[Title 40 CFR I]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter I - SOLID WASTES]
[From the U.S. Government Publishing Office]
40
PROTECTION OF ENVIRONMENT
12
1996-07-01
1996-07-01
false
SOLID WASTES
I
SUBCHAPTER I
PROTECTION OF ENVIRONMENT
ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
SUBCHAPTER I--SOLID WASTES
PART 240--GUIDELINES FOR THE THERMAL PROCESSING OF SOLID WASTES--Table of Contents
Subpart A--General Provisions
Sec.
240.100 Scope.
240.101 Definitions.
Subpart B--Requirements and Recommended Procedures
240.200 Solid wastes accepted.
240.200-1 Requirement.
240.200-2 Recommended procedures: Design.
240.200-3 Recommended procedures: Operations.
240.201 Solid wastes excluded.
240.201-1 Requirement.
240.201-2 Recommended procedures: Design.
240.201-3 Recommended procedures: Operations.
240.202 Site selection.
240.202-1 Requirement.
240.202-2 Recommended procedures: Design.
240.202-3 Recommended procedures: Operations.
240.203 General design.
240.203-1 Requirement.
240.203-2 Recommended procedures: Design.
240.203-3 Recommended procedures: Operations.
240.204 Water quality.
240.204-1 Requirement.
240.204-2 Recommended procedures: Design.
240.204-3 Recommended procedures: Operations.
240.205 Air quality.
240.205-1 Requirement.
240.205-2 Recommended procedures: Design.
240.205-3 Recommended procedures: Operations.
240.206 Vectors.
240.206-1 Requirement.
240.206-2 Recommended procedures: Design.
240.206-3 Recommended procedures: Operations.
240.207 Aesthetics.
240.207-1 Requirement.
240.207-2 Recommended procedures: Design.
240.207-3 Recommended procedures: Operations.
240.208 Residue.
240.208-1 Requirement.
240.208-2 Recommended procedures: Design.
240.208-3 Recommended procedures: Operations.
240.209 Safety.
240.209-1 Requirement.
240.209-2 Recommended procedures: Design.
240.209-3 Recommended procedures: Operations.
240.210 General operations.
240.210-1 Requirement.
240.210-2 Recommended procedures: Design.
240.210-3 Recommended procedures: Operations.
240.211 Records.
240.211-1 Requirement.
240.211-2 Recommended procedures: Design.
240.211-3 Recommended procedures: Operations.
Appendix to Part 240--Recommended Bibliography
Authority: Sec. 209(a), Solid Waste Disposal Act of 1965 (Pub. L.
89-272); as amended by the Resource Recovery Act of 1970 (Pub. L. 91-
512).
Source: 39 FR 29329, Aug. 14, 1974, unless otherwise noted.
Subpart A--General Provisions
Sec. 240.100 Scope.
(a) The prescribed guidelines are applicable to thermal processing
facilities designed to process or which are processing 50 tons or more
per day of municipal-type solid wastes. The application of this capacity
criterion will be interpreted to mean any facility designed to process
or actually processing 50/24 tons or more per hour. However, the
guidelines do not apply to hazardous, agricultural, and mining wastes
because of the lack of sufficient information upon which to base
recommended procedures.
(b) The requirement sections contained herein delineate minimum
levels of performance required of any solid waste thermal processing
operation. The recommended procedures sections are presented to suggest
preferred methods by which the objectives of the requirements can be
realized. The recommended procedures are based on the practice of
incineration at large facilities (50 tons per day or more) processing
municipal solid waste. If techniques other than the recommended
procedures are used or wastes other than municipal wastes are processed,
it is the obligation of the facility's owner and operator to demonstrate
to the responsible agency in advance by means of engineering
calculations, pilot plant
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data, etc., that the techniques employed will satisfy the requirements.
(c) Thermal processing residue must be disposed of in an
environmentally acceptable manner. Where a land disposal facility is
employed, it must be in accordance with the Environmental Protection
Agency's Guidelines for the Land Disposal of Solid Wastes for both
residues from the thermal processing operation and those non-hazardous
wastes which cannot be thermally processed for reasons of health,
safety, or technological limitation.
(d) Pursuant to section 211 of the Solid Waste Disposal Act, as
amended, these guidelines are mandatory for Federal agencies. In
addition, they are recommended to State, interstate, regional, and local
government agencies for use in their activities.
(e) The guidelines are intended to apply equally to all solid waste
generated by Federal agencies, regardless of whether processed or
disposed of on or off Federal property; and solid waste generated by
non-Federal entities, but processed or disposed of on Federal property.
However, in the case of many Federal facilities such as Post Offices,
military recruiting stations, and other offices, local community solid
waste processing and disposal facilities are utilized, and processing
and disposal is not within the management control of the Federal agency.
Thus, implementation of the guidelines can be expected only in those
situations where the Federal agency is able to exercise direct
management control over the processing and disposal operations. However,
every effort must be made by the responsible agency, where offsite
facilities are utilized, to attain processing and disposal facilities
that are in compliance with the guidelines. Where non-Federal generated
solid waste is processed and disposed of on Federal land and/or
facilities, those facilities and/or sites must be in compliance with
these guidelines. Determination of compliance to meet the requirements
of the guidelines rests with the responsible agency, and they have the
authority to determine how such compliance may occur.
Sec. 240.101 Definitions.
As used in these guidelines:
(a) Air: Overfire air means air, under control as to quantity and
direction, introduced above or beyond a fuel bed by induced or forced
draft. ``Underfire air'' means any forced or induced air, under control
as to quantity and direction, that is supplied from beneath and which
passes through the solid wastes fuel bed.
(b) Bottom ash means the solid material that remains on a hearth or
falls off the grate after thermal processing is complete.
(c) Combustibles means materials that can be ignited at a specific
temperature in the presence of air to release heat energy.
(d) Design capacity means the weight of solid waste of a specified
gross calorific value that a thermal processing facility is designed to
process in 24 hours of continuous operation; usually expressed in tons
per day.
(e) Discharge means water-borne pollutants released to a receiving
stream directly or indirectly or to a sewerage system.
(f) Emission means gas-borne pollutants released to the atmosphere.
(g) Facility means all thermal processing equipment, buildings, and
grounds at a specific site.
(h) Fly ash means suspended particles, charred paper, dust, soot,
and other partially oxidized matter carried in the products of
combustion.
(i) Free moisture means liquid that will drain freely by gravity
from solid materials.
(j) Furnace means the chambers of the combustion train where drying,
ignition, and combustion of waste material and evolved gases occur.
(k) Grate siftings means the materials that fall from the solid
waste fuel bed through the grate openings.
(l) Gross calorific value means heat liberated when waste is burned
completely and the products of combustion are cooled to the initial
temperature of the waste. Usually expressed in British thermal units per
pound.
(m) Hazardous waste means any waste or combination of wastes which
pose a substantial present or potential hazard to human health or living
organisms because such wastes are nondegradable or persistent in nature
or because they
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can be biologically magnified, or because they can be lethal, or because
they may otherwise cause or tend to cause detrimental cumulative
effects.
(n) Incineration means the controlled process which combustible
solid, liquid, or gaseous wastes are burned and changed into
noncombustible gases.
(o) Incinerator means a facility consisting of one or more furnaces
in which wastes are burned.
(p) Infectious waste means: (1) Equipment, instruments, utensils,
and fomites of a disposable nature from the rooms of patients who are
suspected to have or have been diagnosed as having a communicable
disease and must, therefore, be isolated as required by public health
agencies; (2) laboratory wastes such as pathological specimens (e.g.,
all tissues, specimens of blood elements, excreta, and secretions
obtained from patients or laboratory animals) and disposable fomites
(any substance that may harbor or transmit pathogenic organisms)
attendant thereto; (3) surgical operating room pathologic specimens and
disposable fomites attendant thereto and similar disposable materials
from outpatient areas and emergency rooms.
(q) Municipal solid wastes means normally, residential and
commercial solid wastes generated within a community.
(r) Open burning means burning of solid wastes in the open, such as
in an open dump.
(s) Open dump means a land disposal site at which solid wastes are
disposed of in a manner that does not protect the environment, are
susceptible to open burning, and are exposed to the elements, vectors,
and scavengers.
(t) Plans means reports and drawings, including a narrative
operating description, prepared to describe the facility and its
proposed operation.
(u) Residue means all the solids that remain after completion of
thermal processing, including bottom ash, fly ash, and grate siftings.
(v) Responsible agency means the organizational element that has the
legal duty to ensure that owners, operators, or users of facilities
comply with these guidelines.
(w) Sanitary landfill means a land disposal site employing an
engineered method of disposing of solid wastes on land in a manner that
minimizes environmental hazards by spreading the solid wastes in thin
layers, compacting the solid wastes to the smallest practical volume,
and applying and compacting cover material at the end of each operating
day.
(x) Sludge means the accumulated semiliquid suspension of settled
solids deposited from wastewaters or other fluids in tanks or basins. It
does not include solids or dissolved material in domestic sewage or
other significant pollutants in water resources, such as silt, dissolved
or suspended solids in industrial wastewater effluents, dissolved
materials in irrigation return flows or other common water pollutants.
(y) Solid wastes means garbage, refuse, sludges, and other discarded
solid materials resulting from industrial and commercial operations and
from community activities. It does not include solids or dissolved
material in domestic sewage or other significant pollutants in water
resources, such as silt, dissolved or suspended solids in industrial
wastewater effluents, dissolved materials in irrigation return flows or
other common water pollutants.
(z) Special wastes means nonhazardous solid wastes requiring
handling other than that normally used for municipal solid waste.
(aa) Thermal processing means processing of waste material by means
of heat.
(bb) Vector means a carrier, usually an arthropod, that is capable
of transmitting a pathogen from one organism to another.
Subpart B--Requirements and Recommended Procedures
Sec. 240.200 Solid wastes accepted.
Sec. 240.200-1 Requirement.
In consultation with the responsible agencies, the owner/operator
shall determine what wastes shall be accepted and shall identify any
special handling required. In general, only wastes for which the
facility has been specifically designed shall be accepted; however,
other wastes may be accepted if it has been demonstrated to the
responsible agency that they can be satisfactorily
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processed within the design capability of the facility or after
appropriate facility modifications.
Sec. 240.200-2 Recommended procedures: Design.
(a) In addition to the residential and commercial wastes normally
processed at municipal-scale incinerators, certain special wastes might
be considered for processing. These include: Certain bulky wastes (e.g.,
combustible demolition and construction debris, tree stumps, large
timbers, furniture, and major appliances), digested and dewatered
sludges from waste water treatment facilities, raw sewage sludges, and
septic tank pumpings.
(b) If the facility is designed to handle special wastes, special
areas should be provided where appropriate for storage while they await
processing.
Sec. 240.200-3 Recommended procedures: Operations.
(a) Storage areas for special wastes should be clearly marked.
(b) Facility personnel should be thoroughly trained in any unusual
handling required by acceptance of Special Wastes.
Sec. 240.201 Solid wastes excluded.
Sec. 240.201-1 Requirement.
Using information provided to them by the waste generator/owner, the
responsible agency and the facility owner/operator shall jointly
determine specific wastes to be excluded and shall identify them in the
plans. The generator/owner of excluded wastes shall consult with the
responsible agency in determining an alternative method of disposal for
excluded wastes. The criteria used in considering whether a waste is
unacceptable shall include the facility's capabilities, alternative
methods available, the chemical and biological characteristics of the
waste, environmental and health effects, and the safety of personnel.
Disposal of pesticides and pesticide containers shall be consistent with
the Federal Environmental Pesticides Control Act of 1972 (Pub. L. 92-
516) and recommended procedures promulgated thereunder.
Sec. 240.201-2 Recommended procedures: Design.
(a) Provision for storing, handling, and removing hazardous or
excluded wastes inadvertently left at the facility should be considered
in design.
(b) Examples of wastes which should be considered for exclusion from
the facility include: Hazardous wastes, very large carcasses, automobile
bodies, dewatered sludges from water treatment plants, and industrial
process wastes.
Sec. 240.201-3 Recommended procedures: Operations.
(a) Regular users of the facility should be given a list of excluded
materials. The list should also be displayed prominently at the facility
entrance. If a regular user persists in making unacceptable deliveries,
he should be barred from the installation and reported to the
responsible agency.
(b) The operating plan should specify the procedures and precautions
to be taken if unacceptable wastes are delivered to the facility or are
improperly left there. Operating personnel should be thoroughly trained
in such procedures.
Sec. 240.202 Site selection.
Sec. 240.202-1 Requirement.
Site selection and utilization shall be consistent with public
health and welfare, and air and water quality standards and adaptable to
appropriate land-use plans.
Sec. 240.202-2 Recommended procedures: Design.
(a) Whenever possible, thermal processing facilities should be
located in areas zoned for industrial use and having adequate utilities
to serve the facility.
(b) The site should be accessible by permanent roads leading from
the public road system.
(c) Environmental factors, climatological conditions, and
socioeconomic factors should be given full consideration as selection
criteria.
Sec. 240.202-3 Recommended procedures: Operations.
Not applicable.
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Sec. 240.203 General design.
Sec. 240.203-1 Requirement.
A plan for the design of new facilities or modifications to existing
facilities shall be prepared or approved by a professional engineer. A
list of major considerations and the rationale for the decision on each
consideration shall be approved by the responsible agency prior to
authorization for construction. This information shall remain available
for review.
Sec. 240.203-2 Recommended procedures: Design.
(a) The types, amounts (by weight and volume), and characteristics
of all solid wastes expected to be processed should be determined by
survey and analysis. The gross calorific value of the solid wastes to be
processed should be determined to serve as a basis for design.
(b) Resource recovery in the form of heat utilization or direct
recovery of materials should be considered in the design.
(c) The facility should be designed to be compatible with the
surrounding area, easy to maintain, and consistent with the land use of
the area.
(d) Employee convenience facilities and plant maintenance facilities
should be provided. Adequate lighting should be provided throughout the
facility.
(e) The corrosive and erosive action of once-through and
recirculated process waters should be controlled either by treating them
or by using materials capable of withstanding the adverse effects of the
waters.
(f) Facility design capacity should consider such items as waste
quantity and characteristics, variations in waste generation, equipment
downtime, and availability of alternate storage, processing, or disposal
capability.
(g) Facility systems and subsystems should be designed to assure
standby capability in the event of breakdown. Provision for standby
water and power should also be considered.
(h) Instrumentation should be provided to determine such factors as:
The weight of incoming and outgoing materials (the same scale system may
be used for both); total combustion airflow rates; underfire and
overfire airflows and the quantitative distribution of each; selected
temperatures and pressures in the furnace, along gas passages, in the
particulate collection device, and in the stack; electrical power and
water consumption of critical units; and rate of operation. The smoke
density, the concentration of carbon monoxide, or the concentration of
hydrocarbons in the stack gases should be monitored. Measurement of the
pH should be considered for effluent waters. Continuously recording
instrumentation should be used as much as possible.
(i) Audible signals should be provided to alert operating personnel
of critical operating unit malfunctions.
(j) Sampling capability should be designed into the facility so that
each process stream can be sampled, and the utilities required to do so
should be close at hand. The sampling sites should be so designed that
personnel can sample safely without interfering with normal plant
operations.
(k) A laboratory should be included in the design, or provision
should be made for laboratory analyses to be performed by an outside
source acceptable to the responsible agency.
Sec. 240.203-3 Recommended procedures: Operations.
Not applicable.
Sec. 240.204 Water quality.
Sec. 240.204-1 Requirement.
All waters discharged from the facility shall be sufficiently
treated to meet the most stringent of applicable water quality
standards, established in accordance with or effective under the
provisions of the Federal Water Pollution Control Act, as amended.
Sec. 240.204-2 Recommended procedures: Design.
(a) Effluent waters should not be discharged indiscriminately.
Consideration should be given to onsite treatment of process and waste
waters before discharge.
(b) Recirculation of process waters should be considered.
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Sec. 240.204-3 Recommended procedures: Operations.
(a) When monitoring instrumentation indicates excessive discharge
contamination, appropriate adjustments should be made to lower the
concentrations to acceptable levels.
(b) In the event of an accidental spill, the local regulatory agency
should be notified immediately.
Sec. 240.205 Air quality.
Sec. 240.205-1 Requirement.
Emissions shall not exceed applicable existing emission standards
established by the U.S. Environmental Protection Agency (as published in
parts 52, 60, 61 and 76 of this chapter) under the authority of the
Clean Air Act, as amended, or State or local emission standards
effective under that Act, if the latter are more stringent.
Sec. 240.205-2 Recommended procedures: Design.
(a) These requirements should be met by using appropriate air
pollution control technology.
(b) All emissions, including dust from vents, should be controlled.
Sec. 240.205-3 Recommended procedures: Operations.
When monitoring instrumentation indicates excessive emissions,
appropriate adjustments should be made to lower the emission to
acceptable levels.
Sec. 240.206 Vectors.
Sec. 240.206-1 Requirement.
Conditions shall be maintained that are unfavorable for the
harboring, feeding, and breeding of vectors.
Sec. 240.206-2 Recommended procedures: Design.
Thermal processing facilities should be designed for ease of
cleaning. Areas favorable for breeding of vectors should be avoided.
Sec. 240.206-3 Recommended procedures: Operations.
(a) A housekeeping schedule should be established and maintained. As
a minimum the schedule should provide for cleaning the tipping and
residue areas as spillages occur, emptying the solid waste storage area
at least weekly, and routinely cleaning the remainder of the facility.
(b) Solid waste and residue should not be allowed to accumulate at
the facility for more than one week.
Sec. 240.207 Aesthetics.
Sec. 240.207-1 Requirement.
The incinerator facility shall be designed and operated at all times
in an aesthetically acceptable manner.
Sec. 240.207-2 Recommended procedures: Design.
The facility should be designed so that it is physically attractive.
The tipping, residue discharge, and waste salvage areas should be
screened from public view, and the grounds should be landscaped.
Sec. 240.207-3 Recommended procedures: Operations.
(a) A routine housekeeping and litter removal schedule should be
established and implemented so that the facility regularly presents a
neat and clean appearance.
(b) Solid wastes that cannot be processed by the facility should be
removed from the facility at least weekly. Open burning or open dumping
of this material should be prohibited.
Sec. 240.208 Residue.
Sec. 240.208-1 Requirement.
Residue and other solid waste products resulting from a thermal
process shall be disposed of in an environmentally acceptable manner.
Where land disposal is employed, practices must be in conformance with
the U.S. Environmental Protection Agency's Guidelines for the Land
Disposal of Solid Wastes. Unwanted residue materials remaining after the
recovery operation shall be disposed of in a manner which protects the
environment. Where land disposal is employed, practices must be in
conformance with the U.S. Environmental Protection Agency's Guidelines
for the Land Disposal of Solid Wastes.
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Sec. 240.208-2 Recommended procedures: Design.
Thermal processing facilities should be so designed as to allow for
removal from the site of residue or other solids in a manner that
protects the environment.
Sec. 240.208-3 Recommended procedures: Operations.
(a) The furnace operator should visually observe the quality of the
bottom ash at least twice per shift and record in the operating log the
estimated percentage of unburned combustibles.
(b) If residue or fly ash is collected in a wet condition, it should
be drained of free moisture. Transportation of residue and fly ash
should be by means that prevent the loads from shifting, falling,
leaking, or blowing from the container.
Sec. 240.209 Safety.
Sec. 240.209-1 Requirement.
Incinerators shall be designed, operated, and maintained in a manner
to protect the health and safety of personnel associated with the
operation of the facility. Pertinent provisions of the Occupational
Safety and Health Act of 1970 (Pub. L. 91-596) and regulations
promulgated thereunder shall apply.
Sec. 240.209-2 Recommended procedures: Design.
(a) Attention should be given to the safety of operators and
vehicles through the provision of safety devices.
(b) Fire control equipment should be provided.
(c) Methods and/or equipment for removal of an injured person from
the storage pit should be available.
Sec. 240.209-3 Recommended procedures: Operations.
(a) Detailed procedures should be developed for operation during
such emergency situations as power failure, air or water supply failure,
equipment breakdowns, and fire. These procedures should be posted in
prominent locations, implemented by the staff as required, and upgraded
and revised periodically.
(b) Approved respirators or self-contained breathing apparatus
should be available at convenient locations. Their use should be
reviewed periodically with facility personnel. Information on this type
equipment can be obtained from the Appalachian Laboratory for
Occupational Respiratory Disease, National Institute for Occupational
Safety and Health, Morgantown, W. Va.
(c) Training in first aid practices and emergency procedures should
be given all personnel.
(d) Personal safety devices such as hard hats, gloves, safety
glasses, and footwear should be provided for facility employees.
(e) If a regular user or employee persistently poses a safety hazard
he should be barred from the facility and reported to the responsible
agency.
Sec. 240.210 General operations.
Sec. 240.210-1 Requirement.
The thermal processing facility shall be operated and maintained in
a manner that assures it will meet the design requirements. An
operations manual describing the various tasks to be performed,
operating procedures, and safety precautions for various areas of the
facility shall be developed and shall be readily available for reference
by plant personnel.
Sec. 240.210-2 Recommended procedures: Design.
Not applicable.
Sec. 240.210-3 Recommended procedures: Operations.
(a) The facility supervisor should be experienced in the operation
of the type of facility designed or, in the case of an innovated design,
be adequately trained by responsible personnel in the operation of the
facility.
(b) Alternate and standby disposal and operating procedures should
be established for implementation during emergencies, air pollution
episodes, and shutdown periods.
(c) Upon completion of facility construction, provision should be
made for instruction of the staff in proper operation and maintenance
procedures.
(d) A routine maintenance schedule should be established and
followed.
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(e) As-built engineering drawings of the facility should be provided
at the conclusion of construction of the facility. These should be
updated to show modifications by the owner as changes are made and
should be readily available. A schematic showing the relationships of
the various subsystems should also be available.
(f) Key operational procedures should be prominently posted.
(g) Equipment manuals, catalogs, spare parts lists, and spare parts
should be readily available at the facility.
(h) Training opportunities for facility operating personnel should
be provided.
Sec. 240.211 Records.
Sec. 240.211-1 Requirement.
The owner/operator of the thermal processing facility shall provide
records and monitoring data as required by the responsible agency.
Sec. 240.211-2 Recommended procedures: Design.
Continuously recording instrumentation should be used as much as
possible.
Sec. 240.211-3 Recommended procedures: Operations.
(a) Extensive monitoring and recordkeeping should be practiced
during the first 12 to 18 months of operation of a new or renovated
facility, during periods of high air pollution, and during periods of
upset conditions at the facility.
(b) During other periods of more normal operation of the facility,
less extensive monitoring and record keeping may be practiced if
approved by the responsible agency.
(c) Operating records should be kept in a daily log and should
include as a minimum:
(1) The total weight and volume (truck capacities may be used for
volume determination) of solid waste received during each shift,
including the number of loads received, the ownership or specific
identity of delivery vehicles, the source and nature of the solid wastes
accepted.
(2) Furnace and combustion chamber temperatures recorded at least
every 60 minutes and as changes are made, including explanations for
prolonged, abnormally high and low temperatures.
(3) Rate of operation, such as grate speed.
(4) Overfire and underfire air volumes and pressure and distribution
recorded at least every 60 minutes and as changes are made.
(5) Weights of bottom ash, grate siftings, and fly ash, individually
or combined, recorded at intervals appropriate to normal facility
operation.
(6) Estimated percentages of unburned material in the bottom ash.
(7) Water used on each shift for bottom ash quenching and scrubber
operation. Representative samples of process waters should be collected
and analyzed as recommended by the responsible agency.
(8) Power produced and utilized each shift. If steam is produced,
quality, production totals and consumption rates should be recorded.
(9) Auxiliary fuel used each shift.
(10) Gross calorific value of daily representative samples of bottom
ash, grate siftings, and fly ash. (Sampling time should be varied so
that all shifts are monitored on a weekly basis.)
(11) Emission measurements and laboratory analyses required by the
responsible agency.
(12) Complete records of monitoring instruments.
(13) Problems encountered and methods of solution.
(d) An annual report should be prepared which includes at least the
following information:
(1) Minimum, average, and maximum daily volume and weight of waste
received and processed, summarized on a monthly basis.
(2) A summary of the laboratory analyses including at least monthly
averages.
(3) Number and qualifications of personnel in each job category;
total manhours per week; number of State certified or licensed
personnel; staffing deficiencies; and serious injuries, their cause and
preventive measures instituted.
(4) An identification and brief discussion of major operational
problems and solutions.
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(5) Adequacy of operation and performance with regard to
environmental requirements, the general level of housekeeping and
maintenance, testing and reporting proficiency, and recommendations for
corrective actions.
(6) A copy of all significant correspondence, reports, inspection
reports, and any other communications from enforcement agencies.
(e) Methodology for evaluating the facility's performance should be
developed. Evaluation procedures recommended by the U.S. Environmental
Protection Agency should be used whenever possible (see bibliography).
Appendix to Part 240--Recommended Bibliography
1. The Solid Waste Disposal Act as amended; Title II of Pub. L. 89-
272, 89th Cong., S. 306, Oct. 20, 1965; Pub. L. 91-512, 91st Cong., H.R.
11833, Oct. 26, 1970. Washington, U.S. Government Printing Office, 1971.
14 p. Reprinted 1972.
2. Seven incinerators; evaluation, discussions, and authors'
closure. [Washington, U.S. Environmental Protection Agency, 1971. 40 p.]
(Includes discussions and authors' closure for ``An evaluation of seven
incinerators'' by W. C. Achinger and L. E. Daniels.)
3. DeMarco, J., D. J. Keller, J. Leckman, and J. L. Newton.
Municipal-scale incinerator design and operation. Public Health Service
Publication No. 2012. Washington, U.S. Government Printing Office, 1973.
98 p.
4. Occupational Safety and Health Act of 1970; Pub. L. 91-596, 91st
Cong., S. 2193, Dec. 29, 1970. Washington, U.S. Government Printing
Office, 1972.
5. Control techniques for particulate air pollutants. Publication
AP-51. U.S. Department of Health, Education, and Welfare, National Air
Pollution Control Administration, 1969.
6. Zausner, E. R. An accounting system for incinerator operations.
Public Health Service Publication No. 2032. Washington, U.S. Government
Printing Office, 1970. 17 p.
7. Achinger, W. C., and J. J. Giar, Testing manual for solid waste
incinerators. [Cincinnati], U.S. Environmental Protection Agency, 1973.
[372 p., loose-leaf.] [Open-file report, restricted distribution.]
8. Nader, J. S., W. Carter, and F. Jaye. Performance Specifications
for Stationary Source Monitoring Systems. NTIS PB. 230 934/AS (1974).
PART 243--GUIDELINES FOR THE STORAGE AND COLLECTION OF RESIDENTIAL, COMMERCIAL, AND INSTITUTIONAL SOLID WASTE--Table of Contents
Subpart A--General Provisions
Sec.
243.100 Scope.
243.101 Definitions.
Subpart B--Requirements and Recommended Procedures
243.200 Storage.
243.200-1 Requirement.
243.200-2 Recommended procedures: Design.
243.201 Safety.
243.201-1 Requirement.
243.201-2 Recommended procedures: Operations.
243.202 Collection equipment.
243.202-1 Requirement.
243.202-2 Recommended procedures: Design.
243.202-3 Recommended procedures: Operations.
243.203 Collection frequency.
243.203-1 Requirement.
243.203-2 Recommended procedures: Operations.
243.204 Collection management.
243.204-1 Requirement.
243.204-2 Recommended procedures: Operations.
Appendix to Part 243--Recommended Bibliography
Authority: Sec. 209(a) of the Solid Waste Disposal Act of 1965 (Pub.
L. 89-272), as amended by the Resource Recovery Act of 1970 (Pub. L. 91-
512).
Source: 41 FR 6769, Feb. 13, 1976, unless otherwise noted.
Subpart A--General Provisions
Sec. 243.100 Scope.
(a) These guidelines are promulgated in partial fulfillment of
section 209(a) of the Solid Waste Disposal Act, as amended (Pub. L. 89-
272).
(b) The guidelines apply to the collection of residential,
commercial, and institutional solid wastes and street wastes. Explicitly
excluded are mining, agricultural, and industrial solid wastes;
hazardous wastes; sludges; construction and demolition wastes; and
infectious wastes.
[[Page 307]]
(c) The ``Requirement'' sections contained herein delineate minimum
levels of performance required of solid waste collection operations.
Under section 211 of the Solid Waste Disposal Act, as amended, and
Executive Order 11752, the ``Requirement'' sections of these guidelines
are mandatory for Federal agencies. In addition, they are recommended to
State, interstate, regional, and local governments for use in their
activities.
(d) The ``Recommended procedures'' sections are presented to suggest
additional actions or preferred methods by which the objectives of the
requirements can be realized. The ``Recommended procedures'' are not
mandatory for Federal agencies.
(e) The guidelines apply equally to Federal agencies generating
solid waste whether the solid waste is actually collected by a Federally
operated or non-Federally operated collection system, except in the case
of isolated Federal facilities such as post offices, military recruiting
stations, and other offices where local community solid waste collection
systems are utilized, which are not within the managerial control of the
Federal agency.
(f) The guidelines shall be implemented in those situations where
the Federal agency is able to exercise direct managerial control over
the collection system through operation of the system or by contracting
for collection service. Where non-Federal collection systems are
utilized, service contracts should require conformance with the
guidelines requirements unless service meeting such requirements is not
reasonably available. It is left to the head of the responsible agency
to decide how the requirements of the guidelines will be met.
(g) The Environmental Protection Agency will give technical
assistance and other guidance to Federal agencies when requested to do
so under section 3(D)1 of Executive Order 11752.
(h) Within 1 year after the final promulgation of these guidelines,
Federal agencies shall decide what actions shall be taken to adopt the
requirements of these guidelines and shall, within 60 days of this
decision, submit to the Administrator a schedule of such actions.
(i) Federal agencies that decide not to adopt the requirements
contained herein, for whatever reason, shall make available to the
Administrator a report of the analysis and rationale used in making that
decision. The Administrator shall publish notice of availability of this
report in the Federal Register. EPA considers the following reasons to
be valid for purposes of non-compliance: costs so high as to render
compliance economically impracticable, and the technical inhibitions to
compliance specifically described in the guidelines.
(1) The following points are to be covered in the report.
(i) A description of the proposed or on-going practices which will
not be in compliance with these guidelines. This statement should
identify all agency facilities which will be affected by noncompliance
including a brief description of how such facilities will be affected.
(ii) A description of the alternative actions considered with
emphasis on those alternatives which, if taken, would be in compliance
with these guidelines.
(iii) The rationale for the action chosen by the agency including
technical data and policy considerations used in arriving at this
decision.
In covering these points, agencies should make every effort to present
the information succinctly in a form easily understood, but in
sufficient detail so that the Administrator and the public may
understand the factors influencing the decision not to adopt the
requirements of these guidelines.
(2) The report shall be submitted to the Administrator as soon as
possible after a final agency decision has been made not to adopt the
requirements of these guidelines, but in no case later than 60 days
after the final decision. The Administrator will indicate to the agency
his concurrence/nonconcurrence with the agency's decision, including his
reasons.
(3) Implementation of actions not in compliance with these
guidelines shall be deferred, where feasible, in order to give the
Administrator time to receive, analyze, and seek clarification of the
required report.
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(4) It is recommended that where the report on non-compliance
concerns an action for which an Environmental Impact Statement (EIS) is
required by the National Environmental Policy Act, that the report be
circulated simultaneously with the EIS, since much of the information to
satisfy the requirements of the report will be useful in the preparation
of the EIS.
Sec. 243.101 Definitions.
As used in these guidelines:
(a) Alley collection means the collection of solid waste from
containers placed adjacent to or in an alley.
(b) Agricultural solid waste means the solid waste that is generated
by the rearing of animals, and the producing and harvesting of crops or
trees.
(c) Bulky waste means large items of solid waste such as household
appliances, furniture, large auto parts, trees, branches, stumps, and
other oversize wastes whose large size precludes or complicates their
handling by normal solid wastes collection, processing, or disposal
methods.
(d) Carryout collection means collection of solid waste from a
storage area proximate to the dwelling unit(s) or establishment.
(e) Collection means the act of removing solid waste (or materials
which have been separated for the purpose of recycling) from a central
storage point.
(f) Collection frequency means the number of times collection is
provided in a given period of time.
(g) Commercial solid waste means all types of solid wastes generated
by stores, offices, restaurants, warehouses, and other non-manufacturing
activities, excluding residential and industrial wastes.
(h) Compactor collection vehicle means a vehicle with an enclosed
body containing mechanical devices that convey solid waste into the main
compartment of the body and compress it into a smaller volume of greater
density.
(i) Construction and demolition waste means the waste building
materials, packaging, and rubble resulting from construction,
remodeling, repair, and demolition operations on pavements, houses,
commercial buildings, and other structures.
(j) Curb collection means collection of solid waste placed adjacent
to a street.
(k) Federal facility means any building, installation, structure,
land, or public work owned by or leased to the Federal Government. Ships
at sea, aircraft in the air, land forces on maneuvers, and other mobile
facilities are not considered ``Federal facilities'' for the purpose of
these guidelines. United States Government installations located on
foreign soil or on land outside the jurisdiction of the United States
Government are not considered ``Federal facilities'' for the purpose of
these guidelines.
(l) Food waste means the organic residues generated by the handling,
storage, sale, preparation, cooking, and serving of foods, commonly
called garbage.
(m) Generation means the act or process of producing solid waste.
(n) Hazardous waste means a waste or combination of wastes of a
solid, liquid, contained gaseous, or semisolid form which may cause, or
contribute to, an increase in mortality or an increase in serious
irreversible, or incapacitating reversible illness, taking into account
the toxicity of such waste, its persistence and degradability in nature,
its potential for accumulation or concentration in tissue, and other
factors that may otherwise cause or contribute to adverse acute or
chronic effects on the health of persons or other organisms.
(o) Industrial solid waste means the solid waste generated by
industrial processes and manufacturing.
(p) Infectious waste means: (1) Equipment, instruments, utensils,
and formites of a disposable nature from the rooms of patients who are
suspected to have or have been diagnosed as having a communicable
disease and must, therefore, be isolated as required by public health
agencies; (2) laboratory wastes, such as pathological specimens (e.g.,
all tissues, specimens of blood elements, excreta, and secretions
obtained from patients or laboratory animals) and disposable fomites
(any substance that may harbor or transmit pathogenic organisms)
attendant thereto; (3) surgical operating room pathologic specimens and
disposable fomites attendant thereto, and similar
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disposable materials from outpatient areas and emergency rooms.
(q) Institutional solid waste means solid wastes generated by
educational, health care, correctional, and other institutional
facilities.
(r) Mining wastes means residues which result from the extraction of
raw materials from the earth.
(s) Residential solid waste means the wastes generated by the normal
activities of households, including, but not limited to, food wastes,
rubbish, ashes, and bulky wastes.
(t) Responsible agency means the organizational element that has the
legal duty to ensure compliance with these guidelines.
(u) Rubbish means a general term for solid waste, excluding food
wastes and ashes, taken from residences, commercial establishments, and
institutions.
(v) Satellite vehicle means a small collection vehicle that
transfers its load into a larger vehicle operating in conjunction with
it.
(w) Scavenging means the uncontrolled and unauthorized removal of
materials at any point in the solid waste management system.
(x) Sludge means the accumulated semiliquid suspension of settled
solids deposited from wastewaters or other fluids in tanks or basins. It
does not include solids or dissolved material in domestic sewage or
other significant pollutants in water resources, such as silt, dissolved
materials in irrigation return flows or other common water pollutants.
(y) Solid waste means garbage, refuse, sludges, and other discarded
solid materials, including solid waste materials resulting from
industrial, commercial, and agricultural operations, and from community
activities, but does not include solid or dissolved materials in
domestic sewage or other significant pollutants in water resources, such
as silt, dissolved or suspended solids in industrial wastewater
effluents, dissolved materials in irrigation return flows or other
common water pollutants. Unless specifically noted otherwise, the term
``solid waste'' as used in these guidelines shall not include mining,
agricultural, and industrial solid wastes; hazardous wastes; sludges;
construction and demolition wastes; and infectious wastes.
(z) Stationary compactor means a powered machine which is designed
to compact solid waste or recyclable materials, and which remains
stationary when in operation.
(aa) Storage means the interim containment of solid waste after
generation and prior to collection for ultimate recovery or disposal.
(bb) Solid waste storage container means a receptacle used for the
temporary storage of solid waste while awaiting collection.
(cc) Street wastes means materials picked up by manual or mechanical
sweepings of alleys, streets, and sidewalks; wastes from public waste
receptacles; and material removed from catch basins.
(dd) Transfer station means a site at which solid wastes are
concentrated for transport to a processing facility or land disposal
site. A transfer station may be fixed or mobile.
(ee) Vector means a carrier that is capable of transmitting a
pathogen from one organism to another.
Subpart B--Requirements and Recommended Procedures
Sec. 243.200 Storage.
Sec. 243.200-1 Requirement.
(a) All solid wastes (or materials which have been separated for the
purpose of recycling) shall be stored in such a manner that they do not
constitute a fire, health, or safety hazard or provide food or harborage
for vectors, and shall be contained or bundled so as not to result in
spillage. All solid waste containing food wastes shall be securely
stored in covered or closed containers which are nonabsorbent,
leakproof, durable, easily cleanable (if reusable), and designed for
safe handling. Containers shall be of an adequate size and in sufficient
numbers to contain all food wastes, rubbish, and ashes that a residence
or other establishment generates in the period of time between
collections. Containers shall be maintained in a clean condition so that
they do not constitute a nuisance, and to retard the harborage, feeding,
and breeding of vectors. When
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serviced, storage containers should be emptied completely of all solid
waste.
(b) Storage of bulky wastes shall include, but is not limited to,
removing all doors from large household appliances and covering the
item(s) to reduce the problems of an attractive nuisance, and the
accumulation of solid waste and water in and around the bulky items.
(c) Reusable waste containers which are emptied manually shall not
exceed 75 pounds (34.05 kg) when filled, and shall be capable of being
serviced without the collector coming into physical contact with the
solid waste.
(d) In the design of all buildings or other facilities which are
constructed, modified, or leased after the effective date of these
guidelines, there shall be provisions for storage in accordance with
these guidelines which will accommodate the volume of solid waste
anticipated, which may be easily cleaned and maintained, and which will
allow for efficient, safe collection.
Sec. 243.200-2 Recommended procedures: Design.
(a) Reusable waste containers should be constructed of corrosion
resistant metal or other material which will not absorb water, grease,
or oil. The containers should be leakproof, including sides, seams, and
bottoms, and be durable enough to withstand anticipated usage without
rusting, cracking, or deforming in a manner that would impair
serviceability. The interior of the container should be smooth without
interior projections or rough seams which would make it difficult to
clean or interfere with its emptying. The exterior of the container
should be safe for handling with no cracks, holes, or jagged edges.
Containers should be stored on a firm, level, well-drained surface which
is large enough to accommodate all of the containers and which is
maintained in a clean, spillage-free condition.
(1) Reusable waste containers which are emptied manually should have
a capacity of no more than 35 gallons (132.51) in volume, unless they
are mounted on casters and can be serviced by being rolled to the
collection vehicle and tilted for emptying. The containers should be
constructed with rounded edges and tapered sides with the larger
diameter at the top of the container to facilitate discharge of the
solid waste by gravity. Containers should have two handles or bails
located directly opposite one another on the sides of the container.
Containers should have covers which are tight-fitting to resist the
intrusion of water and vectors, and should be equipped with a suitable
handle. Containers should be designed so that they cannot be tipped over
easily.
(2) Reusable waste containers which are emptied mechanically should
be designed or equipped to prevent spillage or leakage during on-site
storage, collection, or transport. The container should be easily
cleanable and designed to allow easy access for depositing the waste and
removing it by gravity or by mechanical means. The containers should be
easily accessible to the collection vehicle in an area which can safely
accommodate the dimensions and weight of the vehicle.
(b) Single-use plastic and paper bags should meet the National
Sanitation Foundation Standard No. 31 for polyethylene refuse bags and
Standard No. 32 for paper refuse bags, respectively. However, such bags
do not need to have been certified by the National Sanitation
Foundation. Single-use bags containing food wastes should be stored
within the confines of a building or container between collection
periods.
Sec. 243.201 Safety.
Sec. 243.201-1 Requirement.
Collection systems shall be operated in such a manner as to protect
the health and safety of personnel associated with the operation.
Sec. 243.201-2 Recommended procedures: Operations.
(a) All solid waste collection personnel should receive instructions
and training in safe container and waste handling techniques, and in the
proper operation of collection equipment, such as those presented in
Operation Responsible: Safe Refuse Collection.
(b) Personal protective equipment such as gloves, safety glasses,
respirators, and footwear should be used
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by collection employees, as appropriate. This equipment should meet the
applicable provisions of the Occupational Safety and Health
Administration Standards for Subpart I--Personal Protective Equipment
(29 CFR 1910.132 through 1910.137).
(c) Scavenging should be prohibited at all times to avoid injury and
to prevent interference with collection operations.
(d) When conducting carryout collection, a leakproof and puncture-
proof carrying container should be used to minimize the potential for
physical contact between the collector and the solid waste or the
liquids which may derive from it.
Sec. 243.202 Collection equipment.
Sec. 243.202-1 Requirement.
(a) All vehicles used for the collection and transportation of solid
waste (or materials which have been separated for the purpose of
recycling) which are considered to be operating in interstate or foreign
commerce shall meet all applicable standards established by the Federal
Government, including, but not limited to, Motor Carrier Safety
Standards (49 CFR parts 390 through 396) and Noise Emission Standards
for Motor Carriers Engaged in Interstate Commerce (40 CFR part 202).
Federally owned collection vehicles shall be operated in compliance with
Federal Motor Vehicle Safety Standards (49 CFR parts 500 through 580).
(b) All vehicles used for the collection and transportation of solid
waste (or materials which have been separated for the purpose of
recycling) shall be enclosed or adequate provisions shall be made for
suitable cover, so that while in transit there can be no spillage.
(c) The equipment used in the compaction, collection, and
transportation of solid waste (or materials which have been separated
for the purpose of recycling) shall be constructed, operated, and
maintained in such a manner as to minimize health and safety hazards to
solid waste management personnel and the public. This equipment shall be
maintained in good condition and kept clean to prevent the propagation
or attraction of vectors and the creation of nuisances.
(d) Collection equipment of the following types used for the
collection, storage, and transportation of solid waste (or materials
which have been separated for the purpose of recycling) shall meet the
standards established by the American National Standards Institute (ANSI
Z245.1, Safety Standards for Refuse Collection Equipment) as of the
effective date(s) established in ANSI Z245.1:
(1) Rear-loading compaction equipment.
(2) Side-loading compaction equipment.
(3) Front-loading compaction equipment.
(4) Tilt-frame equipment.
(5) Hoist-type equipment.
(6) Satellite vehicles.
(7) Special collection compaction equipment.
(8) Stationary compaction equipment.
In the procurement of new collection equipment before the effective
dates of ANSI Z245.1, equipment which meets the standards shall be
obtained if available.
Sec. 243.202-2 Recommended procedures: Design.
(a) Whenever possible, enclosed, metal, leak-resistant compactor
vehicles should be used for the collection of solid wastes.
(b) Safety devices, including, but not limited to, the following
should be provided on all collection vehicles:
(1) Exterior rear-view mirrors.
(2) Back-up lights.
(3) Four-way emergency flashers.
(4) Easily accessible first aid equipment.
(5) Easily accessible fire extinguisher.
(6) Audible reverse warning device.
(c) If crew members ride outside the cab of the collection vehicle
for short trips the vehicle should be equipped with handholds and
platforms big enough to safeguard against slipping.
(d) Vehicle size should take into consideration: Local weight and
height limits for all roads over which the vehicle will travel; turning
radius; and
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loading height in the unloading position to insure overhead clearance in
transfer stations, service buildings, incinerators, or other facilities.
(e) Engines which conserve fuel and minimize pollution should be
used in collection vehicles to reduce fuel consumption and air
pollution.
Sec. 243.202-3 Recommended procedures: Operations.
(a) Collection vehicles should be maintained and serviced according
to manufacturers' recommendations, and receive periodic vehicle safety
checks, including, but not limited to, inspection of brakes, windshield
wipers, taillights, backup lights, audible reverse warning devices,
tires, and hydraulic systems. Any irregularities should be repaired
before the vehicle is used. Vehicles should also be cleaned thoroughly
at least once a week.
(b) Solid waste should not be allowed to remain in collection
vehicles over 24 hours and should only be left in a vehicle overnight
when this practice does not constitute a fire, health, or safety hazard.
Sec. 243.203 Collection frequency.
Sec. 243.203-1 Requirement.
Solid wastes (or materials which have been separated for the purpose
of recycling) shall be collected with frequency sufficient to inhibit
the propagation or attraction of vectors and the creation of nuisances.
Solid wastes which contain food wastes shall be collected at a minimum
of once during each week. Bulky wastes shall be collected at a minimum
of once every 3 months.
Sec. 243.203-2 Recommended procedures: Operations.
(a) The minimum collection frequency consistent with public health
and safety should be adopted to minimize collection costs and fuel
consumption. In establishing collection frequencies, generation rates,
waste composition, and storage capacity should be taken into
consideration.
(b) When solid wastes are separated at the point of storage into
various categories for the purpose of resource recovery, a collection
frequency should be designated for each waste category.
Sec. 243.204 Collection management.
Sec. 243.204-1 Requirement.
The collection of solid wastes (or materials which have been
separated for the purpose of recycling) shall be conducted in a safe,
efficient manner, strictly obeying all applicable traffic and other
laws. The collection vehicle operator shall be responsible for
immediately cleaning up all spillage caused by his operations, for
protecting private and public property from damage resulting from his
operations, and for creating no undue disturbance of the peace and quiet
in residential areas in and through which he operates.
Sec. 243.204-2 Recommended procedures: Operations.
(a) Records should be maintained detailing all costs (capital,
operating, and maintenance) associated with the collection system. These
records should be used for scheduling maintenance and replacement, for
budgeting, and for system evaluation and comparison.
(b) The collection system should be reviewed on a regular schedule
to assure that environmentally adequate, economical, and efficient
service is maintained.
(c) Solid waste collection systems should be operated in a manner
designed to minimize fuel consumption, including, but not limited to,
the following procedures.
(1) Collection vehicle routes should be designed to minimize driving
distances and delays.
(2) Collection vehicles should receive regular tuneups, tires should
be maintained at recommended pressures, and compaction equipment should
be serviced regularly to achieve the most efficient compaction.
(3) Compactor trucks should be used to reduce the number of trips to
the disposal site.
(4) When the distance or travel time from collection routes to
disposal sites is great, transfer stations should be used when cost
effective.
(5) Residential solid waste containers which are serviced manually
should be
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placed at the curb or alley for collection.
(6) For commercial wastes which do not contain food wastes, storage
capacity should be increased in lieu of more frequent collection.
Appendix to Part 243--Recommended Bibliography
1. American National Standard Z245.1. Safety standard for refuse
collection equipment. New York. The American National Standards
Institute.
2. Decision-Makers guide in solid waste management. Environmental
Protection Publication SW-127. Washington, U.S. Government Printing
Office, 1974.
3. Grupenhoff, B. L., and K. A. Shuster. Paper and plastic solid
waste sacks; a summary of available information; a Division of Technical
Operations open-file report (TO 18.1.03.1). [Cincinnati], U.S.
Environmental Protection Agency, 1971. 17 p. [Restricted distribution].
4. Hegdahl, T. A., Solid waste transfer stations; a state-of-the-art
report on systems incorporating highway transportation, U.S.
Environmental Protection Agency, 1972, 160 p. (Distributed by National
Technical Information Service, Springfield, Virginia, as PB 213 511).
5. National Sanitation Foundation standard no. 31 for polyethylene
refuse bags. Ann Arbor, The National Sanitation Foundation, May 22,
1970. 6 p.
6. National Sanitation Foundation standard no. 32 for paper refuse
sacks. Ann Arbor, The National Sanitation Foundation, Nov. 13, 1970. 6
p.
7. National Sanitation Foundation standard no. 13 for refuse
compactors and compactor systems. Ann Arbor, The National Sanitation
Foundation, March 1973. 12 p.
8. Operation responsible (a safety training manual for S.W.
Collection): Safe refuse collection: instructor's manual with slides,
training manual with slides, and 16 mm film. Available from the National
Audiovisual Center, General Services Administration, Washington, DC
20409.
9. Ralph Stone and Company, Inc. The use of bags for solid waste
storage and collection. Environmental Protection Publication SW-42d.
U.S. Environmental Protection Agency, 1972. 264 p. (Distributed by
National Technical Information Service, Springfield, Virginia, as PB 212
590).
10. Shuster, K. A., and D. A. Schur. Heuristic routing for solid
waste collection vehicles. Environmental Protection Publication SW-113.
Washington, U.S. Government Printing Office, 1974. 45 p.
11. Shuster, K. (Office of Solid Waste Management Programs.)
Analysis of fuel consumption for solid waste management. Unpublished
data, January 1974.
12. U.S. Environmental Protection Agency. Pesticides and pesticides
containers; regulations for acceptance and recommended procedures for
disposal and storage. Federal Register, 39 (85): 15235-15241, May 1,
1974.
13. U.S. Environmental Protection Agency. Pesticides and pesticides
containers; proposed regulations for prohibition of certain acts
regarding disposal and storage. Federal Register, 39 (200): 36847-36950,
October 15, 1974.
PART 244--SOLID WASTE MANAGEMENT GUIDELINES FOR BEVERAGE CONTAINERS--Table of Contents
Subpart A--General Provisions
Sec.
244.100 Scope.
244.101 Definitions.
Subpart B--Requirements
244.200 Requirements.
244.201 Use of returnable beverage containers.
244.202 Information.
244.203 Implementation decisions and reporting.
Appendix to Part 244--Recommended Bibliography
Authority: Secs. 1008 and 6004 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 6907, 6964).
Source: 41 FR 41203, Sept. 21, 1976, unless otherwise noted.
Subpart A--General Provisions
Sec. 244.100 Scope.
(a) The ``Requirement'' sections contained herein delineate minimum
actions for Federal agencies for reducing beverage container waste.
(b) Section 211 of the Act and Executive Order 11752 make the
``Requirements'' section of the guidelines mandatory upon Federal
agencies. They are recommended for adoption by State and local
governments and private agencies.
(c) Intent and Objectives. (1) These Guidelines for Beverage
Containers are intended to achieve a reduction in beverage container
solid waste and litter, resulting in savings in waste collection and
disposal costs to the Federal Government. They are also intended to
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achieve the conservation and more efficient use of energy and material
resources through the development of effective beverage distribution and
container collection systems.
(2) The guidelines are intended to achieve these goals by making all
beverage containers returnable and encouraging reuse of recycling of the
returned containers. To accomplish the return of beverage containers, a
deposit of at least five cents on each returnable beverage container is
to be paid upon purchase by the consumer and refunded to the consumer
when the empty container is returned to the dealer. This refund value
provides a positive incentive for consumers to return the empty
containers. Once containers are returned, nonrefillable containers can
be recycled and refillable bottles can be reused.
(3) The minimum deposit of five cents has been chosen because it is
deemed a large enough incentive to induce the return of most containers,
and it is the most widely used deposit amount in present deposit
systems. Because this action is intended to be compatible with present
deposit systems, it is recommended that Federal facilities apply higher
deposit levels in localities where higher levels are ordinarily used and
lower deposit levels if the local area has an established return system
with a minimum deposit level, for some or all beverage containers, of
less than five cents.
(4) Final determination of how the requirements of the guidelines
will be met rests with the head of each Federal agency.
(5) Federal facilities implementing the guidelines must charge
refundable deposits on both refillable beverage containers and
nonrefillable ones. Use of a refillable beverage container system will
achieve the objectives of this guideline and will also most likely
result in lower beverage prices for consumers. However, placing
refundable deposits on nonrefillable containers, which are subsequently
returned and recycled, also achieves the objectives of the guidelines.
(d) Nonimplementation for Federal Facilities. (1) The objectives of
these guidelines are to reduce solid waste and litter and to conserve
energy and materials through the use of a return system for beverage
containers. In order to have a substantial impact on solid waste and
litter created by beverage containers and to effect the concomitant
energy and materials savings in a cost-effective manner, three
conditions will be necessary: First, that consumers continue to purchase
beverages from dealers at Federal facilities; second, that empty
containers be returned and then reused or recycled; third, that the
costs of implementation are not prohibitive. The head of each agency
should consider these factors in order to make a determination regarding
implementation of these guidelines.
(2) The Administrator recognizes that the requirements of these
guidelines may not be practical at some Federal facilities due to
geographic or logistic problems of a local nature. Further, he
recognizes that the use of a returnable beverage container system will
accomplish nothing if all reasonable efforts to implement such a system
have failed to induce consumers to buy beverages in returnable
containers or to return them when empty. When these situations persist,
agencies may determine not to continue implementation of these
guidelines.
(3) Federal agencies that make the determination not to use
returnable containers shall provide to the Administrator the analysis
and rationale used in making that determination as required by
Sec. 244.100(f)(3). The Administrator will publish notice of
availability of this report in the Federal Register. The following
conditions are considered to be valid reasons for not using returnable
beverage containers.
(i) Situations in which, after a trial implementation, there is no
alternative available that results in meeting the objectives of the
guidelines in a cost effective manner. Examples of indications of this
situation include, but are not limited to: (A) Data indicating a
substantial and persistent reduction in beverage sales that is not
directly attributable to any other cause; and (B) failure to establish a
beverage container return rate that effectively achieves the objectives
of these guidelines.
[[Page 315]]
(ii) Situations in which no viable alternative can be found which
avoids excessive, irrecoverable costs to the facility or the Agency.
These conditions may prevail at either part or all of a facility. It is
expected that facilities will use returnable beverage containers in
those portions of their beverage distribution systems where it is
effective to do so. However, it is recognized that in some situations,
such as for unattended vending machines where it is impractical to
establish refund locations, or in small remote outlets where the
majority of consumers are transient, it may not be possible to use
returnable containers effectively. The provisions for nonimplementation
can be applied to those portions of a facility.
(e) The Environmental Protection Agency will render technical
assistance and other guidance to Federal agencies when requested to do
so pursuant to section 3(d)(1) of Executive Order 11752.
(f) Reports--(1) Implementation Schedule Report. This report is to
advise the EPA of plans for the implementation of these guidelines. It
is to be submitted to the Administrator within 60 days following an
agency's determination to implement, and should include a list of
planned implementation actions and a schedule indicating when those
actions will be taken.
(2) [Reserved]
(3) Nonimplementation Report. Nonimplementation reports are to be
submitted to the Administrator as soon as possible after a final agency
determination has been made not to use returnable beverage containers
but not later than sixty days after this determination. The
Administrator will indicate to the reporting agency his concurrence or
nonconcurrence with the agency's decision, including his reasons
therefor. This concurrence or nonconcurrence is advisory.
Nonimplementation reports should include:
(i) A description of alternative actions considered or implemented,
including those actions which, if taken or continued, would have
involved a deposit or return system.
(ii) A description of ongoing actions that will be continued and
actions taken or proposed that would preclude future implementation of a
returnable beverage container system. This statement should identify all
agency facilities or categories of facilities that will be affected.
(iii) An analysis in support of the determination not to implement a
deposit system, including technical data, market studies, and policy
considerations used in making that determination. If the determination
not to implement is based on inability to achieve a cost-effective
system, this analysis should include such things as sales volume, impact
on total overhead costs, administrative costs, other costs of
implementation, percentage of containers sold that are returned, solid
waste and litter reduction, energy and materials saved, and retail
prices (before and after implementation).
[41 FR 41203, Sept. 21, 1976, as amended at 47 FR 36602, Aug. 20, 1982]
Sec. 244.101 Definitions.
(a) Beverage means carbonated natural or mineral waters; soda water
and similar carbonated soft drinks; and beer or other carbonated malt
drinks in liquid form and intended for human consumption.
(b) Beverage container means an airtight container containing a
beverage under pressure of carbonation. Cups and other open receptacles
are specifically excluded from this definition.
(c) Consumer means any person who purchases a beverage in a beverage
container for final use or consumption.
(d) Dealer means any person who engages in the sale of beverages in
beverage containers to a consumer.
(e) Deposit means the sum paid to the dealer by the consumer when
beverages are purchased in returnable beverage containers, and which is
refunded when the beverage container is returned.
(f) Distributor means any person who engages in the sale of
beverages, in beverage containers, to a dealer, including any
manufacturer who engages in such sale.
(g) Federal Agency means any department, agency, establishment, or
instrumentality of the executive branch of the United States Government.
(h) Federal facility means any building, installation, structure,
land, or
[[Page 316]]
public work owned by or leased to the Federal Government. Ships at sea,
aircraft in the air, land forces on maneuvers, and other mobile
facilities; and United States Government installations located on
foreign soil or on land outside the jurisdiction of the United States
Government are not considered ``Federal facilities'' for the purpose of
these guidelines.
(i) On-Premise Sales means sales transactions in which beverages are
purchased by a consumer for immediate consumption within the area under
control of the dealer.
(j) Recycling means the process by which recovered materials are
transformed into new products.
(k) Refillable Beverage Container means a beverage container that
when returned to a distributor or bottler is refilled with a beverage
and reused.
(l) Refund means the sum, equal to the deposit, that is given to the
consumer or the dealer or both in exchange for empty returnable beverage
containers.
(m) Returnable Beverage Container means a beverage container for
which a deposit is paid upon purchase and for which a refund of equal
value is payable upon return.
Subpart B--Requirements
Sec. 244.200 Requirements.
Sec. 244.201 Use of returnable beverage containers.
(a) All beverages in beverage containers sold or offered for sale
shall be sold in returnable beverage containers. On-premise sales are
specifically excluded from this requirement provided that empty beverage
containers are returned to the distributor for refilling, or are
recycled, either by the dealer or by the distributor when markets for
recyclable materials are available.
(b) The deposit shall be at least five (5) cents unless the local
area has an established return system in operation with a lower minimum
deposit level. In these specific areas, Federal facilities may adopt a
minimum deposit equal to the local deposit level.
(c) A dealer shall accept from a consumer any empty beverage
containers of the kind, size and brand sold by the dealer, and pay the
consumer the refund value of the beverage container, provided the
container is refillable or is labelled in accordance with
Sec. 244.202(a).
(d) The refund shall be provided at the place of sale whenever
possible or as close to that place as practicable, and in any event, on
the premises of the particular federal facility involved. Refund
locations shall be conspicuously labelled as refund centers. If they are
not in the immediate vicinity of the place of sale, notice of their
location shall be prominently posted at that place of sale.
(e) A dealer shall not procure beverages in beverage containers from
distributors who refuse to: Accept from the dealer any returnable
beverage containers of the kind, size and brand sold by the distributor;
pay to the dealer the refund value of the beverage containers; and reuse
the returned containers or recycle them where markets for recyclable
materials are available.
(f) Returned refillable beverage containers shall be returned to the
distributor for refilling. Nonrefillable beverage containers shall be
returned to the appropriate distributor or recycled, where markets for
recyclable materials are available.
Sec. 244.202 Information.
(a) With the exception of refillable beverage containers, every
returnable beverage container sold or offered for sale by a dealer shall
clearly and conspicuously indicate, by embossing or by stamp, or by a
label securely affixed to the beverage container, the refund value of
the container and that the container is returnable.
(b) Dealers shall inform consumers that beverages are sold in
returnable beverage containers by placing a sign, or a shelf label, or
both, in close proximity to any sales display of beverages in returnable
containers. That sign or label shall indicate that all containers are
returnable, separately list the beverage price and deposit to be paid by
the consumer, and shall indicate where the empty beverage containers may
be returned for refund of the deposit.
[[Page 317]]
Sec. 244.203 Implementation decisions and reporting.
Federal agencies are to determine whether or not to implement these
guidelines by October 20, 1977. Reporting of that determination shall be
in accordance with the following requirements:
(a) Federal agencies that plan to implement these guidelines shall
report that decision to the Administrator in accordance with the
procedures described in Sec. 244.100(f)(1).
(b) Agencies that determine not to implement these guidelines shall
provide to the Administrator a nonimplementation report in accordance
with Sec. 244.100(f)(3). This report shall include the reasons for
nonimplementation, based on concepts presented in Sec. 244.100(d).
[47 FR 36602, Aug. 20, 1982; 47 FR 41959, Sept. 23, 1982]
Appendix to Part 244--Recommended Bibliography
1. Office of Solid Waste Management Programs. Second report to
Congress; resource recovery and source reduction. Environmental
Protection Publication SW-122. Washington, U.S. Government Printing
Office, 1974.
2. Applied Decision Systems, Inc. Study of the effectiveness and
impact of the Oregon minimum deposit law. Salem, Oregon Legislative
Fiscal Office, 1974.
3. Midwest Research Institute. Resource and environmental profile
analysis of nine beverage container alternatives. Environmental
Protection Publications SW-91c. Washington, U.S. Government Printing
Office, 1974.
4. Alpha Beta Acme Markets, Inc. Bottle survey '71: A California
supermarket report on the cost of handling returnable soft drink
bottles. 1971.
5. Research Triangle Institute. The beverage container problem,
analysis and recommendations. Environmental Protection Agency
Publication R 2-72-059, 1972.
6. Research Triangle Institute. An evaluation of the effectiveness
and costs of regulatory and fiscal policy instruments on product
packaging. RTI Project No. 41U-824, 1974.
7. Lowe, R. A. Energy conservation through improved solid waste
management. Environmental Protection Agency Publication SW-125.
Washington, U.S. Government Printing Office, 1974.
8. Gudger, C., and J. Bailes. The economic impact of Oregon's bottle
bill. Oregon State University Press, 1974.
9. Claussen, E. Oregon's bottle bill: The first six months.
Environmental Protection Agency Publication SW-109. Washington, U.S.
Government Printing Office, 1973.
10. Scheinman, T. Mandatory deposit legislation for beer and soft
drink containers in Maryland, an economic analysis. State of Maryland
Council of Economic Advisers, 1974.
11. U.S. Congress, Senate. Hearings before the Subcommittee on the
Environment, Committee on Commerce, 93rd Congress, May 6 to 7, 1974.
12. Quinn, Robert. No deposit no return * * * a report on beverage
containers. New York State Senate Task Force on Critical Problems, 1975.
13. Weinberg, R. S. The effect of convenience packaging on the malt
beverage industry 1947-1969. St. Louis, Missouri, December, 1971.
14. Impacts of beverage container regulations in Minnesota; a report
to the Governor and the Minnesota Legislature. Minneapolis, Minnesota
State Planning Agency, January, 1974.
15. Loube, M. Beverage containers; the Vermont experience.
Washington, U.S. Environmental Protection Agency, 1975.
16. Nadworny, Milton J. Some economic consequences of the Vermont
beverage container deposit law. Burlington, University of Vermont,
February 1975.
17. O'Brien, M. Returnable containers for Maine; an environmental
and economic assessment. Portland, Maine, Maine Citizens for Returnable
Containers, March 17, 1975.
18. Questions and answers on returnable beverage containers for beer
and soft drinks. U.S. Environmental Protection Agency, Office of Solid
Waste Management programs, Resource Recovery Division. Washington, June
1975.
19. Ross, M. H. Employment effects of a ban on nonreturnable
beverage containers in Michigan. Kalamazoo, Michigan, Kalamazoo Nature
Center for Environmental Education, April, 1975.
20. Stern, C., et al. Impacts of beverage container legislation on
Connecticut and a review of the experience in Oregon, Vermont and
Washington State. Storrs, University of Connecticut, Department of
Agricultural Economics, March 20, 1975.
21. Train, R. E. Win the war on waste. Presented at 3d National
Congress on Waste Management Technology and Resource Recovery, San
Francisco, November 14, 1975.
22. Waggoner, D. Oregon's bottle bill two years later. Portland,
Oregon, Columbia Group Press, May, 1974.
23. Council on Environmental Economics. A report on the
environmental economics regarding mandatory deposit legislation for beer
and soft drink containers in Maryland. Annapolis, Maryland, January,
1975.
[[Page 318]]
24. O'Brien, M. Returnable containers for Maine; an environmental
and economic assessment. Maine Citizens for Returnable Containers.
Portland, Maine, March 17, 1975, 13p.
PART 245--PROMULGATION RESOURCE RECOVERY FACILITIES GUIDELINES--Table of Contents
Subpart A--General Provisions
Sec.
245.100 Scope.
245.101 Definitions.
Subpart B--Requirements and Recommended Procedures
245.200 Establishment or utilization of resource recovery facilities.
245.200-1 Requirements.
245.200-2 Recommended procedures: Regionalization.
245.200-3 Recommended procedures: Planning techniques.
Authority: Secs. 1008 and 6004 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 6907, 6964).
Source: 41 FR 41208, Sept. 21, 1976, unless otherwise noted.
Subpart A--General Provisions
Sec. 245.100 Scope.
(a) These guidelines are applicable to the recovery of resources
from residential, commercial, or institutional solid wastes.
(b) The ``Requirement'' sections contained herein delineate minimum
actions for Federal agencies for planning and establishing resource
recovery facilities. Pursuant to section 211 of the Solid Waste Disposal
Act, as amended, and Executive Order 11752, the ``Requirement'' sections
of this guideline are mandatory for Federal agencies. In addition, they
are recommended to State, interstate, regional, and local governments
for use in their activities.
(c) The ``Recommended Procedures'' sections are presented to suggest
additional actions or preferred methods by which the objectives of the
requirements can be realized. The ``Recommended Procedures'' are not
mandatory for Federal agencies.
(d) These guidelines apply to all Federal agencies that have
jurisdiction over any real property or facility the operation or
administration of which involves such agency in residential, commercial
or institutional solid wastes disposal activities either in-house or by
contract. Federal land that is used solely for the disposal of non-
Federal solid waste is not considered real property or a facility for
the purpose of these guidelines.
(e) The Environment Protection Agency will render technical
assistance and other guidance to Federal agencies when requested to do
so pursuant to section 3(d)1 of Executive Order 11752.
(f) Within one year after the final promulgation of these
guidelines, agencies shall make a determination as to what actions will
be taken to establish a resource recovery facility in accordance with
these guidelines and shall, within 60 days of such determination, submit
to the Administrator a schedule of such actions.
(g) In order for the Administrator to establish the lead agency in
each Standard Metropolitan Statistical Area (SMSA) as addressed in
Sec. 245.200-1(b), each Agency shall provide the Administrator within 60
days after the final promulgation of these guidelines the following
information:
List of all real property or facilities by SMSA that the agency has
jurisdiction over, the operation or administration of which involves
such agency in residential, commercial or institutional solid wastes
disposal activities, either in-house or by contract, in amounts of more
than one ton of solid waste per day (equivalent to 260 tons or more
annually) after implementation of other Federal guidelines for waste
reduction and source separation and that amount of solid waste.
(h) Within 90 days after final promulgation of these guidelines, the
Administrator will establish the lead agency in each SMSA.
(i) Federal agencies that make the determination not to establish or
utilize a resource recovery facility shall make a report to the
Administrator fully explaining that determination. The Administrator
shall publish in the Federal Register notice of the availability of this
report to the public. In making this determination, agencies
[[Page 319]]
must consider energy conservation, environmental factors, and natural
resource conservation as well as cost. Trade-offs between these factors
must be analyzed prior to the decision not to establish or utilize a
resource recovery facility. As all of these factors can be reduced to
cost, the following are considered to be valid reasons for not
establishing or utilizing a resource recovery facility when supported by
individual facts and circumstances:
(1) Costs so high as to render establishing a resource recovery
facility economically impracticable; or
(2) Inability to sell the recovered products due to lack of market.
(i) The report required by this section shall contain:
(A) A description of alternative actions considered with emphasis on
those alternatives that involve resource recovery, and any actions that
would preclude establishing or utilizing a resource recovery facility.
(B) A description of ongoing actions which will be continued and new
actions taken or proposed. This statement should identify all agency
facilities that will be affected by these actions including a brief
description of how these facilities will be affected.
(C) An analysis of the action chosen by the agency including
supporting technical data, market studies, and policy considerations so
that the factors influencing the decision not to establish a resource
recovery facility are clear.
(ii) The report required by this section shall be submitted to the
Administrator as soon as possible after a final agency determination has
been made not to establish or utilize a resource recovery facility, but
in no case later than sixty days after such final determination. The
Administrator shall indicate to the agency in writing his concurrence or
disagreement with the agency's decision, including his reasons therefor.
(iii) Implementation of actions that would preclude establishing or
utilizing a resource recovery facility shall be deferred for 60 days,
from the Agency's receipt of the report required by Sec. 245.100(g), in
order to give the Administrator an opportunity to receive, analyze and
seek clarification of the report.
(iv) It is recommended that where the report required by this
section concerns an action for which an Environmental Impact Statement
(EIS) is required by the National Environmental Policy Act, that the
report be circulated together with the EIS.
Sec. 245.101 Definitions.
As used in these guidelines:
(a) Commercial solid waste means all types of solid waste generated
by stores, offices, restaurants, warehouses, and other such non-
manufacturing activities, and non-processing waste generated at
industrial facilities such as office and packing wastes.
(b) Disposal means the collection, storage, treatment, utilization,
processing, or final disposal of solid waste.
(c) Facility means any building, installation, structure, or public
work owned by or leased to the Federal Government. Ships at sea,
aircraft in the air, land forces on maneuvers, other mobile facilities,
and U.S. Government installations located on foreign soil are not
considered ``Federal facilities'' for the purpose of these guidelines.
(d) Infectious waste means: (1) Equipment, instruments, utensils,
and fomites (any substance that may harbor or transmit pathogenic
organisms) of a disposable nature from the rooms of patients who are
suspected to have or have been diagnosed as having a communicable
disease and must, therefore, be isolated as required by public health
agencies; (2) laboratory wastes, such as pathological specimens (e.g.,
all tissues, specimens of blood elements, excreta, and secretions
obtained from patients or laboratory animals) and disposable fomites
attendant thereto; (3) surgical operating room pathologic specimens and
disposable fomites attendant thereto and similar disposable materials
from outpatient areas and emergency rooms.
(e) Institutional solid waste means solid wastes originating from
educational, health care, correctional, and other institutional
facilities.
(f) Pyrolytic gas and oil means gas or liquid products that possess
useable heating value that is recovered from the heating of organic
material (such
[[Page 320]]
as that found in solid waste), usually in an essentially oxygen-free
atmosphere.
(g) Recoverable resources means materials that still have useful
physical, chemical, or biological properties after serving their
original purpose and can, therefore, be reused or recycled for the same
or other purposes.
(h) Recovery means the process of obtaining materials or energy
resources from solid waste.
(i) Recycled material means a material that is utilized in place of
a primary, raw, or virgin material in manufacturing a product.
(j) Recycling means the process by which recovered materials are
transformed into new products.
(k) Residential solid waste means the garbage, rubbish, trash, and
other solid waste resulting from the normal activities of households.
(l) Resource recovery facility means any physical plant that
processes residential, commercial, or institutional solid wastes
biologically, chemically, or physically, and recovers useful products,
such as shredded fuel, combustible oil or gas, steam, metal, glass, etc.
for recycling.
(m) Tons per day means annual tonnage divided by 260 days.
Subpart B--Requirements and Recommended Procedures
Sec. 245.200 Establishment or utilization of resource recovery
facilities.
Sec. 245.200-1 Requirements.
(a) A Federal agency that has jurisdiction over any real property or
facility the operation or administration of which involves such agency
in residential, commercial or institutional solid wastes disposal
activities either in-house or by contract in amounts of 100 tons or more
per day (equivalent to 26,000 tons or more annually) after
implementation of other Federal guidelines for waste reduction and
source separation shall establish or utilize resource recovery
facilities to separate and recover materials or energy or both from such
solid waste.
(b) If any one Federal agency within a Standard Metropolitan
Statistical Area that has jurisdiction over any real property or
facility the operation or administration of which involves such agency
in residential, commercial, or institutional solid wastes disposal
activities either in-house or by contract in amounts of 50 tons or more
per day (equivalent to 13,000 tons or more annually) after
implementation of other Federal guidelines for waste reduction and
source separation, and if the combined total of these solid wastes for
all Federal agencies within the SMSA is 100 tons or more per day
(equivalent to 26,000 tons or more annually) after implementation of
other Federal guidelines for waste reduction and source separation, all
Federal agencies within the SMSA shall establish or utilize one or more
resource recovery facilities to separate and recover materials or energy
or both from this solid waste. The agency that has jurisdiction over the
disposal of the largest quantity of residential, commercial, or
institutional solid wastes in the SMSA shall be designated the lead
agency by the Administrator of EPA in the resource recovery facility
planning process. The lead agency shall be responsible for planning,
organizing, and managing the joint resource recovery activities of the
agencies in the SMSA and shall report the compliance decision of the
agencies in the SMSA in accordance with Sec. 245.100 (f) or (i), as
appropriate, in a consolidated report. All other agencies in the SMSA
shall assist in planning such resource recovery activities.
(c) Agencies shall consult with appropriate State and local
agencies, and with concerned local citizens and environmental groups
prior to initiation of market analysis and facility design and
construction to determine what effects the project might have on local,
regional, and State solid waste management plans for the area and to
determine the extent of prior resource recovery planning for the area.
Resource recovery facilities established as a result of these guidelines
shall be compatible with such plans.
(d) Resource recovery facilities established or utilized as a result
of these guidelines shall be designed with a capacity sufficient to
process at least all of the residential, commercial, or institutional
solid wastes disposed of after
[[Page 321]]
implementation of other Federal guidelines for waste reduction and
source separation, by the agencies that have jurisdiction over the
Federal facilities that will utilize the resource recovery facility.
(e) Resource recovery facilities established or utilized as a result
of these guidelines shall be designed to process at least 65 percent by
wet weight of the input solid waste into recycled material, fuel, or
energy. Thus, the weight of the unmarketable residue shall be no more
than 35 percent by wet weight of the input solid waste. If inability to
meet the 65 percent criteria is based on circumstances as stated in
Sec. 245.100(i) then the processing percentage shall be as great as
practicable within those circumstances.
(f) An agency may determine, under Sec. 245.100(i) not to establish
or utilize a resource recovery facility when after appropriate analysis
it is determined that markets for recovered products are not available,
or that the cost of the resource recovery system would be so high as to
be economically impracticable.
[41 FR 41208, Sept. 21, 1976, as amended at 47 FR 36603, Aug. 20, 1982]
Sec. 245.200-2 Recommended procedures: Regionalization.
(a) Federal agencies that have jurisdiction over facilities within a
geographical area should enter into joint resource recovery ventures
among themselves and with nearby communities in order to maximize
economies of scale.
(b) If a community near a Federal facility operates or is planning
to construct a resource recovery facility, the Federal agency having
jurisdiction over that facility should participate as appropriate
relative to waste load in the financing, construction, and operation of
that facility.
Sec. 245.200-3 Recommended procedures: Planning techniques.
Planning for the implementation of a resource recovery facility
should be performed in a systematic manner. A series of reports have
been prepared by the Agency's Office of Solid Waste Management Programs.
The series, titled Resource Recovery Plant Implementation; Guides for
Municipal Officials, should be used as an aid in the planning phase.
(a) Planning and Overview (SW-157.1) provides a framework for the
overall planning phase.
(b) Preceding the selection of a specific resource recovery
technology, an investigation of markets should be made. Markets (SE-
157.3) lists the markets for the recovered materials and outlines steps
to be taken to secure those markets.
(c) The various resource recovery methods are covered in
Technologies (SW-157.2).
(d) The economic viability of a specific resource recovery facility
should be determined only after all costs are accounted for as outlined
in Accounting Format (SW-157.6).
(e) Other reports in this series are:
Financing SW-157.4
Procurement SW-157.5
Risks and Contracts SW-157.7
Further Assistance SW-157.8
These reports may be obtained from: Solid Waste Information Materials
Control Section, U.S. Environmental Protection Agency, Cincinnati, Ohio
45268.
PART 246--SOURCE SEPARATION FOR MATERIALS RECOVERY GUIDELINES--Table of Contents
Subpart A--General Provisions
Sec.
246.100 Scope.
246.101 Definitions.
Subpart B--Requirements and Recommended Procedures
246.200 High-grade paper recovery.
246.200-1 Requirements.
246.200-2 Recommended procedures: High-grade paper recovery from
smaller offices.
246.200-3 Recommended procedures: Market study.
246.200-4 Recommended procedures: Levels of separation.
246.200-5 Recommended procedures: Methods of separation and collection.
246.200-6 Recommended procedures: Storage.
246.200-7 Recommended procedures: Transportation.
[[Page 322]]
246.200-8 Recommended procedures: Cost analysis.
246.200-9 Recommended procedures: Contracts.
246.200-10 Recommended procedures: Public information and education.
246.201 Residential materials recovery.
246.201-1 Requirement.
246.201-2 Recommended procedures: Newsprint recovery from smaller
residential facilities.
246.201-3 Recommended procedures: Glass, can, and mixed paper
separation.
246.201-4 Recommended procedures: Market study.
246.201-5 Recommended procedures: Methods of separation and collection.
246.201-6 Recommended procedures: Transportation to market.
246.201-7 Recommended procedures: Cost analysis.
246.201-8 Recommended procedures: Contracts.
246.201-9 Recommended procedures: Public information and education.
246.202 Corrugated container recovery.
246.202-1 Requirement.
246.202-2 Recommended procedures: Corrugated container recovery from
smaller commercial facilities.
246.202-3 Recommended procedures: Market study.
246.202-4 Recommended procedures: Methods of separation and storage.
246.202-5 Recommended procedures: Transportation.
246.202-6 Recommended procedures: Cost analysis.
246.202-7 Recommended procedures: Establishment of purchase contract.
246.203 Reevaluation.
Appendix to Part 246--Recommended Bibliography
Authority: Secs. 1008 and 6004 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 6907, 6964).
Source: 41 FR 16952, Apr. 23, 1976, unless otherwise noted.
Subpart A--General Provisions
Sec. 246.100 Scope.
(a) These guidelines are applicable to the source separation of
residential, commercial, and institutional solid wastes. Explicitly
excluded are mining, agricultural, and industrial solid wastes;
hazardous wastes; sludges; construction and demolition wastes;
infectious wastes; classified waste.
(b) The ``Requirement'' sections contained herein delineate minimum
actions for Federal agencies for the recovery of resources from solid
waste through source separation. Pursuant to section 211 of the Solid
Waste Disposal Act, as amended, and Executive Order 11752 section 4(a),
the ``Requirement'' sections of these guidelines are mandatory for all
Federal agencies that generate solid waste. In addition, they are
recommended to State, interstate, regional, and local governments for
use in their activities.
(c) The ``Recommended Procedures'' sections are presented to suggest
actions or preferred methods by which the objectives of the requirements
can be realized. The ``Recommended Procedures'' are not mandatory for
Federal agencies.
(d) The Environmental Protection Agency will render technical
assistance in the form of sample cost analysis formats, sample bid
specifications, implementation guidance documents and other guidance to
Federal agencies when requested to do so, pursuant to section 3(d)1 of
Executive Order 11752.
(e) Within one year after the effective date of these guidelines,
agencies shall make a final determination as to what actions shall be
taken to adopt the requirements of these guidelines and shall, within
two months of such determination, submit to the Administrator a schedule
of such actions.
(f) Federal agencies that make the determination not to source
separate as described in Secs. 246.200-1, 246.201-1, and 246.202-1, for
whatever reason, shall make available to the Administrator the analysis
and rationale used in making that determination. The Administrator shall
publish notice of the availability of this report to the general public
in the Federal Register. The following are considered to be valid
reasons for not source separating under individual facts and
circumstances: inability to sell the recovered materials due to lack of
market, and costs so unreasonably high as to render source separation
for materials recovery economically impracticable.
(1) The following points are to be covered in the report:
(i) A description of alternative actions considered with emphasis on
those alternatives which involve source separation for materials
recovery.
[[Page 323]]
(ii) A description of ongoing actions which will be continued and
new actions taken or proposed. This statement should identify all agency
facilities which will be affected by these actions including a brief
description of how such facilities will be affected.
(iii) An analysis in support of the action chosen by the agency
including technical data, market studies, and policy considerations used
in arriving at such a determination.
In covering the points above, agencies should make every effort to
present information succinctly in a form easily understood, but in
sufficient detail so that the factors influencing the decision not to
source separate for materials recovery are clear.
(2) The above report shall be submitted to the Administrator as soon
as possible after a final agency determination has been made not to
adopt the requirements of these guidelines, but in no case later than
sixty days after such final determination. The Administrator will
indicate to the agency his concurrence/nonconcurrence with the agency's
decision, including his reason therefor.
(3) Implementation of actions that would preclude source separation
for materials recovery shall be deferred, for sixty days where feasible,
in order to give the Administrator an opportunity to receive, analyze
and seek clarification of the above required report.
(4) It is recommended that where the report required by
Sec. 246.100(f) concerns an action for which an Environmental Impact
Statement (EIS) is required by the National Environmental Policy Act,
that the report be circulated together with the EIS.
(g) The report required under Sec. 246.100(e) and (f) shall be made
on forms to be prescribed by the Administrator by notice in the Federal
Register.
[41 FR 16952, Apr. 23, 1976, as amended at 47 FR 36603, Aug. 20, 1982]
Sec. 246.101 Definitions.
As used in these guidelines:
(a) Agricultural solid waste means the solid waste that is generated
by the rearing of animals, and the producing and harvesting of crops or
trees.
(b) Baler means a machine used to compress solid wastes, primary
materials, or recoverable materials, with or without binding, to a
density or from which will support handling and transportation as a
material unit rather than requiring a disposable or reuseable container.
This specifically excludes briquetters and stationary compaction
equipment which is used to compact materials into disposable or
reuseable containers.
(c) Bulk container means a large container that can either be pulled
or lifted mechanically onto a service vehicle or emptied mechanically
into a service vehicle.
(d) Classified Waste means waste material that has been given
security classification in accordance with 50 U.S.C. 401 and Executive
Order 11652.
(e) Collection means the act of removing solid waste (or materials
which have been separated for the purpose of recycling) from a central
storage point.
(f) Commercial establishment means stores, offices, restaurants,
warehouses and other non-manufacturing activities.
(g) Commercial solid waste means all types of solid wastes generated
by stores, offices, restaurants, warehouses and other non-manufacturing
activities, and non-processing wastes such as office and packing wastes
generated at industrial facilities.
(h) Construction and demolition waste means the waste building
materials, packaging, and rubble resulting from construction,
remodeling, repair, and demolition operations on pavements, houses,
commercial buildings and other structures.
(i) Compartmentalized vehicle means a collection vehicle which has
two or more compartments for placement of solid wastes or recyclable
materials. The compartments may be within the main truck body or on the
outside of that body as in the form of metal racks.
(j) Corrugated container waste means discarded corrugated boxes.
(k) Corrugated box means a container for goods which is composed of
an inner
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fluting of material (corrugating medium) and one or two outer liners of
material (linerboard).
(l) Federal facility means any building, installation, structure,
land, or public work owned by or leased to the Federal Government. Ships
at sea, aircraft in the air, land forces on maneuvers, and other mobile
facilities are not considered Federal facilities for the purpose of
these guidelines. United States Government installations located on
foreign soil or on land outside the jurisdiction of the United States
Government are not considered Federal facilities for the purpose of
these guidelines.
(m) Food waste means the organic residues generated by the handling,
storage, sale, preparation, cooking, and serving of foods; commonly
called garbage.
(n) Generation means the act or process of producing solid waste.
(o) High-grade paper means letterhead, dry copy papers,
miscellaneous business forms, stationery, typing paper, tablet sheets,
and computer printout paper and cards, commonly sold as ``white
ledger,'' ``computer printout'' and ``tab card'' grade by the wastepaper
industry.
(p) Industrial solid waste means the solid waste generated by
industrial processes and manufacturing.
(q) Infectious waste means: (1) Equipment, instruments, utensils,
and fomites (any substance that may harbor or transmit pathogenic
organisms) of a disposable nature from the rooms of patients who are
suspected to have or have been diagnosed as having a communicable
disease and must, therefore, be isolated as required by public health
agencies; (2) laboratory wastes, such as pathological specimens (e.g.
all tissues, specimens of blood elements, excreta, and secretions
obtained from patients or laboratory animals) and disposable fomites
attendant thereto; (3) surgical operating room pathologic specimens and
disposable fomites attendant thereto and similar disposable materials
from outpatient areas and emergency rooms.
(r) Institutional solid waste means solid wastes generated by
educational, health care, correctional and other institutional
facilities.
(s) Mining wastes means residues which result from the extraction of
raw materials from the earth.
(t) Post-consumer waste (PCW) means a material or product that has
served its intended use and has been discarded for disposal or recovery
after passing through the hands of a final consumer.
(u) Recoverable resources means materials that still have useful
physical, chemical, or biological properties after serving their
original purpose and can, therefore, be reused or recycled for the same
or other purposes.
(v) Recovery means the process of obtaining materials or energy
resources from solid waste.
(w) Recycled material means a material that is used in place of a
primary, raw or virgin material in manufacturing a product.
(x) Recycling means the process by which recovered materials are
transformed into new products.
(y) Residential solid waste means the wastes generated by the normal
activities of households, including but not limited to, food wastes,
rubbish, ashes, and bulky wastes.
(z) Separate collection means collecting recyclable materials which
have been separated at the point of generation and keeping those
materials separate from other collected solid waste in separate
compartments of a single collection vehicle or through the use of
separate collection vehicles.
(aa) Sludge means the accumulated semiliquid suspension of settled
solids deposited from wastewaters or other fluids in tanks or basins. It
does not include solid or dissolved material in domestic sewage or other
significant pollutants in water resources, such as silt, dissolved
material in irrigation return flows or other common water pollutants.
(bb) Solid waste means garbage, refuse, sludge, and other discarded
solid materials, including solid waste materials resulting from
industrial, commercial, and agricultural operations, and from community
activities, but does not include solids or dissolved materials in
domestic sewage or other significant pollutants in water resources, such
as silt, dissolved or suspended solids in industrial wastewater
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effluents, dissolved materials in irrigation return flows or other
common water pollutants. Unless specifically noted otherwise, the term
``solid waste'' as used in these guidelines shall not include mining,
agricultural, and industrial solid wastes; hazardous wastes; sludges;
construction and demolition wastes; and infectious wastes.
(cc) Source separation means the setting aside of recyclable
materials at their point of generation by the generator.
(dd) Specification means a clear and accurate description of the
technical requirements for materials, products or services, identifying
the minimum requirements for quality and construction of materials and
equipment necessary for an acceptable product. In general,
specifications are in the form of written descriptions, drawings,
prints, commercial designations, industry standards, and other
descriptive references.
(ee) Stationary compactor means a powered machine which is designed
to compact solid waste or recyclable materials, and which remains
stationary when in operation.
(ff) Storage means the interim containment of solid waste after
generation and prior to collection for ultimate recovery or disposal.
(gg) Virgin material means a raw material used in manufacturing that
has been mined or harvested and has not as yet become a product.
Subpart B--Requirements and Recommended Procedures
Sec. 246.200 High-grade paper recovery.
Sec. 246.200-1 Requirements.
High-grade paper generated by office facilities of over 100 office
workers shall be separated at the source of generation, separately
collected, and sold for the purpose of recycling.
Sec. 246.200-2 Recommended procedures: High-grade paper recovery from smaller offices.
The recovery of high-grade paper generated by office facilities of
less than 100 office workers should be investigated in conformance with
the following recommended procedures and implemented where feasible.
Sec. 246.200-3 Recommended procedures: Market study.
An investigation of markets should be made by the organization
responsible for the sale of recyclable materials in each Federal agency
and should include at a minimum:
(a) Identifying potential purchasers of the recovered paper through
standard market research techniques;
(b) Directly contacting buyers, and determining the buyers' quality
specifications, the exact types of paper to be recycled, potential
transportation agreements and any minimum quantity criteria; and
(c) Determining the price that the buyer will pay for the recovered
paper and the willingness of the buyer to sign a contract for purchase
of the paper at a guaranteed minimum price.
Sec. 246.200-4 Recommended procedures: Levels of separation.
A two-level separation is recommended for most facilities. This
separation should consist of (a) high-grade wastepaper and (b) all other
waste. Facilities that produce large enough quantities of waste computer
paper and cards to make their separation into a separate category cost
effective may choose to implement three levels of separation: (1)
Computer papers, (2) other high-grade papers, (3) all other wastes.
Sec. 246.200-5 Recommended procedures: Methods of separation and collection.
(a) Systems designed to recover high grades of office paper at the
source of generation, i.e., the desk, are the desktop system, the two-
wastebasket system, and the office centralized container system.
(b) With the desk-top system, recyclable paper is placed by the
generator in a container on his desk, while other waste is placed in a
wastebasket. With the two-wastebasket system, recyclable paper is placed
by the generator in one desk-side wastebasket, and all other waste is
placed in another. In the centralized container system, large
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containers for the collection of recyclables are placed in centralized
locations within the office areas of the building. Nonrecyclable waste
is placed in desk-side wastebaskets.
(c) The recommended system is the desk-top system because it is
designed to maximize recovery of high value material in an economically
feasible manner. While the two-wastebasket system and centralized
container system have been implemented with success in isolated
instances, data indicate that, on the whole, these systems have
experienced high levels of contamination, low levels of participation,
and low revenues. The desk-top system has been designed to minimize
these problems.
(d) The precise method of separation and collection used to
implement the desk-top system will depend upon such things as the
physical layout of the individual facility, the ease of collection, and
the projected cost effectiveness of using various methods. The
recommended desk-top system is carried out in the following manner:
(1) Workers are to deposit high-grade paper into a desk-top tray or
other small desk-top holder to be supplied by the agency. This holder
should be designed in such a way as to prevent it holding contaminants,
such as food or beverage containers.
(2) At the office worker's convenience or when the tray is filled,
the worker carries the paper to a conveniently located bulk container
within the office area. This large container should be located in an
area the worker frequents in the normal course of business.
(3) In locations where computer cards and printouts are to be
collected separately, the receptacle for these wastes should be near the
computer terminal or in some other logical, centrally located place.
(4) Collection of the high-grade paper from the bulk containers in
the office area should be performed by the janitorial or general
maintenance service.
The number of locations and the frequency of collection of these
containers will be determined by office size and maintenance staff
capacity.
(e) Mixed paper and some high-grade office papers have also been
recovered for recycling by hand-picking in an individual building's
trash room or at a centralized facility serving several buildings. With
these hand-picking systems, recyclable waste is not separated at the
source of generation, but is mixed with other waste in the usual manner
and removed to a centralized location where recyclable paper is picked
out of the mixed waste by hand. Facilities may choose to use this method
of high-grade paper recovery if it is shown by analysis to be
economically preferable to source separation.
Sec. 246.200-6 Recommended procedures: Storage.
Among the alternatives for paper storage are on-site bailing, the
use of stationary compactors, or storage in corrugated boxes or normal
waste containers. Stored paper should be protected from fire, inclement
weather, theft, and vandalism.
Sec. 246.200-7 Recommended procedures: Transportation.
Transportation to market may be supplied by the facility, by a
private hauler, or by the purchaser. Collection of the recyclable paper
should be on a regular, established schedule.
Sec. 246.200-8 Recommended procedures: Cost analysis.
After potential markets have been located (but prior to initiation
of formal bidding procedures), preliminary determinations of various
separation methods, storage, and transportation costs have been made,
and estimated tonnages of both recoverable high-grade paper and residual
solid waste have been established, an analysis should be conducted which
compares the costs of the present waste collection and disposal system
with the proposed segregated systems. At a minimum, the study should
include all capital, operating and overhead costs and take into account
credits for revenue from paper sales and savings from diverting recycled
materials from disposal. Potential costs to upgrade collection and
disposal practices to comply with EPA's Guidelines for the Storage and
Collection of Residential, Commercial and Institutional Solid Wastes (40
CFR part 243) and Thermal Processing and Land
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Disposal Guidelines (40 CFR parts 240 and 241) should be included in the
analysis. In formulating a separation system and evaluating its costs,
every effort should be made to use janitorial and waste collection
resources efficiently. This cost analysis should enable the facility to
determine the most cost effective method of implementing the requirement
of this part.
Sec. 246.200-9 Recommended procedures: Contracts.
Formal bids should be requested for purchase of the recovered
materials, such bids being solicited in conformance with bidding
procedures established for the responsible agency. Contracts should
include the buyer's quality specifications, quantity and transportation
agreements, a guarantee that the material will be accepted for one year
or more, and a guaranteed minimum purchase price.
Sec. 246.200-10 Recommended procedures: Public information and education.
A well-organized and well-executed public information and education
program explaining the justification, goals, methods and level of
separation should be conducted to inform and motivate office personnel
and secure their cooperation in separating their waste. This public
information and education program should precede the program and
continue on a regular basis for its duration.
Sec. 246.201 Residential materials recovery.
Sec. 246.201-1 Requirement.
Separation of used newspapers at the source of residential
generation in conjunction with separate collection shall be carried out
at all facilities in which more than 500 families reside, and the
newspapers shall be sold for the purpose of recycling.
Sec. 246.201-2 Recommended procedures: Newsprint recovery from smaller residential facilities.
The recovery of newsprint generated by residential facilities of
less than 500 families should be investigated in conformance with the
following recommended procedures and implemented where feasible.
Sec. 246.201-3 Recommended procedures: Glass, can, and mixed paper separation.
In areas where markets are available, it is recommended that glass,
cans, and mixed paper be separated at the source of generation and
separately collected for the purpose of recycling.
Sec. 246.201-4 Recommended procedures: Market study.
An investigation of markets should be made for each material by the
organization responsible for sale of recyclable materials in each agency
and should include at a minimum:
(a) Identifying potential purchasers of the recovered material
through standard market research techniques.
(b) Directly contacting buyers and determining the buyers' quality
specifications, potential transportation agreements and any minimum
quantity criteria.
(c) Determining the prices that the buyer will pay for the recovered
material and the willingness of the buyer to sign a contract for the
purchase of the material at guaranteed minimum prices.
Sec. 246.201-5 Recommended procedures: Methods of separation and collection.
Following separation within the home, any of the following methods
of collection may be used:
(a) Materials may be placed at the curbside by the resident and may
be collected from each household using separate trucks or
compartmentalized vehicles.
(b) For multi-family dwellings, separated materials may be placed in
bulk containers located outside of the building and collected by trucks
dispatched to collect recyclables.
(c) Collection stations may be set up at convenient locations to
which residents bring recyclables. These stations should provide
separate bulk containers for each item to be recycled. The size and type
of container will depend
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on the volume and type of material collected, the method of
transportation to be used in hauling the materials to market and the
frequency of removal.
Sec. 246.201-6 Recommended procedures: Transportation to market.
Transportation to market may be supplied by the facility or the
community generating the waste, by a private hauler, or by the
purchaser.
Sec. 246.201-7 Recommended procedures: Cost analysis.
After potential markets have been located (but prior to initiation
of formal bidding procedures), preliminary determinations of various
separation methods, storage and transportation costs have been made, and
estimated tonnages of both recoverable materials and residual solid
waste have been established, an analysis should be conducted which
compares the costs of the present waste collection and disposal system
with the proposed segregated systems. At a minimum this study should
include all capital, operating and overhead costs and take into account
credits for revenue from paper sales and savings from diverting recycled
materials from disposal. Potential costs to upgrade collection and
disposal practices to comply with EPA's Guidelines for the Storage and
Collection of Residential, Commercial and Institutional Solid Wastes (40
CFR part 243) and Thermal Processing and Land Disposal Guidelines (40
CFR parts 240 and 241) should be included in the analysis. In
formulating a separate collection system and evaluating its costs, every
effort should be made to use idle equipment and underutilized collection
manpower to reduce separate collection costs. This cost analysis should
enable the facility to determine the most cost effective method if
implementing the requirements of this part.
Sec. 246.201-8 Recommended procedures: Contracts.
Formal bids should be requested for purchase of the recovered
materials, such bids being solicited in conformance with bidding
procedures established for the responsible jurisdiction. Contracts
should include the buyer's quality specifications, quantity and
transportation agreements, a guarantee that the material will be
accepted for one year or more and a guaranteed minimum purchase price.
Sec. 246.201-9 Recommended procedures: Public information and education.
A well organized and well executed public information and education
program explaining the justification, goals, methods and level of
separation should be conducted to inform and motivate householders and
to secure their cooperation in separating their waste. This public
information and education program should precede the program and
continue on a regular basis for its duration.
Sec. 246.202 Corrugated container recovery.
Sec. 246.202-1 Requirement.
Any commercial establishment generating 10 or more tons of waste
corrugated containers per month shall separately collect and sell this
material for the purpose of recycling.
Sec. 246.202-2 Recommended procedures: Corrugated container recovery from smaller commercial facilities.
The recovery of corrugated containers from commercial facilities
generating less than 10 tons per month should be investigated in
conformance with the following recommended procedures and implemented
where feasible.
Sec. 246.202-3 Recommended procedures: Market study.
An investigation of markets should be made by the organization
responsible for sale of recyclable material in each Federal agency and
should include at a minimum:
(a) Identifying potential purchasers of the recovered corrugated
through standard market research techniques.
(b) Directly contacting buyers and determining the buyers' quality
specifications, potential transportation agreements and any minimum
quantity criteria.
(c) Determining the price that the buyer will pay for the recovered
corrugated and the willingness of the
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buyer to sign a contract for purchase of the paper at a guaranteed
minimum price.
Sec. 246.202-4 Recommended procedures: Methods of separation and storage.
The method selected will depend upon such variables as the physical
layout of the individual generating facility, the rate at which the
corrugated accumulates, the storage capacity of the facility, and the
projected cost-effectiveness of using the various methods. All of the
following suggested modes of separation and storage presuppose that the
corrugated boxes will be accumulated at a central location in the
facility after their contents are removed and that the boxes are
flattened.
(a) Balers of various sizes: Corrugated boxes are placed in balers
and compacted into bales. These bales may be stored inside or outside of
the facility. The bales should be protected from fire, inclement
weather, theft, and vandalism.
(b) Stationary compactors or bulk containers: Corrugated boxes are
placed in a stationary compactor or bulk containers outside of the
facility. The containers should be protected from fire, inclement
weather, theft and vandalism.
Sec. 246.202-5 Recommended procedures: Transportation.
Transportation to market may be supplied by either the facility, a
private hauler or the purchaser. In facilities to which goods are
delivered from a central warehouse, corrugated may be backhauled by
delivery trucks to the central facility and baled there for delivery to
a user.
Sec. 246.202-6 Recommended procedures: Cost analysis.
After potential markets have been identified (but prior to
initiation of formal bidding), preliminary determinations of various
separation methods, storage and transportation costs have been made, and
estimated tonnages of both recoverable material and residual solid waste
have been established, an analysis should be conducted which compares
the costs of the present waste collection and disposal system with the
proposed segregated systems. At a minimum, the study should include all
capital, operating and overhead costs and take into account credits for
revenue from paper sales and savings from diverting recycled materials
from disposal. Potential costs to upgrade collection and disposal
practices to comply with EPA's Guidelines for the Storage and Collection
of Residential, Commercial and Institutional Solid Wastes (40 CFR part
243) and Thermal Processing and Land Disposal Guidelines (40 CFR parts
240 and 241) should be included in the analysis. This cost analysis
should enable the facility to determine the most cost effective method
of implementing these guidelines.
Sec. 246.202-7 Recommended procedures: Establishment of purchase contract.
Formal bids should be requested for purchase of the recovered
materials, such bids being solicited in conformance with bidding
procedures established for the responsible agency. Contracts should
include the buyer's quality specifications, transportation agreements, a
guarantee that the material will be accepted for one year or more and a
guaranteed minimum purchase price.
Sec. 246.203 Reevaluation.
Appendix to Part 246--Recommended Bibliography
Belknap, M. Paper recycling: a business perspective. Subcommittee on
Solid Waste, New York Chamber of Commerce Publication, September 1972.
Dane, S. The national buyer's guide to recycled paper. Environmental
Educators, Inc. Publication. Washington, 1973. 208 p.
Davis, R. H., and P. Hansen. A new look at the economics of separate
refuse collection. SCS Engineers, Inc. report. Long Beach, California,
April 1974. 22 p.
Hansen, P. Residential paper recovery--a municipal implementation guide.
Environmental Protection Publication SW-155. Washington, U.S. Government
Printing Office, 1975. 26 p.
Hansen, P. Solid waste recycling projects--a national directory.
Environmental Protection Publication SW-45. Washington, U.S. Government
Printing Office, 1973. 284 p.
[[Page 330]]
Lingle, S. A. Paper recycling in the United States. Washington, U.S.
Environmental Protection Publication, August 1974. 22 p.
Lingle, S. A. Separating paper at the waste source for recycling.
Environmental Protection Publication SW-128. Washington, U.S. Government
Printing Office, 1974. 16 p.
Office of Solid Waste Management Programs. Third report to Congress;
resource recovery and waste reduction. Environmental Protection
Publication SW-161. Washington, U.S. Government Printing Office, 1975.
96 p.
Paper Stock Conservation Committee. Wastepaper recycling. American Paper
Institute, Inc. Publication. New York, New York. 12 p.
SCS Engineers, Inc. Analysis of source separate collection of recyclable
solid waste collection center studies. Environmental Protection
Publication SW-95c.2. U.S. Environmental Protection Agency, 1974. 70 p.
(Distributed by National Technical Information Service, Springfield,
Virginia, as PB-239 776.)
SCS Engineers, Inc. Analysis of source separate collection of recyclable
solid waste; office buildings. U.S. Environmental Protection Agency,
1976. (To be distributed by National Technical Information Service,
Springfield, Virginia.)
SCS Engineers, Inc. Analysis of source separate collection of recyclable
solid waste; separate collection studies. Environmental Protection
Publication SW-95c.i. U.S. Environmental Protection Agency, 1974. 157 p.
(Distributed by National Technical Information Service, Springfield,
Virginia, as PB-239 775.)
Smith, F. L. An analysis of wastepaper exports. Washington, U.S.
Environmental Protection Publication SW-132, 1974. 17 p.
PART 247--COMPREHENSIVE PROCUREMENT GUIDELINE FOR PRODUCTS CONTAINING RECOVERED MATERIALS--Table of Contents
Subpart A--General
Sec.
247.1 Purpose and scope.
247.2 Applicability.
247.3 Definitions.
247.4 Contracting officer requirements.
247.5 Specifications.
247.6 Affirmative procurement programs.
247.7 Effective date.
Subpart B--Item Designations
247.10 Paper and paper products.
247.11 Vehicular products.
247.12 Construction products.
247.13 Transportation products.
247.14 Park and recreation products.
247.15 Landscaping products.
247.16 Non-paper office products.
247.17 Miscellaneous products. [Reserved]
Authority: 42 U.S.C. 6912(a) and 6962; E.O. 12873, 58 FR 54911.
Source: 60 FR 21381, May 1, 1995, unless otherwise noted.
Subpart A--General
Sec. 247.1 Purpose and scope.
(a) The purpose of this guideline is to assist procuring agencies in
complying with the requirements of section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act
of 1976 (RCRA), as amended, 42 U.S.C. 6962, and Executive Order 12873,
as they apply to the procurement of the items designated in subpart B of
this part.
(b) This guideline designates items that are or can be made with
recovered materials and whose procurement by procuring agencies will
carry out the objectives of section 6002 of RCRA. EPA's recommended
practices with respect to the procurement of specific designated items
are found in the companion Recovered Materials Advisory Notice(s).
(c) EPA believes that adherence to the recommendations in the
Recovered Materials Advisory Notice(s) constitutes compliance with RCRA
section 6002. However, procuring agencies may adopt other types of
procurement programs consistent with RCRA section 6002.
Sec. 247.2 Applicability.
(a)(1) This guideline applies to all procuring agencies and to all
procurement actions involving items designated by EPA in this part,
where the procuring agency purchases $10,000 or more worth of one of
these items during the course of a fiscal year, or where the cost of
such items or of functionally equivalent items purchased during the
preceding fiscal year was $10,000 or more.
(2) This guideline applies to Federal agencies, to State and local
agencies using appropriated Federal funds to procure designated items,
and to persons contracting with any such agencies with respect to work
performed
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under such contracts. Federal procuring agencies should note that the
requirements of RCRA section 6002 apply to them whether or not
appropriated Federal funds are used for procurement of designated items.
(3) The $10,000 threshold applies to procuring agencies as a whole
rather than to agency subgroups such as regional offices or subagencies
of a larger department or agency.
(b) The term ``procurement actions'' includes:
(1) Purchases made directly by a procuring agency and purchases made
directly by any person (e.g., a contractor) in support of work being
performed for a procuring agency, and
(2) Any purchases of designated items made ``indirectly'' by a
procuring agency, as in the case of procurements resulting from grants,
loans, funds, and similar forms of disbursements of monies.
(c)(1) This guideline does not apply to purchases of designated
items which are unrelated to or incidental to Federal funding, i.e., not
the direct result of a contract or agreement with, or a grant, loan, or
funds disbursement to, a procuring agency.
(2) This guideline also does not apply to purchases made by private
party recipients (e.g., individuals, non-profit organizations) of
Federal funds pursuant to grants, loans, cooperative agreements, and
other funds disbursements.
Sec. 247.3 Definitions.
As used in this procurement guideline and the related Recovered
Materials Advisory Notice(s):
Act or RCRA means the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act, as amended, 42 U.S.C 6901 et
seq;
Blanket insulation means relatively flat and flexible insulation in
coherent sheet form, furnished in units of substantial area. Batt
insulation is included in this term;
Board insulation means semi-rigid insulation preformed into
rectangular units having a degree of suppleness, particularly related to
their geometrical dimensions;
Building insulation means a material, primarily designed to resist
heat flow, which is installed between the conditioned volume of a
building and adjacent unconditioned volumes or the outside. This term
includes but is not limited to insulation products such as blanket,
board, spray-in-place, and loose-fill that are used as ceiling, floor,
foundation, and wall insulation;
Cellulose fiber loose-fill means a basic material of recycled wood-
based cellulosic fiber made from selected paper, paperboard stock, or
ground wood stock, excluding contaminated materials which may reasonably
be expected to be retained in the finished product, with suitable
chemicals introduced to provide properties such as flame resistance,
processing and handling characteristics. The basic cellulosic material
may be processed into a form suitable for installation by pneumatic or
pouring methods;
Engine lubricating oils means petroleum-based oils used for reducing
friction in engine parts;
Federal agency means any department, agency, or other
instrumentality of the Federal government; any independent agency or
establishment of the Federal government including any government
corporation; and the Government Printing Office;
Fiberglass insulation means insulation which is composed principally
of glass fibers, with or without binders;
Foam-in-place insulation is rigid cellular foam produced by
catalyzed chemical reactions that hardens at the site of the work. The
term includes spray-applied and injected applications such as spray-in-
place foam and pour-in-place;
Gear oils means petroleum-based oils used for lubricating machinery
gears;
Hydraulic fluids means petroleum-based hydraulic fluids;
Hydraulic mulch means a mulch that is a cellulose-based (paper or
wood) protective covering that is mixed with water and applied through
mechanical spraying in order to aid the germination of seeds and to
prevent soil erosion;
Hydroseeding means the process of spraying seeds mixed with water
through a mechanical sprayer (hydroseeder). Hydraulic mulch, fertilizer,
a tacking agent, or a wetting agent can also be added to the water/seed
mix for enhanced performance;
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Laminated paperboard means board made from one or more plies of
kraft paper bonded together, with or without facers, that is used for
decorative, structural, or insulating purposes;
Loose-fill insulation means insulation in granular, nodular,
fibrous, powdery, or similar form, designed to be installed by pouring,
blowing or hand placement;
Mineral fiber insulation means insulation (rock wool or fiberglass)
which is composed principally of fibers manufactured from rock, slag or
glass, with or without binders;
Paper means one of two broad subdivisions of paper products, the
other being paperboard. Paper is generally lighter in basis weight,
thinner, and more flexible than paperboard. Sheets 0.012 inch or less in
thickness are generally classified as paper. Its primary uses are for
printing, writing, wrapping, and sanitary purposes. However, in this
guideline, the term paper is also used as a generic term that includes
both paper and paperboard.
Paper product means any item manufactured from paper or paperboard.
The term paper product is used in this guideline to distinguish such
items as boxes, doilies, and paper towels from printing and writing
papers.
Perlite composite board means insulation board composed of expanded
perlite and fibers formed into rigid, flat, rectangular units with a
suitable sizing material incorporated in the product. It may have on one
or both surfaces a facing or coating to prevent excessive hot bitumen
strike-in during roofing installation;
Person means an individual, trust, firm, joint stock company,
corporation (including a government corporation), partnership,
association, Federal agency, State, municipality, commission, political
subdivision of a State, or any interstate body;
Phenolic insulation means insulation made with phenolic plastics
which are plastics based on resins made by the condensation of phenols,
such as phenol or cresol, with aldehydes;
Polyisocyanurate insulation means insulation produced principally by
the polymerization of polymeric polyisocyanates, usually in the presence
of polyhydroxyl compounds with the addition of cell stabilizers, blowing
agents, and appropriate catalyst to produce a polyisocyanurate chemical
structure;
Polystyrene insulation means an organic foam composed principally of
polymerized styrene resin processed to form a homogenous rigid mass of
cells;
Polyurethane insulation means insulation composed principally of the
catalyzed reaction product of polyisocyanates and polyhydroxyl
compounds, processed usually with a blowing agent to form a rigid foam
having a predominantly closed cell structure;
Postconsumer material means a material or finished product that has
served its intended use and has been diverted or recovered from waste
destined for disposal, having completed its life as a consumer item.
Postconsumer material is a part of the broader category of recovered
materials.
Postconsumer recovered paper means:
(1) Paper, paperboard and fibrous wastes from retail stores, office
buildings, homes and so forth, after they have passed through their end-
usage as a consumer item including: Used corrugated boxes; old
newspapers; old magazines; mixed waste paper; tabulating cards and used
cordage; and
(2) All paper, paperboard and fibrous wastes that enter and are
collected from municipal solid waste;
Practicable means capable of being used consistent with: Performance
in accordance with applicable specifications, availability at a
reasonable price, availability within a reasonable period of time, and
maintenance of a satisfactory level of competition;
Procurement item means any device, good, substance, material,
product, or other item, whether real or personal property, which is the
subject of any purchase, barter, or other exchange made to procure such
item;
Procuring agency means any Federal agency, or any State agency or
agency of a political subdivision of a State, which is using
appropriated Federal funds for such procurement, or any person
contracting with any such agency with respect to work performed under
such contract;
[[Page 333]]
Purchasing means the act of and the function of responsibility for
the acquisition of equipment, materials, supplies, and services,
including: Buying, determining the need, selecting the supplier,
arriving at a fair and reasonable price and terms and conditions,
preparing the contract or purchase order, and follow-up;
Recovered materials means waste materials and byproducts which have
been recovered or diverted from solid waste, but such term does not
include those materials and byproducts generated from, and commonly
reused within, an original manufacturing process;
Recovered materials, for purposes of purchasing paper and paper
products, means waste material and byproducts that have been recovered
or diverted from solid waste, but such term does not include those
materials and byproducts generated from, and commonly reused within, an
original manufacturing process. In the case of paper and paper products,
the term recovered materials includes:
(1) Postconsumer materials such as--
(i) Paper, paperboard, and fibrous wastes from retail stores, office
buildings, homes, and so forth, after they have passed through their
end-usage as a consumer item, including: Used corrugated boxes; old
newspapers; old magazines; mixed waste paper; tabulating cards; and used
cordage; and
(ii) All paper, paperboard, and fibrous wastes that enter and are
collected from municipal solid waste, and
(2) Manufacturing, forest residues, and other wastes such as--
(i) Dry paper and paperboard waste generated after completion of the
papermaking process (that is, those manufacturing operations up to and
including the cutting and trimming of the paper machine reel in smaller
rolls of rough sheets) including: Envelope cuttings, bindery trimmings,
and other paper and paperboard waste, resulting from printing, cutting,
forming, and other converting operations; bag, box, and carton
manufacturing wastes; and butt rolls, mill wrappers, and rejected unused
stock; and
(ii) Finished paper and paperboard from obsolete inventories of
paper and paperboard manufacturers, merchants, wholesalers, dealers,
printers, converters, or others;
(iii) Fibrous byproducts of harvesting, manufacturing, extractive,
or wood-cutting processes, flax, straw, linters, bagasse, slash, and
other forest residues;
(iv) Wastes generated by the conversion of goods made from fibrous
material (that is, waste rope from cordage manufacture, textile mill
waste, and cuttings); and
(v) Fibers recovered from waste water which otherwise would enter
the waste stream.
Re-refined oils means used oils from which the physical and chemical
contaminants acquired through previous use have been removed through a
refining process;
Retread tire means a worn automobile, truck, or other motor vehicle
tire whose tread has been replaced;
Rock wool insulation means insulation which is composed principally
from fibers manufactured from slag or natural rock, with or without
binders;
Specification means a description of the technical requirements for
a material, product, or service that includes the criteria for
determining whether these requirements are met. In general,
specifications are in the form of written commercial designations,
industry standards, and other descriptive references;
Spray-in-place insulation means insulation material that is sprayed
onto a surface or into cavities and includes cellulose fiber spray-on as
well as plastic rigid foam products;
Spray-in-place foam is rigid cellular polyurethane or
polyisocyanurate foam produced by catalyzed chemical reactions that
hardens at the site of the work. The term includes spray-applied and
injected applications;
State means any of the several states, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands;
Structural fiberboard means a fibrous-felted, homogenous panel made
from lignocellulosic fibers (usually wood, cane, or paper) and having a
density of less than 31 lbs/ft\3\ but more than 10 lbs/ft\3\. It is
characterized by an integral
[[Page 334]]
bond which is produced by interfelting of the fibers, but which has not
been consolidated under heat or pressure as a separate stage of
manufacture;
Tire means the following types of tires: Passenger car tires, light-
and heavy-duty truck tires, high-speed industrial tires, bus tires, and
special service tires (including military, agricultural, off-the-road,
and slow-speed industrial);
Sec. 247.4 Contracting officer requirements.
Within one year after the effective date of each item designation,
contracting officers shall require that vendors:
(a) Certify that the percentage of recovered materials to be used in
the performance of the contract will be at least the amount required by
applicable specifications or other contractual requirements, and
(b) Estimate the percentage of total material utilized for the
performance of the contract which is recovered materials.
Sec. 247.5 Specifications.
(a) RCRA section 6002(d)(1) required Federal agencies that have the
responsibility for drafting or reviewing specifications for procurement
items procured by Federal agencies to revise their specifications by May
8, 1986, to eliminate any exclusion of recovered materials and any
requirement that items be manufactured from virgin materials.
(b) RCRA section 6002(d)(2) requires that within one year after the
publication date of each item designation by the EPA, each procuring
agency must assure that its specifications for these items require the
use of recovered materials to the maximum extent possible without
jeopardizing the intended end use of these items.
Sec. 247.6 Affirmative procurement programs.
RCRA section 6002(i) provides that each procuring agency which
purchases items designated by EPA must establish an affirmative
procurement program, containing the four elements listed below, for
procuring such items containing recovered materials to the maximum
extent practicable:
(a) Preference program for purchasing the designated items;
(b) Promotion program;
(c) Procedures for obtaining estimates and certifications of
recovered materials content and for verifying the estimates and
certifications; and
(d) Annual review and monitoring of the effectiveness of the
program.
Sec. 247.7 Effective date.
Within one year after the date of publication of any item
designation, procuring agencies which purchase that designated item must
comply with the following requirements of RCRA: affirmative procurement
of the designated item (6002(c)(1) and (i)), specifications revision
(6002(d)(2)), vendor certification and estimation of recovered materials
content of the item (6002(c)(3) and (i)(2)(C)), and verification of
vendor estimates and certifications (6002(i)(2)C)).
Subpart B--Item Designations
Sec. 247.10 Paper and paper products.
Paper and paper products, excluding building and construction paper
grades.
Sec. 247.11 Vehicular products.
(a) Lubricating oils containing re-refined oil, including engine
lubricating oils, hydraulic fluids, and gear oils, excluding marine and
aviation oils.
(b) Tires, excluding airplane tires.
(c) Reclaimed engine coolants, excluding coolants used in non-
vehicular applications.
Sec. 247.12 Construction products.
(a) Building insulation products, including the following items:
(1) Loose-fill insulation, including but not limited to cellulose
fiber, mineral fibers (fiberglass and rock wool), vermiculite, and
perlite;
(2) Blanket and batt insulation, including but not limited to
mineral fibers (fiberglass and rock wool);
(3) Board (sheathing, roof decking, wall panel) insulation,
including but not limited to structural fiberboard and laminated
paperboard products, perlite composite board, polyurethane,
[[Page 335]]
polyisocyanurate, polystyrene, phenolics, and composites; and
(4) Spray-in-place insulation, including but not limited to foam-in-
place polyurethane and polyisocyanurate, and spray-on cellulose.
(b) Structural fiberboard and laminated paperboard products for
applications other than building insulation, including building board,
sheathing, shingle backer, sound deadening board, roof insulating board,
insulating wallboard, acoustical and non-acoustical ceiling tile,
acoustical and non-acoustical lay-in panels, floor underlayments, and
roof overlay (coverboard).
(c) Cement and concrete, including concrete products such as pipe
and block, containing coal fly ash or ground granulated blast furnace
(GGBF) slag.
(d) Carpet made of polyester fiber for use in low- and medium-wear
applications.
(e) Floor tiles and patio blocks containing recovered rubber or
plastic.
Sec. 247.13 Transportation products.
Traffic barricades and traffic cones used in controlling or
restricting vehicular traffic.
Sec. 247.14 Park and recreation products.
Playground surfaces and running tracks containing recovered rubber
or plastic.
Sec. 247.15 Landscaping products.
(a) Hydraulic mulch products containing recovered paper or recovered
wood used for hydroseeding and as an over-spray for straw mulch in
landscaping, erosion control, and soil reclamation.
(b) Compost made from yard trimmings, leaves, and/or grass clippings
for use in landscaping, seeding of grass or other plants on roadsides
and embankments, as a nutritious mulch under trees and shrubs, and in
erosion control and soil reclamation.
Sec. 247.16 Non-paper office products.
(a) Office recycling containers and office waste receptacles.
(b) Plastic desktop accessories.
(c) Toner cartridges.
(d) Binders.
(e) Plastic trash bags.
Sec. 247.17 Miscellaneous products. [Reserved]
PART 254--PRIOR NOTICE OF CITIZEN SUITS--Table of Contents
Sec.
254.1 Purpose.
254.2 Service of notice.
254.3 Contents of notice.
Authority: Sec. 7002, Pub. L. 94-580, 90 Stat. 2825 (42 U.S.C.
6972).
Source: 42 FR 56114, Oct. 21, 1977, unless otherwise noted.
Sec. 254.1 Purpose.
Section 7002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976, authorizes suit by any
person to enforce the Act. These suits may be brought where there is
alleged to be a violation by any person (including (a) the United
States, and (b) any other governmental instrumentality or agency, to the
extent permitted by the eleventh amendment to the Constitution) of any
permit, standard, regulation, condition, requirement, or order which has
become effective under the Act, or a failure of the Administrator to
perform any act or duty under the Act, which is not discretionary with
the Administrator. These actions are to be filed in accordance with the
rules of the district court in which the action is instituted. The
purpose of this part is to prescribe procedures governing the notice
requirements of subsections (b) and (c) of section 7002 as a
prerequisite to the commencement of such actions.
Sec. 254.2 Service of notice.
(a) Notice of intent to file suit under subsection 7002(a)(1) of the
Act shall be served upon an alleged violator of any permit, standard,
regulation, condition, requirement, or order which has become effective
under this Act in the following manner:
(1) If the alleged violator is a private individual or corporation,
service of notice shall be accomplished by registered mail, return
receipt requested, addressed to, or by personal service
[[Page 336]]
upon, the owner or site manager of the building, plant, installation, or
facility alleged to be in violation. A copy of the notice shall be
mailed to the Administrator of the Environmental Protection Agency, the
Regional Administrator of the Environmental Protection Agency for the
region in which the violation is alleged to have occurred, and the chief
administrative officer of the solid waste management agency for the
State in which the violation is alleged to have occurred. If the alleged
violator is a corporation, a copy of the notice shall also be mailed to
the registered agent, if any, of that corporation in the State in which
such violation is alleged to have occurred.
(2) If the alleged violator is a State or local agency, service of
notice shall be accomplished by registered mail, return receipt
requested, addressed to, or by personal service upon, the head of that
agency. A copy of the notice shall be mailed to the chief administrator
of the solid waste management agency for the State in which the
violation is alleged to have occurred, the Administrator of the
Environmental Protection Agency, and the Regional Administrator of the
Environmental Protection Agency for the region in which the violation is
alleged to have occurred.
(3) If the alleged violator is a Federal agency, service of notice
shall be accomplished by registered mail, return receipt requested,
addressed to, or by personal service upon, the head of the agency. A
copy of the notice shall be mailed to the Administrator of the
Environmental Protection Agency, the Regional Administrator of the
Environmental Protection Agency for the region in which the violation is
alleged to have occurred, the Attorney General of the United States, and
the chief administrative officer of the solid waste management agency
for the State in which the violation is alleged to have occurred.
(b) Service of notice of intent to file suit under subsection
7002(a)(2) of the Act shall be accomplished by registered mail, return
receipt requested, addressed to, or by personal service upon, the
Administrator, Environmental Protection Agency, Washington, DC 20460. A
copy of the notice shall be mailed to the Attorney General of the United
States.
(c) Notice given in accordance with the provisions of this part
shall be considered to have been served on the date of receipt. If
service was acomplished by mail, the date of receipt will be considered
to be the date noted on the return receipt card.
Sec. 254.3 Contents of notice.
(a) Violation of permit, standard, regulation, condition,
requirement, or order. Notice regarding an alleged violation of a
permit, standard, regulation, condition, requirement, or order which has
become effective under this Act shall include sufficient information to
permit the recipient to identify the specific permit, standard,
regulation, condition, requirement, or order which has allegedly been
violated, the activity alleged to constitute a violation, the person or
persons responsible for the alleged violation, the date or dates of the
violation, and the full name, address, and telephone number of the
person giving notice.
(b) Failure to act. Notice regarding an alleged failure of the
Administrator to perform an act or duty which is not discretionary under
the Act shall identify the provisions of the Act which require such act
or create such duty, shall describe with reasonable specificity the
action taken or not taken by the Administrator which is claimed to
constitute a failure to perform the act or duty, and shall state the
full name, address, and telephone number of the person giving the
notice.
(c) Identification of counsel. The notice shall state the name,
address, and telephone number of the legal counsel, if any, representing
the person giving the notice.
PART 255--IDENTIFICATION OF REGIONS AND AGENCIES FOR SOLID WASTE MANAGEMENT--Table of Contents
Subpart A--General Provisions
Sec.
255.1 Scope and purpose.
255.2 Definitions.
[[Page 337]]
Subpart B--Criteria for Identifying Regions and Agencies
255.10 Criteria for identifying regions.
255.11 Criteria for identifying agencies.
Subpart C--Procedures for Identifying Regions and Agencies
255.20 Preliminary identification of regions.
255.21 Local consultation on boundaries.
255.22 Establishing regional boundaries.
255.23 Joint identification of agencies.
255.24 Procedure for identifying interstate regions.
255.25 Public participation.
Subpart D--Responsibilities of Identified Agencies and Relationship to
Other Programs
255.30 Responsibilities established.
255.31 Integration with other acts.
255.32 Coordination with other programs.
255.33 Inclusion of Federal facilities and Native American
Reservations.
Subpart E--Submission and Revision of Identifications
255.40 Notification of status.
255.41 Procedure for revision.
Authority: Sec. 2002(a)(1), Pub. L. 94-580, 90 Stat. 2795 (42 U.S.C.
6912(a)(1)). Also issued under sec. 4006(b), Pub. L. 94-580, 90 Stat.
2795 (42 U.S.C. 6946(b)).
Source: 42 FR 24927, May 16, 1977, unless otherwise noted.
Subpart A--General Provisions
Sec. 255.1 Scope and purpose.
(a) These guidelines are applicable to policies, procedures, and
criteria for the identification of those areas which have common solid
waste management problems and which are appropriate units for planning
regional solid waste management services pursuant to section 4002(a) of
the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976 (the Act). The guidelines also define and guide
the identification of which functions will be carried out by which
agencies pursuant to section 4006 of the Act.
(b) The purposes of these guidelines are to (1) provide useful
criteria for selecting the regions and agencies to be identified
pursuant to section 4006 of the Act and (2) provide guidance for
conducting the process which will result in formal identification of
those regions and agencies.
(c) Identifications made pursuant to these guidelines should be
consistent with State solid waste management plans and strategies. A
State strategy establishes: Goals for prevention of adverse effects on
the environment resulting from improper solid waste disposal including
protection of surface and ground water quality, air quality and the
land; priorities among waste types; priorities among disposal practices;
and the roles of existing agencies with responsibilities in solid waste
management. The identification process should cover all waste types
(residential and commercial solid waste, hazardous wastes, industrial
sludges and pretreatment residues, municipal sewage sludge, air
pollution control residue, septage, mining and agricultural waste, other
industrial waste, and solid waste from community activities), all
disposal practices (impoundments, pits, ponds, lagoons, landfills,
dumps, land-spreading, and industrial leaching fields) and all
technological approaches (conservation, recovery, incineration,
disposal).
(Also sec. 4002(a), Pub. L. 94-580, 90 Stat. 2795 (42 U.S.C. 6942))
Sec. 255.2 Definitions.
The Act contains an extensive list of definitions in section 1004
which are applicable here. There are further definitions of terms in 40
CFR part 29 of this chapter which apply unless the context herein
requires otherwise.
[42 FR 24927, May 16, 1977, as amended at 48 FR 29302, June 24, 1983]
Subpart B--Criteria for Identifying Regions and Agencies
Sec. 255.10 Criteria for identifying regions.
The following criteria are to assist in identifying regions pursuant
to section 4006(a) of the Act.
(a) Geographic areas which have a history of cooperating to solve
problems in environmental or other related matters should be considered.
(1) Regions encompassing existing regional, including countywide,
systems or institutions, including those of the
[[Page 338]]
private sector, should be evaluated. Changes in their boundaries may be
needed for economic viability or other reasons in keeping with the State
plan.
(2) Boundary selection which would require the creation of new
agencies should be considered only where necessary. The relationship
among established agencies should be considered. Where institutional
gaps or inadequacies are found, regions should be identified keeping in
mind which agencies would be able to fill those needs.
(b) The size and location of regions should permit resource recovery
and conservation in accordance with the objectives in section 4001 of
the Act.
(1) A region's size and configuration should be considered, weighing
transportation costs against economies of scale.
(2) Left-over regions having inadequate resources or volumes of
waste should be avoided.
(3) Location should be considered relative to available
transportation and to markets for recovered resources.
(c) The volume of wastes within a region will influence the
technology choices for recovery and disposal, determine economies of
scale, and affect marketability of resources recovered. A region should
include sufficient volume of waste to support the goals and objectives
of the State plan, including materials or energy recovery as
appropriate.
(d) Waste type should be considered since it also affects management
options. Industrial or hazardous waste streams may warrant special
consideration or special boundaries.
(e) The effect of geologic and hydrologic conditions, such as soil
suitability, land availability, natural barriers (rivers and mountains),
the quantity and availability of water resources, and the susceptibility
of ground water to contamination should be considered. Aquifer
protection in accordance with State water quality management plans and
policies could influence boundary selection.
(f) Coordination with ongoing planning for other purposes may be an
influence in selecting boundaries.
(1) The local and regional planning process should be integrated
into the State planning process.
(2) Use of a common data base should be encouraged among
transportation, land use, and other planning areas.
(3) To the extent practicable, coterminous planning regions should
be encouraged, and larger regions should be multiples of whole smaller
regions.
(4) Coordination should be provided with those agencies designated
for water quality management planning under section 208 of the Federal
Water Pollution Control Act, with underground injection control agencies
designated in accordance with the Safe Drinking Water Act, and with air
quality planning agencies designated under the Clean Air Act.
(Sec. 4002(a), Pub. L. 94-580, 90 Stat. 2795 (42 U.S.C. 6942))
Sec. 255.11 Criteria for identifying agencies.
The following criteria are intended to assist in the process of
agency selection pursuant to section 4006(b) of the Act. They may also
be useful in pointing out needed improvements in the qualifications of
the selected agencies.
(a) Existing agencies with demonstrated satisfactory ability to
plan, manage, or operate solid waste management services should be
considered for planning and implementation responsibilities. Agencies
which have completed planning that resulted in successful implementation
of solid waste management facilities or services should be given
priority consideration for future planning responsibilities when they
otherwise meet these criteria.
(b) An agency to be identified as responsible for conducting
regional solid waste management planning should:
(1) Be a representative organization composed of, or whose
membership is composed of, individuals at least a majority of whom are
elected officials of local governments or their designees having
jurisdiction in the planning region.
(2) Have planning jurisdiction in the entire planning region.
(3) Be capable of having the planning process fully underway within
1 year after identification.
(4) Have established procedures for adoption, review, and revision
of plans
[[Page 339]]
and resolution of major issues, including procedures for public
participation in the planning process.
(5) Have appropriate experience and skills to perform all of its
assigned responsibilities, including expertise for the particular waste
type, processing or disposal technology, and functional area. (Attention
is directed to OMB Circular No. A-95, paragraph 1.e., part IV of
Attachment A which encourages the designation of established substate
district comprehensive planning agencies as the agencies to carry out
areawide planning assisted or required under any Federal program).
(c) In identifying agencies for solid waste management planning and
implementation under section 4006 of the Act, the State should review
the solid waste activities being conducted by water quality management
planning agencies designated under section 208 of the Federal Water
Pollution Control Act. Where feasible, identification of such agencies
should be considered in the joint identification processes of subpart C
of this part. There should be a formal means of coordination established
with the State water quality management agencies.
(d) Planning objectives will influence agency selection.
Distinctions may be made between policy planning and facility planning
and between planning a single solid waste management system and
comprehensive planning which addresses trade-offs among various media.
(e) For coordinating planning and implementation under the State
plan, as required in section 4003(1)(c), consideration should be given
to identifying one agency for both functions. Where separate planning
and implementation agencies are selected, there should be some means to
ensure implementation, such as State legislation or an interagency
agreement that all constituent jurisdictions will abide by the plan.
Furthermore, strong coordination should be established between the
planning agency and the implementing agency. During the planning period,
the implementation agency should have continual access to plan
development processes. There should be an administrative procedure to
resolve conflicts between planners and implementers.
(f) The agency responsible for carrying out the regional plan should
be constituted with authority to implement the plan in its constituent
jurisdictions.
(g) The need for a reliable volume of waste to supply disposal or
recovery facilities should be addressed. The Agency providing such
facilities whose member jurisdictions could choose whether or not to
utilize the facility should analyze that need and consider methods such
as franchising or public utility controls to assure an adequate supply.
Subpart C--Procedures for Identifying Regions and Agencies
Note: The following procedures are provided to assist in
establishing consultation and joint identification processes to be used
for identifying regions and agencies pursuant to section 4006. Any
process which meets the substantive intent of these guidelines may be
submitted to the EPA Regional Administrator for purposes of determining
grant eligibility under section 4007, especially if such process has
been mandated or funded by State legislation.
Sec. 255.20 Preliminary identification of regions.
Preliminary identification of regions should be made by the Governor
or his representative after consultation with regional and areawide
planning agencies, water quality and solid waste management planning
agencies, cities, and counties and other appropriate units of general
purpose local government. The Governor should notify the concerned
agencies of his recommendations concerning boundaries. Where the
regional identification has already been established by State
legislation or other method in keeping with these guidelines, this
notification need only request comments on the existing arrangement.
[42 FR 24927, May 16, 1977, as amended at 48 FR 29303, June 24, 1983]
Sec. 255.21 Local consultation on boundaries.
Any chief executive of a general purpose government within the State
may
[[Page 340]]
comment on the Governor's recommendation concerning the boundaries.
(a) The purposes of these comments are to assure that the experience
of local agencies is used to fullest advantage in boundary decisions,
that incompatible institutional arrangements are not forced, and that
significant local considerations are not overlooked.
(b) When the objectives of the Act concerning local consultation can
be met by an equivalent or existing process established under State
administrative procedures acts or other State procedural guidance, the
Governor may request that the EPA accept that process in fulfillment of
the grant eligibility criteria under section 4007 of the Act.
Sec. 255.22 Establishing regional boundaries.
Under section 4006(a) of the Act the formal means for identifying
regional boundaries are to be regulations promulgated by the Governor.
Where the identification of areas has already been made by State
legislation or other means which have legal stature equivalent to the
required regulations, and where notification and consultation have
occurred pursuant to Secs. 255.20 and 255.21 of this part, such
legislation may be used in lieu of those regulations. Where substantial
disagreement persists between the Governor and local officials, normal
State administrative and judicial appeals procedures are available to
resolve such conflict.
Sec. 255.23 Joint identification of agencies.
(a) The Governor should designate a lead agency to manage the
identification process. That agency should review established
notification procedures to determine that at least all general purpose
local governments within the State, all units of regional governance,
all existing solid waste and water quality management planning agencies,
and all areawide agencies and the state process under Executive Order
12372 will be notified. If necessary, a supplemental distribution list
should be prepared. Consideration should be given to addressing
individual offices within those agencies.
(b) The Governor should, by correspondence or State notification
procedures, notify the agencies on the distribution list (paragraph (a)
of this section) of the purpose and schedule of the joint identification
process. This may be coincident with the notification in Sec. 255.20.
(c) The Governor, an appropriate legislative committee, and
appropriate local elected officials may submit nominations of agencies
and functions to the lead agency appointed by the Governor. This lead
agency should make such nominations public.
(d) Chief executives of agencies on the distribution list may
comment by letter on the nominations.
(e) If a disagreement exists which cannot be settled by
correspondence or a meeting with the Governor's representative, a public
hearing should be held and all elected officials of local general
purpose governments within the region should be invited. The purpose of
this meeting will be for the local officials to reach a consensus
regarding the agency(ies) to be formally identified.
(f) When a consensus is reached among local elected officials a
formal agreement should be made in conformance with State administrative
procedures. It should be binding until revised in accordance with this
subpart.
(g) When the local consensus is in agreement with the State opinion,
the State should confirm that agreed arrangement, formally establishing
the duties and responsibilities of the identified agencies by
legislative resolution or executive order.
(h) In the event that a consensus cannot be reached before 270 days
after promulgation of regulations pursuant to Sec. 255.22 the Governor
should designate a State agency to develop and implement the plan for
the concerned region.
[42 FR 24927, May 16, 1977, as amended at 48 FR 29303, June 24, 1983]
Sec. 255.24 Procedure for identifying interstate regions.
If the Governor's recommendation, the local consensus, or a
neighboring Governor's recommendation is that an interstate region be
identified, the procedures described in this subpart
[[Page 341]]
should be extended to include notification and comment of all concerned
officials in the entire recommended region.
(a) Section 4006(c) of the Act establishes specific procedures for
the conduct of interstate identification processes.
(b) Recommendations, nominations, and comments resulting from
processes described in Secs. 255.20 and 255.21 that concern interstate
regions should be brought to the attention of the appropriate EPA
Regional Administrator.
(c) The Governor should evaluate the use of interstate metropolitan
area (Standard Metropolitan Statistical Area) boundaries for planning
and management purposes, and consider nominating such areas where
appropriate.
(Also sec. 4006(c), Pub. L. 94-580, 90 Stat. 2795 (42 U.S.C. 6946(c)))
Sec. 255.25 Public participation.
Public participation in the process of identifying regions and
agencies should be provided for, encouraged, and assisted by the State
and local officials.
Subpart D--Responsibilities of Identified Agencies and Relationship to
Other Programs
Sec. 255.30 Responsibilities established.
The following duties and responsibilities should be assigned for all
appropriate areas pursuant to section 4006.
(a) Disposal of municipal solid waste should be an identified
responsibility throughout the State. In the event that no local or
regional agency is held responsible for disposal for a region, a State
agency should be identified and held accountable.
(b) Where the State plan identifies municipal sewage sludge
disposal, hazardous waste disposal or other functions needing attention
in a region, an agency should be identified as being responsible for
that function in that region.
(c) These responsibilities may be assigned with the intent that
private industry be the actual purveyor of service.
Sec. 255.31 Integration with other acts.
The Governor shall integrate the provisions of these guidelines for
purposes of administration and enforcement, and should avoid duplication
to the maximum extent practicable, with the appropriate regional
identification provisions of the Clean Air Act (42 U.S.C. 1857 et seq.),
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the
Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.), the Marine Protection, Research
and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) and other
appropriate Acts of Congress.
(Sec. 1006(b), Pub. L. 94-580, 90 Stat. 2795 (42 U.S.C. 6905(b)))
Sec. 255.32 Coordination with other programs.
The region and agency identification criteria (Sec. 255.11) specify
review of solid waste activities being conducted by water quality
management planning agencies, underground injection control agencies,
and air quality management agencies. There should be a formal means of
coordination established between any agencies established under section
4006 which are not identical with these agencies. Coordination should be
established so that permittees under the National Pollutant Discharge
Elimination System of the Federal Water Pollution Control Act will be
consulted concerning disposal of residual sludges.
Sec. 255.33 Inclusion of Federal facilities and Native American Reservations.
Major Federal facilities and Native American Reservations should be
treated for the purposes of these guidelines as though they are
incorporated municipalities, and the facility director or administrator
should be considered the same as a locally elected official.
(Sec. 6001, Pub. L. 94-580, 90 Stat. 2795 (42 U.S.C. 6961))
[[Page 342]]
Subpart E--Submission and Revision of Identifications
Sec. 255.40 Notification of status.
This subpart describes procedures which may ultimately be required
by EPA when it publishes regulations governing application and
eligibility for grants under section 4007. Under these regulations the
appropriate EPA Regional Administrator will consider the identifications
made under section 4006 as one of the conditions of grant eligibility.
The Regional Administrator may accept, in State grant applications,
notification of the status of these identifications to ensure that
premature decisions on State plan development will not be forced by the
timing of the identifications specified in the Act. Procedures are
outlined here to advise the States of what EPA expects to require in
such notification.
(a) The notification should specify those regional boundaries and
agencies which are uncontested at the time of submission, and specify a
schedule of hearings and determinations of subsequent identification of
regions and agencies as consensus is reached.
(b) The appropriate level of detail and the timing of the
identifications to be made should be established for each planning
region after agreement between the State and the appropriate EPA
Regional Administrator. The timing should depend upon how well the State
plan is developed, the environmental and economic decisions to be made,
and the existing management approaches to their resolution.
(c) The notification should list the major known interested agencies
and private operators within each planning region and describe how they
will be included in the process. Where appropriate, it should include an
expression of their interest and a definition of the extent and limits
of their role in solid waste management planning.
(d) The notification should provide a schedule for phasing of plan
development with the identification of agencies to carry out those
plans, showing the projected maturation of management agencies and the
milestones for those agencies in taking over the plan implementation
process.
(e) This notification should include establishment of State agencies
where regional planning and implementation agencies have not been
identified within 270 days of the Governor's promulgation of regulations
identifying regional boundaries.
(See sec. 4006(b)(2))
Sec. 255.41 Procedure for revision.
The procedure for revising regional identifications or agency
responsibilities should be specified by the notification.
(a) The State should review and, if appropriate, revise or modify
the identification of regions and the responsibilities of local and
regional agencies at intervals of less than 3 years. Review and
modification should include, but not be limited to, the following areas:
(1) Whether new regions should be identified, or whether present
boundaries should be modified.
(2) Whether responsibilities of an agency should be expanded or
reduced due to changes in the needs for solid waste functions in the
region.
(b) Revisions or adjustments to the State plan may require minor
boundary or agency changes from time to time. The appropriate EPA
Regional Administrator should be notified of such revisions by the State
solid waste agency.
(c) Major revisions or adjustments in agencies or boundaries should
be made in consultation with local officials and be subject to the same
procedures used in the original identification process. Notification of
such revisions should be submitted with State plan updates.
PART 256--GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS--Table of Contents
Subpart A--Purpose, General Requirements, Definitions
Sec.
256.01 Purpose and scope of the guidelines.
256.02 Scope of the State solid waste management plan.
256.03 State plan submission, adoption, and revision.
[[Page 343]]
256.04 State plan approval, financial assistance.
256.05 Annual work program.
256.06 Definitions.
Subpart B--Identification of Responsibilities; Distribution of Funding
256.10 Requirements.
256.11 Recommendations.
Subpart C--Solid Waste Disposal Programs
256.20 Requirements for State legal authority.
256.21 Requirements for State regulatory powers.
256.22 Recommendations for State regulatory powers.
256.23 Requirements for closing or upgrading open dumps.
256.24 Recommendations for closing or upgrading open dumps.
256.25 Recommendation for inactive facilities.
256.26 Requirement for schedules leading to compliance with the
prohibition of open dumping.
256.27 Recommendation for schedules leading to compliance with the
prohibition of open dumping.
Subpart D--Resource Conservation and Resource Recovery Programs
256.30 Requirements.
256.31 Recommendations for developing and implementing resource
conservation and recovery programs.
Subpart E--Facility Planning and Implementation
256.40 Requirements.
256.41 Recommendations for assessing the need for facilities.
256.42 Recommendations for assuring facility development.
Subpart F--Coordination With Other Programs
256.50 Requirements.
Subpart G--Public Participation
256.60 Requirements for public participation in State and substate
plans.
256.61 Requirements for public participation in the annual State work
program.
256.62 Requirements for public participation in State regulatory
development.
256.63 Requirements for public participation in the permitting of
facilities.
256.64 Requirements for public participation in the open dump
inventory.
256.65 Recommendations for public participation.
Authority: Sec. 4002(b), Pub. L. 94-580, 90 Stat. 2813(b) (42 U.S.C.
6942(b)).
Source: 44 FR 45079, July 31, 1979, unless otherwise noted.
Editorial Note: For approval of State solid waste management plans
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
Subpart A--Purpose, General Requirements, Definitions
Sec. 256.01 Purpose and scope of the guidelines.
(a) The purpose of these guidelines is to assist in the development
and implementation of State solid waste management plans, in accordance
with section 4002(b) of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6942(b)) (the
``Act''). These guidelines contain methods for achieving the objectives
of environmentally sound management and disposal of solid and hazardous
waste, resource conservation, and maximum utilization of valuable
resources.
(b) These guidelines address the minimum requirements for approval
of State plans as set forth in section 4003 of the Act. These are:
(1) The plan shall identify, in accordance with section 4006(b), (i)
the responsibilities of State, local, and regional authorities in the
implementation of the State plan, (ii) the distribution of Federal funds
to the authorities responsible for development and implementation of the
State plan, and (iii) the means for coordinating regional planning and
implementation under the State plan.
(2) The plan shall, in accordance with section 4005(c), prohibit the
establishment of new open dumps within the State, and contain
requirements that all solid waste (including solid waste originating in
other States, but not including hazardous waste) shall be (i) utilized
for resource recovery or (ii) disposed of in sanitary landfills (within
the meaning of section 4004(a)) or otherwise disposed of in an
environmentally sound manner.
(3) The plan shall provide for the closing or upgrading of all
existing open dumps within the State pursuant to the requirements of
section 4005.
[[Page 344]]
(4) The plan shall provide for the establishment of such State
regulatory powers as may be necessary to implement the plan.
(5) The plan shall provide that no local government within the State
shall be prohibited under State or local law from entering into long-
term contracts for the supply of solid waste to resource recovery
facilities.
(6) The plan shall provide for resource conservation or recovery and
for the disposal of solid waste in sanitary landfills or for any
combination of practices so as may be necessary to use or dispose of
such waste in a manner that is environmentally sound.
(c) These guidelines address the requirement of section 4005(c) that
a State plan:
Shall establish, for any entity which demonstrates that it has
considered other public or private alternatives for solid waste
management to comply with the prohibition on open dumping and is unable
to utilize such alternatives to so comply, a timetable or schedule of
compliance for such practice or disposal of solid waste which specifies
a schedule of remedial measures, including an enforceable sequence of
actions or operations leading to compliance with the prohibition on open
dumping of solid waste within a reasonable time (not to exceed five
years from the date of publication of the inventory).
Sec. 256.02 Scope of the State solid waste management plan.
(a)(1) The State plan shall address all solid waste in the State
that poses potential adverse effects on health or the environment or
provides opportunity for resource conservation or resource recovery. The
plan shall consider:
(i) Hazardous wastes;
(ii) Residential, commercial and institutional solid waste;
(iii) Wastewater treatment sludge;
(iv) Pollution control residuals;
(v) Industrial wastes;
(vi) Mining wastes;
(vii) Agricultural wastes;
(viii) Water treatment sludge; and
(ix) Septic tank pumpings.
(2) The State plan shall consider the following aspects of solid
waste management:
(i) Resource conservation;
(ii) Source separation;
(iii) Collection;
(iv) Transportation;
(v) Storage;
(vi) Transfer;
(vii) Processing (including resource recovery);
(viii) Treatment; and
(ix) Disposal.
(b) The State Plan shall establish and justify priorities and timing
for actions. These priorities shall be based on the current level of
solid waste management planning and implementation within the State, the
extent of the solid waste management problem, the health, environmental
and economic impacts of the problem, and the resources and management
approaches available.
(c) The State plan shall set forth an orderly and manageable process
for achieving the objectives of the Act and meeting the requirements of
these quidelines. This process shall describe as specifically as
possible the activities to be undertaken, including detailed schedules
and milestones.
(d) The State plan shall cover a minimum of a five year time period
from the date submitted to EPA for approval.
(e) The State plan shall identify existing State legal authority for
solid waste management and shall identify modifications to regulations
necessary to meet the requirements of these guidelines.
Sec. 256.03 State plan submission, adoption, and revision.
(a) To be considered for approval, the State plan shall be submitted
to EPA within a reasonable time after final promulgation of these
guidelines.
(b) Prior to submission to EPA, the plan shall be adopted by the
State pursuant to State administrative procedures.
(c) The plan shall be developed in accord with public participation
procedures required by Subpart G of this part.
(d) The plan shall contain procedures for revision. The State plan
shall be revised by the State, after notice and public hearings, when
the Administrator, by regulation, or the State determines, that:
(1) The State plan is not in compliance with the requirements of
these guidelines;
[[Page 345]]
(2) Information has become available which demonstrates the
inadequacy of the plan; or
(3) Such revision is otherwise necessary.
(e) The State plan shall be reviewed by the State and, where
necessary, revised and readopted not less frequently than every three
years.
(f) States which are developing a complete State plan may submit the
portion of the plan designed to satisfy the requirements of Sec. 256.26
prior to submission of the complete plan.
[44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981]
Sec. 256.04 State plan approval, financial assistance.
(a) The Administrator shall, within six months after a State plan
has been submitted for approval, approve or disapprove the plan. The
Administrator shall approve a plan if he determines that:
(1) It meets the requirements of these guidelines which address
sections 4003(1), (2), (3), and (5), and
(2) It contains provisions for revision pursuant to Sec. 256.03.
(b) The Administrator shall review approved plans from time to time,
and if he determines that revisions or corrections are necessary to
bring such plan into compliance with all of the requirements of these
guidelines, including the requirements which address sections 4003(4)
and (6) and any new or revised requirement established by amendment to
this part, he shall notify the State and provide an opportunity for such
revisions and corrections and for an appeal and public hearing. If the
plan continues to remain out of compliance, he shall withdraw his
approval of such plan.
(c) Such withdrawal of approval shall cease to be effective upon the
Administrator's determination that the State plan complies with the
requirements of these guidelines.
(d) The Administrator shall approve a State application for
financial assistance under subtitle D of the Act, and make grants to
such State, if the Administrator determines that the State plan
continues to be eligible for approval and is being implemented by the
State.
(e) Upon withdrawal of approval of a State plan, the Administrator
shall withhold Federal financial and technical assistance under subtitle
D (other than such technical assistance as may be necessary to assist in
obtaining reinstatement of approval) until such time as approval is
reinstated. (Procedures for termination of financial assistance and for
settlement of disputes are contained in 40 CFR part 30, appendix A,
articles 7 and 8.)
(f) If a State submits to EPA the portion of the plan by which
entities may, pursuant to Sec. 256.26, obtain timetables or schedules of
compliance for complying with the open dumping prohibition, the
Administrator shall approve such portion of the plan if he determines
that:
(1) The portion submitted satisfies the requirements of Sec. 256.26;
(2) The State has the general legal authority to issue and enforce
compliance schedules; and
(3) The remainder of the plan is being developed in conformity with
these guidelines and will be completed within a reasonable period of
time.
In giving partial plan approval, the Administrator shall specify in
writing the timetable for completion of the final plan as required in
paragraph (f)(3) of this section.
[44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981]
Sec. 256.05 Annual work program.
(a) The annual work program submitted for financial assistance under
section 4008(a)(1) and described in the grant regulations (40 CFR part
35) shall be reviewed by the Administrator in order to determine whether
the State plan is being implemented by the State.
(b) The Administrator and the State shall agree on the contents of
the annual work program. The Administrator will consider State
initiatives and priorities, in light of the goals of the Act, in
determining annual work programs for each State. The annual work program
represents a State's obligation incurred by acceptance of financial
assistance.
(c) Annual guidance for the development of State work programs will
be
[[Page 346]]
issued by EPA. While this guidance will establish annual national
priorities, flexibility will be provided in order to accommodate
differing State priorities.
(d) The following documents developed under the State plan shall be
included by reference in the annual work program:
(1) Substate solid waste management plans,
(2) Plans for the development of facilities and services, including
hazardous waste management facilities and services, and
(3) Evidence of actions or steps taken to close or upgrade open
dumps.
(e) The annual work program shall allocate the distribution of
Federal funds to agencies responsible for the development and
implementation of the State plan.
Sec. 256.06 Definitions.
Terms not defined below have the meanings assigned them by section
1004 of the Act.
The Act means the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.).
Criteria means the ``Criteria for Classification of Solid Waste
Disposal Facilities'', 40 CFR Part 257, promulgated under section
4004(a) of the Act.
Facility refers to any resource recovery system or component
thereof, any system, program or facility for resource conservation, and
any facility for collection, source separation, storage, transportation,
transfer, processing, treatment or disposal of solid waste, including
hazardous waste, whether such facility is associated with facilities
generating such wastes or not.
Implementation means putting the plan into practice by carrying out
planned activities, including compliance and enforcement activities, or
ensuring such activities are carried out.
Inactive facility means a facility which no longer receives solid
waste.
Inventory of open dumps means the inventory required under section
4005(b) and is defined as the list published by EPA of those disposal
facilities which do not meet the criteria.
Operator includes facility owners and operators.
A permit is an entitlement to commence and continue operation of a
facility as long as both procedural and performance standards are met.
The term ``permit'' includes any functional equivalent such as a
registration or license.
Planning includes identifying problems, defining objectives,
collecting information, analyzing alternatives and determining necessary
activities and courses of action.
Provide for in the phrase ``the plan shall (should) provide for''
means explain, establish or set forth steps or courses of action.
The term shall denotes requirements for the development and
implementation of the State plan.
The term should denotes recommendations for the development and
implementation of the State plan.
Substate refers to any public regional, local, county, municipal, or
intermunicipal agency, or regional or local public (including
interstate) solid or hazardous waste management authority, or other
public agency below the State level.
Subpart B--Identification of Responsibilities; Distribution of Funding
Sec. 256.10 Requirements.
(a) In accordance with sections 4003(1) and 4006 and the interim
guidelines for identification of regions and agencies for solid waste
management (40 CFR part 255), the State plan shall provide for:
(1) The identification of the responsibilities of State and substate
(regional, local and interstate) authorities in the development and
implementation of the State plan;
(2) The means of distribution of Federal funds to the authorities
responsible for development and implementation of the State plan; and
(3) The means for coordinating substate planning and implementation.
(b) Responsibilities shall be identified for the classification of
disposal facilities for the inventory of open dumps.
[[Page 347]]
(c) Responsibilities shall be identified for development and
implementation of the State regulatory program described in subpart C of
this part.
(d) Responsibilities shall be identified for the development and
implementation of the State resource conservation and resource recovery
program described in subpart D of this part.
(e) State, substate and private sector responsibilities shall be
identified for the planning and implementation of solid and hazardous
waste management facilities and services.
(f) Financial assistance under sections 4008(a) (1) and (2) shall be
allocated by the State to State and substate authorities carrying out
development and implementation of the State plan. Such allocation shall
be based on the responsibilities of the respective parties as determined
under section 4006(b).
Sec. 256.11 Recommendations.
(a) Responsibilities should be identified for each of the solid
waste types listed in Sec. 256.02(a)(1).
(b) Responsibilities should be identified for each of the aspects of
solid waste management listed in Sec. 256.02(a)(2).
(c) Responsibilities should be identified for planning and
designating ground water use with respect to design and operation of
solid waste disposal facilities.
(d) Responsibilities should be identified for the development and
implementation of the authorized State hazardous waste management
program under subtitle C of the Act.
(e) The State plan should include a schedule and procedure for the
continuing review, reassessment and reassignment of responsibilities.
Subpart C--Solid Waste Disposal Programs
Sec. 256.20 Requirements for State legal authority.
In order to comply with sections 4003 (2) and (3), the State plan
shall assure that the State has adequate legal authority to prohibit the
establishment of new open dumps and to close or upgrade existing open
dumps. The prohibition of the establishment of new open dumps shall take
effect no later than six months after the date of promulgation of the
criteria or on the date of approval of the State plan, whichever is
later.
Sec. 256.21 Requirements for State regulatory powers.
In order to comply with section 4003(4), the State plan shall
provide for the establishment of State regulatory powers. These powers:
(a) Shall be adequate to enforce solid waste disposal standards
which are equivalent to or more stringent than the criteria for
classification of solid waste disposal facilities (40 CFR part 257).
Such authority shall be as definitive as possible and clearly establish
the means for compliance.
(b) Shall include surveillance capabilities necessary to detect
adverse environmental effects from solid waste disposal facilities. Such
capabilities shall include access for inspection and monitoring by
regulatory officials and the authority to establish operator monitoring
and reporting requirements.
(c) Shall make use of a permit program which ensures that the
establishment of new open dumps is prohibited.
(d) Shall have administrative and judicial enforcement capabilities,
including enforceable orders, fines or other administrative procedures,
as necessary to ensure compliance.
Sec. 256.22 Recommendations for State regulatory powers.
In order to assist compliance with section 4003(4), the following
are recommendations for State regulatory powers as may be necessary to
prohibit new open dumps and close or upgrade all existing open dumps.
(a) Solid waste disposal standards:
(1) Should be based on the health and environmental impacts of
disposal facilities.
(2) Should specify design and operational standards.
(3) Should take into account the climatic, geologic, and other
relevant characteristics of the State.
(b) Surveillance systems should establish monitoring requirements
for facilities.
[[Page 348]]
(1) Every facility should be evaluated for potential adverse health
and environmental effects. Based on this evaluation, instrumentation,
sampling, monitoring, and inspection requirements should be established.
(2) Every facility which produces leachate in quantities and
concentrations that could contaminate ground water in an aquifer should
be required to monitor to detect and predict contamination.
(3) Inspectors should be trained and provided detailed instructions
for checking on the procedures and conditions that are specified in the
engineering plan and site permit. Provisions should be made to ensure
chain of custody for evidence.
(c) Facility assessment and prescription of remedial measures should
be carried out by adequately trained or experienced professional staff,
including engineers and geologists.
(d) The State permit system should provide the administrative
control to prohibit the establishment of new open dumps and to assist in
meeting the requirement that all wastes be used or disposed in an
environmentally sound manner.
(1) Permitting procedures for new facilities should require
applicants to demonstrate that the facility will comply with the
criteria.
(2) The permit system should specify, for the facility operator, the
location, design, construction, operational, monitoring, reporting,
completion and maintenance requirements.
(3) Permit procedures should include provisions to ensure that
future use of the property on which the facility is located is
compatible with that property's use as a solid waste disposal facility.
These procedures should include identification of future land use or the
inclusion of a stipulation in the property deed which notifies future
purchasers of precautions necessitated by the use of the property as a
solid waste disposal facility.
(4) Permits should only be issued to facilities that are consistent
with the State plan, or with substate plans developed under the State
plan.
(e) The enforcement system should be designed to include both
administrative procedures and judicial remedies to enforce the
compliance schedules and closure procedures for open dumps.
(1) Permits, surveillance, and enforcement system capabilities
should be designed for supporting court action.
(2) Detection capabilities and penalties for false reporting should
be provided for.
Sec. 256.23 Requirements for closing or upgrading open dumps.
In meeting the requirement of section 4003(3) for closing or
upgrading open dumps:
(a) The State plan shall provide for the classification of existing
solid waste disposal facilities according to the criteria. This
classification shall be submitted to EPA, and facilities classified as
open dumps shall be published in the inventory of open dumps.
(b) The State plan shall provide for an orderly time-phasing of the
disposal facility classifications described in paragraph (a) of this
section. The determination of priorities for the classification of
disposal facilities shall be based upon:
(1) The potential health and environmental impact of the solid waste
disposal facility;
(2) The availability of State regulatory and enforcement powers; and
(3) The availability of Federal and State resources for this
purpose.
(c) For each facility classified as an open dump the State shall
take steps to close or upgrade the facility. Evidence of that action
shall be incorporated by reference into the annual work program and be
made publicly available. When the State's actions concerning open dumps
are modified, the changes shall be referenced in subsequent annual work
programs.
(d) In providing for the closure of open dumps the State shall take
steps necessary to eliminate health hazards and minimize potential
health hazards. These steps shall include requirements for long-term
monitoring or contingency plans where necessary.
Sec. 256.24 Recommendations for closing or upgrading open dumps.
(a) All sources of information available to the State should be used
to aid in the classification of facilities.
[[Page 349]]
Records of previous inspections and monitoring, as well as new
inspections and new monitoring, should be considered.
(b) The steps to close or upgrade open dumps established under
Sec. 256.23(c) should be coordinated with the facility needs assessment
described in Sec. 256.41.
(c) A determination should be made of the feasibility of resource
recovery or resource conservation to reduce the solid waste volume
entering a facility classified as an open dump; and feasible measures to
achieve that reduction should be implemented.
(d) At the time of classification of existing solid waste disposal
facilities pursuant to Sec. 256.23, the State should consider developing
appropriate timetables or schedules by which any responsible party can
be brought into compliance with the open dumping prohibition pursuant to
Secs. 256.26 and 256.27.
[44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981]
Sec. 256.25 Recommendation for inactive facilities.
Inactive facilities that continue to produce adverse health or
environmental effects should be evaluated according to the criteria. The
State plan should provide for measures to ensure that adverse health or
environmental effects from inactive facilities are minimized or
eliminated. Such measures may include actions by disposal facility
owners and operators, notification of the general public, adjacent
residents and other affected parties and notification of agencies
responsible for public health and safety.
Sec. 256.26 Requirement for schedules leading to compliance with the prohibition of open dumping.
In implementing the section 4005(c) prohibition on open dumping, the
State plan shall provide that any entity which demonstrates that it has
considered other public or private alternatives to comply with the
prohibition on open dumping and is unable to utilize such alternatives
to so comply, may obtain a timetable or schedule for compliance which
specifies a schedule of remedial measures, and an enforceable sequence
of actions, leading to compliance within a reasonable time (not to
exceed 5 years from the date of publication of the inventory).
Sec. 256.27 Recommendation for schedules leading to compliance with the prohibition of open dumping.
In reviewing applications for compliance schedules under
Sec. 256.26, the State should consider the availability of processing
and disposal facilities, the likelihood of environmental damage from
disposal at available facilities, the existence of State or substate
requirements (including other compliance schedules) applicable to
available facilities, cost constraints, existing contractual agreements
and other pertinent factors.
Subpart D--Resource Conservation and Resource Recovery Programs
Sec. 256.30 Requirements.
(a) In order to comply with sections 4003(2) and (6) as they pertain
to resource conservation and recovery, the State plan shall provide for
a policy and strategy for encouragement of resource recovery and
conservation activities.
(b) In order to comply with section 4003(5), the State plan shall
provide that no local government within the State is prohibited under
State or local law from entering into long-term contracts for the supply
of solid waste to resource recovery facilities.
Sec. 256.31 Recommendations for developing and implementing resource conservation and recovery programs.
(a) In order to encourage resource recovery and conservation, the
State plan should provide for technical assistance, training,
information development and dissemination, financial support programs,
market studies and market development programs.
(b) In order to comply with the requirement of Sec. 256.30(b)
regarding long-term contract prohibitions, the State plan should provide
for:
(1) Review of existing State and local laws and regulations
pertinent to contracting for resource recovery services or facilities.
[[Page 350]]
(2) Reporting of all laws and regulations found to be in violation
of this requirement to the executive officer of the administrative
agency responsible for the statute.
(3) Development of an administrative order or a revised law or
regulation or any other preliminary step for the removal or amending of
a law or regulation in violation of this requirement.
(4) Development of a strategy for the consideration of the
legislature to prohibit and/or remove from State or local law provisions
in violation of this requirement.
(c) The State plan should aid and encourage State procurement of
products containing recovered materials in accord with section 6002 of
the Act. To assist this effort, the State plan should provide for:
(1) The development of a policy statement encouraging the
procurement of recovered materials, wherever feasible;
(2) The identification of the key purchasing agencies of the State,
along with potential uses of recovered materials by these agencies; and,
(3) The development of a plan of action to promote the use of
recovered materials through executive order, legislative initiative, or
other action that the State deems necessary.
(d) In order to encourage resource recovery and conservation, the
State plan should provide for the elimination, to the extent possible,
of restrictions on the purchase of goods or services, especially
negotiated procurements, for resource recovery facilities. This should
include:
(1) Review of existing State and local laws pertinent to the
procurement of equipment and services for the design, construction and
operation of resource recovery facilities;
(2) Listing of all laws that limit the ability of localities to
negotiate for the procurement of the design, construction, or operation
of resource recovery facilities;
(3) Development of administrative orders or legislation or other
action that would eliminate these restrictions; and
(4) Development of a strategy and plan of action for the
consideration of the legislature for execution of administrative orders
or other action that would eliminate these restrictions.
(e) The State plan should encourage the development of resource
recovery and resource conservation facilities and practices as the
preferred means of solid waste management whenever technically and
economically feasible. The State plan should provide for the following
activities:
(1) The composition of wastes should be analyzed with particular
emphasis on recovery potential for material and energy, including fuel
value, percentages of recoverable industrial wastes, grades of
wastepaper, glass, and non-ferrous and ferrous metals.
(2) Available and potential markets for recovered materials and
energy should be identified, including markets for recoverable
industrial wastes; wastepapers; ferrous and non-ferrous metals; glass;
solid, liquid, or gaseous fuels; sludges; and tires. The following
should be evaluated: location and transportation requirements, materials
and energy specifications of user industries, minimum quantity
requirements, pricing mechanisms and long-term contract availability.
(3) Resource recovery feasibility studies should be conducted in
regions of the State in which uses or markets for recovered materials or
energy are identified. These studies should review various technological
approaches, environmental considerations, institutional and financial
constraints, and economic feasibility.
(4) Source separation, recycling and resource conservation should be
utilized whenever technically and economically feasible.
(5) Mixed waste processing facilities for the recovery of energy and
materials should be utilized whenever technically and economically
feasible.
(6) Source separation, resource conservation and mixed waste
processing capacity should be combined to achieve the most effective
resource conservation and economic balance.
Subpart E--Facility Planning and Implementation
Sec. 256.40 Requirements.
In order to comply with section 4003(6), the State plan shall
provide for
[[Page 351]]
adequate resource conservation, recovery, storage, treatment and
disposal facilities and practices necessary to use or dispose of solid
and hazardous waste in an environmentally sound manner.
Sec. 256.41 Recommendations for assessing the need for facilities.
(a) In meeting the requirement for adequate resource conservation,
recovery, storage, treatment and disposal facilities and practices, the
State plan should provide for an assessment of the adequacy of existing
facilities and practices and the need for new or expanded facilities and
practices.
(1) The needs assessment should be based on current and projected
waste generation rates and on the capacities of presently operating and
planned facilities.
(2) Existing and planned resource conservation and recovery
practices and their impact on facility needs should be assessed.
(3) Current and projected movement of solid and hazardous waste
across State and local boundaries should be assessed.
(4) Special handling needs should be determined for all solid waste
categories.
(5) Impact on facility capacities due to predictable changes in
waste quantities and characteristics should be estimated.
(6) Environmental, economic, and other constraints on continued
operation of facilities should be assessed.
(7) Diversion of wastes due to closure of open dumps should be
anticipated.
(8) Facilities and practices planned or provided for by the private
sector should be assessed.
(b) The State plan should provide for the identification of areas
which require new capacity development, based on the needs assessment.
Sec. 256.42 Recommendations for assuring facility development.
(a) The State plan should address facility planning and acquisition
for all areas which are determined to have insufficient recovery,
storage, treatment and disposal capacity in the assessment of facility
needs.
(b) Where facilities and practices are found to be inadequate, the
State plan should provide for the necessary facilities and practices to
be developed by responsible State and substate agencies or by the
private sector.
(c) For all areas found to have five or fewer years of capacity
remaining, the State plan should provide for:
(1) The development of estimates of waste generation by type and
characteristic,
(2) The evaluation and selection of resource recovery, conservation
or disposal methods,
(3) Selection of sites for facilities, and
(4) Development of schedules of implementation.
(d) The State plan should encourage private sector initiatives in
order to meet the identified facility needs.
(e) In any area having fewer than 2 years of projected capacity, the
State plan should provide for the State to take action such as acquiring
facilities or causing facilities to be acquired.
(f) The State plan should provide for the initiation and development
of environmentally sound facilities as soon as practicable to replace
all open dumps.
(g) The State plan should provide for the State, in cooperation with
substate agencies, to establish procedures for choosing which facilities
will get priority for technical or financial assistance or other
emphasis. Highest priority should be given to facilities developed to
replace or upgrade open dumps.
(h) The State plan should provide for substate cooperation and
policies for free and unrestricted movement of solid and hazardous waste
across State and local boundaries.
Subpart F--Coordination With Other Programs
Sec. 256.50 Requirements.
Section 4003(1) requires the State solid waste managment plan to
idenifty means for coordinating regional planning and implementation
under the State plan. Section 1006 requires the Administrator to
integrate all provisions of this Act (including approval of State plans)
with other Acts that grant regulatory authority to the
[[Page 352]]
Administrator in order to prevent duplication of administrative and
enforcement efforts. In order to meet these requirements:
(a) The State solid waste management plan shall be developed in
coordination with Federal, State, and substate programs for air quality,
water quality, water supply, waste water treatment, pesticides, ocean
protection, toxic substances control, noise control, and radiation
control.
(b) The State plan shall provide for coordination with programs
under section 208 of the Clean Water Act, as amended (33 U.S.C. 1288).
In identifying agencies for solid waste management planning and
implementation, the State shall review the solid waste management
activities being conducted by water quality planning and management
agencies designated under section 208 of the Clean Water Act. Where
feasible, identification of such agencies should be considered during
the identification of responsibilities under subpart B of this part.
Where solid waste management and water quality agencies are separate
entities, necessary coordination procedures shall be established.
(c) The State plan shall provide for coordination with the National
Pollutant Discharge Elimination System (NPDES) established under section
402 of the Clean Water Act, as amended (33 U.S.C. 1342). The issuance of
State facility permits and actions taken to close or upgrade open dumps
shall be timed, where practicable, to coordinate closely with the
issuance of a new or revised NPDES permit for such facility.
(d) The State plan shall provide for coordination with activities
for municipal sewage sludge disposal and utilization conducted under the
authority of section 405 of the Clean Water Act, as amended (33 U.S.C.
1345), and with the program for construction grants for publicly owned
treatment works under section 201 of the Clean Water Act, as amended (33
U.S.C. 1281).
(e) The State plan shall provide for coordination with State
pretreatment activities under section 307 of the Clean Water Act, as
amended (33 U.S.C. 1317).
(f) The State plan shall provide for coordination with agencies
conducting assessments of the impact of surface impoundments on
underground sources of drinking water under the authority of section
1442(a)(8)(C) of the Safe Drinking Water Act (42 U.S.C. 300j-1).
(g) The State plan shall provide for coordination with State
underground injection control programs (40 CFR Parts 122, 123, 124, and
146) carried out under the authority of the Safe Drinking Water Act (42
U.S.C. 300f et seq.) and with the designation of sole source aquifers
under section 1424 of that Act.
(h) The State plan shall provide for coordination with State
implementation plans developed under the Clean Air Act (42 U.S.C. 7401
et seq.; incineration and open burning limitations; and, State
implementation plan requirements impacting resource recovery systems).
(i) The State plan shall provide for coordination with the Army
Corps of Engineers permit program (or authorized State program) under
section 404 of the Clean Water Act, as amended (33 U.S.C. 1344) for
dredge and fill activities in waters of the United States.
(j) The State plan shall provide for coordination with the Office of
Endangered Species, Department of the Interior, to ensure that solid
waste management activities, especially the siting of disposal
facilities, do not jeopardize the continued existence of an endangered
or threated species nor result in the destruction or adverse
modification of a critical habitat.
(k) The State plan shall provide for coordination, where
practicable, with programs under:
(1) The Toxic Substances Control Act (15 U.S.C. 2601 et seq.;
disposal of chemical substances and mixtures).
(2) The Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.
1362 et seq.; disposal and storage of pesticides and pesticide
containers).
(3) The Marine Protection, Research and Sanctuaries Act (33 U.S.C.
1420 et seq.; disposal in ocean waters).
(l) The State plan shall provide for coordination, where
practicable, with programs of other Federal agencies, including:
(1) Department of the Interior.
[[Page 353]]
(i) Fish and Wildlife Service (wetlands),
(ii) Bureau of Mines and Office of Surface Mining (mining waste
disposal and use of sludge in reclamation),
(iii) U.S. Geological Survey (wetlands, floodplains, ground water);
(2) Department of Commerce, National Oceanic and Atmospheric
Administration (coastal zone management plans);
(3) Water Resources Council (floodplains, surface and ground
waters);
(4) Department of Agriculture, including Soil Conservation Service
(land spreading solid waste on food chain croplands);
(5) Federal Aviation Administration (locating disposal facilities on
or near airport property);
(6) Department of Housing and Urban Development (701 comprehensive
planning program, flood plains mapping);
(7) Department of Defense (development and implementation of State
and substate plans with regard to resource recovery and solid waste
disposal programs at various installations);
(8) Department of Energy (State energy conservation plans under the
Energy Policy and Conservation Act (42 U.S.C. 6321)); and
(9) Other programs.
(m) The State plan shall provide for coordination, where
practicable, with solid waste management plans in neighboring States and
with plans for Indian reservations in the State.
Subpart G--Public Participation
Sec. 256.60 Requirements for public participation in State and substate plans.
(a) State and substate planning agencies shall:
(1) Maintain a current list of agencies, organizations, and
individuals affected by or interested in the plan, which shall include
any parties that request to be on the list, the owner or operator of
each facility classified as an open dump and any other parties which the
State determines to be affected by or interested in the plan;
(2) Provide depositories of relevant information in one or more
convenient locations; and
(3) Prepare a responsiveness summary, in accord with 40 CFR 25.8,
where required by this subpart or by an approved public participation
work plan, which describes matters on which the public was consulted,
summarizes the public's views, and sets forth the agency's response to
the public input.
(b) State and substate planning agencies shall provide information
and consult with the public on plan development and implementation.
Provision of information and consultation shall occur both early in the
planning process (including the preparation and distribution of a
summary of the proposed plan) and on major policy decisions made during
the course of plan development, revision and implementation. To meet
this requirement, planning agencies shall:
(1) Publicize information in news media having broad audiences in
the geographic area;
(2) Place information in depositories maintained under paragraph
(a)(2) of this section;
(3) Send information directly to agencies, organizations and
individuals on the list maintained under paragraph (a)(1) of this
section; and
(4) Prepare and make available to the public a responsiveness
summary in accord with 40 CFR 25.8.
(c) State and substate planning agencies shall conduct public
hearings (and public meetings, where the agency determines there is
sufficient interest) in accord with 40 CFR 25.5 and 25.6. The purpose of
the hearings and meetings is to solicit reactions and recommendations
from interested or affected parties and to explain major issues within
the proposed plan. Following the public hearings, a responsiveness
summary shall be prepared and made available to the public in accord
with 40 CFR 25.8.
[44 FR 45079, July 31, 1979, as amended at 46 FR 47051, Sept. 23, 1981]
Sec. 256.61 Requirements for public participation in the annual State work program.
(a) A public participation work plan in accord with 40 CFR 25.11
shall be included in the annual State work program.
[[Page 354]]
(b) The State shall consult with the public in the development of
the annual work program. One month prior to submission of the draft work
program to the Regional Administrator, as required by 40 CFR part 35,
the draft work program shall be made available to the public at the
State information depositories maintained under Sec. 256.60(a)(2). The
public shall be notified of the availability of the draft work program,
and a public meeting shall be held if the planning agency determines
there is sufficient interest.
(c) The State shall comply with the requirements of Office of
Management and Budget Circular No. A-95.
(d) Copies of the final work program shall be placed in the State
information depositories maintained under Sec. 256.60(a)(2).
Sec. 256.62 Requirements for public participation in State regulatory development.
(a) The State shall conduct public hearings (and public meetings
where the State determines there is sufficient interest) on State
legislation and regulations, in accord with the State administrative
procedures act, to solicit reactions and recommendations. Following the
public hearings, a responsiveness summary shall be prepared and made
available to the public in accord with 40 CFR 25.8.
(b) In advance of the hearings and meetings required by paragraph
(a) of this section, the State shall prepare a fact sheet on proposed
regulations or legislation, mail the fact sheet to agencies,
organizations and individuals on the list maintained under
Sec. 256.60(a)(1) and place the fact sheet in the State information
depositories maintained under Sec. 256.60(a)(2).
Sec. 256.63 Requirements for public participation in the permitting of facilities.
(a) Before approving a permit application (or renewal of a permit)
for a resource recovery or solid waste disposal facility the State shall
hold a public hearing to solicit public reaction and recommendations on
the proposed permit application if the State determines there is a
significant degree of public interest in the proposed permit.
(b) This hearing shall be held in accord with 40 CFR 25.5.
Sec. 256.64 Requirements for public participation in the open dump inventory.
(a) The State shall provide an opportunity for public participation
prior to submission of any classification of a facility as an open dump
to the Federal Government. The State shall accomplish this by providing
notice as specified in Sec. 256.64(b) or by using other State
administrative procedures which provide equivalent public participation.
(b) The State may satisfy the requirement of Sec. 256.64(a) by
providing written notice of the availability of the results of its
classifications to all parties on the list required under
Sec. 256.60(a)(1) at least 30 days before initial submission of these
classifications to the Federal Government. For those parties on the list
required under Sec. 256.60(a)(1) who are owners or operators of
facilities classified as open dumps, such notice shall indicate that the
facility has been so classified.
[46 FR 47052, Sept. 23, 1981]
Sec. 256.65 Recommendations for public participation.
(a) State and substate planning agencies should establish an
advisory group, or utilize an existing group, to provide recommendations
on major policy and program decisions. The advisory group's membership
should reflect a balanced viewpoint in accord with 40 CFR 25.7(c).
(b) State and substate planning agencies should develop public
education programs designed to encourage informed public participation
in the development and implementation of solid waste management plans.
[44 FR 45079, July 31, 1979. Redesignated and amended at 46 FR 47052,
Sept. 23, 1981]
[[Page 355]]
PART 257--CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES--Table of Contents
Subpart A--Classification of Solid Waste Disposal Facilities and
Practices
Sec.
257.1 Scope and purpose.
257.2 Definitions.
257.3 Criteria for classification of solid waste disposal facilities
and practices.
257.3-1 Floodplains.
257.3-2 Endangered species.
257.3-3 Surface water.
257.3-4 Ground water.
257.3-5 Application to land used for the production of food-chain crops
(interim final).
257.3-6 Disease.
257.3-7 Air.
257.3-8 Safety.
257.4 Effective date.
Subpart B--Disposal Standards for the Receipt of Conditionally Exempt
Small Quantity Generator (CESQG) Wastes at Non-Municipal Non-Hazardous
Waste Disposal Units
257.5 Disposal standards for owners/operators of non-municipal non-
hazardous waste disposal units that receive Conditionally
Exempt Small Quantity Generator (CESQG) waste.
Location Restrictions
257.7 [Reserved]
257.8 Floodplains.
257.9 Wetlands.
257.10-257.12 [Reserved]
257.13 Deadline for making demonstrations.
Ground-Water Monitoring and Corrective Action
257.21 Applicability.
257.22 Ground-water monitoring systems.
257.23 Ground-water sampling and analysis requirements.
257.24 Detection monitoring program.
257.25 Assessment monitoring program.
257.26 Assessment of corrective measures.
257.27 Selection of remedy.
257.28 Implementation of the corrective action program.
Recordkeeping Requirements
257.30 Recordkeeping requirements.
Appendix I to Part 257--Maximum Contaminant Levels (MCLs)
Appendix II to Part 257
Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 6944(a) and 6949(c), 33
U.S.C. 1345 (d) and (e).
Source: 44 FR 53460, Sept. 13, 1979, unless otherwise noted.
Subpart A--Classification of Solid Waste Disposal Facilities and
Practices
Sec. 257.1 Scope and purpose.
(a) These criteria are for use under the Resource Conservation and
Recovery Act (the Act) in determining which solid waste disposal
facilities and practices pose a reasonable probability of adverse
effects on health or the environment. Unless otherwise provided, these
criteria are adopted for purposes of both sections 1008(a)(3) and
4004(a) of the Act.
(1) Facilities failing to satisfy criteria adopted for purposes of
section 4004(a) will be considered open dumps for purposes of State
solid waste management planning under the Act.
(2) Practices failing to satisfy criteria adopted for purposes of
section 1008(a)(3) constitute open dumping, which is prohibited under
section 4005 of the Act.
(b) These criteria also provide guidelines for the disposal of
sewage sludge on the land when the sewage sludge is not used or disposed
through a practice regulated in 40 CFR part 503.
(c) These criteria apply to all solid waste disposal facilities and
practices with the following exceptions:
(1) The criteria do not apply to agricultural wastes, including
manures and crop residues, returned to the soil as fertilizers or soil
conditioners.
(2) The criteria do not apply to overburden resulting from mining
operations intended for return to the mine site.
(3) The criteria do not apply to the land application of domestic
sewage or treated domestic sewage.
(4) The criteria do not apply to the location and operation of
septic tanks. The criteria do, however, apply to the disposal of septic
tank pumpings.
(5) The criteria do not apply to solid or dissolved materials in
irrigation return flows.
(6) The criteria do not apply to industrial discharges which are
point sources subject to permits under section 402 of the Clean Water
Act, as amended.
[[Page 356]]
(7) The criteria do not apply to source, special nuclear or
byproduct material as defined by the Atomic Energy Act, as amended (68
Stat. 923).
(8) The criteria do not apply to hazardous waste disposal facilities
which are subject to regulation under subtitle C of the Act.
(9) The criteria do not apply to disposal of solid waste by
underground well injection subject to the regulations (40 CFR part 146)
for the Underground Injection Control Program (UICP) under the Safe
Drinking Water Act, as amended, 42 U.S.C. 3007 et seq.
(10) The criteria of this part do not apply to municipal solid waste
landfill units, which are subject to the revised criteria contained in
part 258 of this chapter.
(11) The criteria do not apply to the use or disposal sewage sludge
on the land when the sewage sludge is used or disposed in accordance
with 40 CFR part 503.
[44 FR 53460, Sept. 13, 1979, as amended at 46 FR 47052, Sept. 23, 1981;
56 FR 51016, Oct. 9, 1991; 58 FR 9385, Feb. 19, 1993]
Effective Date Note: At 61 FR 34269, July 1, 1996, in Sec. 257.1,
paragraph (a) was revised, effective Jan. 1, 1998. For the convenience
of the user, the revised text is set forth below.
Sec. 257.1 Scope and purpose.
(a) Unless otherwise provided, the criteria in Secs. 257.1 through
257.4 are adopted for determining which solid waste disposal facilities
and practices pose a reasonable probability of adverse effects on health
or the environment under sections 1008(a)(3) and 4004(a) of the Resource
Conservation and Recovery Act (The Act). Unless otherwise provided, the
criteria in Secs. 257.5 through 257.30 are adopted for purposes of
ensuring that non-municipal non-hazardous waste disposal units that
receive conditionally exempt small quantity generator (CESQG) waste do
not present risks to human health and the environment taking into
account the practicable capability of such units in accordance with
Section 4010(c) of the Act.
(1) Facilities failing to satisfy either the criteria in Secs. 257.1
through 257.4 or Secs. 257.5 though 257.30 are considered open dumps,
which are prohibited under section 4005 of the Act.
(2) Practices failing to satisfy either the criteria in Secs. 257.1
through 257.4 or Secs. 257.5 through 257.30 constitute open dumping,
which is prohibited under section 4005 of the Act.
* * * * *
Sec. 257.2 Definitions.
The definitions set forth in section 1004 of the Act apply to this
part. Special definitions of general concern to this part are provided
below, and definitions especially pertinent to particular sections of
this part are provided in those sections.
Disposal means the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any solid waste or hazardous waste into or on any
land or water so that such solid waste or hazardous waste or any
constituent thereof may enter the environment or be emitted into the air
or discharged into any waters, including ground waters.
Domestic septage is either liquid or solid material removed from a
septic tank, cesspool, portable toilet, Type III marine sanitation
device, or similar treatment works that receives only domestic sewage.
Domestic septage does not include liquid or solid material removed from
a septic tank, cesspool, or similar treatment works that receives either
commercial wastewater or industrial wastewater and does not include
grease removed from a grease trap at a restaurant.
Facility means all contiguous land and structures, other
appurtenances, and improvements on the land used for the disposal of
solid waste.
Land application unit means an area where wastes are applied onto or
incorporated into the soil surface (excluding manure spreading
operations) for agricultural purposes or for treatment and disposal.
Landfill means an area of land or an excavation in which wastes are
placed for permanent disposal, and that is not a land application unit,
surface impoundment, injection well, or waste pile.
Leachate means liquid that has passed through or emerged from solid
waste and contains soluble, suspended or miscible materials removed from
such wastes.
Municipal solid waste landfill (MSWLF) unit means a discrete area of
land or an
[[Page 357]]
excavation that receives household waste, and that is not a land
application unit, surface impoundment, injection well, or waste pile, as
those terms are defined in this section. A MSWLF unit also may receive
other types of RCRA Subtitle D wastes, such as commercial solid waste,
nonhazardous sludge, and industrial solid waste. Such a landfill may be
publicly or privately owned. An MSWLF unit may be a new MSWLF unit, an
existing MSWLF unit or a lateral expansion.
Open dump means a facility for the disposal of solid waste which
does not comply with this part.
Practice means the act of disposal of solid waste.
Sanitary landfill means a facility for the disposal of solid waste
which complies with this part.
Sewage sludge means solid, semi-solid, or liquid residue generated
during the treatment of domestic sewage in a treatment works. Sewage
sludge includes, but is not limited to, domestic septage; scum or solids
removed in primary, secondary, or advanced wastewater treatment
processes; and a material derived from sewage sludge. Sewage sludge does
not include ash generated during the firing of sewage sludge in a sewage
sludge incinerator or grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works.
Sludge means any solid, semisolid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water
supply treatment plant, or air pollution control facility or any other
such waste having similar characteristics and effect.
Solid waste means any garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility
and other discarded material, including solid, liquid, semisolid, or
contained gaseous material resulting from industrial, commercial,
mining, and agricultural operations, and from community activities, but
does not include solid or dissolved materials in domestic sewage, or
solid or dissolved material in irrigation return flows or industrial
discharges which are point sources subject to permits under section 402
of the Federal Water Pollution Control Act, as amended (86 Stat. 880),
or source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954, as amended (68 Stat. 923).
State means any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
Surface impoundment or impoundment means a facility or part of a
facility that is a natural topographic depression, human-made
excavation, or diked area formed primarily of earthen materials
(although it may be lined with human-made materials), that is designed
to hold an accumulation of liquid wastes or wastes containing free
liquids and that is not an injection well. Examples of surface
impoundments are holding storage, settling, and aeration pits, ponds,
and lagoons.
Waste pile or pile means any noncontainerized accumulation of solid,
nonflowing waste that is used for treatment or storage.
[44 FR 53460, Sept. 13, 1979; 44 FR 58910, Oct. 12, 1979; 56 FR 51016,
Oct. 9, 1991; 58 FR 9385, Feb. 19, 1993]
Sec. 257.3 Criteria for classification of solid waste disposal facilities and practices.
Solid waste disposal facilities or practices which violate any of
the following criteria pose a reasonable probability of adverse effects
on health or the environment:
Sec. 257.3-1 Floodplains.
(a) Facilities or practices in floodplains shall not restrict the
flow of the base flood, reduce the temporary water storage capacity of
the floodplain, or result in washout of solid waste, so as to pose a
hazard to human life, wildlife, or land or water resources.
(b) As used in this section:
(1) Based flood means a flood that has a 1 percent or greater chance
of recurring in any year or a flood of a magnitude equalled or exceeded
once in 100 years on the average over a significantly long period.
(2) Floodplain means the lowland and relatively flat areas adjoining
inland
[[Page 358]]
and coastal waters, including flood-prone areas of offshore islands,
which are inundated by the base flood.
(3) Washout means the carrying away of solid waste by waters of the
base flood.
[44 FR 53460, Sept. 13, 1979; 44 FR 54708, Sept. 21, 1979]
Sec. 257.3-2 Endangered species.
(a) Facilities or practices shall not cause or contribute to the
taking of any endangered or threatened species of plants, fish, or
wildlife.
(b) The facility or practice shall not result in the destruction or
adverse modification of the critical habitat of endangered or threatened
species as identified in 50 CFR part 17.
(c) As used in this section:
(1) Endangered or threatened species means any species listed as
such pursuant to section 4 of the Endangered Species Act.
(2) Destruction or adverse modification means a direct or indirect
alteration of critical habitat which appreciably diminishes the
likelihood of the survival and recovery of threatened or endangered
species using that habitat.
(3) Taking means harassing, harming, pursuing, hunting, wounding,
killing, trapping, capturing, or collecting or attempting to engage in
such conduct.
Sec. 257.3-3 Surface water.
(a) For purposes of section 4004(a) of the Act, a facility shall not
cause a discharge of pollutants into waters of the United States that is
in violation of the requirements of the National Pollutant Discharge
Elimination System (NPDES) under section 402 of the Clean Water Act, as
amended.
(b) For purposes of section 4004(a) of the Act, a facility shall not
cause a discharge of dredged material or fill material to waters of the
United States that is in violation of the requirements under section 404
of the Clean Water Act, as amended.
(c) A facility or practice shall not cause non-point source
pollution of waters of the United States that violates applicable legal
requirements implementing an areawide or Statewide water quality
management plan that has been approved by the Administrator under
section 208 of the Clean Water Act, as amended.
(d) Definitions of the terms ``Discharge of dredged material'',
``Point source'', ``Pollutant'', ``Waters of the United States'', and
``Wetlands'' can be found in the Clean Water Act, as amended, 33 U.S.C.
1251 et seq., and implementing regulations, specifically 33 CFR part 323
(42 FR 37122, July 19, 1977).
[44 FR 53460, Sept. 13, 1979, as amended at 46 FR 47052, Sept. 23, 1981]
Sec. 257.3-4 Ground water.
(a) A facility or practice shall not contaminate an underground
drinking water source beyond the solid waste boundary or beyond an
alternative boundary specified in accordance with paragraph (b) of this
section.
(b)(1) For purposes of section 1008(a)(3) of the Act or section
405(d) of the CWA, a party charged with open dumping or a violation of
section 405(e) with respect to sewage sludge that is not used or
disposed through a practice regulated in 40 CFR part 503 may demonstrate
that compliance should be determined at an alternative boundary in lieu
of the solid waste boundary. The court shall establish an alternative
boundary only if it finds that such a change would not result in
contamination of ground water which may be needed or used for human
consumption. This finding shall be based on analysis and consideration
of all of the following factors that are relevant:
(i) The hydrogeological characteristics of the facility and
surrounding land, including any natural attenuation and dilution
characteristics of the aquifer;
(ii) The volume and physical and chemical characteristics of the
leachate;
(iii) The quantity, quality, and direction of flow of ground water
underlying the facility;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The availability of alternative drinking water supplies;
(vi) The existing quality of the ground water, including other
sources of contamination and their cumulative impacts on the ground
water;
[[Page 359]]
(vii) Public health, safety, and welfare effects.
(2) For purposes of sections 4004(a) and 1008(a)(3), the State may
establish an alternative boundary for a facility to be used in lieu of
the solid waste boundary only if it finds that such a change would not
result in the contamination of ground water which may be needed or used
for human consumption. Such a finding shall be based on an analysis and
consideration of all of the factors identified in paragraph (b)(1) of
this section that are relevant.
(c) As used in this section:
(1) Aquifer means a geologic formation, group of formations, or
portion of a formation capable of yielding usable quantities of ground
water to wells or springs.
(2) Contaminate means introduce a substance that would cause:
(i) The concentration of that substance in the ground water to
exceed the maximum contaminant level specified in appendix I, or
(ii) An increase in the concentration of that substance in the
ground water where the existing concentration of that substance exceeds
the maximum contaminant level specified in appendix I.
(3) Ground water means water below the land surface in the zone of
saturation.
(4) Underground drinking water source means:
(i) An aquifer supplying drinking water for human consumption, or
(ii) An aquifer in which the ground water contains less than 10,000
mg/1 total dissolved solids.
(5) Solid waste boundary means the outermost perimeter of the solid
waste (projected in the horizontal plane) as it would exist at
completion of the disposal activity.
[44 FR 53460, Sept. 13, 1979, as amended at 46 FR 47052, Sept. 23, 1981;
58 FR 9386, Feb. 19, 1993]
Sec. 257.3-5 Application to land used for the production of food-chain crops (interim final).
(a) Cadmium. A facility or practice concerning application of solid
waste to within one meter (three feet) of the surface of land used for
the production of food-chain crops shall not exist or occur, unless in
compliance with all requirements of paragraphs (a)(1) (i) through (iii)
of this section or all requirements of paragraphs (a)(2) (i) through
(iv) of this section.
(1)(i) The pH of the solid waste and soil mixture is 6.5 or greater
at the time of each solid waste application, except for solid waste
containing cadmium at concentrations of 2 mg/kg (dry weight) or less.
(ii) The annual application of cadmium from solid waste does not
exceed 0.5 kilograms per hectare (kg/ha) on land used for production of
tobacco, leafy vegetables or root crops grown for human consumption. For
other food-chain crops, the annual cadmium application rate does not
exceed:
------------------------------------------------------------------------
Annual Cd
application
Time period rate (kg/
ha)
------------------------------------------------------------------------
Present to June 30, 1984................................... 2.0
July 1, 1984 to December 31, 1986.......................... 1.25
Beginning January 1, 1987.................................. 0.5
------------------------------------------------------------------------
(iii) The cumulative application of cadmium from solid waste does
not exceed the levels in either paragraph (a)(1)(iii)(A) or (B) of this
section.
(A)
------------------------------------------------------------------------
Maximum cumulative
application (kg/ha)
-----------------------
Soil cation exchange capacity (meq/100g) Background Background
soil pH soil pH
less than more than
6.5 6.5
------------------------------------------------------------------------
Less than 5.................................... 5 5
5 to 15......................................... 5 10
More than 15.................................... 5 20
------------------------------------------------------------------------
(B) For soils with a background pH of less than 6.5, the cumulative
cadmium application rate does not exceed the levels below: Provided,
That the pH of the solid waste and soil mixture is adjusted to and
maintained at 6.5 or greater whenever food-chain crops are grown.
------------------------------------------------------------------------
Maximum
cumulative
Soil cation exchange capacity (meq/100g) application
(kg/ha)
------------------------------------------------------------------------
Less than 5................................................ 5
5 to 15.................................................... 10
More than 15............................................... 20
------------------------------------------------------------------------
(2)(i) The only food-chain crop produced is animal feed.
[[Page 360]]
(ii) The pH of the solid waste and soil mixture is 6.5 or greater at
the time of solid waste application or at the time the crop is planted,
whichever occurs later, and this pH level is maintained whenever food-
chain crops are grown.
(iii) There is a facility operating plan which demonstrates how the
animal feed will be distributed to preclude ingestion by humans. The
facility operating plan describes the measures to be taken to safeguard
against possible health hazards from cadmium entering the food chain,
which may result from alternative land uses.
(iv) Future property owners are notified by a stipulation in the
land record or property deed which states that the property has received
solid waste at high cadmium application rates and that food-chain crops
should not be grown, due to a possible health hazard.
(b) Polychlorinated Biphenyls (PCBs). Solid waste containing
concentrations of PCBs equal to or greater than 10 mg/kg (dry weight) is
incorporated into the soil when applied to land used for producing
animal feed, including pasture crops for animals raised for milk.
Incorporation of the solid waste into the soil is not required if it is
assured that the PCB content is less than 0.2 mg/kg (actual weight) in
animal feed or less than 1.5 mg/kg (fat basis) in milk.
(c) As used in this section:
(1) Animal feed means any crop grown for consumption by animals,
such as pasture crops, forage, and grain.
(2) Background soil pH means the pH of the soil prior to the
addition of substances that alter the hydrogen ion concentration.
(3) Cation exchange capacity means the sum of exchangeable cations a
soil can absorb expressed in milli-equivalents per 100 grams of soil as
determined by sampling the soil to the depth of cultivation or solid
waste placement, whichever is greater, and analyzing by the summation
method for distinctly acid soils or the sodium acetate method for
neutral, calcareous or saline soils (``Methods of Soil Analysis,
Agronomy Monograph No. 9.'' C. A. Black, ed., American Society of
Agronomy, Madison, Wisconsin. pp 891-901, 1965).
(4) Food-chain crops means tobacco, crops grown for human
consumption, and animal feed for animals whose products are consumed by
humans.
(5) Incorporated into the soil means the injection of solid waste
beneath the surface of the soil or the mixing of solid waste with the
surface soil.
(6) Pasture crops means crops such as legumes, grasses, grain
stubble and stover which are consumed by animals while grazing.
(7) pH means the logarithm of the reciprocal of hydrogen ion
concentration.
(8) Root crops means plants whose edible parts are grown below the
surface of the soil.
(9) Soil pH is the value obtained by sampling the soil to the depth
of cultivation or solid waste placement, whichever is greater, and
analyzing by the electrometric method. (``Methods of Soil Analysis,
Agronomy Monograph No. 9,'' C.A. Black, ed., American Society of
Agronomy, Madison, Wisconsin, pp. 914-926, 1965.)
[44 FR 53460, Sept. 13, 1979; 44 FR 54708, Sept. 21, 1979]
Sec. 257.3-6 Disease.
(a) Disease Vectors. The facility or practice shall not exist or
occur unless the on-site population of disease vectors is minimized
through the periodic application of cover material or other techniques
as appropriate so as to protect public health.
(b) Sewage sludge and septic tank pumpings (Interim Final). A
facility or practice involving disposal of sewage sludge or septic tank
pumpings shall not exist or occur unless in compliance with paragraphs
(b) (1), (2) or (3) of this section.
(1) Sewage sludge that is applied to the land surface or is
incorporated into the soil is treated by a Process to Significantly
Reduce Pathogens prior to application or incorporation. Public access to
the facility is controlled for at least 12 months, and grazing by
animals whose products are consumed by humans is prevented for at least
one month. Processes to Significantly Reduce Pathogens are listed in
appendix II, section A. (These provisions do not apply to sewage sludge
disposed of by a trenching or burial operation.)
[[Page 361]]
(2) Septic tank pumpings that are applied to the land surface or
incorporated into the soil are treated by a Process to Significantly
Reduce Pathogens (as listed in appendix II, section A), prior to
application or incorporation, unless public access to the facility is
controlled for at least 12 months and unless grazing by animals whose
products are consumed by humans is prevented for at least one month.
(These provisions do not apply to septic tank pumpings disposed of by a
trenching or burial operation.)
(3) Sewage sludge or septic tank pumpings that are applied to the
land surface or are incorporated into the soil are treated by a Process
to Further Reduce Pathogens, prior to application or incorporation, if
crops for direct human consumption are grown within 18 months subsequent
to application or incorporation. Such treatment is not required if there
is no contact between the solid waste and the edible portion of the
crop; however, in this case the solid waste is treated by a Process to
Significantly Reduce Pathogens, prior to application; public access to
the facility is controlled for at least 12 months; and grazing by
animals whose products are consumed by humans is prevented for at least
one month. If crops for direct human consumption are not grown within 18
months of application or incorporation, the requirements of paragraphs
(b) (1) and (2) of this section apply. Processes to Further Reduce
Pathogens are listed in appendix II, section B.
(c) As used in this section:
(1) Crops for direct human consumption means crops that are consumed
by humans without processing to minimize pathogens prior to distribution
to the consumer.
(2) Disease vector means rodents, flies, and mosquitoes capable of
transmitting disease to humans.
(3) Incorporated into the soil means the injection of solid waste
beneath the surface of the soil or the mixing of solid waste with the
surface soil.
(4) Periodic application of cover material means the application and
compaction of soil or other suitable material over disposed solid waste
at the end of each operating day or at such frequencies and in such a
manner as to reduce the risk of fire and to impede vectors access to the
waste.
(5) Trenching or burial operation means the placement of sewage
sludge or septic tank pumpings in a trench or other natural or man-made
depression and the covering with soil or other suitable material at the
end of each operating day such that the wastes do not migrate to the
surface.
[44 FR 53460, Sept. 13, 1979; 44 FR 54708, Sept. 21, 1979]
Sec. 257.3-7 Air.
(a) The facility or practice shall not engage in open burning of
residential, commercial, institutional or industrial solid waste. This
requirement does not apply to infrequent burning of agricultural wastes
in the field, silvicultural wastes for forest management purposes, land-
clearing debris, diseased trees, debris from emergency clean-up
operations, and ordnance.
(b) For purposes of section 4004(a) of the Act, the facility shall
not violate applicable requirements developed under a State
Implementation Plan (SIP) approved or promulgated by the Administrator
pursuant to section 110 of the Clean Air Act, as amended.
(c) As used in this section ``open burning'' means the combustion of
solid waste without (1) control of combustion air to maintain adequate
temperature for efficient combustion, (2) containment of the combustion
reaction in an enclosed device to provide sufficient residence time and
mixing for complete combustion, and (3) control of the emission of the
combustion products.
[44 FR 53460, Sept. 13, 1979; 44 FR 54708, Sept. 21, 1979, as amended at
46 FR 47052, Sept. 23, 1981]
Sec. 257.3-8 Safety.
(a) Explosive gases. The concentration of explosive gases generated
by the facility or practice shall not exceed:
(1) Twenty-five percent (25%) of the lower explosive limit for the
gases in facility structures (excluding gas control or recovery system
components); and
(2) The lower explosive limit for the gases at the property
boundary.
[[Page 362]]
(b) Fires. A facility or practice shall not pose a hazard to the
safety of persons or property from fires. This may be accomplished
through compliance with Sec. 257.3-7 and through the periodic
application of cover material or other techniques as appropriate.
(c) Bird hazards to aircraft. A facility or practice disposing of
putrescible wastes that may attract birds and which occurs within 10,000
feet (3,048 meters) of any airport runway used by turbojet aircraft or
within 5,000 feet (1,524 meters) of any airport runway used by only
piston-type aircraft shall not pose a bird hazard to aircraft.
(d) Access. A facility or practice shall not allow uncontrolled
public access so as to expose the public to potential health and safety
hazards at the disposal site.
(e) As used in this section:
(1) Airport means public-use airport open to the public without
prior permission and without restrictions within the physical capacities
of available facilities.
(2) Bird hazard means an increase in the likelihood of bird/aircraft
collisions that may cause damage to the aircraft or injury to its
occupants.
(3) Explosive gas means methane (CH4).
(4) Facility structures means any buildings and sheds or utility or
drainage lines on the facility.
(5) Lower explosive limit means the lowest percent by volume of a
mixture of explosive gases which will propagate a flame in air at 25
deg.C and atmospheric pressure.
(6) Periodic application of cover material means the application and
compaction of soil or other suitable material over disposed solid waste
at the end of each operating day or at such frequencies and in such a
manner as to reduce the risk of fire and to impede disease vectors'
access to the waste.
(7) Putrescible wastes means solid waste which contains organic
matter capable of being decomposed by microorganisms and of such a
character and proportion as to be capable of attracting or providing
food for birds.
Sec. 257.4 Effective date.
These criteria become effective October 15, 1979.
Subpart B--Disposal Standards for the Receipt of Conditionally Exempt
Small Quantity Generator (CESQG) Wastes at Non-Municipal Non-Hazardous
Waste Disposal Units
Source: 61 FR 34269, July 1, 1996, unless otherwise noted.
Effective Date Note: At 61 FR 34269, July 1, 1996, subpart B to part
257 was added, effective Jan. 1, 1998, with the exception of
Secs. 257.21-257.28, which will become effective July 1, 1998, and
Secs. 257.24, 257.25, and 257.27, which contain information collection
and recordkeeping requirements and are pending OMB approval.
Sec. 257.5 Disposal standards for owners/operators of non-municipal non-hazardous waste disposal units that receive Conditionally Exempt Small Quantity
Generator (CESQG) waste.
(a) Applicability. (1) The requirements in this section apply to
owners/operators of any non-municipal non-hazardous waste disposal unit
that receives CESQG hazardous waste, as defined in 40 CFR 261.5. Non-
municipal non-hazardous waste disposal units that meet the requirements
of this section may receive CESQG wastes. Any owner/operator of a non-
municipal non-hazardous waste disposal unit that receives CESQG
hazardous waste continues to be subject to the requirements in
Secs. 257.3-2, 257.3-3, 257.3-5, 257.3-6, 257.3-7, and 257.3-8 (a), (b),
and (d).
(2) Any non-municipal non-hazardous waste disposal unit that is
receiving CESQG hazardous waste as of January 1, 1998, must be in
compliance with the requirements in Secs. 257.7 through 257.13 and
Sec. 257.30 by January 1, 1998, and the requirements in Secs. 257.21
through 257.28 by July 1, 1998.
(3) Any non-municipal non-hazardous waste disposal unit that does
not meet the requirements in this section may not receive CESQG wastes.
(4) Any non-municipal non-hazardous waste disposal unit that is not
receiving CESQG Hazardous waste as of January 1, 1998, continues to be
subject to the requirements in Secs. 257.1 through 257.4.
(5) Any non-municipal non-hazardous waste disposal unit that first
receives CESQG hazardous waste after January
[[Page 363]]
1, 1998, must be in compliance with Secs. 257.7 through 257.30 prior to
the receipt of CESQG hazardous waste.
(b) Definitions.
Active life means the period of operation beginning with the initial
receipt of solid waste and ending at the final receipt of solid waste.
Existing unit means any non-municipal non-hazardous waste disposal
unit that is receiving CESQG hazardous waste as of January 1, 1998.
Facility means all contiguous land and structures, other
appurtenances, and improvements on the land used for the disposal of
non-municipal non-hazardous waste.
Lateral expansion means a horizontal expansion of the waste
boundaries of an existing non-municipal non-hazardous waste disposal
unit.
New unit means any non-municipal non-hazardous waste disposal unit
that has not received CESQG hazardous waste prior to January 1, 1998.
State means any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands, and Indian Tribes.
State Director means the chief administrative officer of the lead
State/Tribal agency responsible for implementing the State/Tribal permit
program for Subtitle D regulated facilities.
Uppermost aquifer means the geologic formation nearest the natural
ground surface that is an aquifer, as well as, lower aquifers that are
hydraulically interconnected with this aquifer within the facility's
property boundary.
Waste management unit boundary means a vertical surface located at
the hydraulically downgradient limit of the unit. This vertical surface
extends down into the uppermost aquifer.
Location Restrictions
Sec. 257.7 [Reserved]
Sec. 257.8 Floodplains.
(a) Owners or operators of new units, existing units, and lateral
expansions located in 100-year floodplains must demonstrate that the
unit will not restrict the flow of the 100-year flood, reduce the
temporary water storage capacity of the floodplain, or result in washout
of solid waste so as to pose a hazard to human health and the
environment. The owner or operator must place the demonstration in the
operating record and notify the State Director that it has been placed
in the operating record.
(b) For purposes of this section:
(1) Floodplain means the lowland and relatively flat areas adjoining
inland and coastal waters, including flood-prone areas of offshore
islands, that are inundated by the 100-year flood.
(2) 100-year flood means a flood that has a 1-percent or greater
chance of recurring in any given year or a flood of a magnitude equalled
or exceeded once in 100 years on the average over a significantly long
period.
(3) Washout means the carrying away of solid waste by waters of the
base flood.
Sec. 257.9 Wetlands.
(a) Owners or operators of new units and lateral expansions shall
not locate such units in wetlands, unless the owner or operator can make
the following demonstrations to the Director of an approved State:
(1) Where applicable under section 404 of the Clean Water Act or
applicable State wetlands laws, the presumption that a practicable
alternative to the proposed landfill is available which does not
involved wetlands is clearly rebutted:
(2) The construction and operation of the unit will not:
(i) Cause or contribute to violations of any applicable State water
quality standard;
(ii) Violate any applicable toxic effluent standard or prohibition
under Section 307 of the Clean Water Act;
(iii) Jeopardize the continued existence of endangered or threatened
species or result in the destruction or adverse modification of a
critical habitat, protected under the Endangered Species Act of 1973;
and
(iv) Violate any requirement under the Marine Protection, Research,
and Sanctuaries Act of 1972 for the protection of a marine sanctuary;
[[Page 364]]
(3) The unit will not cause or contribute to significant degradation
of wetlands. The owner/operator must demonstrate the integrity of the
unit and its ability to protect ecological resources by addressing the
following factors:
(i) Erosion, stability, and migration potential of native wetland
soils, muds and deposits used to support the unit;
(ii) Erosion, stability, and migration potential of dredged and fill
materials used to support the unit;
(iii) The volume and chemical nature of the waste managed in the
unit;
(iv) Impacts on fish, wildlife, and other aquatic resources and
their habitat from release of the waste;
(v) The potential effects of catastrophic release of waste to the
wetland and the resulting impacts on the environment; and
(vi) Any additional factors, as necessary, to demonstrate that
ecological resources in the wetland are sufficiently protected.
(4) To the extent required under section 404 of the Clean Water Act
or applicable State wetlands laws, steps have been taken to attempt to
achieve no net loss of wetlands (as defined by acreage and function) by
first avoiding impacts to wetlands to the maximum extent practicable as
required by paragraph (a)(1) of this section, then minimizing
unavoidable impacts to the maximum extent practicable, and finally
offsetting remaining unavoidable wetland impacts through all appropriate
and practicable compensatory mitigation actions (e.g., restoration of
existing degraded wetlands or creation of man-made wetlands); and
(5) Sufficient information is available to make a reasonable
determination with respect to these demonstrations.
(b) For purposes of this section, wetlands means those areas that
are defined in 40 CFR 232.2(r).
Secs. 257.10-257.12 [Reserved]
Sec. 257.13 Deadline for making demonstrations.
Existing units that cannot make the demonstration specified in
Sec. 257.8(a) pertaining to floodplains by January 1, 1998, must not
accept CESQG hazardous waste for disposal.
Ground-Water Monitoring and Corrective Action
Sec. 257.21 Applicability.
(a) The requirements in this section apply to units identified in
Sec. 257.5(a), except as provided in paragraph (b) of this section.
(b) Ground-water monitoring requirements under Secs. 257.22 through
257.25 may be suspended by the Director of an approved State for a unit
identified in Sec. 257.5(a) if the owner or operator can demonstrate
that there is no potential for migration of hazardous constituents from
that unit to the uppermost aquifer during the active life of the unit
plus 30 years. This demonstration must be certified by a qualified
ground-water scientist and approved by the Director of an approved
State, and must be based upon:
(1) Site-specific field collected measurements, sampling, and
analysis of physical, chemical, and biological processes affecting
contaminant fate and transport; and
(2) Contaminant fate and transport predictions that maximize
contaminant migration and consider impacts on human health and
environment.
(c) Owners and operators of facilities identified in Sec. 257.5(a)
must comply with the ground-water monitoring requirements of this
section according to the following schedule unless an alternative
schedule is specified under paragraph (d) of this section:
(1) Existing units and lateral expansions must be in compliance with
the ground-water monitoring requirements specified in Secs. 257.22
through 257.25 by July 1, 1998.
(2) New units identified in Sec. 257.5(a) must be in compliance with
the ground-water monitoring requirements specified in Secs. 257.22
through 257.25 before waste can be placed in the unit.
(d) The Director of an approved State may specify an alternative
schedule for the owners or operators of existing units and lateral
expansions to comply with the ground-water monitoring requirements
specified in Secs. 257.22 through 257.25. This schedule must ensure that
50 percent of all existing units are in compliance by July 1, 1998, and
all existing units are in compliance by July 1, 1999. In setting the
[[Page 365]]
compliance schedule, the Director of an approved State must consider
potential risks posed by the unit to human health and the environment.
The following factors should be considered in determining potential
risk:
(1) Proximity of human and environmental receptors;
(2) Design of the unit;
(3) Age of the unit;
(4) The size of the unit; and
(5) Resource value of the underlying aquifer, including:
(i) Current and future uses;
(ii) Proximity and withdrawal rate of users; and
(iii) Ground-water quality and quantity.
(e) Once established at a unit, ground-water monitoring shall be
conducted throughout the active life plus 30 years. The Director of an
approved State may decrease the 30 year period if the owner/operator
demonstrates that a shorter period of time is adequate to protect human
health and the environment and the Director approves the demonstration.
(f) For the purposes of this section, a qualified ground-water
scientist is a scientist or engineer who has received a baccalaureate or
post-graduate degree in the natural sciences or engineering and has
sufficient training and experience in ground-water hydrology and related
fields as may be demonstrated by State registration, professional
Certifications, or completion of accredited university programs that
enable that individual to make sound professional judgments regarding
ground-water monitoring, contaminant fate and transport, and corrective-
action.
(g) The Director of an approved State may establish alternative
schedules for demonstrating compliance with Sec. 257.22(d)(2),
pertaining to notification of placement of certification in operating
record; Sec. 257.24(c)(1), pertaining to notification that statistically
significant increase (SSI) notice is in operating record; Sec. 257.24(c)
(2) and (3), pertaining to an assessment monitoring program;
Sec. 257.25(b), pertaining to sampling and analyzing appendix II of Part
258 constituents; Sec. 257.25(d)(1), pertaining to placement of notice
(appendix II of 40 CFR part 258 constituents detected) in record and
notification of notice in record; Sec. 257.25(d)(2), pertaining to
sampling for appendix I and II of 40 CFR Part 258; Sec. 257.25(g),
pertaining to notification (and placement of notice in record) of SSI
above ground-water protection standard; Secs. 257.25(g)(1)(iv) and
257.26(a), pertaining to assessment of corrective measures;
Sec. 257.27(a), pertaining to selection of remedy and notification of
placement in record; Sec. 257.28(c)(4), pertaining to notification of
placement in record (alternative corrective action measures); and
Sec. 257.28(f), pertaining to notification of placement in record
(certification of remedy completed).
(h) Directors of approved States can use the flexibility in
paragraph (i) of this section for any non-municipal non-hazardous waste
disposal unit that receives CESQG waste, if the non-municipal non-
hazardous waste disposal unit:
(1) Disposes of less than 20 tons of non-municipal waste daily,
based on an annual average; and
(2) Has no evidence of ground-water contamination; and either
(3) Serves a community that experiences an annual interruption of at
least three consecutive months of surface transportation that prevents
access to a regional waste management facility; or
(4) Serves a community that has no practicable waste management
alternative and the non-municipal solid waste disposal facility is
located in an area that annually receives less than or equal to 25
inches of precipitation.
(5) Owners/operators of any non-municipal non-hazardous waste
disposal unit that meets the criteria in paragraph (h) of this section
must place in the operating record information demonstrating this.
(i) Directors of approved States may allow any non-municipal non-
hazardous waste disposal unit meeting the criteria in paragraph (h) of
this section to:
(1) Use alternatives to the ground-water monitoring system
prescribed in Secs. 257.22 through 257.25 so long as the alternatives
will detect and, if necessary, assess the nature or extent of
contamination from the non-municipal non-hazardous waste disposal unit
on a site-specific basis; or establish and use,
[[Page 366]]
on a site-specific basis, an alternative list of indicator parameters
for some or all of the constituents listed in appendix I (Appendix I of
40 CFR Part 258. Alternative indicator parameters approved by the
Director of an approved State under this section must ensure detection
of contamination from the non-municipal non-hazardous waste disposal
unit.
(2) If contamination is detected through the use of any alternative
to the ground-water monitoring system prescribed in Secs. 257.22 through
257.25, the non-municipal non-hazardous waste disposal unit owner or
operator must perform expanded monitoring to determine whether the
detected contamination is an actual release from the non-municipal solid
waste disposal unit and, if so, to determine the nature and extent of
the contamination. The Director of the approved State shall establish a
schedule for the non-municipal non-hazardous waste disposal unit owner
or operator to submit results from expanded monitoring in a manner that
ensures protection of human health and the environment.
(i) If expanded monitoring indicates that contamination from the
non-municipal non-hazardous waste disposal unit has reached the
saturated zone, the owner or operator must install ground-water
monitoring wells and sample these wells in accordance with Secs. 257.22
through 257.25.
(ii) If expanded monitoring indicates that contamination from the
non-municipal non-hazardous waste disposal unit is present in the
unsaturated zone or on the surface, the Director of an approved State
shall establish a schedule for the owner or operator to submit a
description of any necessary corrective measures. The schedule shall
ensure corrective measures, where necessary, are undertaken in a timely
manner that protects human health and the environment. The proposed
corrective measures are subject to revision and approval by the Director
of the approved State. The owner or operator must implement the
corrective measures according to a schedule established by the Director
of the approved State.
(3) When considering whether to allow alternatives to a ground-water
monitoring system prescribed in Secs. 257.22 through 257.25, including
alternative indicator parameters, the Director of an approved State
shall consider at least the following factors:
(i) The geological and hydrogeological characteristics of the site;
(ii) The impact of manmade and natural features on the effectiveness
of an alternative technology;
(iii) Climatic factors that may influence the selection, use, and
reliability of alternative ground-water monitoring procedures; and
(iv) The effectiveness of indicator parameters in detecting a
release.
(4) The Director of an approved State can require an owner or
operator to comply with the requirements of Secs. 257.22 through 257.25,
where it is determined by the Director that using alternatives to
ground-water monitoring approved under this paragraph are inadequate to
detect contamination and, if necessary, to assess the nature and extent
of contamination.
Sec. 257.22 Ground-water monitoring systems.
(a) A ground-water monitoring system must be installed that consists
of a sufficient number of wells, installed at appropriate locations and
depths, to yield ground-water samples from the uppermost aquifer (as
defined in Sec. 257.5(b)) that:
(1) Represent the quality of background ground water that has not
been affected by leakage from a unit. A determination of background
quality may include sampling of wells that are not hydraulically
upgradient of the waste management area where:
(i) Hydrogeologic conditions do not allow the owner or operator to
determine what wells are hydraulically upgradient; or
(ii) Sampling at other wells will provide an indication of
background ground-water quality that is as representative or more
representative than that provided by the upgradient wells; and
(2) Represent the quality of ground water passing the relevant point
of compliance specified by the Director of
[[Page 367]]
an approved State or at the waste management unit boundary in an
unapproved State. The downgradient monitoring system must be installed
at the relevant point of compliance specified by the Director of an
approved State or at the waste management unit boundary in an unapproved
State that ensures detection of ground-water contamination in the
uppermost aquifer. The relevant point of compliance specified by the
Director of an approved State shall be no more than 150 meters from the
waste management unit boundary and shall be located on land owned by the
owner of the facility. In determining the relevant point of compliance
the State Director shall consider at least the following factors: the
hydrogeologic characteristics of the unit and surrounding land, the
volume and physical and chemical characteristics of the leachate, the
quantity, quality and direction of flow of ground water, the proximity
and withdrawal rate of the ground-water users, the availability of
alternative drinking water supplies, the existing quality of the ground
water, including other sources of contamination and their cumulative
impacts on the ground water, and whether the ground water is currently
used or reasonably expected to be used for drinking water, public
health, safety, and welfare effects, and practicable capability of the
owner or operator. When physical obstacles preclude installation of
ground-water monitoring wells at the relevant point of compliance at
existing units, the down-gradient monitoring system may be installed at
the closest practicable distance hydraulically down-gradient from the
relevant point of compliance specified by the Director of an approved
State that ensures detection of groundwater contamination in the
uppermost aquifer.
(b) The Director of an approved State may approve a multi-unit
ground-water monitoring system instead of separate ground-water
monitoring systems for each unit when the facility has several units,
provided the multi-unit ground-water monitoring system meets the
requirement of Sec. 257.22(a) and will be as protective of human health
and the environment as individual monitoring systems for each unit,
based on the following factors:
(1) Number, spacing, and orientation of the units;
(2) Hydrogeologic setting;
(3) Site history;
(4) Engineering design of the units; and
(5) Type of waste accepted at the units.
(c) Monitoring wells must be cased in a manner that maintains the
integrity of the monitoring well bore hole. This casing must be screened
or perforated and packed with gravel or sand, where necessary, to enable
collection of ground-water samples. The annular space (i.e., the space
between the bore hole and well casing) above the sampling depth must be
sealed to prevent contamination of samples and the ground water.
(1) The owner or operator must notify the State Director that the
design, installation, development, and decommission of any monitoring
wells, piezometers and other measurement, sampling, and analytical
devices documentation has been placed in the operating record; and
(2) The monitoring wells, piezometers, and other measurement,
sampling, and analytical devices must be operated and maintained so that
they perform to design specifications throughout the life of the
monitoring program.
(d) The number, spacing, and depths of monitoring systems shall be:
(1) Determined based upon site-specific technical information that
must include thorough characterization of:
(i) Aquifer thickness, ground-water flow rate, ground-water flow
direction including seasonal and temporal fluctuations in ground-water
flow; and
(ii) Saturated and unsaturated geologic units and fill materials
overlying the uppermost aquifer, materials comprising the uppermost
aquifer, and materials comprising the confining unit defining the lower
boundary of the uppermost aquifer; including, but not limited to:
thicknesses, stratigraphy, lithology, hydraulic conductivities,
porosities and effective porosities.
(2) Certified by a qualified ground-water scientist or approved by
the Director of an approved State. Within 14
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days of this certification, the owner or operator must notify the State
Director that the certification has been placed in the operating record.
Sec. 257.23 Ground-water sampling and analysis requirements.
(a) The ground-water monitoring program must include consistent
sampling and analysis procedures that are designed to ensure monitoring
results that provide an accurate representation of ground-water quality
at the background and downgradient wells installed in compliance with
Sec. 257.22(a). The owner or operator must notify the State Director
that the sampling and analysis program documentation has been placed in
the operating record and the program must include procedures and
techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures;
(4) Chain of custody control; and
(5) Quality assurance and quality control.
(b) The ground-water monitoring program must include sampling and
analytical methods that are appropriate for ground-water sampling and
that accurately measure hazardous constituents and other monitoring
parameters in ground-water samples. Ground-water samples shall not be
field-filtered prior to laboratory analysis.
(c) The sampling procedures and frequency must be protective of
human health and the environment.
(d) Ground-water elevations must be measured in each well
immediately prior to purging, each time ground water is sampled. The
owner or operator must determine the rate and direction of ground-water
flow each time ground water is sampled. Ground-water elevations in wells
which monitor the same waste management area must be measured within a
period of time short enough to avoid temporal variations in ground-water
flow which could preclude accurate determination of ground-water flow
rate and direction.
(e) The owner or operator must establish background ground-water
quality in a hydraulically upgradient or background well(s) for each of
the monitoring parameters or constituents required in the particular
ground-water monitoring program that applies to the unit, as determined
under Sec. 257.24(a), or Sec. 257.25(a). Background ground-water quality
may be established at wells that are not located hydraulically
upgradient from the unit if it meets the requirements of
Sec. 257.22(a)(1).
(f) The number of samples collected to establish ground-water
quality data must be consistent with the appropriate statistical
procedures determined pursuant to paragraph (g) of this section. The
sampling procedures shall be those specified under Sec. 257.24(b) for
detection monitoring, Sec. 257.25 (b) and (d) for assessment monitoring,
and Sec. 257.26(b) for corrective action.
(g) The owner or operator must specify in the operating record one
of the following statistical methods to be used in evaluating ground-
water monitoring data for each hazardous constituent. The statistical
test chosen shall be conducted separately for each hazardous constituent
in each well.
(1) A parametric analysis of variance (ANOVA) followed by multiple
comparisons procedures to identify statistically significant evidence of
contamination. The method must include estimation and testing of the
contrasts between each compliance well's mean and the background mean
levels for each constituent.
(2) An analysis of variance (ANOVA) based on ranks followed by
multiple comparisons procedures to identify statistically significant
evidence of contamination. The method must include estimation and
testing of the contrasts between each compliance well's median and the
background median levels for each constituent.
(3) A tolerance or prediction interval procedure in which an
interval for each constituent is established from the distribution of
the background data, and the level of each constituent in each
compliance well is compared to the upper tolerance or prediction limit.
(4) A control chart approach that gives control limits for each
constituent.
(5) Another statistical test method that meets the performance
standards of paragraph (h) of this section. The
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owner or operator must place a justification for this alternative in the
operating record and notify the State Director of the use of this
alternative test. The justification must demonstrate that the
alternative method meets the performance standards of paragraph (h) of
this section.
(h) Any statistical method chosen under paragraph (g) of this
section shall comply with the following performance standards, as
appropriate:
(1) The statistical method used to evaluate ground-water monitoring
data shall be appropriate for the distribution of chemical parameters or
hazardous constituents. If the distribution of the chemical parameters
or hazardous constituents is shown by the owner or operator to be
inappropriate for a normal theory test, then the data should be
transformed or a distribution-free theory test should be used. If the
distributions for the constituents differ, more than one statistical
method may be needed.
(2) If an individual well comparison procedure is used to compare an
individual compliance well constituent concentration with background
constituent concentrations or a ground-water protection standard, the
test shall be done at a Type I error level no less than 0.01 for each
testing period. If a multiple comparisons procedure is used, the Type I
experiment wise error rate for each testing period shall be no less than
0.05; however, the Type I error of no less than 0.01 for individual well
comparisons must be maintained. This performance standard does not apply
to tolerance intervals, prediction intervals, or control charts.
(3) If a control chart approach is used to evaluate ground-water
monitoring data, the specific type of control chart and its associated
parameter values shall be protective of human health and the
environment. The parameters shall be determined after considering the
number of samples in the background data base, the data distribution,
and the range of the concentration values for each constituent of
concern.
(4) If a tolerance interval or a predictional interval is used to
evaluate ground-water monitoring data, the levels of confidence and, for
tolerance intervals, the percentage of the population that the interval
must contain, shall be protective of human health and the environment.
These parameters shall be determined after considering the number of
samples in the background data base, the data distribution, and the
range of the concentration values for each constituent of concern.
(5) The statistical method shall account for data below the limit of
detection with one or more statistical procedures that are protective of
human health and the environment. Any practical quantitation limit (pql)
that is used in the statistical method shall be the lowest concentration
level that can be reliably achieved within specified limits of precision
and accuracy during routine laboratory operating conditions that are
available to the facility.
(6) If necessary, the statistical method shall include procedures to
control or correct for seasonal and spatial variability as well as
temporal correlation in the data.
(i) The owner or operator must determine whether or not there is a
statistically significant increase over background values for each
parameter or constituent required in the particular ground-water
monitoring program that applies to the unit, as determined under
Secs. 257.24(a) or 257.25(a).
(1) In determining whether a statistically significant increase has
occurred, the owner or operator must compare the ground-water quality of
each parameter or constituent at each monitoring well designated
pursuant to Sec. 257.22(a)(2) to the background value of that
constituent, according to the statistical procedures and performance
standards specified under paragraphs (g) and (h) of this section.
(2) Within a reasonable period of time after completing sampling and
analysis, the owner or operator must determine whether there has been a
statistically significant increase over background at each monitoring
well.
Sec. 257.24 Detection monitoring program.
(a) Detection monitoring is required at facilities identified in
Sec. 257.5(a) at all ground-water monitoring wells defined under
Secs. 257.22 (a)(1) and (a)(2). At a
[[Page 370]]
minimum, a detection monitoring program must include the monitoring for
the constituents listed in appendix I of 40 CFR Part 258.
(1) The Director of an approved State may delete any of the appendix
I (Appendix I of 40 CFR Part 258) monitoring parameters for a unit if it
can be shown that the removed constituents are not reasonably expected
to be contained in or derived from the waste contained in the unit.
(2) The Director of an approved State may establish an alternative
list of indicator parameters for a unit, in lieu of some or all of the
constituents in appendix I to 40 CFR Part 258, if the alternative
parameters provide a reliable indication of releases from the unit to
the ground water. In determining alternative parameters, the Director
shall consider the following factors:
(i) The types, quantities, and concentrations of constituents in
waste managed at the unit;
(ii) The mobility, stability, and persistence of waste constituents
or their reaction products in the unsaturated zone beneath the unit;
(iii) The detectability of indicator parameters, waste constituents,
and reaction products in the ground water; and
(iv) The concentration or values and coefficients of variation of
monitoring parameters or constituents in the groundwater background.
(b) The monitoring frequency for all constituents listed in appendix
I to 40 CFR Part 258, or in the alternative list approved in accordance
with paragraph (a)(2) of this section, shall be at least semiannual
during the active life of the unit plus 30 years. A minimum of four
independent samples from each well (background and downgradient) must be
collected and analyzed for the appendix I (Appendix I of 40 CFR, Part
258) constituents, or the alternative list approved in accordance with
paragraph (a)(2) of this section, during the first semiannual sampling
event. At least one sample from each well (background and downgradient)
must be collected and analyzed during subsequent semiannual sampling
events. The Director of an approved State may specify an appropriate
alternative frequency for repeated sampling and analysis for appendix I
(Appendix I of 40 CFR Part 258) constituents, or the alternative list
approved in accordance with paragraph (a)(2) of this section, during the
active life plus 30 years. The alternative frequency during the active
life shall be no less than annual. The alternative frequency shall be
based on consideration of the following factors:
(1) Lithology of the aquifer and unsaturated zone;
(2) Hydraulic conductivity of the aquifer and unsaturated zone;
(3) Ground-water flow rates;
(4) Minimum distance between upgradient edge of the unit and
downgradient monitoring well screen (minimum distance of travel); and
(5) Resource value of the aquifer.
(c) If the owner or operator determines, pursuant to Sec. 257.23(g),
that there is a statistically significant increase over background for
one or more of the constituents listed in appendix I to 40 CFR Part 258,
or in the alternative list approved in accordance with paragraph (a)(2)
of this section, at any monitoring well at the boundary specified under
Sec. 257.22(a)(2), the owner or operator:
(1) Must, within 14 days of this finding, place a notice in the
operating record indicating which constituents have shown statistically
significant changes from background levels, and notify the State
Director that this notice was placed in the operating record; and
(2) Must establish an assessment monitoring program meeting the
requirements of Sec. 257.25 within 90 days except as provided for in
paragraph (c)(3) of this section.
(3) The owner/operator may demonstrate that a source other than the
unit caused the contamination or that the statistically significant
increase resulted from error in sampling, analysis, statistical
evaluation, or natural variation in ground-water quality. A report
documenting this demonstration must be certified by a qualified ground-
water scientist or approved by the Director of an approved State and be
placed in the operating record. If a successful demonstration is made
and documented, the owner or operator may continue detection monitoring
as specified in this section. If, after 90 days, a
[[Page 371]]
successful demonstration is not made, the owner or operator must
initiate an assessment monitoring program as required in Sec. 257.25.
Sec. 257.25 Assessment monitoring program.
(a) Assessment monitoring is required whenever a statistically
significant increase over background has been detected for one or more
of the constituents listed in appendix I of 40 CFR Part 258 or in the
alternative list approved in accordance with Sec. 257.24(a)(2).
(b) Within 90 days of triggering an assessment monitoring program,
and annually thereafter, the owner or operator must sample and analyze
the ground water for all constituents identified in appendix II of 40
CFR Part 258. A minimum of one sample from each downgradient well must
be collected and analyzed during each sampling event. For any
constituent detected in the downgradient wells as the result of the
complete appendix II (Appendix II of 40 CFR Part 258) analysis, a
minimum of four independent samples from each well (background and
downgradient) must be collected and analyzed to establish background for
the new constituents. The Director of an approved State may specify an
appropriate subset of wells to be sampled and analyzed for appendix II
(Appendix II of 40 CFR Part 258) constituents during assessment
monitoring. The Director of an approved State may delete any of the
appendix II (Appendix II of 40 CFR Part 258) monitoring parameters for a
unit if it can be shown that the removed constituents are not reasonably
expected to be in or derived from the waste contained in the unit.
(c) The Director of an approved State may specify an appropriate
alternate frequency for repeated sampling and analysis for the full set
of appendix II (Appendix II of 40 CFR part 258) constituents, or the
alternative list approved in accordance with paragraph (b) of this
section, during the active life plus 30 years considering the following
factors:
(1) Lithology of the aquifer and unsaturated zone;
(2) Hydraulic conductivity of the aquifer and unsaturated zone;
(3) Ground-water flow rates;
(4) Minimum distance between upgradient edge of the unit and
downgradient monitoring well screen (minimum distance of travel);
(5) Resource value of the aquifer; and
(6) Nature (fate and transport) of any constituents detected in
response to this section.
(d) After obtaining the results from the initial or subsequent
sampling events required in paragraph (b) of this section, the owner or
operator must:
(1) Within 14 days, place a notice in the operating record
identifying the appendix II (appendix II of 40 CFR part 258)
constituents that have been detected and notify the State Director that
this notice has been placed in the operating record;
(2) Within 90 days, and on at least a semiannual basis thereafter,
resample all wells specified by Sec. 257.22(a) to this section, conduct
analyses for all constituents in appendix I (Appendix I of 40 CFR part
258) to this part or in the alternative list approved in accordance with
Sec. 257.24(a)(2), and for those constituents in appendix II to 40 CFR
part 258 that are detected in response to paragraph (b) of this section,
and record their concentrations in the facility operating record. At
least one sample from each well (background and downgradient) must be
collected and analyzed during these sampling events. The Director of an
approved State may specify an alternative monitoring frequency during
the active life plus 30 years for the constituents referred to in this
paragraph. The alternative frequency for appendix I (Appendix I of 40
CFR part 258) constituents, or the alternative list approved in
accordance with Sec. 257.24(a)(2), during the active life shall be no
less than annual. The alternative frequency shall be based on
consideration of the factors specified in paragraph (c) of this section;
(3) Establish background concentrations for any constituents
detected pursuant to paragraphs (b) or (d)(2) of this section; and
(4) Establish ground-water protection standards for all constituents
detected pursuant to paragraph (b) or (d) of this section. The ground-
water protection
[[Page 372]]
standards shall be established in accordance with paragraphs (h) or (i)
of this section.
(e) If the concentrations of all appendix II (Appendix II of 40 CFR
part 258) constituents are shown to be at or below background values,
using the statistical procedures in Sec. 257.23(g), for two consecutive
sampling events, the owner or operator must notify the State Director of
this finding and may return to detection monitoring.
(f) If the concentrations of any appendix II (Appendix II of part
258) constituents are above background values, but all concentrations
are below the ground-water protection standard established under
paragraphs (h) or (i) of this section, using the statistical procedures
in Sec. 257.23(g), the owner or operator must continue assessment
monitoring in accordance with this section.
(g) If one or more appendix II (Appendix II of CFR part 258)
constituents are detected at statistically significant levels above the
ground-water protection standard established under paragraphs (h) or (i)
of this section in any sampling event, the owner or operator must,
within 14 days of this finding, place a notice in the operating record
identifying the appendix II (Appendix II of 40 CFR part 258)
constituents that have exceeded the ground-water protection standard and
notify the State Director and all appropriate local government officials
that the notice has been placed in the operating record. The owner or
operator also:
(1)(i) Must characterize the nature and extent of the release by
installing additional monitoring wells as necessary;
(ii) Must install at least one additional monitoring well at the
facility boundary in the direction of contaminant migration and sample
this well in accordance with paragraph (d)(2) of this section;
(iii) Must notify all persons who own the land or reside on the land
that directly overlies any part of the plume of contamination if
contaminants have migrated off-site if indicated by sampling of wells in
accordance paragraph (g)(1) of this section; and
(iv) Must initiate an assessment of corrective measures as required
by Sec. 257.26 within 90 days; or
(2) May demonstrate that a source other than the non-municipal non-
hazardous waste disposal unit caused the contamination, or that the
statistically significant increase resulted from error in sampling,
analysis, statistical evaluation, or natural variation in ground-water
quality. A report documenting this demonstration must be certified by a
qualified ground-water scientist or approved by the Director of an
approved State and placed in the operating record. If a successful
demonstration is made the owner or operator must continue monitoring in
accordance with the assessment monitoring program pursuant to this
Sec. 257.25, and may return to detection monitoring if the appendix II
(Appendix II of 40 CFR part 258) constituents are at or below background
as specified in paragraph (e) of this section. Until a successful
demonstration is made, the owner or operator must comply with
Sec. 257.25(g) including initiating an assessment of corrective
measures.
(h) The owner or operator must establish a ground-water protection
standard for each appendix II (Appendix II of 40 CFR part 258)
constituent detected in the ground-water. The ground-water protection
standard shall be:
(1) For constituents for which a maximum contaminant level (MCL) has
been promulgated under section 1412 of the Safe Drinking Water Act
(codified) under 40 CFR part 141, the MCL for that constituent;
(2) For constituents for which MCLs have not been promulgated, the
background concentration for the constituent established from wells in
accordance with Sec. 257.22(a)(1); or
(3) For constituents for which the background level is higher than
the MCL identified under subparagraph (h)(1) of this section or health
based levels identified under paragraph (i)(1) of this section, the
background concentration.
(i) The Director of an approved State may establish an alternative
ground-water protection standard for constituents for which MCLs have
not been established. These ground-water protection standards shall be
appropriate health based levels that satisfy the following criteria:
[[Page 373]]
(1) The level is derived in a manner consistent with Agency
guidelines for assessing the health risks of environmental pollutants
(51 FR 33992, 34006, 34014, 34028, September 24, 1986);
(2) The level is based on scientifically valid studies conducted in
accordance with the Toxic Substances Control Act Good Laboratory
Practice Standards (40 CFR part 792) or equivalent;
(3) For carcinogens, the level represents a concentration associated
with an excess lifetime cancer risk level (due to continuous lifetime
exposure) within the 1 x 10-4 to 1 x 10-6 range; and
(4) For systemic toxicants, the level represents a concentration to
which the human population (including sensitive subgroups) could be
exposed to on a daily basis that is likely to be without appreciable
risk of deleterious effects during a lifetime. For purposes of this
subpart, systemic toxicants include toxic chemicals that cause effects
other than cancer or mutation.
(j) In establishing ground-water protection standards under
paragraph (i) of this section, the Director of an approved State may
consider the following:
(1) Multiple contaminants in the ground water;
(2) Exposure threats to sensitive environmental receptors; and
(3) Other site-specific exposure or potential exposure to ground
water.
Sec. 257.26 Assessment of corrective measures.
(a) Within 90 days of finding that any of the constituents listed in
appendix II (Appendix II of 40 CFR Part 258) have been detected at a
statistically significant level exceeding the ground-water protection
standards defined under Sec. 257.25 (h) or (i), the owner or operator
must initiate an assessment of corrective measures. Such an assessment
must be completed within a reasonable period of time.
(b) The owner or operator must continue to monitor in accordance
with the assessment monitoring program as specified in Sec. 257.25.
(c) The assessment shall include an analysis of the effectiveness of
potential corrective measures in meeting all of the requirements and
objectives of the remedy as described under Sec. 257.27, addressing at
least the following:
(1) The performance, reliability, ease of implementation, and
potential impacts of appropriate potential remedies, including safety
impacts, cross-media impacts, and control of exposure to any residual
contamination;
(2) The time required to begin and complete the remedy;
(3) The costs of remedy implementation; and
(4) The institutional requirements such as State or local permit
requirements or other environmental or public health requirements that
may substantially affect implementation of the remedy(s).
(d) The owner or operator must discuss the results of the corrective
measures assessment, prior to the selection of remedy, in a public
meeting with interested and affected parties.
Sec. 257.27 Selection of remedy.
(a) Based on the results of the corrective measures assessment
conducted under Sec. 257.26, the owner or operator must select a remedy
that, at a minimum, meets the standards listed in paragraph (b) of this
section. The owner or operator must notify the State Director, within 14
days of selecting a remedy, that a report describing the selected remedy
has been placed in the operating record and how it meets the standards
in paragraph (b) of this section.
(b) Remedies must:
(1) Be protective of human health and the environment;
(2) Attain the ground-water protection standard as specified
pursuant to Secs. 257.25 (h) or (i);
(3) Control the source(s) of releases so as to reduce or eliminate,
to the maximum extent practicable, further releases of appendix II
(Appendix II of 40 CFR part 258) constituents into the environment that
may pose a threat to human health or the environment; and
(4) Comply with standards for management of wastes as specified in
Sec. 257.28(d).
(c) In selecting a remedy that meets the standards of
Sec. 257.27(b), the owner or operator shall consider the following
evaluation factors:
[[Page 374]]
(1) The long- and short-term effectiveness and protectiveness of the
potential remedy(s), along with the degree of certainty that the remedy
will prove successful based on consideration of the following:
(i) Magnitude of reduction of existing risks;
(ii) Magnitude of residual risks in terms of likelihood of further
releases due to waste remaining following implementation of a remedy;
(iii) The type and degree of long-term management required,
including monitoring, operation, and maintenance;
(iv) Short-term risks that might be posed to the community, workers,
or the environment during implementation of such a remedy, including
potential threats to human health and the environment associated with
excavation, transportation, and re-disposal or containment;
(v) Time until full protection is achieved;
(vi) Potential for exposure of humans and environmental receptors to
remaining wastes, considering the potential threat to human health and
the environment associated with excavation, transportation, re-disposal,
or containment;
(vii) Long-term reliability of the engineering and institutional
controls; and
(viii) Potential need for replacement of the remedy.
(2) The effectiveness of the remedy in controlling the source to
reduce further releases based on consideration of the following factors:
(i) The extent to which containment practices will reduce further
releases;
(ii) The extent to which treatment technologies may be used.
(3) The ease or difficulty of implementing a potential remedy(s)
based on consideration of the following types of factors:
(i) Degree of difficulty associated with constructing the
technology;
(ii) Expected operational reliability of the technologies;
(iii) Need to coordinate with and obtain necessary approvals and
permits from other agencies;
(iv) Availability of necessary equipment and specialists; and
(v) Available capacity and location of needed treatment, storage,
and disposal services.
(4) Practicable capability of the owner or operator, including a
consideration of the technical and economic capability.
(5) The degree to which community concerns are addressed by a
potential remedy(s).
(d) The owner or operator shall specify as part of the selected
remedy a schedule(s) for initiating and completing remedial activities.
Such a schedule must require the initiation of remedial activities
within a reasonable period of time taking into consideration the factors
set forth in paragraphs (d)(1) through (d)(8) of this section. The owner
or operator must consider the following factors in determining the
schedule of remedial activities:
(1) Extent and nature of contamination;
(2) Practical capabilities of remedial technologies in achieving
compliance with ground-water protection standards established under
Secs. 257.25 (g) or (h) and other objectives of the remedy;
(3) Availability of treatment or disposal capacity for wastes
managed during implementation of the remedy;
(4) Desirability of utilizing technologies that are not currently
available, but which may offer significant advantages over already
available technologies in terms of effectiveness, reliability, safety,
or ability to achieve remedial objectives;
(5) Potential risks to human health and the environment from
exposure to contamination prior to completion of the remedy;
(6) Resource value of the aquifer including:
(i) Current and future uses;
(ii) Proximity and withdrawal rate of users;
(iii) Ground-water quantity and quality;
(iv) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituent;
(v) The hydrogeologic characteristic of the unit and surrounding
land;
(vi) Ground-water removal and treatment costs; and
[[Page 375]]
(vii) The cost and availability of alternative water supplies.
(7) Practicable capability of the owner or operator.
(8) Other relevant factors.
(e) The Director of an approved State may determine that remediation
of a release of an appendix II (Appendix II of 40 CFR part 258)
constituent from the unit is not necessary if the owner or operator
demonstrates to the Director of the approved state that:
(1) The ground-water is additionally contaminated by substances that
have originated from a source other than the unit and those substances
are present in concentrations such that cleanup of the release from the
unit would provide no significant reduction in risk to actual or
potential receptors; or
(2) The constituent(s) is present in ground water that:
(i) Is not currently or reasonably expected to be a source of
drinking water; and
(ii) Is not hydraulically connected with waters to which the
hazardous constituents are migrating or are likely to migrate in a
concentration(s) that would exceed the ground-water protection standards
established under Sec. 257.25 (h) or (i); or
(3) Remediation of the release(s) is technically impracticable; or
(4) Remediation results in unacceptable cross-media impacts.
(f) A determination by the Director of an approved State pursuant to
paragraph (e) of this section shall not affect the authority of the
State to require the owner or operator to undertake source control
measures or other measures that may be necessary to eliminate or
minimize further releases to the ground-water, to prevent exposure to
the ground-water, or to remediate the ground-water to concentrations
that are technically practicable and significantly reduce threats to
human health or the environment.
Sec. 257.28 Implementation of the corrective action program.
(a) Based on the schedule established under Sec. 257.27(d) for
initiation and completion of remedial activities the owner/operator
must:
(1) Establish and implement a corrective action ground-water
monitoring program that:
(i) At a minimum, meets the requirements of an assessment monitoring
program under Sec. 257.25;
(ii) Indicates the effectiveness of the corrective action remedy;
and
(iii) Demonstrates compliance with ground-water protection standard
pursuant to paragraph (e) of this section.
(2) Implement the corrective action remedy selected under
Sec. 257.27; and
(3) Take any interim measures necessary to ensure the protection of
human health and the environment. Interim measures should, to the
greatest extent practicable, be consistent with the objectives of and
contribute to the performance of any remedy that may be required
pursuant to Sec. 257.27. The following factors must be considered by an
owner or operator in determining whether interim measures are necessary:
(i) Time required to develop and implement a final remedy;
(ii) Actual or potential exposure of nearby populations or
environmental receptors to hazardous constituents;
(iii) Actual or potential contamination of drinking water supplies
or sensitive ecosystems;
(iv) Further degradation of the ground-water that may occur if
remedial action is not initiated expeditiously;
(v) Weather conditions that may cause hazardous constituents to
migrate or be released;
(vi) Risks of fire or explosion, or potential for exposure to
hazardous constituents as a result of an accident or failure of a
container or handling system; and
(vii) Other situations that may pose threats to human health and the
environment.
(b) An owner or operator may determine, based on information
developed after implementation of the remedy has begun or other
information, that compliance with requirements of Sec. 257.27(b) are not
being achieved through the remedy selected. In such cases, the owner or
operator must implement other methods or techniques that could
practicably achieve compliance with the requirements, unless the
[[Page 376]]
owner or operator makes the determination under Sec. 257.28(c).
(c) If the owner or operator determines that compliance with
requirements under Sec. 257.27(b) cannot be practically achieved with
any currently available methods, the owner or operator must:
(1) Obtain certification of a qualified ground-water scientist or
approval by the Director of an approved State that compliance with
requirements under Sec. 257.27(b) cannot be practically achieved with
any currently available methods;
(2) Implement alternate measures to control exposure of humans or
the environment to residual contamination, as necessary to protect human
health and the environment; and
(3) Implement alternate measures for control of the sources of
contamination, or for removal or decontamination of equipment, units,
devices, or structures that are:
(i) Technically practicable; and
(ii) Consistent with the overall objective of the remedy.
(4) Notify the State Director within 14 days that a report
justifying the alternative measures prior to implementing the
alternative measures has been placed in the operating record.
(d) All solid wastes that are managed pursuant to a remedy required
under Sec. 257.27, or an interim measure required under
Sec. 257.28(a)(3), shall be managed in a manner:
(1) That is protective of human health and the environment; and
(2) That complies with applicable RCRA requirements.
(e) Remedies selected pursuant to Sec. 257.27 shall be considered
complete when:
(1) The owner or operator complies with the ground-water protection
standards established under Secs. 257.25 (h) or (i) at all points within
the plume of contamination that lie beyond the ground-water monitoring
well system established under Sec. 257.22(a).
(2) Compliance with the ground-water protection standards
established under Secs. 257.25 (h) or (i) has been achieved by
demonstrating that concentrations of appendix II (Appendix II of Part
258) constituents have not exceeded the ground-water protection
standard(s) for a period of three consecutive years using the
statistical procedures and performance standards in Sec. 257.23 (g) and
(h). The Director of an approved State may specify an alternative length
of time during which the owner or operator must demonstrate that
concentrations of appendix II (Appendix II of 40 CFR part 258)
constituents have not exceeded the ground-water protection standard(s)
taking into consideration:
(i) Extent and concentration of the release(s);
(ii) Behavior characteristics of the hazardous constituents in the
ground-water;
(iii) Accuracy of monitoring or modeling techniques, including any
seasonal, meteorological, or other environmental variabilities that may
affect the accuracy; and
(iv) Characteristics of the ground-water.
(3) All actions required to complete the remedy have been satisfied.
(f) Upon completion of the remedy, the owner or operator must notify
the State Director within 14 days that a certification that the remedy
has been completed in compliance with the requirements of Sec. 257.28(e)
has been placed in the operating record. The certification must be
signed by the owner or operator and by a qualified ground-water
scientist or approved by the Director of an approved State.
Recordkeeping Requirements
Sec. 257.30 Recordkeeping requirements.
(a) The owner/operator of a non-municipal non-hazardous waste
disposal unit must record and retain near the facility in an operating
record or in an alternative location approved by the Director of an
approved State the following information as it becomes available:
(1) Any location restriction demonstration required under
Secs. 257.7 through 257.12; and
(2) Any demonstration, certification, finding, monitoring, testing,
or analytical data required in Secs. 257.21 through 257.28.
(b) The owner/operator must notify the State Director when the
documents from paragraph (a) of this section have
[[Page 377]]
been placed or added to the operating record, and all information
contained in the operating record must be furnished upon request to the
State Director or be made available at all reasonable times for
inspection by the State Director.
(c) The Director of an approved State can set alternative schedules
for recordkeeping and notification requirements as specified in
paragraphs (a) and (b) of this section, except for the notification
requirements in Sec. 257.25(g)(1)(iii).
Appendix I to 40 CFR Part 257--Maximum Contaminant Levels (MCLs)
Maximum Contaminant Levels (MCLs) Promulgated Under the Safe Drinking
Water Act
------------------------------------------------------------------------
MCL (mg/
Chemical CAS No. l)
------------------------------------------------------------------------
Arsenic........................................... 7440-38-2 0.05
Barium............................................ 7440-39-3 1.0
Benzene........................................... 71-343-2 0.005
Cadmium........................................... 7440-43-9 0.01
Carbon tetrachloride.............................. 56-23-5 0.005
Chromium (hexavalent)............................. 7440-47-3 0.05
2,4-Dichlorophenoxy acetic acid................... 94-75-7 0.1
1,4-Dichlorobenzene............................... 106-46-7 0.075
1,2-Dichloroethane................................ 107-06-2 0.005
1,1-Dichloroethylene.............................. 75-35-4 0.007
Endrin............................................ 75-20-8 0.0002
Fluoride.......................................... 7 4.0
Lindane........................................... 58-89-9 0.004
Lead.............................................. 7439-92-1 0.05
Mercury........................................... 7439-97-6 0.002
Methoxychlor...................................... 72-43-5 0.1
Nitrate........................................... .......... 10.0
Selenium.......................................... 7782-49-2 0.01
Silver............................................ 7440-22-4 0.05
Toxaphene......................................... 8001-35-2 0.005
1,1,1-Trichloroethane............................. 71-55-6 0.2
Trichloroethylene................................. 79-01-6 0.005
2,4,5-Trichlorophenoxy acetic acid................ 93-76-5 0.01
Vinyl chloride.................................... 75-01-4 0.002
------------------------------------------------------------------------
[56 FR 51016, Oct. 9, 1991]
Appendix II to Part 257
A. Processes to Significantly Reduce Pathogens
Aerobic digestion: The process is conducted by agitating sludge with
air or oxygen to maintain aerobic conditions at residence times ranging
from 60 days at 15 deg. C to 40 days at 20 deg. C, with a volatile
solids reduction of at least 38 percent.
Air Drying: Liquid sludge is allowed to drain and/or dry on under-
drained sand beds, or paved or unpaved basins in which the sludge is at
a depth of nine inches. A minimum of three months is needed, two months
of which temperatures average on a daily basis above 0 deg. C.
Anaerobic digestion: The process is conducted in the absence of air
at residence times ranging from 60 days at 20 deg. C to 15 days at
35 deg. to 55 deg. C, with a volatile solids reduction of at least 38
percent.
Composting: Using the within-vessel, static aerated pile or windrow
composting methods, the solid waste is maintained at minimum operating
conditions of 40 deg. C for 5 days. For four hours during this period
the temperature exceeds 55 deg. C.
Lime Stabilization: Sufficient lime is added to produce a pH of 12
after 2 hours of contact.
Other methods: Other methods or operating conditions may be
acceptable if pathogens and vector attraction of the waste (volatile
solids) are reduced to an extent equivalent to the reduction achieved by
any of the above methods.
B. Processes to Further Reduce Pathogens
Composting: Using the within-vessel composting method, the solid
waste is maintained at operating conditions of 55 deg. C or greater for
three days. Using the static aerated pile composting method, the solid
waste is maintained at operating conditions of 55 deg. C or greater for
three days. Using the windrow composting method, the solid waste attains
a temperature of 55 deg. C or greater for at least 15 days during the
composting period. Also, during the high temperature period, there will
be a minimum of five turnings of the windrow.
Heat drying: Dewatered sludge cake is dried by direct or indirect
contact with hot gases, and moisture content is reduced to 10 percent or
lower. Sludge particles reach temperatures well in excess of 80 deg. C,
or the wet bulb temperature of the gas stream in contact with the sludge
at the point where it leaves the dryer is in excess of 80 deg. C.
Heat treatment: Liquid sludge is heated to temperatures of 180 deg.
C for 30 minutes.
Thermophilic Aerobic Digestion: Liquid sludge is agitated with air
or oxygen to maintain aerobic conditions at residence times of 10 days
at 55-60 deg. C, with a volatile solids reduction of at least 38
percent.
Other methods: Other methods or operating conditions may be
acceptable if pathogens and vector attraction of the waste (volatile
solids) are reduced to an extent equivalent to the reduction achieved by
any of the above methods.
Any of the processes listed below, if added to the processes
described in Section A above, further reduce pathogens. Because the
processes listed below, on their own, do not reduce the attraction of
disease vectors, they are only add-on in nature.
Beta ray irradiation: Sludge is irradiated with beta rays from an
accelerator at dosages of at least 1.0 megarad at room temperature (ca.
20 deg. C).
Gamma ray irradiation: Sludge is irradiated with gamma rays from
certain isotopes, such
[[Page 378]]
as 60Cobalt and 137Cesium, at dosages of at least 1.0 megarad
at room temperature (ca. 20 deg. C).
Pasteurization: Sludge is maintained for at least 30 minutes at a
minimum temperature of 70 deg. C.
Other methods: Other methods or operating conditions may be
acceptable if pathogens are reduced to an extent equivalent to the
reduction achieved by any of the above add-on methods.
PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents
Subpart A--General
Sec.
258.1 Purpose, scope, and applicability.
258.2 Definitions.
258.3 Consideration of other Federal laws.
258.4--258.9 [Reserved]
Subpart B--Location Restrictions
258.10 Airport safety.
258.11 Floodplains.
258.12 Wetlands.
258.13 Fault areas.
258.14 Seismic impact zones.
258.15 Unstable areas.
258.16 Closure of existing municipal solid waste landfill units.
258.17--258.19 [Reserved]
Subpart C--Operating Criteria
258.20 Procedures for excluding the receipt of hazardous waste.
258.21 Cover material requirements.
258.22 Disease vector control.
258.23 Explosive gases control.
258.24 Air criteria.
258.25 Access requirements.
258.26 Run-on/run-off control systems.
258.27 Surface water requirements.
258.28 Liquids restrictions.
258.29 Recordkeeping requirements.
258.30--258.39 [Reserved]
Subpart D--Design Criteria
258.40 Design criteria.
258.41--258.49 [Reserved]
Subpart E--Ground-Water Monitoring and Corrective Action
258.50 Applicability.
258.51 Ground-water monitoring systems.
258.52 [Reserved]
258.53 Ground-water sampling and analysis requirements.
258.54 Detection monitoring program.
258.55 Assessment monitoring program.
258.56 Assessment of corrective measures.
258.57 Selection of remedy.
258.58 Implementation of the corrective action program.
258.59 [Reserved]
Subpart F--Closure and Post-closure Care
258.60 Closure criteria.
258.61 Post-closure care requirements.
258.62--258.69 [Reserved]
Subpart G--Financial Assurance Criteria
258.70 Applicability and effective date.
258.71 Financial assurance for closure.
258.72 Financial assurance for post-closure care.
258.73 Financial assurance for corrective action.
258.74 Allowable mechanisms.
Appendix I to Part 258--Constituents for Detection Monitoring
Appendix II to Part 258--List of Hazardous and Organic Constituents
Authority: 33 U.S.C. 1345 (d) and (e); 42 U.S.C. 6907(a)(3),
6912(a), 6944(a) and 6949a(c).
Source: 56 FR 51016, Oct. 9, 1991, unless otherwise noted.
Subpart A--General
Sec. 258.1 Purpose, scope, and applicability.
(a) The purpose of this part is to establish minimum national
criteria under the Resource Conservation and Recovery Act (RCRA or the
Act), as amended, for all municipal solid waste landfill (MSWLF) units
and under the Clean Water Act, as amended, for municipal solid waste
landfills that are used to dispose of sewage sludge. These minimum
national criteria ensure the protection of human health and the
environment.
(b) These Criteria apply to owners and operators of new MSWLF units,
existing MSWLF units, and lateral expansions, except as otherwise
specifically provided in this part; all other solid waste disposal
facilities and practices that are not regulated under subtitle C of RCRA
are subject to the criteria contained in part 257 of this chapter.
(c) These Criteria do not apply to municipal solid waste landfill
units that do not receive waste after October 9, 1991.
(d)(1) MSWLF units that meet the conditions of Sec. 258.1(e)(2) and
receive
[[Page 379]]
waste after October 9, 1991 but stop receiving waste before April 9,
1994, are exempt from all the requirements of this part 258, except the
final cover requirement specified in Sec. 258.60(a). The final cover
must be installed by October 9, 1994. Owners or operators of MSWLF units
described in this paragraph that fail to complete cover installation by
October 9, 1994 will be subject to all the requirements of this part
258, unless otherwise specified.
(2) MSWLF units that meet the conditions of Sec. 258.1(e)(3) and
receive waste after October 9, 1991 but stop receiving waste before the
date designated by the state pursuant to Sec. 258.1(e)(3), are exempt
from all the requirements of this part 258, except the final cover
requirement specified in Sec. 258.60(a). The final cover must be
installed within one year after the date designated by the state
pursuant to Sec. 258.1(e)(3). Owners or operators of MSWLF units
described in this paragraph that fail to complete cover installation
within one year after the date designated by the state pursuant to
Sec. 258.1(e)(3) will be subject to all the requirements of this part
258, unless otherwise specified.
(3) MSWLF units that meet the conditions of paragraph (f)(1) of this
section and receive waste after October 9, 1991 but stop receiving waste
before October 9, 1997, are exempt from all the requirements of this
part 258, except the final cover requirement specified in
Sec. 258.60(a). The final cover must be installed by October 9, 1998.
Owners or operators of MSWLF units described in this paragraph that fail
to complete cover installation by October 9, 1998 will be subject to all
the requirements of this part 258, unless otherwise specified.
(4) MSWLF units that do not meet the conditions of Sec. 258.1
(e)(2), (e)(3), or (f) and receive waste after October 9, 1991 but stop
receiving waste before October 9, 1993, are exempt from all the
requirements this part 258, except the final cover requirement specified
in Sec. 258.60(a). The final cover must be installed by October 9, 1994.
Owners or operators of MSWLF units described in this paragraph that fail
to complete cover installation by October 9, 1994 will be subject to all
the requirements of this part 258, unless otherwise specified.
(e)(1) The compliance date for all requirements of this part 258,
unless otherwise specified, is October 9, 1993 for all MSWLF units that
receive waste on or after October 9, 1993, except those units that
qualify for an extension under (e)(2), (3), or (4) of this section.
(2) The compliance date for all requirements of this part 258,
unless otherwise specified, is April 9, 1994 for an existing MSWLF unit
or a lateral expansion of an existing MSWLF unit that meets the
following conditions:
(i) The MSWLF unit disposed of 100 tons per day or less of solid
waste during a representative period prior to October 9, 1993;
(ii) The unit does not dispose of more than an average of 100 TPD of
solid waste each month between October 9, 1993 and April 9, 1994;
(iii) The MSWLF unit is located in a state that has submitted an
application for permit program approval to EPA by October 9, 1993, is
located in the state of Iowa, or is located on Indian Lands or Indian
Country; and
(iv) The MSWLF unit is not on the National Priorities List (NPL) as
found in appendix B to 40 CFR part 300.
(3) The compliance date for all requirements of this part 258,
unless otherwise specified, for an existing MSWLF unit or lateral
expansion of an existing MSWLF unit receiving flood-related waste from
federally-designated areas within the major disasters declared for the
states of Iowa, Illinois, Minnesota, Wisconsin, Missouri, Nebraska,
Kansas, North Dakota, and South Dakota by the President during the
summer of 1993 pursuant to 42 U.S.C. 5121 et seq., shall be designated
by the state in which the MSWLF unit is located in accordance with the
following:
(i) The MSWLF unit may continue to accept waste up to April 9, 1994
without being subject to part 258, if the state in which the MSWLF unit
is located determines that the MSWLF unit is needed to receive flood-
related waste from a federally-designated disaster area as specified in
(e)(3) of this section.
(ii) The MSWLF unit that receives an extension under paragraph
(e)(3)(i) of this section may continue to accept
[[Page 380]]
waste up to an additional six months beyond April 9, 1994 without being
subject to part 258, if the state in which the MSWLF unit is located
determines that the MSWLF unit is needed to receive flood-related waste
from a federally-designated disaster area specified in (e)(3) of this
section.
(iii) In no case shall a MSWLF unit receiving an extension under
paragraph (e)(3) (i) or (ii) of this section accept waste beyond October
9, 1994 without being subject to part 258.
(4) For a MSWLF unit that meets the conditions for the exemption in
paragraph (f)(1) of this section, the compliance date for all applicable
requirements of part 258, unless otherwise specified, is October 9,
1997.
(f)(1) Owners or operators of new MSWLF units, existing MSWLF units,
and lateral expansions that dispose of less than twenty (20) tons of
municipal solid waste daily, based on an annual average, are exempt from
subpart D of this part, so long as there is no evidence of ground-water
contamination from the MSWLF unit, and the MSWLF unit serves:
(i) A community that experiences an annual interruption of at least
three consecutive months of surface transportation that prevents access
to a regional waste management facility, or
(ii) A community that has no practicable waste management
alternative and the landfill unit is located in an area that annually
receives less than or equal to 25 inches of precipitation.
(2) Owners or operators of new MSWLF units, existing MSWLF units,
and lateral expansions that meet the criteria in paragraph (f)(1)(i) or
(f)(1)(ii) of this section must place in the operating record
information demonstrating this.
(3) If the owner or operator of a new MSWLF unit, existing MSWLF
unit, or lateral expansion has knowledge of ground-water contamination
resulting from the unit that has asserted the exemption in paragraph
(f)(1)(i) or (f)(1)(ii) of this section, the owner or operator must
notify the state Director of such contamination and, thereafter, comply
with subpart D of this part.
(g) Municipal solid waste landfill units failing to satisfy these
criteria are considered open dumps for purposes of State solid waste
management planning under RCRA.
(h) Municipal solid waste landfill units failing to satisfy these
criteria constitute open dumps, which are prohibited under section 4005
of RCRA.
(i) Municipal solid waste landfill units containing sewage sludge
and failing to satisfy these Criteria violate sections 309 and 405(e) of
the Clean Water Act.
(j) Subpart G of this part is effective April 9, 1995, except for
MSWLF units meeting the requirements of paragraph (f)(1) of this
section, in which case the effective date of subpart G is October 9,
1995.
[56 FR 51016, Oct. 9, 1991, as amended at 58 FR 51546, Oct. 1, 1993; 60
FR 52342, Oct. 6, 1995]
Sec. 258.2 Definitions.
Unless otherwise noted, all terms contained in this part are defined
by their plain meaning. This section contains definitions for terms that
appear throughout this part; additional definitions appear in the
specific sections to which they apply.
Active life means the period of operation beginning with the initial
receipt of solid waste and ending at completion of closure activities in
accordance with Sec. 258.60 of this part.
Active portion means that part of a facility or unit that has
received or is receiving wastes and that has not been closed in
accordance with Sec. 258.60 of this part.
Aquifer means a geological formation, group of formations, or porton
of a formation capable of yielding significant quantities of ground
water to wells or springs.
Commercial solid waste means all types of solid waste generated by
stores, offices, restaurants, warehouses, and other nonmanufacturing
activities, excluding residential and industrial wastes.
Director of an approved State means the chief administrative officer
of a State agency responsible for implementing the State municipal solid
waste permit program or other system of prior approval that is deemed to
be adequate by EPA under regulations published pursuant to sections 2002
and 4005 of RCRA.
[[Page 381]]
Existing MSWLF unit means any municipal solid waste landfill unit
that is receiving solid waste as of the appropriate dates specified in
Sec. 258.1(e). Waste placement in existing units must be consistent with
past operating practices or modified practices to ensure good
management.
Facility means all contiguous land and structures, other
appurtenances, and improvements on the land used for the disposal of
solid waste.
Ground water means water below the land surface in a zone of
saturation.
Household waste means any solid waste (including garbage, trash, and
sanitary waste in septic tanks) derived from households (including
single and multiple residences, hotels and motels, bunkhouses, ranger
stations, crew quarters, campgrounds, picnic grounds, and day-use
recreation areas).
Indian lands or Indian country means:
(1) All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and including rights-of-way running throughout
the reservation;
(2) All dependent Indian communities within the borders of the
United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of the
State; and
(3) All Indian allotments, the Indian titles to which have not been
extinguished, including rights of way running through the same.
Indian Tribe or Tribe means any Indian tribe, band, nation, or
community recognized by the Secretary of the Interior and exercising
substantial governmental duties and powers on Indian lands.
Industrial solid waste means solid waste generated by manufacturing
or industrial processes that is not a hazardous waste regulated under
subtitle C of RCRA. Such waste may include, but is not limited to, waste
resulting from the following manufacturing processes: Electric power
generation; fertilizer/agricultural chemicals; food and related
products/by-products; inorganic chemicals; iron and steel manufacturing;
leather and leather products; nonferrous metals manufacturing/foundries;
organic chemicals; plastics and resins manufacturing; pulp and paper
industry; rubber and miscellaneous plastic products; stone, glass, clay,
and concrete products; textile manufacturing; transportation equipment;
and water treatment. This term does not include mining waste or oil and
gas waste.
Lateral expansion means a horizontal expansion of the waste
boundaries of an existing MSWLF unit.
Leachate means a liquid that has passed through or emerged from
solid waste and contains soluble, suspended, or miscible materials
removed from such waste.
Municipal solid waste landfill unit means a discrete area of land or
an excavation that receives household waste, and that is not a land
application unit, surface impoundment, injection well, or waste pile, as
those terms are defined under Sec. 257.2. A MSWLF unit also may receive
other types of RCRA subtitle D wastes, such as commercial solid waste,
nonhazardous sludge, conditionally exempt small quantity generator waste
and industrial solid waste. Such a landfill may be publicly or privately
owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF unit or a
lateral expansion.
New MSWLF unit means any municipal solid waste landfill unit that
has not received waste prior to October 9, 1993, or prior to October 9,
1997 if the MSWLF unit meets the conditions of Sec. 258.1(f)(1).
Open burning means the combustion of solid waste without:
(1) Control of combustion air to maintain adequate temperature for
efficient combustion,
(2) Containment of the combustion reaction in an enclosed device to
provide sufficient residence time and mixing for complete combustion,
and
(3) Control of the emission of the combustion products.
Operator means the person(s) responsible for the overall operation
of a facility or part of a facility.
Owner means the person(s) who owns a facility or part of a facility.
Run-off means any rainwater, leachate, or other liquid that drains
over land from any part of a facility.
[[Page 382]]
Run-on means any rainwater, leachate, or other liquid that drains
over land onto any part of a facility.
Saturated zone means that part of the earth's crust in which all
voids are filled with water.
Sludge means any solid, semi-solid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water
supply treatment plant, or air pollution control facility exclusive of
the treated effluent from a wastewater treatment plant.
Solid waste means any garbage, or refuse, sludge from a wastewater
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid, semi-
solid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community
activities, but does not include solid or dissolved materials in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges that are point sources subject to permit
under 33 U.S.C. 1342, or source, special nuclear, or by-product material
as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).
State means any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
State Director means the chief administrative officer of the State
agency responsible for implementing the State municipal solid waste
permit program or other system of prior approval.
Uppermost aquifer means the geologic formation nearest the natural
ground surface that is an aquifer, as well as, lower aquifers that are
hydraulically interconnected with this aquifer within the facility's
property boundary.
Waste management unit boundary means a vertical surface located at
the hydraulically downgradient limit of the unit. This vertical surface
extends down into the uppermost aquifer.
[56 FR 51016, Oct. 9, 1991; 57 FR 28627, June 26, 1992, as amended at 58
FR 51547, Oct. 1, 1993; 60 FR 52342, Oct. 6, 1995]
Sec. 258.3 Consideration of other Federal laws.
The owner or operator of a municipal solid waste landfill unit must
comply with any other applicable Federal rules, laws, regulations, or
other requirements.
Secs. 258.4--258.9 [Reserved]
Subpart B--Location Restrictions
Sec. 258.10 Airport safety.
(a) Owners or operators of new MSWLF units, existing MSWLF units,
and lateral expansions that are located within 10,000 feet (3,048
meters) of any airport runway end used by turbojet aircraft or within
5,000 feet (1,524 meters) of any airport runway end used by only piston-
type aircraft must demonstrate that the units are designed and operated
so that the MSWLF unit does not pose a bird hazard to aircraft.
(b) Owners or operators proposing to site new MSWLF units and
lateral expansions within a five-mile radius of any airport runway end
used by turbojet or piston-type aircraft must notify the affected
airport and the Federal Aviation Administration (FAA).
(c) The owner or operator must place the demonstration in paragraph
(a) of this section in the operating record and notify the State
Director that it has been placed in the operating record.
(d) For purposes of this section:
(1) Airport means public-use airport open to the public without
prior permission and without restrictions within the physical capacities
of available facilities.
(2) Bird hazard means an increase in the likelihood of bird/aircraft
collisions that may cause damage to the aircraft or injury to its
occupants.
Sec. 258.11 Floodplains.
(a) Owners or operators of new MSWLF units, existing MSWLF units,
and lateral expansions located in 100-year floodplains must demonstrate
that the unit will not restrict the flow of the 100-year flood, reduce
the temporary water storage capacity of the floodplain, or result in
washout of solid waste so as to pose a hazard to human health and the
environment. The owner
[[Page 383]]
or operator must place the demonstration in the operating record and
notify the State Director that it has been placed in the operating
record.
(b) For purposes of this section:
(1) Floodplain means the lowland and relatively flat areas adjoining
inland and coastal waters, including flood-prone areas of offshore
islands, that are inundated by the 100-year flood.
(2) 100-year flood means a flood that has a 1-percent or greater
chance of recurring in any given year or a flood of a magnitude equalled
or exceeded once in 100 years on the average over a significantly long
period.
(3) Washout means the carrying away of solid waste by waters of the
base flood.
Sec. 258.12 Wetlands.
(a) New MSWLF units and lateral expansions shall not be located in
wetlands, unless the owner or operator can make the following
demonstrations to the Director of an approved State:
(1) Where applicable under section 404 of the Clean Water Act or
applicable State wetlands laws, the presumption that practicable
alternative to the proposed landfill is available which does not involve
wetlands is clearly rebutted;
(2) The construction and operation of the MSWLF unit will not:
(i) Cause or contribute to violations of any applicable State water
quality standard,
(ii) Violate any applicable toxic effluent standard or prohibition
under Section 307 of the Clean Water Act,
(iii) Jeopardize the continued existence of endangered or threatened
species or result in the destruction or adverse modification of a
critical habitat, protected under the Endangered Species Act of 1973,
and
(iv) Violate any requirement under the Marine Protection, Research,
and Sanctuaries Act of 1972 for the protection of a marine sanctuary;
(3) The MSWLF unit will not cause or contribute to significant
degradation of wetlands. The owner or operator must demonstrate the
integrity of the MSWLF unit and its ability to protect ecological
resources by addressing the following factors:
(i) Erosion, stability, and migration potential of native wetland
soils, muds and deposits used to support the MSWLF unit;
(ii) Erosion, stability, and migration potential of dredged and fill
materials used to support the MSWLF unit;
(iii) The volume and chemical nature of the waste managed in the
MSWLF unit;
(iv) Impacts on fish, wildlife, and other aquatic resources and
their habitat from release of the solid waste;
(v) The potential effects of catastrophic release of waste to the
wetland and the resulting impacts on the environment; and
(vi) Any additional factors, as necessary, to demonstrate that
ecological resources in the wetland are sufficiently protected.
(4) To the extent required under section 404 of the Clean Water Act
or applicable State wetlands laws, steps have been taken to attempt to
achieve no net loss of wetlands (as defined by acreage and function) by
first avoiding impacts to wetlands to the maximum extent practicable as
required by paragraph (a)(1) of this section, then minimizing
unavoidable impacts to the maximum extent practicable, and finally
offsetting remaining unavoidable wetland impacts through all appropriate
and practicable compensatory mitigation actions (e.g., restoration of
existing degraded wetlands or creation of man-made wetlands); and
(5) Sufficient information is available to make a reasonable
determination with respect to these demonstrations.
(b) For purposes of this section, wetlands means those areas that
are defined in 40 CFR 232.2(r).
Sec. 258.13 Fault areas.
(a) New MSWLF units and lateral expansions shall not be located
within 200 feet (60 meters) of a fault that has had displacement in
Holocene time unless the owner or operator demonstrates to the Director
of an approved State that an alternative setback distance of less than
200 feet (60 meters) will prevent damage to the structural integrity of
the MSWLF unit and will be protective of human health and the
environment.
(b) For the purposes of this section:
[[Page 384]]
(1) Fault means a fracture or a zone of fractures in any material
along which strata on one side have been displaced with respect to that
on the other side.
(2) Displacement means the relative movement of any two sides of a
fault measured in any direction.
(3) Holocene means the most recent epoch of the Quaternary period,
extending from the end of the Pleistocene Epoch to the present.
Sec. 258.14 Seismic impact zones.
(a) New MSWLF units and lateral expansions shall not be located in
seismic impact zones, unless the owner or operator demonstrates to the
Director of an approved State/Tribe that all containment structures,
including liners, leachate collection systems, and surface water control
systems, are designed to resist the maximum horizontal acceleration in
lithified earth material for the site. The owner or operator must place
the demonstration in the operating record and notify the State Director
that it has been placed in the operating record.
(b) For the purposes of this section:
(1) Seismic impact zone means an area with a ten percent or greater
probability that the maximum horizontal acceleration in lithified earth
material, expressed as a percentage of the earth's gravitational pull
(g), will exceed 0.10g in 250 years.
(2) Maximum horizontal acceleration in lithified earth material
means the maximum expected horizontal acceleration depicted on a seismic
hazard map, with a 90 percent or greater probability that the
acceleration will not be exceeded in 250 years, or the maximum expected
horizontal acceleration based on a site-specific seismic risk
assessment.
(3) Lithified earth material means all rock, including all naturally
occurring and naturally formed aggregates or masses of minerals or small
particles of older rock that formed by crystallization of magma or by
induration of loose sediments. This term does not include man-made
materials, such as fill, concrete, and asphalt, or unconsolidated earth
materials, soil, or regolith lying at or near the earth surface.
[56 FR 51016, Oct. 9, 1991; 57 FR 28627, June 26, 1992]
Sec. 258.15 Unstable areas.
(a) Owners or operators of new MSWLF units, existing MSWLF units,
and lateral expansions located in an unstable area must demonstrate that
engineering measures have been incorporated into the MSWLF unit's design
to ensure that the integrity of the structural components of the MSWLF
unit will not be disrupted. The owner or operator must place the
demonstration in the operating record and notify the State Director that
it has been placed in the operating record. The owner or operator must
consider the following factors, at a minimum, when determining whether
an area is unstable:
(1) On-site or local soil conditions that may result in significant
differential settling;
(2) On-site or local geologic or geomorphologic features; and
(3) On-site or local human-made features or events (both surface and
subsurface).
(b) For purposes of this section:
(1) Unstable area means a location that is susceptible to natural or
human-induced events or forces capable of impairing the integrity of
some or all of the landfill structural components responsible for
preventing releases from a landfill. Unstable areas can include poor
foundation conditions, areas susceptible to mass movements, and Karst
terranes.
(2) Structural components means liners, leachate collection systems,
final covers, run-on/run-off systems, and any other component used in
the construction and operation of the MSWLF that is necessary for
protection of human health and the environment.
(3) Poor foundation conditions means those areas where features
exist which indicate that a natural or man-induced event may result in
inadequate foundation support for the structural components of an MSWLF
unit.
(4) Areas susceptible to mass movement means those areas of
influence (i.e., areas characterized as having an active
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or substantial possibility of mass movement) where the movement of earth
material at, beneath, or adjacent to the MSWLF unit, because of natural
or man-induced events, results in the downslope transport of soil and
rock material by means of gravitational influence. Areas of mass
movement include, but are not limited to, landslides, avalanches, debris
slides and flows, soil fluction, block sliding, and rock fall.
(5) Karst terranes means areas where karst topography, with its
characteristic surface and subterranean features, is developed as the
result of dissolution of limestone, dolomite, or other soluble rock.
Characteristic physiographic features present in karst terranes include,
but are not limited to, sinkholes, sinking streams, caves, large
springs, and blind valleys.
Sec. 258.16 Closure of existing municipal solid waste landfill units.
(a) Existing MSWLF units that cannot make the demonstration
specified in Sec. 258.10(a), pertaining to airports, Sec. 258.11(a),
pertaining to floodplains, or Sec. 258.15(a), pertaining to unstable
areas, must close by October 9, 1996, in accordance with Sec. 258.60 of
this part and conduct post-closure activities in accordance with
Sec. 258.61 of this part.
(b) The deadline for closure required by paragraph (a) of this
section may be extended up to two years if the owner or operator
demonstrates to the Director of an approved State that:
(1) There is no available alternative disposal capacity;
(2) There is no immediate threat to human health and the
environment.
Note to Subpart B: Owners or operators of MSWLFs should be aware
that a State in which their landfill is located or is to be located, may
have adopted a state wellhead protection program in accordance with
section 1428 of the Safe Drinking Water Act. Such state wellhead
protection programs may impose additional requirements on owners or
operators of MSWLFs than those set forth in this part.
Secs. 258.17--258.19 [Reserved]
Subpart C--Operating Criteria