closed position
			 there are no visible cracks, holes, gaps, or other open spaces in the closure
			 device or between the perimeter of the cover opening and the closure device. If
			 the pressure in the vapor headspace underneath the cover is equal to or greater
			 than atmospheric pressure when the control device is operating, the closure
			 device shall be designed to operate with no detectable organic emissions using
			 the procedure specified in § 265.1084(d) of this subsection.
(iii) The cover and its closure devices shall
			 be made of suitable materials that will minimize exposure of the hazardous
			 waste to the atmosphere, to the extent practical, and will maintain the
			 integrity of the cover and closure devices throughout their intended service
			 life. Factors to be considered when selecting the materials of construction and
			 designing the cover and closure devices shall include: Organic vapor
			 permeability; the effects of any contact with the liquid or its vapors managed
			 in the surface impoundment; the effects of outdoor exposure to wind, moisture,
			 and sunlight; and the operating practices used for the surface impoundment on
			 which the cover is installed.
(iv)
			 The closed-vent system and control device shall be designed and operated in
			 accordance with the requirements of § 265.1088 of this
			 subsection.
(2) Whenever
			 a hazardous waste is in the surface impoundment, the cover shall be installed
			 with each closure device secured in the closed position and the vapor headspace
			 underneath the cover vented to the control device except as follows:
(i) Venting to the control device is not
			 required, and opening of closure devices or removal of the cover is allowed at
			 the following times:
(A) To provide access to
			 the surface impoundment for performing routine inspection, maintenance, or
			 other activities needed for normal operations. Examples of such activities
			 include those times when a worker needs to open a port to sample liquid in the
			 surface impoundment, or when a worker needs to open a hatch to maintain or
			 repair equipment. Following completion of the activity, the owner or operator
			 shall promptly secure the closure device in the closed position or reinstall
			 the cover, as applicable, to the surface impoundment.
(B) To remove accumulated sludge or other
			 residues from the bottom of the surface impoundment.
(ii) Opening of a safety device, as defined
			 in § 265.1081 of this subsection, is allowed at any time conditions
			 require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and
			 monitor the air emission control equipment in accordance with the following
			 procedures:
(i) The surface impoundment cover
			 and its closure devices shall be visually inspected by the owner or operator to
			 check for defects that could result in air pollutant emissions. Defects
			 include, but are not limited to, visible cracks, holes, or gaps in the cover
			 section seams or between the interface of the cover edge and its foundation
			 mountings; broken, cracked, or otherwise damaged seals or gaskets on closure
			 devices; and broken or missing hatches, access covers, caps, or other closure
			 devices.
(ii) The closed-vent
			 system and control device shall be inspected and monitored by the owner or
			 operator in accordance with the procedures specified in § 265.1088 of this
			 subsection.
(iii) The owner or
			 operator shall perform an initial inspection of the air emission control
			 equipment on or before the date that the surface impoundment becomes subject to
			 this section. Thereafter, the owner or operator shall perform the inspections
			 at least once every year except for the special conditions provided for in
			 paragraph (g) of this section.
(iv)
			 In the event that a defect is detected, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (f) of this
			 section.
(v) The owner or operator
			 shall maintain a record of the inspection in accordance with the requirements
			 specified in § 265.1090(c) of this subsection.
(e) The owner or
			 operator shall transfer hazardous waste to a surface impoundment subject to
			 this section in accordance with the following requirements:
(1) Transfer of hazardous waste, except as
			 provided in paragraph (e)(2) of this section, to the surface impoundment from
			 another surface impoundment subject to this section or from a tank subject to
			 § 265.1085 of this subsection shall be conducted using continuous
			 hard-piping or another closed system that does not allow exposure of the waste
			 to the atmosphere. For the purpose of complying with this provision, an
			 individual drain system is considered to be a closed system when it meets the
			 requirements of 40 CFR part 63, subpart RR - National Emission Standards for
			 Individual Drain Systems.
(2) The
			 requirements of paragraph (e)(1) of this section do not apply when transferring
			 a hazardous waste to the surface impoundment under either of the following
			 conditions:
(i) The hazardous waste meets the
			 average VO concentration conditions specified in § 265.1083(c)(1) of this
			 subsection at the point of waste origination.
(ii) The hazardous waste has been treated by
			 an organic destruction or removal process to meet the requirements in §
			 265.1083(c)(2) of this subsection.
(iii) The hazardous waste meets the
			 requirements of § 265.1083(c)(4) of this subsection.
(f) The owner or operator shall
			 repair each defect detected during an inspection performed in accordance with
			 the requirements of paragraph (c)(3) or (d)(3) of this section as follows:
(1) The owner or operator shall make first
			 efforts at repair of the defect no later than 5 calendar days after detection,
			 and repair shall be completed as soon as possible but no later than 45 calendar
			 days after detection except as provided in paragraph (f)(2) of this
			 section.
(2) Repair of a defect may
			 be delayed beyond 45 calendar days if the owner or operator determines that
			 repair of the defect requires emptying or temporary removal from service of the
			 surface impoundment and no alternative capacity is available at the site to
			 accept the hazardous waste normally managed in the surface impoundment. In this
			 case, the owner or operator shall repair the defect the next time the process
			 or unit that is generating the hazardous waste managed in the tank stops
			 operation. Repair of the defect shall be completed before the process or unit
			 resumes operation.
(g)
			 Following the initial inspection and monitoring of the cover as required by the
			 applicable provisions of this subsection, subsequent inspection and monitoring
			 may be performed at intervals longer than 1 year in the case when inspecting or
			 monitoring the cover would expose a worker to dangerous, hazardous, or other
			 unsafe conditions. In this case, the owner or operator may designate the cover
			 as an "unsafe to inspect and monitor cover" and comply with all of the
			 following requirements:
(1) Prepare a written
			 explanation for the cover stating the reasons why the cover is unsafe to
			 visually inspect or to monitor, if required.
(2) Develop and implement a written plan and
			 schedule to inspect and monitor the cover using the procedures specified in the
			 applicable section of this subsection as frequently as practicable during those
			 times when a worker can safely access the cover.
§ 265.1087
Standards:
			 Containers
(a) The provisions of this
			 section apply to the control of air pollutant emissions from containers for
			 which § 265.1083(b) of this subsection references the use of this section
			 for such air emission control.
(b)
			 General requirements.
(1) The owner or
			 operator shall control air pollutant emissions from each container subject to
			 this section in accordance with the following requirements, as applicable to
			 the container, except when the special provisions for waste stabilization
			 processes specified in paragraph (b)(2) of this section apply to the container.
(i) For a container having a design capacity
			 greater than 0.1 m 3 and less than or equal to 0.46
			 m3, the owner or operator shall control air pollutant
			 emissions from the container in accordance with the Container Level 1 standards
			 specified in paragraph (c) of this section.
(ii) For a container having a design capacity
			 greater than 0.46 m3 that is not in light material
			 service, the owner or operator shall control air pollutant emissions from the
			 container in accordance with the Container Level 1 standards specified in
			 paragraph (c) of this section.
(iii) For a container having a design
			 capacity greater than 0.46 m3 that is in light material
			 service, the owner or operator shall control air pollutant emissions from the
			 container in accordance with the Container Level 2 standards specified in
			 paragraph (d) of this section.
(2) When a container having a design capacity
			 greater than 0.1 m3 is used for treatment of a hazardous
			 waste by a waste stabilization process, the owner or operator shall control air
			 pollutant emissions from the container in accordance with the Container Level 3
			 standards specified in paragraph (e) of this section at those times during the
			 waste stabilization process when the hazardous waste in the container is
			 exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1
			 controls is one of the following:
(i) A
			 container that meets the applicable U.S. Department of Transportation (DOT)
			 regulations on packaging hazardous materials for transportation as specified in
			 paragraph (f) of this section.
(ii)
			 A container equipped with a cover and closure devices that form a continuous
			 barrier over the container openings such that when the cover and closure
			 devices are secured in the closed position there are no visible holes, gaps, or
			 other open spaces into the interior of the container. The cover may be a
			 separate cover installed on the container (e.g., a lid on a drum or a suitably
			 secured tarp on a roll-off box) or may be an integral part of the container
			 structural design (e.g., a "portable tank" or bulk cargo container equipped
			 with a screw-type cap).
(iii) An
			 open-top container in which an organic-vapor suppressing barrier is placed on
			 or over the hazardous waste in the container such that no hazardous waste is
			 exposed to the atmosphere. One example of such a barrier is application of a
			 suitable organic-vapor suppressing foam.
(2) A container used to meet the requirements
			 of paragraph (c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with
			 covers and closure devices, as applicable to the container, that are composed
			 of suitable materials to minimize exposure of the hazardous waste to the
			 atmosphere and to maintain the equipment integrity for as long as it is in
			 service. Factors to be considered in selecting the materials of construction
			 and designing the cover and closure devices shall include: Organic vapor
			 permeability, the effects of contact with the hazardous waste or its vapor
			 managed in the container; the effects of outdoor exposure of the closure device
			 or cover material to wind, moisture, and sunlight; and the operating practices
			 for which the container is intended to be used.
(3) Whenever a hazardous waste is in a
			 container using Container Level 1 controls, the owner or operator shall install
			 all covers and closure devices for the container, as applicable to the
			 container, and secure and maintain each closure device in the closed position
			 except as follows:
(i) Opening of a closure
			 device or cover is allowed for the purpose of adding hazardous waste or other
			 material to the container as follows:
(A) In
			 the case when the container is filled to the intended final level in one
			 continuous operation, the owner or operator shall promptly secure the closure
			 devices in the closed position and install the covers, as applicable to the
			 container, upon conclusion of the filling operation.
(B) In the case when discrete quantities or
			 batches of material intermittently are added to the container over a period of
			 time, the owner or operator shall promptly secure the closure devices in the
			 closed position and install covers, as applicable to the container, upon either
			 the container being filled to the intended final level; the completion of a
			 batch loading after which no additional material will be added to the container
			 within 15 minutes; the person performing the loading operation leaving the
			 immediate vicinity of the container; or the shutdown of the process generating
			 the material being added to the container, whichever condition occurs
			 first.
(ii) Opening of a
			 closure device or cover is allowed for the purpose of removing hazardous waste
			 from the container as follows:
(A) For the
			 purpose of meeting the requirements of this section, an empty container as
			 defined in § 261.7(b) may be open to the atmosphere at any time (i.e.,
			 covers and closure devices are not required to be secured in the closed
			 position on an empty container).
(B) In the case when discrete quantities or
			 batches of material are removed from the container but the container does not
			 meet the conditions to be an empty container as defined in § 261.7(b), the
			 owner or operator shall promptly secure the closure devices in the closed
			 position and install covers, as applicable to the container, upon the
			 completion of a batch removal after which no additional material will be
			 removed from the container within 15 minutes or the person performing the
			 unloading operation leaves the immediate vicinity of the container, whichever
			 condition occurs first.
(iii) Opening of a closure device or cover is
			 allowed when access inside the container is needed to perform routine
			 activities other than transfer of hazardous waste. Examples of such activities
			 include those times when a worker needs to open a port to measure the depth of
			 or sample the material in the container, or when a worker needs to open a
			 manhole hatch to access equipment inside the container. Following completion of
			 the activity, the owner or operator shall promptly secure the closure device in
			 the closed position or reinstall the cover, as applicable to the
			 container.
(iv) Opening of a
			 spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type
			 of pressure relief device which vents to the atmosphere is allowed during
			 normal operations for the purpose of maintaining the container internal
			 pressure in accordance with the design specifications of the container. The
			 device shall be designed to operate with no detectable organic emissions when
			 the device is secured in the closed position. The settings at which the device
			 opens shall be established such that the device remains in the closed position
			 whenever the internal pressure of the container is within the internal pressure
			 operating range determined by the owner or operator based on container
			 manufacturer recommendations, applicable regulations, fire protection and
			 prevention codes, standard engineering codes and practices, or other
			 requirements for the safe handling of flammable, ignitable, explosive,
			 reactive, or hazardous materials. Examples of normal operating conditions that
			 may require these devices to open are during those times when the internal
			 pressure of the container exceeds the internal pressure operating range for the
			 container as a result of loading operations or diurnal ambient temperature
			 fluctuations.
(v) Opening of a
			 safety device, as defined in § 265.1081 of this subsection, is allowed at
			 any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of
			 containers using Container Level 1 controls shall inspect the containers and
			 their covers and closure devices as follows:
(i) In the case when a hazardous waste
			 already is in the container at the time the owner or operator first accepts
			 possession of the container at the facility and the container is not emptied
			 within 24 hours after the container is accepted at the facility (i.e., does not
			 meet the conditions for an empty container as specified in § 261.7(b)),
			 the owner or operator shall visually inspect the container and its cover and
			 closure devices to check for visible cracks, holes, gaps, or other open spaces
			 into the interior of the container when the cover and closure devices are
			 secured in the closed position. The container visual inspection shall be
			 conducted on or before the date that the container is accepted at the facility
			 (i.e., the date the container becomes subject to the subsection CC container
			 standards). For purposes of this requirement, the date of acceptance is the
			 date of signature that the facility owner or operator enters on Item 20 of the
			 Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required
			 under subsection E of this section, at § 265.71. If a defect is detected,
			 the owner or operator shall repair the defect in accordance with the
			 requirements of paragraph (c)(4)(iii) of this section.
(ii) In the case when a container used for
			 managing hazardous waste remains at the facility for a period of 1 year or
			 more, the owner or operator shall visually inspect the container and its cover
			 and closure devices initially and thereafter, at least once every 12 months, to
			 check for visible cracks, holes, gaps, or other open spaces into the interior
			 of the container when the cover and closure devices are secured in the closed
			 position. If a defect is detected, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (c)(4)(iii) of this
			 section.
(iii) When a defect is
			 detected for the container, cover, or closure devices, the owner or operator
			 shall make first efforts at repair of the defect no later than 24 hours after
			 detection, and repair shall be completed as soon as possible but no later than
			 5 calendar days after detection. If repair of a defect cannot be completed
			 within 5 calendar days, then the hazardous waste shall be removed from the
			 container and the container shall not be used to manage hazardous waste until
			 the defect is repaired.
(5) The owner or operator shall maintain at
			 the facility a copy of the procedure used to 3 determine that containers with
			 capacity of 0.46 m or greater, which do not meet applicable
DOT regulations as specified in paragraph (f) of this section,
				are not managing hazardous waste in light material service.
(d) Container Level 2 standards.
(1) A container using Container Level 2
			 controls is one of the following:
(i) A
			 container that meets the applicable U.S. Department of Transportation (DOT)
			 regulations on packaging hazardous materials for transportation as specified in
			 paragraph (f) of this section.
(ii)
			 A container that operates with no detectable organic emissions as defined in
			 § 265.1081 of this subsection and determined in accordance with the
			 procedure specified in paragraph (g) of this section.
(iii) A container that has been demonstrated
			 within the preceding 12 months to be vapor-tight by using 40 CFR part 60,
			 appendix A, Method 27 in accordance the procedure specified in paragraph (h) of
			 this section.
(2)
			 Transfer of hazardous waste in or out of a container using Container Level 2
			 controls shall be conducted in such a manner as to minimize exposure of the
			 hazardous waste to the atmosphere, to the extent practical, considering the
			 physical properties of the hazardous waste and good engineering and safety
			 practices for handling flammable, ignitable, explosive, reactive or other
			 hazardous materials. Examples of container loading procedures that the EPA
			 considers to meet the requirements of this paragraph include using any one of
			 the following: A submerged-fill pipe or other submerged-fill method to load
			 liquids into the container; a vapor-balancing system or a vapor-recovery system
			 to collect and control the vapors displaced from the container during filling
			 operations; or a fitted opening in the top of a container through which the
			 hazardous waste is filled and subsequently purging the transfer line before
			 removing it from the container opening.
(3) Whenever a hazardous waste is in a
			 container using Container Level 2 controls, the owner or operator shall install
			 all covers and closure devices for the container, and secure and maintain each
			 closure device in the closed position except as follows:
(i) Opening of a closure device or cover is
			 allowed for the purpose of adding hazardous waste or other material to the
			 container as follows:
(A) In the case when the
			 container is filled to the intended final level in one continuous operation,
			 the owner or operator shall promptly secure the closure devices in the closed
			 position and install the covers, as applicable to the container, upon
			 conclusion of the filling operation.
(B) In the case when discrete quantities or
			 batches of material intermittently are added to the container over a period of
			 time, the owner or operator shall promptly secure the closure devices in the
			 closed position and install covers, as applicable to the container, upon either
			 the container being filled to the intended final level; the completion of a
			 batch loading after which no additional material will be added to the container
			 within 15 minutes; the person performing the loading operation leaving the
			 immediate vicinity of the container; or the shutdown of the process generating
			 the material being added to the container, whichever condition occurs
			 first.
(ii) Opening of a
			 closure device or cover is allowed for the purpose of removing hazardous waste
			 from the container as follows:
(A) For the
			 purpose of meeting the requirements of this section, an empty container as
			 defined in § 261.7(b) may be open to the atmosphere at any time (i.e.,
			 covers and closure devices are not required to be secured in the closed
			 position on an empty container).
(B) In the case when discrete quantities or
			 batches of material are removed from the container but the container does not
			 meet the conditions to be an empty container as defined in § 261.7(b), the
			 owner or operator shall promptly secure the closure devices in the closed
			 position and install covers, as applicable to the container, upon the
			 completion of a batch removal after which no additional material will be
			 removed from the container within 15 minutes or the person performing the
			 unloading operation leaves the immediate vicinity of the container, whichever
			 condition occurs first.
(iii) Opening of a closure device or cover is
			 allowed when access inside the container is needed to perform routine
			 activities other than transfer of hazardous waste. Examples of such activities
			 include those times when a worker needs to open a port to measure the depth of
			 or sample the material in the container, or when a worker needs to open a
			 manhole hatch to access equipment inside the container. Following completion of
			 the activity, the owner or operator shall promptly secure the closure device in
			 the closed position or reinstall the cover, as applicable to the
			 container.
(iv) Opening of a
			 spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type
			 of pressure relief device which vents to the atmosphere is allowed during
			 normal operations for the purpose of maintaining the internal pressure of the
			 container in accordance with the container design specifications. The device
			 shall be designed to operate with no detectable organic emission when the
			 device is secured in the closed position. The settings at which the device
			 opens shall be established such that the device remains in the closed position
			 whenever the internal pressure of the container is within the internal pressure
			 operating range determined by the owner or operator based on container
			 manufacturer recommend-ations, applicable regulations, fire protection and
			 prevention codes, standard engineering codes and practices, or other
			 requirements for the safe handling of flammable, ignitable, explosive,
			 reactive, or hazardous materials. Examples of normal operating conditions that
			 may require these devices to open are during those times when the internal
			 pressure of the container exceeds the internal pressure operating range for the
			 container as a result of loading operations or diurnal ambient temperature
			 fluctuations.
(v) Opening of a
			 safety device, as defined in § 265.1081 of this subsection, is allowed at
			 any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of
			 containers using Container Level 2 controls shall inspect the containers and
			 their covers and closure devices as follows:
(i) In the case when a hazardous waste
			 already is in the container at the time the owner or operator first accepts
			 possession of the container at the facility and the container is not emptied
			 within 24 hours after the container is accepted at the facility (i.e., does not
			 meet the conditions for an empty container as specified in § 261.7(b)),
			 the owner or operator shall visually inspect the container and its cover and
			 closure devices to check for visible cracks, holes, gaps, or other open spaces
			 into the interior of the container when the cover and closure devices are
			 secured in the closed position. The container visual inspection shall be
			 conducted on or before the date that the container is accepted at the facility
			 (i.e., the date the container becomes subject to the subsection CC container
			 standards). For purposes of this requirement, the date of acceptance is the
			 date of signature that the facility owner or operator enters on Item 20 of the
			 Uniform Hazardous Waste Manifest (EPA Forms 8700-22 and 8700-22A), as required
			 under subsection E of this section, at § 265.71. If a defect is detected,
			 the owner or operator shall repair the defect in accordance with the
			 requirements of paragraph (d)(4)(iii) of this section.
(ii) In the case when a container used for
			 managing hazardous waste remains at the facility for a period of 1 year or
			 more, the owner or operator shall visually inspect the container and its cover
			 and closure devices initially and thereafter, at least once every 12 months, to
			 check for visible cracks, holes, gaps, or other open spaces into the interior
			 of the container when the cover and closure devices are secured in the closed
			 position. If a defect is detected, the owner or operator shall repair the
			 defect in accordance with the requirements of paragraph (d)(4)(iii) of this
			 section.
(iii) When a defect is
			 detected for the container, cover, or closure devices, the owner or operator
			 shall make first efforts at repair of the defect no later than 24 hours after
			 detection, and repair shall be completed as soon as possible but no later than
			 5 calendar days after detection. If repair of a defect cannot be completed
			 within 5 calendar days, then the hazardous waste shall be removed from the
			 container and the container shall not be used to manage hazardous waste until
			 the defect is repaired.
(e) Container Level 3 standards.
(1) A container using Container Level 3
			 controls is one of the following:
(i) A
			 container that is vented directly through a closed-vent system to a control
			 device in accordance with the requirements of paragraph (e)(2)(ii) of this
			 section.
(ii) A container that is
			 vented inside an enclosure which is exhausted through a closed-vent system to a
			 control device in accordance with the requirements of paragraphs (e)(2)(i) and
			 (e)(2)(ii) of this section.
(2) The owner or operator shall meet the
			 following requirements, as applicable to the type of air emission control
			 equipment selected by the owner or operator:
(i) The container enclosure shall be designed
			 and operated in accordance with the criteria for a permanent total enclosure as
			 specified in "Procedure T - Criteria for and Verification of a Permanent or
			 Temporary Total Enclosure" under
			 40
			 CFR 52.741, Appendix B. The enclosure may
			 have permanent or temporary openings to allow worker access; passage of
			 containers through the enclosure by conveyor or other mechanical means; entry
			 of permanent mechanical or electrical equipment; or direct airflow into the
			 enclosure. The owner or operator shall perform the verification procedure for
			 the enclosure as specified in Section 5.0 to "Procedure T - Criteria for and
			 Verification of a Permanent or Temporary Total Enclosure" initially when the
			 enclosure is first installed and, thereafter, annually.
(ii) The closed-vent system and control
			 device shall be designed and operated in accordance with the requirements of
			 § 265.1088 of this subsection.
(3) Safety devices, as defined in §
			 265.1081 of this subsection, may be installed and operated as necessary on any
			 container, enclosure, closed-vent system, or control device used to comply with
			 the requirements of paragraph (e)(1) of this section.
(4) Owners and operators using Container
			 Level 3 controls in accordance with the provisions of this subsection shall
			 inspect and monitor the closed-vent systems and control devices as specified in
			 § 265.1088 of this subsection.
(5) Owners and operators that use Container
			 Level 3 controls in accordance with the provisions of this subsection shall
			 prepare and maintain the records specified in § 265.1090(d) of this
			 subsection.
(6) Transfer of
			 hazardous waste in or out of a container using Container Level 3 controls shall
			 be conducted in such a manner as to minimize exposure of the hazardous waste to
			 the atmosphere, to the extent practical, considering the physical properties of
			 the hazardous waste and good engineering and safety practices for handling
			 flammable, ignitable, explosive, reactive, or other hazardous materials.
			 Examples of container loading procedures that the EPA considers to meet the
			 requirements of this paragraph include using any one of the following: A
			 submerged-fill pipe or other submerged-fill method to load liquids into the
			 container; a vapor-balancing system or a vapor-recovery system to collect and
			 control the vapors displaced from the container during filling operations; or a
			 fitted opening in the top of a container through which the hazardous waste is
			 filled and subsequently purging the transfer line before removing it from the
			 container opening.
(f)
			 For the purpose of compliance with paragraph (c)(1)(i) or (d)(1)(i) of this
			 section, containers shall be used that meet the applicable U.S. Department of
			 Transportation (DOT) regulations on packaging hazardous materials for
			 transportation as follows:
(1) The container
			 meets the applicable requirements specified in 49 CFR part 178 -Specifications
			 for Packaging or 49 CFR part 179 - Specifications for Tank Cars.
(2) Hazardous waste is managed in the
			 container in accordance with the applicable requirements specified in 49 CFR
			 part 107, subpart B - Exemptions; 49 CFR part 172 -Hazardous Materials Table,
			 Special Provisions, Hazardous Materials Communications, Emergency Response
			 Information, and Training Requirements; 49 CFR part 173 - Shippers -General
			 Requirements for Shipments and Packages; and 49 CFR part 180 - Continuing
			 Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this
			 subsection, no exceptions to the 49 CFR part 178 or part 179 regulations are
			 allowed except as provided for in paragraph (f)(4) of this section.
(4) For a lab pack that is managed in
			 accordance with the requirements of 49 CFR part 178 for the purpose of
			 complying with this subsection, an owner or operator may comply with the
			 exceptions for combination packagings specified in
			 49 CFR
			 173.12(b).
(g) To determine compliance with
			 the no detectable organic emissions requirements of paragraph (d)(1)(ii) of
			 this section, the procedure specified in § 265.1084(d) of this subsection
			 shall be used.
(h) Procedure for
			 determining a container to be vapor-tight using Method 27 of 40 CFR part 60,
			 appendix A for the purpose of complying with paragraph (d)(1)(iii) of this
			 section.
(1) The test shall be performed in
			 accordance with Method 27 of 40 CFR part 60, appendix A.
(2) A pressure measurement device shall be
			 used that has a precision of " 2.5 mm water and that is capable of measuring
			 above the pressure at which the container is to be tested for vapor
			 tightness.
(3) If the test results
			 determined by Method 27 indicate that the container sustains a pressure change
			 less than or equal to 750 Pascals within 5 minutes after it is pressurized to a
			 minimum of 4,500 Pascals, then the container is determined to be
			 vapor-tight.
§
			 265.1088
Standards: Closed-vent systems and control
			 devices
(a) This section applies to
			 each closed-vent system and control device installed and operated by the owner
			 or operator to control air emissions in accordance with standards of this
			 subsection.
(b) The closed-vent
			 system shall meet the following requirements:
(1) The closed-vent system shall route the
			 gases, vapors, and fumes emitted from the hazardous waste in the waste
			 management unit to a control device that meets the requirements specified in
			 paragraph (c) of this section.
(2)
			 The closed-vent system shall be designed and operated in accordance with the
			 requirements specified in § 265.1033(j) of this section.
(3) In the case when the closed-vent system
			 includes bypass devices that could be used to divert the gas or vapor stream to
			 the atmosphere before entering the control device, each bypass device shall be
			 equipped with either a flow indicator as specified in paragraph (b)(3)(i) of
			 this section or a seal or locking device as specified in paragraph (b)(3)(ii)
			 of this section. For the purpose of complying with this paragraph, low leg
			 drains, high point bleeds, analyzer vents, open-ended valves or lines,
			 spring-loaded pressure relief valves, and other fittings used for safety
			 purposes are not considered to be bypass devices.
(i) If a flow indicator is used to comply
			 with paragraph (b)(3) of this section, the indicator shall be installed at the
			 inlet to the bypass line used to divert gases and vapors from the closed-vent
			 system to the atmosphere at a point upstream of the control device inlet. For
			 this paragraph, a flow indicator means a device which indicates the presence of
			 either gas or vapor flow in the bypass line.
(ii) If a seal or locking device is used to
			 comply with paragraph (b)(3) of this section, the device shall be placed on the
			 mechanism by which the bypass device position is controlled (e.g., valve
			 handle, damper lever) when the bypass device is in the closed position such
			 that the bypass device cannot be opened without breaking the seal or removing
			 the lock. Examples of such devices include, but are not limited to, a car-seal
			 or a lock-and-key configuration valve. The owner or operator shall visually
			 inspect the seal or closure mechanism at least once every month to verify that
			 the bypass mechanism is maintained in the closed position.
(4) The closed-vent system shall be inspected
			 and monitored by the owner or operator in accordance with the procedure
			 specified in § 265.1033(k).
(c) The control device shall meet the
			 following requirements:
(1) The control
			 device shall be one of the following devices:
(i) A control device designed and operated to
			 reduce the total organic content of the inlet vapor stream vented to the
			 control device by at least 95 percent by weight;
(ii) An enclosed combustion device designed
			 and operated in accordance with the requirements of § 265.1033(c);
			 or
(iii) A flare designed and
			 operated in accordance with the requirements of § 265.1033(d).
(2) The owner or operator who
			 elects to use a closed-vent system and control device to comply with the
			 requirements of this section shall comply with the requirements specified in
			 paragraphs (c)(2)(i) through (c)(2)(vi) of this section.
(i) Periods of planned routine maintenance of
			 the control device, during which the control device does not meet the
			 specifications of paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this
			 section, as applicable, shall not exceed 240 hours per year.
(ii) The specifications and requirements in
			 paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control
			 devices do not apply during periods of planned routine maintenance.
(iii) The specifications and requirements in
			 paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this section for control
			 devices do not apply during a control device system malfunction.
(iv) The owner or operator shall demonstrate
			 compliance with the requirements of paragraph (c)(2)(i) of this section (i.e.,
			 planned routine maintenance of a control device, during which the control
			 device does not meet the specifications of paragraphs (c)(1)(i), (c)(1)(ii), or
			 (c)(1)(iii) of this section, as applicable, shall not exceed 240 hours per
			 year) by recording the information specified in § 265.1090(e)(1)(v) of
			 this subsection.
(v) The owner or
			 operator shall correct control device system malfunctions as soon as
			 practicable after their occurrence in order to minimize excess emissions of air
			 pollutants.
(vi) The owner or
			 operator shall operate the closed-vent system such that gases, vapors, and/or
			 fumes are not actively vented to the control device during periods of planned
			 maintenance or control device system malfunction (i.e., periods when the
			 control device is not operating or not operating normally) except in cases when
			 it is necessary to vent the gases, vapors, or fumes to avoid an unsafe
			 condition or to implement malfunction corrective actions or planned maintenance
			 actions.
(3) The owner
			 or operator using a carbon adsorption system to comply with paragraph (c)(1) of
			 this section shall operate and maintain the control device in accordance with
			 the following requirements:
(i) Following the
			 initial startup of the control device, all activated carbon in the control
			 device shall be replaced with fresh carbon on a regular basis in accordance
			 with the requirements of § 265.1033(g) or § 265.1033(h).
(ii) All carbon that is a hazardous waste and
			 that is removed from the control device shall be managed in accordance with the
			 requirements of § 265.1033(m), regardless of the average volatile organic
			 concentration of the carbon.
(4) An owner or operator using a control
			 device other than a thermal vapor incinerator, flare, boiler, process heater,
			 condenser, or carbon adsorption system to comply with paragraph (c)(1) of this
			 section shall operate and maintain the control device in accordance with the
			 requirements of § 265.1033(i).
(5) The owner or operator shall demonstrate
			 that a control device achieves the performance requirements of paragraph (c)(1)
			 of this section as follows:
(i) An owner or
			 operator shall demonstrate using either a performance test as specified in
			 paragraph (c)(5)(iii) of this section or a design analysis as specified in
			 paragraph (c)(5)(iv) of this section the performance of each control device
			 except for the following:
(A) A
			 flare;
(B) A boiler or process
			 heater with a design heat input capacity of 44 megawatts or greater;
(C) A boiler or process heater into which the
			 vent stream is introduced with the primary fuel;
(D) A boiler or process heater burning
			 hazardous waste for which the owner or operator has been issued a final permit
			 under Section 270 and has designed and operates the unit in accordance with the
			 requirements of Section 266, subsection H; or
(E) A boiler or process heater burning
			 hazardous waste for which the owner or operator has has designed and operates
			 in compliance with the interim status requirements of Section 266, subsection
			 H.
(ii) An owner or
			 operator shall demonstrate the performance of each flare in accordance with the
			 requirements specified in § 265.1033(e).
(iii) For a performance test conducted to
			 meet the requirements of paragraph (c)(5)(i) of this section, the owner or
			 operator shall use the test methods and procedures specified in §
			 265.1034(c)(1) through (c)(4).
(iv)
			 For a design analysis conducted to meet the requirements of paragraph (c)(5)(i)
			 of this section, the design analysis shall meet the requirements specified in
			 § 265.1035 (b)(4)(iii).
(v)
			 The owner or operator shall demonstrate that a carbon adsorption system
			 achieves the performance requirements of paragraph (c)(1) of this section based
			 on the total quantity of organics vented to the atmosphere from all carbon
			 adsorption system equipment that is used for organic adsorption, organic
			 desorption or carbon regeneration, organic recovery, and carbon
			 disposal.
(6) If the
			 owner or operator and the Director do not agree on a demonstration of control
			 device performance using a design analysis then the disagreement shall be
			 resolved using the results of a performance test performed by the owner or
			 operator in accordance with the requirements of paragraph (c)(5)(iii) of this
			 section. The Director may choose to have an authorized representative observe
			 the performance test.
(7) The
			 closed-vent system and control device shall be inspected and monitored by the
			 owner or operator in accordance with the procedures specified in §
			 265.1033(f)(2) and § 265.1033(k). The readings from each monitoring device
			 required by § 265.1033(f)(2) shall be inspected at least once each
			 operating day to check control device operation. Any necessary corrective
			 measures shall be immediately implemented to ensure the control device is
			 operated in compliance with the requirements of this section.
§ 265.1089
Inspection and monitoring requirements
(a) The owner or operator shall inspect and
			 monitor air emission control equipment used to comply with this subsection in
			 accordance with the applicable requirements specified in § 265.1085
			 through § 265.1088 of this subsection.
(b) The owner or operator shall develop and
			 implement a written plan and schedule to perform the inspections and monitoring
			 required by paragraph (a) of this section. The owner or operator shall
			 incorporate this plan and schedule into the facility inspection plan required
			 under § 265.15.
§
			 265.1090
Recordkeeping requirements
(a) Each owner or operator of a facility
			 subject to requirements in this subsection shall record and maintain the
			 information specified in paragraphs (b) through (j) of this section, as
			 applicable to the facility. Except for air emission control equipment design
			 documentation and information required by paragraphs (i) and (j) of this
			 section, records required by this section shall be maintained in the operating
			 record for a minimum of 3 years. Air emission control equipment design
			 documentation shall be maintained in the operating record until the air
			 emission control equipment is replaced or otherwise no longer in service.
			 Information required by paragraphs (i) and (j) of this section shall be
			 maintained in the operating record for as long as the tank or container is not
			 using air emission controls specified in §§ 264.1084 through 264.1087
			 of this subsection in accordance with the conditions specified in §
			 264.1084(d) of this subsection.
(b)
			 The owner or operator of a tank using air emission controls in accordance with
			 the requirements of § 265.1085 of this subsection shall prepare and
			 maintain records for the tank that include the following information:
(1) For each tank using air emission controls
			 in accordance with the requirements of § 265.1085 of this subsection, the
			 owner or operator shall record:
(i) A tank
			 identification number (or other unique identification description as selected
			 by the owner or operator).
(ii) A
			 record for each inspection required by § 265.1085 of this subsection that
			 includes the following information:
(A) Date
			 inspection was conducted.
(B) For
			 each defect detected during the inspection: The location of the defect, a
			 description of the defect, the date of detection, and corrective action taken
			 to repair the defect. In the event that repair of the defect is delayed in
			 accordance with the provisions of § 265.1085 of this subsection, the owner
			 or operator shall also record the reason for the delay and the date that
			 completion of repair of the defect is expected.
(2) In addition to the information required
			 by paragraph (b)(1) of this section, the owner or operator shall record the
			 following information, as applicable to the tank:
(i) The owner or operator using a fixed roof
			 to comply with the Tank Level 1 control requirements specified in §
			 265.1085(c) of this subsection shall prepare and maintain records for each
			 determination for the maximum organic vapor pressure of the hazardous waste in
			 the tank performed in accordance with the requirements of § 265.1085(c) of
			 this subsection. The records shall include the date and time the samples were
			 collected, the analysis method used, and the analysis results.
(ii) The owner or operator using an internal
			 floating roof to comply with the Tank Level 2 control requirements specified in
			 § 265.1085(e) of this subsection shall prepare and maintain documentation
			 describing the floating roof design.
(iii) Owners and operators using an external
			 floating roof to comply with the Tank Level 2 control requirements specified in
			 § 265.1085(f) of this subsection shall prepare and maintain the following
			 records:
(A) Documentation describing the
			 floating roof design and the dimensions of the tank.
(B) Records for each seal gap inspection
			 required by §265.1085(f)(3) of this subsection describing the results of
			 the seal gap measurements. The records shall include the date that the
			 measurements were performed, the raw data obtained for the measurements, and
			 the calculations of the total gap surface area. In the event that the seal gap
			 measurements do not conform to the specifications in §265.1085(f)(1) of
			 this subsection, the records shall include a description of the repairs that
			 were made, the date the repairs were made, and the date the tank was emptied,
			 if necessary.
(iv) Each
			 owner or operator using an enclosure to comply with the Tank Level 2 control
			 requirements specified in § 265.1085(i) of this subsection shall prepare
			 and maintain the following records:
(A)
			 Records for the most recent set of calculations and measurements performed by
			 the owner or operator to verify that the enclosure meets the criteria of a
			 permanent total enclosure as specified in "Procedure T - Criteria for and
			 Verification of a Permanent or Temporary Total Enclosure" under
			 40
			 CFR 52.741, Appendix B.
(B) Records required for the closed-vent
			 system and control device in accordance with the requirements of paragraph (e)
			 of this section.
(c) The owner or operator of a surface
			 impoundment using air emission controls in accordance with the requirements of
			 § 265.1086 of this subsection shall prepare and maintain records for the
			 surface impound-ment that include the following information:
(1) A surface impoundment identification
			 number (or other unique identification description as selected by the owner or
			 operator).
(2) Documentation
			 describing the floating membrane cover or cover design, as applicable to the
			 surface impoundment, that includes information prepared by the owner or
			 operator or provided by the cover manufacturer or vendor describing the cover
			 design, and certification by the owner or operator that the cover meets the
			 specifications listed in § 265.1086(c) of this subsection.
(3) A record for each inspection required by
			 § 265.1086 of this subsection that includes the following information:
(i) Date inspection was conducted.
(ii) For each defect detected during the
			 inspection the following information: The location of the defect, a description
			 of the defect, the date of detection, and corrective action taken to repair the
			 defect. In the event that repair of the defect is delayed in accordance with
			 the provisions of § 265.1086(f) of this subsection, the owner or operator
			 shall also record the reason for the delay and the date that completion of
			 repair of the defect is expected.
(4) For a surface impoundment equipped with a
			 cover and vented through a closed-vent system to a control device, the owner or
			 operator shall prepare and maintain the records specified in paragraph (e) of
			 this section.
(d) The
			 owner or operator of containers using Container Level 3 air emission controls
			 in accordance with the requirements of § 265.1087 of this subsection shall
			 prepare and maintain records that include the following information:
(1) Records for the most recent set of
			 calculations and measurements performed by the owner or operator to verify that
			 the enclosure meets the criteria of a permanent total enclosure as specified in
			 "Procedure T - Criteria for and Verification of a Permanent or Temporary Total
			 Enclosure" under
			 40
			 CFR 52.741, Appendix B.
(2) Records required for the closed-vent
			 system and control device in accordance with the requirements of paragraph (e)
			 of this section.
(e) The
			 owner or operator using a closed-vent system and control device in accordance
			 with the requirements of § 265.1088 of this subsection shall prepare and
			 maintain records that include the following information:
(1) Documentation for the closed-vent system
			 and control device that includes:
(i)
			 Certification that is signed and dated by the owner or operator stating that
			 the control device is designed to operate at the performance level documented
			 by a design analysis as specified in paragraph (e)(1)(ii) of this section or by
			 performance tests as specified in paragraph (e)(1)(iii) of this section when
			 the tank, surface impoundment, or container is or would be operating at
			 capacity or the highest level reasonably expected to occur.
(ii) If a design analysis is used, then
			 design documentation as specified in §265.1035 (b)(4). The documentation
			 shall include information prepared by the owner or operator or provided by the
			 control device manufacturer or vendor that describes the control device design
			 in accordance with
			 40 CFR
			 265.1035(b)(4)(iii) and
			 certification by the owner or operator that the control equipment meets the
			 applicable specifications.
(iii) If
			 performance tests are used, then a performance test plan as specified in §
			 265.1035(b)(3) and all test results.
(iv) Information as required by §
			 265.1035(c)(1) and § 265.1035(c)(2), as applicable.
(v) An owner or operator shall record, on a
			 semiannual basis, the information specified in paragraphs (e)(1)(v)(A) and
			 (e)(1)(v)(B) of this section for those planned routine maintenance operations
			 that would require the control device not to meet the requirements of §
			 265.1088(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
			 applicable.
(A) A description of the planned
			 routine maintenance that is anticipated to be performed for the control device
			 during the next 6-month period. This description shall include the type of
			 maintenance necessary, planned frequency of maintenance, and lengths of
			 maintenance periods.
(B) A
			 description of the planned routine maintenance that was performed for the
			 control device during the previous 6-month period. This description shall
			 include the type of maintenance performed and the total number of hours during
			 those 6 months that the control device did not meet the requirements of §
			 265.1088(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
			 applicable, due to planned routine maintenance.
(vi) An owner or operator shall record the
			 information specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this
			 section for those unexpected control device system malfunctions that would
			 require the control device not to meet the requirements of §
			 265.1088(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subsection, as
			 applicable.
(A) The occurrence and duration of
			 each malfunction of the control device system.
(B) The duration of each period during a
			 malfunction when gases, vapors, or fumes are vented from the waste management
			 unit through the closed-vent system to the control device while the control
			 device is not properly functioning.
(C) Actions taken during periods of
			 malfunction to restore a malfunctioning control device to its normal or usual
			 manner of operation.
(vii) Records of the management of carbon
			 removed from a carbon adsorption system conducted in accordance with §
			 265.1088(c)(3)(ii) of this subsection.
(f) The owner or operator of a tank, surface
			 impound-ment, or container exempted from standards in accordance with the
			 provisions of § 265.1083(c) of this subsection shall prepare and maintain
			 the following records, as applicable:
(1) For
			 tanks, surface impoundments, or containers exempted under the hazardous waste
			 organic concentration conditions specified in § 265.1083(c)(1) or or
			 § 265.1083(c)(2)(i) through (c)(2)(vi) of this subsection, the owner or
			 operator shall record the information used for each waste determination (e.g.,
			 test results, measurements, calculations, and other documentation) in the
			 facility operating log. If analysis results for waste samples are used for the
			 waste determination, then the owner or operator shall record the date, time,
			 and location that each waste sample is collected in accordance with applicable
			 requirements of § 265.1084 of this subsection.
(2) For tanks, surface impoundments, or
			 containers exempted under the provisions of § 265.1083(c)(2)(vii) or
			 § 265.1083(c)(2)(viii) of this subsection, the owner or operator shall
			 record the identification number for the incinerator, boiler, or industrial
			 furnace in which the hazardous waste is treated.
(g) An owner or operator designating a cover
			 as "unsafe to inspect and monitor" pursuant to § 265.1085(l) or §
			 265.1086(g) of this subsection shall record in a log that is kept in the
			 facility operating record the following information: The identification numbers
			 for waste management units with covers that are designated as "unsafe to
			 inspect and monitor," the explanation for each cover stating why the cover is
			 unsafe to inspect and monitor, and the plan and schedule for inspecting and
			 monitoring each cover.
(h) The
			 owner or operator of a facility that is subject to this subsection and to the
			 control device standards in 40 CFR section 60, subpart VV, or 40 CFR part 61,
			 subpart V, may elect to demonstrate compliance with the applicable sections of
			 this subsection by documentation either pursuant to this subsection, or
			 pursuant to the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61,
			 subpart V, to the extent that the documentation required by 40 CFR parts 60 or
			 61 duplicates the documentation required by this section.
(i) For each tank or container not using air
			 emission controls specified in §§ 265.1085 through 265.1088 of this
			 subsection in accordance with the conditions specified in § 265.1080(d) of
			 this subsection, the owner or operator shall record and maintain the following
			 information:
(1) A list of the individual
			 organic peroxide compounds manufactured at the facility that meet the
			 conditions specified in § 265.1080(d)(1).
(2) A description of how the hazardous waste
			 containing the organic peroxide compounds identified in paragraph (i)(1) of
			 this section are managed at the facility in tanks and containers. This
			 description shall include the following information:
(i) For the tanks used at the facility to
			 manage this hazardous waste, sufficient information shall be provided to
			 describe for each tank: A facility identification number for the tank; the
			 purpose and placement of this tank in the management train of this hazardous
			 waste; and the procedures used to ultimately dispose of the hazardous waste
			 managed in the tanks.
(ii) For
			 containers used at the facility to manage these hazardous wastes, sufficient
			 information shall be provided to describe: A facility identification number for
			 the container or group of containers; the purpose and placement of this
			 container, or group of containers, in the management train of this hazardous
			 waste; and the procedures used to ultimately dispose of the hazardous waste
			 handled in the containers.
(3) An explanation of why managing the
			 hazardous waste containing the organic peroxide compounds identified in
			 paragraph (i)(1) of this section in the tanks and containers as described in
			 paragraph (i)(2) of this section would create an undue safety hazard if the air
			 emission controls, as required under §§ 265.1085 through 265.1088 of
			 this subsection, are installed and operated on these waste management units.
			 This explanation shall include the following information:
(i) For tanks used at the facility to manage
			 these hazardous wastes, sufficient information shall be provided to explain:
			 How use of the required air emission controls on the tanks would affect the
			 tank design features and facility operating procedures currently used to
			 prevent an undue safety hazard during the management of this hazardous waste in
			 the tanks; and why installation of safety devices on the required air emission
			 controls, as allowed under this subsection, will not address those situations
			 in which evacuation of tanks equipped with these air emission controls is
			 necessary and consistent with good engineering and safety practices for
			 handling organic peroxides.
(ii)
			 For containers used at the facility to manage these hazardous wastes,
			 sufficient information shall be provided to explain: How use of the required
			 air emission controls on the containers would affect the container design
			 features and handling procedures currently used to prevent an undue safety
			 hazard during the management of this hazardous waste in the containers; and why
			 installation of safety devices on the required air emission controls, as
			 allowed under this subsection, will not address those situations in which
			 evacuation of containers equipped with these air emission controls is necessary
			 and consistent with good engineering and safety practices for handling organic
			 peroxides. (j) For each hazardous waste management unit not using air emission
			 controls specified in §§ 265.1085 through 265.1088 of this subsection
			 in accordance with the provisions of § 265.1080(b)(7) of this subsection,
			 the owner and operator shall record and maintain the following information:
(1) Certification that the waste management
			 unit is equipped with and operating air emission controls in accordance with
			 the requirements of an applicable Clean Air Act regulation codified under 40
			 CFR part 60, part 61, or part 63.
(2) Identification of the specific
			 requirements codified under 40 CFR part 60, part 61, or part 63 with which the
			 waste management unit is in compliance.
Subsection DD
- Containment Buildings
§
			 265.1100
Applicability
The requirements of this subsection apply to owners or
				operators who store or treat hazardous waste in units designed and operated
				under § 265.1101 of this subsection. The owner or operator is not subject
				to the definition of land disposal in RCRA section 3004(k) provided that the
				unit:
(a) Is a completely enclosed,
			 self-supporting structure that is designed and constructed of manmade materials
			 of sufficient strength and thickness to support themselves, the waste contents,
			 and any personnel and heavy equipment that operate within the units, and to
			 prevent failure due to pressure gradients, settlement, compression, or uplift,
			 physical contact with the hazardous wastes to which they are exposed; climatic
			 conditions; and the stresses of daily operation, including the movement of
			 heavy equipment within the unit and contact of such equipment with containment
			 walls;
(b) Has a primary barrier
			 that is designed to be sufficiently durable to withstand the movement of
			 personnel and handling equipment within the unit;
(c) If the unit is used to manage liquids,
			 has:
(1) A primary barrier designed and
			 constructed of materials to prevent migration of hazardous constituents into
			 the barrier;
(2) A liquid
			 collection system designed and constructed of materials to minimize the
			 accumulation of liquid on the primary barrier; and
(3) A secondary containment system designed
			 and constructed of materials to prevent migration of hazardous constituents
			 into the barrier, with a leak detection and liquid collection system capable of
			 detecting, collecting, and removing leaks of hazardous constituents at the
			 earliest possible time, unless the unit has been granted a variance from the
			 secondary containment system requirements under §
			 265.1101(b)(4);
(d) Has
			 controls as needed to prevent fugitive dust emissions; and
(e) Is designed and operated to ensure
			 containment and prevent the tracking of materials from the unit by personnel or
			 equipment.
§
			 265.1101
Design and operating standards
(a) All containment buildings must comply
			 with the following design standards:
(1) The
			 containment building must be completely enclosed with a floor, walls, and a
			 roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on),
			 and to assure containment of managed wastes.
(2) The floor and containment walls of the
			 unit, including the secondary containment system if required under paragraph
			 (b) of this section, must be designed and constructed of materials of
			 sufficient strength and thickness to support themselves, the waste contents,
			 and any personnel and heavy equipment that operate within the unit, and to
			 prevent failure due to pressure gradients, settlement, compression, or uplift,
			 physical contact with the hazardous wastes to which they are exposed; climatic
			 conditions; and the stresses of daily operation, including the movement of
			 heavy equipment within the unit and contact of such equipment with containment
			 walls. The unit must be designed so that it has sufficient structural strength
			 to prevent collapse or other failure. All surfaces to be in contact with
			 hazardous wastes must be chemically compatible with those wastes. The Division
			 will consider standards established by professional organizations generally
			 recognized by the industry such as the American Concrete Institute (ACI) and
			 the American Society of Testing Materials (ASTM) in judging the structural
			 integrity requirements of this paragraph. If appropriate to the nature of the
			 waste management operation to take place in the unit, an exception to the
			 structural strength requirement may be made for light-weight doors and windows
			 that meet these criteria:
(i) They provide an
			 effective barrier against fugitive dust emissions under paragraph (c)(1)(iv);
			 and
(ii) The unit is designed and
			 operated in a fashion that assures that wastes will not actually come in
			 contact with these openings.
(3) Incompatible hazardous wastes or
			 treatment reagents must not be placed in the unit or its secondary containment
			 system if they could cause the unit or secondary containment system to leak,
			 corrode, or otherwise fail.
(4) A
			 containment building must have a primary barrier designed to withstand the
			 movement of personnel, waste, and handling equipment in the unit during the
			 operating life of the unit and appropriate for the physical and chemical
			 characteristics of the waste to be managed.
(b) For a containment building used to manage
			 hazardous wastes containing free liquids or treated with free liquids (the
			 presence of which is determined by the paint filter test, a visual examination,
			 or other appropriate means), the owner or operator must include:
(1) A primary barrier designed and
			 constructed of materials to prevent the migration of hazardous constituents
			 into the barrier (e.g. a geomembrane covered by a concrete wear
			 surface).
(2) A liquid collection
			 and removal system to prevent the accumulation of liquid on the primary barrier
			 of the containment building:
(i) The primary
			 barrier must be sloped to drain liquids to the associated collection system;
			 and
(ii) Liquids and waste must be
			 collected and removed to minimize hydraulic head on the containment system at
			 the earliest practicable time that protects human health and the
			 environment.
(3) A
			 secondary containment system including a secondary barrier designed and
			 constructed to prevent migration of hazardous constituents into the barrier,
			 and a leak detection system that is capable of detecting failure of the primary
			 barrier and collecting accumulated hazardous wastes and liquids at the earliest
			 practicable time.
(i) The requirements of the
			 leak detection component of the secondary containment system are satisfied by
			 installation of a system that is, at a minimum:
(A) Constructed with a bottom slope of 1
			 percent or more; and
(B)
			 Constructed of a granular drainage material with a hydraulic conductivity of 1
			 x 10-2  cm/sec or more and a thickness of 12 inches
			 (30.5 cm) or more, or constructed of 2-5 synthetic
			 or geonet drainage materials with a transmissivity of 3 x 10 m /sec or
			 more.
(ii) If treatment
			 is to be conducted in the building, an area in which such treatment will be
			 conducted must be designed to prevent the release of liquids, wet materials, or
			 liquid aerosols to other portions of the building.
(iii) The secondary containment system must
			 be constructed of materials that are chemically resistant to the waste and
			 liquids managed in the containment building and of sufficient strength and
			 thickness to prevent collapse under the pressure exerted by overlaying
			 materials and by any equipment used in the containment building. (Containment
			 buildings can serve as secondary containment systems for tanks placed within
			 the building under certain conditions. A containment building can serve as an
			 external liner system for a tank, provided it meets the requirements of §
			 265.193(e)(1). In addition, the containment building must meet the requirements
			 of § 265.193 (b) and (c) to be considered an acceptable secondary
			 containment system for a tank.)
(4) For existing units other than 90-day
			 generator units, the Director may delay the secondary containment requirement
			 for up to two years, based on a demonstration by the owner or operator that the
			 unit substantially meets the standards of this Subsection. In making this
			 demonstration, the owner or operator must:
(i)
			 Provide written notice to the Director of their request by February 18, 1993.
			 This notification must describe the unit and its operating practices with
			 specific reference to the performance of existing containment systems, and
			 specific plans for retrofitting the unit with secondary containment;
(ii) Respond to any comments from the
			 Director on these plans within 30 days; and
(iii) Fulfill the terms of the revised plans,
			 if such plans are approved by the Director.
(c) Owners or operators of all containment
			 buildings must:
(1) Use controls and practices
			 to ensure containment of the hazardous waste within the unit; and, at a
			 minimum:
(i) Maintain the primary barrier to
			 be free of significant cracks, gaps, corrosion, or other deterioration that
			 could cause hazardous waste to be released from the primary barrier;
(ii) Maintain the level of the stored/treated
			 hazardous waste within the containment walls of the unit so that the height of
			 any containment wall is not exceeded;
(iii) Take measures to prevent the tracking
			 of hazardous waste out of the unit by personnel or by equipment used in
			 handling the waste. An area must be designated to decontaminate equipment and
			 any rinsate must be collected and properly managed; and
(iv) Take measures to control fugitive dust
			 emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit
			 no visible emissions. In addition, all associated particulate collection
			 devices (e.g., fabric filter, electrostatic precipitator) must be operated and
			 maintained with sound air pollution control practices. This state of no visible
			 emissions must be maintained effectively at all times during normal operating
			 conditions, including when vehicles and personnel are entering and exiting the
			 unit.
(2) Obtain
			 certification by an
independent qualified Arkansas-registered
			 professional engineer
that the containment building design meets the
			 requirements of paragraphs (a) through (c) of this section.
(3) Throughout the active life of the
			 containment building, if the owner or operator detects a condition that could
			 lead to or has caused a release of hazardous waste, the owner or operator must
			 repair the condition promptly, in accordance with the following procedures.
(i) Upon detection of a condition that has
			 led to a release of hazardous waste (e.g., upon detection of leakage from the
			 primary barrier) the owner or operator must:
(A) Enter a record of the discovery in the
			 facility operating record;
(B)
			 Immediately remove the portion of the containment building affected by the
			 condition from service;
(C)
			 Determine what steps must be taken to repair the containment building, remove
			 any leakage from the secondary collection system, and establish a schedule for
			 accomplishing the cleanup and repairs; and
(D) Within 7 days after the discovery of the
			 condition, notify the Director of the condition, and within 14 working days,
			 provide a written notice to the Director with a description of the steps taken
			 to repair the containment building, and the schedule for accomplishing the
			 work.
(ii) The Director
			 will review the information submitted, make a determination regarding whether
			 the containment building must be removed from service completely or partially
			 until repairs and cleanup are complete, and notify the owner or operator of the
			 determination and the underlying rationale in writing.
(iii) Upon completing all repairs and cleanup
			 the owner or operator must notify the Director in writing and provide a
			 verification, signed by an
independent qualified, Arkansas-registered
			 professional engineer,
that the repairs and cleanup have been
			 completed according to the written plan submitted in accordance with paragraph
			 (c)(3)(i)(D) of this section.
(4) Inspect and record in the facility's
			 operating record at least once every seven days, data gathered from monitoring
			 and leak detection equipment as well as the containment building and the area
			 immediately surrounding the containment building to detect signs of releases of
			 hazardous waste.
(d) For
			 a containment building that contains both areas with and without secondary
			 containment, the owner or operator must:
(1)
			 Design and operate each area in accordance with the requirements enumerated in
			 paragraphs (a) through (c) of this section;
(2) Take measures to prevent the release of
			 liquids or wet materials into areas without secondary containment;
			 and
(3) Maintain in the facility's
			 operating log a written description of the operating procedures used to
			 maintain the integrity of areas without secondary containment.
(e) Notwithstanding any other
			 provision of this subsection, the Director may waive requirements for secondary
			 containment for a permitted containment building where the owner or operator
			 demonstrates that the only free liquids in the unit are limited amounts of dust
			 suppression liquids required to meet occupational health and safety
			 requirements, and where containment of managed wastes and liquids can be
			 assured without a secondary containment system.
§ 265.1102
Closure and
			 post-closure care
(a) At closure of a
			 containment building, the owner or operator must remove or decontaminate all
			 waste residues, contaminated containment system components (liners, etc.),
			 contaminated subsoils, and structures and equipment contaminated with waste and
			 leachate, and manage them as hazardous waste unless § 261.3(d) of this
			 rule applies. The closure plan, closure activities, cost estimates for closure,
			 and financial responsibility for containment buildings must meet all of the
			 requirements specified in subsections G and H of this section.
(b) If, after removing or decontaminating all
			 residues and making all reasonable efforts to effect removal or decontamination
			 of contaminated components, subsoils, structures, and equipment as required in
			 paragraph (a) of this section, the owner or operator finds that not all
			 contaminated subsoils can be practicably removed or decontaminated, he must
			 close the facility and perform post-closure care in accordance with the closure
			 and post-closure requirements that apply to landfills (§ 265.310). In
			 addition, for the purposes of closure, post-closure, and financial
			 responsibility, such a containment building is then considered to be a
			 landfill, and the owner or operator must meet all of the requirements for
			 landfills specified in subsections G and H of this section.
§§ 265.1103
-265.1110 [Reserved]
Subsection EE
- Hazardous Waste
			 Munitions and Explosives Storage
§
			 265.1200
Applicability
The requirements of this subsection apply to owners or
				operators who store munitions and explosive hazardous wastes, except as §
				265.1 provides otherwise. (NOTE: Depending on explosive hazards, hazardous
				waste munitions and explosives may also be managed in other types of storage
				units, including containment buildings (Section 265, subsection DD), tanks
				(Section 265, subsection J), or containers (Section 265, subsection I); See
				§ 266.205 for storage of waste military munitions).
§ 265.1201
Design and operating
			 standards
(a) Hazardous waste munitions
			 and explosives storage units must be designed and operated with containment
			 systems, controls, and monitoring, that:
(1)
			 Minimize the potential for detonation or other means of release of hazardous
			 waste, hazardous constituents, hazardous decomposition products, or
			 contaminated run-off, to the soil, ground water, surface water, and
			 atmosphere;
(2) Provide a primary
			 barrier, which may be a container (including a shell) or tank, designed to
			 contain the hazardous waste;
(3)
			 For wastes stored outdoors, provide that the waste and containers will not be
			 in standing precipitation;
(4) For
			 liquid wastes, provide a secondary containment system that assures that any
			 released liquids are contained and promptly detected and removed from the waste
			 area, or vapor detection system that assures that any released liquids or
			 vapors are promptly detected and an appropriate response taken (e.g.,
			 additional containment, such as overpacking, or removal from the waste area);
			 and
(5) Provide monitoring and
			 inspection procedures that assure the controls and containment systems are
			 working as designed and that releases that may adversely impact human health or
			 the environment are not escaping from the unit.
(b) Hazardous waste munitions and explosives
			 stored under this subsection may be stored in one of the following:
(1) Earth-covered magazines. Earth-covered
			 magazines must be:
(i) Constructed of
			 waterproofed, reinforced concrete or structural steel arches, with steel doors
			 that are kept closed when not being accessed;
(ii) Designed and constructed:
(A) To be of sufficient strength and
			 thickness to support the weight of any explosives or munitions stored and any
			 equipment used in the unit;
(B) To
			 provide working space for personnel and equipment in the unit; and
(C) To withstand movement activities that
			 occur in the unit; and
(iii) Located and designed, with walls and
			 earthen covers that direct an explosion in the unit in a safe direction, so as
			 to minimize the propagation of an explosion to adjacent units and to minimize
			 other effects of any explosion.
(2) Above-ground magazines. Above-ground
			 magazines must be located and designed so as to minimize the propagation of an
			 explosion to adjacent units and to minimize other effects of any
			 explosion.
(3) Outdoor or open
			 storage areas. Outdoor or open storage areas must be located and designed so as
			 to minimize the propagation of an explosion to adjacent units and to minimize
			 other effects of any explosion.
(c) Hazardous waste munitions and explosives
			 must be stored in accordance with a Standard Operating Procedure specifying
			 procedures to ensure safety, security, and environmental protection. If these
			 procedures serve the same purpose as the security and inspection requirements
			 of § 265.14, the preparedness and prevention procedures of Section 265,
			 subsection C, and the contingency plan and emergency procedures requirements of
			 Section 265, subsection D, then these procedures will be used to fulfill those
			 requirements.
(d) Hazardous waste
			 munitions and explosives must be packaged to ensure safety in handling and
			 storage.
(e) Hazardous waste
			 munitions and explosives must be inventoried at least annually.
(f) Hazardous waste munitions and explosives
			 and their storage units must be inspected and monitored as necessary to ensure
			 explosives safety and to ensure that there is no migration of contaminants out
			 of the unit.
§
			 265.1202
Closure and post-closure care
(a) At closure of a magazine or unit which
			 stored hazardous waste under this subsection, the owner or operator must remove
			 or decontaminate all waste residues, contaminated containment system
			 components, contaminated subsoils, and structures and equipment contaminated
			 with waste, and manage them as hazardous waste unless § 261.3(d) of this
			 rule applies. The closure plan, closure activities, cost estimates for closure,
			 and financial responsibility for magazines or units must meet all of the
			 requirements specified in subsections G and H of this section, except that the
			 owner or operator may defer closure of the unit as long as it remains in
			 service as a munitions or explosives magazine or storage unit.
(b) If, after removing or decontaminating all
			 residues and making all reasonable efforts to effect removal or decontamination
			 of contaminated components, subsoils, structures, and equipment as required in
			 paragraph (a) of this section, the owner or operator finds that not all
			 contaminated subsoils can be practicably removed or decontaminated, he or she
			 must close the facility and perform post-closure care in accordance with the
			 closure and post-closure requirements that apply to landfills (§ 264.310).
Appendices to Section 265
Appendix I -- Recordkeeping Instructions
The recordkeeping provisions of § 265.73 specify that an
				owner or operator must keep a written operating record at his facility. This
				appendix provides additional instructions for keeping portions of the operating
				record. See § 265.73(b) for additional recordkeeping requirements.
The following information must be recorded, as it becomes
				available, and maintained in the operating record until closure of the facility
				in the following manner:
Records of each hazardous waste received, treated, stored, or
				disposed of at the facility which include the following:
(1) A description by its common name and the
			 EPA Hazardous Waste Number(s) from part 261 of this rule which apply to the
			 waste. The waste description also must include the waste's physical form, i.e.,
			 liquid, sludge, solid, or contained gas. If the waste is not listed in part
			 261, subsection D, of this rule, the description also must include the process
			 that produced it (for example, solid filter cake from production of -- -- -- ,
			 EPA Hazardous Waste Number W051).
Each hazardous waste listed in part 261, rule D, of this rule,
				and each hazardous waste characteristic defined in part 261, subsection C, of
				this rule, has a four-digit EPA Hazardous Waste Number assigned to it. This
				number must be used for recordkeeping and reporting purposes. Where a hazardous
				waste contains more than one listed hazardous waste, or where more than one
				hazardous waste characteristic applies to the waste, the waste description must
				include all applicable EPA Hazardous Waste Numbers.
(2) The estimated or manifest-reported
			 weight, or volume and density, where applicable, in one of the units of measure
			 specified in Table 1; and
Table 1
Unit of measure
Code1
Gallons
G
Gallons per Hour
E
Gallons per Day
U
Liters
L
Liters Per Hour
H
Liters Per Day
V
Short Tons Per Hour
D
Metric Tons Per Hour
W
Short Tons Per Day
N
Metric Tons Per Day
S
Pounds Per Hour
J
Kilograms Per Hour
R
Cubic Yards
Y
Cubic Meters
C
Acres
B
Acre-feet
A
Hectares
Q
Hectare-meter
F
Btu's per Hour
I
Pounds
P
Short tons
T
Kilograms
K
Tons
M
FOOTNOTE: 
				1Single digit symbols are used here for
				data processing purposes.
(3) The
			 method(s) (by handling code(s) as specified in Table 2) and date(s) of
			 treatment, storage, or disposal.
Table 2.
Handling Codes for Treatment, Storage and Disposal
				Methods
Enter the handling code(s) listed below that most closely
				represents the technique(s) used at the facility to treat, store or dispose of
				each quantity of hazardous waste received.
1.
Storage
501 Container (barrel, drum, etc.)
502 Tank
503 Waste Pile
504 Surface Impoundment
505 Drip Pad
506 Containment Building (Storage) S99 Other Storage
				(specify)
2.
Treatment
(a)
Thermal
			 Treatment--
T06 Liquid injection incinerator
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Multiple hearth incinerator
T10 Infrared furnace incinerator
T11 Molten salt destructor
T12 Pyrolysis
T13 Wet Air oxidation
T14 Calcination
T15 Microwave discharge
T18 Other (specify)
(b)
Chemical Treatment--
T19 Absorption mound
T20 Absorption field
T21 Chemical fixation
T22 Chemical oxidation
T23 Chemical precipitation
T24 Chemical reduction
T25 Chlorination
T26 Chlorinolysis
T27 Cyanide destruction
T28 Degradation
T29 Detoxification
T30 Ion exchange
T31 Neutralization
T32 Ozonation
T33 Photolysis
T34 Other (specify)
(c)
Physical Treatment--
(1)
Separation of components
T35 Centrifugation
T36 Clarification
T37 Coagulation
T38 Decanting
T39 Encapsulation
T40 Filtration
T41 Flocculation
T42 Flotation
T43 Foaming
T44 Sedimentation
T45 Thickening
T46 Ultrafiltration
T47 Other (specify)
(2)
Removal of Specific
			 Components
T48 Absorption-molecular sieve
T49 Activated carbon
T50 Blending
T51 Catalysis
T52 Crystallization
T53 Dialysis
T54 Distillation
T55 Electrodialysis
T56 Electrolysis
T57 Evaporation
T58 High gradient magnetic separation
T59 Leaching
T60 Liquid ion exchange
T61 Liquid-liquid extraction
T62 Reverse osmosis
T63 Solvent recovery
T64 Stripping
T65 Sand filter
T66 Other (specify)
(d)
Biological Treatment
T67 Activated sludge
T68 Aerobic lagoon
T69 Aerobic tank
T70 Anaerobic tank
T71 Composting
T72 Septic tank
T73 Spray irrigation
T74 Thickening filter
T75 Trickling filter
T76 Waste stabilization pond
T77 Other (specify)
T78 [Reserved]
T79 [Reserved]
(e)
Boilers and Industrial
			 Furnaces
T80 Boiler
T81 Cement Kiln
T82 Lime Kiln
T83 Aggregate Kiln
T84 Phosphate Kiln
T85 Coke Oven
T86 Blast Furnace
T87 Smelting, Melting, or Refining Furnace
T88 Titanium Dioxide Chloride Process
Oxidation Reactor
T89 Methane Reforming Furnace
T90 Pulping Liquor Recovery Furnace
T91 Combustion Device Used in the Recovery of Sulfur Values
				From Spent Sulfuric Acid
T92 Halogen Acid Furnaces
T93 Other Industrial Furnaces Listed in
				40
				CFR 260.10 (specify)
(f)
Other Treatment
T94 Containment Building (Treatment)
3.
Disposal
D79 Underground Injection
D80 Landfill
D81 Land Treatment
D82 Ocean Disposal
D83 Surface Impoundment (to be closed as a landfill)
D99 Other Disposal (specify)
4.
Miscellaneous
X01 Open Burning/Open Detonation
X02 Mechanical Processing
X03 Thermal Unit
X04 Geologic Repository
X99 Other (specify)
Appendix II -- [Reserved]
Appendix III -- EPA Interim Primary Drinking Water
				Standards
Parameter
Maximum level (mg/l)
Arsenic
0.05
Barium
1.0
Cadmium
0.01
Chromium
0.05
Fluoride
1.4-2.4
Lead
0.05
Mercury
0.002
Nitrate (as N)
10
Selenium
0.01
Silver
0.05
Endrin
0.0002
Lindane
0.004
Methoxychlor
0.1
Toxaphene
0.005
2,4-D
0.1
2,4,5-TP Silver
0.01
Radium
5 pCi/1
Gross Alpha
15 pCi/1
Gross Beta
4 millirem/yr
Turbidity
1/TU
Coliform Bacteria
1/100 ml
Comment: Turbidity is applicable only to surface water
				supplies.
Appendix IV -- Tests for Significance
As required in § 265.93(b) the owner or operator must use
				the Student's t-test to determine statistically significant changes in the
				concentration or value of an indicator parameter in periodic ground-water
				samples when compared to the initial background concentration or value of that
				indicator parameter. The comparison must consider individually each of the
				wells in the monitoring system. For three of the indicator parameters (specific
				conductance, total organic carbon, and total organic halogen) a single-tailed
				Student's t-test must be used to test at the 0.01 level of significance for
				significant increases over background. The difference test for pH must be a
				two-tailed Student's t-test at the overall 0.01 level of significance.
The Student's t-test involves calculation of the value of a
				t-statistic for each comparison of the mean (average) concentration or value
				(based on a minimum of four replicate measurements) of an indicator parameter
				with its initial background concentration or value. The calculated value of the
				t-statistic must then be compared to the value of the t-statistic found in a
				table for t-test of significance at the specified level of significance. A
				calculated value of t which exceeds the value of t found in the table indicates
				a statistically significant change in the concentration or value of the
				indicator parameter.
Formulae for calculation of the t-statistic and tables for
				t-test of significance can be found in most introductory statistics
				texts.
Appendix V -- Examples of Potentially Incompatible
				Waste
Many hazardous wastes, when mixed with other waste or materials
				at a hazardous waste facility, can produce effects which are harmful to human
				health and the environment, such as (1) heat or pressure, (2) fire or
				explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or
				(5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste
				components, and materials, along with the harmful consequences which result
				from mixing materials in one group with materials in another group. The list is
				intended as a guide to owners or operators of treatment, storage, and disposal
				facilities, and to enforcement and permit granting officials, to indicate the
				need for special precautions when managing these potentially incompatible waste
				materials or components.
This list is not intended to be exhaustive. An owner or
				operator must, as the rule require, adequately analyze his wastes so that he
				can avoid creating uncontrolled substances or reactions of the type listed
				below, whether they are listed below or not.
It is possible for potentially incompatible wastes to be mixed
				in a way that precludes a reaction (e.g., adding acid to water rather than
				water to acid) or that neutralizes them (e.g., a strong acid mixed with a
				strong base), or that controls substances produced (e.g., by generating
				flammable gases in a closed tank equipped so that ignition cannot occur, and
				burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a
				Group B material may have the potential consequence as noted.
Group 1-A
Group 1-B
Acetylene sludge
Acid sludge
Alkaline caustic liquids
Acid and water
Alkaline cleaner
Battery acid
Alkaline corrosive liquids
Chemical cleaners
Alkaline corrosive battery fluid
Electrolyte, acid
Caustic wastewater
Etching acid liquid or solvent
Lime sludge and other corrosive alkalies
Lime wastewater
Pickling liquor and other corrosive acids
Lime and water
Spent acid
Spent caustic
Spent mixed acid
Spent sulfuric acid
Potential consequences: Heat generation; violent
				reaction.
Group 2-A
Group 2-B
Aluminum
Any waste in Group 1-A or 1-B
Beryllium
Calcium
Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides
Potential consequences: Fire or explosion; generation
				of flammable hydrogen gas.
Group 3-A
Group 3-B
Alcohols
Any concentrated waste in Groups 1-A or 1-B
Water
Calcium
Lithium
Metal hydrides
Potassium
SO2Cl2,
						  SOCl2, PCl3,
						  CH3SiCl3
Other water-reactive waste
Potential consequences: Fire, explosion, or heat
				generation; generation of flammable or toxic gases.
Group 4-A
Group 4-B
Alcohols
Concentrated Group 1-A or 1-B wastes
Aldehydes
Group 2-A wastes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds and solvents
Potential consequences: Fire, explosion, or violent
				reaction.
Group 5-A
Group 5-B
Spent cyanide and sulfide solutions
Group 1-B wastes
Potential consequences: Generation of toxic hydrogen
				cyanide or hydrogen sulfide gas.
Group 6-A
Group 6-B
Chlorates
Acetic acid and other organic acids
Chlorine
Concentrated mineral acids
Chlorites
Group 2-A wastes
Chromic acid
Group 4-A wastes
Hyphochlorites
Other flammable and combustible wastes
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
Potential consequences: Fire, explosion, or violent
				reaction.
Source: "Law, Regulations, and Guidelines for Handling of
				Hazardous Waste." California Department of Health, February 1975.
Appendix VI to Section 265 - Compounds With Henry's Law
				Constant Less Than 0.1 Y/X
Compound name
CAS No.
Acetaldol
107-89-1
Acetamide
60-35-5
2-Acetylaminofluorene
53-96-3
3-Acetyl-5-hydroxypiperidine
3-Acetylpiperidine
618-42-8
1-Acetyl-2-thiourea
591-08-2
Acrylamide
79-06-1
Acrylic acid
79-10-7
Adenine
73-24-5
Adipic acid
124-04-9
Adiponitrile
111-69-3
Alachlor
15972-60-8
Aldicarb
116-06-3
Ametryn
834-12-8
4-Aminobiphenyl
92-67-1
4-Aminopyridine
504-24-5
Aniline
62-53-3
o-Anisidine
90-04-0
Anthraquinone
84-65-1
Atrazine
1912-24-9
Benzenearsonic acid
98-05-5
Benzenesulfonic acid
98-11-3
Benzidine
92-87-5
Benzo(a)anthracene
56-55-3
Benzo(k)fluoranthene
207-08-9
Benzoic acid
65-85-0
Benzo(g,h,i)perylene
191-24-2
Benzo(a)pyrene
50-32-8
Benzyl alcohol
100-51-6
gamma-BHC
58-89-9
Bis(2-ethylhexyl)phthalate
117-81-7
Bromochloromethyl acetate
Bromoxynil
1689-84-5
Butyric acid
107-92-6
Caprolactam (hexahydro-2H-azepin-2-one)
105-60-2
Catechol (o-dihydroxybenzene)
120-80-9
Cellulose
9004-34-6
Cell wall
Chlorhydrin (3-Chloro-1,2-propanediol)
96-24-2
Chloroacetic acid
79-11-8
2-Chloroacetophenone
93-76-5
p-Chloroaniline
106-47-8
p-Chlorobenzophenone
134-85-0
Chlorobenzilate
510-15-6
p-Chloro-m-cresol (6-chloro-m-cresol)
59-50-7
3-Chloro-2,5-diketopyrrolidine
Chloro-1,2-ethane diol
4-Chlorophenol
106-48-9
Chlorophenol polymers (2-chlorophenol &
						  4-chlorophenol)
95-57-8 & 106-48-9
1-(o-Chlorophenyl)thiourea
5344-82-1
Chrysene
218-01-9
Citric acid
77-92-9
Creosote
8001-58-9
m-Cresol
108-39-4
o-Cresol
95-48-7
p-Cresol
106-44-5
Cresol (mixed isomers)
1319-77-3
4-Cumylphenol
27576-86
Cyanide
57-12-5
4-Cyanomethyl benzoate
Diazinon
333-41-5
Dibenzo(a,h)anthracene
53-70-3
Dibutylphthalate
84-74-2
2,5-Dichloroaniline (N,N'-dichloroaniline)
95-82-9
2,6-Dichlorobenzonitrile11
1194-65-6
2,6-Dichloro-4-nitroaniline
99-30-9
2,5-Dichlorophenol
333-41-5
3,4-Dichlorotetrahydrofuran
3511-19
Dichlorvos (DDVP)
62-73-7
Diethanolamine
111-42-2
N,N-Diethylaniline
91-66-7
Diethylene glycol
111-46-6
Diethylene glycol dimethyl ether (dimethyl
						  Carbitol)
111-96-6
Diethylene glycol monobutyl ether (butyl
						  Carbitol)
112-34-5
Diethylene glycol monoethyl ether acetate (Carbitol
						  acetate)
112-15-2
Diethylene glycol monoethyl ether (Carbitol
						  Cellosolve)
111-90-0
Diethylene glycol monomethyl ether (methyl
						  Carbitol)
111-77-3
N,N'-Diethylhydrazine
1615-80-1
Diethyl (4-methylumbelliferyl) thionophosphate
299-45-6
Diethyl phosphorothioate
126-75-0
N,N'-Diethylpropionamide
15299-99-7
Dimethoate
60-51-5
2,3-Dimethoxystrychnidin-10-one
357-57-3
4-Dimethylaminoazobenzene
60-11-7
7,12-Dimethylbenz(a)anthracene
57-97-6
3,3-Dimethylbenzidine
119-93-7
Dimethylcarbamoyl chloride
79-44-7
Dimethyldisulfide
624-92-0
Dimethylformamide
68-12-2
1,1-Dimethylhydrazine
57-14-7
Dimethylphthalate
131-11-3
Dimethylsulfone
67-71-0
Dimethylsulfoxide
67-68-5
4,6-Dinitro-o-cresol
534-52-1
1,2-Diphenylhydrazine
122-66-7
Dipropylene glycol (1,1'-oxydi-2-propanol)
110-98-5
Endrin
72-20-8
Epinephrine
51-43-4
mono-Ethanolamine
141-43-5
Ethyl carbamate (urethane)
5-17-96
Ethylene glycol
107-21-1
Ethylene glycol monobutyl ether (butyl
						  Cellosolve)
111-76-2
Ethylene glycol monoethyl ether (Cellosolve)
110-80-5
Ethylene glycol monoethyl ether acetate (Cellosolve
						  acetate)
111-15-9
Ethylene glycol monomethyl ether (methyl
						  Cellosolve)
109-86-4
Ethylene glycol monophenyl ether (phenyl
						  Cellosolve)
122-99-6
Ethylene glycol monopropyl ether (propyl
						  Cellosolve)
2807-30-9
Ethylene thiourea (2-imidazolidinethione)
96-45-7
4-Ethylmorpholine
100-74-3
3-Ethylphenol
620-17-7
Fluoroacetic acid, sodium salt
62-74-8
Formaldehyde
50-00-0
Formamide
75-12-7
Formic acid
64-18-6
Fumaric acid
110-17-8
Glutaric acid
110-94-1
Glycerin (Glycerol)
56-81-5
Glycidol
556-52-5
Glycinamide
598-41-4
Glyphosate
1071-83-6
Guthion
86-50-0
Hexamethylene-1,6-diisocyanate
						  (1,6-diisocyanatohexane)
822-06-0
Hexamethyl phosphoramide
680-31-9
Hexanoic acid
142-62-1
Hydrazine
302-01-2
Hydrocyanic acid
74-90-8
Hydroquinone
123-31-9
Hydroxy-2-propionitrile (hydracrylonitrile)
109-78-4
Indeno (1,2,3-cd) pyrene
193-39-5
Lead acetate
301-04-2
Lead subacetate (lead acetate, monobasic)
1335-32-6
Leucine
61-90-5
Malathion
121-75-5
Maleic acid
110-16-7
Maleic anhydride
108-31-6
Mesityl oxide
141-79-7
Methane sulfonic acid
75-75-2
Methomyl
16752-77-5
p-Methoxyphenol
150-76-5
Methyl acrylate
96-33-3
4,4'-Methylene-bis-(2-chloroaniline)
101-14-4
4,4'-Methylenediphenyl diisocyanate (diphenyl methane
						  diisocyanate)
101-68-8
4,4'-Methylenedianiline
101-77-9
Methylene diphenylamine (MDA)
5-Methylfurfural
620-02-0
Methylhydrazine
60-34-4
Methyliminoacetic acid
Methyl methane sulfonate
66-27-3
1-Methyl-2-methoxyaziridine
Methylparathion
298-00-0
Methyl sulfuric acid (sulfuric acid, dimethyl
						  ester)
77-78-1
4-Methylthiophenol
106-45-6
Monomethylformamide (N-methylformamide)
123-39-7
Nabam
142-59-6
alpha-Naphthol
90-15-3
beta-Naphthol
135-19-3
alpha-Naphthylamine
134-32-7
beta-Naphthylamine
91-59-8
Neopentyl glycol (dimethylpropane)
126-30-7
Niacinamide
98-92-0
o-Nitroaniline
88-74-4
Nitroglycerin
55-63-0
2-Nitrophenol
88-75-5
4-Nitrophenol
100-02-7
N-Nitrosodimethylamine
62-75-9
Nitrosoguanidine
674-81-7
N-Nitroso-n-methylurea
684-93-5
N-Nitrosomorpholine (4-nitrosomorpholine)
59-89-2
Oxalic acid
144-62-7
Parathion
56-38-2
Pentaerythritol
115-77-5
Phenacetin
62-44-2
Phenol
108-95-2
Phenylacetic acid
103-82-2
m-Phenylene diamine
108-45-2
o-Phenylene diamine
95-54-5
p-Phenylene diamine
106-50-3
Phenyl mercuric acetate
62-38-4
Phorate
298-02-2
Phthalic anhydride
85-44-9
alpha-Picoline (2-methyl pyridine)
109-06-8
1,3-Propane sultone
1120-71-4
beta-Propiolactone
57-57-8
Proporur (Baygon)
Propylene glycol
57-55-6
Pyrene
129-00-0
Pyridinium bromide
39416-48-3
Quinoline
91-22-5
Quinone (p-benzoquinone)
106-51-4
Resorcinol
108-46-3
Simazine
122-34-9
Sodium acetate
127-09-3
Sodium formate
141-53-7
Strychnine
57-24-9
Succinic acid
110-15-6
Succinimide
123-56-8
Sulfanilic acid
121-47-1
Terephthalic acid
100-21-0
Tetraethyldithiopyrophosphate
3689-24-5
Tetraethylenepentamine
112-57-2
Thiofanox
39196-18-4
Thiosemicarbazide
79-19-6
2,4-Toluenediamine
95-80-7
2,6-Toluenediamine
823-40-5
3,4-Toluenediamine
496-72-0
2,4-Toluene diisocyanate
584-84-9
p-Toluic acid
99-94-5
m-Toluidine
108-44-1
1,1,2-Trichloro-1,2,2-trifluoroethane
76-13-1
Triethanolamine
102-71-6
Triethylene glycol dimethyl ether
Tripropylene glycol
24800-44-0
Warfarin
81-81-2
3,4-Xylenol (3,4-dimethylphenol)
95-65-8
Section 266
- STANDARDS FOR
			 THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS
			 WASTE MANAGEMENT FACILITIES
Subsections
			 A
-- B [Reserved]
Subsection C
-- Recyclable Materials
			 Used in a Manner Constituting Disposal
§
			 266.20
Applicability
(a) The rules of this subsection apply to
			 recyclable materials that are applied to or placed on the land:
(1) Without mixing with any other
			 substance(s); or
(2) After mixing
			 or combination with any other substance(s). These materials will be referred to
			 throughout this subsection as "materials used in a manner that constitutes
			 disposal."
(b) Products
			 produced for the general public's use that are used in a manner that
			 constitutes disposal and that contain recyclable materials have undergone a
			 chemical reaction in the course of producing the products so as to become
			 inseparable by physical means and if such products meet the applicable
			 treatment standards in subsection D of Section 268 (or applicable prohibition
			 levels in § 268.32 or RCRA section 3004(d), where no treatment standards
			 have been established) for each recyclable material (i.e., hazardous waste)
			 that they contain and the recycler complies with § 268.7(b)(6) of this
			 rule.
(c) Anti-skid/deicing uses of
			 slags, which are generated from high temperature metals recovery (HTMR)
			 processing of hazardous waste K061, K062, and F006, in a manner constituting
			 disposal are not covered by the exemption in paragraph (b) of this section and
			 remain subject to rule.
(d)
			 Fertilizers that contain recyclable materials are not subject to rule provided
			 that:
(1) They are zinc fertilizers excluded
			 from the definition of solid waste according to § 261.4(a)(21) of this
			 rule; or
(2) They meet the
			 applicable treatment standards in subsection D of Section 268 of this rule for
			 each hazardous waste that they contain.
§ 266.21
Standards applicable to
			 generators and transporters of materials used in a manner that constitute
			 disposal
Generators and transporters of materials that are used in a
				manner that constitutes disposal are subject to the applicable requirements of
				Sections 262 and 263 of this rule, and the notification requirement under
				Section 3010 of RCRA.
§
			 266.22
Standards applicable to storers of materials that are
			 to be used in a manner that constitutes disposal who are not the ultimate
			 users
Owners or operators of facilities that store recyclable
				materials that are to be used in a manner that constitutes disposal, but who
				are not the ultimate users of the materials, are regulated under all applicable
				provisions of subsections A through L of Sections 264, 265, 267 and Section 270
				of this rule and the notification requirement under Section 3010 of
				RCRA.
§ 266.23
Standards applicable to users of materials that are used in a manner that
			 constitutes disposal
(a) Owners or
			 operators of facilities that use recyclable materials in a manner that
			 constitutes disposal are regulated under all applicable provisions of subparts
			 A through N of Sections 264, 265, 268, and Section 270 of this rule and the
			 notification requirement under Section 3010 of RCRA. (These requirements do not
			 apply to products which contain these recyclable materials under the provisions
			 of § 266.20(b) of this rule.)
(b) The use of waste or used oil or other
			 material, which is contaminated with dioxin or any other hazardous waste (other
			 than a waste identified solely on the basis of ignitability), for dust
			 suppression or road treatment is prohibited.
Subsection D
--
			 [Reserved]
Subsection E
[Reserved]
Subsection F
-- Recyclable Materials Utilized for Precious Metal Recovery
§ 266.70
Applicability and
			 requirements
(a) The rules of this
			 subsection apply to recyclable materials that are reclaimed to recover
			 economically significant amounts of gold, silver, platinum, palladium, iridium,
			 osmium, rhodium,
ruthenium, or any combination of these.
(b) Persons who generate, transport, or store
			 recyclable materials that are regulated under this subsection are subject to
			 the following requirements:
(1) Notification
			 requirements under Section 3010 of RCRA;
(2) Subsection B of Section 262 (for
			 generators), §263.20 and §263.21 (for transporters), and §265.71
			 and §265.72 (for persons who store) of this rule; and
(3) For precious metals exported to or
			 imported from other countries for recovery, subsection H of Section 262 and
			 § 265.12 of this rule.
(c) Persons who store recycled materials that
			 are regulated under this subsection must keep the following records to document
			 that they are not accumulating these materials speculatively (as defined in
			 § 261.1(c) of this rule);
(1) Records
			 showing the volume of these materials stored at the beginning of the calendar
			 year;
(2) The amount of these
			 materials generated or received during the calendar year; and
(3) The amount of materials remaining at the
			 end of the calendar year.
(d) Recyclable materials that are regulated
			 under this subsection that are accumulated speculatively (as defined in §
			 261.1(c) of this rule) are subject to all applicable provisions of Sections 262
			 through 265, 267, and 270 of this rule and 40 CFR 124.
Subsection G
--
			 Spent Lead-Acid Batteries Being Reclaimed
§
			 266.80
Applicability and requirements
(a) Are spent lead-acid batteries exempt from
			 hazardous waste management requirements? If you generate, collect, transport,
			 store, or regenerate lead-acid batteries for reclamation purposes, you may be
			 exempt from certain hazardous waste management requirements. Use the following
			 table to determine which requirements apply to you. Alternatively, you may
			 choose to manage your spent lead-acid batteries under the "Universal Waste"
			 rule in Section 273.
(b) If I store
			 spent lead-acid batteries before I reclaim them but not through regeneration,
			 which requirements apply? The requirements of paragraph (b) of this section
			 apply to you if you store spent lead-acid batteries before you reclaim them,
			 but you don't reclaim them through regeneration. The requirements are slightly
			 different depending on your RCRA permit status.
(1) For Interim Status Facilities, you must
			 comply with:
(i) Notification requirements
			 under section 3010 of RCRA.
(ii)
			 All applicable provisions in subsection A of Section 265 of this
			 rule.
(iii) All applicable
			 provisions in subsection B of Section 265 of this rule, except § 265.13
			 (waste analysis).
(iv) All
			 applicable provisions in subsections C and D of Section 265 of this
			 rule.
(v) All applicable provisions
			 in subsection E of Section 265 of this rule, except §§ 265.71 and
			 265.72 (dealing with the use of the manifest and manifest
			 discrepancies).
(vi) All applicable
			 provisions in subsections F through L of Section 265 of this rule.
(vii) All applicable provisions in Section
			 270 of this rule and 40 CFR 124.
(vii) All applicable provisions in Section
			 267 of this rule.
(2)
			 For Permitted Facilities.
(i) Notification
			 requirements under section 3010 of RCRA.
(ii) All applicable provisions in subsection
			 A of Section 264 of this rule.
(iii) All applicable provisions in subpart B
			 of Section 264 of this rule (but not § 264.13 (waste analysis).
(iv) All applicable provisions in subsections
			 C and D of Section 264 of this rule.
(v) All applicable provisions in subsection E
			 of Section 264 of this rule (but not § 264.71 or § 264.72 (dealing
			 with the use of the manifest and manifest discrepancies).
(vi) All applicable provisions in subsections
			 F through L of Section 264 of this rule.
(vii) All applicable provisions in Section
			 270 of this rule and 40 CFR 124.
(vii) All applicable provisions in Section
			 267 of this rule.
§ 266.80(a) Table:
. . .. .. . If your batteries
And if you
Then you .
.. . And you
(1) Will be reclaimed through regeneration (such as by
						  electrolyte replacement).
..
.are exempt from §§ 262 (except for §
						  262.11), 263, 264, 265, 266, 268, and 270 of this rule, and the notification
						  requirements at § 3010 of RCRA.
... are subject to § 261 and § 262.11 of this
						  rule.
(2) Will be reclaimed other than through
						  regeneration.
generate, collect, and/or transport these
						  batteries.
.. are exempt from Sections 262 (except for §
						  262.11), 263, 264, 265, 266, and 270 of this rule, and the notification
						  requirements at § 3010 of RCRA.
... are subject to § 261 and § 262.11, and
						  applicable provisions under § 268.
(3) Will be reclaimed other than through
						  regeneration.
store these batteries but you aren't the
						  reclaimer.
.. are exempt from §§ 262 (except for §
						  262.11), 263, 264, 265, 266, and 270 of this rule, and the notification
						  requirements at § 3010 of RCRA.
... are subject to § 261 and § 262.11, and
						  applicable provisions under § 268.
(4) Will be reclaimed other than through
						  regeneration.
store these batteries before you reclaim them.
must comply with § 266.80(b) and as appropriate
						  other regulatory provisions described in § 266.80(b).
... are subject to § 261, § 262.11, and
						  applicable provisions under § 268.
(5) Will be reclaimed other than through
						  regeneration.
don't store these batteries before you reclaim
						  them.
... are exempt from §§ 262 (except for §
						  262.11), 263, 264, 265, 266, and 270 of this rule, and the notification
						  requirements at § 3010 of RCRA.
... are subject to § 261, § 262.11, and
						  applicable provisions under § 268.
(6) Will be reclaimed through regeneration or any other
						  means.
export these batteries for reclamation in a foreign
						  country.
... are exempt from §§ 262 (except for §
						  262.11, § 262.18 and subsection H), 263, 264, 265, 266, 268, and 270 of
						  this rule, 40 CFR Part 124, and the notification requirements at Section 3010
						  of RCRA.
... are subject to § 261, § 262.11, §
						  262.18 and § 262, subsection H of this rule.
(7) Will be reclaimed through regeneration or any other
						  means.
Transport these batteries in the U.S. to export them
						  for reclamation in a foreign country.
.are exempt from §§
263,264,265,266,268, and 270 of this rule, 40 CFR Part
						  124, and the notification requirements at section 3010 of RCRA.
.must comply with applicable requirements in §
						  262, subsection H of this rule.
(8) Will be reclaimed other than through
						  regeneration
Import these batteries from foreign country and store
						  these batteries but you aren't the reclaimer
are exempt from sections 262 (except for § 262.11,
						  § 262.18 and subsection H), 263, 264, 265, 266, 270, of this section, 40
						  CFR Part 124, and the notification requirements at section 3010 of RCRA
are subject to sections 261, § 262.11, §
						  262.18, part 262 subsection H, and applicable provisions under section
						  268.
(9) Will be reclaimed other than through
						  regeneration
Import these batteries from foreign country and store
						  these batteries before you reclaim them
must comply with 266.80(b) and as appropriate other
						  regulatory provisions described in 266.80(b)
are subject to sections 261, § 262.11, §
						  262.18, section 262 subsection H, and applicable provisions under 268.
(10) Will be reclaimed other than through
						  regeneration
Import these batteries from foreign country and don't
						  store these batteries before you reclaim them
are exempt from sections 262 (except for § 262.11,
						  § 262.18 and subsection H), 263, 264, 265, 266, 270, 124 of this section,
						  40 CFR Part 124, and the notification requirements at section 3010 of
						  RCRA
are subject to sections 261, § 262.11, §
						  262.18, part 262 subsection H, and applicable provisions under 268.
Subsection H
-
			 Hazardous Waste Burned in Boilers and Industrial Furnaces
§ 266.100
Applicability
(a) The rules of this subsection apply to
			 hazardous waste burned or processed in a boiler or industrial furnace (as
			 defined in § 260.10 of this rule) irrespective of the purpose of burning
			 or processing, except as provided by paragraphs (b), (c), (d), (g), and (h) of
			 this subsection. In this subpart, the term "burn" means burning for energy
			 recovery or destruction, or processing for materials recovery or as an
			 ingredient. The emissions standards of §§ 266.104, 266.105, 266.106,
			 and 266.107 apply to facilities operating under interim status or under a RCRA
			 permit as specified in §§ 266.102 and 266.103.
(b) Integration of the MACT standards.
(1) Except as provided by paragraphs (b)(2),
			 (b)(3), and (b)(4) of this subsection, the standards of this section do not
			 apply to a new hazardous waste boiler or industrial furnace unit that becomes
			 subject to RCRA permit requirements after October 12, 2005; or no longer apply
			 when an owner or operator of an existing hazardous waste boiler or industrial
			 furnace unit demonstrates compliance with the maximum achievable control
			 technology (MACT) requirements of 40 CFR Part 63, Subpart EEE, by conducting a
			 comprehensive performance test and submitting to the Director a Notification of
			 Compliance under
			 40 CFR
			 63.1207(j) and
			 63.1210(d)
			 documenting compliance with the requirements of 40 CFR Part 63, Subpart EEE.
			 Nevertheless, even after this demonstration of compliance with the MACT
			 standards, RCRA permit conditions that were based on the standards of this part
			 will continue to be in effect until they are removed from the permit or the
			 permit is terminated or revoked, unless the permit expressly provides
			 otherwise.
(2) The following
			 standards continue to apply:
(i) If you elect
			 to comply with § 270.235(a)(1)(i) of this rule to minimize emissions of
			 toxic compounds from startup, shutdown, and malfunction events, §
			 266.102(e)(1) requiring operations in accordance with the operating
			 requirements specified in the permit at all times that hazardous waste is in
			 the unit, and § 266.102(e)(2)(iii) requiring compliance with the emission
			 standards and operating requirements during startup and shutdown if hazardous
			 waste is in the combustion chamber, except for particular hazardous wastes.
			 These provisions apply only during startup, shutdown, and malfunction
			 events;
(ii) The closure
			 requirements of §§ 266.102(e)(11) and 266.103(l);
(iii) The standards for direct transfer of
			 § 266.111;
(iv) The standards
			 for rule of residues of § 266.112; and
(v) The applicable requirements of
			 subsections A through H, BB and CC of sections 264 and 265 of this
			 rule.
(3) If you own or
			 operate a boiler or hydrochloric acid production furnace that is an area source
			 under
			 40
			 CFR §
														63.2 and you elect not to comply
			 with the emission standards under
			 40
			 CFR §§
														63.1216,
			 63.1217,
			 and
			 63.1218
			 for particulate matter, semi-volatile and low volatile metals, and total
			 chlorine, you also remain subject to:
(i)
			 Section 266.105 of this rule -Standards to control particulate
			 matter;
(ii) Section 266.106 of
			 this rule -Standards to control metals emissions, except for mercury;
			 and
(iii) Section 266.107 of this
			 rule -Standards to control hydrogen chloride and chlorine gas.
(4) The particulate matter
			 standard of § 266.105 remains in effect for boilers that elect to comply
			 with the alternative to the particulate matter standard under
			 40
			 CFR §§
														63.1216(e)
			 and
			 63.1217(e).
(c) The following hazardous wastes
			 and facilities are not subject to rule under this subsection:
(1) Used oil burned for energy recovery that
			 is also a hazardous waste solely because it exhibits a characteristic of
			 hazardous waste identified in subsection C of section 261 of this rule. Such
			 used oil is subject to rule under Section 279 of this rule;
(2) Gas recovered from hazardous or solid
			 waste landfills when such gas is burned for energy recovery;
(3) Hazardous wastes that are exempt from
			 rule under §§ 261.4 and 261.6(a)(3) (iii) and (iv) of this rule, and
			 hazardous wastes that are subject to the special requirements for conditionally
			 exempt small quantity generators under § 261.5 of this rule; and
(4) Coke ovens, if the only hazardous waste
			 burned is EPA Hazardous Waste No. K087, decanter tank tar sludge from coking
			 operations.
(d) Owners
			 and operators of smelting, melting, and refining furnaces (including
			 pyrometallurgical devices such as cupolas, sintering machines, roasters, and
			 foundry furnaces, but not including cement kilns, aggregate kilns, or halogen
			 acid furnaces burning hazardous waste) that process hazardous waste solely for
			 metal recovery are conditionally exempt from rule under this subpart, except
			 for §§ 266.101 and 266.112.
(1) To
			 be exempt from §§ 266.102 through 266.111, an owner or operator of a
			 metal recovery furnace or mercury recovery furnace must comply with the
			 following requirements, except that an owner or operator of a lead or a
			 nickel-chromium recovery furnace, or a metal recovery furnace that burns
			 baghouse bags used to capture metallic dusts emitted by steel manufacturing,
			 must comply with the requirements of paragraph (d)(3) of this section, and
			 owners or operators of lead recovery furnaces that are subject to rule under
			 the Secondary Lead Smelting NESHAP must comply with the requirements of
			 paragraph (h) of this section.
(i) Provide a
			 one-time written notice to the Director indicating the following:
(A) The owner or operator claims exemption
			 under this paragraph;
(B) The
			 hazardous waste is burned solely for metal recovery consistent with the
			 provisions of paragraph (d)(2) of this section;
(C) The hazardous waste contains recoverable
			 levels of metals; and
(D) The owner
			 or operator will comply with the sampling and analysis and recordkeeping
			 requirements of this paragraph;
(ii) Sample and analyze the hazardous waste
			 and other feedstocks as necessary to comply with the requirements of this
			 paragraph by using appropriate methods; and
(iii) Maintain at the facility for at least
			 three years records to document compliance with the provisions of this
			 paragraph including limits on levels of toxic organic constituents and BTU
			 value of the waste, and levels of recoverable metals in the hazardous waste
			 compared to normal nonhazardous waste feedstocks.
(2) A hazardous waste meeting either of the
			 following criteria is not processed solely for metal recovery:
(i) The hazardous waste has a total
			 concentration of organic compounds listed in Section 261, Appendix VIII, of
			 this rule exceeding 500 ppm by weight, as-fired, and so is considered to be
			 burned for destruction. The concentration of organic compounds in a waste
			 as-generated may be reduced to the 500 ppm limit by
bona fide
treatment that removes or destroys organic constituents. Blending for dilution
			 to meet the 500 ppm limit is prohibited and documentation that the waste has
			 not been impermissibly diluted must be retained in the records required by
			 paragraph (d)(1)(iii) of this subsection; or
(ii) The hazardous waste has a heating value
			 of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel.
			 The heating value of a waste as-generated may be reduced to below the 5,000
			 Btu/lb limit by
bona fide
treatment that removes or destroys
			 organic constituents. Blending for dilution to meet the 5,000 Btu/lb limit is
			 prohibited and documentation that the waste has not been impermissibly diluted
			 must be retained in the records required by paragraph (d)(1)(iii) of this
			 subsection.
(3) To be
			 exempt from §§ 266.102 through 266.111, an owner or operator of a
			 lead or nickel-chromium or mercury recovery furnace (except for owners or
			 operators of lead recovery furnaces subject to rule under the Secondary Lead
			 Smelting NESHAP) or a metal recovery furnace that burns baghouse bags used to
			 capture metallic dusts emitted by steel manufacturing, must provide a one-time
			 written notice to the Director identifying each hazardous waste burned and
			 specifying whether the owner or operator claims an exemption for each waste
			 under this paragraph or paragraph (d)(1) of this subsection. The owners or
			 operator must comply with the requirements of paragraph (d)(1) of this section
			 for those wastes claimed to be exempt under that paragraph and must comply with
			 the requirements below for those wastes claimed to be exempt under this
			 paragraph (d)(3).
(i) The hazardous wastes
			 listed in Appendices XI, XII, and XIII, Section 266, and baghouse bags used to
			 capture metallic dusts emitted by steel manufacturing are exempt from the
			 requirements of paragraph (d)(1) of this subsection, provided that:
(A) A waste listed in appendix XI of this
			 section must contain recoverable levels of lead, a waste listed in Appendix XII
			 of this section must contain recoverable levels of nickel or chromium, a waste
			 listed in Appendix XIII of this section must contain recoverable levels of
			 mercury and contain less than 500 ppm of Section 261, Appendix VIII organic
			 constituents, and baghouse bags used to capture metallic dusts emitted by steel
			 manufacturing must contain recoverable levels of metal; and
(B) The waste does not exhibit the Toxicity
			 Characteristic of § 261.24 of this rule for an organic constituent;
			 and
(C) The waste is not a
			 hazardous waste listed in subsection D of Section 261 of this rule because it
			 is listed for an organic constituent as identified in Appendix VII of Section
			 261 of this rule; and
(D) The owner
			 or operator certifies in the one-time notice that hazardous waste is burned
			 under the provisions of paragraph (d)(3) of this subsection and that sampling
			 and analysis will be conducted or other information will be obtained as
			 necessary to ensure continued compliance with these requirements. Sampling and
			 analysis shall be conducted according to paragraph (d)(1)(ii) of this
			 subsection and records to document compliance with paragraph (d)(3) of this
			 subsection shall be kept for at least three years.
(ii) The Director may decide on a
			 case-by-case basis that the toxic organic constituents in a material listed in
			 Appendix XI, XII, or XIII of this section that contains a total concentration
			 of more than 500 ppm toxic organic compounds listed in Appendix VIII, Section
			 261 of this rule, may pose a hazard to human health and the environment when
			 burned in a metal recovery furnace exempt from the requirements of this
			 subsection. In that situation, after adequate notice and opportunity for
			 comment, the metal recovery furnace will become subject to the requirements of
			 this subpart when burning that material. In making the hazard determination,
			 the Director will consider the following factors:
(A) The concentration and toxicity of organic
			 constituents in the material; and
(B) The level of destruction of toxic organic
			 constituents provided by the furnace; and
(C) Whether the acceptable ambient levels
			 established in Appendices IV or V of this section may be exceeded for any toxic
			 organic compound that may be emitted based on dispersion modeling to predict
			 the maximum annual average off-site ground level concentration.
(e) The
			 standards for direct transfer operations under § 266.111 apply only to
			 facilities subject to the permit standards of § 266.102 or the interim
			 status standards of § 266.103.
(f) The management standards for residues
			 under § 266.112 apply to any boiler or industrial furnace burning
			 hazardous waste.
(g) Owners and
			 operators of smelting, melting, and refining furnaces (including
			 pyrometallurgical devices such as cupolas, sintering machines, roasters, and
			 foundry furnaces) that process hazardous waste for recovery of economically
			 significant amounts of the precious metals gold, silver, platinum, palladium,
			 iridium, osmium, rhodium, or ruthenium, or any combination of these are
			 conditionally exempt from rule under this subpart, except for § 266.112.
			 To be exempt from §§ 266.101 through 266.111, an owner or operator
			 must:
(1) Provide a one-time written notice
			 to the Director indicating the following:
(i)
			 The owner or operator claims exemption under this paragraph;
(ii) The hazardous waste is burned for
			 legitimate recovery of precious metal; and (iii) The owner or operator will
			 comply with the sampling and analysis and recordkeeping requirements of this
			 paragraph; and
(2)
			 Sample and analyze the hazardous waste as necessary to document that the waste
			 contains economically significant amounts of the metals and that the treatment
			 recovers economically significant amounts of precious metal; and
(3) Maintain at the facility for at least
			 three years records to document that all hazardous wastes burned are burned for
			 recovery of economically significant amounts of precious metal.
(h) Starting June 23, 1997, owners
			 or operators of lead recovery furnaces that process hazardous waste for
			 recovery of lead and that are subject to rule under the Secondary Lead Smelting
			 NESHAP, are conditionally exempt from rule under this subpart, except for
			 § 266.101. To be exempt, an owner or operator must provide a one-time
			 notice to the Director identifying each hazardous waste burned and specifying
			 that the owner or operator claims an exemption under this paragraph. The notice
			 also must state that the waste burned has a total concentration of non-metal
			 compounds listed in Section 261, Appendix VIII, of this rule of less than 500
			 ppm by weight, as fired and as provided in paragraph (d)(2)(i) of this
			 subsection, or is listed in Appendix XI to this Section 266.
§ 266.101
Management
			 prior to burning
(a) Generators.
			 Generators of hazardous waste that is burned in a boiler or industrial furnace
			 are subject to section 262 of this rule.
(b) Transporters. Transporters of hazardous
			 waste that is burned in a boiler or industrial furnace are subject to section
			 263 of this rule.
(c) Storage
			 Facilities.
(1) Owners and operators of
			 facilities that store or treat hazardous waste that is burned in a boiler or
			 industrial furnace are subject to the applicable provisions of Sections 264,
			 265, 267, and 270 of this rule, except as provided by paragraph (c)(2) of this
			 section. These standards apply to storage and treatment by the burner as well
			 as to storage and treatment facilities operated by intermediaries (processors,
			 blenders, distributors, etc.) between the generator and the burner.
(2) Owners and operators of facilities that
			 burn, in an onsite boiler or industrial furnace exempt from rule under the
			 small quantity burner provisions of § 266.108, hazardous waste that they
			 generate are exempt from the rules of Sections 264, 265, 267 and 270 of this
			 rule applicable to storage units for those storage units that store mixtures of
			 hazardous waste and the primary fuel to the boiler or industrial furnace in
			 tanks that feed the fuel mixture directly to the burner. Storage of hazardous
			 waste prior to mixing with the primary fuel is subject to rule as prescribed in
			 paragraph (c)(1) of this subsection.
§ 266.102
Permit standards for
			 burners
(a) Applicability-
(1) General. Owners and operators of boilers
			 and industrial furnaces burning hazardous waste and not operating under interim
			 status must comply with the requirements of this section and §§
			 270.22 and 270.66 of this rule, unless exempt under the small quantity burner
			 exemption of § 266.108.
(2)
			 Applicability of Section 264 standards. Owners and operators of boilers and
			 industrial furnaces that burn hazardous waste are subject to the following
			 provisions of section 264 of this rule, except as provided otherwise by this
			 subpart:
(i) In subsection A (General),
			 264.4;
(ii) In subsection B
			 (General Facility Standards), §§ 264.11-264.18;
(iii) In subsection C (Preparedness and
			 Prevention), §§ 264.31-264.37;
(iv) In subsection D (Contingency Plan and
			 Emergency Procedures), §§ 264.51-264.56;
(v) In subsection E (Manifest System,
			 recordkeeping, and reporting), the applicable provisions of §§
			 264.71-264.77;
(vi) In subsection F
			 (Releases From Solid Waste Management Units), §§ 264.90 and
			 264.101;
(vii) In subsection G
			 (Closure and post-closure), §§ 264.111-264.115;
(viii) In subsection H (Financial
			 requirements), §§ 264.141, 264.142, 264.143, and 264.147-264.151,
			 except that States and the Federal government are exempt from the requirements
			 of subsection H; and
(ix)
			 Subsection BB (Air emission standards for equipment leaks), except §§
			 264.1050(a).
(b) Hazardous waste analysis.
(1) The owner or operator must provide an
			 analysis of the hazardous waste that quantifies the concentration of any
			 constituent identified in appendix VIII of Section 261 of this Rule that may
			 reasonably be expected to be in the waste. Such constituents must be identified
			 and quantified if present, at levels detectable by using appropriate analytical
			 procedures. The appendix VIII, Section 261 constituents excluded from this
			 analysis must be identified and the basis for their exclusion explained. This
			 analysis will be used to provide all information required by this Subsection
			 and §§ 270.22 and 270.66 of this Rule and to enable the permit writer
			 to prescribe such permit conditions as necessary to protect human health and
			 the environment. Such analysis must be included as a portion of the part B
			 permit application, or, for facilities operating under the interim status
			 standards of this Subsection, as a portion of the trial burn plan that may be
			 submitted before the part B application under provisions of § 270.66(g) of
			 this Rule as well as any other analysis required by the permit authority in
			 preparing the permit. Owners and operators of boilers and industrial furnaces
			 not operating under the interim status standards must provide the information
			 required by §§ 270.22 or 270.66(c) of this Rule in the part B
			 application to the greatest extent possible.
(2) Throughout normal operation, the owner or
			 operator must conduct sampling and analysis as necessary to ensure that the
			 hazardous waste, other fuels, and industrial furnace feedstocks fired into the
			 boiler or industrial furnace are within the physical and chemical composition
			 limits specified in the permit.
(c) Emissions standards. Owners and operators
			 must comply with emissions standards provided by §§ 266.104 through
			 266.107.
(d) Permits.
(1) The owner or operator may burn only
			 hazardous wastes specified in the facility permit and only under the operating
			 conditions specified under paragraph (e) of this section, except in approved
			 trial burns under the conditions specified in § 270.66 of this
			 rule.
(2) Hazardous wastes not
			 specified in the permit may not be burned until operating conditions have been
			 specified under a new permit or permit modification, as applicable. Operating
			 requirements for new wastes may be based on either trial burn results or
			 alternative data included with part B of a permit application under §
			 270.22 of this rule.
(3) Boilers
			 and industrial furnaces operating under the interim status standards of §
			 266.103 are permitted under procedures provided by § 270.66(g) of this
			 rule.
(4) A permit for a new boiler
			 or industrial furnace (those boilers and industrial furnaces not operating
			 under the interim status standards) must establish appropriate conditions for
			 each of the applicable requirements of this section, including but not limited
			 to allowable hazardous waste firing rates and operating conditions necessary to
			 meet the requirements of paragraph (e) of this section, in order to comply with
			 the following standards:
(i) For the period
			 beginning with initial introduction of hazardous waste and ending with
			 initiation of the trial burn, and only for the minimum time required to bring
			 the device to a point of operational readiness to conduct a trial burn, not to
			 exceed a duration of 720 hours operating time when burning hazardous waste, the
			 operating requirements must be those most likely to ensure compliance with the
			 emission standards of §§ 266.104 through 266.107, based on the
			 Director's engineering judgment. If the applicant is seeking a waiver from a
			 trial burn to demonstrate conformance with a particular emission standard, the
			 operating requirements during this initial period of operation shall include
			 those specified by the applicable provisions of § 266.104, § 266.105,
			 § 266.106, or § 266.107. The Director may extend the duration of this
			 period for up to 720 additional hours when good cause for the extension is
			 demonstrated by the applicant.
(ii)
			 For the duration of the trial burn, the operating requirements must be
			 sufficient to demonstrate compliance with the emissions standards of
			 §§ 266.104 through 266.107 and must be in accordance with the
			 approved trial burn plan;
(iii) For
			 the period immediately following completion of the trial burn, and only for the
			 minimum period sufficient to allow sample analysis, data computation,
			 submission of the trial burn results by the applicant, review of the trial burn
			 results and modification of the facility permit by the Director to reflect the
			 trial burn results, the operating requirements must be those most likely to
			 ensure compliance with the emission standards §§ 266.104 through
			 266.107 based on the Director's engineering judgment.
(iv) For the remaining duration of the
			 permit, the operating requirements must be those demonstrated in a trial burn
			 or by alternative data specified in § 270.22 of this rule, as sufficient
			 to ensure compliance with the emissions standards of §§ 266.104
			 through 266.107.
(e) Operating requirements -
(1)
			 General. A boiler or industrial furnace burning hazardous waste must be
			 operated in accordance with the operating requirements specified in the permit
			 at all times where there is hazardous waste in the unit.
(2) Requirements to ensure compliance with
			 the organic emissions standards-
(i) DRE
			 standard. Operating conditions will be specified either on a case-by-case basis
			 for each hazardous waste burned as those demonstrated (in a trial burn or by
			 alternative data as specified in § 270.22) to be sufficient to comply with
			 the destruction and removal efficiency (DRE) performance standard of §
			 266.104(a) or as those special operating requirements provided by §
			 266.104(a)(4) for the waiver of the DRE trial burn. When the DRE trial burn is
			 not waived under § 266.104(a)(4), each set of operating requirements will
			 specify the composition of the hazardous waste (including acceptable variations
			 in the physical and chemical properties of the hazardous waste which will not
			 affect compliance with the DRE performance standard) to which the operating
			 requirements apply. For each such hazardous waste, the permit will specify
			 acceptable operating limits including, but not limited to, the following
			 conditions as appropriate:
(A) Feed rate of
			 hazardous waste and other fuels measured and specified as prescribed in
			 paragraph (e)(6) of this section;
(B) Minimum and maximum device production
			 rate when producing normal product expressed in appropriate units, measured and
			 specified as prescribed in paragraph (e)(6) of this section;
(C) Appropriate controls of the hazardous
			 waste firing system;
(D) Allowable
			 variation in boiler and industrial furnace system design or operating
			 procedures;
(E) Minimum combustion
			 gas temperature measured at a location indicative of combustion chamber
			 temperature, measured and specified as prescribed in paragraph (e)(6) of this
			 section;
(F) An appropriate
			 indicator of combustion gas velocity, measured and specified as prescribed in
			 paragraph (e)(6) of this section, unless documentation is provided under §
			 270.66 of this rule demonstrating adequate combustion gas residence time;
			 and
(G) Such other operating
			 requirements as are necessary to ensure that the DRE performance standard of
			 § 266.104(a) is met.
(ii) Carbon monoxide and hydrocarbon
			 standards. The permit must incorporate a carbon monoxide (CO) limit and, as
			 appropriate, a hydrocarbon (HC) limit as provided by paragraphs (b), (c), (d),
			 (e) and (f) of § 266.104. The permit limits will be specified as follows:
(A) When complying with the CO standard of
			 § 266.104(b)(1), the permit limit is 100 ppmv;
(B) When complying with the alternative CO
			 standard under § 266.104(c), the permit limit for CO is based on the trial
			 burn and is established as the average over all valid runs of the highest
			 hourly rolling average CO level of each run, and the permit limit for HC is 20
			 ppmv (as defined in § 266.104(c)(1)), except as provided in §
			 266.104(f).
(C) When complying with
			 the alternative HC limit for industrial furnaces under § 266.104(f), the
			 permit limit for HC and CO is the baseline level when hazardous waste is not
			 burned as specified by that paragraph.
(iii) Start-up and shut-down. During start-up
			 and shut-down of the boiler or industrial furnace, hazardous waste (except
			 waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed
			 rate screening limits for metals and chloride/chlorine, and except low risk
			 waste exempt from the trial burn requirements under §§ 266.104(a)(5),
			 266.105, 266.106, and 266.107) must not be fed into the device unless the
			 device is operating within the conditions of operation specified in the permit.
(3)  Requirements to
			 ensure conformance with the particulate standard.
(i) Except as provided in paragraphs (e)(3)
			 (ii) and (iii) of this section, the permit shall specify the following
			 operating requirements to ensure conformance with the particulate standard
			 specified in § 266.105:
(A) Total ash
			 feed rate to the device from hazardous waste, other fuels, and industrial
			 furnace feedstocks, measured and specified as prescribed in paragraph (e)(6) of
			 this section;
(B) Maximum device
			 production rate when producing normal product expressed in appropriate units,
			 and measured and specified as prescribed in paragraph (e)(6) of this
			 section;
(C) Appropriate controls
			 on operation and maintenance of the hazardous waste firing system and any air
			 pollution control system;
(D)
			 Allowable variation in boiler and industrial furnace system design including
			 any air pollution control system or operating procedures; and
(E) Such other operating requirements as are
			 necessary to ensure that the particulate standard in § 266.105(a) is
			 met.
(ii) Permit
			 conditions to ensure conformance with the particulate matter standard shall not
			 be provided for facilities exempt from the particulate matter standard under
			 § 266.105(b);
(iii) For cement
			 kilns and light-weight aggregate kilns, permit conditions to ensure compliance
			 with the particulate standard shall not limit the ash content of hazardous
			 waste or other feed materials.
(4) Requirements to ensure conformance with
			 the metals emissions standard.
(i) For
			 conformance with the Tier I (or adjusted Tier I) metals feed rate screening
			 limits of paragraphs (b) or (e) of § 266.106, the permit shall specify the
			 following operating requirements:
(A) Total
			 feed rate of each metal in hazardous waste, other fuels, and industrial furnace
			 feedstocks measured and specified under provisions of paragraph (e)(6) of this
			 section;
(B) Total feed rate of
			 hazardous waste measured and specified as prescribed in paragraph (e)(6) of
			 this section;
(C) A sampling and
			 metals analysis program for the hazardous waste, other fuels, and industrial
			 furnace feedstocks;
(ii)
			 For conformance with the Tier II metals emission rate screening limits under
			 § 266.106(c) and the Tier III metals controls under § 266.106(d), the
			 permit shall specify the following operating requirements:
(A) Maximum emission rate for each metal
			 specified as the average emission rate during the trial burn;
(B) Feed rate of total hazardous waste and
			 pumpable hazardous waste, each measured and specified as prescribed in
			 paragraph (e)(6)(i) of this section;
(C) Feed rate of each metal in the following
			 feedstreams, measured and specified as prescribed in paragraphs (e)(6) of this
			 section:
(1) Total feed streams;
(2) Total hazardous waste feed; and
(3) Total pumpable hazardous waste
			 feed;
(D) Total feed
			 rate of chlorine and chloride in total feed streams measured and specified as
			 prescribed in paragraph (e)(6) of this section;
(E) Maximum combustion gas temperature
			 measured at a location indicative of combustion chamber temperature, and
			 measured and specified as prescribed in paragraph (e)(6) of this
			 section;
(F) Maximum flue gas
			 temperature at the inlet to the particulate matter air pollution control system
			 measured and specified as prescribed in paragraph (e)(6) of this
			 section;
(G) Maximum device
			 production rate when producing normal product expressed in appropriate units
			 and measured and specified as prescribed in paragraph (e)(6) of this
			 section;
(H) Appropriate controls
			 on operation and maintenance of the hazardous waste firing system and any air
			 pollution control system;
(I)
			 Allowable variation in boiler and industrial furnace system design including
			 any air pollution control system or operating procedures; and
(J) Such other operating requirements as are
			 necessary to ensure that the metals standards under §§ 266.106(c) or
			 266.106(d) are met.
(iii)
			  For conformance with an alternative implementation approach
			 approved by the Director under § 266.106(f), the permit will specify the
			 following operating requirements:
(A) Maximum
			 emission rate for each metal specified as the average emission rate during the
			 trial burn;
(B) Feed rate of total
			 hazardous waste and pumpable hazardous waste, each measured and specified as
			 prescribed in paragraph (e)(6)(i) of this section;
(C) Feed rate of each metal in the following
			 feedstreams, measured and specified as prescribed in paragraph (e)(6) of this
			 section:
(1) Total hazardous waste feed;
			 and
(2) Total pumpable hazardous
			 waste feed;
(D) Total
			 feed rate of chlorine and chloride in total feed streams measured and specified
			 prescribed in paragraph (e)(6) of this section;
(E) Maximum combustion gas temperature
			 measured at a location indicative of combustion chamber temperature, and
			 measured and specified as prescribed in paragraph (e)(6) of this
			 section;
(F) Maximum flue gas
			 temperature at the inlet to the particulate matter air pollution control system
			 measured and specified as prescribed in paragraph (e)(6) of this
			 section;
(G) Maximum device
			 production rate when producing normal product expressed in appropriate units
			 and measured and specified as prescribed in paragraph (e)(6) of this
			 section;
(H) Appropriate controls
			 on operation and maintenance of the hazardous waste firing system and any air
			 pollution control system;
(I)
			 Allowable variation in boiler and industrial furnace system design including
			 any air pollution control system or operating procedures; and
(J) Such other operating requirements as are
			 necessary to ensure that the metals standards under §§ 266.106(c) or
			 266.106(d) are met.
(5)
			  Requirements to ensure conformance with the hydrogen chloride and
			 chlorine gas standards.
(i) For conformance
			 with the Tier I total chloride and chlorine feed rate screening limits of
			 § 266.107(b)(1), the permit will specify the following operating
			 requirements:
(A) Feed rate of total chloride
			 and chlorine in hazardous waste, other fuels, and industrial furnace feedstocks
			 measured and specified as prescribed in paragraph (e)(6) of this
			 section;
(B) Feed rate of total
			 hazardous waste measured and specified as prescribed in paragraph (e)(6) of
			 this section;
(C) A sampling and
			 analysis program for total chloride and chlorine for the hazardous waste, other
			 fuels, and industrial furnace feedstocks;
(ii) For conformance with the Tier II HCl and
			 Cl2 emission rate screening limits under § 266.107(b)(2) and the Tier III
			 HCl and Cl2 controls under § 266.107(c), the permit
			 will specify the following operating requirements:
(A) Maximum emission rate for HCl and for
			 Cl2 specified as the average emission rate during the
			 trial burn;
(B) Feed rate of total
			 hazardous waste measured and specified as prescribed in paragraph (e)(6) of
			 this section;
(C) Total feed rate
			 of chlorine and chloride in total feed streams, measured and specified as
			 prescribed in paragraph (e)(6) of this section;
(D) Maximum device production rate when
			 producing normal product expressed in appropriate units, measured and specified
			 as prescribed in paragraph (e)(6) of this section;
(E) Appropriate controls on operation and
			 maintenance of the hazardous waste firing system and any air pollution control
			 system;
(F) Allowable variation in
			 boiler and industrial furnace system design including any air pollution control
			 system or operating procedures; and
(G) Such other operating requirements as are
			 necessary to ensure that the HCl and Cl2 standards under
			 § 266.107 (b)(2) or (c) are met.
(6) Measuring parameters and establishing
			 limits based on trial burn data-
(i) General
			 requirements. As specified in paragraphs (e)(2) through (e)(5) of this section,
			 each operating parameter shall be measured, and permit limits on the parameter
			 shall be established, according to either of the following procedures:
(A) Instantaneous limits. A parameter may be
			 measured and recorded on an instantaneous basis (i.e., the value that occurs at
			 any time) and the permit limit specified as the time-weighted average during
			 all valid runs of the trial burn; or
(B) Hourly rolling average.
(1) The limit for a parameter may be
			 established and continuously monitored on an hourly rolling average basis
			 defined as follows:
(i) A continuous monitor
			 is one which continuously samples the regulated parameter without interruption,
			 and evaluates the detector response at least once each 15 seconds, and computes
			 and records the average value at least every 60 seconds.
(ii) An hourly rolling average is the
			 arithmetic mean of the 60 most recent 1-minute average values recorded by the
			 continuous monitoring system.
(2) The permit limit for the parameter shall
			 be established based on trial burn data as the average over all valid test runs
			 of the highest hourly rolling average value for each run.
(ii) Rolling average
			 limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic
			 metals (i.e., arsenic, beryllium, cadmium and chromium) and lead may be
			 established either on an hourly rolling average basis as prescribed by
			 paragraph (e)(6)(i) of this section or on (up to) a 24 hour rolling average
			 basis. If the owner or operator elects to use an average period from 2 to 24
			 hours:
(A) The feed rate of each metal shall
			 be limited at any time to ten times the feed rate that would be allowed on an
			 hourly rolling average basis;
(B)
			 The continuous monitor shall meet the following specifications:
(1) A continuous monitor is one which
			 continuously samples the regulated parameter without interruption, and
			 evaluates the detector response at least once each 15 seconds, and computes and
			 records the average value at least every 60 seconds.
(2) The rolling average for the selected
			 averaging period is defined as the arithmetic mean of one hour block averages
			 for the averaging period. A one hour block average is the arithmetic mean of
			 the one minute averages recorded during the 60-minute period beginning at one
			 minute after the beginning of the preceding clock hour; and
(C) The permit limit for the feed
			 rate of each metal shall be established based on trial burn data as the average
			 over all valid test runs of the highest hourly rolling average feed rate for
			 each run.
(iii)  Feed
			 rate limits for metals, total chloride and chlorine, and ash. Feed rate limits
			 for metals, total chlorine and chloride, and ash are established and monitored
			 by knowing the concentration of the substance (i.e., metals, chloride/chlorine,
			 and ash) in each feedstream and the flow rate of the feedstream. To monitor the
			 feed rate of these substances, the flow rate of each feedstream must be
			 monitored under the continuous monitoring requirements of paragraphs (e)(6) (i)
			 and (ii) of this section.
(iv)
			 Conduct of trial burn testing.
(A) If
			 compliance with all applicable emissions standards of §§ 266.104
			 through 266.107 is not demonstrated simultaneously during a set of test runs,
			 the operating conditions of additional test runs required to demonstrate
			 compliance with remaining emissions standards must be as close as possible to
			 the original operating conditions.
(B) Prior to obtaining test data for purposes
			 of demonstrating compliance with the emissions standards of §§
			 266.104 through 266.107 or establishing limits on operating parameters under
			 this section, the facility must operate under trial burn conditions for a
			 sufficient period to reach steady-state operations. The Director may determine,
			 however, that industrial furnaces that recycle collected particulate matter
			 back into the furnace and that comply with an alternative implementation
			 approach for metals under § 266.106(f) need not reach steady state
			 conditions with respect to the flow of metals in the system prior to beginning
			 compliance testing for metals emissions.
(C) Trial burn data on the level of an
			 operating parameter for which a limit must be established in the permit must be
			 obtained during emissions sampling for the pollutant(s) (i.e., metals, PM,
			 HCl/Cl2, organic compounds) for which the parameter must
			 be established as specified by paragraph (e) of this section.
(7) General requirements-
(i) Fugitive emissions. Fugitive emissions
			 must be controlled by:
(A) Keeping the
			 combustion zone totally sealed against fugitive emissions; or
(B) Maintaining the combustion zone pressure
			 lower than atmospheric pressure; or
(C) An alternate means of control
			 demonstrated (with part B of the permit application) to provide fugitive
			 emissions control equivalent to maintenance of combustion zone pressure lower
			 than atmospheric pressure.
(ii) Automatic waste feed cutoff. A boiler or
			 industrial furnace must be operated with a functioning system that
			 automatically cuts off the hazardous waste feed when operating conditions
			 deviate from those established under this section. The Director may limit the
			 number of cutoffs per an operating period on a case-by-case basis. In addition:
(A) The permit limit for (the indicator of)
			 minimum combustion chamber temperature must be maintained while hazardous waste
			 or hazardous waste residues remain in the combustion chamber,
(B) Exhaust gases must be ducted to the air
			 pollution control system operated in accordance with the permit requirements
			 while hazardous waste or hazardous waste residues remain in the combustion
			 chamber; and
(C) Operating
			 parameters for which permit limits are established must continue to be
			 monitored during the cutoff, and the hazardous waste feed shall not be
			 restarted until the levels of those parameters comply with the permit limits.
			 For parameters that may be monitored on an instantaneous basis, the Director
			 will establish a minimum period of time after a waste feed cutoff during which
			 the parameter must not exceed the permit limit before the hazardous waste feed
			 may be restarted.
(iii)
			 Changes. A boiler or industrial furnace must cease burning hazardous waste when
			 changes in combustion properties, or feed rates of the hazardous waste, other
			 fuels, or industrial furnace feedstocks, or changes in the boiler or industrial
			 furnace design or operating conditions deviate from the limits as specified in
			 the permit.
(8)
			 Monitoring and Inspections.
(i) The owner or
			 operator must monitor and record the following, at a minimum, while burning
			 hazardous waste:
(A) If specified by the
			 permit, feed rates and composition of hazardous waste, other fuels, and
			 industrial furnace feedstocks, and feed rates of ash, metals, and total
			 chloride and chlorine;
(B) If
			 specified by the permit, carbon monoxide (CO), hydrocarbons (HC), and oxygen on
			 a continuous basis at a common point in the boiler or industrial furnace
			 downstream of the combustion zone and prior to release of stack gases to the
			 atmosphere in accordance with operating requirements specified in paragraph
			 (e)(2)(ii) of this section. CO, HC, and oxygen monitors must be installed,
			 operated, and maintained in accordance with methods specified in Appendix IX of
			 this Section
(C) Upon the request
			 of the Director, sampling and analysis of the hazardous waste (and other fuels
			 and industrial furnace feedstocks as appropriate), residues, and exhaust
			 emissions must be conducted to verify that the operating requirements
			 established in the permit achieve the applicable standards of §§
			 266.104, 266.105, 266.106, and 266.107.
(ii) All monitors shall record data in units
			 corresponding to the permit limit unless otherwise specified in the
			 permit.
(iii) The boiler or
			 industrial furnace and associated equipment (pumps, valves, pipes, fuel storage
			 tanks, etc.) must be subjected to thorough visual inspection when it contains
			 hazardous waste, at least daily for leaks, spills, fugitive emissions, and
			 signs of tampering.
(iv) The
			 automatic hazardous waste feed cutoff system and associated alarms must be
			 tested at least once every 7 days when hazardous waste is burned to verify
			 operability, unless the applicant demonstrates to the Director that weekly
			 inspections will unduly restrict or upset operations and that less frequent
			 inspections will be adequate. At a minimum, operational testing must be
			 conducted at least once every 30 days.
(v) These monitoring and inspection data must
			 be recorded and the records must be placed in the operating record required by
			 § 264.73 of this rule.
(9) Direct transfer to the burner. If
			 hazardous waste is directly transferred from a transport vehicle to a boiler or
			 industrial furnace without the use of a storage unit, the owner and operator
			 must comply with § 266.111.
(10) Recordkeeping. The owner or operator
			 must maintain in the operating record of the facility all information and data
			 required by this section for five (5) years.
(11) Closure. At closure, the owner or
			 operator must remove all hazardous waste and hazardous waste residues
			 (including, but not limited to, ash, scrubber waters, and scrubber sludges)
			 from the boiler or industrial furnace.
§ 266.103
Interim status standards
			 for burners
(a) Purpose, scope,
			 applicability - (1) General.
(i) The purpose
			 of this section is to establish minimum national standards for owners and
			 operators of "existing" boilers and industrial furnaces that burn hazardous
			 waste where such standards define the acceptable management of hazardous waste
			 during the period of interim status. The standards of this section apply to
			 owners and operators of existing facilities until either a permit is issued
			 under § 266.102(d) or until closure responsibilities identified in this
			 section are fulfilled.
(ii)
			 "Existing or in existence" means a boiler or industrial furnace that on or
			 before August 21, 1991 is either in operation burning or processing hazardous
			 waste or for which construction (including the ancillary facilities to burn or
			 to process the hazardous waste) has commenced. A facility has commenced
			 construction if the owner or operator has obtained the Federal, State, and
			 local approvals or permits necessary to begin physical construction; and
			 either:
(A) A continuous on-site, physical
			 construction program has begun; or
(B) The owner or operator has entered into
			 contractual obligations-which cannot be canceled or modified without
			 substantial loss-for physical construction of the facility to be completed
			 within a reasonable time.
(iii) If a boiler or industrial furnace is
			 located at a facility that already has a permit or interim status, then the
			 facility must comply with the applicable rules dealing with permit
			 modifications in § 270.42 or changes in interim status in § 270.72 of
			 this rule.
(2) Exemptions. The requirements
			 of this section do not apply to hazardous waste and facilities exempt under
			 §§ 266.100(b), or 266.108.
(3) Prohibition on burning dioxin-listed
			 wastes. The following hazardous waste listed for dioxin and hazardous waste
			 derived from any of these wastes may not be burned in a boiler or industrial
			 furnace operating under interim status: F020, F021, F022, F023, F026, and
			 F027.
(4) Applicability of Section
			 265 standards. Owners and operators of boilers and industrial furnaces that
			 burn hazardous waste and are operating under interim status are subject to the
			 following provisions of section 265 of this rule, except as provided otherwise
			 by this section:
(i) In subsection A
			 (General), § 265.4;
(ii) In
			 subsection B (General facility standards), §§
			 265.11-265.17;
(iii) In subsection
			 C (Preparedness and prevention), §§ 265.31-265.37;
(iv) In subsection D (Contingency plan and
			 emergency procedures), §§ 265.51-265.56;
(v) In subsection E (Manifest system,
			 recordkeeping, and reporting), §§ 265.71-265.77, except that
			 §§ 265.71, 265.72, and 265.76 do not apply to owners and operators of
			 on-site facilities that do not receive any hazardous waste from off-site
			 sources;
(vi) In subsection G
			 (Closure and post-closure), §§ 265.111-265.115;
(vii) In subsection H (Financial
			 requirements), §§ 265.141, 265.142, 265.143, and 265.147 - 265.150,
			 except that States and the Federal government are exempt from the requirements
			 of Subsection H; and
(viii)
			 Subsection BB (Air emission standards for equipment leaks), except §
			 265.1050(a).
(5) Special
			 requirements for furnaces. The following controls apply during interim status
			 to industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a
			 purpose other than solely as an ingredient (see paragraph (a)(5)(ii) of this
			 section) at any location other than the hot end where products are normally
			 discharged or where fuels are normally fired:
(i) Controls.
(A) The hazardous waste shall be fed at a
			 location where combustion gas temperatures are at least 1800 °F;
(B) The owner or operator must determine that
			 adequate oxygen is present in combustion gases to combust organic constituents
			 in the waste and retain documentation of such determination in the facility
			 record;
(C) For cement kiln
			 systems, the hazardous waste shall be fed into the kiln; and
(D) The hydrocarbon controls of §
			 266.104(c) or paragraph (c)(5) of this section apply upon certification of
			 compliance under paragraph (c) of this section irrespective of the CO level
			 achieved during the compliance test.
(ii) Burning hazardous waste solely as an
			 ingredient. A hazardous waste is burned for a purpose other than solely as an
			 ingredient if it meets either of these criteria:
(A) The hazardous waste has a total
			 concentration of nonmetal compounds listed in Section 261, Appendix VIII, of
			 this rule exceeding 500 ppm by weight, as-fired, and so is considered to be
			 burned for destruction. The concentration of nonmetal compounds in a waste
			 as-generated may be reduced to the 500 ppm limit by bona fide treatment that
			 removes or destroys nonmetal constituents. Blending for dilution to meet the
			 500 ppm limit is prohibited and documentation that the waste has not been
			 impermissibly diluted must be retained in the facility record; or
(B) The hazardous waste has a heating value
			 of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel.
			 The heating value of a waste as-generated may be reduced to below the 5,000
			 Btu/lb limit by bona fide treatment that removes or destroys organic
			 constituents. Blending to augment the heating value to meet the 5,000 Btu/lb
			 limit is prohibited and documentation that the waste has not been impermissibly
			 blended must be retained in the facility record.
(6) Restrictions on burning
			 hazardous waste that is not a fuel. Prior to certification of compliance under
			 paragraph (c) of this section, owners and operators shall not feed hazardous
			 waste that has a heating value less than 5,000 Btu/lb, as-generated, (except
			 that the heating value of a waste as-generated may be increased to above the
			 5,000 Btu/lb limit by bona fide treatment; however, blending to augment the
			 heating value to meet the 5,000 Btu/lb limit is prohibited and records must be
			 kept to document that impermissible blending has not occurred) in a boiler or
			 industrial furnace, except that:
(i) Hazardous
			 waste may be burned solely as an ingredient; or
(ii) Hazardous waste may be burned for
			 purposes of compliance testing (or testing prior to compliance testing) for a
			 total period of time not to exceed 720 hours; or
(iii) Such waste may be burned if the
			 Director has documentation to show that, prior to August 21, 1991:
(A) The boiler or industrial furnace is
			 operating under the interim status standards for incinerators provided by
			 subsection O of section 265 of this rule, or the interim status standards for
			 thermal treatment units provided by subsection P of Section 265 of this rule;
			 and
(B) The boiler or industrial
			 furnace met the interim status eligibility requirements under § 270.70 of
			 this rule for subsection O or subsection P of Section 265 of this rule;
			 and
(C) Hazardous waste with a
			 heating value less than 5,000 Btu/lb was burned prior to that date;
			 or
(iv) Such waste may
			 be burned in a halogen acid furnace if the waste was burned as an excluded
			 ingredient under § 261.2(e) of this rule prior to February 21, 1991 and
			 documentation is kept on file supporting this claim.
(7) Direct transfer to the burner. If
			 hazardous waste is directly transferred from a transport vehicle to a boiler or
			 industrial furnace without the use of a storage unit, the owner and operator
			 must comply with § 266.111.
(b) Certification of precompliance-
(1) General. The owner or operator must
			 provide complete and accurate information specified in paragraph (b)(2) of this
			 section to the Director on or before August 21, 1991, and must establish limits
			 for the operating parameters specified in paragraph (b)(3) of this section.
			 Such information is termed a "certification of precompliance" and constitutes a
			 certification that the owner or operator has determined that, when the facility
			 is operated within the limits specified in paragraph (b)(3) of this section,
			 the owner or operator believes that, using best engineering judgment, emissions
			 of particulate matter, metals, and HCl and Cl2 are not
			 likely to exceed the limits provided by §§ 266.105, 266.106, and
			 266.107. The facility may burn hazardous waste only under the operating
			 conditions that the owner or operator establishes under paragraph (b)(3) of
			 this section until the owner or operator submits a revised certification of
			 precompliance under paragraph (b)(8) of this section or a certification of
			 compliance under paragraph (c) of this section, or until a permit is
			 issued.
(2) Information required.
			 The following information must be submitted with the certification of
			 precompliance to support the determination that the limits established for the
			 operating parameters identified in paragraph (b)(3) of this section are not
			 likely to result in an exceedance of the allowable emission rates for
			 particulate matter, metals, and HCl and Cl2 :
(i) General facility information:
(A) EPA facility ID number;
(B) Facility name, contact person, telephone
			 number, and address;
(C)
			 Description of boilers and industrial furnaces burning hazardous waste,
			 including type and capacity of device;
(D) A scaled plot plan showing the entire
			 facility and location of the boilers and industrial furnaces burning hazardous
			 waste; and
(E) A description of the
			 air pollution control system on each device burning hazardous waste, including
			 the temperature of the flue gas at the inlet to the particulate matter control
			 system.
(ii) Except for
			 facilities complying with the Tier I or Adjusted Tier I feed rate screening
			 limits for metals or total chlorine and chloride provided by §§
			 266.106 (b) or (e) and 266.107 (b)(1) or (e), respectively, the estimated
			 uncontrolled (at the inlet to the air pollution control system) emissions of
			 particulate matter, each metal controlled by § 266.106, and hydrogen
			 chloride and chlorine, and the following information to support such
			 determinations:
(A) The feed rate (lb/hr) of
			 ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead,
			 mercury, silver, and thallium in each feedstream (hazardous waste, other fuels,
			 industrial furnace feedstocks);
(B)
			 The estimated partitioning factor to the combustion gas for the materials
			 identified in paragraph (b)(2)(ii)(A) of this section and the basis for the
			 estimate and an estimate of the partitioning to HCl and
			 Cl2 of total chloride and chlorine in feed materials. To
			 estimate the partitioning factor, the owner or operator must use either best
			 engineering judgment or the procedures specified in Appendix IX of this
			 section.
(C) For industrial
			 furnaces that recycle collected particulate matter (PM) back into the furnace
			 and that will certify compliance with the metals emissions standards under
			 paragraph (c)(3)(ii)(A), the estimated enrichment factor for each metal. To
			 estimate the enrichment factor, the owner or operator must use either best
			 engineering judgment or the procedures specified in "Alternative Methodology
			 for Implementing Metals Controls" in Appendix IX of this section.
(D) If best engineering judgment is used to
			 estimate partitioning factors or enrichment factors under paragraphs
			 (b)(2)(ii)(B) or (b)(2)(ii)(C) respectively, the basis for the judgment. When
			 best engineering judgment is used to develop or evaluate data or information
			 and make determinations under this section, the determinations must be made by
			 a qualified, registered professional engineer and a certification of his/her
			 determinations in accordance with § 270.11(d) of this rule must be
			 provided in the certification of precompliance.
(iii) For facilities complying with the Tier
			 I or Adjusted Tier I feed rate screening limits for metals or total chlorine
			 and chloride provided by §§ 266.106 (b) or (e) and 266.107 (b)(1) or
			 (e), the feed rate (lb/hr) of total chloride and chlorine, antimony, arsenic,
			 barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium in
			 each feed stream (hazardous waste, other fuels, industrial furnace
			 feedstocks).
(iv) For facilities
			 complying with the Tier II or Tier III emission limits for metals or HCl and Cl
			 (under §§ 266.106 (c) or (d) or 266.107(b)(2) or (c)), the estimated
			 2 controlled (outlet of the air pollution control system) emissions rates of
			 particulate matter, each metal controlled by § 266.106, and HCl and Cl2,
			 and the following information to support such determinations:
(A) The estimated air pollution control
			 system (APCS) removal efficiency for particulate matter, HCl, Cl2, antimony,
			 arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and
			 thallium.
(B) To estimate APCS
			 removal efficiency, the owner or operator must use either best engineering
			 judgment or the procedures prescribed in Appendix IX of this section.
(C) If best engineering judgment is used to
			 estimate APCS removal efficiency, the basis for the judgment. Use of best
			 engineering judgment must be in conformance with provisions of paragraph
			 (b)(2)(ii)(D) of this section.
(v) Determination of allowable emissions
			 rates for HCl, Cl2, antimony, arsenic, barium,
			 beryllium, cadmium, chromium, lead, mercury, silver, and thallium, and the
			 following information to support such determinations:
(A) For all facilities:
(1) Physical stack height;
(2) Good engineering practice stack height as
			 defined by
			 40
			 CFR 51.100(ii);
(3) Maximum flue gas flow rate;
(4) Maximum flue gas temperature;
(5) Attach a US Geological Service
			 topographic map (or equivalent) showing the facility location and surrounding
			 land within 5 km of the facility;
(6) Identify terrain type: complex or
			 noncomplex; and
(7) Identify land
			 use: urban or rural.
(B)
			 For owners and operators using Tier III site specific dispersion modeling to
			 determine allowable levels under § 266.106(d) or § 266.107(c), or
			 adjusted Tier I feed rate screening limits under §§ 266.106(e) or
			 266.107(e):
(1) Dispersion model and version
			 used;
(2) Source of meteorological
			 data;
(3) The dilution factor in
			 micrograms per cubic meter per gram per second of emissions for the maximum
			 annual average off-site (unless on-site is required) ground level concentration
			 (MEI location); and
(4) Indicate
			 the MEI location on the map required under paragraph (b)(2)(v)(A)(5);
(vi) For facilities
			 complying with the Tier II or III emissions rate controls for metals or HCl and
			 Cl2, a comparison of the estimated controlled emissions rates determined under
			 paragraph (b)(2)(iv) with the allowable emission rates determined under
			 paragraph (b)(2)(v);
(vii) For
			 facilities complying with the Tier I (or adjusted Tier I) feed rate screening
			 limits for metals or total chloride and chlorine, a comparison of actual feed
			 rates of each metal and total chlorine and chloride determined under paragraph
			 (b)(2)(iii) of this section to the Tier I allowable feed rates; and
(viii) For industrial furnaces that feed
			 hazardous waste for any purpose other than solely as an ingredient (as defined
			 by paragraph (a)(5)(ii) of this section) at any location other than the product
			 discharge end of the device, documentation of compliance with the requirements
			 of paragraphs (a)(5)(i) (A), (B), and (C) of this section.
(ix) For industrial furnaces that recycle
			 collected particulate matter (PM) back into the furnace and that will certify
			 compliance with the metals emissions standards under paragraph (c)(3)(ii) (A)
			 of this section:
(A) The applicable
			 particulate matter standard in lb/hr; and
(B) The precompliance limit on the
			 concentration of each metal in collected PM.
(3)  Limits on operating conditions. The
			 owner and operator shall establish limits on the following parameters
			 consistent with the determinations made under paragraph (b)(2) of this section
			 and certify (under provisions of paragraph (b)(9) of this section) to the
			 Director that the facility will operate within the limits during interim status
			 when there is hazardous waste in the unit until revised certification of
			 precompliance under paragraph (b)(8) of this section or certification of
			 compliance under paragraph (c) of this section:
(i) Feed rate of total hazardous waste and
			 (unless complying with the Tier I or adjusted Tier I metals feed rate screening
			 limits under § 266.106(b) or (e)) pumpable hazardous waste;
(ii) Feed rate of each metal in the following
			 feed streams:
(A) Total feed streams, except
			 that industrial furnaces that comply with the alternative metals implementation
			 approach under paragraph (b)(4) of this section must specify limits on the
			 concentration of each metal in collected particulate matter in lieu of feed
			 rate limits for total feedstreams;
(B) Total hazardous waste feed, unless
			 complying with the Tier I or Adjusted Tier I metals feed rate screening limits
			 under § 266.106 (b) or (e); and
(C) Total pumpable hazardous waste feed,
			 unless complying with the Tier I or adjusted Tier I metals feed rate screening
			 limits under § 266.106 (b) or (e);
(iii) Total feed rate of chlorine and
			 chloride in total feed streams;
(iv) Total feed rate of ash in total feed
			 streams, except that the ash feed rate for cement kilns and light-weight
			 aggregate kilns is not limited; and
(v) Maximum production rate of the device in
			 appropriate units when producing normal product, unless complying with the Tier
			 I or Adjusted Tier I feed rate screening limits for chlorine under §
			 266.107 (b)(1) or (e) and for all metals under § 266.106 (b) or (e), and
			 the uncontrolled particulate emissions do not exceed the standard under §
			 266.105.
(4) Operating
			 requirements for furnaces that recycle PM. Owners and operators of furnaces
			 that recycle collected particulate matter (PM) back into the furnace and that
			 will certify compliance with the metals emissions controls under paragraph
			 (c)(3)(ii)(A) of this section must comply with the special operating
			 requirements provided in "Alternative Methodology for Implementing Metals
			 Controls" in Appendix IX of this section.
(5) Measurement of feed rates and production
			 rate-
(i) General requirements. Limits on
			 each of the parameters specified in paragraph (b)(3) of this section (except
			 for limits on metals concentrations in collected particulate matter (PM) for
			 industrial furnaces that recycle collected PM) shall be established and
			 continuously monitored under either of the following methods:
(A) Instantaneous limits. A limit for a
			 parameter may be established and continuously monitored and recorded on an
			 instantaneous basis (i.e., the value that occurs at any time) not to be
			 exceeded at any time; or
(B) Hourly
			 rolling average limits. A limit for a parameter may be established and
			 continuously monitored on an hourly rolling average basis defined as follows:
(1) A continuous monitor is one which
			 continuously samples the regulated parameter without interruption, and
			 evaluates the detector response at least once each 15 seconds, and computes and
			 records the average value at least every 60 seconds.
(2) An hourly rolling average is the
			 arithmetic mean of the 60 most recent 1-minute average values recorded by the
			 continuous monitoring system.
(ii) Rolling average limits for carcinogenic
			 metals and lead. Feed rate limits for the carcinogenic metals (arsenic,
			 beryllium, cadmium, and chromium) and lead may be established either on an
			 hourly rolling average basis as prescribed by paragraph (b)(5)(i)(B) or on (up
			 to) a 24 hour rolling average basis. If the owner or operator elects to use an
			 averaging period from 2 to 24 hours:
(A) The
			 feed rate of each metal shall be limited at any time to ten times the feed rate
			 that would be allowed on an hourly rolling average basis;
(B) The continuous monitor shall meet the
			 following specifications:
(1) A continuous
			 monitor is one which continuously samples the regulated parameter without
			 interruption, and evaluates the detector response at least once each 15
			 seconds, and computes and records the average value at least every 60
			 seconds.
(2) The rolling average
			 for the selected averaging period is defined as the arithmetic mean of one hour
			 block averages for the averaging period. A one hour block average is the
			 arithmetic mean of the one minute averages recorded during the 60-minute period
			 beginning at one minute after the beginning of preceding clock hour.
(iii) Feed rate limits
			 for metals, total chloride and chlorine, and ash. Feed rate limits for metals,
			 total chlorine and chloride, and ash are established and monitored by knowing
			 the concentration of the substance (i.e., metals, chloride/chlorine, and ash)
			 in each feedstream and the flow rate of the feedstream. To monitor the feed
			 rate of these substances, the flow rate of each feedstream must be monitored
			 under the continuous monitoring requirements of paragraphs (b)(5) (i) and (ii)
			 of this section.
(6)
			 Public notice requirements at precompliance. On or before August 21, 1991 the
			 owner or operator must submit a notice with the following information for
			 publication in a major local newspaper of general circulation and send a copy
			 of the notice to the appropriate units of State and local government. The owner
			 and operator must provide to the Director with the certification of
			 precompliance evidence of submitting the notice for publication. The notice,
			 which shall be entitled "Notice of Certification of Precompliance with
			 Hazardous Waste Burning Requirements of
			 40 CFR
			 266.103(b) ", must include:
(i) Name and address of the owner and
			 operator of the facility as well as the location of the device burning
			 hazardous waste;
(ii) Date that the
			 certification of precompliance is submitted to the Director;
(iii) Brief description of the regulatory
			 process required to comply with the interim status requirements of this section
			 including required emissions testing to demonstrate conformance with emissions
			 standards for organic compounds, particulate matter, metals, and HCl and
			 Cl2;
(iv)
			 Types and quantities of hazardous waste burned including, but not limited to,
			 source, whether solids or liquids, as well as an appropriate description of the
			 waste;
(v) Type of device(s) in
			 which the hazardous waste is burned including a physical description and
			 maximum production rate of each device;
(vi) Types and quantities of other fuels and
			 industrial furnace feedstocks fed to each unit;
(vii) Brief description of the basis for this
			 certification of precompliance as specified in paragraph (b)(2) of this
			 section;
(viii) Locations where the
			 record for the facility can be viewed and copied by interested parties. These
			 records and locations shall at a minimum include:
(A) The administrative record kept by the
			 Agency office where the supporting documentation was submitted or another
			 location designated by the Director; and
(B) The BIF correspondence file kept at the
			 facility site where the device is located. The correspondence file must include
			 all correspondence between the facility and the Director, state and local
			 regulatory officials, including copies of all certifications and notifications,
			 such as the precompliance certification, precompliance public notice, notice of
			 compliance testing, compliance test report, compliance certification, time
			 extension requests and approvals or denials, enforcement notifications of
			 violations, and copies of EPA and State site visit reports submitted to the
			 owner or operator.
(ix)
			 Notification of the establishment of a facility mailing list whereby interested
			 parties shall notify the Agency that they wish to be placed on the mailing list
			 to receive future information and notices about this facility; and
(x) Location (mailing address) of the
			 Division's Hazardous Waste Division, where further information can be obtained
			 on EPA and state rules of hazardous waste burning.
(7) Monitoring other operating parameters.
			 When the monitoring systems for the operating parameters listed in paragraphs
			 (c)(1)(v through xiii) of this section are installed and operating in
			 conformance with vendor specifications or (for CO, HC, and oxygen)
			 specifications provided by Appendix IX of this section, as appropriate, the
			 parameters shall be continuously monitored and records shall be maintained in
			 the operating record.
(8) Revised
			 certification of precompliance. The owner or operator may revise at any time
			 the information and operating conditions documented under paragraphs (b)(2) and
			 (b)(3) of this section in the certification of precompliance by submitting a
			 revised certification of precompliance under procedures provided by those
			 paragraphs.
(i) The public notice
			 requirements of paragraph (b)(6) of this section do not apply to
			 recertifications.
(ii) The owner
			 and operator must operate the facility within the limits established for the
			 operating parameters under paragraph (b)(3) of this section until a revised
			 certification is submitted under this paragraph or a certification of
			 compliance is submitted under paragraph (c) of this section.
(9) Certification of precompliance
			 statement. The owner or operator must include the following signed statement
			 with the certification of precompliance submitted to the Director:
"I certify under penalty of law that this information was
				prepared under my direction or supervision in accordance with a system designed
				to ensure that qualified personnel properly gathered and evaluated the
				information and supporting documentation. Copies of all emissions tests,
				dispersion modeling results and other information used to determine conformance
				with the requirements of § 266.103(b) are available at the facility and
				can be obtained from the facility contact person listed above. Based on my
				inquiry of the person or persons who manages the facility, or those persons
				directly responsible for gathering the information, the information submitted
				is, to the best of my knowledge and belief, true, accurate, and complete. I am
				aware that there are significant penalties for submitting false information,
				including the possibility of fine and imprisonment for knowing
				violations.
I also acknowledge that the operating limits established in
				this certification pursuant to § 266.103(b) (3) and (4) are enforceable
				limits at which the facility can legally operate during interim status until:
(1) A revised certification of
			 precompliance is submitted,
(2) a
			 certification of compliance is submitted, or
(3) an operating permit is issued."
(c) Certification of
			 compliance. The owner or operator shall conduct emissions testing to document
			 compliance with the emissions standards of §§ 266.104 (b) through
			 (e), 266.105, 266.106, 266.107, and paragraph (a)(5)(i)(D) of this section,
			 under the procedures prescribed by this paragraph, except under extensions of
			 time provided by paragraph (c)(7). Based on the compliance test, the owner or
			 operator shall submit to the Director on or before August 21, 1992 a complete
			 and accurate "certification of compliance" (under paragraph (c)(4) of this
			 section) with those emission standards establishing limits on the operating
			 parameters specified in paragraph(c)(1).
(1)
			 Limits on operating conditions. The owner or operator shall establish limits on
			 the following parameters based on operations during the compliance test (under
			 procedures prescribed in paragraph (c)(4)(iv) of this section) or as otherwise
			 specified and include these limits with the certification of compliance. The
			 boiler or industrial furnace must be operated in accordance with these
			 operating limits and the applicable emissions standards of §§
			 266.104(b) through (e), 266.105, 266.106, 266.107, and 266.103(a)(5)(i)(D) at
			 all times when there is hazardous waste in the unit.
(i) Feed rate of total hazardous waste and
			 (unless complying with the Tier I or adjusted Tier I metals feed rate screening
			 limits under § 266.106(b) or (e)), pumpable hazardous waste;
(ii) Feed rate of each metal in the following
			 feedstreams:
(A) Total feedstreams, except
			 that:
(1) Facilities that comply with Tier I
			 or Adjusted Tier I metals feed rate screening limits may set their operating
			 limits at the metals feed rate screening limits determined under §
			 266.106(b) or (e); and
(2)
			 Industrial furnaces that must comply with the alternative metals implementation
			 approach under paragraph (c)(3)(ii) of this section must specify limits on the
			 concentration of each metal in the collected particulate matter in lieu of feed
			 rate limits for total feedstreams;
(B) Total hazardous waste feed (unless
			 complying with the Tier I or Adjusted Tier I metals feed rate screening limits
			 under § 266.106(b) or (e)); and
(C) Total pumpable hazardous waste feed
			 (unless complying with the Tier I or Adjusted Tier I metals feed rate screening
			 limits under § 266.106(b) or (e));
(iii) Total feed rate of chlorine and
			 chloride in total feed streams, except that facilities that comply with Tier I
			 or Adjusted Tier I feed rate screening limits may set their operating limits at
			 the total chlorine and chloride feed rate screening limits determined under
			 § 266.107(b)(1) or (e);
(iv)
			 Total feed rate of ash in total feed streams, except that the ash feed rate for
			 cement kilns and light-weight aggregate kilns is not limited;
(v) Carbon monoxide concentration, and where
			 required, hydrocarbon concentration in stack gas. When complying with the CO
			 controls of § 266.104(b), the CO limit is 100 ppmv, and when complying
			 with the HC controls of § 266.104(c), the HC limit is 20 ppmv. When
			 complying with the CO controls of § 266.104(c), the CO limit is
			 established based on the compliance test;
(vi) Maximum production rate of the device in
			 appropriate units when producing normal product, unless complying with the Tier
			 I or Adjusted Tier I feed rate screening limits for chlorine under §
			 266.107(b)(1) or (e) and for all metals under § 266.106(b) or (e), and the
			 uncontrolled particulate emissions do not exceed the standard under §
			 266.105;
(vii) Maximum combustion
			 chamber temperature where the temperature measurement is as close to the
			 combustion zone as possible and is upstream of any quench water injection
			 (unless complying with the Tier I or Adjusted Tier I metals feed rate screening
			 limits under § 266.106(b) or (e));
(viii) Maximum flue gas temperature entering
			 a particulate matter control device (unless complying with Tier I or Adjusted
			 Tier I metals feed rate screening limits under § 266.106(b) or (e) and the
			 total chlorine and chloride feed rate screening limits under § 266.107(b)
			 or (e));
(ix) For systems using wet
			 scrubbers, including wet ionizing scrubbers (unless complying with the Tier I
			 or Adjusted Tier I metals feed rate screening limits under § 266.106(b) or
			 (e) and the total chlorine and chloride feed rate screening limits under §
			 266.107(b)(1) or (e)):
(A) Minimum liquid to
			 flue gas ratio;
(B) Minimum
			 scrubber blowdown from the system or maximum suspended solids content of
			 scrubber water; and
(C) Minimum pH
			 level of the scrubber water;
(x) For systems using venturi scrubbers, the
			 minimum differential gas pressure across the venturi (unless complying with the
			 Tier I or Adjusted Tier I metals feed rate screening limits under §
			 266.106(b) or (e) and the total chlorine and chloride feed rate screening
			 limits under § 266.107(b)(1) or (e));
(xi) For systems using dry scrubbers (unless
			 complying with the Tier I or Adjusted Tier I metals feed rate screening limits
			 under § 266.106(b) or (e) and the total chlorine and chloride feed rate
			 screening limits under § 266.107(b)(1) or (e)):
(A) Minimum caustic feed rate; and
(B) Maximum flue gas flow rate;
(xii) For systems using wet
			 ionizing scrubbers or electrostatic precipitators (unless complying with the
			 Tier I or Adjusted Tier I metals feed rate screening limits under §
			 266.106(b) or (e) and the total chlorine and chloride feed rate screening
			 limits under § 266.107(b)(1) or (e)):
(A)
			 Minimum electrical power in kilovolt amperes (kVA) to the precipitator plates;
			 and
(B) Maximum flue gas flow
			 rate;
(xiii) For systems
			 using fabric filters (baghouses), the minimum pressure drop (unless complying
			 with the Tier I or Adjusted Tier I metal feed rate screening limits under
			 § 266.106(b) or (e) and the total chlorine and chloride feed rate
			 screening limits under § 266.107(b)(1) or (e)).
(2) Prior notice of compliance testing. At
			 least 30 days prior to the compliance testing required by paragraph (c)(3) of
			 this section, the owner or operator shall notify the Director and submit the
			 following information:
(i) General facility
			 information including:
(A) EPA facility ID
			 number;
(B) Facility name, contact
			 person, telephone number, and address;
(C) Person responsible for conducting
			 compliance test, including company name, address, and telephone number, and a
			 statement of qualifications;
(D)
			 Planned date of the compliance test;
(ii) Specific information on each device to
			 be tested including:
(A) Description of
			 boiler or industrial furnace;
(B) A
			 scaled plot plan showing the entire facility and location of the boiler or
			 industrial furnace;
(C) A
			 description of the air pollution control system;
(D) Identification of the continuous emission
			 monitors that are installed, including:
(1)
			 Carbon monoxide monitor;
(2) Oxygen
			 monitor;
(3) Hydrocarbon monitor,
			 specifying the minimum temperature of the system and, if the temperature is
			 less than 150 °C, an explanation of why a heated system is not used (see
			 paragraph (c)(5) of this section) and a brief description of the sample gas
			 conditioning system;
(E)
			 Indication of whether the stack is shared with another device that will be in
			 operation during the compliance test;
(F) Other information useful to an
			 understanding of the system design or operation.
(iii) Information on the testing planned,
			 including a complete copy of the test protocol and Quality Assurance/Quality
			 Control (QA/QC) plan, and a summary description for each test providing the
			 following information at a minimum:
(A)
			 Purpose of the test (e.g., demonstrate compliance with emissions of particulate
			 matter); and
(B) Planned operating
			 conditions, including levels for each pertinent parameter specified in
			 paragraph (c)(1) of this section.
(3) Compliance testing. -
(i) General. Compliance testing must be
			 conducted under conditions for which the owner or operator has submitted a
			 certification of precompliance under paragraph (b) of this section and under
			 conditions established in the notification of compliance testing required by
			 paragraph (c)(2) of this section. The owner or operator may seek approval on a
			 case-by-case basis to use compliance test data from one unit in lieu of testing
			 a similar onsite unit. To support the request, the owner or operator must
			 provide a comparison of the hazardous waste burned and other feedstreams, and
			 the design, operation, and maintenance of both the tested unit and the similar
			 unit. The Director shall provide a written approval to use compliance test data
			 in lieu of testing a similar unit if he finds that the hazardous wastes, the
			 devices, and the operating conditions are sufficiently similar, and the data
			 from the other compliance test is adequate to meet the requirements of §
			 266.103(c).
(ii) Special
			 requirements for industrial furnaces that recycle collected PM. Owners and
			 operators of industrial furnaces that recycle back into the furnace particulate
			 matter (PM) from the air pollution control system must comply with one of the
			 following procedures for testing to determine compliance with the metals
			 standards of § 266.106(c) or (d):
(A) The
			 special testing requirements prescribed in "Alternative Method for Implementing
			 Metals Controls" in Appendix IX of this section; or
(B) Stack emissions testing for a minimum of
			 6 hours each day while hazardous waste is burned during interim status. The
			 testing must be conducted when burning normal hazardous waste for that day at
			 normal feed rates for that day and when the air pollution control system is
			 operated under normal conditions. During interim status, hazardous waste
			 analysis for metals content must be sufficient for the owner or operator to
			 determine if changes in metals content may affect the ability of the facility
			 to meet the metals emissions standards established under § 266.106(c) or
			 (d). Under this option, operating limits (under paragraph (c)(1) of this
			 section) must be established during compliance testing under paragraph (c)(3)
			 of this section only on the following parameters;
(1) Feed rate of total hazardous
			 waste;
(2) Total feed rate of
			 chlorine and chloride in total feed streams;
(3) Total feed rate of ash in total feed
			 streams, except that the ash feed rate for cement kilns and light-weight
			 aggregate kilns is not limited;
(4)
			 Carbon monoxide concen-tration, and where required, hydro-carbon concentration
			 in stack gas;
(5) Maximum
			 production rate of the device in appropriate units when producing normal
			 product; or
(C) Conduct
			 compliance testing to determine compliance with the metals standards to
			 establish limits on the operating parameters of paragraph (c)(1) of this
			 section only after the kiln system has been conditioned to enable it to reach
			 equilibrium with respect to metals fed into the system and metals emissions.
			 During conditioning, hazardous waste and raw materials having the same metals
			 content as will be fed during the compliance test must be fed at the feed rates
			 that will be fed during the compliance test.
(iii) Conduct of compliance testing.
(A) If compliance with all applicable
			 emissions standards of §§ 266.104 through 266.107 is not demonstrated
			 simultaneously during a set of test runs, the operating conditions of
			 additional test runs required to demonstrate compliance with remaining
			 emissions standards must be as close as possible to the original operating
			 conditions.
(B) Prior to obtaining
			 test data for purposes of demonstrating compliance with the applicable
			 emissions standards of §§ 266.104 through 266.107 or establishing
			 limits on operating parameters under this section, the facility must operate
			 under compliance test conditions for a sufficient period to reach steady-state
			 operations. Industrial furnaces that recycle collected particulate matter back
			 into the furnace and that comply with paragraphs (c)(3)(ii)(A) or (B) of this
			 section, however, need not reach steady state conditions with respect to the
			 flow of metals in the system prior to beginning compliance testing for
			 metals.
(C) Compliance test data on
			 the level of an operating parameter for which a limit must be established in
			 the certification of compliance must be obtained during emissions sampling for
			 the pollutant(s) (i.e., metals, PM, HCl/Cl2, organic
			 compounds) for which the parameter must be established as specified by
			 paragraph (c)(1) of this section.
(4) Certification of compliance. Within 90
			 days of completing compliance testing, the owner or operator must certify to
			 the Director compliance with the emissions standards of §§
			 266.104(b), (c), and (e), 266.105, 266.106, 266.107, and paragraph (a)(5)(i)(D)
			 of this section. The certification of compliance must include the following
			 information:
(i) General facility and testing
			 information including:
(A) EPA facility ID
			 number;
(B) Facility name, contact
			 person, telephone number, and address;
(C) Person responsible for conducting
			 compliance testing, including company name, address, and telephone number, and
			 a statement of qualifications;
(D)
			 Date(s) of each compliance test;
(E) Description of boiler or industrial
			 furnace tested;
(F) Person
			 responsible for quality assurance/quality control (QA/QC), title, and telephone
			 number, and statement that procedures prescribed in the QA/QC plan submitted
			 under § 266.103(c)(2)(iii) have been followed, or a description of any
			 changes and an explanation of why changes were necessary.
(G) Description of any changes in the unit
			 configuration prior to or during testing that would alter any of the
			 information submitted in the prior notice of compliance testing under paragraph
			 (c)(2) of this section, and an explanation of why the changes were
			 necessary;
(H) Description of any
			 changes in the planned test conditions prior to or during the testing that
			 alter any of the information submitted in the prior notice of compliance
			 testing under paragraph (c)(2) of this section, and an explanation of why the
			 changes were necessary; and
(I) The
			 complete report on results of emissions testing.
(ii)  Specific information on each test
			 including:
(A) Purpose(s) of test (e.g.,
			 demonstrate conformance with the emissions limits for particulate matter,
			 metals, HCl, Cl2, and CO)
(B) Summary of test results for each run and
			 for each test including the following information:
(1) Date of run;
(2) Duration of run;
(3) Time-weighted average and highest hourly
			 rolling average CO level for each run and for the test;
(4) Highest hourly rolling average HC level,
			 if HC monitoring is required for each run and for the test;
(5) If dioxin and furan testing is required
			 under § 266.104(e), time-weighted average emissions for each run and for
			 the test of chlorinated dioxin and furan emissions, and the predicted maximum
			 annual average ground level concentration of the toxicity equivalency
			 factor;
(6) Time-weighted average
			 particulate matter emissions for each run and for the test;
(7) Time-weighted average HCl and
			 Cl2 emissions for each run and for the test;
(8) Time-weighted average emissions for the
			 metals subject to rule under § 266.106 for each run and for the test;
			 and
(9) QA/QC results.
(iii) Comparison of the
			 actual emissions during each test with the emissions limits prescribed by
			 §§ 266.104 (b), (c), and (e), 266.105, 266.106, and 266.107 and
			 established for the facility in the certification of precompliance under
			 paragraph (b) of this section.
(iv)
			 Determination of operating limits based on all valid runs of the compliance
			 test for each applicable parameter listed in paragraph (c)(1) of this section
			 using either of the following procedures:
(A)
			 Instantaneous limits. A parameter may be measured and recorded on an
			 instantaneous basis (i.e., the value that occurs at any time) and the operating
			 limit specified as the time-weighted average during all runs of the compliance
			 test; or
(B) Hourly rolling average
			 basis.
(1) The limit for a parameter may be
			 established and continuously monitored on an hourly rolling average basis
			 defined as follows:
(i) A continuous monitor
			 is one which continuously samples the regulated parameter without interruption,
			 and evaluates the detector response at least once each 15 seconds, and computes
			 and records the average value at least every 60 seconds.
(ii) An hourly rolling average is the
			 arithmetic mean of the 60 most recent 1-minute average values recorded by the
			 continuous monitoring system.
(2) The operating limit for the parameter
			 shall be established based on compliance test data as the average over all test
			 runs of the highest hourly rolling average value for each
			 run.
(C) Rolling average
			 limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic
			 metals (i.e., arsenic, beryllium, cadmium and chromium) and lead may be
			 established either on an hourly rolling average basis as prescribed by
			 paragraph (c)(4)(iv)(B) of this section or on (up to) a 24 hour rolling average
			 basis. If the owner or operator elects to use an averaging period from 2 to 24
			 hours:
(1) The feed rate of each metal shall
			 be limited at any time to ten times the feed rate that would be allowed on an
			 hourly rolling average basis;
(2)
			 The continuous monitor shall meet the following specifications:
(i) A continuous monitor is one which
			 continuously samples the regulated parameter without interruption, and
			 evaluates the detector response at least once each 15 seconds, and computes and
			 records the average value at least every 60 seconds.
(ii) The rolling average for the selected
			 averaging period is defined as arithmetic mean of one hour block averages for
			 the averaging period. A one hour block average is the arithmetic mean of the
			 one minute averages recorded during the 60-minute period beginning at one
			 minute after the beginning of preceding clock hour; and
(3) The operating limit for the feed rate of
			 each metal shall be established based on compliance test data as the average
			 over all test runs of the highest hourly rolling average feed rate for each
			 run.
(D) Feed rate
			 limits for metals, total chloride and chlorine, and ash. Feed rate limits for
			 metals, total chlorine and chloride, and ash are established and monitored by
			 knowing the concentration of the substance (i.e., metals, chloride/chlorine,
			 and ash) in each feedstream and the flow rate of the feedstream. To monitor the
			 feed rate of these substances, the flow rate of each feedstream must be
			 monitored under the continuous monitoring requirements of paragraphs (c)(4)(iv)
			 (A) through (C) of this section.
(v) Certification of compliance statement.
			 The following statement shall accompany the certification of compliance: "I
			 certify under penalty of law that this information was prepared under my
			 direction or supervision in accordance with a system designed to ensure that
			 qualified personnel properly gathered and evaluated the information and
			 supporting documentation. Copies of all emissions tests, dispersion modeling
			 results and other information used to determine conformance with the
			 requirements of § 266.103(c) are available at the facility and can be
			 obtained from the facility contact person listed above. Based on my inquiry of
			 the person or persons who manages the facility, or those persons directly
			 responsible for gathering the information, the information submitted is, to the
			 best of my knowledge and belief, true, accurate, and complete. I am aware that
			 there are significant penalties for submitting false information, including the
			 possibility of fine and imprisonment for knowing violations.
I also acknowledge that the operating conditions established in
				this certification pursuant to § 266.103(c)(4)(iv) are enforceable limits
				at which the facility can legally operate during interim status until a revised
				certification of compliance is submitted."
(5) Special requirements for HC monitoring
			 systems. When an owner or operator is required to comply with the hydrocarbon
			 (HC) controls provided by Sec. 266.104(c) or paragraph (a)(5)(i)(D) of this
			 section, a conditioned gas monitoring system may be used in conformance with
			 specifications provided in Appendix IX of this section provided that the owner
			 or operator submits a certification of compliance without using extensions of
			 time provided by paragraph (c)(7) of this section.
(6) Special operating requirements for
			 industrial furnaces that recycle collected PM. Owners and operators of
			 industrial furnaces that recycle back into the furnace particulate matter (PM)
			 from the air pollution control system must:
(i) When complying with the requirements of
			 paragraph (c)(3)(ii)(A) of this section, comply with the operating requirements
			 prescribed in "Alternative Method to Implement the Metals Controls" in Appendix
			 IX of this section; and
(ii) When
			 complying with the requirements of paragraph (c)(3)(ii)(B) of this section,
			 comply with the operating requirements prescribed by that paragraph.
(7) Extensions of time.
(i) If the owner or operator does not submit
			 a complete certification of compliance for all of the applicable emissions
			 standards of §§ 266.104, 266.105, 266.106, and 266.107 by August 21,
			 1992, he/she must either:
(A) Stop burning
			 hazardous waste and begin closure activities under paragraph (l) of this
			 section for the hazardous waste portion of the facility; or
(B) Limit hazardous waste burning only for
			 purposes of compliance testing (and pretesting to prepare for compliance
			 testing) a total period of 720 hours for the period of time beginning August
			 21, 1992, submit a notification to the Director by August 21, 1992 stating that
			 the facility is operating under restricted interim status and intends to resume
			 burning hazardous waste, and submit a complete certification of compliance by
			 August 23, 1993; or
(C) Obtain a
			 case-by-case extension of time under paragraph (c)(7)(ii) of this
			 section.
(ii) The owner
			 or operator may request a case-by-case extension of time to extend any time
			 limit provided by paragraph (c) of this section if compliance with the time
			 limit is not practicable for reasons beyond the control of the owner or
			 operator.
(A) In granting an extension, the
			 Director may apply conditions as the facts warrant to ensure timely compliance
			 with the requirements of this section and that the facility operates in a
			 manner that does not pose a hazard to human health and the
			 environment;
(B) When an owner or
			 operator requests an extension of time to enable the facility to comply with
			 the alternative hydrocarbon provisions of § 266.104(f) and obtain a RCRA
			 operating permit because the facility cannot meet the HC limit of §
			 266.104(c) of this rule:
(1) The Director
			 shall, in considering whether to grant the extension:
(i) Determine whether the owner and operator
			 have submitted in a timely manner a complete part B permit application that
			 includes information required under § 270.22(b) of this rule;
			 and
(ii) Consider whether the owner
			 and operator have made a good faith effort to certify compliance with all other
			 emission controls, including the controls on dioxins and furans of §
			 266.104(e) and the controls on PM, metals, and HCl/Cl2.
(2) If an extension is
			 granted, the Director shall, as a condition of the extension, require the
			 facility to operate under flue gas concentration limits on CO and HC that,
			 based on available information, including information in the part B permit
			 application, are baseline CO and HC levels as defined by §
			 266.104(f)(1).
(8) Revised certification of compliance. The
			 owner or operator may submit at any time a revised certification of compliance
			 (recertification of compliance) under the following procedures:
(i) Prior to submittal of a revised
			 certification of compliance, hazardous waste may not be burned for more than a
			 total of 720 hours under operating conditions that exceed those established
			 under a current certification of compliance, and such burning may be conducted
			 only for purposes of determining whether the facility can operate under revised
			 conditions and continue to meet the applicable emissions standards of
			 §§ 266.104, 266.105, 266.106, and 266.107;
(ii) At least 30 days prior to first burning
			 hazardous waste under operating conditions that exceed those established under
			 a current certification of compliance, the owner or operator shall notify the
			 Director and submit the following information:
(A) EPA facility ID number, and facility
			 name, contact person, telephone number, and address;
(B) Operating conditions that the owner or
			 operator is seeking to revise and description of the changes in facility design
			 or operation that prompted the need to seek to revise the operating
			 conditions;
(C) A determination
			 that when operating under the revised operating conditions, the applicable
			 emissions standards of §§ 266.104, 266.105, 266.106, and 266.107 are
			 not likely to be exceeded. To document this determination, the owner or
			 operator shall submit the applicable information required under paragraph
			 (b)(2) of this section; and
(D)
			 Complete emissions testing protocol for any pretesting and for a new compliance
			 test to determine compliance with the applicable emissions standards of
			 §§ 266.104, 266.105, 266.106, and 266.107 when operating under
			 revised operating conditions. The protocol shall include a schedule of
			 pre-testing and compliance testing. If the owner and operator revises the
			 scheduled date for the compliance test, he/she shall notify the Director in
			 writing at least 30 days prior to the revised date of the compliance
			 test;
(iii) Conduct a
			 compliance test under the revised operating conditions and the protocol
			 submitted to the Director to determine compliance with the applicable emissions
			 standards of §§ 266.104, 266.105, 266.106, and 266.107; and
(iv) Submit a revised certification of
			 compliance under paragraph (c)(4) of this section.
(d) Periodic Recertifications. The
			 owner or operator must conduct compliance testing and submit to the Director a
			 recertification of compliance under provisions of paragraph (c) of this section
			 within five (5) years from submitting the previous certification or
			 recertification. If the owner or operator seeks to recertify compliance under
			 new operating conditions, he/she must comply with the requirements of paragraph
			 (c)(8) of this section.
(e)
			 Noncompliance with certification schedule. If the owner or operator does not
			 comply with the interim status compliance schedule provided by paragraphs (b),
			 (c), and (d) of this section, hazardous waste burning must terminate on the
			 date that the deadline is missed, closure activities must begin under paragraph
			 (l) of this section, and hazardous waste burning may not resume except under an
			 operating permit issued under § 270.66 of this rule. For purposes of
			 compliance with the closure provisions of paragraph (l) of this section and
			 §§ 265.112(d)(2) and 265.113 of this rule the boiler or industrial
			 furnace has received "the known final volume of hazardous waste" on the date
			 that the deadline is missed.
(f)
			 Start-up and shut-down. Hazardous waste (except waste fed solely as an
			 ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for
			 metals and chloride/chlorine) must not be fed into the device during start-up
			 and shut-down of the boiler or industrial furnace, unless the device is
			 operating within the conditions of operation specified in the certification of
			 compliance.
(g) Automatic waste
			 feed cut off. During the compliance test required by paragraph (c)(3) of this
			 section, and upon certification of compliance under paragraph (c) of this
			 section, a boiler or industrial furnace must be operated with a functioning
			 system that automatically cuts off the hazardous waste feed when the applicable
			 operating conditions specified in paragraphs (c)(1) (i) and (v through xiii) of
			 this section deviate from those established in the certification of compliance.
			 In addition:
(1) To minimize emissions of
			 organic compounds, the minimum combustion chamber temperature (or the indicator
			 of combustion chamber temperature) that occurred during the compliance test
			 must be maintained while hazardous waste or hazardous waste residues remain in
			 the combustion chamber, with the minimum temperature during the compliance test
			 defined as either:
(i) If compliance with the
			 combustion chamber temperature limit is based on an hourly rolling average, the
			 minimum temperature during the compliance test is considered to be the average
			 over all runs of the lowest hourly rolling average for each run; or
(ii) If compliance with the combustion
			 chamber temperature limit is based on an instantaneous temperature measurement,
			 the minimum temperature during the compliance test is considered to be the
			 time-weighted average temperature during all runs of the test; and
(2) Operating parameters limited
			 by the certification of compliance must continue to be monitored during the
			 cutoff, and the hazardous waste feed shall not be restarted until the levels of
			 those parameters comply with the limits established in the certification of
			 compliance.
(h) Fugitive
			 emissions. Fugitive emissions must be controlled by:
(1) Keeping the combustion zone totally
			 sealed against fugitive emissions; or
(2) Maintaining the combustion zone pressure
			 lower than atmospheric pressure; or
(3) An alternate means of control that the
			 owner or operator can demonstrate provide fugitive emissions control equivalent
			 to maintenance of combustion zone pressure lower than atmospheric pressure.
			 Support for such demonstration shall be included in the operating record.
(i) Changes. A boiler
			 or industrial furnace must cease burning hazardous waste when changes in
			 combustion properties, or feed rates of the hazardous waste, other fuels, or
			 industrial furnace feedstocks, or changes in the boiler or industrial furnace
			 design or operating conditions deviate from the limits specified in the
			 certification of compliance.
(j)
			 Monitoring and Inspections.
(1) The owner or
			 operator must monitor and record the following, at a minimum, while burning
			 hazardous waste:
(i) Feed rates and
			 composition of hazardous waste, other fuels, and industrial furnace feed
			 stocks, and feed rates of ash, metals, and total chloride and chlorine as
			 necessary to ensure conformance with the certification of precompliance or
			 certification of compliance;
(ii)
			 Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons (HC), on a
			 continuous basis at a common point in the boiler or industrial furnace
			 downstream of the combustion zone and prior to release of stack gases to the
			 atmosphere in accordance with the operating limits specified in the
			 certification of compliance. CO, HC, and oxygen monitors must be installed,
			 operated, and maintained in accordance with methods specified in Appendix IX of
			 this part.
(iii) Upon the request
			 of the Director, sampling and analysis of the hazardous waste (and other fuels
			 and industrial furnace feed stocks as appropriate) and the stack gas emissions
			 must be conducted to verify that the operating conditions established in the
			 certification of precompliance or certification of compliance achieve the
			 applicable standards of §§ 266.104, 266.105, 266.106, and
			 266.107.
(2) The boiler
			 or industrial furnace and associated equipment (pumps, valves, pipes, fuel
			 storage tanks, etc.) must be subjected to thorough visual inspection when they
			 contain hazardous waste, at least daily for leaks, spills, fugitive emissions,
			 and signs of tampering.
(3) The
			 automatic hazardous waste feed cutoff system and associated alarms must be
			 tested at least once every 7 days when hazardous waste is burned to verify
			 operability, unless the owner or operator can demonstrate that weekly
			 inspections will unduly restrict or upset operations and that less frequent
			 inspections will be adequate. Support for such demonstration shall be included
			 in the operating record. At a minimum, operational testing must be conducted at
			 least once every 30 days.
(4) These
			 monitoring and inspection data must be recorded and the records must be placed
			 in the operating log.
(k) Recordkeeping. The owner or operator must
			 keep in the operating record of the facility all information and data required
			 by this section for five (5) years.
(l) Closure. At closure, the owner or
			 operator must remove all hazardous waste and hazardous waste residues
			 (including, but not limited to, ash, scrubber waters, and scrubber sludges)
			 from the boiler or industrial furnace and must comply with §§
			 265.111-265.115 of this rule.
§
			 266.104
Standards to control organic emissions
(a) DRE standard-(1) General. Except as
			 provided in paragraph (a)(3) of this section, a boiler or industrial furnace
			 burning hazardous waste must achieve a destruction and removal efficiency (DRE)
			 of 99.99% for all organic hazardous constituents in the waste feed. To
			 demonstrate conformance with this requirement, 99.99% DRE must be demonstrated
			 during a trial burn for each principal organic hazardous constituent (POHC)
			 designated (under paragraph (a)(2) of this section) in its permit for each
			 waste feed. DRE is determined for each POHC from the following equation:
where:
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				image
Win = Mass feed rate of one principal
				organic hazardous constituent (POHC) in the hazardous waste fired to the boiler
				or industrial furnace; and
Wout = Mass emission rate of the same
				POHC present in stack gas prior to release to the atmosphere.
(2) Designation of POHCs. Principal organic
			 hazardous constituents (POHCs) are those compounds for which compliance with
			 the DRE requirements of this section shall be demonstrated in a trial burn in
			 conformance with procedures prescribed in § 270.66 of this rule. One or
			 more POHCs shall be designated by the Director for each waste feed to be
			 burned. POHCs shall be designated based on the degree of difficulty of
			 destruction of the organic constituents in the waste and on their
			 concentrations or mass in the waste feed considering the results of waste
			 analyses submitted with part B of the permit application. POHCs are most likely
			 to be selected from among those compounds listed in Section 261, Appendix VIII
			 of this rule that are also present in the normal waste feed. However, if the
			 applicant demonstrates to the Director's satisfaction that a compound not
			 listed in Appendix VIII or not present in the normal waste feed is a suitable
			 indicator of compliance with the DRE requirements of this section, that
			 compound may be designated as a POHC. Such POHCs need not be toxic or organic
			 compounds.
(3) Dioxin-listed waste.
			 A boiler or industrial furnace burning hazardous waste containing (or derived
			 from) EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, or F027 must
			 achieve a destruction and removal efficiency (DRE) of 99.9999% for each POHC
			 designated (under paragraph (a)(2) of this section) in its permit. This
			 performance must be demonstrated on POHCs that are more difficult to burn than
			 tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is
			 determined for each POHC from the equation in paragraph (a)(1) of this section.
			 In addition, the owner or operator of the boiler or industrial furnace must
			 notify the Director of intent to burn EPA Hazardous Waste Nos. F020, F021,
			 F022, F023, F026, or F027.
(4)
			 Automatic waiver of DRE trial burn. Owners and operators of boilers operated
			 under the special operating requirements provided by § 266.110 are
			 considered to be in compliance with the DRE standard of paragraph (a)(1) of
			 this section and are exempt from the DRE trial burn.
(5) Low risk waste. Owners and operators of
			 boilers or industrial furnaces that burn hazardous waste in compliance with the
			 requirements of § 266.109(a) are considered to be in compliance with the
			 DRE standard of paragraph (a)(1) of this section and are exempt from the DRE
			 trial burn.
(b) Carbon
			 monoxide standard.
(1) Except as provided in
			 paragraph (c) of this section, the stack gas concentration of carbon monoxide
			 (CO) from a boiler or industrial furnace burning hazardous waste cannot exceed
			 100 ppmv on an hourly rolling average basis (i.e., over any 60 minute period),
			 continuously corrected to 7 percent oxygen, dry gas basis.
(2) CO and oxygen shall be continuously
			 monitored in conformance with "Performance Specifications for Continuous
			 Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers,
			 and Industrial Furnaces Burning Hazardous Waste" in Appendix IX of this
			 part.
(3) Compliance with the 100
			 ppmv CO limit must be demonstrated during the trial burn (for new facilities or
			 an interim status facility applying for a permit) or the compliance test (for
			 interim status facilities). To demonstrate compliance, the highest hourly
			 rolling average CO level during any valid run of the trial burn or compliance
			 test must not exceed 100 ppmv.
(c) Alternative carbon monoxide standard.
(1) The stack gas concentration of carbon
			 monoxide (CO) from a boiler or industrial furnace burning hazardous waste may
			 exceed the 100 ppmv limit provided that stack gas concentrations of
			 hydrocarbons (HC) do not exceed 20 ppmv, except as provided by paragraph (f) of
			 this section for certain industrial furnaces.
(2) HC limits must be established under this
			 section on an hourly rolling average basis (i.e., over any 60 minute period),
			 reported as propane, and continuously corrected to 7 percent oxygen, dry gas
			 basis.
(3) HC shall be continuously
			 monitored in conformance with "Performance Specifications for Continuous
			 Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial
			 Furnaces Burning Hazardous Waste" in Appendix IX of this section. CO and oxygen
			 shall be continuously monitored in conformance with paragraph (b)(2) of this
			 section.
(4) The alternative CO
			 standard is established based on CO data during the trial burn (for a new
			 facility) and the compliance test (for an interim status facility). The
			 alternative CO standard is the average over all valid runs of the highest
			 hourly average CO level for each run. The CO limit is implemented on an hourly
			 rolling average basis, and continuously corrected to 7 percent oxygen, dry gas
			 basis.
(d) Special
			 requirements for furnaces. Owners and operators of industrial furnaces (e.g.,
			 kilns, cupolas) that feed hazardous waste for a purpose other than solely as an
			 ingredient (see § 266.103(a)(5)(ii)) at any location other than the end
			 where products are normally discharged and where fuels are normally fired must
			 comply with the hydrocarbon limits provided by paragraphs (c) or (f) of this
			 section irrespective of whether stack gas CO concentrations meet the 100 ppmv
			 limit of paragraph (b) of this section.
(e) Controls for dioxins and furans. Owners
			 and operators of boilers and industrial furnaces that are equipped with a dry
			 particulate matter control device that operates within the temperature range of
			 450-750 °F, and industrial furnaces operating under an alternative
			 hydrocarbon limit established under paragraph (f) of this section must conduct
			 a site-specific risk assessment as follows to demonstrate that emissions of
			 chlorinated dibenzo-p-dioxins and dibenzofurans do not result in an increased
			 lifetime cancer risk to the hypothetical maximum exposed individual (MEI)
			 exceeding 1 in 100,000:
(1) During the trial
			 burn (for new facilities or an interim status facility applying for a permit)
			 or compliance test (for interim status facilities), determine emission rates of
			 the tetra-octa congeners of chlorinated dibenzo-p-dioxins and dibenzofurans
			 (CDDs/CDFs) using Method 0023A, Sampling Method for Polychlorinated
			 Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans Emissions from Stationary
			 Sources, EPA Publication SW-846, as incorporated by reference in § 260.11
			 of this rule.
(2) Estimate the
			 2,3,7,8-TCDD toxicity equivalence of the tetra-octa CDDs/CDFs congeners using
			 "Procedures for Estimating the Toxicity Equivalence of Chlorinated
			 Dibenzo-p-Dioxin and Dibenzofuran Congeners" in Appendix IX of this section.
			 Multiply the emission rates of CDD/CDF congeners with a toxicity equivalence
			 greater than zero (see the procedure) by the calculated toxicity equivalence
			 factor to estimate the equivalent emission rate of 2,3,7,8-TCDD;
(3) Conduct dispersion modeling using methods
			 recommended in Appendix W of 40 CFR part 51 ("Guideline on Air Quality Models
			 (Revised)" (1986) and its supplements), the "Hazardous Waste Combustion Air
			 Quality Screening Procedure", provided in Appendix IX of this Section, or in
			 Screening Procedures for Estimating the Air Quality Impact of Stationary
			 Sources, Revised (incorporated by reference in § 260.11) to predict the
			 maximum annual average off-site ground level concentration of 2,3,7,8-TCDD
			 equivalents determined under paragraph (e)(2) of this section. The maximum
			 annual average concentration must be used when a person resides on-site;
			 and
(4) The ratio of the predicted
			 maximum annual average ground level concentration of 2,3,7,8-TCDD equivalents
			 to the risk-specific dose for 2,3,7,8-TCDD provided in Appendix V of this part
			 (2.2 x 10-7 ) shall not exceed 1.0.
(f) Monitoring CO and HC in the
			 by-pass duct of a cement kiln. Cement kilns may comply with the carbon monoxide
			 and hydrocarbon limits provided by paragraphs (b), (c), and (d) of this section
			 by monitoring in the by-pass duct provided that:
(1) Hazardous waste is fired only into the
			 kiln and not at any location downstream from the kiln exit relative to the
			 direction of gas flow; and
(2) The
			 by-pass duct diverts a minimum of 10% of kiln off-gas into the duct.
(g) Use of emissions test data to
			 demonstrate compliance and establish operating limits. Compliance with the
			 requirements of this section must be demonstrated simultaneously by emissions
			 testing or during separate runs under identical operating conditions. Further,
			 data to demonstrate compliance with the CO and HC limits of this section or to
			 establish alternative CO or HC limits under this section must be obtained
			 during the time that DRE testing, and where applicable, CDD/CDF testing under
			 paragraph (e) of this section and comprehensive organic emissions testing under
			 paragraph (f) is conducted.
(h)
			 Enforcement. For the purposes of permit enforcement, compliance with the
			 operating requirements specified in the permit (under § 266.102) will be
			 regarded as compliance with this section. However, evidence that compliance
			 with those permit conditions is insufficient to ensure compliance with the
			 requirements of this section may be "information" justifying modification or
			 revocation and re-issuance of a permit under § 270.41 of this
			 rule.
§ 266.105
Standards to control particulate matter
(a) A boiler or industrial furnace burning
			 hazardous waste may not emit particulate matter in excess of 180 milligrams per
			 dry standard cubic meter (0.08 grains per dry standard cubic foot) after
			 correction to a stack gas concentration of 7% oxygen, using procedures
			 prescribed in 40 CFR part 60, Appendix A, methods 1 through 5, and Appendix IX
			 of this part.
(b) An owner or
			 operator meeting the requirements of § 266.109(b) for the low risk waste
			 exemption is exempt from the particulate matter standard.
(c) Oxygen correction.
(1) Measured pollutant levels must be
			 corrected for the amount of oxygen in the stack gas according to the formula:
Click here to view
				image
Where:
Pc is the corrected concentration of the
				pollutant in the stack gas, Pm is the measured cm
				concentration of the pollutant in the stack gas, E is the oxygen concentration
				on a dry basis in the combustion air fed to the device, and Y is the measured
				oxygen concentration on a dry basis in the stack.
(2) For devices that feed normal combustion
			 air, E will equal 21 percent. For devices that feed oxygen-enriched air for
			 combustion (that is, air with an oxygen concentration exceeding 21 percent),
			 the value of E will be the concentration of oxygen in the enriched
			 air.
(3) Compliance with all
			 emission standards provided by this subpart must be based on correcting to 7
			 percent oxygen using this procedure.
(d) For the purposes of permit enforcement,
			 compliance with the operating requirements specified in the permit (under
			 § 266.102) will be regarded as compliance with this section. However,
			 evidence that compliance with those permit conditions is insufficient to ensure
			 compliance with the requirements of this section may be "information"
			 justifying modification or revocation and re-issuance of a permit under §
			 270.41 of this rule.
§
			 266.106
Standards to control metals emissions
(a) General. The owner or operator must
			 comply with the metals standards provided by paragraphs (b), (c), (d), (e), or
			 (f) of this section for each metal listed in paragraph (b) of this section that
			 is present in the hazardous waste at detectable levels by using appropriate
			 analytical procedures.
(b) Tier I
			 feed rate screening limits. Feed rate screening limits for metals are specified
			 in Appendix I of this part as a function of terrain-adjusted effective stack
			 height and terrain and land use in the vicinity of the facility. Criteria for
			 facilities that are not eligible to comply with the screening limits are
			 provided in paragraph (b)(7) of this section.
(1) Noncarcinogenic metals. The feed rates of
			 antimony, barium, lead, mercury, thallium, and silver in all feed streams,
			 including hazardous waste, fuels, and industrial furnace feed stocks shall not
			 exceed the screening limits specified in Appendix I of this section.
(i) The feed rate screening limits for
			 antimony, barium, mercury, thallium, and silver are based on either:
(A) An hourly rolling average as defined in
			 § 266.102(e)(6)(i)(B); or
(B)
			 An instantaneous limit not to be exceeded at any time.
(ii) The feed rate screening limit for lead
			 is based on one of the following:
(A) An
			 hourly rolling average as defined in § 266.102(e)(6)(i)(B);
(B) An averaging period of 2 to 24 hours as
			 defined in § 266.102(e)(6)(ii) with an instantaneous feed rate limit not
			 to exceed 10 times the feed rate that would be allowed on an hourly rolling
			 average basis; or
(C) An
			 instantaneous limit not to be exceeded at any time.
(2) Carcinogenic metals.
(i) The feed rates of arsenic, cadmium,
			 beryllium, and chromium in all feed streams, including hazardous waste, fuels,
			 and industrial furnace feed stocks shall not exceed values derived from the
			 screening limits specified in Appendix I of this section.
The feed rate of each of these metals is limited to a level
				such that the sum of the ratios of the actual feed rate to the feed rate
				screening limit specified in Appendix I shall not exceed 1.0, as provided by
				the following equation:
where:
Click here to view
				image
n
= number of carcinogenic metals
AFR
= actual feed rate to the device for metal
				""
FRSL
= feed rate screening limit provided by Appendix I of
				this part for metal "".
(ii) The feed rate screening limits for the
			 carcinogenic metals are based on either:
(A)
			 An hourly rolling average; or
(B)
			 An averaging period of 2 to 24 hours as defined in § 266.102(e)(6)(ii)
			 with an instantaneous feed rate limit not to exceed 10 times the feed rate that
			 would be allowed on an hourly rolling average basis.
(3) TESH.
(i) The terrain-adjusted effective stack
			 height is determined according to the following equation:
Click here to view
				image
where:
Ha = Actual physical stack height
H1 = Plume rise as determined from Appendix VI of this section
				as a function of stack flow rate and stack gas exhaust temperature.
Tr = Terrain rise within five kilometers of the stack.
(ii) The stack height (Ha) may not
			 exceed good engineering practice as specified in
			 40
			 CFR 51.100(ii).
(iii) If the TESH for a particular facility
			 is not listed in the table in the appendices, the nearest lower TESH listed in
			 the table shall be used. If the TESH is four meters or less, a value of four
			 meters shall be used.
(4) Terrain type. The screening limits are a
			 function of whether the facility is located in noncomplex or complex terrain. A
			 device located where any part of the surrounding terrain within 5 kilometers of
			 the stack equals or exceeds the elevation of the physical stack height (Ha) is
			 considered to be in complex terrain and the screening limits for complex
			 terrain apply. Terrain measurements are to be made from U.S. Geological Survey
			 7.5-minute topographic maps of the area surrounding the facility.
(5) Land use. The screening limits are a
			 function of whether the facility is located in an area where the land use is
			 urban or rural. To determine whether land use in the vicinity of the facility
			 is urban or rural, procedures provided in appendices IX or X of this section
			 shall be used.
(6) Multiple stacks.
			 Owners and operators of facilities with more than one on-site stack from a
			 boiler, industrial furnace, incinerator, or other thermal treatment unit
			 subject to controls of metals emissions under a RCRA operating permit or
			 interim status controls must comply with the screening limits for all such
			 units assuming all hazardous waste is fed into the device with the worst-case
			 stack based on dispersion characteristics. The worst-case stack is determined
			 from the following equation as applied to each stack:
Click here to view
				image
Where:
K = a parameter accounting for relative influence of stack
				height and plume rise;
H = physical stack height (meters);
V = stack gas flow rate (m3
				/second); and
T = exhaust temperature (°K).
The stack with the lowest value of is the worst-case
				stack.
(7) Criteria for
			 facilities not eligible for screening limits. If any criteria below are met,
			 the Tier I and Tier II screening limits do not apply. Owners and operators of
			 such facilities must comply with either the Tier III standards provided by
			 paragraph (d) of this section or with the adjusted Tier I feed rate screening
			 limits provided by paragraph (e) of this section.
(i) The device is located in a narrow valley
			 less than one kilometer wide;
(ii)
			 The device has a stack taller than 20 meters and is located such that the
			 terrain rises to the physical height within one kilometer of the
			 facility;
(iii) The device has a
			 stack taller than 20 meters and is located within five kilometers of a
			 shoreline of a large body of water such as an ocean or large lake;
(iv) The physical stack height of any stack
			 is less than 2.5 times the height of any building within five building heights
			 or five projected building widths of the stack and the distance from the stack
			 to the closest boundary is within five building heights or five projected
			 building widths of the associated building; or
(v) The Director determines that standards
			 based on site-specific dispersion modeling are required.
(8) Implementation. The feed rate of metals
			 in each feedstream must be monitored to ensure that the feed rate screening
			 limits are not exceeded.
(c) Tier II emission rate screening limits.
			 Emission rate screening limits are specified in Appendix I as a function of
			 terrain-adjusted effective stack height and terrain and land use in the
			 vicinity of the facility. Criteria for facilities that are not eligible to
			 comply with the screening limits are provided in paragraph (b)(7) of this
			 section.
(1) Noncarcinogenic metals. The
			 emission rates of antimony, barium, lead, mercury, thallium, and silver shall
			 not exceed the screening limits specified in Appendix I of this
			 section.
(2) Carcinogenic metals.
			 The emission rates of arsenic, cadmium, beryllium, and chromium shall not
			 exceed values derived from the screening limits specified in Appendix I of this
			 section. The emission rate of each of these metals is limited to a level such
			 that the sum of the ratios of the actual emission rate to the emission rate
			 screening limit specified in Appendix I shall not exceed 1.0, as provided by
			 the following equation:
Click here to view
				image
where:
n = number of carcinogenic metals
AER = actual emission rate for metal
				"
i
"
ERSL = emission rate screening limit provided by Appendix I of
				this section for metal "
i
".
(3) Implementation. The emission rate limits
			 must be implemented by limiting feed rates of the individual metals to levels
			 during the trial burn (for new facilities or an interim status facility
			 applying for a permit) or the compliance test (for interim status facilities).
			 The feed rate averaging periods are the same as provided by paragraphs
			 (b)(1)(i) and (ii) and (b)(2)(ii) of this section. The feed rate of metals in
			 each feedstream must be monitored to ensure that the feed rate limits for the
			 feedstreams specified under §§ 266.102 or 266.103 are not
			 exceeded.
(4) Definitions and
			 limitations. The definitions and limitations provided by paragraph (b) of this
			 section for the following terms also apply to the Tier II emission rate
			 screening limits provided by paragraph (c) of this section: terrain-adjusted
			 effective stack height, good engineering practice stack height, terrain type,
			 land use, and criteria for facilities not eligible to use the screening
			 limits.
(5) Multiple stacks.
(i) Owners and operators of facilities with
			 more than one onsite stack from a boiler, industrial furnace, incinerator, or
			 other thermal treatment unit subject to controls on metals emissions under a
			 RCRA operating permit or interim status controls must comply with the emissions
			 screening limits for any such stacks assuming all hazardous waste is fed into
			 the device with the worst-case stack based on dispersion
			 characteristics.
(ii) The
			 worst-case stack is determined by procedures provided in paragraph (b)(6) of
			 this section.
(iii) For each metal,
			 the total emissions of the metal from those stacks shall not exceed the
			 screening limit for the worst-case stack.
(d) Tier III and Adjusted Tier I
			 site-specific risk assessment. The requirements of this paragraph apply to
			 facilities complying with either the Tier III or Adjusted Tier I controls,
			 except where specified otherwise.
(1) General.
			 Conformance with the Tier III metals controls must be demonstrated by emissions
			 testing to determine the emission rate for each metal. In addition, conformance
			 with either the Tier III or Adjusted Tier I metals controls must be
			 demonstrated by air dispersion modeling to predict the maximum annual average
			 off-site ground level concentration for each metal, and a demonstration that
			 acceptable ambient levels are not exceeded.
(2) Acceptable ambient levels. Appendices IV
			 and V of this part list the acceptable ambient levels for purposes of this
			 rule. Reference air concentrations (RACs) are listed for the noncarcinogenic
			 metals and 10-5 risk-specific doses (RSDs) are
			 listed for the carcinogenic metals. The RSD for a metal is the acceptable
			 ambient level for that metal provided that only one of the four carcinogenic
			 metals is emitted. If more than one carcinogenic metal is emitted, the
			 acceptable ambient level for the carcinogenic metals is a fraction of the RSD
			 as described in paragraph (d)(3) of this section.
(3) Carcinogenic metals. For the carcinogenic
			 metals, arsenic, cadmium, beryllium, and chromium, the sum of the ratios of the
			 predicted maximum annual average off-site ground level concentrations (except
			 that on-site concentrations must be considered if a person resides on site) to
			 the risk-specific dose (RSD) for all carcinogenic metals emitted shall not
			 exceed 1.0 as determined by the following equation:
Click here to view
				image
where: n = number of carcinogenic metals
(4) Noncarcinogenic metals. For the
			 noncarcinogenic metals, the predicted maximum annual average off-site ground
			 level concentration for each metal shall not exceed the reference air
			 concentration (RAC).
(5) Multiple
			 stacks. Owners and operators of facilities with more than one on-site stack
			 from a boiler, industrial furnace, incinerator, or other thermal treatment unit
			 subject to controls on metals emissions under a RCRA operating permit or
			 interim status controls must conduct emissions testing (except that facilities
			 complying with Adjusted Tier I controls need not conduct emissions testing) and
			 dispersion modeling to demonstrate that the aggregate emissions from all such
			 on-site stacks do not result in an exceedance of the acceptable ambient
			 levels.
(6) Implementation. Under
			 Tier III, the metals controls must be implemented by limiting feed rates of the
			 individual metals to levels during the trial burn (for new facilities or an
			 interim status facility applying for a permit) or the compliance test (for
			 interim status facilities). The feed rate averaging periods are the same as
			 provided by paragraphs (b)(1) (i) and (ii) and (b)(2)(ii) of this section. The
			 feed rate of metals in each feedstream must be monitored to ensure that the
			 feed rate limits for the feedstreams specified under §§ 266.102 or
			 266.103 are not exceeded.
(e) Adjusted Tier I feed rate screening
			 limits. The owner or operator may adjust the feed rate screening limits
			 provided by Appendix I of this section to account for site-specific dispersion
			 modeling. Under this approach, the adjusted feed rate screening limit for a
			 metal is determined by back-calculating from the acceptable ambient level
			 provided by appendices IV and V of this section using dispersion modeling to
			 determine the maximum allowable emission rate. This emission rate becomes the
			 adjusted Tier I feed rate screening limit. The feed rate screening limits for
			 carcinogenic metals are implemented as prescribed in paragraph (b)(2) of this
			 section.
(f) Alternative
			 implementation approaches.
(1) The Director
			 may approve on a case-by-case basis approaches to implement the Tier II or Tier
			 III metals emission limits provided by paragraphs (c) or (d) of this section
			 alternative to monitoring the feed rate of metals in each feedstream.
(2) The emission limits provided by paragraph
			 (d) of this section must be determined as follows:
(i) For each noncarcinogenic metal, by
			 back-calculating from the RAC provided in Appendix IV of this section to
			 determine the allowable emission rate for each metal using the dilution factor
			 for the maximum annual average ground level concentration predicted by
			 dispersion modeling in conformance with paragraph (h) of this section; and
(ii) For each carcinogenic metal
			 by:
(A) Back-calculating from the RSD
			 provided in Appendix V of this part to determine the allowable emission rate
			 for each metal if that metal were the only carcinogenic metal emitted using the
			 dilution factor for the maximum annual average ground level concentration
			 predicted by dispersion modeling in conformance with paragraph (h) of this
			 section; and
(B) If more than one
			 carcinogenic metal is emitted, selecting an emission limit for each
			 carcinogenic metal not to exceed the emission rate determined by paragraph
			 (f)(2)(ii)(A) of this section such that the sum for all carcinogenic metals of
			 the ratios of the selected emission limit to the emission rate determined by
			 that paragraph does not exceed 1.0.
(g) Emission testing -
(1) General. Emission testing for metals
			 shall be conducted using Method 0060, Determinations of Metals in Stack
			 Emissions, EPA Publication SW-846, as incorporated by reference in §
			 260.11 of this rule.
(2) Hexavalent
			 chromium. Emissions of chromium are assumed to be hexavalent chromium unless
			 the owner or operator conducts emissions testing to determine hexavalent
			 chromium emissions using procedures prescribed in Method 0061, Determination of
			 Hexavalent Chromium Emissions from Stationary Sources, EPA Publication SW-846,
			 as incorporated by reference in § 260.11 of this rule.
(h) Dispersion Modeling.
			 Dispersion modeling required under this section shall be conducted according to
			 methods recommended in Appendix W of 40 CFR Part 51 ("Guideline on Air Quality
			 Models (Revised)" (1986) and its supplements), the "Hazardous Waste Combustion
			 Air Quality Screening Procedure", provided in Appendix IX of this Section, or
			 in Screening Procedures for Estimating the Air Quality Impact of Stationary
			 Sources, Revised (incorporated by reference in § 260.11) to predict the
			 maximum annual average off-site ground level concentration. However, on-site
			 concentrations must be considered when a person resides on-site.
(i) Enforcement. For the purposes of permit
			 enforcement, compliance with the operating requirements specified in the permit
			 (under § 266.102) will be regarded as compliance with this section.
			 However, evidence that compliance with those permit conditions is insufficient
			 to ensure compliance with the requirements of this section may be "information"
			 justifying modification or revocation and re-issuance of a permit under §
			 270.41 of this rule.
§
			 266.107
Standards to control hydrogen chloride (HCl) and
			 chlorine gas (Cl2) emissions
(a) General. The owner or operator must
			 comply with the hydrogen chloride (HCl) and chlorine
(Cl2) controls provided by paragraph
				(b), (c), or (e) of this section.
(b) Screening limits-
(1) Tier I feed rate screening limits. Feed
			 rate screening limits are specified for total chlorine in Appendix II of this
			 section as a function of terrain-adjusted effective stack height and terrain
			 and land use in the vicinity of the facility. The feed rate of total chlorine
			 and chloride, both organic and inorganic, in all feed streams, including
			 hazardous waste, fuels, and industrial furnace feed stocks shall not exceed the
			 levels specified.
(2) Tier II
			 emission rate screening limits. Emission rate screening limits for HCl and
			 Cl2 are specified in Appendix III of this section as a
			 function of terrain-adjusted effective stack height and terrain and land use in
			 the vicinity of the facility. The stack emission rates of HCl and Cl shall not
			 exceed the levels specified. 2
(3)
			 Definitions and limitations. The definitions and limitations provided by §
			 266.106(b) for the following terms also apply to the screening limits provided
			 by this paragraph: terrain-adjusted effective stack height, good engineering
			 practice stack height, terrain type, land use, and criteria for facilities not
			 eligible to use the screening limits.
(4) Multiple stacks. Owners and operators of
			 facilities with more than one on-site stack from a boiler, industrial furnace,
			 incinerator, or other thermal treatment unit subject to controls on HCl or
			 Cl2  emissions under a RCRA operating permit or interim
			 status controls must comply with the Tier I and Tier II screening limits for
			 those stacks assuming all hazardous waste is fed into the device with the
			 worst-case stack based on dispersion characteristics.
(i) The worst-case stack is determined by
			 procedures provided in § 266.106(b)(6).
(ii) Under Tier I, the total feed rate of
			 chlorine and chloride to all subject devices shall not exceed the screening
			 limit for the worst-case stack.
(iii) Under Tier II, the total emissions of
			 HCl and Cl2 from all subject stacks shall not exceed the
			 screening limit for the worst-ase stack.
(c) Tier III site-specific risk assessments-
(1) General. Conformance with the Tier III
			 controls must be demonstrated by emissions testing to determine the emission
			 rate for HCl and Cl2 , air dispersion modeling to
			 predict the maximum annual average off-site ground level concentration for each
			 compound, and a demonstration that acceptable ambient levels are not
			 exceeded.
(2) Acceptable ambient
			 levels. Appendix IV of this section lists the reference air concentrations
			 (RACs) for HCl (7 micrograms per cubic meter) and Cl2
			 (0.4 micrograms per cubic meter).
(3) Multiple stacks. Owners and operators of
			 facilities with more than one on-site stack from a boiler, industrial furnace,
			 incinerator, or other thermal treatment unit subject to controls on HCl or
			 Cl2 emissions under a RCRA operating permit or interim
			 status controls must conduct emissions testing and dispersion modeling to
			 demonstrate that the aggregate emissions from all such on-site stacks do not
			 result in an exceedance of the acceptable ambient levels for HCl and
			 Cl2 .
(d) Averaging periods. The HCl and
			 Cl2 controls are implemented by limiting the feed rate
			 of total chlorine and chloride in all feedstreams, including hazardous waste,
			 fuels, and industrial furnace feed stocks. Under Tier I, the feed rate of total
			 chloride and chlorine is limited to the Tier I Screening Limits. Under Tier II
			 and Tier III, the feed rate of total chloride and chlorine is limited to the
			 feed rates during the trial burn (for new facilities or an interim status
			 facility applying for a permit) or the compliance test (for interim status
			 facilities). The feed rate limits are based on either:
(1) An hourly rolling average as defined in
			 § 266.102(e)(6); or
(2) An
			 instantaneous basis not to be exceeded at any time.
(e) Adjusted Tier I feed rate screening
			 limits. The owner or operator may adjust the feed rate screening limit provided
			 by Appendix II of this Section to account for site-specific dispersion
			 modeling. Under this approach, the adjusted feed rate screening limit is
			 determined by back-calculating from the acceptable ambient level for
			 Cl2 provided by Appendix IV of this section using
			 dispersion modeling to determine the maximum allowable emission rate. This
			 emission rate becomes the adjusted Tier I feed rate screening limit.
(f) Emissions testing. Emissions testing for
			 HCl and Cl2 shall be conducted using the procedures
			 described in Methods 0050 or 0051, EPA Publication SW-846, as incorporated by
			 reference in § 260.11 of this rule.
(g) Dispersion modeling. Dispersion modeling
			 shall be conducted according to the provisions of § 266.106(h).
(h) Enforcement. For the purposes of permit
			 enforcement, compliance with the operating requirements specified in the permit
			 (under § 266.102) will be regarded as compliance with this section.
			 However, evidence that compliance with those permit conditions is insufficient
			 to ensure compliance with the requirements of this section may be "information"
			 justifying modification or revocation and re-issuance of a permit under §
			 270.41 of this rule.
§
			 266.108
Small quantity on-site burner exemption
(a) Exempt quantities. Owners and operators
			 of facilities that burn hazardous waste in an on-site boiler or industrial
			 furnace are exempt from the requirements of this subsection provided that:
(1) The quantity of hazardous waste burned in
			 a device for a calendar month does not exceed the limits provided in the
			 following table based on the terrain-adjusted effective stack height as defined
			 in § 266.106(b)(3):
Exempt Quantities for Small Quantity Burner
				Exemption
Terrain-adjusted effective stack height of device
						  (meters)
Allowable hazardous waste burning rate
						  (gallons/month)
Terrain-adjusted effective stack height of device
						  (meters)
Allowable hazardous waste burning rate
						  (gallons/month)
0 to 3.9
0
40.0 to 44.9
210
4.0 to 5.9
13
45.0 to 49.9
260
6.0 to 7.9
18
50.0 to 54.9
330
8.0 to 9.9
27
55.0 to 59.9
400
10.0 to 11.9
40
60.0 to 64.9
490
12.0 to 13.9
48
65.0 to 69.9
610
14.0 to 15.9
59
70.0 to 74.9
680
16.0 to 17.9
69
75.0 to 79.9
760
18.0 to 19.9
76
80.0 to 84.9
850
20.0 to 21.9
84
85.0 to 89.9
960
22.0 to 23.9
93
90.0 to 94.9
1,100
24.0 to 25.9
100
95.0 to 99.9
1,200
26.0 to 27.9
110
100.0 to 104.9
1,300
28.0 to 29.9
130
105.0 to 109.9
1,500
30.0 to 34.9
140
110.0 to 114.9
1,700
35.0 to 39.9
170
115.0 or greater
1,900
(2) The
			 maximum hazardous waste firing rate does not exceed at any time 1 percent of
			 the total fuel requirements for the device (hazardous waste plus other fuel) on
			 a total heat input or mass input basis, whichever results in the lower mass
			 feed rate of hazardous waste.
(3)
			 The hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated;
			 and
(4) The hazardous waste fuel
			 does not contain (and is not derived from) EPA Hazardous Waste Nos. F020, F021,
			 F022, F023, F026, or F027.
(b) Mixing with nonhazardous fuels. If
			 hazardous waste fuel is mixed with a nonhazardous fuel, the quantity of
			 hazardous waste before such mixing is used to comply with paragraph
			 (a).
(c) Multiple stacks. If an
			 owner or operator burns hazardous waste in more than one on-site boiler or
			 industrial furnace exempt under this section, the quantity limits provided by
			 paragraph (a)(1) of this section are implemented according to the following
			 equation:
Click here to view
				image
where:
n
means the number of stacks;
Actual Quantity Burned
means the waste
				quantity burned per month in device "
i
";
Allowable Quantity Burned
means the maximum
				allowable exempt quantity for stack "
i
" from the table in
				(a)(1) above.
Note: Hazardous wastes that are subject to the special
				requirements for small quantity generators under § 261.5 of this rule may
				be burned in an off-site device under the exemption provided by § 266.108,
				but must be included in the quantity determination for the exemption.
(d) Notification requirements. The
			 owner or operator of facilities qualifying for the small quantity burner
			 exemption under this section must provide a one-time signed, written notice to
			 the Division indicating the following:
(1) The
			 combustion unit is operating as a small quantity burner of hazardous
			 waste;
(2) The owner and operator
			 are in compliance with the requirements of this section; and
(3) The maximum quantity of hazardous waste
			 that the facility may burn per month as provided by §
			 266.108(a)(1).
(e)
			 Recordkeeping requirements. The owner or operator must maintain at the facility
			 for at least three years sufficient records documenting compliance with the
			 hazardous waste quantity, firing rate, and heating value limits of this
			 section. At a minimum, these records must indicate the quantity of hazardous
			 waste and other fuel burned in each unit per calendar month, and the heating
			 value of the hazardous waste.
§
			 266.109
Low risk waste exemption
(a) Waiver of DRE standard. The DRE standard
			 of § 266.104(a) does not apply if the boiler or industrial furnace is
			 operated in conformance with (a)(1) of this section and the owner or operator
			 demonstrates by procedures prescribed in (a)(2) of this section that the
			 burning will not result in unacceptable adverse health effects.
(1) The device shall be operated as follows:
(i) A minimum of 50 percent of fuel fired to
			 the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or,
			 if approved by the Director on a case-by-case basis, other nonhazardous fuel
			 with combustion characteristics comparable to fossil fuel. Such fuels are
			 termed "primary fuel" for purposes of this section. (Tall oil is a fuel derived
			 from vegetable and rosin fatty acids.) The 50 percent primary fuel firing rate
			 shall be determined on a total heat or mass input basis, whichever results in
			 the greater mass feed rate of primary fuel fired;
(ii) Primary fuels and hazardous waste fuels
			 shall have a minimum as-fired heating value of 8,000 Btu/lb;
(iii) The hazardous waste is fired directly
			 into the primary fuel flame zone of the combustion chamber; and
(iv) The device operates in conformance with
			 the carbon monoxide controls provided by § 266.104(b)(1). Devices subject
			 to the exemption provided by this section are not eligible for the alternative
			 carbon monoxide controls provided by § 266.104(c).
(2) Procedures to demonstrate that the
			 hazardous waste burning will not pose unacceptable adverse public health
			 effects are as follows:
(i) Identify and
			 quantify those nonmetal compounds listed in Appendix VIII, Section 261 of this
			 rule that could reasonably be expected to be present in the hazardous waste.
			 The constituents excluded from analysis must be identified and the basis for
			 their exclusion explained;
(ii)
			 Calculate reasonable, worst case emission rates for each constituent identified
			 in paragraph (a)(2)(i) of this section by assuming the device achieves 99.9
			 percent destruction and removal efficiency. That is, assume that 0.1 percent of
			 the mass weight of each constituent fed to the device is emitted.
(iii) For each constituent identified in
			 paragraph (a)(2)(i) of this section, use emissions dispersion modeling to
			 predict the maximum annual average ground level concentration of the
			 constituent.
(A) Dispersion modeling shall be
			 conducted using methods specified in § 266.106(h).
(B) Owners and operators of facilities with
			 more than one on-site stack from a boiler or industrial furnace that is exempt
			 under this section must conduct dispersion modeling of emissions from all
			 stacks exempt under this section to predict ambient levels prescribed by this
			 paragraph.
(iv) Ground
			 level concentrations of constituents predicted under paragraph (a)(2)(iii) of
			 this section must not exceed the following levels:
(A) For the noncarcinogenic compounds listed
			 in Appendix IV of this Section, the levels established in Appendix
			 IV;
(B) For the carcinogenic
			 compounds listed in Appendix V of this part, the sum for all constituents of
			 the ratios of the actual ground level concentration to the level established in
			 Appendix V cannot exceed 1.0; and
(C) For constituents not listed in Appendix
			 IV or V, 0.1 micrograms per cubic meter.
(b) Waiver of particulate matter
			 standard. The particulate matter standard of § 266.105 does not apply if:
(1) The DRE standard is waived under
			 paragraph (a) of this section; and
(2) The owner or operator complies with the
			 Tier I or adjusted Tier I metals feed rate screening limits provided by §
			 266.106 (b) or (e).
§
			 266.110
Waiver of DRE trial burn for boilers
Boilers that operate under the special requirements of this
				section, and that do not burn hazardous waste containing (or derived from) EPA
				Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027, are considered to
				be in conformance with the DRE standard of § 266.104(a), and a trial burn
				to demonstrate DRE is waived. When burning hazardous waste:
(a) A minimum of 50 percent of fuel fired to
			 the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or,
			 if approved by the Director on a case-by-case basis, other nonhazardous fuel
			 with combustion characteristics comparable to fossil fuel. Such fuels are
			 termed "primary fuel" for purposes of this section. (Tall oil is a fuel derived
			 from vegetable and rosin fatty acids.) The 50 percent primary fuel firing rate
			 shall be determined on a total heat or mass input basis, whichever results in
			 the greater mass feed rate of primary fuel fired;
(b) Boiler load shall not be less than 40
			 percent. Boiler load is the ratio at any time of the total heat input to the
			 maximum design heat input;
(c)
			 Primary fuels and hazardous waste fuels shall have a minimum as-fired heating
			 value of 8,000 Btu/lb, and each material fired in a burner where hazardous
			 waste is fired must have a heating value of at least 8,000 Btu/lb,
			 as-fired;
(d) The device shall
			 operate in conformance with the carbon monoxide standard provided by §
			 266.104(b)(1). Boilers subject to the waiver of the DRE trial burn provided by
			 this section are not eligible for the alternative carbon monoxide standard
			 provided by § 266.104(c);
(e)
			 The boiler must be a watertube type boiler that does not feed fuel using a
			 stoker or stoker type mechanism; and
(f) The hazardous waste shall be fired
			 directly into the primary fuel flame zone of the combustion chamber with an air
			 or steam atomization firing system, mechanical atomization system, or a rotary
			 cup atomization system under the following conditions:
(1) Viscosity. The viscosity of the hazardous
			 waste fuel as-fired shall not exceed 300 SSU;
(2) Particle size. When a high pressure air
			 or steam atomizer, low pressure atomizer, or mechanical atomizer is used, 70%
			 of the hazardous waste fuel must pass through a 200 mesh (74 micron) screen,
			 and when a rotary cup atomizer is used, 70% of the hazardous waste must pass
			 through a 100 mesh (150 micron) screen;
(3) Mechanical atomization systems. Fuel
			 pressure within a mechanical atomization system and fuel flow rate shall be
			 maintained within the design range taking into account the viscosity and
			 volatility of the fuel;
(4) Rotary
			 cup atomization systems. Fuel flow rate through a rotary cup atomization system
			 must be maintained within the design range taking into account the viscosity
			 and volatility of the fuel.
§ 266.111
Standards for direct
			 transfer
(a) Applicability. The rules
			 in this section apply to owners and operators of boilers and industrial
			 furnaces subject to §§ 266.102 or 266.103 if hazardous waste is
			 directly transferred from a transport vehicle to a boiler or industrial furnace
			 without the use of a storage unit.
(b) Definitions.
(1) When used in this section, the following
			 terms have the meanings given below:
"Direct transfer equipment" means any device (including but not
				limited to, such devices as piping, fittings, flanges, valves, and pumps) that
				is used to distribute, meter, or control the flow of hazardous waste between a
				container (i.e., transport vehicle) and a boiler or industrial furnace.
"Container" means any portable device in which hazardous waste
				is transported, stored, treated, or otherwise handled, and includes transport
				vehicles that are containers themselves (e.g., tank trucks, tanker-trailers,
				and rail tank cars), and containers placed on or in a transport vehicle.
(2) This section references
			 several requirements provided in subparts I and J of parts 264 and 265. For
			 purposes of this section, the term "tank systems" in those referenced
			 requirements means direct transfer equipment as defined in paragraph (b)(1) of
			 this section.
(c)
			 General operating requirements.
(1) No direct
			 transfer of a pumpable hazardous waste shall be conducted from an open-top
			 container to a boiler or industrial furnace.
(2) Direct transfer equipment used for
			 pumpable hazardous waste shall always be closed, except when necessary to add
			 or remove the waste, and shall not be opened, handled, or stored in a manner
			 that may cause any rupture or leak.
(3) The direct transfer of hazardous waste to
			 a boiler or industrial furnace shall be conducted so that it does not:
(i) Generate extreme heat or pressure, fire,
			 explosion, or violent reaction;
(ii) Produce uncontrolled toxic mists, fumes,
			 dusts, or gases in sufficient quantities to threaten human health;
(iii) Produce uncontrolled flammable fumes or
			 gases in sufficient quantities to pose a risk of fire or explosions;
(iv) Damage the structural integrity of the
			 container or direct transfer equipment containing the waste;
(v) Adversely affect the capability of the
			 boiler or industrial furnace to meet the standards provided by §§
			 266.104 through 266.107; or
(vi)
			 Threaten human health or the environment.
(4) Hazardous waste shall not be placed in
			 direct transfer equipment, if it could cause the equipment or its secondary
			 containment system to rupture, leak, corrode, or otherwise fail.
(5) The owner or operator of the facility
			 shall use appropriate controls and practices to prevent spills and overflows
			 from the direct transfer equipment or its secondary containment systems. These
			 include at a minimum:
(i) Spill prevention
			 controls (e.g., check valves, dry discount couplings); and
(ii) Automatic waste feed cutoff to use if a
			 leak or spill occurs from the direct transfer equipment.
(d) Areas where direct transfer
			 vehicles (containers) are located. Applying the definition of container under
			 this section, owners and operators must comply with the following requirements:
(1) The containment requirements of §
			 264.175 of this rule;
(2) The use
			 and management requirements of subsection I, Section 265 of this rule, except
			 for §§ 265.170 and 265.174, and except that in lieu of the special
			 requirements of § 265.176 for ignitable or reactive waste, the owner or
			 operator may comply with the requirements for the maintenance of protective
			 distances between the waste management area and any public ways, streets,
			 alleys, or an adjacent property line that can be built upon as required in
			 Tables 2-1 through 2-6 of the National Fire Protection Association's (NFPA)
			 "Flammable and Combustible Liquids Code," (1977 or 1981), (incorporated by
			 reference, see § 260.11). The owner or operator must obtain and keep on
			 file at the facility a written certification by the local Fire Marshall that
			 the installation meets the subject NFPA codes; and (3) The closure requirements
			 of § 264.178 of this rule.
(e) Direct transfer equipment. Direct
			 transfer equipment must meet the following requirements:
(1) Secondary containment. Owners and
			 operators shall comply with the secondary containment requirements of §
			 265.193 of this rule, except for paragraphs 265.193 (a), (d), (e), and (i) as
			 follows:
(i) For all new direct transfer
			 equipment, prior to their being put into service; and
(ii) For existing direct transfer equipment
			 within 2 years after August 21, 1991.
(2) Requirements prior to meeting secondary
			 containment requirements.
(i) For existing
			 direct transfer equipment that does not have secondary containment, the owner
			 or operator shall determine whether the equipment is leaking or is unfit for
			 use. The owner or operator shall obtain and keep on file at the facility a
			 written assessment reviewed and certified by a qualified, registered
			 professional engineer in accordance with § 270.11(d) of this rule that
			 attests to the equipment's integrity by August 21, 1992.
(ii) This assessment shall determine whether
			 the direct transfer equipment is adequately designed and has sufficient
			 structural strength and compatibility with the waste(s) to be transferred to
			 ensure that it will not collapse, rupture, or fail. At a minimum, this
			 assessment shall consider the following:
(A)
			 Design standard(s), if available, according to which the direct transfer
			 equipment was constructed;
(B)
			 Hazardous characteristics of the waste(s) that have been or will be
			 handled;
(C) Existing corrosion
			 protection measures;
(D) Documented
			 age of the equipment, if available, (otherwise, an estimate of the age);
			 and
(E) Results of a leak test or
			 other integrity examination such that the effects of temperature variations,
			 vapor pockets, cracks, leaks, corrosion, and erosion are accounted
			 for.
(iii) If, as a
			 result of the assessment specified above, the direct transfer equipment is
			 found to be leaking or unfit for use, the owner or operator shall comply with
			 the requirements of §§ 265.196 (a) and (b) of this rule.
(3) Inspections and recordkeeping.
(i) The owner or operator must inspect at
			 least once each operating hour when hazardous waste is being transferred from
			 the transport vehicle (container) to the boiler or industrial furnace:
(A) Overfill/spill control equipment (e.g.,
			 waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that
			 it is in good working order;
(B)
			 The above ground portions of the direct transfer equipment to detect corrosion,
			 erosion, or releases of waste (e.g., wet spots, dead vegetation); and
(C) Data gathered from monitoring equipment
			 and leak-detection equipment, (e.g., pressure and temperature gauges) to ensure
			 that the direct transfer equipment is being operated according to its
			 design.
(ii) The owner
			 or operator must inspect cathodic protection systems, if used, to ensure that
			 they are functioning properly according to the schedule provided by §
			 265.195(b) of this rule:
(iii)
			 Records of inspections made under this paragraph shall be maintained in the
			 operating record at the facility, and available for inspection for at least 3
			 years from the date of the inspection.
(4) Design and installation of new ancillary
			 equipment. Owners and operators must comply with the requirements of §
			 265.192 of this rule.
(5) Response
			 to leaks or spills. Owners and operators must comply with the requirements of
			 § 265.196 of this rule.
(6)
			 Closure. Owners and operators must comply with the requirements of §
			 265.197 of this rule, except for § 265.197 (c)(2) through
			 (c)(4).
§
			 266.112
Rule of residues
A residue derived from the burning or processing of hazardous
				waste in a boiler or industrial furnace is not excluded from the definition of
				a hazardous waste under § 261.4(b) (4), (7), or (8) unless the device and
				the owner or operator meet the following requirements:
(a) The device meets the following criteria:
(1) Boilers. Boilers must burn at least 50%
			 coal on a total heat input or mass input basis, whichever results in the
			 greater mass feed rate of coal;
(2)
			 Ore or mineral furnaces. Industrial furnaces subject to § 261.4(b)(7) must
			 process at least 50% by weight normal, nonhazardous raw materials;
(3) Cement kilns. Cement kilns must process
			 at least 50% by weight normal cement-production raw materials;
(b) The owner or operator
			 demonstrates that the hazardous waste does not significantly affect the residue
			 by demonstrating conformance with either of the following criteria:
(1) Comparison of waste-derived residue with
			 normal residue. The waste-derived residue must not contain Appendix VIII,
			 Section 261 constituents (toxic constituents) that could reasonably be
			 attributable to the hazardous waste at concentrations significantly higher than
			 in residue generated without burning or processing of hazardous waste, using
			 the following procedure. Toxic compounds that could reasonably be attributable
			 to burning or processing the hazardous waste (constituents of concern) include
			 toxic constituents in the hazardous waste, and the organic compounds listed in
			 Appendix VIII of this section that may be generated as products of incomplete
			 combustion. For polychlorinated dibenzo-p-dioxins and polychlorinated
			 dibenzo-furans, analyses must be performed to determine specific congeners and
			 homologues, and the results converted to 2,3,7,8-TCDD equivalent values using
			 the procedure specified in section 4.0 of appendix IX of this section.
(i) Normal residue. Concentrations of toxic
			 constituents of concern in normal residue shall be determined based on analyses
			 of a minimum of 10 samples representing a minimum of 10 days of operation.
			 Composite samples may be used to develop a sample for analysis provided that
			 the compositing period does not exceed 24 hours. The upper tolerance limit (at
			 95% confidence with a 95% proportion of the sample distribution) of the
			 concentration in the normal residue shall be considered the
			 statistically-derived concentration in the normal residue. If changes in raw
			 materials or fuels reduce the statistically-derived concentrations of the toxic
			 constituents of concern in the normal residue, the statistically-derived
			 concentrations must be revised or statistically-derived concentrations of toxic
			 constituents in normal residue must be established for a new mode of operation
			 with the new raw material or fuel. To determine the upper tolerance limit in
			 the normal residue, the owner or operator shall use statistical procedures
			 prescribed in "Statistical Methodology for Bevill Residue Determinations" in
			 Appendix IX of this section.
(ii)
			 Waste-derived residue. Waste-derived residue shall be sampled and analyzed as
			 often as necessary to determine whether the residue generated during each
			 24-hour period has concentrations of toxic constituents that are higher than
			 the concentrations established for the normal residue under paragraph (b)(1)(i)
			 of this section. If so, hazardous waste burning has significantly affected the
			 residue and the residue shall not be excluded from the definition of a
			 hazardous waste. Concentrations of toxic constituents of concern in the
			 waste-derived residue shall be determined based on analysis of one or more
			 samples obtained over a 24-hour period. Multiple samples may be analyzed, and
			 multiple samples may be taken to form a composite sample for analysis provided
			 that the sampling period does not exceed 24 hours. If more than one sample is
			 analyzed to characterize waste-derived residues generated over a 24-hour
			 period, the concentration of each toxic constituent shall be the arithmetic
			 mean of the concentrations in the samples. No results may be disregarded; or
			 (2) Comparison of waste-derived residue concentrations with health-based
			 limits-(i)
Nonmetal constituents.
The concentration of each
			 nonmetal toxic constituent of concern (specified in paragraph (b)(1) of this
			 section) in the waste-derived residue must not exceed the health-based level
			 specified in appendix VII of this Section, or the level of detection whichever
			 is higher. If a health-based limit for a constituent of concern is not listed
			 in appendix VII of this part, then a limit of 0.002 micrograms per kilogram or
			 the level of detection (using analytical procedures contained in SW-846, or
			 other appropriate methods), whichever is higher, must be used. The levels
			 specified in appendix VII of this section (and the default level of 0.002
			 micrograms per kilogram or the level of detection for constituents as
			 identified in Note 1 of appendix VII of this paragraph) are administratively
			 stayed under the condition, for those constituents specified in paragraph b)(1)
			 of this section, that the owner or operator complies with alternative levels
			 defined as the land disposal restriction limits specified in § 268.43 of
			 this rule for F039 nonwaste-waters. In complying with those alternative levels,
			 if an owner or operator is unable detect a constituent despite documenting use
			 of best good-faith efforts as defined by applicable EPA or Division guidance or
			 standards, the owner or operator is deemed to be in compliance for that
			 constituent. Until new guidance or standards are developed, the owner or
			 operator may demonstrate such good faith efforts by achieving a detection limit
			 for the constituent that does not exceed an order of magnitude above the level
			 provided by § 268.43 of this rule for F039 nonwastewaters. In complying
			 with the § 268.43 of this rule F039 nonwastewater levels for
			 polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses
			 must be performed for total hexachlorodibenzo-p-dioxins, total
			 hexachlorodibenzofurans, total pentachloro-dibenzo-p-dioxins, total
			 pentachlorodibenzo-furans, total tetrachlorodibenzo-p-dioxins, and total
			 tetrachlorodibenzofurans.
Note to this paragraph (b)(2)(i):
The administrative stay, under the condition that the owner or operator
				complies with alternative levels defined as the land disposal restriction
				limits specified in § 268.43 of this Rule for F039 nonwastewaters, remains
				in effect until further administrative action is taken and notice is published
				in the Federal Register and the Code of Federal Regulations.
(ii) Metal constituents. The concentration of
			 metals in an extract obtained using the Toxicity Characteristic Leaching
			 Procedure of § 261.24 of this rule must not exceed the levels specified in
			 Appendix VII of this section and
(iii) Sampling and analysis. Waste-derived
			 residue shall be sampled and analyzed as often as necessary to determine
			 whether the residue generated during each 24-hour period has concentrations of
			 toxic constituents that are higher than the health-based levels. Concentrations
			 of toxic constituents of concern in the waste-derived residue shall be
			 determined based on analysis of one or more samples obtained over a 24-hour
			 period. Multiple samples may be analyzed, and multiple samples may be taken to
			 form a composite sample for analysis provided that the sampling period does not
			 exceed 24 hours. If more than one sample is analyzed to characterize
			 waste-derived residues generated over a 24-hour period, the concentration of
			 each toxic constituent shall be the arithmetic mean of the concentrations in
			 the samples. No results may be disregarded; and
(c) Records sufficient to document
			 compliance with the provisions of this section shall be retained until closure
			 of the boiler or industrial furnace unit. At a minimum, the following shall be
			 recorded.
(1) Levels of constituents in
			 Appendix VIII, Section 261, that are present in waste-derived
			 residues;
(2) If the waste-derived
			 residue is compared with normal residue under paragraph (b)(1) of this section:
(i) The levels of constituents in Appendix
			 VIII, Section 261, that are present in normal residues; and
(ii) Data and information, including analyses
			 of samples as necessary, obtained to determine if changes in raw materials or
			 fuels would reduce the concentration of toxic constituents of concern in the
			 normal residue.
Subsections I
- L
			 (Reserved)
Subsections
			 M
- Military Munitions
§
			 266.200
Applicability
(a) The rules in this subsection identify
			 when military munitions become a solid waste, and, if these wastes are also
			 hazardous under this subsection or Section 261, the management standards that
			 apply to these wastes.
(b) Unless
			 otherwise specified in this subsection, all applicable requirements in Sections
			 260 through 270 apply to waste military munitions.
§ 266.201
Definitions
In addition to the definitions in § 260.10, the following
				definitions apply to this subsection:
"Active range" means a military range that is currently in
				service and is being regularly used for range activities.
"Chemical agents and munitions" are defined as in
				50
				U.S.C. section
				1521(j)(1).
"Director" is as defined in § 270.2.
"Explosives or munitions emergency response specialist" is as
				defined in § 260.10.
"Explosives or munitions emergency" is as defined in §
				260.10.
"Explosives or munitions emergency response" is as defined in
				§ 260.10.
"Inactive range" means a military range that is not currently
				being used, but that is still under military control and considered by the
				military to be a potential range area, and that has not been put to a new use
				that is incompatible with range activities.
"Military" means the Department of Defense (DOD), the Armed
				Services, Coast Guard, National Guard, Department of Energy (DOE), or other
				parties under contract or acting as an agent for the foregoing, who handle
				military munitions.
"Military munitions" is as defined in § 260.10.
"Military range" means designated land and water areas set
				aside, managed, and used to conduct research on, develop, test, and evaluate
				military munitions and explosives, other ordnance, or weapon systems, or to
				train military personnel in their use and handling. Ranges include firing lines
				and positions, maneuver areas, firing lanes, test pads, detonation pads, impact
				areas, and buffer zones with restricted access and exclusionary areas.
"Unexploded ordnance (UXO)" means military munitions that have
				been primed, fused, armed, or otherwise prepared for action, and have been
				fired, dropped, launched, projected, or placed in such a manner as to
				constitute a hazard to operations, installation, personnel, or material and
				remain unexploded either by malfunction, design, or any other cause.
§ 266.202
Definition of
			 solid waste
(a) A military munition is
			 not a solid waste when:
(1) Used for its
			 intended purpose, including:
(i) Use in
			 training military personnel or explosives and munitions emergency response
			 specialists (including training in proper destruction of unused propellant or
			 other munitions); or
(ii) Use in
			 research, development, testing, and evaluation of military munitions, weapons,
			 or weapon systems; or
(iii)
			 Recovery, collection, and on-range destruction of unexploded ordnance and
			 munitions fragments during range clearance activities at active or inactive
			 ranges. However, "use for intended purpose" does not include the on-range
			 disposal or burial of unexploded ordnance and contaminants when the burial is
			 not a result of product use.
(2) An unused munition, or component thereof,
			 is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or
			 otherwise subjected to materials recovery activities, unless such activities
			 involve use constituting disposal as defined in § 261.2(c)(1), or burning
			 for energy recovery as defined in § 261.2(c)(2).
(b) An unused military munition is a solid
			 waste when any of the following occurs:
(1)
			 The munition is abandoned by being disposed of, burned, detonated (except
			 during intended use as specified in paragraph (a) of this section),
			 incinerated, or treated prior to disposal; or
(2) The munition is removed from storage in a
			 military magazine or other storage area for the purpose of being disposed of,
			 burned, or incinerated, or treated prior to disposal, or
(3) The munition is deteriorated or damaged
			 (e.g., the integrity of the munition is compromised by cracks, leaks, or other
			 damage) to the point that it cannot be put into serviceable condition, and
			 cannot reasonably be recycled or used for other purposes; or (4) The munition
			 has been declared a solid waste by an authorized military official.
(c) A used or fired military
			 munition is a solid waste:
(1) When
			 transported off range or from the site of use, where the site of use is not a
			 range, for the purposes of storage, reclamation, treatment, disposal, or
			 treatment prior to disposal; or
(2)
			 If recovered, collected, and then disposed of by burial, or landfilling either
			 on or off a range.
(d)
			 For purposes of RCRA section 1004(27), a used or fired military munition is a
			 solid waste, and, therefore, is potentially subject to RCRA corrective action
			 authorities under sections 3004(u) and (v), and 3008(h), or imminent and
			 substantial endangerment authorities under section 7003, if the munition lands
			 off-range and is not promptly rendered safe and/or retrieved. Any imminent and
			 substantial threats associated with any remaining material must be addressed.
			 If remedial action is infeasible, the operator of the range must maintain a
			 record of the event for as long as any threat remains. The record must include
			 the type of munition and its location (to the extent the location is
			 known).
§ 266.203
Standards applicable to the transportation of solid waste military
			 munitions
(a) Criteria for hazardous
			 waste rule of waste non-chemical military munitions in transportation.
(1) Waste military munitions that are being
			 transported and that exhibit a hazardous waste characteristic or are listed as
			 hazardous waste under Section 261, are listed or identified as a hazardous
			 waste (and thus are subject to rules under Sections 260 through 270), unless
			 all the following conditions are met:
(i) The
			 waste military munitions are not chemical agents or chemical munitions; (ii)
			 The waste military munitions must be transported in accordance with the
			 Department of Defense shipping controls applicable to the transport of military
			 munitions;
(iii) The waste military
			 munitions must be transported from a military owned or operated installation to
			 a military owned or operated treatment, storage, or disposal facility;
			 and
(iv) The transporter of the
			 waste must provide oral notice to the Director within 24 hours from the time
			 the transporter becomes aware of any loss or theft of the waste military
			 munitions, or any failure to meet a condition of paragraph (a)(1) of this
			 section that may endanger health or the environment. In addition, a written
			 submission describing the circumstances shall be provided within 5 days from
			 the time the transporter becomes aware of any loss or theft of the waste
			 military munitions or any failure to meet a condition of paragraph (a)(1) of
			 this section.
(2) If any
			 waste military munitions shipped under paragraph (a)(1) of this section are not
			 received by the receiving facility within 45 days of the day the waste was
			 shipped, the owner or operator of the receiving facility must report this
			 non-receipt to the Director within 5 days.
(3) The exemption in paragraph (a)(1) of this
			 section from rule as hazardous waste shall apply only to the transportation of
			 non-chemical waste military munitions. It does not affect the regulatory status
			 of waste military munitions as hazardous wastes with regard to storage,
			 treatment or disposal.
(4) The
			 conditional exemption in paragraph (a)(1) of this section applies only so long
			 as all of the conditions in paragraph (a)(1) of this section are met.
(b) Reinstatement of exemption. If
			 any waste military munition loses its exemption under paragraph (a)(1) of this
			 section, an application may be filed with the Director for reinstatement of the
			 exemption from hazardous waste transportation rule with respect to such
			 munition as soon as the munition is returned to compliance with the conditions
			 of paragraph (a)(1) of this section. If the Director finds that reinstatement
			 of the exemption is appropriate based on factors such as the transporter's
			 provision of a satisfactory explanation of the circumstances of the violation,
			 or a demonstration that the violations are not likely to recur, the Director
			 may reinstate the exemption under paragraph (a)(1) of this section. If the
			 Director does not take action on the reinstatement application within 60 days
			 after receipt of the application, then reinstatement shall be deemed granted,
			 retroactive to the date of the application. The Director may terminate a
			 conditional exemption reinstated by default in the preceding sentence if the
			 Director finds that reinstatement is inappropriate based on factors such as the
			 transporter's failure to provide a satisfactory explanation of the
			 circumstances of the violation, or failure to demonstrate that the violations
			 are not likely to recur. In reinstating the exemption under paragraph (a)(1) of
			 this section, the Director may specify additional conditions as are necessary
			 to ensure and document proper transportation to protect human health and the
			 environment.
(c) Amendments to DOD
			 shipping controls. The Department of Defense shipping controls applicable to
			 the transport of military munitions referenced in paragraph (a)(1)(ii) of this
			 section are Government Bill of Lading (GBL) (GSA Standard Form 1109),
			 requisition tracking form DD Form 1348, the Signature and Talley Record (DD
			 Form 1907), Special Instructions for Motor Vehicle Drivers (DD Form 836), and
			 the Motor Vehicle Inspection Report (DD Form 626) in effect on November 8,
			 1995, except as provided in the following sentence. Any amendments to the
			 Department of Defense shipping controls shall become effective for purposes of
			 paragraph (a)(1) of this section on the date the Department of Defense
			 publishes notice in the Federal Register that the shipping controls referenced
			 in paragraph (a)(1)(ii) of this section have been amended.
§ 266.204
Standards applicable to
			 emergency responses
Explosives and munitions emergencies involving military
				munitions or explosives are subject to §§ 262.10(i), 263.10(f),
				264.1(g)(8), 265.1(c)(11), and 270.1(c)(3), or alternatively to § 270.61
				of this rule.
§
			 266.205
Standards applicable to the storage of solid waste
			 military munitions
(a) Criteria for
			 hazardous waste rule of waste non-chemical military munitions in storage.
(1) Waste military munitions in storage that
			 exhibit a hazardous waste characteristic or are listed as hazardous waste under
			 Section 261, are listed or identified as a hazardous waste (and thus are
			 subject to rule under Sections 260 through 279), unless all the following
			 conditions are met:
(i) The waste military
			 munitions are not chemical agents or chemical munitions. (ii) The waste
			 military munitions must be subject to the jurisdiction of the Department of
			 Defense Explosives Safety Board (DDESB).
(iii) The waste military munitions must be
			 stored in accordance with the DDESB storage standards applicable to waste
			 military munitions.
(iv) Within 90
			 days of August 12, 1997 or within 90 days of when a storage unit is first used
			 to store waste military munitions, whichever is later, the owner or operator
			 must notify the Director of the location of any waste storage unit used to
			 store waste military munitions for which the conditional exemption in paragraph
			 (a)(1) is claimed.
(v) The owner or
			 operator must provide oral notice to the Director within 24 hours from the time
			 the owner or operator becomes aware of any loss or theft of the waste military
			 munitions, or any failure to meet a condition of paragraph (a)(1) that may
			 endanger health or the environment. In addition, a written submission
			 describing the circumstances shall be provided within 5 days from the time the
			 owner or operator becomes aware of any loss or theft of the waste military
			 munitions or any failure to meet a condition of paragraph (a)(1) of this
			 section.
(vi) The owner or operator
			 must inventory the waste military munitions at least annually, must inspect the
			 waste military munitions at least quarterly for compliance with the conditions
			 of paragraph (a)(1) of this section, and must maintain records of the findings
			 of these inventories and inspections for at least three years.
(vii) Access to the stored waste military
			 munitions must be limited to appropriately trained and authorized
			 personnel.
(2) The
			 conditional exemption in paragraph (a)(1) of this section from rule as
			 hazardous waste shall apply only to the storage of non-chemical waste military
			 munitions. It does not affect the regulatory status of waste military munitions
			 as hazardous wastes with regard to transportation, treatment or
			 disposal.
(3) The conditional
			 exemption in paragraph (a)(1) of this section applies only so long as all of
			 the conditions in paragraph (a)(1) of this section are met.
(b) Notice of termination of waste
			 storage. The owner or operator must notify the Director when a storage unit
			 identified in paragraph (a)(1)(iv) of this section will no longer be used to
			 store waste military munitions.
(c)
			 Reinstatement of conditional exemption. If any waste military munition loses
			 its conditional exemption under paragraph (a)(1) of this section, an
			 application may be filed with the Director for reinstatement of the conditional
			 exemption from hazardous waste storage rule with respect to such munition as
			 soon as the munition is returned to compliance with the conditions of paragraph
			 (a)(1) of this section. If the Director finds that reinstatement of the
			 conditional exemption is appropriate based on factors such as the owner's or
			 operator's provision of a satisfactory explanation of the circumstances of the
			 violation, or a demonstration that the violations are not likely to recur, the
			 Director may reinstate the conditional exemption under paragraph (a)(1) of this
			 section. If the Director does not take action on the reinstatement application
			 within 60 days after receipt of the application, then reinstatement shall be
			 deemed granted, retroactive to the date of the application. However, the
			 Director may terminate a conditional exemption reinstated by default in the
			 preceding sentence if he/she finds that reinstatement is inappropriate based on
			 factors such as the owner's or operator's failure to provide a satisfactory
			 explanation of the circumstances of the violation, or failure to demonstrate
			 that the violations are not likely to recur. In reinstating the conditional
			 exemption under paragraph (a)(1) of this section, the Director may specify
			 additional conditions as are necessary to ensure and document proper storage to
			 protect human health and the environment.
(d) Waste chemical munitions.
(1) Waste military munitions that are
			 chemical agents or chemical munitions and that exhibit a hazardous waste
			 characteristic or are listed as hazardous waste under Section 261, are listed
			 or
i
dentified as a hazardous waste and shall be subject to the
			 applicable regulatory requirements of RCRA subtitle C.
(2) Waste military munitions that are
			 chemical agents or chemical munitions and that exhibit a hazardous waste
			 characteristic or are listed as hazardous waste under Section 261, are not
			 subject to the storage prohibition in RCRA section 3004(j), codified at
			 40 CFR
			 268.50. (e) Amendments to DDESB storage
			 standards. The DDESB storage standards applicable to waste military munitions,
			 referenced in paragraph (a)(1)(iii) of this section, are DOD 6055.9-STD ("DOD
			 Ammunition and Explosive Safety Standards"), in effect on November 8, 1995,
			 except as provided in the following sentence. Any amendments to the DDESB
			 storage standards shall become effective for purposes of paragraph (a)(1) of
			 this section on the date the Department of Defense publishes notice in the
			 Federal Register that the DDESB standards referenced in paragraph (a)(1) of
			 this section have been amended.
§ 266.206
Standards applicable to
			 the treatment and disposal of waste military munitions
The treatment and disposal of hazardous waste military
				munitions are subject to the applicable permitting, procedural, and technical
				standards in Sections 260 through 270 of this rule.
Subpart N-Conditional Exemption for Low-Level Mixed Waste
				Storage, Treatment, Transportation, and Disposal Terms
§ 266.210
What definitions apply
			 to this subpart?
This subsection uses the following special definitions:
"Agreement State" means a state that has entered into an
				agreement with the NRC under subsection 274b of the Atomic Energy Act of 1954,
				as amended (68 Stat. 919), to assume responsibility for regulating within its
				borders byproduct, source, or special nuclear material in quantities not
				sufficient to form a critical mass.
"Certified delivery" means certified mail with return receipt
				requested, or equivalent courier service, or other means, that provides the
				sender with a receipt confirming delivery.
"Director" refers to the definition in § 270.2.
"Eligible Naturally Occurring and/or Accelerator-produced
				Radioactive Material" (NARM) is NARM that is eligible for the Transportation
				and Disposal Conditional Exemption. It is a NARM waste that contains RCRA
				hazardous waste, meets the waste acceptance criteria of, and is allowed by
				State NARM regulations to be disposed of at a low-level radioactive waste
				disposal facility (LLRWDF) licensed in accordance with 10 CFR Part 61 or NRC
				Agreement State equivalent regulations.
"Exempted waste" means a waste that meets the eligibility
				criteria in § 266.225 and meets all of the conditions in § 266.230,
				or meets the eligibility criteria in § 266.310 and complies with all the
				conditions in § 266.315. Such waste is conditionally exempted from the
				regulatory definition of hazardous waste described in § 261.3 of this
				rule.
"Hazardous Waste" means any material which is defined to be
				hazardous waste in accordance with § 261.3, "Definition of Hazardous
				Waste.''
"Land Disposal Restriction (LDR) Treatment Standards" means
				treatment standards, under Section 268 of this rule, that a RCRA hazardous
				waste must meet before it can be disposed of in a RCRA hazardous waste land
				disposal unit.
"License" means a license issued by the Nuclear Regulatory
				Commission, or NRC Agreement State, to users that manage radionuclides
				regulated by NRC, or NRC Agreement States, under authority of the Atomic Energy
				Act of 1954, as amended.
" Low-Level Mixed Waste" (LLMW) is a waste that contains both
				low-level radioactive waste and RCRA hazardous waste.
" Low-Level Radioactive Waste" (LLW) is a radioactive waste
				which contains source, special nuclear, or by-product material, and which is
				not classified as high-level radioactive waste, transuranic waste, spent
				nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic
				Energy Act. (See also NRC definition of "waste" at
				10
				CFR 61.2 )
"Mixed Waste" means a waste that contains both RCRA hazardous
				waste and source, special nuclear, or byproduct material subject to the Atomic
				Energy Act of 1954, as amended.
"Naturally Occurring and/or Accelerator-produced Radioactive
				Material" (NARM) means radioactive materials that:
(1) Are naturally occurring and are not
			 source, special nuclear, or byproduct materials (as defined by the AEA)
			 or
(2) Are produced by an
			 accelerator. NARM is regulated by the States under State law, or by DOE (as
			 authorized by the AEA) under DOE orders.
"NRC" means the U. S. Nuclear Regulatory Commission.
"We" or "us" within this subpart, means the Director as defined
				in § 270.2 of this rule. "You" means a generator, treater, or other
				handler of low-level mixed waste or eligible NARM.
Storage and Treatment Conditional Exemption and
				Eligibility
§
			 266.220
What does a storage and treatment conditional
			 exemption do?
The storage and treatment conditional exemption exempts your
				low-level mixed waste from the regulatory definition of hazardous waste in
				§ 261.3 if your waste meets the eligibility criteria in § 266.225 and
				you meet the conditions in § 266.230.
§ 266.225
What wastes are eligible
			 for the storage and treatment conditional exemption?
Low-level mixed waste (LLMW), defined in § 266.210, is
				eligible for this conditional exemption if it is generated and managed by you
				under a single NRC or NRC Agreement State license. (Mixed waste generated at a
				facility with a different license number and shipped to your facility for
				storage or treatment requires a permit and is ineligible for this exemption. In
				addition, NARM waste is ineligible this exemption.)
§ 266.230
What conditions must you
			 meet for your LLMW to qualify for and maintain a storage and treatment
			 exemption?
(a) For your LLMW to qualify
			 for the exemption you must notify us in writing by certified delivery that you
			 are claiming a conditional exemption for the LLMW stored on your facility. The
			 dated notification must include your name, address, RCRA identification number,
			 NRC or NRC Agreement State license number, the waste code(s) and storage
			 unit(s) for which you are seeking an exemption, and a statement that you meet
			 the conditions of this subpart. Your notification must be signed by your
			 authorized representative who certifies that the information in the
			 notification is true, accurate, and complete. You must notify us of your claim
			 either within 90 days of the effective date of this rule in your State, or
			 within 90 days of when a storage unit is first used to store conditionally
			 exempt LLMW.
(b) To qualify for and
			 maintain an exemption for your LLMW you must:
(1) Store your LLMW waste in tanks or
			 containers in compliance with the requirements of your license that apply to
			 the proper storage of low-level radioactive waste (not including those license
			 requirements that relate solely to recordkeeping);
(2) Store your LLMW in tanks or containers in
			 compliance with chemical compatibility requirements of a tank or container in
			 §§ 264.177, or 264.199 or 265.177, or 265.199 of this rule;
(3) Certify that facility personnel who
			 manage stored conditionally exempt LLMW are trained in a manner that ensures
			 that the conditionally exempt waste is safely managed and includes training in
			 chemical waste management and hazardous materials incidents response that meets
			 the personnel training standards found in § 265.16(a)(3) of this
			 rule;
(4) Conduct an inventory of
			 your stored conditionally exempt LLMW at least annually and inspect it at least
			 quarterly for compliance with subsection N of this section; and
(5) Maintain an accurate emergency plan and
			 provide it to all local authorities who may have to respond to a fire,
			 explosion, or release of hazardous waste or hazardous constituents. Your plan
			 must describe emergency response arrangements with local authorities; describe
			 evacuation plans; list the names, addresses, and telephone numbers of all
			 facility personnel qualified to work with local authorities as emergency
			 coordinators; and list emergency equipment.
Treatment
§
			 266.235
What waste treatment does the storage and treatment
			 conditional exemption allow?
You may treat your low-level mixed waste at your facility
				within a tank or container in accordance with the terms of your NRC or NRC
				Agreement State license. Treatment that cannot be done in a tank or container
				without a RCRA permit (such as incineration) is not allowed under this
				exemption.
Loss of Conditional Exemption
§ 266.240
How could you lose the
			 conditional exemption for your LLMW and what action must you take?
(a) Your LLMW will automatically lose the
			 storage and treatment conditional exemption if you fail to meet any of the
			 conditions specified in § 266.230. When your LLMW loses the exemption, you
			 must immediately manage that waste which failed the condition as RCRA hazardous
			 waste, and the storage unit storing the LLMW immediately becomes subject to
			 RCRA hazardous waste container and/or tank storage requirements.
(1) If you fail to meet any of the conditions
			 specified in § 266.230 you must report to us and the NRC, or the oversight
			 agency in the NRC Agreement State, in writing by certified delivery within 30
			 days of learning of the failure. Your report must be signed by your authorized
			 representative certifying that the information provided is true, accurate, and
			 complete. This report must include:
(i) The
			 specific condition(s) you failed to meet;
(ii) A description of the LLMW (including the
			 waste name, hazardous waste codes and quantity) and storage location at the
			 facility; and
(iii) The date(s) on
			 which you failed to meet the condition(s).
(2) If the failure to meet any of the
			 conditions may endanger human health or the environment, you must also
			 immediately notify us orally within 24 hours and follow up with a written
			 notification within five days. Failures that may endanger human health or the
			 environment include, but are not limited to, discharge of a CERCLA reportable
			 quantity or other leaking or exploding tanks or containers, or detection of
			 radionuclides above background or hazardous constituents in the leachate
			 collection system of a storage area. If the failure may endanger human health
			 or the environment, you must follow the provisions of your emergency
			 plan.
(b) We may
			 terminate your conditional exemption for your LLMW, or require you to meet
			 additional conditions to claim a conditional exemption, for serious or repeated
			 noncompliance with any requirement(s) of subpart N of this part.
§ 266.245
If you lose
			 the storage and treatment conditional exemption for your LLMW, can the
			 exemption be reclaimed?
(a) You may
			 reclaim the storage and treatment exemption for your LLMW if:
(1) You again meet the conditions specified
			 in § 266.230; and
(2) You send
			 us a notice by certified delivery that you are reclaiming the exemption for
			 your LLMW. Your notice must be signed by your authorized representative
			 certifying that the information contained in your notice is true, complete, and
			 accurate. In your notice you must do the following:
(i) Explain the circumstances of each
			 failure.
(ii) Certify that you have
			 corrected each failure that caused you to lose the exemption for your LLMW and
			 that you again meet all the conditions as of the date you specify.
(iii) Describe plans that you have
			 implemented, listing specific steps you have taken, to ensure the conditions
			 will be met in the future.
(iv)
			 Include any other information you want us to consider when we review your
			 notice reclaiming the exemption.
(b) We may terminate a reclaimed conditional
			 exemption if we find that your claim is inappropriate based on factors
			 including, but not limited to, the following: you have failed to correct the
			 problem; you explained the circumstances of the failure unsatisfactorily; or
			 you failed to implement a plan with steps to prevent another failure to meet
			 the conditions of §266.230. In reviewing a reclaimed conditional exemption
			 under this section, we may add conditions to the exemption to ensure that waste
			 management during storage and treatment of the LLMW will protect human health
			 and the environment.
Recordkeeping
§
			 266.250
What records must you keep at your facility and for
			 how long?
(a) In addition to those
			 records required by your NRC or NRC Agreement State license, you must keep
			 records as follows:
(1) Your initial
			 notification records, return receipts, reports to us of failure(s) to meet the
			 exemption conditions, and all records supporting any reclaim of an
			 exemption;
(2) Records of your LLMW
			 annual inventories, and quarterly inspections;
(3) Your certification that facility
			 personnel who manage stored mixed waste are trained in safe management of LLMW
			 including training in chemical waste management and hazardous materials
			 incidents response; and
(4) Your
			 emergency plan as specified in § 266.230(b).
(b) You must maintain records concerning
			 notification, personnel trained, and your emergency plan for as long as you
			 claim this exemption and for three years thereafter, or in accordance with NRC
			 regulations under 10 CFR part 20 (or equivalent NRC Agreement State
			 regulations), whichever is longer. You must maintain records concerning your
			 annual inventory and quarterly inspections for three years after the waste is
			 sent for disposal, or in accordance with NRC regulations under 10 CFR part 20
			 (or equivalent NRC Agreement State regulations), whichever is longer.
Reentry Into RCRA
§ 266.255
When is your LLMW no
			 longer eligible for the storage and treatment conditional exemption?
(a) When your LLMW has met the requirements
			 of your NRC or NRC Agreement State license for decay-in-storage and can be
			 disposed of as non-radioactive waste, then the conditional exemption for
			 storage no longer applies. On that date your waste is subject to hazardous
			 waste rule under the relevant sections of Sections 260 through 268 of this
			 rule, and the time period for accumulation of a hazardous waste as specified in
			 § 262.16 or 262.17 begins.
(b)
			 When your conditionally exempt LLMW, which has been generated and stored under
			 a single NRC or NRC Agreement State license number, is removed from storage, it
			 is no longer eligible for the storage and treatment exemption. However, your
			 waste may be eligible for the transportation and disposal conditional exemption
			 at §266.305.
Storage Unit Closure
§ 266.260
Do closure requirements
			 apply to units that stored LLMW prior to the effective date of Subpart
			 N?
Interim status and permitted storage units that have been used
				to store only LLMW prior to the effective date of subpart N of this part and,
				after that date, store only LLMW which becomes exempt under this subpart N, are
				not subject to the closure requirements of Sections 264 and 265 of this rule.
				Storage units (or portions of units) that have been used to store both LLMW and
				non-mixed hazardous waste prior to the effective date of subpart N or are used
				to store both after that date remain subject to closure requirements with
				respect to the non-mixed hazardous waste.
Transportation and Disposal Conditional
				Exemption
§ 266.305
What does the transportation and disposal conditional exemption do?
This conditional exemption exempts your waste from the
				regulatory definition of hazardous waste in § 261.3 if your waste meets
				the eligibility criteria under § 266.310, and you meet the conditions in
				§ 266.315.
Eligibility
§
			 266.310
What wastes are eligible for the transportation and
			 disposal conditional exemption?
Eligible waste must be:
(a) A low-level mixed waste (LLMW), as
			 defined in §
2
66.210, that meets the waste acceptance
			 criteria of a LLRWDF; and/or
(b) An
			 eligible NARM waste, defined in § 266.210.
Conditions
§
			 266.315
What are the conditions you must meet for your waste
			 to qualify for and maintain the transportation and disposal conditional
			 exemption?
You must meet the following conditions for your eligible waste
				to qualify for and maintain the exemption:
(a) The eligible waste must meet or be
			 treated to meet LDR treatment standards as described in §
			 266.320.
(b) If you are not already
			 subject to NRC, or NRC Agreement State equivalent manifest and transportation
			 regulations for the shipment of your waste, you must manifest and transport
			 your waste according to NRC regulations as described in §
			 266.325.
(c) The exempted waste
			 must be in containers when it is disposed of in the LLRWDF as described in
			 § 266.340.
(d) The exempted
			 waste must be disposed of at a designated LLRWDF as described in §
			 266.335.
§ 266.320
What treatment standards must your eligible waste meet?
Your LLMW or eligible NARM waste must meet Land Disposal
				Restriction (LDR) treatment standards specified in Section 268, subpart D of
				this rule.
§ 266.325
Are you subject to the manifest and transportation condition in
			 §266.315(b)?
If you are not already subject to NRC, or NRC Agreement State
				equivalent manifest and transportation regulations for the shipment of your
				waste, you must meet the manifest requirements under
				10 CFR
				20.2006 (or NRC Agreement State equivalent
				regulations), and the transportation requirements under
				10 CFR
				1.5 (or NRC Agreement State equivalent
				regulations) to ship the exempted waste.
§ 266.330
When does the
			 transportation and disposal exemption take effect?
The exemption becomes effective once all the following have
				occurred:
(a) Your eligible waste
			 meets the applicable LDR treatment standards.
(b) You have received return receipts that
			 you have notified both DEQ and the LLRWDF as described in 266.345.
(c) You have completed the packaging and
			 preparation for shipment requirements for your waste according to NRC Packaging
			 and Transportation regulations found under 10 CFR part 71 (or NRC Agreement
			 State equivalent regulations); and you have prepared a manifest for your waste
			 according to NRC manifest regulations found under 10 CFR part 20 (or NRC
			 Agreement State equivalent regulations), and
(d) You have placed your waste on a
			 transportation vehicle destined for a LLRWDF licensed by NRC or an NRC
			 Agreement State.
§
			 266.335
Where must your exempted waste be disposed
			 of?
Your exempted waste must be disposed of in a LLRWDF that is
				regulated and licensed by NRC under 10 CFR part 61 or by an NRC Agreement State
				under equivalent State regulations, including State NARM licensing regulations
				for eligible NARM.
§
			 266.340
What type of container must be used for disposal of
			 exempted waste?
Your exempted waste must be placed in containers before it is
				disposed. The container must be:
(a) A
			 carbon steel drum; or
(b) An
			 alternative container with equivalent containment performance in the disposal
			 environment as a carbon steel drum; or
(c) A high integrity container as defined by
			 NRC.
Notification
§
			 266.345
Whom must you notify?
(a) You must provide a one time notice to DEQ
			 stating that you are claiming the transportation and disposal conditional
			 exemption prior to the initial shipment of an exempted waste from your facility
			 to a LLRWDF. Your dated written notice must include your facility name,
			 address, phone number, and RCRA ID number, and be sent by certified
			 delivery.
(b) You must notify the
			 LLRWDF receiving your exempted waste by certified delivery before shipment of
			 each exempted waste. You can only ship the exempted waste after you have
			 received the return receipt of your notice to the LLRWDF. This notification
			 must include the following:
(1) A statement
			 that you have claimed the exemption for the waste.
(2) A statement that the eligible waste meets
			 applicable LDR treatment standards.
(3) Your facility's name, address, and RCRA
			 ID number.
(4) The RCRA hazardous
			 waste codes prior to the exemption of the waste streams.
(5) A statement that the exempted waste must
			 be placed in a container according to Sec. 266.340 prior to disposal in order
			 for the waste to remain exempt under the transportation and disposal
			 conditional exemption of subpart N of this part.
(6) The manifest number of the shipment that
			 will contain the exempted waste.
(7) A certification that all the information
			 provided is true, complete, and accurate. The statement must be signed by your
			 authorized representative.
Recordkeeping
§
			 266.350
What records must you keep at your facility and for
			 how long?
In addition to those records required by your NRC or NRC
				Agreement State license, you must keep records as follows:
(a) You must follow the applicable existing
			 recordkeeping requirements under §§ 264.73, 265.73, and 268.7 of this
			 rule to demonstrate that your waste has met LDR treatment standards prior to
			 your claiming the exemption.
(b)
			 You must keep a copy of all notifications and return receipts required under
			 §§ 266.355, and § 266.360 for three years after the exempted
			 waste is sent for disposal.
(c) You
			 must keep a copy of all notifications and return receipts required under §
			 266.345(a) for three years after the last exempted waste is sent for
			 disposal.
(d) You must keep a copy
			 of the notification and return receipt required under § 266.345(b) for
			 three years after the exempted waste is sent for disposal.
(e) If you are not already subject to NRC, or
			 NRC Agreement State equivalent manifest and transportation regulations for the
			 shipment of your waste, you must also keep all other documents related to
			 tracking the exempted waste as required under
			 10 CFR
			 20.2006 or NRC Agreement State equivalent
			 regulations, including applicable NARM requirements, in addition to the records
			 specified in § 266.350(a) through (d).
Loss of Transportation and Disposal Conditional
				Exemption
§ 266.355
How could you lose the transportation and disposal conditional exemption for
			 your waste and what actions must you take?
(a) Any waste will automatically lose the
			 transportation and disposal exemption if you fail to manage it in accordance
			 with all of the conditions specified in § 266.315.
(1) When you fail to meet any of the
			 conditions specified in § 266.315 for any of your wastes, you must report
			 to DEQ, in writing by certified delivery, within 30 days of learning of the
			 failure. Your report must be signed by your authorized representative
			 certifying that the information provided is true, accurate, and complete. This
			 report must include:
(i) The specific
			 condition(s) that you failed to meet for the waste;
(ii) A description of the waste (including
			 the waste name, hazardous waste codes and quantity) that lost the exemption;
			 and
(iii) The date(s) on which you
			 failed to meet the condition(s) for the waste.
(2) If the failure to meet any of the
			 conditions may endanger human health or the environment, you must also
			 immediately notify DEQ orally within 24 hours and follow up with a written
			 notification within 5 days. (b) DEQ may terminate your ability to claim a
			 conditional exemption for your waste, or require you to meet additional
			 conditions to claim a conditional exemption, for serious or repeated
			 noncompliance with any requirement(s) of subsection N of this
			 section.
§
			 266.360
If you lose the transportation and disposal
			 conditional exemption for a waste, can the exemption be reclaimed?
(a) You may reclaim the transportation and
			 disposal exemption for a waste after you have received a return receipt
			 confirming that DEQ has received your notification of the loss of the exemption
			 specified in § 266.355(a) and if:
(1)
			 You again meet the conditions specified in § 266.315 for the waste;
			 and
(2) You send a notice, by
			 certified delivery, to DEQ that you are reclaiming the exemption for the waste.
			 Your notice must be signed by your authorized representative certifying that
			 the information provided is true, accurate, and complete. The notice must:
(i) Explain the circumstances of each
			 failure.
(ii) Certify that each
			 failure that caused you to lose the exemption for the waste has been corrected
			 and that you again meet all conditions for the waste as of the date you
			 specify.
(iii) Describe plans you
			 have implemented, listing the specific steps that you have taken, to ensure
			 that conditions will be met in the future.
(iv) Include any other information you want
			 us to consider when we review your notice reclaiming the exemption.
(b) DEQ may terminate a
			 reclaimed conditional exemption if the Division finds that your claim is
			 inappropriate based on factors including, but not limited to: you have failed
			 to correct the problem; you explained the circumstances of the failure
			 unsatisfactorily; or you failed to implement a plan with steps to prevent
			 another failure to meet the conditions of § 266.315. In reviewing a
			 reclaimed conditional exemption under this section, we may add conditions to
			 the exemption to ensure that transportation and disposal activities will
			 protect human health and the environment.
Appendices
Appendix I.-Tier I and Tier II Feed Rate and Emissions
				Screening Limits for Metals
Table I-A.-Tier I and Tier II Feed Rate and Emissions
				Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex
				Terrain [
Values for urban areas]
Terrain adjusted eff. stack ht. (m)
Antimony (g/hr)
Barium (g/hr)
Lead (g/hr)
Mercury (g/hr)
Silver (g/hr)
Thallium (g/hr)
4
6.0E + 01
1.0E + 04
1.8E + 01
6.0E + 01
6.0E + 02
6.0E + 01
6
6.8E + 01
1.1E + 04
2.0E + 01
6.8E + 01
6.8E + 02
6.8E + 01
8
7.6E + 01
1.3E + 04
2.3E + 01
7.6E + 01
7.6E + 02
7.6E + 01
10
8.6E + 01
1.4E + 04
2.6E + 01
8.6E + 01
8.6E + 02
8.6E + 01
12
9.6E + 01
1.7E + 04
3.0E + 01
9.6E + 01
9.6E + 02
9.6E + 01
14
1.1E + 02
1.8E + 04
3.4E + 01
1.1E + 02
1.1E + 03
1.1E + 02
16
1.3E + 02
2.1E + 04
3.6E + 01
1.3E + 02
1.3E + 03
1.3E + 02
18
1.4E + 02
2.4E + 04
4.3E + 01
1.4E + 02
1.4E + 03
1.4E + 02
20
1.6E + 02
2.7E + 04
4.6E + 01
1.6E + 02
1.6E + 03
1.6E + 02
22
1.8E + 02
3.0E + 04
5.4E + 01
1.8E + 02
1.8E + 03
1.8E + 02
24
2.0E + 02
3.4E + 04
6.0E + 01
2.0E + 02
2.0E + 03
2.0E + 02
26
2.3E + 02
3.9E + 04
6.8E + 01
2.3E + 02
2.3E + 03
2.3E + 02
28
2.6E + 02
4.3E + 04
7.8E + 01
2.6E + 02
2.6E + 03
2.6E + 02
30
3.0E + 02
5.0E + 04
9.0E + 01
3.0E + 02
3.0E + 03
3.0E + 02
35
4.0E + 02
6.6E + 04
1.1E + 02
4.0E + 02
4.0E + 03
4.0E + 02
40
4.6E + 02
7.8E + 04
1.4E + 02
4.6E + 02
4.6E + 03
4.6E + 02
45
6.0E + 02
1.0E + 05
1.8E + 02
6.0E + 02
6.0E + 03
6.0E + 02
50
7.8E + 02
1.3E + 05
2.3E + 02
7.8E + 02
7.8E + 03
7.8E + 02
55
9.6E + 02
1.7E + 05
3.0E + 02
9.6E + 02
9.6E + 03
9.6E + 02
60
1.2E + 03
2.0E + 05
3.6E + 02
1.2E + 03
1.2E + 04
1.2E + 03
65
1.5E + 03
2.5E + 05
4.3E + 02
1.5E + 03
1.5E + 04
1.5E + 03
70
1.7E + 03
2.8E + 05
5.0E + 02
1.7E + 03
1.7E + 04
1.7E + 03
75
1.9E + 03
3.2E + 05
5.8E + 02
1.9E + 03
1.9E + 04
1.9E + 03
80
2.2E + 03
3.6E + 05
6.4E + 02
2.2E + 03
2.2E + 04
2.2E + 03
85
2.5E + 03
4.0E + 05
7.6E + 02
2.5E + 03
2.5E + 04
2.5E + 03
90
2.8E + 03
4.6E + 05
8.2E + 02
2.8E + 03
2.8E + 04
2.8E + 03
95
3.2E + 03
5.4E + 05
9.6E + 02
3.2E + 03
3.2E + 04
3.2E + 03
100
3.6E + 03
6.0E + 05
1.1E + 03
3.6E + 03
3.6E + 04
3.6E + 03
105
4.0E + 03
6.8E + 05
1.2E + 03
4.0E + 03
4.0E + 04
4.0E + 03
110
4.6E + 03
7.8E + 05
1.4E + 03
4.6E + 03
4.6E + 04
4.6E + 03
115
5.4E + 03
8.6E + 05
1.6E + 03
5.4E + 03
5.4E + 04
5.4E + 03
120
6.0E + 03
1.0E + 06
1.8E + 03
6.0E + 03
6.0E + 04
6.0E + 03
Table I-B.-Tier I and Tier II Feed Rate and Emissions
				Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex
				Terrain
Terrain adjusted eff. stack ht. (m)
Antimony (g/hr)
Barium (g/hr)
Lead (g/hr)
Mercury (g/hr)
Silver (g/hr)
Thallium (g/hr)
4
3.1E + 01
5.2E + 03
9.4E + 00
3.1E + 01
3.1E + 02
3.1E + 01
6
3.6E + 01
6.0E + 03
1.1E + 01
3.6E + 01
3.6E + 02
3.6E + 01
8
4.0E + 01
6.8E + 03
1.2E + 01
4.0E + 01
4.0E + 02
4.0E + 01
10
4.6E + 01
7.8E + 03
1.4E + 01
4.6E + 01
4.6E + 02
4.6E + 01
12
5.8E + 01
9.6E + 03
1.7E + 01
5.8E + 01
5.8E + 02
5.8E + 01
14
6.8E + 01
1.1E + 04
2.1E + 01
6.8E + 01
6.8E + 02
6.8E + 01
16
8.6E + 01
1.4E + 04
2.6E + 01
8.6E + 01
8.6E + 02
8.6E + 01
18
1.1E + 02
1.8E + 04
3.2E + 01
1.1E + 02
1.1E + 03
1.1E + 02
20
1.3E + 02
2.2E + 04
4.0E + 01
1.3E + 02
1.3E + 03
1.3E + 02
22
1.7E + 02
2.8E + 04
5.0E + 01
1.7E + 02
1.7E + 03
1.7E + 02
24
2.2E + 02
3.6E + 04
6.4E + 01
2.2E + 02
2.2E + 03
2.2E + 02
26
2.8E + 02
4.6E + 04
8.2E + 01
2.8E + 02
2.8E + 03
2.8E + 02
28
3.5E + 02
5.8E + 04
1.0E + 02
3.5E + 02
3.5E + 03
3.5E + 02
30
4.3E + 02
7.6E + 04
1.3E + 02
4.3E + 02
4.3E + 03
4.3E + 02
35
7.2E + 02
1.2E + 05
2.1E + 02
7.2E + 02
7.2E + 03
7.2E + 02
40
1.1E + 03
1.8E + 05
3.2E + 02
1.1E + 03
1.1E + 04
1.1E + 03
45
1.5E + 03
2.5E + 05
4.6E + 02
1.5E + 03
1.5E + 04
1.5E + 03
50
2.0E + 03
3.3E + 05
6.0E + 02
2.0E + 03
2.0E + 04
2.0E + 03
55
2.6E + 03
4.4E + 05
7.8E + 02
2.6E + 03
2.6E + 04
2.6E + 03
60
3.4E + 03
5.8E + 05
1.0E + 03
3.4E + 03
3.4E + 04
3.4E + 03
65
4.6E + 03
7.6E + 05
1.4E + 03
4.6E + 03
4.6E + 04
4.6E + 03
70
5.4E + 03
9.0E + 05
1.6E + 03
5.4E + 03
5.4E + 04
5.4E + 03
75
6.4E + 03
1.1E + 06
1.9E + 03
6.4E + 03
6.4E + 04
6.4E + 03
80
7.6E + 03
1.3E + 06
2.3E + 03
7.6E + 03
7.6E + 04
7.6E + 03
85
9.4E + 03
1.5E + 06
2.8E + 03
9.4E + 03
9.4E + 04
9.4E + 03
90
1.1E + 04
1.8E + 06
3.3E + 03
1.1E + 04
1.1E + 05
1.1E + 04
95
1.3E + 04
2.2E + 06
3.9E + 03
1.3E + 04
1.3E + 05
1.3E + 04
100
1.5E + 04
2.6E + 06
4.6E + 03
1.5E + 04
1.5E + 05
1.5E + 04
105
1.8E + 04
3.0E + 06
5.4E + 03
1.8E + 04
1.8E + 05
1.8E + 04
110
2.2E + 04
3.6E + 06
6.6E + 03
2.2E + 04
2.2E + 05
2.2E + 04
115
2.6E + 04
4.4E + 06
7.8E + 03
2.6E + 04
2.6E + 05
2.6E + 04
120
3.1E + 04
5.0E + 06
9.2E + 03
3.1E + 04
3.1E + 05
3.1E + 04
Table I-C.-Tier I and Tier II Feed Rate and Emissions
				Screening Limits for Noncarcinogenic Metals for Facilities in Complex
				Terrain
Values for urban and rural areas
Terrain adjusted eff. stack ht. (m)
Antimony (g/hr)
Barium (g/hr)
Lead (g/hr)
Mercury (g/hr)
Silver (g/hr)
Thallium (g/hr)
4
1.4E + 01
2.4E + 03
4.3E + 00
1.4E + 01
1.4E + 02
1.4E + 01
6
2.1E + 01
3.5E + 03
6.2E + 00
2.1E + 01
2.1E + 02
2.1E + 01
8
3.0E + 01
5.0E + 03
9.2E + 00
3.0E + 01
3.0E + 02
3.0E + 01
10
4.3E + 01
7.6E + 03
1.3E + 01
4.3E + 01
4.3E + 02
4.3E + 01
12
5.4E + 01
9.0E + 03
1.7E + 01
5.4E + 01
5.4E + 02
5.4E + 01
14
6.8E + 01
1.1E + 04
2.0E + 01
6.8E + 01
6.8E + 02
6.8E + 01
16
7.8E + 01
1.3E + 04
2.4E + 01
7.8E + 01
7.8E + 02
7.8E + 01
18
8.6E + 01
1.4E + 04
2.6E + 01
8.6E + 01
8.6E + 02
8.6E + 01
20
9.6E + 01
1.6E + 04
2.9E + 01
9.6E + 01
9.6E + 02
9.6E + 01
22
1.0E + 02
1.8E + 04
3.2E + 01
1.0E + 02
1.0E + 03
1.0E + 02
24
1.2E + 02
1.9E + 04
3.5E + 01
1.2E + 02
1.2E + 03
1.2E + 02
26
1.3E + 02
2.2E + 04
3.6E + 01
1.3E + 02
1.3E + 03
1.3E + 02
28
1.4E + 02
2.4E + 04
4.3E + 01
1.4E + 02
1.4E + 03
1.4E + 02
30
1.6E + 02
2.7E + 04
4.6E + 01
1.6E + 02
1.6E + 03
1.6E + 02
35
2.0E + 02
3.3E + 04
5.8E + 01
2.0E + 02
2.0E + 03
2.0E + 02
40
2.4E + 02
4.0E + 04
7.2E + 01
2.4E + 02
2.4E + 03
2.4E + 02
45
3.0E + 02
5.0E + 04
9.0E + 01
3.0E + 02
3.0E + 03
3.0E + 02
50
3.6E + 02
6.0E + 04
1.1E + 02
3.6E + 02
3.6E + 03
3.6E + 02
55
4.6E + 02
7.6E + 04
1.4E + 02
4.6E + 02
4.6E + 03
4.6E + 02
60
5.8E + 02
9.4E + 04
1.7E + 02
5.8E + 02
5.8E + 03
5.8E + 02
65
6.8E + 02
1.1E + 05
2.1E + 02
6.8E + 02
6.8E + 03
6.8E + 02
70
7.8E + 02
1.3E + 05
2.4E + 02
7.8E + 02
7.8E + 03
7.8E + 02
75
8.6E + 02
1.4E + 05
2.6E + 02
8.6E + 02
8.6E + 03
8.6E + 02
80
9.6E + 02
1.6E + 05
2.9E + 02
9.6E + 02
9.6E + 03
9.6E + 02
85
1.1E + 03
1.8E + 05
3.3E + 02
1.1E + 03
1.1E + 04
1.1E + 03
90
1.2E + 03
2.0E + 05
3.6E + 02
1.2E + 03
1.2E + 04
1.2E + 03
95
1.4E + 03
2.3E + 05
4.0E + 02
1.4E + 03
1.4E + 04
1.4E + 03
100
1.5E + 03
2.6E + 05
4.6E + 02
1.5E + 03
1.5E + 04
1.5E + 03
105
1.7E + 03
2.8E + 05
5.0E + 02
1.7E + 03
1.7E + 04
1.7E + 03
110
1.9E + 03
3.2E + 05
5.8E + 02
1.9E + 03
1.9E + 04
1.9E + 03
115
2.1E + 03
3.6E + 05
6.4E + 02
2.1E + 03
2.1E + 04
2.1E + 03
120
2.4E + 03
4.0E + 05
7.2E + 02
2.4E + 03
2.4E + 04
2.4E + 03
Table I-D.-Tier I and Tier II Feed Rate and Emissions
				Screening Limits for Carcinogenic Metals for Facilities in Noncomplex
				Terrain
Values for use in urban areas
Values for use in rural areas
Terrain adjusted eff. stack ht. (m)
Arsenic (g/hr)
Cadmium (g/hr)
Chromium (g/hr)
Beryllium (g/hr)
Arsenic (g/hr)
Cadmium (g/hr)
Chromium (g/hr)
Beryllium (g/hr)
4
4.6E-01
1.1E + 00
1.7E-01
8.2E-01
2.4E-01
5.8E-01
8.6E-02
4.3E-01
6
5.4E-01
1.3E + 00
1.9E-01
9.4E-01
2.8E-01
6.6E-01
1.0E-01
5.0E-01
8
6.0E-01
1.4E + 00
2.2E-01
1.1E + 00
3.2E-01
7.6E-01
1.1E-01
5.6E-01
10
6.8E-01
1.6E + 00
2.4E-01
1.2E + 00
3.6E-01
8.6E-01
1.3E-01
6.4E-01
12
7.6E-01
1.8E + 00
2.7E-01
1.4E + 00
4.3E-01
1.1E + 00
1.6E-01
7.8E-01
14
8.6E-01
2.1E + 00
3.1E-01
1.5E + 00
5.4E-01
1.3E + 00
2.0E-01
9.6E-01
16
9.6E-01
2.3E + 00
3.5E-01
1.7E + 00
6.8E-01
1.6E + 00
2.4E-01
1.2E + 00
18
1.1E +00
2.6E + 00
4.0E-01
2.0E + 00
8.2E-01
2.0E + 00
3.0E-01
1.5E + 00
20
1.2E + 00
3.0E + 00
4.4E-01
2.2E + 00
1.0E + 00
2.5E + 00
3.7E-01
1.9E + 00
22
1.4E + 00
3.4E + 00
5.0E-01
2.5E + 00
1.3E + 00
3.2E + 00
4.8E-01
2.4E + 00
24
1.6E + 00
3.9E + 00
5.8E-01
2.8E + 00
1.7E + 00
4.0E + 00
6.0E-01
3.0E + 00
26
1.8E + 00
4.3E + 00
6.4E-01
3.2E + 00
2.1E + 00
5.0E + 00
7.6E-01
3.9E + 00
28
2.0E + 00
4.8E + 00
7.2E-01
3.6E + 00
2.7E + 00
6.4E + 00
9.8E-01
5.0E + 00
30
2.3E + 00
5.4E + 00
8.2E-01
4.0E + 00
3.5E + 00
8.2E + 00
1.2E + 00
6.2E + 00
35
3.0E + 00
6.8E + 00
1.0E + 00
5.4E + 00
5.4E + 00
1.3E + 01
1.9E + 00
9.6E + 00
40
3.6E + 00
9.0E + 00
1.3E + 00
6.8E + 00
8.2E + 00
2.0E + 01
3.0E + 00
1.5E + 01
45
4.6E + 00
1.1E + 01
1.7E + 00
8.6E + 00
1.1E + 01
2.8E + 01
4.2E + 00
2.1E + 01
50
6.0E + 00
1.4E + 01
2.2E + 00
1.1E + 01
1.5E + 01
3.7E + 01
5.4E + 00
2.8E + 01
55
7.6E + 00
1.8E + 01
2.7E + 00
1.4E + 01
2.0E + 01
5.0E + 01
7.2E + 00
3.6E + 01
60
9.4E + 00
2.2E + 01
3.4E + 00
1.7E + 01
2.7E + 01
6.4E + 01
9.6E + 00
4.8E + 01
65
1.1E + 01
2.8E + 01
4.2E + 00
2.1E + 01
3.6E + 01
8.6E + 01
1.3E + 01
6.4E + 01
70
1.3E + 01
3.1E + 01
4.6E + 00
2.4E + 01
4.3E + 01
1.0E + 02
1.5E + 01
7.6E + 01
75
1.5E + 01
3.6E + 01
5.4E + 00
2.7E + 01
5.0E + 01
1.2E + 02
1.8E + 01
9.0E + 01
80
1.7E + 01
4.0E + 01
6.0E + 00
3.0E + 01
6.0E + 01
1.4E + 02
2.2E + 01
1.1E + 02
85
1.9E + 01
4.6E + 01
6.8E + 00
3.4E + 01
7.2E + 01
1.7E + 02
2.6E + 01
1.3E + 02
90
2.2E +01
5.0E + 01
7.8E + 00
3.9E + 01
8.6E +
2.0E + 02
3.0E + 01
1.5E + 02
95
2.5E + 01
5.8E + 01
9.0E + 00
4.4E + 01
1.0E + 02
2.4E + 02
3.6E + 01
1.8E + 02
100
2.8E + 01
6.8E + 01
1.0E + 01
5.0E + 01
1.2E + 02
2.9E + 02
4.3E + 01
2.2E + 02
105
3.2E + 01
7.6E + 01
1.1E + 01
5.6E + 01
1.4E + 02
3.4E + 02
5.0E + 01
2.6E + 02
110
3.6E + 01
8.6E + 01
1.3E + 01
6.4E + 01
1.7E + 02
4.0E + 02
6.0E + 01
3.0E + 02
115
4.0E + 01
9.6E + 01
1.5E + 01
7.2E + 01
2.0E + 02
4.8E + 02
7.2E + 01
3.6E + 02
120
4.6E + 01
1.1E + 02
1.7E + 01
8.2E + 01
2.4E + 02
5.8E + 02
8.6E + 01
4.3E + 02
Table I-E.-Tier I and Tier II Feed Rate and Emissions
				Screening Limits for Carcinogenic Metals for Facilities in Complex
				Terrain
Values for use in urban and rural
						  areas
Terrain adjusted eff. stack ht. (m)
Arsenic (g/hr)
Cadmium (g/hr)
Chromium (g/hr)
Beryllium (g/hr)
4
1.1E-01
2.6E-01
4.0E-02
2.0E-01
6
1.6E-01
3.9E-01
5.8E-02
2.9E-01
8
2.4E-01
5.8E-01
8.6E-02
4.3E-01
10
3.5E-01
8.2E-01
1.3E-01
6.2E-01
12
4.3E-01
1.0E + 00
1.5E-01
7.6E-01
14
5.0E-01
1.3E + 00
1.9E-01
9.4E-01
16
6.0E-01
1.4E + 00
2.2E-01
1.1E + 00
18
6.8E-01
1.6E + 00
2.4E-01
1.2E + 00
20
7.6E-01
1.8E + 00
2.7E-01
1.3E + 00
22
8.2E-01
1.9E + 00
3.0E-01
1.5E + 00
24
9.0E-01
2.1E + 00
3.3E-01
1.6E + 00
26
1.0E + 00
2.4E + 00
3.6E-01
1.8E + 00
28
1.1E + 00
2.7E + 00
4.0E-01
2.0E + 00
30
1.2E + 00
3.0E + 00
4.4E-01
2.2E + 00
35
1.5E + 00
3.7E + 00
5.4E-01
2.7E + 00
40
1.9E + 00
4.6E + 00
6.8E-01
3.4E + 00
45
2.4E + 00
5.4E + 00
8.4E-01
4.2E + 00
50
2.9E + 00
6.8E + 00
1.0E + 00
5.0E + 00
55
3.5E + 00
8.4E + 00
1.3E + 00
6.4E + 00
60
4.3E + 00
1.0E + 01
1.5E + 00
7.8E + 00
65
5.4E + 00
1.3E + 01
1.9E + 00
9.6E + 00
70
6.0E + 00
1.4E + 01
2.2E + 00
1.1E + 01
75
6.8E + 00
1.6E + 01
2.4E + 00
1.2E + 01
80
7.6E + 00
1.8E + 01
2.7E + 00
1.3E + 01
85
8.2E + 00
2.0E + 01
3.0E + 00
1.5E + 01
90
9.4E + 00
2.3E + 01
3.4E + 00
1.7E + 01
95
1.0E + 01
2.5E + 01
4.0E + 00
1.9E + 01
100
1.2E + 01
2.8E + 01
4.3E + 00
2.1E + 01
105
1.3E + 01
3.2E + 01
4.8E + 00
2.4E + 01
110
1.5E + 01
3.5E + 01
5.4E + 00
2.7E + 01
115
1.7E + 01
4.0E + 01
6.0E + 00
3.0E + 01
120
1.9E + 01
4.4E + 01
6.4E + 00
3.3E + 01
Appendix II-Tier I Feed Rate Screening Limits for Total
				Chlorine
Noncompl
ex Terrain
Complex Terrain
Terrain-adjusted effective stack height
						  (m)
Urban (g/hr)
Rural (g/hr)
(g/hr)
4
8.2E + 01
4.2E + 01
1.9E + 01
6
9.1E + 01
4.8E + 01
2.8E + 01
8
1.0E + 02
5.3E + 01
4.1E + 01
10
1.2E + 02
6.2E + 01
5.8E + 01
12
1.3E + 02
7.7E + 01
7.2E + 01
14
1.5E + 02
9.1E + 01
9.1E + 01
16
1.7E + 02
1.2E + 02
1.1E + 02
18
1.9E + 02
1.4E + 02
1.2E + 02
20
2.1E + 02
1.8E + 02
1.3E + 02
22
2.4E + 02
2.3E + 02
1.4E + 02
24
2.7E + 02
2.9E + 02
1.6E + 02
26
3.1E + 02
3.7E + 02
1.7E + 02
28
3.5E + 02
4.7E + 02
1.9E + 02
30
3.9E + 02
5.8E + 02
2.1E + 02
35
5.3E + 02
9.6E + 02
2.6E + 02
40
6.2E + 02
1.4E + 03
3.3E + 02
45
8.2E + 02
2.0E + 03
4.0E + 02
50
1.1E + 03
2.6E + 03
4.8E + 02
55
1.3E + 03
3.5E + 03
6.2E + 02
60
1.6E + 03
4.6E + 03
7.7E + 02
65
2.0E + 03
6.2E + 03
9.1E + 02
70
2.3E + 03
7.2E + 03
1.1E + 03
75
2.5E + 03
8.6E + 03
1.2E + 03
80
2.9E + 03
1.0E + 04
1.3E + 03
85
3.3E + 03
1.2E + 04
1.4E + 03
90
3.7E + 03
1.4E + 04
1.6E + 03
95
4.2E + 03
1.7E + 04
1.8E + 03
100
4.8E + 03
2.1E + 04
2.0E + 03
105
5.3E + 03
2.4E + 04
2.3E + 03
110
6.2E + 03
2.9E + 04
2.5E + 03
115
7.2E + 03
3.5E + 04
2.8E + 03
120
8.2E + 03
4.1E + 04
3.2E + 03
Appendix III-Tier II Emission Rate Screening Limits for
				Free Chlorine and Hydrogen Chloride
Terrain-adjusted effective stack height
						  (m)
Noncomplex terrain
Complex terrain
Values for urban areas
Values for rural areas
Values for use in urban and rural
						  areas
Cl2
(g/hr)
HCl (g/hr)
Cl2
(g/hr)
HCl (g/hr)
Cl2 (g/hr)
HCl (g/hr)
4
8.2E + 01
1.4E + 03
4.2E + 01
7.3E + 02
1.9E + 01
3.3E + 02
6
9.1E + 01
1.6E + 03
4.8E + 01
8.3E + 02
2.8E + 01
4.9E + 02
8
1.0E + 02
1.8E + 03
5.3E + 01
9.2E + 02
4.1E + 01
7.1E + 02
10
1.2E + 02
2.0E + 03
6.2E + 01
1.1E + 03
5.8E + 01
1.0E + 03
12
1.3E + 02
2.3E + 03
7.7E + 01
1.3E + 03
7.2E + 01
1.3E + 03
14
1.5E + 02
2.6E + 03
9.1E + 01
1.6E + 03
9.1E + 01
1.6E + 03
16
1.7E + 02
2.9E + 03
1.2E + 02
2.0E + 03
1.1E + 02
1.8E + 03
18
1.9E + 02
3.3E + 03
1.4E + 02
2.5E + 03
1.2E + 02
2.0E + 03
20
2.1E + 02
3.7E + 03
1.8E + 02
3.1E + 03
1.3E + 02
2.3E + 03
22
2.4E + 02
4.2E + 03
2.3E + 02
3.9E + 03
1.4E + 02
2.4E + 03
24
2.7E + 02
4.8E + 03
2.9E + 02
5.0E + 03
1.6E + 02
2.8E + 03
26
3.1E + 02
5.4E + 03
3.7E + 02
6.5E + 03
1.7E + 02
3.0E + 03
28
3.5E + 02
6.0E + 03
4.7E + 02
8.1E + 03
1.9E + 02
3.4E + 03
30
3.9E + 02
6.9E + 03
5.8E + 02
1.0E + 04
2.1E + 02
3.7E + 03
35
5.3E +02
9.2E + 03
9.6E +02
1.7E +04
2.6E + 02
4.6E + 03
40
6.2E + 02
1.1E + 04
1.4E + 03
2.5E + 04
3.3E + 02
5.7E + 03
45
8.2E + 02
1.4E + 04
2.0E + 03
3.5E + 04
4.0E + 02
7.0E + 03
50
1.1E + 03
1.8E + 04
2.6E + 03
4.6E + 04
4.8E + 02
8.4E + 03
55
1.3E + 03
2.3E + 04
3.5E + 03
6.1E + 04
6.2E + 02
1.1E + 04
60
1.6E + 03
2.9E + 04
4.6E + 03
8.1E + 04
7.7E + 02
1.3E + 04
65
2.0E + 03
3.4E + 04
6.2E + 03
1.1E + 05
9.1E + 02
1.6E + 04
70
2.3E + 03
3.9E + 04
7.2E + 03
1.3E + 05
1.1E + 03
1.8E + 04
75
2.5E + 03
4.5E + 04
8.6E + 03
1.5E + 05
1.2E + 03
2.0E + 04
80
2.9E + 03
5.0E + 04
1.0E + 04
1.8E + 05
1.3E + 03
2.3E + 04
85
3.3E + 03
5.8E + 04
1.2E + 04
2.2E + 05
1.4E + 03
2.5E + 04
90
3.7E + 03
6.6E + 04
1.4E + 04
2.5E + 05
1.6E + 03
2.9E + 04
95
4.2E + 03
7.4E + 04
1.7E + 04
3.0E + 05
1.8E + 03
3.2E + 04
100
4.8E + 03
8.4E + 04
2.1E + 04
3.6E + 05
2.0E + 03
3.5E + 04
105
5.3E + 03
9.2E + 04
2.4E + 04
4.3E + 05
2.3E + 03
3.9E + 04
110
6.2E + 03
1.1E + 05
2.9E + 04
5.1E + 05
2.5E + 03
4.5E + 04
115
7.2E + 03
1.3E + 05
3.5E + 04
6.1E + 05
2.8E + 03
5.0E + 04
120
8.2E + 03
1.4E + 05
4.1E + 04
7.2E + 05
3.2E + 03
5.6E + 04
Appendix IV-Reference Air Concentrations*
Constituent
CAS No.
RAC
						  (ug/m3)
Acetaldehyde
75-07-0
10
Acetonitrile
75-05-8
10
Acetophenone
98-86-2
100
Acrolein
107-02-8
20
Aldicarb
116-06-3
1
Aluminum Phosphide
20859-73-8
0.3
Allyl Alcohol
107-18-6
5
Antimony
7440-36-0
0.3
Barium
7440-39-3
50
Barium Cyanide
542-62-1
50
Bromomethane
74-83-9
0.8
Calcium Cyanide
592-01-8
30
Carbon Disulfide
75-15-0
200
Chloral
75-87-6
2
Chlorine (free)
0.4
2-Chloro-1,3-butadiene
126-99-8
3
Chromium III
16065-83-1
1000
Copper Cyanide
544-92-3
5
Cresols
1319-77-3
50
Cumene
98-82-8
1
Cyanide (free)
57-12-15
20
Cyanogen
460-19-5
30
Cyanogen Bromide
506-68-3
80
Di-n-butyl Phthalate
84-74-2
100
o-Dichlorobenzene
95-50-1
10
p-Dichlorobenzene
106-46-7
10
Dichlorodifluoromethane
75-71-8
200
2,4-Dichlorophenol
120-83-2
3
Diethyl Phthalate
84-66-2
800
Dimethoate
60-51-5
0.8
2,4-Dinitrophenol
51-28-5
2
Dinoseb
88-85-7
0.9
Diphenylamine
122-39-4
20
Endosulfan
115-29-1
0.05
Endrin
72-20-8
0.3
Fluorine
7782-41-4
50
Formic Acid
64-18-6
2000
Glycidyaldehyde
765-34-4
0.3
Hexachlorocyclopentadiene
77-47-4
5
Hexachlorophene
70-30-4
0.3
Hydrocyanic Acid
74-90-8
20
Hydrogen Chloride
7647-01-1
7
Hydrogen Sulfide
7783-06-4
3
Isobutyl Alcohol
78-83-1
300
Lead
7439-92-1
0.09
Maleic Anhydride
108-31-6
100
Mercury
7439-97-6
0.3
Methacrylonitrile
126-98-7
0.1
Methomyl
16752-77-5
20
Methoxychlor
72-43-5
50
Methyl Chlorocarbonate
79-22-1
1000
Methyl Ethyl Ketone
78-93-3
80
Methyl Parathion
298-00-0
0.3
Nickel Cyanide
557-19-7
20
Nitric Oxide
10102-43-9
100
Nitrobenzene
98-95-3
0.8
Pentachlorobenzene
608-93-5
0.8
Pentachlorophenol
87-86-5
30
Phenol
108-95-2
30
M-Phenylenediamine
108-45-2
5
Phenylmercuric Acetate
62-38-4
0.075
Phosphine
7803-51-2
0.3
Phthalic Anhydride
85-44-9
2000
Potassium Cyanide
151-50-8
50
Potassium Silver Cyanide
506-61-6
200
Pyridine
110-86-1
1
Selenious Acid
7783-60-8
3
Selenourea
630-10-4
5
Silver
7440-22-4
3
Silver Cyanide
506-64-9
100
Sodium Cyanide
143-33-9
30
Strychnine
57-24-9
0.3
1,2,4,5-Tetrachlorobenzene
95-94-3
0.3
2,3,4,6-Tetrachlorophenol
58-90-2
30
Tetraethyl Lead
78-00-2
0.0001
Tetrahydrofuran
109-99-9
10
Thallic Oxide
1314-32-5
0.3
Thallium
7440-28-0
0.5
Thallium (I) Acetate
563-68-8
0.5
Thallium (I) Carbonate
6533-73-9
0.3
Thallium (I) Chloride
7791-12-0
0.3
Thallium (I) Nitrate
10102-45-1
0.5
Thallium Selenite
12039-52-0
0.5
Thallium (I) Sulfate
7446-18-6
0.075
Thiram
137-26-8
5
Toluene
108-88-3
300
1,2,4-Trichlorobenzene
120-82-1
20
Trichloromonofluoromethane
75-69-4
300
2,4,5-Trichlorophenol
95-95-4
100
Vanadium Pentoxide
1314-62-1
20
Warfarin
81-81-2
0.3
Xylenes
1330-20-7
80
Zinc Cyanide
557-21-1
50
Zinc Phosphide
1314-84-7
0.3
FOOTNOTE: *The RAC for other appendix VIII Section
				261constituents not listed herein or in appendix V of this part is 0.1
				µg/m3 .
Appendix V-Risk Specific Doses (10-5
				   )
Constituent
CAS No.
Unit risk (m3/µg)
RsD (µg/m 
						  3)
Acrylamide
79-06-1
1.3E-03
7.7E-03
Acrylonitrile
107-13-1
6.8E-05
1.5E-01
Aldrin
309-00-2
4.9E-03
2.0E-03
Aniline
62-53-3
7.4E-06
1.4E + 00
Arsenic
7440-38-2
4.3E-03
2.3E-03
Benz(a)anthracene
56-55-3
8.9E-04
1.1E-02
Benzene
71-43-2
8.3E-06
1.2E + 00
Benzidine
92-87-5
6.7E-02
1.5E-04
Benzo(a)pyrene
50-32-8
3.3E-03
3.0E-03
Beryllium
7440-41-7
2.4E-03
4.2E-03
Bis(2-chloroethyl)ether
111-44-4
3.3E-04
3.0E-02
Bis(chloromethyl)ether
542-88-1
6.2E-02
1.6E-04
Bis(2-ethylhexyl)-phthalate
117-81-7
2.4E-07
4.2E + 01
1,3-Butadiene
106-99-0
2.8E-04
3.6E-02
Cadmium
7440-43-9
1.8E-03
5.6E-03
Carbon Tetrachloride
56-23-5
1.5E-05
6.7E-01
Chlordane
57-74-9
3.7E-04
2.7E-02
Chloroform
67-66-3
2.3E-05
4.3E-01
Chloromethane
74-87-3
3.6E-06
2.8E + 00
Chromium VI
7440-47-3
1.2E-02
8.3E-04
DDT
50-29-3
9.7E-05
1.0E-01
Dibenz(a,h)anthracene
53-70-3
1.4E-02
7.1E-04
1,2-Dibromo-3-chloropropane
96-12-8
6.3E-03
1.6E-03
1,2-Dibromoethane
106-93-4
2.2E-04
4.5E-02
1,1-Dichloroethane
75-34-3
2.6E-05
3.8E-01
1,2-Dichloroethane
107-06-2
2.6E-05
3.8E-01
1,1-Dichloroethylene
75-35-4
5.0E-05
2.0E-01
1,3-Dichloropropene
542-75-6
3.5E-01
2.9E-05
Dieldrin
60-57-1
4.6E-03
2.2E-03
Diethylstilbestrol
56-53-1
1.4E-01
7.1E-05
Dimethylnitrosamine
62-75-9
1.4E-02
7.1E-04
2,4-Dinitrotoluene
121-14-2
8.8E-05
1.1E-01
1,2-Diphenylhydrazine
122-66-7
2.2E-04
4.5E-02
1,4-Dioxane
123-91-1
1.4E-06
7.1E + 00
Epichlorohydrin
106-89-8
1.2E-06
8.3E + 00
Ethylene Oxide
75-21-8
1.0E-04
1.0E-01
Ethylene Dibromide
106-93-4
2.2E-04
4.5E-02
Formaldehyde
50-00-0
1.3E-05
7.7E-01
Heptachlor
76-44-8
1.3E-03
7.7E-03
Heptachlor Epoxide
1024-57-3
2.6E-03
3.8E-03
Hexachlorobenzene
118-74-1
4.9E-04
2.0E-02
Hexachlorobutadiene
87-68-3
2.0E-05
5.0E-01
Alpha-hexachloro-cyclohexane
319-84-6
1.8E-03
5.6E-03
Beta-hexachloro-cyclohexane
319-85-7
5.3E-04
1.9E-02
Gamma-hexachloro-cyclohexane
58-89-9
3.8E-04
2.6E-02
Hexachlorocyclo-hexane, Technical
5.1E-04
2.0E-02
Hexachlorodibenzo-p-dioxin(1,2 Mixture)
1.3E + 0
7.7E-06
Hexachloroethane
67-72-1
4.0E-06
2.5E + 00
Hydrazine
302-01-2
2.9E-03
3.4E-03
Hydrazine Sulfate
302-01-2
2.9E-03
3.4E-03
3-Methylcholanthrene
56-49-5
2.7E-03
3.7E-03
Methyl Hydrazine
60-34-4
3.1E-04
3.2E-02
Methylene Chloride
75-09-2
4.1E-06
2.4E + 00
4,4'-Methylene-bis-2-chloroaniline
101-14-4
4.7E-05
2.1E-01
Nickel
7440-02-0
2.4E-04
4.2E-02
Nickel Refinery Dust
7440-02-0
2.4E-04
4.2E-02
Nickel Subsulfide
12035-72-2
4.8E-04
2.1E-02
2-Nitropropane
79-46-9
2.7E-02
3.7E-04
N-Nitroso-n-butylamine
924-16-3
1.6E-03
6.3E-03
N-Nitroso-n-methylurea
684-93-5
8.6E-02
1.2E-04
N-Nitrosodiethylamine
55-18-5
4.3E-02
2.3E-04
N-Nitrosopyrrolidine
930-55-2
6.1E-04
1.6E-02
Pentachloronitrobenzene
82-68-8
7.3E-05
1.4E-01
PCBs
1336-36-3
1.2E-03
8.3E-03
Pronamide
23950-58-5
4.6E-06
2.2E + 00
Reserpine
50-55-5
3.0E-03
3.3E-03
2,3,7,8-Tetrachloro-dibenzo-p-dioxin
1746-01-6
4.5E + 01
2.2E-07
1,1,2,2-Tetrachloroethane
79-34-5
5.8E-05
1.7E-01
Tetrachloroethylene
127-18-4
4.8E-07
2.1E + 01
Thiourea
62-56-6
5.5E-04
1.8E-02
1,1,2-Trichloroethane
79-00-5
1.6E-05
6.3E-01
Trichloroethylene
79-01-6
1.3E-06
7.7E + 00
2,4,6-Trichlorophenol
88-06-2
5.7E-06
1.8E + 00
Toxaphene
8001-35-2
3.2E-04
3.1E-02
Vinyl Chloride
75-01-4
7.1E-06
1.4E + 00
Appendix VI-Stack Plume Rise
[Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate
				and Gas Temperature]
Flow rate
						  (m3/s)
Exhaust Temperature (K°)
<325
325-349
350-399
400-449
450-499
500-599
600-699
700-799
800-999
1000-1499
>1499
<0.5
0
0
0
0
0
0
0
0
0
0
0
0.5-0.9
0
0
0
0
0
0
0
0
1
1
1
1.0-1.9
0
0
0
0
1
1
2
3
3
3
4
2.0-2.9
0
0
1
3
4
4
6
6
7
8
9
3.0-3.9
0
1
2
5
6
7
9
10
11
12
13
4.0-4.9
1
2
4
6
8
10
12
13
14
15
17
5.0-7.4
2
3
5
8
10
12
14
16
17
19
21
7.5-9.9
3
5
8
12
15
17
20
22
22
23
24
10.0-12.4
4
6
10
15
19
21
23
24
25
26
27
12.5-14.9
4
7
12
18
22
23
25
26
27
28
29
15.0-19.9
5
8
13
20
23
24
26
27
28
29
31
20.0-24.9
6
10
17
23
25
27
29
30
31
32
34
25.0-29.9
7
12
20
25
27
29
31
32
33
35
36
30.0-34.9
8
14
22
26
29
31
33
35
36
37
39
35.0-39.9
9
16
23
28
30
32
35
36
37
39
41
40.0-49.9
10
17
24
29
32
34
36
38
39
41
42
50.0-59.9
12
21
26
31
34
36
39
41
42
44
46
60.0-69.9
14
22
27
33
36
39
42
43
45
47
49
70.0-79.9
16
23
29
35
38
41
44
46
47
49
51
80.0-89.9
17
25
30
36
40
42
46
48
49
51
54
90.0-99.9
19
26
31
38
42
44
48
50
51
53
56
100.0-119.9
21
26
32
39
43
46
49
52
53
55
58
120.0-139.9
22
28
35
42
46
49
52
55
56
59
61
140.0-159.9
23
30
36
44
48
51
55
58
59
62
65
160.0-179.9
25
31
38
46
50
54
58
60
62
65
67
180.0-199.9
26
32
40
48
52
56
60
63
65
67
70
>199.9
26
33
41
49
54
58
62
65
67
69
73
Appendix VII-Health-Based Limits for Exclusion of
				Waste-Derived Residues* Metals-TCLP Extract Concentration Limits
Constituent
CAS No.
Concentration limits (mg/L)
Antimony
7440-36-0
1xE + 00
Arsenic
7440-38-2
5xE + 00
Barium
7440-39-3
1xE + 02
Beryllium
7440-41-7
7xE-03
Cadmium
7440-43-9
1xE + 00
Chromium
7440-47-3
5xE + 00
Lead
7439-92-1
5xE + 00
Mercury
7439-97-6
2xE-01
Nickel
7440-02-0
7xE + 01
Selenium
7782-49-2
1xE + 00
Silver
7440-22-4
5xE + 00
Thallium
7440-28-0
7xE + 00
Nonmetals-Residue Concentration Limits
Constituent
CAS No.
Concentration limits for residues
						  (mg/kg)
Acetonitrile
75-05-8
2xE-01
Acetophenone
98-86-2
4xE + 00
Acrolein
107-02-8
5xE-01
Acrylamide
79-06-1
2xE-04
Acrylonitrile
107-13-1
7xE-04
Aldrin
309-00-2
2xE-05
Allyl alcohol
107-18-6
2xE-01
Aluminum phosphide
20859-73-8
1xE-02
Aniline
62-53-3
6xE-02
Barium cyanide
542-62-1
1xE + 00
Benz(a)anthracene
56-55-3
1xE-04
Benzene
71-43-2
5xE-03
Benzidine
92-87-5
1xE-06
Bis(2-chloroethyl) ether
111-44-4
3xE-04
Bis(chloromethyl) ether
542-88-1
2xE-06
Bis(2-ethylhexyl) phthalate
117-81-7
3xE + 01
Bromoform
75-25-2
7xE-01
Calcium cyanide
592-01-8
1xE-06
Carbon disulfide
75-15-0
4xE + 00
Carbon tetrachloride
56-23-5
5xE-03
Chlordane
57-74-9
3xE-04
Chlorobenzene
108-90-7
1xE + 00
Chloroform
67-66-3
6xE-02
Copper cyanide
544-92-3
2xE-01
Cresols (Cresylic acid)
1319-77-3
2xE + 00
Cyanogen
460-19-5
1xE + 00
DDT
50-29-3
1xE-03
Dibenz(a, h)-anthracene
53-70-3
7xE-06
1,2-Dibromo-3-chloropropane
96-12-8
2xE-05
p-Dichlorobenzene
106-46-7
7.5xE-02
Dichlorodifluoromethane
75-71-8
7xE + 00
1,1-Dichloroethylene
75-35-4
5xE-03
2,4-Dichlorophenol
120-83-2
1xE-01
1,3-Dichloropropene
542-75-6
1xE-03
Dieldrin
60-57-1
2xE-05
Diethyl phthalate
84-66-2
3xE + 01
Diethylstilbesterol
56-53-1
7xE-07
Dimethoate
60-51-5
3xE-02
2,4-Dinitrotoluene
121-14-2
5xE-04
Diphenylamine
122-39-4
9xE-01
1,2-Diphenylhydrazine
122-66-7
5xE-04
Endosulfan
115-29-7
2xE-03
Endrin
72-20-8
2xE-04
Epichlorohydrin
106-89-8
4xE-02
Ethylene dibromide
106-93-4
4xE-07
Ethylene oxide
75-21-8
3xE-04
Fluorine
7782-41-4
4xE + 00
Formic acid
64-18-6
7xE + 01
Heptachlor
76-44-8
8xE-05
Heptachlor epoxide
1024-57-3
4xE-05
Hexachlorobenzene
118-74-1
2xE-04
Hexachlorobutadiene
87-68-3
5xE-03
Hexachlorocyclopentadiene
77-47-4
2xE-01
Hexachlorodibenzo-p-dioxins
19408-74-3
6xE-08
Hexachloroethane
67-72-1
3xE-02
Hydrazine
302-01-1
1xE-04
Hydrogen cyanide
74-90-8
7xE-05
Hydrogen sulfide
7783-06-4
1xE-06
Isobutyl alcohol
78-83-1
1xE + 01
Methomyl
16752-77-5
1xE + 00
Methoxychlor
72-43-5
1xE-01
3-Methylcholanthrene
56-49-5
4xE-05
4,4'-Methylenebis (2-chloroaniline)
101-14-4
2xE-03
Methylene chloride
75-09-2
5xE-02
Methyl ethyl ketone (MEK)
78-93-3
2xE + 00
Methyl hydrazine
60-34-4
3xE-04
Methyl parathion
298-00-0
2xE-02
Naphthalene
91-20-3
1xE + 01
Nickel cyanide
557-19-7
7xE-01
Nitric oxide
10102-43-9
4xE + 00
Nitrobenzene
98-95-3
2xE-02
N-Nitrosodi-n-butylamine
924-16-3
6xE-05
N-Nitrosodiethylamine
55-18-5
2xE-06
N-Nitroso-N-methylurea
684-93-5
1xE-07
N-Nitrosopyrrolidine
930-55-2
2xE-04
Pentachlorobenzene
608-93-5
3xE-02
Pentachloronitrobenzene (PCNB)
82-68-8
1xE-01
Pentachlorophenol
87-86-5
1xE + 00
Phenol
108-95-2
1xE + 00
Phenylmercury acetate
62-38-4
3xE-03
Phosphine
7803-51-2
1xE-02
Polychlorinated biphenyls, N.O.S
1336-36-3
5xE-05
Potassium cyanide
151-50-8
2xE + 00
Potassium silver cyanide
506-61-6
7xE + 00
Pronamide
23950-58-5
3xE + 00
Pyridine
110-86-1
4xE-02
Reserpine
50-55-5
3xE-05
Selenourea
630-10-4
2xE-01
Silver cyanide
506-64-9
4xE + 00
Sodium cyanide
143-33-9
1xE + 00
Strychnine
57-24-9
1xE-02
1,2,4,5-Tetrachlorobenzene
95-94-3
1xE-02
1,1,2,2-tetrachloroethane
79-34-5
2xE-03
Tetrachloroethylene
127-18-4
7xE-01
2,3,4,6-Tetrachlorophenol
58-90-2
1xE-02
Tetraethyl lead
78-00-2
4xE-06
Thiourea
62-56-6
2xE-04
Toluene
108-88-3
1xE + 01
Toxaphene
8001-35-2
5xE-03
1,1,2-Trichloroethane
79-00-5
6xE-03
Trichloroethylene
79-01-6
5xE-03
Trichloromonofluoromethane
75-69-4
1xE + 01
2,4,5-Trichlorophenol
95-95-4
4xE + 00
2,4,6-Trichlorophenol
88-06-2
4xE + 00
Vanadium pentoxide
1314-62-1
7xE-01
Vinyl chloride
75-01-4
2xE-03
*Note: The health-based concentration limits for
				Appendix VIII, Section 261 constituents for which a health-based concentration
				is not provided below is 2xE-06 mg/kg.
Appendix VIII-Potential PICs for Determination of
				Exclusion of Waste-Derived Residues PICs Found in Stack Effluents
Volatiles
Semivolatiles
Benzene
Bis(2-ethylhexyl)phthalate
Toluene
Naphthalene
Carbon tetrachloride
Phenol
Chloroform
Diethyl phthalate
Methylene chloride
Butyl benzyl phthalate
Trichloroethylene
2,4-Dimethylphenol
Tetra chloroethylene
o-Dichlorobenzene
1,1,1-Trichloroethane
m-Dichlorobenzene
Chlorobenzene
p-Dichlorobenzene
cis-1,4-Dichloro-2-butene
Hexachlorobenzene
Bromochloromethane
2,4,6-Trichlorophenol
Bromodichloromethane
Fluoranthene
Bromoform
o-Nitrophenol
Bromomethane
1,2,4-Trichlorobenzene
Methylene bromide
o-Chlorophenol
Methyl ethyl ketone
Pentachlorophenol
Pyrene
Dimethyl phthalate
Mononitrobenzene
2,6-Toluene diisocyanate
Polychlorinated dibenzo-p-dioxins1
Polychlorinated
						  dibenzo-furans1
1 Analyses for
			 polychlorinated dibenzo-pdioxins and polychlorinated dibenzo-furans are
			 required only for residues collected from areas downstream of the combustion
			 chamber ( e.g., ductwork, boiler tubes, heat exchange surfaces, air pollution
			 control devices, etc.).
APPENDIX IX. - METHODS MANUAL FOR COMPLIANCE WITH THE BIF
				REGULATIONS
This appendix is incorporated by reference from 40 CFR Part
				266, Appendix IX. Please refer to this document, or you may obtain a copy of
				this manual from the DEQ Hazardous Waste Division, (501) 682-0833 or via the
				BBS service at (501) 682-0563.
APPENDIX X. - GUIDELINE ON AIR QUALITY
				MODELS
This appendix has been deleted by a revised Federal ruling at
				58 FR 38816, July 20, 1993. Please refer to Appendix W of 40 CFR Part 51
				(Guideline on Air Quality Models (Revised) (1986)) and its supplements for
				detailed information regarding air modeling for compliance with the
				requirements of this Section. A copy of this manual may be obtained from the
				DEQ Hazardous Waste Division, (501) 682-0833, or via the BBS service at (501)
				682-0563.
APPENDIX XI.-LEAD-BEARING MATERIALS THAT MAY BE PROCESSED
				IN EXEMPT LEAD SMELTERS
A.
			 Exempt Lead-Bearing Materials When Generated or Originally Produced By
			 Lead-Associated Industries1
Acid dump/fill solids
Sump mud
Materials from laboratory analyses
Acid filters
Baghouse bags
Clothing (e.g., coveralls, aprons, shoes, hats, gloves)
Sweepings
Air filter bags and cartridges
Respiratory cartridge filters
Shop abrasives
Stacking boards
Waste shipping containers (e.g., cartons, bags, drums,
				cardboard)
Paper hand towels
Wiping rags and sponges
Contaminated pallets
Water treatment sludges, filter cakes, residues, and
				solids
Emission control dusts, sludges, filter cakes, residues, and
				solids from lead-associated industries (e.g., K069 and D008 wastes)
Spent grids, posts, and separators
Spent batteries
Lead oxide and lead oxide residues
Lead plates and groups
Spent battery cases, covers, and vents
Pasting belts
Water filter media
Cheesecloth from pasting rollers
Pasting additive bags
Asphalt paving materials
B. Exempt Lead-Bearing Materials When
			 Generated or Originally Produced By Any Industry
Charging jumpers and clips
Platen abrasive
Fluff from lead wire and cable casings
Lead-based pigments and compounding pigment dust 1.
				Lead-associated industries are lead smelters, lead- acid battery manufacturing,
				and lead chemical manufacturing (e.g., manufacturing of lead oxide or other
				lead compounds).
APPENDIX XII.-NICKEL OR CHROMIUM-BEARING MATERIALS THAT
				MAY BE PROCESSED IN EXEMPT NICKEL-CHROMIUM RECOVERY
				FURNACES
A. Exempt
			 Nickel or Chromium-Bearing Materials when Generated by Manufacturers or Users
			 of Nickel, Chromium, or Iron
Baghouse bags
Raney nickel catalyst
Floor sweepings
Air filters
Electroplating bath filters
Wastewater filter media
Wood pallets
Disposable clothing (coveralls, aprons, hats, gloves)
Laboratory samples and spent chemicals
Shipping containers and plastic liners from containers or
				vehicles used to transport nickel or chromium-containing wastes
				Respirator
Appendix XIII to Section 266 - Mercury Bearing Wastes
				That May Be Processed in Exempt Mercury Recovery Units
These are exempt mercury-bearing materials with less than 500
				ppm of Section 261, appendix VIII organic constituents when generated by
				manufacturers or users of mercury or mercury products.
1. Activated carbon
2. Decomposer graphite
3. Wood
4. Paper
5. Protective clothing
6. Sweepings
7. Respiratory cartridge filters
8. Cleanup articles
9. Plastic bags and other contaminated
			 containers
10. Laboratory and
			 process control samples
11. K106
			 and other wastewater treatment plant sludge and filter cake
12. Mercury cell sump and tank
			 sludge
13. Mercury cell process
			 solids
14. Recoverable levels of
			 mercury contained in soil
Section 267
-STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES
			 OPERATING UNDER A STANDARDIZED PERMIT
Subsection
			 A
-General
§
			 267.1
What are the purpose, scope and applicability of this
			 section?
(a) The purpose of this
			 section is to establish minimum national standards which define the acceptable
			 management of hazardous waste under a Section 270, subsection J standardized
			 permit.
(b) This section applies to
			 owners and operators of facilities who treat or store hazardous waste under a
			 Section 270, subsection J standardized permit, except as provided otherwise in
			 Section 261, subsection A, or Section 264.1(f) and (g) of this Rule.
§ 267.2
What is the
			 relationship to interim status standards?
If you are a facility owner or operator who has fully complied
				with the requirements for interim status-as defined in Section 3005(e) of RCRA
				and Section 270.70 of this rule-you must comply with the rules specified in
				Section 265 of this Rule instead of the rules in this section, until final
				administrative disposition of the standardized permit application is made,
				except as provided under Section 264, subsection S.
§ 267.3
How does this section
			 affect an imminent hazard action?
Notwithstanding any other provisions of this section,
				enforcement actions may be brought pursuant to section 7003 of RCRA.
Subsection B
-
			 General Facility Standards
§
			 267.10
Does this subsection apply to me?
This subsection applies to you if you own or operate a facility
				that treats or stores hazardous waste under a Section 270, subsection J
				standardized permit, except as provided in § 267.1(b) of this Rule.
§ 267.11
What must I do
			 to comply with this subsection?
To comply with this subsection, you must obtain an EPA
				identification number, and follow the requirements below for waste analysis,
				security, inspections, training, special waste handling, and location
				standards.
§ 267.12
How do I obtain an EPA identification number
You must apply to the Division for an EPA identification number
				following the current notification procedures and using forms as provided by
				the Division. You may obtain these forms by contacting the Division, or from
				the DEQ web site at http://www.adeq.state.ar.us
§ 267.13
What are my waste
			 analysis requirements?
(a) Before you
			 treat or store any hazardous wastes, you must obtain a detailed chemical and
			 physical analysis of a representative sample of the wastes. At a minimum, the
			 analysis must contain all the information needed to treat or store the waste to
			 comply with this section and Section 268 of this Rule.
(1) You may include data in the analysis that
			 was developed under Section 261, and published or documented data on the
			 hazardous waste or on hazardous waste generated from similar
			 processes.
(2) You must repeat the
			 analysis as necessary to ensure that it is accurate and up to date. At a
			 minimum, you must repeat the analysis if the process or operation generating
			 the hazardous wastes has changed.
(b) You must develop and follow a written
			 waste analysis plan that describes the procedures you will follow to comply
			 with paragraph (a) of this section. You must keep this plan at the facility. If
			 you receive wastes generated from off-site, and are eligible for a standardized
			 permit, you also must have submitted the waste analysis plan with the Notice of
			 Intent. At a minimum, the plan must specify all of the following:
(1) The hazardous waste parameters that you
			 will analyze and the rationale for selecting these parameters (that is, how
			 analysis for these parameters will provide sufficient information on the
			 waste's properties to comply with paragraph (a) of this section).
(2) The test methods you will use to test for
			 these parameters.
(3) The sampling
			 method you will use to obtain a representative sample of the waste to be
			 analyzed. You may obtain a representative sample using either:
(i) One of the sampling methods described in
			 appendix I of Section 261; or
(ii)
			 An equivalent sampling method.
(4) How frequently you will review or repeat
			 the initial analysis of the waste to ensure that the analysis is accurate and
			 up to date.
(5) Where applicable,
			 the methods you will use to meet the additional waste analysis requirements for
			 specific waste management methods as specified in §§ 264.17,
			 264.1034(d), 264.1063(d), and 264.1083.
§ 267.14
What are my security
			 requirements?
(a) You must prevent, and
			 minimize the possibility for, livestock and unauthorized people from entering
			 the active portion of your facility.
(b) Your facility must have:
(1) A 24-hour surveillance system (for
			 example, television monitoring or surveillance by guards or facility personnel)
			 that continuously monitors and controls entry onto the active portion of the
			 facility; or
(2) An artificial or
			 natural barrier (for example, a fence in good repair or a fence combined with a
			 cliff) that completely surrounds the active portion of the facility;
			 and
(3) A means to control entry,
			 at all times, through the gates or other entrances to the active portion of the
			 facility (for example, an attendant, television monitors, locked entrance, or
			 controlled roadway access to the facility).
(c) You must post a sign at each entrance to
			 the active portion of a facility, and at other prominent locations, in
			 sufficient numbers to be seen from any approach to this active portion. The
			 sign must bear the legend ''Danger-Unauthorized Personnel Keep Out.'' The
			 legend must be in English and in any other language predominant in the area
			 surrounding the facility (for example, facilities in counties bordering the
			 Canadian province of Quebec must post signs in French, and facilities in
			 counties bordering Mexico must post signs in Spanish), and must be legible from
			 a distance of at least 25 feet. You may use existing signs with a legend other
			 than ''Danger- Unauthorized Personnel Keep Out'' if the legend on the sign
			 indicates that only authorized personnel are allowed to enter the active
			 portion, and that entry onto the active portion can be dangerous.
§ 267.15
What are my
			 general inspection requirements?
(a)
			 You must inspect your facility for malfunctions and deterioration, operator
			 errors, and discharges that may be causing, or may lead to:
(1) Release of hazardous waste constituents
			 to the environment; or
(2) A threat
			 to human health. You must conduct these inspections often enough to identify
			 problems in time to correct them before they result in harm to human health or
			 the environment.
(b) You
			 must develop and follow a written schedule for inspecting, monitoring
			 equipment, safety and emergency equipment, security devices, and operating and
			 structural equipment (such as dikes and sump pumps) that are important to
			 preventing, detecting, or responding to environmental or human health hazards.
(1) You must keep this schedule at the
			 facility.
(2) The schedule must
			 identify the equipment and devices you will inspect and what problems you look
			 for, such as malfunctions or deterioration of equipment (for example,
			 inoperative sump pump, leaking fitting, etc.).
(3) The frequency of your inspections may
			 vary for the items on the schedule. However, the frequency should be based on
			 the rate of deterioration of the equipment and the probability of an
			 environmental or human health incident if the deterioration, malfunction, or
			 any operator error goes undetected between inspections. Areas subject to
			 spills, such as loading and unloading areas, must be inspected daily when in
			 use. At a minimum, the inspection schedule must include the items and
			 frequencies required in §§ 267.174, 267.193, 267.195, 267.1103, and
			 §§ 264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through
			 264.1089, where applicable.
(c) You must remedy any deterioration or
			 malfunction of equipment or structures that the inspection reveals in time to
			 prevent any environmental or human health hazard. Where a hazard is imminent or
			 has already occurred, you must take remedial action immediately.
(d) You must record all inspections. You must
			 keep these records for at least three years from the date of inspection. At a
			 minimum, you must include the date and time of the inspection, the name of the
			 inspector, a notation of the observations made, and the date and nature of any
			 repairs or other remedial actions.
§ 267.16
What training must my
			 employees have?
(a) Your facility
			 personnel must successfully complete a program of classroom instruction or
			 on-the-job training that teaches them to perform their duties in a way that
			 ensures the facility's compliance with the requirements of this section. You
			 must ensure that this program includes all the elements described in the
			 documents that are required under paragraph (d)(3) of this section.
(1) A person trained in hazardous waste
			 management procedures must direct this program, and must teach facility
			 personnel hazardous waste management procedures (including contingency plan
			 implementation) relevant to their employment positions.
(2) At a minimum, the training program must
			 be designed to ensure that facility personnel are able to respond effectively
			 to emergencies by including instruction on emergency procedures, emergency
			 equipment, and emergency systems, including all of the following, where
			 applicable:
(i) Procedures for using,
			 inspecting, repairing, and replacing facility emergency and monitoring
			 equipment
(ii) Key parameters for
			 automatic waste feed cut-off systems.
(iii) Communications or alarm
			 systems.
(iv) Response to fires or
			 explosions.
(v) Response to ground
			 water contamination incidents.
(vi)
			 Shutdown of operations.
(b) Facility personnel must successfully
			 complete the program required in paragraph (a) of this section within six
			 months after the date of their employment or assignment to a facility, or to a
			 new position at a facility, whichever is later. Employees hired after the
			 effective date of your standardized permit must not work in unsupervised
			 positions until they have completed the training requirements of paragraph (a)
			 of this section.
(c) Facility
			 personnel must take part in an annual review of the initial training required
			 in paragraph (a) of this section.
(d) You must maintain the following documents
			 and records at your facility:
(1) The job
			 title for each position at the facility related to hazardous waste management,
			 and the name of the employee filling each job;
(2) A written job description for each
			 position listed under paragraph (d)(1) of this section. This description must
			 include the requisite skill, education, or other qualifications, and duties of
			 employees assigned to each position;
(3) A written description of the type and
			 amount of both introductory and continuing training that will be given to each
			 person filling a position listed under paragraph (d)(1) of this
			 section;
(4) Records that document
			 that facility personnel have received and completed the training or job
			 experience required under paragraphs (a), (b), and (c) of this
			 section.
(e) You must
			 keep training records on current personnel until your facility closes. You must
			 keep training records on former employees for at least three years from the
			 date the employee last worked at your facility. Personnel training records may
			 accompany personnel transferred within your company.
(f)
Additionally, you must meet the
			 following requirements:
(1)
No employee may be assigned the duties of transferring, handling, sorting,
			 mixing, treating or disposing of hazardous waste unless that employee meets the
			 requirements set out in § 267.16 (a), (b) and (c)
			 above.
(2)
No
			 employee may be assigned the duties of transferring, handling, sorting, mixing,
			 treating or disposing of hazardous waste unless that employee has demonstrated
			 his/her capabilities of:
(i)
Reading and comprehending label instructions, operational procedures,
			 contingency plans and regulatory directives;
(ii)
Understanding the basic nature
			 of the materials which he/she is assigned to transfer, handle, sort, mix, treat
			 or dispose relative to the material's reactivity, toxicity, explosiveness and
			 flammability; and
(iii)
Operating all equipment which he/she is assigned to operate, including
			 personal safety and emergency equipment.
(3)
You must promptly modify the
			 training required of your employees whenever required to do so upon the
			 direction of the Division or whenever modification in training is required as a
			 condition of permit; provided, however, that preliminary training, approved by
			 the Division, shall have been completed prior to commencement of operation of a
			 new hazardous waste management facility or prior to commencement of an
			 operation in an existing facility for which a permit has been issued or
			 modified.
§
			 267.17
What are the requirements for managing ignitable,
			 reactive, or incompatible wastes?
(a)
			 You must take precautions to prevent accidental ignition or reaction of
			 ignitable or reactive waste by following these requirements:
(1) You must separate these wastes and
			 protect them from sources of ignition or reaction such as: open flames,
			 smoking, cutting and welding, hot surfaces, frictional heat, sparks
(static, electrical, or mechanical), spontaneous ignition (for
				example, from heat-producing chemical reactions), and radiant heat.
(2) While ignitable or reactive
			 waste is being handled, you must confine smoking and open flames to specially
			 designated locations.
(3) "No
			 Smoking" signs must be conspicuously placed wherever there is a hazard from
			 ignitable or reactive waste.
(b) If you treat or store ignitable or
			 reactive waste, or mix incompatible waste or incompatible wastes and other
			 materials, you must take precautions to prevent reactions that:
(1) Generate extreme heat or pressure, fire
			 or explosions, or violent reactions.
(2) Produce uncontrolled toxic mists, fumes,
			 dusts, or gases in sufficient quantities to threaten human health or the
			 environment.
(3) Produce
			 uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
			 of fire or explosions.
(4) Damage
			 the structural integrity of the device or facility.
(5) Threaten human health or the environment
			 in any similar way.
(c)
			 You must document compliance with paragraph (a) or (b) of this section. You may
			 base this documentation on references to published scientific or engineering
			 literature, data from trial tests (for example bench scale or pilot scale
			 tests), waste analyses (as specified in § 267.13), or the results of the
			 treatment of similar wastes by similar treatment processes and under similar
			 operating conditions.
§
			 267.18
What are the standards for selecting the location of
			 my facility?
(a) You may not locate
			 portions of new facilities where hazardous waste will be treated or stored
			 within 61 meters (200 feet) of a fault that has had displacement in Holocene
			 time.
(1) "Fault" means a fracture along
			 which rocks on one side have been displaced with respect to those on the other
			 side.
(2) "Displacement" means the
			 relative movement of any two sides of a fault measured in any
			 direction.
(3) "Holocene" means the
			 most recent epoch of the Quaternary period, extending from the end of the
			 Pleistocene to the present.
Note to paragraph (a)(3): Procedures for demonstrating
				compliance with this standard are specified in Section 270.14(b)(11) of this
				Rule. Facilities which are located in political jurisdictions other than those
				listed in appendix VI to Section 264, are assumed to be in compliance with this
				requirement.
(b)
			 If your facility is located in a 100-year flood plain, it must be designed,
			 constructed, operated, and maintained to prevent washout of any hazardous waste
			 by a 100-year flood.
(1) "100-year flood
			 plain" means any land area that is subject to a one percent or greater chance
			 of flooding in any given year from any source.
(2) "Washout" means the movement of hazardous
			 waste from the active portion of the facility as a result of
			 flooding.
(3) "100-year flood"
			 means a flood that has a one percent chance of being equaled or exceeded in any
			 given year.
Subsection C
-Preparedness and
			 Prevention
§ 267.30
Does
			 this subsection apply to me?
This subsection applies to you if you own or operate a facility
				that treats or stores hazardous waste under a Section 270, subsection J
				standardized permit, except as provided in § 267.1(b).
§ 267.31
What are the general
			 design and operation standards?
You must design, construct, maintain, and operate your facility
				to minimize the possibility of a fire, explosion, or any unplanned sudden or
				non-sudden release of hazardous waste or hazardous waste constituents to air,
				soil, or surface water that could threaten human health or the
				environment.
§ 267.32
What equipment am I required to have?
Your facility must be equipped with all of the following,
				unless none of the hazards posed by waste handled at the facility could require
				a particular kind of equipment specified below:
(a) An internal communications or alarm
			 system capable of providing immediate emergency instruction (voice or signal)
			 to facility personnel.
(b) A
			 device, such as a telephone (immediately available at the scene of operations)
			 or a handheld two-way radio, capable of summoning emergency assistance from
			 local police departments, fire departments, or State or local emergency
			 response teams.
(c) Portable fire
			 extinguishers, fire control equipment (including special extinguishing
			 equipment, such as that using foam, inert gas, or dry chemicals), spill control
			 equipment, and decontamination equipment.
(d) Water at adequate volume and pressure to
			 supply water hose streams, or foam-producing equipment, or automatic
			 sprinklers, or water spray systems.
§ 267.33
What are the testing and
			 maintenance requirements for the equipment?
You must test and maintain all required facility communications
				or alarm systems, fire protection equipment, spill control equipment, and
				decontamination equipment, as necessary, to assure its proper operation in time
				of emergency.
§ 267.34
When must personnel have access to communication equipment or an alarm
			 system?
(a) Whenever hazardous waste is
			 being poured, mixed, spread, or otherwise handled, all personnel involved in
			 the operation must have immediate access to an internal alarm or emergency
			 communication device, either directly or through visual or voice contact with
			 another employee, unless the device is not required under §
			 267.32.
(b) If just one employee is
			 on the premises while the facility is operating, that person must have
			 immediate access to a device, such as a telephone (immediately available at the
			 scene of operation) or a hand-held two-way radio, capable of summoning external
			 emergency assistance, unless not required under § 267.32.
§ 267.35
How do I
			 ensure access for personnel and equipment during emergencies?
You must maintain enough aisle space to allow the unobstructed
				movement of personnel, fire protection equipment, spill control equipment, and
				decontamination equipment to any area of facility operation in an emergency, as
				appropriate, considering the type of waste being stored or treated.
§ 267.36
What
			 arrangements must I make with local authorities for emergencies?
(a) You must attempt to make the following
			 arrangements, as appropriate, for the type of waste handled at your facility
			 and the potential need for the services of these organizations:
(1) Arrangements to familiarize police, fire
			 departments, and emergency response teams with the layout of the facility,
			 properties of hazardous waste handled at the facility and associated hazards,
			 places where facility personnel would normally be working, entrances to and
			 roads inside the facility, and possible evacuation routes.
(2) Agreements designating primary emergency
			 authority to a specific police and a specific fire department where more than
			 one police and fire department might respond to an emergency, and agreements
			 with any others to provide support to the primary emergency
			 authority.
(3) Agreements with
			 State emergency response teams, emergency response contractors, and equipment
			 suppliers.
(4) Arrangements to
			 familiarize local hospitals with the properties of hazardous waste handled at
			 the facility and the types of injuries or illnesses that could result from
			 fires, explosions, or releases at the facility.
(b) If State or local authorities decline to
			 enter into such arrangements, you must document the refusal in the operating
			 record.
Subsection
			 D
-Contingency Plan and Emergency Procedures
§ 267.50
Does this subsection
			 apply to me?
This subsection applies to you if you own or operate a facility
				that treats or stores hazardous waste under a Section 270, subsection J
				standardized permit, except as provided in § 267.1(b).
§ 267.51
What is the purpose of
			 the contingency plan and how do I use it?
(a) You must have a contingency plan for your
			 facility. You must design the plan to minimize hazards to human health or the
			 environment from fires, explosions, or any unplanned sudden or non-sudden
			 release of hazardous waste or hazardous waste constituents to air, soil, or
			 surface water.
(b) You must
			 implement the provisions of the plan immediately whenever there is a fire,
			 explosion, or release of hazardous waste or hazardous waste constituents which
			 could threaten human health or the environment.
§ 267.52
What must be in the
			 contingency plan?
(a) Your contingency
			 plan must:
(1) Describe the actions facility
			 personnel will take to comply with §§ 267.51 and 267.56 in response
			 to fires, explosions, or any unplanned sudden or non-sudden release of
			 hazardous waste or hazardous waste constituents to air, soil, or surface water
			 at the facility.
(2) Describe all
			 arrangements agreed upon under § 267.36 by local police departments, fire
			 departments, hospitals, contractors, and state and local emergency response
			 teams to coordinate emergency services.
(3) List names, addresses, and phone numbers
			 (office and home) of all persons qualified to act as emergency coordinator (see
			 § 267.55), and you must keep the list up to date. Where more than one
			 person is listed, one must be named as primary emergency coordinator and others
			 must be listed in the order in which they will assume responsibility as
			 alternates.
(4) Include a current
			 list of all emergency equipment at the facility (such as fire extinguishing
			 systems, spill control equipment, communications and alarm systems (internal
			 and external), and decontamination equipment), where this equipment is
			 required. In addition, you must include the location and a physical description
			 of each item on the list, and a brief outline of its capabilities.
(5) Include an evacuation plan for facility
			 personnel where there is a possibility that evacuation could be necessary. You
			 must describe signal(s) to be used to begin evacuation, evacuation routes, and
			 alternate evacuation routes (in cases where the primary routes could be blocked
			 by releases of hazardous waste or fires).
(b) If you have already prepared a Spill
			 Prevention, Control, and Countermeasures (SPCC) Plan under 40 CFR part 112, or
			 some other emergency or contingency plan, you need only amend that plan to
			 incorporate hazardous waste management provisions that will comply with the
			 requirements of this section.
§
			 267.53
Who must have copies of the contingency plan?
(a) You must maintain a copy of the plan with
			 all revisions at the facility; and
(b) You must submit a copy with all revisions
			 to all local police departments, fire departments, hospitals, and state and
			 local emergency response teams that may be called upon to provide emergency
			 services.
§ 267.54
When must I amend the contingency plan?
You must review, and immediately amend the contingency plan, if
				necessary, whenever:
(a) The facility
			 permit is revised.
(b) The plan
			 fails in an emergency.
(c) You
			 change the facility (in its design, construction, operation, maintenance, or
			 other circumstances) in a way that materially increases the potential for
			 fires, explosions, or releases of hazardous waste or hazardous waste
			 constituents, or changes the response necessary in an emergency.
(d) You change the list of emergency
			 coordinators.
(e) You change the
			 list of emergency equipment.
§
			 267.55
What is the role of the emergency coordinator?
At least one employee must be either on the facility premises
				or on call at all times (that is, available to respond to an emergency by
				reaching the facility within a short period of time) who has the responsibility
				for coordinating all emergency response measures. This emergency coordinator
				must be thoroughly familiar with all aspects of the facility's contingency
				plan, all operations and activities at the facility, the location and
				characteristics of waste handled, the location of all records within the
				facility, and the facility layout. In addition, this person must have the
				authority to commit the resources needed to carry out the contingency
				plan.
§ 267.56
What are the required emergency procedures for the emergency
			 coordinator?
(a) Whenever there is an
			 imminent or actual emergency situation, the emergency coordinator (or his
			 designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarm or
			 communication systems, where applicable, to notify all facility personnel,
			 and
(2) Notify appropriate State or
			 local agencies with designated response roles if their help is
			 needed.
(b) Whenever
			 there is a release, fire, or explosion, the emergency coordinator must:
(1) Immediately identify the character, exact
			 source, amount, and areal extent of any released materials. He may do this by
			 observation or review of facility records or manifests, and, if necessary, by
			 chemical analysis.
(2) Assess
			 possible hazards to human health or the environment that may result from the
			 release, fire, or explosion. This assessment must consider both direct and
			 indirect effects of the release, fire, or explosion. For example, the
			 assessment would consider the effects of any toxic, irritating, or asphyxiating
			 gases that are generated, or the effects of any hazardous surface water run-off
			 from water or chemical agents used to control fire and heat-induced
			 explosions.
(c) If the
			 emergency coordinator determines that the facility has had a release, fire, or
			 explosion which could threaten human health, or the environment, outside the
			 facility, he must report his findings as follows:
(1) If his assessment indicates that
			 evacuation of local areas may be advisable, he must immediately notify
			 appropriate local authorities. He must be available to help appropriate
			 officials decide whether local areas should be evacuated; and
(2) He must immediately notify either the
			 government official designated as the on-scene coordinator for that
			 geographical area, or the National Response Center (using their 24-hour
			 toll-free number 800/ 424-8802). The report must include:
(i) Name and telephone number of the
			 reporter.
(ii) Name and address of
			 facility.
(iii) Time and type of
			 incident (for example, a release or a fire).
(iv) Name and quantity of material(s)
			 involved, to the extent known.
(v)
			 The extent of injuries, if any.
(vi) The possible hazards to human health or
			 the environment outside the facility.
(d) During an emergency, the emergency
			 coordinator must take all reasonable measures necessary to ensure that fires,
			 explosions, and releases do not occur, recur, or spread to other hazardous
			 waste at the facility. These measures must include, where applicable, stopping
			 processes and operations, collecting and containing release waste, and removing
			 or isolating containers. (e) If the facility stops operations in response to a
			 fire, explosion, or release, the emergency coordinator must monitor for leaks,
			 pressure buildup, gas generation, or ruptures in valves, pipes, or other
			 equipment, when appropriate.
§
			 267.57
What must the emergency coordinator do after an
			 emergency?
(a) Immediately after an
			 emergency, the emergency coordinator must provide for treating, storing, or
			 disposing of recovered waste, contaminated soil or surface water, or any other
			 material that results from a release, fire, or explosion at the
			 facility.
(b) The emergency
			 coordinator must ensure that, in the affected area(s) of the facility:
(1) No waste that may be incompatible with
			 the released material is treated, stored, or disposed of until cleanup
			 procedures are completed.
(2) All
			 emergency equipment listed in the contingency plan is cleaned and fit for its
			 intended use before operations are resumed.
§ 267.58
What notification and
			 recordkeeping must I do after an emergency?
(a) You must notify the Director, and other
			 appropriate State and local authorities, that the facility is in compliance
			 with § 267.57(b) before operations are resumed in the affected area(s) of
			 the facility.
(b) You must note the
			 time, date, and details of any incident that requires implementing the
			 contingency plan in the operating record. Within 15 days after the incident,
			 you must submit a written report on the incident to the Director. You must
			 include the following in the report:
(1) The
			 name, address, and telephone number of the owner or operator.
(2) The name, address, and telephone number
			 of the facility.
(3) The date,
			 time, and type of incident (e.g., fire, explosion).
(4) The name and quantity of material(s)
			 involved.
(5) The extent of
			 injuries, if any.
(6) An assessment
			 of actual or potential hazards to human health or the environment, where this
			 is applicable.
(7) The estimated
			 quantity and disposition of recovered material that resulted from the
			 incident.
Subsection E
-Recordkeeping, Reporting,
			 and Notifying
§ 267.70
Does
			 this subsection apply to me?
This subsection applies to you if you own or operate a facility
				that stores or non-thermally treats a hazardous waste under a Section 270,
				subsection J standardized permit, except as provided in § 267.1(b). In
				addition, you must comply with the manifest requirements of Section 262 of this
				Rule whenever a shipment of hazardous waste is initiated from your
				facility.
§ 267.71
Use of the manifest system.
(a)
			 If a facility receives hazardous waste accompanied by a manifest, the owner or
			 operator, or his agent, must:
(1) Sign and
			 date each copy of the manifest to certify that the hazardous waste covered by
			 the manifest was received;
(2) Note
			 any significant discrepancies in the manifest (as defined in § 267.72(a))
			 on each copy of the manifest;
(3)
			 Immediately give the transporter at least one copy of the signed
			 manifest;
(4) Within 30 days after
			 the delivery, send a copy of the manifest to the generator;
(5) Retain at the facility a copy of each
			 manifest for at least three years from the date of delivery;
(6) If a facility receives hazardous waste
			 subject to section 262, subsection H from a foreign source, the receiving
			 facility must:
(i) Additionally list the
			 relevant consent number from consent documentation supplied by EPA to the
			 facility for each waste listed on the manifest, matched to the relevant list
			 number for the waste from block 9b. If additional space is needed, the
			 receiving facility should use a Continuation Sheet(s) (EPA Form 8700-22A);
			 and
(ii) Mail a copy of the
			 manifest to EPA using the addresses listed in § 262.82(e) within thirty
			 (30) days of delivery until the facility can submit such a copy to the
			 e-Manifest system per § 264.71(a)(2)(v) or §
			 265.71(a)(2)(v).
(b) If a facility receives, from a rail or
			 water (bulk shipment) transporter, hazardous waste which is accompanied by a
			 shipping paper containing all the information required on the manifest
			 (excluding the EPA identification numbers, generator's certification, and
			 signatures), the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest
			 or shipping paper (if the manifest has not been received) to certify that the
			 hazardous waste covered by the manifest or shipping paper was
			 received;
(2) Note any significant
			 discrepancies (as defined in § 267.72(a)) in the manifest or shipping
			 paper (if the manifest has not been received) on each copy of the manifest or
			 shipping paper. Note that the Commission does not intend that the owner or
			 operator of a facility whose procedures under § 267.13(c) include waste
			 analysis must perform that analysis before signing the shipping paper and
			 giving it to the transporter. Section 267.72(b), however, requires reporting an
			 unreconciled discrepancy discovered during later analysis.
(3) Immediately give the rail or water (bulk
			 shipment) transporter at least one copy of the manifest or shipping paper (if
			 the manifest has not been received);
(4) Within 30 days after the delivery, send a
			 copy of the signed and dated manifest to the generator; however, if the
			 manifest has not been received within 30 days after delivery, the owner or
			 operator, or his agent, must send a copy of the shipping paper signed and dated
			 to the generator. Note that § 262.23(c) of this Rule requires the
			 generator to send three copies of the manifest to the facility when hazardous
			 waste is sent by rail or water (bulk shipment); and
(5) Retain at the facility a copy of the
			 manifest and shipping paper (if signed in lieu of the manifest at the time of
			 delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of
			 hazardous waste is initiated from a facility, the owner or operator of that
			 facility must comply with the requirements of section 262 of this Rule. The
			 Commission notes that the provisions of § 262.16 or 262.17are applicable
			 to the on-site accumulation of hazardous wastes by generators. Therefore, the
			 provisions of § 262.16 or 262.17 only apply to owners or operators who are
			 shipping hazardous waste which they generated at that facility.
(d) As per § 262.84(d)(2)(xv), within
			 three (3) working days of the receipt of a shipment subject to section 262,
			 subsection H, the owner or operator of a facility must provide a copy of the
			 movement document bearing all required signatures to the foreign exporter; to
			 the competent authorities of the countries of export and transit that control
			 the shipment as an export and transit shipment of hazardous waste respectively;
			 and on or after the electronic import-export reporting compliance date, to EPA
			 electronically using EPA's Waste Import Export Tracking System (WIETS), or its
			 successor system. The original copy of the movement document must be maintained
			 at the facility for at least three (3) years from the date of signature. The
			 owner or operator of a facility may satisfy this recordkeeping requirement by
			 retaining electronically submitted documents in the facility's account on EPA's
			 Waste Import Export Tracking System (WIETS), or its successor system, provided
			 that copies are readily available for viewing and production if requested by
			 any EPA or authorized state inspector. No owner or operator of a facility may
			 be held liable for the inability to produce the documents for inspection under
			 this section if the owner or operator of a facility can demonstrate that the
			 inability to produce the document is due exclusively to technical difficulty
			 with EPA's Waste Import Export Tracking System (WIETS), or its successor
			 system, for which the owner or operator of a facility bears no
			 responsibility.
§
			 267.72
Manifest discrepancies.
(a) Manifest discrepancies are differences
			 between the quantity or type of hazardous waste designated on the manifest or
			 shipping paper, and the quantity or type of hazardous waste a facility actually
			 receives. Significant discrepancies in quantity are:
(1) For bulk waste, variations greater than
			 10 percent in weight; and
(2) For
			 batch waste, any variation in piece count, such as a discrepancy of one drum in
			 a truckload. Significant discrepancies in type are obvious differences which
			 can be discovered by inspection or waste analysis, such as waste solvent
			 substituted for waste acid, or toxic constituents not reported on the manifest
			 or shipping paper.
(b)
			 Upon discovering a significant discrepancy, the owner or operator must attempt
			 to reconcile the discrepancy with the waste generator or transporter (e.g.,
			 with telephone conversations). If the discrepancy is not resolved within 15
			 days after receiving the waste, the owner or operator must immediately submit
			 to the Director a letter describing the discrepancy and attempts to reconcile
			 it, and a copy of the manifest or shipping paper at issue.
§ 267.73
What information must I
			 keep?
(a) You must keep a written
			 operating record at your facility.
(b) You must record the following
			 information, as it becomes available, and maintain the operating record until
			 you close the facility:
(1) A description and
			 the quantity of each type of hazardous waste generated, and the method(s) and
			 date(s) of its storage and/or treatment at the facility as required by Appendix
			 I of Section 264;
(2) The location
			 of each hazardous waste within the facility and the quantity at each
			 location;
(3) Records and results
			 of waste analyses and waste determinations you perform as specified in
			 §§ 267.13, 267.17, and Sections 264.1034, 264.1063, 264.1083, and
			 268.7;
(4) Summary reports and
			 details of all incidents that require you to implement the contingency plan as
			 specified in § 267.58(b));
(5)
			 Records and results of inspections as required by § 267.15(d) (except you
			 need to keep these data for only three years);
(6) Monitoring, testing or analytical data,
			 and corrective action when required by subsection F of this section and
			 §§ 267.191, 267.193, 267.195, and Sections 264.1034(c) through
			 264.1034(f), 264.1035, 264.1063(d) through 264.1063(i), 264.1064, 264.1088,
			 264.1089, and 264.1090;
(7) All
			 closure cost estimates under § 267.142;
(8) Your certification, at least annually,
			 that you have a program in place to reduce the volume and toxicity of hazardous
			 waste that you generate to the degree that you determine to be economically
			 practicable; and that the proposed method of treatment or storage is that
			 practicable method currently available to you that minimizes the present and
			 future threat to human health and the environment;
(9) For an on-site treatment facility, the
			 information contained in the notice (except the manifest number), and the
			 certification and demonstration, if applicable, required by you under Section
			 268.7 of this Rule; and
(10) For an
			 on-site storage facility, the information in the notice (except the manifest
			 number), and the certification and demonstration, if applicable, required by
			 you under § 268.7.
(11) For an
			 off-site treatment facility, a copy of the notice, and the certification and
			 demonstration, if applicable, required by the generator or the owner or
			 operator under § 268.7 or § 268.8;
(12) For an off-site storage facility, a copy
			 of the notice, and the certification and demonstration, if applicable, required
			 by the generator or the owner or operator under § 268.7 or §
			 268.8.
§
			 267.74
Who sees the records?
(a) You must furnish all records, including
			 plans, required under this section upon the request of any officer, employee,
			 or representative of DEQ who is duly designated by the Director, and make them
			 available at all reasonable times for inspection.
(b) The retention period for all records
			 required under this section is extended automatically during the course of any
			 unresolved enforcement action involving the facility or as requested by the
			 Director.
§ 267.75
What reports must I prepare and to whom do I send them?
You must prepare an annual report and other reports listed in
				paragraph (b) of this section.
(a)
Annual report.
You must prepare and submit a single copy of
			 an
annual report
to the Director by March 1 of each year. The
annual report
must be submitted on forms as provided by the
			 Division. The report must cover facility activities during the previous
			 calendar year and must include:
(1) The EPA
			 identification number, name, and address of the facility;
(2) The calendar year covered by the
			 report;
(3) The method of treatment
			 or storage for each hazardous waste;
(4) The most recent closure cost estimate
			 under § 267.142;
(5) A
			 description of the efforts undertaken during the year to reduce the volume and
			 toxicity of generated waste.
(6) A
			 description of the changes in volume and toxicity of waste actually achieved
			 during the year in comparison to previous years to the extent such information
			 is available for the years prior to 1984.
(7) The certification signed by
			 you.
(b) Additional
			 reports. In addition to submitting the biennial reports, you must also report
			 to the Director:
(1) Releases, fires, and
			 explosions as specified in § 267.58(b);
(2) Facility closures specified in §
			 267.117; and
(3) As otherwise
			 required by subsections I, J, and DD of this section and Section 264,
			 subsections AA, BB, CC.
(c) For off-site facilities, the EPA
			 identification number of each hazardous waste generator from which the facility
			 received a hazardous waste during the year; for imported shipments, the report
			 must give the name and address of the foreign generator;
(d) A description and the quantity of each
			 hazardous waste the facility received during the year. For off-site facilities,
			 this information must be listed by EPA identification number of each
			 generator.
§ 267.76
What notifications must I make?
Before transferring ownership or operation of a facility during
				its operating life, you must notify the new owner or operator in writing of the
				requirements of this section and Section 270, subsection J.
Subsection F
-Releases from Solid Waste Management Units
§ 267.90
Who must comply with this
			 section?
This subsection applies to you if you own or operate a facility
				that treats or stores hazardous waste under a Section 270, subsection J
				standardized permit, except as provided in § 267.1(b), or unless your
				facility already has a permit that imposes requirements for corrective action
				under Section 264.101 of this Rule.
§ 267.91
-267.100 [Reserved]
			 § 267.101 What must I do to address corrective action for solid waste
			 management units?
(a) You must
			 institute corrective action as necessary to protect human health and the
			 environment for all releases of hazardous waste or constituents from any solid
			 waste management unit at the facility, regardless of the time at which waste
			 was placed in such unit.
(b) The
			 Director will specify corrective action in the supplemental portion of your
			 standardized permit in accordance with this section and Section 264, subsection
			 S of this Rule. The Director will include in the supplemental portion of your
			 standardized permit schedules of compliance for corrective action (where
			 corrective action cannot be completed prior to issuance of the permit) and
			 assurances of financial responsibility for completing corrective
			 action.
(c) You must implement
			 corrective action beyond the facility property boundary, where necessary to
			 protect human health and the environment, unless you demonstrate to the
			 satisfaction of the Director that, despite your best efforts, you were unable
			 to obtain the necessary permission to undertake such actions. You are not
			 relieved of all responsibility to clean up a release that has migrated beyond
			 the facility boundary where off -site access is denied. On-site measures to
			 address such releases will be determined on a case-by-case basis. You must
			 provide assurances of financial responsibility for such corrective
			 action.
(d) You do not have to
			 comply with this section if you are the owner or operator of a remediation
			 waste site unless your site is part of a facility that is subject to a permit
			 for treating, storing, or disposing of hazardous wastes that are not
			 remediation wastes.
Subsection G
-Closure
§ 267.110
Does this subsection
			 apply to me?
This subsection applies to you if you own or operate a facility
				that treats or stores hazardous waste under a Section 270, subsection J
				standardized permit, except as provided in § 267.1(b).
§ 267.111
What general standards
			 must I meet when I stop operating the unit?
You must close the storage and treatment units in a manner
				that:
(a) Minimizes the need for
			 further maintenance; and
(b)
			 Controls, minimizes, or eliminates, to the extent necessary to protect human
			 health and the environment, post-closure escape of hazardous waste, hazardous
			 constituents, leachate, contaminated run-off, or hazardous waste decomposition
			 products to the ground or surface waters or to the atmosphere; and
(c) Meets the closure requirements of this
			 subsection and the requirements of §§ 267.176, 267.201, and 267.1108.
			 If you determine that, when applicable, the closure requirements of §
			 267.201(tanks) or § 267.1108 (containment buildings) cannot be met, then
			 you must close the unit in accordance with the requirements that apply to
			 landfills (§ 264.310). In addition, for the purposes of post-closure and
			 financial responsibility, such a tank system or containment building is then
			 considered to be a landfill, and you must apply for a post-closure care permit
			 in accordance with Section 270 of this Rule.
§ 267.112
What procedures must I
			 follow?
(a) To close a facility, you
			 must follow your approved closure plan, and follow notification requirements.
(1) Your closure plan must be submitted at
			 the time you submitted your Notice of Intent to operate under a standardized
			 permit. Final issuance of the standardized permit constitutes approval of the
			 closure plan, and the plan becomes a condition of the RCRA standardized
			 permit.
(2) The Director's approval
			 of the plan must ensure that the approved plan is consistent with §§
			 267.111 through 267.115, 267.176, 267.201, and 267.1108.
(b) Satisfy the requirements for content of
			 closure plan. The closure plan must identify steps necessary to perform partial
			 and/or final closure of the facility. The closure plan must include, at least:
(1) A description of how each hazardous waste
			 management unit at the facility subject to this subsection will be closed
			 following § 267.111.
(2) A
			 description of how final closure of the facility will be conducted in
			 accordance with § 267.111. The description must identify the maximum
			 extent of the operations which will be unclosed during the active life of the
			 facility.
(3) An estimate of the
			 maximum inventory of hazardous wastes ever on site during the active life of
			 the facility and a detailed description of the methods you will use during
			 partial and /or final closure, such as methods for removing, transporting,
			 treating, storing, or disposing of all hazardous wastes, and identification of
			 the type(s) of off-site hazardous waste management units to be used, if
			 applicable.
(4) A detailed
			 description of the steps needed to remove or decontaminate all hazardous waste
			 residues and contaminated containment system components, equipment, structures,
			 and soils during partial or final closure. These might include procedures for
			 cleaning equipment and removing contaminated soils, methods for sampling and
			 testing surrounding soils, and criteria for determining the extent of
			 decontamination required to satisfy the closure performance standard;
(5) A detailed description of other
			 activities necessary during the closure period to ensure that partial or final
			 closure satisfies the closure performance standards.
(6) A schedule for closure of each hazardous
			 waste management unit, and for final closure of the facility. The schedule must
			 include, at a minimum, the total time required to close each hazardous waste
			 management unit and the time required for intervening closure activities that
			 allow tracking of progress of partial or final closure.
(7) For facilities that use trust funds to
			 establish financial assurance under § 267.143 and that are expected to
			 close prior to the expiration of the permit, an estimate of the expected year
			 of final closure.
(c)
			 You may submit a written notification to the Director for a permit modification
			 to amend the closure plan at any time prior to the notification of partial or
			 final closure of the facility, following the applicable procedures in
			 40 CFR
			 124.211.
(1) Events leading to a change in the closure
			 plan, and therefore requiring a modification, may include:
(i) A change in the operating plan or
			 facility design; (ii) A change in the expected year of closure, if applicable;
			 or
(iii) In conducting partial or
			 final closure activities, an unexpected event requiring a modification of the
			 approved closure plan.
(2) The written notification or request must
			 include a copy of the amended closure plan for review or approval by the
			 Director. The Director will approve, disapprove, or modify this amended plan in
			 accordance with the procedures in
			 40 CFR
			 124.211,
			 270.320
			 of this Rule,
and Rule No. 8. (d) Notification before final closure.
(1) You must notify the Director in writing
			 at least 45 days before the date that you expect to begin final closure of a
			 treatment or storage tank, container storage area, or containment
			 building.
(2) The date when you
			 ''expect to begin closure'' must be no later than 30 days after the date that
			 any hazardous waste management unit receives the known final volume of
			 hazardous wastes.
(3) If your
			 facility's permit is terminated, or if you are otherwise ordered, by judicial
			 decree or final order under section 3008 of RCRA, to cease receiving hazardous
			 wastes or to close, then the requirements of this paragraph (d) do not apply.
			 However, you must close the facility following the deadlines established in
			 § 267.115.
§ 267.113
Will the public have the
			 opportunity to comment on the plan?
(a) The Director will provide you and the
			 public, when the draft standardized permit is public noticed, the opportunity
			 to submit written comments on the plan and to the draft permit as allowed by
			 Rule No. 8. The Director will also, in response to a request or at his/her own
			 discretion, hold a public hearing whenever such a hearing might clarify one or
			 more issues concerning the closure plan, and the permit.
(b) The Director will give public notice of
			 the hearing 30 days before it occurs. Public notice of the hearing may be given
			 at the same time as notice of the opportunity for the public to submit written
			 comments, and the two notices may be combined.
§ 267.114
[Reserved]
§ 267.115
After I stop operating, how long until I must close?
(a) Within 90 days after the final volume of
			 hazardous waste is sent to a unit, you must treat or remove from the unit all
			 hazardous wastes following the approved closure plan.
(b) You must complete final closure
			 activities in accordance with the approved closure plan within 180 days after
			 the final volume of hazardous wastes is sent to the unit. The Director may
			 approve an extension of 180 days to the closure period if you comply with all
			 applicable requirements for requesting a modification to the permit and
			 demonstrate that:
(1) The final closure
			 activities will take longer than 180 days to complete due to circumstances
			 beyond your control, excluding ground water contamination; and
(2) You have taken and will continue to take
			 all steps to prevent threats to human health and the environment from the
			 unclosed, but not operating hazardous waste management unit or facility,
			 including compliance with all applicable permit requirements.
(3) The demonstration must be made at least
			 30 days prior to the expiration of the initial 180-day period.
(c) Nothing in this section
			 precludes you from removing hazardous wastes and decontaminating or dismantling
			 equipment in accordance with the approved final closure plan at any time before
			 or after notification of final closure.
§ 267.116
What must I do with
			 contaminated equipment, structure, and soils?
You must properly dispose of or decontaminate all contaminated
				equipment, structures, and soils during the partial and final closure periods.
				By removing any hazardous wastes or hazardous constituents during partial and
				final closure, you may become a generator of hazardous waste and must handle
				that waste following all applicable requirements of Section 262 of this
				Rule.
§ 267.117
How do I certify closure?
Within 60 days of the completion of final closure of each unit
				under a Section 270 subsection J standardized permit, you must submit to the
				Director, by registered mail, a certification that each hazardous waste
				management unit or facility, as applicable, has been closed following the
				specifications in the closure plan. Both you and an
independent
				qualified Arkansas-registered professional engineer
must sign the
				certification. You must furnish documentation supporting the
independent Arkansas-registered professional engineer's
certification to the Director upon request until he releases you from the
				financial assurance requirements for closure under § 267.143(i).
Subsection H
-Financial Requirements
§
			 267.140
Who must comply with this subsection, and briefly,
			 what do they have to do?
(a) The rules
			 in this subsection apply to owners and operators who treat or store hazardous
			 waste under a standardized permit, except as provided in § 267.1(b), or
			 § 267.140(d) below.
(b) The
			 owner or operator must:
(1) Prepare a closure
			 cost estimate as required in § 267.142;
(2) Demonstrate financial assurance for
			 closure as required in § 267.143; and
(3) Demonstrate financial assurance for
			 liability as required in § 267.147.
(c) The owner or operator must notify the
			 Director if the owner or operator is named as a debtor in a bankruptcy
			 proceeding under Title 11 (Bankruptcy), U.S. Code (See also §
			 267.148).
(d) States and the
			 Federal government are exempt from the requirements of this
			 subsection.
§
			 267.141
Definitions of terms as used in this
			 subsection.
(a) Closure plan means the
			 plan for closure prepared in accordance with the requirements of §
			 267.112.
(b) Current closure cost
			 estimate means the most recent of the estimates prepared in accordance with
			 § 267.142 (a), (b), and (c).
(c) [Reserved]
(d) Parent corporation means a corporation
			 which directly owns at least 50 percent of the voting stock of the corporation
			 which is the facility owner or operator; the latter corporation is deemed a
			 ''subsidiary'' of the parent corporation.
(e) [Reserved]
(f) The following terms are used in the
			 specifications for the financial tests for closure and liability coverage. The
			 definitions are intended to assist in the understanding of these rules and are
			 not intended to limit the meanings of terms in a way that conflicts with
			 generally accepted accounting practices:
"Assets" means all existing and all probable future economic
				benefits obtained or controlled by a particular entity.
"Current plugging and abandonment cost estimate" means the most
				recent of the estimates prepared in accordance with
				40 CFR
				144.62(a), (b), and
				(c).
"Independently audited" refers to an audit performed by an
				independent certified public accountant in accordance with generally accepted
				auditing standards.
"Liabilities" means probable future sacrifices of economic
				benefits arising from present obligations to transfer assets or provide
				services to other entities in the future as a result of past transactions or
				events.
"Tangible net worth" means the tangible assets that remain
				after deducting liabilities; such assets would not include intangibles such as
				goodwill and rights to patents or royalties.
(g) In the liability insurance requirements,
			 the terms bodily injury and property damage shall have the meanings given these
			 terms by applicable State law. However, these terms do not include those
			 liabilities which, consistent with standard industry practices, are excluded
			 from coverage in liability policies for bodily injury and property damage. The
			 Commission intends the meanings of other terms used in the liability insurance
			 requirements to be consistent with their common meanings within the insurance
			 industry. The definitions given below of several of the terms are intended to
			 assist in the understanding of these rules and are not intended to limit their
			 meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence" means an accident, including continuous
				or repeated exposure to conditions, which results in bodily injury or property
				damage neither expected nor intended from the standpoint of the insured.
"Legal defense costs" means any expenses that an insurer incurs
				in defending against claims of third parties brought under the terms and
				conditions of an insurance policy.
"Sudden accidental occurrence" means an occurrence which is not
				continuous or repeated in nature.
(h) "Substantial business relationship" means
			 the extent of a business relationship necessary under applicable State law to
			 make a guarantee contract issued incident to that relationship valid and
			 enforceable. A "substantial business relationship" must arise from a pattern of
			 recent or ongoing business transactions, in addition to the guarantee itself,
			 such that a currently existing business relationship between the guarantor and
			 the owner or operator is demonstrated to the satisfaction of the
			 Director.
§ 267.142
Cost estimate for closure.
(a)
			 The owner or operator must have at the facility a detailed written estimate, in
			 current dollars, of the cost of closing the facility in accordance with the
			 requirements in §§ 267.111 through 267.115 and applicable closure
			 requirements in §§ 267.176, 267.201, 267.1108.
(1) The estimate must equal the cost of final
			 closure at the point in the facility's active life when the extent and manner
			 of its operation would make closure the most expensive, as indicated by the
			 closure plan (see § 267.112(b)); and
(2) The closure cost estimate must be based
			 on the costs to the owner or operator of hiring a third party to close the
			 facility. A third party is a party who is neither a parent nor a subsidiary of
			 the owner or operator. (See definition of parent corporation in §
			 267.141(d).) The owner or operator may use costs for onsite disposal if he can
			 demonstrate that on-site disposal capacity will exist at all times over the
			 life of the facility.
(3) The
			 closure cost estimate may not incorporate any salvage value that may be
			 realized with the sale of hazardous wastes, or non-hazardous wastes, facility
			 structures or equipment, land, or other assets associated with the facility at
			 the time of partial or final closure.
(4) The owner or operator may not incorporate
			 a zero cost for hazardous wastes, or non-hazardous wastes that might have
			 economic value.
(b)
			 During the active life of the facility, the owner or operator must adjust the
			 closure cost estimate for inflation within 60 days prior to the anniversary
			 date of the establishment of the financial instrument(s) used to comply with
			 § 267.143. For owners and operators using the financial test or corporate
			 guarantee, the closure cost estimate must be updated for inflation within 30
			 days after the close of the firm's fiscal year and before submission of updated
			 information to the Director as specified in § 267.143(f)(2)(iii). The
			 adjustment may be made by recalculating the maximum costs of closure in current
			 dollars, or by using an inflation factor derived from the most recent Implicit
			 Price Deflator for Gross Domestic Product published by the U.S. Department of
			 Commerce in its Survey of Current Business, as specified in paragraphs (b)(1)
			 and (2) of this section. The inflation factor is the result of dividing the
			 latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by
			 multiplying the closure cost estimate by the inflation factor. The result is
			 the adjusted closure cost estimate.
(2) Subsequent adjustments are made by
			 multiplying the latest adjusted closure cost estimate by the latest inflation
			 factor.
(c) During the
			 active life of the facility, the owner or operator must revise the closure cost
			 estimate no later than 30 days after the Director has approved the request to
			 modify the closure plan, if the change in the closure plan increases the cost
			 of closure. The revised closure cost estimate must be adjusted for inflation as
			 specified in § 267.142(b).
(d)
			 The owner or operator must keep the following at the facility during the
			 operating life of the facility: The latest closure cost estimate prepared in
			 accordance with paragraphs (a) and (c) of this section and, when this estimate
			 has been adjusted in accordance with paragraph (b) of this section, the latest
			 adjusted closure cost estimate.
§ 267.143
Financial assurance for
			 closure.
The owner or operator must establish financial assurance for
				closure of each storage or treatment unit that he owns or operates. In
				establishing financial assurance for closure, the owner or operator must choose
				from the financial assurance mechanisms in paragraphs (a), (b), (c), (d), (e),
				(f), and (g) of this section. The owner or operator can also use a combination
				of mechanisms for a single facility if they meet the requirement in paragraph
				(h) of this section, or may use a single mechanism for multiple facilities as
				in paragraph (i) of this section. The Director will release the owner or
				operator from the requirements of this section after the owner or operator
				meets the criteria under paragraph (j) of this section.
(a) Closure Trust Fund. Owners and operators
			 can use the ''closure trust fund,'' that is specified in Sections 264.143(a)(1)
			 and (2), and 264.143(a)(6)-(11) of this Rule. For purposes of this paragraph,
			 the following provisions also apply:
(1)
			 Payments into the trust fund for a new facility must be made annually by the
			 owner or operator over the remaining operating life of the facility as
			 estimated in the closure plan, or over 3 years, whichever period is shorter.
			 This period of time is hereafter referred to as the "pay-in period."
(2) For a new facility, the first payment
			 into the closure trust fund must be made before the facility may accept the
			 initial storage. A receipt from the trustee must be submitted by the owner or
			 operator to the Director before this initial storage of waste. The first
			 payment must be at least equal to the current closure cost estimate, divided by
			 the number of years in the pay-in period, except as provided in paragraph (h)
			 of this section for multiple mechanisms. Subsequent payments must be made no
			 later than 30 days after each anniversary date of the first payment. The owner
			 or operator determines the amount of each subsequent payment by subtracting the
			 current value of the trust fund from the current closure cost estimate, and
			 dividing this difference by the number of years remaining in the pay-in period.
Mathematically, the formula is Next Payment = (Current Closure
				Estimate - Current Value of the Trust Fund) Divided by Years Remaining in the
				Pay-In Period.
(3) The
			 owner or operator of a facility existing on the effective date of this
			 paragraph can establish a trust fund to meet this paragraph's financial
			 assurance requirements. If the value of the trust fund is less than the current
			 closure cost estimate when a final approval of the permit is granted for the
			 facility, the owner or operator must pay the difference into the trust fund
			 within 60 days.
(4) The owner or
			 operator may accelerate payments into the trust fund or deposit the full amount
			 of the closure cost estimate when establishing the trust fund. However, he must
			 maintain the value of the fund at no less than the value that the fund would
			 have if annual payments were made as specified in paragraph (a)(2) or (a)(3) of
			 this section.
(5) The owner or
			 operator must submit a trust agreement with the wording specified in §
			 264.151(a)(1).
(b)
			 Surety Bond Guaranteeing Payment into a Closure Trust Fund. Owners and
			 operators can use the ''surety bond guaranteeing payment into a closure trust
			 fund,'' as specified in § 264.143(b) of this Rule, including the use of
			 the surety bond instrument specified at § 264.151(b), and the standby
			 trust specified at § 264.143(b)(3).
(c) Surety Bond Guaranteeing Performance of
			 Closure. Owners and operators can use the ''surety bond guaranteeing
			 performance of closure,'' as specified in § 264.143(c), the submission and
			 use of the surety bond instrument specified at § 264.151(c), and the
			 standby trust specified at § 264.143(c)(3).
(d) Closure Letter of Credit. Owners and
			 operators can use the "closure letter of credit" specified in §
			 264.143(d), the submission and use of the irrevocable letter of credit
			 instrument specified in § 264.151(d), and the standby trust specified in
			 § 264.143(d)(3).
(e) Closure
			 Insurance. Owners and operators can use ''closure insurance,'' as specified in
			 § 264.143(e), utilizing the certificate of insurance for closure specified
			 at § 264.151(e).
(f) Corporate
			 financial test. An owner or operator that satisfies the requirements of this
			 paragraph may demonstrate financial assurance up to the amount specified in
			 this paragraph:
(1) Financial component.
(i) The owner or operator must satisfy one of
			 the following three conditions:
(A) A current
			 rating for its senior unsecured debt of AAA, AA, A, or BBB as issued by
			 Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; or
(B) A ratio of less than 1.5 comparing total
			 liabilities to net worth; or
(C) A
			 ratio of greater than 0.10 comparing the sum of net income plus depreciation,
			 depletion and amortization, minus $10 million, to total liabilities.
(ii) The tangible net worth of the
			 owner or operator must be greater than:
(A)
			 The sum of the current environmental obligations (see paragraph (f)(2)(i)(A)(1)
			 of this section), including guarantees, covered by a financial test plus $10
			 million, except as provided in paragraph (f)(1)(ii)(B) of this
			 section.
(B) $10 million in
			 tangible net worth plus the amount of any guarantees that have not been
			 recognized as liabilities on the financial statements provided all of the
			 environmental obligations (see paragraph (f)(2)(i)(A)(1) of this section)
			 covered by a financial test are recognized as liabilities on the owner's or
			 operator's audited financial statements, and subject to the approval of the
			 Director.
(iii) The
			 owner or operator must have assets located in the United States amounting to at
			 least the sum of environmental obligations covered by a financial test as
			 described in paragraph (f)(2)(i)(A)(1) of this section.
(2) Recordkeeping and reporting requirements.
(i) The owner or operator must submit the
			 following items to the Director:
(A) A letter
			 signed by the owner's or operator's chief financial officer that:
(1) Lists all the applicable current types,
			 amounts, and sums of environmental obligations covered by a financial test.
			 These obligations include both obligations in the programs which EPA directly
			 operates and obligations where EPA has delegated authority to a State or
			 approved a State's program. These obligations include, but are not limited to:
(i) Liability, closure, post-closure and
			 corrective action cost estimates required for hazardous waste treatment,
			 storage, and disposal facilities under §§ 264.101, 264.142, 264.144,
			 264.147, 265.142, 265.144, and 265.147 of this Rule;
(ii) Cost estimates required for municipal
			 solid waste management facilities under
			 40 CFR
			 258.71,
			 258.72,
			 and
			 258.73;
(iii) Current plugging cost estimates
			 required for UIC facilities under
			 40 CFR
			 144.62;
(iv) Cost estimates required for petroleum
			 underground storage tank facilities under
			 40 CFR
			 280.93;
(v) Cost estimates required for PCB storage
			 facilities under
			 40 CFR
			 761.65;
(vi) Any financial assurance required under,
			 or as part of an action undertaken under, the Comprehensive Environmental
			 Response, Compensation, and Liability Act; and
(vii) Any other environmental obligations
			 that are assured through a financial test.
(2) Provides evidence demonstrating that the
			 firm meets the conditions of either paragraph (f)(1)(i)(A) or (f)(1)(i)(B) or
			 (f)(1)(i)(C) of this section and paragraphs (f)(1)(ii) and (f)(1)(iii) of this
			 section.
(B) A copy of
			 the independent certified public accountant's unqualified opinion of the
			 owner's or operator's financial statements for the latest completed fiscal
			 year. To be eligible to use the financial test, the owner's or operator's
			 financial statements must receive an unqualified opinion from the independent
			 certified public accountant. An adverse opinion, disclaimer of opinion, or
			 other qualified opinion will be cause for disallowance, with the potential
			 exception for qualified opinions provided in the next sentence. The Director
			 may evaluate qualified opinions on a case-by-case basis and allow use of the
			 financial test in cases where the Director deems that the matters which form
			 the basis for the qualification are insufficient to warrant disallowance of the
			 test.
If the Director does not allow use of the test, the owner or
				operator must provide alternate financial assurance that meets the requirements
				of this section within 30 days after the notification of disallowance.
(C) If the chief financial
			 officer's letter providing evidence of financial assurance includes financial
			 data showing that the owner or operator satisfies paragraph (f)(1)(i)(B) or
			 (f)(1)(i)(C) of this section that are different from data in the audited
			 financial statements referred to in paragraph (f)(2)(i)(B) of this section or
			 any other audited financial statement or data filed with the SEC, then a
			 special report from the owner's or operator's independent certified public
			 accountant to the owner or operator is required. The special report shall be
			 based upon an agreed upon procedures engagement in accordance with professional
			 auditing standards and shall describe the procedures performed in comparing the
			 data in the chief financial officer's letter derived from the independently
			 audited, year-end financial statements for the latest fiscal year with the
			 amounts in such financial statements, the findings of that comparison, and the
			 reasons for any differences.
(D) If
			 the chief financial officer's letter provides a demonstration that the firm has
			 assured for environmental obligations as provided in paragraph (f)(1)(ii)(B) of
			 this section, then the letter shall include a report from the independent
			 certified public accountant that verifies that all of the environmental
			 obligations covered by a financial test have been recognized as liabilities on
			 the audited financial statements, how these obligations have been measured and
			 reported, and that the tangible net worth of the firm is at least $10 million
			 plus the amount of any guarantees provided.
(ii) The owner or operator of a new facility
			 must submit the items specified in paragraph (f)(2)(i) of this section to the
			 Director at least 60 days before placing waste in the facility.
(iii) After the initial submission of items
			 specified in paragraph (f)(2)(i) of this section, the owner or operator must
			 send updated information to the Director within 90 days following the close of
			 the owner or operator's fiscal year. The Director may provide up to an
			 additional 45 days for an owner or operator who can demonstrate that 90 days is
			 insufficient time to acquire audited financial statements. The updated
			 information must consist of all items specified in paragraph (f)(2)(i) of this
			 section.
(iv) The owner or operator
			 is no longer required to submit the items specified in this paragraph (f)(2) of
			 this section or comply with the requirements of this paragraph (f) when:
(A) The owner or operator substitutes
			 alternate financial assurance as specified in this section that is not subject
			 to these recordkeeping and reporting requirements; or
(B) The Director releases the owner or
			 operator from the requirements of this section in accordance with paragraph (j)
			 of this section.
(v) An
			 owner or operator who no longer meets the requirements of paragraph (f)(1) of
			 this section cannot use the financial test to demonstrate financial assurance.
			 Instead an owner or operator who no longer meets the requirements of paragraph
			 (f)(1) of this section, must:
(A) Send notice
			 to the Director of intent to establish alternate financial assurance as
			 specified in this section. The owner or operator must send this notice by
			 certified mail within 90 days following the close the owner or operator's
			 fiscal year for which the year-end financial data show that the owner or
			 operator no longer meets the requirements of this section.
(B) Provide alternative financial assurance
			 within 120 days after the end of such fiscal year. (vi) The Director may, based
			 on a reasonable belief that the owner or operator may no longer meet the
			 requirements of paragraph (f)(1) of this section, require at any time the owner
			 or operator to provide reports of its financial condition in addition to or
			 including current financial test documentation as specified in paragraph (f)(2)
			 of this section. If the Director finds that the owner or operator no longer
			 meets the requirements of paragraph (f)(1) of this section, the owner or
			 operator must provide alternate financial assurance that meets the requirements
			 of this section. (g) Corporate Guarantee.
(1)
			 An owner or operator may meet the requirements of this section by obtaining a
			 written guarantee. The guarantor must be the direct or higher-tier parent
			 corporation of the owner or operator, a firm whose parent corporation is also
			 the parent corporation of the owner or operator, or a firm with a "substantial
			 business relationship" with the owner or operator. The guarantor must meet the
			 requirements for owners or operators in paragraph (f) of this section and must
			 comply with the terms of the guarantee. The wording of the guarantee must be
			 identical to the wording in § 264.151(h). The certified copy of the
			 guarantee must accompany the letter from the guarantor's chief financial
			 officer and accountants' opinions. If the guarantor's parent corporation is
			 also the parent corporation of the owner or operator, the letter from the
			 guarantor's chief financial officer must describe the value received in
			 consideration of the guarantee. If the guarantor is a firm with a "substantial
			 business relationship" with the owner or operator, this letter must describe
			 this "substantial business relationship" and the value received in
			 consideration of the guarantee.
(2)
			 For a new facility, the guarantee must be effective and the guarantor must
			 submit the items in paragraph (g)(1) of this section and the items specified in
			 paragraph (f)(2)(i) of this section to the Director at least 60 days before the
			 owner or operator places waste in the facility.
(3) The terms of the guarantee must provide
			 that:
(i) If the owner or operator fails to
			 perform closure at a facility covered by the guarantee, the guarantor will:
(A) Perform, or pay a third party to perform
			 closure (performance guarantee); or
(B) Establish a fully funded trust fund as
			 specified in paragraph (a) of this section in the name of the owner or operator
			 (payment guarantee).
(ii) The guarantee will remain in force for
			 as long as the owner or operator must comply with the applicable financial
			 assurance requirements of this subsection unless the guarantor sends prior
			 notice of cancellation by certified mail to the owner or operator and to the
			 Director. Cancellation may not occur, however, during the 120 days beginning on
			 the date of receipt of the notice of cancellation by both the owner or operator
			 and the Director as evidenced by the return receipts.
(iii) If notice of cancellation is given, the
			 owner or operator must, within 90 days following receipt of the cancellation
			 notice by the owner or operator and the Director, obtain alternate financial
			 assurance, and submit documentation for that alternate financial assurance to
			 the Director. If the owner or operator fails to provide alternate financial
			 assurance and obtain the written approval of such alternative assurance from
			 the Director within the 90-day period, the guarantor must provide that
			 alternate assurance in the name of the owner or operator and submit the
			 necessary documentation for the alternative assurance to the Director within
			 120 days of the cancellation notice.
(4) If a corporate guarantor no longer meets
			 the requirements of paragraph (f)(1) of this section, the owner or operator
			 must, within 90 days, obtain alternative assurance, and submit the assurance to
			 the Director for approval. If the owner or operator fails to provide alternate
			 financial assurance within the 90-day period, the guarantor must provide that
			 alternate assurance within the next 30 days, and submit it to the Director for
			 approval.
(5) The guarantor is no
			 longer required to meet the requirements of this paragraph (g) when:
(i) The owner or operator substitutes
			 alternate financial assurance as specified in this section; or
(ii) The owner or operator is released from
			 the requirements of this section in accordance with paragraph (j) of this
			 section.
(h) Use of Multiple Financial Mechanisms. An
			 owner or operator may use more than one mechanism at a particular facility to
			 satisfy the requirements of this section. The acceptable mechanisms are trust
			 funds, surety bonds guaranteeing payment into a trust fund, letters of credit,
			 insurance, the financial test, and the guarantee, except owners or operators
			 cannot combine the financial test with the guarantee. The mechanisms must be as
			 specified in paragraphs (a), (b), (d), (e), (f), and (g) respectively of this
			 section, except it is the combination of mechanisms rather than a single
			 mechanism that must provide assurance for an amount at least equal to the cost
			 estimate. If an owner or operator uses a trust fund in combination with a
			 surety bond or letter of credit, he may use the trust fund as the standby trust
			 for the other mechanisms. A single trust fund can be established for two or
			 more mechanisms. The Director may use any or all of the mechanisms to provide
			 for closure of the facility.
(i)
			 Use of a financial mechanism for multiple facilities. An owner or operator may
			 use a financial mechanism for multiple facilities, as specified in §
			 264.143(h) of this Rule.
(j)
			 Release of the owner or operator from the requirements of this section. Within
			 60 days after receiving certifications from the owner or operator and an
			 independent Arkansas-registered professional engineer that final closure has
			 been completed in accordance with the approved closure plan, the Director will
			 notify the owner or operator in writing that the owner or operator is no longer
			 required by this section to maintain financial assurance for final closure of
			 the facility, unless the Director has reason to believe that final closure has
			 not been completed in accordance with the approved closure plan. The Director
			 shall provide the owner or operator with a detailed written statement of any
			 such reasons to believe that closure has not been conducted in accordance with
			 the approved closure plan.
§
			 267.144
-267.146 [Reserved]
§ 267.147
Liability
			 requirements.
(a) Coverage for sudden
			 accidental occurrences. An owner or operator of a hazardous waste treatment or
			 storage facility, or a group of such facilities, must demonstrate financial
			 responsibility for bodily injury and property damage to third parties caused by
			 sudden accidental occurrences arising from operations of the facility or group
			 of facilities. The owner or operator must have and maintain liability coverage
			 for sudden accidental occurrences in the amount of at least $1 million per
			 occurrence with an annual aggregate of at least $2 million, exclusive of legal
			 defense costs. This liability coverage may be demonstrated as specified in
			 paragraphs (a)(1) through (a)(7) of this section:
(1) Trust fund for liability coverage. An
			 owner or operator may meet the requirements of this section by obtaining a
			 trust fund for liability coverage as specified in
			 40 CFR
			 264.147(j).
(2) Surety bond for liability coverage. An
			 owner or operator may meet the requirements of this section by obtaining a
			 surety bond for liability coverage as specified in
			 40 CFR
			 264.147(i).
(3) Letter of credit for liability coverage.
			 An owner or operator may meet the requirements of this section by obtaining a
			 letter of credit for liability coverage as specified in
			 40 CFR
			 264.147(h).
(4) Insurance for liability coverage. An
			 owner or operator may meet the requirements of this section by obtaining
			 liability insurance as specified in
			 40 CFR
			 264.147(a)(1).
(5) Financial test for liability coverage. An
			 owner or operator may meet the requirements of this section by passing a
			 financial test as specified in paragraph (f) of this section.
(6) Guarantee for liability coverage. An
			 owner or operator may meet the requirements of this section by obtaining a
			 guarantee as specified in paragraph (g) of this section.
(7) Combination of mechanisms. An owner or
			 operator may demonstrate the required liability coverage through the use of
			 combinations of mechanisms as allowed by
			 40 CFR
			 264.147(a)(6).
(8) An owner or operator shall notify the
			 Director in writing within 30 days whenever:
(i) A claim results in a reduction in the
			 amount of financial assurance for liability coverage provided by a financial
			 instrument authorized in paragraphs (a)(1) through (a)(7) of this section;
			 or
(ii) A Certification of Valid
			 Claim for bodily injury or property damages caused by a sudden accidental
			 occurrence arising from the operation of a hazardous waste treatment, storage,
			 or disposal facility is entered between the owner or operator and third-party
			 claimant for liability coverage under paragraphs (a)(1) through (a)(7) of this
			 section; or
(iii) A final court
			 order establishing a judgment for bodily injury or property damage caused by a
			 sudden accidental occurrence arising from the operation of a hazardous waste
			 treatment, storage, or disposal facility is issued against the owner or
			 operator or an instrument that is providing financial assurance for liability
			 coverage under paragraphs (a)(1) through (a)(7) of this section.
(b) -(d)
			 [Reserved]
(e) Period of coverage.
			 Within 60 days after receiving certifications from the owner or operator and an
			 independent Arkansas-registered professional engineer that final closure has
			 been completed in accordance with the approved closure plan, the Director will
			 notify the owner or operator in writing that he is no longer required by this
			 section to maintain liability coverage from that facility, unless the Director
			 has reason to believe that closure has not been in accordance with the approved
			 closure plan.
(f) Financial test
			 for Liability Coverage. An owner or operator that satisfies the requirements of
			 this paragraph (f) may demonstrate financial assurance for liability up to the
			 amount specified in this paragraph (f):
(1)
			 Financial component.
(i) If using the
			 financial test for only liability coverage, the owner or operator must have
			 tangible net worth greater than the sum of the liability coverage to be
			 demonstrated by this test plus $10 million.
(ii) The owner or operator must have assets
			 located in the United States amounting to at least the amount of liability
			 covered by this financial test.
(iii) An owner or operator who is
			 demonstrating coverage for liability and any other environmental obligations,
			 including closure under § 267.143(f), through a financial test must meet
			 the requirements of § 267.143(f).
(2) Recordkeeping and reporting requirements.
(i) The owner or operator must submit the
			 following items to the Director:
(A) A letter
			 signed by the owner's or operator's chief financial officer that provides
			 evidence demonstrating that the firm meets the conditions of paragraphs
			 (f)(1)(i) and (f)(1)(ii) of this section. If the firm is providing only
			 liability coverage through a financial test for a facility or facilities with a
			 permit under § 267, the letter should use the wording in §
			 267.151(b). If the firm is providing only liability coverage through a
			 financial test for facilities regulated under part 267 and also Section 264 or
			 Section 265, it should use the letter in § 264.151(g). If the firm is
			 providing liability coverage through a financial test for a facility or
			 facilities with a permit under § 267, and it assures closure costs or any
			 other environmental obligations through a financial test, it must use the
			 letter in § 267.151(a) for the facilities issued a permit under §
			 267.
(B) A copy of the independent
			 certified public accountant's unqualified opinion of the owner's or operator's
			 financial statements for the latest completed fiscal year. To be eligible to
			 use the financial test, the owner's or operator's financial statements must
			 receive an unqualified opinion from the independent certified public
			 accountant. An adverse opinion, disclaimer of opinion, or other qualified
			 opinion will be cause for disallowance, with the potential exception for
			 qualified opinions provided in the next sentence. The Director may evaluate
			 qualified opinions on a case-by-case basis and allow use of the financial test
			 in cases where the Director deems that the matters which form the basis for the
			 qualification are insufficient to warrant disallowance of the test. If the
			 Director does not allow use of the test, the owner or operator must provide
			 alternate financial assurance that meets the requirements of this section
			 (§ 267.147) within 30 days after the notification of
			 disallowance.
(C) If the chief
			 financial officer's letter providing evidence of financial assurance includes
			 financial data showing that the owner or operator satisfies paragraphs
			 (f)(1)(i) and (ii) of this section that are different from data in the audited
			 financial statements referred to in paragraph (f)(2)(i)(B) of this section or
			 any other audited financial statement or data filed with the SEC, then a
			 special report from the owner's or operator's independent certified public
			 accountant to the owner or operator is required. The special report shall be
			 based upon an agreed upon procedures engagement in accordance with professional
			 auditing standards and shall describe the procedures performed in comparing the
			 data in the chief financial officer's letter derived from the independently
			 audited, year-end financial statements for the latest fiscal year with the
			 amounts in such financial statements, the findings of that comparison, and the
			 reasons for any differences.
(ii) The owner or operator of a new facility
			 must submit the items specified in paragraph (f)(2)(i) of this section to the
			 Director at least 60 days before placing waste in the facility.
(iii) After the initial submission of items
			 specified in paragraph (f)(2)(i) of this section, the owner or operator must
			 send updated information to the Director within 90 days following the close of
			 the owner or operator's fiscal year. The Director may provide up to an
			 additional 45 days for an owner or operator who can demonstrate that 90 days is
			 insufficient time to acquire audited financial statements. The updated
			 information must consist of all items specified in paragraph (f)(2)(i) of this
			 section.
(iv) The owner or operator
			 is no longer required to submit the items specified in this paragraph (f)(2) or
			 comply with the requirements of this paragraph (f) when:
(A) The owner or operator substitutes
			 alternate financial assurance as specified in this section that is not subject
			 to these recordkeeping and reporting requirements; or
(B) The Director releases the owner or
			 operator from the requirements of this section in accordance with paragraph (j)
			 of this section.
(v) An
			 owner or operator who no longer meets the requirements of paragraph (f)(1) of
			 this section cannot use the financial test to demonstrate financial assurance.
			 An owner or operator who no longer meets the requirements of paragraph (f)(1)
			 of this section, must:
(A) Send notice to the
			 Director of intent to establish alternate financial assurance as specified in
			 this section. The owner or operator must send this notice by certified mail
			 within 90 days following the close of the owner or operator's fiscal year for
			 which the year-end financial data show that the owner or operator no longer
			 meets the requirements of this section.
(B) Provide alternative financial within 120
			 days after the end of such fiscal year. (vi) The Director may, based on a
			 reasonable belief that the owner or operator may no longer meet the
			 requirements of paragraph (f)(1) of this section, require at any time the owner
			 or operator to provide reports of its financial condition in addition to or
			 including current financial test documentation as specified in paragraph (f)(2)
			 of this section. If the Director finds that the owner or operator no longer
			 meets the requirements of paragraph (f)(1) of this section, the owner or
			 operator must provide alternate financial assurance that meets the requirements
			 of this section.
(g) Guarantee for liability coverage.
(1) Subject to paragraph (g)(2) of this
			 section, an owner or operator may meet the requirements of this section by
			 obtaining a written guarantee, hereinafter referred to as "guarantee." The
			 guarantor must be the direct or higher-tier parent corporation of the owner or
			 operator, a firm whose parent corporation is also the parent corporation of the
			 owner or operator, or a firm with a "substantial business relationship" with
			 the owner or operator. The guarantor must meet the requirements for owners or
			 operators in paragraphs (f)(1) through (f)(3) of this section. The wording of
			 the guarantee must be identical to the wording specified in
			 40 CFR
			 264.151(h)(2). A certified
			 copy of the guarantee must accompany the items sent to the Director as
			 specified in paragraph (f)(2) of this section. One of these items must be the
			 letter from the guarantor's chief financial officer. If the guarantor's parent
			 corporation is also the parent corporation of the owner or operator, this
			 letter must describe the value received in consideration of the guarantee. If
			 the guarantor is a firm with a "substantial business relationship" with the
			 owner or operator, this letter must describe this "substantial business
			 relationship" and the value received in consideration of the guarantee.
(i) If the owner or operator fails to satisfy
			 a judgment based on a determination of liability for bodily injury or property
			 damage to third parties caused by sudden accidental occurrences arising from
			 the operation guarantee, or fails to pay an amount agreed to in settlement of
			 claims arising from or alleged to arise from such injury or damage, the
			 guarantor will do so up to the limits of coverage.
(ii) [Reserved]
(2)
(i) In
			 the case of corporations incorporated in the United States, a guarantee may be
			 used to satisfy the requirements of this section only if the Attorneys General
			 or Insurance Commissioners of the State in which the guarantor is incorporated,
			 and each State in which a facility covered by the guarantee is located, have
			 submitted a written statement to EPA that a guarantee executed as described in
			 this section and § 264.151(h)(2) is a legally valid and enforceable
			 obligation in that State.
(ii) In
			 the case of corporations incorporated outside the United States, a guarantee
			 may be used to satisfy the requirements of this section only if:
(A) The non-U.S. corporation has identified a
			 registered agent for service of process in each State in which a facility
			 covered by the guarantee is located and in the State in which it has its
			 principal place of business; and
(B) The Attorney General or Insurance
			 Commissioner of each State in which a facility covered by the guarantee is
			 located and the State in which the guarantor corporation has its principal
			 place of business, has submitted a written statement to EPA that a guarantee
			 executed as described in this section and § 264.151(h)(2) is a legally
			 valid and enforceable obligation in that State.
§
			 267.148
Incapacity of owners or operators, guarantors, or
			 financial institutions
(a) An owner or
			 operator must notify the Director by certified mail of the commencement of a
			 voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
			 naming the owner or operator as debtor, within 10 days after commencement of
			 the proceeding. A guarantor of a corporate guarantee as specified in
			 §§ 267.143(g) and 267.147 (g) must make such a notification if he is
			 named as debtor, as required under the terms of the corporate guarantee (§
			 264.151(h)).
(b) An owner or
			 operator who fulfills the requirements of § 267.143 or § 267.147 by
			 obtaining a trust fund, surety bond, letter of credit, or insurance policy will
			 be deemed to be without the required financial assurance or liability coverage
			 in the event of bankruptcy of the trustee or issuing institution, or a
			 suspension or revocation of the authority of the trustee institution to act as
			 trustee or of the institution issuing the surety bond, letter of credit, or
			 insurance policy to issue such instruments. The owner or operator must
			 establish other financial assurance or liability coverage within 60 days after
			 such an event.
§
			 267.149
[Reserved]
§ 267.150
State assumption of
			 responsibility
(a) If a State either
			 assumes legal responsibility for an owner's or operator's compliance with the
			 closure care or liability requirements of this section or assures that funds
			 will be available from State sources to cover those requirements, the owner or
			 operator will be in compliance with the requirements of § 267.143 or
			 § 267.147 if the Director determines that the State's assumption of
			 responsibility is at least equivalent to the financial mechanisms specified in
			 this subsection. The Director will evaluate the equivalency of State guarantees
			 principally in terms of: Certainty of the availability of funds for the
			 required closure care activities or liability coverage; and the amount of funds
			 that will be made available. The Director may also consider other factors as he
			 deems appropriate. The owner or operator must submit to the Director a letter
			 from the State describing the nature of the State's assumption of
			 responsibility together with a letter from the owner or operator requesting
			 that the State's assumption of responsibility be considered acceptable for
			 meeting the requirements of this subsection. The letter from the State must
			 include, or have attached to it, the following information: The facility's EPA
			 Identification Number, name, and address, and the amount of funds for closure
			 care or liability coverage that are guaranteed by the State. The Director will
			 notify the owner or operator of his determination regarding the acceptability
			 of the State's guarantee in lieu of financial mechanisms specified in this
			 subsection. The Director may require the owner or operator to submit additional
			 information as is deemed necessary to make this determination. Pending this
			 determination, the owner or operator will be deemed to be in compliance with
			 the requirements of § 267.143 or § 267.147, as applicable.
(b) If a State's assumption of responsibility
			 is found acceptable as specified in paragraph (a) of this section except for
			 the amount of funds available, the owner or operator may satisfy the
			 requirements of this subsection by use of both the State's assurance and
			 additional financial mechanisms as specified in this subsection. The amount of
			 funds available through the State and Federal mechanisms must at least equal
			 the amount required by this subsection.
§ 267.151
Wording of the
			 instruments
(a) The chief financial
			 officer of an owner or operator of a facility with a standardized permit who
			 uses a financial test to demonstrate financial assurance for that facility must
			 complete a letter as specified in § 267.143(f) of this Rule. The letter
			 must be worded as follows, except that instructions in brackets are to be
			 replaced with the relevant information and the brackets deleted:
I am the chief financial officer of [name and address of firm].
				This letter is in support of this firm's use of the financial test to
				demonstrate financial assurance for closure costs, as specified in [insert
				"subsection H of Rule No. 23 § 267" or the citation to the corresponding
				state rule]. This firm qualifies for the financial test on the basis of having
				[insert "a current rating for its senior unsecured debt of AAA, AA, A, or BBB
				as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's" or
				"a ratio of less than 1.50 comparing total liabilities to net worth" or "a
				ratio of greater than 0.10 comparing the sum of net income plus depreciation,
				depletion and amortization, minus $10 million, to total liabilities."]
This firm [insert "is required" or "is not required"] to file a
				Form 10K with the Securities and Exchange Commission (SEC) for the latest
				fiscal year.
The fiscal year of this firm ends on [month, day]. The figures
				for the following items marked with an asterisk are derived from this firm's
				independently audited, year-end financial statements for the latest completed
				fiscal year, ended [date].
[If this firm qualifies on the basis of its bond rating fill in
				the requested information: "This firm has a rating of its senior unsecured debt
				of'"[insert the bond rating] "from" [insert "Standard and Poor's" or
				"Moody's"].
Complete Line 1. Total Liabilities below and then skip the
				remaining questions in the next section and resume completing the form at the
				section entitled Obligations Covered by a Financial Test or Corporate
				Guarantee.]
[If this firm qualifies for the financial test on the basis of
				its ratio of liabilities to net worth, or sum of income, depreciation,
				depletion, and amortization to net worth, please complete the following
				section.]
* 1. Total Liabilities
			 ....... $ _____
* 2. Net Worth
			 ................ $ _____
* 3. Net
			 Income .............. $ _____
* 4.
			 Depreciation ............ $ _____
*
			 5. Depletion (if applicable)
			 .......................... $ _____
*
			 6. Amortization ............ $ ______
* 7. Sum of Lines 3., 4., 5. & 6
			 .......................... $ _____
[If the above figures are taken directly from the most recent
				audited financial statements for this firm insert ''The above figures are taken
				directly from the most recent audited financial statements for this firm.'' If
				they are not, insert ''The following items are not taken directly from the
				firms most recent audited financial statements'' [insert the numbers of the
				items and attach an explanation of how they were derived.]
[Complete the following calculations]
8. Line 1. ??Line 2. = ..... _____
9. Line 7. ??Line 1. = ..... ______
Is Line 8. less than 1.5? __Yes ___No
Is Line 9 greater than 0.10? .......................... __Yes
				___No
[If you did not answer Yes to either of these two questions,
				you cannot use the financial test and need not complete this letter. Instead,
				you must notify the permitting authority for the facility that you intend to
				establish alternate financial assurance as specified in
				40 CFR
				267.143. The owner or operator must send this
				notice by certified mail within 90 days following the close of the owner or
				operator's fiscal year for which the year-end financial data show that the
				owner or operator no longer meets the requirements of this section. The owner
				or operator must also provide alternative financial assurance within 120 days
				after the end of such fiscal year.]
Obligations Covered by a Financial Test or Corporate
				Guarantee
[On the following lines list all obligations that are covered
				by a financial test or a corporate guarantee extended by your firm. You may add
				additional lines and leave blank entries that do not apply to your
				situation.]
Hazardous Waste Facility Name and ID State Closure Post-Closure
				Corrective Action
Hazardous Waste Third Party Liability $
Municipal Waste Facilities State Closure Post-Closure
				Corrective Action
Underground Injection Control State Plugging Action
Petroleum Underground Storage Tanks
PCB Storage Facility Name and ID State Closure
Any financial assurance required under, or as part of an action
				undertaken under, the Comprehensive Environmental Response, Compensation, and
				Liability Act. Site name State Amount _______________ ____ $ _______
Any other environmental obligations that are assured through a
				financial test.
Name Amount
________ $ _____ l
*
			 10. Total of all amounts $ _____
*
			 11. Line 10 + $10,000,000 = $ _____
* 12. Total Assets $ _____
* 13. Intangible Assets $ _____
* 14. Tangible Assets (Line 12.¥Line 13)
			 $ _____
* 15. Tangible Net Worth
			 (Line 14.¥Line 1.) $ ______
*
			 16. Assets in the United States $ _____
Is Line 15 greater than Line 11? ___Yes ___No Is Line 16 no
				less than Line 10? ___Yes ___No
[You must be able to answer Yes to both these questions to use
				the financial test for this facility.]
I hereby certify that the wording of this letter is identical
				to the wording specified in
				40 CFR
				267.151 as such regulations were constituted
				on the date shown immediately below.
[Signature] _______________
[Name] __________________
[Title] ___________________
[Date] ___________________
[After completion, a signed copy of the form must be sent to
				the permitting authority of the state or territory where the facility is
				located. In addition, a signed copy must be sent to every authority who (1)
				requires a demonstration through a financial test for each of the other
				obligations in the letter that are assured through a financial test, or (2)
				accepts a guarantee for an obligation listed in this letter.]
(b) The chief financial officer of
			 an owner or operator of a facility with a standardized permit who use a
			 financial test to demonstrate financial assurance only for third party
			 liability for that (or other standardized permit) facility(ies) must complete a
			 letter as specified in Section 267.147(f) of this Rule. The letter must be
			 worded as follows, except that instructions in brackets are to be replaced with
			 the relevant information and the brackets deleted:
I am the chief financial officer of [name and address of firm].
				This letter is in support of this firm's use of the financial test to
				demonstrate financial assurance for third party liability, as specified in
				[insert ''subsection H of 40 CFR section 267 '' or the citation to the
				corresponding state rules]. This firm qualifies for the financial test on the
				basis of having tangible net worth of at least $10 million more than the amount
				of liability coverage and assets in the United States of at least the amount of
				liability coverage.
This firm [insert ''is required'' or ''is not required''] to
				file a Form 10K with the Securities and Exchange Commission (SEC) for the
				latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures
				for the following items marked with an asterisk are derived from this firm's
				independently audited, year-end financial statements for the latest completed
				fiscal year, ended [date].
[Please complete the following section.]
*
			 1. Total Assets ............. $ ______
* 2. Intangible Assets ..... $
			 ______
* 3. Tangible Assets (Line
			 1¥Line 2) ......... $ _____
*
			 4. Total Liabilities ....... $ ______
5. Tangible Net Worth (Line 3¥Line 4)
			 ......... $ ______
* 6. Assets in
			 the United States .......................... $ ______
7. Amount of liability coverage
			 ...................... $ _____
Is Line 5 At least $10 million greater than Line 7?
				............ ___Yes ___No
Is Line 6 at least equal to Line 7? .................... ___Yes
				___No
[You must be able to answer Yes to both these questions to use
				the financial test for this facility.]
I hereby certify that the wording of this letter is identical
				to the wording specified in
				40 CFR
				267.151 as such regulations were constituted
				on the date shown immediately below.
[Signature] __________________
[Name] _____________________
[Title] ______________________
[Date] _______________________
[After completion, a signed copy of the form must be sent to
				the permitting authority of the state or territory where the facility(ies)
				is(are) located.]
Subsection I
-Use and Management of
			 Containers
§ 267.170
Does
			 this subsection apply to me?
This subsection applies to you if you own or operate a facility
				that treats or stores hazardous waste in containers under a 40 CFR section 270
				subsection J standardized permit, except as provided in § 267.1(b).
§ 267.171
What
			 standards apply to the containers?
Standards apply to the condition of the containers, to the
				compatibility of waste with the containers, and to the management of the
				containers.
(a) Condition of
			 containers. If a container holding hazardous waste is not in good condition
			 (for example, it exhibits severe rusting or apparent structural defects) or if
			 it begins to leak, you must either:
(1)
			 Transfer the hazardous waste from this container to a container that is in good
			 condition; or
(2) Manage the waste
			 in some other way that complies with the requirements of this
			 section.
(b)
			 Compatibility of waste with containers. To ensure that the ability of the
			 container to contain the waste is not impaired, you must use a container made
			 of or lined with materials that are compatible and will not react with the
			 hazardous waste to be stored.
(c)
			 Management of containers.
(1) You must always
			 keep a container holding hazardous waste closed during storage, except when you
			 add or remove waste.
(2) You must
			 never open, handle, or store a container holding hazardous waste in a manner
			 that may rupture the container or cause it to leak.
§ 267.172
What are the
			 inspection requirements?
At least weekly, you must inspect areas where you store
				containers, looking for leaking containers and for deterioration of containers
				and the containment system caused by corrosion or other factors.
§ 267.173
What
			 standards apply to the container storage areas?
(a) You must design and operate a containment
			 system for your container storage areas according to the requirements in
			 paragraph (b) of this section, except as otherwise provided by paragraph (c) of
			 this section.
(b) The design and
			 operating requirements for a containment system are:
(1) A base must underlie the containers that
			 is free of cracks or gaps and is sufficiently impervious to contain leaks,
			 spills, and accumulated precipitation until the collected material is detected
			 and removed.
(2) The base must be
			 sloped or the containment system, must be otherwise designed and operated to
			 drain and remove liquids resulting from leaks, spills, or precipitation, unless
			 the containers are elevated or are otherwise protected from contact with
			 accumulated liquids.
(3) The
			 containment system must have sufficient capacity to contain 10% of the volume
			 of containers, or the volume of the largest container, whichever is greater.
			 This requirement does not apply to containers that do not contain free
			 liquids.
(4) You must prevent
			 run-on into the containment system unless the collection system has sufficient
			 excess capacity, in addition to that required in paragraph (b)(3) of this
			 section, to contain the liquid.
(5)
			 You must remove any spilled or leaked waste and accumulated precipitation from
			 the sump or collection area as promptly as is necessary to prevent overflow of
			 the collection system.
(c) Except as provided in paragraph (d) of
			 this section, you do not need a containment system as defined in paragraph (b)
			 of this section for storage areas that store containers holding only wastes
			 with no free liquids, if:
(1) The storage
			 area is sloped or is otherwise designed and operated to drain and remove liquid
			 resulting from precipitation; or
(2) The containers are elevated or are
			 otherwise protected from contact with accumulated liquid.
(d) You must have a containment system
			 defined by paragraph (b) of this section for storage areas that store
			 containers holding F020, F021, F022, F023, F026, and F027 wastes, even if the
			 wastes do not contain free liquids.
§ 267.174
What special
			 requirements must I meet for ignitable or reactive waste?
You must locate containers holding ignitable or reactive waste
				at least 15 meters (50 feet) from your facility property line. You must also
				follow the general requirements for ignitable or reactive wastes that are
				specified in § 267.17(a).
§
			 267.175
What special requirements must I meet for
			 incompatible wastes?
(a) You must not
			 place incompatible wastes, or incompatible wastes and materials (see appendix V
			 to Section 264 for examples), in the same container, unless you comply with
			 § 267.17(b).
(b) You must not
			 place hazardous waste in an unwashed container that previously held an
			 incompatible waste or material.
(c)
			 You must separate a storage container holding a hazardous waste that is
			 incompatible with any waste or with other materials stored nearby in other
			 containers, piles, open tanks, or surface impoundments from the other
			 materials, or protect the containers by means of a dike, berm, wall, or other
			 device.
§ 267.176
What must I do when I want to stop using the containers?
You must remove all hazardous waste and hazardous waste
				residues from the containment system. You must decontaminate or remove
				remaining containers, liners, bases, and soil containing, or contaminated with,
				hazardous waste or hazardous waste residues.
§ 267.177
What air emission
			 standards apply?
You must manage all hazardous waste placed in a container
				according to the requirements of subsections AA, BB, and CC of Section 264 of
				this rule. Under a standardized permit, the following control devices are
				permissible: Thermal vapor incinerator, catalytic vapor incinerator, flame,
				boiler, process heater, condenser, and carbon absorption unit.
Subsection J
-Tank
			 Systems
§ 267.190
Does this
			 subsection apply to me?
This subsection applies to you if you own or operate a facility
				that treats or stores hazardous waste in above-ground or on-ground tanks under
				a Section 270 subsection J standardized permit, except as provided in §
				267.1(b).
(a) You do not have to meet
			 the secondary containment requirements in § 267.195 if your tank systems
			 do not contain free liquids and are situated inside a building with an
			 impermeable floor. You must demonstrate the absence or presence of free liquids
			 in the stored/treated waste, using Method 9095B (Paint Filter Liquids Test) as
			 described in ''Test Methods for Evaluating Solid Waste, Physical/Chemical
			 Methods,'' EPA Publication SW-846, as incorporated by reference in §
			 260.11 of this rule.
(b) You do not
			 have to meet the secondary containment requirements of § 267.195(a) if
			 your tank system, including sumps, as defined in § 260.10 of this rule, is
			 part of a secondary containment system to collect or contain releases of
			 hazardous wastes.
§
			 267.191
What are the required design and construction
			 standards for new tank systems or components?
You must ensure that the foundation, structural support, seams,
				connections, and pressure controls (if applicable) are adequately designed and
				that the tank system has sufficient structural strength, compatibility with the
				waste(s) to be stored or treated, and corrosion protection to ensure that it
				will not collapse, rupture, or fail. You must obtain a written assessment,
				reviewed and certified by an independent, qualified Arkansas-registered
				professional engineer, following § 270.11(d) of this rule, attesting that
				the tank system has sufficient structural integrity and is acceptable for the
				storing and treating of hazardous waste. This assessment must include, at a
				minimum, the following information:
(a) Design standard(s) for the construction
			 of tank(s) and/or the ancillary equipment.
(b) Hazardous characteristics of the waste(s)
			 to be handled.
(c) For new tank
			 systems or components in which the external shell of a metal tank or any
			 external metal component of the tank system will be in contact with the soil or
			 with water, a determination by a corrosion expert of:
(1) Factors affecting the potential for
			 corrosion, such as:
(i) Soil moisture content.
(ii) Soil pH.
(iii) Soil sulfides level.
(iv) Soil resistivity.
(v) Structure to soil potential.
(vi) Existence of stray electric current.
(vii) Existing corrosion-protection
			 measures (for example, coating, cathodic protection).
(2) The type and degree of external corrosion
			 protection needed to ensure the integrity of the tank system during the use of
			 the tank system or component, consisting of one or more of the following:
(i) Corrosion-resistant materials of
			 construction such as special alloys, fiberglass reinforced plastic,
			 etc.
(ii) Corrosion-resistant
			 coating (such as epoxy, fiberglass, etc.) with cathodic protection (for
			 example, impressed current or sacrificial anodes) and
(iii) Electrical isolation devices such as
			 insulating joints, flanges, etc.
(d) Design considerations to ensure that:
(1) Tank foundations will maintain the load
			 of a full tank.
(2) Tank systems
			 will be anchored to prevent flotation or dislodgment where the tank system is
			 placed in a saturated zone, or is located within a seismic fault zone subject
			 to the standards of § 267.18(a).
(3) Tank systems will withstand the effects
			 of frost heave.
§
			 267.192
What handling and inspection procedures must I
			 follow during installation of new tank systems?
(a) You must ensure that you follow proper
			 handling procedures to prevent damage to a new tank system during installation.
			 Before placing a new tank system or component in use, an independent, qualified
			 installation inspector or an
independent, qualified,
			 Arkansas-registered professional engineer,
either of whom is trained
			 and experienced in the proper installation of tank systems or components, must
			 inspect the system for the presence of any of the following items:
(1) Weld breaks.
(2) Punctures.
(3) Scrapes of protective coatings.
(4) Cracks.
(5) Corrosion.
(6) Other structural damage or inadequate
			 construction/installation.
(b) You must remedy all discrepancies before
			 the tank system is placed in use.
§ 267.193
What testing must I
			 do?
You must test all new tanks and ancillary equipment for
				tightness before you place them in use. If you find a tank system that is not
				tight, you must perform all repairs necessary to remedy the leak(s) in the
				system before you cover, enclose, or place the tank system into use.
§ 267.194
What
			 installation requirements must I follow?
(a) You must support and protect ancillary
			 equipment against physical damage and excessive stress due to settlement,
			 vibration, expansion, or contraction.
(b) You must provide the type and degree of
			 corrosion protection recommended by an independent corrosion expert, based on
			 the information provided under § 267.191(c), to ensure the integrity of
			 the tank system during use of the tank system. An independent corrosion expert
			 must supervise the installation of a corrosion protection system that is field
			 fabricated to ensure proper installation.
(c) You must obtain, and keep at the
			 facility, written statements by those persons required to certify the design of
			 the tank system and to supervise the installation of the tank system as
			 required in §§ 267.192, 267.193, and paragraphs (a) and (b) of this
			 section. The written statement must attest that the tank system was properly
			 designed and installed and that you made repairs under §§ 267.192 and
			 267.193. These written statements must also include the certification statement
			 as required in § 270.11(d).
§ 267.195
What are the secondary
			 containment requirements?
To prevent the release of hazardous waste or hazardous
				constituents to the environment, you must provide secondary containment that
				meets the requirements of this section for all new and existing tank
				systems.
(a) Secondary containment
			 systems must be:
(1) Designed, installed, and
			 operated to prevent any migration of wastes or accumulated liquid out of the
			 system to the soil, groundwater, or surface water at any time during the use of
			 the tank system; and
(2) Capable of
			 detecting and collecting releases and accumulated liquids until the collected
			 material is removed.
(b)
			 To meet the requirements of paragraph (a) of this section, secondary
			 containment systems must be, at a minimum:
(1)
			 Constructed of or lined with materials that are compatible with the wastes(s)
			 to be placed in the tank system and must have sufficient strength and thickness
			 to prevent failure owing to pressure gradients (including static head and
			 external hydrological forces), physical contact with the waste to which it is
			 exposed, climatic conditions, and the stress of daily operation (including
			 stresses from nearby vehicular traffic).
(2) Placed on a foundation or base capable of
			 providing support to the secondary containment system, resistance to pressure
			 gradients above and below the system, and capable of preventing failure due to
			 settlement, compression, or uplift.
(3) Provided with a leak-detection system
			 that is designed and operated so that it will detect the failure of either the
			 primary or secondary containment structure or the presence of any release of
			 hazardous waste or accumulated liquid in the secondary containment system
			 within 24 hours.
(4) Sloped or
			 otherwise designed or operated to drain and remove liquids resulting from
			 leaks, spills, or precipitation. You must remove spilled or leaked waste and
			 accumulated precipitation from the secondary containment system within 24
			 hours, or as promptly as possible, to prevent harm to human health and the
			 environment.
§
			 267.196
What are the required devices for secondary
			 containment and what are their design, operating and installation
			 requirements?
(a) Secondary containment
			 for tanks must include one or more of the following:
(1) A liner (external to the tank).
(2) A double-walled tank.
(3) An equivalent device; you must maintain
			 documentation of equivalency at the facility.
(b) External liner systems must be:
(1) Designed or operated to contain 100
			 percent of the capacity of the largest tank within its boundary.
(2) Designed or operated to prevent run-on or
			 infiltration of precipitation into the secondary containment system unless the
			 collection system has sufficient excess capacity to contain run-on or
			 infiltration. The additional capacity must be sufficient to contain
			 precipitation from a 25 -year, 24-hour rainfall event.
(3) Free of cracks or gaps.
(4) Designed and installed to surround the
			 tank completely and to cover all surrounding earth likely to come into contact
			 with the waste if the waste is released from the tank(s) (that is, capable of
			 preventing lateral as well as vertical migration of the waste).
(c) Double-walled tanks must be:
(1) Designed as an integral structure (that
			 is, an inner tank completely enveloped within an outer shell) so that any
			 release from the inner tank is contained by the outer shell.
(2) Protected, if constructed of metal, from
			 both corrosion of the primary tank interior and of the external surface of the
			 outer shell.
(3) Provided with a
			 built-in continuous leak detection system capable of detecting a release within
			 24 hours.
§
			 267.197
What are the requirements for ancillary
			 equipment?
You must provide ancillary equipment with secondary containment
				(for example, trench, jacketing, double walled piping) that meets the
				requirements of § 267.195 (a) and (b), except for:
(a) Above ground piping (exclusive of
			 flanges, joints, valves, and other connections) that are visually inspected for
			 leaks on a daily basis;
(b) Welded
			 flanges, welded joints, and welded connections, that are visually inspected for
			 leaks on a daily basis;
(c)
			 Sealless or magnetic coupling pumps and sealless valves, that are visually
			 inspected for leaks on a daily basis; and
(d) Pressurized above ground piping systems
			 with automatic shut-off devices (for example, excess flow check valves, flow
			 metering shutdown devices, loss of pressure actuated shut-off devices) that are
			 visually inspected for leaks on a daily basis.
§ 267.198
What are the general
			 operating requirements for my tank systems?
(a) You must not place hazardous wastes or
			 treatment reagents in a tank system if they could cause the tank, its ancillary
			 equipment, or the containment system to rupture, leak, corrode, or otherwise
			 fail.
(b) You must use appropriate
			 controls and practices to prevent spills and overflows from tank or containment
			 systems. These include, at a minimum:
(1)
			 Spill prevention controls (for example, check valves, dry disconnect
			 couplings).
(2) Overfill prevention
			 controls (for example, level sensing devices, high level alarms, automatic feed
			 cutoff, or bypass to a standby tank).
(3) Sufficient freeboard in uncovered tanks
			 to prevent overtopping by wave or wind action or by precipitation.
(c) You must comply with the
			 requirements of § 267.200 if a leak or spill occurs in the tank
			 system.
§ 267.199
What inspection requirements must I meet?
You must comply with the following requirements for scheduling,
				conducting, and documenting inspections.
(a) Develop and follow a schedule and
			 procedure for inspecting overfill controls.
(b) Inspect at least once each operating day:
(1) Aboveground portions of the tank system
			 to detect corrosion or releases of waste.
(2) Data gathered from monitoring and leak
			 detection equipment (for example, pressure or temperature gauges, monitoring
			 wells) to ensure that the tank system is being operated according to its
			 design.
(3) The construction
			 materials and the area immediately surrounding the externally accessible
			 portion of the tank system, including the secondary containment system (for
			 example, dikes) to detect erosion or signs of releases of hazardous waste (for
			 example, wet spots, dead vegetation).
(c) Inspect cathodic protection systems, if
			 present, according to, at a minimum, the following schedule to ensure that they
			 are functioning properly:
(1) Confirm that the
			 cathodic protection system is operating properly within six months after
			 initial installation and annually thereafter.
(2) Inspect and/or test all sources of
			 impressed current, as appropriate, at least every other month.
(d) Document, in the operating
			 record of the facility, an inspection of those items in paragraphs (a) through
			 (c) of this section.
§
			 267.200
What must I do in case of a leak or a spill?
If there has been a leak or a spill from a tank system or
				secondary containment system, or if either system is unfit for use, you must
				remove the system from service immediately, and you must satisfy the following
				requirements:
(a) Immediately stop the
			 flow of hazardous waste into the tank system or secondary containment system
			 and inspect the system to determine the cause of the release.
(b) Remove the waste from the tank system or
			 secondary containment system.
(1) If the
			 release was from the tank system, you must, within 24 hours after detecting the
			 leak, remove as much of the waste as is necessary to prevent further release of
			 hazardous waste to the environment and to allow inspection and repair of the
			 tank system to be performed.
(2) If
			 the material released was to a secondary containment system, you must remove
			 all released materials within 24 hours or as quickly as possible to prevent
			 harm to human health and the environment.
(c) Immediately conduct a visual inspection
			 of the release and, based upon that inspection:
(1) Prevent further migration of the leak or
			 spill to soils or surface water.
(2) Remove, and properly dispose of, any
			 visible contamination of the soil or surface water.
(d) Report any release to the environment,
			 except as provided in paragraph (d)(1) of this section, to the Director within
			 24 hours of its detection. If you have reported the release pursuant to 40 CFR
			 part 302, that report will satisfy this requirement.
(1) You need not report on a leak or spill of
			 hazardous waste if it is:
(i) Less than or
			 equal to a quantity of one (1) pound; and
(ii) Immediately contained and cleaned up.
			 (2) Within 30 days of detection of a release to the environment, you must
			 submit a report to the Director containing the following information:
(i) The likely route of migration of the
			 release.
(ii) The characteristics
			 of the surrounding soil (soil composition, geology, hydrogeology,
			 climate).
(iii) The results of any
			 monitoring or sampling conducted in connection with the release (if available).
			 If sampling or monitoring data relating to the release are not available within
			 30 days, you must submit these data to the Director as soon as they become
			 available.
(iv) The proximity to
			 down gradient drinking water, surface water, and populated areas.
(v) A description of response actions taken
			 or planned.
(e) Either close the system or make necessary
			 repairs.
(1) Unless you satisfy the
			 requirements of paragraphs (e)(2) and (3) of this section, you must close the
			 tank system according to § 267.201.
(2) If the cause of the release was a spill
			 that has not damaged the integrity of the system, you may return the system to
			 service as soon as you remove the released waste and make any necessary
			 repairs.
(3) If the cause of the
			 release was a leak from the primary tank system into the secondary containment
			 system, you must repair the system before returning the tank system to
			 service.
(f) If you have
			 made extensive repairs to a tank system in accordance with paragraph (e) of
			 this section (for example, installation of an internal liner; repair of a
			 ruptured primary containment or secondary containment vessel), you may not
			 return the tank system to service unless the repair is certified by an
independent, qualified, Arkansas-registered, professional engineer
in
			 accordance with § 270.11(d).
(1) The
			 engineer must certify that the repaired system is capable of handling hazardous
			 wastes without release for the intended life of the system.
(2) You must submit this certification to the
			 Director within seven days after returning the tank system to use.
§ 267.201
What must I do when I stop operating the tank system?
When you close a tank system, you must remove or decontaminate
				all waste residues, contaminated containment system components (liners, etc.),
				contaminated soils, and structures and equipment contaminated with waste, and
				manage them as hazardous waste, unless
				40 CFR
				261.3(d) applies. The
				closure plan, closure activities, cost estimates for closure, and financial
				responsibility for tank systems must meet all of the requirements specified in
				subsections G and H of this section.
§ 267.202
What special
			 requirements must I meet for ignitable or reactive wastes?
(a) You may not place ignitable or reactive
			 waste in tank systems, unless:
(1) You treat,
			 render, or mix the waste before or immediately after placement in the tank
			 system so that:
(i) You comply with §
			 267.17(b); and
(ii) The resulting
			 waste, mixture, or dissolved material no longer meets the definition of
			 ignitable or reactive waste under § 261.21 or § 261.23 of this Rule;
			 or
(2) You store or
			 treat the waste in such a way that it is protected from any material or
			 conditions that may cause the waste to ignite or react; or
(3) You use the tank system solely for
			 emergencies.
(b) If you
			 store or treat ignitable or reactive waste in a tank, you must comply with the
			 requirements for the maintenance of protective distances between the waste
			 management area and any public ways, streets, alleys, or an adjoining property
			 line that can be built upon as required in Tables 2-1 through 2-6 of the
			 National Fire Protection Association's ''Flammable and Combustible Liquids
			 Code,'' (1977 or 1981), (incorporated by reference, see §
			 260.11).
§ 267.203
What special requirements must I meet for incompatible wastes?
(a) You may not place incompatible wastes, or
			 incompatible wastes and materials, in the same tank system, unless you comply
			 with § 267.17(b).
(b) You may
			 not place hazardous waste in a tank system that has not been decontaminated and
			 that previously held an incompatible waste or material, unless you comply with
			 § 267.17(b).
§
			 267.204
What air emission standards apply?
You must manage all hazardous waste placed in a tank following
				the requirements of subsections AA, BB, and CC of Section 264 of this Rule.
				Under a standardized permit, the following control devices are permissible:
				Thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, process
				heater, condenser, and carbon absorption unit.
Subsections K
through CC [Reserved]
			 Subsection DD-Containment buildings
§
			 267.1100
Does this subsection apply to me?
This subsection applies to you if you own or operate a facility
				that treats or stores hazardous waste in containment buildings under a Section
				270 subsection J standardized permit, except as provided in § 267.1(b).
				Storage and/or treatment in your containment building is not land disposal as
				defined in § 268.2 if your unit meets the requirements of §§
				267.1101, 267.1102, and 267.1103.
§
			 267.1101
What design and operating standards must my
			 containment building meet?
Your containment building must comply with the design and
				operating standards in this section. The Division will consider standards
				established by professional organizations generally recognized by the industry
				such as the American Concrete Institute (ACI) and the American Society of
				Testing Materials (ASTM) in judging the structural integrity requirements of
				this section.
(a) The containment
			 building must be completely enclosed with a floor, walls, and a roof to prevent
			 exposure to the elements, (e.g., precipitation, wind, run-on), and to assure
			 containment of managed wastes.
(b)
			 The floor and containment walls of the unit, including the secondary
			 containment system, if required under § 267.1103, must be designed and
			 sufficient strength and thickness to:
(1)
			 Support themselves, the waste contents, and any personnel and heavy equipment
			 that operates within the unit.
(2)
			 Prevent failure due to:
(i) Pressure
			 gradients, settlement, compression, or uplift.
(ii) Physical contact with the hazardous
			 wastes to which they are exposed. (iii) Climatic conditions.
(iv) Stresses of daily operation, including
			 the movement of heavy equipment within the unit and contact of such equipment
			 with containment walls. (v) Collapse or other failure.
(c) All surfaces to be in contact
			 with hazardous wastes must be chemically compatible with those
			 wastes.
(d) You must not place
			 incompatible hazardous wastes or treatment reagents in the unit or its
			 secondary containment system if they could cause the unit or secondary
			 containment system to leak, corrode, or otherwise fail.
(e) A containment building must have a
			 primary barrier designed to withstand the movement of personnel, waste, and
			 handling equipment in the unit during the operating life of the unit and
			 appropriate for the physical and chemical characteristics of the waste to be
			 managed.
(f) If appropriate to the
			 nature of the waste management operation to take place in the unit, an
			 exception to the structural strength requirement may be made for light-weight
			 doors and windows that meet these criteria:
(1) They provide an effective barrier against
			 fugitive dust emissions under § 267.1102(d).
(2) The unit is designed and operated in a
			 fashion that assures that wastes will not actually come in contact with these
			 openings.
(g) You must
			 inspect and record in the facility's operating record, at least once every
			 seven days, data gathered from monitoring equipment and leak detection
			 equipment, as well as the containment building and the area immediately
			 surrounding the containment building to detect signs of releases of hazardous
			 waste.
(h) You must obtain
			 certification by a
independent qualified Arkansas-registered
			 professional engineer
that the containment building design meets the
			 requirements of §§ 267.1102, 267.1103, and paragraphs (a) through (f)
			 of this section.
§
			 267.1102
What other requirements must I meet to prevent
			 releases?
You must use controls and practices to ensure containment of
				the hazardous waste within the unit, and must, at a minimum:
(a) Maintain the primary barrier to be free
			 of significant cracks, gaps, corrosion, or other deterioration that could cause
			 hazardous waste to be released from the primary barrier.
(b) Maintain the level of the stored/treated
			 hazardous waste within the containment walls of the unit so that the height of
			 any containment wall is not exceeded.
(c) Take measures to prevent personnel or by
			 equipment used in handling the waste from tracking hazardous waste out of the
			 unit. You must designate an area to decontaminate equipment, and you must
			 collect and properly manage any rinsate.
(d) Take measures to control fugitive dust
			 emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit
			 no visible emissions (see 40 CFR part 60, appendix A, Method 22- Visual
			 Determination of Fugitive Emissions from Material Sources and Smoke Emissions
			 from
Flares). In addition, you must operate and maintain all
				associated particulate collection devices (for example, fabric filter,
				electrostatic precipitator) with sound air pollution control practices. You
				must effectively maintain this state of no visible emissions at all times
				during routine operating and maintenance conditions, including when vehicles
				and personnel are entering and exiting the unit.
§ 267.1103
What additional design
			 and operating standards apply if liquids will be in my containment
			 building?
If your containment building will be used to manage hazardous
				wastes containing free liquids or treated with free liquids, as determined by
				the paint filter test, by a visual examination, or by other appropriate means,
				you must include:
(a) A primary
			 barrier designed and constructed of materials to prevent the migration of
			 hazardous constituents into the barrier (for example, a geomembrane covered by
			 a concrete wear surface).
(b) A
			 liquid collection and removal system to minimize the accumulation of liquid on
			 the primary barrier of the containment building.
(1) The primary barrier must be sloped to
			 drain liquids to the associated collection system; and
(2) You must collect and remove liquids and
			 waste to minimize hydraulic head on the containment system at the earliest
			 practicable time.
(c) A
			 secondary containment system, including a secondary barrier designed and
			 constructed to prevent migration of hazardous constituents into the barrier,
			 and a leak detection system capable of detecting failure of the primary barrier
			 and collecting accumulated hazardous wastes and liquids at the earliest
			 practical time.
(1) You may meet the
			 requirements of the leak detection component of the secondary containment
			 system by installing a system that is, at a minimum:
(i) Constructed with a bottom slope of 1
			 percent or more; and
(ii)
			 Constructed of a granular drainage material with a hydraulic conductivity of 1
			 x10-2  cm/sec or more and a thickness of 12 inches
			 (30.5 cm) or more, or constructed of 2-5 synthetic
			 or geonet drainage materials with a transmissivity of 3x10 m sec or
			 more.
(2) If you will be
			 conducting treatment in the building, you must design the area in which the
			 treatment will be conducted to prevent the release of liquids, wet materials,
			 or liquid aerosols to other portions of the building.
(3) You must construct the secondary
			 containment system using materials that are chemically resistant to the waste
			 and liquids managed in the containment building and of sufficient strength and
			 thickness to prevent collapse under the pressure exerted by overlaying
			 materials and by any equipment used in the containment building.
§ 267.1104
How may I obtain a waiver from secondary containment requirements?
Notwithstanding any other provision of this subsection, the
				Director may waive requirements for secondary containment for a permitted
				containment building where:
(a) You
			 demonstrate that the only free liquids in the unit are limited amounts of dust
			 suppression liquids required to meet occupational health and safety
			 requirements, and
(b) Containment
			 of managed wastes and dust suppression liquids can be assured without a
			 secondary containment system.
§
			 267.1105
What do I do if my containment building contains
			 areas both with and without secondary containment?
For these containment buildings, you must:
(a) Design and operate each area in
			 accordance with the requirements enumerated in §§ 267.1101 through
			 267.1103.
(b) Take measures to
			 prevent the release of liquids or wet materials into areas without secondary
			 containment.
(c) Maintain in the
			 facility's operating log a written description of the operating procedures used
			 to maintain the integrity of areas without secondary containment.
§ 267.1106
What do I do
			 if I detect a release?
Throughout the active life of the containment building, if you
				detect a condition that could lead to or has caused a release of hazardous
				waste, you must repair the condition promptly, in accordance with the following
				procedures.
(a) Upon detection of a
			 condition that has led to a release of hazardous waste (for example, upon
			 detection of leakage from the primary barrier), you must:
(1) Enter a record of the discovery in the
			 facility operating record;
(2)
			 Immediately remove the portion of the containment building affected by the
			 condition from service;
(3)
			 Determine what steps you must take to repair the containment building, to
			 remove any leakage from the secondary collection system, and to establish a
			 schedule for accomplishing the cleanup and repairs; and
(4) Within 7 days after the discovery of the
			 condition, notify the Director of the condition, and within 14 working days,
			 provide a written notice to the Director with a description of the steps taken
			 to repair the containment building, and the schedule for accomplishing the
			 work.
(b) The Director
			 will review the information submitted, make a determination regarding whether
			 the containment building must be removed from service completely or partially
			 until repairs and cleanup are complete, and notify you of the determination and
			 the underlying rationale in writing.
(c) Upon completing all repairs and cleanup,
			 you must notify the Director in writing and provide a verification, signed by a
			 qualified, registered professional engineer, that the repairs and cleanup have
			 been completed according to the written plan submitted in accordance with
			 paragraph (a)(4) of this section.
§ 267.1107 Can a containment building
			 itself be considered secondary containment? Containment buildings can serve as
			 secondary containment systems for tanks placed within the building under
			 certain conditions.
(a) A containment
			 building can serve as an external liner system for a tank, provided it meets
			 the requirements of § 267.196(a).
(b) The containment building must also meet
			 the requirements of § 267.195(a), (b)(1) and (2) to be considered an
			 acceptable secondary containment system for a tank.
§ 267.1107
Can a containment
			 building itself be considered secondary containment?
Containment buildings can serve as secondary containment
				systems for tanks placed within the building under certain conditions.
(a) A containment building can serve as an
			 external liner system for a tank, provided it meets the requirements of
			 §267.196(a).
(b) The
			 containment building must also meet the requirements of § 267.195(a),
			 (b)(1) and (2) to be considered an acceptable secondary containment system for
			 a tank.
§ 267.1108
What must I do when I stop operating the containment building?
When you close a containment building, you must remove or
				decontaminate all waste residues, contaminated containment system components
				(liners, etc.), contaminated subsoils, and structures and equipment
				contaminated with waste and leachate and manage them as hazardous waste unless
				40 CFR
				261.3(d) applies. The
				closure plan, closure activities, cost estimates for closure, and financial
				responsibility for containment buildings must meet all of the requirements
				specified in subsections G and H of this section.
Section 268
-- LAND DISPOSAL RESTRICTIONS
Subsection
			 A
- General
§
			 268.1
Purpose, scope and applicability
(a) This section identifies hazardous wastes
			 that are restricted from land disposal and defines those limited circumstances
			 under which an otherwise prohibited waste may continue to be land
			 disposed.
(b) Except as
			 specifically provided otherwise in this section or Section 261 of this rule,
			 the requirements of this section apply to persons who generate or transport
			 hazardous waste and owners and operators of hazardous waste treatment, storage,
			 and disposal facilities.
(c)
			 Restricted wastes may continue to be land disposed as follows:
(1) Where persons have been granted an
			 extension to the effective date of a prohibition under Subsection C of this
			 section or pursuant to § 268.5, with respect to those wastes covered by
			 the extension;
(2) Where persons
			 have been granted an exemption from a prohibition pursuant to a petition under
			 § 268.6, with respect to those wastes and units covered by the
			 petition;
(3) Wastes that are
			 hazardous only because they exhibit a hazardous characteristic, and which are
			 otherwise prohibited under this Section, or 40 CFR Part 148, are not prohibited
			 if the wastes:
(i) Are disposed into a
			 nonhazardous or hazardous injection well as defined under
			 40 CFR
			 146.6(a); and
(ii) Do not exhibit any prohibited
			 characteristic of hazardous waste identified in 40 CFR 261, subpart C at the
			 point of injection.
(4)
			 Wastes that are hazardous only because they exhibit a hazardous characteristic,
			 and which are otherwise prohibited under this part, are not prohibited if the
			 wastes meet any of the following criteria, unless the wastes are subject to a
			 specified method of treatment other than DEACT in § 268.40, or are D003
			 reactive cyanide:
(i) The wastes are managed
			 in a treatment system which subsequently discharges to waters of the U.S.
			 pursuant to a permit issued under section 402 of the Clean Water Act;
			 or
(ii) The wastes are treated for
			 purposes of the pretreatment requirements of section 307 of the Clean Water
			 Act; or
(iii) The wastes are
			 managed in a zero discharge system engaged in Clean Water Act-equivalent
			 treatment as defined in § 268.37(a); and
(iv) The wastes no longer exhibit a
			 prohibited characteristic at the point of land disposal (i.e., placement in a
			 surface impoundment).
(d) The requirements of this section shall
			 not affect the availability of a waiver under section 121(d)(4) of the federal
			 Comprehensive Environmental Response, Compensation, and Liability Act of 1980
			 (CERCLA).
(e) The following
			 hazardous wastes are not subject to any provision of Section 268:
(1) Waste generated by very small quantity
			 generators, as defined in § 260.10 of this rule;
(2) Waste pesticides that a farmer disposes
			 of pursuant to § 262.70;
(3)
			 Wastes identified or listed as hazardous after November 8, 1984 for which EPA
			 has not promulgated land disposal prohibitions or treatment
			 standards;
(4) De minimis losses of
			 characteristic wastes to wastewaters are not considered to be prohibited wastes
			 and are defined as losses from normal material handling operations (e.g. spills
			 from the unloading or transfer of materials from bins or other containers,
			 leaks from pipes, valves or other devices used to transfer materials); minor
			 leaks of process equipment, storage tanks or containers; leaks from well-
			 maintained pump packings and seals; sample purgings; and relief device
			 discharges; discharges from safety showers and rinsing and cleaning of personal
			 safety equipment; rinsate from empty containers or from containers that are
			 rendered empty by that rinsing; and laboratory wastes not exceeding one per
			 cent of the total flow of wastewater into the facility's headworks on an annual
			 basis, or with a combined annualized average concentration not exceeding one
			 part per million in the headworks of the facility's wastewater treatment or
			 pretreatment facility.
(f) Universal waste handlers and universal
			 waste transporters (as defined in § 260.10) are exempt from § 268.7
			 and 268.50 for the hazardous wastes listed below. These handlers are subject to
			 regulation under § 273.
(1) Batteries as
			 described in § 273.2;
(2)
			 Pesticides as described in § 273.3 of this rule;
(3) Mercury-containing devices as described
			 in § 273.4 of this rule;
(4)
			 Lamps as described in § 273.5 of this rule; and
(5)
Consumer electronic items as
			 described in § 273.6.
§ 268.2
Definitions applicable in
			 this section.
When used in this section, the following terms have the
				meanings given below:
(a) "Halogenated
			 organic compounds" or "HOCs" means those compounds having a carbon-halogen bond
			 which are listed under Appendix III to this section.
(b) "Hazardous constituent or constituents"
			 means those constituents listed in Appendix VIII to section 261 of this
			 rule.
(c) "Land disposal" means
			 placement in or on the land, except in a corrective action management unit or
			 staging pile, and includes, but is not limited to, placement in a landfill,
			 surface impoundment, waste pile, injection well, land treatment facility, salt
			 dome formation, salt bed formation, underground mine or cave, or placement in a
			 concrete vault, or bunker intended for disposal purposes.
(d) "Nonwastewaters" are wastes that do not
			 meet the criteria for wastewaters in paragraph (f) of this section.
(e) "Polychlorinated biphenyls" or "PCBs" are
			 halogenated organic compounds defined in accordance with
			 40
			 CFR 761.3.
(f) "Wastewaters" are wastes that contain
			 less than 1% by weight total organic carbon (TOC) and less than 1% by weight
			 total suspended solids (TSS).
(g)
			 "Debris" means solid material exceeding a 60 mm particle size that is intended
			 for disposal and that is: a manufactured object; or plant or animal matter; or
			 natural geologic material. However, the following materials are not debris: any
			 material for which a specific treatment standard is provided in Subsection D,
			 Section 268, namely lead acid batteries, cadmium batteries, and radioactive
			 lead solids; process residuals such as smelter slag and residues from the
			 treatment of waste, wastewater, sludges, or air emission residues; and intact
			 containers of hazardous waste that are not ruptured and that retain at least
			 75% of their original volume. A mixture of debris that has not been treated to
			 the standards provided by § 268.45 and other material is subject to
			 regulation as debris if the mixture is comprised primarily of debris, by
			 volume, based on visual inspection.
(h) "Hazardous debris" means debris that
			 contains a hazardous waste listed in subsection D of section 261 of this rule,
			 or that exhibits a characteristic of hazardous waste identified in subsection C
			 of section 261 of this rule. Any deliberate mixing of prohibited hazardous
			 waste with debris that changes its treatment classification (i.e., from waste
			 to hazardous debris) is not allowed under the dilution prohibition in §
			 268.3.
(i) "Underlying hazardous
			 constituent" means any constituent listed in § 268.48, Table UTS-Universal
			 Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc,
			 which can reasonably be expected to be present at the point of generation of
			 the hazardous waste, at a concentration above the constituent-specific UTS
			 treatment standard.
(j) "Inorganic
			 metal-bearing waste" is one for which EPA has established treatment standards
			 for metal hazardous constituents, and which does not otherwise contain
			 significant organic or cyanide content as described in § 268.3(c)(1), and
			 is specifically listed in Appendix XI of this section.
(k) "Soil" means unconsolidated earth
			 material composing the superficial geologic strata (material overlying
			 bedrock), consisting of clay, silt, sand, or gravel size particles as
			 classified by the U.S. Natural Resources Conservation Service, or a mixture of
			 such materials with liquids, sludges or solids which is inseparable by simple
			 mechanical removal processes and is made up primarily of soil by volume based
			 on visual inspection. Any deliberate mixing of prohibited hazardous waste with
			 soil that changes its treatment classification (i.e., from waste to
			 contaminated soil) is not allowed under the dilution prohibition in §
			 268.3.
§ 268.3
Dilution prohibited as a substitute for treatment
(a) Except as provided in paragraph (b) of
			 this section, no generator, transporter, handler, or owner or operator of a
			 treatment, storage, or disposal facility shall in any way dilute a restricted
			 waste or the residual from treatment of a restricted waste as a substitute for
			 adequate treatment to achieve compliance with subsection D of this section, to
			 circumvent the effective date of a prohibition in subsection C of this section,
			 to otherwise avoid a prohibition in subsection C of this section, or to
			 circumvent a land disposal prohibition imposed by RCRA section 3004.
(b) Dilution of wastes that are hazardous
			 only because they exhibit a characteristic in treatment systems which include
			 land- based units which treat wastes subsequently discharged to a water of the
			 United States pursuant to a permit issued under section 402 of the Clean Water
			 Act (CWA), or which treat wastes in a CWA-equivalent treatment system, or which
			 treat wastes for the purposes of pretreatment requirements under section 307 of
			 the CWA is not impermissible dilution for purposes of this section unless a
			 method other than DEACT has been specified in § 268.40 as the treatment
			 standard, or unless the waste is a D003 reactive cyanide wastewater or
			 nonwastewater.
(c) Combustion of
			 the hazardous waste codes listed in Appendix XI of this Section is prohibited,
			 unless the waste, at the point of generation, or after any bona fide treatment
			 such as cyanide destruction prior to combustion, can be demonstrated to comply
			 with one or more of the following criteria (unless otherwise specifically
			 prohibited from combustion):
(1) the waste
			 contains hazardous organic constituents or cyanide at levels exceeding the
			 constituent-specific treatment standard found in § 268.48;
(2) The waste consists of organic,
			 debris-like materials (e.g., wood, paper, plastic, or cloth) contaminated with
			 an inorganic metal-bearing hazardous waste;
(3) The waste, at point of generation, has
			 reasonable heating value such as greater than or equal to 5000 BTU per
			 pound;
(4) The waste is
			 co-generated with wastes for which combustion is a required method of
			 treatment;
(5) The waste is subject
			 to Federal and/or State requirements necessitating reduction of organics
			 (including biological agents); or
(6) The waste contains greater than 1% Total
			 Organic Carbon (TOC).
(d) It is a form of impermissible dilution,
			 and therefore prohibited, to add iron filings or other metallic forms of iron
			 to lead-containing hazardous wastes in order to achieve any land disposal
			 restriction treatment standard for lead. Lead-containing wastes include D008
			 wastes (wastes exhibiting a characteristic due to the presence of lead), all
			 characteristic wastes containing lead as an underlying hazardous constituent,
			 listed wastes containing lead as a regulated constituent, and hazardous media
			 containing any of the aforementioned lead-containing wastes.
§ 268.4
Treatment
			 surface impoundment exemption.
(a)
			 Wastes which are otherwise prohibited from land disposal under this section may
			 be treated in a surface impoundment or series of impoundments provided that:
(1) Treatment of such wastes occurs in the
			 impoundments;
(2) The following
			 conditions are met:
(i) Sampling and testing.
			 For wastes with treatment standards in Subsection D of this section and/or
			 prohibition levels in Subsection C of this section or RCRA section 3004(d), the
			 residues from treatment are analyzed, as specified in § 268.7 or §
			 268.32, to determine if they meet the applicable treatment standards or where
			 no treatment standards have been established for the waste, the applicable
			 prohibition levels. The sampling method, specified in the waste analysis plan
			 under § 264.13 or § 265.13, must be designed such that representative
			 samples of the sludge and the supernatant are tested separately rather than
			 mixed to form homogeneous samples.
(ii) Removal. The following treatment
			 residues (including any liquid waste) must be removed at least annually;
			 residues which do not meet the treatment standards promulgated under subsection
			 D of this section; residues which do not meet the prohibition levels
			 established under subsection C of this section or imposed by statute (where no
			 treatment standards have been established); residues which are from the
			 treatment of wastes prohibited from land disposal under subsection C of this
			 section (where no treatment standards have been established and no prohibition
			 levels apply); or residues from managing listed wastes which are not delisted
			 under § 260.22 of this rule. If the volume of liquid flowing through the
			 impoundment or series of impoundments annually is greater than the volume of
			 the impoundment or impoundments, this flow-through constitutes removal of the
			 supernatant for the purpose of this requirement.
(iii) Subsequent management. Treatment
			 residues may not be placed in any other surface impoundment for subsequent
			 management.
(iv) Recordkeeping:
			 Sampling and testing and recordkeeping provisions of §§ 264.13 and
			 265.13 of this rule apply.
(3) The impoundment meets the design
			 requirements of § 264.221(c) or § 265.221(a) of this rule, regardless
			 that the unit may not be new, expanded, or a replacement, and be in compliance
			 with applicable ground water monitoring requirements of Subsection F of Section
			 264 or Section 265 of this rule unless:
(i)
			 Exempted pursuant to § 264.221 (d) or (e) of this rule, or to §
			 265.221 (c) or (d) of this rule; or,
(ii) Upon application by the owner or
			 operator, the Director, after notice and an opportunity to comment, has granted
			 a waiver of the requirements on the basis that the surface impoundment:
(A) Has at least one liner, for which there
			 is no evidence that such liner is leaking;
(B) Is located more than one-quarter mile
			 from an underground source of drinking water; and
(C) Is in compliance with generally
			 applicable ground water monitoring requirements for facilities with permits;
			 or,
(iii) Upon
			 application by the owner or operator, the Director, after notice and an
			 opportunity to comment, has granted a modification to the requirements on the
			 basis of a demonstration that the surface impoundment is located, designed, and
			 operated so as to assure that there will be no migration of any hazardous
			 constituent into ground water or surface water at any future time.
(4) The owner or operator submits
			 to the Director a written certification that the requirements of §
			 268.4(a)(3) have been met. The following certification is required:
I certify under penalty of law that the requirements of Rule
				No. 23 § 268.4(a)(3) have been met for all surface impoundments being used
				to treat restricted wastes. I believe that the submitted information is true,
				accurate, and complete. I am aware that there are significant penalties for
				submitting false information, including the possibility of fine and
				imprisonment.
(b) Evaporation of hazardous constituents as
			 the principal means of treatment is not considered to be treatment for purposes
			 of an exemption under this section.
§ 268.5
Procedures for
			 case-by-case extensions to an effective date.
(a) Any person who generates, treats, stores,
			 or disposes of a hazardous waste may submit an application to the EPA
			 Administrator for an extension to the effective date of any applicable
			 restriction established under Subsection C of this section. The applicant must
			 demonstrate the following:
(1) He has made a
			 good-faith effort to locate and contract with treatment, recovery, or disposal
			 facilities nationwide to manage his waste in accordance with the effective date
			 of the applicable restriction established under Subsection C of this
			 section;
(2) He has entered into a
			 binding contractual commitment to construct or otherwise provide alternative
			 treatment, recovery (e.g., recycling), or disposal capacity that meets the
			 treatment standards specified in Subsection D or, where treatment standards
			 have not been specified, such treatment, recovery, or disposal capacity is
			 protective of human health and the environment.
(3) Due to circumstances beyond the
			 applicant's control, such alternative capacity cannot reasonably be made
			 available by the applicable effective date. This demonstration may include a
			 showing that the technical and practical difficulties associated with providing
			 the alternative capacity will result in the capacity not being available by the
			 applicable effective date;
(4) The
			 capacity being constructed or otherwise provided by the applicant will be
			 sufficient to manage the entire quantity of waste that is the subject of the
			 application;
(5) He provides a
			 detailed schedule for obtaining required operating and construction permits or
			 an outline of how and when alternative capacity will be available;
(6) He has arranged for adequate capacity to
			 manage his waste during an extension and has documented in the application the
			 location of all sites at which the waste will be managed; and
(7) Any waste managed in a surface
			 impoundment or landfill during the extension period will meet the requirements
			 of paragraph (h)(2) of this section.
(b) An authorized representative signing an
			 application described under paragraph (a) of this section shall make the
			 following certification:
"I certify under penalty of law that I have personally examined
				and am familiar with the information submitted in this document and all
				attachments and that, based on my inquiry of those individuals immediately
				responsible for obtaining the information, I believe that the information is
				true, accurate, and complete. I am aware that there are significant penalties
				for submitting false information, including the possibility of fine and
				imprisonment."
(c) After
			 receiving an application for an extension, the Administrator may request any
			 additional information which he deems as necessary to evaluate the
			 application.
(d) An extension will
			 apply only to the waste generated at the individual facility covered by the
			 application and will not apply to restricted waste from any other
			 facility.
(e) On the basis of the
			 information referred to in paragraph (a) of this section, after notice and
			 opportunity for comment, and after consultation with appropriate State agencies
			 in all affected States, the Administrator may grant an extension of up to 1
			 year from the effective date. The Administrator may renew this extension for up
			 to 1 additional year upon the request of the applicant if the demonstration
			 required in paragraph (a) of this section can still be made. In no event will
			 an extension extend beyond 24 months from the applicable effective date
			 specified in Subsection C of section 268. The length of any extension
			 authorized will be determined by the Administrator based on the time required
			 to construct or obtain the type of capacity needed by the applicant as
			 described in the completion schedule discussed in paragraph (a)(5) of this
			 section. The Administrator will give public notice of the intent to approve or
			 deny a petition and provide an opportunity for public comment. The final
			 decision on a petition will be published in the
Federal
			 Register
.
(f) Any person
			 granted an extension under this section must immediately notify the
			 Administrator as soon as he has knowledge of any change in the conditions
			 certified to in the application.
(g) Any person granted an extension under
			 this section shall submit written progress reports at intervals designated by
			 the Administrator. Such reports must describe the overall progress made toward
			 constructing or otherwise providing alternative treatment, recovery or disposal
			 capacity; must identify any event which may cause or has caused a delay in the
			 development of the capacity; and must summarize the steps taken to mitigate the
			 delay. The Administrator can revoke the extension at any time if the applicant
			 does not demonstrate a good-faith effort to meet the schedule for completion,
			 if the Agency denies or revokes any required permit, if conditions certified in
			 the application change, or for any violation of this rule.
(h) Whenever the Administrator establishes an
			 extension to an effective date under this section, during the period for which
			 such extension is in effect:
(1) The storage
			 restrictions under § 268.50(a) do not apply; and
(2) Such hazardous waste may be disposed in a
			 landfill or surface impoundment only if such unit is in compliance with the
			 technical requirements of the following provisions regardless of whether such
			 unit is existing, new, or a replacement or lateral expansion.
(i) The landfill, if in interim status, is in
			 compliance with the requirements of Subsection F of section 265 and §
			 265.301 (a), (c), and (d) of this rule; or,
(ii) The landfill, if permitted, is in
			 compliance with the requirements of Subsection F of section 264 and §
			 264.301 (c), (d) and (e) of this rule; or
(iii) The surface impoundment, if in interim
			 status, is in compliance with the requirements of Subsection F of section 265,
			 § 265.221 (a), (c), and (d) of this rule, and RCRA section 3005(j)(1);
			 or
(iv) The surface impoundment, if
			 permitted, is in compliance with the requirements of Subsection F of section
			 264 and § 264.221 (c), (d) and (e) of this rule; or
(v) The surface impoundment, if newly subject
			 to RCRA section 3005(j)(1) due to the promulgation of additional listings or
			 characteristics for the identification of hazardous waste, is in compliance
			 with the requirements of Subsection F of section 265 of this rule within 12
			 months after the promulgation of additional listings or characteristics of
			 hazardous waste, and with the requirements of § 265.221 (a), (c) and (d)
			 of this rule within 48 months after the promulgation of additional listings or
			 characteristics of hazardous waste. If a national capacity variance is granted,
			 during the period the variance is in effect, the surface impoundment, if newly
			 subject to RCRA section 3005(j)(1) due to the promulgation of additional
			 listings or characteristics of hazardous waste, is in compliance with the
			 requirements of Subsection F of section 265 of this rule within 12 months after
			 the promulgation of additional listings or characteristics of hazardous waste,
			 and with the requirements of § 265.221 (a), (c) and (d) of this rule
			 within 48 months after the promulgation of additional listings or
			 characteristics of hazardous waste; or
(vi) The landfill, if disposing of
			 containerized liquid hazardous wastes containing PCBs at concentrations greater
			 than or equal to 50 ppm but less than 500 ppm, is also in compliance with the
			 requirements of
			 40 CFR
			 761.75 and sections 264 and 265 of this rule.
(i) Pending
			 a decision on the application the applicant is required to comply with all
			 restrictions on land disposal under this section once the effective date for
			 the waste has een reached.
§
			 268.6
Petitions to allow land disposal of a waste prohibited
			 under Subsection C of Section 268.
(a)
			 Any person seeking an exemption from a prohibition under Subsection C of this
			 section for the disposal of a restricted hazardous waste in a particular unit
			 or units must submit a petition to the EPA Administrator demonstrating, to a
			 reasonable degree of certainty, that there will be no migration of hazardous
			 constituents from the disposal unit or injection zone for as long as the wastes
			 remain hazardous. The demonstration must include the following components:
(1) An identification of the specific waste
			 and the specific unit for which the demonstration will be made;
(2) A waste analysis to describe fully the
			 chemical and physical characteristics of the subject waste;
(3) A comprehensive characterization of the
			 disposal unit site including an analysis of background air, soil, and water
			 quality;
(4) A monitoring plan that
			 detects migration at the earliest practicable time;
(5) Sufficient information to assure the
			 Administrator that the owner or operator of a land disposal unit receiving
			 restricted waste(s) will comply with other applicable Federal, State, and local
			 laws.
(b) The
			 demonstration referred to in paragraph (a) of this section must meet the
			 following criteria:
(1) All waste and
			 environmental sampling, test, and analysis data must be accurate and
			 reproducible to the extent that state-of-the-art techniques allow;
(2) All sampling, testing, and estimation
			 techniques for chemical and physical properties of the waste and all
			 environmental parameters must have been approved by the
			 Administrator;
(3) Simulation
			 models must be calibrated for the specific waste and site conditions, and
			 verified for accuracy by comparison with actual measurements;
(4) A quality assurance and quality control
			 plan that addresses all aspects of the demonstration must be approved by the
			 Administrator; and,
(5) An analysis
			 must be performed to identify and quantify any aspects of the demonstration
			 that contribute significantly to uncertainty. This analysis must include an
			 evaluation of the consequences of predictable future events, including, but not
			 limited to, earthquakes, floods, severe storm events, droughts, or other
			 natural phenomena.
(c)
			 Each petition referred to in paragraph (a) of this section must include the
			 following:
(1) A monitoring plan that
			 describes the monitoring program installed at and/or around the unit to verify
			 continued compliance with the conditions of the variance. This monitoring plan
			 must provide information on the monitoring of the unit and/or the environment
			 around the unit. The following specific information must be included in the
			 plan:
(i) The media monitored in the cases
			 where monitoring of the environment around the unit is required;
(ii) The type of monitoring conducted at the
			 unit, in the cases where monitoring of the unit is required;
(iii) The location of the monitoring
			 stations;
(iv) The monitoring
			 interval (frequency of monitoring at each station);
(v) The specific hazardous constituents to be
			 monitored;
(vi) The implementation
			 schedule for the monitoring program;
(vii) The equipment used at the monitoring
			 stations;
(viii) The sampling and
			 analytical techniques employed; and
(ix) The data recording/reporting
			 procedures.
(2) Where
			 applicable, the monitoring program described in paragraph (c)(1) of this
			 section must be in place for a period of time specified by the Administrator,
			 as part of his approval of the petition, prior to receipt of prohibited waste
			 at the unit.
(3) The monitoring
			 data collected according to the monitoring plan specified under paragraph
			 (c)(1) of this section must be sent to the Administrator according to a format
			 and schedule specified and approved in the monitoring plan, and
(4) A copy of the monitoring data collected
			 under the monitoring plan specified under paragraph (c)(1) of this section must
			 be kept on-site at the facility in the operating record.
(5) The monitoring program specified under
			 paragraph (c)(1) of this section meets the following criteria:
(i) All sampling, testing, and analytical
			 data must be approved by the Administrator and must provide data that is
			 accurate and reproducible.
(ii) All
			 estimation and monitoring techniques must be approved by the
			 Administrator.
(iii) A quality
			 assurance and quality control plan addressing all aspects of the monitoring
			 program must be provided to and approved by the Administrator.
(d) Each petition must
			 be submitted to the Administrator.
(e) After a petition has been approved, the
			 owner or operator must report any changes in conditions at the unit and/or the
			 environment around the unit that significantly depart from the conditions
			 described in the variance and affect the potential for migration of hazardous
			 constituents from the units as follows:
(1)
			 If the owner or operator plans to make changes to the unit design,
			 construction, or operation, such a change must be proposed, in writing, and the
			 owner or operator must submit a demonstration to the Administrator at least 30
			 days prior to making the change. The Administrator will determine whether the
			 proposed change invalidates the terms of the petition and will determine the
			 appropriate response. Any change must be approved by the Administrator prior to
			 being made.
(2) If the owner or
			 operator discovers that a condition at the site which was modeled or predicted
			 in the petition does not occur as predicted, this change must be reported, in
			 writing, to the Administrator within 10 days of discovering the change. The
			 Administrator will determine whether the reported change from the terms of the
			 petition requires further action, which may include termination of waste
			 acceptance and revocation of the petition, petition modifications, or other
			 responses.
(f) If the
			 owner or operator determines that there is migration of hazardous
			 constituent(s) from the unit, the owner or operator must:
(1) Immediately suspend receipt of prohibited
			 waste at the unit, and
(2) Notify
			 the Administrator, in writing, within 10 days of the determination that a
			 release has occurred.
(3) Following
			 receipt of the notification the Administrator will determine, within 60 days of
			 receiving notification, whether the owner or operator can continue to receive
			 prohibited waste in the unit and whether the variance is to be revoked. The
			 Administrator shall also determine whether further examination of any migration
			 is warranted under applicable provisions of section 264 or section
			 265.
(g) Each petition
			 must include the following statement signed by the petitioner or an authorized
			 representative:
I certify under penalty of law that I have personally examined
				and am familiar with the information submitted in this petition and all
				attached documents, and that, based on my inquiry of those individuals
				immediately responsible for obtaining the information, I believe that submitted
				information is true, accurate, and complete. I am aware that there are
				significant penalties for submitting false information, including the
				possibility of fine and imprisonment.
(h) After receiving a petition, the
			 Administrator may request any additional information that reasonably may be
			 required to evaluate the demonstration.
(i) If approved, the petition will apply to
			 land disposal of the specific restricted waste at the individual disposal unit
			 described in the demonstration and will not apply to any other restricted waste
			 at that disposal unit, or to that specific restricted waste at any other
			 disposal unit.
(j) The
			 Administrator will give public notice in the
Federal Register
of the intent to approve or deny a petition and provide an opportunity for
			 public comment. The final decision on a petition will be published in the
Federal Register
.
(k) The term of a petition granted under this
			 section shall be no longer than the term of the RCRA permit if the disposal
			 unit is operating under a RCRA permit, or up to a maximum of 10 years from the
			 date of approval provided under paragraph (g) of this section if the unit is
			 operating under interim status. In either case, the term of the granted
			 petition shall expire upon the termination or denial of a RCRA permit, or upon
			 the termination of interim status or when the volume limit of waste to be land
			 disposed during the term of petition is reached.
(l) Prior to the Administrator's decision,
			 the applicant is required to comply with all restrictions on land disposal
			 under this section once the effective date for the waste has been
			 reached.
(m) The petition granted
			 by the Administrator does not relieve the petitioner of his responsibilities in
			 the management of hazardous waste under this Rule and 40 CFR parts 260 through
			 part 271.
(n) Liquid hazardous
			 wastes containing polychlorinated biphenyls at concentrations greater than or
			 equal to 500 ppm are not eligible for an exemption under this
			 section.
§ 268.7
Testing, tracking, and recordkeeping requirements for generators,
			 treaters, and disposal facilities.
(a)
			 Requirements for generators:
(1) A generator
			 of hazardous waste must determine if the waste has to be treated before it can
			 be land disposed. This is done by determining if the hazardous waste meets the
			 treatment standards in §268.40, §268.45, or §268.49. This
			 determination can be made concurrently with the hazardous waste determination
			 required in § 262.11 of this rule, in either of two ways: testing the
			 waste or using knowledge of the waste. If the generator tests the waste,
			 testing would normally determine the total concentration of hazardous
			 constituents, or the concentration of hazardous constituents in an extract of
			 the waste obtained using test method 1311 in "Test Methods of Evaluating Solid
			 Waste, Physical/Chemical Methods," EPA Publication SW-846, (incorporated by
			 reference, see § 260.11 of this rule), depending on whether the treatment
			 standard for the waste is expressed as a total concentration or concentration
			 of hazardous constituent in the waste's extract. (Alternatively, the generator
			 must send the waste to a RCRA-permitted hazardous waste treatment facility,
			 where the waste treatment facility must comply with the requirements of §
			 264.13 of this rule and paragraph (b) of this section.) In addition, some
			 hazardous wastes must be treated by particular treatment methods before they
			 can be land disposed and some soils are contaminated by such hazardous wastes.
			 These treatment standards are also found in §268.40, and are described in
			 detail in §268.42, Table 1. These wastes, and soils contaminated with such
			 wastes, do not need to be tested (however, if they are in a waste mixture,
			 other wastes with concentration level treatment standards would have to be
			 tested). If a generator determines they are managing a waste or soil
			 contaminated with a waste, that displays a hazardous characteristic of
			 ignitability, corrosivity, reactivity, or toxicity, they must comply with the
			 special requirements of §268.9 of this section in addition to any
			 applicable requirements in this section.
(2) If the waste or contaminated soil does
			 not meet the treatment standards or if the generator chooses not to make the
			 determination of whether his waste must be treated, with the initial shipment
			 of waste to each treatment or storage facility, the generator must send a
			 one-time written notice to each treatment or storage facility receiving the
			 waste, and place a copy in the file. The notice must include the information in
			 column "268.7(a)(2)" of the Generator Paperwork Requirements Table in §
			 268.7(a)(4) of this section. (Alternatively, if the generator chooses not to
			 make the determination of whether the waste must be treated, the notification
			 must include the EPA Hazardous Waste Numbers and Manifest Number of the first
			 shipment and must state "This hazardous waste may or may not be subject to the
			 LDR treatment standards. The treatment facility must make the determination.").
			 No further notification is necessary until such time that the waste or facility
			 changes, in which case a new notification must be sent and a copy placed in the
			 generator's file.
(i) For contaminated soil,
			 the following certification statement should be included, signed by an
			 authorized representative: "I certify under penalty of law that I personally
			 have examined this contaminated soil and it [does/does not] contain listed
			 hazardous waste and [does/does not] exhibit a characteristic of hazardous waste
			 and requires treatment to meet the soil treatment standards as provided by
			 § 268.49(c)."
(ii)
			 [Reserved]
(3) If the
			 waste or contaminated soil meets the treatment standard at the original point
			 of generation:
(i) With the initial shipment
			 of waste to each treatment, storage, or disposal facility, the generator must
			 send a one-time written notice to each treatment, storage, or disposal facility
			 receiving the waste, and place a copy in the file. The notice must include the
			 information indicated in column "268.7(a)(3)" of the Generator Paperwork
			 Requirements Table in § 268.7(a)(4) and the following certification
			 statement, signed by an authorized representative: "I certify under penalty of
			 law that I personally have examined and am familiar with the waste through
			 analysis and testing or through knowledge of the waste to support this
			 certification that the waste complies with the treatment standards specified in
			 40 CFR Part 268 subpart D. I believe that the information I submitted is true,
			 accurate, and complete. I am aware that there are significant penalties for
			 submitting a false certification, including the possibility of a fine and
			 imprisonment."
(ii) For
			 contaminated soil, with the initial shipment of wastes to each treatment,
			 storage, or disposal facility, the generator must send a one-time written
			 notice to each facility receiving the waste and place a copy in the file. The
			 notice must include the information in column "268.7(a)(3)" of the Generator
			 Paperwork Requirements Table in § 268.7(a)(4).
(iii) If the waste changes, the generator
			 must send a new notice and certification to the receiving facility, and place a
			 copy in their files. Generators of hazardous debris excluded from the
			 definition of hazardous waste under § 261.3(f) of this rule are not
			 subject to these requirements.
(4) For reporting, tracking, and
			 recordkeeping when exceptions allow certain wastes or contaminated soil that do
			 not meet the treatment standards to be land disposed: There are certain
			 exemptions from the requirement that hazardous wastes or contaminated soil meet
			 treatment standards before they can be land disposed. These include, but are
			 not limited to case-by-case extensions under § 268.5, disposal in a
			 no-migration unit under § 268.6, or a national capacity variance or
			 case-by-case capacity variance under subpart C of this part. If a generator's
			 waste is so exempt, then with the initial shipment of waste, the generator must
			 send a one-time written notice to each land disposal facility receiving the
			 waste. The notice must include the information indicated in column
			 "268.7(a)(4)" of the Generator Paperwork Requirements Table in this section. If
			 the waste changes, the generator must send a new notice to the receiving
			 facility, and place a copy in their files.
Generator Paperwork Requirements Table
§ 268.7 (a)(2)
§ 268.7 (a)(3)
§268.7 (a)(4)
§ 268.7 (a)(9)
1. EPA Hazardous Waste Numbers and Manifest Number of
						  first shipment
X
X
X
X
2. Statement: this waste is not prohibited from land
						  disposal
X
3. The waste is subject to the LDRs. The constituents
						  of concern for F001-F005, and F039, and underlying hazardous constituents in
						  characteristic wastes, unless the waste will be treated and monitored for all
						  constituents. If all constituents will be treated and monitored, there is no
						  need to put them all on the LDR notice
X
X
4. The notice must include the applicable
						  wastewater/nonwastewater category (see Sec. Sec. 268.2(d) and (f)) and
						  subdivisions made within a waste code based on waste-specific criteria (such as
						  D003 reactive cyanide)
X
X
5. Waste analysis data (when available)
X
X
X
6. Date the waste is subject to the prohibition
X
7. For hazardous debris, when treating with the
						  alternative treatment technologies provided by § 268.45: the contaminants
						  subject to treatment, as described in § 268.45(b); and an indication that
						  these contaminants are being treated to comply with §268.45
X
X
8. For contaminated soil subject to LDRs as provided in
						  § 268.49(a), the constituents subject to treatment as described in §
						  268.49(d), and the following statement: This contaminated soil [does/does not]
						  contain listed hazardous waste and [does/does not] exhibit a characteristic of
						  hazardous waste and [is subject to/complies with] the soil treatment standards
						  as provided by § 268.49(c) or the universal treatment standards.
X
X
9. A certification is needed (see applicable section
						  for exact wording).
(5) If
			 a generator is managing and treating prohibited waste or contaminated soil in
			 tanks, containers, or containment buildings regulated under §§
			 262.15, 262.16, and 262.17 to meet applicable LDR treatment standards found at
			 § 268.40, the generator must develop and follow a written waste analysis
			 plan which describes the procedures they will carry out to comply with the
			 treatment standards. (Generators treating hazardous debris under the
			 alternative treatment standards of Table 1, § 268.45, however, are not
			 subject to these waste analysis requirements.) The plan must be kept on site in
			 the generator's records, and the following requirements must be met:
(i) The waste analysis plan must be based on
			 a detailed chemical and physical analysis of a representative sample of the
			 prohibited waste(s) being treated, and contain all information necessary to
			 treat the waste(s) in accordance with the requirements of this section,
			 including the selected testing frequency.
(ii) Such plan must be kept in the facility's
			 on-site files and made available to inspectors.
(iii) Wastes shipped off-site pursuant to
			 this paragraph must comply with the notification requirements of §
			 268.7(a)(3).
(6) If a
			 generator determines that the waste is restricted based solely on his knowledge
			 of the waste, all supporting data used to make this determination must be
			 retained on-site in the generator's files. If a generator determines that the
			 waste is restricted based on testing this waste or an extract developed using
			 the test method 1311 in "Test Methods for Evaluating Solid Waste,
			 Physical/Chemical Methods," EPA Publication SW-846, as referenced in §
			 260.11 of this rule, all waste analysis data must be retained on-site in the
			 generator's files.
(7) If a
			 generator determines that he is managing a restricted waste that is excluded
			 from the definition of hazardous or solid waste or exempt from Subtitle C rule,
			 under §§ 261.2 through 261.6 subsequent to the point of generation
			 (including deactivated characteristic hazardous wastes managed in wastewater
			 treatment systems subject to the Clean Water Act (CWA) as specified at §
			 261.4(a)(2), or are CWA-equivalent), he must place a one-time notice stating
			 such generation, subsequent exclusion from the definition of hazardous or solid
			 waste or exemption from RCRA Subtitle C rule, and the disposition of the waste,
			 in the facility's file.
(8)
			 Generators must retain on-site a copy of all notices, certifications, waste
			 analysis data, and other documentation produced pursuant to this section for at
			 least three (3) years from the date that the waste that is the subject of such
			 documentation was last sent to on-site or off-site treatment, storage, or
			 disposal. The three year record retention period is automatically extended
			 during the course of any unresolved enforcement action regarding the regulated
			 activity or as requested by the Director. The requirements of this paragraph
			 apply to solid wastes even when the hazardous characteristic is removed prior
			 to disposal, or when the waste is excluded from the definition of hazardous or
			 solid waste under §§ 261.2 through 261.6, or exempted from Subtitle C
			 rule, subsequent to the point of generation.
(9) If a generator is managing a lab pack
			 containing hazardous wastes and wishes to use the alternative treatment
			 standard for lab packs found at § 268.42(c):
(i) With the initial shipment of waste to a
			 treatment facility, the generator must submit a notice that provides the
			 information in column "§ 268.7(a)(9)" in the Generator Paperwork
			 Requirements Table of paragraph (a)(4) of this section, and the following
			 certification. The certification, which must be signed by an authorized
			 representative and must be placed in the generator's files, must say the
			 following: "I certify under penalty of law that I personally have examined and
			 am familiar with the waste and that the lab pack contains only wastes that have
			 not been excluded under Appendix IV to 40 CFR section 268 and that this lab
			 pack will be sent to a combustion facility in compliance with the alternative
			 treatment standards for lab packs at
			 40 CFR
			 268.42(c). I am aware that
			 there are significant penalties for submitting a false certification, including
			 the possibility of fine or imprisonment."
(ii) No further notification is necessary
			 until such time that the wastes in the lab pack change, or the receiving
			 facility changes, in which case a new notice and certification must be sent and
			 a copy placed in the generator's file.
(iii) If the lab pack contains characteristic
			 hazardous wastes (D001-D043), underlying hazardous constituents (as defined in
			 § 268.2(i)) need not be determined.
(iv) The generator must also comply with the
			 requirements in paragraphs (a)(6) and (a)(7) of this section.
(10) [Reserved]
(b) Treatment facilities must test
			 their wastes according to the frequency specified in their waste analysis plans
			 as required by § 264.13 (for permitted TSDs) or § 265.13 (for interim
			 status facilities). Such testing must be performed as provided in paragraphs
			 (b)(1), (b)(2) and (b)(3) of this section.
(1) For wastes with treatment standards
			 expressed as concentrations in the waste extract (TCLP), the owner or operator
			 of the treatment facility must test an extract of the treatment residues, using
			 test method 1311 (the Toxicity Characteristic Leaching Procedure, described in
			 "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA
			 Publication SW-846 as incorporated by reference in § 260.11 of this rule),
			 to assure that the treatment residues extract meet the applicable treatment
			 standards.
(2) For wastes with
			 treatment standards expressed as concentrations in the waste, the owner or
			 operator of the treatment facility must test the treatment residues (not an
			 extract of such residues) to assure that they meet the applicable treatment
			 standards.
(3) A one-time notice
			 must be sent with the initial shipment of waste to the land disposal facility.
			 A copy of the notice must be placed in the treatment facility's file.
(i) No further notification is necessary
			 until such time that the waste or receiving facility change, in which case a
			 new notice must be sent and a copy placed in the treatment facility's
			 file.
(ii) The one-time notice must
			 include these requirements:
TSDF Paperwork Requirements Table
Required Information
§ 268.7(b)
1. EPA Hazardous Waste & Manifest number of first
						  shipment.
X
2. The waste is subject to the LDRs. The constituents
						  of concern for F001-F002, and F039, and underlying hazardous constituents (for
						  wastes that are not managed in a Clean Water Act (CWA) or CWA-equivalent
						  facility), unless the waste will be treated and monitored for all constituents.
						  If all constituents will be treated and monitored, there is no need to put them
						  all on the LDR notice.
X
3. The notice must include the applicable wastewater/
						  non-wastewater category (see § 268.2(d) and (f)) and subdivisions made
						  within a waste codebased on waste-specific criteria (such as D003 reactive
						  cyanide)
X
4. Waste analysis data (when available)
X
5. A certifcation statement is needed (see applicable
						  section for exact wording)
X
(4) The
			 treatment facility must submit a one-time certification signed by an authorized
			 representative with the initial shipment of waste or treatment residue of a
			 restricted waste to the land disposal facility. The certification must state:
"I certify under penalty of law that I have personally examined
				and am familiar with the treatment technology and operation of the treatment
				process used to support this certification. Based on my inquiry of those
				individuals immediately responsible for obtaining this information, I believe
				that the treatment process has been operated and maintained properly so as to
				comply with the treatment standards specified in
				40 CFR
				268.40 without impermissible dilution of the
				prohibited waste. I am aware there are significant penalties for submitting a
				false certification, including the possibility of fine and
				imprisonment."
A certification is also necessary for contaminated soil and it
				must state:
"I certify under penalty of law that I have personally examined
				and am familiar with the treatment technology and operation of the treatment
				process used to support this certification and believe that it has been
				maintained and operated properly so as to comply with treatment standards
				specified in
				40 CFR
				268.49 without impermissible dilution of the
				prohibited wastes. I am aware there are significant penalties for submitting a
				false certification, including the possibility of fine and
				imprisonment."
(i) A copy of the
			 certification must be placed in the treatment facility's on-site files. If the
			 waste or treatment residue changes, or the receiving facility changes, a new
			 certification must be sent to the receiving facility, and a copy placed in the
			 file.
(ii) Debris excluded from the
			 definition of hazardous waste under § 261.3(f) of this rule (i.e., debris
			 treated by an extraction or destruction technology provided by Table 1, §
			 268.45, and debris that the Director has determined does not contain hazardous
			 waste), however, is subject to the notification and certification requirements
			 of paragraph (d) of this section rather than the certification requirements of
			 this paragraph.
(iii) For wastes
			 with organic constituents having treatment standards expressed as concentration
			 levels, if compliance with the treatment standards is based in whole or in part
			 on the analytical detection limit alternative specified in § 268.40(d),
			 the certification, signed by an authorized representative, must state the
			 following: "I certify under penalty of law that I have personally examined and
			 am familiar with the treatment technology and operation of the treatment
			 process used to support this certification. Based on my inquiry of those
			 individuals immediately responsible for obtaining this information, I believe
			 that the nonwastewater organic constituents have been treated by combustion
			 units as specified in § 268.42, Table 1. I have been unable to detect the
			 nonwastewater organic constituents, despite having used best good-faith efforts
			 to analyze for such constituents. I am aware there are significant penalties
			 for submitting a false certification, including the possibility of fine and
			 imprisonment."
(iv) For
			 characteristic wastes that are subject to the treatment standards in §
			 268.40 (other than those expressed as a method of treatment), or § 268.49,
			 and that contain underlying hazardous constituents as defined in §
			 268.2(i); if these wastes are treated on-site to remove the hazardous
			 characteristic; and are then sent off-site for treatment of underlying
			 hazardous constituents, the certification must state the following: "I certify
			 under penalty of law that the waste has been treated in accordance with the
			 requirements of
			 40 CFR
			 268.40 or
			 268.49
			 to remove the hazardous characteristic. This decharacterized waste contains
			 underlying hazardous constituents that require further treatment to meet
			 treatment standards. I am aware that there are significant penalties for
			 submitting a false certification, including the possibility of fine and
			 imprisonment."
(v) For
			 characteristic wastes that contain underlying hazardous constituents as defined
			 at § 268.2(i) that are treated on-site to remove the hazardous
			 characteristic to treat underlying hazardous constituents to levels in §
			 268.48 Universal Treatment Standards, the certification must state the
			 following: "I certify under penalty of law that the waste has been treated in
			 accordance with the requirements of
			 40 CFR
			 268.40 to remove the hazardous characteristic
			 and that underlying hazardous constituents, as defined in § 268.2(i) have
			 been treated on-site to meet the§ 268.48 Universal Treatment Standards. I
			 am aware that there are significant penalties for submitting a false
			 certification, including the possibility of fine and imprisonment."
(5) If the waste or treatment
			 residue will be further managed at a different treatment, storage, or disposal
			 facility, the treatment, storage, or disposal facility sending the waste or
			 treatment residue off-site must comply with the notice and certification
			 requirements applicable to generators under this section.
(6) Where the wastes are recyclable materials
			 used in a manner constituting disposal subject to the provisions of §
			 266.20(b) of this rule regarding treatment standards and prohibition levels,
			 the owner or operator of a treatment facility (i.e., the recycler) must, for
			 the initial shipment of waste, prepare a one-time certification described in
			 paragraph (b)(4) of this section, and a one-time notice which includes the
			 information in paragraph (b)(3) of this section (except the manifest number).
			 The certification and notification must be placed in the facility's on-site
			 files. If the waste or the receiving facility changes, a new certification and
			 notification must be prepared and placed in the on site files. In addition, the
			 recycling facility must also keep records of the name and location of each
			 entity receiving the hazardous waste-derived product.
(c) Except
			 where the owner or operator is disposing of any waste that is a recyclable
			 material used in a manner constituting disposal pursuant to § 266.20(b),
			 the owner or operator of any land disposal facility disposing any waste subject
			 to restrictions under this part must:
(1) Have
			 copies of the notice and certifications specified in paragraph (a) or (b) of
			 this section.
(2) Test the waste,
			 or an extract of the waste or treatment residue developed using test method
			 1311 (the Toxicity Characteristic Leaching Procedure, described in "Test
			 Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication
			 SW-846 as incorporated by reference in § 260.11 of this chapter), to
			 assure that the wastes or treatment residues are in compliance with the
			 applicable treatment standards set forth in subsection D of this Section. Such
			 testing must be performed according to the frequency specified in the
			 facility's waste analysis plan as required by § 264.13 or § 265.13 of
			 this rule.
(d)
			 Generators or treaters who first claim that hazardous debris is excluded from
			 the definition of hazardous waste under § 261.3(f) of this rule (i.e.,
			 debris treated by an extraction or destruction technology provided by Table 1,
			 § 268.45, and debris that the EPA Regional Administrator (or his
			 designated representative) or State authorized to implement 40 CFR Part 268
			 requirements has determined does not contain hazardous waste) are subject to
			 the following notification and certification requirements:
(1) A one-time notification, including the
			 following information, must be submitted to the DEQ.
(i) The name and address of the RCRA Subtitle
			 D facility receiving the treated debris; (ii) A description of the hazardous
			 debris as initially generated, including the applicable EPA Hazardous Waste
			 Number(s); and
(iii) For debris
			 excluded under § 261.3(f)(1) of this rule, the technology from Table 1,
			 § 268.45, used to treat the debris.
(2) The notification must be updated if the
			 debris is shipped to a different facility, and, for debris excluded under
			 § 261.3(f)(1) of this chapter, if a different type of debris is treated or
			 if a different technology is used to treat the debris.
(3) For debris excluded under §
			 261.3(f)(1) of this chapter, the owner or operator of the treatment facility
			 must document and certify compliance with the treatment standards of Table 1,
			 § 268.45, as follows:
(i) Records must be
			 kept of all inspections, evaluations, and analyses of treated debris that are
			 made to determine compliance with the treatment standards;
(ii) Records must be kept of any data or
			 information the treater obtains during treatment of the debris that identifies
			 key operating parameters of the treatment unit; and
(iii) For each shipment of treated debris, a
			 certification of compliance with the treatment standards must be signed by an
			 authorized representative and placed in the facility's files. The certification
			 must state the following: "I certify under penalty of law that the debris has
			 been treated in accordance with the requirements of
			 40 CFR
			 268.45. I am aware that there are significant
			 penalties for making a false certification, including the possibility of fine
			 and imprisonment.'' (e) Generators and treaters who first receive from EPA or
			 DEQ a determination that a given contaminated soil subject to LDRs as provided
			 in § 268.49(a) no longer contains a listed hazardous waste and generators
			 and treaters who first determine that a contaminated soil subject to LDRs as
			 provided in § 268.49(a) no longer exhibits a characteristic of hazardous
			 waste must:
(1) Prepare a one-time only
			 documentation of these determinations including all supporting information;
			 and,
(2) Maintain that information
			 in the facility files and other records for a minimum of three years.
§
			 268.8
[Reserved]
§ 268.9
Special rules regarding
			 wastes that exhibit a characteristic.
(a) The initial generator of a solid waste
			 must determine each EPA Hazardous Waste Number (waste code) applicable to the
			 waste in order to determine the applicable treatment standards under subsection
			 D of this section. This determination may be made concurrently with the
			 hazardous waste determination required in § 262.11 of this rule. For the
			 purposes of Section 268, the waste will carry the waste code for any applicable
			 listed waste (Section 261, Subsection D). In addition, where the waste exhibits
			 a characteristic, the waste will carry one or more of the characteristic waste
			 codes (Section 261, Subsection C), except when the treatment standard for the
			 listed waste operates in lieu of the treatment standard for the characteristic
			 waste, as specified in paragraph (b) of this section. If the generator
			 determines that their waste displays a hazardous characteristic (and is not
			 D001 nonwastewaters treated by CMBST, RORGS, or POLYM of § 268.42, Table
			 1), the generator must determine the underlying hazardous constituents (as
			 defined at § 268.2(i)) in the characteristic waste.
(b) Where a prohibited waste is both listed
			 under section 261, Subsection D and exhibits a characteristic under section
			 261, Subsection C, the treatment standard for the waste code listed in section
			 261, Subsection D will operate in lieu of the standard for the waste code under
			 section 261, Subsection C, provided that the treatment standard for the listed
			 waste includes a treatment standard for the constituent that causes the waste
			 to exhibit the characteristic. Otherwise, the waste must meet the treatment
			 standards for all applicable listed and characteristic waste codes.
(c) In addition to any applicable standards
			 determined from the initial point of generation, no prohibited waste which
			 exhibits a characteristic under section 261, Subsection C may be land disposed
			 unless the waste complies with the treatment standards under Subsection D of
			 this section.
(d) Wastes that
			 exhibit a characteristic are also subject to § 268.7 requirements, except
			 that once the waste is no longer hazardous, a one-time notification and
			 certification must be placed in the generator's or treater's on-site files. The
			 notification and certification must be updated if the process or operation
			 generating the waste changes and/or if the subtitle D facility receiving the
			 waste changes.
(1) The notification must
			 include the following information:
(i) Name
			 and address of the RCRA Subtitle D facility receiving the waste shipment;
			 and
(ii) A description of the waste
			 as initially generated, including the applicable EPA hazardous waste code(s),
			 treatability group(s), and underlying hazardous constituents (as defined in
			 § 268.2(i)), unless the waste will be treated and monitored for all
			 underlying hazardous constituents. If all underlying hazardous constituents
			 will be treated and monitored, there is no requirement to list any of the
			 underlying hazardous constituents on the notice.
(2) The certification must be signed by an
			 authorized representative and must state the language found in §
			 268.7(b)(4).
(i) If treatment removes the
			 characteristic but does not meet standards applicable to underlying hazardous
			 constituents, then the certification found in § 268.7(b)(4)(iv)
			 applies.
(ii) [Reserved]
Subsection
			 B
-- Schedule for Land Disposal Prohibition and
			 Establishment of Treatment Standards
§
			 268.10
[Reserved]
§ 268.11
[Reserved]
§ 268.12
[Reserved]
§
			 268.13
Schedule for wastes identified or listed after
			 November 8, 1984
In the case of any hazardous waste identified or listed under
				RCRA Section 3001 after November 8, 1984, the Administrator shall make a land
				disposal prohibition determination within 6 months after the date of
				identification or listing.
§
			 268.14
Surface impoundment exemptions
(a) This section defines additional
			 circumstances under which an otherwise prohibited waste may continue to be
			 placed in a surface impoundment.
(b) Wastes which are newly identified or
			 listed under section 3001 after November 8, 1984, and stored in a surface
			 impoundment that is newly subject to Subtitle C of RCRA as a result of the
			 additional identification or listing, may continue to be stored in the surface
			 impoundment for 48 months after the promulgation of the additional listing or
			 characteristic, notwithstanding that the waste is otherwise prohibited from
			 land disposal, provided that the surface impoundment is in compliance with the
			 requirements of Subsection F of Section 265 of this rule within 12 months after
			 promulgation of the new listing or characteristic.
(c) Wastes which are newly identified or
			 listed under section 3001 after November 8, 1984, and treated in a surface
			 impoundment that is newly subject to subtitle C of RCRA as a result of the
			 additional identification or listing, may continue to be treated in that
			 surface impoundment, notwithstanding that the waste is otherwise prohibited
			 from land disposal, provided that surface impoundment is in compliance with the
			 requirements of Subsection F of section 265 of this rule within 12 months after
			 the promulgation of the new listing or characteristic. In addition, if the
			 surface impoundment continues to treat hazardous waste after 48 months from
			 promulgation of the additional listing or characteristic, it must then be in
			 compliance with § 268.4.
Subsection C
-- Prohibitions on Land
			 Disposal
§ 268.20
Waste
			 specific prohibitions-Dyes and/or pigments production wastes
(a) Effective August 23, 2005, the waste
			 specified in Section 261 of this Rule as EPA Hazardous Waste Number K181, and
			 soil and debris contaminated with this waste, radioactive wastes mixed with
			 this waste, and soil and debris contaminated with radioactive wastes mixed with
			 this waste are prohibited from land disposal.
(b) The requirements of paragraph (a) of this
			 section do not apply if:
(1) The wastes meet
			 the applicable treatment standards specified in subsection D of this
			 Section;
(2) Persons have been
			 granted an exemption from a prohibition pursuant to a petition under §
			 268.6, with respect to those wastes and units covered by the
			 petition;
(3) The wastes meet the
			 applicable treatment standards established pursuant to a petition granted under
			 § 268.44;
(4) Hazardous debris
			 has met the treatment standards in § 268.40 or the alternative treatment
			 standards in § 268.45; or
(5)
			 Persons have been granted an extension to the effective date of a prohibition
			 pursuant to § 268.5, with respect to these wastes covered by the
			 extension.
(c) To
			 determine whether a hazardous waste identified in this section exceeds the
			 applicable treatment standards specified in § 268.40, the initial
			 generator must test a sample of the waste extract or the entire waste,
			 depending on whether the treatment standards are expressed as concentrations in
			 the waste extract of the waste, or the generator may use knowledge of the
			 waste. If the waste contains regulated constituents in excess of the applicable
			 subsection D levels, the waste is prohibited from land disposal, and all
			 requirements of Section 268 are applicable, except as otherwise
			 specified.
§ 268.30
Waste specific prohibitions - wood preserving wastes
(a) Effective August 11, 1997, the following
			 wastes are prohibited from land disposal: the wastes specified in Section 261
			 as EPA Hazardous Waste numbers F032, F034, and F035.
(b) Effective May 12, 1999, the following
			 wastes are prohibited from land disposal: soil and debris contaminated with
			 F032, F034, F035; and radioactive wastes mixed with EPA Hazardous waste numbers
			 F032, F034, and F035.
(c) Between
			 May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034,
			 F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in
			 a landfill or surface impoundment only if such unit is in compliance with the
			 requirements specified in § 268.5(h)(2) of this section.
(d) The requirements of paragraphs (a) and
			 (b) of this section do not apply if:
(1) The
			 wastes meet the applicable treatment standards specified in Subsection D of
			 this section;
(2) Persons have been
			 granted an exemption from a prohibition pursuant to a petition under §
			 268.6, with respect to those wastes and units covered by the
			 petition;
(3) The wastes meet the
			 applicable alternate treatment standards established pursuant to a petition
			 granted under § 268.44; or
(4)
			 Persons have been granted an extension to the effective date of a prohibition
			 pursuant to § 268.5, with respect to those wastes covered by the
			 extension.
(e) To
			 determine whether a hazardous waste identified in this section exceeds the
			 applicable treatment standards specified in § 268.40, the initial
			 generator must test a sample of the waste extract or the entire waste,
			 depending on whether the treatment standards are expressed as concentrations in
			 the waste extract or the waste, or the generator may use knowledge of the
			 waste. If the waste contains constituents in excess of the applicable Universal
			 Treatment Standard levels of § 268.48 of this section, the waste is
			 prohibited from land disposal, and all requirements of Section 268 are
			 applicable, except as otherwise specified.
§ 268.31
Waste specific
			 prohibitions -- Dioxin-containing wastes
(a) Effective November 8, 1988, the
			 dioxin-containing wastes specified in 261.31 as EPA Hazardous Waste Nos. F020,
			 F02l, F022, F023, F026, F027, and F028, are prohibited from land disposal
			 unless the following condition applies:
(1)
			 The F020-F023 and F026-F028 dioxin-containing waste is contaminated soil and
			 debris resulting from a response action taken under section 104 or 106 of the
			 Comprehensive Environmental Response, Compensation, and Liability Act of 1980
			 (CERCLA) or a corrective action taken under subtitle C of the Resource
			 Conservation and Recovery Act (RCRA).
(b) Effective November 8, 1990, the F020-F023
			 and F026-F028 dioxin-containing wastes listed in paragraph (a)(1) of this
			 section are prohibited from land disposal.
(c) Between November 8, 1988, and November 8,
			 1990, wastes included in paragraph (a)(1) of this section may be disposed in a
			 landfill or surface impoundment only if such unit is in compliance with the
			 requirements specified in § 268.5(h)(2) and all other applicable
			 requirements of sections 264 and 265 of this rule.
(d) The requirements of paragraphs (a) and
			 (b) of this section do not apply if:
(1) The
			 wastes meet the standards of Subsection D of this section; or
(2) Persons have been granted an exemption
			 from a prohibition pursuant to a petition under § 268.6, with respect to
			 those wastes and units covered by the petition; or
(3) Persons have been granted an extension to
			 the effective date of a prohibition pursuant to § 268.5, with respect to
			 those wastes covered by the extension.
§ 268.32
Waste specific
			 prohibitions-Soils exhibiting the toxicity characteristic for metals and
			 containing PCBs
(a) Effective December
			 26, 2000, the following wastes are prohibited from land disposal: any volumes
			 of soil exhibiting the toxicity characteristic solely because of the presence
			 of metals (D004-D011) and containing PCBs.
(b) The requirements of paragraph (a) of this
			 section do not apply if:
(1)
(i) The wastes contain halogenated organic
			 compounds in total concentration less than 1,000 mg/kg; and
(ii) The wastes meet the treatment standards
			 specified in Subsection D of this Section for EPA hazardous waste numbers
			 D004-D011, as applicable; or (2)(i) The wastes contain halogenated organic
			 compounds in total concentration less than 1,000 mg/kg; and
(ii) The wastes meet the alternative
			 treatment standards specified in § 268.49 for contaminated soil;
			 or
(3) Persons have been
			 granted an exemption from a prohibition pursuant to a petition under §
			 268.6, with respect to those wastes and units covered by the petition;
			 or
(4) The wastes meet applicable
			 alternative treatment standards established pursuant to a petition granted
			 under § 268.44.
§ 268.33
Waste specific
			 prohibitions-chlorinated aliphatic wastes
(a) Effective May 8, 2001, the wastes
			 specified in Section 261 of this Rule as EPA Hazardous Wastes Numbers K174, and
			 K175, soil and debris contaminated with these wastes, radioactive wastes mixed
			 with these wastes, and soil and debris contaminated with radioactive wastes
			 mixed with these wastes are prohibited from land disposal.
(b) The requirements of paragraph (a) of this
			 section do not apply if:
(1) The wastes meet
			 the applicable treatment standards specified in subsection D of this
			 section;
(2) Persons have been
			 granted an exemption from a prohibition pursuant to a petition under §
			 268.6, with respect to those wastes and units covered by the
			 petition;
(3) The wastes meet the
			 applicable treatment standards established pursuant to a petition granted under
			 § 268.44;
(4) Hazardous debris
			 has met the treatment standards in § 268.40 or the alternative treatment
			 standards in § 268.45; or
(5)
			 Persons have been granted an extension to the effective date of a prohibition
			 pursuant to § 268.5, with respect to these wastes covered by the
			 extension.
(c) To
			 determine whether a hazardous waste identified in this section exceeds the
			 applicable treatment standards specified in § 268.40, the initial
			 generator must test a sample of the waste extract or the entire waste,
			 depending on whether the treatment standards are expressed as concentrations in
			 the waste extract or the waste, or the generator may use knowledge of the
			 waste. If the waste contains regulated constituents in excess of the applicable
			 levels of subsection D of this section, the waste is prohibited from land
			 disposal, and all requirements of Section 268 are applicable, except as
			 otherwise specified.
(d) Disposal
			 of K175 wastes that have complied with all applicable § 268.40 treatment
			 standards must also be macroencapsulated in accordance with § 268.45 Table
			 1 unless the waste is placed in:
(1) A
			 Subtitle C monofill containing only K175 wastes that meet all applicable §
			 268.40 treatment standards; or
(2)
			 A dedicated Subtitle C landfill cell in which all other wastes being
			 co-disposed are at pH < 6.0.
§ 268.34
Waste specific
			 prohibitions - toxicity characteristic metal wastes
(a) Effective August 24, 1998, the following
			 wastes are prohibited from land disposal: the wastes specified in Section 261
			 as EPA Hazardous Waste numbers D004-D011 that are newly identified (i.e.
			 wastes, soil, or debris identified as hazardous by the Toxic Characteristic
			 Leaching Procedure but not the Extraction Procedure), and waste, soil, or
			 debris from mineral processing operations that is identified as hazardous by
			 the specifications at Section 261.
(b) Effective November 26, 1998, the
			 following waste is prohibited from land disposal: Slag from secondary lead
			 smelting which exhibits the toxicity characteristic due to the presence of one
			 or more metals.
(c) Effective May
			 26, 2000, the following wastes are prohibited from land disposal: newly
			 identified characteristic wastes from elemental phosphorus processing;
			 radioactive wastes mixed with EPA Hazardous wastes D004-D011 that are newly
			 identified (i.e. wastes, soil, or debris identified as hazardous by the Toxic
			 Characteristic Leaching Procedure but not the Extraction Procedure); or mixed
			 with newly identified characteristic mineral processing wastes, soil, or
			 debris.
(d) Between May 26, 1998
			 and May 26, 2000, newly identified characteristic wastes from elemental
			 phosphorus processing, radioactive waste mixed with D004-D011 wastes that are
			 newly identified (i.e. wastes, soil, or debris identified as hazardous by the
			 Toxic Characteristic Leaching Procedure but not the Extraction Procedure), or
			 mixed with newly identified characteristic mineral processing wastes, soil, or
			 debris may be disposed in a landfill or surface impoundment only if such unit
			 is in compliance with the requirements specified in § 268.5(h)(2) of this
			 section.
(e) The requirements of
			 paragraphs (a) and (b) of this section do not apply if:
(1) The wastes meet the applicable treatment
			 standards specified in subsection D of this section;
(2) Persons have been granted an exemption
			 from a prohibition pursuant to a petition under § 268.6, with respect to
			 those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate
			 treatment standards established pursuant to a petition granted under
			 §268.44; or
(4) Persons have
			 been granted an extension to the effective date of a prohibition pursuant to
			 §268.5, with respect to these wastes covered by the extension.
(f) To determine whether a
			 hazardous waste identified in this section exceeds the applicable treatment
			 standards specified in § 268.40, the initial generator must test a sample
			 of the waste extract or the entire waste, depending on whether the treatment
			 standards are expressed as concentrations in the waste extract or the waste, or
			 the generator may use knowledge of the waste. If the waste contains
			 constituents (including underlying hazardous constituents in characteristic
			 wastes) in excess of the applicable Universal Treatment Standard levels of
			 § 268.48 of this section, the waste is prohibited from land disposal, and
			 all requirements of section 268 are applicable, except as otherwise
			 specified.
§ 268.35
Waste specific prohibitions - petroleum refining wastes
(a) Effective February 8, 1999, the wastes
			 specified in § 261 as EPA Hazardous Wastes Numbers K169, K170, K171, and
			 K172, soils and debris contaminated with these wastes, radioactive wastes mixed
			 with these hazardous wastes, and soils and debris contaminated with these
			 radioactive mixed wastes, are prohibited from land disposal.
(b) The requirements of paragraph (a) of this
			 section do not apply if:
(1) The wastes meet
			 the applicable treatment standards specified in Subsection D of this
			 section;
(2) Persons have been
			 granted an exemption from a prohibition pursuant to a petition under §
			 268.6, with respect to those wastes and units covered by the
			 petition;
(3) The wastes meet the
			 applicable treatment standards established pursuant to a petition granted under
			 § 268.44;
(4) Hazardous debris
			 that have met treatment standards in § 268.40 or in the alternative
			 treatment standards in § 268.45; or
(5) Persons have been granted an extension to
			 the effective date of a prohibition pursuant to § 268.5, with respect to
			 these wastes covered by the extension.
(c) To determine whether a hazardous waste
			 identified in this section exceeds the applicable treatment standards specified
			 in § 268.40, the initial generator must test a sample of the waste extract
			 or the entire waste, depending on whether the treatment standards are expressed
			 as concentrations in the waste extract or the waste, or the generator may use
			 knowledge of the waste. If the waste contains constituents in excess of the
			 applicable Universal Treatment Standard levels of § 268.48, the waste is
			 prohibited from land disposal, and all requirements of this part are
			 applicable, except as otherwise specified.
§ 268.36
Waste specific
			 prohibitions- inorganic chemical wastes
(a) Effective May 20, 2002, the wastes
			 specified in 40 CFR part 261 as EPA Hazardous Wastes Numbers K176, K177, and
			 K178, and soil and debris contaminated with these wastes, radioactive wastes
			 mixed with these wastes, and soil and debris contaminated with radioactive
			 wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of paragraph (a) of this
			 section do not apply if:
(1) The wastes meet
			 the applicable treatment standards specified in subsection D of this
			 section;
(2) Persons have been
			 granted an exemption from a prohibition pursuant to a petition under §
			 268.6, with respect to those wastes and units covered by the
			 petition;
(3) The wastes meet the
			 applicable treatment standards established pursuant to a petition granted under
			 § 268.44;
(4) Hazardous debris
			 has met the treatment standards in § 268.40 or the alternative treatment
			 standards in § 268.45; or
(5)
			 Persons have been granted an extension to the effective date of a prohibition
			 pursuant to § 268.5, with respect to these wastes covered by the
			 extension.
(c) To
			 determine whether a hazardous waste identified in this section exceeds the
			 applicable treatment standards specified in § 268.40, the initial
			 generator must test a sample of the waste extract or the entire waste,
			 depending on whether the treatment standards are expressed as concentrations in
			 the waste extract or the waste, or the generator may use knowledge of the
			 waste. If the waste contains regulated constituents in excess of the applicable
			 subsection D levels, the waste is prohibited from land disposal, and all
			 requirements of this part are applicable, except as otherwise
			 specified.
§ 268.37
Waste specific prohibitions-ignitable and corrosive characteristic wastes
			 whose treatment standards were vacated
(a) Effective August 9, 1993, the wastes
			 specified in § 261.21 as D001 (and is not in the High TOC Ignitable
			 Liquids Subcategory), and specified in § 261.22 as D002, that are managed
			 in systems other than those whose discharge is regulated under the Clean Water
			 Act (CWA), or that inject in Class I deep wells regulated under the Safe
			 Drinking Water Act (SDWA), or that are zero dischargers that engage in
			 CWA-equivalent treatment before ultimate land disposal, are prohibited from
			 land disposal. CWA-equivalent treatment means biological treatment for
			 organics, alkaline chlorination or ferrous sulfate precipitation for cyanide,
			 precipitation/sedimentation for metals, reduction of hexavalent chromium, or
			 other treatment technology that can be demonstrated to perform equally or
			 greater than these technologies.
(b) Effective February 10, 1994, the wastes
			 specified in 261.21 as D001 (and is not in the High TOC Ignitable Liquids
			 Subcategory), and specified in § 261.22 as D002, that are managed in
			 systems defined in
			 40 CFR
			 144.6(e) and
			 146.6(e)
			 as Class V injection wells, that do not engage in CWA-equivalent treatment
			 before injection, are prohibited from land disposal.
§ 268.38
Waste specific
			 prohibitions-newly identified organic toxicity characteristic wastes and newly
			 listed coke by-product and chlorotoluene production wastes
(a) Effective December 19, 1994, the wastes
			 specified in 261.32 as EPA Hazardous Waste numbers K141, K142, K143, K144,
			 K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. In
			 addition, debris contaminated with EPA Hazardous Waste numbers F037, F038,
			 K107-K112, K117, K118, K123-K126, K131, K132, K136, U328, U353, U359, and soil
			 and debris contaminated with D012-D043, K141-K145, and K147-K151 are prohibited
			 from land disposal. The following wastes that are specified in 261.24, Table 1
			 as EPA Hazardous Waste numbers: D012, D013, D014, D015, D016, D017, D018, D019,
			 D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032,
			 D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, D043 that are not
			 radioactive, or that are managed in systems other than those whose discharge is
			 regulated under the Clean Water Act (CWA), or that are zero dischargers that do
			 not engage in CWA-equivalent treatment before ultimate land disposal, or that
			 are injected in Class I deep wells regulated under the Safe Drinking Water Act
			 (SDWA), are prohibited from land disposal. CWA-equivalent treatment means
			 biological treatment for organics, alkaline chlorination or ferrous sulfate
			 precipitation for cyanide, precipitation/ sedimentation for metals, reduction
			 of hexavalent chromium, or other treatment technology that can be demonstrated
			 to perform equally or better than these technologies.
(b) On September 19, 1996, radioactive wastes
			 that are mixed with D018-D043 that are managed in systems other than those
			 whose discharge is regulated under the Clean Water Act (CWA), or that inject in
			 Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or that
			 are zero dischargers that engage in CWA-equivalent treatment before ultimate
			 land disposal, are prohibited from land disposal. CWA-equivalent treatment
			 means biological treatment for organics, alkaline chlorination or ferrous
			 sulfate precipitation for cyanide, precipitation/ sedimentation for metals,
			 reduction of hexavalent chromium, or other treatment technology that can be
			 demonstrated to perform equally or greater than these technologies. Radioactive
			 wastes mixed with K141-K145, and K147-K151 are also prohibited from land
			 disposal. In addition, soil and debris contaminated with these radioactive
			 mixed wastes are prohibited from land disposal.
(c) Between December 19, 1994 and September
			 19, 1996, the wastes included in paragraphs (b) of this section may be disposed
			 in a landfill or surface impoundment, only if such unit is in compliance with
			 the requirements specified in § 268.5(h)(2) of this section.
(d) The requirements of paragraphs (a), (b),
			 and (c) of this section do not apply if:
(1)
			 The wastes meet the applicable treatment standards specified in Subsection D of
			 this section;
(2) Persons have been
			 granted an exemption from a prohibition pursuant to a petition under §
			 268.6, with respect to those wastes and units covered by the
			 petition;
(3) The wastes meet the
			 applicable alternate treatment standards established pursuant to a petition
			 granted under § 268.44;
(4)
			 Persons have been granted an extension to the effective date of a prohibition
			 pursuant to § 268.5, with respect to these wastes covered by the
			 extension.
(e) To
			 determine whether a hazardous waste identified in this section exceeds the
			 applicable treatment standards specified in § 268.40, the initial
			 generator must test a sample of the waste extract or the entire waste,
			 depending on whether the treatment standards are expressed as concentrations in
			 the waste extract or the waste, or the generator may use knowledge of the
			 waste. If the waste contains constituents in excess of the applicable
			 Subsection D levels, the waste is prohibited from land disposal, and all
			 requirements of section 268 are applicable, except as otherwise
			 specified.
§ 268.39
Waste specific prohibitions -- spent aluminum potliners; reactive; and
			 carbamate wastes
(a) On July 8, 1996,
			 the wastes specified in § 261.32 as EPA Hazardous Waste numbers K156-K159,
			 and K161; and in § 261.33 as EPA Hazardous Waste numbers P127, P128, P185,
			 P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373,
			 U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal.
			 In addition, soil and debris contaminated with these wastes are prohibited from
			 land disposal.
(b) On July 8, 1996,
			 the wastes identified in § 261.23 as D003 that are managed in systems
			 other than those whose discharge is regulated under the Clean Water Act (CWA),
			 or that inject in Class I deep wells regulated under the Safe Drinking Water
			 Act (SDWA), or that are zero dischargers that engage in CWA-equivalent
			 treatment before ultimate land disposal, are prohibited from land disposal.
			 This prohibition does not apply to unexploded ordnance and other explosive
			 devices which have been the subject of an emergency response. (Such D003 wastes
			 are prohibited unless they meet the treatment standard of DEACT before land
			 disposal (see § 268.40)).
(c)
			 On September 21, 1998, the wastes specified in § 261.32 as EPA Hazardous
			 Waste number K088 are prohibited from land disposal. In addition, soil and
			 debris contaminated with this waste are prohibited from land
			 disposal.
(d) On April 8, 1998,
			 radioactive wastes mixed with K088, K156-K159, K161, P127, P128, P185,
			 P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373,
			 U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal.
			 In addition, soil and debris contaminated with these radioactive mixed wastes
			 are prohibited from land disposal.
(e) Between July 8, 1996, and April 8, 1998,
			 the wastes included in paragraphs (a), (c), and (d) of this section may be
			 disposed in a landfill or surface impoundment, only if such unit is in
			 compliance with the requirements specified in § 268.5(h)(2).
(f) The requirements of paragraphs (a), (b),
			 (c), and (d) of this section do not apply if:
(1) The wastes meet the applicable treatment
			 standards specified in Section 268, Subsection D of this rule;
(2) Persons have been granted an exemption
			 from a prohibition pursuant to a petition under § 268.6, with respect to
			 those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate
			 treatment standards established pursuant to a petition granted under §
			 268.44;
(4) Persons have been
			 granted an extension to the effective date of a prohibition pursuant to §
			 268.5, with respect to these wastes covered by the extension.
(g) To determine whether a
			 hazardous waste identified in this section exceeds the applicable treatment
			 standards specified in § 268.40, the initial generator must test a sample
			 of the waste extract or the entire waste, depending on whether the treatment
			 standards are expressed as concentrations in the waste extract or the waste, or
			 the generator may use knowledge of the waste. If the waste contains
			 constituents in excess of the applicable Subsection D levels, the waste is
			 prohibited from land disposal, and all requirements of this Section 268 are
			 applicable, except as otherwise specified.
Subsection D
-- Treatment
			 Standards
§ 268.40
Applicability of Treatment Standards
(a) A prohibited waste identified in the
			 table "Treatment Standards for Hazardous Wastes" may be land disposed only if
			 it meets the requirements found in the table. For each waste, the table
			 identifies one of three types of treatment standard requirements:
(1) All hazardous constituents in the waste
			 or in the treatment residue must be at or below the values found in the table
			 for that waste ("total waste standards"); or
(2) The hazardous constituents in the extract
			 of the waste or in the extract of the treatment residue must be at or below the
			 values found in the table ("waste extract standards"); or
(3) The waste must be treated using the
			 technology specified in the table ("technology standard"), which are described
			 in detail in § 268.42, Table 1-Technology Codes and Description of
			 Technology-Based Standards.
(b) For wastewaters, compliance with
			 concentration level standards is based on maximums for any one day, except for
			 D004 through D011 wastes for which the previously promulgated treatment
			 standards based on grab samples remain in effect. For all nonwastewaters,
			 compliance with concentration level standards is based on grab sampling. For
			 wastes covered by the waste extract standards, the test Method 1311, the
			 Toxicity Characteristic Leaching Procedure found in "Test Methods for
			 Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as
			 incorporated by reference in § 260.11, must be used to measure compliance.
			 An exception is made for D004 and D008, for which either of two test methods
			 may be used: Method 1311, or Method 1310B, the Extraction Procedure Toxicity
			 Test. For wastes covered by a technology standard, the wastes may be land
			 disposed after being treated using that specified technology or an equivalent
			 treatment technology approved by the Administrator under the procedures set
			 forth in § 268.42(b).
(c) When
			 wastes with differing treatment standards for a constituent of concern are
			 combined for purposes of treatment, the treatment residue must meet the lowest
			 treatment standard for the constituent of concern.
(d) Notwithstanding the prohibitions
			 specified in paragraph (a) of this section, treatment and disposal facilities
			 may demonstrate (and certify pursuant to 268.7(b)(5)) compliance with the
			 treatment standards for organic constituents specified by a footnote in the
			 table "Treatment Standards for Hazardous Wastes" in this section, provided the
			 following conditions are satisfied:
(1) The
			 treatment standards for the organic constituents were established based on
			 incineration in units operated in accordance with the technical requirements of
			 Section 264, Subsection O, or based on combustion in fuel substitution units
			 operating in accordance with applicable technical requirements;
(2) The treatment or disposal facility has
			 used the methods referenced in paragraph (d)(1) of this section to treat the
			 organic constituents; and
(3) The
			 treatment or disposal facility may demonstrate compliance with organic
			 constituents if good-faith analytical efforts achieve detection limits for the
			 regulated organic constituents that do not exceed the treatment standards
			 specified in this section by an order of magnitude.
(e) For characteristic wastes (D001-D043)
			 that are subject to treatment standards in the following table "Treatment
			 Standards for Hazardous Wastes," and are not managed in a wastewater treatment
			 system that is regulated under the Clean Water Act (CWA), that is
			 CWA-equivalent, or that is injected into a Class I nonhazardous deep injection
			 well, all underlying hazardous constituents (as defined in § 268.2(i))
			 must meet Universal Treatment Standards, found in § 268.48, Table
			 Universal Treatment Standards, prior to land disposal as defined in §
			 268.2(c) of this rule.
(1) When these wastes
			 are managed in wastewater treatment systems regulated by the Clean Water Act
			 (CWA), compliance with the treatment standards must be achieved no later than
			 "end-of-pipe" as defined in § 268.2(k); or
(2) When these wastes are managed in
			 CWA-equivalent treatment systems and tank-based systems that discharge onto the
			 land, compliance with the treatment standards must be achieved no later than
			 the point the wastewater is released to the land (e.g., spray irrigation,
			 discharge to dry river beds, placed into evaporation ponds); or
(3) When these wastes are managed in Class I
			 nonhazardous injection wells, compliance with the treatment standards must be
			 achieved no later than the well head; or
(4) For all other, compliance with the
			 treatment standard must be met prior to land disposal as defined in §
			 268.2(c).
(f) The
			 treatment standards for F001-F005 nonwastewater constituents carbon disulfide,
			 cyclohexanone, and/or methanol apply to wastes which contain only one, two, or
			 three of these constituents. Compliance is measured for these constituents in
			 the waste extract from test Method 1311, the Toxicity Characteristic Leaching
			 Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical
			 Methods", EPA Publication SW-846, as incorporated by reference in §
			 260.11. If the waste contains any of these three constituents along with any of
			 the other 25 constituents found in F001-F005, then compliance with treatment
			 standards for carbon disulfide, cyclohexanone, and/or methanol are not
			 required.
(g) Between August 26,
			 1996 and March 4, 1999 the treatment standards for the wastes specified in
			 § 261.32 as EPA Hazardous Waste numbers K156-K161; and in § 261.33 as
			 EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199,
			 P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387,
			 U389-U396, U400-U404, U407, and U409-U411; and soil contaminated with these
			 wastes; may be satisfied by either meeting the constituent concentrations
			 presented in the table "Treatment Standards for Hazardous Wastes" in this
			 section, or by treating the waste by the following technologies: combustion, as
			 defined by the technology code CMBST at §268.42 Table 1, for
			 non-wastewaters; and, biodegradation as defined by the technology code BIODG,
			 carbon adsorption as defined by the technology code CARBN, chemical oxidation
			 as defined by the technology code CHOXD, or combustion as defined as technology
			 code CMBST at §268.42 Table 1, for wastewaters.
(h) Prohibited D004-D011 mixed radioactive
			 wastes and mixed radioactive listed wastes containing metal constituents, that
			 were previously treated by stabilization to the treatment standards in effect
			 at that time and then put into storage, do not have to be re-treated to meet
			 treatment standards in this section prior to land disposal.
(i) Zinc-containing fertilizers that are
			 produced for the general public's use and that are produced from or contain
			 recycled characteristic hazardous wastes (D004-D011) are subject to the
			 applicable treatment standards in § 268.41 contained in the 40 CFR, parts
			 260-299, edtion revised as of July 1, 1990.
(j) Effective September 4, 1998, the
			 treatment standards for the wastes specified in § 261.33 as EPA hazardous
			 waste numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by
			 either meeting the constituent concentrations presented in the table "Treatment
			 Standards for Hazardous Wastes" in this subsection, or by treating the waste by
			 the following technologies: combustion, as defined by the technology code CMBST
			 at § 268.42 Table 1 of this Section, for nonwastewaters; and
			 biodegradation , as defined by the technology code BIODG, carbon absorption as
			 defined by the technology code CARBN, chemical oxidation as defined by the
			 technology code of CHOXD, or combustion, as defined by the technology code
			 CMBST at § 268.42 Table 1 of this Section, for wastewaters.
Note: The treatment standards that heretofore appeared
				in tables in §§ 268.41, 268.42, and 268.43 of this section have been
				consolidated into the table "Treatment Standards for Hazardous Wastes" in this
				section.
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§
			 268.41
Treatment standards expressed as concentrations in
			 waste extract
For the requirements previously found in this section and for
				treatment standards in Table CCWE-Constituent Concentrations in Waste Extracts,
				refer to § 268.40.
§
			 268.42
Treatment standards expressed as specified
			 technologies
Note: For the requirements previously found in this section in
				Table 2-Technology-Based Standards By RCRA Waste Code, and Table
				3-Technology-Based Standards for Specific Radioactive Hazardous Mixed Waste,
				refer to § 268.40.
(a) The
			 following wastes in the table in § 268.40 "Treatment Standards for
			 Hazardous Wastes," for which standards are expressed as a treatment method
			 rather than a concentration level, must be treated using the technology or
			 technologies specified in the table entitled "Technology Codes and Description
			 of Technology-Based Standards" in this section.
(1) Liquid hazardous wastes containing
			 polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50
			 ppm but less than 500 ppm must be incinerated in accordance with the technical
			 requirements of
			 40
			 CFR 761.70 or burned in high efficiency
			 boilers in accordance with the technical requirements of
			 40 CFR
			 761.60. Liquid hazardous wastes containing
			 polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 500
			 ppm must be incinerated in accordance with the technical requirements of
			 40
			 CFR 761.70.
Thermal treatment under this section must also be in compliance
				with applicable rules in sections 264, 265, and 266.
(2) Nonliquid hazardous wastes containing
			 halogenated organic compounds (HOCs) in total concentration greater than or
			 equal to 1,000 mg/kg and liquid HOC-containing wastes that are prohibited under
			 § 268.32(e)(1) of this section must be incinerated in accordance with the
			 requirements of section 264, Subsection O, or section 265, Subsection O. These
			 treatment standards do not apply where the waste is subject to a section 268,
			 Subsection D, treatment standard for specific HOC (such as a hazardous waste
			 chlorinated solvent for which a treatment standard is established under §
			 26841(a)).
(3) A mixture consisting
			 of wastewater, the discharge of which is subject to regulation under either
			 section 402 or section 307(b) of the Clean Water Act, and de minimis losses of
			 materials from manufacturing operations in which these materials are used as
			 raw materials or are produced as products in the manufacturing process, and
			 that meet the criteria of the D001 ignitable liquids containing greater than
			 10% total organic constituents (TOC) subcategory, is subject to the DEACT
			 treatment standard described in Table 1 of this section. For purposes of this
			 paragraph, de minimis losses include those from normal material handling
			 operations (eg, spills from the unloading or transfer of materials from bins or
			 other containers, leaks from pipes, valves or other devices used to transfer
			 materials); minor leaks from process equipment, storage tanks, or containers;
			 leaks from well-maintained pump packings and seals; sample purgings; and relief
			 device discharges.
Table 1
Technology Codes and Description of Technology-Based
				Standards
Technology Description of technology-based standards
				Code
ADGAS:
Venting of compressed gases into an
				absorbing or reacting media (ie, solid or liquid)-venting can be accomplished
				through physical release utilizing valves/piping; physical penetration of the
				container; and/or penetration through detonation
AMLGM
: Amalgamation of liquid, elemental mercury
				contaminated with radioactive materials utilizing inorganic reagents such as
				copper, zinc, nickel, gold, and sulfur that result in a nonliquid, semi-solid
				amalgam and thereby reducing potential emissions of elemental mercury vapors to
				the air
BIODG
: Biodegradation of organics or non-metallic
				inorganics (ie, degradable inorganics that contain the elements of phosphorus,
				nitrogen, and sulfur) in units operated under either aerobic or anaerobic
				conditions such that a surrogate compound or indicator parameter has been
				substantially reduced in concentration in the residuals (eg, Total Organic
				Carbon can often be used as an indicator parameter for the biodegradation of
				many organic constituents that cannot be directly analyzed in wastewater
				residues)
CARBN
: Carbon adsorption (granulated or powdered)
				of non-metallic inorganics, organo-metallics, and/or organic constituents,
				operated such that a surrogate compound or indicator parameter has not
				undergone breakthrough (eg, Total Organic Carbon can often be used as an
				indicator parameter for the adsorption of many organic constituents that cannot
				be directly analyzed in wastewater residues) Breakthrough occurs when the
				carbon has become saturated with the constituent (or indicator parameter) and
				substantial change in adsorption rate associated with that constituent
				occurs
CHOXD
: Chemical or electrolytic oxidation
				utilizing the following oxidation reagents (or waste reagents) or combinations
				of reagents:
(1)
			 Hypochlorite (eg bleach);
(2) 
			 chlorine;
(3) chlorine
			 dioxide;
(4) ozone or UV
			 (ultraviolet light) assisted ozone;
(5) peroxides;
(6) persulfates;
(7) perchlorates;
(8) permangantes; and/or
(9) other oxidizing reagents of equivalent
			 efficiency, performed in units operated such that a surrogate compound or
			 indicator parameter has been substantially reduced in concentration in the
			 residuals (eg, Total Organic Carbon can often be used as an indicator parameter
			 for the oxidation of many organic constituents that cannot be directly analyzed
			 in wastewater residues) Chemical oxidation specifically includes what is
			 commonly referred to as alkaline chlorination
CHRED
: Chemical reduction utilizing the following
				reducing reagents (or waste reagents) or combinations of reagents:
(1) Sulfur dioxide;
(2) sodium, potassium, or alkali
			 salts or sulfites, bisulfites, metabisulfites, and polyethylene glycols (eg,
			 NaPEG and KPEG);
(3) sodium
			 hydrosulfide;
(4) ferrous salts;
			 and/or
(5)  other reducing reagents
			 of equivalent efficiency, performed in units operated such that a surrogate
			 compound or indicator parameter has been substantially reduced in concentration
			 in the residuals (eg, Total Organic Halogens can often be used as an indicator
			 parameter for the reduction of many halogenated organic constituents that
			 cannot be directly analyzed in wastewater residues) Chemical reduction is
			 commonly used for the reduction of hexavalent chromium to the trivalent
			 state
CMBST:
High temperature organic destruction
				technologies, such as combustion in incinerators, boilers, or industrial
				furnaces operated in accordance with the applicable requirements of 40 CFR part
				264, subpart O, or Section 265, subsection O, or Section 266, subsection H, and
				in other units operated in accordance with applicable technical operating
				requirements; and certain non-combustive technologies, such as the Catalytic
				Extraction Process
DEACT
: Deactivation to remove the hazardous
				characteristics of a waste due to its ignitability, corrosivity, and/or
				reactivity
FSUBS
: Fuel substitution in units operated in
				accordance with applicable technical operating requirements
HLVIT
: Vitrification of high level mixed
				radioactive wastes in units in compliance with all applicable radioactive
				protection requirements under control of the Nuclear Regulatory
				Commission
IMERC
: Incineration of wastes containing organics
				and mercury in units operated in accordance with the technical operating
				requirements of Section 264 subsection 0 and Section 265 subsection 0 All
				wastewater and nonwastewater residues derived from this process must then
				comply with the corresponding treatment standards per waste code with
				consideration of any applicable subcategories (eg, High or Low Mercury
				Subcategories)
INCIN
: Incineration in units operated in
				accordance with the technical operating requirements of Section 264 Subsection
				0 and Section 265 Subsection 0
LLEXT
: Liquid-liquid extraction (often referred to
				as solvent extraction) of organics from liquid wastes into an immiscible
				solvent for which the hazardous constituents have a greater solvent affinity,
				resulting in an extract high in organics that must undergo either incineration,
				reuse as a fuel, or other recovery/reuse and a raffinate (extracted liquid
				waste) proportionately low in organics that must undergo further treatment as
				specified in the standard
MACRO
: Macroencapsulation with surface coating
				materials such as polymeric organics (eg resins and plastics) or with a jacket
				of inert inorganic materials to substantially reduce surface exposure to
				potential leaching media Macroencapsulation specifically does not include any
				material that would be classified as a tank or container according to
				§260.10
NEUTR
: Neutralization with the following reagents
				(or waste reagents) or combinations of reagents:
(1) Acids;
(2) bases; or
(3) water (including wastewaters) resulting
			 in a pH greater than 2 but less than 125 as measured in the aqueous
			 residuals
NLDBR
: No land disposal based on recycling
PRECP
: Chemical precipitation of metals and other
				inorganics as insoluble precipitates of oxides, hydroxides, carbonates,
				sulfides, sulfates, chlorides, flourides, or phosphates The following reagents
				(or waste reagents) are typically used alone or in combination:
(1) Lime (ie, containing oxides and/or
			 hydroxides of calcium and/or magnesium;
(2) caustic (ie, sodium and/or potassium
			 hydroxides;
(3) soda ash (ie,
			 sodium carbonate);
(4) sodium
			 sulfide;
(5) ferric sulfate or
			 ferric chloride;
(6) alum;
			 or
(7) sodium sulfate Additional
			 floculating, coagulation or similar reagents/processes that enhance sludge
			 dewatering characteristics are not precluded from use
POLYM:
Formation of complex high-molecular weight
				solids through polymerization of monomers in high-TOC D001 non-wastewaters
				which are chemical components in the manufacture of plastics
RBERY
: Thermal recovery of Beryllium
RCGAS
: Recovery/reuse of compressed gases
				including techniques such as reprocessing of the gases for reuse/resale;
				filtering/adsorption of impurities; remixing for direct reuse or resale; and
				use of the gas as a fuel source
RCORR
: Recovery of acids or bases utilizing one or
				more of the following recovery technologies:
(1) Distillation (ie, thermal
			 concentration);
(2)  ion
			 exchange;
(3) resin or solid
			 adsorption;
(4) reverse osmosis;
			 and/or
(5)  incineration for the
			 recovery of acid-Note: this does not preclude the use of other physical phase
			 separation or concentration techniques such as decantation, filtration
			 (including ultrafiltration), and centrifugation, when used in conjunction with
			 the above listed recovery technologies
RLEAD
: Thermal recovery of lead in secondary lead
				smelters
RMERC
: Retorting or roasting in a thermal
				processing unit capable of volatilizing mercury and subsequently condensing the
				volatilized mercury for recovery The retorting or roasting unit (or facility)
				must be subject to one or more of the following:
(a) a National Emissions Standard for
			 Hazardous Air Pollutants (NESHAP) for mercury; (b) a Best Available Control
			 Technology (BACT) or a Lowest Achievable Emission Rate (LAER) standard for
			 mercury imposed pursuant to a Prevention of Significant Deterioration (PSD)
			 permit; or (c) a state permit that establishes emission limitations (within
			 meaning of section 302 of the Clean Air Act) for mercury All wastewater and
			 nonwastewater residues derived from this process must then comply with the
			 corresponding treatment standards per waste code with consideration of any
			 applicable subcategories (eg, High or Low Mercury Subcategories)
RMETL
: Recovery of metals or inorganics utilizing
				one or more of the following direct physical/removal technologies:
(1) Ion exchange;
(2) resin or solid (ie, zeolites)
			 adsorption;
(3) reverse
			 osmosis;
(4) chelation/solvent
			 extraction;
(5)  freeze
			 crystalization;
(6) ultrafiltration
			 and/or
(7) simple precipitation (ie,
			 crystalization) - Note: This does not preclude the use of other physical phase
			 separation or concentration techniques such as decantation, filtration
			 (including ultrafiltration), and centrifugation, when used in conjunction with
			 the above listed recovery technologies
RORGS
: Recovery of organics utilizing one or more
				of the following technologies:
(1)
			 Distillation;
(2) thin film
			 evaporation;
(3) steam
			 stripping;
(4)  carbon
			 adsorption;
(5) critical fluid
			 extraction;
(6) liquid-liquid
			 extraction;
(7)
			 precipitation/crystalization (including freeze crystallization); or
(8)  chemical phase separation techniques
			 (ie, addition of acids, bases, demulsifiers, or similar chemicals); - Note:
			 this does not preclude the use of other physical phase separation techniques
			 such as a decantation, filtration (including ultrafiltration), and
			 centrifugation, when used in conjunction with the above listed recovery
			 technologies
RTHRM
: Thermal recovery of metals or inorganics
				from nonwastewaters in units identified as industrial furnaces according to
				26010 (1), (6), (7), (11), and (12) under the definition of "industrial
				furnaces"
RZINC
: Resmelting in high temperature metal
				recovery units for the purpose of recovery of zinc
STABL
: Stabilization with the following reagents
				(or waste reagents) or combinations of reagents:
(1) Portland cement; or
(2) lime/pozzolans (eg, fly ash and cement
			 kiln dust) - this does not preclude the addition of reagents (eg, iron salts,
			 silicates, and clays) designed to enhance the set/cure time and/or compressive
			 strength, or to overall reduce the leachability of the metal or inorganic
SSTRP
: Steam stripping of organics from liquid
				wastes utilizing direct application of steam to the wastes operated such that
				liquid and vapor flow rates, as well as temperature and pressure ranges, have
				been optimized, monitored, and maintained These operating parameters are
				dependent upon the design parameters of the unit, such as the number of
				separation stages and the internal column design, thus resulting in a condensed
				extract high in organics that must undergo either incineration, reuse as a
				fuel, or other recovery/reuse and an extracted wastewater that must undergo
				further treatment as specified in the standard
WETOX:
Wet air oxidation performed in units
				operated such that a surrogate compound or indicator parameter has been
				substantially reduced in concentration in the residuals (eg, Total Organic
				Carbon can often be used as an indicator parameter for the oxidation of many
				organic constituents that cannot be directly analyzed in wastewater
				residues)
WTRRX:
Controlled reaction with water for highly
				reactive inorganic or organic chemicals with precautionary controls for
				protection of workers from potential violent reactions as well as precautionary
				controls for potential emissions of toxic/ignitable levels of gases released
				during the reaction
Note 1: When a combination of these technologies (ie, a
				treatment train) is specified as a single treatment standard, the order of
				application is specified in § 26842, Table 2 by indicating the five letter
				technology code that must be applied first, then the designation "fb" (an
				abbreviation for "followed by"), then the five letter technology code for the
				technology that must be applied next, and so on
Note 2: When more than one technology (or treatment train) are
				specified as alternative treatment standards, the five letter technology codes
				(or the treatment trains) are separated by a semicolon (;) with the last
				technology preceded by the word "OR" This indicates that any one of these BDAT
				technologies or treatment trains can be used for compliance with the
				standard
(b) Any
			 person may submit an application to the EPA Administrator demonstrating that an
			 alternative treatment method can achieve a measure of performance equivalent to
			 that achieved by methods specified in paragraphs (a), (c), and (d) of this
			 section for wastes or specified in Table 1 of § 268.45 for hazardous
			 debris. The applicant must submit information demonstrating that his treatment
			 method is in compliance with federal, state, and local requirements and is
			 protective of human health and the environment. On the basis of such
			 information and any other available information, the Administrator may approve
			 the use of the alternative treatment method if he finds that the alternative
			 treatment method provides a measure of performance equivalent to that achieved
			 by methods specified in paragraphs (a), (c), and (d) of this section for wastes
			 or in Table 1 of § 268.45 for hazardous debris. Any approval must be
			 stated in writing and may contain such provisions and conditions as the
			 Administrator deems appropriate. The person to whom such approval is issued
			 must comply with all limitations contained in such a determination.
(c) As an alternative to the otherwise
			 applicable Subsection D treatment standards, lab packs are eligible for land
			 disposal provided the following requirements are met:
(1) The lab packs comply with the applicable
			 provisions of § 264.316 and § 265.316;
(2) The lab pack does not contain any of the
			 wastes listed in Appendix IV to Section 268;
(3) The lab packs are incinerated in
			 accordance with the requirements of Section 264, subsection O or Section 265,
			 subsection O; and
(4) Any
			 incinerator residues from lab packs containing D004, D005, D006, D007, D008,
			 D010, and D011 are treated in compliance with the applicable treatment
			 standards specified for such wastes in Subsection D of this section.
(d) Radioactive hazardous mixed
			 wastes are subject to the treatment standards in § 268.40. Where treatment
			 standards are specified for radioactive mixed wastes in the Table of Treatment
			 Standards, those treatment standards will govern. Where there is no specific
			 treatment standard for radioactive mixed waste, the treatment standard for the
			 hazardous waste (as designated by EPA waste code) applies. Hazardous debris
			 containing radioactive waste is subject to the treatment standards specified in
			 § 268.45.*
§
			 268.43
Treatment standards expressed as waste
			 concentrations
For the requirements previously found in this section and for
				treatment standards in Table CCW-Constituent Concentrations in Wastes, refer to
				§ 268.40.
§
			 268.44
Variance from a treatment standard
(a) Based on a petition filed by a generator
			 or treater of hazardous waste, the Administrator may approve a variance from an
			 applicable treatment standard if:
(1) It is
			 not physically possible to treat the waste to the level specified in the
			 treatment standard, or by the method specified as the treatment standard. To
			 show that this is the case, the petitioner must demonstrate that because the
			 physical or chemical properties of the waste differ significantly from waste
			 analyzed in developing the treatment standard, the waste cannot be treated to
			 the specified level or by the specified method; or
(2) It is inappropriate to require the waste
			 to be treated to the level specified in the treatment standard or by the method
			 specified as the treatment standard, even though such treatment is technically
			 possible. To show that this is the case, the petitioner must either demonstrate
			 that:
(i) Treatment to the specified level or
			 by the specified method is technically inappropriate (for example, resulting in
			 combustion of large amounts of mildly contaminated environmental media);
			 or
(ii) For remediation waste only,
			 treatment to the specified level or by the specified method is environmentally
			 inappropriate because it would likely discourage aggressive
			 remediation.
(b) Each petition must be submitted in
			 accordance with the procedures in § 260.20.
(c) Each petition must include the following
			 statement signed by the petitioner or an authorized representative:
"I certify under penalty of law that I have personally examined
				and am familiar with the information submitted in this petition and all
				attached documents, and that, based on my inquiry of those individuals
				immediately responsible for obtaining the information, I believe that the
				submitted information is true, accurate, and complete I am aware that there are
				significant penalties for submitting false information, including the
				possibility of fine and imprisonment"
(d) After receiving a petition for variance
			 from a treatment standard, the Administrator may request any additional
			 information or samples which he may require to evaluate the petition.
			 Additional copies of the complete petition may be requested as needed to send
			 to affected states and Regional Offices.
(e) The Administrator will give public notice
			 in the Federal Register of the intent to approve or deny a petition and provide
			 an opportunity for public comment. The final decision on a variance from a
			 treatment standard will be published in the Federal Register.
(f) A generator, treatment facility, or
			 disposal facility that is managing a waste covered by a variance from the
			 treatment standards must comply with the waste analysis requirements for
			 restricted wastes found under § 268.7.
(g) During the petition review process, the
			 applicant is required to comply with all restrictions on land disposal under
			 this section once the effective date for the waste has been reached.
(h) Based on a petition filed by a generator
			 or treater of hazardous waste, the EPA Administrator or his or her delegated
			 representative may approve a site-specific variance from an applicable
			 treatment standard if:
(1) It is not
			 physically possible to treat the waste to the level specified in the treatment
			 standard, or by the method specified as the treatment standard. To show that
			 this is the case, the petitioner must demonstrate that because the physical or
			 chemical properties of the waste differ significantly from waste analyzed in
			 developing the treatment standard, the waste cannot be treated to the specified
			 level or by the specified method; or
(2) It is inappropriate to require the waste
			 to be treated to the level specified in the treatment standard or by the method
			 specified as the treatment standard, even though such treatment is technically
			 possible. To show that this is the case, the petitioner must either demonstrate
			 that:
(i) Treatment to the specified level or
			 by the specified method is technically inappropriate (for example, resulting in
			 combustion of large amounts of mildly contaminated environmental media where
			 the treatment standard is not based on combustion of such media); or
(ii) For remediation waste only, treatment to
			 the specified level or by the specified method is environmentally inappropriate
			 because it would likely discourage aggressive remediation.
(3) For contaminated soil only, treatment to
			 the level or by the method specified in the soil treatment standards would
			 result in concentrations of hazardous constituents that are below (ie, lower
			 than) the concentrations necessary to minimize short- and long-term threats to
			 human health and the environment. Treatment variances approved under this
			 paragraph must:
(i) At a minimum, impose
			 alternative land disposal restriction treatment using a reasonable maximum
			 exposure scenario.
(A) For carcinogens,
			 achieve constituent concentrations that result in the total excess risk to an
			 individual exposed over a lifetime generally falling within a range from
			 10-4 to 10-6 ;
			 and
(B) For constituents with
			 non-carcinogenic effects, achieve constituent concentrations that an individual
			 could be exposed to on a daily basis without appreciable risk of deleterious
			 effect during a lifetime.
(ii) Not consider post-land-disposal
			 controls.
(4) For
			 contaminated soil only, treatment to the level or by the method specified in
			 the soil treatment standards would result in concentrations of hazardous
			 constituents that are below (ie, lower than) natural background concentrations
			 at the site where the contaminated soil will be land disposed.
(5) Public notice and a reasonable
			 opportunity for public comment must be provided before granting or denying a
			 petition.
(i) Each
			 application for a site-specific variance from a treatment standard must include
			 the information in § 260.20(b)(1)-(4);
(j) After receiving an application for a
			 site-specific variance from a treatment standard, the Assistant Administrator,
			 or his delegated representative, may request any additional information or
			 samples which may be required to evaluate the application.
(k) A generator, treatment facility, or
			 disposal facility that is managing a waste covered by a site-specific variance
			 from a treatment standard must comply with the waste analysis requirements for
			 restricted wastes found under § 268.7.
(l) During the application review process,
			 the applicant for a site-specific variance must comply with all restrictions on
			 land disposal under this section once the effective date for the waste has been
			 reached.
(m) For all variances, the
			 petitioner must also demonstrate that compliance with any given treatment
			 variance is sufficient to minimize threats to human health and the environment
			 posed by land disposal of the waste. In evaluating this demonstration, EPA may
			 take into account whether a treatment variance should be approved if the
			 subject waste is to be used in a manner constituting disposal pursuant to
			 §§ 266.20 through 266.23.
(n) [Reserved]
(o) The following facilities are excluded
			 from the treatment standard under § 268.43(a), Table CCW, and are subject
			 to the following constituent concentrations:
NONE LISTED
§ 268.45
Treatment standards for
			 hazardous debris
(a) Treatment
			 standards: Hazardous debris must be treated prior to land disposal as follows
			 unless the Division or EPA determines under §261.3(f)(2) of this rule that
			 the debris is no longer contaminated with hazardous waste or the debris is
			 treated to the waste-specific treatment standard provided in this subsection
			 for the waste contaminating the debris:
(1)
			 General. Hazardous debris must be treated for each "contaminant subject to
			 treatment" defined by paragraph (b) of this section using the technology or
			 technologies identified in Table 1 of this section.
(2) Characteristic debris. Hazardous debris
			 that exhibits the characteristic of ignitability, corrosivity, or reactivity
			 identified under §§ 261.21, 261.22, and 261.23 of this chapter,
			 respectively, must be deactivated by treatment using one of the technologies
			 identified in Table 1 of this section.
(3) Mixtures of debris types The treatment
			 standards of Table 1 in this section must be achieved for each type of debris
			 contained in a mixture of debris types If an immobilization technology is used
			 in a treatment train, it must be the last treatment technology used.
(4) Mixtures of contaminant types. Debris
			 that is contaminated with two or more contaminants subject to treatment
			 identified under paragraph (b) of this section must be treated for each
			 contaminant using one or more treatment technologies identified in Table 1 of
			 this section. If an immobilization technology is used in a treatment train, it
			 must be the last treatment technology used.
(5) Waste PCBs. Hazardous debris that is also
			 a waste PCB under 40 CFR Part 761 is subject to the requirements of either 40
			 CFR Part 761 or the requirements of this section, whichever are more
			 stringent.
(b)
			 Contaminants subject to treatment. Hazardous debris must be treated for each
			 "contaminant subject to treatment." The contaminants subject to treatment must
			 be determined as follows:
(1) Toxicity
			 characteristic debris. The contaminants subject to treatment for debris that
			 exhibits the Toxicity Characteristic (TC) by § 261.24 of this chapter are
			 those EP constituents for which the debris exhibits the TC toxicity
			 characteristic.
(2) Debris
			 contaminated with listed waste. The contaminants subject to treatment for
			 debris that is contaminated with a prohibited listed hazardous waste are those
			 constituents or wastes for which treatment standards are established for the
			 waste under § 268.40.
(3)
			 Cyanide-reactive debris. Hazardous debris that is reactive because of cyanide
			 must be treated for cyanide.
(c) Conditioned exclusion of treated debris.
			 Hazardous debris that has been treated using one of the specified extraction or
			 destruction technologies in Table 1 of this section and that does not exhibit a
			 characteristic of hazardous waste identified under Subsection C, section 261,
			 of this chapter after treatment is not a hazardous waste and need not be
			 managed in a subtitle C facility. Hazardous debris contaminated with a listed
			 waste that is treated by an immobilization technology specified in Table 1 is a
			 hazardous waste and must be managed in a subtitle C facility.
(d) Treatment residuals-
(1) General requirements. Except as provided
			 by paragraphs (d)(2) and (d)(4) of this section:
(i) Residue from the treatment of hazardous
			 debris must be separated from the treated debris using simple physical or
			 mechanical means; and
(ii) Residue
			 from the treatment of hazardous debris is subject to the waste-specific
			 treatment standards provided by Subsection D of this section for the waste
			 contaminating the debris.
(2) Nontoxic debris. Residue from the
			 deactivation of ignitable, corrosive, or reactive characteristic hazardous
			 debris (other than cyanide-reactive) that is not contaminated with a
			 contaminant subject to treatment defined by paragraph (b) of this section, must
			 be deactivated prior to land disposal and is not subject to the waste-specific
			 treatment standards of Subsection D of this section.
Table 1. Alternative Treatment Standards for Hazardous
				Debris1
Technology description
Performance and/or design and operating
						  standard
Contaminant
						  restrictions2
A. Extraction Technologies
1. Physical Extraction
a. Abrasive Blasting Removal of contaminated debris
						  surface layers using water and/or air pressure to propel a solid media(e.g.,
						  steel shot, aluminum oxide grit, plastic beads).
Glass, Metal, Plastic, Rubber: Treatment to a clean
						  debris surface.3
Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood:
						  Removal of at least 0.6 cm of the surface layer; treatment to a clean debris
						  surface.3
All debris: None.
b. Scarification, Grinding, and Planing: Process
						  utilizing striking piston heads, saws, or rotating grinding wheels such that
						  contaminated debris surface layers are removed.
Same as above.
Same as above.
c. Spalling: Drilling or chipping holes at appropriate
						  locations and depth in the contaminated debris surface and applying a tool
						  which exerts a force on the sides of those holes such that the surface layer is
						  removed. The surface layer removed remains hazardous debris subject to the
						  debris treatment standards.
Same as above.
Same as above.
d. Vibratory Finishing: Process utilizing scrubbing
						  media, flushing fluid, and oscillating energy such that hazardous contaminants
						  or
Same as above.
Same as above.
contaminated debris surface layers are
						  removed.4
e. High Pressure Steam and Water Sprays: Application of
						  water or steam sprays of sufficient temperature, pressure, residence time,
						  agitation, surfactants, and detergents to remove hazardous contaminants from
						  debris surfaces or to remove contaminated debris surface layers.
Same as above.
Same as above.
2. Chemical Extraction
a. Water Washing and Spraying: Application of water
						  sprays or water baths of sufficient temperature, pressure, residence time,
						  agitation, surfactants, acids, bases, and detergents to remove hazardous
						  contaminants from debris surfaces and surface pores or to remove contaminated
						  debris surface layers.
All Debris: Treatment to a clean debris
						  surface3; Brick, Cloth, Concrete, Paper, Pavement,
						  Rock, Debris must be no more than 1.2 cm (1/2 inch) in one dimension (i.e.,
						  thickness limit,5 except that this thickness limit
						  may be waived under an "Equivalent Technology" approval under
						  §268.42(b);8 debris surfaces must be in contact
						  with water solution for at least 15 minutes.
Brick, Cloth, Concrete, Wood: Paper, Pavement, Wood:
						  Contaminant must be soluble to at least 5% by weight in water solution or by
						  weight in emulsion; if debris is contaminated with a dioxin-listed
						  waste,6 an "Equivalent Technology" approval under
						  §268.42(b) must be ontained.8
b. Liquid Phase Solvent Extraction: Removal of
						  hazardous contaminant from debris surfaces and surface pores by applying a
						  nonaqueous liquid or liquid solution which causes the hazardous contaminants to
						  enter the liquid phase and be flushed away from the debris along with the
						  liquid solution while using appropriate agitation, temperature, and residence
						  time.
Same as above.
Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood:
						  same as above, except that contaminant must be soluble to at least 5% by weight
						  in the solvent.
c. Vapor Phase Solvent Extraction: Application of an
						  organic vapor using sufficient agitation, residence time, and temperature to
						  cause hazardous contaminants on contaminated debris surfaces and surface pores
						  to enter the vapor phase and be flushed away with the organic
						  vapor.4
Same as above, except that brick, cloth, concrete,
						  paper, pavement, rock and wood surfaces must be in contact with the organic
						  vapor for at least 60 minutes.
Same as above.
3. Thermal Extraction
a. High Temperature Metals Recovery: Application of
						  sufficient heat, residence time, mixing, fluxing agents, and/or carbon in a
						  smelting, melting, or refining furnace to separate metals from debris.
For refining furnaces, treated debris must be separated
						  from treatment residuals using simple physical or mechanical
						  means,9 and, prior to further treatment, such
						  residuals must meet the waste-specific treatment standards for organic
						  compounds in the waste contaminating the debris.
Debris contaminated with a dioxin listed
						  waste:5 .Obtain an "Equivalent Technology" approval
						  under §268.42(b)8
b. Thermal Desorption: Heating in an enclosed chamber
						  under either oxidizing or nonoxidizing atmospheres at sufficient temperature
						  and residence time to vaporize hazardous contaminants from contaminated
						  surfaces and surface pores ant to remove the contaminants from the heating
						  chamber in a gaseous exhaust gas.7
All Debris: 
						  5 Obtain an "Equivalent
						  Technology" approval under §268.42(b);8 treated
						  debris must be separated from treatment residuals using simple physical or
						  mechanical means,9 and, prior to further treatment,
						  such residue must meet the waste-specific treatment standards for organic
						  compounds in the waste contaminating the debris.
Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood:
						  Debris must be no more than 10 cm (4 inches) in one dimension (i.e., thickness
						  limit),5 texcept that this thickness limit may be
						  waived under the "Equivalen
All Debris: Metals other than mercury.
Technology" approval.
Technology description
Performance and/or design and operating
						  standard
Contaminant
						  restrictions2
B. Destruction Technologies:
1. Biological Destruction
(Biodegradation): Removal of hazardous contaminants
						  from debris surfaces and surface pores in an aqueous solution and
						  biodegradation of organic or nonmetallic inorganic compounds (i.e., inorganics
						  that contain phosphorus, nitrogen, or sulfur) in units operated under either
						  aerobic or anaerobic conditions.
All Debris: 
						  5 Obtain an "Equivalent
						  Technology" approval under §268.42(b);8 treated
						  debris must be separated from treatment residuals using simple physical or
						  mechanical means,9 and, prior to further treatment,
						  such residue must meet the waste-specific treatment standards for organic
						  compounds in the waste contaminating the debris.
Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood:
						  Debris must be no more than 1.2 cm (1/2 inches) in one dimension (i.e.,
						  thickness limit),5 except that this thickness limit
						  may be waived under the "Equivalent Technology" approval.
All Debris: Metal contaminants
2. Chemical Destruction
a. Chemical Oxidation: Chemical or electrolytic
						  oxidation utilizing the following oxidation reagents ( or waste reagents) or
						  combination of reagents -(1) hypochlorite (e.g., bleach); (2) chlorine; (3)
						  chlorine dioxide; (4) ozone or UV (Ultraviolet light) assisted ozone; (5)
						  peroxides; (6) persulfates; (7) perchlorates; (8) permanganates; and/or (9)
						  other oxidizing reagents of
All Debris: 
						  5; Obtain an "Equivalent
						  Technology" approval under §268.42(b)8 treated
						  debris must be separated from treatment residuals using simple physical or
						  mechanical means,9. and, prior to further treatment,
						  such residue must meet the waste-specific treatment standards for organic
						  compounds in the waste contaminating the debris
All Debris: Metal contaminants
equivalent destruction
						  efficiency.4 Chemical oxidation specifically Wood:
						  includes what is referred to as alkaline chlorination.
Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood:
						  Debris must be no more than 1.2 cm (1/2 inches) in one dimension (i.e.,
						  thickness limit),5 except that this thickness limit
						  may be waived under the "Equivalent Technology" approval.
b. Chemical Reduction: Chemical reaction utilizing the
						  following reducing reagents (or waste reagents) or combination of reagents: (1)
						  Sulfur dioxide; (2) sodium, potassium, or alkali salts of sulfites, bisulfites,
						  and metabisulfites, and polyethylene glycols (e.g., NaPEG and KPEG); (3) sodium
						  hydrosulfide; (4) ferrous salts; and/or 5) other reducing reagents of
						  equivalent efficiency.4
Same as above.
Same as above.
3. Thermal Destruction:
Treatment in an incinerator operating in accordance
						  with Subpart O of Sections 264 or 265 of this chapter; a boiler or industrial
						  furnace operating in accordance with Subsection H of §266 of this chapter,
						  or Subsection P, §265 of this chapter, but excluding for purposes of these
						  debris treatment standards Thermal Desorption units.
Treated debris must be separated from treatment
						  residuals using simple physical or mechanical means,9
							 and, prior to further treatment, such residue must meet the
						  waste-specific treatment standards for organic compounds in the waste
						  contaminating the debris.
Brick, Concrete, Glass, Metal, Pavement, Rock: Metals
						  other than mercury, except that there are no metal restrictions for
						  vitrification. Debris contaminated with a dioxin listed
						  waste:5 Obtain an "Equivalent Technology" approval
						  under §268.42(b),8 except that this requirement
						  does not apply to vitrification.
Technology description
Performance and/or design and operating
						  standard
Contaminant
						  restrictions2
C. Immobilization Technologies:
1. Macroencapsulation:
Application of surface coating materials such as
						  polymeric organics (e.g., resins and plastics) or use of a jacket of inert
						  debris & inorganic material to substantially reduce surface exposure to
						  potential leaching media.
Encapsulating material must completely encapsulate
						  debris and be resistant to degradation by the contaminants and material in
						  which it may come into contact after placement (leachate, other waste,
						  microbes).
None.
2. Microencapsulation:
Stabilization of the debris with the following reagents
						  (or waste reagents) such that the leachability of the hazardous contaminants is
						  reduced: (1) Portland cement; or (2) lime/pozzolans (e.g., fly ash and cement
						  kiln dust). Reagents (e.g., iron salts, silicates, and clays) may be added to
						  enhance the set/cure time and/or compressive strength, or to reduce the
						  leachability of the hazardous constituents.5
Leachability of the hazardous contaminants must be
						  reduced.
None.
3. Sealing:
Application of an appropriate
						  material which adheres tightly to the debris surface to avoid exposure of the
						  surface to potential leaching media. When necessary to effectively seal the
						  surface, sealing entails pretreatment of the debris
Sealing must avoid exposure of the debris surface to
						  potential leaching media and sealant must be resistant to degradation by the
						  debris and its contaminants and materials into which it may come into contact
						  after placement (leachate, other waste,
None.
surface to remove foreign matter and to clean and
						  roughen the surface. Sealing materials include epoxy, silicone, and urethane
						  compounds, but paint may not be used as a sealant.
microbes).
FOOTNOTE: 1Hazardous debris must be treated by either
						  these standards or the waste-specific treatment standards for the waste
						  contaminating the debris. The treatment standards must be met for each type of
						  debris contained in a mixture of debris types, unless the debris is converted
						  into treatment residue as a result of the treatment process. Debris treatment
						  residuals are subject to the waste-specific treatment standards for the waste
						  contaminating the debris.
FOOTNOTE: 2Contaminant restriction means that the
						  technology is not BDAT for that contaminant. If debris containing a restricted
						  contaminant is treated by the technology, the contaminant must be subsequently
						  treated by a technology for which it is not restricted in order to be land
						  disposed (and excluded from Subtitle C rule).
FOOTNOTE: 3"Clean debris surface" means the surface,
						  when viewed without magnification, shall be free of all visible contaminated
						  soil and hazardous waste except that residual staining from soil and waste
						  consisting of light shadows, slight streaks, or minor discolorations, and soil
						  and waste in cracks, crevices, and pits may be present provided that such
						  staining and waste and soil in cracks, crevices, and pits shall be limited to
						  no more than 5% of each square inch of surface area.
FOOTNOTE: 4Acids, solvents, and chemical reagents may
						  react with some debris and contaminants to form hazardous compounds. For
						  example, acid washing of cyanide-contaminated debris could result in the
						  formation of hydrogen cyanide. Some acids may also react violently with some
						  debris and contaminants, depending on the concentration of the acid and the
						  type of debris and contaminants. Debris treaters should refer to the safety
						  precautions specified in Material Safety Data Sheets for various acids to avoid
						  applying an incompatible acid to a particular debris/contaminant combination.
						  For example, concentrated sulfuric acid may react violently with certain
						  organic compounds, such as acrylonitrile.
FOOTNOTE: 5If reducing the particle size of debris to
						  meet the treatment standards results in material that no longer meets the 60 mm
						  minimum particle size limit for debris, such material is subject to the
						  waste-specific treatment standards for the waste contaminating the material,
						  unless the debris has been cleaned and separated from contaminated soil and
						  waste prior to size reduction. At a minimum, simple physical or mechanical
						  means must be used to provide such cleaning and separation of nondebris
						  materials to ensure that the debris surface is free of caked soil, waste, or
						  other nondebris material.
FOOTNOTE: 6Dioxin-listed wastes are EPA Hazardous Waste
						  numbers FO20, FO21, FO22, FO23, FO26, and FO27.
FOOTNOTE: 7Thermal desorption is distinguished from
						  Thermal Destruction in that the primary purpose of Thermal Desorption is to
						  volatilize contaminants and to remove them from the treatment chamber for
						  subsequent destruction or other treatment.
FOOTNOTE: 8The demonstration "Equivalent Technology"
						  under §268.42(b) must document that the technology treats contaminants
						  subject to treatment to a level equivalent to that required by the performance
						  and design and operating standards for other technologies in this table such
						  that residual levels of hazardous contaminants will not pose a hazard to human
						  health and the environment absent management controls.
FOOTNOTE: 9Any soil, waste, and other nondebris
						  material that remains on the debris surface (or remains mixed with the debris)
						  after treatment is considered a treatment residual that must be separated from
						  the debris using, at a minimum, simple physical or mechanical means. Examples
						  of simple physical or mechanical means are vibratory or trommel screening or
						  water washing. The debris surface need not be cleaned to a "clean debris
						  surface" as defined in note 3 when separating treated debris from residue;
						  rather, the surface must be free of caked soil, waste, or other nondebris
						  material. Treatment residuals are subject to the waste-specific treatment
						  standards for the waste contaminating the debris.
(3)
			 Cyanide-reactive debris. Residue from the treatment of debris that is reactive
			 because of cyanide must meet the treatment standards for D003 in "Treatment
			 Standards for Hazardous Wastes" at §268.40
(4) Ignitable nonwastewater residue.
			 Ignitable nonwastewater residue containing equal to or greater than 10% total
			 organic carbon is subject to the technology specified in the treatment standard
			 for D001: Ignitable Liquids section.
(5) Residue from spalling. Layers of debris
			 removed by spalling are hazardous debris that remain subject to the treatment
			 standards of this section.
§ 268.46
Alternative treatment
			 standards based on HTMR
For the treatment standards previously found in this section,
				refer to § 268.40
§
			 268.47
[Reserved]
§ 268.48
Universal Treatment
			 Standards
(a) Table UTS identifies the
			 hazardous constituents, along with the nonwastewater and wastewater treatment
			 standard levels, that are used to regulate most prohibited hazardous wastes
			 with numerical limits. For determining compliance with treatment standards for
			 underlying hazardous constituents as defined in § 2682(i), these treatment
			 standards may not be exceeded. Compliance with these treatment standards is
			 measured by an analysis of grab samples, unless otherwise noted in the
			 following Table UTS.
§
			 268.48
Table UTS - Universal Treatment Standards
TABLE UTS - UNIVERSAL TREATMENT STANDARDS
NOTE: NA means not applicable
Regulated constituent common name
CAS1
number
Wastewater standard
Nonwastewater standard
Concentration2
in mg/l
Concentration3 in
							 mg/kg
unless noted as "mg/l TCLP"
Organic Constituents
Acenaphthylene
208-96-8
0.059
3.4
Acenaphthene
83-32-9
0.059
3.4
Acetone
67-64-1
0.28
160
Acetonitrile
75-05-8
5.6
38
Acetophenone
96-86-2
0.010
9.7
2-Acetylaminofluorene
53-96-3
0.059
140
Acrolein
107-02-8
0.29
NA
Acrylamide
79-06-1
19
23
Acrylonitrile
107-13-1
0.24
84
Aldrin
309-00-2
0.021
0.066
4-Aminobiphenyl
92-67-1
0.13
NA
Aniline
62-53-3
0.81
14
o-Anisidine (2-methoxyaniline)
90-04-0
0.010
0.66
Anthracene
120-12-7
0.059
3.4
Aramite
140-57-8
0.36
NA
alpha-BHC
319-84-6
0.00014
0.066
beta-BHC
319-85-7
0.00014
0.066
delta-BHC
319-86-8
0.023
0.066
gamma-BHC
58-89-9
0.0017
0.066
Benzene
71-43-2
0.14
10
Benz(a)anthracene
56-55-3
0.059
3.4
Benzal chloride
98-87-3
0.055
6.0
Benzo(b)fluoranthene (difficult to distinguish from
						  benzo(k)fluoranthene)
205-99-2
0.11
6.8
Benzo(k)fluoranthene (difficult to distinguish from
						  benzo(b)fluoranthene)
207-08-9
0.11
6.8
Benzo(g,h,i)perylene
191-24-2
0.0055
1.8
Benzo(a)pyrene
50-32-8
0.061
3.4
Bromodichloromethane
75-27-4
0.35
15
Bromomethane/Methyl bromide
74-83-9
0.11
15
4-Bromophenyl phenyl ether
101-55-3
0.055
15
n-Butyl alcohol
71-36-3
5.6
2.6
Butyl benzyl phthalate
85-68-7
0.017
28
2-sec-Butyl-4,6-dinitrophenol/Dinoseb
88-85-7
0.066
2.5
Carbon disulfide
75-15-0
3.8
4.8 mg/l TCLP
Carbon tetrachloride
56-23-5
0.057
6.0
Chlordane (alpha and gamma isomers)
57-74-9
0.0033
0.26
p-Chloroaniline
106-47-8
0.46
16
Chlorobenzene
108-90-7
0.057
6.0
Chlorobenzilate
510-15-6
0.10
NA
2-Chloro-1,3-butadiene
126-99-8
0.057
0.28
Chlorodibromomethane
124-48-1
0.057
15
Chloroethane
75-00-3
0.27
6.0
bis(2-Chloroethoxy)methane
111-91-1
0.036
7.2
bis(2-Chloroethyl)ether
111-44-4
0.033
6.0
Chloroform
67-66-3
0.046
6.0
bis(2-Chloroisopropyl)ether
39638-32-9
0.055
7.2
p-Chloro-m-cresol
59-50-7
0.018
14
2-Chloroethyl vinyl ether
110-75-8
0.062
NA
Chloromethane/Methyl chloride
74-87-3
0.19
30
2-Chloronaphthalene
91-58-7
0.055
5.6
2-Chloropchenol
95-57-8
0.044
5.7
3-Chloropropylene
107-05-1
0.036
30
Chrysene
218-01-9
0.059
3.4
p-Cresidine
120-71-8
0.010
0.66
o-Cresol
95-48-7
0.11
5.6
m-Cresol (difficult to distinguish from
						  p-cresol)
108-39-4
0.77
5.6
p-Cresol (difficult to distinguish from
						  m-cresol)
106-44-5
0.77
5.6
Cyclohexanone
108-94-1
0.36
0.75 mg/l TCLP
o,p'-DDD
53-19-0
0.023
0.087
p,p'-DDD
72-54-8
0.023
0.087
o,p'-DDE
3424-82-6
0.031
0.087
p,p'-DDE
72-55-9
0.031
0.087
o,p'-DDT
789-02-6
0.0039
0.087
p,p'-DDT
50-29-3
0.0039
0.087
Dibenz(a,h)anthracene
53-70-3
0.055
8.2
Dibenz(a,e)pyrene
192-65-4
0.061
NA
1,2-Dibromo-3-chloropropane
96-12-8
0.11
15
1,2-Dibromoethane/Ethylene dibromide
106-93-4
0.028
15
Dibromomethane
74-95-3
0.11
15
m-Dichlorobenzene
541-73-1
0.036
6.0
o-Dichlorobenzene
95-50-1
0.088
6.0
p-Dichlorobenzene
106-46-7
0.090
6.0
Dichlorodifluoromethane
75-71-8
0.23
7.2
1,1-Dichloroethane
75-34-3
0.059
6.0
1,2-Dichloroethane
107-06-2
0.21
6.0
1,1-Dichloroethylene
75-35-4
0.025
6.0
trans-1,2-Dichloroethylene
156-60-5
0.054
30
2,4-Dichlorophenol
120-83-2
0.044
14
2,6-Dichlorophenol
87-65-0
0.044
14
2,4-Dichlorophenoxyacetic acid/2,4-D
94-75-7
0.72
10
1,2-Dichloropropane
78-87-5
0.85
18
cis-1,3-Dichloropropylene
10061-01-5
0.036
18
trans-1,3-Dichloropropylene
10061-02-6
0.036
18
Dieldrin
60-57-1
0.017
0.13
Diethyl phthalate
84-66-2
0.20
28
p-Dimethylaminoazobenzene
60-11-7
0.13
NA
2,4-Dimethylaniline (2,4-xylidine)
95-68-1
0.010
0.66
2,4-Dimethyl phenol
105-67-9
0.036
14
Dimethyl phthalate
131-11-3
0.047
28
Di-n-butyl phthalate
84-74-2
0.057
28
1,4-Dinitrobenzene
100-25-4
0.32
2.3
4,6-Dinitro-o-cresol
534-52-1
0.28
160
2,4-Dinitrophenol
51-28-5
0.12
160
2,4-Dinitrotoluene
121-14-2
0.32
140
2,6-Dinitrotoluene
606-20-2
0.55
28
Di-n-octyl phthalate
117-84-0
0.017
28
Di-n-propylnitrosamine
621-64-7
0.40
14
1,4-Dioxane
123-91-1
12.0
170
Diphenylamine (difficult to distinguish from
						  diphenylnitrosamine)
122-39-4
0.92
13
Diphenylnitrosamine (difficult to distinguish from
						  diphenylamine)
86-30-6
0.92
13
1,2-Diphenylhydrazine
122-66-7
0.087
NA
Disulfoton
298-04-4
0.017
6.2
Endosulfan I
959-98-8
0.023
0.066
Endosulfan II
33213-65-9
0.029
0.13
Endosulfan sulfate
1031-07-8
0.029
0.13
Endrin
72-20-8
0.0028
0.13
Endrin aldehyde
7421-93-4
0.025
0.13
Ethyl acetate
141-78-6
0.34
33
Ethyl benzene
100-41-4
0.057
10
Ethyl cyanide/Propanenitrile
107-12-0
0.24
360
Ethyl ether
60-29-7
0.12
160
bis(2-Ethylhexyl)phthalate
117-81-7
0.28
28
Ethyl methacrylate
97-63-2
0.14
160
Ethylene oxide
75-21-8
0.12
NA
Famphur
52-85-7
0.017
15
Fluoranthene
206-44-0
0.068
3.4
Fluorene
86-73-7
0.059
3.4
Heptachlor
76-44-8
0.0012
0.066
1,2,3,4,6,7,8-Heptachlorodibenzo-p-
35822-
0.000035
.0025
dioxin (1,2,3,4,6,7,8-HpCDD)
46-9
1,2,3,4,6,7,8-Heptachlorodibenzofluran
						  (1,2,3,4,6,7,8-HpCDF)
67562-39-4
0.000035
.0025
1,2,3,4,7,8,9-Heptachlorodibenzofluran
						  (1,2,3,4,7,8,9-HpCDF)
55673-89-7
0.000035
.0025
Heptachlor epoxide
1024-57-3
0.016
0.066
Hexachlorobenzene
118-74-1
0.055
10
Hexachlorobutadiene
87-68-3
0.055
5.6
Hexachlorocyclopentadiene
77-47-4
0.057
2.4
HxCDDs (All Hexachlorodibenzo-p-dioxins)
NA
0.000063
0.001
HxCDFs (All Hexachlorodibenzofurans)
NA
0.000063
0.001
Hexachloroethane
67-72-1
0.055
30
Hexachloropropylene
1888-71-7
0.035
30
Indeno(1,2,3-c,d) pyrene
193-39-5
0.0055
3.4
Iodomethane
74-88-4
0.19
65
Isobutyl alcohol
78-83-1
5.6
170
Isodrin
465-73-6
0.021
0.066
Isosafrole
120-58-1
0.081
2.6
Kepone
143-50-0
0.0011
0.13
Methacrylonitrile
126-98-7
0.24
84
Methanol
67-56-1
5.6
0.75 mg/l TCLP
Methapyrilene
91-80-5
0.081
1.5
Methoxychlor
72-43-5
0.25
0.18
3-Methylcholanthrene
56-49-5
0.0055
15
4,4-Methylene bis(2-chloroaniline)
101-14-4
0.50
30
Methylene chloride
75-09-2
0.089
30
Methyl ethyl ketone
78-93-3
0.28
36
Methyl isobutyl ketone
108-10-1
0.14
33
Methyl methacrylate
80-62-6
0.14
160
Methyl methanesulfonate
66-27-3
0.018
NA
Methyl parathion
298-00-0
0.014
4.6
Naphthalene
91-20-3
0.059
5.6
2-Naphthylamine
91-59-8
0.52
NA
o-Nitroaniline
88-74-4
0.27
14
p-Nitroaniline
100-01-6
0.028
28
Nitrobenzene
98-95-3
0.068
14
5-Nitro-o-toluidine
99-55-8
0.32
28
o-Nitrophenol
88-75-5
0.028
13
p-Nitrophenol
100-02-7
0.12
29
N-Nitrosodiethylamine
55-18-5
0.40
28
N-Nitrosodimethylamine
62-75-9
0.40
2.3
N-Nitroso-di-n-butylamine
924-16-3
0.40
17
N-Nitrosomethylethylamine
10595-95-6
0.40
2.3
N-Nitrosomorpholine
59-89-2
0.40
2.3
N-Nitrosopiperidine
100-75-4
0.013
35
N-Nitrosopyrrolidine
930-55-2
0.013
35
1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin
						  (OCDD)
3268-87-9
0.000063
0.005
1,2,3,4,6,7,8,9-Octachlorodibenzofluran (OCDF)
39001-02-0
0.000063
0.005
Parathion
56-38-2
0.014
4.6
Total PCBs (sum of all PCB isomers, or all
						  Aroclors)8
1336-36-3
0.10
10
Pentachlorobenzene
608-93-5
0.055
10
PeCDDs (All Pentachlorodibenzo-p-dioxins)
NA
0.000063
0.001
PeCDFs (All Pentachlorodibenzofurans)
NA
0.000035
0.001
Pentachloroethane
76-01-7
0.055
6.0
Pentachloronitrobenzene
82-68-8
0.055
4.8
Pentachlorophenol
87-86-5
0.089
7.4
Phenacetin
62-44-2
0.081
16
Phenanthrene
85-01-8
0.059
5.6
Phenol
108-95-2
0.039
6.2
1,3-Phenylenediamine
108-45-2
0.010
0.66
Phorate
298-02-2
0.021
4.6
Phthalic acid
100-21-0
0.055
28
Phthalic anhydride
85-44-9
0.055
28
Pronamide
23950-58-5
0.093
1.5
Pyrene
129-00-0
0.067
8.2
Pyridine
110-86-1
0.014
16
Safrole
94-59-7
0.081
22
Silvex/2,4,5-TP
93-72-1
0.72
7.9
1,2,4,5-Tetrachlorobenzene
95-94-3
0.055
14
TCDDs (All Tetrachlorodibenzo-p-dioxins)
NA
0.000063
0.001
TCDFs (All Tetrachlorodibenzofurans)
NA
0.000063
0.001
1,1,1,2-Tetrachloroethane
630-20-6
0.057
6.0
1,1,2,2-Tetrachloroethane
79-34-5
0.057
6.0
Tetrachloroethylene
127-18-4
0.056
6.0
2,3,4,6-Tetrachlorophenol
58-90-2
0.030
7.4
Toluene
108-88-3
0.080
10
Toxaphene
8001-35-2
0.0095
2.6
Tribromomethane/Bromoform
75-25-2
0.63
15
1,2,4-Trichlorobenzene
120-82-1
0.055
19
1,1,1-Trichloroethane
71-55-6
0.054
6.0
1,1,2-Trichloroethane
79-00-5
0.054
6.0
Trichloroethylene
79-01-6
0.054
6.0
Trichlorofluoromethane
75-69-4
0.020
30
2,4,5-Trichlorophenol
95-95-4
0.18
7.4
2,4,6-Trichlorophenol
88-06-2
0.035
7.4
2,4,5-Trichlorophenoxyacetic acid/2,4,5-T
93-76-5
0.72
7.9
1,2,3-Trichloropropane
96-18-4
0.85
30
1,1,2-Trichloro-1,2,2-trifluoroethane
76-13-1
0.057
30
tris-(2,3-Dibromopropyl) phosphate
126-72-7
0.11
0.10
Vinyl chloride
75-01-4
0.27
6.0
Xylenes-mixed isomers (sum of o-, m-, and p-xylene
						  concentrations)
1330-20-7
0.32
30
Inorganic Constituents
Antimony
7440-36-0
1.9
1.15 mg/l TCLP
Arsenic
7440-38-2
1.4
5.0 mg/l TCLP
Barium
7440-39-3
1.2
21 mg/l TCLP
Beryllium
7440-41-7
0.82
1.22 mg/l TCLP
Cadmium
7440-43-9
0.69
0.11 mg/l TCLP
Chromium (Total)
7440-47-3
2.77
0.60 mg/l TCLP
Cyanides (Total)4
57-12-5
1.2
590
Cyanides (Amenable)4
57-12-5
0.86
30
Fluoride5
16984-48-8
35
NA
Lead
7439-92-1
0.69
0.75 mg/l TCLP
Mercury-Nonwastewater from Retort
7439-97-6
NA
0.20 mg/l TCLP
Mercury-All Others
7439-97-6
0.15
0.025 mg/l TCLP
Nickel
7440-02-0
3.98
11 mg/l TCLP
Selenium7
7782-49-2
0.82
5.7 mg/l TCLP
Silver
7440-22-4
0.43
0.14 mg/l TCLP
Sulfide5
18496-25-8
14
NA
Thallium
7440-28-0
1.4
0.20 mg/l TCLP
Vanadium5
7440-62-2
4.3
1.6 mg/l TCLP
Zinc5
7440-66-6
2.61
4.3 mg/l TCLP
FOOTNOTES TO TABLE UTS
1. CAS means Chemical Abstract Services When
			 the waste code and/or regulated constituents are described as a combination of
			 a chemical with its salts and/or esters, the CAS number is given for the parent
			 compound only
2. Concentration
			 standards for wastewaters are expressed in mg/L and are based on analysis of
			 composite samples
3. Except for
			 Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater
			 treatment standards expressed as a concentration were established, in part,
			 based upon incineration in units operated in accordance with the technical
			 requirements of Section 264, Subsection O or Section 265, Subsection O, or
			 based upon combustion in fuel substitution units operating in accordance with
			 applicable technical requirements A facility may comply with these treatment
			 standards according to provisions in § 268.40(d) All concentration
			 standards for nonwastewaters are based on analysis of grab samples
4. Both Cyanides (Total) and Cyanides
			 (Amenable) for nonwastewaters are to be analyzed using Method 9010C or 9012B,
			 found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
			 EPA Publication SW-846, as incorporated by reference in § 260.11, with a
			 sample size of 10 grams and a distillation time of one hour and 15
			 minutes
5. These constituents are
			 not "underlying hazardous constituents" in characteristic wastes, according to
			 the definition at §268.2(i)
6.
			 (Reserved)
7. This constituent is
			 not an underlying hazardous constituent as defined at § 268.2(i) of this
			 Section because its UTS level is greater than its TC level, thus a treated
			 selenium waste would always be characteristically hazardous, unless it is
			 treated to below its characteristic level
8. Measured in mg/L, TCLP.
9. This standard is temporarily deferred for
			 soil exhibiting a hazardous characteristic due to D004-D011 only.
§ 268.49
Alternative LDR treatment standards for contaminated soil
(a) Applicability. You must comply with LDRs
			 prior to placing soil that exhibits a characteristic of hazardous waste, or
			 exhibited a characteristic of hazardous waste at the time it was generated,
			 into a land disposal unit. The following chart describes whether you must
			 comply with LDRs prior to placing soil contaminated by listed hazardous waste
			 into a land disposal unit:
*For dates of LDR applicability, see Section 268 Appendix VII.
				To determine the date any given listed hazardous waste contaminated any given
				volume of soil, use the last date any given listed hazardous waste was placed
				into any given land disposal unit or, in the case of an accidental spill, the
				date of the spill.
(b)
			 Prior to land disposal, contaminated soil identified by paragraph (a) of this
			 section as needing to comply with LDRs must be treated according to the
			 applicable treatment standards specified in paragraph (c) of this section or
			 according to the Universal Treatment Standards specified in § 268.48
			 applicable to the contaminating listed hazardous waste and/or the applicable
			 characteristic of hazardous waste if the soil is characteristic. The treatment
			 standards specified in paragraph (c) of this section and the Universal
			 Treatment Standards may be modified through a treatment variance approved in
			 accordance with § 268.44.
(c)
			 Treatment standards for contaminated soils. Prior to land disposal,
			 contaminated soil identified by paragraph (a) of this section as needing to
			 comply with LDRs must be treated according to all the standards specified in
			 this paragraph or according to the Universal Treatment Standards specified in
			 40 CFR
			 268.48.
(1)
			 All soils. Prior to land disposal, all constituents subject to treatment must
			 be treated as follows:
(A) For non-metals
			 except carbon disulfide, cyclohexanone, and methanol, treatment must achieve 90
			 percent reduction in total constituent concentrations, except as provided by
			 paragraph (c)(1)(C) of this section.
(B) For metals and carbon disulfide,
			 cyclohexanone, and methanol, treatment must achieve 90 percent reduction in
			 constituent concentrations as measured in leachate from the treated media
			 (tested according to the TCLP) or 90 percent reduction in total constituent
			 concentrations (when a metal removal treatment technology is used), except as
			 provided by paragraph (c)(1)(C)of this section.
(C) When treatment of any constituent subject
			 to treatment to a 90 percent reduction standard would result in a concentration
			 less than 10 times the Universal Treatment Standard for that constituent,
			 treatment to achieve constituent concentrations less than 10 times the
			 universal treatment standard is not required Universal Treatment Standards are
			 identified in § 268.48 - Table UTS.
(2) Soils that exhibit the characteristic of
			 ignitability, corrosivity or reactivity. In addition to the treatment required
			 by paragraph (c)(1) of this section, prior to land disposal, soils that exhibit
			 the characteristic of ignitability, corrosivity, or reactivity must be treated
			 so as to eliminate these characteristics.
If LDRs
And if LDRs
And if
Then you
Applied to the listed waste when it contaminated the
						  soil*
Apply to the listed waste now
Must comply with LDRs
Didn't apply to the listed waste when it contaminated
						  the soil*
Apply to the listed waste now
The soil is determined to contain the listed waste when
						  the soil is first generated
Must comply with LDRs.
Didn't apply to the listed waste when it contaminated
						  the soil*
Apply to the listed waste now
The soil is determined not to contain the listed waste
						  when the soil is first generated
Needn't comply with LDRs.
Didn't apply to the listed waste when it contaminated
						  the soil*
Don't apply to the listed waste now
Needn't comply with LDRs.
(3)
			 Soils that contain nonanalyzable constituents. In addition to the treatment
			 requirements of paragraphs (c)(1) and (2) of this section, prior to land
			 disposal, the following treatment is required for soils that contain
			 nonanalyzable constituents:
(A) For soil that
			 contains only analyzable and nonanalyzable organic constituents, treatment of
			 the analyzable organic constituents to the levels specified in paragraphs
			 (c)(1) and (2) of this section; or,
(B) For soil that contains only nonanalyzable
			 constituents, treatment by the method(s) specified in § 268.42 for the
			 waste contained in the soil.
(d) Constituents subject to treatment. When
			 applying the soil treatment standards in paragraph (c) of this section,
			 constituents subject to treatment are any constituents listed in §268.48
			 Table UTS-Universal Treatment Standards that are reasonably expected to be
			 present in any given volume of contaminated soil, except fluoride, selenium,
			 sulfides, vanadium, zinc, and that are present at concentrations greater than
			 ten times the universal treatment standard. PCBs are not a constituent subject
			 to treatment in any given volume of soil which exhibits the toxicity
			 characteristic solely because of the presence of metals.
(e) Management of treatment residuals.
			 Treatment residuals from treating contaminated soil identified by paragraph (a)
			 of this section as needing to comply with LDRs must be managed as follows:
(1) Soil residuals are subject to the
			 treatment standards of this section;
(2) Non-soil residuals are subject to:
(A) For soils contaminated by listed
			 hazardous waste, the RCRA Subtitle C standards applicable to the listed
			 hazardous waste; and
(B) For soils
			 that exhibit a characteristic of hazardous waste, if the non-soil residual also
			 exhibits a characteristic of hazardous waste, the treatment standards
			 applicable to the characteristic hazardous waste.
Subsection E
-- Prohibitions on Storage
§
			 268.50
Prohibitions on storage of restricted wastes
(a) Except as provided in this section, the
			 storage of hazardous wastes restricted from land disposal under Subsection C of
			 this section of RCRA section 3004 is prohibited, unless the following
			 conditions are met:
(1) A generator stores
			 such wastes in tanks, containers, or containment buildings on-site solely for
			 the purpose of the accumulation of such quantities of hazardous waste as
			 necessary to facilitate proper recovery, treatment, or disposal and the
			 generator complies with the requirements in §§ 262.16, 262.17, and
			 sections 264 and 265 of this rule.
(2) An owner/operator of a hazardous waste
			 treatment, storage, or disposal facility stores such wastes in tanks,
			 containers, or containment buildings solely for the purpose of the accumulation
			 of such quantities of hazardous waste as necessary to facilitate proper
			 recovery, treatment, or disposal and:
(i)
			 Each container is clearly marked to identify its contents and with:
(A) The words "Hazardous Waste";
(B) The applicable EPA hazardous waste
			 number(s) (EPA hazardous waste codes) in subsections C and D of section 261 of
			 this rule; or use a nationally recognized electronic system, such as bar
			 coding, to identify the EPA hazardous waste number(s);
(C) An indication of the hazards of the
			 contents (examples include, but are not limited to, the applicable hazardous
			 waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
			 communication consistent with the Department of Transportation requirements at
			 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
			 statement or pictogram consistent with the Occupational Safety and Health
			 Administration Hazard Communication Standard at
			 29 CFR
			 1910.1200; or a chemical hazard label
			 consistent with the National Fire Protection Association code 704);
			 and
(D) The date each period of
			 accumulation begins.
(ii) Each tank is clearly marked with a
			 description of its contents, the quantity of each hazardous waste received, and
			 the date each period of accumulation begins, or such information for each tank
			 is recorded and maintained in the operating record at that facility. Regardless
			 of whether the tank itself is marked, an owner/operator must comply with the
			 operating record requirements specified in § 264.73 or § 265.73. (3)
			 A transporter stores manifested shipments of such wastes at a transfer facility
			 for 10 days or less.
(b) An owner/operator of a treatment, storage
			 or disposal facility may store such wastes for up to one year unless the Agency
			 can demonstrate that such storage was not solely for the purpose of
			 accumulation of such quantities of hazardous waste as are necessary to
			 facilitate proper recovery, treatment, or disposal.
(c) An owner/operator of a treatment, storage
			 or disposal facility may store such wastes beyond one year; however, the
			 owner/operator bears the burden of proving that such storage was solely for the
			 purpose of accumulation of such quantities of hazardous waste as are necessary
			 to facilitate proper recovery, treatment, or disposal.
(d) If a generator's waste is exempt from a
			 prohibition on the type of land disposal utilized for the waste (for example,
			 because of an approved case-by-case extension under § 268.5, an approved
			 § 268.6 petition, or a national capacity variance under Subsection C), the
			 prohibition in paragraph (a) of this section does not apply during the period
			 of such exemption.
(e) The
			 prohibition in paragraph (a) of this section does not apply to hazardous wastes
			 that meet the treatment standards specified under §§ 268.41, 268.42,
			 and 268.43 or the treatment standards specified under the variance in §
			 268.44, or, where treatment standards have not been specified, is in compliance
			 with the applicable prohibitions specified in § 268.32 or RCRA section
			 3004.
(f) Liquid hazardous wastes
			 containing polychlorinated biphenyls (PCBs) at concentrations greater than or
			 equal to 50 ppm must be stored at a facility that meets the requirements of
			 40 CFR
			 761.65(b) and must be
			 removed from storage and treated or disposed as required by this section within
			 one year of the date when such wastes are first placed into storage. The
			 provisions of paragraph (c) of this section do not apply to such PCB wastes
			 prohibited under § 268.32 of this section.
(g) The prohibition and requirements in this
			 Section do not apply to hazardous remediation wastes stored in a staging pile
			 approved pursuant to § 264.554 of this rule.
Appendix I to Section 268 -- [Reserved]
Appendix II to Section 268 -- [Reserved]
Appendix III to Section 268-List of Halogenated Organic
				Compounds Regulated Under § 268.32
In determining the concentration of HOCs in a hazardous waste
				for purposes of the § 26832 land disposal prohibition, EPA has defined the
				HOCs that must be included in a calculation as any compounds having a
				carbon-halogen bond which are listed in this Appendix (see § 268.2).
				Appendix III to Part 268 consists of the following compounds:
I
Volatiles
1. Bromodichloromethane
2. Bromomethane
3. Carbon Tetrachloride
4. Chlorobenzene
5. 2-Chloro-1,3-butadiene
6. Chlorodibromomethane
7. Chloroethane
8. 2-Chloroethyl vinyl ether
9. Chloroform
10. Chloromethane
11. 3-Chloropropene
12. 1,2-Dibromo-3-chloropropane
13. 1,2-Dibromomethane
14. Dibromomethane
15. Trans-1,4-Dichloro-2-butene
16. Dichlorodifluoromethane
17. 1,1-Dichloroethane
18. 1,2-Dichloroethane
19. 1,1-Dichloroethylene
20. Trans-1,2-Dichloroethene
21. 1,2-Dichloropropane
22. Trans-1,3-Dichloropropene
23. cis-1,3-Dichloropropene
24. Iodomethane
25. Methylene chloride
26. 1,1,1,2-Tetrachloroethane
27. 1,1,2,2-Tetrachloroethane
28. Tetrachloroethene
29. Tribromomethane
30. 1,1,1-Trichloroethane
31. 1,1,2-Trichloroethane
32. Trichlorothene
33. Trichloromonofluoromethane
34. 1,2,3-Thrichloropropane
35. Vinyl Chloride
II.
Semivolatiles
1. Bis(2-chloroethoxy)ethane
2. Bis(2-chloroethyl)ether
3. Bis(2-chloroisopropyl)ether
4. p-Chloroaniline
5. Chlorobenzilate
6. p-Chloro-m-cresol
7. 2-Chloronaphthalene
8. 2-Chlorphenol
9 3-Chloropropionitrile
10. m-Dichlorobenzene
11. o-Dichlorobenzene
12. p-Dichlorobenzene
13. 3,3'-Dichlorobenzidine
14. 2,4-Dichlorophenol
15. 2,6-Dichlorophenol
16. Hexachlorobenzene
17. Hexachlorobutadiene
18. Hexachlorocyclopentadiene
19. Hexachloroethane
20. Hexachloroprophene
21. Hexachlorpropene
22.
			 4,4'-Methylenebis(2-chloroanaline)
23. Pentachlorobenzene
24. Pentachloroethane
25. Pentachloronitrobenzene
26. Pentachlorophenol
27. Pronamide
28. 1,2,4,5-Tetrachlorobenzene
29. 2,3,4,6-Tetrachlorophenol
30. 1,2,4-Trichlorobenzene
31. 2,4,5-Trichlorophenol
32. 2,4,6-Trichlorophenol
33.
			 Tris(2,3-dibromopropyl)phosphate
III.
Organochlorine Pesticides
1. Aldrin
2. alpha-BHC
3. beta-BHC
4. delta-BHC
5. gamma-BHC
6. Chlorodane
7. DDD
8. DDE
9. DDT
10. Dieldrin
11. Endosulfan I
12. Endosulfan II
13. Endrin
14. Endrin aldehyde
15. Heptachlor
16. Heptachlor epoxide
17. Isodrin
18. Kepone
19. Methoxyclor
20. Toxaphene
IV.
Phenoxyacetic Acid
			 Herbicides
1.
			 2,4-Dichlorophenoxyacetic acid
2.
			 Silvex
3. 2,4,5-T
V.
PCBs
1. Aroclor 1016
2. Aroclor 1221
3. Aroclor 1232
4. Aroclor 1242
5. Aroclor 1248
6. Aroclor 1254
7. Aroclor 1260
8. PCBs not otherwise specified
VI .
Dioxins and
			 Furans
1.
			 Hexachlorodibenzo-p-dioxins
2.
			 Hexachlorodibenzofuran
3.
			 Pentachlorodibenzo-p-dioxins
4.
			 Pentachlorodibenzofuran
5.
			 Tetrachlorodibenzo-p-dioxins
6.
			 Tetrachlorodibenzofuran
7.
			 2,3,7,8-Tetrachlorodibenzo-p-dioxin
Appendix IV to Section 268-Wastes Excluded From Lab Packs
				Under the Alternative Treatment Standards of § 268.42(c)
Hazardous waste with the following EPA Hazardous Waste Codes
				may not be placed in lab packs under the alternative lab pack treatment
				standards of § 268.42(c): D009, F019, K003, K004, K005, K006, K062, K071,
				K100, K106, P010, P011, P012, P076, P078, U134, U151.
Appendix V to Section 268 -- [Reserved]
Appendix VI to Section 268 - Recommended Technologies to
				Achieve Deactivation of Characteristics in Section 268.42
The treatment standard for many characteristic wastes is stated
				in the § 268.40 Table of Treatment Standards as "Deactivation and meev
				UTS." EPA has determined that many technologies, when used alone or in
				combination, can achieve the deactivation portion of the treatment standard.
				Characteristic wastes that are not managed in a facility regulated by the Clean
				Water Act (CWA) or in a CWA-equivalent facility, and that also contain
				underlying hazardous constituents (see § 268.2(i)) must be treated not
				only by a "deactivating" technology to remove the characteristic, but also to
				achieve the universal treatment standards (UTS) for underlying hazardous
				constituents. The following appendix presents a partial list of technologies,
				utilizing the five letter technology codes established in § 268.42 Table
				1, that may be useful in meeting the treatment standard. Use of these specific
				technologies is not mandatory and does not preclude direct reuse, recovery,
				and/or the use of other pretreatment technologies, provided deactivation is
				achieved and underlying hazardous constituents are treated to achieve the
				UTS.
Waste code/subcategory
Nonwastewaters
Wastewaters
D001 Ignitable Liquids based on 261.21(a)(1)-Low TOC
						  Nonwastewater Subcategory (containing 1% to<10% TOC)
RORGS
INCIN
WETOX
CHOXD
BIODG
n.a.
D001 Ignitable Liquids based on 261.21(a)(1)-Ignitable
						  Wastewater Subcategory (containing <1% TOC)
n.a.
RORGS
INCIN
WETOX
CHOXD
BIODG
D001 Compressed Gases based on 261.21(A)(3)
RCGAS
INCIN
FSUBS
ADGAS fb. INCIN
ADGAS fb. (CHOXD;
or CHRED)
n.a.
D001 Ignitable Reactives based on 261.21(a)(2)
WTRRX
CHOXD
CHRED
STABL
INCIN
n.a.
D001 Ignitable Oxidizers based on 261.21(a)(4)
CHRED INCIN
CHRED INCIN
D002 Acid Subcategory based on 261.22(a)(1) with pH
						  less than or equal to 2
RCORR NEUTR INCIN
NEUTR INCIN
D002 Alkaline Subcategory based on 261.22(a)(1) with pH
						  greater than or equal to 12.5
NEUTR INCIN
NEUTR INCIN
D002 Other Corrosives based on 261.22(a)(2)
CHOXD CHRED INCIN STABL
CHOXD CHRED INCIN
D003 Water Reactives based on 261.23(a) (2), (3), and
						  (4)
INCIN WTRRX CHOXD CHRED
n.a.
D003 Reactive Sulfides based on 261.23(a)(5)
CHOXD CHRED INCIN STABL
CHOXD CHRED BIODG INCIN
D003 Explosives based on 261.23(a) (6), (7), and
						  (8)
INCIN
CHOXD
CHRED
INCIN
CHOXD
CHRED
BIODG
CARBN
D003 Other Reactives based on 261.23(a)(1)
INCIN
CHOXD
CHRED
INCIN
CHOXD
CHRED
BIODG
CARBN
K044 Wastewater treatment sludges from the
						  manufacturing and processing of explosives
CHOXD CHRED INCIN
CHOXD
CHRED
BIODG
CARBN
INCIN
K045 Spent carbon from the treatment of wastewaters
						  containing explosives
CHOXD CHRED INCIN
CHOXD
CHRED
BIODG
CARBN
INCIN
K047 Pink/red water from TNT operations
CHOXD CHRED INCIN
CHOXD
CHRED
BIODG
CARBN
INCIN
Note: "N/A" stands for "not applicable"; "fb" stands for
				"followed by"
Appendix VII to Section 268
Table 1
Effective Dates of Surface Disposed Wastes (Non-Soil and
				Debris) Regulated in the LDRSa - Comprehensive
				List
Waste code
Waste category
Effective date
D001c
All (except High TOC Ignitable Liquids)
Aug. 9, 1993.
D001
High TOC Ignitable Liquids
Aug. 8, 1990.
D002c
All
Aug. 9, 1993.
D003
Newly identified surface-disposed elemental phosphorus
						  processing wastes
May 26, 2000.
D004
Newly identified D004 and mineral processing
						  wastes
Aug. 24, 1998.
D004
Mixed radioactive/newly identified D004 or mineral
						  processing wastes
May 26, 2000
D005
Newly identified D005 and mineral processing
						  wastes
Aug. 24,1998.
D005
Mixed radioactive/newly identified D005 or mineral
						  processing wastes
May 26, 2000.
D006
Newly identified D006 and mineral processing
						  wastes
Aug. 24, 1998.
D006
Mixed radioactive/newly identified D006 or mineral
						  processing wastes
May 26, 2000.
D007
Newly identified D007 and mineral processing
						  wastes
Aug. 24, 1998.
D007
Mixed radioactive/newly identified D007 or mineral
						  processing wastes
May 26, 2000.
D008
Newly identified D008 and mineral processing
						  waste
Aug. 24, 1998.
D008
Mixed radioactive/newly identified D008 or mineral
						  processing wastes
May 26, 2000.
D009
Newly identified D009 and mineral processing
						  waste
Aug. 24, 1998.
D009
Mixed radioactive/newly identified D009 or mineral
						  processing wastes
May 26, 2000.
D010
Newly identified D010 and mineral processing
						  wastes
Aug. 24, 1998.
D010
Mixed radioactive/newly identified D010 or mineral
						  processing wastes
May 26, 2000.
D011
Newly identified D011 and mineral processing
						  wastes
Aug. 24, 1998.
D011
Mixed radioactive/newly identified D011 or mineral
						  processing wastes
May 26, 2000.
D012 (that exhibit the toxicity characteristic based on
						  the TCLP)d
All
Dec. 14, 1994.
D013 (that exhibit the toxicity characteristic based on
						  the TCLP)d
All
Dec. 14, 1994.
D014 (that exhibit the toxicity characteristic based on
						  the TCLP)d
All
Dec. 14, 1994.
D015 (that exhibit the toxicity characteristic based on
						  the TCLP)d
All
Dec. 14, 1994.
D016 (that exhibit the toxicity characteristic based on
						  the TCLP)d
All
Dec. 14, 1994.
D017 (that exhibit the toxicity characteristic based on
						  the TCLP)d
All
Dec. 14, 1994.
D018
Mixed with radioactive wastes
Sept. 19, 1996.
D018
All others
Dec. 19, 1994.
D019
Mixed with radioactive wastes
Sept. 19, 1996.
D019
All others
Dec. 19, 1994.
D020
Mixed with radioactive wastes
Sept. 19, 1996.
D020
All others
Dec. 19, 1994.
D021
Mixed with radioactive wastes
Sept. 19, 1996.
D021
All others
Dec. 19, 1994.
D022
Mixed with radioactive wastes
Sept. 19, 1996.
D022
All others
Dec. 19, 1994.
D023
Mixed with radioactive wastes
Sept. 19, 1996.
D023
All others
Dec. 19, 1994.
D024
Mixed with radioactive wastes
Sept. 19, 1996.
D024
All others
Dec. 19, 1994.
D025
Mixed with radioactive wastes
Sept. 19, 1996.
D025
All others
Dec. 19, 1994.
D026
Mixed with radioactive wastes
Sept. 19, 1996.
D026
All others
Dec. 19, 1994.
D027
Mixed with radioactive wastes
Sept. 19, 1996.
D027
All others
Dec. 19, 1994.
D028
Mixed with radioactive wastes
Sept. 19, 1996.
D028
All others
Dec. 19, 1994.
D029
Mixed with radioactive wastes
Sept. 19, 1996.
D029
All others
Dec. 19, 1994.
D030
Mixed with radioactive wastes
Sept. 19. 1996.
D030
All others
Dec. 19, 1994.
D031
Mixed with radioactive wastes
Sept. 19, 1996.
D031
All others
Dec. 19, 1994.
D032
Mixed with radioactive wastes
Sept. 19, 1996.
D032
All others
Dec. 19, 1994.
D033
Mixed with radioactive wastes
Sept. 19, 1996.
D033
All others
Dec. 19, 1994.
D034
Mixed with radioactive wastes
Sept. 19, 1996.
D034
All others
Dec. 19, 1994.
D035
Mixed with radioactive wastes
Sept. 19, 1996.
D035
All others
Dec. 19, 1994.
D036
Mixed with radioactive wastes
Sept. 19, 1996.
D036
All others
Dec. 19, 1994.
D037
Mixed with radioactive wastes
Sept. 19, 1996.
D037
All others
Dec. 19, 1994.
D038
Mixed with radioactive wastes
Sept. 19, 1996.
D038
All others
Dec. 19, 1994.
D039
Mixed with radioactive wastes
Sept. 19, 1996.
D039
All others
Dec. 19, 1994.
D040
Mixed with radioactive wastes
Sept. 19, 1996.
D040
All others
Dec. 19, 1994.
D041
Mixed with radioactive wastes
Sept. 19, 1996.
D041
All others
Dec. 19, 1994.
D042
Mixed with radioactive wastes
Sept. 19, 1996.
D042
All others
Dec. 19, 1994.
D043
Mixed with radioactive wastes
Sept. 19, 1996.
D043
All others
Dec. 19, 1994.
F001
Small quantity generators, CERCLA response/RCRA
						  corrective action, initial generator's solvent-water mixtures,
						  solvent-containing sludges and solids
Nov. 8, 1988.
F001
All others
Nov. 8, 1986.
F002 (1,1,2-trichloroethane)
Wastewater and Nonwastewater
Aug. 8, 1990.
F002
Small quantity generators, CERCLA response/RCRA
						  corrective action, initial generator's solvent-water mixtures,
						  solvent-containing sludges and solids
Nov. 8, 1988.
F002
All others
Nov. 8, 1986.
F003
Small quantity generators, CERCLA response/RCRA
						  corrective action, initial generator's solvent-water mixtures,
						  solvent-containing sludges and solids
Nov. 8, 1988.
F003
All others
Nov. 8, 1986.
F004
Small quantity generators, CERCLA response/RCRA
						  corrective action, initial generator's solvent-water mixtures,
						  solvent-containing sludges and solids
Nov. 8, 1988.
F004
All others
Nov. 8, 1986.
F005 (benzene, 2-ethoxy ethanol, 2-nitropropane)
Wastewater and Nonwastewater
Aug. 8, 1990.
F005
Small quantity generators, CERCLA response/RCRA
						  corrective action, initial generator's solvent-water mixtures,
						  solvent-containing sludges and solids
Nov. 8, 1988.
F005
All others
Nov. 8, 1986.
F006
Wastewater
Aug. 8, 1990.
F006
Nonwastewater
Aug. 8, 1988.
F006 (cyanides)
Nonwastewater
July 8, 1989.
F007
All
July 8, 1989.
F008
All
July 8, 1989.
F009
All
July 8, 1989.
F010
All
June 8, 1989.
F011 (cyanides)
Nonwastewater
Dec. 8, 1989.
F011
All others
July 8, 1989.
F012 (cyanides)
Nonwastewater
Dec. 8, 1989.
F012
All others
July 8, 1989.
F019
All
Aug. 8, 1990.
F020
All
Nov. 8, 1988.
F021
All
Nov. 8, 1988.
F025
All
Aug. 8, 1990.
F026
All
Nov. 8, 1988.
F027
All
Nov. 8, 1988.
F028
All
Nov. 8, 1988.
F032
Mixed with radioactive wastes
May 12, 1999
F032
All others
Aug. 12, 1997.
F034
Mixed with radioactive wastes
May 12, 1999
F034
All others
Aug. 12, 1997.
F035
Mixed with radioactive wastes
May 12, 1999.
F035
All others
Aug. 12, 1997.
F037
Not generated from surface impoundment cleanouts or
						  closures
June 30, 1993.
F037
Generated from surface impoundment cleanouts or
						  closures
June 30, 1994.
F037
Mixed with radioactive wastes
June 30, 1994.
F038
Not generated from surface impoundment cleanouts or
						  closures
June 30, 1993.
F038
Generated from surface impoundment cleanouts or
						  closures
June 30, 1994.
F038
Mixed with radioactive wastes
June 30, 1994.
F039
Wastewater
Aug. 8, 1990.
F039
Nonwastewater
May 8, 1992.
K001 (organics)b
All
Aug. 8, 1988.
K001
All others
Aug. 8, 1988.
K002
All
Aug. 8, 1990.
K003
All
Aug. 8, 1990.
K004
Wastewater
Aug. 8, 1990.
K004
Nonwastewater
Aug. 8, 1988.
K005
Wastewater
Aug. 8, 1990.
K005
Nonwastewater
June 8, 1989.
K006
All
Aug. 8, 1990.
K007
Wastewater
Aug. 8, 1990.
K007
Nonwastewater
June 8, 1989.
K008
Wastewater
Aug. 8, 1990.
K008
Nonwastewater
Aug. 8, 1988.
K009
All
June 8, 1989.
K010
All
June 8, 1989.
K011
Wastewater
Aug. 8, 1990.
K011
Nonwastewater
June 8, 1989.
K013
Wastewater
Aug. 8, 1990.
K013
Nonwastewater
June 8, 1989.
K014
Wastewater
Aug. 8, 1990.
K014
Nonwastewater
June 8, 1989.
K015
Wastewater
Aug. 8, 1988.
K015
Nonwastewater
Aug. 8, 1990.
K016
All
Aug. 8, 1988.
K017
All
Aug. 8, 1990.
K018
All
Aug. 8, 1988.
K019
All
Aug. 8, 1988.
K020
All
Aug. 8, 1988.
K021
Wastewater
Aug. 8, 1990.
K021
Nonwastewater
Aug. 8, 1988.
K022
Wastewater
Aug. 8, 1990.
K022
Nonwastewater
Aug. 8, 1988.
K023
All
June 8, 1989.
K024
All
Aug. 8, 1988.
K025
Wastewater
Aug. 8, 1990.
K025
Nonwastewater
Aug. 8, 1988.
K026
All
Aug. 8, 1990.
K027
All
June 8, 1989.
K028 (metals)
Nonwastewater
Aug. 8, 1990.
K028
All others
June 8, 1989.
K029
Wastewater
Aug. 8, 1990.
K029
Nonwastewater
June 8, 1989.
K030
All
Aug. 8, 1988.
K031
Wastewater
Aug. 8, 1990.
K031
Nonwastewater
May 8, 1992.
K032
All
Aug. 8, 1990.
K033
All
Aug. 8, 1990.
K034
All
Aug. 8, 1990.
K035
All
Aug. 8, 1990.
K036
Wastewater
June 8, 1989.
K036
Nonwastewater
Aug. 8, 1988.
K037b
Wastewater
Aug. 8, 1988.
K037
Nonwastewater
Aug. 8, 1988.
K038
All
June 8, 1989.
K039
All
June 8, 1989.
K040
All
June 8, 1989.
K041
All
Aug. 8, 1990.
K042
All
Aug. 8, 1990.
K043
All
June 8, 1989.
K044
All
Aug. 8, 1988.
K045
All
Aug. 8, 1988.
K046 (Nonreactive)
Nonwastewater
Aug. 8, 1988.
K046
All others
Aug. 8, 1990.
K047
All
Aug. 8, 1988.
K048
Wastewater
Aug. 8, 1990.
K048
Nonwastewater
Nov. 8, 1990.
K049
Wastewater
Aug. 8, 1990.
K049
Nonwastewater
Nov. 8, 1990.
K050
Wastewater
Aug. 8, 1990.
K050
Nonwastewater
Nov. 8, 1990.
K051
Wastewater
Aug. 8, 1990.
K051
Nonwastewater
Nov. 8, 1990.
K052
Wastewater
Aug. 8, 1990.
K052
Nonwastewater
Nov. 8, 1990.
K060
Wastewater
Aug. 8, 1990.
K060
Nonwastewater
Aug. 8, 1988.
K061
Wastewater
Aug. 8, 1990.
K061
Nonwastewater
June 30, 1992.
K062
All
Aug. 8, 1988.
K069 (Non-Calcium Sulfate)
Nonwastewater
Aug. 8, 1988.
K069
All others
Aug. 8, 1990.
K071
All
Aug. 8, 1990.
K073
All
Aug. 8, 1990.
K083
All
Aug. 8, 1990.
K084
Wastewater
Aug. 8, 1990.
K084
Nonwastewater
May 8, 1992.
K085
All
Aug. 8, 1990.
K086 (organics)b
All
Aug. 8, 1988.
K086
All others
Aug. 8, 1988.
K087
All
Aug. 8, 1988.
K088
All others
Oct. 8, 1997.
K088
All others
Jan. 8, 1997.
K093
All
June 8, 1989.
K094
All
June 8, 1989.
K095
Wastewater
Aug. 8, 1990.
K095
Nonwastewater
June 8, 1989.
K096
Wastewater
Aug. 8, 1990.
K096
Nonwastewater
June 8, 1989.
K097
All
Aug. 8, 1990.
K098
All
Aug. 8, 1990.
K099
All
Aug. 8, 1988.
K100
Wastewater
Aug. 8, 1990.
K100
Nonwastewater
Aug. 8, 1988.
K101 (organics)
Wastewater
Aug. 8, 1988.
K101 (metals)
Wastewater
Aug. 8, 1990.
K101 (organics)
Nonwastewater
Aug. 8, 1988.
K101 (metals)
Nonwastewater
May 8, 1992.
K102 (organics)
Wastewater
Aug. 8, 1988.
K102 (metals)
Wastewater
Aug. 8, 1990.
K102 (organics)
Nonwastewater
Aug. 8, 1988.
K102 (metals)
Nonwastewater
May 8, 1992.
K103
All
Aug. 8, 1988.
K104
All
Aug. 8, 1988.
K105
All
Aug. 8, 1990.
K106
Wastewater
Aug. 8, 1990.
K106
Nonwastewater
May 8, 1992.
K107
Mixed with radioactive wastes
June 30, 1994.
K107
All others
Nov. 9, 1992.
K108
Mixed with radioactive wastes
June 30, 1994.
K108
All others
Nov. 9, 1992.
K109
Mixed with radioactive wastes
June 30, 1994.
K109
All others
Nov. 9, 1992.
K110
Mixed with radioactive wastes
June 30, 1994.
K110
All others
Nov. 9, 1992.
K111
Mixed with radioactive wastes
June 30, 1994.
K111
All others
Nov. 9, 1992.
K112
Mixed with radioactive wastes
June 30, 1994.
K112
All others
Nov. 9, 1992.
K113
All
June 8, 1989.
K114
All
June 8, 1989.
K115
All
June 8, 1989.
K116
All
June 8, 1989.
K117
Mixed with radioactive wastes
June 30, 1994.
K117
All others
Nov. 9, 1992.
K118
Mixed with radioactive wastes
June 30, 1994.
K118
All others
Nov. 9, 1992.
K123
Mixed with radioactive wastes
June 30, 1994.
K123
All others
Nov. 9, 1992.
K124
Mixed with radioactive wastes
June 30, 1994.
K124
All others
Nov. 9, 1992.
K125
Mixed with radioactive wastes
June 30, 1994.
K125
All others
Nov. 9, 1992.
K126
Mixed with radioactive wastes
June 30, 1994.
K126
All others
Nov. 9, 1992.
K131
Mixed with radioactive wastes
June 30, 1994.
K131
All others
Nov. 9, 1992.
K132
Mixed with radioactive wastes
June 30, 1994.
K132
All others
Nov. 9, 1992.
K136
Mixed with radioactive wastes
June 30, 1994.
K136
All others
Nov. 9, 1992.
K141
Mixed with radioactive wastes
Sep. 19, 1996.
K141
All others
Dec. 19, 1994.
K142
Mixed with radioactive wastes
Sep. 19, 1996.
K142
All others
Dec. 19, 1994.
K143
Mixed with radioactive wastes
Sep. 19, 1996.
K143
All others
Dec. 19, 1994.
K144
Mixed with radioactive wastes
Sep. 19, 1996.
K144
All others
Dec. 19, 1994.
K145
Mixed with radioactive wastes
Sep. 19, 1996.
K145
All others
Dec. 19, 1994.
K147
Mixed with radioactive wastes
Sep. 19, 1996.
K147
All others
Dec. 19, 1994.
K148
Mixed with radioactive wastes
Sep. 19, 1996.
K148
All others
Dec. 19, 1994.
K149
Mixed with radioactive wastes
Sep. 19, 1996.
K149
All others
Dec. 19, 1994.
K150
Mixed with radioactive wastes
Sep. 19, 1996.
K150
All others
Dec. 19, 1994.
K151
Mixed with radioactive wastes
Sep. 19, 1996.
K151
All others
Dec. 19, 1994.
K156
Mixed with radioactive wastes
Apr. 8, 1998.
K156
All others
July 8, 1996.
K157
Mixed with radioactive wastes
Apr. 8, 1998.
K157
All others
July 8, 1996.
K158
Mixed with radioactive wastes
Apr. 8, 1998.
K158
All others
July 8, 1996.
K159
Mixed with radioactive wastes
Apr. 8, 1998.
K159
All others
July 8, 1996.
K160
Mixed with radioactive wastes
Apr. 8, 1998.
K160
All others
July 8, 1996.
K161
Mixed with radioactive wastes
Apr. 8, 1998.
K161
All others
July 8, 1996.
P001
All
Aug. 8, 1990.
P002
All
Aug. 8, 1990.
P003
All
Aug. 8, 1990.
P004
All
Aug. 8, 1990.
P005
All
Aug. 8, 1990.
P006
All
Aug. 8, 1990.
P007
All
Aug. 8, 1990.
P008
All
Aug. 8, 1990.
P009
All
Aug. 8, 1990.
P010
Wastewater
Aug. 8, 1990.
P010
Nonwastewater
May 8, 1992.
P011
Wastewater
Aug. 8, 1990.
P011
Nonwastewater
May 8, 1992.
P012
Wastewater
Aug. 8, 1990.
P012
Nonwastewater
May 8, 1992.
P013 (barium)
Nonwastewater
Aug. 8, 1990.
P013
All others
June 8, 1989.
P014
All
Aug. 8, 1990.
P015
All
Aug. 8, 1990.
P016
All
Aug. 8, 1990.
P017
All
Aug. 8, 1990.
P018
All
Aug. 8, 1990.
P020
All
Aug. 8, 1990.
P021
All
June 8, 1989.
P022
All
Aug. 8, 1990.
P023
All
Aug. 8, 1990.
P024
All
Aug. 8, 1990.
P026
All
Aug. 8, 1990.
P027
All
Aug. 8, 1990.
P028
All
Aug. 8, 1990.
P029
All
June 8, 1989.
P030
All
June 8, 1989.
P031
All
Aug. 8, 1990.
P033
All
Aug. 8, 1990.
P034
All
Aug. 8, 1990.
P036
Wastewater
Aug. 8, 1990.
P036
Nonwastewater
May 8, 1992.
P037
All
Aug. 8, 1990.
P038
Wastewater
Aug. 8, 1990.
P038
Nonwastewater
May 8, 1992.
P039
All
June 8, 1989.
P040
All
June 8, 1989.
P041
All
June 8, 1989.
P042
All
Aug. 8, 1990.
P043
All
June 8, 1989.
P044
All
June 8, 1989.
P045
All
Aug. 8, 1990.
P046
All
Aug. 8, 1990.
P047
All
Aug. 8, 1990.
P048
All
Aug. 8, 1990.
P049
All
Aug. 8, 1990.
P050
All
Aug. 8, 1990.
P051
All
Aug. 8, 1990.
P054
All
Aug. 8, 1990.
P056
All
Aug. 8, 1990.
P057
All
Aug. 8, 1990.
P058
All
Aug. 8, 1990.
P059
All
Aug. 8, 1990.
P060
All
Aug. 8, 1990.
P062
All
June 8, 1989.
P063
All
June 8, 1989.
P064
All
Aug. 8, 1990.
P065
Wastewater
Aug. 8, 1990.
P065
Nonwastewater
May 8, 1992.
P066
All
Aug. 8, 1990.
P067
All
Aug. 8, 1990.
P068
All
Aug. 8, 1990.
P069
All
Aug. 8, 1990.
P070
All
Aug. 8, 1990.
P071
All
June 8, 1989.
P072
All
Aug. 8, 1990.
P073
All
Aug. 8, 1990.
P074
All
June 8, 1989.
P075
All
Aug. 8, 1990.
P076
All
Aug. 8, 1990.
P077
All
Aug. 8, 1990.
P078
All
Aug. 8, 1990.
P081
All
Aug. 8, 1990.
P082
All
Aug. 8, 1990.
P084
All
Aug. 8, 1990.
P085
All
June 8, 1989.
P087
All
May 8, 1992.
P088
All
Aug. 8, 1990.
P089
All
June 8, 1989.
P092
Wastewater
Aug. 8, 1990.
P092
Nonwastewater
May 8, 1992.
P093
All
Aug. 8, 1990.
P094
All
June 8, 1989.
P095
All
Aug. 8, 1990.
P096
All
Aug. 8, 1990.
P097
All
June 8, 1989.
P098
All
June 8, 1989.
P099 (silver)
Wastewater
Aug. 8, 1990.
P099
All others
June 8, 1989.
P101
All
Aug. 8, 1990.
P102
All
Aug. 8, 1990.
P103
All
Aug. 8, 1990.
P104 (silver)
Wastewater
Aug. 8, 1990.
P104
All others
June 8, 1989.
P105
All
Aug. 8, 1990.
P106
All
June 8, 1989.
P108
All
Aug. 8, 1990.
P109
All
June 8, 1989.
P110
All
Aug. 8, 1990.
P111
All
June 8, 1989.
P112
All
Aug. 8, 1990.
P113
All
Aug. 8, 1990.
P114
All
Aug. 8, 1990.
P115
All
Aug. 8, 1990.
P116
All
Aug. 8, 1990.
P118
All
Aug. 8, 1990.
P119
All
Aug. 8, 1990.
P120
All
Aug. 8, 1990.
P121
All
June 8, 1989.
P122
All
Aug. 8, 1990.
P123
All
Aug. 8, 1990.
P127
Mixed with radioactive wastes
Apr. 8, 1998.
P127
All others
July 8, 1996.
P128
Mixed with radioactive wastes
Apr. 8, 1998.
P128
All others
July 8, 1996.
P185
Mixed with radioactive wastes
Apr. 8, 1998.
P185
All others
July 8, 1996.
P188
Mixed with radioactive wastes
Apr. 8, 1998.
P188
All others
July 8, 1996.
P189
Mixed with radioactive wastes
Apr. 8, 1998.
P189
All others
July 8, 1996.
P190
Mixed with radioactive wastes
Apr. 8, 1998.
P190
All others
July 8, 1996.
P191
Mixed with radioactive wastes
Apr. 8, 1998.
P191
All others
July 8, 1996.
P192
Mixed with radioactive wastes
Apr. 8, 1998.
P192
All others
July 8, 1996.
P194
Mixed with radioactive wastes
Apr. 8, 1998.
P194
All others
July 8, 1996.
P196
Mixed with radioactive wastes
Apr. 8, 1998.
P196
All others
July 8, 1996.
P197
Mixed with radioactive wastes
Apr. 8, 1998.
P197
All others
July 8, 1996.
P198
Mixed with radioactive wastes
Apr. 8, 1998.
P198
All others
July 8, 1996.
P199
Mixed with radioactive wastes
Apr. 8, 1998.
P199
All others
July 8, 1996.
P201
Mixed with radioactive wastes
Apr. 8, 1998.
P201
All others
July 8, 1996.
P202
Mixed with radioactive wastes
Apr. 8, 1998.
P202
All others
July 8, 1996.
P203
Mixed with radioactive wastes
Apr. 8, 1998.
P203
All others
July 8, 1996.
P204
Mixed with radioactive wastes
Apr. 8, 1998.
P204
All others
July 8, 1996.
P205
Mixed with radioactive wastes
Apr. 8, 1998.
P205
All others
July 8, 1996.
U001
All
Aug. 8, 1990.
U002
All
Aug. 8, 1990.
U003
All
Aug. 8, 1990.
U004
All
Aug. 8, 1990.
U005
All
Aug. 8, 1990.
U006
All
Aug. 8, 1990.
U007
All
Aug. 8, 1990.
U008
All
Aug. 8, 1990.
U009
All
Aug. 8, 1990.
U010
All
Aug. 8, 1990.
U011
All
Aug. 8, 1990.
U012
All
Aug. 8, 1990.
U014
All
Aug. 8, 1990.
U015
All
Aug. 8, 1990.
U016
All
Aug. 8, 1990.
U017
All
Aug. 8, 1990.
U018
All
Aug. 8, 1990.
U019
All
Aug. 8, 1990.
U020
All
Aug. 8, 1990.
U021
All
Aug. 8, 1990.
U022
All
Aug. 8, 1990.
U023
All
Aug. 8, 1990.
U024
All
Aug. 8, 1990.
U025
All
Aug. 8, 1990.
U026
All
Aug. 8, 1990.
U027
All
Aug. 8, 1990.
U028
All
June 8, 1989.
U029
All
Aug. 8, 1990.
U030
All
Aug. 8, 1990.
U031
All
Aug. 8, 1990.
U032
All
Aug. 8, 1990.
U033
All
Aug. 8, 1990.
U034
All
Aug. 8, 1990.
U035
All
Aug. 8, 1990.
U036
All
Aug. 8, 1990.
U037
All
Aug. 8, 1990.
U038
All
Aug. 8, 1990.
U039
All
Aug. 8, 1990.
U041
All
Aug. 8, 1990.
U042
All
Aug. 8, 1990.
U043
All
Aug. 8, 1990.
U044
All
Aug. 8, 1990.
U045
All
Aug. 8, 1990.
U046
All
Aug. 8, 1990.
U047
All
Aug. 8, 1990.
U048
All
Aug. 8, 1990.
U049
All
Aug. 8, 1990.
U050
All
Aug. 8, 1990.
U051
All
Aug. 8, 1990.
U052
All
Aug. 8, 1990.
U053
All
Aug. 8, 1990.
U055
All
Aug. 8, 1990.
U056
All
Aug. 8, 1990.
U057
All
Aug. 8, 1990.
U058
All
June 8, 1989.
U059
All
Aug. 8, 1990.
U060
All
Aug. 8, 1990.
U061
All
Aug. 8, 1990.
U062
All
Aug. 8, 1990.
U063
All
Aug. 8, 1990.
U064
All
Aug. 8, 1990.
U066
All
Aug. 8, 1990.
U067
All
Aug. 8, 1990.
U068
All
Aug. 8, 1990.
U069
All
June 30, 1992.
U070
All
Aug. 8, 1990.
U071
All
Aug. 8, 1990.
U072
All
Aug. 8, 1990.
U073
All
Aug. 8, 1990.
U074
All
Aug. 8, 1990.
U075
All
Aug. 8, 1990.
U076
All
Aug. 8, 1990.
U077
All
Aug. 8, 1990.
U078
All
Aug. 8, 1990.
U079
All
Aug. 8, 1990.
U080
All
Aug. 8, 1990.
U081
All
Aug. 8, 1990.
U082
All
Aug. 8, 1990.
U083
All
Aug. 8, 1990.
U084
All
Aug. 8, 1990.
U085
All
Aug. 8, 1990.
U086
All
Aug. 8, 1990.
U087
All
June 8, 1989.
U088
All
June 8, 1989.
U089
All
Aug. 8, 1990.
U090
All
Aug. 8, 1990.
U091
All
Aug. 8, 1990.
U092
All
Aug. 8, 1990.
U093
All
Aug. 8, 1990.
U094
All
Aug. 8, 1990.
U095
All
Aug. 8, 1990.
U096
All
Aug. 8, 1990.
U097
All
Aug. 8, 1990.
U098
All
Aug. 8, 1990.
U099
All
Aug. 8, 1990.
U101
All
Aug. 8, 1990.
U102
All
June 8, 1989.
U103
All
Aug. 8, 1990.
U105
All
Aug. 8, 1990.
U106
All
Aug. 8, 1990.
U107
All
June 8, 1989.
U108
All
Aug. 8, 1990.
U109
All
Aug. 8, 1990.
U110
All
Aug. 8, 1990.
U111
All
Aug. 8, 1990.
U112
All
Aug. 8, 1990.
U113
All
Aug. 8, 1990.
U114
All
Aug. 8, 1990.
U115
All
Aug. 8, 1990.
U116
All
Aug. 8, 1990.
U117
All
Aug. 8, 1990.
U118
All
Aug. 8, 1990.
U119
All
Aug. 8, 1990.
U120
All
Aug. 8, 1990.
U121
All
Aug. 8, 1990.
U122
All
Aug. 8, 1990.
U123
All
Aug. 8, 1990.
U124
All
Aug. 8, 1990.
U125
All
Aug. 8, 1990.
U126
All
Aug. 8, 1990.
U127
All
Aug. 8, 1990.
U128
All
Aug. 8, 1990.
U129
All
Aug. 8,1990.
U130
All
Aug. 8, 1990.
U131
All
Aug. 8, 1990.
U132
All
Aug. 8, 1990.
U133
All
Aug. 8, 1990.
U134
All
Aug. 8, 1990.
U135
All
Aug. 8, 1990.
U136
Wastewater
Aug. 8, 1990.
U136
Nonwastewater
May 8, 1992.
U137
All
Aug. 8, 1990.
U138
All
Aug. 8, 1990.
U140
All
Aug. 8, 1990.
U141
All
Aug. 8, 1990.
U142
All
Aug. 8, 1990.
U143
All
Aug. 8, 1990.
U144
All
Aug. 8, 1990.
U145
All
Aug. 8, 1990.
U146
All
Aug. 8, 1990.
U147
All
Aug. 8, 1990.
U148
All
Aug. 8, 1990.
U149
All
Aug. 8, 1990.
U150
All
Aug. 8, 1990.
U151
Wastewater
Aug. 8, 1990.
U151
Nonwastewater
May 8, 1992.
U152
All
Aug. 8, 1990.
U153
All
Aug. 8, 1990.
U154
All
Aug. 8, 1990.
U155
All
Aug. 8, 1990.
U156
All
Aug. 8, 1990.
U157
All
Aug. 8, 1990.
U158
All
Aug. 8, 1990.
U159
All
Aug. 8, 1990.
U160
All
Aug. 8, 1990.
U161
All
Aug. 8, 1990.
U162
All
Aug. 8, 1990.
U163
All
Aug. 8, 1990.
U164
All
Aug. 8, 1990.
U165
All
Aug. 8, 1990.
U166
All
Aug. 8, 1990.
U167
All
Aug. 8, 1990.
U168
All
Aug. 8, 1990.
U169
All
Aug. 8, 1990.
U170
All
Aug. 8, 1990.
U171
All
Aug. 8, 1990.
U172
All
Aug. 8, 1990.
U173
All
Aug. 8, 1990.
U174
All
Aug. 8, 1990.
U176
All
Aug. 8, 1990.
U177
All
Aug. 8, 1990.
U178
All
Aug. 8, 1990.
U179
All
Aug. 8, 1990.
U180
All
Aug. 8, 1990.
U181
All
Aug. 8, 1990.
U182
All
Aug. 8, 1990.
U183
All
Aug. 8, 1990.
U184
All
Aug. 8, 1990.
U185
All
Aug. 8, 1990.
U186
All
Aug. 8, 1990.
U187
All
Aug. 8, 1990.
U188
All
Aug. 8, 1990.
U189
All
Aug. 8, 1990.
U190
All
June 8, 1989.
U191
All
Aug. 8, 1990.
U192
All
Aug. 8, 1990.
U193
All
Aug. 8, 1990.
U194
All
June 8, 1989.
U196
All
Aug. 8, 1990.
U197
All
Aug. 8, 1990.
U200
All
Aug. 8, 1990.
U201
All
Aug. 8, 1990.
U203
All
Aug. 8, 1990.
U204
All
Aug. 8, 1990.
U205
All
Aug. 8, 1990.
U206
All
Aug. 8, 1990.
U207
All
Aug. 8, 1990.
U208
All
Aug. 8, 1990.
U209
All
Aug. 8, 1990.
U210
All
Aug. 8, 1990.
U211
All
Aug. 8, 1990.
U213
All
Aug. 8, 1990.
U214
All
Aug. 8, 1990.
U215
All
Aug. 8, 1990.
U216
All
Aug. 8, 1990.
U217
All
Aug. 8, 1990.
U218
All
Aug. 8, 1990.
U219
All
Aug. 8, 1990.
U220
All
Aug. 8, 1990.
U221
All
June 8, 1989.
U222
All
Aug. 8, 1990.
U223
All
June 8, 1989.
U225
All
Aug. 8, 1990.
U226
All
Aug. 8, 1990.
U227
All
Aug. 8, 1990.
U228
All
Aug. 8, 1990.
U234
All
Aug. 8, 1990.
U235
All
June 8, 1989.
U236
All
Aug. 8, 1990.
U237
All
Aug. 8, 1990.
U238
All
Aug. 8, 1990.
U239
All
Aug. 8, 1990.
U240
All
Aug. 8, 1990.
U243
All
Aug. 8, 1990.
U244
All
Aug. 8, 1990.
U246
All
Aug. 8, 1990.
U247
All
Aug. 8, 1990.
U248
All
Aug. 8, 1990.
U249
All
Aug. 8, 1990.
U271
Mixed with radioactive wastes
Apr. 8, 1998.
U271
All others
July 8, 1996.
U277
Mixed with radioactive wastes
Apr. 8, 1998.
U277
All others
July 8, 1996.
U278
Mixed with radioactive wastes
Apr. 8, 1998.
U278
All others
July 8, 1996.
U279
Mixed with radioactive wastes
Apr. 8, 1998.
U279
All others
July 8, 1996.
U280
Mixed with radioactive wastes
Apr. 8, 1998.
U280
All others
July 8, 1996.
U328
Mixed with radioactive wastes
June 30, 1994.
U328
All others
Nov. 9, 1992.
U353
Mixed with radioactive wastes
June 30, 1994.
U353
All others
Nov. 9, 1992.
U359
Mixed with radioactive wastes
June 30, 1994.
U359
All others
Nov. 9, 1992.
U364
Mixed with radioactive wastes
Apr. 8, 1998.
U364
All others
July 8, 1996.
U365
Mixed with radioactive wastes
Apr. 8, 1998.
U365
All others
July 8, 1996.
U366
Mixed with radioactive wastes
Apr. 8, 1998.
U366
All others
July 8, 1996.
U367
Mixed with radioactive wastes
Apr. 8, 1998.
U367
All others
July 8, 1996.
U372
Mixed with radioactive wastes
Apr. 8, 1998.
U372
All others
July 8, 1996.
U373
Mixed with radioactive wastes
Apr. 8, 1998.
U373
All others
July 8, 1996.
U375
Mixed with radioactive wastes
Apr. 8, 1998.
U375
All others
July 8, 1996.
U376
Mixed with radioactive wastes
Apr. 8, 1998.
U376
All others
July 8, 1996.
U377
Mixed with radioactive wastes
Apr. 8, 1998.
U377
All others
July 8, 1996.
U378
Mixed with radioactive wastes
Apr. 8, 1998.
U378
All others
July 8, 1996.
U379
Mixed with radioactive wastes
Apr. 8, 1998.
U379
All others
July 8,
1996.
U381
Mixed with radioactive wastes
Apr. 8, 1998.
U381
All others
July 8, 1996.
U382
Mixed with radioactive wastes
Apr. 8, 1998.
U382
All others
July 8, 1996.
U383
Mixed with radioactive wastes
Apr. 8, 1998.
U383
All others
July 8, 1996.
U384
Mixed with radioactive wastes
Apr. 8, 1998.
U384
All others
July 8, 1996.
U385
Mixed with radioactive wastes
Apr. 8, 1998.
U385
All others
July 8, 1996.
U386
Mixed with radioactive wastes
Apr. 8, 1998.
U386
All others
July 8, 1996.
U387
Mixed with radioactive wastes
Apr. 8, 1998.
U387
All others
July 8, 1996.
U389
Mixed with radioactive wastes
Apr. 8, 1998.
U389
All others
July 8, 1996.
U390
Mixed with radioactive wastes
Apr. 8, 1998.
U390
All others
July 8,
1996.
U391
Mixed with radioactive wastes
Apr. 8, 1998.
U391
All others
July 8, 1996.
U392
Mixed with radioactive wastes
Apr. 8, 1998.
U392
All others
July 8, 1996.
U393
Mixed with radioactive wastes
Apr. 8, 1998.
U393
All others
July 8, 1996.
U394
Mixed with radioactive wastes
Apr. 8, 1998.
U394
All others
July 8, 1996.
U395
Mixed with radioactive wastes
Apr. 8, 1998.
U395
All others
July 8, 1996.
U396
Mixed with radioactive wastes
Apr. 8, 1998.
U396
All others
July 8, 1996.
U400
Mixed with radioactive wastes
Apr. 8, 1998.
U400
All others
July 8, 1996.
U401
Mixed with radioactive wastes
Apr. 8, 1998.
U401
All others
July 8, 1996.
U402
Mixed with radioactive wastes
Apr. 8, 1998.
U402
All others
July 8,
1996.
U403
Mixed with radioactive wastes
Apr. 8, 1998.
U403
All others
July 8, 1996.
U404
Mixed with radioactive wastes
Apr. 8, 1998.
U404
All others
July 8, 1996.
U407
Mixed with radioactive wastes
Apr. 8, 1998.
U407
All others
July 8, 1996.
U409
Mixed with radioactive wastes
Apr. 8, 1998.
U409
All others
July 8, 1996.
U410
Mixed with radioactive wastes
Apr. 8, 1998.
U410
All others
July 8, 1996.
U411
Mixed with radioactive wastes
Apr. 8, 1998.
U411
All others
July 8, 1996.
a This table does not include mixed
				radioactive wastes (from the First, Second, and Third Third rules) which
				received national capacity variance until May 8, 1992 This table also does not
				include contaminated soil and debris wastes
b The standard was revised in the
				Third Third Final Rule (55 FR 22520, June 1, 1990)
c The standard was revised in the
				Third Third Emergency Rule (58 FR 29860, May 24, 1993); the original effective
				date was August 8, 1990
d The standard was revised in the
				Phase II Final Rule (59 FR 47982, Sept 19, 1994); the original effective date
				was
August 8, 1990
e The standards for selected
				reactive wastes was revised in the Phase III Final Rule (61 FR 15566, Apr 8,
				1996); the original effective date was August 8, 1990
Table 2
Summary of Effective Dates of Land Disposal Restrictions
				for Contaminated Soil and
Debris (CSD)
Restricted hazardous waste in CSD
Effective date
1. Solvent-(F001-F005) and dioxin-(F020-F023 and
						  F026-F028) containing soil and debris from CERCLA response or RCRA corrective
						  actions
Nov. 8, 1990.
2. Soil and debris not from CERCLA response or RCRA
						  corrective actions contaminated with less than 1% total solvents (F001-F005) or
						  dioxins (F020-F023 and F026-F028)
Nov. 8, 1988.
3 All soil and debris contaminated with First Third
						  wastes for which treatment standards are based on incineration
Aug. 8, 1990.
4. All soil and debris contaminated with Second Third
						  wastes for which treatment standards are based on incineration
June 8, 1991.
5. All soil and debris contaminated with Third Third
						  wastes or, First or Second Third "soft hammer" wastes which had treatment
						  standards promulgated in the Third Third rule, for which treatment standards
						  are based on incineration, vitrification, or mercury retorting, acid leaching
						  followed by chemical precipitation, or thermal recovery of metals; as well as
						  all inorganic solids debris contaminated with D004-D011 wastes, and all soil
						  and debris contaminated with mixed RCRA/radioactive wastes
May 8, 1992.
6. Soil and debris contaminated with D012-D043,
						  K141-K145, and K147-151 wastes
Dec. 19, 1994.
7. Debris (only) contaminated with F037, F038,
						  K107-K112, K117, K118, K123-K126, K131, K132, K136, U328, U353, U359
Dec. 19, 1994
8. Soil and debris contaminated with K156-K161, P127,
						  P128, P188-P192, P194, P196-P199, P201-P205, U271, U277-U280, U364-U367, U372,
						  U373, U375-U379, U381-U387, U389-U396, U400-U404, U407, and U409-U411
						  wastes
July 8, 1996.
9. Soil and debris contaminated with K088 wastes
Oct. 8, 1997.
10. Soil and debris contaminated with radioactive
						  wastes mixed with K088, K156-K161, P127, P128, P188-P192, P194, P196-P199,
						  P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387,
						  U389-U396, U400-U404, U407, and U409-U411 wastes
April 8, 1998.
11. Soil and debris contaminated with F032, F034, and
						  F035
May 12, 1997.
12. Soil and debris contaminated with newly identified
						  D004-D011 toxicity characteristic wastes and mineral processing wastes.
Aug. 24, 1998.
13. Soil and debris contaminated with mixed radioactive
						  newly identified D004-D011
May 26,
characteristic wastes and mineral processing
						  wastes.
2000.
Note: Appendix VII is provided for the convenience of the
				reader
Appendix VIII to Section 268 - LDR Effective Dates of
				Injected Prohibited Hazardous Wastes
National Capacity LDR Variances for UIC
				Wastesa
Waste code
Waste category
Effective date
F001-F005
All spent F001-F005 solvent containing less than 1
						  percent total F001-F005 solvent constituents
Aug. 8, 1990.
D001 (except High TOC Ignitable Liquids
Subcategory)c
All
Feb. 10, 1994.
D001 (High TOC Ignitable Characteristic Liquids
						  Subcategory)
Nonwastewater
Sept. 19, 1995.
D002b
All
May 8, 1992.
D002c
All
Feb. 10, 1994.
D003 (cyanides)
All
May 8, 1992.
D003 (sulfides)
All
May 8, 1992.
D003 (explosives, reactives)
All
May 8, 1992.
D007
All
May 8, 1992.
D009
Nonwastewater
May 8, 1992.
D012
All
Sept. 19, 1995.
D013
All
Sept. 19, 1995.
D014
All
Sept. 19, 1995.
D015
All
Sept. 19, 1995.
D016
All
Sept. 19, 1995.
D017
All
Sept. 19, 1995.
D018
All, including mixed with radioactive wastes
Apr. 8, 1998.
D019
All, including mixed with radioactive wastes
Apr. 8, 1998.
D020
All, including mixed with radioactive wastes
Apr. 8, 1998.
D021
All, including mixed with radioactive wastes
Apr. 8, 1998.
D022
All, including mixed with radioactive wastes
Apr. 8, 1998.
D023
All, including mixed radioactive wastes
Apr. 8, 1998.
D024
All, including mixed radioactive wastes
Apr. 8, 1998.
D025
All, including mixed radioactive wastes
Apr. 8, 1998.
D026
All, including mixed radioactive wastes
Apr. 8, 1998.
D027
All, including mixed radioactive wastes
Apr. 8, 1998.
D028
All, including mixed radioactive wastes
Apr. 8, 1998.
D029
All, including mixed radioactive wastes
Apr. 8, 1998.
D030
All, including mixed radioactive wastes
Apr. 8, 1998.
D031
All, including mixed radioactive wastes
Apr. 8, 1998.
D032
All, including mixed radioactive wastes
Apr. 8, 1998.
D033
All, including mixed radioactive wastes
Apr. 8, 1998.
D034
All, including mixed radioactive wastes
Apr. 8, 1998.
D035
All, including mixed radioactive wastes
Apr. 8, 1998.
D036
All, including mixed radioactive wastes
Apr. 8, 1998.
D037
All, including mixed radioactive wastes
Apr. 8, 1998.
D038
All, including mixed radioactive wastes
Apr. 8, 1998.
D039
All, including mixed radioactive wastes
Apr. 8, 1998.
D040
All, including mixed radioactive wastes
Apr. 8, 1998.
D041
All, including mixed radioactive wastes
Apr. 8, 1998.
D042
All, including mixed radioactive wastes
Apr. 8, 1998.
D043
All, including mixed radioactive wastes
Apr. 8, 1998.
F007
All
June 8, 1991.
F032
All, including mixed radioactive wastes
May 12, 1999.
F034
All, including mixed radioactive wastes
May 12, 1999.
F035
All, including mixed radioactive wastes
May 12, 1999.
F037
All
Nov. 8, 1992.
F038
All
Nov. 8, 1992.
F039
Wastewater
May 8, 1992.
K009
Wastewater
June 8, 1991.
K011
Nonwastewater
June 8, 1991.
K011
Wastewater
May 8, 1992.
K013
Nonwastewater
June 8, 1991.
K013
Wastewater
May 8, 1992.
K014
All
May 8, 1992.
K016 (dilute)
All
June 8, 1991.
K049
All
Aug. 8, 1990.
K050
All
Aug. 8, 1990.
K051
All
Aug. 8, 1990.
K052
All
Aug. 8, 1990.
K062
All
Aug. 8, 1990.
K071
All
Aug. 8, 1990.
K088
All
Jan. 8, 1997.
K104
All
Aug. 8, 1990.
K107
All
Nov. 8, 1992.
K108
All
Nov. 9, 1992.
K109
All
Nov. 9, 1992.
K110
All
Nov. 9, 1992.
K111
All
Nov. 9, 1992.
K112
All
Nov. 9, 1992.
K117
All
June 30, 1995.
K118
All
June 30, 1995.
K123
All
Nov. 9, 1992.
K124
All
Nov. 9, 1992.
K125
All
Nov. 9, 1992.
K126
All
Nov. 9, 1992.
K131
All
June 30, 1995.
K132
All
June 30, 1995.
K136
All
Nov. 9, 1992.
K141
All
Dec. 19, 1994.
K142
All
Dec. 19, 1994.
K143
All
Dec. 19, 1994.
K144
All
Dec. 19, 1994.
K145
All
Dec. 19, 1994.
K147
All
Dec. 19, 1994.
K148
All
Dec. 19, 1994.
K149
All
Dec. 19, 1994.
K150
All
Dec. 19, 1994.
K151
All
Dec. 19, 1994.
K156
All
July 8, 1996.
K157
All
July 8, 1996.
K158
All
July 8, 1996.
K159
All
July 8, 1996.
K160
All
July 8, 1996.
K161
All
July 8, 1996.
NA
Newly identified mineral processing wastes from
						  titanium dioxide production and mixed radioactive/newly identified D004-D011
						  characteristic wastes and mineral processing wastes.
May 26, 2000.
P127
All
July 8, 1996.
P128
All
July 8, 1996.
P185
All
July 8, 1996.
P188
All
July 8, 1996.
P189
All
July 8, 1996.
P190
All
July 8, 1996.
P191
All
July 8, 1996.
P192
All
July 8, 1996.
P194
All
July 8, 1996.
P196
All
July 8, 1996.
P197
All
July 8, 1996.
P198
All
July 8, 1996.
P199
All
July 8, 1996.
P201
All
July 8, 1996.
P202
All
July 8, 1996.
P203
All
July 8, 1996.
P204
All
July 8, 1996.
P205
All
July 8, 1996.
U271
All
July 8, 1996.
U277
All
July 8, 1996.
U278
All
July 8, 1996.
U279
All
July 8, 1996.
U280
All
July 8, 1996.
U328
All
Nov. 9, 1992.
U353
All
Nov. 9, 1992.
U359
All
Nov. 9, 1992.
U364
All
July 8, 1996.
U365
All
July 8, 1996.
U366
All
July 8, 1996.
U367
All
July 8, 1996.
U372
All
July 8, 1996.
U373
All
July 8, 1996.
U375
All
July 8, 1996.
U376
All
July 8, 1996.
U377
All
July 8, 1996.
U378
All
July 8, 1996.
U379
All
July 8, 1996.
U381
All
July 8, 1996.
U382
All
July 8, 1996.
U383
All
July 8, 1996.
U384
All
July 8, 1996.
U385
All
July 8, 1996.
U386
All
July 8, 1996.
U387
All
July 8, 1996.
U389
All
July 8, 1996.
U390
All
July 8, 1996.
U391
All
July 8, 1996.
U392
All
July 8, 1996.
U395
All
July 8, 1996.
U396
All
July 8, 1996.
U400
All
July 8, 1996.
U401
All
July 8, 1996.
U402
All
July 8, 1996.
U403
All
July 8, 1996.
U404
All
July 8, 1996.
U407
All
July 8, 1996.
U409
All
July 8, 1996.
U410
All
July 8, 1996.
U411
All
July 8, 1996.
aWastes that are deep well disposed
				on-site receive a six-month variance, with restrictions effective in November
				1990.
bDeepwell injected D002 liquids with
				a pH less than 2 must meet the California List treatment standards on August 8,
				1990
cManaged in systems defined in 40
				CFR 1446(e) and 146(e) as Class V injection wells, that do not engage in
				CWA-equivalent treatment before injection.
Note: This table is provided for the convenience of the
				reader
Appendix IX to Section 268
See 40 CFR 268, Appendix
				IX
Appendix XI to Part 268 - Metal Bearing Wastes Prohibited
				From Dilution in a Combustion Unit According to
				40 CFR
				268.3(c)
																1
Waste code
Waste description
D004
Toxicity Characteristic for Arsenic.
D005
Toxicity Characteristic for Barium.
D006
Toxicity Characteristic for Cadmium.
D007
Toxicity Characteristic for Chromium.
D008
Toxicity Characteristic for Lead.
D009
Toxicity Characteristic for Mercury.
D010
Toxicity Characteristic for Selenium.
D011
Toxicity Characteristic for Silver.
F006
Wastewater treatment sludges from electroplating
						  operations except from the following processes: (1) sulfuric acid anodizing of
						  aluminum; (2) tin plating carbon steel; (3) zinc plating (segregated basis) on
						  carbon steel; (4) aluminum or zinc-plating on carbon steel; (5)
						  cleaning/stripping associated with tin, zinc and aluminum plating on carbon
						  steel; and (6) chemical etching and milling of aluminum.
F007
Spent cyanide plating bath solutions from
						  electroplating operations.
F008
Plating bath residues from the bottom of plating baths
						  from electroplating operations where cyanides are used in the process.
F009
Spent stripping and cleaning bath solutions from
						  electroplating operations where cyanides are used in the process.
F010
Quenching bath residues from oil baths from metal
						  treating operations where cyanides are used in the process.
F011
Spent cyanide solutions from salt bath pot cleaning
						  from metal heat treating operations.
F012
Quenching waste water treatment sludges from metal heat
						  treating operations where cyanides are used in the process.
F019
Wastewater treatment sludges from the chemical
						  conversion coating of aluminum except from zirconium phosphating in aluminum
						  car washing when such phosphating is an exclusive conversion coating
						  process.
K002
Wastewater treatment sludge from the production of
						  chrome yellow and orange pigments.
K003
Wastewater treatment sludge from the production of
						  molybdate orange pigments.
K004
Wastewater treatment sludge from the production of zinc
						  yellow pigments.
K005
Wastewater treatment sludge from the production of
						  chrome green pigments.
K006
Wastewater treatment sludge from the production of
						  chrome oxide green pigments (anhydrous and hydrated).
K007
Wastewater treatment sludge from the production of iron
						  blue pigments.
K008
Oven residue from the production of chrome oxide green
						  pigments.
K061
Emission control dust/sludge from the primary
						  production of steel in electric furnaces.
K069
Emission control dust/sludge from secondary lead
						  smelting.
K071
Brine purification muds from the mercury cell processes
						  in chlorine production, where separately prepurified brine is not used.
K100
Waste leaching solution from acid leaching of emission
						  control dust/sludge from secondary lead smelting.
K106
Sludges from the mercury cell processes for making
						  chlorine.
P010
Arsenic acid H3
						  AsO4
P011
Arsenic oxide As2
						  O5
P012
Arsenic trioxide
P013
Barium cyanide
P015
Beryllium
P029
Copper cyanide Cu(CN)
P074
Nickel cyanide Ni(CN)2
P087
Osmium tetroxide
P099
Potassium silver cyanide
P104
Silver cyanide
P113
Thallic oxide
P114
Thallium (l) selenite
P115
Thallium (l) sulfate
P119
Ammonium vanadate
P120
Vanadium oxide V2
						  O5
P121
Zinc cyanide.
U032
Calcium chromate.
U145
Lead phosphate.
U151
Mercury.
U204
Selenious acid.
U205
Selenium disulfide.
U216
Thallium (I) chloride.
U217
Thallium (I) nitrate.
1A combustion unit is defined as any
				thermal technology subject to Section 264, subsection part O; Section 265,
				subsection O; and/or 266, subsection H
Section 270.
ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM
Subsection A
-- General
			 Information
§ 270.1
Purpose
			 and scope of these rules
(a) Coverage.
(1) These permit rules establish provisions
			 for the Hazardous Waste Permit Program under Subtitle C of the federal Solid
			 Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of
			 1976, as amended (RCRA), ( Pub. L. 94-580, as amended by Pub. L. 95-609 and by
			 Pub. L. 96-482; 42 U.S.C. 6091 et seq.). They apply to EPA and to approved
			 States to the extent provided in 40 CFR part 271.
(2) The rules in this Section cover basic
			 State and federal permitting requirements, such as application requirements,
			 standard permit conditions, and monitoring and reporting requirements. These
			 rules are part of a regulatory scheme implementing the Arkansas Hazardous Waste
			 Management Act and the federal RCRA set forth in different parts of this
			 document and the Code of Federal Regulations. The following chart indicates
			 where the rules implementing RCRA appear in the CFR and this Rule.
Section of RCRA
Coverage
Final regulation
Final rule
Subtitle C
Overview and definitions
40 CFR part 260
Rule
23 § 260
3001
Identification and listing of hazardous waste
40 CFR part 261
Rule
23 § 261
3002
Generators of hazardous waste
40 CFR part 262
Rule
23 § 262
3003
Transporters of hazardous waste
40 CFR part 263
Rule
23 § 263
3004
Standards for HWM facilities
40 CFR parts 264, 265, 266, and 267
Rule
23 §§ 264, 265,
						  and 266
3005
Permit requirements for HWM facilities
40 CFR parts 270 and 124
Rule
23 §270, and
Rule
No. 8
3006
Guidelines for State programs
40 CFR part 271
3010
Preliminary notification of HWM activity
(public notice) 45
FR
12746 February
						  26, 1980
Rule 23 § 262
(3)
			 Technical rules. The Hazardous Waste Management (hereafter HWM) permit program
			 has separate additional Rules that contain technical requirements. These
			 separate rules are used by permit issuing authorities to determine what
			 requirements must be placed in permits if they are issued. These separate rules
			 are located in Sections 264, 266, 267, and 268 of this rule.
(b) Overview of the HWM Permit
			 Program. Not later than 90 days after the promulgation or revision of rules in
			 Section 261 of this rule (identifying and listing hazardous wastes) generators
			 and transporters of hazardous waste, and owners or operators of hazardous waste
			 treatment, storage, or disposal facilities may be required to file a
			 notification of that activity under RCRA section 3010. Treatment, storage, and
			 disposal facilities (TSDs) that are otherwise subject to permitting under RCRA
			 and that meet the criteria in paragraph (b)(1), or paragraph (b)(2) of this
			 section, may be eligible for a standardized permit under Subsection J of this
			 Section. Six months after the initial promulgation of the Section 261 rules,
			 treatment, storage, or disposal of hazardous waste by any person who has not
			 applied for or received an HWM permit is prohibited. An HWM permit application
			 consists of two parts,
Part A
(see § 270.13) and
Part B
(see § 270.14 and applicable sections in §§
			 270.15 through 270.29). For "existing HWM facilities," the requirement to
			 submit an application is satisfied by submitting only Part A of the permit
			 application until the date the Director sets for submitting Part B of the
			 application. (Part A consists of Forms 1 and 3 of the Consolidated Permit
			 Application Forms.) Timely submission of both notification under section 3010
			 and Part A qualifies owners and operators of existing HWM facilities (who are
			 required to have a permit) for interim status under the Arkansas Hazardous
			 Waste Management Act (A.C.A. §§ 8-7-201
et seq
.)
			 Facility owners and operators with interim status are treated as having been
			 issued a permit until EPA or a State with either interim authorization for
			 Phase II or final authorization under 40 CFR part 271 makes a final
			 determination on the permit application. Facility owners and operators with
			 interim status must comply with interim status standards set forth at 40 CFR
			 part 265 and 266 or with the analogous provisions at Sections 265 and 266 of
			 this Rule. Facility owners and operators with interim status are not relieved
			 from complying with other State requirements. For existing HWM facilities, the
			 Director shall set a date, giving at least six months notice, for submission of
			 Part B of the application. There is no form for Part B of the application;
			 rather, Part B must be submitted in narrative form and contain the information
			 set forth in the applicable sections of §§ 270.14 through 270.29.
			 Owners or operators of new HWM facilities must submit parts A and B of the
			 permit application at least 180 days before physical construction is expected
			 to commence.
(1) The facility generates
			 hazardous waste and then non-thermally treats or stores hazardous waste on-site
			 in tanks, containers, or containment buildings; or
(2) The facility receives hazardous waste
			 generated off-site by a generator under the same ownership as the receiving
			 facility, and then stores or non-thermally treats the hazardous waste in
			 containers, tanks, or containment buildings.
(c) Scope of the RCRA permit requirement.
			 RCRA requires a permit for the "treatment," "storage," and "disposal" of any
			 "hazardous waste'' as identified or listed in § 261of this rule. The terms
			 "treatment," "storage," "disposal," and "hazardous waste" are defined in §
			 270.2. Owners and operators of hazardous waste management units must have
			 permits during the active life (including the closure period) of the unit.
			 Owners and operators of surface impoundments, landfills, land treatment units,
			 and waste pile units that received waste after July 26, 1982, or that certified
			 closure (according to § 265.115 of this rule) after January 26, 1983, must
			 have post-closure permits, unless they demonstrate closure by removal or
			 decontamination as provided under § 270.1(c)(5) and (6), or obtain an
			 enforceable document in lieu of a post-closure permit, as provided under
			 paragraph (c)(7) of this section. If a post-closure permit is required, the
			 permit must address applicable Section 264 groundwater monitoring, unsaturated
			 zone monitoring, corrective action, and post-closure care requirements of this
			 chapter. The denial of a permit for the active life of a hazardous waste
			 management facility or unit does not affect the requirement to obtain a
			 post-closure permit under this section.
(1)
			 Specific inclusions. Owners and operators of certain facilities require HWM
			 permits as well as permits under other programs for certain aspects of the
			 facility operation. HWM permits are required for:
(i) Injection wells that dispose of hazardous
			 waste, and associated surface facilities that treat, store or dispose of
			 hazardous waste, (See § 270.64). However, the owner and operator with a
			 UIC permit in a State with an approved or promulgated UIC program, will be
			 deemed to have an HWM permit for the injection well itself if they comply with
			 the requirements of § 270.60(b) (permit-by-rule for injection
			 wells).
(ii) Treatment, storage, or
			 disposal of hazardous waste at facilities requiring an NPDES permit. However,
			 the owner and operator of a publicly owned treatment works receiving hazardous
			 waste will be deemed to have an HWM permit for that waste if they comply with
			 the requirements of § 270.60(c) (permit-by-rule for POTWs).
(iii) Barges or vessels that dispose of
			 hazardous waste by ocean disposal and onshore hazardous waste treatment or
			 storage facilities associated with an ocean disposal operation. However, the
			 owner and operator will be deemed to have an HWM permit for ocean disposal from
			 the barge or vessel itself if they comply with the requirements of §
			 270.60(a) (permit-by-rule for ocean disposal barges and vessels).
(2) Specific exclusions and
			 exemptions. The following persons are among those who are not required to
			 obtain an HWM permit:
(i) Generators who
			 accumulate hazardous waste on-site in compliance with all of the conditions for
			 exemption provided in § 262.14, § 262.15, § 262.16, and §
			 262.17.
Generators must be in full compliance with all time frames and
			 technical requirements provided in § 262.34 of this Rule in order to
			 utilize the on-site treatment exemption for generators
.
(ii) Farmers who dispose of hazardous waste
			 pesticides from their own use as provided in § 262.70 of this
			 rule;
(iii) Persons who own or
			 operate facilities solely for the treatment, storage or disposal of hazardous
			 waste excluded from rules under this section by § 261.4 or 262.14 (very
			 small quantity generator exemption).
(iv) Owners or operators of totally enclosed
			 treatment facilities as defined in § 260.10.
(v) Owners and operators of elementary
			 neutralization units or wastewater treatment units as defined in §
			 260.10.
(vi) Transporters storing
			 manifested shipments of hazardous waste in containers meeting the requirements
			 of § 262.30 at a transfer facility for a period of ten days or
			 less.
(vii) Persons adding
			 absorbent material to waste in a container (as defined in § 260.10 of this
			 rule) and persons adding waste to absorbent material in a container, provided
			 that these actions occur at the time waste is first placed in the container;
			 and §§ 264.17(b), 264.171, and 264.172 of this rule are complied
			 with.
(viii) Universal waste
			 handlers and universal waste transporters (as defined in § 260.10)
			 managing the wastes listed below. These handlers are subject to regulation
			 under § 273.
(A) Batteries as described
			 in § 273.2;
(B) Pesticides as
			 described in § 273.3 of this rule;
(C) Mercury-containing devices as described
			 in § 273.4 of this rule;
(D)
			 Lamps as described in § 273.5 of this rule; and
(E)
Consumer electronic items as
			 described in § 273.6 of this rule.
(3) Further exclusions.
(i) A person is not required to obtain a HWM
			 permit for treatment or containment activities taken during immediate response
			 to any of the following situations:
(A) A
			 discharge of a hazardous waste;
(B)
			 An imminent and substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when
			 discharged, becomes a hazardous waste.
(D) An immediate threat to human health,
			 public safety, property, or the environment from the known or suspected
			 presence of military munitions, other explosive material, or an explosive
			 device, as determined by an explosive or munitions emergency response
			 specialist as defined in § 260.10.
(ii) Any person who continues or initiates
			 hazardous waste treatment or containment activities after the immediate
			 response is over is subject to all applicable requirements of this part for
			 those activities.
(iii) In the case
			 of emergency responses involving military munitions, the responding military
			 emergency response specialist's organizational unit must retain records for
			 three years identifying the dates of the response, the responsible persons
			 responding, the type and description of material addressed, and its
			 disposition.
(4) Permits
			 for less than an entire facility. DEQ may issue or deny a permit for one or
			 more units at a facility without simultaneously issuing or denying a permit to
			 all of the units at the facility. The interim status of any unit for which a
			 permit has not been issued or denied is not affected by the issuance or denial
			 of a permit to any other unit at the facility.
(5) Closure by removal. Owners/operators of
			 surface impoundments, land treatment units, and waste piles closing by removal
			 or decontamination under Section 265 standards must obtain a post-closure
			 permit unless they can demonstrate to the Director that the closure met the
			 standards for closure by removal or decontamination in § 264.228, §
			 264.280(e), or § 264.258, respectively. The demonstration may be made in
			 the following ways:
(i) If the owner/operator
			 has submitted a Part B application for a post-closure permit, the
			 owner/operator may request a determination, based on information contained in
			 the application, that Section 264 closure by removal standards were met. If the
			 Director believes that Section 264 standards were met, he/she will notify the
			 public of this proposed decision, allow for public comment, and reach a final
			 determination according to the procedures in paragraph (c)(6) of this
			 section.
(ii) If the owner/operator
			 has not submitted a Part B application for a post-closure permit, the
			 owner/operator may petition the Director for a determination that a
			 post-closure permit is not required because the closure met the applicable
			 Section 264 closure standards.
(A) The
			 petition must include data demonstrating that closure by removal or
			 decontamination standards were met, or it must demonstrate that the unit closed
			 under State requirements that met or exceeded the applicable Section 264
			 closure-by-removal standard.
(B)
			 The Director shall approve or deny the petition according to the procedures
			 outlined in paragraph (c)(6) of this section.
(6) Procedures for closure equivalency
			 determination.
(i) If a facility
			 owner/operator seeks an equivalency demonstration under § 270.1(c)(5), the
			 Director will provide the public, through a newspaper notice, the opportunity
			 to submit written comments on the information submitted by the owner/operator
			 within 30 days from the date of the notice. The Director will also, in response
			 to a request or at his/her own discretion, hold a public hearing whenever such
			 a hearing might clarify one or more issues concerning the equivalence of the
			 Section 265 closure to a Section 264 closure. The Director will give public
			 notice of the hearing at least 30 days before it occurs. (Public notice of the
			 hearing may be given at the same time as notice of the opportunity for the
			 public to submit written comments, and the two notices may be
			 combined.)
(ii) The Director will
			 determine whether the Section 264 closure met Section 264 closure by removal or
			 decontamination requirements within 90 days of its receipt. If the Director
			 finds that the closure did not meet the applicable Section 264 standards,
			 he/she will provide the owner/operator with a written statement of the reasons
			 why the closure failed to meet these standards. The owner/operator may submit
			 additional information in support of an equivalency demonstration within 30
			 days after receiving such written statement. The Director will review any
			 additional information submitted and make a final determination within 60
			 days.
(iii) If the Director
			 determines that the facility did not close in accordance with Section 264
			 closure by removal standards, the facility is subject to post-closure
			 permitting require-ments.
(7) Enforceable documents for post-closure
			 care. At the discretion of the Director, an owner or operator may obtain, in
			 lieu of a post-closure permit, an enforceable document imposing the
			 requirements of § 265.121. "Enforceable document" means an order, a plan,
			 or other document issued by EPA or by the Division under an authority that
			 meets the requirements of
			 40 CFR
			 271.16(e) including, but not
			 limited to, a corrective action order issued by EPA under section 3008(h), a
			 CERCLA remedial action, or a closure or post-closure plan.
§ 270.2
Definitions
The following definitions apply to Section 270. Terms not
				defined in this section have the meaning given by Section 260.10.
"
Administrator
" means the Administrator of the
				United States Environmental Protection Agency, or an authorized
				representative.
"
Application
" means the EPA standard national
				forms for applying for a permit, including any additions, revisions or
				modifications to the forms; or forms approved by EPA for use in approved
				States, including any approved modifications or revisions. Application also
				includes the information required by the Director under §§ 270.14
				through 270.29 (contents of Part B of the hazardous waste permit
				application).
"
Approved program
or
approved State
"
				means a State which has been approved or authorized by EPA under 40 CFR part
				271.
"
Aquifer
" means a geological formation, group of
				formations, or part of a formation that is capable of yielding a significant
				amount of water to a well or spring.
"
Closure
" means the act of securing a Hazardous
				Waste Management facility pursuant to the requirements of Section 264 of this
				rule.
"
Component
" means any constituent part of a unit
				or any group of constituent parts of a unit which are assembled to perform a
				specific function (e.g., a pump seal, pump, kiln liner, kiln
				thermocouple).
"
Corrective Action Management Unit
" or
				"
CAMU
" means an area within a facility that is desigated by the
				Director under § 264 Subsection S for the purpose of implementing
				corrective action requirements under § 264.101, or the Arkansas Remedial
				Action Trust Fund Act. A CAMU shall only be used for the management of
				remediation wastes pursuant to implementing such corrective action requirements
				at the facility.
"
CWA
" means the federal Clean Water Act (formerly
				referred to as the Federal Water Pollution Control Act or Federal Water
				Pollution Control Act amendments of 1972) Pub. L. 92-500, as amended by Pub. L.
				92-217 and Pub. L. 95-576;
				33 U.S.C.
				1251 et seq.
"
Director
" means the Director of the Division of
				Environmental Quality, or an authorized representative. When the Division has
				not yet received federal authorization for a particular rule and there is an
				EPA administered program, "Director" means the Regional Administrator. When
				there is an approved State program, "Director" normally means the State
				Director. In some circumstances, however, EPA retains the authority to take
				certain actions even when there is an approved State program. In such cases,
				the term "Director" means the Regional Administrator and not the State
				Director.
"
Disposal
" means the discharge, deposit,
				injection, dumping, spilling, leaking, or placing of any hazardous waste into
				or on any land or water so that such hazardous waste or any constituent thereof
				may enter the environment or be emitted into the air or discharged into any
				waters, including ground water.
"
Disposal facility
" means a facility or part of a
				facility at which hazardous waste is intentionally placed into or on the land
				or water, and at which hazardous waste will remain after closure. The term
disposal facility
does not include a corrective action
				management unit into which remediation wastes are placed.
"
Draft permit
" means a document prepared under
				40
				CFR 124.6 indicating the Director's tentative
				decision to issue or deny, modify, revoke and reissue, terminate, or reissue a
				permit. A notice of intent to terminate a permit, and a notice of intent to
				deny a permit, as discussed in § 124.5, are types of draft permits. A
				denial of a request for modification, revocation and reissuance, or
				termination, as discussed in § 124.5 is not a "draft permit." A proposed
				permit is not a draft permit.
"
Elementary neutralization unit
" means a device
				which:
(a) Is used for neutralizing
			 wastes only because they exhibit the corrosivity characteristic defined in
			 § 261.22 of this rule, or are listed in Subsection D of Section 261 of
			 this rule only for this reason; and
(b) Meets the definition of tank, tank
			 system, container, transport vehicle, or vessel in § 260.10 of this rule.
"
Emergency permit
" means an HWM permit issued in
				accordance with § 270.61.
"
Environmental Protection Agency (EPA)
" means the
				United States Environmental Protection Agency.
"
EPA
" means the United States Environmental
				Protection Agency.
"
Facility mailing list
" means the mailing list for
				a facility maintained by the Division in accordance with
				40 CFR
				124.10(c)(1)(ix) and §
				270.7 of this rule.
"
Facility
or
activity
" means any HWM
				facility or any other facility or activity (including land or appurtenances
				thereto) that is subject to regulation under the RCRA program.
"
Federal, State and local approvals or permits necessary
				to begin physical construction
" means permits and approvals required
				under Federal, State or local hazardous waste control statutes, regulations,
				rules or ordinances.
"
Final authorization
" means approval by EPA of a
				State program which has met the requirements of section 3006(b) of RCRA and the
				applicable requirements of 40 CFR Part 271, Subpart A.
"
Functionally equivalent component
" means a
				component which performs the same function or measurement and which meets or
				exceeds the performance specifications of another component.
"
Generator
" means any person, by site location,
				whose act, or process produces "hazardous waste" identified or listed in
				Section 261 of this rule.
"
Ground water
" means water below the land surface
				in a zone of saturation.
"
Hazardous Waste Management Facility (HWM
				facility)
" means all contiguous land, and structures, other
				appurtenances, and improvements on the land, used for treating, storing, or
				disposing of hazardous waste. A facility may consist of several treatment,
				storage, or disposal operational units (for example, one or more landfills,
				surface impoundments, or combinations of them).
"
HWM facility
" means Hazardous Waste Management
				facility.
"
Injection well
" means a well into which fluids
				are being injected.
"
In operation
" means a facility which is treating,
				storing, or disposing of hazardous waste.
"
Interim authorization
" means approval by EPA of a
				State hazardous waste program which has met the requirements of section
				3006(g)(2) of RCRA and applicable requirements of 40 CFR part 271, subpart
				B.
"
Major facility
" means any facility or activity
				classified as such by the Director, or, in the case of approved State programs,
				the Director in conjunction with the State Director.
"
Manifest
" means the shipping document originated
				and signed by the generator which contains the information required by
				Subsection B of Section 262.
"
National Pollutant Discharge Elimination System
"
				means the national program for issuing, modifying, revoking and reissuing,
				terminating, monitoring and enforcing permits, and imposing and enforcing
				pretreatment requirements, under sections 307, 402, 318, and 405 of the federal
				Clean Water Act. The term includes an approved program.
"
NPDES
" means National Pollutant Discharge
				Elimination System.
"
New HWM facility
" means a Hazardous Waste
				Management facility which began operation or for which construction commenced
				after November 19, 1980.
"
Off-site
" means any site which is not
				on-site.
"
On-site
" means on the same or geographically
				contiguous property which may be divided by public or private right(s)-of-way,
				provided the entrance and exit between the properties is at a cross-roads
				intersection, and access is by crossing as opposed to going along, the
				right(s)-of-way. Non-contiguous properties owned by the same person but
				connected by a right-of-way which the person controls and to which the public
				does not have access, is also considered on-site property.
"Permit"
means an authorization, license, or
				equivalent control document issued by EPA or an approved State to implement the
				requirements of this Section and 40 CFR Parts 271 and 124. Permit includes
				permit by rule (§ 270.60), emergency permit (§ 270.61) and
				standardized permit (subsection J of this section). Permit does not include
				RCRA interim status (subsection G of this section), or any permit which has not
				been the subject of final agency action, such as a draft permit or a proposed
				permit.
"
Permit-by-rule
" means a provision of these rules
				stating that a facility or activity is deemed to have an HWM permit if it meets
				the requirements of the provision.
"
Phase I
" means that phase of the Federal
				hazardous waste management program commencing on the effective date of the last
				of the following to be initially promulgated: 40 CFR Parts 260, 261, 262, 263,
				265, 270 and 271. Promulgation of Phase I refers to promulgation of the rules
				necessary for Phase I to begin.
"
Phase II
" means that phase of Federal hazardous
				waste management program commencing on the effective date of the first subpart
				of 40 CFR part 264, subparts F through R to be initially promulgated.
				Promulgation of Phase II refers to promulgation of the rules necessary for
				Phase II to begin.
"
Physical construction
" means excavation, movement
				of earth, erection of forms or structures, or similar activity to prepare an
				HWM facility to accept hazardous waste.
"
POTW
" means publicly owned treatment
				works.
"
Publicly owned treatment works (POTW)
" means any
				device or system used in the treatment (including recycling and reclamation) of
				municipal sewage or industrial wastes of a liquid nature which is owned by a
				State or municipality. This definition includes sewers, pipes, or other
				conveyances only if they convey wastewater to a POTW providing
				treatment.
"
RCRA
" means the federal Solid Waste Disposal Act
				as amended by the Resource Conservation and Recovery Act of 1976 ( Pub. L.
				94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482,
				42 U.S.C.
				6901 et seq.)
"
Regi onal Administrator
" means the Regional
				Administrator of the appropriate Regional Office of the Environmental
				Protection Agency [EPA Region VI] or the authorized representative of the
				Regional Administrator.
"Remedial Action Plan"
(RAP) means a special form
				of RCRA permit that a facility owner or operator may obtain instead of a permit
				issued under §§ 270.3 through 270.66, to authorize the treatment,
				storage or disposal of hazardous remediation waste (as defined in § 260.10
				of this rule) at a remediation waste management site.
"
Schedule of compliance
" means a schedule of
				remedial measures included in a permit, including an enforceable sequence of
				interim requirements (for example, actions, operations, or milestone events)
				leading to compliance with the Act and rules.
"
SDWA
" means the federal Safe Drinking Water Act (
				Pub. L. 95-523, as amended by Pub. L. 95-1900;
				42 U.S.C.
				3001 et seq.).
"Standardized permit"
means a RCRA permit issued
				under 40 CFR Part 124, subsection G, Rule No. 8, and Subsection J of this
				Section authorizing the facility owner or operator to manage hazardous waste.
				The standardized permit may have two parts: a uniform portion issued in all
				cases and a supplemental portion issued at the Director's discretion.
"
State
" means any of the 50 States, the District
				of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands,
				American Samoa, and the Commonwealth of the Northern Mariana Islands.
"
State Director
" means the chief administrative
				officer of any State agency operating an approved program, or the delegated
				representative of the State Director. If responsibility is divided among two or
				more State agencies, State Director means the chief administrative officer of
				the State agency authorized to perform the particular procedure or function to
				which reference is made.
"
State/EPA Agreement
" means an agreement between
				the Regional Administrator and the Arkansas Division of Environmental Quality
				which coordinates EPA and State activities, responsibilities and
				programs.
"
Storage
" means the holding of hazardous waste for
				a temporary period, at the end of which the hazardous waste is treated,
				disposed, or stored elsewhere.
"
Transfer facility
" means any
				transportation-related facility including loading docks, parking areas, storage
				areas and other similar areas where shipments of hazardous waste are held
				during the normal course of transportation.
"
Transporter
" means a person engaged in the
				off-site transportation of hazardous waste by air, rail, highway or
				water.
"
Treatment
" means any method, technique, or
				process, including neutralization, designed to change the physical, chemical,
				or biological character or composition of any hazardous waste so as to
				neutralize such wastes, or so as to recover energy or material resources from
				the waste, or so as to render such waste non-hazardous, or less hazardous;
				safer to transport, store, or dispose of; or amenable for recovery, amenable
				for storage, or reduced in volume.
"
UIC
" means the Underground Injection Control
				Program under Part C of the federal Safe Drinking Water Act, including an
				approved program.
"
Underground injection
" means a well
				injection.
"
Underground source of drinking water (USDW)
"
				means an aquifer or its portion:
(a)
(1)
			 Which supplies any public water system; or
(2) Which contains a sufficient quantity of
			 ground water to supply a public water system; and
(i) Currently supplies drinking water for
			 human consumption; or
(ii) Contains
			 fewer than 10,000 mg/l total dissolved solids; and
(b) Which is not an exempted
			 aquifer. `
"
USDW
" means underground source of drinking
				water.
"
Wastewater treatment unit
" means a device which:
(a) Is part of a wastewater
			 treatment facility which is subject to regulation under either section 402 or
			 307(b) of the federal Clean Water Act; and
(b) Receives and treats or stores an influent
			 wastewater which is a hazardous waste as defined in § 261.3 of this rule,
			 or generates and accumulates a wastewater treatment sludge which is a hazardous
			 waste as defined in § 261.3 of this rule, or treats or stores a wastewater
			 treatment sludge which is a hazardous waste as defined in § 261.3 of this
			 rule; and (c) Meets the definition of tank or tank system in § 260.10 of
			 this rule.
§ 270.3
Considerations under Federal law
The following is a list of Federal laws that may apply to the
				issuance of permits under these rules. When any of these laws is applicable,
				its procedures must be followed. When the applicable law requires consideration
				or adoption of particular permit conditions or requires the denial of a permit,
				those requirements also must be followed.
(a)
The Wild and Scenic Rivers
			 Act.
16 U.S.C.
			 1273 et seq. Section 7 of the Act prohibits
			 the Regional Administrator or Director from assisting by license or otherwise
			 the construction of any water resources project that would have a direct,
			 adverse effect on the values for which a national wild and scenic river was
			 established.
(b)
The
			 National Historic Preservation Act of 1966
.
			 16 U.S.C.
			 470 et seq. Section 106 of the Act and
			 implementing regulations (36 CFR part 800) require the Regional Administrator
			 or Director, before issuing a license, to adopt measures when feasible to
			 mitigate potential adverse effects of the licensed activity and properties
			 listed or eligible for listing in the National Register of Historic Places. The
			 Act's requirements are to be implemented in cooperation with State Historic
			 Preservation Officers and upon notice to, and when appropriate, in consultation
			 with the Advisory Council on Historic Preservation.
(c)
The Endangered Species
			 Act
.
			 16
			 U.S.C. 1531 et seq. Section 7 of the Act and
			 implementing regulations (50 CFR part 402) require the Regional Administrator
			 or Director to ensure, in consultation with the Secretary of the Interior or
			 Commerce, that any action authorized by EPA or the Division is not likely to
			 jeopardize the continued existence of any endangered or threatened species or
			 adversely affect its critical habitat.
(d)
The Coastal Zone Management Act.
16 U.S.C.
			 1451 et seq. Section 307(c) of the Act and
			 implementing regulations (15 CFR part 930) prohibit EPA or the Division from
			 issuing a permit for an activity affecting land or water use in the coastal
			 zone until the applicant certifies that the proposed activity complies with the
			 State Coastal Zone Management program, and the State or its designated agency
			 concurs with the certification (or the Secretary of Commerce overrides the
			 State's nonconcurrence).
(e)
The Fish and Wildlife
			 Coordination Act.
16 U.S.C.
			 661 et seq. requires that the Regional
			 Administrator or Director, before issuing a permit proposing or authorizing the
			 impoundment (with certain exemptions), diversion, or other control or
			 modification of any body of water, consult with the appropriate State agency
			 exercising jurisdiction over wildlife resources to conserve those
			 resources.
(f) Executive orders.
			 [Reserved]
§ 270.4
Effect of a permit
(a)
(1) Compliance with an HWM permit during its
			 term constitutes compliance, for purposes of enforcement, with subtitle C of
			 RCRA except for those requirements not included in the permit which:
(i) Become effective by statute;
(ii) Are promulgated under Section 268 of
			 this rule or 40 CFR Part 268 restricting the placement of hazardous wastes in
			 or on the land; or
(iii) Are
			 promulgated under Section 264 of this rule regarding leak detection systems for
			 new and replacement surface impoundment, waste pile, and landfill units, and
			 lateral expansions of surface impoundment, waste pile, and landfill units. The
			 leak detection system requirements include double liners, CQA programs,
			 monitoring, action leakage rates, and response action plans, and will be
			 implemented through the procedures of § 270.42 Class 1* permit
			 modifications.
(iv) Are promulgated
			 under Subsections AA, BB, or CC of Section 265 of this Rule limiting air
			 emissions. (2) A permit may be modified, revoked and reissued, or terminated
			 during its term for cause as set forth in §§ 270-41 and 270.43, or
			 the permit may be modified upon the request of the permittee as set forth in
			 § 270.42.
(b) The issuance of a permit does not convey
			 any property rights of any sort, or any exclusive privilege.
(c) The issuance of a permit does not
			 authorize any injury to persons or property or invasion of other private
			 rights, or any infringement of State or local law or rules.
§ 270.5
Noncompliance
			 and program reporting by the Director
The Director shall prepare quarterly and annual reports as
				detailed below. When the State is the permit-issuing authority, the Director
				shall submit any reports required under this section to the Regional
				Administrator. When EPA is the permit-issuing authority, the Regional
				Administrator shall submit any report required under this section to EPA
				Headquarters. For purposes of this section only, HWM permittees shall include
				interim status facilities, when appropriate.
(a) Quarterly reports. The Director shall
			 submit quarterly narrative reports for major facilities as follows:
(1) Format. The report shall use the
			 following format:
(i) Information on
			 noncompliance for each facility;
(ii) Alphabetize by permittee name. When two
			 or more permittees have the same name, the lowest permit number shall be
			 entered first;
(iii) For each entry
			 on the list, include the following information in the following order:
(A) Name, location, and permit number of the
			 noncomplying permittee.
(B) A brief
			 description and date of each instance of noncompliance for that permittee.
			 Instances of noncompliance may include one or more of the kinds set forth in
			 paragraph (a)(2) of this section. When a permittee has noncompliance of more
			 than one kind, combine the information into a single entry for each such
			 permittee.
(C) The date(s) and a
			 brief description of the action(s) taken by the Director to ensure
			 compliance.
(D) Status of the
			 instance(s) of noncompliance with the date of the review of the status or the
			 date of resolution.
(E) Any details
			 which tend to explain or mitigate the instance(s) of noncompliance.
(2) Instances of
			 noncompliance to be reported. Any instances of noncompliance within the
			 following categories shall be reported in successive reports until the
			 noncompliance is reported as resolved. Once noncompliance is reported as
			 resolved it need not appear in subsequent reports.
(i) Failure to complete construction
			 elements. When the permittee has failed to complete, by the date specified in
			 the permit, an element of a compliance schedule involving either planning for
			 construction (for example, award of a contract, preliminary plans), or a
			 construction step (for example, begin construction, attain operation level);
			 and the permittee has not returned to compliance by accomplishing the required
			 element of the schedule within 30 days from the date a compliance schedule
			 report is due under the permit.
(ii) Modifications to schedules of
			 compliance. When a schedule of compliance in the permit has been modified under
			 § 270.41 or § 270.42 because of the permittee's
			 noncompliance.
(iii) Failure to
			 complete or provide compliance schedule or monitoring reports. When the
			 permittee has failed to complete or provide a report required in a permit
			 compliance schedule (for example, progress report or notice of noncompliance or
			 compliance) or a monitoring report; and the permittee has not submitted the
			 complete report within 30 days from the date it is due under the permit for
			 compliance schedules, or from the date specified in the permit for monitoring
			 reports.
(iv) Deficient reports.
			 When the required reports provided by the permittee are so deficient as to
			 cause misunderstanding by the Director and thus impede the review of the status
			 of compliance.
(v) Noncompliance
			 with other permit requirements. Noncompliance shall be reported in the
			 following circumstances:
(A) Whenever the
			 permittee has violated a permit requirement (other than reported under
			 paragraph (a)(2)(i) or (ii) of this section), and has not returned to
			 compliance within 45 days from the date reporting of noncompliance was due
			 under the permit; or
(B) When the
			 Director determines that a pattern of noncompliance exists for a major facility
			 permittee over the most recent four consecutive reporting periods. This pattern
			 includes any violation of the same requirement in two consecutive reporting
			 periods, and any violation of one or more requirements in each of four
			 consecutive reporting periods; or
(C) When the Director determines significant
			 permit non-compliance or other significant event has occurred such as a fire or
			 explosion or migration of fluids into a USDW.
(vi) All other. Statistical information shall
			 be reported quarterly on all other instances of noncompliance by major
			 facilities with permit requirements not otherwise reported under paragraph (a)
			 of this section.
(b) Annual reports -
(1) Annual noncompliance report. Statistical
			 reports shall be submitted by the Director on non-major HWM permittees
			 indicating the total number reviewed, the number of noncomplying nonmajor
			 permittees, the number of enforcement actions, and number of permit
			 modifications extending compliance deadlines. The statistical information shall
			 be organized to follow the types of noncompliance listed in paragraph (a) of
			 this section.
(2) In addition to the
			 annual noncompliance report, the Director shall prepare a "program report"
			 which contains information (in a manner and form prescribed by the
			 Administrator) on generators and transporters and the permit status of
			 regulated facilities. The Director shall also include, on a biennial basis,
			 summary information on the quantities and types of hazardous wastes generated,
			 transported, treated, stored and disposed during the preceding odd-numbered
			 year. This summary information shall be reported in a manner and form
			 prescribed by the Administrator and shall be reported according to EPA
			 characteristics and lists of hazardous wastes at Section 261 of this rule.
(c) Schedule.
(1) For all quarterly reports. On the last
			 working day of May, August, November, and February, the Director shall submit
			 to the Regional Administrator information concerning noncompliance with HWM
			 permit requirements by major facilities in the State in accordance with the
			 following schedule. The Regional Administrator shall prepare and submit
			 information for EPA-issued permits to EPA Headquarters in accordance with the
			 same schedule.
Quarters Covered by Reports on Noncompliance by Major
				Dischargers
[Date for completion of reports]
January, February,
						  March1
May 31
April, May, June1
August 31
July, August,
						  September1
November 30
October, November, Decemb
er1 February 28
1Reports must be made available to
				the public for inspection and copying on this
				date.
§
			 270.6
References
(a) When used in Section 270 of this rule,
			 the following publications are incorporated by reference. These incorporations
			 by reference were approved by the Director of the Federal Register pursuant to
			 5
			 U.S.C. 552(a) and 1 CFR part
			 51. These materials are incorporated as they exist on the date of approval and
			 a notice of any change in these materials will be published in the Federal
			 Register. Copies may be inspected at the Library, U.S. Environmental Protection
			 Agency, 1200 Pennsylvania Ave., NW., (3403T), Washington, DC 20460,
			 libraryhq@epa.gov; or at the National Archives and Records Administration
			 (NARA). For information on the availability of this material at NARA, call
			 (202) 741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
(b) The following materials are available for
			 purchase from the National Technical Information Service (NTIS), 5285 Port
			 Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553- 6847; or for
			 purchase from the Superintendent of Documents, U.S. Government Printing Office,
			 Washington, DC 20402, (202) 512-1800:
(1)
			 ''APTI Course 415: Control of Gaseous Emissions,'' EPA Publication
			 EPA-450/2-81- 005, December 1981, IBR approved for §§ 270.24 and
			 270.25.
(2) [Reserved].
§ 270.7
Arkansas's General Requirements for Permit Applications
(a)
Nothing in this Section shall be
			 construed to allow commercial hazardous waste landfill facilities to store,
			 treat, bury, dispose or otherwise process hazardous waste without first
			 obtaining a permit from the Division under the provisions of this
			 Rule.
(b)
Financial Assurances. The owner or operator of a hazardous waste disposal
			 facility shall provide long term financial responsibility as the Division may
			 deem appropriate (§§ 264 and 265, Subsection H, of this rule), taking
			 into account the nature of the facility and the nature of waste stored, treated
			 or disposed of in such facility. The financial responsibility required under
			 this paragraph shall provide funds for claims arising out of injury to persons
			 and property from the release or escape of hazardous waste to the environment
			 during sudden or accidental occurrences and shall provide for reimbursement of
			 expenses incurred by the Division or the State of Arkansas for cleanup or
			 maintenance, monitoring or such other activities as may be necessary. The
			 financial responsibilities required hereunder shall be for such period as
			 determined by the Division.
(c)
The owner or operator of a
			 hazardous waste disposal facility shall provide contracts, agreements and such
			 other documentation as may be required to demonstrate to the Director's
			 reasonable satisfaction that the waste which is proposed to be disposed of is
			 waste which results from the treatment of waste to the full extent of known
			 technology and economics or is waste for which there is no technically and
			 economically feasible means of treatment available.
(d) Pre-application public meeting and
			 notice.
(1) Applicability. The following
			 requirements shall apply to all RCRA part B applications seeking initial
			 permits for hazardous waste management units over which the Division has permit
			 issuance authority. The requirements of this section shall also apply to RCRA
			 part B applications seeking renewal of permits for such units, where the
			 renewal application is proposing a significant change in facility operations.
			 (For the purposes of this section, a "significant change" is any change that
			 would qualify as a Class 3 permit modification under § 270.42 of this
			 rule.) The requirements of this section do not apply to
other
permit modifications under § 270.42 or to applications that are submitted
			 for the sole purpose of conducting post-closure activities or post-closure
			 activities and corrective action at a facility.
(2) Prior to the submission of a part B RCRA
			 permit application for a facility, the applicant must hold at least one meeting
			 with the public in order to solicit questions from the community and inform the
			 community of its proposed hazardous waste management activities. The applicant
			 shall post a sign-in sheet or otherwise provide a voluntary opportunity for
			 attendees to provide their names and addresses.
(3) The applicant shall submit a summary of
			 the meeting, along with the list of attendees and their addresses developed
			 under paragraph (b) of this section, and copies of any written comments or
			 materials submitted at the meeting, to the Division as a part of the part B
			 application, in accordance with § 270.14(b).
(4) The applicant must provide public notice
			 of the pre-application meeting at least 30 days prior to the meeting. The
			 applicant must maintain, and provide to the Division upon request,
			 documentation of this notice.
(i) The
			 applicant shall provide public notice in all of the following forms:
(A) A newspaper advertisement. The applicant
			 shall publish a notice fulfilling the requirements of paragraph (4)(ii) of this
			 subsection
in the newspaper having the largest circulation published in
			 the county in which the facility is, or is proposed to be located, as well as
			 publishing a notice in the newspaper having the largest circulation published
			 in each adjoining county. If there is no newspaper published in any of the
			 counties so affected, the notice shall be published in the newspaper(s) having
			 the largest circulation in such county or counties.
The notice must be
			 published as a display advertisement.
Proof of publication of the above
			 notice shall be submitted to the Division within thirty (30) days of submission
			 of the application.
(B) A
			 visible and accessible sign. The applicant shall post a notice on a clearly
			 marked sign at or near the facility, fulfilling the requirements in paragraphs
			 (4)(ii) below. If the applicant places the sign on the facility property, then
			 the sign must be large enough to be readable from the nearest point where the
			 public would pass by the site.
(C)
			 A broadcast media announcement. The applicant shall broadcast a notice,
			 fulfilling the requirements in paragraph (4)(ii) of this section, at least once
			 on at least one local radio station or television station. The applicant may
			 employ another medium with prior approval of the Director.
(D) A notice to the permitting agency. The
			 applicant shall send a copy of the newspaper notice to the Division and to the
			 appropriate units of State and local government, in accordance with
			 40 CFR
			 124.10(c)(1)(x).
(ii) The notices required under
			 paragraph (4)(i) of this section must include:
(A)
The name, title, and business
			 address of the applicant;
(B)
The location of the unit and/or
			 facility, including a description of the boundaries
, including the
			 address or a map (e.g., a sketched or copied street map of the facility
			 location);
(C) A brief description
			 of the nature of the facility (storage, treatment, or disposal) and and its
			 proposed operations (e.g., how waste is to be stored, treated, or disposed of)
			 at the unit or facility which is the subject of the permit
			 application;
(D)
The types
			 of hazardous wastes to be managed at the unit or facility;
(E) The date, time, and location of the
			 meeting;
(F) A brief description of
			 the purpose of the meeting;
(G) A
			 statement encouraging people to contact the facility at least 72 hours before
			 the meeting if they need special access to participate in the meeting;
			 and
(H) The name, address, and
			 telephone number of a contact person for the applicant.
(e) Public notice
			 requirements at the application stage.
(1)
			 Applicability. The following requirements shall apply to all RCRA part B
			 applications seeking initial permits for hazardous waste management units over
			 which the Division has permit issuance authority. The requirements of this
			 section shall also apply to RCRA part B applications seeking renewal of permits
			 for such units under § 270.51. The requirements of this section do not
			 apply to permit modifications under § 270.42 or permit applications
			 submitted for the sole purpose of conducting post-closure activities or
			 post-closure activities and corrective action at a facility.
(2) Notification at application submittal.
(i) The applicant, or the owner/operator of
			 the facility shall provide public notice as set forth in
			 40 CFR
			 124.10(c)(1)(ix), and notice
			 to appropriate units of State and local government as set forth in
			 40 CFR
			 124.10(c)(1)(x), that a part
			 B permit application has been submitted to the Division and is available for
			 review.
(ii) The notice shall be
			 published in accordance with the provisions of
Rule No. 8, §
			 8.205. In addition to the information required at Rule No. 8 §
			 8.205(B)
, the notice must include:
(A)
The name, title, and business
			 address of the applicant;
(B)
The location of the unit and/or
			 facility, including a description of the boundaries,
including the
			 address or a map (e.g., a sketched or copied street map of the facility
			 location),
and the city, town, or community nearest to the proposed
			 facility;
(C) A brief
			 description of the nature of the facility (storage, treatment, or disposal) and
			 and its proposed operations (e.g., how waste is to be stored, treated, or
			 disposed of) at the unit or facility which is the subject of the permit
			 application;
(D)
The types
			 of hazardous wastes to be managed at the unit or facility;
(E) The name and telephone number of the
			 applicant's contact person;
(F) The
			 name and telephone number of the Division's contact office, and a mailing
			 address to which information, opinions, and inquiries may be directed
			 throughout the permit review process;
(G) An address to which people can write in
			 order to be put on the facility mailing list;
(H) The location where copies of the permit
			 application and any supporting documents can be viewed and copied;
			 and
(I) The date that the
			 application was submitted. (3) Concurrent with the notice required under
			 paragraph (2) above, the applicant or owner/operator must place a copy of the
			 permit application and any supporting documents in a location accessible to the
			 public in the vicinity of the facility or at the permitting agency's
			 office.
(f) Information repository.
(1) Applicability. The requirements of this
			 section apply to all applications seeking RCRA permits for hazardous waste
			 management units over which the Division has permit issuance
			 authority.
(2) The Director may
			 assess the need, on a case-by-case basis, for an information repository. When
			 assessing the need for an information repository, the Director shall consider a
			 variety of factors, including: the level of public interest; the type of
			 facility; the presence of an existing repository; and the proximity to the
			 nearest copy of the administrative record. If the Director determines, at any
			 time after submittal of a permit application, that there is a need for a
			 repository, then the Director shall notify the facility that it must establish
			 and maintain an information repository. (See § 270.30(m) for similar
			 provisions relating to the information repository during the life of a
			 permit).
(3) The information
			 repository shall contain all documents, reports, data, and information deemed
			 necessary by the Director to fulfill the purposes for which the repository is
			 established. The Director shall have the discretion to limit the contents of
			 the repository.
(4) The information
			 repository shall be located and maintained at a site chosen by the facility. If
			 the Director finds the site unsuitable for the purposes and persons for which
			 it was established, due to problems with the location, hours of availability,
			 access, or other relevant considerations, then the Director shall specify a
			 more appropriate site.
(5) The
			 Director shall specify requirements for informing the public about the
			 information repository. At a minimum, the Director shall require the facility
			 to provide a written notice about the information repository to all individuals
			 on the facility mailing list.
(6)
			 The facility owner/operator shall be responsible for maintaining and updating
			 the repository with appropriate information throughout a time period specified
			 by the Director. The Director may close the repository at his or her
			 discretion, based on the factors in paragraph (2) of this section.
(g)
Notice to Adjacent
			 Landholders and Tenants. Any person who submits a permit application for a new
			 or existing hazardous waste management facility permit to the Division
			 (including requests to modify or transfer an existing permit) shall provide
			 written notice to all landholders and tenants of property contiguous to the
			 proposed or existing facility. This notice shall be sent by certified mail,
			 return receipt requested, and shall contain:
(1)
The name, title, and address of
			 the applicant;
(2)
The location of the unit and/or facility, including a description of
			 the boundaries of such unit and/or facility;
(3)
The nature of the unit or
			 facility (storage, treatment, or disposal) and a brief description of how
			 wastes are to be stored, treated, or disposed of at the unit or facility which
			 is the subject of the application; and
(4)
The type(s) of hazardous wastes
			 to be managed at the unit or facility.
The applicant shall submit to the Division
				documentation of its good faith effort to identify all such contiguous
				landholders and tenants and proof of notification within thirty (30) days of
				the application.
(h)
Permit Issuance.
(1)
A permit may not be transferred,
			 issued or modified except with the approval of the Division provided, however,
			 emergency authorization may be issued by the Director in accordance with the
			 provisions of Sections 270.61 through 270.63.
(2)
No permit shall be issued for the
			 construction, modification or operation of a hazardous waste management
			 facility unless the Division finds, after public hearings as provided herein,
			 that said construction, modification or operation is, or will be, in compliance
			 with the provisions of this Rule including applicable provisions of Sections
			 264, 265, 270, and 40 CFR 124, 40 CFR 264, 40 CFR 265, 40 CFR 267 and 40 CFR
			 270. The Division may establish additional requirements as conditions of permit
			 where it deems such conditions necessary to protect the public health and the
			 environment.
(3)
The Division may grant variances in accordance with the provisions of A.C.A.
			 § 8-7-211, provided that said variances shall not provide terms less
			 stringent than those set by federal regulations at 40 CFR Parts 260-268 and
			 270, or terms less stringent than provisions of this Rule analogous to such
			 federal regulations.
(4)
Upon receipt of an application for a permit for a hazardous waste
			 management facility, the Director shall cause the permit to be processed in
			 accordance with the applicable the provisions of this Rule and 40 CFR Part 124
			 as adopted at Section 3 of this Rule.
(5)
The Director may authorize
			 qualified persons interested in a pending application to enter upon the
			 proposed site and make such relevant surveys and tests as the Director
			 authorizes, under such conditions as required by the Director and upon
			 sufficient notice to the applicant. All results of surveys or tests will be
			 provided to both the Division and the permit applicant and all costs of surveys
			 or tests will be borne by the party or parties requesting them. The Director
			 will further insure that the permit applicant will have an opportunity to make
			 a satisfactory showing (as provided in § 270.12 of this Rule) that certain
			 information which could meet criteria for being treated as confidential will
			 not be collected by or disclosed to any individual other than authorized
			 personnel of the Division.
(6)
No permit shall be issued for a
			 commercial hazardous waste management facility unless a public hearing is held
			 in accordance with the provisions of subparagraph (9) below.
No permit for noncommercial hazardous waste management
				facilities shall be issued unless the Division first gives a 45 day opportunity
				for public comment as provided in
				40 CFR
				124.10. Where written objection to the
				issuance of a permit for a noncommercial hazardous waste management facility is
				filed within the 45 day comment period, no permit shall be issued unless a
				public hearing is held in accordance with the provisions of subparagraph (9)
				below.
(7)
Prior to drafting the permit for any hazardous waste management
			 facility, the Division may hold a preliminary hearing, for information
			 purposes, in the area in which the facility is, or is to be located. The
			 hearing may be held by giving no less than ten (10) days notice in the
			 newspaper having the largest circulation in the county in which the facility
			 is, or is proposed to be located and the newspaper having the largest
			 circulation in each adjoining county. The notice shall provide:
(i)
The time, date and location of
			 the hearing; (ii) The purpose of the hearing; and
(iii)
The location(s) where the
			 application and all supporting information is available for public
			 review.
(8)
A 30-day notice of public hearing on the draft permit shall be given
			 in the manner described in subparagraph (7) above1 .
			 The notice shall provide:
(i)
The time, date and location of the hearing;
(ii)
The purpose of the
			 hearing;
(iii)
The
			 name and address of the applicant and the location where the facility is, or is
			 proposed to be located;
(iv)
The tentative recommendation of
			 the Division;
(v)
The location(s) where copies of the application, the Division's recommendations
			 and all supporting documentation can be reviewed by the
			 public;
(vi)
Procedures for submitting public comments into the hearing
			 record.
(9)
The public hearing required under subparagraph (8) above shall be in
			 the area where the facility is or is proposed to be located. A record of
			 hearing shall be made and retained as part of the administrative record of each
			 application for review by the Commission.
(i)
In addition to the requirement of
			 Section 265.119, a permittee shall submit to the Division, as part of the
			 annual permit review process, a plat of any landfill disposal area in which
			 waste has been deposited. Such plat shall clearly delineate the location of all
			 wastes and its type, referenced to established benchmarks.
(j)
Upon receipt of federal Hazardous
			 and Solid Waste Act ("HSWA") authorization for the Arkansas Division of
			 Environmental Quality's Hazardous Waste Management Program, the Division shall
			 be authorized to and shall enforce the HSWA provisions imposed by the
			 Environmental Protection Agency in hazardous waste permits that were issued
			 before the HSWA authorization was granted. DEQ, jointly with EPA, will notify
			 permitted facilities in writing of the specific provisions which will become
			 the state agency's responsibility as a result of the additional authorization
			 and of the effective date of the changeover. This notification will serve as an
			 addendum to the permit. Permits pending at the time of authorization will be
			 modified to properly identify specific provisions for which the Division has
			 primary responsibility.
Subsection
			 B
- Permit Applications
§
			 270.10
General application requirements
(a) Applying for a permit. Below is
			 information on how to obtain a permit and where to find requirements for
			 specific permits:
(1) If you are covered by
			 RCRA permits by rule (§ 270.60), you need not apply.
(2) If you currently have interim status, you
			 must apply for permits when required by the Director.
(3) If you are required to have a permit
			 (including new applicants and permittees with expiring permits), you must
			 complete, sign, and submit an application to the Director, as described in this
			 section and §§ 270.70 through 270.73.
(4) If you are seeking an emergency permit,
			 the procedures for application, issuance, and administration are found
			 exclusively in § 270.61.
(5)
			 If you are seeking a research, development, and demonstration permit, the
			 procedures for application, issuance, and administration are found exclusively
			 in § 270.65.
(6) If you are
			 seeking a standardized permit, the procedures for application and issuance are
			 found in 40 CFR Part 124, subsection G, Rule No. 8, and Subsection J of this
			 Section.
(b) Who
			 applies? When a facility or activity is owned by one person but is operated by
			 another person, it is the operator's duty to obtain a permit, except that the
			 owner must also sign the permit application.
(c) Completeness. The Director shall not
			 issue a permit before receiving a complete application for a permit except for
			 permits by rule, or emergency permits. An application for a permit is complete
			 when the Director receives an application form and any supplemental information
			 which are completed to his satisfaction. An application for a permit is
			 complete notwithstanding the failure of the owner or operator to submit the
			 exposure information described in paragraph (j) of this section. The Director
			 may deny a permit for the active life of a hazardous waste management facility
			 or unit before receiving a complete application for a permit.
(d) Information requirements. All applicants
			 for HWM permits shall provide information set forth in § 270.13 and
			 applicable sections in §§ 270.14 through 270.29 to the Director,
			 using the application form provided by the Director. (e)
Existing
			 Facilities
:
(1) Facilities in
			 existence on
March 14, 1979
, which are required to have a
			 permit under the Act may continue in operation until such time as a permit is
			 issued or denied under this Chapter and Rule, provided that the owner or
			 operator of such facility made application to the Division on the initial state
			 application form on or before
September 14, 1979
; and provided
			 that such facilities also comply with the other provisions of this Section and
			 the provisions of § 270.10 and 270.71-73.
(Editor's Note: This is a more stringent State
				requirement of the Arkansas Hazardous Waste Management Act (§ 8-7-216(b)).
				Whereas the federal regulations allow a facility to qualify for interim status
				by submitting a Part A application by November 19, 1980, Arkansas facilities
				must have applied on or prior to September 14, 1979 in order to have qualified
				for interim status under the RCRA regulations.)
(2)
Owners and operators of hazardous
			 waste management facilities, in existence as of the effective date of
			 provisions adopted in this Rule which first subject them to compliance with the
			 standards of this Rule and 40 CFR 265, must submit Part A of their permit
			 application to
the Division no later than (i) six months after the
				date of publication of regulations in this Rule which first require them to
				comply with the standards set forth in this Rule and 40 CFR Part 265, or (ii)
				thirty days after the date they first become subject to the standards set forth
				in this Rule and 40 CFR Part 265, whichever first occurs.
(3)
The Director may
			 extend the date by which owners and operators of specific classes of existing
			 hazardous waste management facilities must submit their initial state
			 application and/or Part A of their permit application if he finds that 1) there
			 has been substantial confusion as to whether the owners and operators of such
			 facilities were required to file a permit application; and 2) such confusion is
			 attributed to ambiguities in 40 CFR Parts 260, 261 or 265.
(4)
The Director may by
			 Administrative Order issued under the Act, this Rule, and Rule No. 8, extend
			 the date by which the owner or operator of an existing hazardous waste
			 management facility must submit the initial state application and/or Part A of
			 their permit application.
(5)
The Director may require
			 submission of Part B from any facility at any time. Any owner or operator shall
			 be allowed at least six months from the date of request to submit Part B of the
			 application. Any owner or operator of an existing hazardous waste management
			 facility may voluntarily submit Part B of the application at any
			 time.
(6)
Failure
			 to furnish a requested Part B application on time, or to furnish in full the
			 information required by the Part B application, is grounds for termination of
			 interim status.
(7)
Any person who owns or operates an existing hazardous waste management
			 facility shall have interim status and shall be treated as having been issued a
			 permit to the extent he or she has complied with the requirements of Arkansas
			 Code, Annotated, § 8-7-218, as amended, § 264.18(f), paragraphs
			 (1)-(5) above, and RCRA § 3010.
(8)
If the Division determines that a
			 Part A application is deficient, it may notify the owner or operator that he or
			 she is not entitled to interim status. The owner or operator shall then be
			 subject to enforcement for operating without a permit.
(9)
Nothing in this Section shall be
			 construed to allow commercial hazardous waste landfill facilities to store,
			 treat, bury, dispose, or otherwise process hazardous waste without first
			 obtaining a permit from the Division under this chapter and
			 Rule.
(f)
New HWM facilities
.
(1) Except as provided in paragraph (f)(3) of
			 this section, no person shall begin physical construction of a new HWM facility
			 without having submitted Parts A and B of the permit application and having
			 received a finally effective HWM permit.
(2) An application for a permit for a new
			 hazardous waste management facility (including both Parts A and B) may be filed
			 any time after promulgation of those standards in Section 264, subsection I
et seq
. applicable to such facility. The application shall be
			 filed with the Regional Administrator if at the time of application the State
			 in which the new hazardous waste management facility is proposed to be located
			 has not received interim or final authorization for permitting such facility;
			 otherwise it shall be filed with the State Director. Except as provided in
			 paragraph (f)(3) of this section, all applications must be submitted at least
			 180 days before physical construction is expected to commence.
(3) Notwithstanding paragraph (f)(1) of this
			 section, a person may construct a facility for the incineration of
			 polychlorinated biphenyls pursuant to an approval issued by the EPA
			 Administrator under section (6)(e) of the federal Toxic Substances Control Act
			 and any person owning or operating such a facility may, at any time after
			 construction or operation of such facility has begun, file an application for
			 an HWM permit to incinerate hazardous waste authorizing such facility to
			 incinerate waste identified or listed under A.C.A. §§ 8-7-201
et seq
.
(g) Updating permit applications.
(1) If any owner or operator of a hazardous
			 waste management facility has filed Part A of a permit application and has not
			 yet filed part B, the owner or operator shall file an amended part A
			 application:
(i) With the Regional
			 Administrator if the facility is located in a State which has not obtained
			 interim authorization or final authorization, within six months after the
			 promulgation of revised rules under Section 261 listing or identifying
			 additional hazardous wastes, if the facility is treating, storing or disposing
			 of any of those newly listed or identified wastes.
(ii) With the State Director, if the facility
			 is located in a State which has obtained interim authorization or final
			 authorization, no later than the effective date of regulatory provisions
			 listing or designating wastes as hazardous in that State in addition to those
			 listed or designated under the previously approved State program, if the
			 facility is treating, storing or disposing of any of those newly listed or
			 designated wastes; or
(iii) As
			 necessary to comply with provisions of §. 270.72 for changes during
			 interim status or with the analogous provisions of a State program approved for
			 final authorization or interim authorization. Revised Part A applications
			 necessary to comply with the provisions of Sec. 270.72 shall be filed with the
			 Regional Administrator if the State in which the facility in question is
			 located does not have interim authorization or final authorization; otherwise
			 it shall be filed with the State Director (if the State has an analogous
			 provision).
(2) The
			 owner or operator of a facility who fails to comply with the updating
			 requirements of paragraph (g)(1) of this section does not receive interim
			 status as to the wastes not covered by duly filed Part A
			 applications.
(h)
			 Reapplying for a permit. If you have an effective permit and you want to
			 reapply for a new one, you have two options:
(1) You may submit a new application at least
			 180 days before the expiration date of the effective permit, unless the
			 Director allows a later date; or
(2) If you intend to be covered by a
			 standardized permit, you may submit a Notice of Intent as described in §
			 270.51(e)(1) at least 180 days before the expiration date of the effective
			 permit, unless the Director allows a later date. The Director may not allow you
			 to submit applications or Notices of Intent later than the expiration date of
			 the existing permit, except as allowed by § 270.51(e)(2).
(i) Recordkeeping. Applicants shall
			 keep records of all data used to complete permit applications and any
			 supplemental information submitted under §§ 270.10(d), 270.13, 270.14
			 through 270.21 for a period of at least 3 years from the date the application
			 is signed.
(j) Exposure
			 information.
(1) After August 8, 1985, any
			 Part B permit application submitted by an owner or operator of a facility that
			 stores, treats, or disposes of hazardous waste in a surface impoundment or a
			 landfill must be accompanied by information, reasonably ascertainable by the
			 owner or operator, on the potential for the public to be exposed to hazardous
			 wastes or hazardous constituents through releases related to the unit. At a
			 minimum, such information must address:
(i)
			 Reasonably foreseeable potential releases from both normal operations and
			 accidents at the unit, including releases associated with transportation to or
			 from the unit;
(ii) The potential
			 pathways of human exposure to hazardous wastes or constituents resulting from
			 the releases described under paragraph (j)(1)(i) of this section; and
(iii) The potential magnitude and nature of
			 the human exposure resulting from such releases.
(2) By August 8, 1985, owners and operators
			 of a landfill or a surface impoundment who have already submitted a Part B
			 application must submit the exposure information required in paragraph (j)(1)
			 of this section.
(k) The
			 Director may require a permittee or an applicant to submit information in order
			 to establish permit conditions under §§ 270.32(b)(2) and 270.50(d) of
			 this rule.
(l)
Disclosure
			 Requirements.
(1)
Pursuant
			 to the provisions of Ark. Code Ann. § 8-1-106, all applicants for a RCRA
			 treatment, storage, or disposal permit for a noncommercial hazardous waste
			 management facility, transfer of any permit, or any other permit, license,
			 certification, or operating authority shall submit a disclosure statement with
			 their application. The submission of a disclosure statement is mandatory; no
			 application can be considered complete without it.
Deliberate falsification or omission of relevant
				inform-ation from a disclosure statement shall be grounds for civil or criminal
				enforcement action or the administrative denial of a permit, license,
				certification, or operational authorization. The disclosure statement shall be
				an original, written statement by the applicant which contains:
(i)
The full name, business
			 address, and social security number of the applicant and all affiliated
			 persons;
(ii)
The
			 full name and business address of any legal entity in which the applicant holds
			 a debt or equity interest of five percent (5%) or more, or which is a parent
			 company or subsidiary of the applicant, and a description of the ongoing
			 organizational relationships as they may impact the applicant's operations in
			 Arkansas;
(iii)
A
			 description of the experience and credentials of the applicant, including any
			 past or present permits, licenses, certifications, or operational
			 authorizations relating to environmental regulation;
(iv)
A listing and explanation of any
			 civil or criminal enforcement actions by governmental agencies involving
			 environmental protection laws against the applicant or any affiliated person
			 within the ten years immediately preceding the filing of the application, to
			 include administrative enforcement actions or consent orders resulting in the
			 imposition of sanctions, permit or license revocations or denials issued by any
			 stateor federal authority, any actions that have resulted in a finding or a
			 settlement of a violation, and any similar action pending;
(v)
A listing of any federal
			 environmental agency and any other environmental enforcement agency that has or
			 has had regulatory responsibility over the applicant;
and
(vi)
Any other additional information
			 the Director may require which relates to the competency, reliability, or
			 responsibility of the applicant and any affiliated person.
(2)
If the applicant is a
			 publicly held company required to file periodic reports under the Securities
			 and Exchange Act of 1934, or a wholly-owned subsidiary of a publicly-held
			 company, he may submit, in lieu of a disclosure statement, a copy of the most
			 recent annual and quarterly reports required by the Securities and Exchange
			 Commission1. The applicant shall also submit any
			 other information required by the Director which relates to the competency,
			 reliability, or responsibility of the applicant and any affiliated
			 person.
(3)
Governmental entities consisting only of subdivisions or agencies of the
			 federal government, agencies of the state government, counties, municipalities,
			 or duly authorized regional solid waste authorities as defined at Ark. Code
			 Ann. § 8-6-707 are not required to file a disclosure statement under the
			 provisions of this section.
(4)
In addition to the requirements
			 of Section 270.14 of this rule, a change of the ultimate controlling authority
			 from one ultimate controlling person to another is deemed a transfer of permit
			 subject to the prior approval of the Division. An application requesting such
			 approval must contain at least the following information:
(i)
A description of the nature,
			 source and amount of funds or other considerations to be used in affecting the
			 merger or other acquisitions of control;
(ii)
The number and percentage or
			 shares of the voting securities which the acquiring person plans to acquire and
			 the terms of the offer, request, invitation, agreement or acquisition;
			 and
(iii)
All
			 information required under paragraphs (1) or (m) of this Subsection concerning
			 the acquiring person.
(m)
Ownership Disclosure for
			 Commercial Waste Facilities
(1)
The following information shall be submitted along with Part A of any
			 permit application for a commercial hazardous waste management
			 facility.
(i)
If the permit
			 applicant is not an individual, the nature of its business operations shall be
			 stated for the past five years or for such lesser period as such person and any
			 predecessors thereof shall have been in existence.
(ii)
A chart or listing clearly
			 presenting the identities of the interrelationships among the applicant and all
			 affiliates of the applicant shall be furnished. No affiliate need to be
			 identified if its total assets are equal to or less than 1/2 of 1% total assets
			 of the ultimate controlling person affiliated with the applicant. Such a chart
			 should indicate or list the percentage voting securities of each such person
			 which is owned or controlled by the applicant or by any other person, if
			 control of any person is maintained other than basis of such control. As to
			 each person specified in such chart or listing, indicate the type of
			 organization (e.g., corporation, trust, partnership) and the state or other
			 jurisdiction or domicile.
(2)
State the following with respect
			 to 1) the permit application if he or she is an individual or 2) all
			 individuals who are directors, executive officers or owners of 10% or more of
			 the voting securities of the permit applicant if the applicant is not an
			 individual:
(i)
Name and
			 business address;
(ii)
Present principal business activity, occupation or employment position
			 and office held and the name, principal business and address of any corporation
			 or other organization in which such employment is carried
			 on;
(iii)
Material
			 occupations, positions, offices or employment during the last five years,
			 giving the starting and ending dates of each and the name, principal business
			 and address of any business, corporation, position, office or employment
			 carried on; and
(iv)
Whether or not such individual
			 has ever been convicted in a criminal proceeding (excluding minor traffic
			 violations) during the last 10 years and, if so, giving the date, nature of
			 conviction, name and location of court, and penalty imposed or other
			 disposition of the case.
(3)
The following additional
			 information shall be furnished concerning the ultimate controlling person if
			 different from the applicant:
(i)
The principal executive office address;
(ii)
The principal business of the
			 person;
(iii)
The
			 name and address of any person who holds or owns 10% or more of any class of
			 voting security, the class of such security, the number of shares held of
			 record or known to the owned and the percentage of class so held or owned;
			 and
(iv)
With
			 respect to directors and executive officers of the ultimate controlling person,
			 the individual's name and address, his principal occupation and all offices and
			 positions held during the previous five years and any conviction of crimes
			 other than minor traffic violations during the past ten
			 years.
(4)
The permit applicant shall provide a brief description of any
			 litigation or administrative proceeding of the following types, either pending
			 or concluded within the preceding year, to which the applicant (and the
			 ultimate controlling person, if different from the applicant) or any of its
			 directors or executive officers was a party or of which the property of any
			 such person is or was the subject; the names of the parties and the court or
			 agency in which such litigation or proceeding is or was pending shall be
			 given:
(i)
Administrative or
			 judicial proceedings of any state or federal agency or authority concerning
			 environmental violations;
(ii)
Proceedings which may have a
			 material effect upon the solvency of the ultimate holding company, including,
			 but not necessarily limited to, bankruptcy and receivership;
			 and
(iii)
Criminal
			 proceedings.
(5)
The permit applicant shall
			 disclose on an annual basis any changes in the information requested under this
			 paragraph ((m)).
(6)
Every person who becomes the owner of 10% or more of any voting
			 security of a permittee or the ultimate controlling person subsequent to the
			 issuance of a permit shall report within ten (10) days of becoming such owner
			 or controlling person the information required under § 270.10(m)(2)
			 above.
(n) If
			 the Director concludes, based on one or more of the factors listed in paragraph
			 (n)(1) of this section that compliance with the standards of 40 CFR part 63,
			 subpart EEE alone may not be protective of human health or the environment, the
			 Director shall require the additional information or assessment(s) necessary to
			 determine whether additional controls are necessary to ensure protection of
			 human health and the environment. This includes information necessary to
			 evaluate the potential risk to human health and/or the environment resulting
			 from both direct and indirect exposure pathways. The Director may also require
			 a permittee or applicant to provide information necessary to determine whether
			 such an assessment(s) should be required.
(1)
			 The Director shall base the evaluation of whether compliance with the standards
			 of 40 CFR part 63, subpart EEE alone is protective of human health or the
			 environment on factors relevant to the potential risk from a hazardous waste
			 combustion unit, including, as appropriate, any of the following factors:
(i) Particular site-specific considerations
			 such as proximity to receptors (such as schools, hospitals, nursing homes, day
			 care centers, parks, community activity centers, or other potentially sensitive
			 receptors), unique dispersion patterns, etc.;
(ii) Identities and quantities of emissions
			 of persistent, bioaccumulative or toxic pollutants considering enforceable
			 controls in place to limit those pollutants;
(iii) Identities and quantities of nondioxin
			 products of incomplete combustion most likely to be emitted and to pose
			 significant risk based on known toxicities (confirmation of which should be
			 made through emissions testing);
(iv) Identities and quantities of other
			 off-site sources of pollutants in proximity of the facility that significantly
			 influence interpretation of a facility-specific risk assessment;
(v) Presence of significant ecological
			 considerations, such as the proximity of a particularly sensitive ecological
			 area;
(vi) Volume and types of
			 wastes, for example wastes containing highly toxic constituents;
(vii) Other on-site sources of hazardous air
			 pollutants that significantly influence interpretation of the risk posed by the
			 operation of the source in question;
(viii) Adequacy of any previously conducted
			 risk assessment, given any subsequent changes in conditions likely to affect
			 risk; and
(ix) Such other factors
			 as may be appropriate. (2) [Reserved]
§ 270.11
Signatories to permit
			 applications and reports
(a)
			 Applications. All permit applications shall be signed as follows:
(1) For a corporation: By a responsible
			 corporate officer. For the purpose of this section, a responsible corporate
			 officer means
(i) A president, secretary,
			 treasurer, or vice-president of the corporation in charge of a principal
			 business function, or any other person who performs similar policy- or decision
			 making functions for the corporation, or
(ii) the manager of one or more
			 manufacturing, production or operating facilities employing more than 250
			 persons or having gross annual sales or expenditures exceeding $25 million (in
			 second-quarter 1980 dollars), if authority to sign documents has been assigned
			 or delegated to the manager in accordance with corporate procedures.
Note: DEQ does not require specific assignments or
				delegations of authority to responsible corporate officers identified in §
				270.11(a)(1)(i). The Division will presume that these responsible corporate
				officers have the requisite authority to sign permit applications unless the
				corporation has notified the Director to the contrary. Corporate procedures
				governing authority to sign permit applications may provide for assignment or
				delegation to applicable corporate positions under § 270.11(a)(1)(ii)
				rather than to specific individuals.
(2) For a partnership or sole proprietorship;
			 by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or
			 other public agency: by either a principal executive officer or ranking elected
			 official. For purposes of this section, a principal executive officer of a
			 Federal agency includes:
(i) The chief
			 executive officer of the agency, or
(ii) a senior executive officer having
			 responsibility for the overall operations of a principal geographic unit of the
			 agency (e.g., Regional Administrators of EPA).
(b) Reports. All reports required by permits
			 and other information requested by the Director shall be signed by a person
			 described in paragraph (a) of this section, or by a duly authorized
			 representative of that person. A person is a duly authorized representative
			 only if:
(1) The authorization is made in
			 writing by a person described in paragraph (a) of this section;
(2) The authorization specifies either an
			 individual or a position having responsibility for overall operation of the
			 regulated facility or activity such as the position of plant manager, operator
			 of a well or a well field, superintendent, or position of equivalent
			 responsibility. (A duly authorized representative may thus be either a named
			 individual or any individual occupying a named position); and
(3) The written authorization is submitted to
			 the Director.
(c)
			 Changes to authorization. If an authorization under paragraph (b) of this
			 section is no longer accurate because a different individual or position has
			 responsibility for the overall operation of the facility, a new authorization
			 satisfying the requirements of paragraph (b) of this section must be submitted
			 to the Director prior to or together with any reports, information, or
			 applications to be signed by an authorized representative.
(d)
(1) Any
			 person signing a document under paragraph (a) or (b) of this section must make
			 the following certification:
I certify under penalty of law that this document and all
				attachments were prepared under my direction or supervision according to a
				system designed to assure that qualified personnel properly gather and evaluate
				the information submitted. Based on my inquiry of the person or persons who
				manage the system, or those persons directly responsible for gathering the
				information, the information submitted is, to the best of my knowledge and
				belief, true, accurate, and complete. I am aware that there are significant
				penalties for submitting false information, including the possibility of fine
				and imprisonment for knowing violations.
(2) For remedial action plans (RAPs) under
			 subsection H of this section, if the operator certifies according to paragraph
			 (d)(1) of this section, then the owner may choose to make the following
			 certification instead of the certification in paragraph (d)(1) of this section:
			 Based on my knowledge of the conditions of the property described in the RAP
			 and my inquiry of the person or persons who manage the system referenced in the
			 operator's certification, or those persons directly responsible for gathering
			 the information, the information submitted is, to the best of my knowledge and
			 belief, true, accurate, and complete. I am aware that there are significant
			 penalties for submitting false information, including the possibility of fine
			 and imprisonment for knowing violations.
§ 270.12
Availability of
			 Information and Protection of Trade and Business Secrets
(a)
Any records, reports, or
			 information contained under this Rule and any permits, permit applications, and
			 related documentation shall be available to the public for inspection and
			 copying. However, upon a satisfactory showing to the Director that such
			 records, reports, permits, documentation, or information, or any part thereof
			 would, if made public, divulge methods or processes entitled to protection as
			 trade secrets, the Director shall consider, treat and protect such records as
			 confidential.
(b)
It shall be the responsibility of the person claiming any information as
			 confidential under the provisions of subsection a above to clearly mark each
			 page containing such information with the words "CONFIDENTIAL" and to submit an
			 affidavit setting forth the reasons that said person believes that such
			 information is entitled to protection.
(c)
Any document submitted to the
			 Division which contains information for which the claim of confidential
			 information is made shall be submitted in a sealed envelope marked
			 "CONFIDENTIAL" and addressed to the Director. The document shall be submitted
			 in two separate parts. The first part shall contain all information which is
			 not deemed by the person preparing the report as confidential and shall include
			 appropriate cross references to the second part which contains data, words,
			 phrases, paragraphs, or pages and appropriate affidavits containing or relating
			 to information which is claimed to be confidential.
(d)
No information shall be protected
			 as confidential information by the Director unless it is submitted to him in
			 accordance with the provisions of subsection (c) above. No information which is
			 submitted in accordance with the provisions of subsection (c) above shall be
			 afforded protection as confidential information unless the Director finds that
			 such protection is necessary to protect trade secrets and that such protection
			 will not hide from public view the characteristics of waste material and
			 probable effects of the introduction of such waste or byproducts into the
			 environment as a result of the operation of a hazardous waste management
			 facility. The person who submits information claimed as confidential shall
			 receive written notice from the Director as to whether the information has been
			 accepted as confidential or not.
(e)
All information which meets the
			 tests of subsection (d) above shall be marked with the term "ACCEPTED" and
			 shall be protected as confidential information. Whenever the Director finds
			 that information which has been submitted as confidential information in
			 accordance with subsection (c) above does not meet the criteria of subsection
			 (d) above, he shall promptly notify the person submitting such information of
			 his findings and shall give that person reasonable opportunity to further
			 justify his contention that the information deserves protection as a trade
			 secret or to further limit the scope of information for which the request for
			 protection is made. If said person fails to satisfactorily demonstrate to the
			 Director that such information in the form presented to him meets the criteria
			 of subsection (d) above, the Director shall mark the information "REJECTED" and
			 promptly return such information to the person submitting such information.
			 Such person shall have 30 days to resubmit the information in acceptable form
			 or appeal the decision of the Director.
(f)
All information which is accepted
			 by the Director as confidential shall be stored in locked filing cabinets and
			 only those personnel of the Division specifically designated by the Director
			 shall have access to the information contained therein. The Director shall not
			 designate any persons to have access to confidential information unless the
			 person requires such access in order to carry out his responsibilities and
			 duties. No person shall disclose any confidential information except in
			 accordance with the provisions of this Section. No copies shall be made other
			 than for internal Division use or for use or transmittal to officers and
			 employees of the United States except with the written permission of the
			 Director and the person submitting the information.
(g)
The person(s) designated by the
			 Director to maintain confidential files as herein provided shall maintain a log
			 showing the persons who have had access to the confidential files and the dates
			 of such access.
(h)
As necessary to carry out the provisions of the Arkansas Hazardous
			 Waste Management Act, any confidential information acquired by the Division
			 under the provisions of said act may be transmitted to other offices,
			 employees, or authorized representatives of the state or United States provided
			 that the owner or operator of the facility to which such information pertains
			 is informed of such transmittal and provided that such transmittal is made
			 under a continuing restriction of confidentiality.
(i)
Nothing contained herein shall be
			 construed so as to restrict the release of relevant confidential information
			 during situations declared to be emergencies by the Director or his
			 designee.
(j)
Claims of confidentiality for the name and address of any permit applicant or
			 permittee will be denied.
(k)
If a request for any records,
			 documents or information acquired or maintained by DEQ pursuant to the Arkansas
			 Hazardous Waste Management Act and/or this Rule is denied by the Director a
			 notice shall be sent to the requestor stating the basis of the denial and
			 informing the requestor that:
(1)
He may appeal immediately from such denial to an appropriate Circuit
			 Court pursuant to the Arkansas Freedom of Information Act;
			 or,
(2)
He may
			 request judicial review within thirty (30) days of receipt of the notice by
			 filing a notice of appeal with the Secretary of the Arkansas Pollution Control
			 and Ecology Commission and proceeding further pursuant to A.C.A. §
			 8-4-222.
(l)
If a request for records, documents or information is denied, the
			 Director will send the notice required by subsection (k) within twenty (20)
			 days of receipt of the request.
(m)
If the Director fails to produce
			 requested records, documents or information and fails to send the notice
			 required by subsection (k), such failure shall constitute final agency action
			 giving the requestor the right to judicial review under A.C.A. § 8-4-222
			 in addition to any rights of review under the Arkansas Freedom of Information
			 Act.
§
			 270.13
Contents of Part A of the permit application
Part A of the hazardous waste management permit application
				shall include the following information:
(a) The activities conducted by the applicant
			 which require it to obtain a permit under RCRA.
(b) Name, mailing address, and location,
			 including latitude and longitude of the facility for which the application is
			 submitted.
(c) Up to four SIC codes
			 which best reflect the principal products or services provided by the
			 facility.
(d) The operator's name,
			 address, telephone number, ownership status, and status as Federal, State,
			 private, public, or other entity.
(e) The name, address, and phone number of
			 the owner of the facility.
(f)
			 Whether the facility is located on Indian lands.
(g) An indication of whether the facility is
			 new or existing and whether it is a first or revised application.
(h) For existing facilities, (1) a scale
			 drawing of the facility showing the location of all past, present, and future
			 treatment, storage, and disposal areas; and (2) photographs of the facility
			 clearly delineating all existing structures; existing treatment, storage, and
			 disposal areas; and sites of future treatment, storage, and disposal
			 areas.
(i) A description of the
			 processes to be used for treating, storing, and disposing of hazardous waste,
			 and the design capacity of these items.
(j) A specification of the hazardous wastes
			 listed or designated under Section 261of this rule to be treated, stored, or
			 disposed of at the facility, an estimate of the quantity of such wastes to be
			 treated, stored, or disposed annually, and a general description of the
			 processes to be used for such wastes.
For each hazardous waste
			 described above, the application shall include the name and location of the
			 generator of the wastes.
(k) A listing of all permits or construction
			 approvals received or applied for under any of the following programs:
(1) Hazardous Waste Management program under
			 RCRA.
(2) UIC program under the
			 SWDA.
(3) NPDES program under the
			 CWA.
(4) Prevention of Significant
			 Deterioration (PSD) program under the Clean Air Act.
(5) Nonattainment program under the Clean Air
			 Act.
(6) National Emission
			 Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the
			 Clean Air Act.
(7) Ocean dumping
			 permits under the Marine Protection Research and Sanctuaries Act.
(8) Dredge or fill permits under section 404
			 of the CWA.
(9) Other relevant
			 environmental permits, including State permits.
(l) A topographic map (or other map if a
			 topographic map is unavailable) extending one mile beyond the property
			 boundaries of the source, depicting the facility and each of its intake and
			 discharge structures; each of its hazardous waste treatment, storage, or
			 disposal facilities; each well where fluids from the facility are injected
			 underground; and those wells, springs, other surface water bodies, and drinking
			 water wells listed in public records or otherwise known to the applicant within
			 1/4 mile of the facility property boundary.
(m) A brief description of the nature of the
			 business.
(n) For hazardous debris,
			 a description of the debris category(ies) and contaminant category(ies) to be
			 treated, stored, or disposed of at the facility.
(o)
Disclosure information as
			 required by § 270.10(l) of this section.
(p)
For hazardous waste landfills,
			 evidence of such forms of assurance including full fee ownership of lands and
			 all mineral rights thereto, to ensure that the owner of the landfill for which
			 application is made has the legal authority to commit lands used for the
			 landfill to perpetual security and that said owner has made such legally
			 binding arrangements as necessary to protect the integrity of the surface and
			 subsurface area of the landfill in perpetuity.
§ 270.14
Contents of Part B:
			 General requirements
(a) Part B of the
			 permit application consists of the general information requirements of this
			 section, and the specific information requirements in §§ 270.14
			 through 270.29 applicable to the facility. The Part B information requirements
			 presented in §§ 270.14 through 270.29 reflect the standards
			 promulgated in 40 CFR part 264 and Section 264. These information requirements
			 are necessary in order for DEQ to determine compliance with the Section 264 and
			 40 CFR Part 264 standards. If owners and operators of HWM facilities can
			 demonstrate that the information prescribed in Part B can not be provided to
			 the extent required, the Director may make allowance for submission of such
			 information on a case-by-case basis. Information required in Part B shall be
			 submitted to the Director and signed in accordance with requirements in §
			 270.11. Certain technical data, such as design drawings and specifications, and
			 engineering studies shall be certified by an
independent qualified
			 Arkansas- registered professional engineer.
For post-closure permits,
			 only the information specified in § 270.28 is required in Part B of the
			 permit application.
(b) General
			 information requirements. The following information is required for all HWM
			 facilities, except as § 264.1 provides otherwise:
(1) A general description of the
			 facility.
(2) Chemical and physical
			 analyses of the hazardous waste and hazardous debris to be handled at the
			 facility. At a minimum, these analyses shall contain all the information which
			 must be known to treat, store, or dispose of the wastes properly in accordance
			 with Section 264.
(3) A copy of the
			 waste analysis plan required by § 264.13(b) and, if applicable §
			 264.13(c).
(4) A description of the
			 security procedures and equipment required by § 264.14, or a justification
			 demonstrating the reasons for requesting a waiver of this
			 requirement.
(5) A copy of the
			 general inspection schedule required by § 264.15(b) of this section.
			 Include where applicable, as part of the inspection schedule, specific
			 requirements in §§ 264.174, 264.193(i), 264.195, 264.226, 264.254,
			 264.273, 264.303, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, 264.1084,
			 264.1085, 264.1086, 264.1088, and 264.1101 of this section.
(6) A justification of any request for a
			 waiver(s) of the preparedness and prevention requirements of Section 264,
			 Subsection C.
(7) A copy of the
			 contingency plan required by Section 264, Subsection D. Note: Include, where
			 applicable, as part of the contingency plan, specific requirements in
			 §§ 264.227, 264.255, and 264.200,
and evidence that this plan
			 has been developed in consultation with the fire division having jurisdiction
			 and by the Mayor or City Manager of the municipality or by the County Judge of
			 the county in which the facility is to be located.
(8) A description of procedures, structures,
			 or equipment used at the facility to:
(i)
			 Prevent hazards in unloading operations (for example, ramps, special
			 forklifts);
(ii) Prevent runoff
			 from hazardous waste handling areas to other areas of the facility or
			 environment, or to prevent flooding (for example, berms, dikes,
			 trenches);
(iii) Prevent
			 contamination of water supplies;
(iv) Mitigate effects of equipment failure
			 and power outages;
(v) Prevent
			 undue exposure of personnel to hazardous waste (for example, protective
			 clothing); and
(vi) Prevent
			 releases to atmosphere.
(9) A description of precautions to prevent
			 accidental ignition or reaction of ignitable, reactive, or incompatible wastes
			 as required to demonstrate compliance with § 264.17 including
			 documentation demonstrating compliance with § 264.17(c).
(10) Traffic pattern, estimated volume
			 (number, types of vehicles) and control (for example, show turns across traffic
			 lanes, and stacking lanes (if appropriate); describe access road surfacing and
			 load bearing capacity; show traffic control signals).
(11) Facility location information;
(i) In order to determine the applicability
			 of the seismic standard [§ 264.18(a)] the owner or operator of a new
			 facility must identify the political jurisdiction (e.g., county, township, or
			 election district) in which the facility is proposed to be located.
[Comment: If the county or election district is not listed in
				appendix VI of Section 264, no further information is required to demonstrate
				compliance with § 264.18(a).]
(ii) If the facility is proposed to be
			 located in an area listed in appendix VI of Section 264, the owner or operator
			 shall demonstrate compliance with the seismic standard. This demonstration may
			 be made using either published geologic data or data obtained from field
			 investigations carried out by the applicant. The information provided must be
			 of such quality to be acceptable to geologists experienced in identifying and
			 evaluating seismic activity. The information submitted must show that either:
(A) No faults which have had displacement in
			 Holocene time are present, or no lineations which suggest the presence of a
			 fault (which have displacement in Holocene time) within 3,000 feet of a
			 facility are present, based on data from:
(1)
			 Published geologic studies,
(2)
			 Aerial reconnaissance of the area within a five-mile radius from the
			 facility.
(3) An analysis of aerial
			 photographs covering a 3,000 foot radius of the facility, and
(4) If needed to clarify the above data, a
			 reconnaissance based on walking portions of the area within 3,000 feet of the
			 facility, or
(B) If
			 faults (to include lineations) which have had displacement in Holocene time are
			 present within 3,000 feet of a facility, no faults pass within 200 feet of the
			 portions of the facility where treatment, storage, or disposal of hazardous
			 waste will be conducted, based on data from a comprehensive geologic analysis
			 of the site. Unless a site analysis is otherwise conclusive concerning the
			 absence of faults within 200 feet of such portions of the facility data shall
			 be obtained from a subsurface exploration (trenching) of the area within a
			 distance no less than 200 feet from portions of the facility where treatment,
			 storage, or disposal of hazardous waste will be conducted. Such trenching shall
			 be performed in a direction that is perpendicular to known faults (which have
			 had displacement in Holocene time) passing within 3,000 feet of the portions of
			 the facility where treatment, storage, or disposal of hazardous waste will be
			 conducted. Such investigation shall document with supporting maps and other
			 analyses, the location of faults found.
[Comment: EPA's "The Guidance Manual for the Location
				Standards" provides greater detail on the content of each type of seismic
				investigation and the appropriate conditions under which each approach or a
				combination of approaches would be used.]
(iii) Owners and operators of all facilities
			 shall provide an identification of whether the facility is located within a
			 100-year floodplain. This identification must indicate the source of data for
			 such determination and include a copy of the relevant Federal Insurance
			 Administration (FIA) flood map, if used, or the calculations and maps used
			 where an FIA map is not available. Information shall also be provided
			 identifying the 100-year flood level and any other special flooding factors
			 (e.g., wave action) which must be considered in designing, constructing,
			 operating, or maintaining the facility to withstand washout from a 100-year
			 flood.
[Comment: Where maps for the National Flood Insurance Program
				produced by the Federal Insurance Administration (FIA) of the Federal Emergency
				Management Agency are available, they will normally be determinative of whether
				a facility is located within or outside of the 100-year floodplain. However,
				where the FIA map excludes an area (usually areas of the floodplain less than
				200 feet in width), these areas must be considered and a determination made as
				to whether they are in the 100-year floodplain. Where FIA maps are not
				available for a proposed facility location, the owner or operator must use
				equivalent mapping techniques to determine whether the facility is within the
				100-year floodplain, and if so located, what the 100-year flood elevation would
				be.]
(iv) Owners and
			 operators of facilities located in the 100-year floodplain must provide the
			 following information:
(A) Engineering
			 analysis to indicate the various hydrodynamic and hydrostatic forces expected
			 to result at the site as consequence of a 100-year flood.
(B) Structural or other engineering studies
			 showing the design of operational units (e.g., tanks, incinerators) and flood
			 protection devices (e.g., floodwalls, dikes) at the facility and how these will
			 prevent washout.
(C) If applicable,
			 and in lieu of paragraphs (b)(11)(iv) (A) and (B) of this section, a detailed
			 description of procedures to be followed to remove hazardous waste to safety
			 before the facility is flooded, including:
(1)
			 Timing of such movement relative to flood levels, including estimated time to
			 move the waste, to show that such movement can be completed before floodwaters
			 reach the facility.
(2) A
			 description of the location(s) to which the waste will be moved and
			 demonstration that those facilities will be eligible to receive hazardous waste
			 in accordance with the regulations under Sections 270 and 264 through 266 of
			 this rule.
(3) The planned
			 procedures, equipment, and personnel to be used and the means to ensure that
			 such resources will be available in time for use.
(4) The potential for accidental discharges
			 of the waste during movement. (v) Existing facilities NOT in compliance with
			 § 264.18(b) shall provide a plan showing how the facility will be brought
			 into compliance and a schedule for compliance.
(12) An outline of both the
			 introductory and continuing training programs by owners or operators to prepare
			 persons to operate or maintain the HWM facility in a safe manner as required to
			 demonstrate compliance with § 264.16. A brief description of how training
			 will be designed to meet actual job tasks in accordance with requirements in
			 § 264.16(a)(3).
(13) A copy of
			 the closure plan and, where applicable, the post-closure plan required by
			 §§ 264.112, 264.118, and 264.197. Include, where applicable, as part
			 of the plans, specific requirements in §§ 264.178, 264.197, 264.228,
			 264.258, 264.280, 264.310, 264.351, 264.601, 264.603, and 264.1102.
(14) For hazardous waste disposal units that
			 have been closed, documentation that notices required under § 264.119 have
			 been filed.
(15) The most recent
			 closure cost estimate for the facility prepared in accordance with §
			 264.142 and a copy of the documentation required to demonstrate financial
			 assurance under § 264.143. For a new facility, a copy of the required
			 documentation may be submitted 60 days prior to the initial receipt of
			 hazardous wastes, if that is later than the submission of the Part B.
(16) Where applicable, the most recent
			 post-closure cost estimate for the facility prepared in accordance with §
			 264.144 plus a copy of the documentation required to demonstrate financial
			 assurance under § 264.145. For a new facility, a copy of the required
			 documentation may be submitted 60 days prior to the initial receipt of
			 hazardous wastes, if that is later than the submission of the Part B.
(17) Where applicable, a copy of the
			 insurance policy or other documentation which comprises compliance with the
			 requirements of § 264.147. For a new facility, documentation showing the
			 amount of insurance meeting the specification of § 264.147(a) and, if
			 applicable, § 264.147(b), that the owner or operator plans to have in
			 effect before initial receipt of hazardous waste for treatment, storage, or
			 disposal. A request for a variance in the amount of required coverage, for a
			 new or existing facility, may be submitted as specified in §
			 264.147(c).
(18) Where appropriate,
			 proof of coverage by a State financial mechanism in compliance with §
			 264.149 or § 264.150.
(19) A
			 topographic map showing a distance of 1000 feet around the facility at a scale
			 of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet).
			 Contours must be shown on the map. The contour interval must be sufficient to
			 clearly show the pattern of surface water flow in the vicinity of and from each
			 operational unit of the facility. For example, contours with an interval of 1.5
			 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval
			 of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and
			 operators of HWM facilities located in mountainous areas should use large
			 contour intervals to adequately show topographic profiles of facilities. The
			 map shall clearly show the following:
(i) Map
			 scale and date.
(ii) 100-year
			 floodplain area.
(iii) Surface
			 waters including intermittent streams.
(iv) Surrounding land uses (residential,
			 commercial, agricultural, recreational).
(v) A wind rose (i.e., prevailing wind-speed
			 and direction).
(vi) Orientation of
			 the map (north arrow).
(vii) Legal
			 boundaries of the HWM facility site.
(viii) Access control (fences,
			 gates).
(ix) Injection and
			 withdrawal wells both on-site and off-site.
(x) Buildings; treatment, storage, or
			 disposal operations; or other structure (recreation areas, runoff control
			 systems, access and internal roads, storm, sanitary, and process sewerage
			 systems, loading and unloading areas, fire control facilities, etc.)
(xi) Barriers for drainage or flood
			 control.
(xii) Location of
			 operational units within the HWM facility site, where hazardous waste is (or
			 will be) treated, stored, or disposed (include equipment cleanup
			 areas).
(xiii) Location and
			 description of all solid waste management units (SWMUs).
Note: For large HWM facilities the Division will allow the use
				of other scales on a case-by-case basis.
(20) Applicants may be required to submit
			 such information as may be necessary to enable the Director to carry out his
			 duties under other State and Federal laws as required in § 270.3 of this
			 part.
(21) For land disposal
			 facilities, if a case-by-case extension has been approved under
			 40 CFR
			 268.5 or a petition has been approved under
			 § 268.6, a copy of the notice of approval for the extension or petition is
			 required.
(22) A summary of the
			 pre-application meeting, along with a list of attendees and their addresses,
			 and copies of any written comments or materials submitted at the meeting, as
			 required under § 270.9(a)(3).
(23)
A full description of all
			 laboratory equipment, sampling procedures and analytical procedures which would
			 be employed to identify, segregate or locate hazardous waste within the
			 facility.
(c)
			 Additional information requirements. The following additional information
			 regarding protection of groundwater is required from owners or operators of
			 hazardous waste facilities containing a regulated unit except as provided in
			 § 264.90(b) of this rule:
(1) A summary
			 of the ground-water monitoring data obtained during the interim status period
			 under §§ 265.90 through 265.94, where applicable.
(2) Identification of the uppermost aquifer
			 and aquifers hydraulically interconnected beneath the facility property,
			 including ground-water flow direction and rate, and the basis for such
			 identification (i.e., the information obtained from hydrogeologic
			 investigations of the facility area).
(3) On the topographic map required under
			 paragraph (b)(19) of this section, a delineation of the waste management area,
			 the property boundary, the proposed "point of compliance" as defined under
			 § 264.95, the proposed location of ground-water monitoring wells as
			 required under § 264.97, and, to the extent possible, the information
			 required in paragraph (c)(2) of this section.
(4) A description of any plume of
			 contamination that has entered the ground water from a regulated unit at the
			 time that the application was submitted that:
(i) Delineates the extent of the plume on the
			 topographic map required under paragraph (b)(19) of this section;
(ii) Identifies the concentration of each
			 appendix IX, of Section 264 of this rule, constituent throughout the plume or
			 identifies the maximum concentrations of each appendix IX constituent in the
			 plume.
(5) Detailed
			 plans and an engineering report describing the proposed ground water monitoring
			 program to be implemented to meet the requirements of § 264.97.
(6) If the presence of hazardous constituents
			 has not been detected in the ground water at the time of permit application,
			 the owner or operator must submit sufficient information, supporting data, and
			 analyses to establish a detection monitoring program which meets the
			 requirements of § 264.98. This submission must address the following items
			 specified under § 264.98:
(i) A proposed
			 list of indicator parameters, waste constituents, or reaction products that can
			 provide a reliable indication of the presence of hazardous constituents in the
			 ground water;
(ii) A proposed
			 ground-water monitoring system;
(iii) Background values for each proposed
			 monitoring parameter or constituent, or procedures to calculate such values;
			 and
(iv) A description of proposed
			 sampling, analysis and statistical comparison procedures to be utilized in
			 evaluating ground-water monitoring data.
(7) If the presence of hazardous constituents
			 has been detected in the ground water at the point of compliance at the time of
			 the permit application, the owner or operator must submit sufficient
			 information, supporting data, and analyses to establish a compliance monitoring
			 program which meets the requirements of § 264.99. Except as provided in
			 § 264.98(h)(5), the owner or operator must also submit an engineering
			 feasibility plan for a corrective action program necessary to meet the
			 requirements of § 264.100, unless the owner or operator obtains written
			 authorization in advance from the Director to submit a proposed permit schedule
			 for submittal of such a plan. To demonstrate compliance with § 264.99, the
			 owner or operator must address the following items:
(i) A description of the wastes previously
			 handled at the facility;
(ii) A
			 characterization of the contaminated ground water, including concentrations of
			 hazardous constituents;
(iii) A
			 list of hazardous constituents for which compliance monitoring will be
			 undertaken in accordance with §§ 264.97 and 264.99;
(iv) Proposed concentration limits for each
			 hazardous constituent, based on the criteria set forth in § 264.94(a),
			 including a justification for establishing any alternate concentration
			 limits;
(v) Detailed plans and an
			 engineering report describing the proposed ground-water monitoring system, in
			 accordance with the requirements of § 264.97; and
(vi) A description of proposed sampling,
			 analysis and statistical comparison procedures to be utilized in evaluating
			 ground-water monitoring data.
(8) If hazardous constituents have been
			 measured in the ground water which exceed the concentration limits established
			 under § 264.94 Table 1, or if ground water monitoring conducted at the
			 time of permit application under §§ 265.90 through 265.94 at the
			 waste boundary indicates the presence of hazardous constituents from the
			 facility in ground water over background concentrations, the owner or operator
			 must submit sufficient information, supporting data, and analyses to establish
			 a corrective action program which meets the requirements of § 264.100.
			 However, an owner or operator is not required to submit information to
			 establish a corrective action program if he demonstrates to the Director that
			 alternate concentration limits will protect human health and the environment
			 after considering the criteria listed in § 264.94(b). An owner or operator
			 who is not required to establish a corrective action program for this reason
			 must instead submit sufficient information to establish a compliance monitoring
			 program which meets the requirements of § 264.99 and paragraph (c)(6) of
			 this section. To demonstrate compliance with § 264.100, the owner or
			 operator must address, at a minimum, the following items:
(i) A characterization of the contaminated
			 ground water, including concentrations of hazardous constituents;
(ii) The concentration limit for each
			 hazardous constituent found in the ground water as set forth in §
			 264.94;
(iii) Detailed plans and an
			 engineering report describing the corrective action to be taken; and
(iv) A description of how the ground-water
			 monitoring program will demonstrate the adequacy of the corrective
			 action.
(v) The permit may contain
			 a schedule for submittal of the information required in paragraphs (c)(8) (iii)
			 and (iv) provided the owner or operator obtains written authorization from the
			 Director prior to submittal of the complete permit application. (d) Information
			 requirements for solid waste management units.
(1) The following information is required for
			 each solid waste management unit at a facility seeking a permit:
(i) The location of the unit on the
			 topographic map required under paragraph (b)(19) of this section.
(ii) Designation of type of unit.
(iii) General dimensions and structural
			 description (supply any available drawings).
(iv) When the unit was operated.
(v) Specification of all wastes that have
			 been managed at the unit, to the extent available.
(2) The owner or operator of any facility
			 containing one or more solid waste management units must submit all available
			 information pertaining to any release of hazardous wastes or hazardous
			 constituents from such unit or units.
(3) The owner/operator must conduct and
			 provide the results of sampling and analysis of groundwater, land surface, and
			 subsurface strata, surface water, or air, which may include the installation of
			 wells, where the Director ascertains it is necessary to complete a RCRA
			 Facility Assessment that will determine if a more complete investigation is
			 necessary.
§ 270.15
Specific Part B
			 information requirements for containers
Except as otherwise provided in § 264.170, owners or
				operators of facilities that store containers of hazardous waste must provide
				the following additional information:
(a) A description of the containment system
			 to demonstrate compliance with § 264.175. Show at least the following:
(1) Basic design parameters, dimensions, and
			 materials of construction.
(2) How
			 the design promotes drainage or how containers are kept from contact with
			 standing liquids in the containment system.
(3) Capacity of the containment system
			 relative to the number and volume of containers to be stored.
(4) Provisions for preventing or managing
			 run-on.
(5) How accumulated liquids
			 can be analyzed and removed to prevent overflow.
(b) For storage areas that store containers
			 holding wastes that do not contain free liquids, a demonstration of compliance
			 with § 264.175(c), including:
(1) Test
			 procedures and results or other documentation or information to show that the
			 wastes do not contain free liquids; and
(2) A description of how the storage area is
			 designed or operated to drain and remove liquids or how containers are kept
			 from contact with standing liquids.
(c) Sketches, drawings, or data demonstrating
			 compliance with § 264.176 (location of buffer zone and containers holding
			 ignitable or reactive wastes) and § 264.177(c) (location of incompatible
			 wastes), where applicable.
(d)
			 Where incompatible wastes are stored or otherwise managed in containers, a
			 description of the procedures used to ensure compliance with §§
			 264.177 (a) and (b), and 264.17 (b) and (c).
(e) Information on air emission control
			 equipment as required in § 270.27.
§ 270.16
Specific Part B
			 information requirements for tank systems
Except as otherwise provided in § 264.190, owners and
				operators of facilities that use tanks to store or treat hazardous waste must
				provide the following additional information:
(a) A written assessment that is reviewed and
			 certified by an
independent, qualified, Arkansas-registered
			 professional engineer
as to the structural integrity and suitability
			 for handling hazardous waste of each tank system, as required under
			 §§ 264.191 and 264.192;
(b) Dimensions and capacity of each
			 tank;
(c) Description of feed
			 systems, safety cutoff, bypass systems, and pressure controls (e.g.,
			 vents);
(d) A diagram of piping,
			 instrumentation, and process flow for each tank system;
(e) A description of materials and equipment
			 used to provide external corrosion protection, as required under §
			 264.192(a)(3)(ii);
(f) For new tank
			 systems, a detailed description of how the tank system(s) will be installed in
			 compliance with § 264.192 (b), (c), (d), and (e);
(g) Detailed plans and description of how the
			 secondary containment system for each tank system is or will be designed,
			 constructed, and operated to meet the requirements of § 264.193 (a), (b),
			 (c), (d), (e), and (f);
(h) For
			 tank systems for which a variance from the requirements of § 264.193 is
			 sought (as provided by §§ 264.193(g)):
(1) Detailed plans and engineering and
			 hydrogeologic reports, as appropriate, describing alternate design and
			 operating practices that will, in conjunction with location aspects, prevent
			 the migration of any hazardous waste or hazardous constituents into the ground
			 water or surface water during the life of the facility, or
(2) A detailed assessment of the substantial
			 present or potential hazards posed to human health or the environment should a
			 release enter the environment.
(i) Description of controls and practices to
			 prevent spills and overflows, as required under § 264.194(b); and (j) For
			 tank systems in which ignitable, reactive, or incompatible wastes are to be
			 stored or treated, a description of how operating procedures and tank system
			 and facility design will achieve compliance with the requirements of
			 §§ 264.198 and 264.199.
(k) Information on air emission control
			 equipment as required in § 270.27.
§ 270.17
Specific Part B
			 information requirements for surface impoundments
Except as otherwise provided in § 264.1, owners and
				operators of facilities that store, treat or dispose of hazardous waste in
				surface impoundments must provide the following additional information:
(a) A list of the hazardous wastes placed or
			 to be placed in each surface impoundment;
(b) Detailed plans and an engineering report
			 describing how the surface impoundment is designed and is or will be
			 constructed, operated, and maintained to meet the requirements of §§
			 264.19, 264.221, 264.222, and 264.223 of this rule, addressing the following
			 items:
(1) The liner system (except for an
			 existing portion of a surface impoundment). If an exemption from the
			 requirement for a liner is sought as provided by § 264.221(b), submit
			 detailed plans and engineering and hydrogeologic reports, as appropriate,
			 describing alternate design and operating practices that will, in conjunction
			 with location aspects, prevent the migration of any hazardous constituents into
			 the ground water or surface water at any future time;
(2) The double liner and leak (leachate)
			 detection, collection, and removal system, if the surface impoundment must meet
			 the requirements of § 264.221(c) of this rule. If an exemption from the
			 requirements for double liners and a leak detection, collection, and removal
			 system or alternative design is sought as provided by § 264.221(d), (e),
			 or (f) of this rule, submit appropriate information;
(3) If the leak detection system is located
			 in a saturated zone, submit detailed plans and an engineering report explaining
			 the leak detection system design and operation, and the location of the
			 saturated zone in relation to the leak detection system;
(4) The construction quality assurance (CQA)
			 plan if required under § 264.19 of this rule;
(5) Proposed action leakage rate, with
			 rationale, if required under § 264.222 of this rule, and response action
			 plan, if required under § 264.223 of this rule;
(6) Prevention of overtopping; and
(7) Structural integrity of dikes;
(c) A description of how each
			 surface impoundment, including the double liner system, leak detection system,
			 cover system, and appurtenances for control of overtopping, will be inspected
			 in order to meet the requirements of § 264.226(a), (b), and (d) of this
			 rule. This information must be included in the inspection plan submitted under
			 § 270.14(b)(5);
(d) A
			 certification by a qualified engineer which attests to the structural integrity
			 of each dike, as required under § 264.226(c). For new units, the owner or
			 operator must submit a statement by a qualified engineer that he will provide
			 such a certification upon completion of construction in accordance with the
			 plans and specifications;
(e) A
			 description of the procedure to be used for removing a surface impoundment from
			 service, as required under § 264.227(b) and (c). This information should
			 be included in the contingency plan submitted under §
			 270.14(b)(7);
(f) A description of
			 how hazardous waste residues and contaminated materials will be removed from
			 the unit at closure, as required under § 264.228(a)(1). For any wastes not
			 to be removed from the unit upon closure, the owner or operator must submit
			 detailed plans and an engineering report describing how § 264.228(a)(2)
			 and (b) will be complied with. This information should be included in the
			 closure plan and, where applicable, the post-closure plan submitted under
			 § 270.14(b)(13);
(g) If
			 ignitable or reactive wastes are to be placed in a surface impoundment, an
			 explanation of how § 264.229 will be complied with;
(h) If incompatible wastes, or incompatible
			 wastes and materials will be placed in a surface impoundment, an explanation of
			 how § 264.230 will be complied with.
(i) A waste management plan for EPA Hazardous
			 Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how the surface
			 impoundment is or will be designed, constructed, operated, and maintained to
			 meet the requirements of § 264.231. This submission must address the
			 following items as specified in § 264.231:
(1) The volume, physical, and chemical
			 characteristics of the wastes, including their potential to migrate through
			 soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
			 and surrounding soils or other materials;
(3) The mobilizing properties of other
			 materials co-disposed with these wastes; and
(4) The effectiveness of additional
			 treatment, design, or monitoring techniques. (j) Information on air emission
			 control equipment as required in § 270.27.
§ 270.18
Specific Part B
			 information requirements for waste piles
Except as otherwise provided in § 264.1, owners and
				operators of facilities that store or treat hazardous waste in waste piles must
				provide the following additional information:
(a) A list of hazardous wastes placed or to
			 be placed in each waste pile;
(b)
			 If an exemption is sought to § 264.251 and Subsection F of Section 264 as
			 provided by § 264.250(c) or § 264.90(b)(2), an explanation of how the
			 standards of § 264.250(c) will be complied with or detailed plans and an
			 engineering report describing how the requirements of § 264.90(b)(2) will
			 be met.
(c) Detailed plans and an
			 engineering report describing how the waste pile is designed and is or will be
			 constructed, operated, and maintained to meet the requirements of §§
			 264.19, 264.251, 264.252, and 264.253 of this rule, addressing the following
			 items:
(1)
(i) The liner system (except for an existing
			 portion of a waste pile), if the waste pile must meet the requirements of
			 § 264.251(a) of this rule. If an exemption from the requirement for a
			 liner is sought as provided by § 264.251(b) of this rule, submit detailed
			 plans, and engineering and hydrogeological reports, as appropriate, describing
			 alternate designs and operating practices that will, in conjunction with
			 location aspects, prevent the migration of any hazardous constituents into the
			 ground water or surface water at any future time;
(ii) The double liner and leak (leachate)
			 detection, collection, and removal system, if the waste pile must meet the
			 requirements of § 264.251(c) of this rule. If an exemption from the
			 requirements for double liners and a leak detection, collection, and removal
			 system or alternative design is sought as provided by § 264.251(d), (e),
			 or (f) of this rule, submit appropriate information;
(iii) If the leak detection system is located
			 in a saturated zone, submit detailed plans and an engineering report explaining
			 the leak detection system design and operation, and the location of the
			 saturated zone in relation to the leak detection system;
(iv) The construction quality assurance (CQA)
			 plan if required under § 264.19 of this rule;
(v) Proposed action leakage rate, with
			 rationale, if required under § 264.252 of this rule, and response action
			 plan, if required under § 264.253 of this rule;
(2) Control of run-on;
(3) Control of run-off;
(4) Management of collection and holding
			 units associated with run-on and run-off control systems; and
(5) Control of wind dispersal of particulate
			 matter, where applicable;
(d) A description of how each waste pile,
			 including the double liner system, leachate collection and removal system, leak
			 detection system, cover system, and appurtenances for control of run-on and
			 run-off, will be inspected in order to meet the requirements of §
			 264.254(a), (b), and (c) of this rule. This information must be included in the
			 inspection plan submitted under § 270.14(b)(5);
(e) If treatment is carried out on or in the
			 pile, details of the process and equipment used, and the nature and quality of
			 the residuals;
(f) If ignitable or
			 reactive wastes are to be placed in a waste pile, an explanation of how the
			 requirements of § 264.256 will be complied with;
(g) If incompatible wastes, or incompatible
			 wastes and materials will be placed in a waste pile, an explanation of how
			 § 264.257 will be complied with;
(h) A description of how hazardous waste
			 residues and contaminated materials will be removed from the waste pile at
			 closure, as required under § 264.258(a). For any waste not to be removed
			 from the waste pile upon closure, the owner or operator must submit detailed
			 plans and an engineering report describing how § 264.310 (a) and (b) will
			 be complied with. This information should be included in the closure plan and,
			 where applicable, the post-closure plan submitted under §
			 270.14(b)(13).
(i) A waste
			 management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and
			 FO27 describing how a waste pile that is not enclosed (as defined in §
			 264.250(c)) is or will be designed, constructed, operated, and maintained to
			 meet the requirements of § 264.259. This submission must address the
			 following items as specified in § 264.259:
(1) The volume, physical, and chemical
			 characteristics of the wastes to be disposed in the waste pile, including their
			 potential to migrate through soil or to volatilize or escape into the
			 atmosphere;
(2) The attenuative
			 properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other
			 materials co-disposed with these wastes; and
(4) The effectiveness of additional
			 treatment, design, or monitoring techniques.
§ 270.19
Specific Part B
			 information requirements for incinerators
Except as § 264.340 of this rule and § 270.19(e)
				provide otherwise, owners and operators of facilities that incinerate hazardous
				waste must fulfill the requirements of (a), (b), or (c) of this section.
(a) When seeking an exemption under §
			 264.340 (b) or (c) of this rule (ignitable, corrosive, or reactive wastes
			 only):
(1) Documentation that the waste is
			 listed as a hazardous waste in Section 261, Subsection D of this rule, solely
			 because it is ignitable (Hazard Code I) or corrosive (Hazard Code C) or both;
			 or
(2) Documentation that the waste
			 is listed as a hazardous waste in Section 261, Subsection D of this rule,
			 solely because it is reactive (Hazard Code R) for characteristics other than
			 those listed in § 261.23(a) (4) and (5) of this rule, and will not be
			 burned when other hazardous wastes are present in the combustion zone;
			 or
(3) Documentation that the waste
			 is a hazardous waste solely because it possesses the characteristic of
			 ignitability, corrosivity, or both, as determined by the tests for
			 characteristics of hazardous waste under Section 261, Subsection C of this
			 rule; or
(4) Documentation that the
			 waste is a hazardous waste solely because it possesses the reactivity
			 characteristics listed in § 261.23(a) (1), (2), (3), (6), (7), or (8) of
			 this rule, and that it will not be burned when other hazardous wastes are
			 present in the combustion zone; or
(b) Submit a trial burn plan or the results
			 of a trial burn, including all required determinations, in accordance with
			 § 270.62; or
(c) In lieu of a
			 trial burn, the applicant may submit the following information:
(1) An analysis of each waste or mixture of
			 wastes to be burned including:
(i) Heat value
			 of the waste in the form and composition in which it will be burned.
(ii) Viscosity (if applicable), or
			 description of physical form of the waste.
(iii) An identification of any hazardous
			 organic constituents listed in Section 261, appendix VIII, of this rule, which
			 are present in the waste to be burned, except that the applicant need not
			 analyze for constituents listed in Section 261, appendix VIII, of this rule
			 which would reasonably not be expected to be found in the waste. The
			 constituents excluded from analysis must be identified and the basis for their
			 exclusion stated. The waste analysis must rely on appropriate analytical
			 techniques.
(iv) An approximate
			 quantification of the hazardous constituents identified in the waste, within
			 the precision produced by the analytical methods specified in "Test Methods for
			 Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as
			 incorporated by reference in § 260.11 of this rule and §
			 270.6.
(v) A quantification of
			 those hazardous constituents in the waste which may be designated as POHC's
			 based on data submitted from other trial or operational burns which demonstrate
			 compliance with the performance standards in § 264.343 of this
			 rule.
(2) A detailed
			 engineering description of the incinerator, including:
(i) Manufacturer's name and model number of
			 incinerator.
(ii) Type of
			 incinerator.
(iii) Linear dimension
			 of incinerator unit including cross sectional area of combustion
			 chamber.
(iv) Description of
			 auxiliary fuel system (type/feed).
(v) Capacity of prime mover.
(vi) Description of automatic waste feed
			 cutoff system(s).
(vii) Stack gas
			 monitoring and pollution control monitoring system.
(viii) Nozzle and burner design.
(ix) Construction materials.
(x) Location and description of temperature,
			 pressure, and flow indicating devices and control devices.
(3) A description and analysis of the waste
			 to be burned compared with the waste for which data from operational or trial
			 burns are provided to support the contention that a trial burn is not needed.
			 The data should include those items listed in paragraph (c)(1) of this section.
			 This analysis should specify the POHC's which the applicant has identified in
			 the waste for which a permit is sought, and any differences from the POHC's in
			 the waste for which burn data are provided.
(4) The design and operating conditions of
			 the incinerator unit to be used, compared with that for which comparative burn
			 data are available.
(5) A
			 description of the results submitted from any previously conducted trial
			 burn(s) including:
(i) Sampling and analysis
			 techniques used to calculate performance standards in § 264.343 of this
			 rule,
(ii) Methods and results of
			 monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate
			 indicator of combustion gas velocity (including a statement concerning the
			 precision and accuracy of this measurement),
(6) The expected incinerator operation
			 information to demonstrate compliance with §§ 264.343 and 264.345 of
			 this rule including:
(i) Expected carbon
			 monoxide (CO) level in the stack exhaust gas. (ii) Waste feed rate.
(iii) Combustion zone temperature. (iv)
			 Indication of combustion gas velocity.
(v) Expected stack gas volume, flow rate, and
			 temperature.
(vi) Computed
			 residence time for waste in the combustion zone.
(vii) Expected hydrochloric acid removal
			 efficiency.
(viii) Expected
			 fugitive emissions and their control procedures.
(ix) Proposed waste feed cut-off limits based
			 on the identified significant operating parameters.
(7) Such supplemental information as the
			 Director finds necessary to achieve the purposes of this paragraph.
(8) Waste analysis data, including that
			 submitted in paragraph (c)(1) of this section, sufficient to allow the Director
			 to specify as permit Principal Organic Hazardous Constituents (permit POHC's)
			 those constituents for which destruction and removal efficiencies will be
			 required.
(d) The
			 Director
may
approve a permit application without a trial burn
			 if he finds that:
(1) The wastes are
			 sufficiently similar; and
(2) The
			 incinerator units are sufficiently similar, and the data from other trial burns
			 are adequate to specify (under § 264.345 of this rule) operating
			 conditions that will ensure that the performance standards in § 264.343 of
			 this rule will be met by the incinerator.
(e) When an owner or operator of a hazardous
			 waste incineration unit becomes subject to RCRA permit requirements after
			 October 12, 2005, or when an owner or operator of an existing hazardous waste
			 incineration unit demonstrates compliance with the air emission standards and
			 limitations in 40 CFR Part 63, subpart EEE (i.e., by conducting a comprehensive
			 performance test and submitting a Notification of Compliance under
			 40 CFR §§
													63.1207(j) and §§
												63.1210(d)
			 documenting compliance with all applicable requirements of 40 CFR Part 63,
			 Subpart EEE), the requirements of this section do not apply, except those
			 provisions the Director determines are necessary to ensure compliance with
			 §§ 264.345(a) and 264.345(c) of this rule if you elect to comply with
			 § 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup,
			 shutdown, and malfunction events. Nevertheless, the Director may apply the
			 provisions of this section, on a case-by-case basis, for purposes of
			 information collection in accordance with §§ 270.10(n), 270.32(b)(2),
			 and 270.32(b)(3).
§
			 270.20
Specific Part B information requirements for land
			 treatment facilities
Except as otherwise provided in § 264.1, owners and
				operators of facilities that use land treatment to dispose of hazardous waste
				must provide the following additional information:
(a) A description of plans to conduct a
			 treatment demonstration as required under § 264.272. The description must
			 include the following information;
(1) The
			 wastes for which the demonstration will be made and the potential hazardous
			 constituents in the waste;
(2) The
			 data sources to be used to make the demonstration (e.g., literature, laboratory
			 data, field data, or operating data);
(3) Any specific laboratory or field test
			 that will be conducted, including:
(i) The
			 type of test (e.g., column leaching, degradation);
(ii) Materials and methods, including
			 analytical procedures;
(iii)
			 Expected time for completion;
(iv)
			 Characteristics of the unit that will be simulated in the demonstration,
			 including treatment zone characteristics, climatic conditions, and operating
			 practices.
(b) A description of a land treatment
			 program, as required under § 264.271. This information must be submitted
			 with the plans for the treatment demonstration, and updated following the
			 treatment demonstration. The land treatment program must address the following
			 items:
(1) The wastes to be land
			 treated;
(2) Design measures and
			 operating practices necessary to maximize treatment in accordance with §
			 264.273(a) including:
(i) Waste application
			 method and rate;
(ii) Measures to
			 control soil pH;
(iii) Enhancement
			 of microbial or chemical reactions;
(iv) Control of moisture content;
(3) Provisions for unsaturated
			 zone monitoring, including:
(i) Sampling
			 equipment, procedures, and frequency;
(ii) Procedures for selecting sampling
			 locations;
(iii) Analytical
			 procedures;
(iv) Chain of custody
			 control;
(v) Procedures for
			 establishing background values;
(vi) Statistical methods for interpreting
			 results;
(vii) The justification
			 for any hazardous constituents recommended for selection as principal hazardous
			 constituents, in accordance with the criteria for such selection in §
			 264.278(a);
(4) A list
			 of hazardous constituents reasonably expected to be in, or derived from, the
			 wastes to be land treated based on waste analysis performed pursuant to §
			 264.13;
(5) The proposed dimensions
			 of the treatment zone;
(c) A description of how the unit is or will
			 be designed, constructed, operated, and maintained in order to meet the
			 requirements of § 264.273. This submission must address the following
			 items:
(1) Control of run-on;
(2) Collection and control of
			 run-off;
(3) Minimization of
			 run-off of hazardous constituents from the treatment zone;
(4) Management of collection and holding
			 facilities associated with run-on and run-off control systems;
(5) Periodic inspection of the unit. This
			 information should be included in the inspection plan submitted under §
			 270.14(b)(5);
(6) Control of wind
			 dispersal of particulate matter, if applicable;
(d) If food-chain crops are to be grown in or
			 on the treatment zone of the land treatment unit, a description of how the
			 demonstration required under § 264.276(a) will be conducted including:
(1) Characteristics of the food-chain crop
			 for which the demonstration will be made.
(2) Characteristics of the waste, treatment
			 zone, and waste application method and rate to be used in the
			 demonstration;
(3) Procedures for
			 crop growth, sample collection, sample analysis, and data evaluation;
(4) Characteristics of the comparison crop
			 including the location and conditions under which it was or will be
			 grown;
(e) If food-chain
			 crops are to be grown, and cadmium is present in the land-treated waste, a
			 description of how the requirements of § 264.276(b) will be complied
			 with;
(f) A description of the
			 vegetative cover to be applied to closed portions of the facility, and a plan
			 for maintaining such cover during the post-closure care period, as required
			 under § 264.280(a)(8) and § 264.280(c)(2). This information should be
			 included in the closure plan and, where applicable, the post-closure care plan
			 submitted under § 270.14(b)(13);
(g) If ignitable or reactive wastes will be
			 placed in or on the treatment zone, an explanation of how the requirements of
			 § 264.281 will be complied with;
(h) If incompatible wastes, or incompatible
			 wastes and materials, will be placed in or on the same treatment zone, an
			 explanation of how § 264.282 will be complied with.
(i) A waste management plan for EPA Hazardous
			 Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how a land
			 treatment facility is or will be designed, constructed, operated, and
			 maintained to meet the requirements of § 264.283. This submission must
			 address the following items as specified in § 264.283:
(1) The volume, physical, and chemical
			 characteristics of the wastes, including their potential to migrate through
			 soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
			 and surrounding soils or other materials;
(3) The mobilizing properties of other
			 materials co-disposed with these wastes; and
(4) The effectiveness of additional
			 treatment, design, or monitoring techniques.
§ 270.21
Specific Part B
			 information requirements for landfills
Except as otherwise provided in § 264.1, owners and
				operators of facilities that dispose of hazardous waste in landfills must
				provide the following additional information:
(a) A list of the hazardous wastes placed or
			 to be placed in each landfill or landfill cell;
(b) Detailed plans and an engineering report
			 describing how the landfill is designed and is or will be constructed,
			 operated, and maintained to meet the requirements of §§ 264.19,
			 264.301, 264.302, and 264.303 of this rule, addressing the following items:
(1)
(i) The
			 liner system (except for an existing portion of a landfill), if the landfill
			 must meet the requirements of § 264.301(a) of this rule. If an exemption
			 from the requirement for a liner is sought as provided by § 264.301(b) of
			 this rule, submit detailed plans, and engineering and hydrogeological reports,
			 as appropriate, describing alternate designs and operating practices that will,
			 in conjunction with location aspects, prevent the migration of any hazardous
			 constituents into the ground water or surface water at any future
			 time;
(ii) The double liner and
			 leak (leachate) detection, collection, and removal system, if the landfill must
			 meet the requirements of § 264.301(c) of this rule. If an exemption from
			 the requirements for double liners and a leak detection, collection, and
			 removal system or alternative design is sought as provided by §
			 264.301(d), (e), or (f) of this rule, submit appropriate information;
(iii) If the leak detection system is located
			 in a saturated zone, submit detailed plans and an engineering report explaining
			 the leak detection system design and operation, and the location of the
			 saturated zone in relation to the leak detection system;
(iv) The construction quality assurance (CQA)
			 plan if required under § 264.19 of this rule;
(v) Proposed action leakage rate, with
			 rationale, if required under § 264.302 of this rule, and response action
			 plan, if required under § 264.303 of this rule;
(2) Control of run-on;
(3) Control of run-off;
(4) Management of collection and holding
			 facilities associated with run-on and run-off control systems; and
(5) Control of wind dispersal of particulate
			 matter, where applicable;
(c) A description of how each landfill,
			 including the double liner system, leachate collection and removal system, leak
			 detection system, cover system, and appurtenances for control of run-on and
			 run-off, will be inspected in order to meet the requirements of §
			 264.303(a), (b), and (c) of this rule. This information must be included in the
			 inspection plan submitted under § 270.14(b)(5);
(d) A description of how each landfill,
			 including the liner and cover systems, will be inspected in order to meet the
			 requirements of § 264.303 (a) and (b). This information should be included
			 in the inspection plan submitted under § 270.14(b)(5).
(e) Detailed plans and an engineering report
			 describing the final cover which will be applied to each landfill or landfill
			 cell at closure in accordance with § 264.310(a), and a description of how
			 each landfill will be maintained and monitored after closure in accordance with
			 § 264.310(b). This information should be included in the closure and
			 post-closure plans submitted under § 270.14(b)(13).
(f) If ignitable or reactive wastes will be
			 landfilled, an explanation of how the standards of § 264.312 will be
			 complied with;
(g) If incompatible
			 wastes, or incompatible wastes and materials will be landfilled, an explanation
			 of how § 264.313 will be complied with;
(h) If bulk or non-containerized liquid waste
			 or wastes containing free liquids is to be landfilled prior to May 8, 1985, an
			 explanation of how the requirements of § 264.314(a) will be complied
			 with;
(i) If containers of
			 hazardous waste are to be landfilled, an explanation of how the requirements of
			 § 264.315 or § 264.316, as applicable, will be complied
			 with.
(j) A waste management plan
			 for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing
			 how a landfill is or will be designed, constructed, operated, and maintained o
			 meet the requirements of § 264.317. This submission must address the
			 following items as specified in § 264.317:
(1) The volume, physical, and chemical
			 characteristics of the wastes, including their potential to migrate through
			 soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
			 and surrounding soils or other materials;
(3) The mobilizing properties of other
			 materials co-disposed with these wastes; and
(4) The effectiveness of additional
			 treatment, design, or monitoring techniques.
§ 270.22
Specific Part B
			 information requirements for boilers and industrial furnaces burning hazardous
			 waste
When an owner or operator of a cement kiln, or lightweight
				aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
				production furnace becomes subject to RCRA permit requirements after October
				12, 2005, or when an owner or operator of an existing cement kiln, lightweight
				aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
				production furnace demonstrates compliance with the air emission standards and
				limitations in 40 CFR Part 63, subpart EEE, (i.e., by conducting a
				comprehensive performance test and submitting a Notification of Compliance
				under 40 CFR Part 63.1207(j) and 63.121(d) documenting compliance with all
				applicable requirements of part 63, subpart EEE, ), the requirements of this
				section do not apply. The requirements of this section do apply, however, if
				the Director determines certain provisions are necessary to ensure compliance
				with §§ 266.102(e)(1) and 266.102(e)(2)(iii) of this Rule if you
				elect to comply with § 270.235(a)(1)(i) to minimize emissions of toxic
				compounds from startup, shutdown, and malfunction events; or if you are an area
				source and elect to comply with the §§ 266.105, 266.106, and 266.107
				standards and associated requirements for particulate matter, hydrogen chloride
				and chlorine gas, and non-mercury metals; or the Director determines certain
				provisions apply, on a case-by-case basis, for purposes of information
				collection in accordance with §§ 270.10(k), 270.10(n), 270.32(b)(2),
				and 270.32(b)(3).
(a) Trial burns -
(1) General. Except as provided below, owners
			 and operators that are subject to the standards to control organic emissions
			 provided by § 266.104 of this rule, standards to control particulate
			 matter provided by § 266.105 of this rule, standards to control metals
			 emissions provided by § 266.106 of this rule, or standards to control
			 hydrogen chloride or chlorine gas emissions provided by § 266.107 of this
			 rule must conduct a trial burn to demonstrate conformance with those standards
			 and must submit a trial burn plan or the results of a trial burn, including all
			 required determinations, in accordance with § 270.66.
(i) A trial burn to demonstrate conformance
			 with a particular emission standard may be waived under provisions of
			 §§ 266.104 through 266.107 of this rule and paragraphs (a)(2) through
			 (a)(5) of this section; and
(ii)
			 The owner or operator may submit data in lieu of a trial burn, as prescribed in
			 paragraph (a)(6) of this section.
(2) Waiver of trial burn for DRE-
(i) Boilers operated under special operating
			 requirements. When seeking to be permitted under §§ 266.104(a)(4) and
			 266.110 of this rule that automatically waive the DRE trial burn, the owner or
			 operator of a boiler must submit documentation that the boiler operates under
			 the special operating requirements provided by § 266.110 of this
			 rule.
(ii) Boilers and industrial
			 furnaces burning low risk waste. When seeking to be permitted under the
			 provisions for low risk waste provided by §§ 266.104(a)(5) and
			 266.109(a) of this rule that waive the DRE trial burn, the owner or operator
			 must submit:
(A) Documentation that the
			 device is operated in conformance with the requirements of § 266.109(a)(1)
			 of this rule.
(B) Results of
			 analyses of each waste to be burned, documenting the concentrations of nonmetal
			 compounds listed in appendix VIII of Section 261 of this rule, except for those
			 constituents that would reasonably not be expected to be in the waste. The
			 constituents excluded from analysis must be identified and the basis for their
			 exclusion explained. The analysis must rely on analytical techniques specified
			 in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods
			 (incorporated by reference, see § 260.11).
(C) Documentation of hazardous waste firing
			 rates and calculations of reasonable, worst-case emission rates of each
			 constituent identified in paragraph (a)(2)(ii)(B) of this section using
			 procedures provided by § 266.109(a)(2)(ii) of this rule.
(D) Results of emissions dispersion modeling
			 for emissions identified in paragraphs (a)(2)(ii)(C) of this section using
			 modeling procedures prescribed by § 266.106(h) of this rule. The Director
			 will review the emission modeling conducted by the applicant to determine
			 conformance with these procedures. The Director will either approve the
			 modeling or determine that alternate or supplementary modeling is
			 appropriate.
(E) Documentation that
			 the maximum annual average ground level concentration of each constituent
			 identified in paragraph (a)(2)(ii)(B) of this section quantified in conformance
			 with paragraph (a)(2)(ii)(D) of this section does not exceed the allowable
			 ambient level established in appendices IV or V of Section 266. The acceptable
			 ambient concentration for emitted constituents for which a specific Reference
			 Air Concentration has not been established in appendix IV or Risk-Specific Dose
			 has not been established in appendix V is 0.1 micrograms per cubic meter, as
			 noted in the footnote to appendix IV.
(3) Waiver of trial burn for metals. When
			 seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate
			 screening limits provided by § 266.106 (b) and (e) of this rule that
			 control metals emissions without requiring a trial burn, the owner or operator
			 must submit:
(i) Documentation of the feed
			 rate of hazardous waste, other fuels, and industrial furnace feed
			 stocks;
(ii) Documentation of the
			 concentration of each metal controlled by § 266.106 (b) or (e) of this
			 rule in the hazardous waste, other fuels, and industrial furnace feedstocks,
			 and calculations of the total feed rate of each metal;
(iii) Documentation of how the applicant will
			 ensure that the Tier I feed rate screening limits provided by § 266.106
			 (b) or (e) of this rule will not be exceeded during the averaging period
			 provided by that paragraph;
(iv)
			 Documentation to support the determination of the terrain-adjusted effective
			 stack height, good engineering practice stack height, terrain type, and land
			 use as provided by § 266.106 (b)(3) through (b)(5) of this rule;
(v) Documentation of compliance with the
			 provisions of § 266.106(b)(6), if applicable, for facilities with multiple
			 stacks;
(vi) Documentation that the
			 facility does not fail the criteria provided by § 266.106(b)(7) for
			 eligibility to comply with the screening limits; and
(vii) Proposed sampling and metals analysis
			 plan for the hazardous waste, other fuels, and industrial furnace feed
			 stocks.
(4) Waiver of
			 trial burn for particulate matter. When seeking to be permitted under the low
			 risk waste provisions of § 266.109(b) which waives the particulate
			 standard (and trial burn to demonstrate conformance with the particulate
			 standard), applicants must submit documentation supporting conformance with
			 paragraphs (a)(2)(ii) and (a)(3) of this section.
(5) Waiver of trial burn for HCl and
			 Cl2 . When seeking to be permitted under the Tier I (or
			 adjusted Tier I) feed rate screening limits for total chloride and chlorine
			 provided by § 266.107 (b)(1) and (e) of this rule that control emissions
			 of hydrogen chloride (HCl) and chlorine gas (Cl2)
			 without requiring a trial burn, the owner or operator must submit:
(i) Documentation of the feed rate of
			 hazardous waste, other fuels, and industrial furnace feed stocks;
(ii) Documentation of the levels of total
			 chloride and chlorine in the hazardous waste, other fuels, and industrial
			 furnace feedstocks, and calculations of the total feed rate of total chloride
			 and chlorine;
(iii) Documentation
			 of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate
			 screening limits provided by § 266.107 (b)(1) or (e) of this rule will not
			 be exceeded during the averaging period provided by that paragraph;
(iv) Documentation to support the
			 determination of the terrain-adjusted effective stack height, good engineering
			 practice stack height, terrain type, and land use as provided by §
			 266.107(b)(3) of this rule;
(v)
			 Documentation of compliance with the provisions of § 266.107(b)(4), if
			 applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not
			 fail the criteria provided by § 266.107(b)(3) for eligibility to comply
			 with the screening limits; and
(vii) Proposed sampling and analysis plan for
			 total chloride and chlorine for the hazardous waste, other fuels, and
			 industrial furnace feedstocks.
(6) Data in lieu of trial burn. The owner or
			 operator may seek an exemption from the trial burn requirements to demonstrate
			 conformance with §§ 266.104 through 266.107 of this rule and §
			 270.66 by providing the information required by § 270.66 from previous
			 compliance testing of the device in conformance with § 266.103 of this
			 rule, or from compliance testing or trial or operational burns of similar
			 boilers or industrial furnaces burning similar hazardous wastes under similar
			 conditions. If data from a similar device is used to support a trial burn
			 waiver, the design and operating information required by § 270.66 must be
			 provided for both the similar device and the device to which the data is to be
			 applied, and a comparison of the design and operating information must be
			 provided. The Director shall approve a permit application without a trial burn
			 if he finds that the hazardous wastes are sufficiently similar, the devices are
			 sufficiently similar, the operating conditions are sufficiently similar, and
			 the data from other compliance tests, trial burns, or operational burns are
			 adequate to specify (under § 266.102 of this rule) operating conditions
			 that will ensure conformance with § 266.102(c) of this rule. In addition,
			 the following information shall be submitted:
(i) For a waiver from any trial burn:
(A) A description and analysis of the
			 hazardous waste to be burned compared with the hazardous waste for which data
			 from compliance testing, or operational or trial burns are provided to support
			 the contention that a trial burn is not needed;
(B) The design and operating conditions of
			 the boiler or industrial furnace to be used, compared with that for which
			 comparative burn data are available; and
(C) Such supplemental information as the
			 Director finds necessary to achieve the purposes of this paragraph.
(ii) For a waiver of the DRE trial
			 burn, the basis for selection of POHCs used in the other trial or operational
			 burns which demonstrate compliance with the DRE performance standard in §
			 266.104(a) of this rule. This analysis should specify the constituents in
			 appendix VIII, Section 261 of this rule, that the applicant has identified in
			 the hazardous waste for which a permit is sought, and any differences from the
			 POHCs in the hazardous waste for which burn data are
			 provided.
(b)
			 Alternative HC limit for industrial furnaces with organic matter in raw
			 materials. Owners and operators of industrial furnaces requesting an
			 alternative HC limit under § 266.104(f) of this rule shall submit the
			 following information at a minimum:
(1)
			 Documentation that the furnace is designed and operated to minimize HC
			 emissions from fuels and raw materials;
(2) Documentation of the proposed baseline
			 flue gas HC (and CO) concentration, including data on HC (and CO) levels during
			 tests when the facility produced normal products under normal operating
			 conditions from normal raw materials while burning normal fuels and when not
			 burning hazardous waste;
(3) Test
			 burn protocol to confirm the baseline HC (and CO) level including information
			 on the type and flow rate of all feedstreams, point of introduction of all
			 feedstreams, total organic carbon content (or other appropriate measure of
			 organic content) of all nonfuel feedstreams, and operating conditions that
			 affect combustion of fuel(s) and destruction of hydrocarbon emissions from
			 nonfuel sources;
(4) Trial burn
			 plan to:
(i) Demonstrate that flue gas HC
			 (and CO) concentrations when burning hazardous waste do not exceed the baseline
			 HC (and CO) level; and
(ii)
			 Identify the types and concentrations of organic compounds listed in appendix
			 VIII, Section 261 of this rule, that are emitted when burning hazardous waste
			 in conformance with procedures prescribed by the Director;
(5) Implementation plan to monitor over time
			 changes in the operation of the facility that could reduce the baseline HC
			 level and procedures to periodically confirm the baseline HC level;
			 and
(6) Such other information as
			 the Director finds necessary to achieve the purposes of this
			 paragraph.
(c)
			 Alternative metals implementation approach. When seeking to be permitted under
			 an alternative metals implementation approach under § 266.106(f) of this
			 rule, the owner or operator must submit documentation specifying how the
			 approach ensures compliance with the metals emissions standards of §
			 266.106(c) or (d) and how the approach can be effectively implemented and
			 monitored. Further, the owner or operator shall provide such other information
			 that the Director finds necessary to achieve the purposes of this
			 paragraph.
(d) Automatic waste feed
			 cutoff system. Owners and operators shall submit information describing the
			 automatic waste feed cutoff system, including any pre-alarm systems that may be
			 used.
(e) Direct transfer. Owners
			 and operators that use direct transfer operations to feed hazardous waste from
			 transport vehicles (containers, as defined in § 266.111 of this rule)
			 directly to the boiler or industrial furnace shall submit information
			 supporting conformance with the standards for direct transfer provided by
			 § 266.111 of this rule.
(f)
			 Residues. Owners and operators that claim that their residues are excluded from
			 rule under the provisions of § 266.112 of this rule must submit
			 information adequate to demonstrate conformance with those
			 provisions.
§
			 270.23
Specific Part B information requirements for
			 miscellaneous units
Except as otherwise provided in § 264.600, owners and
				operators of facilities that treat, store, or dispose of hazardous waste in
				miscellaneous units must provide the following additional information:
(a) A detailed description of the unit being
			 used or proposed for use, including the following:
(1) Physical characteristics, materials of
			 construction, and dimensions of the unit;
(2) Detailed plans and engineering reports
			 describing how the unit will be located, designed, constructed, operated,
			 maintained, monitored, inspected, and closed to comply with the requirements of
			 §§ 264.601 and 264.602; and
(3) For disposal units, a detailed
			 description of the plans to comply with the post-closure requirements of §
			 264.603.
(b) Detailed
			 hydrologic, geologic, and meteorologic assessments and land-use maps for the
			 region surrounding the site that address and ensure compliance of the unit with
			 each factor in the environmental performance standards of § 264.601. If
			 the applicant can demonstrate that he does not violate the environmental
			 performance standards of § 264.601 and the Director agrees with such
			 demonstration, preliminary hydrologic, geologic, and meteorologic assessments
			 will suffice.
(c) Information on
			 the potential pathways of exposure of humans or environmental receptors to
			 hazardous waste or hazardous constituents and on the potential magnitude and
			 nature of such exposures.
(d) For
			 any treatment unit, a report on a demonstration of the effectiveness of the
			 treatment based on laboratory or field data.
(e) Any additional information determined by
			 the Director to be necessary for evaluation of compliance of the unit with the
			 environmental performance standards of § 264.601.
§ 270.24
Specific Part B
			 information requirements for process vents
Except as otherwise provided in § 264.1, owners and
				operators of facilities that have process vents to which Subsection AA of
				Section 264 applies must provide the following additional information:
(a) For facilities that cannot install a
			 closed-vent system and control device to comply with the provisions of Section
			 264 Subsection AA on the effective date that the facility becomes subject to
			 the provisions of Sections 264 or 265 Subsection AA, an implementation schedule
			 as specified in § 264.1033(a)(2).
(b) Documentation of compliance with the
			 process vent standards in § 264.1032, including:
(1) Information and data identifying all
			 affected process vents, annual throughput and operating hours of each affected
			 unit, estimated emission rates for each affected vent and for the overall
			 facility (i.e., the total emissions for all affected vents at the facility),
			 and the approximate location within the facility of each affected unit (e.g.,
			 identify the hazardous waste management units on a facility plot
			 plan).
(2) Information and data
			 supporting estimates of vent emissions and emission reduction achieved by
			 add-on control devices based on engineering calculations or source tests. For
			 the purpose of determining compliance, estimates of vent emissions and emission
			 reductions must be made using operating parameter values (e.g., temperatures,
			 flow rates, or concentrations) that represent the conditions that exist when
			 the waste management unit is operating at the highest load or capacity level
			 reasonably expected to occur.
(3)
			 Information and data used to determine whether or not a process vent is subject
			 to the requirements of § 264.1032.
(c) Where an owner or operator applies for
			 permission to use a control device other than a thermal vapor incinerator,
			 catalytic vapor incinerator, flare, boiler, process heater, condenser, or
			 carbon adsorption system to comply with the requirements of § 264.1032,
			 and chooses to use test data to determine the organic removal efficiency or the
			 total organic compound concentration achieved by the control device, a
			 performance test plan as specified in § 264.1035(b)(3).
(d) Documentation of compliance with §
			 264.1033, including:
(1) A list of all
			 information references and sources used in preparing the
			 documentation.
(2) Records,
			 including the dates, of each compliance test required by §
			 264.1033(k).
(3) A design analysis,
			 specifications, drawings, schematics, and piping and instrumentation diagrams
			 based on the appropriate sections of "APTI Course 415: Control of Gaseous
			 Emissions" (incorporated by reference as specified in § 270.6) or other
			 engineering texts acceptable to the Director that present basic control device
			 design information. The design analysis shall address the vent stream
			 characteristics and control device operation parameters as specified in §
			 264.1035(b)(4)(iii).
(4) A
			 statement signed and dated by the owner or operator certifying that the
			 operating parameters used in the design analysis reasonably represent the
			 conditions that exist when the hazardous waste management unit is or would be
			 operating at the highest load or capacity level reasonably expected to
			 occur.
(5) A statement signed and
			 dated by the owner or operator certifying that the control device is designed
			 to operate at an efficiency of 95 weight percent or greater unless the total
			 organic emission limits of § 264.1032(a) for affected process vents at the
			 facility can be attained by a control device involving vapor recovery at an
			 efficiency less than 95 weight percent.
§ 270.25
Specific Part B
			 information requirements for equipment
Except as otherwise provided in § 264.1, owners and
				operators of facilities that have equipment to which Subsection BB of Section
				264 applies must provide the following additional information:
(a) For each piece of equipment to which
			 Subsection BB of Section 264 applies:
(1)
			 Equipment identification number and hazardous waste management unit
			 identification.
(2) Approximate
			 locations within the facility (e.g., identify the hazardous waste management
			 unit on a facility plot plan).
(3)
			 Type of equipment (e.g., a pump or pipeline valve).
(4) Percent by weight total organics in the
			 hazardous waste stream at the equipment.
(5) Hazardous waste state at the equipment
			 (e.g., gas/vapor or liquid).
(6)
			 Method of compliance with the standard (e.g., "monthly leak detection and
			 repair" or "equipped with dual mechanical seals").
(b) For facilities that cannot install a
			 closed-vent system and control device to comply with the provisions of Section
			 264, Subsection BB on the effective date that the facility becomes subject to
			 the provisions of Section 264 or 265 Subsection BB, an implementation schedule
			 as specified in § 264.1033(a)(2).
(c) Where an owner or operator applies for
			 permission to use a control device other than a thermal vapor incinerator,
			 catalytic vapor incinerator, flare, boiler, process heater, condenser, or
			 carbon adsorption system and chooses to use test data to determine the organic
			 removal efficiency or the total organic compound concentration achieved by the
			 control device, a performance test plan as specified in §
			 264.1035(b)(3).
(d) Documentation
			 that demonstrates compliance with the equipment standards in §§
			 264.1052 to 264.1059. This documentation shall contain the records required
			 under § 264.1064. The Director may request further documentation before
			 deciding if compliance has been demonstrated.
(e) Documentation to demonstrate compliance
			 with § 264.1060 shall include the following information:
(1) A list of all information references and
			 sources used in preparing the documentation.
(2) Records, including the dates, of each
			 compliance test required by § 264.1033(j).
(3) A design analysis, specifications,
			 drawings, schematics, and piping and instrumentation diagrams based on the
			 appropriate sections of "ATPI Course 415: Control of Gaseous Emissions"
			 (incorporated by reference as specified in § 270.6) or other engineering
			 texts acceptable to the Director that present basic control device design
			 information. The design analysis shall address the vent stream characteristics
			 and control device operation parameters as specified in §
			 264.1035(b)(4)(iii).
(4) A
			 statement signed and dated by the owner or operator certifying that the
			 operating parameters used in the design analysis reasonably represent the
			 conditions that exist when the hazardous waste management unit is operating at
			 the highest load or capacity level reasonably expected to occur.
(5) A statement signed and dated by the owner
			 or operator certifying that the control device is designed to operate at an
			 efficiency of 95 weight percent or greater.
§ 270.26
Special Part B
			 information requirements for drip pads
Except as otherwise provided by § 264.1 of this rule,
				owners and operators of hazardous waste treatment, storage, or disposal
				facilities that collect, store, or treat hazardous waste on drip pads must
				provide the following additional information:
(a) A list of hazardous wastes placed r to be
			 placed on each drip pad.
(b) If an
			 exemption is sought to Subsection F of Section 264 of this rule, as provided by
			 § 264.90 of this rule, detailed plans and an engineering report describing
			 how the requirements of § 264.90(b)(2) of this rule will be met.
(c) Detailed plans and an engineering report
			 describing how the drip pad is or will be designed, constructed, operated and
			 maintained to meet the requirements of § 264.573 of this rule, including
			 the as-built drawings and specifications. This submission must address the
			 following items as specified in § 264.571 of this rule:
(1) The design characteristics of the drip
			 pad;
(2) The liner
			 system;
(3) The leakage detection
			 system, including the leak detection system and how it is designed to detect
			 the failure of the drip pad or the presence of any releases of hazardous waste
			 or accumulated liquid at the earliest practicable time;
(4) Practices designed to maintain drip
			 pads;
(5) The associated collection
			 system;
(6) Control of run-on to
			 the drip pad;
(7) Control of
			 run-off from the drip pad;
(8) The
			 interval at which drippage and other materials will be removed from the
			 associated collection system and a statement demonstrating that the interval
			 will be sufficient to prevent overflow onto the drip pad;
(9) Procedures for cleaning the drip pad at
			 least once every seven days to ensure the removal of any accumulated residues
			 of waste or other materials, including but not limited to rinsing, washing with
			 detergents or other appropriate solvents, or steam cleaning and provisions for
			 documenting the date, time, and cleaning procedure used each time the pad is
			 cleaned.
(10) Operating practices
			 and procedures that will be followed to ensure that tracking of hazardous waste
			 or waste constituents off the drip pad due to activities by personnel or
			 equipment is minimized;
(11)
			 Procedures for ensuring that, after removal from the treatment vessel, treated
			 wood from pressure and non-pressure processes is held on the drip pad until
			 drippage has ceased, including recordkeeping practices;
(12) Provisions for ensuring that collection
			 and holding units associated with the run-on and run-off control systems are
			 emptied or otherwise managed as soon as possible after storms to maintain
			 design capacity of the system;
(13)
			 If treatment is carried out on the drip pad, details of the process equipment
			 used, and the nature and quality of the residuals.
(14) A description of how each drip pad,
			 including appurtenances for control of run-on and run-off, will be inspected in
			 order to meet the requirements of § 264.573 of this rule. This information
			 should be included in the inspection plan submitted under § 270.14(b)(5)
			 of this Section.
(15) A
			 certification signed by
an independent qualified, Arkansas-registered
			 professional engineer,
stating that the drip pad design meets the
			 requirements of paragraphs (a) through (f) of § 264.573 of this
			 rule.
(16) A description of how
			 hazardous waste residues and contaminated materials will be removed from the
			 drip pad at closure, as required under § 264.575(a) of this rule. For any
			 waste not to be removed from the drip pad upon closure, the owner or operator
			 must submit detailed plans and an engineering report describing how §
			 264.310 (a) and (b) of this rule will be complied with. This information should
			 be included in the closure plan and, where applicable, the post-closure plan
			 submitted under § 270.14(b)(13).
§ 270.27
Specific Part B
			 information requirements for air emission controls for tanks, surface
			 impoundments, and containers.
(a)
			 Except as otherwise provided in § 264.1, owners and operators of tanks,
			 surface impoundments, or containers that use air emission controls in
			 accordance with the requirements of § 264, subsection CC shall provide the
			 following additional information:
(1)
			 Documentation for each floating roof cover installed on a tank subject to
			 § 264.1084(d)(1) or § 264.1084(d)(2) that includes information
			 prepared by the owner or operator or provided by the cover manufacturer or
			 vendor describing the cover design, and certification by the owner or operator
			 that the cover meets the applicable design specifications as listed in §
			 264.1084(e)(1) or § 264.1084(f)(1).
(2) Identification of each container area
			 subject to the requirements of § 264, subsection CC and certification by
			 the owner or operator that the requirements of this subsection are
			 met.
(3) Documentation for each
			 enclosure used to control air pollutant emissions from tanks or containers in
			 accordance with the requirements of § 264.1084(d)(5) or §
			 264.1086(e)(1)(ii) that includes records for the most recent set of
			 calculations and measurements performed by the owner or operator to verify that
			 the enclosure meets the criteria of a permanent total enclosure as specified in
			 "Procedure T - Criteria for and Verification of a Permanent or Temporary Total
			 Enclosure" under
			 40
			 CFR 52.741, Appendix B.
(4) Documentation for each floating membrane
			 cover installed on a surface impoundment in accordance with the requirements of
			 § 264.1085(c) that includes information prepared by the owner or operator
			 or provided by the cover manufacturer or vendor describing the cover design,
			 and certification by the owner or operator that the cover meets the
			 specifications listed in § 264.1085(c)(1).
(5) Documentation for each closed-vent system
			 and control device installed in accordance with the requirements of §
			 264.1087 that includes design and performance information as specified in
			 § 270.24(c) and (d) of this section.
(6) An emission monitoring plan for both
			 Method 21 in 40 CFR part 60, appendix A and control device monitoring methods.
			 This plan shall include the following information: Monitoring point(s),
			 monitoring methods for control devices, monitoring frequency, procedures for
			 documenting exceedances, and procedures for mitigating
			 noncompliances.
(7) When an owner
			 or operator of a facility subject to Rule No. 23, § 265, subsection CC
			 cannot comply with § 264, subsection CC by the date of permit issuance,
			 the schedule of implementation required under § 265.1082.
§ 270.28
Part B information requirements for post-closure permits
For post-closure permits, the owner or operator is required to
				submit only the information specified in §§270.14(b)(1), (4), (5),
				(6), (11), (13), (14), (16), (18) and (19), (c), and (d), unless the Director
				determines that additional information from §§ 270.14, 270.16,
				270.17, 270.18, 270.20, or 270.21 is necessary. The owner or operator is
				required to submit the same information when an alternative authority is used
				in lieu of a post-closure permit as provided in § 270.1(c)(7).
§ 270.29
Permit
			 Denial
The Director may, pursuant to the procedures in 40 CFR 124 (as
				incorporated by reference at § 3(b) of this Rule) and APC&EC Rule No.
				8, deny the permit application either in its entirety or as to the active life
				of a hazardous waste management facility or unit only.
Subsection C
-
			 Permit Conditions
§ 270.30
Conditions applicable to all permits
The following conditions apply to all HWM permits, and shall be
				incorporated into the permits either expressly or by reference. If incorporated
				by reference, a specific citation to these rules must be given in the
				permit.
(a) Duty to comply. The
			 permittee must comply with all conditions of this permit, except that the
			 permittee need not comply with the conditions of this permit to the extent and
			 for the duration such noncompliance is authorized in an emergency permit. (See
			 § 270.61). Any permit noncompliance, except under the terms of an
			 emergency permit, constitutes a violation of the appropriate Act and is grounds
			 for enforcement action; for permit termination, revocation and reissuance, or
			 modification; or for denial of a permit renewal application.
(b) Duty to reapply. If the permittee wishes
			 to continue an activity regulated by this permit after the expiration date of
			 this permit, the permittee must apply for and obtain a new permit.
(c) Need to halt or reduce activity not a
			 defense. It shall not be a defense for a permittee in an enforcement action
			 that it would have been necessary to halt or reduce the permitted activity in
			 order to maintain compliance with the conditions of this permit.
(d) In the event of noncompliance with the
			 permit, the permittee shall take all reasonable steps to minimize releases to
			 the environment, and shall carry out such measures as are reasonable to prevent
			 significant adverse impacts on human health or the environment.
(e) Proper operation and maintenance. The
			 permittee shall at all times properly operate and maintain all facilities and
			 systems of treatment and control (and related appurtenances) which are
			 installed or used by the permittee to achieve compliance with the conditions of
			 this permit. Proper operation and maintenance includes effective performance,
			 adequate funding, adequate operator staffing and training, and adequate
			 laboratory and process controls, including appropriate quality assurance
			 procedures. This provision requires the operation of back-up or auxiliary
			 facilities or similar systems only when necessary to achieve compliance with
			 the conditions of the permit.
(f)
			 Permit actions. This permit may be modified, revoked and reissued, or
			 terminated for cause. The filing of a request by the permittee for a permit
			 modification, revocation and reissuance, or termination, or a notification of
			 planned changes or anticipated noncompliance, does not stay any permit
			 condition.
(g) Property rights. The
			 permit does not convey any property rights of any sort, or any exclusive
			 privilege.
(h) Duty to provide
			 information. The permittee shall furnish to the Director, within a reasonable
			 time, any relevant information which the Director may request to determine
			 whether cause exists for modifying, revoking and reissuing, or terminating this
			 permit, or to determine compliance with this permit. The permittee shall also
			 furnish to the Director, upon request, copies of records required to be kept by
			 this permit.
(i) Inspection and
			 entry. The permittee shall allow the Director, or an authorized representative,
			 upon the presentation of credentials and other documents as may be required by
			 law to:
(1) Enter at reasonable times upon
			 the permittee's premises where a regulated facility or activity is located or
			 conducted, or where records must be kept under the conditions of this
			 permit;
(2) Have access to and
			 copy, at reasonable times, any records that must be kept under the conditions
			 of this permit;
(3) Inspect at
			 reasonable times any facilities, equipment (including monitoring and control
			 equipment), practices, or operations regulated or required under this permit;
			 and
(4) Sample or monitor at
			 reasonable times, for the purposes of assuring permit compliance or as
			 otherwise authorized by RCRA, any substances or parameters at any
			 location.
(j) Monitoring
			 and records.
(1) Samples and measurements
			 taken for the purpose of monitoring shall be representative of the monitored
			 activity.
(2) The permittee shall
			 retain records of all monitoring information, including all calibration and
			 maintenance records and all original strip chart recordings for continuous
			 monitoring instrumentation, copies of all reports required by this permit, the
			 certification required by § 264.73(b)(9) of this rule, and records of all
			 data used to complete the application for this permit, for a period of at least
			 3 years from the date of the sample, measurement, report, certification, or
			 application. This period may be extended by request of the Director at any
			 time. The permittee shall maintain records from all ground-water monitoring
			 wells and associated ground-water surface elevations, for the active life of
			 the facility, and for disposal facilities for the post-closure care period as
			 well.
(3) Records for monitoring
			 information shall include:
(i) The date, exact
			 place, and time of sampling or measurements;
(ii) The individual(s) who performed the
			 sampling or measurements;
(iii)
			 The date(s) analyses were performed;
(iv) The individual(s) who performed the
			 analyses;
(v) The analytical
			 techniques or methods used; and
(vi) The results of such analyses.
(k) Signatory
			 requirements. All applications, reports, or information submitted to the
			 Director shall be signed and certified (See § 270.11.)
(l) Reporting requirements.
(1) Planned changes. The permittee shall give
			 notice to the Director as soon as possible of any planned physical alterations
			 or additions to the permitted facility.
(2) Anticipated noncompliance. The permittee
			 shall give advance notice to the Director of any planned changes in the
			 permitted facility or activity which may result in noncompliance with permit
			 requirements. For a new facility, the permittee may not treat, store, or
			 dispose of hazardous waste; and for a facility being modified, the permittee
			 may not treat, store, or dispose of hazardous waste in the modified portion of
			 the facility except as provided in § 270.42, until:
(i) The permittee has submitted to the
			 Director by certified mail or hand delivery a letter signed by the permittee
			 and a
Arkansas-registered professional engineer
stating that
			 the facility has been constructed or modified in compliance with the permit;
			 and
(ii)
(A) The Director has inspected the modified
			 or newly constructed facility and finds it is in compliance with the conditions
			 of the permit; or
(B) Within 15
			 days of the date of submission of the letter in paragraph (l)(2)(i) of this
			 section, the permittee has not received notice from the Director of his or her
			 intent to inspect, prior inspection is waived and the permittee may commence
			 treatment, storage, or disposal of hazardous waste.
(3) Transfers. This permit is not
			 transferable to any person except after notice to the Director. The Director
			 may require modification or revocation and reissuance of the permit to change
			 the name of the permittee and incorporate such other requirements as may be
			 necessary under RCRA. (See § 270.40)
(4) Monitoring reports. Monitoring results
			 shall be reported at the intervals specified elsewhere in this
			 permit.
(5) Compliance schedules.
			 Reports of compliance or noncompliance with, or any progress reports on,
			 interim and final requirements contained in any compliance schedule of this
			 permit shall be submitted no later than 14 days following each schedule
			 date.
(6) Twenty-four hour
			 reporting.
(i) The permittee shall report any
			 noncompliance which may endanger health or the environment orally within 24
			 hours from the time the permittee becomes aware of the circumstances,
			 including:
(A) Information concerning release
			 of any hazardous waste that may cause an endangerment to public drinking water
			 supplies.
(B) Any information of a
			 release or discharge of hazardous waste or of a fire or explosion from the HWM
			 facility, which could threaten the environment or human health outside the
			 facility.
(ii) The
			 description of the occurrence and its cause shall include:
(A) Name, address, and telephone number of
			 the owner or operator;
(B) Name,
			 address, and telephone number of the facility;
(C) Date, time, and type of
			 incident;
(D) Name and quantity of
			 material(s) involved;
(E) The
			 extent of injuries, if any;
(F) An
			 assessment of actual or potential hazards to the environment and human health
			 outside the facility, where this is applicable; and
(G) Estimated quantity and disposition of
			 recovered material that resulted from the incident.
(iii) A written submission shall also be
			 provided within 5 days of the time the permittee becomes aware of the
			 circumstances. The written submission shall contain a description of the
			 noncompliance and its cause; the period of noncompliance including exact dates
			 and times, and if the noncompliance has not been corrected, the anticipated
			 time it is expected to continue; and steps taken or planned to reduce,
			 eliminate, and prevent reoccurrence of the noncompliance. The Director may
			 waive the five day written notice requirement in favor of a written report
			 within fifteen days.
(7)
			 Manifest discrepancy report: If a significant discrepancy in a manifest is
			 discovered, the permittee must attempt to reconcile the discrepancy. If not
			 resolved within fifteen days, the permittee must submit a letter report,
			 including a copy of the manifest, to the Director. (See §
			 264.72.)
(8) Unmanifested waste
			 report: This report must be submitted to the Director within 15 days of receipt
			 of unmanifested waste. (See § 264.76)
(9)
Annual
report: An
annual
report must be submitted covering facility activities
			 during odd numbered calendar years. (See § 264.75.)
(10) Other noncompliance. The permittee shall
			 report all instances of noncompliance not reported under paragraphs (l)(4),
			 (5), and (6) of this section, at the time monitoring reports are submitted. The
			 reports shall contain the information listed in paragraph (l)(6) of this
			 section.
(11) Other information.
			 Where the permittee becomes aware that it failed to submit any relevant facts
			 in a permit application, or submitted incorrect information in a permit
			 application or in any report to the Director, it shall promptly submit such
			 facts or information.
(m) Information repository. The Director may
			 require the permittee to establish and maintain an information repository at
			 any time, based on the factors set forth in § 270.7(f). The information
			 repository will be governed by the provisions in
			 40 CFR 124.33(c) through
			 (f).
§ 270.31
Requirements for
			 recording and reporting of monitoring results
All permits shall specify:
(a) Requirements concerning the proper use,
			 maintenance, and installation, when appropriate, of monitoring equipment or
			 methods (including biological monitoring methods when appropriate);
(b) Required monitoring including type,
			 intervals, and frequency sufficient to yield data which are representative of
			 the monitored activity including, when appropriate, continuous
			 monitoring;
(c) Applicable
			 reporting requirements based upon the impact of the regulated activity and as
			 specified in Sections 264 and 266, and 40 CFR Parts 264, 266 and 267. Reporting
			 shall be no less frequent than specified in the above rules.
§ 270.32
Establishing
			 permit conditions
(a) In addition to
			 conditions required in all permits (§ 270.30), the Director shall
			 establish conditions, as required on a case-by-case basis, in permits under
			 §§ 270.50 (duration of permits), 270.33(a) (schedules of compliance),
			 270.31 (monitoring), and for EPA issued permits only, 270.33(b) (alternate
			 schedules of compliance) and 270.3 (considerations under Federal
			 law).
(b)
(1) Each HWM permit shall include permit
			 conditions necessary to achieve compliance with the Act and rules, including
			 each of the applicable requirements specified in Sections 264 and 266 through
			 268 of this rule. In satisfying this provision, the Director may incorporate
			 applicable requirements of Sections 264 and 266 through 268 of this rule
			 directly into the permit or establish other permit conditions that are based on
			 these parts.
(2) Each permit issued
			 under A.C.A. §§ 8-7-201
et seq.
shall contain terms
			 and conditions as the Director determines necessary to protect human health and
			 the environment.
(3) If, as the
			 result of an assessment(s) or other information, the Director determines that
			 conditions are necessary in addition to those required under 40 CFR Part 63,
			 subsection EEE, and Sections 264 or 266 of this Rule to ensure protection of
			 human health and the environment, he shall include those terms and conditions
			 in a RCRA permit for a hazardous waste combustion unit.
(c) For a State issued permit, an applicable
			 requirement is a State statutory or regulatory requirement which takes effect
			 prior to final administrative disposition of a permit. For a permit issued by
			 EPA, an applicable requirement is a statutory or regulatory requirement
			 (including any interim final rule) which takes effect prior to the issuance of
			 the permit.
			 40 CFR
			 124.14 (reopening of comment period) provides
			 a means for reopening EPA permit proceedings at the discretion of the Regional
			 Administrator in coordination with the Director where new requirements become
			 effective during the permitting process and are of sufficient magnitude to make
			 additional proceedings desirable. For State and EPA administered programs, an
			 applicable requirement is also any requirement which takes effect prior to the
			 modification or revocation and reissuance of a permit, to the extent allowed in
			 § 270.41.
(d) New or reissued
			 permits, and to the extent allowed under § 270.41, modified or revoked and
			 reissued permits, shall incorporate each of the applicable requirements
			 referenced in this section and in Section 270.31.
(e) Incorporation. All permit conditions
			 shall be incorporated either expressly or by reference. If incorporated by
			 reference, a specific citation to the applicable rules or requirements must be
			 given in the permit.
§
			 270.33
Schedules of compliance
(a) The permit may, when appropriate, specify
			 a schedule of compliance leading to compliance with the Act and rules.
(1) Time for compliance. Any schedules of
			 compliance under this section shall require compliance as soon as
			 possible.
(2) Interim dates. Except
			 as provided in paragraph (b)(1)(ii) of this section, if a permit establishes a
			 schedule of compliance which exceeds 1 year from the date of permit issuance,
			 the schedule shall set forth interim requirements and the dates for their
			 achievement.
(i) The time between interim
			 dates shall not exceed 1 year.
(ii)
			 If the time necessary for completion of any interim requirement is more than 1
			 year and is not readily divisible into stages for completion, the permit shall
			 specify interim dates for the submission of reports of progress toward
			 completion of the interim requirements and indicate a projected completion
			 date.
(3) Reporting. The
			 permit shall be written to require that no later than 14 days following each
			 interim date and the final date of compliance, the permittee shall notify the
			 Director in writing, of its compliance or noncompliance with the interim or
			 final requirements.
(b)
			 Alternative schedules of compliance. A HWM permit applicant or permittee may
			 cease conducting regulated activities (by receiving a terminal volume of
			 hazardous waste and, for treatment and storage HWM facilities, closing pursuant
			 to applicable requirements; and, for disposal HWM facilities, closing and
			 conducting post-closure care pursuant to applicable requirements) rather than
			 continue to operate and meet permit requirements as follows:
(1) If the permittee decides to cease
			 conducting regulated activities at a given time within the term of a permit
			 which has already been issued:
(i) The permit
			 may be modified to contain a new or additional schedule leading to timely
			 cessation of activities; or
(ii)
			 The permittee shall cease conducting permitted activities before noncompliance
			 with any interim or final compliance schedule requirement already specified in
			 the permit.
(2) If the
			 decision to cease conducting regulated activities is made before issuance of a
			 permit whose term will include the termination date, the permit shall contain a
			 schedule leading to termination which will ensure timely compliance with
			 applicable requirements.
(3) If the
			 permittee is undecided whether to cease conducting regulated activities, the
			 Director may issue or modify a permit to contain two schedules as follows:
(i) Both schedules shall contain an identical
			 interim deadline requiring a final decision on whether to cease conducting
			 regulated activities no later than a date which ensures sufficient time to
			 comply with applicable requirements in a timely manner if the decision is to
			 continue conducting regulated activities;
(ii) One schedule shall lead to timely
			 compliance with applicable requirements;
(iii) The second schedule shall lead to
			 cessation of regulated activities by a date which will ensure timely compliance
			 with applicable requirements;
(iv)
			 Each permit containing two schedules shall include a requirement that after the
			 permittee has made a final decision under paragraph (b)(3)(i) of this section
			 it shall follow the schedule leading to compliance if the decision is to
			 continue conducting regulated activities, and follow the schedule leading to
			 termination if the decision is to cease conducting regulated
			 activities.
(4) The
			 applicant's or permittee's decision to cease conducting regulated activities
			 shall be evidenced by a firm public commitment satisfactory to the Director,
			 such as resolution of the board of directors of a corporation.
§ 270.34
Health Monitoring and Hazard Identification
(a)
Prior to the operation of a new
			 commercial hazardous waste management facility, the Division may request that
			 the appropriate health agency have a survey conducted, at reasonable cost, to
			 establish baseline health data. Such survey shall:
(1)
Be conducted by a person approved
			 by both the Division and the health agency;
(2)
Investigate the prevalence of
			 those health conditions deemed appropriate by the Division in consultation with
			 the Arkansas Division of Health and other health agencies;
(3)
Be completed among a
			 statistically representative portion of the population located within an area
			 defined as likely to be impacted on the basis of information describing the
			 type of facility, nature of the operation, type of waste managed and proximity
			 to major water sources or other likely vehicles for dissemination in the
			 environment.
(b)
Whenever the Division finds that
			 there exists a reasonable probability that emissions from any hazardous waste
			 management facility are related to disease etiology, it shall have
			 conducted
pertinent epidemiologic investigations in order to
				ascertain early identification of unknown health hazards and to effect the
				appropriate corrective intervention. Such investigation shall be subject to the
				provisions of § 6(k) of this Rule and limited to reasonable
				cost.
Subsection D
- Changes to
			 Permits
§ 270.40
Transfer
			 of permits
(a) A permit may be
			 transferred by the permittee to a new owner or operator only if the permit has
			 been modified or revoked and reissued (under § 270.40(b) or §
			 270.41(b)(2)) to identify the new permittee and incorporate such other
			 requirements as may be necessary under the Arkansas Hazardous Waste Management
			 Act (A.C.A §§ 8-7-201
et seq
.).
(b) Changes in the ownership or operational
			 control of a facility may be made as a Class 1 modification with prior written
			 approval of the Director in accordance with § 270.42 or as a routine
			 change with prior approval under
			 40
			 CFR 124.213. The new owner or operator must
			 submit a revised permit application no later than 90 days prior to the
			 scheduled change. A written agreement containing a specific date for transfer
			 of permit responsibility between the current and new permittees must also be
			 submitted to the Director. When a transfer of ownership or operational control
			 occurs, the old owner or operator shall comply with the requirements of Section
			 264, Subsection H (Financial Requirements) until the new owner or operator has
			 demonstrated that he or she is complying with the requirements of that
			 Subsection. The new owner or operator must demonstrate compliance with
			 Subsection H requirements
not later than
the date
			 of the change of ownership or operational control of the facility. Upon
			 demonstration to the Director by the new owner or operator of compliance with
			 Subsection H, the Director shall notify the old owner or operator that he or
			 she no longer needs to comply with Subsection H as of the date of
			 demonstration.
§
			 270.41
Modification or revocation and reissuance of
			 permits
When the Director receives any information (for example,
				inspects the facility, receives information submitted by the permittee as
				required in the permit (see § 270.30), receives a request for revocation
				and reissuance under
				40
				CFR 124.5 or conducts a review of the permit
				file), he or she may determine whether one or more of the causes listed in
				paragraphs (a) and (b) of this section for modification, or revocation and
				reissuance or both exist. If cause exists, the Director may modify or revoke
				and reissue the permit accordingly, subject to the limitations of paragraph (c)
				of this section, and may request an updated application if necessary. When a
				permit is modified, only the conditions subject to modification are reopened.
				If a permit is revoked and reissued, the entire permit is reopened and subject
				to revision and the permit is reissued for a new term. (See
				40
				CFR 124.5(c)(2).) If cause
				does not exist under this section, the Director shall not modify or revoke and
				reissue the permit, except on request of the permittee. If a permit
				modification is requested by the permittee, the Director shall approve or deny
				the request according to the procedures of Section 270.42. If a permit
				modification is requested by the permittee, the Director shall approve or deny
				the request according to the procedures of § 270.42, or § 270.320 and
				40 CFR Part 124, Subpart G. Otherwise, a draft permit must be prepared and
				other procedures in 40 CFR 124 and APC&EC Rule No. 8 followed.
(a) Causes for modification. The following
			 are causes for modification, but not revocation and reissuance, of permits; the
			 following may be causes for revocation and reissuance, as well as modification,
			 when the permittee requests or agrees.
(1)
			 Alterations. There are material and substantial alterations or additions to the
			 permitted facility or activity which occurred after permit issuance which
			 justify the application of permit conditions that are different or absent in
			 the existing permit.
(2)
			 Information. The Director has received information. Permits may be modified
			 during their terms for this cause only if the information was not available at
			 the time of permit issuance (other than revised rules, guidance, or test
			 methods) and would have justified the application of different permit
			 conditions at the time of issuance.
(3) New statutory requirements or rules. The
			 standards or rules on which the permit was based have been changed by statute,
			 through promulgation of new or amended standards or rules, or by judicial
			 decision after the permit was issued.
(4) Compliance schedules. The Director
			 determines good cause exists for modification of a compliance schedule, such as
			 an act of God, strike, flood, or materials shortage or other events over which
			 the permittee has little or no control and for which there is no reasonably
			 available remedy.
(5)
			 Notwithstanding any other provision in this section, when a permit for a land
			 disposal facility is reviewed by the Director under § 270.50(d), the
			 Director shall modify the permit as necessary to assure that the facility
			 continues to comply with the currently applicable requirements in Sections 260
			 through 266, and 270.
(b) Causes for modification or revocation and
			 reissuance. The following are causes to modify or, alternatively, revoke and
			 reissue a permit:
(1) Cause exists for
			 termination under § 270.43, and the Director determines that modification
			 or revocation and reissuance is appropriate.
(2) The Director has received notification
			 (as required in the permit, see § 270.30(l)(3)) of a proposed transfer of
			 the permit.
(3) The Director has
			 received notification under 40 CFR Part 124.202(b) of a facility owner or
			 operator's intent to be covered by a standardized permit.
(c) Facility siting. Suitability of the
			 facility location will not be considered at the time of permit modification or
			 revocation and reissuance unless new information or standards indicate that a
			 threat to human health or the environment exists which was unknown at the time
			 of permit issuance.
§
			 270.42
Permit modification at the request of the
			 Permittee
(a) Class 1 modifications.
(1) Except as provided in paragraph (a)(2) of
			 this section, the permittee may put into effect Class 1 modifications listed in
			 appendix I of this section under the following conditions:
(i) The permittee must notify the Director
			 concerning the modification by certified mail or other means that establish
			 proof of delivery within 7 calendar days after the change is put into effect.
			 This notice must specify the changes being made to permit conditions or
			 supporting documents referenced by the permit and must explain why they are
			 necessary. Along with the notice, the permittee must provide the applicable
			 information required by §§ 270.13 through 270.21, 270.62, and
			 270.63.
(ii) The permittee must
			 send a notice of the modification to all persons on the facility mailing list,
			 maintained by the Director in accordance with
			 40 CFR
			 124.10(c) (viii), and the
			 appropriate units of State and local government, as specified in
			 40 CFR
			 124.10(c)(ix). This
			 notification must be made within 90 calendar days after the change is put into
			 effect. For the Class I modifications that require prior Director approval, the
			 notification must be made within 90 calendar days after the Director approves
			 the request.
(iii) Any person may
			 request the Director to review, and the Director may for cause reject, any
			 Class 1 modification. The Director must inform the permittee by certified mail
			 that a Class 1 modification has been rejected, explaining the reasons for the
			 rejection. If a Class 1 modification has been rejected, the permittee must
			 comply with the original permit conditions.
(2) Class 1 permit modifications identified
			 in appendix I by an asterisk may be made only with the prior written approval
			 of the Director.
(3) For a Class 1
			 permit modification, the permittee may elect to follow the procedures in §
			 270.42(b) for Class 2 modifications instead of the Class 1 procedures. The
			 permittee must inform the Director of this decision in the notice required in
			 § 270.42(b)(1).
(b)
			 Class 2 modifications.
(1) For Class 2
			 modifications, listed in appendix I of this section, the permittee must submit
			 a modification request to the Director that:
(i) Describes the exact change to be made to
			 the permit conditions and supporting documents referenced by the
			 permit;
(ii) Identifies that the
			 modification is a Class 2 modification; (iii) Explains why the modification is
			 needed; and
(iv) Provides the
			 applicable information required by §§ 270.13 through 270.21, 270.62,
			 and 270.63.
(2) The
			 permittee must send a notice of the modification request to all persons on the
			 facility mailing list maintained by the Director and to the appropriate units
			 of State and local government as specified in
			 40 CFR
			 124.10(c)(1)(ix) and must
			 publish this notice in a major local newspaper of general circulation. This
			 notice must be mailed and published within 7 days before or after the date of
			 submission of the modification request, and the permittee must provide to the
			 Director evidence of the mailing and publication. The notice must include:
(i) Announcement of a 60-day comment period,
			 in accordance with § 270.42(b)(5), and the name and address of a Division
			 contact to whom comments must be sent;
(ii) Announcement of the date, time, and
			 place for a public meeting held in accordance with §
			 270.42(b)(4);
(iii) Name and
			 telephone number of the permittee's contact person;
(iv) Name and telephone number of a Division
			 contact person;
(v) Location where
			 copies of the modification request and any supporting documents can be viewed
			 and copied; and
(vi) The following
			 statement: "The permittee's compliance history during the life of the permit
			 being modified is available from the Division contact person."
(3) The permittee must place a
			 copy of the permit modification request and supporting documents in a location
			 accessible to the public in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting
			 no earlier than 15 days after the publication of the notice required in
			 paragraph (b)(2) of this section and no later than 15 days before the close of
			 the 60-day comment period. The meeting must be held to the extent practicable
			 in the vicinity of the permitted facility.
(5) The public shall be provided 60 days to
			 comment on the modification request. The comment period will begin on the date
			 the permittee publishes the notice in the local newspaper. Comments should be
			 submitted to the Agency contact identified in the public notice.
(6)
(i) No
			 later than 90 days after receipt of the notification request, the Director
			 must:
(A) Approve the modification request,
			 with or without changes, and modify the permit accordingly;
(B) Deny the request;
(C) Determine that the modification request
			 must follow the procedures in § 270.42(c) for Class 3 modifications for
			 the following reasons:
(1) There is
			 significant public concern about the proposed modification; or
(2) The complex nature of the change requires
			 the more extensive procedures of Class 3.
(D) Approve the request, with or without
			 changes, as a temporary authorization having a term of up to 180 days,
			 or
(E) Notify the permittee that he
			 or she will decide on the request within the next 30 days.
(ii) If the Director notifies the permittee
			 of a 30-day extension for a decision, the Director must, no later than 120 days
			 after receipt of the modification request:
(A)
			 Approve the modification request, with or without changes, and modify the
			 permit accordingly;
(B) Deny the
			 request; or
(C) Determine that the
			 modification request must follow the procedures in § 270.42(c) for Class 3
			 modifications for the following reasons:
(1)
			 There is significant public concern about the proposed modification;
			 or
(2) The complex nature of the
			 change requires the more extensive procedures of Class 3.
(D) Approve the request, with or without
			 changes, as a temporary authorization having a term of up to 180
			 days.
(iii) If the
			 Director fails to make one of the decisions specified in paragraph (b)(6)(ii)
			 of this section by the 120th day after receipt of the modification request, the
			 permittee is automatically authorized to conduct the activities described in
			 the modification request for up to 180 days, without formal Agency action. The
			 authorized activities must be conducted as described in the permit modification
			 request and must be in compliance with all appropriate standards of Section 270
			 of this rule. If the Director approves, with or without changes, or denies the
			 modification request during the term of the temporary or automatic
			 authorization provided for in paragraphs (b)(6) (i), (ii), or (iii) of this
			 section, such action cancels the temporary or automatic
			 authorization.
(iv)
(A) In the case of an automatic authorization
			 under paragraph (b)(6)(iii) of this section, or a temporary authorization under
			 paragraph (b)(6) (i)(D) or (ii)(D) of this section, if the Director has not
			 made a final approval or denial of the modification request by the date 50 days
			 prior to the end of the temporary or automatic authorization, the permittee
			 must within seven days of that time send a notification to persons on the
			 facility mailing list, and make a reasonable effort to notify other persons who
			 submitted written comments on the modification request, that:
(1) The permittee has been authorized
			 temporarily to conduct the activities described in the permit modification
			 request, and
(2) Unless the
			 Director acts to give final approval or denial of the request by the end of the
			 authorization period, the permittee will receive authorization to conduct such
			 activities for the life of the permit.
(B) If the owner/operator fails to notify the
			 public by the date specified in paragraph (b)(6)(iv)(A) of this section, the
			 effective date of the permanent authorization will be deferred until 50 days
			 after the owner/operator notifies the public.
(v) Except as provided in paragraph
			 (b)(6)(vii) of this section, if the Director does not finally approve or deny a
			 modification request before the end of the automatic or temporary authorization
			 period or reclassify the modification as a Class 3, the permittee is authorized
			 to conduct the activities described in the permit modification request for the
			 life of the permit unless modified later under § 270.41 or § 270.42.
			 The activities authorized under this paragraph must be conducted as described
			 in the permit modification request and must be in compliance with all
			 appropriate standards of Section 265 and 40 CFR part 265.
(vi) In making a decision to approve or deny
			 a modification request, including a decision to issue a temporary authorization
			 or to reclassify a modification as a Class 3, the Director must consider all
			 written comments submitted to the Agency during the public comment period and
			 must respond in writing to all significant comments in his or her
			 decision.
(vii) With the written
			 consent of the permittee, the Director may extend indefinitely or for a
			 specified period the time periods for final approval or denial of a
			 modification request or for reclassifying a modification as a Class
			 3.
(7) The Director may
			 deny or change the terms of a Class 2 permit modification request under
			 paragraphs (b)(6) (i) through (iii) of this section for the following reasons:
(i) The modification request is
			 incomplete;
(ii) The requested
			 modification does not comply with the appropriate requirements of Section 264
			 or 40 CFR part 264 or other applicable requirements; or
(iii) The conditions of the modification fail
			 to protect human health and the environment.
(8) The permittee may perform any
			 construction associated with a Class 2 permit modification request beginning 60
			 days after the submission of the request unless the Director establishes a
			 later date for commencing construction and informs the permittee in writing
			 before day 60.
(c) Class
			 3 modifications.
(1) For Class 3
			 modifications listed in appendix I of this section, the permittee must submit a
			 modification request to the Director that:
(i)
			 Describes the exact change to be made to the permit conditions and supporting
			 documents referenced by the permit;
(ii) Identifies that the modification is a
			 Class 3 modification; (iii) Explains why the modification is needed;
			 and
(iv) Provides the applicable
			 information required by §§ 270.13 through 270.22, 270.62, 270.63, and
			 270.66 of this rule.
(2)
			 The permittee must send a notice of the modification request to all persons on
			 the facility mailing list maintained by the Director and to the appropriate
			 units of State and local government as specified in
			 40 CFR
			 124.10(c)(ix) and must
			 publish this notice in a major local newspaper of general circulation. This
			 notice must be mailed and published within seven days before or after the date
			 of submission of the modification request, and the permittee must provide to
			 the Director evidence of the mailing and publication. The notice must include:
(i) Announcement of a 60-day comment period,
			 and a name and address of a Division contact to whom comments must be
			 sent;
(ii) Announcement of the
			 date, time, and place for a public meeting on the modification request, in
			 accordance with § 270.42(c)(4);
(iii) Name and telephone number of the
			 permittee's contact person;
(iv)
			 Name and telephone number of a Division contact person;
(v) Location where copies of the modification
			 request and any supporting documents can be viewed and copied; and
(vi) The following statement: "The
			 permittee's compliance history during the life of the permit being modified is
			 available from the Division contact person."
(3) The permittee must place a copy of the
			 permit modification request and supporting documents in a location accessible
			 to the public in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting
			 no earlier than 15 days after the publication of the notice required in
			 paragraph (c)(2) of this section and no later than 15 days before the close of
			 the 60-day comment period. The meeting must be held to the extent practicable
			 in the vicinity of the permitted facility.
(5) The public shall be provided at least 60
			 days to comment on the modification request. The comment period will begin on
			 the date the permittee publishes the notice in the local newspaper. Comments
			 should be submitted to the Division contact identified in the notice.
(6) After the conclusion of the 60-day
			 comment period, the Director must grant or deny the permit modification request
			 according to the permit modification procedures of Rule No. 8 and 40 CFR Part
			 124. In addition, the Director must consider and respond to all significant
			 written comments received during the 60-day comment period.
(d) Other modifications.
(1) In the case of modifications not
			 explicitly listed in Appendix I of this section, the permittee may submit a
			 Class 3 modification request to the Division, or he or she may request a
			 determination by the Director that the modification should be reviewed and
			 approved as a Class 1 or Class 2 modification. If the permittee requests that
			 the modification be classified as a Class 1 or 2 modification, he or she must
			 provide the Division with the necessary information to support the requested
			 classification.
(2) The Director
			 shall make the determination described in paragraph (d)(1) of this section as
			 promptly as practicable. In determining the appropriate class for a specific
			 modification, the Director shall consider the similarity of the modification to
			 other modifications codified in appendix I and the following criteria:
(i) Class 1 modifications apply to minor
			 changes that keep the permit current with routine changes to the facility or
			 its operation. These changes do not substantially alter the permit conditions
			 or reduce the capacity of the facility to protect human health or the
			 environment. In the case of Class 1 modifications, the Director may require
			 prior approval.
(ii) Class 2
			 modifications apply to changes that are necessary to enable a permittee to
			 respond, in a timely manner, to,
(A) Common
			 variations in the types and quantities of the wastes managed under the facility
			 permit,
(B) Technological
			 advancements, and
(C) Changes
			 necessary to comply with new rules, where these changes can be implemented
			 without substantially changing design specifications or management practices in
			 the permit.
(iii) Class
			 3 modifications substantially alter the facility or its operation. (e)
			 Temporary authorizations.
(1) Upon request of
			 the permittee, the Director may, without prior public notice and comment, grant
			 the permittee a temporary authorization in accordance with this subsection.
			 Temporary authorizations must have a term of not more than 180 days.
(2)
(i) The
			 permittee may request a temporary authorization for:
(A) Any Class 2 modification meeting the
			 criteria in paragraph (e)(3)(ii) of this section, and
(B) Any Class 3 modification that meets the
			 criteria in paragraph (3)(ii) (A) or (B) of this section; or that meets the
			 criteria in paragraphs (3)(ii)(C) through (E) of this section and provides
			 improved management or treatment of a hazardous waste already listed in the
			 facility permit.
(ii) The
			 temporary authorization request must include:
(A) A description of the activities to be
			 conducted under the temporary authorization;
(B) An explanation of why the temporary
			 authorization is necessary; and
(C)
			 Sufficient information to ensure compliance with the standards in § 264 of
			 this rule.
(iii) The
			 permittee must send a notice about the temporary authorization request to all
			 persons on the facility mailing list maintained by the Director and to
			 appropriate units of State and local governments as specified in
			 40 CFR
			 124.10(c)(ix). This
			 notification must be made within seven days of submission of the authorization
			 request.
(3) The Director
			 shall approve or deny the temporary authorization as quickly as practical. To
			 issue a temporary authorization, the Director must find:
(i) The authorized activities are in
			 compliance with the standards of § 264 of this rule.
(ii) The temporary authorization is necessary
			 to achieve one of the following objectives before action is likely to be taken
			 on a modification request:
(A) To facilitate
			 timely implementation of closure or corrective action activities;
(B) To allow treatment or storage in tanks or
			 containers, or in containment buildings in accordance with §
			 268;
(C) To prevent disruption of
			 ongoing waste management activities;
(D) To enable the permittee to respond to
			 sudden changes in the types or quantities of the wastes managed under the
			 facility permit; or
(E) To
			 facilitate other changes to protect human health and the environment.
(4) A temporary
			 authorization may be reissued for one additional term of up to 180 days
			 provided that the permittee has requested a Class 2 or 3 permit modification
			 for the activity covered in the temporary authorization, and:
(i) The reissued temporary authorization
			 constitutes the Director's decision on a Class 2 permit modification in
			 accordance with paragraph (b)(6)(i)(D) or (ii)(D) of this section, or
(ii) The Director determines that the
			 reissued temporary authorization involving a Class 3 permit modification
			 request is warranted to allow the authorized activities to continue while the
			 modification procedures of paragraph (c) of this section are
			 conducted.
(f) Public notice and appeals of permit
			 modification decisions.
(1) The Director
			 shall notify persons on the facility mailing list and appropriate units of
			 State and local government within 10 days of any decision under this section to
			 grant or deny a Class 2 or 3 permit modification request. The Director shall
			 also notify such persons within 10 days after an automatic authorization for a
			 Class 2 modification goes into effect under § 270.42(b)(6) (iii) or
			 (v).
(2) The Director's decision to
			 grant or deny a Class 2 or 3 permit modification request under this section may
			 be appealed under the permit appeal procedures of APC&EC Rule No. 8 and
			 40
			 CFR 124.19.
(3) An automatic authorization that goes into
			 effect under § 270.42(b)(6) (iii) or (v) may be appealed under the permit
			 appeal procedures of
			 40
			 CFR 124.19; however, the permittee may
			 continue to conduct the activities pursuant to the automatic authorization
			 until the appeal has been granted pursuant to § 124.19(c), notwithstanding
			 the provisions of § 124.15(b).
(g) Newly regulated wastes and units.
(1) The permittee is authorized to continue
			 to manage wastes listed or identified as hazardous under Section 261 of this
			 Rule, or to continue to manage hazardous waste in units newly regulated as
			 hazardous waste management units, if:
(i) The
			 unit was in existence as a hazardous waste facility with respect to the newly
			 listed or characterized waste or newly regulated waste management unit on the
			 effective date of the final rule listing or identifying the waste, or
			 regulating the unit;
(ii) The
			 permittee submits a Class 1 modification request on or before the date on which
			 the waste or unit becomes subject to the new requirements;
(iii) The permittee is in compliance with the
			 applicable standards of Sections 265 and 266 of this chapter;
(iv) The permittee also submits a complete
			 Class 2 or 3 modification request within 180 days of the effective date of the
			 rule listing or identifying the waste, or subjecting the unit to hazardous
			 waste management standards;
(v) In
			 the case of land disposal units, the permittee certifies that each such unit is
			 in compliance with all applicable requirements of Section 265 of this chapter
			 for groundwater monitoring and financial responsibility on the date 12 months
			 after the effective date of the rule identifying or listing the waste as
			 hazardous, or regulating the unit as a hazardous waste management unit. If the
			 owner or operator fails to certify compliance with all these requirements, he
			 or she will lose authority to operate under this section. (2) New wastes or
			 units added to a facility's permit under this subsection do not constitute
			 expansions for the purpose of the 25 percent capacity expansion limit for Class
			 2 modifications.
(h)
			  Military hazardous waste munitions treatment and disposal. The
			 permittee is authorized to continue to accept waste military munitions
			 notwithstanding any permit conditions barring the permittee from accepting
			 off-site wastes, if:
(1) The facility was in
			 existence as a hazardous waste facility, and the facility was already permitted
			 to handle the waste military munitions, on the date when the waste military
			 munitions became subject to hazardous waste regulatory requirements;
(2) On or before the date when the waste
			 military munitions become subject to hazardous waste regulatory requirements,
			 the permittee submits a Class 1 modification request to remove or amend the
			 permit provision restricting the receipt of off-site waste munitions;
			 and
(3) The permittee submits a
			 complete Class 2 modification request within 180 days of the date when the
			 waste military munitions became subject to hazardous waste regulatory
			 requirements.
(i) Permit
			 modification list. The Director must maintain a list of all approved permit
			 modifications and must publish a notice once a year in a State-wide newspaper
			 that an updated list is available for review.
(j) Combustion facility changes to meet 40
			 CFR Part 63 MACT standards. The following procedures apply to hazardous waste
			 combustion facility permit modifications requested under Appendix I of this
			 section, section L(9).
(1) Facility owners or
			 operators must have complied with the Notification of Intent to Comply (NIC)
			 requirements of
			 40 CFR
			 63.1210 that were in effect prior to October
			 11, 2000 (See 40 CFR Part 63 §§ 63.1200-63.1499 Revised as of July 1,
			 2000) in order to request a permit modification under this section for the
			 purpose of technology changes needed to meet the standards under 40 CFR Part
			 63.1203, 63.1204, and 63.1205.
(2)
			 Facility owners or operators must comply with the Notification of Intent to
			 Comply (NIC) requirements of 40 CFR Part 63.1210(b) and 63.1212(a) before a
			 permit modification can be requested under this section for the purpose of
			 technology changes needed to meet the 40 CFR Part 63.1215, 63.1216, 63.1217,
			 63.1218, 63.1219, 63.1220, and 63.1221 standards promulgated on October 12,
			 2005.
(3) If the Director does not
			 approve or deny the request within 90 days of receiving it, the request shall
			 be deemed approved. The Director may, at his or her discretion, extend this 90
			 day deadline one time for up to 30 days by notifying the facility owner or
			 operator.
(k) Waiver of
			 RCRA permit conditions in support of transition to the 40 CFR Part 63 MACT
			 standards.
(1) You may request to have
			 specific RCRA operating and emissions limits waived by submitting a Class 1
			 permit modification request under Appendix I of this section, section L(10).
			 You must:
(i) Identify the specific RCRA
			 permit operating and emissions limits which you are requesting to
			 waive;
(ii) Provide an explanation
			 of why the changes are necessary in order to minimize or eliminate conflicts
			 between the RCRA permit and MACT compliance; and
(iii) Discuss how the revised provisions will
			 be sufficiently protective.
(iv)
			 The Director shall approve or deny the request within 30 days of receipt of the
			 request. The Director may, as his or her discretion, extend this 30 day
			 deadline one time for up to 30 days by notifying the facility owner or
			 operator.
(2) To request
			 this modification in conjunction with MACT performance testing where permit
			 limits may only be waived during actual test events and pretesting, as defined
			 under 40 CFR Part 63.1207(h)(2)(i) and (ii), for an aggregate time not to
			 exceed 720 hours of operation (renewable at the discretion of the Director) you
			 must:
(i) Submit your modification request to
			 the Director at the same time you submit your test plans to the EPA Regional
			 Administrator; and
(ii) The
			 Director may elect to approve or deny the request continent upon approval of
			 the test plans.
(l) [Reserved]
Appendix I to § 270.42 ----- Classification
				of Permit Modifications
Modifications
Class
A.
General Permit Provisions
1. Administrative and informational changes
1
2. Correction of typographical errors
1
3. Equipment replacement or upgrading with functionally
						  equivalent components (e.g., pipes, valves, pumps, conveyors, controls)
1
4. Changes in the frequency of or procedures for
						  monitoring, reporting, sampling, or maintenance activities by the
						  permittee:
a. To provide for more frequent monitoring, reporting,
						  sampling, or maintenance
1
b. Other changes
2
5. Schedule of compliance:
a. Changes in interim compliance dates, with prior
						  approval of the Director
11
b. Extension of final compliance date
3
6. Changes in expiration date of permit to allow
						  earlier permit termination, with prior approval of the Director
11
7. Changes in ownership or operational control of a
						  facility, provided the procedures of §270.40(b) are followed
11
8. Changes to remove permit conditions that are no
						  longer applicable (
i.e.,
because the standards upon which they
						  are based are no longer applicable to the facility).
11
9. Changes to remove permit conditions applicable to a
						  unit excluded under the provisions of §261.4.
11
10. Changes in the expiration date of a permit issued
						  to a facility at which all units are excluded under the provisions of
						  §261.4.
11
B.
General Facility Standards
1. Changes to waste sampling or analysis
						  methods:
a. To conform with agency guidance or rules
1
b. To incorporate changes associated with F039
						  (multi-source leachate) sampling or analysis methods
1
c. To incorporate changes associated with underlying
						  hazardous constituents in ignitable or corrosive wastes
11
d. Other changes
2
2. Changes to analytical quality assurance/control
						  plan:
a. To conform with agency guidance or rules
1
b. Other changes
2
3. Changes in procedures for maintaining the operating
						  record
1
4. Changes in frequency or content of inspection
						  schedules
2
5. Changes in the training plan:
a. That affect the type or decrease the amount of
						  training given to employees
2
b. Other changes
1
6. Contingency plan:
a. Changes in emergency procedures
						  (
i.e.
, spill or release response procedures)
2
b. Replacement with functionally equivalent equipment,
						  upgrade, or relocate emergency equipment listed
1
c. Removal of equipment from emergency equipment
						  list
2
d. Changes in name, address, or phone number of
						  coordinators or other persons or agencies identified in the plan
1
7. Construction quality assurance plan:
a. Changes that the CQA officer certifies in the
						  operating record will provide equivalent or better certainty that the unit
						  components meet the design specifications
1
b. Other changes
2
Note: When a permit modification (such as introduction
						  of a new unit) requires a change in facility plans or other general facility
						  standards, that change shall be reviewed under the same procedures as the
						  permit modification.
C.
Ground-Water Protection
1. Changes to wells:
a. Changes in the number, location, depth, or design of
						  upgradient or downgradient wells of permitted ground-water monitoring
						  system
2
b. Replacement of an existing well that has been
						  damaged or rendered inoperable, without change to location, design, or depth of
						  the well
1
2. Changes in ground-water sampling or analysis
						  procedures or monitoring schedule, with prior approval of the Director
11
3. Changes in statistical procedure for determining
						  whether a statistically significant change in ground-water quality between
						  upgradient and downgradient wells has occurred, with prior approval of the
						  Director
11
4. Changes in point of compliance
2
5. Changes in indicator parameters, hazardous
						  constituents, or concentration limits (including ACLs):
a. As specified in the groundwater protection
						  standard
3
b. As specified in the detection monitoring
						  program
2
6. Changes to a detection monitoring program as
						  required by §264.98(h), unless otherwise specified in this appendix
2
7. Compliance monitoring program:
a. Addition of compliance monitoring program as
						  required by §§264.98(g)(4) and 264.99
3
b. Changes to a compliance monitoring program as
						  required by §264.99(j), unless otherwise specified in this appendix
2
8. Corrective action program:
a. Addition of a corrective action program as required
						  by §§264.99(h)(2) and 264.100
3
b. Changes to a corrective action program as required
						  by §264.100(h), unless otherwise specified in this appendix
2
D.
Closure
1. Changes to the closure plan:
a. Changes in estimate of maximum extent of operations
						  or maximum inventory of waste on-site at any time during the active life of the
						  facility, with prior approval of the Director
11
b. Changes in the closure schedule for any unit,
						  changes in the final closure schedule for the facility, or extension of the
						  closure period, with prior approval of the Director
11
c. Changes in the expected year of final closure, where
						  other permit conditions are not changed, with prior approval of the
						  Director
11
d. Changes in procedures for decontamination of
						  facility equipment or structures, with prior approval of the Director
11
e. Changes in approved closure plan resulting from
						  unexpected events occurring during partial or final closure, unless otherwise
						  specified in this appendix
2
f. Extension of the closure period to allow a landfill,
						  surface impoundment or land treatment unit to receive non-hazardous wastes
						  after final receipt of hazardous wastes under §264.113 (d) and (e)
2
2. Creation of a new landfill unit as part of
						  closure
3
3. Addition of the following new units to be used
						  temporarily for closure activities:
a. Surface impoundments
3
b. Incinerators
3
c. Waste piles that do not comply with
						  §264.250(c)
3
d. Waste piles that comply with §264.250(c)
2
e. Tanks or containers (other than specified
						  below)
2
f. Tanks used for neutralization, dewatering, phase
						  separation, or component separation, with prior approval of the Director
11
g. Staging piles
2
E.
Post-Closure
1. Changes in name, address, or phone number of contact
						  in post-closure plan
1
2. Extension of post-closure care period
2
3. Reduction in the post-closure care period
3
4. Changes to the expected year of final closure, where
						  other permit conditions are not changed
1
5. Changes in post-closure plan necessitated by events
						  occurring during the active life of the facility, including partial and final
						  closure
2
F.
Containers
1. Modification or addition of container units:
a. Resulting in greater than 25% increase in the
						  facility's container storage capacity, except as provided in F(1)(c) and
						  F(4)(a) below
3
b. Resulting in up to 25% increase in the facility's
						  container storage capacity, except as provided in F(1)(c) and F(4)(a)
						  below
2
c. Or treatment processes necessary to treat wastes
						  that are restricted from land disposal to meet some or all of the applicable
						  treatment standards or to treat wastes to satisfy (in whole or in part) the
						  standard of "use of practically available technology that yields the greatest
						  environmental benefit" contained in §268.8(a)(2)(ii), with prior approval
						  of the Director. This modification may also involve addition of new waste codes
						  or narrative descriptions of wastes. It is not applicable to dioxin-containing
						  wastes (F020, 021, 022, 023, 026, 027, and 028)
11
2.
a. Modification of a container unit without increasing
						  the capacity of the unit
2
b. Addition of a roof to a container unit without
						  alteration of the containment
1
system
3. Storage of different wastes in containers, except as
						  provided in (F)(4) below:
a. That require additional or different management
						  practices from those authorized in the permit
3
b. That do not require additional or different
						  management practices from those authorized in the permit
2
Note:
See §270.42(g) for modification
						  procedures to be used for the management of newly listed or identified
						  wastes.
4. Storage or treatment of different wastes in
						  containers:
a. That require addition of units or change in
						  treatment process or management standards, provided that the wastes are
						  restricted from land disposal and are to be treated to meet some or all of the
						  applicable treatment standards, or that are to be treated to satisfy (in whole
						  or in part) the standard of "use of practically available technology that
						  yields the greatest environmental benefit" contained in §268.8(a)(2)(ii).
						  This modification is not applicable to dioxin-containing wastes (F020, 021,
						  022, 023, 026, 027, and 028)
11
b. That do not require the addition of units or a
						  change in the treatment process or management standards, and provided that the
						  units have previously received wastes of the same type (e.g., incinerator
						  scrubber water). This modification is not applicable to dioxin-containing
						  wastes (F020, 021, 022, 023, 026, 027, and 028)
11
G.
Tanks
1.
a. Modification or addition of tank units resulting in
						  greater than 25% increase in the facility's tank capacity, except as provided
						  in G(1)(c), G(1)(d), and G(1)(e) below
3
b. Modification or addition of tank units resulting in
						  up to 25% increase in the facility's tank capacity, except as provided in
						  G(1)(d) and G(1)(e) below
2
c. Addition of a new tank that will operate for more
						  than 90 days using any of the following physical or chemical treatment
						  technologies: neutralization, dewatering, phase separation, or component
						  separation
2
d. After prior approval of the Director, addition of a
						  new tank that will operate for up to 90 days using any of the following
						  physical or chemical treatment technologies: neutralization, dewatering, phase
						  separation, or component separation
11
e. Modification or addition of tank units or treatment
						  processes necessary to treat wastes that are restricted from land disposal to
						  meet some or all of the applicable treatment standards or to treat wastes to
						  satisfy (in whole or in part) the standard
11
of "use of practically available technology that yields
						  the greatest environmental benefit" contained in §268.8(a)(2)(ii), with
						  prior approval of the Director. This modification may also involve addition of
						  new waste codes. It is not applicable to dioxin-containing wastes (F020, 021,
						  022, 023, 026, 027, and 028)
2. Modification of a tank unit or secondary containment
						  system without increasing the capacity of the unit
2
3. Replacement of a tank with a tank that meets the
						  same design standards and has a capacity within ±10% of the replaced
						  tank provided
1
-The capacity difference is no more than 1500
						  gallons,
-The facility's permitted tank capacity is not
						  increased, and
-The replacement tank meets the same conditions in the
						  permit.
4. Modification of a tank management practice
2
5. Management of different wastes in tanks:
a. That require additional or different management
						  practices, tank design, different fire protection specifications, or
						  significantly different tank treatment process from that authorized in the
						  permit, except as provided in (G)(5)(c) below
3
b. That do not require additional or different
						  management practices, tank design, different fire protection specifications, or
						  significantly different tank treatment process than authorized in the permit,
						  except as provided in (G)(5)(d)
2
c. That require addition of units or change in
						  treatment processes or management standards, provided that the wastes are
						  restricted from land disposal and are to be treated to meet some or all of the
						  applicable treatment standards or that are to be treated to satisfy (in whole
						  or in part) the standard of "use of practically available technology that
						  yields the greatest environmental benefit" contained in §268.8(a)(2)(ii).
						  The modification is not applicable to dioxin-containing wastes (F020, 021, 022,
						  023, 026, 027, and 028)
11
d. That do not require the addition of units or a
						  change in the treatment process or management standards, and provided that the
						  units have previously received wastes of the same type (e.g., incinerator
						  scrubber water). This modification is not applicable to dioxin-containing
						  wastes (F020, 021, 022, 023, 026, 027, and 028)
1
Note:
See §270.42(g) for modification
						  procedures to be used for the management of newly lilsted or identified
						  wastes.
H.
Surface Impoundments
1. Modification or addition of surface impoundment
						  units that result in increasing the facility's surface impoundment storage or
						  treatment capacity
3
2. Replacement of a surface impoundment unit
3
3. Modification of a surface impoundment unit without
						  increasing the facility's surface impoundment storage or treatment capacity and
						  without modifying the unit's liner, leak detection system, or leachate
						  collection system
2
4. Modification of a surface impoundment management
						  practice
2
5. Treatment, storage, or disposal of different wastes
						  in surface impoundments:
a. That require additional or different management
						  practices or different design of the liner or leak detection system than
						  authorized in the permit
3
b. That do not require additional or different
						  management practices or different design of the liner or leak detection system
						  than authorized in the permit
2
c. That are wastes restricted from land disposal that
						  meet the applicable treatment standards or that are treated to satisfy the
						  standard of "use of practically available technology that yields the greatest
						  environmental benefit" contained in §269.8(a)(2)(ii), and provided that
						  the unit meets the minimum technological requirements stated in
						  §268.5(h)(2). This modification is not applicable to dioxin-containing
						  wastes (F020, 021, 022, 023, 026, 027, and 028)
1
d. That are residues from wastewater treatment or
						  incineration, provided that disposal occurs in a unit that meets the minimum
						  technological requirements stated in §268.5(h)(2), and provided further
						  that the surface impoundment has previously received wastes of the same type
						  (for example, incinerator scrubber water). This modification is not applicable
						  to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028)
1
6. Modifications of unconstructed units to comply with
						  §§264.221(c), 264.222, 264.223, and 264.226(d)
11
7. Changes in response action plan:
a. Increase in action leakage rate
3
b. Change in a specific response reducing its frequency
						  or effectiveness
3
c. Other changes
2
Note:
See §270.42(g) for modification
						  procedures to be used for the management of newly listed or identified
						  wastes
I.
Enclosed Waste Piles.
For all waste
						  piles except those complying with §264.250(c), modifications are treated
						  the same as for a landfill. The following modifications are applicable only to
						  waste piles complying with §264.250(c).
1. Modification or addition of waste pile units:
a. Resulting in greater than 25% increase in the
						  facility's waste pile storage or treatment capacity
3
b. Resulting in up to 25% increase in the facility's
						  waste pile storage or treatment capacity
2
2. Modification of waste pile unit without increasing
						  the capacity of the unit
2
3. Replacement of a waste pile unit with another waste
						  pile unit of the same design and capacity and meeting all waste pile conditions
						  in the permit
1
4. Modification of a waste pile management
						  practice
2
5. Storage or treatment of different wastes in waste
						  piles:
a. That require additional or different management
						  practices or different design of the unit
3
b. That do not require additional or different
						  management practices or different design of the unit
2
6. Conversion of an enclosed waste pile to a
						  containment building unit
2
Note:
See §270.42(g) for modification
						  procedures to be used for the management of newly listed or identified
						  wastes.
J.
Landfills and Unenclosed Waste
						  Piles
1. Modification or addition of landfill units that
						  result in increasing the facility's disposal capacity
3
2. Replacement of a landfill
3
3. Addition or modification of a liner, leachate
						  collection system, leachate detection system, run-off control, or final cover
						  system
3
4. Modification of a landfill unit without changing a
						  liner, leachate collection system, leachate detection system, run-off control,
						  or final cover system
2
5. Modification of a landfill management
						  practice
2
6. Landfill different wastes:
a. That require additional or different management
						  practices, different design of the liner, leachate collection system, or
						  leachate detection system
3
b. That do not require additional or different
						  management practices, different design of the liner, leachate collection
						  system, or leachate detection system
2
c. That are wastes restricted from land disposal that
						  meet the applicable treatment standards or that are treated to satisfy the
						  standard of "use of practically available technology that yields the greatest
						  environmental benefit" contained in §268.8(a)(2)(ii), and provided that
						  the landfill unit meets the minimum technological requirements stated in
						  §268.5(h)(2). This modification is not applicable to dioxin-containing
						  wastes (F020, 021, 022, 023, 026, 027, and 028)
1
d. That are residues from wastewater treatment or
						  incineration, provided that disposal occurs in a landfill unit that meets the
						  minimum technological requirements stated in §268.5(h)(2), and provided
						  further that the landfill has previously received wastes of the same type (for
						  example, incinerator ash). This modification is not applicable to
						  dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028)
1
7. Modifications of unconstructed units to comply with
						  §§264.251(c), 264.252, 264.253, 264.254(c), 264.301(c), 264.302,
						  264.303(c), and 264.304
11
8. Changes in response action plan:
a. Increase in action leakage rate
3
b. Change in a specific response reducing its frequency
						  or effectiveness
3
c. Other changes
2
Note:
See §270.42(g) for modification
						  procedures to be used for the management of newly listed or identified
						  wastes.
K.
Land Treatment
1. Lateral expansion of or other modification of a land
						  treatment unit to increase areal extent
3
2. Modification of run-on control system
2
3. Modify run-off control system
3
4. Other modifications of land treatment unit component
						  specifications or standards required in permit
2
5. Management of different wastes in land treatment
						  units:
a. That require a change in permit operating conditions
						  or unit design specifications
3
b. That do not require a change in permit operating
						  conditions or unit design specifications
2
Note:
See §270.42(g) for modification
						  procedures to be used for the management of newly listed or identified
						  wastes
6. Modification of a land treatment unit management
						  practice to:
a. Increase rate or change method of waste
						  application
3
b. Decrease rate of waste application
1
7. Modification of a land treatment unit management
						  practice to change measures of pH or moisture content, or to enhance microbial
						  or chemical reactions
2
8. Modification of a land treatment unit management
						  practice to grow food chain crops, to add to or replace existing permitted
						  crops with different food chain crops, or to modify operating plans for
						  distribution of animal feeds resulting from such crops
3
9. Modification of operating practice due to detection
						  of releases from the land treatment unit pursuant to §264.278(g)(2)
3
10. Changes in the unsaturated zone monitoring system,
						  resulting in a change to the location, depth, number of sampling points, or
						  replace unsaturated zone monitoring devices or components of devices with
						  devices or components that have specifications different from permit
						  requirements
3
11. Changes in the unsaturated zone monitoring system
						  that do not result in a change to the location, depth, number of sampling
						  points, or that replace unsaturated zone monitoring devices or components of
						  devices with devices or components having specifications different from permit
						  requirements
2
12. Changes in background values for hazardous
						  constituents in soil and soil-pore liquid
2
13. Changes in sampling, analysis, or statistical
						  procedure
2
14. Changes in land treatment demonstration program
						  prior to or during the demonstration
2
15. Changes in any condition specified in the permit
						  for a land treatment unit to reflect results of the land treatment
						  demonstration, provided performance standards are met, and the Director's prior
						  approval has been received
11
16. Changes to allow a second land treatment
						  demonstration to be conducted when the results of the first demonstration have
						  not shown the conditions under which the wastes can be treated completely,
						  provided the conditions for the second demonstration are substantially the same
						  as the conditions for the first demonstration and have received the prior
						  approval of the Director
11
17. Changes to allow a second land treatment
						  demonstration to be conducted when the results of the first demonstration have
						  not shown the conditions under which the wastes can be treated completely,
						  where the conditions for the second demonstration are not substantially the
						  same as the conditions for the first demonstration
3
18. Changes in vegetative cover requirements for
						  closure
2
L. Incinerators, Boilers, and Industrial
						  Furnaces:
1. Changes to increase by more than 25% any of the
						  following limits authorized in the permit: A thermal feed rate limit, a
						  feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed
						  rate limit, or an ash feed rate limit. The Director will require a new trial
						  burn to substantiate compliance with the regulatory performance standards
						  unless this demonstration can be made through other means
3
2. Changes to increase by up to 25% any of the
						  following limits authorized in the permit: A thermal feed rate limit, a
						  feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed
						  rate limit, or an ash feed rate limit. The Director will require a new trial
						  burn to substantiate compliance with the regulatory performance standards
						  unless this demonstration can be made through other means
2
3. Modification of an incinerator, boiler, or
						  industrial furnace unit by changing the internal size or geometry of the
						  primary or secondary combustion units, by adding a
3
primary or secondary combustion unit, by substantially
						  changing the design of any component used to remove
						  HCl/Cl2, metals, or particulate from the combustion
						  gases, or by changing other features of the incinerator, boiler, or industrial
						  furnace that could affect its capability to meet the regulatory performance
						  standards. The Director will require a new trial burn to substantiate
						  compliance with the regulatory performance standards unless this demonstration
						  can be made through other means
4. Modification of an incinerator, boiler, or
						  industrial furnace unit in a manner that would not likely affect the capability
						  of the unit to meet the regulatory performance standards but which would change
						  the operating conditions or monitoring requirements specified in the permit.
						  The Director may require a new trial burn to demonstrate compliance with the
						  regulatory performance standards
2
5. Operating requirements:
a. Modification of the limits specified in the permit
						  for minimum or maximum combustion gas temperature, minimum combustion gas
						  residence time, oxygen concentration in the secondary combustion chamber, flue
						  gas carbon monoxide and hydrocarbon concentration, maximum temperature at the
						  inlet to the particulate matter emission control system, or operating
						  parameters for the air pollution control system. The Director will require a
						  new trial burn to substantiate compliance with the regulatory performance
						  standards unless this demonstration can be made through other means
3
b. Modification of any stack gas emission limits
						  specified in the permit, or modification of any conditions in the permit
						  concerning emergency shutdown or automatic waste feed cutoff procedures or
						  controls
3
c. Modification of any other operating condition or any
						  inspection or recordkeeping requirement specified in the permit
2
6. Burning different wastes:
a. If the waste contains a POHC that is more difficult
						  to burn than authorized by the permit or if burning of the waste requires
						  compliance with different regulatory performance standards than specified in
						  the permit. The Director will require a new trial burn to substantiate
						  compliance with the regulatory performance standards unless this demonstration
						  can be made through other means
3
b. If the waste does not contain a POHC that is more
						  difficult to burn than authorized by the permit and if burning of the waste
						  does not require compliance with different regulatory performance standards
						  than specified in the permit
2
Note:
See §270.42(g) for modification
						  procedures to be used for the management of newly listed or identified
						  wastes
7. Shakedown and trial burn:
a. Modification of the trial burn plan or any of the
						  permit conditions applicable during the shakedown period for determining
						  operational readiness after
2
construction, the trial burn period, or the period
						  immediately following the trial burn
b. Authorization of up to an additional 720 hours of
						  waste burning during the shakedown period for determining operational readiness
						  after construction, with the prior approval of the Director
11
c. Changes in the operating requirements set in the
						  permit for conducting a trial burn, provided the change is minor and has
						  received the prior approval of the Director
11
d. Changes in the ranges of the operating requirements
						  set in the permit to reflect the results of the trial burn, provided the change
						  is minor and has received the prior approval of the Director
11
8. Substitution of an alternative type of nonhazardous
						  waste fuel that is not specified in the permit
1
9. Technology changes needed to meet standards under 40
						  CFR part 63 (Subpart EEE-National Emission Standards for Hazardous Air
						  Pollutants From Hazardous Waste Combustors), provided the procedures of
						  §270.42(j) are followed.
11
10. Changes to RCRA permit provisions needed to support
						  transition to 40 CFR part 63 (Subpart EEE-National Emission Standards for
						  Hazardous Air Pollutants From Hazardous Waste Combustors), provided the
						  procedures of §270.42(k) are followed.
M. Containment Buildings.
1. Modification or addition of containment building
						  units:
a. Resulting in greater than 25% increase in the
						  facility's containment building storage or treatment capacity
3
b. Resulting in up to 25% increase in the facility's
						  containment building storage or treatment capacity
2
2. Modification of a containment building unit or
						  secondary containment system without increasing the capacity of the unit
2
3. Replacement of a containment building with a
						  containment building that meets the same design standards provided:
a. The unit capacity is not increased
1
b. The replacement containment building meets the same
						  conditions in the permit
1
4. Modification of a containment building management
						  practice
2
5. Storage or treatment of different wastes in
						  containment buildings:
a. That require additional or different management
						  practices
3
b. That do not require additional or different
						  management practices
2
N. Corrective Action:
1. Approval of a corrective action management unit
						  pursuant to §264.552
3
2. Approval of a temporary unit or time extension for a
						  temporary unit pursuant to §264.553
2
3. Approval of a staging pile or staging pile operating
						  term extension pursuant to §264.554
2
O. Burden Reduction
1. [Reserved]
2. Development of one contingency plan based on
						  Integrated Contingency Plan Guidance pursuant to §264.52(b)
1
3. Changes to recordkeeping and reporting requirements
						  pursuant to: §§264.56(i), 264.343(a)(2), 264.1061(b)(1),(d),
						  264.1062(a)(2), 264.196(f), 264.100(g), and 264.113(e)(5)
1
4. Changes to inspection frequency for tank systems
						  pursuant to §264.195(b)
1
5. Changes to detection and compliance monitoring
						  program pursuant to §§264.98(d), (g)(2), and (g)(3), 264.99(f), and
						  (g)
FOOTNOTE: 
				1Class 1 modifications requiring prior
				Divisional approval.
§
			 270.43
Termination of permits
(a) The following are causes for terminating
			 a permit during its term, or for denying a permit renewal application:
(1) Noncompliance by the permittee with any
			 condition of the permit;
(2) The
			 permittee's failure in the application or during the permit issuance process to
			 disclose fully all relevant facts, or the permittee's misrepresentation of any
			 relevant facts at any time; or
(3)
			 A determination that the permitted activity endangers human health or the
			 environment and can only be regulated to acceptable levels by permit
			 modification or termination.
(b) The Director shall follow the applicable
			 procedures in APC&EC Rule No. 8, 40 CFR Part 124 or Part 22, as appropriate
			 in terminating any permit under this section.
Subsection E
- Expiration and
			 Continuation of Permits
§ 270.50
Duration of Permits
(a) HWM
			 permits shall be effective for a fixed term not to exceed 10 years.
(b) The term of a permit shall not be
			 extended by modification beyond the maximum duration specified in this
			 section.
(c) The Director may issue
			 any permit for a duration that is less than the full allowable term under this
			 section.
(d) Each permit for a land
			 disposal facility shall be reviewed by the Director five years after the date
			 of permit issuance or reissuance and shall be modified as necessary, as
			 provided in § 270.41.
§
			 270.51
Continuation of Expiring Permits
(a) EPA permits. When EPA is the
			 permit-issuing authority, the conditions of an expired permit continue in force
			 under
			 5
			 U.S.C. 558(c) until the
			 effective date of a new permit (see
			 40 CFR §
													124.15 ) if:
(1) The permittee has submitted a timely
			 application under § 270.14 and the applicable sections in §§
			 270.15 through 270.29 which is a complete (under § 270.10(c)) application
			 for a newpermit; and
(2) The
			 Regional Administrator through no fault of the permittee, does not issue a new
			 permit with an effective date under
			 40 CFR
			 124.15 on or before the expiration date of
			 the previous permit (for example, when issuance is impracticable due to time or
			 resource constraints).
(b) Effect. Permits continued under this
			 section remain fully effective and enforceable.
(c) Enforcement. When the permittee is not in
			 compliance with the conditions of the expiring or expired permit, the Regional
			 Administrator may choose to do any or all of the following:
(1) Initiate enforcement action based upon
			 the permit which has been continued;
(2) Issue a notice of intent to deny the new
			 permit under
			 40
			 CFR 124.6. If the permit is denied, the owner
			 or operator would then be required to cease the activities authorized by the
			 continued permit or be subject to enforcement action for operating without a
			 permit;
(3) Issue a new permit
			 under part 124 with appropriate conditions; or
(4) Take other actions authorized by these
			 rules.
(d) State
			 continuation. In a State with an hazardous waste program authorized under 40
			 CFR part 271, if a permittee has submitted a timely and complete application
			 under applicable State law and rules, the terms and conditions of an EPA-issued
			 RCRA permit continue in force beyond the expiration date of the permit, but
			 only until the effective date of the State's issuance or denial of a State RCRA
			 permit.
(e) Standardized permits.
(1) The conditions of your expired
			 standardized permit continue until the effective date of your new permit (see
			 40 CFR
			 124.15 ) if all of the following are true:
(i) If EPA is the permit-issuing
			 authority.
(ii) If you submit a
			 timely and complete Notice of Intent under
			 40
			 CFR 124.202(b) requesting
			 coverage under a RCRA standardized permit; and
(iii) If the Director, through no fault on
			 your part, does not issue your permit before your previous permit expires (for
			 example, where it is impractical to make the permit effective by that date
			 because of time or resource constraints).
(2) In some cases, the Director may notify
			 you that you are not eligible for a standardized permit (see
			 40
			 CFR 124.206 ). In those cases, the conditions
			 of your expired permit will continue if you submit the information specified in
			 paragraph (a)(1) of this section (that is, a complete application for a new
			 permit) within 60 days after you receive our notification that you are not
			 eligible for a standardized permit.
Subsection F
- Special Forms of
			 Permits
§ 270.60
Permits by
			 rule
Notwithstanding any other provision of this section or Rule No.
				8, the following shall be deemed to have an HWM permit if the conditions listed
				are met:
(a) [Reserved]
(b) Injection wells. The owner or operator of
			 an injection well disposing of hazardous waste, if the owner or operator:
(1) Has a permit for underground injection
			 issued under 40 CFR Part 144 or 145; and
(2) Complies with the conditions of that
			 permit and the requirements of § 144.14 (requirements for wells managing
			 hazardous waste).
(3) For UIC
			 permits issued after November 8, 1984:
(i)
			 Complies with Section 264.101; and
(ii) Where the UIC well is the only unit at a
			 facility which requires an HWM permit, complies with Section
			 270.14(d).
(c) Publicly owned treatment works. The owner
			 or operator of a POTW which accepts for treatment hazardous waste, if the owner
			 or operator:
(1) Has an NPDES
			 permit;
(2) Complies with the
			 conditions of that permit; and
(3)
			 Complies with the following rules:
(i) Section
			 264.11, Identification number;
(ii)
			 Section 264.71, Use of manifest system;
(iii) Section 264.72, Manifest
			 discrepancies;
(iv) Section
			 264.73(a) and (b)(1), Operating record;
(v) Section 264.75, Annual report;
(vi) Section 264.76, Unmanifested waste
			 report; and
(vii) For NPDES permits
			 issued after November 8, 1984, Section 264.101.
(4) If the waste meets all Federal, State,
			 and local pretreatment requirements which would be applicable to the waste if
			 it were being discharged into the POTW through a sewer, pipe, or similar
			 conveyance.
§
			 270.61
Emergency permits
(a) Notwithstanding any other provision of
			 this Section or Rule No. 8, in the event the Director finds an imminent and
			 substantial endangerment to human health or the environment the Director may
			 issue a temporary emergency permit:
(1) To a
			 non-permitted facility to allow treatment, storage, or disposal of hazardous
			 waste or
(2) to a permitted
			 facility to allow treatment, storage, or disposal of a hazardous waste not
			 covered by an effective permit.
(b) This emergency permit:
(1) May be oral or written. If oral, it shall
			 be followed in five days by a written emergency permit;
(2) Shall not exceed 90 days in
			 duration;
(3) Shall clearly specify
			 the hazardous wastes to be received, and the manner and location of their
			 treatment, storage, or disposal;
(4) May be terminated by the Director at any
			 time without process if he or she determines that termination is appropriate to
			 protect human health and the environment;
(5) Shall be accompanied by a public notice
			 published under Rule No. 8 and § 270.7 of this Rule including:
(i) Name and address of the office granting
			 the emergency authorization;
(ii)
			 Name and location of the permitted HWM facility;
(iii) A brief description of the wastes
			 involved;
(iv) A brief description
			 of the action authorized and reasons for authorizing it; and
(v) Duration of the emergency permit;
			 and
(6) Shall
			 incorporate, to the extent possible and not inconsistent with the emergency
			 situation, all applicable requirements of this part and Sections 264 and
			 266.
§
			 270.62
Hazardous waste incinerator permits
When an owner or operator of a hazardous waste incineration
				unit becomes subject to RCRA permit requirements after October 12, 2005, or
				when an owner or operator of an existing hazardous waste incineration unit
				demonstrates compliance with the air emission standards and limitations in 40
				CFR Part 63, subpart EEE, (i.e., by conducting a comprehensive performance test
				and submitting a Notification of Compliance under 40 CFR Part 63.1207(j) and
				63.1210(d) documenting compliance with all applicable requirements of 40 CFR
				Part 63, subpart EEE, ), the requirements of this section do not apply, except
				those provisions the Director determines are necessary to ensure compliance
				with Sections 264.345(a) and 264.345(c) of this Rule if you elect to comply
				with § 270.235(a)(1)(i) to minimize emissions of toxic compounds from
				startup, shutdown, and malfunction events. Nevertheless, the Director may apply
				the provisions of this section, on a case-by-case basis, for purposes of
				information collection in accordance with §§ 270.10(k), 270.10(l),
				270.32(b)(2), and 270.32(b)(3) of this Rule.
(a) For the purposes of determining
			 operational readiness following completion of physical construction, the
			 Director must establish permit conditions, including but not limited to
			 allowable waste feeds and operating conditions, in the permit to a new
			 hazardous waste incinerator. These permit conditions will be effective for the
			 minimum time required to bring the incinerator to a point of operational
			 readiness to conduct a trial burn, not to exceed 720 hours operating time for
			 treatment of hazardous waste. The Director may extend the duration of this
			 operational period once, for up to 720 additional hours, at the request of the
			 applicant when good cause is shown. The permit may be modified to reflect the
			 extension according to § 270.42 of this rule.
(1) Applicants must submit a statement, with
			 PartB of the permit application, which suggests the conditions necessary to
			 operate in compliance with the performance standards of § 264.343 of this
			 rule during this period. This statement should include, at a minimum,
			 restrictions on waste constituents, waste feed rates and the operating
			 parameters identified in § 264.345 of this rule.
(2) The Director will review this statement
			 and any other relevant information submitted with Part B of the permit
			 application and specify requirements for this period sufficient to meet the
			 performance standards of § 264.343 of this rule based on his engineering
			 judgment.
(b) For the
			 purposes of determining feasibility of compliance with the performance
			 standards of § 264.343 of this rule and of determining adequate operating
			 conditions under § 264.345 of this rule, the Director must establish
			 conditions in the permit for a new hazardous waste incinerator to be effective
			 during the trial burn.
(1) Applicants must
			 propose a trial burn plan, prepared under paragraph (b)(2) of this section with
			 a Part B of the permit application.
(2) The trial burn plan must include the
			 following information:
(i) An analysis of each
			 waste or mixture of wastes to be burned which includes:
(A) Heat value of the waste in the form and
			 composition in which it will be burned.
(B) Viscosity (if applicable), or description
			 of the physical form of the waste.
(C) An identification of any hazardous
			 organic constituents listed in Section 261, appendix VIII of this rule, which
			 are present in the waste to be burned, except that the applicant need not
			 analyze for constituents listed in Section 261, appendix VIII, of this rule
			 which would reasonably not be expected to be found in the waste. The
			 constituents excluded from analysis must be identified, and the basis for the
			 exclusion stated. The waste analysis must rely on appropriate analytical
			 techniques.
(D) An approximate
			 quantification of the hazardous constituents identified in the waste, within
			 the precision produced by appropriate analytical methods.
(ii) A detailed engineering description of
			 the incinerator for which the permit is sought including:
(A) Manufacturer's name and model number of
			 incinerator (if available).
(B)
			 Type of incinerator.
(C) Linear
			 dimensions of the incinerator unit including the cross sectional area of
			 combustion chamber.
(D) Description
			 of the auxiliary fuel system (type/feed).
(E) Capacity of prime mover.
(F) Description of automatic waste feed
			 cut-off system(s).
(G) Stack gas
			 monitoring and pollution control equipment. (H) Nozzle and burner design.
(I) Construction materials.
(J) Location and description of
			 temperature, pressure, and flow indicating and control devices.
(iii) A detailed description of
			 sampling and monitoring procedures, including sampling and monitoring locations
			 in the system, the equipment to be used, sampling and monitoring frequency, and
			 planned analytical procedures for sample analysis.
(iv) A detailed test schedule for each waste
			 for which the trial burn is planned including date(s), duration, quantity of
			 waste to be burned, and other factors relevant to the Director's decision under
			 paragraph (b)(5) of this section.
(v) A detailed test protocol, including, for
			 each waste identified, the ranges of temperature, waste feed rate, combustion
			 gas velocity, use of auxiliary fuel, and any other relevant parameters that
			 will be varied to affect the destruction and removal efficiency of the
			 incinerator.
(vi) A description of,
			 and planned operating conditions for, any emission control equipment which will
			 be used.
(vii) Procedures for
			 rapidly stopping waste feed, shutting down the incinerator, and controlling
			 emissions in the event of an equipment malfunction.
(viii) Such other information as the Director
			 reasonably finds necessary to determine whether to approve the trial burn plan
			 in light of the purposes of this paragraph and the criteria in paragraph (b)(5)
			 of this section.
(3) The
			 Director, in reviewing the trial burn plan, shall evaluate the sufficiency of
			 the information provided and may require the applicant to supplement this
			 information, if necessary, to achieve the purposes of this paragraph.
(4) Based on the waste analysis data in the
			 trial burn plan, the Director will specify as trial Principal Organic Hazardous
			 Constituents (POHCs), those constituents for which destruction and removal
			 efficiencies must be calculated during the trial burn. These trial POHCs will
			 be specified by the Director based on his estimate of the difficulty of
			 incineration of the constituents identified in the waste analysis, their
			 concentration or mass in the waste feed, and, for wastes listed in Section 261,
			 Subsection D, of this rule, the hazardous waste organic constituent or
			 constituents identified in Appendix VII of that part as the basis for
			 listing.
(5) The Director shall
			 approve a trial burn plan if he finds that:
(i) The trial burn is likely to determine
			 whether the incinerator performance standard required by § 264.343 of this
			 rule can be met;
(ii) The trial
			 burn itself will not present an imminent hazard to human health or the
			 environment;
(iii) The trial burn
			 will help the Director to determine operating requirements to be specified
			 under § 264.345 of this rule; and
(iv) The information sought in paragraphs
			 (b)(5) (i) and (ii) of this section cannot reasonably be developed through
			 other means.
(6) The
owner or operator
must send a notice to all persons on the
			 facility mailing list as set forth in
			 40 CFR
			 124.10(c)(1)(ix) and to the
			 appropriate units of State and local government as set forth in
			 40 CFR
			 124.10(c)(1)(x) announcing
			 the scheduled commencement and completion dates for the trial burn. The
			 applicant may not commence the trial burn until after such notice has been
			 issued.
(i) This notice must be mailed within
			 a reasonable time period before the scheduled trial burn. An additional notice
			 is not required if the trial burn is delayed due to circumstances beyond the
			 control of the facility or the permitting agency.
(ii) This notice must contain:
(A) The name and telephone number of the
			 applicant's contact person;
(B) The
			 name and telephone number of the permitting agency's contact office;
(C) The location where the approved trial
			 burn plan and any supporting documents can be reviewed and copied;
			 and
(D) An expected time period for
			 commencement and completion of the trial burn.
(7) During each approved trial burn (or as
			 soon after the burn as is practicable), the applicant must make the following
			 determinations:
(i) A quantitative analysis of
			 the trial POHCs in the waste feed to the incinerator.
(ii) A quantitative analysis of the exhaust
			 gas for the concentration and mass emissions of the trial POHCs, oxygen (O2)
			 and hydrogen chloride (HCl).
(iii)
			 A quantitative analysis of the scrubber water (if any), ash residues, and other
			 residues, for the purpose of estimating the fate of the trial POHCs.
(iv) A computation of destruction and removal
			 efficiency (DRE), in accordance with the DRE formula specified in §
			 264.343(a) of this rule.
(v) If the
			 HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a
			 computation of HCl removal efficiency in accordance with § 264.343(b) of
			 this rule.
(vi) A computation of
			 particulate emissions, in accordance with § 264.343(c) of this
			 rule.
(vii) An identification of
			 sources of fugitive emissions and their means of control.
(viii) A measurement of average, maximum, and
			 minimum temperatures and combustion gas velocity.
(ix) A continuous measurement of carbon
			 monoxide (CO) in the exhaust gas.
(x) Such other information as the Director
			 may specify as necessary to ensure that the trial burn will determine
			 compliance with the performance standards in § 264.343 of this rule and to
			 establish the operating conditions required by § 264.345 of this rule as
			 necessary to meet that performance standard.
(8) The applicant must submit to the Director
			 a certification that the trial burn has been carried out in accordance with the
			 approved trial burn plan, and must submit the results of all the determinations
			 required in paragraph (b)(7) of this section. This submission shall be made
			 within 90 days of completion of the trial burn, or later if approved by the
			 Director.
(9) All data collected
			 during any trial burn must be submitted to the Director following the
			 completion of the trial burn.
(10)
			 All submissions required by this paragraph must be certified on behalf of the
			 applicant by the signature of a person authorized to sign a permit application
			 or a report under § 270.11.
(11) Based on the results of the trial burn,
			 the Director shall set the operating requirements in the final permit according
			 to § 264.345 of this rule. The permit modification shall proceed according
			 to § 270.42.
(c)
			 For the purposes of allowing operation of a new hazardous waste incinerator
			 following completion of the trial burn and prior to final modification of the
			 permit conditions to reflect the trial burn results, the Director may establish
			 permit conditions, including but not limited to allowable waste feeds and
			 operating conditions sufficient to meet the requirements of § 264.345 of
			 this rule, in the permit to a new hazardous waste incinerator. These permit
			 conditionswill be effective for the minimum time required to complete sample
			 analysis, data computation and submission of the trial burn results by the
			 applicant, and modification of the facility permit by the Director.
(1) Applicants must submit a statement, with
			 Part B of the permit application, which identifies the conditions necessary to
			 operate in compliance with the performance standards of § 264.343 of this
			 rule, during this period. This statement should include, at a minimum,
			 restrictions on waste constituents, waste feed rates, and the operating
			 parameters in § 264.345 of this rule.
(2) The Director will review this statement
			 and any other relevant information submitted with Part B of the permit
			 application and specify those requirements for this period most likely to meet
			 the performance standards of § 264.343 of this rule based on his
			 engineering judgment.
(d) For the purpose of determining
			 feasibility of compliance with the performance standards of § 264.343 of
			 this rule and of determining adequate operating conditions under § 264.345
			 of this rule, the applicant for a permit for an existing hazardous waste
			 incinerator must prepare and submit a trial burn plan and perform a trial burn
			 in accordance with § 270.19(b) and paragraphs (b)(2) through (b)(5) and
			 (b)(7) through (b)(10) of this rule or, instead, submit other information as
			 specified in § 270.19(c). The Director must announce his or her intention
			 to approve the trial burn plan in accordance with the timing and distribution
			 requirements of paragraph (b)(6) of this section. The contents of the notice
			 must include: the name and telephone number of a contact person at the
			 facility; the name and telephone number of a contact office at the permitting
			 agency; the location where the trial burn plan and any supporting documents can
			 be reviewed and copied; and a schedule of the activities that are required
			 prior to permit issuance, including the anticipated time schedule for agency
			 approval of the plan and the time period during which the trial burn would be
			 conducted. Applicants submitting information under § 270.19(a) are exempt
			 from compliance with §§ 264.343 and 264.345 and, therefore, are
			 exempt from the requirement to conduct a trial burn. Applicants who submit
			 trial burn plans and receive approval before submission of a permit application
			 must complete the trial burn and submit the results, specified in paragraph
			 (b)(7) of this section, with part B of the permit application. If completion of
			 this process conflicts with the date set for submission of the part B
			 application, the applicant must contact the Director to establish a later date
			 for submission of the part B application or the trial burn results. Trial burn
			 results must be submitted prior to issuance of the permit. When the applicant
			 submits a trial burn plan with part B of the permit application, the Director
			 will specify a time period prior to permit issuance in which the trial burn
			 must be conducted and the results submitted.
§ 270.63
Permits for land
			 treatment demonstrations using field test or laboratory analyses
(a) For the purpose of allowing an owner or
			 operator to meet the treatment demonstration requirements of § 264.272 of
			 this rule, the Director may issue a treatment demonstration permit. The permit
			 must contain only those requirements necessary to meet the standards in §
			 264.272(c). The permit may be issued either as a treatment or disposal permit
			 covering only the field test or laboratory analyses, or as a two-phase facility
			 permit covering the field tests, or laboratory analyses, and design,
			 construction operation and maintenance of the land treatment unit.
(1) The Director may issue a two-phase
			 facility permit if he finds that, based on information submitted in Part B of
			 the application, substantial, although incomplete or inconclusive, information
			 already exists upon which to base the issuance of a facility permit.
(2) If the Director finds that not enough
			 information exists upon which he can establish permit conditions to attempt to
			 provide for compliance with all of the requirements of Subsection M, he must
			 issue a treatment demonstration permit covering only the field test or
			 laboratory analyses.
(b)
			 If the Director finds that a phased permit may be issued, he will establish, as
			 requirements in the first phase of the facility permit, conditions for
			 conducting the field tests or laboratory analyses. These permit conditions will
			 include design and operating parameters (including the duration of the tests or
			 analyses and, in the case of field tests, the horizontal and vertical
			 dimensions of the treatment zone), monitoring procedures, post-demonstration
			 clean-up activities, and any other conditions which the Director finds may be
			 necessary under § 264.272(c). The Director will include conditions in the
			 second phase of the facility permit to attempt to meet all Subsection M
			 requirements pertaining to unit design, construction, operation, and
			 maintenance. The Director will establish these conditions in the second phase
			 of the permit based upon the substantial but incomplete or inconclusive
			 information contained in the Part B application.
(1) The first phase of the permit will be
			 effective as provided in § 124.15(b) of this rule.
(2) The second phase of the permit will be
			 effective as provided in paragraph (d) of this section.
(c) When the owner or operator who has been
			 issued a two-phase permit has completed the treatment demonstration, he must
			 submit to the Director a certification, signed by a person authorized to sign a
			 permit application or report under § 270.11, that the field tests or
			 laboratory analyses have been carried out in accordance with the conditions
			 specified in phase one of the permit for conducting such tests or analyses. The
			 owner or operator must also submit all data collected during the field tests or
			 laboratory analyses within 90 days of completion of those tests or analyses
			 unless the Director approves a later date.
(d) If the Director determines that the
			 results of the field tests or laboratory analyses meet the requirements of
			 § 264.272 of this rule, he will modify the second phase of the permit to
			 incorporate any requirements necessary for operation of the facility in
			 compliance with part 264, Subsection M, of this rule, based upon the results of
			 the field tests or laboratory analyses.
(1)
			 This permit modification may proceed under § 270.42, or otherwise will
			 proceed as a modification under § 270.41(a)(2). If such modifications are
			 necessary, the second phase of the permit will become effective only after
			 those modifications have been made.
(2) If no modifications of the second phase
			 of the permit are necessary, the Director will give notice of his final
			 decision to the permit applicant and to each person who submitted written
			 comments on the phased permit or who requested notice of the final decision on
			 the second phase of the permit. The second phase of the permit then will become
			 effective as specified in § 124.15(b).
§ 270.64
Interim permits for UIC
			 wells
The Director may issue a permit under this part to any Class I
				UIC well (see
				40 CFR
				144.6 ) injecting hazardous wastes. Any such
				permit shall apply and insure compliance with all applicable requirements of 40
				CFR part 264, Subsection R (RCRA standards for wells), and shall be for a term
				not to exceed two years.
§
			 270.65
Research, development, and demonstration
			 permits
(a) The Director may issue a
			 research, development, and demonstration permit for any hazardous waste
			 treatment facility which proposes to utilize an innovative and experimental
			 hazardous waste treatment technology or process for which permit standards for
			 such experimental activity have not been promulgated under Section 264 or 266.
			 Any such permit shall include such terms and conditions as will assure
			 protection of human health and the environment. Such permits:
(1) Shall provide for the construction of
			 such facilities as necessary, and for operation of the facility for not longer
			 than one year unless renewed as provided in paragraph (d) of this section,
			 and
(2) Shall provide for the
			 receipt and treatment by the facility of only those types and quantities of
			 hazardous waste which the Director deems necessary for purposes of determining
			 the efficacy and performance capabilities of the technology or process and the
			 effects of such technology or process on human health and the environment,
			 and
(3) Shall include such
			 requirements as the Director deems necessary to protect human health and the
			 environment (including, but not limited to, requirements regarding monitoring,
			 operation, financial responsibility, closure, and remedial action), and such
			 requirements as the Director deems necessary regarding testing and providing of
			 information to the Director with respect to the operation of the
			 facility.
(b) For the
			 purpose of expediting review and issuance of permits under this section, the
			 Director may, consistent with the protection of human health and the
			 environment, modify or waive permit application and permit issuance
			 requirements in Section 270 and Rule No. 8 except that there may be no
			 modification or waiver of rules regarding financial responsibility (including
			 insurance) or of procedures regarding public participation.
(c) The Director may order an immediate
			 termination of all operations at the facility at any time he determines that
			 termination is necessary to protect human health and the environment.
(d) Any permit issued under this section may
			 be renewed not more than three times. Each such renewal shall be for a period
			 of not more than 1 year.
§
			 270.66
Permits for boilers and industrial furnaces burning
			 hazardous waste
When an owner or operator of a cement kiln, lightweight
				aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
				production furnace becomes subject to RCRA permit requirements after October
				12, 2005 or when an owner or operator of an existing cement kiln, lightweight
				aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
				production furnace demonstrates compliance with the air emission standards and
				limitations in 40 CFR Part 63, subpart EEE, (i.e., by conducting a
				comprehensive performance test and submitting a Notification of Compliance
				under 40 CFR Part 63.1207(j) and 63.1210(d) documenting compliance with all
				applicable requirements of 40 CFR Part 63, subpart EEE, ), the requirements of
				this section do not apply. The requirements of this section do apply, however,
				if the Director determines certain provisions are necessary to ensure
				compliance with §§ 266.102(e)(1) and 266.102(e)(2)(iii) of this Rule
				if you elect to comply with § 270.235(a)(1)(i) to minimize emissions of
				toxic compounds from startup, shutdown, and malfunction events; or if you are
				an area source and elect to comply with the §§ 266.105, 266.106, and
				266.107 standards and associated requirements for particulate matter, hydrogen
				chloride and chlorine gas, and non-mercury metals; or the Director determines
				certain provisions apply, on a case-by-case basis, for purposes of information
				collection in accordance with §§ 270.10(k), 270.10(l), 270.32(b)(2),
				and 270.32(b)(3) of this Rule.
(a)
			 General. Owners and operators of new boilers and industrial furnaces (those not
			 operating under the interim status standards of § 266.103 of this rule)
			 are subject to paragraphs (b) through (f) of this section. Boilers and
			 industrial furnaces operating under the interim status standards of §
			 266.103 of this rule are subject to paragraph (g) of this section.
(b) Permit operating periods for new boilers
			 and industrial furnaces. A permit for a new boiler or industrial furnace shall
			 specify appropriate conditions for the following operating periods:
(1) Pretrial burn period. For the period
			 beginning with initial introduction of hazardous waste and ending with
			 initiation of the trial burn, and only for the minimum time required to bring
			 the boiler or industrial furnace to a point of operational readiness to conduct
			 a trial burn, not to exceed 720 hours operating time when burning hazardous
			 waste, the Director must establish in the Pretrial Burn Period of the permit
			 conditions, including but not limited to, allowable hazardous waste feed rates
			 and operating conditions. The Director may extend the duration of this
			 operational period once, for up to 720 additional hours, at the request of the
			 applicant when good cause is shown. The permit may be modified to reflect the
			 extension according to § 270.42.
(i)
			 Applicants must submit a statement, with part B of the permit application, that
			 suggests the conditions necessary to operate in compliance with the standards
			 of §§ 266.104 through 266.107 of this rule during this period. This
			 statement should include, at a minimum, restrictions on the applicable
			 operating requirements identified in § 266.102(e) of this rule.
(ii) The Director will review this statement
			 and any other relevant information submitted with part B of the permit
			 application and specify requirements for this period sufficient to meet the
			 performance standards of §§ 266.104 through 266.107 of this rule
			 based on his/her engineering judgment.
(2) Trial burn period. For the duration of
			 the trial burn, the Director must establish conditions in the permit for the
			 purposes of determining feasibility of compliance with the performance
			 standards of §§ 266.104 through 266.107 of this rule and determining
			 adequate operating conditions under § 266.102(e) of this rule. Applicants
			 must propose a trial burn plan, prepared under paragraph (c) of this section,
			 to be submitted with part B of the permit application.
(3) Post-trial burn period.
(i) For the period immediately following
			 completion of the trial burn, and only for the minimum period sufficient to
			 allow sample analysis, data computation, and submission of the trial burn
			 results by the applicant, and review of the trial burn results and modification
			 of the facility permit by the Director to reflect the trial burn results, the
			 Director will establish the operating requirements most likely to ensure
			 compliance with the performance standards of §§ 266.104 through
			 266.107 of this rule based on his engineering judgment.
(ii) Applicants must submit a statement, with
			 part B of the application, that identifies the conditions necessary to operate
			 during this period in compliance with the performance standards of §§
			 266.104 through 266.107 of this rule. This statement should include, at a
			 minimum, restrictions on the operating requirements provided by §
			 266.102(e) of this rule.
(iii) The
			 Director will review this statement and any other relevant information
			 submitted with part B of the permit application and specify requirements for
			 this period sufficient to meet the performance standards of §§
			 266.104 through 266.107 of this rule based on his/her engineering
			 judgment.
(4) Final
			 permit period. For the final period of operation, the Director will develop
			 operating requirements in conformance with § 266.102(e) of this rule that
			 reflect conditions in the trial burn plan and are likely to ensure compliance
			 with the performance standards of §§ 266.104 through 266.107 of this
			 rule. Based on the trial burn results, the Director shall make any necessary
			 modifications to the operating requirements to ensure compliance with the
			 performance standards. The permit modification shall proceed according to
			 § 270.42.
(c)
			 Requirements for trial burn plans. The trial burn plan must include the
			 following information. The Director, in reviewing the trial burn plan, shall
			 evaluate the sufficiency of the information provided and may require the
			 applicant to supplement this information, if necessary, to achieve the purposes
			 of this paragraph:
(1) An analysis of each
			 feed stream, including hazardous waste, other fuels, and industrial furnace
			 feed stocks, as fired, that includes:
(i)
			 Heating value, levels of antimony, arsenic, barium, beryllium, cadmium,
			 chromium, lead, mercury, silver, thallium, total chlorine/chloride, and ash;
(ii) Viscosity or description of
			 the physical form of the feed stream;
(2) An analysis of each hazardous waste, as
			 fired, including:
(i) An identification of any
			 hazardous organic constituents listed in appendix VIII, Section 261, of this
			 rule that are present in the feed stream, except that the applicant need not
			 analyze for constituents listed in appendix VIII that would reasonably not be
			 expected to be found in the hazardous waste. The constituents excluded from
			 analysis must be identified and the basis for this exclusion explained. The
			 waste analysis must be conducted in accordance with appropriate analytical
			 techniques.
(ii) An approximate
			 quantification of the hazardous constituents identified in the hazardous waste,
			 within the precision produced by appropriate analytical methods.
(iii) A description of blending procedures,
			 if applicable, prior to firing the hazardous waste, including a detailed
			 analysis of the hazardous waste prior to blending, an analysis of the material
			 with which the hazardous waste is blended, and blending ratios.
(3) A detailed engineering
			 description of the boiler or industrial furnace, including:
(i) Manufacturer's name and model number of
			 the boiler or industrial furnace;
(ii) Type of boiler or industrial
			 furnace;
(iii) Maximum design
			 capacity in appropriate units;
(iv)
			 Description of the feed system for the hazardous waste, and, as appropriate,
			 other fuels and industrial furnace feedstocks;
(v) Capacity of hazardous waste feed
			 system;
(vi) Description of
			 automatic hazardous waste feed cutoff system(s); and
(vii) Description of any pollution control
			 system; and
(viii) Description of
			 stack gas monitoring and any pollution control monitoring systems.
(4) A detailed description of
			 sampling and monitoring procedures including sampling and monitoring locations
			 in the system, the equipment to be used, sampling and monitoring frequency, and
			 planned analytical procedures for sample analysis.
(5) A detailed test schedule for each
			 hazardous waste for which the trial burn is planned, including date(s),
			 duration, quantity of hazardous waste to be burned, and other factors relevant
			 to the Director's decision under paragraph (b)(2) of this section.
(6) A detailed test protocol, including, for
			 each hazardous waste identified, the ranges of hazardous waste feed rate, and,
			 as appropriate, the feed rates of other fuels and industrial furnace
			 feedstocks, and any other relevant parameters that may affect the ability of
			 the boiler or industrial furnace to meet the performance standards in
			 §§ 266.104 through 266.107 of this rule.
(7) A description of, and planned operating
			 conditions for, any emission control equipment that will be used.
(8) Procedures for rapidly stopping the
			 hazardous waste feed and controlling emissions in the event of an equipment
			 malfunction.
(9) Such other
			 information as the Director reasonably finds necessary to determine whether to
			 approve the trial burn plan in light of the purposes of this paragraph and the
			 criteria in paragraph (b)(2) of this section.
(d) Trial burn procedures.
(1) A trial burn must be conducted to
			 demonstrate conformance with the standards of §§ 266.104 through
			 266.107 of this rule under an approved trial burn plan. (2) The Director shall
			 approve a trial burn plan if he/she finds that:
(i) The trial burn is likely to determine
			 whether the boiler or industrial furnace can meet the performance standards of
			 §§ 266.104 through 266.107 of this rule;
(ii) The trial burn itself will not present
			 an imminent hazard to human health and the environment;
(iii) The trial burn will help the Director
			 to determine operating requirements to be specified under § 266.102(e) of
			 this rule; and
(iv) The information
			 sought in the trial burn cannot reasonably be developed through other
			 means.
(3) The
owner or operator
must send a notice to all persons on the facility
			 mailing list as set forth in
			 40 CFR
			 124.10(c)(1)(ix) and to the
			 appropriate units of State and local government as set forth in
			 40 CFR
			 124.10(c)(1)(x) announcing
			 the scheduled commencement and completion dates for the trial burn. The
			 applicant may not commence the trial burn until after such notice has been
			 issued.
(i) This notice must be mailed within
			 a reasonable time period before the trial burn. An additional notice is not
			 required if the trial burn is delayed due to circumstances beyond the control
			 of the facility or the permitting agency.
(ii) This notice must contain:
(A) The name and telephone number of
			 applicant's contact person;
(B) The
			 name and telephone number of the permitting agency contact office;
(C) The location where the approved trial
			 burn plan and any supporting documents can be reviewed and copied;
			 and
(D) An expected time period for
			 commencement and completion of the trial burn.
(4) The applicant must submit to the Director
			 a certification that the trial burn has been carried out in accordance with the
			 approved trial burn plan, and must submit the results of all the determinations
			 required in paragraph (c) of this section. This submission shall be made within
			 90 days of completion of the trial burn, or later if approved by the
			 Director.
(5) All data collected
			 during any trial burn must be submitted to the Director following completion of
			 the trial burn.
(6) All submissions
			 required by this paragraph must be certified on behalf of the applicant by the
			 signature of a person authorized to sign a permit application or a report under
			 § 270.11.
(e)
			 Special procedures for DRE trial burns. When a DRE trial burn is required under
			 § 266.104(a) of this rule, the Director will specify (based on the
			 hazardous waste analysis data and other information in the trial burn plan) as
			 trial Principal Organic Hazardous Constituents (POHCs) those compounds for
			 which destruction and removal efficiencies must be calculated during the trial
			 burn. These trial POHCs will be specified by the Director based on information
			 including his/her estimate of the difficulty of destroying the constituents
			 identified in the hazardous waste analysis, their concentrations or mass in the
			 hazardous waste feed, and, for hazardous waste containing or derived from
			 wastes listed in Section 261, Subsection D of this rule, the hazardous waste
			 organic constituent(s) identified in Appendix VII of that part as the basis for
			 listing.
(f) Determinations based
			 on trial burn. During each approved trial burn (or as soon after the burn as is
			 practicable), the applicant must make the following determinations:
(1) A quantitative analysis of the levels of
			 antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury,
			 thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste,
			 other fuels, and industrial furnace feedstocks);
(2) When a DRE trial burn is required under
			 § 266.104(a) of this rule:
(i) A
			 quantitative analysis of the trial POHCs in the hazardous waste feed;
(ii) A quantitative analysis of the stack gas
			 for the concentration and mass emissions of the trial POHCs; and
(iii) A computation of destruction and
			 removal efficiency (DRE), in accordance with the DRE formula specified in
			 § 266.104(a) of this rule;
(3) When a trial burn for chlorinated dioxins
			 and furans is required under § 266.104(e) of this rule, a quantitative
			 analysis of the stack gas for the concentration and mass emission rate of the
			 2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and
			 furans, and a computation showing conformance with the emission
			 standard.
(4) When a trial burn for
			 particulate matter, metals, or HCl/Cl2 is required under §§ 266.105,
			 266.106 (c) or (d), or 266.107 (b)(2) or (c) of this rule, a quantitative
			 analysis of the stack gas for the concentrations and mass emissions of
			 particulate matter, metals, or hydrogen chloride (HCl) and chlorine (Cl2), and
			 computations showing conformance with the applicable emission performance
			 standards;
(5) When a trial burn
			 for DRE, metals, or HCl/Cl2 is required under §§ 266.104(a), 266.106
			 (c) or (d), or 266.107 (b)(2) or (c) of this rule, a quantitative analysis of
			 the scrubber water (if any), ash residues, other residues, and products for the
			 purpose of estimating the fate of the trial POHCs, metals, and
			 chlorine/chloride;
(6) An
			 identification of sources of fugitive emissions and their means of
			 control;
(7) A continuous
			 measurement of carbon monoxide (CO), oxygen, and where required, hydrocarbons
			 (HC), in the stack gas; and
(8)
			 Such other information as the Director may specify as necessary to ensure that
			 the trial burn will determine compliance with the performance standards in
			 §§ 266.104 through 266.107 of this rule and to establish the
			 operating conditions required by § 266.102(e) of this rule as necessary to
			 meet those performance standards.
(g) Interim status boilers and industrial
			 furnaces. For the purpose of determining feasibility of compliance with the
			 performance standards of § 266.104 through 266.107 of this rule and of
			 determining adequate operating conditions under § 266.103 of this rule,
			 applicants owning or operating existing boilers or industrial furnaces operated
			 under the interim status standards of § 266.103 of this rule must either
			 prepare and submit a trial burn plan and perform a trial burn in accordance
			 with the requirements of this section or submit other information as specified
			 in § 270.22(a)(6). The Director must announce his or her intention to
			 approve of the trial burn plan in accordance with the timing and distribution
			 requirements of paragraph (d)(3) of this section. The contents of the notice
			 must include: the name and telephone number of a contact person at the
			 facility; the name and telephone number of a contact office at the permitting
			 agency; the location where the trial burn plan and any supporting documents can
			 be reviewed and copied; and a schedule of the activities that are required
			 prior to permit issuance, including the anticipated time schedule for agency
			 approval of the plan and the time periods during which the trial burn would be
			 conducted. Applicants who submit a trial burn plan and receive approval before
			 submission of the part B permit application must complete the trial burn and
			 submit the results specified in paragraph (f) of this section with the part B
			 permit application. If completion of this process conflicts with the date set
			 for submission of the part B application, the applicant must contact the
			 Director to establish a later date for submission of the part B application or
			 the trial burn results. If the applicant submits a trial burn plan with part B
			 of the permit application, the trial burn must be conducted and the results
			 submitted within a time period prior to permit issuance to be specified by the
			 Director.
§ 270.67
RCRA standardized permits for storage and treatment units
RCRA standardized permits are special forms of permits for TSD
				owners or operators that:
(a) Generate
			 hazardous waste and then non-thermally treat or store the hazardous waste
			 on-site in tanks, containers, or containment buildings; or
(b) Receive hazardous waste generated
			 off-site by a generator under the same ownership as the receiving facility, and
			 then store or non-thermally treat the hazardous waste in containers, tanks, or
			 containment buildings. Standardized permit facility owners or operators are
			 regulated under Subsection J of this Section, 40 CFR Part 124 Subsection G,
			 Rule No. 8, and Section 267 of this Rule.
§ 270.68
Remedial Action Plans
			 (RAPs)
Remedial Action Plans (RAPs) are special forms of permits that
				are regulated under subsection H of this Section.
Subsection G
-- Interim Status
§ 270.70
Qualifying for interim
			 status
(a)
Any person who owns
			 or operates an existing hazardous waste management facility shall have interim
			 status and shall be treated as having been issued a permit to the extent he or
			 she has complied with the requirements of Act 406 of 1979 (Ark. Code, Ann.
			 §§ 8-7-201et seq.), as amended, § 270.10(e) , and § 3010(a)
			 of RCRA.
(b)
If
			 the Division determines that a Part A application is deficient it may notify
			 the owner or operator that he or she is not entitled to interim status. The
			 owner or operator will then be subject to enforcement for operating without a
			 permit.
§
			 270.71
Operation during interim status
(a) During the interim status period the
			 facility shall not:
(1) Treat, store, or
			 dispose of hazardous waste not specified in Part A of the permit
			 application;
(2) Employ processes
			 not specified in Part A of the permit application; or
(3) Exceed the design capacities specified in
			 Part A of the permit application.
(b) Interim status standards. During interim
			 status, owners or operators shall comply with the interim status standards at
			 Section 265 and 40 CFR Part 265.
§ 270.72
Changes during interim
			 status
(a) Except as provided in
			 paragraph (b), the owner or operator of an interim status facility may make the
			 following changes at the facility:
(1)
			 Treatment, storage, or disposal of new hazardous wastes not previously
			 identified in Part A of the permit application (and, in the case of newly
			 listed or identified wastes, addition of the units being used to treat, store,
			 or dispose of the hazardous wastes on the effective date of the listing or
			 identification) if the owner or operator submits a revised Part A permit
			 application prior to such treatment, storage, or disposal;
(2) Increases in the design capacity of
			 processes used at the facility if the owner or operator submits a revised Part
			 A permit application prior to such a change (along with a justification
			 explaining the need for the change) and the Director approves the changes
			 because:
(i) There is a lack of available
			 treatment, storage, or disposal capacity at other hazardous waste management
			 facilities, or
(ii) The change is
			 necessary to comply with a Federal, State, or local requirement.
(3) Changes in the processes for
			 the treatment, storage, or disposal of hazardous waste or addition of processes
			 if the owner or operator submits a revised Part A permit application prior to
			 such change (along with a justification explaining the need for the change) and
			 the Director approves the change because:
(i)
			 The change is necessary to prevent a threat to human health and the environment
			 because of an emergency situation, or
(ii) The change is necessary to comply with a
			 Federal, State, or local requirement.
(4) Changes in the ownership or operational
			 control of a facility if the new owner or operator submits a revised Part A
			 permit application no later than 90 days prior to the scheduled change. When a
			 transfer of operational control of a facility occurs, the old owner or operator
			 shall comply with the requirements of Section 265, Subsection H (Financial
			 Requirements), until the new owner or operator has demonstrated to the Director
			 that he is complying with the requirements of that Subsection. The new owner or
			 operator must demonstrate compliance with Subsection H requirements within six
			 months of the date of the change in ownership or operational control of the
			 facility. Upon demonstration to the Director by the new owner or operator of
			 compliance with Subsection H, the Director shall notify the old owner or
			 operator in writing that he no longer needs to comply with Subsection H as of
			 the date of demonstration. All other interim status duties are transferred
			 effective immediately upon the date of the change in ownership or operational
			 control of the facility.
(5)
			 Changes made in accordance with an interim status corrective action order
			 issued by EPA under section 3008(h) or other Federal authority, by the Division
			 under comparable State authority, or by a court in a judicial action brought by
			 EPA or by the Division. Changes under this paragraph are limited to the
			 treatment, storage, or disposal of solid waste from releases that originate
			 within the boundary of the facility.
(6) Addition of newly regulated units for the
			 treatment, storage, or disposal of hazardous waste if the owner or operator
			 submits a revised part A permit application on or before the date on which the
			 unit becomes subject to the new requirements.
(b) Except as specifically allowed under this
			 paragraph, changes listed under paragraph (a) of this section may not be made
			 if they amount to reconstruction of the hazardous waste management facility.
			 Reconstruction occurs when the capital investment in the changes to the
			 facility exceeds 50 percent of the capital cost of a comparable entirely new
			 hazardous waste management facility. If all other requirements are met, the
			 following changes may be made even if they amount to a reconstruction:
(1) Changes made solely for the purposes of
			 complying with the requirements of
			 40 CFR
			 265.193 for tanks and ancillary
			 equipment.
(2) If necessary to
			 comply with Federal, State, or local requirements, changes to an existing unit,
			 changes solely involving tanks or containers, or addition of replacement
			 surface impoundments that satisfy the standards of section 3004(o).
(3) Changes that are necessary to allow
			 owners or operators to continue handling newly listed or identified hazardous
			 wastes that have been treated, stored, or disposed of at the facility prior to
			 the effective date of the rule establishing the new listing or
			 identification.
(4) Changes during
			 closure of a facility or of a unit within a facility made in accordance with an
			 approved closure plan.
(5) Changes
			 necessary to comply with an interim status corrective action order issued by
			 EPA under section 3008(h) or other Federal authority, by the Division under
			 comparable State authority, or by a court in a judicial proceeding brought by
			 EPA or the Division, provided that such changes are limited to the treatment,
			 storage, or disposal of solid waste from releases that originate within the
			 boundary of the facility.
(6)
			 Changes to treat or store, in tanks, containers, or containment buildings,
			 hazardous wastes subject to land disposal restrictions imposed by Section 268,
			 40 CFR Part 268 or RCRA section 3004, provided that such changes are made
			 solely for the purpose of complying with Section 268, Part 268 or RCRA section
			 3004.
(7) Addition of newly
			 regulated units under paragraph (a)(6) of this section.
(8) Changes necessary to comply with
			 standards under 40 CFR part 63, Subpart EEE-National Emission Standards for
			 Hazardous Air Pollutants From Hazardous Waste Combustors.
§ 270.73
Termination of
			 interim status
Interim status terminates when:
(a) Final administrative disposition of a
			 permit application, except an application for a remedial action plan (RAP)
			 under subsection H of this Section, is made.
(b) Interim status is terminated as provided
			 in § 270.10(e)(5).
(c) For
			 owners or operators of each land disposal facility which has been granted
			 interim status prior to November 8, 1984, on November 8, 1985, unless:
(1) The owner or operator submits a Part B
			 application for a permit for such facility prior to that date; and
(2) The owner or operator certifies that such
			 facility is in compliance with all applicable ground-water monitoring and
			 financial responsibility requirements.
(d) For owners or operators of each land
			 disposal facility which is in existence on the effective date of statutory or
			 regulatory amendments under the Act that render the facility subject to the
			 requirement to have an HWM permit and which is granted interim status, twelve
			 months after the date on which the facility first becomes subject to such
			 permit requirement unless the owner or operator of such facility:
(1) Submits a Part B application for an HWM
			 permit for such facility before the date 12 months after the date on which the
			 facility first becomes subject to such permit requirement; and
(2) Certifies that such facility is in
			 compliance with all applicable ground water monitoring and financial
			 responsibility requirements.
(e) For owners or operators of any land
			 disposal unit that is granted authority to operate under § 270.72(a) (1),
			 (2) or (3), on the date 12 months after the effective date of such requirement,
			 unless the owner or operator certifies that such unit is in compliance with all
			 applicable ground-water monitoring and financial responsibility
			 requirements.
(f) For owners and
			 operators of each incinerator facility which has achieved interim status prior
			 to November 8, 1984, interim status terminates on November 8, 1989, unless the
			 owner or operator of the facility submits a part B application for an HWM
			 permit for an incinerator facility by November 8, 1986.
(g) For owners or operators of any facility
			 (other than a land disposal or an incinerator facility) which has achieved
			 interim status prior to November 8, 1984, interim status terminates on November
			 8, 1992, unless the owner or operator of the facility submits a part B
			 application for an HWM permit for the facility by November 8, 1988.
Subsection H
-
			 Remedial Action Plans (RAPs)
§
			 270.79
Why is this subpart written in a special
			 format?
This subpart is written in a special format to make it easier
				to understand the regulatory requirements. Like other Environmental Protection
				Agency (EPA) regulations, this establishes enforceable legal requirements. For
				this Subpart, "I" and "you" refer to the owner/operator.
General Information
§ 270.80
What is a RAP?
(a) A RAP is a special form of RCRA permit
			 that you, as an owner or operator, may obtain, instead of a permit issued under
			 §§ 270.3 through 270.66, to authorize you to treat, store, or dispose
			 of hazardous remediation waste (as defined in Sec. 260.10 of this chapter) at a
			 remediation waste management site. A RAP may only be issued for the area of
			 contamination where the remediation wastes to be managed under the RAP
			 originated, or areas in close proximity to the contaminated area, except as
			 allowed in limited circumstances under § 270.230.
(b) The requirements in §§ 270.3
			 through 270.66 do not apply to RAPs unless those requirements for traditional
			 RCRA permits are specifically required under §§ 270.80 through
			 270.230. The definitions in § 270.2 apply to RAPs.
(c) Notwithstanding any other provision of
			 this Section, Rule No. 8, or 40 CFR Part 124, any document that meets the
			 requirements in this section constitutes a RCRA permit under RCRA section
			 3005(c).
(d) A RAP may be:
(1) A stand-alone document that includes only
			 the information and conditions required by this subsection; or
(2) Part (or parts) of another document that
			 includes information and/or conditions for other activities at the remediation
			 waste management site, in addition to the information and conditions required
			 by this subsection.
(e)
			 If you are treating, storing, or disposing of hazardous remediation wastes as
			 part of a cleanup compelled by Federal or State cleanup authorities, your RAP
			 does not affect your obligations under those authorities in any way.
(f) If you receive a RAP at a facility
			 operating under interim status, the RAP does not terminate your interim
			 status.
§ 270.85
When do I need a RAP?
(a)
			 Whenever you treat, store, or dispose of hazardous remediation wastes in a
			 manner that requires a RCRA permit under § 270.1, you must either obtain:
(1) A RCRA permit according to §§
			 270.3 through 270.66; or
(2) A RAP
			 according to this subsection.
(b) Treatment units that use combustion of
			 hazardous remediation wastes at a remediation waste management site are not
			 eligible for RAPs under this Subsection.
(c) You may obtain a RAP for managing
			 hazardous remediation waste at an already permitted RCRA facility. You must
			 have these RAPs approved as a modification to your existing permit according to
			 the requirements of §270.41 or § 270.42 instead of the requirements
			 in this Subsection. When you submit an application for such a modification,
			 however, the information requirements in §§ 270.42(a)(1)(i),
			 (b)(1)(iv), and (c)(1)(iv) do not apply; instead, you must submit the
			 information required under § 270.110. When your permit is modified the RAP
			 becomes part of the RCRA permit. Therefore when your permit (including the RAP
			 portion) is modified, revoked and reissued, terminated or when it expires, it
			 will be modified according to the applicable requirements in §§
			 270.40 through 270.42, revoked and reissued according to the applicable
			 requirements in §§ 270.41 and 270.43, terminated according to the
			 applicable requirements in § 270.43, and expire according to the
			 applicable requirements in §§ 270.50 and 270.51.
§ 270.90
Does my RAP grant me any
			 rights or relieve me of any obligations?
The provisions of § 270.4 apply to RAPs. (Note: The
				provisions of § 270.4(a) provide you assurance that, as long as you comply
				with your RAP, the Division and EPA will consider you in compliance with
				Subtitle C of RCRA, and will not take enforcement actions against you. However,
				you should be aware of four exceptions to this provision that are listed in
				§ 270.4.)
Applying for a RAP
§ 270.95
How do I apply
			 for a RAP?
To apply for a RAP, you must complete an application, sign it,
				and submit it to the Director according to the requirements in this
				subpart.
§ 270.100
Who must obtain a RAP?
When a facility or remediation waste management site is owned
				by one person, but the treatment, storage or disposal activities are operated
				by another person, it is the operator'sduty to obtain a RAP, except that the
				owner must also sign the RAP application.
§ 270.105
Who must sign the
			 application and any required reports for a RAP?
Both the owner and the operator must sign the RAP application
				and any required reports according to § 270.11(a), (b), and (c). In the
				application, both the owner and the operator must also make the certification
				required under § 270.11(d)(1). However, the owner may choose the
				alternative certification under § 270.11(d)(2) if the operator certifies
				under § 270.11(d)(1).
§
			 270.110
What must I include in my application for a
			 RAP?
You must include the following information in your application
				for a RAP:
(a) The name, address, and
			 EPA identification number of the remediation waste management site;
(b) The name, address, and telephone number
			 of the owner and operator;
(c) The
			 latitude and longitude of the site;
(d) The United States Geological Survey
			 (USGS) or county map showing the location of the remediation waste management
			 site;
(e) A scaled drawing of the
			 remediation waste management site showing:
(1)
			 The remediation waste management site boundaries;
(2) Any significant physical structures;
			 and
(3) The boundary of all areas
			 on-site where remediation waste is to be treated, stored or disposed;
(f) A specification of the
			 hazardous remediation waste to be treated, stored or disposed of at the
			 facility or remediation waste management site. This must include information
			 on:
(1) Constituent concentrations and other
			 properties of the hazardous remediation wastes that may affect how such
			 materials should be treated and/or otherwise managed;
(2) An estimate of the quantity of these
			 wastes; and
(3) A description of
			 the processes you will use to treat, store, or dispose of this waste including
			 technologies, handling systems, design and operating parameters you will use to
			 treat hazardous remediation wastes before disposing of them according to the
			 LDR standards of Section 268 of this rule, as applicable;
(g) Enough information to demonstrate that
			 operations that follow the provisions in your RAP application will ensure
			 compliance with applicable requirements of Sections 264, 266, and 268 of this
			 rule;
(h) Such information as may
			 be necessary to enable the Director to carry out his duties under other State
			 and Federal laws as is required for traditional RCRA permits under
			 §270.14(b)(20);
(i) Any other
			 information the Director decides is necessary for demonstrating compliance with
			 this subsection or for determining any additional RAP conditions that are
			 necessary to protect human health and the environment.
§ 270.115
What if I want to keep
			 this information confidential?
Part 2 (Public Information) of this section allows you to claim
				as confidential any or all of the information you submit to the Division or EPA
				under this subsection. You must assert any such claim at the time that you
				submit your RAP application or other submissions by stamping the words
				"confidential business information" on each page containing such information.
				If you do assert a claim at the time you submit the information, DEQ will treat
				the information according to the procedures in § 270.12 of this rule. If
				you do not assert a claim at the time you submit the information, the Division
				may make the information available to the public without further notice to you.
				DEQ will deny any requests for confidentiality of your name and/or address, or
				other information which is required to be made accessible under the Arkansas
				Freedom of Information Act.
§
			 270.120
To whom must I submit my RAP application?
You must submit your application for a RAP to the Director for
				approval.
§ 270.125
If I submit my RAP application as part of another document, what must I
			 do?
If you submit your application for a RAP as a part of another
				document, you must clearly identify the components of that document that
				constitute your RAP application.
Getting a RAP Approved
§ 270.130
What is the
			 process for approving or denying my application for a RAP?
(a) If the Director tentatively finds that
			 your RAP application includes all of the information required by § 270.110
			 and that your proposed remediation waste management activities meet the
			 regulatory standards, the Director will make a tentative decision to approve
			 your RAP application. The Director will then prepare a draft RAP and provide an
			 opportunity for public comment before making a final decision on your RAP
			 application, according to this subsection.
(b) If the Director tentatively finds that
			 your RAP application does not include all of the information required by §
			 270.110 or that your proposed remediation waste management activities do not
			 meet the regulatory standards, the Director may request additional information
			 from you or ask you to correct deficiencies in your application. If you fail or
			 refuse to provide any additional information the Director requests, or to
			 correct any deficiencies in your RAP application, the Director may make a
			 tentative decision to deny your RAP application. After making this tentative
			 decision, the Director will prepare a notice of intent to deny your RAP
			 application ("notice of intent to deny") and provide an opportunity for public
			 comment before making a final decision on your RAP application, according to
			 the requirements in this Subpart. The Director may deny the RAP application
			 either in its entirety or in part.
§ 270.135
What must the Director
			 include in a draft RAP?
If the Director prepares a draft RAP, it must include
				the:
(a) Information required under
			 § 270.110(a) through (f);
(b)
			 The following terms and conditions:
(1) Terms
			 and conditions necessary to ensure that the operating requirements specified in
			 your RAP comply with applicable requirements of Sections 264, 266, and 268 of
			 this rule (including any recordkeeping and reporting requirements). In
			 satisfying this provision, the Director may incorporate, expressly or by
			 reference, applicable requirements of Sections 264, 266, and 268 of this rule
			 into the RAP or establish site-specific conditions as required or allowed by
			 Sections 264, 266, and 268 of this rule;
(2) Terms and conditions in §
			 270.30;
(3) Terms and conditions
			 for modifying, revoking and reissuing, and terminating your RAP, as provided in
			 § 270.170; and
(4) Any
			 additional terms or conditions that the Director determines are necessary to
			 protect human health and the environment, including any terms and conditions
			 necessary to respond to spills and leaks during use of any units permitted
			 under the RAP; and (c) If the draft RAP is part of another document, as
			 described in § 270.80(d)(2), the Director must clearly identify the
			 components of that document that constitute the draft RAP.
§ 270.140
What else
			 must the Director prepare in addition to the draft RAP or notice of intent to
			 deny?
Once the Director has prepared the draft RAP or notice of
				intent to deny, he must then:
(a)
			 Prepare a statement of basis that briefly describes the derivation of the
			 conditions of the draft RAP and the reasons for them, or the rationale for the
			 notice of intent to deny;
(b)
			 Compile an administrative record, including:
(1) The RAP application, and any supporting
			 data furnished by the applicant;
(2) The draft RAP or notice of intent to
			 deny;
(3) The statement of basis
			 and all documents cited therein (material readily available at the Division
			 offices or published material that is generally available need not be
			 physically included with the rest of the record, as long as it is specifically
			 referred to in the statement of basis); and
(4) Any other documents that support the
			 decision to approve or deny the RAP; and
(c) Make information contained in the
			 administrative record available for review by the public upon
			 request.
§ 270.145
What are the procedures for public comment on the draft RAP or notice of
			 intent to deny?
(a) The Director must:
(1) Send notice to you of his intention to
			 approve or deny your RAP application, and send you a copy of the statement of
			 basis;
(2) Publish a notice of his
			 intention to approve or deny your RAP application in a major local newspaper of
			 general circulation;
(3) Broadcast
			 his intention to approve or deny your RAP application over a local radio
			 station; and
(4) Send a notice of
			 his intention to approve or deny your RAP application to each unit of local
			 government having jurisdiction over the area in which your site is located, and
			 to each State agency having any authority under State law with respect to any
			 construction or operations at the site.
(b) The notice required by paragraph (a) of
			 this section must provide an opportunity for the public to submit written
			 comments on the draft RAP or notice of intent to deny within at least 45
			 days.
(c) The notice required by
			 paragraph (a) of this section must include:
(1) The name and address of the office
			 processing the RAP application;
(2)
			 The name and address of the RAP applicant, and if different, the remediation
			 waste management site or activity the RAP will regulate;
(3) A brief description of the activity the
			 RAP will regulate;
(4) The name,
			 address and telephone number of a person from whom interested persons may
			 obtain further information, including copies of the draft RAP or notice of
			 intent to deny, statement of basis, and the RAP application;
(5) A brief description of the comment
			 procedures in this section, and any other procedures by which the public may
			 participate in the RAP decision;
(6) If a hearing is scheduled, the date,
			 time, location and purpose of the hearing;
(7) If a hearing is not scheduled, a
			 statement of procedures to request a hearing;
(8) The location of the administrative
			 record, and times when it will be open for public inspection; and
(9) Any additional information the Director
			 considers necessary or proper.
(d) If, within the comment period, the
			 Director receives written notice of opposition to his intention to approve or
			 deny your RAP application and a request for a hearing, the Director must hold
			 an informal public hearing to discuss issues relating to the approval or denial
			 of your RAP application. The Director may also determine on his own initiative
			 that an informal hearing is appropriate. The hearing must include an
			 opportunity for any person to present written or oral comments. Whenever
			 possible, the Director must schedule this hearing at a location convenient to
			 the nearest population center to the remediation waste management site and give
			 notice according to the requirements in paragraph (a) of this section. This
			 notice must, at a minimum, include the information required by paragraph (c) of
			 this section and:
(1) Reference to the date
			 of any previous public notices relating to the RAP application;
(2) The date, time and place of the hearing;
			 and
(3) A brief description of the
			 nature and purpose of the hearing, including the applicable rules and
			 procedures.
§
			 270.150
How will the Director make a final decision on my
			 RAP application?
(a) The Director must
			 consider and respond to any significant comments raised during the public
			 comment period, or during any hearing on the draft RAP or notice of intent to
			 deny, and revise your draft RAP based on those comments, as
			 appropriate.
(b) If the Director
			 determines that your RAP includes the information and terms and conditions
			 required in § 270.135, then he will issue a final decision approving your
			 RAP and, in writing, notify you and all commenters on your draft RAP that your
			 RAP application has been approved.
(c) If the Director determines that your RAP
			 does not include the information required in § 270.135, then he will issue
			 a final decision denying your RAP and, in writing, notify you and all
			 commenters on your draft RAP that your RAP application has been
			 denied.
(d) If the Director's final
			 decision is that the tentative decision to deny the RAP application was
			 incorrect, he will withdraw the notice of intent to deny and proceed to prepare
			 a draft RAP, according to the requirements in this subsection.
(e) When the Director issues his final RAP
			 decision, he must refer to the procedures for appealing the decision under
			 § 270.155.
(f) Before issuing
			 the final RAP decision, the Director must compile an administrative record.
			 Material readily available at the issuing office or published materials which
			 are generally available and which are included in the administrative record
			 need not be physically included with the rest of the record as long as it is
			 specifically referred to in the statement of basis or the response to comments.
			 The administrative record for the final RAP must include information in the
			 administrative record for the draft RAP (see § 270.140(b)) and:
(1) All comments received during the public
			 comment period;
(2) Tapes or
			 transcripts of any hearings;
(3)
			 Any written materials submitted at these hearings;
(4) The responses to comments;
(5) Any new material placed in the record
			 since the draft RAP was issued;
(6)
			 Any other documents supporting the RAP; and
(7) A copy of the final RAP.
(g) The Director must make
			 information contained in the administrative record available for review by the
			 public upon request.
§
			 270.155
May the decision to approve or deny my RAP
			 application be administratively appealed?
(a) Any commenter on the draft RAP or notice
			 of intent to deny, or any participant in any public hearing(s) on the draft
			 RAP, may appeal the Director's decision to approve or deny your RAP application
			 to the Arkansas Pollution Control & Ecology Commission under APC&EC
			 Rule No. 8 (Administrative Procedures). Any person who did not file comments,
			 or did not participate in any public hearing(s) on the draft RAP, may petition
			 for administrative review only to the extent of the changes from the draft to
			 the final RAP decision. Appeals of RAPs may be made to the same extent as for
			 final permit decisions under Rule No. 8 (or a decision under § 270.29 to
			 deny a permit for the active life of a RCRA hazardous waste management facility
			 or unit). Instead of the notice required under
			 40
			 CFR 124.19(c) and
			 124.10,
			 the Director will give public notice of any grant of review of RAPs by the
			 Commission through the same means used to provide notice under § 270.145.
			 The notice will include:
(1) The briefing
			 schedule for the appeal as provided by the Commission;
(2) A statement that any interested person
			 may file an amicus brief with the Commission; and
(3) The information specified in §
			 270.145(c), as appropriate.
(b) This appeal is a prerequisite to seeking
			 judicial review of these Division actions.
§ 270.160
When does my RAP become
			 effective?
Your RAP becomes effective on the date the Director serves
				noticef to you and all commenters that your RAP is approved unless:
(a) The Director specifies a later effective
			 date in his decision;
(b) You or
			 another person has appealed your RAP under § 270.155 (if your RAP is
			 appealed, and the request for review is granted under § 270.155,
			 conditions of your RAP are stayed according to Rule No. 8); or
(c) No commenters requested a change in the
			 draft RAP, in which case the RAP becomes effective immediately when it is
			 issued.
§ 270.165
When may I begin physical construction of new units permitted under the
			 RAP
You must not begin physical construction of new units permitted
				under the RAP for treating, storing or disposing of hazardous remediation waste
				before receiving a finally effective RAP.
How May my RAP be Modified, Revoked and Reissued,
				or Terminated?
§
			 270.170
After my RAP is issued, how may it be modified,
			 revoked and reissued, or terminated?
In your RAP, the Director must specify, either directly or by
				reference, procedures for future modifications, revocations and reissuance, or
				terminations of your RAP. These procedures must provide adequate opportunities
				for public review and comment on any modification, revocation and reissuance,
				or termination that would significantly change your management of your
				remediation waste, or that otherwise merits public review and comment. If your
				RAP has been incorporated into a traditional RCRA permit, as allowed under
				§ 270.85(c), then the RAP will be modified according to the applicable
				requirements in §§ 270.40 through 270.42, revoked and reissued
				according to the applicable requirements in §§ 270.41 and 270.43, or
				terminated according to the applicable requirements of § 270.43.
§ 270.175
For what
			 reasons may the Director choose to modify my final RAP?
(a) The Director may modify your final RAP on
			 his own initiative only if one or more of the following reasons listed in this
			 section exist(s). If one or more of these reasons do not exist, then the
			 Director will not modify your final RAP, except at your request. Reasons for
			 modification are:
(1) You made material and
			 substantial alterations or additions to the activity that justify applying
			 different conditions;
(2) The
			 Director finds new information that was not available at the time of RAP
			 issuance and would have justified applying different RAP conditions at the time
			 of issuance;
(3) The standards or
			 rules on which the RAP was based have changed because of new or amended
			 statutes, standards or rules, or by judicial decision after the RAP was
			 issued;
(4) If your RAP includes
			 any schedules of compliance, the Director may find reasons to modify your
			 compliance schedule, such as an act of God, strike, flood, or materials
			 shortage or other events over which you as the owner/operator have little or no
			 control and for which there is no reasonably available remedy;
(5) You are not in compliance with conditions
			 of your RAP;
(6) You failed in the
			 application or during the RAP issuance process to disclose fully all relevant
			 facts, or you misrepresented any relevant facts at the time;
(7) The Director has determined that the
			 activity authorized by your RAP endangers human health or the environment and
			 can only be remedied by modifying; or
(8) You have notified the Director (as
			 required in the RAP under § 270.30(l)(3)) of a proposed transfer of a
			 RAP.
(b) Notwithstanding
			 any other provision in this section, when the Director reviews a RAP for a land
			 disposal facility under Sec. 270.195, he may modify the permit as necessary to
			 assure that the facility continues to comply with the currently applicable
			 requirements in parts 124, 260 through 266 and 270 of this chapter.
(c) The Director will not reevaluate the
			 suitability of the facility location at the time of RAP modification unless new
			 information or standards indicate that a threat to human health or the
			 environment exists that was unknown when the RAP was issued.
§ 270.180
For what
			 reasons may the Director choose to revoke and reissue my final RAP?
(a) The Director may revoke and reissue your
			 final RAP on his own initiative only if one or more reasons for revocation and
			 reissuance exist(s). If one or more reasons do not exist, then the Director
			 will not modify or revoke and reissue your final RAP, except at your request.
			 Reasons for modification or revocation and reissuance are the same as the
			 reasons listed for RAP modifications in Sec. 270.175(a)(5) through (8) if the
			 Director determines that revocation and reissuance of your RAP is
			 appropriate.
(b) The Director will
			 not reevaluate the suitability of the facility location at the time of RAP
			 revocation and reissuance, unless new information or standards indicate that a
			 threat to human health or the environment exists that was unknown when the RAP
			 was issued.
§
			 270.185
For what reasons may the Director choose to
			 terminate my final RAP, or deny my renewal application?
The Director may terminate your final RAP on his own
				initiative, or deny your renewal application for the same reasons as those
				listed for RAP modifications in § 270.175(a)(5) through (7) if the
				Director determines that termination of your RAP or denial of your RAP renewal
				application is appropriate.
§
			 270.190
May the decision to approve or deny a modification,
			 revocation and reissuance, or termination of my RAP be administratively
			 appealed?
(a) Any commenter on the
			 modification, revocation and reissuance or termination, or any person who
			 participated in any hearing(s) on these actions, may appeal the Director's
			 decision to approve a modification, revocation and reissuance, or termination
			 of your RAP, according to § 270.155. Any person who did not file comments
			 or did not participate in any public hearing(s) on the modification, revocation
			 and reissuance or termination, may petition for administrative review only of
			 the changes from the draft to the final RAP decision.
(b) Any commenter on the modification,
			 revocation and reissuance or termination, or any person who participated in any
			 hearing(s) on these actions, may informally appeal the Director's decision to
			 deny a request for modification, revocation and reissuance, or termination to
			 the Arkansas Pollution Control and Ecology Commission. Any person who did not
			 file comments, or did not participate in any public hearing(s) on the
			 modification, revocation and reissuance or termination may petition for
			 administrative review only of the changes from the draft to the final RAP
			 decision.
(c) The process for
			 informal appeals of RAPs is as follows:
(1)
			 The person appealing the decision must send a letter to the Arkansas Pollution
			 Control and Ecology Commission. The letter must briefly set forth the relevant
			 facts.
(2) The Commission has 60
			 days after receiving the letter to act on it.
(3) If the Commission does not take action on
			 the letter within 60 days after receiving it, the appeal shall be considered
			 denied.
(d) This
			 informal appeal is a prerequisite to seeking judicial review of these Division
			 actions.
§ 270.195
When will my RAP expire?
RAPs must be issued for a fixed term, not to exceed 10 years,
				although they may be renewed upon approval by the Director in fixed increments
				of no more than ten years. In addition, the Director must review any RAP for
				hazardous waste land disposal five years after the date of issuance or
				reissuance and you or the Director must follow the requirements for modifying
				your RAP as necessary to assure that you continue to comply with currently
				applicable requirements in RCRA sections 3004 and 3005.
§ 270.200
How may I renew my RAP
			 if it is expiring?
If you wish to renew your expiring RAP, you must follow the
				process for application for and issuance of RAPs in this subpart.
§ 270.205
What happens
			 if I have applied correctly for a RAP renewal but have not received approval by
			 the time my old RAP expires?
If you have submitted a timely and complete application for a
				RAP renewal, but the Director, through no fault of yours, has not issued a new
				RAP with an effective date on or before the expiration date of your previous
				RAP, your previous RAP conditions continue in force until the effective date of
				your new RAP or RAP denial.
Operating Under Your RAP
§ 270.210
What records
			 must I maintain concerning my RAP?
You are required to keep records of:
(a) All data used to complete RAP
			 applications and any supplemental information that you submit for a period of
			 at least 3 years from the date the application is signed; and
(b) Any operating and/or other records the
			 Director requires you to maintain as a condition of your RAP.
§ 270.215
How are time
			 periods in the requirements in this subpart and my RAP computed?
(a) Any time period scheduled to begin on the
			 occurrence of an act or event must begin on the day after the act or event.
			 (For example, if your RAP specifies that you must close a staging pile within
			 180 days after the operating term for that staging pile expires, and the
			 operating term expires on June 1, then June 2 counts as day one of your 180
			 days, and you would have to complete closure by November 28.)
(b) Any time period scheduled to begin before
			 the occurrence of an act or event must be computed so that the period ends on
			 the day before the act or event. (For example, if you are transferring
			 ownership or operational control of your site, and wish to transfer your RAP,
			 the new owner or operator must submit a revised RAP application no later than
			 90 days before the scheduled change. Therefore, if you plan to change ownership
			 on January 1, the new owner/operator must submit the revised RAP application no
			 later than October 3, so that the 90th day would be December 31.)
(c) If the final day of any time period falls
			 on a weekend or legal holiday, the time period must be extended to the next
			 working day. (For example, if you wish to appeal the Director's decision to
			 modify your RAP, then you must petition the Arkansas Pollution Control and
			 Ecology Commission within 30 days after the Director has issued the final RAP
			 decision. If the 30th day falls on Sunday, then you may submit your appeal by
			 the Monday after. If the 30th day falls on July 4th, then you may submit your
			 appeal by July 5th.)
(d) Whenever a
			 party or interested person has the right to or is required to act within a
			 prescribed period after the service of notice or other paper upon him by mail,
			 3 days must be added to the prescribed term. (For example, if you wish to
			 appeal the Director's decision to modify your RAP, then you must petition the
			 Arkansas Pollution Control and Ecology Commission within 30 days after the
			 Director has issued the final RAP decision. However, if the Director notifies
			 you of his decision by mail, then you may have 33 days to petition the
			 Commission.)
§
			 270.220
How may I transfer my RAP to a new owner or
			 operator?
(a) If you wish to transfer
			 your RAP to a new owner or operator, you must follow the requirements specified
			 in your RAP for RAP modification to identify the new owner or operator, and
			 incorporate any other necessary requirements. These modifications do not
			 constitute "significant" modifications for purposes of § 270.170. The new
			 owner/operator must submit a revised RAP application no later than 90 days
			 before the scheduled change along with a written agreement containing a
			 specific date for transfer of RAP responsibility between you and the new
			 permittees.
(b) When a transfer of
			 ownership or operational control occurs, you as the old owner or operator must
			 comply with the applicable requirements in Section 264, subsection H (Financial
			 Requirements), of this chapter until the new owner or operator has demonstrated
			 that he is complying with the requirements in that subpart. The new owner or
			 operator must demonstrate compliance with Section 264, subsection H, of this
			 rule within six months of the date of the change in ownership or operational
			 control of the facility or remediation waste management site. When the new
			 owner/operator demonstrates compliance with Section 264, subsection H, of this
			 rule to the Director, the Director will notify you that you no longer need to
			 comply with Section 264, subsection H, of this rule as of the date of
			 demonstration.
§
			 270.225
What must the State or EPA Region report about
			 noncompliance with RAPs?
The State or EPA Region must report noncompliance with RAPs
				according to the provisions of § 270.5.
Obtaining a RAP for an Off-Site
				Location
§
			 270.230
May I perform remediation waste management
			 activities under a RAP at a location removed from the area where the
			 remediation wastes originated?
(a) You
			 may request a RAP for remediation waste management activities at a location
			 removed from the area where the remediation wastes originated if you believe
			 such a location would be more protective than the contaminated area or areas in
			 close proximity.
(b) If the
			 Director determines that an alternative location, removed from the area where
			 the remediation waste originated, is more protective than managing remediation
			 waste at the area of contamination or areas in close proximity, then the
			 Director may approve a RAP for this alternative location.
(c) You must request the RAP, and the
			 Director will approve or deny the RAP, according to the procedures and
			 requirements in this subpart.
(d) A
			 RAP for an alternative location must also meet the following requirements,
			 which the Director must include in the RAP for such locations:
(1) The RAP for the alternative location must
			 be issued to the person responsible for the cleanup from which the remediation
			 wastes originated;
(2) The RAP is
			 subject to the expanded public participation requirements in
			 40 CFR
			 124.31,
			 124.32,
			 and
			 124.33;
(3) The RAP is subject to the public notice
			 requirements in
			 40 CFR
			 124.10(c).
(4) The site permitted in the RAP may not be
			 located within 61 meters or 200 feet of a fault which has had displacement in
			 the Holocene time (you must demonstrate compliance with this standard through
			 the requirements in § 270.14(b)(11)) (See definitions of terms in §
			 264.18(a) of this chapter);
Note to paragraph (d)(4): Sites located in political
				jurisdictions other than those listed in Appendix VI of 40 CFR Part 264, are
				assumed to be in compliance with this requirement.
(e) These alternative locations are
			 remediation waste management sites, and retain the following benefits of
			 remediation waste management sites:
(1)
			 Exclusion from facility-wide corrective action under § 264.101 of this
			 rule; and
(2) Application of §
			 264.1(j) of this rule in lieu of Section 264, subsections B, C, and D, of this
			 rule.
Subsection
			 I
-Integration with Maximum Achievable Control Technology
			 (MACT) Standards
§ 270.235
Options for incinerators and cement and lightweight aggregate kilns to minimize
			 emissions from startup, shutdown, and malfunction events
(a) Facilities with existing permits.
(1)
Revisions to permit conditions
			 after documenting compliance with MACT.
The owner or operator of a
			 RCRA-permitted incinerator, cement kiln, lightweight aggregate kiln, solid fuel
			 boiler, liquid fuel boiler, or hydrochloric acid production furnace may request
			 that the Director address permit conditions that minimize emissions from
			 startup, shutdown, and malfunction events under any of the following options
			 when requesting removal of permit conditions that are no longer applicable
			 according to §§ 264.340(b) and 266.100(b) of this Rule:
(i) Retain relevant permit conditions. Under
			 this option, the Director will:
(A) Retain
			 permit conditions that address releases during startup, shutdown, and
			 malfunction events, including releases from emergency safety vents, as these
			 events are defined in the facility's startup, shutdown, and malfunction plan
			 required under
			 40
			 CFR 63.1206(c);
			 and
(B) Limit applicability of
			 those permit conditions only to when the facility is operating under its
			 startup, shutdown, and malfunction plan.
(ii) Revise relevant permit conditions.
(A) Under this option, the Director will:
(1) Identify a subset of relevant existing
			 permit requirements, or develop alternative permit requirements, that ensure
			 emissions of toxic compounds are minimized from startup, shutdown, and
			 malfunction events, including releases from emergency safety vents, based on
			 review of information including the source's startup, shutdown, and malfunction
			 plan, design, and operating history.
(2) Retain or add these permit requirements
			 to the permit to apply only when the facility is operating under its startup,
			 shutdown, and malfunction plan.
(B) Changes that may significantly increase
			 emissions.
(1) You must notify the Director in
			 writing of changes to the startup, shutdown, and malfunction plan or changes to
			 the design of the source that may significantly increase emissions of toxic
			 compounds from startup, shutdown, or malfunction events, including releases
			 from emergency safety vents. You must notify the Director of such changes
			 within five days of making such changes. You must identify in the notification
			 recommended revisions to permit conditions necessary as a result of the changes
			 to ensure that emissions of toxic compounds are minimized during these
			 events.
(2) The Director may revise
			 permit conditions as a result of these changes to ensure that emissions of
			 toxic compounds are minimized during startup, shutdown, or malfunction events,
			 including releases from emergency safety vents either:
(i) Upon permit renewal, or, if
			 warranted;
(ii) By modifying the
			 permit under §§ 270.41(a) or 270.42.
(iii) Remove permit conditions. Under this
			 option:
(A) The owner or operator must
			 document that the startup, shutdown, and malfunction plan required under
			 40
			 CFR 63.1206(c)(2) has been
			 approved by the Director under
			 40
			 CFR 63.1206(c)(2)(ii)(B);
			 and
(B) The Director will remove
			 permit conditions that are no longer applicable according to §§
			 264.340(b) and 266.100(b) of this rule.
(2)
Addressing permit condition upon permit reissuance.
The owner or
			 operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel
			 boiler, liquid fuel boiler, or hydrochloric acid production furnace that has
			 conducted a comprehensive performance test and submitted to the Director a
			 Notification of Compliance documenting compliance with the standards of 40 CFR
			 Part 63, subpart EEE, may request in the application to reissue the permit for
			 the combustion unit that the Director control emissions from startup, under any
			 of the following options:
(i) RCRA option A.
(A) Under this option, the Director will:
(1) Include, in the permit, conditions that
			 ensure compliance with §§ 264.345(a) and 264.345(c) or §§
			 266.102(e)(1) and 266.102(e)(2)(iii) of this chapter to minimize emissions of
			 toxic compounds from startup, shutdown, and malfunction events, including
			 releases from emergency safety vents; and
(2) Specify that these permit requirements
			 apply only when the facility is operating under its startup, shutdown, and
			 malfunction plan.; or
(ii) RCRA option B.
(A) Under this option, the Director will:
(1) Include, in the permit conditions, that
			 ensure emissions of toxic compounds are minimized from startup, shutdown, and
			 malfunction events, including releases from emergency safety vents, based on
			 review of information including the source's startup, shutdown, and malfunction
			 plan, design, and operating history; and
(2) Specify that these permit requirements
			 apply only when the facility is operating under its startup, shutdown, and
			 malfunction plan.
(B)
			 Changes that may significantly increase emissions.
(1) You must notify the Director in writing
			 of changes to the startup, shutdown, and malfunction plan or changes to the
			 design of the source that may significantly increase emissions of toxic
			 compounds from startup, shutdown, or malfunction events, including releases
			 from emergency safety vents. You must notify the Director of such changes
			 within five days of making such changes. You must identify in the notification
			 recommended revisions to permit conditions necessary as a result of the changes
			 to ensure that emissions of toxic compounds are minimized during these
			 events.
(2) The Director may revise
			 permit conditions as a result of these changes to ensure that emissions of
			 toxic compounds are minimized during startup, shutdown, or malfunction events,
			 including releases from emergency safety vents either:
(i) Upon permit renewal, or, if
			 warranted;
(ii) By modifying the
			 permit under §§ 270.41(a) or 270.42; or
(iii) CAA option. Under this option:
(A) The owner or operator must document that
			 the startup, shutdown, and malfunction plan required under
			 40
			 CFR 63.1206(c)(2) has been
			 approved by the Director under
			 40
			 CFR 63.1206(c)(2)(ii)(B);
			 and
(B) The Director will omit from
			 the permit conditions that are not applicable under §§ 264.340(b) and
			 266.100(b) of this rule.
(b) Interim status
			 facilities.
(1)
Interim status
			 operations
. In compliance with §§ 265.340 and 266.100(b) of
			 this Rule, the owner or operator of an incinerator, cement kiln, lightweight
			 aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
			 production furnace that is operating under the interim status standards of
			 Section 265 or 266 of this Rule may control emissions of toxic compounds during
			 startup, shutdown, and malfunction events under either of the following options
			 after conducting a comprehensive performance test and submitting to the
			 Director a Notification of Compliance documenting compliance with the standards
			 of 40 CFR Part 63, subpart EEE.
(i) RCRA
			 option. Under this option, the owner or operator continues to comply with the
			 interim status emission standards and operating requirements of Sections 265 or
			 266 of this rule relevant to control of emissions from startup, shutdown, and
			 malfunction events. Those standards and requirements apply only during startup,
			 shutdown, and malfunction events; or
(ii) CAA option. Under this option, the owner
			 or operator is exempt from the interim status standards of Sections 265 or 266
			 of this rule relevant to control of emissions of toxic compounds during
			 startup, shutdown, and malfunction events upon submission of written
			 notification and documentation to the Director that the startup, shutdown, and
			 malfunction plan required under
			 40
			 CFR 63.1206(c)(2) have been
			 approved by the Director under
			 40
			 CFR
			 63.1206(c)(2)(ii)(B).
(2)
Operations under a
			 subsequent RCRA permit.
When an owner or operator of an incinerator,
			 cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler,
			 or hydrochloric acid production furnace that is operating under the interim
			 status standards of Sections 265 or 266 of this Rule submits a RCRA permit
			 application, the owner or operator may request that the Director control
			 emissions from startup, shutdown, and malfunction events under any of the
			 options provided by paragraphs (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this
			 subsection. (c) New units. Hazardous waste incinerator, cement kiln,
			 lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or
			 hydrochloric acid production furnace units that become subject to RCRA permit
			 requirements after October 12, 2005 must control emissions of toxic compounds
			 during startup, shutdown, and malfunction events under either of the following
			 options:
(1) Comply with the requirements
			 specified in 40 CFR Part 63.1206(c)(2) ; or
(2) Request to include in the RCRA permit,
			 conditions that ensure emissions of toxic compounds are minimized from startup,
			 shutdown, and malfunction events, including releases from emergency safety
			 vents, based on review of information including the source's startup, shutdown,
			 and malfunction plan and design. The director will specify that these permit
			 conditions apply only when the facility is operating under its startup,
			 shutdown, and malfunction plan.
Subsection J
-RCRA
			 Standardized Permits for Storage and Treatment Units General Information About
			 Standardized Permits
§ 270.250
What is a RCRA standardized permit?
A RCRA standardized permit (RCRA) is a special type of permit
				that authorizes you to manage hazardous waste. It is issued under 40 CFR part
				124, subsection G, Rule No. 8, and Subsection J of this Section.
§ 270.255
Who is
			 eligible for a standardized permit?
(a)
			 You may be eligible for a standardized permit if:
(1) You generate hazardous waste and then
			 store or non-thermally treat the hazardous waste on-site in containers, tanks,
			 or containment buildings; or
(2)
			 You receive hazardous waste generated off-site by a generator under the same
			 ownership as the receiving facility, and then store or non-thermally treat the
			 hazardous waste in containers, tanks, or containment buildings.
(3) We will inform you of your eligibility
			 when we make a decision on your permit application.
(b) [Reserved]
§ 270.260
What requirements of
			 Section 270 apply to a standardized permit?
The following subsections of this Section 270 apply to a
				standardized permit:
(a) Subsection
			 A-General Information: All sections.
(b) Subsection B-Permit Application:
			 §§ 270.10, 270.11, 270.12, 270.13 and 270.29.
(c) Subsection C-Permit Conditions: All
			 sections.
(d) Subsection D-Changes
			 to Permit: §§ 270.40, 270.41, and 270.43.
(e) Subsection E-Expiration and Continuation
			 of Permits: All sections.
(f)
			 Subsection F-Special Forms of Permits: § 270.67.
(g) Subsection G-Interim Status: All
			 sections.
(h) Subsection H-Remedial
			 Action Plans: Does not apply.
(i)
			 Subsection J-Standardized Permits: All sections.
Applying for a Standardized Permit
§ 270.270
How do I apply for a
			 standardized permit?
You apply for a standardized permit by following the procedures
				in 40 CFR Part 124, subsection G, Rule No. 8, and this Subsection.
§ 270.275
What
			 information must I submit to the permitting agency to support my standardized
			 permit application?
The information in paragraphs (a) through (j) of this section
				will be the basis of your standardized permit application. You must submit it
				to the Director when you submit your Notice of Intent under
				40
				CFR 124.202(b) requesting
				coverage under a RCRA standardized permit:
(a) The Part A information described in
			 § 270.13.
(b) A meeting
			 summary and other materials required by
			 40 CFR
			 124.31.
(c) Documentation of compliance with the
			 location standards of Section 267.18 and § 270.14(b)(11) of this
			 Rule.
(d) Information that allows
			 the Director to carry out our obligations under other Federal laws required in
			 § 270.3.
(e) Solid waste
			 management unit information required by § 270.14(d).
(f) A certification meeting the requirements
			 of § 270.280, and an audit of the facility's compliance status with
			 Section 267 as required by § 270.280.
(g) A closure plan prepared in accordance
			 with Section 267, Subsection G.
(h)
			 The most recent closure cost estimate for your facility prepared under §
			 267.142 and a copy of the documentation required to demonstrate financial
			 assurance under § 267.143. For a new facility, you may gather the required
			 documentation 60 days before the initial receipt of hazardous wastes.
(i) If you manage wastes generated offsite,
			 the waste analysis plan.
(j) If you
			 manage waste generated from off-site, documentation showing that the waste
			 generator and the off-site facility are under the same ownership.
§ 270.280
What are the
			 certification requirements?
You must submit a signed certification based on your audit of
				your facility's compliance with Section 267.
(a) Your certification must read: I certify
			 under penalty of law that:
(1) I have
			 personally examined and am familiar with the report containing the results of
			 an audit conducted of my facility's compliance status with APC&EC Rule No.
			 23, Section 267, which supports this certification. Based on my inquiry of
			 those individuals immediately responsible for conducting the audit and
			 preparing the report, I believe that my (include paragraph (a)(1)(i) and (ii)
			 this section, whichever applies):
(i) My
			 existing facility complies with all applicable requirements of APC&EC Rule
			 No. 23, Section 267 and will continue to comply until the expiration of the
			 permit; or
(ii) My facility has
			 been designed, and will be constructed and operated to comply with all
			 applicable requirements of Rule No. 23, Section 267, and will continue to
			 comply until expiration of the permit.
(2) I will make all information that I am
			 required to maintain at my facility by §§ 270.290 through 277.315
			 readily available for review by the permitting agency and the public;
			 and,
(3) I will continue to make
			 all information required by §§ 270.290 through 277.315 available
			 until the permit expires. I am aware that there are significant penalties for
			 submitting false information, including the possibility of fine and
			 imprisonment for knowing violation.
(b) You must sign this certification
			 following the requirements of § 270.11(a)(1) through (3).
(c) This certification must be based upon an
			 audit that you conduct of your facility's compliance status with Section 267 of
			 this Rule. A written audit report, signed and certified as accurate by the
			 auditor, must be submitted to the Director with the
			 40
			 CFR 124.202(b) Notice of
			 Intent.
Information That Must Be Kept at Your
				Facility
§ 270.290
What general types of information must I keep at my facility?
You must keep the following information at your
				facility:
(a) A general description of
			 the facility.
(b) Chemical and
			 physical analyses of the hazardous waste and hazardous debris handled at the
			 facility. At a minimum, these analyses must contain all the information you
			 must know to treat or store the wastes properly under the requirements of
			 Section 267 of this Rule.
(c) A
			 copy of the waste analysis plan required by § 267.13(b).
(d) A description of the security procedures
			 and equipment required by § 267.14.
(e) A copy of the general inspection schedule
			 required by § 267.15(b). You must include in the inspection schedule
			 applicable requirements of §§ 267.174, 267.193, 267.195, 264.1033,
			 264.1052, 264.1053, 264.1058, and 264.1088.
(f) A justification of any modification of
			 the preparedness and prevention requirements of Section 267, Subsection C
			 (§§ 267.30 to 267.35).
(g) A copy of the contingency plan required
			 by Section 267, subsection D.
(h) A
			 description of procedures, structures, or equipment used at the facility to:
(1) Prevent hazards in unloading operations
			 (for example, use ramps, special forklifts),
(2) Prevent runoff from hazardous waste
			 handling areas to other areas of the facility or environment, or to prevent
			 flooding (for example, with berms, dikes, trenches),
(3) Prevent contamination of water
			 supplies,
(4) Mitigate effects of
			 equipment failure and power outages,
(5) Prevent undue exposure of personnel to
			 hazardous waste (for example, requiring protective clothing), and
(6) Prevent releases to atmosphere,
(i) A description of precautions
			 to prevent accidental ignition or reaction of ignitable, reactive, or
			 incompatible wastes as required by § 267.17.
(j) Traffic pattern, estimated volume
			 (number, types of vehicles) and control (for example, show turns across traffic
			 lanes, and stacking lanes; describe access road surfacing and load bearing
			 capacity; show traffic control signals).
(k) [Reserved]
(l) An outline of both the introductory and
			 continuing training programs you will use to prepare employees to operate or
			 maintain your facility safely as required by § 267.16. A brief description
			 of how training will be designed to meet actual job tasks under §
			 267.16(a)(3) requirements.
(m) A
			 copy of the closure plan required by § 267.112. Include, where applicable,
			 as part of the plans, specific requirements in §§ 267.176, 267.201,
			 and 267.1108.
(n)
			 [Reserved]
(o) The most recent
			 closure cost estimate for your facility prepared under § 267.142 and a
			 copy of the documentation required to demonstrate financial assurance under
			 § 267.143. For a new facility, you may gather the required documentation
			 60 days before the initial receipt of hazardous wastes.
(p) [Reserved]
(q) Where applicable, a copy of the insurance
			 policy or other documentation that complies with the liability requirements of
			 § 267.147. For a new facility, documentation showing the amount of
			 insurance meeting the specification of § 267.147(a) that you plan to have
			 in effect before initial receipt of hazardous waste for treatment or
			 storage.
(r) Where appropriate,
			 proof of coverage by a State financial mechanism, as required by §§
			 267.149 or 267.150.
(s) A
			 topographic map showing a distance of 1,000 feet around your facility at a
			 scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200
			 feet). The map must show elevation contours. The contour interval must show the
			 pattern of surface water flow in the vicinity of and from each operational unit
			 of the facility. For example, contours with an interval of 1.5 meters (5 feet),
			 if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2
			 feet), if relief is less than 6.1 meters (20 feet). If your facility is in a
			 mountainous area, you should use large contour intervals to adequately show
			 topographic profiles of facilities. The map must clearly show the following:
(1) Map scale and date.
(2) 100-year flood plain area.
(3) Surface waters including intermittent
			 streams.
(4) Surrounding land uses
			 (residential, commercial, agricultural, recreational).
(5) A wind rose (i.e., prevailing wind speed
			 and direction).
(6) Orientation of
			 the map (north arrow).
(7) Legal
			 boundaries of your facility site.
(8) Access control (fences, gates).
(9) Injection and withdrawal wells both
			 on-site and off-site.
(10)
			 Buildings; treatment, storage, or disposal operations; or other structure
			 (recreation areas, runoff control systems, access and internal roads, storm,
			 sanitary, and process sewerage systems, loading and unloading areas, fire
			 control facilities, etc.)
(11)
			 Barriers for drainage or flood control.
(12) Location of operational units within
			 your facility, where hazardous waste is (or will be) treated or stored.
			 (Include equipment cleanup areas.)
§ 270.300
What container
			 information must I keep at my facility?
If you store or treat hazardous waste in containers, you must
				keep the following information at your facility:
(a) A description of the containment system
			 to demonstrate compliance with the container storage area provisions of §
			 267.173. This description must show the following:
(1) Basic design parameters, dimensions, and
			 materials of construction.
(2) How
			 the design promotes drainage or how containers are kept from contact with
			 standing liquids in the containment system.
(3) Capacity of the containment system
			 relative to the number and volume of containers to be stored.
(4) Provisions for preventing or managing
			 run-on.
(5) How accumulated liquids
			 can be analyzed and removed to prevent overflow.
(b) For storage areas that store containers
			 holding wastes that do not contain free liquids, a demonstration of compliance
			 with § 267.173(c), including:
(1) Test
			 procedures and results or other documentation or information to show that the
			 wastes do not contain free liquids.
(2) A description of how the storage area is
			 designed or operated to drain and remove liquids or how containers are kept
			 from contact with standing liquids.
(c) Sketches, drawings, or data demonstrating
			 compliance with § 267.174 (location of buffer zone (15m or 50ft) and
			 containers holding ignitable or reactive wastes) and § 267.175(c)
			 (location of incompatible wastes in relation to each other), where
			 applicable.
(d) Where incompatible
			 wastes are stored or otherwise managed in containers, a description of the
			 procedures used to ensure compliance with §§ 267.175(a) and (b), and
			 267.17(b) and (c).
(e) Information
			 on air emission control equipment as required by § 270.315.
§ 270.305
What tank
			 information must I keep at my facility?
If you use tanks to store or treat hazardous waste, you must
				keep the following information at your facility:
(a) A written assessment that is reviewed and
			 certified by an independent, qualified, Arkansas-registered professional
			 engineer on the structural integrity and suitability for handling hazardous
			 waste of each tank system, as required under §§ 267.191 and
			 267.192.
(b) Dimensions and
			 capacity of each tank.
(c)
			 Description of feed systems, safety cutoff, bypass systems, and pressure
			 controls (e.g., vents).
(d) A
			 diagram of piping, instrumentation, and process flow for each tank
			 system.
(e) A description of
			 materials and equipment used to provide external corrosion protection, as
			 required under § 267.191.
(f)
			 For new tank systems, a detailed description of how the tank system(s) will be
			 installed in compliance with §§ 267.192 and 267.194.
(g) Detailed plans and description of how the
			 secondary containment system for each tank system is or will be designed,
			 constructed, and operated to meet the requirements of §§ 267.195 and
			 267.196.
(h) [Reserved].
(i) Description of controls and practices to
			 prevent spills and overflows, as required under § 267.198.
(j) For tank systems in which ignitable,
			 reactive, or incompatible wastes are to be stored or treated, a description of
			 how operating procedures and tank system and facility design will achieve
			 compliance with the requirements of §§ 267.202 and 267.203.
(k) Information on air emission control
			 equipment as required by § 270.315.
§ 270.310
What equipment
			 information must I keep at my facility?
If your facility has equipment to which Section 264, subsection
				BB of this Rule applies, you must keep the following information at your
				facility:
(a) For each piece of
			 equipment to which Section 264 subsection BB applies:
(1) Equipment identification number and
			 hazardous waste management unit identification.
(2) Approximate locations within the facility
			 (e.g., identify the hazardous waste management unit on a facility plot
			 plan).
(3) Type of equipment (e.g.,
			 a pump or a pipeline valve).
(4)
			 Percent by weight of total organics in the hazardous waste stream at the
			 equipment.
(5) Hazardous waste
			 state at the equipment (e.g., gas/vapor or liquid).
(6) Method of compliance with the standard
			 (e.g., monthly leak detection and repair, or equipped with dual mechanical
			 seals).
(b) For
			 facilities that cannot install a closed-vent system and control device to
			 comply with Section 264, subsection BB on the effective date that the facility
			 becomes subject to the subsection BB provisions, an implementation schedule as
			 specified in § 264.1033(a)(2) of this Rule.
(c) Documentation that demonstrates
			 compliance with the equipment standards in §§ 264.1052 and 264.1059.
			 This documentation must contain the records required under §
			 264.1064.
(d) Documentation to
			 demonstrate compliance with § 264.1060 must include the following
			 information:
(1) A list of all information
			 references and sources used in preparing the documentation.
(2) Records, including the dates, of each
			 compliance test required by § 264.1033(j).
(3) A design analysis, specifications,
			 drawings, schematics, and piping and instrumentation diagrams based on the
			 appropriate sections of ''Course 415: Control of Gaseous Emissions''
			 (incorporated by reference as specified in § 260.11) or other engineering
			 texts acceptable to the Director that present basic control device design
			 information. The design analysis must address the vent stream characteristics
			 and control device operation parameters as specified in §
			 264.1035(b)(4)(iii).
(4) A
			 statement you signed and dated certifying that the operating parameters used in
			 the design analysis reasonably represent the conditions that exist when the
			 hazardous waste management unit is operating at the highest load or capacity
			 level reasonable expected to occur.
(5) A statement you signed and dated
			 certifying that the control device is designed to operate at an efficiency of
			 95 weight percent or greater.
§ 270.315
What air emissions
			 control information must I keep at my facility?
If you have air emission control equipment subject to Section
				264, subsection CC of this Rule, you must keep the following information at
				your facility:
(a) Documentation for
			 each floating roof cover installed on a tank subject to §§
			 264.1084(d)(1) or (d)(2) that includes information you prepared or the cover
			 manufacturer/vendor provided describing the cover design, and your
			 certification that the cover meets applicable design specifications listed in
			 §§ 264.1084(e)(1) or (f)(1).
(b) Identification of each container area
			 subject to the requirements of Section 264, subsection CC of this Rule, and
			 your certification that the requirements of this subsection are met.
(c) Documentation for each enclosure used to
			 control air pollutant emissions from tanks or containers under requirements of
			 § 264.1084(d)(5) or 264.1086(e)(1)(ii). You must include records for the
			 most recent set of calculations and measurements you performed to verify that
			 the enclosure meets the criteria of a permanent total enclosure as specified in
			 ''Procedure T-Criteria for and Verification of a Permanent or Temporary Total
			 Enclosure'' under
			 40
			 CFR 52.741, appendix B.
(d) [Reserved]
(e) Documentation for each closed vent system
			 and control device installed under requirements of § 264.1087 that
			 includes design and performance information as specified in § 270.24 (c)
			 and (d).
(f) An emission monitoring
			 plan for both Method 21 in 40 CFR Part 60, appendix A and control device
			 monitoring methods. This plan must include the following information:
			 monitoring point(s), Monitoring methods for control devices, monitoring
			 frequency, procedures for documenting exceedences, and procedures for
			 mitigating noncompliances.
Modifying a Standardized Permit
§ 270.320
How do I modify my RCRA
			 standardized permit?
You can modify your RCRA standardized permit by following the
				procedures found in
				40 CFR
				124.211 through
				124.214.
Section 273.
STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
Subsection A
- General
§
			 273.1
Scope
(a)
			 This part establishes requirements for managing the following:
(1) Batteries as described in §
			 273.2;
(2) Pesticides as described
			 in § 273.3;
(3)
			 Mercury-containing devices as described in § 273.4;
(4) Lamps as described in § 273.5:
			 and
(5)
Consumer electronic
			 items as described in § 273.6.
(b) This section provides an alternative set
			 of management standards in lieu of the rule under Sections 260 through
			 270.
§ 273.2
Applicability - Batteries
(a) Batteries
			 covered under § 273
(1) The requirements
			 of this section apply to persons managing batteries, as described in §
			 273.9 of this section, except those listed in paragraph (b) of this
			 section.
(2) Spent lead-acid
			 batteries which are not managed under § 266, Subsection G, are subject to
			 management under this section.
(b) Batteries not covered under § 273.
			 The requirements of this section do not apply to persons managing the following
			 batteries:
(1) Spent lead-acid batteries that
			 are managed under § 266, Subsection G.
(2) Batteries, as described in § 273.9
			 of this section, that are not yet wastes under § 261 of this Rule,
			 including those that do not meet the criteria for waste generation in paragraph
			 (c) of this section.
(3) Batteries,
			 as described in § 273.9 of this part, that are not hazardous waste. A
			 battery is a hazardous waste if it exhibits one or more of the characteristics
			 identified in § 261, Subsection C.
(c) Generation of waste batteries
(1) A used battery becomes a waste on the
			 date it is discarded (e.g., when sent for reclamation).
(2) An unused battery becomes a waste on the
			 date the handler decides to discard it.
§ 273.3
Applicability -
			 Pesticides
(a) Pesticides covered under
			 § 273. The requirements of this section apply to persons managing
			 pesticides, as described in § 273.9 of this section, meeting the following
			 conditions, except those listed in paragraph (b) of this section.
(1) Recalled pesticides that are:
(i) Stocks of a suspended and canceled
			 pesticide that are part of a voluntary or mandatory recall under FIFRA Section
			 19(b), including, but not limited to those owned by the registrant responsible
			 for conducting the recall; or
(ii)
			 Stocks of a suspended or cancelled pesticide, or a pesticide that is not in
			 compliance with FIFRA, that are part of a voluntary recall by the
			 registrant.
(2) Stocks
			 of other unused pesticide products that are collected and managed as part of a
			 waste pesticide collection program.
(b) Pesticides not covered under § 273.
			 The requirements of this section do not apply to persons managing the following
			 pesticides:
(1) Recalled pesticides described
			 in paragraph (a)(1) of this section, and unused pesticide products described in
			 paragraph (a)(2) of this section, that are managed by farmers in compliance
			 with § 262.70. (§ 262.70 addresses pesticides disposed of on the
			 farmer's own farm in a manner consistent with the disposal instructions on the
			 pesticide label, providing the container is triple rinsed in accordance with
			 § 261.7(b)(3));
(2) Pesticides
			 not meeting the conditions set forth in paragraph (a) of this section. These
			 pesticides must be managed in compliance with the hazardous waste rules in
			 §§ 260 through 270;
(3)
			 Pesticides that are not wastes under § 261 of this Rule, including those
			 that do not meet the criteria for waste generation in paragraph (c) of this
			 section or those that are not wastes as described in paragraph (d) of this
			 section; and
(4) Pesticides that
			 are not hazardous waste. A pesticide is a hazardous waste if it is listed in
			 § 261, Subsection D or if it exhibits one or more of the characteristics
			 identified in § 261, Subsection C.
(c) When a pesticide becomes a waste
(1) A recalled pesticide described in
			 paragraph (a)(1) of this section becomes a waste on the first date on which
			 both of the following conditions apply:
(i)
			 The generator of the recalled pesticide agrees to participate in the recall;
			 and
(ii) The person conducting the
			 recall decides to discard (e.g., burn the pesticide for energy
			 recovery).
(2) An unused
			 pesticide product described in paragraph (a)(2) of this section becomes a waste
			 on the date the generator decides to discard it.
(d) Pesticides that are not wastes. The
			 following pesticides are not wastes:
(1)
			 Recalled pesticides described in paragraph (a)(1) of this section, provided
			 that the person conducting the recall:
(i)
			 has not made a decision to discard (e.g., burn for energy recovery) the
			 pesticide. Until such a decision is made, the pesticide does not meet the
			 definition of "solid waste" under § 261.2; thus the pesticide is not a
			 hazardous waste and is not subject to hazardous waste requirements, including
			 § 273 of this Rule. This pesticide remains subject to the requirements of
			 FIFRA; or
(ii) has made a decision
			 to use a management option that, under § 261.2, does not cause the
			 pesticide to be a solid waste (i.e., the selected option is use (other than use
			 constituting disposal) or reuse (other than burning for energy recovery), or
			 reclamation). Such a pesticide is not a solid waste and therefore is not a
			 hazardous waste, and is not subject to the hazardous waste requirements
			 including § 273 of this Rule. This pesticide, including a recalled
			 pesticide that is exported to a foreign destination for use or reuse, remains
			 subject to the requirements of FIFRA.
(2) Unused pesticide products described in
			 paragraph (a)(2) of this section, if the generator of the unused pesticide
			 product has not decided to discard (e.g., burn for energy recovery) them. These
			 pesticides remain subject to the requirements of FIFRA.
§ 273.4
Applicability -
			 Mercury-Containing Devices
(a)
			 Mercury-containing devices covered under § 273. The requirements of this
			 section apply to persons managing mercury-containing devices, as described in
			 § 273.9 of this Section, except those listed in paragraph (b) of this
			 section.
(b) Mercury-containing
			 devices not covered under § 273. The requirements of this section do not
			 apply to persons managing the following mercury-containing devices:
(1) Mercury-containing devices that are not
			 yet wastes under § 261 of this Rule. Paragraph (c) of this section
			 describes when mercury-containing devices become wastes.
(2) Mercury-containing devices that are not
			 hazardous waste. A mercury-containing device is a hazardous waste if it
			 exhibits one or more of the characteristics identified in § 261,
			 Subsection C, or is listed in § 261, subsection D of this rule;
			 and
(3) Equipment and devices from
			 which the mercury-containing components have been removed.
(c) Generation of waste mercury-containing
			 devices.
(1) A used mercury-containing device
			 becomes a waste on the date it is discarded.
(2) An unused mercury-containing device
			 becomes a waste on the date the handler decides to discard it.
§ 273.5
Applicability - Lamps
(a) Lamps covered
			 under this Section 273. The requirements of this section apply to persons
			 managing lamps as described in § 273.9, except those listed in paragraph
			 (b) of this section.
(b) Lamps not
			 covered under this Section 273. The requirements of this section do not apply
			 to persons managing the following lamps:
(1)
			 Lamps that are not yet wastes under section 261 of this rule as provided in
			 paragraph (c) of this section.
(2)
			 Lamps that are not hazardous waste. A lamp is a hazardous waste if it exhibits
			 one or more of the characteristics identified in section 261, subsection C of
			 this rule.
(3)
Broken lamps
			 and the debris resulting from broken lamps are considered to be a hazardous
			 waste and are subject to the requirements of Sections 260-266, and 268 of this
			 rule.
(c)
			 Generation of waste lamps.
(1) A used lamp
			 becomes a waste on the date it is discarded.
(2) An unused lamp becomes a waste on the
			 date the handler decides to discard it.
§ 273.6
Applicability - Consumer
			 electronic items
(a)
Consumer
			 electronic items covered under this Section 273. The requirements of this
			 section apply to persons managing consumer electronic items as described in
			 § 273.9, except those listed in paragraph (b) of this
			 section.
(b)
Consumer electronic items not covered under this Section 273. The requirements
			 of this section do not apply to persons managing the following consumer
			 electronic items:
(1)
Consumer electronic items that are not yet wastes under section 261 of this
			 rule as provided in paragraph (c) of this section.
(2)
Consumer electronic items that
			 are not hazardous waste. A consumer electronic item is a hazardous waste if it
			 exhibits one or more of the characteristics identified in section 261,
			 subsection C of this rule.
(c)
Generation of consumer electronic
			 items.
(1)
A used consumer
			 electronic item becomes a waste on the date it is discarded.
(2)
An unused consumer electronic
			 item becomes a waste on the date the handler decides to discard
			 it.
§
			 273.7
[Reserved]
§ 273.8
Applicability - household
			 and very small quantity generator waste
(a) Persons managing the wastes listed below
			 may, at their option, manage them under the requirements of this section:
(1) Household wastes that are exempt under
			 § 261.4(b)(1) of this rule and are also of the same type as the universal
			 wastes defined at § 273.9; and/or
(2) Very small quantity generator wastes that
			 are exempt under § 261.5 of this rule and are also of the same type as the
			 universal wastes defined at § 273.9.
(b) Persons who commingle the wastes
			 described in paragraphs (a)(1) and (a)(2) of this section together with
			 universal waste regulated under this section must manage the commingled waste
			 under the requirements of this section.
§ 273.9
Definitions
"Ampule" means an airtight vial made of glass, plastic, metal,
				or any combination of these materials.
"Battery" means a device consisting of one or more electrically
				connected electrochemical cells which is designed to receive, store, and
				deliver electric energy. An electrochemical cell is a system consisting of an
				anode, cathode, and an electrolyte, plus such connections (electrical and
				mechanical) as may be needed to allow the cell to deliver or receive electrical
				energy. The term battery also includes an intact, unbroken battery from which
				the electrolyte has been removed.
"Cathode ray tube" or "CRT" means a vacuum tube,
				composed primarily of glass, which is the video display component of a
				television or computer monitor. An intact CRT means a CRT remaining inside the
				monitor whose vacuum has not been released. A broken CRT means glass removed
				from the monitor after the vacuum has been released.
"Consumer electronic item" means an electronic item or
				other electronic waste containing an intact or broken cathode ray tube, (e.g.,
				television, computer monitor, or other cathode ray tube monitor or display
				device), personal computer or computer component, audio and/or stereo player,
				videocassette recorder/player, digital videodisk (DVD) recorder/player, video
				camera, telephone, facsimile or copying machine, cellular telephone, wireless
				paging device, or video game console.
"Destination facility" means a facility that treats, disposes
				of, or recycles a particular category of universal waste, except those
				management activities described in subparagraphs (a) and (c) of sections 273.13
				and 273.33. A facility at which a particular category of universal waste is
				only accumulated, is not a destination facility for purposes of managing that
				category of universal waste.
"FIFRA" means the Federal Insecticide, Fungicide, and
				Rodenticide Act ( 7 U.S.C. 136 -136y ).
"Generator" means any person, by site, whose act or process
				produces hazardous waste identified or listed in § 261 of this Rule or
				whose act first causes a hazardous waste to become subject to rule.
"Lamp", also referred to as "universal waste lamp" is defined
				as the bulb or tube portion of an electric lighting device. A lamp is
				specifically designed to produce radiant energy, most often in the ultraviolet,
				visible, and infra-red regions of the electromagnetic spectrum. Examples of
				common universal waste electric lamps include, but are not limited to,
				fluorescent, high intensity discharge, neon, mercury vapor, high pressure
				sodium, and metal halide lamps.
"Large Quantity Handler of Universal Waste" means a universal
				waste handler (as defined in this section) who accumulates 5,000 kilograms or
				more total of universal waste (calculated collectively) at any time. This
				designation as a large quantity handler of universal waste is retained through
				the end of the calendar year in which 5,000 kilograms or more total of
				universal waste is accumulated.
"Mercury-containing device" means a device or a part of a
				device (including thermostats, but excluding batteries and lamps) which
				contains elemental mercury integral to its function.
"On-site" means the same or geographically contiguous property
				which may be divided by public or private right-of-way, provided that the
				entrance and exit between the properties is at a cross-roads intersection, and
				access is by crossing as opposed to going along the right of way.
				Non-contiguous properties owned by the same person but connected by a
				right-of-way which he controls and to which the public does not have access,
				are also considered on-site property.
"Pesticide" means any substance or mixture of substances
				intended for preventing, destroying, repelling, or mitigating any pest, or
				intended for use as a plant regulator, defoliant, or desiccant, other than any
				article that:
(a) is a new animal drug
			 under FFDCA section 201(w), or
(b)
			 is an animal drug that has been determined by regulation of the Secretary of
			 Health and Human Services not to be a new animal drug, or
(c) is an animal feed under FFDCA section
			 201(x) that bears or contains any substances described by paragraph (a) or (b)
			 of this section.
"Small Quantity Handler of Universal Waste" means a universal
				waste handler (as defined in this section) who does not accumulate more than
				5,000 kilograms total of universal waste (calculated collectively) at any
				time.
"Thermostat" means a temperature control device that contains
				metallic mercury in an ampule attached to a bimetal sensing element, and
				mercury-containing ampules that have been removed from these temperature
				control devices in compliance with the requirements of § 273.13(c)(2) or
				§ 273.33(c)(2).
"Universal Waste" means any of the following hazardous wastes
				that are subject to the universal waste requirements of § 273:
(a) Batteries as described in
			 § 273.2;
(b) Pesticides as
			 described in § 273.3;
(c)
			 Mercury-containing devices as described in § 273.4;
(d) Lamps as described in §
			 273.5;
(e)
Consumer
			 electronic items as described in § 273.6.
"Universal Waste
			 Handler":
(a) Means:
(1) A generator (as defined in this section)
			 of universal waste; or
(2) The
			 owner or operator of a facility, including all contiguous property, that
			 receives universal waste from other universal waste handlers, accumulates
			 universal waste, and sends universal waste to another universal waste handler,
			 to a destination facility, or to a foreign destination.
(b) Does not mean:
(1) A person who treats (except under the
			 provisions of § 273.13(a) or (c), or § 273.33(a) or (c)), disposes
			 of, or recycles universal waste; or
(2) A person engaged in the off-site
			 transportation of universal waste by air, rail, highway, or water, including a
			 universal waste transfer facility.
"Universal Waste Transfer Facility" means any
				transportation-related facility including loading docks, parking areas, storage
				areas and other similar areas where shipments of universal waste are held
				during the normal course of transportation for ten days or less.
"Universal Waste Transporter" means a person engaged in the
				off-site transportation of universal waste by air, rail, highway, or
				water.
Subsection B
- Standards for Small
			 Quantity Handlers of Universal Waste
§
			 273.10
Applicability
This Subsection applies to small quantity handlers of universal
				waste (as defined in § 273.9).
§ 273.11
Prohibitions
A small quantity handler of universal waste is:
(a) Prohibited from disposing of universal
			 waste; and
(b) Prohibited from
			 diluting or treating universal waste, except by responding to releases as
			 provided in § 273.17; or by managing specific wastes as provided in §
			 273.13.
§ 273.12
Notification
A small quantity handler of universal waste is not required to
				notify the Division of universal waste handling activities.
§ 273.13
Waste management
(a) Universal waste batteries: A small
			 quantity handler of universal waste must manage universal waste batteries in a
			 way that prevents releases of any universal waste or component of a universal
			 waste to the environment, as follows:
(1) A
			 small quantity handler of universal waste must contain any universal waste
			 battery that shows evidence of leakage, spillage, or damage that could cause
			 leakage under reasonably foreseeable conditions in a container. The container
			 must be closed, structurally sound, compatible with the contents of the
			 battery, and must lack evidence of leakage, spillage, or damage that could
			 cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal
			 waste may conduct the following activities as long as the casing of each
			 individual battery cell is not breached and remains intact and closed (except
			 that cells may be opened to remove electrolyte but must be immediately closed
			 after removal):
(i) sorting batteries by
			 type;
(ii) mixing battery types in
			 one container;
(iii) discharging
			 batteries so as to remove the electric charge;
(iv) regenerating used batteries;
(v) disassembling batteries or battery packs
			 into individual batteries or cells;
(vi) removing batteries from consumer
			 products; or
(vii) removing
			 electrolyte from batteries.
(3) A small quantity handler of universal
			 waste who removes electrolyte from batteries, or who generates other solid
			 waste (e.g., battery pack materials, discarded consumer products) as a result
			 of the activities listed above, must determine whether the electrolyte and/or
			 other solid waste exhibit a characteristic of hazardous waste identified in
			 § 261, Subsection C.
(i) If the
			 electrolyte and/or other solid waste exhibit a characteristic of hazardous
			 waste, it is subject to all applicable requirements of Sections 260 through
			 270. The handler is considered the generator of the hazardous electrolyte
			 and/or other waste and is subject to § 262.
(ii) If the electrolyte or other solid waste
			 is not hazardous, the handler may manage the waste in any way that is in
			 compliance with applicable federal, state or local solid waste rules and
			 regulations.
(b) Universal waste pesticides. A small
			 quantity handler of universal waste must manage universal waste pesticides in a
			 way that prevents releases of any universal waste or component of a universal
			 waste to the environment. The universal waste pesticides must be contained in
			 one or more of the following:
(1) A container
			 that remains closed, structurally sound, compatible with the pesticide, and
			 that lacks evidence of leakage, spillage, or damage that could cause leakage
			 under reasonably foreseeable conditions; or
(2) A container that does not meet the
			 requirements of paragraph (1), provided that the unacceptable container is
			 overpacked in a container that does meet the requirements of paragraph (1);
			 or
(3) A tank that meets the
			 requirements of § 265 Subsection J, except for §§ 265.197(c),
			 265.200, and 265.201; or
(4) A
			 transport vehicle or vessel that is closed, structurally sound, compatible with
			 the pesticide, and that lacks evidence of leakage, spillage, or damage that
			 could cause leakage under reasonably foreseeable conditions.
(c) Universal waste
			 mercury-containing devices: A small quantity handler of universal waste must
			 manage universal waste mercury-containing devices in a way that prevents
			 releases of any universal waste or component of a universal waste to the
			 environment, as follows:
(1) A small quantity
			 handler of universal waste must place in a container any universal waste
			 mercury-containing device with non-contained elemental mercury or that shows
			 evidence of leakage, spillage, or damage that could cause leakage under
			 reasonably foreseeable conditions. The container must be closed, structurally
			 sound, compatible with the contents of the device, must lack evidence of
			 leakage, spillage, or damage that could cause leakage under reasonably
			 foreseeable conditions, and must be reasonably designed to prevent the escape
			 of mercury into the environment by volatilization or any other means.
(2) A small quantity handler of universal
			 waste may remove mercury-containing ampules from universal waste thermostats or
			 other universal waste mercury-containing devices provided the handler:
(i) Removes the ampules in a manner designed
			 to prevent breakage of the ampules;
(ii) Removes ampules only over or in a
			 containment device (e.g., tray or pan sufficient to collect and contain any
			 mercury released from an ampule in case of breakage);
(iii) Ensures that a mercury clean-up system
			 is readily available to immediately transfer any mercury resulting from spills
			 or leaks from broken ampules, from that containment device to a container that
			 meets the requirements of § 262.34;
(iv) Immediately transfers any mercury
			 resulting from spills or leaks from broken ampules from the containment device
			 to a container that meets the requirements of § 262.34;
(v) Ensures that the area in which ampules
			 are removed is well ventilated and monitored to ensure compliance with
			 applicable OSHA exposure levels for mercury;
(vi) Ensures that employees removing ampules
			 are thoroughly familiar with proper waste mercury handling and emergency
			 procedures, including transfer of mercury from containment devices to
			 appropriate containers;
(vii)
			 Stores removed ampules in closed, non-leaking containers that are in good
			 condition;
(viii) Packs removed
			 ampules in the container with packing materials adequate to prevent breakage
			 during storage, handling, and transportation; and
(3) A small quantity handler of universal
			 waste mercury-containing devices that do not contain an ampule may remove the
			 original housing holding the mercury from universal waste mercury-containing
			 devices provided the hander
(i) Immediately
			 seals the original housing holding the mercury with an airtight seal;
			 and
(ii) Follows all requirements
			 for removing ampules and managing removed ampules under paragraph (2) of this
			 subsection; and
(4)
(i) A small quantity handler of universal
			 waste who removes mercury-containing ampules from mercury-containing devices or
			 seals mercury from mercury-containing devices in its original housing must
			 determine whether the following exhibit a characteristic of hazardous waste
			 identified in § 261, Subsection C:
(A)
			 Mercury or clean-up residues resulting from spills or leaks; and/or
(B) Other solid waste generated as a result
			 of the removal of mercury-containing ampules or housings (e.g., the remaining
			 mercury-containing device).
(ii) If the mercury, residues, and/or other
			 solid waste exhibit a characteristic of hazardous waste, it must be managed in
			 compliance with all applicable requirements of Sections 260 through 270. The
			 handler is considered the generator of the mercury, residues, and/or other
			 waste and must manage it is subject to § 262.
(iii) If the mercury, residues, and/or other
			 solid waste is not hazardous, the handler may manage the waste in any way that
			 is in compliance with applicable federal, state or local solid waste rules and
			 regulations.
(d) Lamps. A small quantity handler of
			 universal waste must manage lamps in a way that prevents releases of any
			 universal waste or component of a universal waste to the environment, as
			 follows:
(1) A small quantity handler of
			 universal waste must contain any lamp in containers or packages that are
			 structurally sound, adequate to prevent breakage, and compatible with the
			 contents of the lamps. Such containers and packages must remain closed and must
			 lack evidence of leakage, spillage or damage that could cause leakage under
			 reasonably foreseeable conditions.
(2) A small quantity handler of universal
			 waste must immediately clean up and place in a container any lamp that is
			 broken and must place in a container any lamp that shows evidence of breakage,
			 leakage, or damage that could cause the release of mercury or other hazardous
			 constituents to the environment. Containers must be closed, structurally sound,
			 compatible with the contents of the lamps and must lack evidence of leakage,
			 spillage or damage that could cause leakage or releases of mercury or other
			 hazardous constituents to the environment under reasonably foreseeable
			 conditions.
(e)
Consumer electronic items. A small quantity handler of universal waste must
			 manage waste consumer electronic items in a way that prevents releases of any
			 universal waste or component of a universal waste to the environment, as
			 follows:
(1)
A small
			 quantity handler of universal waste must contain any waste consumer electronic
			 item in containers or packages that are structurally sound, adequate to prevent
			 breakage, and compatible with the contents of the items. Such containers and
			 packages must remain closed and must lack evidence of leakage, spillage or
			 damage that could cause leakage under reasonably foreseeable
			 conditions.
(2)
A
			 small quantity handler of universal waste must immediately clean up and place
			 in a container any CRT that is broken and must place in a container any CRT
			 that shows evidence of breakage, leakage, or damage that could cause the
			 release of lead or other hazardous constituents to the environment. Containers
			 must be closed, structurally sound, compatible with the contents of the items
			 and must lack evidence of leakage, spillage or damage that could cause leakage
			 or releases of lead or other hazardous constituents to the environment under
			 reasonably foreseeable conditions.
(3)
A small quantity handler of
			 universal waste may conduct the following activities as long as cathode ray
			 tubes are not broken, and the casing of battery cells is not breached and
			 remains intact and closed):
(i)
sorting consumer electronic items by type;
(ii)
mixing consumer electronic item
			 types in one container;
(iii)
disassembling consumer
			 electronic items to separate CRTs, batteries, circuit boards, or other
			 components to facilitate the recycling or reclamation of these
			 components;
(4)
A small quantity handler of universal waste who
			 disassembles consumer electronic items for the purpose of facilitating the
			 recycling or reclamation of individual components of those items must determine
			 whether those components and/or other solid waste resulting from the activities
			 listed above exhibit a characteristic of hazardous waste identified in §
			 261, Subsection C.
(i)
If
			 the separated components of the consumer electronic items and/or other solid
			 waste exhibit a characteristic of hazardous waste, they may continue to be
			 managed as a universal waste under the provisions of this Section. Otherwise,
			 they are subject to all applicable requirements of Sections 260 through 270 of
			 this Rule. The handler is then considered the generator of this hazardous waste
			 and/or other waste and is subject to § 262 of this
			 Rule.
(ii)
If the
			 separated component or other solid waste is not hazardous, the handler may
			 manage the waste in any way that is in compliance with applicable federal,
			 state or local solid waste rules and regulations.
§ 273.14
Labeling/marking
A small quantity handler of universal waste must label or mark
				the universal waste to identify the type of universal waste as specified
				below:
(a) Universal waste batteries
			 (i.e., each battery), or a container in which the batteries are contained, must
			 be labeled or marked clearly with any one of the following phrases: "Universal
			 Waste - Battery(ies)," or "Waste Battery(ies)," or "Used
			 Battery(ies);"
(b) A container, (or
			 multiple container package unit), tank, transport vehicle or vessel in which
			 recalled universal waste pesticides as described in § 273.3(a)(1) are
			 contained must be labeled or marked clearly with:
(1) The label that was on or accompanied the
			 product as sold or distributed; and
(2) The words "Universal Waste -
			 Pesticide(s)" or "Waste - Pesticide(s);"
(c) A container, tank, or transport vehicle
			 or vessel in which unused pesticide products as described in § 273.3(a)(2)
			 are contained must be labeled or marked clearly with:
(1)
(i) The
			 label that was on the product when purchased, if still legible;
(ii) If using the labels described in
			 paragraph (1)(i) is not feasible, the appropriate label as required under the
			 Department of Transportation regulation 49 CFR part 172;
(iii) If using the labels described in
			 paragraphs (c)(1)(i) and (ii) is not feasible, another label prescribed or
			 designated by the waste pesticide collection program administered or recognized
			 by a state; and (2) The words "Universal Waste - Pesticide(s)" or "Waste -
			 Pesticide(s)."
(d) Universal waste mercury-containing
			 devices (i.e., each device), or a container in which the thermostats or
			 mercury-containing devices are contained, must be labeled or marked clearly
			 with any one of the following phrases: "Universal Waste," followed by a
			 description of the item or the items in the container - e.g.,
			 ''Mercury-Containing Device(s),'' or ''Waste Mercury-Containing Device(s),''
			 ''Used Mercury-Containing Device(s),'' Mercury Thermostat(s)," or "Waste
			 Mercury Thermostat(s)," or "Used Mercury Thermostat(s)" .
(e) Each lamp or a container or package in
			 which universal waste lamps are contained must be labeled or marked clearly
			 with one of the following phrases: "Universal Waste-Lamp(s)," or "Waste
			 Lamp(s)," or "Used Lamp(s).''
(f)
Universal waste consumer electronic items (i.e., each item), or a
			 container in which the consumer electronic items are contained, must be labeled
			 or marked clearly with the phrases: "Universal Waste," followed by a
			 description of the item or the items in the container - e.g., "Consumer
			 Electronic Items", or "Electronic Wastes," or "Used Electronic Items;" "Spent
			 CRTs," etc.
§
			 273.15
Accumulation time limits
(a) A small quantity handler of universal
			 waste may accumulate universal waste for no longer than one year from the date
			 the universal waste is generated, or received from another handler, unless the
			 requirements of paragraph (b) are met.
(b) A small quantity handler of universal
			 waste may accumulate universal waste for longer than one year from the date the
			 universal waste is generated, or received from another handler, if such
			 activity is solely for the purpose of accumulation of such quantities of
			 universal waste as necessary to facilitate proper recovery, treatment, or
			 disposal. However, the handler bears the burden of proving that such activity
			 is solely for the purpose of accumulation of such quantities of universal waste
			 as necessary to facilitate proper recovery, treatment, or disposal.
(c) A small quantity handler of universal
			 waste who accumulates universal waste must be able to demonstrate the length of
			 time that the universal waste has been accumulated from the date it becomes a
			 waste or is received. The handler may make this demonstration by:
(1) Placing the universal waste in a
			 container and marking or labeling the container with the earliest date that any
			 universal waste in the container became a waste or was received;
(2) Marking or labeling each individual item
			 of universal waste (e.g., each battery or thermostat) with the date it became a
			 waste or was received;
(3)
			 Maintaining an inventory system on-site that identifies the date each universal
			 waste became a waste or was received;
(4) Maintaining an inventory system on-site
			 that identifies the earliest date that any universal waste in a group of
			 universal waste items or a group of containers of universal waste became a
			 waste or was received;
(5) Placing
			 the universal waste in a specific accumulation area and identifying the
			 earliest date that any universal waste in the area became a waste or was
			 received; or
(6) Any other method
			 which clearly demonstrates the length of time that the universal waste has been
			 accumulated from the date it becomes a waste or is received.
§ 273.16
Employee training
A small quantity handler of universal waste must inform all
				employees who handle or have responsibility for managing universal waste. The
				information must describe proper handling and emergency procedures appropriate
				to the type(s) of universal waste handled at the facility.
§ 273.17
Response to
			 releases
(a) A small quantity handler
			 of universal waste must immediately contain all releases of universal wastes
			 and other residues from universal wastes.
(b) A small quantity handler of universal
			 waste must determine whether any material resulting from the release is
			 hazardous waste, and if so, must manage the hazardous waste in compliance with
			 all applicable requirements of Sections 260 through 270. The handler is
			 considered the generator of the material resulting from the release, and must
			 manage it in compliance with § 262.
§ 273.18
Off-site shipments
(a) A small quantity handler of universal
			 waste is prohibited from sending or taking universal waste to a place other
			 than another universal waste handler, a destination facility, or a foreign
			 destination.
(b) If a small
			 quantity handler of universal waste self-transports universal waste off-site,
			 the handler becomes a universal waste transporter for those self-transportation
			 activities and must comply with the transporter requirements of Subsection D of
			 this section while transporting the universal waste.
(c) If a universal waste being offered for
			 off-site transportation meets the definition of hazardous materials under 49
			 CFR 171 -180, a small quantity handler of universal waste must package, label,
			 mark and placard the shipment, and prepare the proper shipping papers in
			 accordance with the applicable Department of Transportation regulations under
			 49 CFR parts 172 - 180;
(d) Prior
			 to sending a shipment of universal waste to another universal waste handler,
			 the originating handler must ensure that the receiving handler agrees to
			 receive the shipment.
(e) If a
			 small quantity handler of universal waste sends a shipment of universal waste
			 to another handler or to a destination facility and the shipment is rejected by
			 the receiving handler or destination facility, the originating handler must
			 either:
(1) Receive the waste back when
			 notified that the shipment has been rejected, or
(2) Agree with the receiving handler on a
			 destination facility to which the shipment will be sent.
(f) A small quantity handler of universal
			 waste may reject a shipment containing universal waste, or a portion of a
			 shipment containing universal waste that he has received from another handler.
			 If a handler rejects a shipment or a portion of a shipment, he must contact the
			 originating handler to notify him of the rejection and to discuss reshipment of
			 the load. The handler must:
(1) Send the
			 shipment back to the originating handler, or
(2) If agreed to by both the originating and
			 receiving handler, send the shipment to a destination facility.
(g) If a small quantity handler of
			 universal waste receives a shipment containing hazardous waste that is not a
			 universal waste, the handler must immediately notify the Division of the
			 illegal shipment, and provide the name, address, and phone number of the
			 originating shipper. DEQ will provide instructions for managing the hazardous
			 waste.
(h) If a small quantity
			 handler of universal waste receives a shipment of non-hazardous, non-universal
			 waste, the handler may manage the waste in any way that is in compliance with
			 applicable federal, state or local solid waste rules and regulations.
§ 273.19
Tracking
			 universal waste shipments
A small quantity handler of universal waste is not required to
				keep records of shipments of universal waste.
§ 273.20
Exports
A small quantity handler of universal waste who sends universal
				waste to a foreign destination is subject to the requirements of Section 262,
				subsection H.
Subsection
			 C
- Standards for Large Quantity Handlers of Universal
			 Waste
§ 273.30
Applicability
This Subsection applies to large quantity handlers of universal
				waste (as defined in 273.9).
§
			 273.31
Prohibitions
A large quantity handler of universal waste is:
(a) Prohibited from disposing of universal
			 waste; and
(b) Prohibited from
			 diluting or treating universal waste, except by responding to releases as
			 provided in § 273.37; or by managing specific wastes as provided in §
			 273.33.
§ 273.32
Notification
(a)
(1) Except as provided in paragraphs (a)(2)
			 and (3) of this section, a large quantity handler of universal waste must have
			 sent written notification of universal waste management to the Division and
			 received an EPA Identification Number, before meeting or exceeding the 5,000
			 kilogram storage limit.
(2) A large
			 quantity handler of universal waste who has already notified the Division of
			 his hazardous waste management activities and has received an EPA
			 Identification Number is not required to renotify under this section.
(3) A large quantity handler of universal
			 waste who manages recalled universal waste pesticides as described in
			 273.3(a)(1) and who has sent notification to EPA as required by 40 CFR 165 is
			 not required to notify for those recalled universal waste pesticides under this
			 section.
(b) This
			 notification must include:
(1) The universal
			 waste handler's name and mailing address;
(2) The name and business telephone number of
			 the person at the universal waste handler's site who should be contacted
			 regarding universal waste management activities;
(3) The address or physical location of the
			 universal waste management activities;
(4) A list of all of the types of universal
			 waste managed by the handler (e.g, batteries, pesticides, mercury-containing
			 devices, lamps, and
consumer electronic items
);
(5) A statement indicating that the handler
			 is accumulating more than 5,000 kilograms of universal waste at one time and
			 the types of universal waste (e.g, batteries, pesticides, mercury-containing
			 devices, lamps, and
consumer electronic items
) the handler is
			 accumulating above this quantity.
§ 273.33
Waste management
(a) Universal waste batteries: A large
			 quantity handler of universal waste must manage universal waste batteries in a
			 way that prevents releases of any universal waste or component of a universal
			 waste to the environment, as follows:
(1) A
			 large quantity handler of universal waste must contain any universal waste
			 battery that shows evidence of leakage, spillage, or damage that could cause
			 leakage under reasonably foreseeable conditions in a container. The container
			 must be closed, structurally sound, compatible with the contents of the
			 battery, and must lack evidence of leakage, spillage, or damage that could
			 cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal
			 waste may conduct the following activities as long as the casing of each
			 individual battery cell is not breached and remains intact and closed (except
			 that cells may be opened to remove electrolyte but must be immediately closed
			 after removal):
(i) sorting batteries by
			 type;
(ii) mixing battery types in
			 one container;
(iii) discharging
			 batteries so as to remove the electric charge;
(iv) regenerating used batteries;
(v) disassembling batteries or battery packs
			 into individual batteries or cells;
(vi) removing batteries from consumer
			 products; or
(vii) removing
			 electrolyte from batteries.
(3) A large quantity handler of universal
			 waste who removes electrolyte from batteries, or who generates other solid
			 waste (e.g., battery pack materials, discarded consumer products) as a result
			 of the activities listed above, must determine whether the electrolyte and/or
			 other solid waste exhibit a characteristic of hazardous waste identified in
			 § 261, Subsection C.
(i) If the
			 electrolyte and/or other solid waste exhibit a characteristic of hazardous
			 waste, it must be managed in compliance with all applicable requirements of
			 Sections 260 through 270. The handler is considered the generator of the
			 hazardous electrolyte and/or other waste and is subject to §
			 262.
(ii) If the electrolyte or
			 other solid waste is not hazardous, the handler may manage the waste in any way
			 that is in compliance with applicable federal, state or local solid waste rules
			 and regulations.
(b) Universal waste pesticides: A large
			 quantity handler of universal waste must manage universal waste pesticides in a
			 way that prevents releases of any universal waste or component of a universal
			 waste to the environment. The universal waste pesticides must be contained in
			 one or more of the following:
(1) A container
			 that remains closed, structurally sound, compatible with the pesticide, and
			 that lacks evidence of leakage, spillage, or damage that could cause leakage
			 under reasonably foreseeable conditions; or
(2) A container that does not meet the
			 requirements of paragraph (1), provided that the unacceptable container is
			 overpacked in a container that does meet the requirements of paragraph (1);
			 or
(3) A tank that meets the
			 requirements of 265 Subsection J, except for §§ 265.197(c), 265.200,
			 and 265.201; or
(4) A transport
			 vehicle or vessel that is closed, structurally sound, compatible with the
			 pesticide, and that lacks evidence of leakage, spillage, or damage that could
			 cause leakage under reasonably foreseeable conditions.
(c) Universal waste mercury-containing
			 devices: A large quantity handler of universal waste must manage universal
			 waste mercury-containing devices in a way that prevents releases of any
			 universal waste or component of a universal waste to the environment, as
			 follows:
(1) A large quantity handler of
			 universal waste must place in a container any universal waste
			 mercury-containing device with non-contained elemental mercury or that shows
			 evidence of leakage, spillage, or damage that could cause leakage under
			 reasonably foreseeable conditions. The container must be closed, structurally
			 sound, compatible with the contents of the mercury-containing device, and must
			 lack evidence of leakage, spillage, or damage that could cause leakage under
			 reasonably foreseeable conditions, and must be reasonably designed to prevent
			 the escape of mercury into the environment by volatilization or any other
			 means.
(2) A large quantity handler
			 of universal waste may remove mercury-containing ampules from universal waste
			 thermostats or other mercury-containing devices provided the handler:
(i) Removes the ampules in a manner designed
			 to prevent breakage of the ampules;
(ii) Removes ampules only over or in a
			 containment device (e.g., tray or pan sufficient to contain any mercury
			 released from an ampule in case of breakage);
(iii) Ensures that a mercury clean-up system
			 is readily available to immediately transfer any mercury resulting from spills
			 or leaks from broken ampules, from the containment device to a container that
			 meets the requirements of § 262.34;
(iv) Immediately transfers any mercury
			 resulting from spills or leaks from broken ampules from the containment device
			 to a container that meets the requirements of § 262.34;
(v) Ensures that the area in which ampules
			 are removed is well ventilated and monitored to ensure compliance with
			 applicable OSHA exposure levels for mercury;
(vi) Ensures that employees removing ampules
			 are thoroughly familiar with proper waste mercury handling and emergency
			 procedures, including transfer of mercury from containment devices to
			 appropriate containers;
(vii)
			 Stores removed ampules in closed, non-leaking containers that are in good
			 condition;
(viii) Packs removed
			 ampules in the container with packing materials adequate to prevent breakage
			 during storage, handling, and transportation; and
(3) A large quantity handler of universal
			 waste mercury-containing devices that do not contain an ampule may remove the
			 original housing holding the mercury from universal waste mercury-containing
			 devices provided the handler:
(i) immediately
			 seals the original housing holding the mercury with an airtight seal to prevent
			 the release of any mercury to the environment; and
(ii) Follows all requirements for removing
			 ampules and managing removed ampules under paragraph (2) of this subsection;
			 and
(4)
(i) A large quantity handler of universal
			 waste who removes mercury-containing ampules from mercury-containing devices or
			 seals mercury from mercury-containing devices must determine whether the
			 following exhibit a characteristic of hazardous waste identified in § 261,
			 Subsection C:
(A) Mercury or clean-up residues
			 resulting from spills or leaks; and/or
(B) Other solid waste generated as a result
			 of the removal of mercury-containing ampules or housing (e.g., the remaining
			 mercury-containing device).
(ii) If the mercury, residues, and/or other
			 solid waste exhibit a characteristic of hazardous waste, it must be managed in
			 compliance with all applicable requirements of Sections 260 through 270 of this
			 Rule. The handler is considered the generator of the mercury, residues, and/or
			 other waste and is subject to § 262 of this rule.
(iii) If the mercury, residues, and/or other
			 solid waste is not hazardous, the handler may manage the waste in any way that
			 is in compliance with applicable federal, state or local solid waste rules and
			 regulations.
(d) Lamps. A large quantity handler of
			 universal waste must manage lamps in a way that prevents releases of any
			 universal waste or component of a universal waste to the environment, as
			 follows:
(1) A large quantity handler of
			 universal waste must contain any lamp in containers or packages that are
			 structurally sound, adequate to prevent breakage, and compatible with the
			 contents of the lamps. Such containers and packages must remain closed and must
			 lack evidence of leakage, spillage or damage that could cause leakage under
			 reasonably foreseeable conditions.
(2) A large quantity handler of universal
			 waste must immediately clean up and place in a container any lamp that is
			 broken and must place in a container any lamp that shows evidence of breakage,
			 leakage, or damage that could cause the release of mercury or other hazardous
			 constituents to the environment. Containers must be closed, structurally sound,
			 compatible with the contents of the lamps and must lack evidence of leakage,
			 spillage or damage that could cause leakage or releases of mercury or other
			 hazardous constituents to the environment under reasonably foreseeable
			 conditions.
(e)
Consumer electronic items. A large quantity handler of universal waste must
			 manage waste consumer electronic items in a way that prevents releases of any
			 universal waste or component of a universal waste to the environment, as
			 follows:
(1)
A large
			 quantity handler of universal waste must contain any waste consumer electronic
			 item in containers or packages that are structurally sound, adequate to prevent
			 breakage, and compatible with the contents of the items. Such containers and
			 packages must remain closed and must lack evidence of leakage, spillage or
			 damage that could cause leakage under reasonably foreseeable
			 conditions.
(2)
A
			 large quantity handler of universal waste must immediately clean up and place
			 in a container any CRT that is broken and must place in a container any CRT
			 that shows evidence of breakage, leakage, or damage that could cause the
			 release of lead or other hazardous constituents to the environment. Containers
			 must be closed, structurally sound, compatible with the contents of the items
			 and must lack evidence of leakage, spillage or damage that could cause leakage
			 or releases of lead or other hazardous constituents to the environment under
			 reasonably foreseeable conditions.
(3)
A large quantity handler of
			 universal waste may conduct the following activities as long as cathode ray
			 tubes are not broken and the casing of battery cells is not breached and
			 remains intact and closed:
(i)
sorting consumer electronic items by type;
(ii)
mixing consumer electronic item
			 types in one container;
(iii)
disassembling consumer
			 electronic items to separate CRTs, batteries, circuit boards, or other
			 components to facilitate the recycling or reclamation of these
			 components;
(4)
A large quantity handler of
			 universal waste who disassembles consumer electronic items for the purpose of
			 facilitating the recycling or reclamation of individual components of those
			 items must determine whether those components and/or other solid waste
			 resulting from the activities listed above exhibit a characteristic of
			 hazardous waste identified in § 261, Subsection C.
(i)
If the separated components of
			 the consumer electronic items and/or other solid waste exhibit a characteristic
			 of hazardous waste, they may continue to be managed as a universal waste under
			 the provisions of this Section. Otherwise, they are subject to all applicable
			 requirements of Sections 260 through 270 of this Rule. The handler is then
			 considered the generator of this hazardous waste and/or other waste and is
			 subject to § 262 of this Rule.
(ii)
If the separated component or
			 other solid waste is not hazardous, the handler may manage the waste in any way
			 that is in compliance with applicable federal, state or local solid waste rules
			 and regulations.
§ 273.34
Labeling/marking
A large quantity handler of universal waste must label or mark
				the universal waste to identify the type of universal waste as specified
				below:
(a) Universal waste batteries
			 (i.e., each battery), or a container or tank in which the batteries are
			 contained, must be labeled or marked clearly with any one of the following
			 phrases: "Universal Waste - Battery(ies)," or "Waste Battery(ies)," or "Used
			 Battery(ies);"
(b) A container (or
			 multiple container package unit), tank, transport vehicle or vessel in which
			 recalled universal waste pesticides as described in § 273.3(a)(1) are
			 contained must be labeled or marked clearly with:
(1) The label that was on or accompanied the
			 product as sold or distributed; and
(2) The words "Universal Waste -
			 Pesticide(s)" or "Waste - Pesticide(s);"
(c) A container, tank, or transport vehicle
			 or vessel in which unused pesticide products as described in § 273.3(a)(2)
			 are contained must be labeled or marked clearly with:
(1)
(i) The
			 label that was on the product when purchased, if still legible;
(ii) If using the labels described in
			 paragraph (1)(i) is not feasible, the appropriate label as required under the
			 Department of Transportation regulation 49 CFR part 172;
(iii) If using the labels described in
			 paragraphs (1)(i) and (1)(ii) is not feasible, another label prescribed or
			 designated by the pesticide collection program; and (2) The words "Universal
			 Waste - Pesticide(s)" or "Waste - Pesticide(s)." (d)(1) Mercury-containing
			 devices (i.e., each device), or a container in which the mercury-containing
			 device is contained, must be labeled or marked clearly with any of the
			 following phrases: "Universal Waste-Mercury Containing Device(s)," "Waste
			 Mercury-Containing Devices," or "Used Mercury-Containing Devices."
(2) A universal waste
			 mercury-containing thermostat or container containing only universal waste
			 mercury-containing thermostats may be labeled or marked clearly with any of the
			 following phrases: "Universal Waste-Mercury Thermostat(s)," "Waste Mercury
			 Thermostat(s)," or "Used Mercury Thermostat(s)."
(e) Each lamp or a container or package in
			 which universal waste lamps are contained must be labeled or marked clearly
			 with any one of the following phrases: "Universal Waste-Lamp(s)," or "Waste
			 Lamp(s)," or "Used Lamp(s)."
(f)
Universal waste consumer electronic items (i.e., each item), or a
			 container in which the consumer electronic items are contained, must be labeled
			 or marked clearly with the phrases: "Universal Waste," followed by a
			 description of the item or the items in the container - e.g., "Consumer
			 Electronic Items", or "Electronic Wastes," or "Used Electronic Items;"
			 etc.
§
			 273.35
Accumulation time limits
(a) A large quantity handler of universal
			 waste may accumulate universal waste for no longer than one year from the date
			 the universal waste is generated, or received from another handler, unless the
			 requirements of paragraph (b) are met.
(b) A large quantity handler of universal
			 waste may accumulate universal waste for longer than one year from the date the
			 universal waste is generated, or received from another handler, if such
			 activity is solely for the purpose of accumulation of such quantities of
			 universal waste as necessary to facilitate proper recovery, treatment, or
			 disposal. However, the handler bears the burden of proving that such activity
			 was solely for the purpose of accumulation of such quantities of universal
			 waste as necessary to facilitate proper recovery, treatment, or
			 disposal.
(c) A large quantity
			 handler of universal waste must be able to demonstrate the length of time that
			 the universal waste has been accumulated from the date it becomes a waste or is
			 received. The handler may make this demonstration by:
(1) Placing the universal waste in a
			 container and marking or labeling the container with the earliest date that any
			 universal waste in the container became a waste or was received;
(2) Marking or labeling the individual item
			 of universal waste (e.g., each battery or thermostat) with the date it became a
			 waste or was received;
(3)
			 Maintaining an inventory system on-site that identifies the date the universal
			 waste being accumulated became a waste or was received;
(4) Maintaining an inventory system on-site
			 that identifies the earliest date that any universal waste in a group of
			 universal waste items or a group of containers of universal waste became a
			 waste or was received;
(5) Placing
			 the universal waste in a specific accumulation area and identifying the
			 earliest date that any universal waste in the area became a waste or was
			 received; or
(6) Any other method
			 which clearly demonstrates the length of time that the universal waste has been
			 accumulated from the date it becomes a waste or is received.
§ 273.36
Employee training
A large quantity handler of universal waste must ensure that
				all employees are thoroughly familiar with proper waste handling and emergency
				procedures, relative to their responsibilities during normal facility
				operations and emergencies.
§
			 273.37
Response to releases
(a) A large quantity handler of universal
			 waste must immediately contain all releases of universal wastes and other
			 residues from universal wastes.
(b)
			 A large quantity handler of universal waste must determine whether any material
			 resulting from the release is hazardous waste, and if so, must manage the
			 hazardous waste in compliance with all applicable requirements of Sections 260
			 through 270. The handler is considered the generator of the material resulting
			 from the release, and is subject to § 262.
§ 273.38
Off-site shipments
(a) A large quantity handler of universal
			 waste is prohibited from sending or taking universal waste to a place other
			 than another universal waste handler, a destination facility, or a foreign
			 destination.
(b) If a large
			 quantity handler of universal waste self-transports universal waste off-site,
			 the handler becomes a universal waste transporter for those self-transportation
			 activities and must comply with the transporter requirements of Subsection D of
			 this section while transporting the universal waste.
(c) If a universal waste being offered for
			 off-site transportation meets the definition of hazardous materials under 49
			 CFR 171 -180, a large quantity handler of universal waste must package, label,
			 mark and placard the shipment, and prepare the proper shipping papers in
			 accordance with the applicable Department of Transportation regulations under
			 49 CFR parts 172 - 180;
(d) Prior
			 to sending a shipment of universal waste to another universal waste handler,
			 the originating handler must ensure that the receiving handler agrees to
			 receive the shipment.
(e) If a
			 large quantity handler of universal waste sends a shipment of universal waste
			 to another handler or to a destination facility and the shipment is rejected by
			 the receiving handler or destination facility, the originating handler must
			 either:
(1) Receive the waste back when
			 notified that the shipment has been rejected, or
(2) Agree with the receiving handler on a
			 destination facility to which the shipment will be sent.
(f) A large quantity handler of universal
			 waste may reject a shipment containing universal waste, or a portion of a
			 shipment containing universal waste that he has received from another handler.
			 If a handler rejects a shipment or a portion of a shipment, he must contact the
			 originating handler to notify him of the rejection and to discuss reshipment of
			 the load. The handler must:
(1) Send the
			 shipment back to the originating handler, or
(2) If agreed to by both the originating and
			 receiving handler, send the shipment to a destination facility.
(g) If a large quantity handler of
			 universal waste receives a shipment containing hazardous waste that is not a
			 universal waste, the handler must immediately notify the Division of the
			 illegal shipment, and provide the name, address, and phone number of the
			 originating shipper. The Division will provide instructions for managing the
			 hazardous waste.
(h) If a large
			 quantity handler of universal waste receives a shipment of non-hazardous,
			 non-universal waste, the handler may manage the waste in any way that is in
			 compliance with applicable federal, state or local solid waste rules and
			 regulations.
§
			 273.39
Tracking universal waste shipments
(a) Receipt of shipments. A large quantity
			 handler of universal waste must keep a record of each shipment of universal
			 waste received at the facility. The record may take the form of a log, invoice,
			 manifest, bill of lading, movement document, or other shipping document. The
			 record for each shipment of universal waste received must include the following
			 information:
(1) The name and address of the
			 originating universal waste handler or foreign shipper from whom the universal
			 waste was sent;
(2) The quantity of
			 each type of universal waste received (e.g., batteries, pesticides,
			 thermostats);
(3) The date of
			 receipt of the shipment of universal waste.
(b) Shipments off-site. A large quantity
			 handler of universal waste must keep a record of each shipment of universal
			 waste sent from the handler to other facilities. The record may take the form
			 of a log, invoice, manifest, bill of lading, movement document or other
			 shipping document. The record for each shipment of universal waste sent must
			 include the following information:
(1) The
			 name and address of the universal waste handler, destination facility, or
			 foreign destination to whom the universal waste was sent;
(2) The quantity of each type of universal
			 waste sent (e.g., batteries, pesticides, thermostats);
(3) The date the shipment of universal waste
			 left the facility.
(c)
			 Record retention.
(1) A large quantity
			 handler of universal waste must retain the records described in paragraph (a)
			 of this section for at least three years from the date of receipt of a shipment
			 of universal waste.
(2) A large
			 quantity handler of universal waste must retain the records described in
			 paragraph (b) of this section for at least three years from the date a shipment
			 of universal waste left the facility.
§ 273.40
Exports
A large quantity handler of universal waste who sends universal
				waste to a foreign destination is subject to the requirements of Section 262,
				subsection H.
Subsection
			 D
- Standards for Universal Waste Transporters
§ 273.50
Applicability
This Subsection applies to universal waste transporters (as
				defined in 273.9).
§
			 273.51
Prohibitions
A universal waste transporter is:
(a) Prohibited from disposing of universal
			 waste; and
(b) Prohibited from
			 diluting or treating universal waste, except by responding to releases as
			 provided in § 273.54.
§
			 273.52
Waste management
(a) A universal waste transporter must comply
			 with all applicable U.S. Department of Transportation regulations in 49 CFR
			 part 171 through 180 for transport of any universal waste that meets the
			 definition of hazardous material in
			 49 CFR
			 171.8. For purposes of the Department of
			 Transportation regulations, a material is considered a hazardous waste if it is
			 subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental
			 Protection Agency specified in 40 CFR 262. Because universal waste does not
			 require a hazardous waste manifest, it is not considered hazardous waste under
			 the Department of Transportation regulations.
(b) Some universal waste materials are
			 regulated by the Department of Transportation as hazardous materials because
			 they meet the criteria for one or more hazard classes specified in
			 49
			 CFR 173.2. As universal waste shipments do
			 not require a manifest under 262, they may not be described by the DOT proper
			 shipping name "hazardous waste, (l) or (s), n.o.s.", nor may the hazardous
			 material's proper shipping name be modified by adding the word
			 "waste".
§ 273.53
Storage time limits
(a) A
			 universal waste transporter may only store the universal waste at a universal
			 waste transfer facility for ten days or less.
(b) If a universal waste transporter stores
			 universal waste for more than ten days, the transporter becomes a universal
			 waste handler and must comply with the applicable requirements of Subsections B
			 or C of this section while storing the universal waste.
§ 273.54
Response to
			 releases
(a) A universal waste
			 transporter must immediately contain all releases of universal wastes and other
			 residues from universal wastes.
(b)
			 A universal waste transporter must determine whether any material resulting
			 from the release is hazardous waste, and if so, it is subject to all applicable
			 requirements of Sections 260 through 272. If the waste is determined to be a
			 hazardous waste, the transporter is subject to § 262.
§ 273.55
Off-site shipments
(a) A universal waste transporter is
			 prohibited from transporting the universal waste to a place other than a
			 universal waste handler, a destination facility, or a foreign
			 destination.
(b) If the universal
			 waste being shipped off-site meets the Department of Transportation's
			 definition of hazardous materials under
			 49 CFR
			 171.8, the shipment must be properly
			 described on a shipping paper in accordance with the applicable Department of
			 Transportation regulations under 49 CFR part 172.
§ 273.56
Exports
A universal waste transporter transporting a shipment of
				universal waste to a foreign destination is subject to the requirements of
				section 262, subsection H.
Subsection E
- Standards for
			 Destination Facilities
§ 273.60
Applicability
(a) The owner or
			 operator of a destination facility (as defined in 273.9) is subject to all
			 applicable requirements of Sections 264, 265, 266, 268, and 270, of this Rule,
			 and the notification requirement under Section 3010 of RCRA:
(b) The owner or operator of a destination
			 facility that recycles a particular universal waste without storing that
			 universal waste before it is recycled must comply with §
			 261.6(c)(2).
§
			 273.61
Off-site shipments
(a) The owner or operator of a destination
			 facility is prohibited from sending or taking universal waste to a place other
			 than a universal waste handler, another destination facility or foreign
			 destination.
(b) The owner or
			 operator of a destination facility may reject a shipment containing universal
			 waste, or a portion of a shipment containing universal waste. If the owner or
			 operator of the destination facility rejects a shipment or a portion of a
			 shipment, he must contact the shipper to notify him of the rejection and to
			 discuss reshipment of the load. The owner or operator of the destination
			 facility must:
(1) Send the shipment back to
			 the original shipper, or
(2) If
			 agreed to by both the shipper and the owner or operator of the destination
			 facility, send the shipment to another destination facility.
(c) If the a owner or operator of
			 a destination facility receives a shipment containing hazardous waste that is
			 not a universal waste, the owner or operator of the destination facility must
			 immediately notify the Division of the illegal shipment, and provide the name,
			 address, and phone number of the shipper. The Division will provide
			 instructions for managing the hazardous waste.
(d) If the owner or operator of a destination
			 facility receives a shipment of non-hazardous, non-universal waste, the owner
			 or operator may manage the waste in any way that is in compliance with
			 applicable federal or state solid waste rules and regulations.
§ 273.62
Tracking
			 universal waste shipments
(a) The
			 owner or operator of a destination facility must keep a record of each shipment
			 of universal waste received at the facility. The record may take the form of a
			 log, invoice, manifest, bill of lading, movement document, or other shipping
			 document. The record for each shipment of universal waste received must include
			 the following information:
(1) The name and
			 address of the universal waste handler, destination facility, or foreign
			 shipper from whom the universal waste was sent;
(2) The quantity of each type of universal
			 waste received (e.g., batteries, pesticides, thermostats);
(3) The date of receipt of the shipment of
			 universal waste.
(b) The
			 owner or operator of a destination facility must retain the records described
			 in paragraph (a) of this section for at least three years from the date of
			 receipt of a shipment of universal waste.
Subsection F - Import Requirements
§ 273.70
Imports
Persons managing universal waste that is imported from a
				foreign country into the United States are subject to the requirements of
				section 262 subsection H and the applicable requirements of this part,
				immediately after the waste enters the United States, as indicated in
				paragraphs (a) through (c) of this section :
(a) A universal waste transporter is subject
			 to the universal waste transporter requirements of Subsection D of this
			 Section.
(b) A universal waste
			 handler is subject to the small or large quantity handler of universal waste
			 requirements of Subsections B or C, as applicable.
(c) An owner or operator of a destination
			 facility is subject to the destination facility requirements of Subsection E of
			 this Section.
(d) Persons managing
			 universal waste that is imported from an OECD country as specified in §
			 262.58(a)(1) are subject to paragraphs (a) through (c) of this section, in
			 addition to the requirements of section 262, subsection H.
Subsection G
-
			 Petitions to Include Other Wastes under § 273
§ 273.80
General
(a) Any person seeking to add a hazardous
			 waste or a category of hazardous waste to this part may petition for a
			 regulatory amendment under this Subsection, § 260.20 and §
			 260.23.
(b) To be successful, the
			 petitioner must demonstrate to the satisfaction of the Commission that the rule
			 under the universal waste rules of § 273 is: appropriate for the waste or
			 category of waste; will improve management practices for the waste or category
			 of waste; and will improve implementation of the hazardous waste program. The
			 petition must include the information required by § 260.20(b). The
			 petition should also address as many of the factors listed in § 273.81 as
			 are appropriate for the waste or waste category addressed in the
			 petition.
(c) The Commission will
			 evaluate petitions using the factors listed in § 273.81. The Commission
			 will grant or deny a petition using the factors listed in § 273.81. The
			 decision will be based on the weight of evidence showing that the rule under
			 § 273 is appropriate for the waste or category of waste, will improve
			 management practices for the waste or category of waste, and will improve
			 implementation of the hazardous waste program.
§ 273.81
Factors for Petitions to
			 Include Other Wastes under § 273
(a) The waste or category of waste, as
			 generated by a wide variety of generators, is listed in Subsection D of Section
			 261 of this Rule, or (if not listed) a proportion of the waste stream exhibits
			 one or more characteristics of hazardous waste identified in Subsection C of
			 § 261 of this Rule. (When a characteristic waste is added to the universal
			 waste rules of § 273 by using a generic name to identify the waste
			 category (e.g., batteries), the definition of universal waste in § 260.10
			 and § 273.9 will be amended to include only the hazardous waste portion of
			 the waste category (e.g., hazardous waste batteries). Thus, only the portion of
			 the waste stream that does exhibit one or more characteristics (i.e., is
			 hazardous waste) is subject to the universal waste rules of §
			 273;
(b) The waste or category of
			 waste is not exclusive to a specific industry or group of industries, is
			 commonly generated by a wide variety of types of establishments (including, for
			 example, households, retail and commercial businesses, office complexes, very
			 small quantity generators, small businesses, government organizations, as well
			 as large industrial facilities);
(c) The waste or category of waste is
			 generated by a large number of generators (e.g., more than 1,000 nationally)
			 and is frequently generated in relatively small quantities by each
			 generator;
(d) Systems to be used
			 for collecting the waste or category of waste (including packaging, marking,
			 and labeling practices) would ensure close stewardship of the waste;
(e) The risk posed by the waste or category
			 of waste during accumulation and transport is relatively low compared to other
			 hazardous wastes, and specific management standards proposed or referenced by
			 the petitioner (e.g., waste management requirements appropriate to be added to
			 §§ 273.13, 273.33, and 273.52; and/or applicable Department of
			 Transportation requirements) would be protective of human health and the
			 environment during accumulation and transport;
(f) Regulation of the waste or category of
			 waste under § 273 will increase the likelihood that the waste will be
			 diverted from non-hazardous waste management systems (e.g, the municipal waste
			 stream, non-hazardous industrial or commercial waste stream, municipal sewer or
			 stormwater systems) to recycling, treatment, or disposal in compliance with the
			 Hazardous Waste Management Act.
(g)
			 Regulation of the waste or category of waste under § 273 will improve
			 implementation of and compliance with the hazardous waste regulatory program;
			 and/or
(h) Such other factors as
			 may be appropriate.
Section 279.
STANDARDS FOR THE
			 MANAGEMENT OF USED OIL
Subsection A
- Definitions
§ 279.1
Definitions
Terms that are defined in §§ 260.10 and 261.1 of this
				rule and 40 CFR Part 280 have the same meanings when used in this part.
"
Aboveground tank
" means a tank used to store or
				process used oil that is not an underground storage tank as defined in
				40
				CFR 280.12.
"
Container
" means any portable device in which a
				material is stored, transported, treated, disposed of, or otherwise
				handled.
"
Do-it-yourselfer used oil collection center
"
				means any site or facility that accepts and/or aggregates and stores used oil
				collected only from household do-it-yourselfers.
"
Existing tank
" means a tank that is used for the
				storage or processing of used oil and that is in operation or for which
				installation has commenced on or prior to the effective date of the rules in
				this Section. Installation will be considered to have commenced if the owner or
				operator has obtained all federal, state, and local approvals or permits
				necessary to begin installation of the tank and if either (1) a continuous
				on-site installation program has begun, or (2) the owner or operator has
				entered into contractual obligations - which cannot be modified or cancelled
				without substantial loss - for installation of the tank to be completed within
				a reasonable time.
"
Household do-it-yourselfer used oil
" means oil
				that is generated from households, such as used oil generated by individuals
				who generate used oil through the maintenance of their personal
				vehicles.
"
Household do-it-yourselfer used oil generator
"
				means an individual who generates household do-it-yourselfer used oil.
"
New tank
" means a tank that will be used to store
				or process used oil and for which installation has commenced after the
				effective date of the rules in this Section.
"
Petroleum refining facility
" means an
				establishment primarily engaged in producing gasoline, kerosene, distillate
				fuel oils, residual fuel oils, and lubricants, through fractionation, straight
				distillation of crude oil, redistillation of unfinished petroleum derivatives,
				cracking or other processes (i.e., facilities classified as SIC 2911).
"
Processing
" means chemical or physical operations
				designed to produce from used oil, or to make used oil more amenable for
				production of, fuel oils, lubricants, or other used-oil derived products.
				Processing includes, but is not limited to, blending used oil with virgin
				petroleum products, blending used oils to meet the fuel specification,
				filtration, simple distillation, chemical or physical separation, and
				re-refining.
" Re-refining
distillation bottoms
" means the
				heavy fraction produced by vacuum distillation of filtered and dehydrated used
				oil. The composition of still bottoms varies with column operation and
				feedstock.
"
Tank
" means any stationary device, designed to
				contain an accumulation of used oil which is constructed primarily of
				non-earthen materials, (e.g., wood, concrete, steel, plastic) which provides
				structural support.
"
Used oil
" means any oil that has been refined
				from crude oil, or any synthetic oil, that has been used and as a result of
				that use is contaminated by physical or chemical impurities.
"
Used oil aggregation point
" means any site or
				facility that accepts, aggregates, and/or stores used oil collected only from
				other used oil generation sites owned or operated by the owner or operator of
				the aggregation point, from which used oil is transported to the aggregation
				point in shipments of no more than 55 gallons. Used oil aggregation points may
				also accept used oil from household do-it-yourselfers.
"
Used oil burner
" means a facility where used oil
				not meeting the specification requirements in § 279.11 is burned for
				energy recovery in devices identified in § 279.61(a).
"
Used oil collection center
" means any site or
				facility that is registered, licensed, permitted, or recognized by a state,
				county, or municipal government to manage used oil and accepts or aggregates
				and stores used oil collected from used oil generators regulated under
				Subsection C of this Section who bring used oil to the collection center in
				shipment of no more than 55 gallons under the provisions of Section 279.24.
				Used oil collection centers may also accept used oil from household
				do-it-yourselfers.
"
Used oil fuel marketer
" means any person who
				conducts either of the following activities:
(1) Directs a shipment of off-specification
			 used oil from their facility to a used oil burner; or
(2) First claims that used oil that is to be
			 burned for energy meets the used oil specifications set forth in § 279.11
			 of this Section.
"
Used oil generator
" means any person, by site,
				whose act or process produces used oil or whose act first causes used oil to
				become subject to regulation.
"
Used oil processor
" or "
used oil
				re-refiner
" means a facility that processes used oil.
"
Used oil transfer facility
" means any
				transportation related facility including loading docks, parking areas, storage
				areas and other areas where shipments of used oil are held for more than 24
				hours and not longer than 35 days during the normal course of transportation or
				prior to an activity performed pursuant to § 279.20(b)(2). Transfer
				facilities that store used oil for more than 35 days are subject to regulation
				under subsection F of this Section.
"
Used oil transporter
" means any person who
				transports used oil, any person who collects used oil from more than one
				generator and transports the collected oil, and owners and operators of used
				oil transfer facilities. Used oil transporters may consolidate or aggregate
				loads of used oil for purposes of transportation but, with the following
				exception, may not process used oil. Transporters may conduct incidental
				processing operations that occur in the normal course of used oil
				transportation (e.g., settling and water separation) but that are not designed
				to produce (or make more amenable for production of) used oil derived products
				or used oil fuel.
Subsection B
- Applicability
§ 279.10
Applicability
This section identifies those materials which are subject to
				regulation as used oil under this Section. This section also identifies some
				materials that are not subject to regulation as used oil under this Section,
				and indicates whether these materials may be subject to regulation as hazardous
				wastes under Sections 260 through 270 of this rule.
(a) Used oil. The Division presumes that used
			 oil is to be recycled unless a used oil handler disposes of used oil, or sends
			 used oil for disposal. Except as provided in § 279.11, the rules of this
			 Section apply to used oil, and to materials identified in this Section as being
			 subject to regulation as used oil, whether or not the used oil or material
			 exhibits any characteristic of hazardous waste identified in Subsection C of
			 Section 261 of this rule.
(b)
			 Mixtures of used oil and hazardous waste
(1)
			 Listed hazardous wastes.
(i) Mixtures of used
			 oil and any hazardous waste that is listed in Subsection D of Section 261 of
			 this rule are subject to as hazardous waste under Sections 260 through 270 of
			 this rule, rather than as used oil under this Section.
(ii) Rebuttable presumption for used oil.
			 Used oil containing more than 1000 ppm total halogens is presumed to be a
			 hazardous waste because it has been mixed with a halogenated hazardous waste
			 listed in Subsection D, Section 261 of this rule. Persons may rebut this
			 presumption by demonstrating that the used oil does not contain hazardous
			 waste, for example by showing that the used oil does not contain significant
			 concentrations of halogenated hazardous constituents listed in Appendix VIII of
			 Section 261 of this rule).
(A) The rebuttable
			 presumption does not apply to metalworking oils or fluids containing
			 chlorinated paraffins, if they are processed, through a tolling arrangement as
			 described in § 279.24(c), to reclaim metalworking oils/fluids. The
			 presumption
does
apply to metalworking oils and fluids if such
			 oils and fluids are recycled in any other manner or disposed.
(B) The rebuttable presumption does not apply
			 to used oils contaminated with chloroflourocarbons (CFCs) removed from
			 refrigeration units where the CFCs are destined for reclamation. The rebuttable
			 presumption
does
apply to used oils contaminated with CFCs
			 that have been mixed with used oil from sources other than refrigeration
			 units.
(2)
			 Characteristic hazardous waste. Mixtures of used oil and hazardous waste that
			 solely exhibit one or more of the hazardous waste characteristics identified in
			 Subsection C of Section 261 of this rule and mixtures of used oil and hazardous
			 waste that is listed in Subsection D of Section 261 solely because it exhibits
			 one or more of the characteristics of hazardous waste identified in Subsection
			 C are subject to :
(i) Except as provided in
			 paragraph (b)(2)(iii) of this section, regulation as hazardous waste under
			 Sections 260 through 270 of this rule rather than as used oil under this
			 section, if the resultant mixture exhibits any characteristics of hazardous
			 waste identified in Subsection C of Section 261 of this rule.
(ii) Except as specified in §
			 279.10(b)(2)(iii), regulation as used oil under this Section, if the resultant
			 mixture does not exhibit any characteristics of hazardous waste identified in
			 Subsection C of Section 261 of this rule.
(iii) Regulation as used oil under this
			 Section, if the mixture is of used oil and a waste which is hazardous solely
			 because it exhibits the characteristic of ignitability (e.g., ignitable-only
			 mineral spirits), provided that the resultant mixture does not exhibit the
			 characteristic of ignitability under § 261.21 of this rule.
(3) Very small quantity generator
			 hazardous waste. Mixtures of used oil and very small quantity generator
			 hazardous waste are subject to regulation as used oil under this
			 Section.
(c) Materials
			 containing or otherwise contaminated with used oil.
(1) Except as provided in paragraph (c)(2) of
			 this Subsection, materials containing or otherwise contaminated with used oil
			 from which the used oil has been properly drained or removed to the extent
			 possible such that no signs of free-flowing used oil remain in or on the
			 material:
(i) Are not used oil and thus not
			 subject to this Section; and
(ii)
			 If applicable are subject to the hazardous waste rules of Sections 261 through
			 266, 268, and 270 of this Rule.
(2) Materials containing or otherwise
			 contaminated with used oil that are burned for energy recovery are subject to
			 regulation as used oil under this Section.
(3) Used oil drained or removed from
			 materials containing or otherwise contaminated with used oil is subject to
			 regulation as used oil under this Section.
(d) Mixtures of used oil with products.
(1) Except as provided in paragraph (d)(2) of
			 this section, mixtures of used oil and fuels or other fuel products are subject
			 to regulation as used oil under this Section.
(2) Mixtures of used oil and diesel fuel
			 mixed on-site by the generator of the used oil for use in the generator's own
			 vehicles are not subject to this Section once the used oil and diesel fuel have
			 been mixed. Prior to the mixing, the used oil is subject to the requirements of
			 Subsection C of this Section.
(e) Materials derived from used oil.
(1) Materials that are reclaimed from used
			 oil that are used beneficially and are not burned for energy recovery or used
			 in a manner constituting disposal (e.g., re-refined lubricants) are:
(i) Not used oil, and therefore not subject
			 to this part, and
(ii) Not solid
			 wastes, and are thus not subject to the hazardous waste rules of Sections
			 260-270 of this rule as provided for by § 261.3(c)(2)(i) of this
			 rule.
(2) Materials
			 produced from used oil that are burned for energy recovery (e.g., used oil
			 fuels) are subject to regulation as used oil under this Section.
(3) Except as provided for in paragraph
			 (e)(4) below, materials derived from used oil that are used in a manner
			 constituting disposal are:
(i) Not used oil,
			 and therefore not subject to this Section, and
(ii) Are solid wastes, and thus are subject
			 to the hazardous waste rules of Sections 260-270 of this rule if the materials
			 are listed or identified as hazardous waste.
(4) Used oil re-refining distillation bottoms
			 that are used as feedstock to manufacture asphalt products are not subject to
			 this Section.
(f)
			 Wastewater. Wastewater, the discharge of which is subject to regulation under
			 either Section 402 or 307(b) of the Federal Clean Water Act and the Water and
			 Air Pollution Control Act (including wastewaters at facilities which have
			 eliminated the discharge of wastewater), contaminated with
de
			 minimis
quantities of used oil are not subject to the requirements of
			 this part. For the purpose of this Section, "
de minimis
"
			 quantities of used oil are defined as small spills, leaks, or drippings from
			 pumps, machinery, pipes, and other similar equipment during normal operations
			 or small amounts of oil lost to the wastewater treatment system during washing
			 or draining operations. This exception will not apply if the used oil is
			 discarded as a result of abnormal manufacturing operations resulting in
			 substantial leaks, spills, or other releases, or to used oil recovered from
			 wastewaters.
(g) Used oil
			 introduced into crude oil pipelines or a petroleum refining facility.
(1) Used oil mixed with crude oil or natural
			 gas liquids (e.g., in a production separator or crude oil stock tank) for
			 insertion into a crude oil pipeline is exempt from the requirements of this
			 Section. The used oil is subject to the requirements of this Section prior to
			 the mixing of used oil with crude oil or natural gas liquids.
(2) Mixtures of used oil and crude oil or
			 natural gas liquids containing less than 1% used oil that are being stored or
			 transported to a crude oil pipeline or petroleum refining facility for
			 insertion into the refining process at a point prior to crude distillation or
			 catalytic cracking are exempt from the requirements of this Section.
(3) Used oil that is inserted into the
			 petroleum refining facility process before crude distillation or catalytic
			 cracking without prior mixing with crude oil is exempt from the requirements of
			 this Section provided that the used oil constitutes less than 1% of the crude
			 oil feed to any petroleum refining facility process unit at any given time.
			 Prior to insertion into the petroleum refining facility process, the used oil
			 is subject to the requirements of this Section.
(4) Except as provided in paragraph (g)(5) of
			 this section, used oil that is introduced into a petroleum refining facility
			 process after crude distillation or catalytic cracking is exempt from the
			 requirements of this Section only if the used oil meets the specification of
			 § 279.11. Prior to insertion into the petroleum refining facility process,
			 the used oil is subject to the requirements of this Section.
(5) Used oil that is incidentally captured by
			 a hydrocarbon recovery system or wastewater treatment system as part of routine
			 process operations at a petroleum refining facility and inserted into the
			 petroleum refining facility process is exempt from the requirements of this
			 Section. This exemption does not extend to used oil which is intentionally
			 introduced into a hydrocarbon recovery system (e.g., by pouring collected used
			 oil into the waste water treatment system).
(6) Tank bottoms from stock tanks containing
			 exempt mixtures of used oil and crude oil or natural gas liquids are exempt
			 from the requirements of this Section.
(h) Used oil on vessels. Used oil produced on
			 vessels from normal shipboard operations is not subject to this Section until
			 it is transported ashore.
(i) Used
			 oil containing PCBs. Used oil containing PCBs (as defined at
			 40
			 CFR 761.3 ) at any concentration less than 50
			 ppm is subject to the requirements of this Section unless, because of dilution,
			 it is regulated under 40 CFR Part 761 as a used oil containing PCBs at 50 ppm
			 or greater. PCB-containing used oil subject to the requirements of this Section
			 may also be subject to the prohibitions and requirements found at 40 CFR Part
			 761, including § 761.20(d) and (e). Used oil containing PCBs at
			 concentrations of 50 ppm or greater is not subject to the requirements of this
			 Section, but is subject to regulation under 40 CFR Part 761. No person may
			 avoid these provisions by diluting used oil containing PCBs, unless otherwise
			 specifically provided for in this Rule or 40 CFR Part 761.
§ 279.11
Used oil
			 specifications
Used oil burned for energy recovery, and any fuel produced from
				used oil by processing, blending, or other treatment is subject to regulation
				under this Section unless it is shown not to exceed any of the allowable levels
				of the constituents and properties shown in Table 1. Once used oil that is to
				be burned for energy recovery has been shown not to exceed any allowable level
				and the person making that showing complies with §§ 279.72, 279.73,
				and 279.74(b), the used oil is no longer subject to this Section.
TABLE 1.
USED OIL NOT EXCEEDING ANY ALLOWABLE LEVEL SHOWN BELOW IS
				NOT SUBJECT TO THIS SECTION WHEN BURNED FOR ENERGY
				RECOVERY1
Constituent/Property
Allowable Level
Arsenic
5 ppm maximum
Cadmium
2 ppm maximum
Chromium
10 ppm maximum
Lead
100 ppm maximum
Flash Point
100 °F minimum
Total Halogens
4,000 ppm maximum2
(1) The allowable
			 levels do not apply to mixtures of used oil and hazardous waste that continue
			 to be regulated as hazardous waste (See § 279.10(b)).
(2) Used oil containing more than 1,000 ppm
			 total halogens is presumed to be a hazardous waste under the rebuttable
			 presumption provided under §279.10(b)(1). Such used oil is subject to
			 Subsection H of Section 266 of this rule rather than this Section when burned
			 for energy recovery unless the presumption of mixing can be successfully
			 rebutted.
(3) Applicable standards
			 for the burning of used oil containing PCBs are imposed by
			 40 CFR
			 761.20(e).
§ 279.12
Prohibitions
(a) Surface impoundment
			 prohibition. Used oil shall not be managed in surface impoundments or waste
			 piles unless the units are subject to regulation under Sections 264 or 265 of
			 this rule.
(b) Use as a dust
			 suppressant. Except as provide at § 279.82, the use of used oil as a dust
			 suppressant is prohibited.
(c)
			 Burning in particular units. Off-specification used oil fuel may be burned for
			 energy recovery only in the following devices:
(1) Industrial furnaces identified in §
			 260.10 of this rule.
(2) Boilers,
			 as defined in § 260.10 of this rule, that are identified as follows:
(i) Industrial boilers located on the site of
			 a facility engaged in a manufacturing process where substances are transformed
			 into new products, including the component parts of products, by mechanical or
			 chemical means;
(ii) Utility
			 boilers used to produce electric power, steam, heated or cooled air, or other
			 gases or fluids for sale; or
(iii)
			 Used oil-fired space heaters provided the burner meets the requirements of
			 § 279.23.
(3)
			 Hazardous waste incinerators subject to regulation under Subsection O of
			 Sections 264 or 265 of this Rule.
Subsection C
- Standards for Used Oil
			 Generators
§ 279.20
Applicability
(a) General. Except as
			 provided in paragraphs (a)(1) through (a)(4) below, this Subsection applies to
			 all used oil generators. A used oil generator is any person, by site, whose act
			 or process produces used oil or whose act causes used oil to become subject to
			 these rules.
(1) Household "do-it-yourselfer"
			 used oil generators. Household "do-it-yourselfer" used oil generators are not
			 subject to regulation under this part.
(2) Vessels. Vessels at sea or at port are
			 not subject to this Section. For purpose of this Section, used oil produced on
			 vessels from normal shipboard operations is considered to be generated at the
			 time it is transported ashore. The owner or operator of the vessel are
			 co-generators of the used oil and are both responsible for managing the waste
			 in compliance with this Section once the used oil is transported ashore. The
			 co-generators may decide among themselves which party will fulfill the
			 requirements of this Section.
(3)
			 Diesel fuel. Mixtures of used oil and diesel fuel mixed by the generator of the
			 used oil for use in the generator's own vehicle are not subject to this Section
			 once the diesel fuel and the used oil have been mixed. Prior to mixing, the
			 used oil is subject to the requirements of this Section.
(4) Farmers. Farmers who generate an average
			 of 25 gallons per month or less of used oil from vehicles or machinery used on
			 the farm in a calendar year are not subject to the requirements of this
			 part.
(b) Other
			 applicable provisions. Used oil generators who conduct the following activities
			 are subject to the requirements of other applicable provisions of this part as
			 indicated in paragraphs (b)(1) through (5) of this Section.:
(1) Generators who transport used oil, except
			 under the self-transport provisions of § 279.24(a) and (b), must also
			 comply with Subsection E of this Section.
(2)
(i)
			 Except as provided in paragraph (b)(2)(ii) of this section, generators who
			 process or re-refine used oil must also comply with subsection F of this
			 Section.
(ii) Generators who
			 perform the following activities are not processors provided that the used oil
			 is generated on-site and is not being sent off-site to a burner of on- or
			 off-specification used oil fuel.
(A)
			 Filtering, cleaning, or otherwise reconditioning used oil before returning it
			 for reuse by the generator;
(B)
			 Separating used oil from wastewater generated on-site to make the wastewater
			 acceptable for discharge or reuse pursuant to section 402 or section 307(b) of
			 the Clean Water Act or other applicable Federal or state rules and regulations
			 governing the management or discharge of wastewaters;
(C) Using oil mist collectors to remove small
			 droplets of used oil from in-plant air to make plant air suitable for continued
			 recirculation;
(D) Draining or
			 otherwise removing used oil from materials containing or otherwise contaminated
			 with used oil in order to remove excessive oil to the extent possible pursuant
			 to § 279.10(c); or
(E)
			 Filtering, separating or otherwise reconditioning used oil before burning it in
			 a space heater pursuant to § 279.23.
(3) Generators who burn off-specification
			 used oil for energy recovery, except under the on-site space heater provisions
			 of § 279.23, must also comply with Subsection G of this Section.
(4) Generators who direct shipments of
			 off-specification used oil from their facility to a used oil burner or first
			 claim that used oil that is to be burned for energy recovery meets the used oil
			 fuel specifications set forth in § 279.11 must also comply with Subsection
			 H of this Section.
(5) Generators
			 who dispose of used oil, including the use of used oil as a dust suppressant,
			 must also comply with Subsection I of this Section.
§ 279.21
Hazardous
			 waste mixing
(a) Mixtures of used oil
			 and hazardous waste must be managed in accordance with §
			 279.10(b).
(b) The rebuttable
			 presumption for used oil of § 279.10(b)(1)(ii) applies to used oil managed
			 by generators. Under the rebuttable assumption for used oil, used oil
			 containing more than 1,000 ppm total halogens is presumed to be a hazardous
			 waste and thus must be managed as hazardous waste and not as used oil unless
			 the presumption is successfully rebutted. However, the rebuttable presumption
			 does not apply to certain metalworking oils and fluids and certain used oils
			 removed from refrigeration units.
§ 279.22
Used oil storage
Used oil generators are subject to all applicable federal Spill
				Prevention, Control, and Countermeasures (40 CFR Part 112) in addition to the
				requirements of this Subsection. Used oil generators are also subject to the
				Underground Storage Tank (40 CFR Part 280; APC&EC Rule No. 12) standards
				for used oil stored in underground tanks whether or not the used oil exhibits
				any characteristics of hazardous waste, in addition to the requirements of this
				Subsection.
(a) Storage units. Used
			 oil generators shall not store used oil in units other than tanks, containers,
			 or units subject to regulation under Sections 264 and 265 of this
			 rule.
(b) Condition of units.
			 Containers and aboveground tanks used to store used oil at generator facilities
			 must be:
(1) In good condition (no severe
			 rusting, apparent structural defects, or deterioration); and
(2) Not leaking (no visible leaks).
(c) Labels.
(1) Containers and aboveground tanks used to
			 store used oil at generator facilities must be labeled or marked clearly with
			 the words "Used Oil."
(2) Fill
			 pipes used to transfer used oil into underground storage tanks at generator
			 facilities must be clearly marked with the words "Used Oil."
(d) Response to releases. Upon
			 detection of a release of used oil to the environment that is not subject to
			 the requirements of APC&EC Rule No. 12 or 40 CFR Part 280, subpart F and
			 which has occurred after the effective date of the recycled used oil management
			 program in effect in the State in which the release is located, a generator
			 must perform the following cleanup steps:
(1)
			 Stop the release;
(2) Contain the
			 released used oil;
(3) Clean up and
			 manage properly the released used oil and other materials; and
(4) If necessary, repair or replace any
			 leaking used oil storage containers or tanks prior to returning them to
			 service.
§
			 279.23
On-site burning in space heaters
Generators may burn used oil in used oil-fired space heaters
				provided that:
(a) The heater burns
			 only used oil that the owner or operator generates, or used oil received from
			 household do-it-yourself used oil generators;
(b) The heater is designed to have a maximum
			 capacity of not more than 0.5 million BTU per hour; and
(c) The combustion gases from the heater are
			 vented to the ambient air.
§
			 279.24
Off-site shipments
Except as provided in paragraphs (a) through (c) of this
				section, generators must insure that their used oil is transported only by
				transporters who have obtained EPA Identification numbers.
(a) Self-transportation of small amounts to
			 approved collection centers. Generators may transport, without an EPA
			 identification number, used oil that is generated at the generator's site and
			 used oil collected from household do-it-yourselfers to a used oil collection
			 point provided that:
(1) The generator
			 transports the used oil in a vehicle owned by the generator or owned by an
			 employee of the generator;
(2) The
			 generator transports no more than 55 gallons of used oil at any one time;
			 and
(3) The generator transports
			 the used oil to a used oil collection center that is registered, licensed,
			 permitted, or recognized by a state, county, or local government to manage used
			 oil.
(b)
			 Self-transportation of small amounts to aggregation points owned by the
			 generator. Generators may transport, without an EPA identification number, used
			 oil that is generated at the generator's site to an aggregation point provided
			 that:
(1) The generator transports the used
			 oil in a vehicle owned by the generator or owned by an employee of the
			 generator;
(2) The generator
			 transports no more than 55 gallons of used oil at any one time; and
(3) The generator transports the used oil to
			 an aggregation point that is owned and/or operated by the same
			 generator.
(c) Tolling
			 arrangements. Used oil generators may arrange for used oil to be transported by
			 a transporter without an EPA identification number if the used oil is reclaimed
			 under a contractual agreement pursuant to which reclaimed oil is returned by
			 the processor/re-refiner to the generator for use as a lubricant, cutting oil,
			 or coolant. The contract (known as a "tolling agreement") must indicate:
(1) The type of used oil and the frequency of
			 shipments;
(2) That the vehicle
			 used to transport the used oil to the processing/re-refining facility and to
			 deliver recycled used oil back to the generator is owned and operated by the
			 used oil processor/re-refiner; and
(3) That reclaimed oil will be returned to
			 the generator.
Subsection D
- Standards for Used Oil
			 Collection Centers and Aggregation Points
§
			 279.30
Do-it-yourselfer used oil collection centers
(a) Applicability. This section applies to
			 owners or operators of all do-it-yourselfer (DIY) used oil collection centers.
			 A DIY used oil collection center is any site or facility that accepts or
			 aggregates and stores used oil collected from household
			 do-it-yourselfers.
(b) DIY used oil
			 collection center requirements. Owners or operators of all DIY used oil
			 collection centers must comply with the generator standards in Subsection C of
			 this Section.
§
			 279.31
Used oil collection centers
(a) Applicability. This section applies to
			 owners and operators of used oil collection centers. A used oil collection
			 center is any site or any facility that accepts or aggregates and stores used
			 oil collected from used oil generators regulated under Subsection C of this
			 Section who bring used oil to the collection center in shipment of no more than
			 55 gallons under the provisions of § 279.24(a). Used oil collection
			 centers may also accept used oil from household do-it-yourselfers.
(b) Used oil collection center requirements.
			 Owners or operators of all used oil collection centers must:
(1) Comply with the generator standards in
			 Subsection C of this Section; and
(2) Be registered, licensed, permitted, or
			 recognized by a state, county or municipal government to manage used
			 oil1.
§ 279.32
Used oil aggregation
			 points owned by the generator
(a)
			 Applicability. This section applies to owners or operators of all used oil
			 aggregation points. A used oil aggregation point is any site that accepts,
			 aggregates, and/or stores used oil collected only from other used oil
			 generation sites owned or operated by the owner or operator of the aggregation
			 point, from which used oil is transported to the aggregation point in shipments
			 of no more than 55 gallons under the provisions of § 279.24(b). Used oil
			 aggregation points may also accept used oil from household do-it-yourselfers.
1.
For the purpose of complying with
			 this section, a used oil collection center is considered to be "registered,
			 licensed, permitted, or recognized" if (1) the center has an EPA identification
			 number issued by the Division, and (2) the center has registered itself or made
			 any necessary coordination with its local regional solid waste management
			 district.
(b)
			 Used oil aggregation point requirements. Owners or operators of all used oil
			 aggregation points must comply with the generator standards in Subsection C of
			 this Section.
Subsection
			 E
- Standards for Used Oil Transporter and Transfer
			 Facilities
§ 279.40
Applicability
(a) General. Except as
			 provided in paragraphs (a)(1) through (a)(4) below, this Subsection applies to
			 all used oil transporters. Used oil transporters are persons who transport used
			 oil, persons who collect used oil from more than one generator and transport
			 the collected oil, and owners and operators of used oil transfer facilities.
(1) This Subsection does not apply to on-site
			 transportation.
(2) This Subsection
			 does not apply to generators who transport shipments of used oil totaling 55
			 gallons or less from the generator to a used oil collection center as specified
			 in § 279.24(a).
(3) This
			 Subsection does not apply to generators who transport shipments of used oil
			 totaling 55 gallons or less from the generator to a used oil aggregation point
			 owned or operated by the same generator as specified in §
			 279.24(b).
(4) This Subsection does
			 not apply to transportation of used oil from household do-it-yourselfers to a
			 regulated used oil generator, collection center, aggregation point,
			 processor/re-refiner, or burner subject to the requirements of this Section.
			 Except as provided in paragraphs (a)(1) through (a)(3) above, this Subsection,
			 however,
does
apply to transportation of collected household
			 do-it-yourselfer used oil from regulated used oil generators, collection
			 centers, aggregation points, or other facilities where household
			 do-it-yourselfer used oil is collected.
(b) Imports and Exports. Transporters who
			 import used oil from abroad or export used oil outside of the United States are
			 subject to the requirements of this Subsection from the time the used oil
			 enters and until the time it exits the United States.
(c) Trucks used to transport hazardous waste.
			 Unless trucks and/or tankers previously used to transport hazardous waste are
			 emptied as described in § 261.7 of this rule ("RCRA empty") prior to
			 transporting used oil, the used oil is considered to have been mixed with the
			 hazardous waste and must be managed as hazardous waste unless, under the
			 provisions of § 279.10(b), the hazardous waste/used oil mixture is
			 determined not to be hazardous waste.
(d) Other applicable provisions. Used oil
			 transporters who conduct the following activities are also subject to other
			 applicable provisions of this Section as indicated in paragraphs (d)(1) through
			 (d)(5) of this section:
(1) Transporters who
			 generate used oil must also comply with Subsection C of this Section;
(2) Transporters who process or re-refine
			 used oil, except as provided in § 279.41, must also comply with Subsection
			 F of this Section;
(3) Transporters
			 who burn off-specification used oil for energy recovery must also comply with
			 Subsection G of this Section;
(4)
			 Transporters who direct shipments of off-specification used oil from their
			 facility to a used oil burner or first claim that used oil that is to be burned
			 for energy recovery meets the used oil fuel specification set forth at §
			 279.11 must also comply with Subsection H of this Section;
(5) Transporters who dispose of used oil,
			 including the uses of used oil as a dust suppressant, must also comply with
			 Subsection I of this Section.
§ 279.41
Restrictions on
			 transporters who are not also processors or re-refiners
(a) Used oil transporters may consolidate or
			 aggregate loads of used oil for purpose of transportation. However, except as
			 provided in paragraph (b) of this section, used oil transporters may not
			 process used oil unless they also comply with the requirements for processors
			 and re-refiners in Subsection F of this Section.
(b) Transporters may conduct incidental
			 processing operations that occur in the normal course of used oil
			 transportation (e.g., settling and water separation), but that are not designed
			 to produce (or make more amenable for production of) used oil derived products
			 unless they also comply with the requirements for processors and re-refiners in
			 Subsection F of this Section.
(c)
			 Transporters of used oil that is removed from oil bearing electrical
			 transformers and turbines and filtered by the transporter or at a transfer
			 facility prior to being returned to its original use are not subject to the
			 processor/re-refiner requirements in subsection F of this Section.
§ 279.42
Notification
(a) Identification
			 numbers. Used oil transporters who have not previously complied with the
			 notification requirements of RCRA section 3010 must comply with these
			 requirements and obtain an EPA identification number.
Used oil
			 transporters that have previously notified the Division of hazardous waste and
			 other used oil management activities and obtained a U.S. EPA Identification
			 Number must renotify to identify their used oil transporter
			 activities.
(b) Mechanics
			 of notification. A used oil transporter who has not received an EPA
			 identification number may obtain one by notifying the Director of their used
			 oil activity by submitting a completed EPA Form 8700-12(AR-11-91R) (to obtain
			 EPA Form 8700-12(AR-11-91R) call (501) 570-2872 or 570-2876).
§ 279.43
Used oil
			 transportation
(a) Deliveries. A used
			 oil transporter must deliver all used oil received to:
(1) Another used oil transporter, provided
			 that the transporter has obtained an EPA identification number;
(2) A used oil processing or re-refining
			 facility which has obtained an EPA identification number;
(3) An off-specification used oil burner
			 facility which has obtained an EPA identification number;
(4) An on-specification used oil burner
			 facility.
(b) DOT
			 Requirements. Used oil transporters must comply with all applicable packaging,
			 labeling, and placarding requirements of the U.S. Department of Transportation
			 (DOT) under 49 CFR Parts 171-180. Persons transporting used oil that meets the
			 definition of a hazardous material in
			 49 CFR
			 171.8 must comply with all applicable
			 regulations in 49 CFR Parts 171-180.
(c) Used oil discharges.
(1) In the event of a discharge of used oil
			 during transportation, the transporter must take appropriate immediate action
			 to protect human health and the environment (e.g., notify local authorities,
			 dike the discharge area).
(2) If a
			 discharge of used oil occurs during transportation and an official (State or
			 local government, or a Federal agency) acting within the scope of official
			 responsibilities determines that immediate removal of the used oil is necessary
			 to protect human health and the environment, that official may authorize the
			 removal of the used oil by transporters who do not have EPA identification
			 numbers.
(3) An air, rail, highway,
			 or water transporter who has discharged used oil must:
(i) Give immediate notice to the Arkansas
			 State Police and to the principal office or designated contact for the
			 transporter.
(ii) Give notice, if
			 required by
			 49 CFR
			 171.15, to the National Response Center
			 (800-424-8802 or 202-426-2675);
(iii) Report in writing as required by
			 49 CFR
			 171.16 to the Director, Office of Hazardous
			 Materials Regulations, Materials Transportation Bureau, Department of
			 Transportation, Washington, DC 20590; and
(iv) Submit a copy of the written report
			 required by
			 49 CFR
			 171.16 and 263.30(c)(2) to APC&EC
			 simultaneously with its submission to the federal Department of
			 Transportation.
(4) A
			 water transporter who has discharged used oil must give the same notice as
			 required by
			 33 CFR
			 153.203 for oil and hazardous
			 substances.
(5) A transporter must
			 clean up any used oil spill or discharge that occurs during transportation or
			 take such action as may be required or approved by Federal, State, or local
			 officials so that the used oil discharge no longer presents a hazard to human
			 health or the environment.
§ 279.44
Rebuttable presumption
			 for used oil
(a) To insure that used
			 oil is not a hazardous waste under the rebuttable presumption of §
			 279.10(b)(1)(ii), the used oil transporter must determine whether the total
			 halogen content of used oil being transported or stored at a transfer facility
			 is above or below 1,000 ppm.
(b)
			 The transporter must make this determination by:
(1) Testing the used oil; or
(2) Applying knowledge of the halogen content
			 of the used oil in light of the materials or processes used.
(c) If the used oil contains
			 greater than or equal to 1,000 ppm total halogens, it is presumed to be a
			 hazardous waste because it has been mixed with halogenated hazardous waste
			 listed in Subsection D of Section 261 of this rule. The owner or operator may
			 rebut this presumption by demonstrating that the used oil does not contain
			 hazardous waste (for example by showing that the used oil does not contain
			 significant concentrations of halogenated hazardous constituents listed in
			 Appendix VIII of Section 261 of this rule).
(1) The rebuttable presumption does not apply
			 to metalworking oils or fluids containing chlorinated paraffins, if they are
			 processed, through a tolling arrangement as described in § 279.24(c), to
			 reclaim metalworking oils/fluids. The presumption
does
apply
			 to metalworking oils and fluids if such oils and fluids are recycled in any
			 other manner or disposed.
(2) The
			 rebuttable presumption does not apply to used oils contaminated with
			 chloroflourocarbons (CFCs) removed from refrigeration units where the CFCs are
			 destined for reclamation. The rebuttable presumption
does
apply to used oils contaminated with CFCs that have been mixed with used oil
			 from sources other than refrigeration units. (d) Record retention. Records of
			 analyses conducted or information used to comply with paragraphs (a), (b), and
			 (c) above must be maintained by the transporter for at least three
			 years.
§
			 279.45
Used oil storage at transfer facilities
Used oil transporters are subject to all applicable federal
				Spill Prevention, Control, and Countermeasures (40 CFR Part 112) in addition to
				the requirements of this Subsection. Used oil transporters and transfer
				facilities are also subject to the Underground Storage Tank (40 CFR Part 280;
				APC&EC Rule No. 12) standards for used oil stored in underground tanks
				whether or not the used oil exhibits any characteristics of hazardous waste, in
				addition to the requirements of this Subsection.
(a) Applicability. This section applies to
			 used oil transfer facilities. Used oil transfer facilities are transportation
			 related facilities including loading docks, parking areas, storage areas, and
			 other areas where shipment of used oil are held for more than 24 hours during
			 the normal course of transportation and not longer than 35 days. Transfer
			 facilities that store used oil for more than 35 days are subject to regulation
			 under Subsection F of this Section.
(b) Storage units. Owners or operators of
			 used oil transfer facilities may not store used oil in units other than tanks,
			 containers, or units subject to regulation under Sections 264 and 265 of this
			 rule.
(c) Condition of units.
			 Containers and aboveground tanks used to store used oil at generator facilities
			 must be:
(1) In good condition (no severe
			 rusting, apparent structural defects, or deterioration); and
(2) Not leaking (no visible leaks).
(d) Secondary containment for
			 containers. Containers used to store used oil at transfer facilities must be
			 equipped with a secondary containment system.
(1) The secondary containment system must
			 consist of, as a minimum:
(i) Dikes, berms, or
			 retaining walls; and
(ii) A floor.
			 The floor must cover the entire area within the dikes, berm, or retaining
			 walls; or
(iii) An equivalent
			 secondary containment system.
(2) The entire containment system, including
			 walls and floors, must be sufficiently impervious to used oil to prevent any
			 used oil released into the containment system from migrating out of the system
			 to the soil, groundwater, or surface water.
(e) Secondary containment for existing
			 aboveground tanks. Existing aboveground tanks used to store used oil at
			 transfer facilities must be equipped with a secondary containment system.
(1) The secondary containment system must
			 consist of, as a minimum:
(i) Dikes, berms,
			 or retaining walls; and
(ii) A
			 floor. The floor must cover the entire area within the dikes, berm, or
			 retaining walls except areas where existing portions of the tank meet the
			 ground; or (iii) An equivalent secondary containment system.
(2) The entire containment system,
			 including walls and floors, must be sufficiently impervious to used oil to
			 prevent any used oil released into the containment system from migrating out of
			 the system to the soil, groundwater, or surface water.
(f) Secondary containment for new aboveground
			 tanks. New aboveground tanks used to store used oil at transfer facilities must
			 be equipped with a secondary containment system.
(1) The secondary containment system must
			 consist of, as a minimum:
(i) Dikes, berms, or
			 retaining walls; and
(ii) A floor.
			 The floor must cover the entire area within the dikes, berm, or retaining
			 walls; or
(iii) An equivalent
			 secondary containment system.
(2) The entire containment system, including
			 walls and floors, must be sufficiently impervious to used oil to prevent any
			 used oil released into the containment system from migrating out of the system
			 to the soil, groundwater, or surface water.
(g) Labels.
(1) Containers and aboveground tanks used to
			 store used oil at transfer facilities must be labeled or marked clearly with
			 the words "Used Oil."
(2) Fill
			 pipes used to transfer used oil into underground storage tanks at transfer
			 facilities must be clearly marked with the words "Used Oil."
(h) Response to releases. Upon
			 detection of a release of used oil to the environment that is not subject to
			 the requirements of APC&EC Rule No. 12 or 40 CFR Part 280, subpart F and
			 which has occurred after the effective date of the recycled used oil management
			 program in effect in the State in which the release is located, the
			 owner/operator of a transfer facility must perform the following cleanup steps:
(1) Stop the release;
(2) Contain the released used oil;
(3) Clean up and manage properly the released
			 used oil and other materials; and
(4) If necessary, repair or replace any
			 leaking used oil storage containers or tanks prior to returning them to
			 service.
§
			 279.46
Tracking
(a)
			 Acceptance. Used oil transporters must keep a record of each used oil shipment
			 accepted for transport. Records for each shipment must include:
(1) The name and address of the generator,
			 transporter, or processor/re-refiner who provided the used oil for
			 transport;
(2) The EPA
			 identification number (if applicable) of the generator, transporter, or
			 processor/re-refiner who provided the used oil for transport;
(3) The quantity of used oil
			 accepted;
(4) The date of
			 acceptance; and
(5)
(i) Except as provided in paragraph
			 (a)(5)(ii) of this section, the signature, dated upon receipt of the used oil,
			 of a representative of the generator, transporter, or processor/re-refiner who
			 provided the used oil for transport.
(ii) Intermediate rail transporters are not
			 required to sign the record of acceptance.
(b) Deliveries. Used oil transporters must
			 keep a record of each shipment of used oil that is delivered to another used
			 oil transporter, or to a used oil burner, processor/re-refiner, or disposal
			 facility. Records of each delivery must include:
(1) The name and address of the receiving
			 facility or transporter;
(2) The
			 EPA identification number of the receiving facility or transporter;
(3) The quantity of used oil
			 delivered;
(4) The date of
			 delivery; and
(5)
(i) Except as provided in paragraph
			 (b)(5)(ii) of this section, the signature, dated upon receipt of the used oil,
			 of a representative of the receiving facility or transporter.
(ii) Intermediate rail transporters are not
			 required to sign the record of delivery.
(c) Exports of used oil. Used oil
			 transporters must maintain the records described in paragraphs (b)(1) through
			 (b)(4) above for each shipment of used oil exported to any foreign
			 country.
(d) Records retention. The
			 records described in paragraphs (a) through (c) above must be maintained for at
			 least three years.
§
			 279.47
Management of residues
Transporters who generate residues from the storage or
				transport of used oil must manage the residues as specified in §
				279.10(e).
Subsection
			 F
- Standards for Used Oil Processors and Re-refiners
§ 279.50
Applicability
(a) The requirements of this Subsection apply
			 to owners and operators of facilities that process used oil. Processing means
			 chemical or physical operations designed to produce from used oil, or to make
			 used oil more amenable for production of fuel oils, lubricants, or other
			 used-oil derived products. Processing includes, but is not limited to, blending
			 used oil with virgin petroleum products, blending used oils to meet the fuel
			 specification, filtration, simple distillation, chemical or physical
			 separation, and re-refining. The requirements of this Subsection do not apply
			 to
(1) Transporters that conduct incidental
			 processing operations during the normal course of transportation as provided in
			 § 279.41;
(2) Burners that
			 conduct incidental processing operations that occur during the normal course of
			 used oil management prior to burning as provided in § 279.61(b).
(b) Other applicable provisions.
			 Used oil processors/re-refiners who conduct the following activities are also
			 subject to the requirements of other applicable provisions of this part as
			 indicated in paragraphs (b)(1) through (b)(5) below:
(1) Processors/re-refiners who generate used
			 oil must also comply with Subsection C of this Section.
(2) Processors/re-refiners who transport used
			 oil must also comply with Subsection E of this part.
(3) Except as provided in paragraphs
			 (b)(3)(i) and (b)(3)(ii) below, processors/re-refiners who burn
			 off-specification used oil for energy recovery must also comply with Subsection
			 G of this Section. Processors/re-refiners burning used oil for recovery under
			 the following conditions are not subject to Subsection G of this part:
(i) The used oil is burned in an on-site
			 space heater that meets the requirements of § 279.23; or
(ii) The used oil is burned for purposes of
			 processing used oil, which is considered burning incidentally to used oil
			 processing.
(4)
			 Processors/re-refiners who direct shipments of off-specification used oil from
			 their facility to a used oil burner or first claim that used oil that is to be
			 burned for energy recovery meets the used oil fuel specifications set forth in
			 § 279.11 must also comply with Subsection H of this Section; and
(5) Processors/re-refiners who dispose of
			 used oil, including the use of used oil as a dust suppressant, must also comply
			 with Subsection I of this part.
§ 279.51
Notification
(a) Identification numbers. Used oil
			 processors and re-refiners who have not previously complied with the
			 notification requirements of RCRA section 3010 must comply with these
			 requirements and obtain an EPA identification number.
Used oil
			 processors/re-refiners that have previously notified the Division of hazardous
			 waste and other used oil management activities and obtained a U.S. EPA
			 Identification Number must renotify to identify their used oil
			 processor/re-refiner activities.
(b) Mechanics of notification. A used oil
			 processor or re-refiner who has not received an EPA identification number may
			 obtain one by notifying the Director of their used oil activity by submitting a
			 completed EPA Form 8700-12(AR-11-91R) (to obtain EPA Form 8700-12(AR-11-91R)
			 call (501) 570-2872 or 570-2876).
§ 279.52
General facility
			 standards
(a) Preparedness and
			 prevention. Owners and operators of used oil processing and re-refining
			 facilities must comply with the following requirements:
(1) Maintenance and operation of facility.
			 Facilities must be maintained and operated to minimize the possibility of a
			 fire, explosion, or any unplanned sudden or non-sudden release of used oil to
			 air, soil, or surface water which could threaten human health or the
			 environment.
(2) Required
			 equipment. All facilities must be equipped with the following, unless none of
			 the hazards posed by used oil at the facility could require a particular kind
			 of equipment specified in paragraphs (a)(2)(i) through (iv) below:
(i) An internal communications or alarm
			 system capable of providing immediate emergency instruction (voice or signal)
			 to emergency personnel;
(ii) A
			 device, such as a telephone (immediately available at the scene of operations)
			 or a hand-held two-way radio, capable of summoning emergency assistance from
			 local police departments, fire departments, or State or local emergency
			 response teams;
(iii) Portable fire
			 extinguishers, fire control equipment (including special extinguishing
			 equipment such as that using foam, inert gas, or dry chemicals), spill control
			 equipment, and decontamination equipment; and
(iv) Water at adequate volume and pressure to
			 supply hose streams, or foam-producing equipment, or automatic sprinklers, or
			 water spray systems.
(3)
			 Testing and maintenance of equipment. All facility communications or alarm
			 systems, fire protection equipment, spill control equipment, and
			 decontamination equipment, where required, must be tested and maintained as
			 necessary to assure its proper operation in time of emergency.
(4) Access to communications or alarm system.
(i) Whenever used oil is being poured, mixed,
			 spread, or otherwise handled, all personnel involved in the operation must have
			 immediate access to an internal alarm or emergency communications device,
			 either directly or through visual or voice contact with another employee,
			 unless such a device is not required in paragraph (a)(2) of this
			 section.
(ii) If there is ever just
			 one employee on the premise while the facility is operating, that employee must
			 have immediate access to a device, such as a telephone (immediately available
			 at the scene of operation) or a hand-held two-way radio, capable of summoning
			 external emergency assistance, unless such a device is not required in
			 paragraph (a)(2) of this section.
(5) Required aisle space. The owner or
			 operator must maintain aisle space to allow the unobstructed movement of
			 personnel, fire protection equipment, spill control equipment, and
			 decontamination equipment to any area of facility operation in an emergency,
			 unless aisle space is not needed for any of these purposes.
(6) Arrangements with local authorities.
(i) The owner or operator must attempt to
			 make the following arrangements, as appropriate for the type of used oil
			 handled at his facility and the potential need for the services of these
			 organizations:
(A) Arrangements to
			 familiarize police, fire departments, and emergency response teams with the
			 layout of the facility, properties of used oil handled at the facility and
			 associated hazards, places where facility personnel would normally be working,
			 entrances to and roads inside the facility, and possible evacuation
			 routes;
(B) Where more than one
			 police and fire department might respond to an emergency, agreements
			 designating primary emergency authority to a specific police and a specific
			 fire department, and agreements with any others to provide support to the
			 primary emergency authority;
(C)
			 Agreements with State emergency response teams, emergency response contractors,
			 and equipment suppliers; and
(D)
			 Arrangements to familiarize local hospitals with the properties of used oil
			 handled at the facility and the types of injuries or illnesses which could
			 result from fires, explosions, or releases at the facility.
(ii) Where State or local
			 authorities decline to enter into such arrangements, the owner or operator must
			 document the refusal in the operating record.
(b) Contingency plan and emergency
			 procedures. Owners and operators of used oil processing and re-refining
			 facilities must comply with the following requirements:
(1) Purpose and implementation of contingency
			 plan.
(i) Each owner or operator must have a
			 contingency plan for his facility. The contingency plan must be designed to
			 minimize hazards to human health or the environment from fires, explosions, or
			 any unplanned sudden or non-sudden release of used oil to air, soil, or surface
			 water.
(ii) The provisions of the
			 plan must be carried out immediately whenever there is a fire, explosion, or
			 release of used oil which could threaten human health or the
			 environment.
(2) Content
			 of contingency plan.
(i) The contingency plan
			 must describe the actions facility personnel must take to comply with
			 paragraphs (b)(1) and (6) of this section in response to fires, explosions, or
			 any unplanned sudden or non-sudden release of used oil to air, soil, or surface
			 water at the facility.
(ii) If the
			 owner or operator has already prepared a Spill Prevention, Control, and
			 Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112, or 40 CFR Part
			 1510, or some other emergency or contingency plan, he need only amend that plan
			 to incorporate used oil management provisions that are sufficient to comply
			 with the requirements of this section.
(iii) The plan must describe arrangements
			 agreed to by local police departments, fire departments, hospitals,
			 contractors, and State and local emergency response teams to coordinate
			 emergency services, pursuant to paragraph (a)(6) above.
(iv) The plan must list names, addresses, and
			 phone numbers (office and home) of all persons qualified to act as emergency
			 coordinator, and this list must be kept up to date. Where more than one person
			 is listed, one must be named as primary emergency coordinator and others must
			 be listed in the order in which they will assume responsibility as
			 alternates.
(v) The plan must
			 include a list of all emergency equipment at the facility (such as fire
			 extinguishing systems, spill control equipment, communications and alarm
			 systems (internal and external), and decontamination equipment), where this
			 equipment is required. This list must be kept up to date. In addition, the plan
			 must include the location and a physical description of each item on the list,
			 and a brief outline of its capabilities.
(vi) The plan must include an evacuation plan
			 for facility personnel where there is a possibility that evacuation could be
			 necessary. This plan must describe signal(s) to be used to begin evacuation,
			 evacuation routes, and alternate evacuation routes (in cases where the primary
			 routes could be blocked by releases of used oil or fires).
(3) Copies of contingency plan. A copy of the
			 contingency plan and all revisions to the plan must be:
(i) Maintained at the facility; and
(ii) Submitted to all local police
			 departments, fire departments, hospitals, and State and local emergency
			 response teams that may be called upon to provide emergency services.
(4) Amendment of contingency plan.
			 The contingency plan must be reviewed, and immediately amended, if necessary,
			 whenever:
(i) Applicable regulations and rules
			 are revised;
(ii) The plan fails in
			 an emergency;
(iii) The facility
			 changes - in its design, construction, operation, maintenance, or other
			 circumstances - in a way that materially increases the potential for fires,
			 explosions, or releases of used oil, or changes the response necessary in an
			 emergency;
(iv) The list of
			 emergency coordinators changes; or
(v) The list of emergency equipment
			 changes.
(5) Emergency
			 coordinator. At all times, there must be at least one employee either on the
			 facility premises or on call (i.e., available to respond to an emergency by
			 reaching the facility within a short period of time) with the responsibility
			 for coordinating all emergency response measures. This emergency coordinator
			 must be thoroughly familiar with all aspects of the facility's contingency
			 plan, all operations and activities at the facility, the location and
			 characteristics of waste handled, the location of all records within the
			 facility, and the facility layout. In addition, this person must have the
			 authority to commit the resources needed to carry out the contingency plan.
[Guidance: The emergency coordinator's responsibilities are
				more fully spelled out in paragraph (b)(6) below. Applicable responsibilities
				for the emergency coordinator vary, depending on factors such as type and
				variety of used oil handled by the facility, and type and complexity of the
				facility.]
(6) Emergency
			 procedures.
(i) Whenever there is an imminent
			 or actual emergency situation, the emergency coordinator (or his designee when
			 the emergency coordinator is on call) must immediately:
(A) Activate internal facility alarms or
			 communication systems, where applicable, to notify all facility personnel;
			 and
(B) Notify appropriate State or
			 local agencies with designated response roles if their help is
			 needed.
(ii) Whenever
			 there is a release, fire, or explosion, the emergency coordinator must
			 immediately identify the character, exact source, amount, and areal extent of
			 any released materials. He may do this by observation or review of facility
			 records or manifests, and, if necessary, by chemical analyses.
(iii) Concurrently, the emergency coordinator
			 must assess possible hazards to human health or the environment that may result
			 from the release, fire, or explosion. This assessment must consider both direct
			 and indirect effects of the release, fire, or explosion (e.g., the effects of
			 any toxic, irritating, or asphyxiating gases that are generated, or the effects
			 of any hazardous surface water run-off from water or chemical agents used to
			 control fire and heat-induced explosions).
(iv) If the emergency coordinator determines
			 that the facility has had a release, fire, or explosion which could threaten
			 human health, or the environment, outside the facility, he must report his
			 findings as follows:
(A) If his assessment
			 indicates that evacuation of local areas may be advisable, he must immediately
			 notify appropriate local authorities. He must be available to help appropriate
			 officials decide whether local areas should be evacuated; and
(B) He must immediately notify either the
			 government official designated as the on-scene coordinator for that
			 geographical area, (in the applicable regional contingency plan under part 1510
			 of this title) or the National Response Center (using their 24-hour toll free
			 number 800/424-8802). The report must include:
(1) Name and telephone number of
			 reporter;
(2) Name and address of
			 facility;
(3) Time and type of
			 incident (e.g., release, fire);
(4)
			 Name and quantity of material(s) involved, to the extent known;
(5) The extent of injuries, if any;
			 and
(6) The possible hazards to
			 human health, or the environment, outside the facility.
(v) During an emergency, the
			 emergency coordinator must take all reasonable measures necessary to ensure
			 that fires, explosions, and releases do not occur, recur, or spread to other
			 used oil at the facility. These measures must include, where applicable,
			 stopping processes and operations, collecting and containing released used oil,
			 and removing or isolating containers.
(vi) If the facility stops operations in
			 response to a fire, explosion, or release, the emergency coordinator must
			 monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
			 pipes, or other equipment, wherever this is appropriate.
(vii) Immediately after an emergency, the
			 emergency coordinator must provide for treating, storing, or disposing of
			 recovered used oil, contaminated soil or surface water, or any other material
			 that results from a release, fire, or explosion at the facility.
(viii) The emergency coordinator must ensure
			 that, in the affected area(s) of the facility:
(A) No waste or used oil that may be
			 incompatible with the released material is treated, stored, or disposed of
			 until cleanup procedures are completed; and
(B) All emergency equipment listed in the
			 contingency plan is cleaned and fit for its intended use before operations are
			 resumed.
(C) The owner or operator
			 must notify the Director, and appropriate State and local authorities, that the
			 facility is in compliance with paragraphs (b)(6)(viii) A and B of this section
			 before operations are resumed in the affected area(s) of the
			 facility.
(ix) The owner
			 or operator must note in the operating record the time, date, and details of
			 any incident that requires implementing the contingency plan. Within 15 days
			 after the incident, he must submit a written report on the incident to the
			 Director. The report must include:
(A) Name,
			 address, and telephone number of the owner or operator;
(B) Name, address, and telephone number of
			 the facility;
(C) Date, time, and
			 type of incident (e.g., fire, explosion);
(D) Name and quantity of material(s)
			 involved;
(E) The extent of
			 injuries, if any;
(F) An assessment
			 of actual or potential hazards to human health or the environment, where this
			 is applicable; and
(G) Estimated
			 quantity and disposition of recovered material that resulted from the
			 incident.
§ 279.53
Rebuttable presumption
			 for used oil
(a) To insure that used
			 oil is not a hazardous waste under the rebuttable presumption of §
			 279.10(b)(1)(ii), the owner or operator of a used oil processing or re-refining
			 facility must determine whether the total halogen content of used oil managed
			 at the facility is above or below 1,000 ppm.
(b) The owner or operator must make this
			 determination by:
(1) Testing the used oil;
			 or
(2) Applying knowledge of the
			 halogen content of the used oil in light of the materials or processes
			 used.
(c) If the used
			 oil contains greater than or equal to 1,000 ppm total halogens, it is presumed
			 to be a hazardous waste because it has been mixed with halogenated hazardous
			 waste listed in Subsection D of Section 261 of this rule. The owner or operator
			 may rebut this presumption by demonstrating that the used oil does not contain
			 hazardous waste (for example, by showing that the used oil does not contain
			 significant concentrations of halogenated hazardous constituents listed in
			 Appendix VIII of Section 261 of this rule).
(1) The rebuttable presumption does not apply
			 to metalworking oils or fluids containing chlorinated paraffins, if they are
			 processed, through a tolling arrangement as described in § 279.24(c), to
			 reclaim metalworking oils/fluids. The presumption
does
apply
			 to metalworking oils and fluids if such oils and fluids are recycled in any
			 other manner or disposed.
(2) The
			 rebuttable presumption does not apply to used oils contaminated with
			 chloroflourocarbons (CFCs) removed from refrigeration units where the CFCs are
			 destined for reclamation. The rebuttable presumption
does
apply to used oils contaminated with CFCs that have been mixed with used oil
			 from sources other than refrigeration units.
§ 279.54
Used oil
			 management
Used oil processors/re-refiners are subject to all applicable
				federal Spill Prevention, Control, and Countermeasures (40 CFR Part 112) in
				addition to the requirements of this Subsection. Used oil
				processors/re-refiners are also subject to the Underground Storage Tank (40 CFR
				Part 280; APC&EC Rule No. 12) standards for used oil stored in underground
				tanks whether or not the used oil exhibits any characteristics of hazardous
				waste, in addition to the requirements of this Subsection.
(a) Management units. Used oil
			 processors/re-refiners may not store used oil in units other than tanks,
			 containers, or units subject to regulation under Sections 264 and 265 of this
			 rule.
(b) Condition of units.
			 Containers and aboveground tanks used to store or process used oil at
			 processing and re-refining facilities must be:
(1) In good condition (no severe rusting,
			 apparent structural defects, or deterioration); and
(2) Not leaking (no visible leaks).
(c) Secondary containment for
			 containers. Containers used to store or process used oil at processing and
			 re-refining facilities must be equipped with a secondary containment system.
(1) The secondary containment system must
			 consist of, as a minimum:
(i) Dikes, berms,
			 or retaining walls; and
(ii) A
			 floor. The floor must cover the entire area within the dikes, berm, or
			 retaining walls; or
(iii) An
			 equivalent secondary containment system.
(2) The entire containment system, including
			 walls and floors, must be sufficiently impervious to used oil to prevent any
			 used oil released into the containment system from migrating out of the system
			 to the soil, groundwater, or surface water.
(d) Secondary containment for existing
			 aboveground tanks. Existing aboveground tanks used to store or process used oil
			 at processing and re-refining facilities must be equipped with a secondary
			 containment system.
(1) The secondary
			 containment system must consist of, as a minimum:
(i) Dikes, berms, or retaining walls;
			 and
(ii) A floor. The floor must
			 cover the entire area within the dikes, berm, or retaining walls except areas
			 where existing portions of the tank meet the ground; or (iii) An equivalent
			 secondary containment system.
(2) The entire containment system, including
			 walls and floors, must be sufficiently impervious to used oil to prevent any
			 used oil released into the containment system from migrating out of the system
			 to the soil, groundwater, or surface water.
(e) Secondary containment for new aboveground
			 tanks. New aboveground tanks used to store or process used oil at processing
			 and re-refining facilities must be equipped with a secondary containment
			 system.
(1) The secondary containment system
			 must consist of, as a minimum:
(i) Dikes,
			 berms, or retaining walls; and
(ii)
			 A floor. The floor must cover the entire area within the dikes, berm, or
			 retaining walls; or
(iii) An
			 equivalent secondary containment system.
(2) The entire containment system, including
			 walls and floors, must be sufficiently impervious to used oil to prevent any
			 used oil released into the containment system from migrating out of the system
			 to the soil, groundwater, or surface water.
(f) Labels.
(1) Containers and aboveground tanks used to
			 store or process used oil at processing and re-refining facilities must be
			 labeled or marked clearly with the words "Used Oil."
(2) Fill pipes used to transfer used oil into
			 underground storage tanks at processing and re-refining facilities must be
			 clearly marked with the words "Used Oil."
(g) Response to releases. Upon detection of a
			 release of used oil to the environment that is not subject to the requirements
			 of APC&EC Rule No. 12 or 40 CFR Part 280, subpart F and which has occurred
			 after the effective date of the recycled used oil management program in effect
			 in the State in which the release is located, an owner/operator must perform
			 the following cleanup steps:
(1) Stop the
			 release;
(2) Contain the released
			 used oil;
(3) Clean up and manage
			 properly the released used oil and other materials; and
(4) If necessary, repair or replace any
			 leaking used oil storage containers or tanks prior to returning them to
			 service.
(h) Closure.
(1) Aboveground tanks. Owners and operators
			 who store or process used oil in aboveground tanks must comply with the
			 following requirements:
(i) At closure of a
			 tank system, the owner or operator must remove or decontaminate used oil
			 residues in tanks, contaminated containment system components, contaminated
			 soils, and structures and equipment contaminated with used oil, and manage them
			 as a hazardous waste, unless the materials are not hazardous waste under this
			 Section.
(ii) If the owner or
			 operator demonstrates that not all contaminated soils can be practicably
			 removed or decontaminated as required in paragraph (i) above, then the owner or
			 operator must close the tank system and perform post-closure care in accordance
			 with the closure and post-closure care requirements that apply to hazardous
			 waste landfills (§ 265.310 of this rule).
(2) Containers. Owners and operators who
			 store or process used oil in containers must comply with the following
			 requirements:
(i) At closure, containers
			 holding used oils or residues of used oil must be removed from the
			 site;
(ii) The owner or operator
			 must remove or decontaminate used oil residues, contaminated containment system
			 components, contaminated soils, and structures and equipment contaminated with
			 used oil, and manage them as hazardous waste, unless the materials are not
			 hazardous wastes under Section 261 of this rule.
§ 279.55
Analysis plan
Owners and operators of used oil processing and re-refining
				facilities must develop and follow a written analysis plan that will be used to
				comply with the analysis requirements of § 279.53 and, if applicable,
				§ 279.72. The owner or operator must keep the plan at the facility.
(a) Rebuttable presumption for used oil in
			 § 279.53. At a minimum, the plan must specify the following:
(1) Whether sample analyses or knowledge of
			 the halogen content of the used oil will be used to make this
			 determination.
(2) If sample
			 analyses are used to make this determination:
(i) The sampling method used to obtain
			 representative samples to be analyzed. A representative sample may be obtained
			 using either:
(A) One of the sampling methods
			 listed in Appendix I to Section 261 of this rule; or
(B) A method shown to be equivalent under
			 §§ 260.20 and 260.21 of this rule.
(ii) The frequency of sampling to be
			 performed, and whether the analysis will be performed on-site or off-site; and
(iii) The methods used to analyze
			 used oil for the parameters specified in § 279.53; and (3) The type of
			 information that will be used to determine the halogen content of the used
			 oil.
(b)
			 On-specification used oil fuel in § 279.72. At a minimum, the plan must
			 specify the following if § 279.72 is applicable:
(1) Whether sample analyses or other
			 information will be used to make this determination.
(2) If sample analyses are used to make this
			 determination:
(i) The sampling method used to
			 obtain representative samples to be analyzed. A representative sample may be
			 obtained using either:
(A) One of the sampling
			 methods listed in Appendix I to Section 261 of this rule; or
(B) A method shown to be equivalent under
			 §§ 260.20 and 260.21 of this rule.
(ii) Whether used oil will be sampled and
			 analyzed prior to or after any processing or re-refining;
(iii) The frequency of sampling to be
			 performed, and whether the analysis will be performed on-site or off-site;
			 and
(iv) The methods used to
			 analyze used oil for the parameters specified in § 279.72;
			 and
(3) The type of
			 information that will be used to make the on-specification used oil fuel
			 determination.
§
			 279.56
Tracking
(a)
			 Acceptance. Used oil processors/re-refiners must keep a record of each used oil
			 shipment accepted for processing or re-refining. These records may take the
			 form of a log, invoice, manifest, bill of lading, or other shipping documents.
			 Records for each shipment must include the following information:
(1) The name and address of the transporter,
			 or processor/re-refiner who delivered the used oil to the
			 processor/re-refiner;
(2) The name
			 and address of the generator or processor/re-refiner from whom the used oil was
			 shipped for processing/re-refining;
(3) The EPA identification number of the
			 transporter who delivered the used oil to the processor/re-refiner;
(4) The EPA identification number (if
			 applicable) of the generator or processor/re-refiner from whom the used oil was
			 shipped for processing/re-refining;
(5) The quantity of used oil
			 accepted;
(6) The date of
			 acceptance.
(b)
			 Delivery. Used oil processors/re-refiners must keep a record of each shipment
			 of used oil that is shipped to a used oil burner, processor/re-refiner, or
			 disposal facility. These records may take the form of a log, invoice, manifest,
			 bill of lading, or other shipping documents. Records for each shipment must
			 include the following information:
(1) The
			 name and address of the transporter who delivers the used oil to the burner,
			 processor/re-refiner or disposal facility;
(2) The name and address of the burner,
			 processor/re-refiner or disposal facility which will receive the used
			 oil;
(3) The EPA identification
			 number of the transporter who delivers the used oil to the burner,
			 processor/re-refiner or disposal facility;
(4) The EPA identification number of the
			 burner, processor/re-refiner or disposal facility which will receive the used
			 oil;
(5) The quantity of used oil
			 shipped; and
(6) The date of
			 shipment.
(c) Records
			 retention. The records described in paragraphs (a) through (c) above must be
			 maintained for at least three years.
§ 279.57
Operating record and
			 reporting
(a) Operating record.
(1) The owner or operator must keep a written
			 operating record at the facility.
(2) The following information must be
			 recorded, as it becomes available, and maintained in the operating record until
			 closure of the facility:
(i) Records and
			 results of used oil analyses performed as described in the analysis plan under
			 § 279.55; and
(ii) Summary
			 reports and details of all incidents that require implementation of the
			 contingency plan as specified in § 279.52(b).
(b) Reporting. A used oil
			 processor/re-refiner must report to the Director, in the form of a letter, on
			 an annual basis (by March 1 of each calendar year), the following information
			 concerning used oil activities during the previous calendar year:
(1) The EPA identification number, name, and
			 address of the processor/re-refiner;
(2) The calendar year covered by the report;
			 and
(3) The quantities of used oil
			 accepted for processing or re-refining and the manner in which the used oil is
			 processed or re-refined, including the specific processes employed.
§ 279.58
Off-site shipments of used oil
Used oil processors and re-refiners who initiate shipments of
				used oil off-site must ship the used oil using a used oil transporter who has
				obtained an EPA identification number.
§ 279.59
Management of
			 residues
Owners and operators who generate residues from the storage,
				processing, or re-refining of used oil must manage the residues as specified in
				§ 279.10(e).
Subsection
			 G
- Standards for Used Oil Burners Who Burn
			 Off-specification Used Oil for Energy Recovery
§ 279.60
Applicability
(a) General. The requirements of this
			 Subsection apply to used oil burners except as specified in paragraphs (a)(1)
			 and (a)(2) below. A used oil burner is a facility where used oil not meeting
			 the specification requirements at § 279.11 is burned for energy recovery
			 in devices identified in § 279.61(a). Facilities burning used oil for
			 energy recovery under the following conditions are not subject to this
			 Subsection:
(1) The used oil is burned by the
			 generator in an on-site space heater under the provisions of § 279.23;
			 or
(2) The used oil is burned by a
			 processor/re-refiner for purposes of processing used oil, which is considered
			 burning incidentally to used oil processing.
(b) Other applicable provisions. Used oil
			 burners who conduct the following activities are also subject to the
			 requirements of other applicable provisions of this part as indicated in
			 paragraphs (b)(1) through (b)(5) below:
(1)
			 Burners who generate used oil must also comply with Subsection C of this
			 Section.
(2) Burners who transport
			 used oil must also comply with Subsection E of this Section.
(3) Except as provided in § 279.61(b),
			 burners who process or re-refine used oil must also comply with Subsection F of
			 this Section;
(4) Burners direct
			 shipments of off-specification used oil from their facility to a used oil
			 burner or first claim that used oil that is to be burned for energy recovery
			 meets the used oil fuel specifications set forth in § 279.11 must also
			 comply with Subsection H of this Section; and
(5) Burners who dispose of used oil,
			 including the use of used oil as a dust suppressant, must also comply with
			 Subsection I of this Section.
(c) Specification fuel. This Subsection does
			 not apply to persons burning used oil that meets the used oil fuel
			 specification of § 279.11, provided that the burner complies with the
			 requirements of Subsection H of this Section.
§ 279.61
Restrictions on
			 burning
(a) Off-specification used oil
			 fuel may be burned for energy recovery in only the following devices:
(1) Industrial furnaces identified in §
			 260.10 of this rule;
(2) Boilers,
			 as defined in § 260.10 of this rule, that are identified as follows:
(i) Industrial boilers located on the site of
			 a facility engaged in a manufacturing process where substances are transformed
			 into new products, including the component parts of products, by mechanical or
			 chemical processes;
(ii) Utility
			 boilers used to produce electric power, steam, heated or cooled air, or other
			 gases or fluids for sale; or
(iii)
			 Used oil-fired space heaters provide the burner meets the provisions of §
			 279.23; or
(3) Hazardous
			 waste incinerators subject to regulation under Subsection O of Sections 264 or
			 265 of this rule.
(b)
(1) With the following exception, used oil
			 burners may not process used oil unless they also comply with the requirements
			 of Subsection F of this Section.
(2) Used oil burners may aggregate
			 off-specification used oil with virgin oil or on-specification used oil for
			 purposes of burning, but may not aggregate for purposes of producing
			 on-specification used oil.
§ 279.62
Notification
(a) Identification numbers. Used oil burners
			 that have not previously notified the Division of their used oil burning
			 activities must notify the Division to identify these activities.
Even
			 if a used oil burner has previously notified the Division or EPA of hazardous
			 waste management activities under section 3010 of RCRA and obtained an
			 identification number, the used oil fuel burner must re-notify to identify used
			 oil burning activities.
(b) Mechanics of notification. A used oil
			 burner who has not received an EPA identification number may obtain one by
			 notifying the Director of their used oil activity by submitting a completed EPA
			 Form 8700-12.
§
			 279.63
Rebuttable presumption for used oil
(a) To insure that used oil managed at a used
			 oil burner facility is not a hazardous waste under the rebuttable presumption
			 of § 279.10(b)(1)(ii), a used oil burner must determine whether the total
			 halogen content of used oil managed at the facility is above or below 1,000
			 ppm.
(b) The used oil burner must
			 make this determination by:
(1) Testing the
			 used oil; or
(2) Applying knowledge
			 of the halogen content of the used oil in light of the materials or processes
			 used.
(3) If the used oil has been
			 received from a processor/refiner subject to regulation under subsection F of
			 this Section, using information provided by the processor/re-refiner.
(c) If the used oil contains
			 greater than or equal to 1,000 ppm total halogens, it is presumed to be a
			 hazardous waste because it has been mixed with halogenated hazardous waste
			 listed in Subsection D of Section 261 of this rule. The owner or operator may
			 rebut this presumption by demonstrating that the used oil does not contain
			 hazardous waste (for example, by showing that the used oil does not contain
			 significant concentrations of halogenated hazardous constituents listed in
			 Appendix VIII of Section 261 of this rule).
(1) The rebuttable presumption does not apply
			 to metalworking oils or fluids containing chlorinated paraffins, if they are
			 processed, through a tolling arrangement as described in § 279.24(c), to
			 reclaim metalworking oils/fluids. The presumption
does
apply
			 to metalworking oils and fluids if such oils and fluids are recycled in any
			 other manner or disposed.
(2) The
			 rebuttable presumption does not apply to used oils contaminated with
			 chloroflourocarbons (CFCs) removed from refrigeration units where the CFCs are
			 destined for reclamation. The rebuttable presumption does apply to used oils
			 contaminated with CFCs that have been mixed with used oil from sources other
			 than refrigeration units. (d) Records retention. Records of analyses conducted
			 or information used to comply with paragraphs (a), (b), and (c) of this
			 subsection must be maintained by the burner for at least three years.
§ 279.64
Used oil storage
Used oil burners are subject to all applicable federal Spill
				Prevention, Control, and Countermeasures (40 CFR Part 112) in addition to the
				requirements of this Subsection. Used oil burners are also subject to the
				Underground Storage Tank (40 CFR Part 280; APC&EC Rule No. 12) standards
				for used oil stored in underground tanks whether or not the used oil exhibits
				any characteristics of hazardous waste, in addition to the requirements of this
				Subsection.
(a) Storage units. Used
			 oil burners may not store used oil in units other than tanks, containers, or
			 units subject to regulation under Sections 264 and 265 of this rule.
(b) Condition of units. Containers and
			 aboveground tanks used to store used oil at burner facilities must be:
(1) In good condition (no severe rusting,
			 apparent structural defects, or deterioration); and
(2) Not leaking (no visible leaks).
(c) Secondary containment for
			 containers. Containers used to store used oil at burner facilities must be
			 equipped with a secondary containment system.
(1) The secondary containment system must
			 consist of, as a minimum:
(i) Dikes, berms, or
			 retaining walls; and
(ii) A floor.
			 The floor must cover the entire area within the dikes, berm, or retaining
			 walls.
(2) The entire
			 containment system, including walls and floors, must be sufficiently impervious
			 to used oil to prevent any used oil released into the containment system from
			 migrating out of the system to the soil, groundwater, or surface
			 water.
(d) Secondary
			 containment for existing above ground tanks. Existing aboveground tanks used to
			 store used oil at burner facilities must be equipped with a secondary
			 containment system.
(1) The secondary
			 containment system must consist of, as a minimum:
(i) Dikes, berms, or retaining walls;
			 and
(ii) A floor. The floor must
			 cover the entire area within the dikes, berm, or retaining walls except areas
			 where existing portions of the tank meet the ground; or (iii) An equivalent
			 secondary containment system.
(2) The entire containment system, including
			 walls and floors, must be sufficiently impervious to used oil to prevent any
			 used oil released into the containment system from migrating out of the system
			 to the soil, groundwater, or surface water.
(e) Secondary containment for new above
			 ground tanks. New aboveground tanks used to store used oil at burner facilities
			 must be equipped with a secondary containment system.
(1) The secondary containment system must
			 consist of, as a minimum:
(i) Dikes, berms, or
			 retaining walls; and
(ii) A floor.
			 The floor must cover the entire area within the dikes, berm, or retaining
			 walls; or
(iii) An equivalent
			 secondary containment system.
(2) The entire containment system, including
			 walls and floors, must be sufficiently impervious to used oil to prevent any
			 used oil released into the containment system from migrating out of the system
			 to the soil, groundwater, or surface water.
(f) Labels.
(1) Containers and aboveground tanks used to
			 store used oil at burner facilities must be labeled or marked clearly with the
			 words "Used Oil."
(2) Fill pipes
			 used to transfer used oil into underground storage tanks at burner facilities
			 must be clearly marked with the words "Used Oil."
(g) Response to releases. Upon detection of a
			 release of used oil to the environment not subject to the requirements of
			 APC&EC Rule No. 12 or 40 CFR Part 280, subpart F which has occurred after
			 the effective date of this Section, a burner must perform the following cleanup
			 steps:
(1) Stop the release;
(2) Contain the released used oil;
(3) Clean up and properly manage the released
			 used oil and other materials; and
(4) If necessary to prevent future releases,
			 repair or replace any leaking used oil storage containers or tanks prior to
			 returning them to service.
§ 279.65
Tracking
(a) Acceptance. Used oil burners must keep a
			 record of each used oil shipment accepted for burning. These records may take
			 the form of a log, invoice, manifest, bill of lading, or other shipping
			 documents. Records for each shipment must include the following information:
(1) The name and address of the transporter,
			 or processor/re-refiner who delivered the used oil to the burner;
(2) The name and address of the generator or
			 processor/re-refiner from whom the used oil was shipped for burning;
(3) The EPA identification number of the
			 transporter who delivered the used oil to the burner;
(4) The EPA identification number (if
			 applicable) of the generator or processor/re-refiner from whom the used oil was
			 shipped for burning;
(5) The
			 quantity of used oil accepted;
(6)
			 The date of acceptance.
(b) Records retention. The records described
			 in paragraphs (a) through (c) above must be maintained for at least three
			 years.
§ 279.66
Notices
(a) Certification.
			 Before a burner accepts the first shipment of off-specification used oil fuel
			 from a generator, transporter, or processor/re-refiner, the burner must provide
			 to the generator, transporter, or processor/re-refiner a one-time written and
			 signed notice certifying that:
(1) The burner
			 has notified the Division stating the location and general description of his
			 used oil management activities; and
(2) The burner will burn the
			 off-specification used oil only in an industrial furnace or boiler identified
			 in § 279.61(a).
(b)
			 Certificate retention. The certification required in paragraph (a) above must
			 be maintained for three years from the date the burner last receives shipment
			 of off-specification used oil fuel from a generator, transporter, or
			 processor/re-refiner.
§
			 279.67
Management of residues
Burners who generate residues from the storage or burning of
				used oil must manage the residues as specified in § 279.10(e).
Subsection H
-
			 Standards for Used Oil Fuel Marketers
§
			 279.70
Applicability
(a) Any person who conducts either of the
			 following activities is subject to the requirements of this Subsection:
(1) Directs a shipment of off-specification
			 used oil from their facility to a used oil burner, or
(2) First claims that used oil that is to be
			 burned for energy recovery meets the used oil fuel specifications set forth in
			 § 279.11.
(b) The
			 following persons are not marketers subject to this Subsection:
(1) Used oil generators, and transporters who
			 transport used oil received only from generators, unless the generator or
			 transporter directs a shipment of off-specification used oil from their
			 facility to a used oil burner. However, processors or re-refiners who burn some
			 used oil fuel for the purpose of processing are considered to be burning
			 incidentally to processing. Thus, generators and transporters who direct
			 shipments of off-specification used oil to processors or re-refiners who
			 incidentally burn that used oil are not marketers subject to this
			 Subsection.
(2) Persons who direct
			 shipments of on-specification used oil and who are not the first person to
			 first claim the used oil meets the used oil fuel specifications of §
			 279.11.
(c) Any person
			 subject to the requirements of this Subsection must also comply with one of the
			 following:
(1) Subsection C of this Section -
			 Standards for Used Oil Generators;
(2) Subsection E of this Section - Standards
			 for Used Oil Transporters and Transfer Facilities;
(3) Subsection F of this Section - Standards
			 for Used Oil Processors and Re -refiners;
(4) Subsection G of this Section - Standards
			 for Used Oil Burners who Burn Off- specification Used Oil for Energy
			 Recovery.
§
			 279.71
Prohibitions
A used oil fuel marketer may initiate a shipment of
				off-specification used oil fuel only to a used oil burner who:
(a) Has an EPA identification number;
			 and
(b) Burns the used oil in an
			 industrial furnace or boiler identified in § 279.61(a).
§ 279.72
On-specification used oil fuel
(a)
			 Analysis of used oil fuel. A generator, trans-porter, processor, re-refiner, or
			 burner may determine that used oil that is to be burned for energy recovery
			 meets the fuel specifications of § 279.11 by performing analyses or
			 obtaining copies of other information documenting that the used oil meets the
			 specifications.
(b) Records
			 retention. A generator, transporter, processor, re-refiner, or burner who first
			 claims that used oil that is to be burned for energy recovery meets the used
			 oil fuel specifications of § 279.11 must keep copies of analyses of the
			 used oil (or other information used to make the determination) for three
			 years.
§ 279.73
Notification
(a) A used oil fuel
			 marketer subject to the requirements of this subsection who has not previously
			 notified the Division of their used oil fuel marketing activities must notify
			 EPA of their used oil fuel must notify the Division to identify these used oil
			 fuel marketing activities.
Even if a used oil fuel marketer has
			 previously notified the Division or EPA of hazardous waste management
			 activities under section 3010 of RCRA and obtained an identification number,
			 the used oil fuel marketer must renotify the Division to identify used oil fuel
			 marketing activities.
(b)
			 A used oil marketer who has not received an EPA identification number may
			 obtain one by notifying the Director of their used oil activity by submitting a
			 completed EPA Form 8700-12(AR-11-91R) (to obtain EPA Form 8700-12(AR-11-91R)
			 call (501) 570-2872 or 570-2876).
§ 279.74
Tracking
(a) Any used oil fuel marketer who directs a
			 shipment of off-specification used oil to a burner must keep a record of each
			 shipment of used oil to a used oil burner. These records may take the form of a
			 log, invoice, manifest, bill of lading, or other shipping documents. Records
			 for each shipment must include the following information:
(1) The name and address of the transporter
			 who delivers the used oil to the burner;
(2) The name and address of the burner who
			 will receive the used oil;
(3) The
			 EPA identification number of the transporter who delivers the used oil to the
			 burner;
(4) The EPA identification
			 number of the burner;
(5) The
			 quantity of used oil shipped;
(6)
			 The date of shipment.
(b) On-specification used oil delivery. A
			 generator, transporter, processor, re-refiner, or burner who first claims that
			 used oil that is to be burned for energy recovery meets the used oil fuel
			 specifications of § 279.11 must keep a record of each shipment of used oil
			 to an on-specification used oil burner. These records may take the form of a
			 log, invoice, manifest, bill of lading, or other shipping documents. Records
			 for each shipment must include the following information:
(1) The name and address of the facility
			 receiving the shipment;
(2) The
			 quantity of used oil fuel delivered;
(3) The date of shipment or delivery;
			 and
(4) A cross-reference to the
			 record of used oil analysis or other information used to make the determination
			 that the oil meets the specification as required under § 279.11.
(c) Records retention. The records
			 described in paragraphs (a) and (b) above must be maintained for at least three
			 years.
§ 279.75
Notices
(a) Certification. Before
			 a used oil generator, transporter, processor, or re-refiner directs the first
			 shipment of off-specification used oil fuel to a burner, he must obtain a
			 one-time written and signed notice from the burner certifying that:
(1) The burner has notified the Division
			 stating the location and general description of his used oil management
			 activities; and
(2) The burner will
			 burn the off-specification used oil only in an industrial furnace or boiler
			 identified in § 279.61(a).
(b) Certificate retention. The certification
			 required in paragraph (a) above must be maintained for three years from the
			 date the last shipment of off-specification used oil is shipped to the
			 burner.
Subsection
			 I
- Standards for Use as a Dust Suppressant and Disposal of
			 Used Oil
§ 279.80
Applicability
The requirements of this Subsection apply to all used oils that
				are not or cannot be recycled and are therefore being disposed.
§ 279.81
Disposal
(a) Disposal of hazardous
			 used oils. Used oils that are identified as a hazardous waste and/or cannot be
			 recycled in accordance with this Section must be managed in accordance with the
			 hazardous waste management requirements of Sections 260 through 270 of this
			 rule.
(b) Disposal of nonhazardous
			 used oils. Used oils that are not hazardous wastes and cannot be recycled under
			 this Section must be disposed in accordance with the requirements of APC&EC
			 Rule No. 22 (Solid Waste Management) and 40 CFR Parts 257 and 258.
§ 279.82
Use as a dust
			 suppressant
(a) Except as provided
			 below, the use of used oil as a dust suppressant is prohibited.
(b)
Persons desiring to use used oil
			 for dust suppression must first petition the EPA Administrator to allow the use
			 of the used oil (that is not mixed with any hazardous waste and does
not exhibit any characteristic of a hazardous waste) as
				a dust suppressant. A copy of this petition must be provided to the
				Director.
(c)
Upon approval of the dust suppressant petition by the EPA
			 Administrator, the petitioner must apply, using a Special Waste Disposal
			 Request, to the Director for approval of use of specified lots of used oil as a
			 dust suppressant. The petitioner must demonstrate:
(1)
The specific lots of used oil
			 proposed for use as a dust suppressant are not mixed with any hazardous waste
			 and do not exhibit any characteristic of a hazardous waste as defined at
			 Section 261, Subsection C of this rule; and
(2)
The used oil will be applied as a
			 dust suppressant only in areas and in a manner which will preclude the used oil
			 or runoff containing components of the used oil from entering any waters of the
			 State (as defined at A.C.A. § 8-4-102(8)).
Section 18.
[Reserved]
Section 19
EFFECT OF FEDERAL REGULATIONS
(a)
			 Any rules adopted by the Commission shall not be less stringent than the
			 regulations promulgated or revised by the United States Environmental
			 Protection Agency pursuant to the Federal Resource Conservation and Recovery
			 Act of 1976, as amended.
(b) Where
			 the Division issues variances pursuant to A.C.A. § 8-7-211, such variances
			 shall not provide terms less stringent than those set by federal regulations
			 adopted or incorporated by reference in this Rule nor less stringent than those
			 for which analogous provisions have been adopted herein.
(c) Nothing in this Section shall prohibit
			 the Commission from imposing any rule or regulation, nor the Division from
			 imposing any standard, procedure or permit condition which is more stringent
			 than federal regulations, when such rule, standard, procedure or permit
			 condition is required as a part of this Rule or the Act or when the Division
			 finds such stringency is necessary to protect the public health or the
			 environment.