cfr_sections
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221 rows where part_number = 264 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:28.0.1.1.5.1.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | A | Subpart A—General | § 264.1 Purpose, scope and applicability. | EPA | [45 FR 33221, May 19, 1980] | (a) The purpose of this part is to establish minimum national standards which define the acceptable management of hazardous waste. (b) The standards in this part apply to owners and operators of all facilities which treat, store, or dispose of hazardous waste, except as specifically provided otherwise in this part or part 261 of this chapter. (c) The requirements of this part apply to a person disposing of hazardous waste by means of ocean disposal subject to a 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 part 270 of this chapter. [ Comment: These part 264 regulations do apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.] [ Comment: These part 264 regulations 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 part 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 § 144.14 of this chapter. [ Comment: These part 264 regulations do apply to the above-ground treatment or storage of hazardous waste before it is injected underground.] [ Comment: These part 264 regulations do apply to the above-ground treatment or storage of hazardous waste before it is injected underground.] (e) The requirements of this part 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 part 270 of this chapter. (f) The requirements of this part do not apply to a person who treats, stores, or disposes of hazardous waste in a State with a RCRA hazardous waste program authorized under subpa… | |||
| 40:40:28.0.1.1.5.1.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | A | Subpart A—General | § 264.2 [Reserved] | EPA | |||||
| 40:40:28.0.1.1.5.1.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | A | Subpart A—General | § 264.3 Relationship to interim status standards. | EPA | [45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 58 FR 8683, Feb. 16, 1993] | 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 chapter—must comply with the regulations specified in part 265 of this chapter in lieu of the regulations in this part, until final administrative disposition of his permit application is made, except as provided under 40 CFR part 264 subpart S. [ Comment: As stated in section 3005(a) of RCRA, after the effective date of regulations under that section, i.e., parts 270 and 124 of this chapter, 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.] [ Comment: As stated in section 3005(a) of RCRA, after the effective date of regulations under that section, i.e., parts 270 and 124 of this chapter, 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.] | |||
| 40:40:28.0.1.1.5.1.1.4 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | A | Subpart A—General | § 264.4 Imminent hazard action. | EPA | [45 FR 33221, May 19, 1980, as amended at 71 FR 40272, July 14, 2006] | Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to section 7003 of RCRA. | |||
| 40:40:28.0.1.1.5.10.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.190 Applicability. | EPA | [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 53 FR 34086, Sept. 2, 1988; 55 FR 50484, Dec. 6, 1990; 58 FR 46050, Aug. 31, 1993; 70 FR 34581, June 14, 2005] | The requirements of this subpart apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in paragraphs (a), (b), and (c) of this section or in § 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 chapter. (b) Tank systems, including sumps, as defined in § 260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in § 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 chapter and regulated under 40 CFR part 264 subpart W, must meet the requirements of this subpart. | |||
| 40:40:28.0.1.1.5.10.1.10 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.199 Special requirements for incompatible wastes. | EPA | (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. | ||||
| 40:40:28.0.1.1.5.10.1.11 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.200 Air emission standards. | EPA | [61 FR 59950, Nov. 25, 1996] | The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of subparts AA, BB, and CC of this part. | |||
| 40:40:28.0.1.1.5.10.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.191 Assessment of existing tank system's integrity. | EPA | [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 71 FR 16905, Apr. 4, 2006; 81 FR 85826, Nov. 28, 2016] | (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 a qualified Professional Engineer, in accordance with § 270.11(d) of this chapter, that attests to the tank system's integrity by January 12, 1988. (b) This assessment must determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must 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 a qualified Professional Engineer in accordance with § 270.11(d) of this chapter, that addresses cracks, leaks, corrosion, and erosion. 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… | |||
| 40:40:28.0.1.1.5.10.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.192 Design and installation of new tank systems or components. | EPA | [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 71 FR 16905, Apr. 4, 2006] | (a) Owners or operators of new tank systems or components must obtain and submit to the Regional Administrator, at time of submittal of part B information, a written assessment, reviewed and certified by a qualified Professional Engineer, in accordance with § 270.11(d) of this chapter, 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 Regional Administrator 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, fib… | |||
| 40:40:28.0.1.1.5.10.1.4 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.193 Containment and detection of releases. | EPA | [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 53 FR 34086, Sept. 2, 1988; 71 FR 16905, Apr. 4, 2006; 71 FR 40273, July 14, 2006] | (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… | |||
| 40:40:28.0.1.1.5.10.1.5 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.194 General operating requirements. | EPA | (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. | ||||
| 40:40:28.0.1.1.5.10.1.6 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.195 Inspections. | EPA | [51 FR 25472, July 14, 1986, as amended at 71 FR 16906, Apr. 4, 2006; 81 FR 85826, Nov. 28, 2016] | (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. 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 Regional Administrator 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) Ancillary equipment that is not provided with secondary containment, as described in § 264.193(f)(1) through (4), must be inspected at least once each operating day. (g) The owner or operator must inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ens… | |||
| 40:40:28.0.1.1.5.10.1.7 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems. | EPA | [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 53 FR 34086, Sept. 2, 1988; 71 FR 16906, Apr. 4, 2006] | 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 Regional Administrator 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 detect… | |||
| 40:40:28.0.1.1.5.10.1.8 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.197 Closure and post-closure care. | EPA | [51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986] | (a) At closure of a tank system, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless § 261.3(d) of this chapter applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems must meet all of the requirements specified in subparts G and H of this part. (b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in paragraph (a) of this section, then the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (§ 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 subparts 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. (… | |||
| 40:40:28.0.1.1.5.10.1.9 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | J | Subpart J—Tank Systems | § 264.198 Special requirements for ignitable or reactive wastes. | EPA | (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 chapter, 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). | ||||
| 40:40:28.0.1.1.5.11.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.220 Applicability. | EPA | The regulations in this subpart 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. | ||||
| 40:40:28.0.1.1.5.11.1.10 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.230 Special requirements for incompatible wastes. | EPA | Incompatible wastes, or incompatible wastes and materials, (see appendix V of this part for examples) must not be placed in the same surface impoundment, unless § 264.17(b) is complied with. | ||||
| 40:40:28.0.1.1.5.11.1.11 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.231 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27. | EPA | [50 FR 2004, Jan. 14, 1985] | (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 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 Regional Administrator 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 Regional Administrator may determine that additional design, operating, and monitoring requirements are necessary for surface impoundments managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 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. | |||
| 40:40:28.0.1.1.5.11.1.12 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.232 Air emission standards. | EPA | [61 FR 59950, Nov. 25, 1996] | The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of subparts BB and CC of this part. | |||
| 40:40:28.0.1.1.5.11.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.221 Design and operating requirements. | EPA | [47 FR 32357, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 28747, July 15, 1985; 57 FR 3487, Jan. 29, 1992; 71 FR 40273, July 14, 2006] | (a) Any surface impoundment that is not covered by paragraph (c) of this section or § 265.221 of this chapter 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 Regional Administrator 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 wate… | |||
| 40:40:28.0.1.1.5.11.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.222 Action leakage rate. | EPA | [57 FR 3487, Jan. 29, 1992] | (a) The Regional Administrator 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 Regional Administrator 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). | |||
| 40:40:28.0.1.1.5.11.1.4 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.223 Response actions. | EPA | [57 FR 3488, Jan. 29, 1992,as amended at 71 FR 40273, July 14, 2006] | (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 Regional Administrator in writing of the exceedance within 7 days of the determination; (2) Submit a preliminary written assessment to the Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 othe… | |||
| 40:40:28.0.1.1.5.11.1.5 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | §§ 264.224-264.225 [Reserved] | EPA | |||||
| 40:40:28.0.1.1.5.11.1.6 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.226 Monitoring and inspection. | EPA | [47 FR 32357, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 28748, July 15, 1985; 57 FR 3488, Jan. 29, 1992; 71 FR 40273, July 14, 2006] | (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 fi… | |||
| 40:40:28.0.1.1.5.11.1.7 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.227 Emergency repairs; contingency plans. | EPA | [47 FR 32357, July 26, 1982, as amended at 50 FR 28748, July 15, 1985] | (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 Regional Administrator of the problem in writing within seven days after detecting the problem. (c) As part of the contingency plan required in subpart D of this part, 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 re… | |||
| 40:40:28.0.1.1.5.11.1.8 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.228 Closure and post-closure care. | EPA | [47 FR 32357, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 57 FR 3488, Jan. 29, 1992] | (a) At closure, the owner or operator must: (1) Remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless § 261.3(d) of this chapter applies; or (2)(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 subpart 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… | |||
| 40:40:28.0.1.1.5.11.1.9 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | K | Subpart K—Surface Impoundments | § 264.229 Special requirements for ignitable or reactive waste. | EPA | [47 FR 32357, July 26, 1982, as amended at 55 FR 22685, June 1, 1990] | Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of 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 chapter; 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. | |||
| 40:40:28.0.1.1.5.12.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | L | Subpart L—Waste Piles | § 264.250 Applicability. | EPA | (a) The regulations in this subpart apply to owners and operators of facilities that store or treat hazardous waste in piles, except as § 264.1 provides otherwise. (b) The regulations in this subpart 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 subpart N of this part (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 subpart F of this part, 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. | ||||
| 40:40:28.0.1.1.5.12.1.10 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | L | Subpart L—Waste Piles | § 264.259 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27. | EPA | [50 FR 2004, Jan. 14, 1985, as amended at 71 FR 40273, July 14, 2006] | (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 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 Regional Administrator 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 Regional Administrator may determine that additional design, operating, and monitoring requirements are necessary for piles managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 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. | |||
| 40:40:28.0.1.1.5.12.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | L | Subpart L—Waste Piles | § 264.251 Design and operating requirements. | EPA | [47 FR 32359, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 57 FR 3488, Jan. 29, 1992; 71 FR 16906, Apr. 4, 2006; 71 FR 40273, July 14, 2006] | (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 Regional Administrator 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 thro… | |||
| 40:40:28.0.1.1.5.12.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | L | Subpart L—Waste Piles | § 264.252 Action leakage rate. | EPA | [57 FR 3489, Jan. 29, 1992, as amended at 71 FR 40273, July 14, 2006] | (a) The Regional Administrator 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 Regional Administrator approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period. | |||
| 40:40:28.0.1.1.5.12.1.4 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | L | Subpart L—Waste Piles | § 264.253 Response actions. | EPA | [57 FR 3489, Jan. 29, 1992] | (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 Regional Administrator in writing of the exceedance within 7 days of the determination; (2) Submit a preliminary written assessment to the Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 … | |||
| 40:40:28.0.1.1.5.12.1.5 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | L | Subpart L—Waste Piles | § 264.254 Monitoring and inspection. | EPA | [47 FR 32359, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 28748, July 15, 1985; 57 FR 3489, Jan. 29, 1992] | (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. | |||
| 40:40:28.0.1.1.5.12.1.6 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | L | Subpart L—Waste Piles | § 264.255 [Reserved] | EPA | |||||
| 40:40:28.0.1.1.5.12.1.7 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | L | Subpart L—Waste Piles | § 264.256 Special requirements for ignitable or reactive waste. | EPA | [47 FR 32359, July 26, 1982, as amended at 55 FR 22685, June 1, 1990] | Ignitable or reactive waste must not be placed in a waste pile unless the waste and waste pile satisfy all applicable requirements of 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 chapter; 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. | |||
| 40:40:28.0.1.1.5.12.1.8 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | L | Subpart L—Waste Piles | § 264.257 Special requirements for incompatible wastes. | EPA | (a) Incompatible wastes, or incompatible wastes and materials, (see appendix V of this part 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). | ||||
| 40:40:28.0.1.1.5.12.1.9 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | L | Subpart L—Waste Piles | § 264.258 Closure and post-closure care. | EPA | (a) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless § 261.3(d) of this chapter applies. (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. | ||||
| 40:40:28.0.1.1.5.13.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.270 Applicability. | EPA | The regulations in this subpart apply to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as § 264.1 provides otherwise. | ||||
| 40:40:28.0.1.1.5.13.1.10 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.280 Closure and post-closure care. | EPA | [47 FR 32361, July 26, 1982, as amended at 71 FR 16906, Apr. 4, 2006; 71 FR 40273, July 14, 2006] | (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 of this chapter, when closure is completed the owner or operator may submit to the Regional Administrator certification by an independent, qualified soil scientist, in lieu of a qualified Professional Engineer, that the facility has been closed in accordance with the specifications in the approved closure plan. (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) Ma… | |||
| 40:40:28.0.1.1.5.13.1.11 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.281 Special requirements for ignitable or reactive waste. | EPA | [47 FR 32361, July 26, 1982, as amended at 55 FR 22685, June 1, 1990] | 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 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 chapter; 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. | |||
| 40:40:28.0.1.1.5.13.1.12 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.282 Special requirements for incompatible wastes. | EPA | The owner or operator must not place incompatible wastes, or incompatible wastes and materials (see appendix V of this part for examples), in or on the same treatment zone, unless § 264.17(b) is complied with. | ||||
| 40:40:28.0.1.1.5.13.1.13 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.283 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27. | EPA | [50 FR 2004, Jan. 14, 1985, as amended at 71 FR 40273, July 14, 2006] | (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26 and FO27 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 Regional Administrator 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 Regional Administrator may determine that additional design, operating, and monitoring requirements are necessary for land treatment facilities managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 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. | |||
| 40:40:28.0.1.1.5.13.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.271 Treatment program. | EPA | [47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985] | (a) An owner or operator subject to this subpart 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 Regional Administrator 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 Regional Administrator will specify in the facility permit the hazardous constituents that must be degraded, transformed, or immobilized under this subpart. Hazardous constituents are constituents identified in appendix VIII of part 261 of this chapter that are reasonably expected to be in, or derived from, waste placed in or on the treatment zone. (c) The Regional Administrator 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. | |||
| 40:40:28.0.1.1.5.13.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.272 Treatment demonstration. | EPA | [47 FR 32361, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983] | (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 Regional Administrator 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 part 261 of this chapter 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 dur… | |||
| 40:40:28.0.1.1.5.13.1.4 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.273 Design and operating requirements. | EPA | [47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985] | The Regional Administrator 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 Regional Administrator 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 impro… | |||
| 40:40:28.0.1.1.5.13.1.5 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | §§ 264.274-264.275 [Reserved] | EPA | |||||
| 40:40:28.0.1.1.5.13.1.6 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.276 Food-chain crops. | EPA | The Regional Administrator 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 Regional Administrator 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 part 261 of this chapter 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 perm… | ||||
| 40:40:28.0.1.1.5.13.1.7 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.277 [Reserved] | EPA | |||||
| 40:40:28.0.1.1.5.13.1.8 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.278 Unsaturated zone monitoring. | EPA | [47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985] | An owner or operator subject to this subpart 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 Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 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 backgroun… | |||
| 40:40:28.0.1.1.5.13.1.9 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | M | Subpart M—Land Treatment | § 264.279 Recordkeeping. | EPA | [47 FR 32361, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985] | The owner or operator must include hazardous waste application dates and rates in the operating record required under § 264.73. | |||
| 40:40:28.0.1.1.5.14.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.300 Applicability. | EPA | The regulations in this subpart apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as § 264.1 provides otherwise. | ||||
| 40:40:28.0.1.1.5.14.1.10 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.312 Special requirements for ignitable or reactive waste. | EPA | [47 FR 32365, July 26, 1982, as amended at 55 FR 22685, June 1, 1990] | (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 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 chapter; and (2) Section 264.17(b) is complied with. (b) Except for prohibited wastes which remain subject to treatment standards in subpart D of part 268, ignitable wastes in containers may be landfilled without meeting the requirements of paragraph (a) of this section, provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes must be disposed of in non-leaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; must be covered daily with soil or other non-combustible material to minimize the potential for ignition of the wastes; and must not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste. | |||
| 40:40:28.0.1.1.5.14.1.11 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.313 Special requirements for incompatible wastes. | EPA | Incompatible wastes, or incompatible wastes and materials, (see appendix V of this part for examples) must not be placed in the same landfill cell, unless § 264.17(b) is complied with. | ||||
| 40:40:28.0.1.1.5.14.1.12 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.314 Special requirements for bulk and containerized liquids. | EPA | [47 FR 32365, July 26, 1982, as amended at 50 FR 18374, Apr. 30, 1985; 50 FR 28748, July 15, 1985; 57 FR 54460, Nov. 18, 1992; 58 FR 46050, Aug. 31, 1993; 60 FR 35705, July 11, 1995; 70 FR 34581, June 14, 2005; 71 FR 16906, Apr. 4, 2006; 71 FR 40273, July 14, 2006; 75 FR 13006, Mar. 18, 2010] | (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 chapter. (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 free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in paragraph (d)(1) of this section; materials that pass one of the tests in paragraph (d)(2) of this section; or materials that are determined by EPA to be nonbiodegradable through the 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 mol… | |||
| 40:40:28.0.1.1.5.14.1.13 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.315 Special requirements for containers. | EPA | 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. | ||||
| 40:40:28.0.1.1.5.14.1.14 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs). | EPA | [47 FR 32365, July 26, 1982, as amended at 55 FR 22685, June 1, 1990; 57 FR 54460, Nov. 18, 1992; 75 FR 13006, Mar. 18, 2010] | 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(d), to completely sorb all of the liquid contents of the inside containers. The metal outer container must be full after it has been packed 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 § 264.17(b). (d) Incompatible wastes, as defined in § 260.10 of this chapter, 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 chapter, 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 part 268. Persons who incinerate lab packs according to the requirements in 40 CFR 268.42(c)(… | |||
| 40:40:28.0.1.1.5.14.1.15 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.317 Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27. | EPA | [50 FR 2004, Jan. 14, 1985, as amended at 71 FR 40273, July 14, 2006] | (a) Hazardous Wastes FO20, FO21, FO22, FO23, FO26, and FO27 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 Regional Administrator 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 Regional Administrator may determine that additional design, operating, and monitoring requirements are necessary for landfills managing hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27 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. | |||
| 40:40:28.0.1.1.5.14.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.301 Design and operating requirements. | EPA | [47 FR 32365, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50 FR 28748, July 15, 1985; 55 FR 11875, Mar. 29, 1990; 57 FR 3489, Jan. 29, 1992; 71 FR 40273, July 14, 2006] | (a) Any landfill that is not covered by paragraph (c) of this section or § 265.301(a) of this chapter 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 Regional Administrator 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… | |||
| 40:40:28.0.1.1.5.14.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.302 Action leakage rate. | EPA | [57 FR 3490, Jan. 29, 1992, as amended at 71 FR 40273, July 14, 2006] | (a) The Regional Administrator 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 Regional Administrator 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). | |||
| 40:40:28.0.1.1.5.14.1.4 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.303 Monitoring and inspection. | EPA | [47 FR 32365, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 57 FR 3490, Jan. 29, 1992] | (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 ret… | |||
| 40:40:28.0.1.1.5.14.1.5 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.304 Response actions. | EPA | [57 FR 3491, Jan. 29, 1992, as amended at 71 FR 40273, July 14, 2006] | (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 Regional Administrator in writing of the exceedance within 7 days of the determination; (2) Submit a preliminary written assessment to the Regional Administrator 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 Regional Administrator 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 Regional Administrator 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 … | |||
| 40:40:28.0.1.1.5.14.1.6 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | §§ 264.305-264.308 [Reserved] | EPA | |||||
| 40:40:28.0.1.1.5.14.1.7 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.309 Surveying and recordkeeping. | EPA | [47 FR 32365, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985] | 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. | |||
| 40:40:28.0.1.1.5.14.1.8 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.310 Closure and post-closure care. | EPA | [47 FR 32365, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 57 FR 3491, Jan. 29, 1992] | (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 subpart F of this part; (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. | |||
| 40:40:28.0.1.1.5.14.1.9 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | N | Subpart N—Landfills | § 264.311 [Reserved] | EPA | |||||
| 40:40:28.0.1.1.5.15.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | O | Subpart O—Incinerators | § 264.340 Applicability. | EPA | [46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 50 FR 665, Jan. 4, 1985; 50 FR 49203, Nov. 29, 1985; 56 FR 7207, Feb. 21, 1991; 64 FR 53074, Sept. 30, 1999; 66 FR 35106, July 3, 2001; 67 FR 6815, Feb. 13, 2002; 70 FR 59575, Oct. 12, 2005; 73 FR 18983, Apr. 8, 2008] | (a) The regulations of this subpart apply to owners and operators of hazardous waste incinerators (as defined in § 260.10 of this chapter), 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 section, the standards of this part 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 part 63, subpart EEE, of this chapter by conducting a comprehensive performance test and submitting to the Administrator a Notification of Compliance under §§ 63.1207(j) and 63.1210(d) of this chapter documenting compliance with the requirements of part 63, subpart EEE, of this chapter. Nevertheless, even after this demonstration of compliance with the MACT standards, RCRA permit conditions that were based on the standards of this part will continue to be in effect until they are removed from the permit or the permit is terminated or revoked, unless the permit expressly provides otherwise. (2) The MACT standards do not replace the closure requirements of § 264.351 or the applicable requirements of subparts A through H, BB and CC of this part. (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 under §§ 63.1206(b)(14) and 63.1219(e) of this chapter. (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 chapter 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 oper… | |||
| 40:40:28.0.1.1.5.15.1.10 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | O | Subpart O—Incinerators | § 264.351 Closure. | EPA | [46 FR 7678, Jan. 23, 1981] | 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 chapter, 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 parts 262 through 266 of this chapter.] [ Comment: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with § 261.3(d) of this chapter, that the residue removed from 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 parts 262 through 266 of this chapter.] | |||
| 40:40:28.0.1.1.5.15.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | O | Subpart O—Incinerators | § 264.341 Waste analysis. | EPA | [46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 1985] | (a) As a portion of the trial burn plan required by § 270.62 of this chapter, 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 chapter. Owners or operators of new hazardous waste incinerators must provide the information required by § 270.62(c) or § 270.19 of this chapter 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)). | |||
| 40:40:28.0.1.1.5.15.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | O | Subpart O—Incinerators | § 264.342 Principal organic hazardous constituents (POHCs). | EPA | [46 FR 7678, Jan. 23, 1981, as amended at 48 FR 14295, Apr. 1, 1983] | (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 part 261, appendix VIII of this chapter, 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 chapter for obtaining trial burn permits. | |||
| 40:40:28.0.1.1.5.15.1.4 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | O | Subpart O—Incinerators | § 264.343 Performance standards. | EPA | [46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 50 FR 2005, Jan. 14, 1985; 71 FR 16906, Apr. 4, 2006] | 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 is determined for each POHC from the following equation: where: W in = mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the incinerator and W out = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere. where: W in = mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the incinerator and W out = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere. (2) An incinerator burning hazardous wastes FO20, FO21, FO22, FO23, FO26, or FO27 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 mete… | |||
| 40:40:28.0.1.1.5.15.1.5 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | O | Subpart O—Incinerators | § 264.344 Hazardous waste incinerator permits. | EPA | [46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 71 FR 40273, July 14, 2006] | (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 chapter; 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 chapter. (c) The permit for a new hazardous waste incinerator must establish appropriate conditions for each of the applicable requirements of this subpart, 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 Regional Administrator's engineering judgment. The Regional Administrator 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 tr… | |||
| 40:40:28.0.1.1.5.15.1.6 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | O | Subpart O—Incinerators | § 264.345 Operating requirements. | EPA | [46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 50 FR 4514, Jan. 31, 1985] | (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 f… | |||
| 40:40:28.0.1.1.5.15.1.7 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | O | Subpart O—Incinerators | § 264.346 [Reserved] | EPA | |||||
| 40:40:28.0.1.1.5.15.1.8 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | O | Subpart O—Incinerators | § 264.347 Monitoring and inspections. | EPA | [46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27533, June 24, 1982; 50 FR 4514, Jan. 31, 1985; 71 FR 16907, Apr. 4, 2006] | (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 Regional Administrator, 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 Regional Administrator 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 record required by § 264.73 of this part and maintained in the operating record for five years. | |||
| 40:40:28.0.1.1.5.15.1.9 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | O | Subpart O—Incinerators | §§ 264.348-264.350 [Reserved] | EPA | |||||
| 40:40:28.0.1.1.5.17.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | S | Subpart S—Special Provisions for Cleanup | § 264.550 Applicability of Corrective Action Management Unit (CAMU) regulations. | EPA | [67 FR 3024, Jan. 22, 2002] | (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 Agency 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. | |||
| 40:40:28.0.1.1.5.17.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | S | Subpart S—Special Provisions for Cleanup | § 264.551 Grandfathered Corrective Action Management Units (CAMUs). | EPA | [58 FR 8683, Feb. 16, 1993, as amended at 63 FR 65939, Nov. 30, 1998. Redesignated and amended at 67 FR 3025, Jan. 22, 2002] | (a) To implement remedies under § 264.101 or RCRA Section 3008(h), or to implement remedies at a permitted facility that is not subject to § 264.101, the Regional Administrator 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 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 Regional Administrator 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; and (ii) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions for the facility. (2) The subpart F, G, and H requirements and the unit-specific requirements of part 264 or 265 that applied to that regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU. (c) The Regional Administrator shall designate a CAMU 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 fac… | |||
| 40:40:28.0.1.1.5.17.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | S | Subpart S—Special Provisions for Cleanup | § 264.552 Corrective Action Management Units (CAMU). | EPA | [67 FR 3025, Jan. 22, 2002, as amended at 71 FR 40273, July 14, 2006; 75 FR 13006, Mar. 18, 2010] | (a) To implement remedies under § 264.101 or RCRA Section 3008(h), or to implement remedies at a permitted facility that is not subject to § 264.101, the Regional Administrator 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 non-hazardous) 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 non-land-based units as part of cleanup, or the containers or tanks are excavated during the course of cleanup; or (B) The Regional Administrator exercises the discretion in paragraph (a)(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 non-hazardous waste may be placed in a CAMU where such waste is being used to facilitate treatment or the performance of the CAMU. (2) The Regional Administrator may prohibit, where appropriate, the placement of waste in a CAMU where the Regional Administrator has or receives information that such wastes have not been managed in… | |||
| 40:40:28.0.1.1.5.17.1.4 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | S | Subpart S—Special Provisions for Cleanup | § 264.553 Temporary Units (TU). | EPA | [58 FR 8683, Feb. 16, 1993, as amended at 63 FR 65939, Nov. 30, 1998; 71 FR 40273, July 14, 2006] | (a) For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under § 264.101 or RCRA 3008(h), or at a permitted facility that is not subject to § 264.101, the Regional Administrator 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 Regional Administrator may replace the design, operating, or closure standard applicable to these units under this part 264 or part 265 of this chapter 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 section 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 Regional Administrator shall consider the following factors: (1) Length of time such unit will be in operation; (2) Type of unit; (3) Volumes of wastes 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 Regional Administrator 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 Regional Administrator shall also specify the design, operating, and closure requirements for the unit. (e) The Regional Administrator may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specifi… | |||
| 40:40:28.0.1.1.5.17.1.5 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | S | Subpart S—Special Provisions for Cleanup | § 264.554 Staging piles. | EPA | [63 FR 65939, Nov. 30, 1998, as amended at 67 FR 3028, Jan. 22, 2002; 71 FR 16907, Apr. 4, 2006; 71 FR 40273, July 14, 2006] | This section 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 “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 chapter) 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 chapter). 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 a qualified Professional Engineer for technical data, such as design drawings and specifications, a… | |||
| 40:40:28.0.1.1.5.17.1.6 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | S | Subpart S—Special Provisions for Cleanup | § 264.555 Disposal of CAMU-eligible wastes in permitted hazardous waste landfills. | EPA | [67 FR 3028, Jan. 22, 2002, as amended at 71 FR 40274, July 14, 2006] | (a) The Regional Administrator with regulatory oversight at the location where the cleanup is taking place 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 RCRA 40 CFR part 268, 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 Regional Administrator with regulatory oversight at the location where the cleanup is taking place 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 Subpart N of this part, 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 Regional Administrator with regulatory oversight at the location where the cleanup is taking place to approve placement of CAMU-eligible waste in accordance with paragraph (a) of this section. Information required by § 264.552(d)(1) through (3) for CAMU applications must be provided, unless not reasonably available. (c) The Regional Administ… | |||
| 40:40:28.0.1.1.5.19.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | W | Subpart W—Drip Pads | § 264.570 Applicability. | EPA | [56 FR 30196, July 1, 1991, as amended at 57 FR 61502, Dec. 24, 1992] | (a) The requirements of this subpart apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before December 6, 1990 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement at § 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 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 § 264.573(e) or § 264.573(f), as appropriate. (c) The requirements of this subpart are not applicable to the management of infrequent and incidental drippage in storage yards provided that: (1) The owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan must describe how the owner or operator will do the following: (i) Clean up the drippage; (ii) Document the cleanup of the drippage; (iii) Retain documents regarding cleanup for three years; and (iv) Manage the contaminated media in a manner consistent with Federal regulations. | |||
| 40:40:28.0.1.1.5.19.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | W | Subpart W—Drip Pads | § 264.571 Assessment of existing drip pad integrity. | EPA | [56 FR 30196, July 1, 1991, as amended at 57 FR 61503, Dec. 24, 1992; 71 FR 16907, Apr. 4, 2006] | (a) For each existing drip pad as defined in § 264.570 of this subpart, the owner or operator must evaluate the drip pad and determine whether it meets all of the requirements of this subpart, 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 a qualified Professional Engineer that attests to the results of the evaluation. The assessment must be reviewed, updated and re-certified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all the standards of § 264.573 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) The owner or operator must develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of § 264.573(b) and submit the plan to the Regional Administrator no later than 2 years before the date that all repairs, upgrades, and modifications are complete. This written plan must describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of § 264.573. The plan must be reviewed and certified by a qualified Professional Engineer. (c) Upon completion of all upgrades, repairs, and modifications, the owner or operator must submit to the Regional Administrator or state Director, the as-built drawings for the drip pad together with a certification by a qualified Professional Engineer attesting that the drip pad conforms to the drawings. (d) If the drip pad is found to be leaking or unfit for use, the owner or operator must comply with the provisions of § 264.573 (m) of this subpart or close the drip pad in accordance with § 264.575 of this subpart. | |||
| 40:40:28.0.1.1.5.19.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | W | Subpart W—Drip Pads | § 264.572 Design and installation of new drip pads. | EPA | [57 FR 61503, Dec. 24, 1992] | 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 requirements of §§ 264.573 (except 264.573(a)(4)), 264.574 and 264.575 of this subpart, or (b) all of the requirements of §§ 264.573 (except § 264.573(b)), 264.574 and 264.575 of this subpart. | |||
| 40:40:28.0.1.1.5.19.1.4 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | W | Subpart W—Drip Pads | § 264.573 Design and operating requirements. | EPA | [56 FR 30196, July 1, 1991, as amended at 57 FR 5861, Feb. 18, 1992; 57 FR 61503, Dec. 24, 1992; 71 FR 16907, Apr. 4, 2006; 71 FR 40274, July 14, 2006] | (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 1 × 10− 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 1 × 10− 7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system. This surface material must be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the material must be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with § 264.572(b) instead of § 264.572(a). (ii) The owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified Professional Engineer that attests to the results of the evaluation. The assessment must be reviewed, updated and recertified annually. The evaluation must document the extent to which the drip pad meets the design and operating standards of this section, except for paragraph (b) of this section. (5) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc. [ Note: EPA will generally consider applicable standards established by professional organizations generally recognized b… | |||
| 40:40:28.0.1.1.5.19.1.5 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | W | Subpart W—Drip Pads | § 264.574 Inspections. | EPA | [56 FR 30196, July 1, 1991, as amended at 71 FR 16907, Apr. 4, 2006] | (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 in § 264.573 of this subpart by a qualified Professional Engineer. This certification must be maintained at the facility as part of the facility operating record. After installation, liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters. (b) While a drip pad is in operation, it must be inspected weekly and after storms to detect evidence of any of the following: (1) Deterioration, malfunctions or improper operation of run-on and 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. See § 264.573(m) for remedial action required if deterioration or leakage is detected. | |||
| 40:40:28.0.1.1.5.19.1.6 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | W | Subpart W—Drip Pads | § 264.575 Closure. | EPA | (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 subparts G and H of this part. (c)(1) The owner or operator of an existing drip pad, as defined in § 264.570 of this subpart, 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 no… | ||||
| 40:40:28.0.1.1.5.2.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | B | Subpart B—General Facility Standards | § 264.10 Applicability. | EPA | [46 FR 2848, Jan. 12, 1981, as amended at 52 FR 46963, Dec. 10, 1987] | (a) The regulations in this subpart 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 subparts I through O and subpart X of this part. | |||
| 40:40:28.0.1.1.5.2.1.10 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | B | Subpart B—General Facility Standards | § 264.19 Construction quality assurance program. | EPA | [57 FR 3486, Jan. 29, 1992] | (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 a 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 in… | |||
| 40:40:28.0.1.1.5.2.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | B | Subpart B—General Facility Standards | § 264.11 Identification number. | EPA | [45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985] | Every facility owner or operator must apply to EPA for an EPA identification number in accordance with the EPA notification procedures (45 FR 12746). | |||
| 40:40:28.0.1.1.5.2.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | B | Subpart B—General Facility Standards | § 264.12 Required notices. | EPA | [45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996; 75 FR 1260, Jan. 8, 2010; 81 FR 85725, Nov. 28, 2016; 86 FR 54385, Oct. 1, 2021; 89 FR 60730, July 26, 2024] | (a) The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H from a foreign source must submit the following required notices: (1) As per 40 CFR 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 40 CFR 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 40 CFR 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 and 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. For shipments received on or after the electronic import-export reporting compliance date, the receiving facility must close out the movement document to confirm receipt within three working days of shipment delivery using the EPA's Waste Import Export Tracking System (WIETS), or its successor system. For shipments sent from a country with which the EPA has established an electronic exchange of movement document tracking data, the receiving facility may use WIETS or its successor system to send movement document confirmation data back through the electronic exchange to the foreign exporter and the country of export. The original of the signed movement document must b… | |||
| 40:40:28.0.1.1.5.2.1.4 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | B | Subpart B—General Facility Standards | § 264.13 General waste analysis. | EPA | [45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 50 FR 4514, Jan. 31, 1985; 51 FR 40637, Nov. 7, 1986; 53 FR 31211, Aug. 17, 1988; 54 FR 33394, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR 25494, June 21, 1990; 57 FR 8088, Mar. 6, 1992; 57 FR 54460, Nov. 18, 1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996; 71 FR 40272, July 14, 2006] | (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 part and part 268 of this chapter. (2) The analysis may include data developed under part 261 of this chapter, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes. [ 1: For example, the facility's records of analyses performed on the waste before the effective date of these regulations, 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 40 CFR 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.] [ 1: For example, the facility's records of analyses performed on the waste before the effective date of these regulations, 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 40 CFR 268.7 (b) and (c). If the generator does… | |||
| 40:40:28.0.1.1.5.2.1.5 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | B | Subpart B—General Facility Standards | § 264.14 Security. | EPA | [45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985] | (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 Regional Administrator 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 part. [ Comment: Part 270 of this chapter 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.] [ Comment: Part 270 of this chapter 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 paragra… | |||
| 40:40:28.0.1.1.5.2.1.6 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | B | Subpart B—General Facility Standards | § 264.15 General inspection requirements. | EPA | [45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 57 FR 3486, Jan. 29, 1992; 59 FR 62926, Dec. 6, 1994; 62 FR 64656, Dec. 8, 1997; 71 FR 16903, Apr. 4, 2006; 81 FR 85826, Nov. 28, 2016; 88 FR 54112, Aug. 9, 2023] | (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, 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 §§ 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, where applicable. Part 270 of this chapter requires the inspection schedule to be submitted with part B of the permit application. EPA 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, EPA may modify or amend the schedule as may be necessary. (c) The owner or operator must r… | |||
| 40:40:28.0.1.1.5.2.1.7 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | B | Subpart B—General Facility Standards | § 264.16 Personnel training. | EPA | [45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985; 71 FR 16903, Apr. 4, 2006] | (a)(1) Facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this part. The owner or operator must ensure that this program includes all the elements described in the document required under paragraph (d)(3) of this section. [ Comment: Part 270 of this chapter 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.] [ Comment: Part 270 of this chapter 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 that receive emergency response training pursuant to Occupational Safety and Health Administration (OSHA) regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the … | |||
| 40:40:28.0.1.1.5.2.1.8 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | B | Subpart B—General Facility Standards | § 264.17 General requirements for ignitable, reactive, or incompatible wastes. | EPA | [46 FR 2848, Jan. 12, 1981, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 40272, July 14, 2006] | (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 part, 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. | |||
| 40:40:28.0.1.1.5.2.1.9 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | B | Subpart B—General Facility Standards | § 264.18 Location standards. | EPA | [46 FR 2848, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48 FR 14294, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31, 1985; 50 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, 1987; 71 FR 40272, July 14, 2006] | (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) of this section: (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 part, are assumed to be in compliance with this requirement.] [ 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 part, 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 or any hazardous waste by a 100-year flood, unless the owner or operator can demonstrate to the Regional Administrator'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 … | |||
| 40:40:28.0.1.1.5.20.1.1 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | X | Subpart X—Miscellaneous Units | § 264.600 Applicability. | EPA | [52 FR 46964, Dec. 10, 1987, as amended at 71 FR 40274, July 14, 2006] | The requirements in this subpart apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as § 264.1 provide otherwise. | |||
| 40:40:28.0.1.1.5.20.1.2 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | X | Subpart X—Miscellaneous Units | § 264.601 Environmental performance standards. | EPA | [59 FR 62927, Dec. 6, 1994, as amended at 64 FR 53074, Sept. 30, 1999; 71 FR 40274, July 14, 2006] | 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 or hazardous constituents from the unit. Permit terms and provisions must include those requirements of subparts I through O and subparts AA through CC of this part, part 270, part 63 subpart EEE, and part 146 of this chapter 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) Pre… | |||
| 40:40:28.0.1.1.5.20.1.3 | 40 | Protection of Environment | I | I | 264 | PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES | X | Subpart X—Miscellaneous Units | § 264.602 Monitoring, analysis, inspection, response, reporting, and corrective action. | EPA | 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. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);