[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2000 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
40
Part 260 to 265
Revised as of July 1, 2000
Protection of Environment
Containing a Codification of documents of general
applicability and future effect
As of July 1, 2000
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
As a Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2000
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. 0
Title 40:
Chapter I--Environmental Protection Agency
(Continued)......................................... 3
Finding Aids:
Material Approved for Incorporation by Reference........ 619
Table of CFR Titles and Chapters........................ 621
Alphabetical List of Agencies Appearing in the CFR...... 639
List of CFR Sections Affected........................... 649
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 260.1 refers
to title 40, part 260,
section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
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To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
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Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
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inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
and parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408 or e-mail
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2000.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of twenty-four
volumes. The parts in these volumes are arranged in the following order:
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End),
parts 53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63
(63.1200-End), parts 64-71, parts 72-80, parts 81-85, part 86, parts 87-
135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, parts
266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-789, and
part 790 to End. The contents of these volumes represent all current
regulations codified under this title of the CFR as of July 1, 2000.
Chapter I--Environmental Protection Agency appears in all twenty-
four volumes. A Pesticide Tolerance Commodity/Chemical Index appears in
parts 150-189. A Toxic Substances Chemical--CAS Number Index appears in
parts 700-789 and part 790 to End. Redesignation Tables appear in the
volumes containing parts 50-51, parts 150-189, and parts 700-789.
Regulations issued by the Council on Environmental Quality appear in the
volume containing part 790 to End. The OMB control numbers for title 40
appear in Sec. 9.1 of this chapter.
For this volume, Shelley C. Featherson was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 260 to 265)
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Part
chapter i--Environmental Protection Agency (Continued)...... 260
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION
AGENCY (CONTINUED)
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SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part Page
260 Hazardous waste management system: General.. 5
261 Identification and listing of hazardous
waste................................... 29
262 Standards applicable to generators of
hazardous waste......................... 140
263 Standards applicable to transporters of
hazardous waste......................... 179
264 Standards for owners and operators of
hazardous waste treatment, storage, and
disposal facilities..................... 183
265 Interim status standards for owners and
operators of hazardous waste treatment,
storage, and disposal facilities........ 423
[[Page 5]]
SUBCHAPTER I--SOLID WASTES (Continued)
PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL--Table of Contents
Subpart A--General
Sec.
260.1 Purpose, scope, and applicability.
260.2 Availability of information; confidentiality of information.
260.3 Use of number and gender.
Subpart B--Definitions
260.10 Definitions.
260.11 References.
Subpart C--Rulemaking Petitions
260.20 General.
260.21 Petitions for equivalent testing or analytical methods.
260.22 Petitions to amend part 261 to exclude a waste produced at a
particular facility.
260.23 Petitions to amend 40 CFR part 273 to include additional
hazardous wastes.
260.30 Variances from classification as a solid waste.
260.31 Standards and criteria for variances from classification as a
solid waste.
260.32 Variances to be classified as a boiler.
260.33 Procedures for variances from classification as a solid waste or
to be classified as a boiler.
260.40 Additional regulation of certain hazardous waste recycling
activities on a case-by-case basis.
260.41 Procedures for case-by-case regulation of hazardous waste
recycling activities.
Appendix I to Part 260--Overview of Subtitle C Regulations
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
Source: 45 FR 33073, May 19, 1980, unless otherwise noted.
Effective Date Note: The reporting or recordkeeping provisions
included in the final rule published at 47 FR 32274, July 26, 1982, will
be submitted for approval to the Office of Management and Budget (OMB),
and will not become effective until OMB approval has been obtained. EPA
will publish a notice of the effective date of the reporting and
recordkeeping provisions of this rule after it obtains OMB approval.
Subpart A--General
Sec. 260.1 Purpose, scope, and applicability.
(a) This part provides definitions of terms, general standards, and
overview information applicable to parts 260 through 265 and 268 of this
chapter.
(b) In this part: (1) Section 260.2 sets forth the rules that EPA
will use in making information it receives available to the public and
sets forth the requirements that generators, transporters, or owners or
operators of treatment, storage, or disposal facilities must follow to
assert claims of business confidentiality with respect to information
that is submitted to EPA under parts 260 through 265 and 268 of this
chapter.
(2) Section 260.3 establishes rules of grammatical construction for
parts 260 through 265 and 268 of this chapter.
(3) Section 260.10 defines terms which are used in parts 260 through
265 and 268 of this chapter.
(4) Section 260.20 establishes procedures for petitioning EPA to
amend, modify, or revoke any provision of parts 260 through 265 and 268
of this chapter and establishes procedures governing EPA's action on
such petitions.
(5) Section 260.21 establishes procedures for petitioning EPA to
approve testing methods as equivalent to those prescribed in parts 261,
264, or 265 of this chapter.
(6) Section 260.22 establishes procedures for petitioning EPA to
amend subpart D of part 261 to exclude a waste from a particular
facility.
[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]
Sec. 260.2 Availability of information; confidentiality of information.
(a) Any information provided to EPA under parts 260 through 265 and
268 of this chapter will be made available to the public to the extent
and in the manner authorized by the Freedom of Information Act, 5 U.S.C.
section 552, section 3007(b) of RCRA and EPA regulations implementing
the Freedom of
[[Page 6]]
Information Act and section 3007(b), part 2 of this chapter, as
applicable.
(b) Any person who submits information to EPA in accordance with
parts 260 through 266 and 268 of this chapter may assert a claim of
business confidentiality covering part or all of that information by
following the procedures set forth in Sec. 2.203(b) of this chapter.
Information covered by such a claim will be disclosed by EPA only to the
extent, and by means of the procedures, set forth in part 2, subpart B,
of this chapter except that information required by Sec. 262.53(a) and
Sec. 262.83 that is submitted in a notification of intent to export a
hazardous waste will be provided to the U.S. Department of State and the
appropriate authorities in the transit and receiving or importing
countries regardless of any claims of confidentiality. However, if no
such claim accompanies the information when it is received by EPA, it
may be made available to the public without further notice to the person
submitting it.
[45 FR 33073, May 19, 1980, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40636, Nov. 7, 1986; 61 FR 16309, Apr. 12, 1996]
Sec. 260.3 Use of number and gender.
As used in parts 260 through 265 and 268 of this chapter:
(a) Words in the masculine gender also include the feminine and
neuter genders; and
(b) Words in the singular include the plural; and
(c) Words in the plural include the singular.
[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]
Subpart B--Definitions
Sec. 260.10 Definitions.
When used in parts 260 through 273 of this chapter, the following
terms have the meanings given below:
Above ground tank means a device meeting the definition of ``tank''
in Sec. 260.10 and that is situated in such a way that the entire
surface area of the tank is completely above the plane of the adjacent
surrounding surface and the entire surface area of the tank (including
the tank bottom) is able to be visually inspected.
Act or RCRA means the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C.
section 6901 et seq.
Active life of a facility means the period from the initial receipt
of hazardous waste at the facility until the Regional Administrator
receives certification of final closure.
Active portion means that portion of a facility where treatment,
storage, or disposal operations are being or have been conducted after
the effective date of part 261 of this chapter and which is not a closed
portion. (See also ``closed portion'' and ``inactive portion''.)
Administrator means the Administrator of the Environmental
Protection Agency, or his designee.
Ancillary equipment means any device including, but not limited to,
such devices as piping, fittings, flanges, valves, and pumps, that is
used to distribute, meter, or control the flow of hazardous waste from
its point of generation to a storage or treatment tank(s), between
hazardous waste storage and treatment tanks to a point of disposal
onsite, or to a point of shipment for disposal off-site.
Aquifer means a geologic formation, group of formations, or part of
a formation capable of yielding a significant amount of ground water to
wells or springs.
Authorized representative means the person responsible for the
overall operation of a facility or an operational unit (i.e., part of a
facility), e.g., the plant manager, superintendent or person of
equivalent responsibility.
Battery means a device consisting of one or more electrically
connected electrochemical cells which is designed to receive, store, and
deliver electric energy. An electrochemical cell is a system consisting
of an anode, cathode, and an electrolyte, plus such connections
(electrical and mechanical) as may be needed to allow the cell to
deliver or receive electrical energy. The term battery also includes an
intact, unbroken battery from which the electrolyte has been removed.
[[Page 7]]
Boiler means an enclosed device using controlled flame combustion
and having the following characteristics:
(1)(i) The unit must have physical provisions for recovering and
exporting thermal energy in the form of steam, heated fluids, or heated
gases; and
(ii) The unit's combustion chamber and primary energy recovery
sections(s) must be of integral design. To be of integral design, the
combustion chamber and the primary energy recovery section(s) (such as
waterwalls and superheaters) must be physically formed into one
manufactured or assembled unit. A unit in which the combustion chamber
and the primary energy recovery section(s) are joined only by ducts or
connections carrying flue gas is not integrally designed; however,
secondary energy recovery equipment (such as economizers or air
preheaters) need not be physically formed into the same unit as the
combustion chamber and the primary energy recovery section. The
following units are not precluded from being boilers solely because they
are not of integral design: process heaters (units that transfer energy
directly to a process stream), and fluidized bed combustion units; and
(iii) While in operation, the unit must maintain a thermal energy
recovery efficiency of at least 60 percent, calculated in terms of the
recovered energy compared with the thermal value of the fuel; and
(iv) The unit must export and utilize at least 75 percent of the
recovered energy, calculated on an annual basis. In this calculation, no
credit shall be given for recovered heat used internally in the same
unit. (Examples of internal use are the preheating of fuel or combustion
air, and the driving of induced or forced draft fans or feedwater
pumps); or
(2) The unit is one which the Regional Administrator has determined,
on a case-by-case basis, to be a boiler, after considering the standards
in Sec. 260.32.
Carbon regeneration unit means any enclosed thermal treatment device
used to regenerate spent activated carbon.
Certification means a statement of professional opinion based upon
knowledge and belief.
Closed portion means that portion of a facility which an owner or
operator has closed in accordance with the approved facility closure
plan and all applicable closure requirements. (See also ``active
portion'' and ``inactive portion''.)
Component means either the tank or ancillary equipment of a tank
system.
Confined aquifer means an aquifer bounded above and below by
impermeable beds or by beds of distinctly lower permeability than that
of the aquifer itself; an aquifer containing confined ground water.
Container means any portable device in which a material is stored,
transported, treated, disposed of, or otherwise handled.
Containment building means a hazardous waste management unit that is
used to store or treat hazardous waste under the provisions of subpart
DD of parts 264 or 265 of this chapter.
Contingency plan means a document setting out an organized, planned,
and coordinated course of action to be followed in case of a fire,
explosion, or release of hazardous waste or hazardous waste constituents
which could threaten human health or the environment.
Corrective action management unit (CAMU) means an area within a
facility that is used only for managing remediation wastes for
implementing corrective action or cleanup at the facility.
Corrosion expert means a person who, by reason of his knowledge of
the physical sciences and the principles of engineering and mathematics,
acquired by a professional education and related practical experience,
is qualified to engage in the practice of corrosion control on buried or
submerged metal piping systems and metal tanks. Such a person must be
certified as being qualified by the National Association of Corrosion
Engineers (NACE) or be a registered professional engineer who has
certification or licensing that includes education and experience in
corrosion control on buried or submerged metal piping systems and metal
tanks.
Designated facility means a hazardous waste treatment, storage, or
disposal facility which (1) has received a permit (or interim status) in
accordance with the requirements of parts 270 and 124 of this chapter,
(2) has received a permit
[[Page 8]]
(or interim status) from a State authorized in accordance with part 271
of this chapter, or (3) is regulated under Sec. 261.6(c)(2) or subpart F
of part 266 of this chapter, and (4) that has been designated on the
manifest by the generator pursuant to Sec. 260.20. If a waste is
destined to a facility in an authorized State which has not yet obtained
authorization to regulate that particular waste as hazardous, then the
designated facility must be a facility allowed by the receiving State to
accept such waste.
Destination facility means a facility that treats, disposes of, or
recycles a particular category of universal waste, except those
management activities described in paragraphs (a) and (c) of
Secs. 273.13 and 273.33 of this chapter. A facility at which a
particular category of universal waste is only accumulated, is not a
destination facility for purposes of managing that category of universal
waste.
Dike means an embankment or ridge of either natural or man-made
materials used to prevent the movement of liquids, sludges, solids, or
other materials.
Dioxins and furans (D/F) means tetra, penta, hexa, hepta, and octa-
chlorinated dibenzo dioxins and furans.
Discharge or hazardous waste discharge means the accidental or
intentional spilling, leaking, pumping, pouring, emitting, emptying, or
dumping of hazardous waste into or on any land or water.
Disposal means the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any solid waste or hazardous waste into or on any
land or water so that such solid waste or hazardous waste or any
constituent thereof may enter the environment or be emitted into the air
or discharged into any waters, including ground waters.
Disposal facility means a facility or part of a facility at which
hazardous waste is intentionally placed into or on any land or water,
and at which waste will remain after closure. The term disposal facility
does not include a corrective action management unit into which
remediation wastes are placed.
Drip pad is an engineered structure consisting of a curbed, free-
draining base, constructed of non-earthen materials and designed to
convey preservative kick-back or drippage from treated wood,
precipitation, and surface water run-on to an associated collection
system at wood preserving plants.
Elementary neutralization unit means a device which:
(1) Is used for neutralizing wastes that are hazardous only because
they exhibit the corrosivity characteristic defined in Sec. 261.22 of
this chapter, or they are listed in subpart D of part 261 of the chapter
only for this reason; and
(2) Meets the definition of tank, tank system, container, transport
vehicle, or vessel in Sec. 260.10 of this chapter.
EPA hazardous waste number means the number assigned by EPA to each
hazardous waste listed in part 261, subpart D, of this chapter and to
each characteristic identified in part 261, subpart C, of this chapter.
EPA identification number means the number assigned by EPA to each
generator, transporter, and treatment, storage, or disposal facility.
EPA region means the states and territories found in any one of the
following ten regions:
Region I--Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and
Rhode Island.
Region II--New York, New Jersey, Commonwealth of Puerto Rico, and the
U.S. Virgin Islands.
Region III--Pennsylvania, Delaware, Maryland, West Virginia, Virginia,
and the District of Columbia.
Region IV--Kentucky, Tennessee, North Carolina, Mississippi, Alabama,
Georgia, South Carolina, and Florida.
Region V--Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI--New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII--Nebraska, Kansas, Missouri, and Iowa.
Region VIII--Montana, Wyoming, North Dakota, South Dakota, Utah, and
Colorado.
Region IX--California, Nevada, Arizona, Hawaii, Guam, American Samoa,
Commonwealth of the Northern Mariana Islands.
Region X--Washington, Oregon, Idaho, and Alaska.
Equivalent method means any testing or analytical method approved by
the Administrator under Secs. 260.20 and 260.21.
Existing hazardous waste management (HWM) facility or existing
facility means a facility which was in operation or for which
construction commenced on or
[[Page 9]]
before November 19, 1980. A facility has commenced construction if:
(1) The owner or operator has obtained the Federal, State and local
approvals or permits necessary to begin physical construction; and
either
(2)(i) A continuous on-site, physical construction program has
begun; or
(ii) The owner or operator has entered into contractual
obligations--which cannot be cancelled or modified without substantial
loss--for physical construction of the facility to be completed within a
reasonable time.
Existing portion means that land surface area of an existing waste
management unit, included in the original Part A permit application, on
which wastes have been placed prior to the issuance of a permit.
Existing tank system or existing component means a tank system or
component that is used for the storage or treatment of hazardous waste
and that is in operation, or for which installation has commenced on or
prior to July 14, 1986. Installation will be considered to have
commenced if the owner or operator has obtained all Federal, State, and
local approvals or permits necessary to begin physical construction of
the site or installation of the tank system and if either (1) a
continuous on-site physical construction or installation program has
begun, or (2) the owner or operator has entered into contractual
obligations--which cannot be canceled or modified without substantial
loss--for physical construction of the site or installation of the tank
system to be completed within a reasonable time.
Explosives or munitions emergency means a situation involving the
suspected or detected presence of unexploded ordnance (UXO), damaged or
deteriorated explosives or munitions, an improvised explosive device
(IED), other potentially explosive material or device, or other
potentially harmful military chemical munitions or device, that creates
an actual or potential imminent threat to human health, including
safety, or the environment, including property, as determined by an
explosives or munitions emergency response specialist. Such situations
may require immediate and expeditious action by an explosives or
munitions emergency response specialist to control, mitigate, or
eliminate the threat.
Explosives or munitions emergency response means all immediate
response activities by an explosives and munitions emergency response
specialist to control, mitigate, or eliminate the actual or potential
threat encountered during an explosives or munitions emergency. An
explosives or munitions emergency response may include in-place render-
safe procedures, treatment or destruction of the explosives or munitions
and/or transporting those items to another location to be rendered safe,
treated, or destroyed. Any reasonable delay in the completion of an
explosives or munitions emergency response caused by a necessary,
unforeseen, or uncontrollable circumstance will not terminate the
explosives or munitions emergency. Explosives and munitions emergency
responses can occur on either public or private lands and are not
limited to responses at RCRA facilities.
Explosives or munitions emergency response specialist means an
individual trained in chemical or conventional munitions or explosives
handling, transportation, render-safe procedures, or destruction
techniques. Explosives or munitions emergency response specialists
include Department of Defense (DOD) emergency explosive ordnance
disposal (EOD), technical escort unit (TEU), and DOD-certified civilian
or contractor personnel; and other Federal, State, or local government,
or civilian personnel similarly trained in explosives or munitions
emergency responses.
Facility means:
(1) All contiguous land, and structures, other appurtenances, and
improvements on the land, used for treating, storing, or disposing of
hazardous waste. A facility may consist of several treatment, storage,
or disposal operational units (e.g., one or more landfills, surface
impoundments, or combinations of them).
(2) For the purpose of implementing corrective action under
Sec. 264.101, all contiguous property under the control
[[Page 10]]
of the owner or operator seeking a permit under subtitle C of RCRA. This
definition also applies to facilities implementing corrective action
under RCRA Section 3008(h).
(3) Notwithstanding paragraph (2) of this definition, a remediation
waste management site is not a facility that is subject to 40 CFR
264.101, but is subject to corrective action requirements if the site is
located within such a facility.
Federal agency means any department, agency, or other
instrumentality of the Federal Government, any independent agency or
establishment of the Federal Government including any Government
corporation, and the Government Printing Office.
Federal, State and local approvals or permits necessary to begin
physical construction means permits and approvals required under
Federal, State or local hazardous waste control statutes, regulations or
ordinances.
Final closure means the closure of all hazardous waste management
units at the facility in accordance with all applicable closure
requirements so that hazardous waste management activities under parts
264 and 265 of this chapter are no longer conducted at the facility
unless subject to the provisions in Sec. 262.34.
Food-chain crops means tobacco, crops grown for human consumption,
and crops grown for feed for animals whose products are consumed by
humans.
Free liquids means liquids which readily separate from the solid
portion of a waste under ambient temperature and pressure.
Freeboard means the vertical distance between the top of a tank or
surface impoundment dike, and the surface of the waste contained
therein.
Generator means any person, by site, whose act or process produces
hazardous waste identified or listed in part 261 of this chapter or
whose act first causes a hazardous waste to become subject to
regulation.
Ground water means water below the land surface in a zone of
saturation.
Hazardous waste means a hazardous waste as defined in Sec. 261.3 of
this chapter.
Hazardous waste constituent means a constituent that caused the
Administrator to list the hazardous waste in part 261, subpart D, of
this chapter, or a constituent listed in table 1 of Sec. 261.24 of this
chapter.
Hazardous waste management unit is a contiguous area of land on or
in which hazardous waste is placed, or the largest area in which there
is significant likelihood of mixing hazardous waste constituents in the
same area. Examples of hazardous waste management units include a
surface impoundment, a waste pile, a land treatment area, a landfill
cell, an incinerator, a tank and its associated piping and underlying
containment system and a container storage area. A container alone does
not constitute a unit; the unit includes containers and the land or pad
upon which they are placed.
In operation refers to a facility which is treating, storing, or
disposing of hazardous waste.
Inactive portion means that portion of a facility which is not
operated after the effective date of part 261 of this chapter. (See also
``active portion'' and ``closed portion''.)
Incinerator means any enclosed device that:
(1) Uses controlled flame combustion and neither meets the criteria
for classification as a boiler, sludge dryer, or carbon regeneration
unit, nor is listed as an industrial furnace; or
(2) Meets the definition of infrared incinerator or plasma arc
incinerator.
Incompatible waste means a hazardous waste which is unsuitable for:
(1) Placement in a particular device or facility because it may
cause corrosion or decay of containment materials (e.g., container inner
liners or tank walls); or
(2) Commingling with another waste or material under uncontrolled
conditions because the commingling might produce heat or pressure, fire
or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or
flammable fumes or gases.
(See part 265, appendix V, of this chapter for examples.)
Individual generation site means the contiguous site at or on which
one or more hazardous wastes are generated. An individual generation
site, such as a
[[Page 11]]
large manufacturing plant, may have one or more sources of hazardous
waste but is considered a single or individual generation site if the
site or property is contiguous.
Industrial furnace means any of the following enclosed devices that
are integral components of manufacturing processes and that use thermal
treatment to accomplish recovery of materials or energy:
(1) Cement kilns
(2) Lime kilns
(3) Aggregate kilns
(4) Phosphate kilns
(5) Coke ovens
(6) Blast furnaces
(7) Smelting, melting and refining furnaces (including
pyrometallurgical devices such as cupolas, reverberator furnaces,
sintering machine, roasters, and foundry furnaces)
(8) Titanium dioxide chloride process oxidation reactors
(9) Methane reforming furnaces
(10) Pulping liquor recovery furnaces
(11) Combustion devices used in the recovery of sulfur values from
spent sulfuric acid
(12) Halogen acid furnaces (HAFs) for the production of acid from
halogenated hazardous waste generated by chemical production facilities
where the furnace is located on the site of a chemical production
facility, the acid product has a halogen acid content of at least 3%,
the acid product is used in a manufacturing process, and, except for
hazardous waste burned as fuel, hazardous waste fed to the furnace has a
minimum halogen content of 20% as-generated.
(13) Such other devices as the Administrator may, after notice and
comment, add to this list on the basis of one or more of the following
factors:
(i) The design and use of the device primarily to accomplish
recovery of material products;
(ii) The use of the device to burn or reduce raw materials to make a
material product;
(iii) The use of the device to burn or reduce secondary materials as
effective substitutes for raw materials, in processes using raw
materials as principal feedstocks;
(iv) The use of the device to burn or reduce secondary materials as
ingredients in an industrial process to make a material product;
(v) The use of the device in common industrial practice to produce a
material product; and
(vi) Other factors, as appropriate.
Infrared incinerator means any enclosed device that uses electric
powered resistance heaters as a source of radiant heat followed by an
afterburner using controlled flame combustion and which is not listed as
an industrial furnace.
Inground tank means a device meeting the definition of ``tank'' in
Sec. 260.10 whereby a portion of the tank wall is situated to any degree
within the ground, thereby preventing visual inspection of that external
surface area of the tank that is in the ground.
Injection well means a well into which fluids are injected. (See
also ``underground injection''.)
Inner liner means a continuous layer of material placed inside a
tank or container which protects the construction materials of the tank
or container from the contained waste or reagents used to treat the
waste.
Installation inspector means a person who, by reason of his
knowledge of the physical sciences and the principles of engineering,
acquired by a professional education and related practical experience,
is qualified to supervise the installation of tank systems.
International shipment means the transportation of hazardous waste
into or out of the jurisdiction of the United States.
Lamp, also referred to as ``universal waste lamp'', is defined as
the bulb or tube portion of an electric lighting device. A lamp is
specifically designed to produce radiant energy, most often in the
ultraviolet, visible, and infra-red regions of the electromagnetic
spectrum. Examples of common universal waste electric lamps include, but
are not limited to, fluorescent, high intensity discharge, neon, mercury
vapor, high pressure sodium, and metal halide lamps.
Landfill means a disposal facility or part of a facility where
hazardous waste is placed in or on land and which is not a pile, a land
treatment facility,
[[Page 12]]
a surface impoundment, an underground injection well, a salt dome
formation, a salt bed formation, an underground mine, a cave, or a
corrective action management unit.
Landfill cell means a discrete volume of a hazardous waste landfill
which uses a liner to provide isolation of wastes from adjacent cells or
wastes. Examples of landfill cells are trenches and pits.
Land treatment facility means a facility or part of a facility at
which hazardous waste is applied onto or incorporated into the soil
surface; such facilities are disposal facilities if the waste will
remain after closure.
Leachate means any liquid, including any suspended components in the
liquid, that has percolated through or drained from hazardous waste.
Leak-detection system means a system capable of detecting the
failure of either the primary or secondary containment structure or the
presence of a release of hazardous waste or accumulated liquid in the
secondary containment structure. Such a system must employ operational
controls (e.g., daily visual inspections for releases into the secondary
containment system of aboveground tanks) or consist of an interstitial
monitoring device designed to detect continuously and automatically the
failure of the primary or secondary containment structure or the
presence of a release of hazardous waste into the secondary containment
structure.
Liner means a continuous layer of natural or man-made materials,
beneath or on the sides of a surface impoundment, landfill, or landfill
cell, which restricts the downward or lateral escape of hazardous waste,
hazardous waste constituents, or leachate.
Management or hazardous waste management means the systematic
control of the collection, source separation, storage, transportation,
processing, treatment, recovery, and disposal of hazardous waste.
Manifest means the shipping document EPA form 8700-22 and, if
necessary, EPA form 8700-22A, originated and signed by the generator in
accordance with the instructions included in the appendix to part 262.
Manifest document number means the U.S. EPA twelve digit
identification number assigned to the generator plus a unique five digit
document number assigned to the Manifest by the generator for recording
and reporting purposes.
Military munitions means all ammunition products and components
produced or used by or for the U.S. Department of Defense or the U.S.
Armed Services for national defense and security, including military
munitions under the control of the Department of Defense, the U.S. Coast
Guard, the U.S. Department of Energy (DOE), and National Guard
personnel. The term military munitions includes: confined gaseous,
liquid, and solid propellants, explosives, pyrotechnics, chemical and
riot control agents, smokes, and incendiaries used by DOD components,
including bulk explosives and chemical warfare agents, chemical
munitions, rockets, guided and ballistic missiles, bombs, warheads,
mortar rounds, artillery ammunition, small arms ammunition, grenades,
mines, torpedoes, depth charges, cluster munitions and dispensers,
demolition charges, and devices and components thereof. Military
munitions do not include wholly inert items, improvised explosive
devices, and nuclear weapons, nuclear devices, and nuclear components
thereof. However, the term does include non-nuclear components of
nuclear devices, managed under DOE's nuclear weapons program after all
required sanitization operations under the Atomic Energy Act of 1954, as
amended, have been completed.
Mining overburden returned to the mine site means any material
overlying an economic mineral deposit which is removed to gain access to
that deposit and is then used for reclamation of a surface mine.
Miscellaneous unit means a hazardous waste management unit where
hazardous waste is treated, stored, or disposed of and that is not a
container, tank, surface impoundment, pile, land treatment unit,
landfill, incinerator, boiler, industrial furnace, underground injection
well with appropriate technical standards under part 146 of this
[[Page 13]]
chapter, containment building, corrective action management unit, unit
eligible for a research, development, and demonstration permit under 40
CFR 270.65, or staging pile.
Movement means that hazardous waste transported to a facility in an
individual vehicle.
New hazardous waste management facility or new facility means a
facility which began operation, or for which construction commenced
after October 21, 1976. (See also ``Existing hazardous waste management
facility''.)
New tank system or new tank component means a tank system or
component that will be used for the storage or treatment of hazardous
waste and for which installation has commenced after July 14, 1986;
except, however, for purposes of Sec. 264.193(g)(2) and
Sec. 265.193(g)(2), a new tank system is one for which construction
commences after July 14, 1986. (See also ``existing tank system.'')
On ground tank means a device meeting the definition of ``tank'' in
Sec. 260.10 and that is situated in such a way that the bottom of the
tank is on the same level as the adjacent surrounding surface so that
the external tank bottom cannot be visually inspected.
On-site means the same or geographically contiguous property which
may be divided by public or private right-of-way, provided the entrance
and exit between the properties is at a cross-roads intersection, and
access is by crossing as opposed to going along, the right-of-way. Non-
contiguous properties owned by the same person but connected by a right-
of-way which he controls and to which the public does not have access,
is also considered on-site property.
Open burning means the combustion of any material without the
following characteristics:
(1) Control of combustion air to maintain adequate temperature for
efficient combustion,
(2) Containment of the combustion-reaction in an enclosed device to
provide sufficient residence time and mixing for complete combustion,
and
(3) Control of emission of the gaseous combustion products.
(See also ``incineration'' and ``thermal treatment''.)
Operator means the person responsible for the overall operation of a
facility.
Owner means the person who owns a facility or part of a facility.
Partial closure means the closure of a hazardous waste management
unit in accordance with the applicable closure requirements of parts 264
and 265 of this chapter at a facility that contains other active
hazardous waste management units. For example, partial closure may
include the closure of a tank (including its associated piping and
underlying containment systems), landfill cell, surface impoundment,
waste pile, or other hazardous waste management unit, while other units
of the same facility continue to operate.
Person means an individual, trust, firm, joint stock company,
Federal Agency, corporation (including a government corporation),
partnership, association, State, municipality, commission, political
subdivision of a State, or any interstate body.
Personnel or facility personnel means all persons who work, at, or
oversee the operations of, a hazardous waste facility, and whose actions
or failure to act may result in noncompliance with the requirements of
part 264 or 265 of this chapter.
Pesticide means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest, or intended
for use as a plant regulator, defoliant, or desiccant, other than any
article that:
(1) Is a new animal drug under FFDCA section 201(w), or
(2) Is an animal drug that has been determined by regulation of the
Secretary of Health and Human Services not to be a new animal drug, or
(3) Is an animal feed under FFDCA section 201(x) that bears or
contains any substances described by paragraph (1) or (2) of this
definition.
Pile means any non-containerized accumulation of solid, nonflowing
hazardous waste that is used for treatment or storage and that is not a
containment building.
Plasma arc incinerator means any enclosed device using a high
intensity electrical discharge or arc as a source of heat followed by an
afterburner using controlled flame combustion and
[[Page 14]]
which is not listed as an industrial furnace.
Point source means any discernible, confined, and discrete
conveyance, including, but not limited to any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, or vessel or other floating
craft, from which pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture.
Publicly owned treatment works or POTW means any device or system
used in the treatment (including recycling and reclamation) of municipal
sewage or industrial wastes of a liquid nature which is owned by a
``State'' or ``municipality'' (as defined by section 502(4) of the CWA).
This definition includes sewers, pipes, or other conveyances only if
they convey wastewater to a POTW providing treatment.
Qualified Ground-Water Scientist means a scientist or engineer who
has received a baccalaureate or post-graduate degree in the natural
sciences or engineering, and has sufficient training and experience in
ground-water hydrology and related fields as may be demonstrated by
state registration, professional certifications, or completion of
accredited university courses that enable that individual to make sound
professional judgements regarding ground-water monitoring and
contaminant fate and transport.
Regional Administrator means the Regional Administrator for the EPA
Region in which the facility is located, or his designee.
Remediation waste means all solid and hazardous wastes, and all
media (including groundwater, surface water, soils, and sediments) and
debris that contain listed hazardous wastes or that themselves exhibit a
hazardous characteristic and are managed for implementing cleanup.
Remediation waste management site means a facility where an owner or
operator is or will be treating, storing or disposing of hazardous
remediation wastes. A remediation waste management site is not a
facility that is subject to corrective action under 40 CFR 264.101, but
is subject to corrective action requirements if the site is located in
such a facility.
Replacement unit means a landfill, surface impoundment, or waste
pile unit (1) from which all or substantially all of the waste is
removed, and (2) that is subsequently reused to treat, store, or dispose
of hazardous waste. ``Replacement unit'' does not apply to a unit from
which waste is removed during closure, if the subsequent reuse solely
involves the disposal of waste from that unit and other closing units or
corrective action areas at the facility, in accordance with an approved
closure plan or EPA or State approved corrective action.
Representative sample means a sample of a universe or whole (e.g.,
waste pile, lagoon, ground water) which can be expected to exhibit the
average properties of the universe or whole.
Run-off means any rainwater, leachate, or other liquid that drains
over land from any part of a facility.
Run-on means any rainwater, leachate, or other liquid that drains
over land onto any part of a facility.
Saturated zone or zone of saturation means that part of the earth's
crust in which all voids are filled with water.
Sludge means any solid, semi-solid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water
supply treatment plant, or air pollution control facility exclusive of
the treated effluent from a wastewater treatment plant.
Sludge dryer means any enclosed thermal treatment device that is
used to dehydrate sludge and that has a maximum total thermal input,
excluding the heating value of the sludge itself, of 2,500 Btu/lb of
sludge treated on a wet-weight basis.
Small Quantity Generator means a generator who generates less than
1000 kg of hazardous waste in a calendar month.
Solid waste means a solid waste as defined in Sec. 261.2 of this
chapter.
Sorbent means a material that is used to soak up free liquids by
either adsorption or absorption, or both. Sorb means to either adsorb or
absorb, or both.
Staging pile means an accumulation of solid, non-flowing remediation
waste
[[Page 15]]
(as defined in this section) that is not a containment building and that
is used only during remedial operations for temporary storage at a
facility. Staging piles must be designated by the Director according to
the requirements of 40 CFR 264.554.
State means any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
Storage means the holding of hazardous waste for a temporary period,
at the end of which the hazardous waste is treated, disposed of, or
stored elsewhere.
Sump means any pit or reservoir that meets the definition of tank
and those troughs/trenches connected to it that serve to collect
hazardous waste for transport to hazardous waste storage, treatment, or
disposal facilities; except that as used in the landfill, surface
impoundment, and waste pile rules, ``sump'' means any lined pit or
reservoir that serves to collect liquids drained from a leachate
collection and removal system or leak detection system for subsequent
removal from the system.
Surface impoundment or impoundment means a facility or part of a
facility which is a natural topographic depression, man-made excavation,
or diked area formed primarily of earthen materials (although it may be
lined with man-made materials), which is designed to hold an
accumulation of liquid wastes or wastes containing free liquids, and
which is not an injection well. Examples of surface impoundments are
holding, storage, settling, and aeration pits, ponds, and lagoons.
Tank means a stationary device, designed to contain an accumulation
of hazardous waste which is constructed primarily of non-earthen
materials (e.g., wood, concrete, steel, plastic) which provide
structural support.
Tank system means a hazardous waste storage or treatment tank and
its associated ancillary equipment and containment system.
TEQ means toxicity equivalence, the international method of relating
the toxicity of various dioxin/furan congeners to the toxicity of
2,3,7,8-tetrachlorodibenzo-p-dioxin.
Thermal treatment means the treatment of hazardous waste in a device
which uses elevated temperatures as the primary means to change the
chemical, physical, or biological character or composition of the
hazardous waste. Examples of thermal treatment processes are
incineration, molten salt, pyrolysis, calcination, wet air oxidation,
and microwave discharge. (See also ``incinerator'' and ``open
burning''.)
Thermostat means a temperature control device that contains metallic
mercury in an ampule attached to a bimetal sensing element, and mercury-
containing ampules that have been removed from these temperature control
devices in compliance with the requirements of 40 CFR 273.13(c)(2) or
273.33(c)(2).
Totally enclosed treatment facility means a facility for the
treatment of hazardous waste which is directly connected to an
industrial production process and which is constructed and operated in a
manner which prevents the release of any hazardous waste or any
constituent thereof into the environment during treatment. An example is
a pipe in which waste acid is neutralized.
Transfer facility means any transportation related facility
including loading docks, parking areas, storage areas and other similar
areas where shipments of hazardous waste are held during the normal
course of transportation.
Transport vehicle means a motor vehicle or rail car used for the
transportation of cargo by any mode. Each cargo-carrying body (trailer,
railroad freight car, etc.) is a separate transport vehicle.
Transportation means the movement of hazardous waste by air, rail,
highway, or water.
Transporter means a person engaged in the offsite transportation of
hazardous waste by air, rail, highway, or water.
Treatability Study means a study in which a hazardous waste is
subjected to a treatment process to determine: (1) Whether the waste is
amenable to the treatment process, (2) what pretreatment (if any) is
required, (3) the optimal process conditions needed to achieve the
desired treatment, (4)
[[Page 16]]
the efficiency of a treatment process for a specific waste or wastes, or
(5) the characteristics and volumes of residuals from a particular
treatment process. Also included in this definition for the purpose of
the Sec. 261.4 (e) and (f) exemptions are liner compatibility,
corrosion, and other material compatibility studies and toxicological
and health effects studies. A ``treatability study'' is not a means to
commercially treat or dispose of hazardous waste.
Treatment means any method, technique, or process, including
neutralization, designed to change the physical, chemical, or biological
character or composition of any hazardous waste so as to neutralize such
waste, or so as to recover energy or material resources from the waste,
or so as to render such waste non-hazardous, or less hazardous; safer to
transport, store, or dispose of; or amenable for recovery, amenable for
storage, or reduced in volume.
Treatment zone means a soil area of the unsaturated zone of a land
treatment unit within which hazardous constituents are degraded,
transformed, or immobilized.
Underground injection means the subsurface emplacement of fluids
through a bored, drilled or driven well; or through a dug well, where
the depth of the dug well is greater than the largest surface dimension.
(See also ``injection well''.)
Underground tank means a device meeting the definition of ``tank''
in Sec. 260.10 whose entire surface area is totally below the surface of
and covered by the ground.
Unfit-for use tank system means a tank system that has been
determined through an integrity assessment or other inspection to be no
longer capable of storing or treating hazardous waste without posing a
threat of release of hazardous waste to the environment.
Unsaturated zone or zone of aeration means the zone between the land
surface and the water table.
United States means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
Universal Waste means any of the following hazardous wastes that are
managed under the universal waste requirements of part Sec. 273 of this
chapter:
(1) Batteries as described in Sec. 273.2 of this chapter;
(2) Pesticides as described in Sec. 273.3 of this chapter;
(3) Thermostats as described in Sec. 273.4 of this chapter; and
(4) Lamps as described in Sec. 273.5 of this chapter.
Universal Waste Handler:
(1) Means:
(i) A generator (as defined in this section) of universal waste; or
(ii) The owner or operator of a facility, including all contiguous
property, that receives universal waste from other universal waste
handlers, accumulates universal waste, and sends universal waste to
another universal waste handler, to a destination facility, or to a
foreign destination.
(2) Does not mean:
(i) A person who treats (except under the provisions of 40 CFR
273.13 (a) or (c), or 273.33 (a) or (c)), disposes of, or recycles
universal waste; or
(ii) A person engaged in the off-site transportation of universal
waste by air, rail, highway, or water, including a universal waste
transfer facility.
Universal Waste Transporter means a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.
Uppermost aquifer means the geologic formation nearest the natural
ground surface that is an aquifer, as well as lower aquifers that are
hydraulically interconnected with this aquifer within the facility's
property boundary.
Used oil means any oil that has been refined from crude oil, or any
synthetic oil, that has been used and as a result of such use in
contaminated by physical or chemical impurities.
Vessel includes every description of watercraft, used or capable of
being used as a means of transportation on the water.
Wastewater treatment unit means a device which:
(1) Is part of a wastewater treatment facility that is subject to
regulation under either section 402 or 307(b) of the Clean Water Act;
and
[[Page 17]]
(2) Receives and treats or stores an influent wastewater that is a
hazardous waste as defined in Sec. 261.3 of this chapter, or that
generates and accumulates a wastewater treatment sludge that is a
hazardous waste as defined in Sec. 261.3 of this chapter, or treats or
stores a wastewater treatment sludge which is a hazardous waste as
defined in Sec. 261.3 of this Chapter; and
(3) Meets the definition of tank or tank system in Sec. 260.10 of
this chapter.
Water (bulk shipment) means the bulk transportation of hazardous
waste which is loaded or carried on board a vessel without containers or
labels.
Well means any shaft or pit dug or bored into the earth, generally
of a cylindrical form, and often walled with bricks or tubing to prevent
the earth from caving in.
Well injection: (See ``underground injection''.)
Zone of engineering control means an area under the control of the
owner/operator that, upon detection of a hazardous waste release, can be
readily cleaned up prior to the release of hazardous waste or hazardous
constituents to ground water or surface water.
[45 FR 33073, May 19, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 260.10, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 260.11 References.
(a) When used in parts 260 through 270 of this chapter, the
following publications are incorporated by reference:
(1) ``ASTM Standard Test Methods for Flash Point of Liquids by
Setaflash Closed Tester,'' ASTM Standard D-3278-78, available from
American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103.
(2) ``ASTM Standard Test Methods for Flash Point by Pensky-Martens
Closed Tester,'' ASTM Standard D-93-79 or D-93-80. D-93-80 is available
from American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103.
(3) ``ASTM Standard Method for Analysis of Reformed Gas by Gas
Chromatography,'' ASTM Standard D-1946-82, available from American
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA
19103.
(4) ``ASTM Standard Test Method for Heat of Combustion of
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),'' ASTM
Standard D 2382-83, available from American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103.
(5) ``ASTM Standard Practices for General Techniques of Ultraviolet-
Visible Quantitative Analysis,'' ASTM Standard E 169-87 available from
American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103.
(6) ``ASTM Standard Practices for General Techniques of Infrared
Quantitative Analysis,'' ASTM Standard E 168-88, available from American
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA
19103.
(7) ``ASTM Standard Practice for Packed Column Gas Chromatography,''
ASTM Standard E 260-85, available from American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103.
(8) ``ASTM Standard Test Method for Aromatics in Light Naphthas and
Aviation Gasolines by Gas Chromatography,'' ASTM Standard D 2267-88,
available from American Society for Testing and Materials, 1916 Race
Street, Philadelphia, PA 19103.
(9) ``APTI Course 415: Control of Gaseous Emissions,'' EPA
Publication EPA-450/2-81-005, December 1981, available from National
Technical Information Service, 5285 Port Royal Road, Springfield, VA
22161.
(10) ``Flammable and Combustible Liquids Code'' (1977 or 1981),
available from the National Fire Protection Association, 470 Atlantic
Avenue, Boston, MA 02210.
(11) ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,'' EPA Publication SW-846 [Third Edition (November 1986), as
amended by Updates I (dated July 1992), II (dated September 1994), IIA
(dated August 1993), IIB (dated January 1995), III (dated December 1996)
and IIIA (dated April 1998)]. The Third Edition of SW-846 and Updates I,
II, IIA, IIB, and III (document number 955-001-00000-1) are available
from the Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402, (202) 512-1800. Update IIIA is available through
EPA's Methods Information Communication Exchange (MICE) Service. MICE
can be contacted by phone at (703) 821-4690. Update IIIA can also be
obtained by contacting the U.S. Environmental Protection Agency, Office
of Solid Waste (5307W), OSW Methods Team, 401 M Street, SW, Washington,
DC, 20460. Copies of the Third Edition and all of its updates are also
available from the National Technical Information Service (NTIS), 5285
Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-
6847. Copies may be inspected at the Library, U.S. Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460; or at the
Office of the Federal Register, 800 North Capitol Street, NW, suite 700,
Washington, DC.
(12) ``Screening Procedures for Estimating the Air Quality Impact of
Stationary
[[Page 18]]
Sources, Revised'', October 1992, EPA Publication No. EPA-450/R-92-019,
Environmental Protection Agency, Research Triangle Park, NC.
(13) ``ASTM Standard Test Methods for Preparing Refuse-Derived Fuel
(RDF) Samples for Analyses of Metals,'' ASTM Standard E926-88, Test
Method C--Bomb, Acid Digestion Method, available from American Society
for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
(14) ``API Publication 2517, Third Edition'', February 1989,
``Evaporative Loss from External Floating-Roof Tanks,'' available from
the American Petroleum Institute, 1220 L Street, Northwest, Washington,
DC 20005.
(15) ``ASTM Standard Test Method for Vapor Pressure--Temperature
Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope,'' ASTM Standard D 2879-92, available from American Society
for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA
19103.
(16) Method 1664, Revision A, n-Hexane Extractable Material (HEM;
Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material
(SGT-HEM; Non-polar Material) by Extraction and Gravimetry. Available at
NTIS, PB99-121949, U.S. Department of Commerce, 5285 Port Royal,
Springfield, Virginia 22161.
(b) The references listed in paragraph (a) of this section are also
available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW., Suite 700, Washington, DC. These
incorporations by reference were approved by the Director of the Federal
Register. These materials are incorporated as they exist on the date of
approval and a notice of any change in these materials will be published
in the Federal Register.
[46 FR 35247, July 7, 1981, as amended at 50 FR 18374, Apr. 30, 1985; 52
FR 8073, Mar. 16, 1987; 52 FR 41295, Oct. 27, 1987; 54 FR 40266, Sept.
29, 1989; 55 FR 8949, Mar. 9, 1990; 55 FR 25493, June 21, 1990; 56 FR
7206, Feb. 21, 1991; 58 FR 38883, July 20, 1993; 58 FR 46049, Aug. 31,
1993; 59 FR 468, Jan. 4, 1994; 59 FR 28484, June 2, 1994; 59 FR 62926,
Dec. 6, 1994; 60 FR 17004, Apr. 4, 1995; 62 FR 32462, June 13, 1997; 64
FR 26327, May 11, 1999]
Subpart C--Rulemaking Petitions
Sec. 260.20 General.
(a) Any person may petition the Administrator to modify or revoke
any provision in parts 260 through 266, 268 and 273 of this chapter.
This section sets forth general requirements which apply to all such
petitions. Section 260.21 sets forth additional requirements for
petitions to add a testing or analytical method to part 261, 264 or 265
of this chapter. Section 260.22 sets forth additional requirements for
petitions to exclude a waste or waste-derived material at a particular
facility from Sec. 261.3 of this chapter or the lists of hazardous
wastes in subpart D of part 261 of this chapter. Section 260.23 sets
forth additional requirements for petitions to amend part 273 of this
chapter to include additional hazardous wastes or categories of
hazardous waste as universal waste.
(b) Each petition must be submitted to the Administrator by
certified mail and must include:
(1) The petitioner's name and address;
(2) A statement of the petitioner's interest in the proposed action;
(3) A description of the proposed action, including (where
appropriate) suggested regulatory language; and
(4) A statement of the need and justification for the proposed
action, including any supporting tests, studies, or other information.
(c) The Administrator will make a tentative decision to grant or
deny a petition and will publish notice of such tentative decision,
either in the form of an advanced notice of proposed rulemaking, a
proposed rule, or a tentative determination to deny the petition, in the
Federal Register for written public comment.
(d) Upon the written request of any interested person, the
Administrator may, at his discretion, hold an informal public hearing to
consider oral comments on the tentative decision. A person requesting a
hearing must state the issues to be raised and explain why written
comments would not suffice to communicate the person's views. The
Administrator may in any case decide on his own motion to hold an
informal public hearing.
(e) After evaluating all public comments the Administrator will make
a final decision by publishing in the Federal Register a regulatory
amendment or a denial of the petition.
[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 57
FR 38564, Aug. 25, 1992; 60 FR 25540, May 11, 1995]
[[Page 19]]
Sec. 260.21 Petitions for equivalent testing or analytical methods.
(a) Any person seeking to add a testing or analytical method to part
261, 264, or 265 of this chapter may petition for a regulatory amendment
under this section and Sec. 260.20. To be successful, the person must
demonstrate to the satisfaction of the Administrator that the proposed
method is equal to or superior to the corresponding method prescribed in
part 261, 264, or 265 of this chapter, in terms of its sensitivity,
accuracy, and precision (i.e., reproducibility).
(b) Each petition must include, in addition to the information
required by Sec. 260.20(b):
(1) A full description of the proposed method, including all
procedural steps and equipment used in the method;
(2) A description of the types of wastes or waste matrices for which
the proposed method may be used;
(3) Comparative results obtained from using the proposed method with
those obtained from using the relevant or corresponding methods
prescribed in part 261, 264, or 265 of this chapter;
(4) An assessment of any factors which may interfere with, or limit
the use of, the proposed method; and
(5) A description of the quality control procedures necessary to
ensure the sensitivity, accuracy and precision of the proposed method.
(c) After receiving a petition for an equivalent method, the
Administrator may request any additional information on the proposed
method which he may reasonably require to evaluate the method.
(d) If the Administrator amends the regulations to permit use of a
new testing method, the method will be incorporated in ``Test Methods
for the Evaluation of Solid Waste: Physical/Chemical Methods,'' SW-846,
U.S. Environmental Protection Agency, Office of Solid Waste, Washington,
DC 20460.
[45 FR 33073, May 19, 1980, as amended at 49 FR 47391, Dec. 4, 1984]
Sec. 260.22 Petitions to amend part 261 to exclude a waste produced at a particular facility.
(a) Any person seeking to exclude a waste at a particular generating
facility from the lists in subpart D of part 261 may petition for a
regulatory amendment under this section and Sec. 260.20. To be
successful:
(1) The petitioner must demonstrate to the satisfaction of the
Administrator that the waste produced by a particular generating
facility does not meet any of the criteria under which the waste was
listed as a hazardous or an actutely hazardous waste; and
(2) Based on a complete application, the Administrator must
determine, where he has a reasonable basis to believe that factors
(including additional constituents) other than those for which the waste
was listed could cause the waste to be a hazardous waste, that such
factors do not warrant retaining the waste as a hazardous waste. A waste
which is so excluded, however, still may be a hazardous waste by
operation of subpart C of part 261.
(b) The procedures in this Section and Sec. 260.20 may also be used
to petition the Administrator for a regulatory amendment to exclude from
Sec. 261.3(a)(2)(ii) or (c), a waste which is described in these
Sections and is either a waste listed in subpart D, or is derived from a
waste listed in subpart D. This exclusion may only be issued for a
particular generating, storage, treatment, or disposal facility. The
petitioner must make the same demonstration as required by paragraph (a)
of this section. Where the waste is a mixture of solid waste and one or
more listed hazardous wastes or is derived from one or more hazardous
wastes, his demonstration must be made with respect to the waste mixture
as a whole; analyses must be conducted for not only those constituents
for which the listed waste contained in the mixture was listed as
hazardous, but also for factors (including additional constituents) that
could cause the waste mixture to be a hazardous waste. A waste which is
so excluded may still be a hazardous waste by operation of subpart C of
part 261.
(c) If the waste is listed with codes ``I'', ``C'', ``R'', or ``E'',
in subpart D,
(1) The petitioner must show that the waste does not exhibit the
relevant characteristic for which the waste was listed as defined in
Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any
applicable
[[Page 20]]
methods prescribed therein. The petitioner also must show that the waste
does not exhibit any of the other characteristics defined in
Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any
applicable methods prescribed therein;
(2) Based on a complete application, the Administrator must
determine, where he has a reasonable basis to believe that factors
(including additional constituents) other than those for which the waste
was listed could cause the waste to be hazardous waste, that such
factors do not warrant retaining the waste as a hazardous waste. A waste
which is so excluded, however, still may be a hazardous waste by
operation of subpart C of part 261.
(d) If the waste is listed with code ``T'' in subpart D,
(1) The petitioner must demonstrate that the waste:
(i) Does not contain the constituent or constituents (as defined in
Appendix VII of part 261 of this chapter) that caused the Administrator
to list the waste, using the appropriate test methods prescribed in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, as incorporated by reference in Sec. 260.11; or
(ii) Although containing one or more of the hazrdous constituents
(as defined in appendix VII of part 261) that caused the Administrator
to list the waste, does not meet the criterion of Sec. 261.11(a)(3) when
considering the factors used by the Administrator in Sec. 261.11(a)(3)
(i) through (xi) under which the waste was listed as hazardous; and
(2) Based on a complete application, the Administrator must
determine, where he has a reasonable basis to believe that factors
(including additional constituents) other than those for which the waste
was listed could cause the waste to be a hazardous waste, that such
factors do not warrant retaining the waste as a hazardous waste; and
(3) The petitioner must demonstrate that the waste does not exhibit
any of the characteristics defined in Sec. 261.21, Sec. 261.22,
Sec. 261.23, and Sec. 261.24 using any applicable methods prescribed
therein;
(4) A waste which is so excluded, however, still may be a hazardous
waste by operation of subpart C of part 261.
(e) If the waste is listed with the code ``H'' in subpart D,
(1) The petitioner must demonstrate that the waste does not meet the
criterion of Sec. 261.11(a)(2); and
(2) Based on a complete application, the Administrator must
determine, where he has a reasonable basis to believe that additional
factors (including additional constituents) other than those for which
the waste was listed could cause the waste to be a hazardous waste, that
such factors do not warrant retaining the waste as a hazardous waste;
and
(3) The petitioner must demonstrate that the waste does not exhibit
any of the characteristics defined in Sec. 261.21, Sec. 261.22,
Sec. 261.23, and Sec. 261.24 using any applicable methods prescribed
therein;
(4) A waste which is so excluded, however, still may be a hazardous
waste by operation of subpart C of part 261.
(f) [Reserved for listing radioactive wastes.]
(g) [Reserved for listing infectious wastes.]
(h) Demonstration samples must consist of enough representative
samples, but in no case less than four samples, taken over a period of
time sufficient to represent the variability or the uniformity of the
waste.
(i) Each petition must include, in addition to the information
required by Sec. 260.20(b):
(1) The name and address of the laboratory facility performing the
sampling or tests of the waste;
(2) The names and qualifications of the persons sampling and testing
the waste;
(3) The dates of sampling and testing;
(4) The location of the generating facility;
(5) A description of the manufacturing processes or other operations
and feed materials producing the waste and an assessment of whether such
processes, operations, or feed materials can or might produce a waste
that is not covered by the demonstration;
(6) A description of the waste and an estimate of the average and
maximum monthly and annual quantities of waste covered by the
demonstration;
[[Page 21]]
(7) Pertinent data on and discussion of the factors delineated in
the respective criterion for listing a hazardous waste, where the
demonstration is based on the factors in Sec. 261.11(a)(3);
(8) A description of the methodologies and equipment used to obtain
the representative samples;
(9) A description of the sample handling and preparation techniques,
including techniques used for extraction, containerization and
preservation of the samples;
(10) A description of the tests performed (including results);
(11) The names and model numbers of the instruments used in
performing the tests; and
(12) The following statement signed by the generator of the waste or
his authorized representative:
I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this demonstration and all
attached documents, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that
the submitted information is true, accurate, and complete. I am aware
that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment.
(ii) [Reserved]
(j) After receiving a petition for an exclusion, the Administrator
may request any additional information which he may reasonably require
to evaluate the petition.
(k) An exclusion will only apply to the waste generated at the
individual facility covered by the demonstration and will not apply to
waste from any other facility.
(l) The Administrator may exclude only part of the waste for which
the demonstration is submitted where he has reason to believe that
variability of the waste justifies a partial exclusion.
[45 FR 33073, May 19, 1980, as amended at 50 FR 28742, July 15, 1985; 54
FR 27116, June 27, 1989; 58 FR 46049, Aug. 31, 1994]
Editorial Note: For information on the availability of a guidance
manual for petitions to delist hazardous wastes, see 50 FR 21607, May
28, 1985.
Sec. 260.23 Petitions to amend 40 CFR part 273 to include additional hazardous wastes.
(a) Any person seeking to add a hazardous waste or a category of
hazardous waste to the universal waste regulations of part 273 of this
chapter may petition for a regulatory amendment under this section, 40
CFR 260.20, and subpart G of 40 CFR part 273.
(b) To be successful, the petitioner must demonstrate to the
satisfaction of the Administrator that regulation under the universal
waste regulations of 40 CFR part 273: Is appropriate for the waste or
category of waste; will improve management practices for the waste or
category of waste; and will improve implementation of the hazardous
waste program. The petition must include the information required by 40
CFR 260.20(b). The petition should also address as many of the factors
listed in 40 CFR 273.81 as are appropriate for the waste or category of
waste addressed in the petition.
(c) The Administrator will grant or deny a petition using the
factors listed in 40 CFR 273.81. The decision will be based on the
weight of evidence showing that regulation under 40 CFR part 273 is
appropriate for the waste or category of waste, will improve management
practices for the waste or category of waste, and will improve
implementation of the hazardous waste program.
(d) The Administrator may request additional information needed to
evaluate the merits of the petition.
[60 FR 25540, May 11, 1995]
Sec. 260.30 Variances from classification as a solid waste.
In accordance with the standards and criteria in Sec. 260.31 and the
procedures in Sec. 260.33, the Administrator may determine on a case-by-
case basis that the following recycled materials are not solid wastes:
(a) Materials that are accumulated speculatively without sufficient
amounts being recycled (as defined in Sec. 261.1(c)(8) of this chapter);
(b) Materials that are reclaimed and then reused within the original
production process in which they were generated; and
[[Page 22]]
(c) Materials that have been reclaimed but must be reclaimed further
before the materials are completely recovered.
[50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59
FR 48041, Sept. 19, 1994]
Sec. 260.31 Standards and criteria for variances from classification as a solid waste.
(a) The Administrator may grant requests for a variance from
classifying as a solid waste those materials that are accumulated
speculatively without sufficient amounts being recycled if the applicant
demonstrates that sufficient amounts of the material will be recycled or
transferred for recycling in the following year. If a variance is
granted, it is valid only for the following year, but can be renewed, on
an annual basis, by filing a new application. The Administrator's
decision will be based on the following criteria:
(1) The manner in which the material is expected to be recycled,
when the material is expected to be recycled, and whether this expected
disposition is likely to occur (for example, because of past practice,
market factors, the nature of the material, or contractual arrangements
for recycling);
(2) The reason that the applicant has accumulated the material for
one or more years without recycling 75 percent of the volume accumulated
at the beginning of the year;
(3) The quantity of material already accumulated and the quantity
expected to be generated and accumulated before the material is
recycled;
(4) The extent to which the material is handled to minimize loss;
(5) Other relevant factors.
(b) The Administrator may grant requests for a variance from
classifying as a solid waste those materials that are reclaimed and then
reused as feedstock within the original production process in which the
materials were generated if the reclamation operation is an essential
part of the production process. This determination will be based on the
following criteria:
(1) How economically viable the production process would be if it
were to use virgin materials, rather than reclaimed materials;
(2) The prevalence of the practice on an industry-wide basis;
(3) The extent to which the material is handled before reclamation
to minimize loss;
(4) The time periods between generating the material and its
reclamation, and between reclamation and return to the original primary
production process;
(5) The location of the reclamation operation in relation to the
production process;
(6) Whether the reclaimed material is used for the purpose for which
it was originally produced when it is returned to the original process,
and whether it is returned to the process in substantially its original
form;
(7) Whether the person who generates the material also reclaims it;
(8) Other relevant factors.
(c) The Regional Administrator may grant requests for a variance
from classifying as a solid waste those materials that have been
reclaimed but must be reclaimed further before recovery is completed if,
after initial reclamation, the resulting material is commodity-like
(even though it is not yet a commercial product, and has to be reclaimed
further). This determination will be based on the following factors:
(1) The degree of processing the material has undergone and the
degree of further processing that is required;
(2) The value of the material after it has been reclaimed;
(3) The degree to which the reclaimed material is like an analogous
raw material;
(4) The extent to which an end market for the reclaimed material is
guaranteed;
(5) The extent to which the reclaimed material is handled to
minimize loss;
(6) Other relevant factors.
[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]
Sec. 260.32 Variances to be classified as a boiler.
In accordance with the standards and criteria in Sec. 260.10
(definition of ``boiler''), and the procedures in Sec. 260.33, the
Administrator may determine on a case-by-case basis that certain
enclosed devices using controlled flame
[[Page 23]]
combustion are boilers, even though they do not otherwise meet the
definition of boiler contained in Sec. 260.10, after considering the
following criteria:
(a) The extent to which the unit has provisions for recovering and
exporting thermal energy in the form of steam, heated fluids, or heated
gases; and
(b) The extent to which the combustion chamber and energy recovery
equipment are of integral design; and
(c) The efficiency of energy recovery, calculated in terms of the
recovered energy compared with the thermal value of the fuel; and
(d) The extent to which exported energy is utilized; and
(e) The extent to which the device is in common and customary use as
a ``boiler'' functioning primarily to produce steam, heated fluids, or
heated gases; and
(f) Other factors, as appropriate.
[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]
Sec. 260.33 Procedures for variances from classification as a solid waste
or to be classified as a boiler.
The Administrator will use the following procedures in evaluating
applications for variances from classification as a solid waste or
applications to classify particular enclosed controlled flame combustion
devices as boilers:
(a) The applicant must apply to the Administrator for the variance.
The application must address the relevant criteria contained in
Sec. 260.31 or Sec. 260.32.
(b) The Administrator will evaluate the application and issue a
draft notice tentatively granting or denying the application.
Notification of this tentative decision will be provided by newspaper
advertisement or radio broadcast in the locality where the recycler is
located. The Administrator will accept comment on the tentative decision
for 30 days, and may also hold a public hearing upon request or at his
discretion. The Administrator will issue a final decision after receipt
of comments and after the hearing (if any).
[59 FR 48041, Sept. 19, 1994]
Sec. 260.40 Additional regulation of certain hazardous waste recycling
activities on a case-by-case basis.
(a) The Regional Administrator may decide on a case-by-case basis
that persons accumulating or storing the recyclable materials described
in Sec. 261.6(a)(2)(iv) of this chapter should be regulated under
Sec. 261.6 (b) and (c) of this chapter. The basis for this decision is
that the materials are being accumulated or stored in a manner that does
not protect human health and the environment because the materials or
their toxic constituents have not been adequately contained, or because
the materials being accumulated or stored together are incompatible. In
making this decision, the Regional Administrator will consider the
following factors:
(1) The types of materials accumulated or stored and the amounts
accumulated or stored;
(2) The method of accumulation or storage;
(3) The length of time the materials have been accumulated or stored
before being reclaimed;
(4) Whether any contaminants are being released into the
environment, or are likely to be so released; and
(5) Other relevant factors.
(b) [Reserved]
The procedures for this decision are set forth in Sec. 260.41 of this
chapter.
[50 FR 662, Jan. 4, 1985]
Sec. 260.41 Procedures for case-by-case regulation of hazardous waste
recycling activities.
The Regional Administrator will use the following procedures when
determining whether to regulate hazardous waste recycling activities
described in Sec. 261.6(a)(2)(iv) under the provisions of Sec. 261.6 (b)
and (c), rather than under the provisions of subpart F of part 266 of
this chapter.
(a) If a generator is accumulating the waste, the Regional
Administrator will issue a notice setting forth the factual basis for
the decision and stating that the person must comply with the applicable
requirements of subparts A, C, D, and E of part 262 of this chapter. The
notice will become final within 30 days,
[[Page 24]]
unless the person served requests a public hearing to challenge the
decision. Upon receiving such a request, the Regional Administrator will
hold a public hearing. The Regional Administrator will provide notice of
the hearing to the public and allow public participation at the hearing.
The Regional Administrator will issue a final order after the hearing
stating whether or not compliance with part 262 is required. The order
becomes effective 30 days after service of the decision unless the
Regional Administrator specifies a later date or unless review by the
Administrator is requested. The order may be appealed to the
Administrator by any person who participated in the public hearing. The
Administrator may choose to grant or to deny the appeal. Final Agency
action occurs when a final order is issued and Agency review procedures
are exhausted.
(b) If the person is accumulating the recyclable material as a
storage facility, the notice will state that the person must obtain a
permit in accordance with all applicable provisions of parts 270 and 124
of this chapter. The owner or operator of the facility must apply for a
permit within no less than 60 days and no more than six months of
notice, as specified in the notice. If the owner or operator of the
facility wishes to challenge the Regional Administrator's decision, he
may do so in his permit application, in a public hearing held on the
draft permit, or in comments filed on the draft permit or on the notice
of intent to deny the permit. The fact sheet accompanying the permit
will specify the reasons for the Agency's determination. The question of
whether the Regional Administrator's decision was proper will remain
open for consideration during the public comment period discussed under
Sec. 124.11 of this chapter and in any subsequent hearing.
[50 FR 663, Jan. 4, 1985]`
Appendix I to Part 260--Overview of Subtitle C Regulations
The Agency believes that there are many people who suspect, but are
not sure, that their activities are subject to control under the RCRA
Subtitle C rules. This appendix is written for these people. It is
designed to help those who are unfamiliar with the hazardous waste
control program to determine with which, if any, of the regulations they
should comply.
Definition of Solid Waste
The first question which such a person should ask himself is: ``Is
the material I handle a solid waste?'' If the answer to this question is
``No'', then the material is not subject to control under RCRA and,
therefore, the person need not worry about whether he should comply with
the Subtitle C rules.
Section 261.2 of this chapter provides a definition of ``solid
waste'' which expands the statutory definition of that term given in
section 1004(27) of RCRA. This definition is diagrammed in Figure 1
below.
Figure 1 explains that all materials are either: (1) Garbage refuse,
or sludge; (2) solid, liquid, semi-solid or contained gaseous material;
or (3) something else. No materials in the third category are solid
waste. All materials in the first category are solid waste. Materials in
the second category are solid waste unless they are one of the five
exclusions specified in Sec. 261.4(a).
Definition of Hazardous Waste
If a person has determined that his material is a ``solid waste'',
the next question he should ask is: ``Is the solid waste I handle a
hazardous waste?''
Hazardous waste is defined in Sec. 261.3 of this chapter. Section
261.3 provides that, in general, a solid waste is a hazardous waste if:
(1) It is, or contains, a hazardous waste listed in subpart D of part
261 of this chapter, or (2) the waste exhibits any of the
characteristics defined in subpart C of part 261. However, parts 260 and
261 also contain provisions which exclude (Secs. 261.4(b), 260.20, and
260.22) certain solid wastes from the definition of ``hazardous waste'',
even though they are listed in subpart D or exhibit one or more of the
characteristics defined in subpart C. Figure 2 depicts the interplay of
these special provisions with the definition of ``hazardous waste''. It
presents a series of questions which a person should ask himself
concerning his waste. After doing so, the person should be able to
determine if the solid waste he handles is a hazardous waste.
Hazardous Waste Regulations
If this is the case, the person should look at Figure 3. Figure 3
depicts the special provisions specified in the final part 261 rules for
hazardous waste which:
1. Is generated by a small quantity generator
2. Is or is intended to be legitimately and beneficially used, re-used,
recycled, or reclaimed
3. Is a sludge; is listed in part 261, subpart D; or is a mixture
containing a waste listed in part 261, subpart D.
For each of these Groups, Figure 3 indicates with which subtitle C
regulations (if
[[Page 25]]
any) the person handling these wastes must comply. Figure 3 also
explains that, if a person handles hazardous waste which is not included
in any one of the above three categories, his waste is subject to the
subtitle C regulations diagrammed in Figure 4.
Figure 4 is a flowchart which identifies the three categories of
activities regulated under the subtitle C rules, and the corresponding
set of rules with which people in each of these categories must comply.
It points out that all people who handle hazardous waste are either: (1)
Generators of hazardous waste, (2) transporters of hazardous waste, (3)
owners or operators of hazardous waste treatment, storage, or disposal
facilities, or (4) a combination of the above. Figure 4 indicates that
all of these people must notify EPA of their hazardous waste activities
in accordance with the Section 3010 Notification Procedures (see 45 FR
12746 et seq.), and obtain an EPA identification number.
It should be noted that people handling wastes listed in subpart D
of part 261 who have filed, or who intend to file an application to
exempt their waste from regulation under the subtitle C rules, must also
comply with the notification requirements of section 3010.
If a person generates hazardous waste, Figure 4 indicates that he
must comply with the part 262 rules. If he transports it, he must comply
with the part 263 rules. The standards in both these parts are designed
to ensure, among other things, proper recordkeeping and reporting, the
use of a manifest system to track shipments of hazardous waste, the use
of proper labels and containers, and the delivery of the waste to a
permitted treatment, storage, or disposal facility.
If a person owns or operates a facility which treats, stores, or
disposes of hazardous waste, the standards with which he must comply
depend on a number of factors. First of all, if the owner or operator of
a storage facility is also the person who generates the waste, and the
waste is stored at the facility for less than 90 days for subsequent
shipment off-site, then the person must comply with Sec. 262.34 of the
part 262 rules.
All other owners or operators of treatment, storage, or disposal
facilities must comply with either the part 264 or the part 265 rules.
To determine with which of these sets of rules an owner or operator must
comply, he must find out whether his facility qualifies for interim
status. To qualify, the owner or operator must: (1) Have been treating,
storing, or disposing of the hazardous waste, or commenced facility
construction on or before October 21, 1976, (2) comply with the section
3010 notification requirements, and (3) apply for a permit under part
270 of this chapter.
If the owner or operator has done all of the above, he qualifies for
interim status, and he must comply with the part 265 rules. These rules
contain administrative requirements, monitoring and closure standards,
and an abbreviated set of technical and closure and post-closure cost
estimate requirements. The owner or operator must comply with these
standards until final administrative disposition of his permit
application is made. If a permit is issued to the owner or operator, he
must then comply with the permit which will be based on the part 264
rules.
If the owner or operator has not carried out the above three
requirements, he does not qualify for interim status. Until he is issued
a permit for his facility, the owner or operator must stop waste
management operations (if any) at the facility, and send his hazardous
waste (if any) to a facility whose owner or operator has interim status
or to a storage facility following the part 262 rules.
In order to apply for a permit, the owner or operator must comply
with the procedures specified in part 270 of this chapter.
It should be noted that the Agency will be periodically revising the
rules depicted in Figures 3 and 4. All persons are encouraged to write
to EPA to verify that the regulations which they are reading are up-to-
date. To obtain this verification, contact: Solid Waste Information,
U.S. Environmental Protection Agency, 26 West St. Clair Street,
Cincinnati, Ohio 45268 (513) 684-5362.
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PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
Subpart A--General
Sec.
261.1 Purpose and scope.
261.2 Definition of solid waste.
261.3 Definition of hazardous waste.
261.4 Exclusions.
261.5 Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
261.6 Requirements for recyclable materials.
261.7 Residues of hazardous waste in empty containers.
261.8 PCB wastes regulated under Toxic Substance Control Act.
261.9 Requirements for Universal Waste.
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Subpart B--Criteria for Identifying the Characteristics of Hazardous
Waste and for Listing Hazardous Waste
261.10 Criteria for identifying the characteristics of hazardous waste.
261.11 Criteria for listing hazardous waste.
Subpart C--Characteristics of Hazardous Waste
261.20 General.
261.21 Characteristic of ignitability.
261.22 Characteristic of corrosivity.
261.23 Characteristic of reactivity.
261.24 Toxicity characteristic.
Subpart D--Lists of Hazardous Wastes
261.30 General.
261.31 Hazardous wastes from non-specific sources.
261.32 Hazardous wastes from specific sources.
261.33 Discarded commercial chemical products, off-specification
species, container residues, and spill residues thereof.
261.35 Deletion of certain hazardous waste codes following equipment
cleaning and replacement.
261.38 Comparable/Syngas Fuel Exclusion.
Appendix I to Part 261--Representative Sampling Methods
Appendix II to Part 261--Method 1311 Toxicity Characteristic Leaching
Procedure (TCLP)
Appendix III to Part 261--Chemical Analysis Test Methods
Appendix IV to Part 261--[Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261--[Reserved for Infectious Waste Treatment
Specifications]
Appendix VI to Part 261--[Reserved for Etiologic Agents]
Appendix VII to Part 261--Basis for Listing Hazardous Waste
Appendix VIII to Part 261--Hazardous Constituents
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 260.22
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 6938.
Source: 45 FR 33119, May 19, 1980, unless otherwise noted.
Subpart A--General
Sec. 261.1 Purpose and scope.
(a) This part identifies those solid wastes which are subject to
regulation as hazardous wastes under parts 262 through 265, 268, and
parts 270, 271, and 124 of this chapter and which are subject to the
notification requirements of section 3010 of RCRA. In this part:
(1) Subpart A defines the terms ``solid waste'' and ``hazardous
waste'', identifies those wastes which are excluded from regulation
under parts 262 through 266, 268 and 270 and establishes special
management requirements for hazardous waste produced by conditionally
exempt small quantity generators and hazardous waste which is recycled.
(2) Subpart B sets forth the criteria used by EPA to identify
characteristics of hazardous waste and to list particular hazardous
wastes.
(3) Subpart C identifies characteristics of hazardous waste.
(4) Subpart D lists particular hazardous wastes.
(b)(1) The definition of solid waste contained in this part applies
only to wastes that also are hazardous for purposes of the regulations
implementing subtitle C of RCRA. For example, it does not apply to
materials (such as non-hazardous scrap, paper, textiles, or rubber) that
are not otherwise hazardous wastes and that are recycled.
(2) This part identifies only some of the materials which are solid
wastes and hazardous wastes under sections 3007, 3013, and 7003 of RCRA.
A material which is not defined as a solid waste in this part, or is not
a hazardous waste identified or listed in this part, is still a solid
waste and a hazardous waste for purposes of these sections if:
(i) In the case of sections 3007 and 3013, EPA has reason to believe
that the material may be a solid waste within the meaning of section
1004(27) of RCRA and a hazardous waste within the meaning of section
1004(5) of RCRA; or
(ii) In the case of section 7003, the statutory elements are
established.
(c) For the purposes of Secs. 261.2 and 261.6:
(1) A ``spent material'' is any material that has been used and as a
result of contamination can no longer serve the purpose for which it was
produced without processing;
(2) ``Sludge'' has the same meaning used in Sec. 260.10 of this
chapter;
(3) A ``by-product'' is a material that is not one of the primary
products of a production process and is not solely or
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separately produced by the production process. Examples are process
residues such as slags or distillation column bottoms. The term does not
include a co-product that is produced for the general public's use and
is ordinarily used in the form it is produced by the process.
(4) A material is ``reclaimed'' if it is processed to recover a
usable product, or if it is regenerated. Examples are recovery of lead
values from spent batteries and regeneration of spent solvents.
(5) A material is ``used or reused'' if it is either:
(i) Employed as an ingredient (including use as an intermediate) in
an industrial process to make a product (for example, distillation
bottoms from one process used as feedstock in another process). However,
a material will not satisfy this condition if distinct components of the
material are recovered as separate end products (as when metals are
recovered from metal-containing secondary materials); or
(ii) Employed in a particular function or application as an
effective substitute for a commercial product (for example, spent pickle
liquor used as phosphorous precipitant and sludge conditioner in
wastewater treatment).
(6) ``Scrap metal'' is bits and pieces of metal parts (e.g.,) bars,
turnings, rods, sheets, wire) or metal pieces that may be combined
together with bolts or soldering (e.g., radiators, scrap automobiles,
railroad box cars), which when worn or superfluous can be recycled.
(7) A material is ``recycled'' if it is used, reused, or reclaimed.
(8) A material is ``accumulated speculatively'' if it is accumulated
before being recycled. A material is not accumulated speculatively,
however, if the person accumulating it can show that the material is
potentially recyclable and has a feasible means of being recycled; and
that--during the calendar year (commencing on January 1)--the amount of
material that is recycled, or transferred to a different site for
recycling, equals at least 75 percent by weight or volume of the amount
of that material accumulated at the beginning of the period. In
calculating the percentage of turnover, the 75 percent requirement is to
be applied to each material of the same type (e.g., slags from a single
smelting process) that is recycled in the same way (i.e., from which the
same material is recovered or that is used in the same way). Materials
accumulating in units that would be exempt from regulation under
Sec. 261.4(c) are not to be included in making the calculation.
(Materials that are already defined as solid wastes also are not to be
included in making the calculation.) Materials are no longer in this
category once they are removed from accumulation for recycling, however.
(9) ``Excluded scrap metal'' is processed scrap metal, unprocessed
home scrap metal, and unprocessed prompt scrap metal.
(10) ``Processed scrap metal'' is scrap metal which has been
manually or physically altered to either separate it into distinct
materials to enhance economic value or to improve the handling of
materials. Processed scrap metal includes, but is not limited to scrap
metal which has been baled, shredded, sheared, chopped, crushed,
flattened, cut, melted, or separated by metal type (i.e., sorted), and,
fines, drosses and related materials which have been agglomerated.
(Note: shredded circuit boards being sent for recycling are not
considered processed scrap metal. They are covered under the exclusion
from the definition of solid waste for shredded circuit boards being
recycled (Sec. 261.4(a)(13)).
(11) ``Home scrap metal'' is scrap metal as generated by steel
mills, foundries, and refineries such as turnings, cuttings, punchings,
and borings.
(12) ``Prompt scrap metal'' is scrap metal as generated by the metal
working/fabrication industries and includes such scrap metal as
turnings, cuttings, punchings, and borings. Prompt scrap is also known
as industrial or new scrap metal.
[45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50
FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7,
1986; 62 FR 26018, May 12, 1997]
Sec. 261.2 Definition of solid waste.
(a)(1) A solid waste is any discarded material that is not excluded
by Sec. 261.4(a) or that is not excluded by
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variance granted under Secs. 260.30 and 260.31.
(2) A discarded material is any material which is:
(i) Abandoned, as explained in paragraph (b) of this section; or
(ii) Recycled, as explained in paragraph (c) of this section; or
(iii) Considered inherently waste-like, as explained in paragraph
(d) of this section; or
(iv) A military munition identified as a solid waste in 40 CFR
266.202.
(b) Materials are solid waste if they are abandoned by being:
(1) Disposed of; or
(2) Burned or incinerated; or
(3) Accumulated, stored, or treated (but not recycled) before or in
lieu of being abandoned by being disposed of, burned, or incinerated.
(c) Materials are solid wastes if they are recycled--or accumulated,
stored, or treated before recycling--as specified in paragraphs (c)(1)
through (4) of this section.
(1) Used in a manner constituting disposal. (i) Materials noted with
a ``*'' in Column 1 of Table I are solid wastes when they are:
(A) Applied to or placed on the land in a manner that constitutes
disposal; or
(B) Used to produce products that are applied to or placed on the
land or are otherwise contained in products that are applied to or
placed on the land (in which cases the product itself remains a solid
waste).
(ii) However, commercial chemical products listed in Sec. 261.33 are
not solid wastes if they are applied to the land and that is their
ordinary manner of use.
(2) Burning for energy recovery. (i) Materials noted with a ``*'' in
column 2 of Table 1 are solid wastes when they are:
(A) Burned to recover energy;
(B) Used to produce a fuel or are otherwise contained in fuels (in
which cases the fuel itself remains a solid waste).
(ii) However, commercial chemical products listed in Sec. 261.33 are
not solid wastes if they are themselves fuels.
(3) Reclaimed. Materials noted with a ``*'' in column 3 of Table 1
are solid wastes when reclaimed (except as provided under 40 CFR
261.4(a)(17)). Materials noted with a ``---'' in column 3 of Table 1 are
not solid wastes when reclaimed (except as provided under 40 CFR
261.4(a)(17)).
(4) Accumulated speculatively. Materials noted with a ``*'' in
column 4 of Table 1 are solid wastes when accumulated speculatively.
Table 1
----------------------------------------------------------------------------------------------------------------
Reclamation (Sec.
261.2(c)(3))
Use constituting Energy recovery/ (except as provided Speculative
disposal (Sec. fuel (Sec. in 261.4(a)(17) for accumulation (Sec.
261.2(c)(1)) 261.2(c)(2)) mineral processing 261.2(c)(4))
secondary
materials)
----------------------------------------------------------------------------------------------------------------
1 2 3 4
----------------------------------------------------------------------------------------------------------------
Spent Materials............. (*) (*) (*) (*)
Sludges (listed in 40 CFR (*) (*) (*) (*)
Part 261.31 or 261.32......
Sludges exhibiting a (*) (*) -- (*)
characteristic of hazardous
waste......................
By-products (listed in 40 (*) (*) (*) (*)
CFR 261.31 or 261.32)......
By-products exhibiting a (*) (*) -- (*)
characteristic of hazardous
waste......................
Commercial chemical products (*) (*) -- --
listed in 40 CFR 261.33....
Scrap metal other than (*) (*) (*) (*)
excluded scrap metal (see
261.1(c)(9))...............
----------------------------------------------------------------------------------------------------------------
Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``scrap metal'' and ``processed scrap
metal'' are defined in Sec. 261.1.
(d) Inherently waste-like materials. The following materials are
solid wastes when they are recycled in any manner:
(1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to
make a product at the site of generation), F022, F023, F026, and F028.
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(2) Secondary materials fed to a halogen acid furnace that exhibit a
characteristic of a hazardous waste or are listed as a hazardous waste
as defined in subparts C or D of this part, except for brominated
material that meets the following criteria:
(i) The material must contain a bromine concentration of at least
45%; and
(ii) The material must contain less than a total of 1% of toxic
organic compounds listed in appendix VIII; and
(iii) The material is processed continually on-site in the halogen
acid furnace via direct conveyance (hard piping).
(3) The Administrator will use the following criteria to add wastes
to that list:
(i)(A) The materials are ordinarily disposed of, burned, or
incinerated; or
(B) The materials contain toxic constituents listed in appendix VIII
of part 261 and these constituents are not ordinarily found in raw
materials or products for which the materials substitute (or are found
in raw materials or products in smaller concentrations) and are not used
or reused during the recycling process; and
(ii) The material may pose a substantial hazard to human health and
the environment when recycled.
(e) Materials that are not solid waste when recycled. (1) Materials
are not solid wastes when they can be shown to be recycled by being:
(i) Used or reused as ingredients in an industrial process to make a
product, provided the materials are not being reclaimed; or
(ii) Used or reused as effective substitutes for commercial
products; or
(iii) Returned to the original process from which they are
generated, without first being reclaimed or land disposed. The material
must be returned as a substitute for feedstock materials. In cases where
the original process to which the material is returned is a secondary
process, the materials must be managed such that there is no placement
on the land. In cases where the materials are generated and reclaimed
within the primary mineral processing industry, the conditions of the
exclusion found at Sec. 261.4(a)(17) apply rather than this paragraph.
(2) The following materials are solid wastes, even if the recycling
involves use, reuse, or return to the original process (described in
paragraphs (e)(1) (i) through (iii) of this section):
(i) Materials used in a manner constituting disposal, or used to
produce products that are applied to the land; or
(ii) Materials burned for energy recovery, used to produce a fuel,
or contained in fuels; or
(iii) Materials accumulated speculatively; or
(iv) Materials listed in paragraphs (d)(1) and (d)(2) of this
section.
(f) Documentation of claims that materials are not solid wastes or
are conditionally exempt from regulation. Respondents in actions to
enforce regulations implementing subtitle C of RCRA who raise a claim
that a certain material is not a solid waste, or is conditionally exempt
from regulation, must demonstrate that there is a known market or
disposition for the material, and that they meet the terms of the
exclusion or exemption. In doing so, they must provide appropriate
documentation (such as contracts showing that a second person uses the
material as an ingredient in a production process) to demonstrate that
the material is not a waste, or is exempt from regulation. In addition,
owners or operators of facilities claiming that they actually are
recycling materials must show that they have the necessary equipment to
do so.
[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56
FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug.
27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994; 62 FR
6651, Feb. 12, 1997; 62 FR 26019, May 12, 1997; 63 FR 28636, May 26,
1998; 64 FR 24513, May 11, 1999]
Sec. 261.3 Definition of hazardous waste.
(a) A solid waste, as defined in Sec. 261.2, is a hazardous waste
if:
(1) It is not excluded from regulation as a hazardous waste under
Sec. 261.4(b); and
(2) It meets any of the following criteria:
(i) It exhibits any of the characteristics of hazardous waste
identified in subpart C of this part. However, any mixture of a waste
from the extraction, beneficiation, and processing of ores
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and minerals excluded under Sec. 261.4(b)(7) and any other solid waste
exhibiting a characteristic of hazardous waste under subpart C is a
hazardous waste only if it exhibits a characteristic that would not have
been exhibited by the excluded waste alone if such mixture had not
occurred, or if it continues to exhibit any of the characteristics
exhibited by the non-excluded wastes prior to mixture. Further, for the
purposes of applying the Toxicity Characteristic to such mixtures, the
mixture is also a hazardous waste if it exceeds the maximum
concentration for any contaminant listed in table I to Sec. 261.24 that
would not have been exceeded by the excluded waste alone if the mixture
had not occurred or if it continues to exceed the maximum concentration
for any contaminant exceeded by the nonexempt waste prior to mixture.
(ii) It is listed in subpart D of this part and has not been
excluded from the lists in subpart D of this part under Secs. 260.20 and
260.22 of this chapter.
(iii) It is a mixture of a solid waste and a hazardous waste that is
listed in subpart D of this part solely because it exhibits one or more
of the characteristics of hazardous waste identified in subpart C of
this part, unless the resultant mixture no longer exhibits any
characteristic of hazardous waste identified in subpart C of this part,
or unless the solid waste is excluded from regulation under
Sec. 261.4(b)(7) and the resultant mixture no longer exhibits any
characteristic of hazardous waste identified in subpart C of this part
for which the hazardous waste listed in subpart D of this part was
listed. (However, nonwastewater mixtures are still subject to the
requirements of part 268 of this chapter, even if they no longer exhibit
a characteristic at the point of land disposal).
(iv) It is a mixture of solid waste and one or more hazardous wastes
listed in subpart D of this part and has not been excluded from
paragraph (a)(2) of this section under Secs. 260.20 and 260.22 of this
chapter; however, the following mixtures of solid wastes and hazardous
wastes listed in subpart D of this part are not hazardous wastes (except
by application of paragraph (a)(2) (i) or (ii) of this section) if the
generator can demonstrate that the mixture consists of wastewater the
discharge of which is subject to regulation under either section 402 or
section 307(b) of the Clean Water Act (including wastewater at
facilities which have eliminated the discharge of wastewater) and:
(A) One or more of the following solvents listed in Sec. 261.31--
carbon tetrachloride, tetrachloroethylene, trichloroethylene--Provided,
That the maximum total weekly usage of these solvents (other than the
amounts that can be demonstrated not to be discharged to wastewater)
divided by the average weekly flow of wastewater into the headworks of
the facility's wastewater treatment or pretreatment system does not
exceed 1 part per million; or
(B) One or more of the following spent solvents listed in
Sec. 261.31--methylene chloride, 1,1,1-trichloroethane, chlorobenzene,
o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl
ethyl ketone, carbon disulfide, isobutanol, pyridine, spent
chlorofluorocarbon solvents--provided that the maximum total weekly
usage of these solvents (other than the amounts that can be demonstrated
not to be discharged to wastewater) divided by the average weekly flow
of wastewater into the headworks of the facility's wastewater treatment
or pretreatment system does not exceed 25 parts per million; or
(C) One of the following wastes listed in Sec. 261.32, provided that
the wastes are discharged to the refinery oil recovery sewer before
primary oil/water/solids separation--heat exchanger bundle cleaning
sludge from the petroleum refining industry (EPA Hazardous Waste No.
K050), crude oil storage tank sediment from petroleum refining
operations (EPA Hazardous Waste No. K169), clarified slurry oil tank
sediment and/or in-line filter/separation solids from petroleum refining
operations (EPA Hazardous Waste No. K170), spent hydrotreating catalyst
(EPA Hazardous Waste No. K171), and spent hydrorefining catalyst (EPA
Hazardous Waste No. K172); or
(D) A discarded commercial chemical product, or chemical
intermediate listed in Sec. 261.33, arising from de minimis
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losses of these materials from manufacturing operations in which these
materials are used as raw materials or are produced in the manufacturing
process. For purposes of this paragraph (a)(2)(iv)(D), ``de minimis''
losses include those from normal material handling operations (e.g.,
spills from the unloading or transfer of materials from bins or other
containers, leaks from pipes, valves or other devices used to transfer
materials); minor leaks of process equipment, storage tanks or
containers; leaks from well maintained pump packings and seals; sample
purgings; relief device discharges; discharges from safety showers and
rinsing and cleaning of personal safety equipment; and rinstate from
empty containers or from containers that are rendered empty by that
rinsing; or
(E) Wastewater resulting from laboratory operations containing toxic
(T) wastes listed in subpart D of this part, Provided, That the
annualized average flow of laboratory wastewater does not exceed one
percent of total wastewater flow into the headworks of the facility's
wastewater treatment or pre-treatment system or provided the wastes,
combined annualized average concentration does not exceed one part per
million in the headworks of the facility's wastewater treatment or pre-
treatment facility. Toxic (T) wastes used in laboratories that are
demonstrated not to be discharged to wastewater are not to be included
in this calculation; or
(F) One or more of the following wastes listed in Sec. 261.32--
wastewaters from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K157)--Provided that the maximum weekly usage of
formaldehyde, methyl chloride, methylene chloride, and triethylamine
(including all amounts that can not be demonstrated to be reacted in the
process, destroyed through treatment, or is recovered, i.e., what is
discharged or volatilized) divided by the average weekly flow of process
wastewater prior to any dilutions into the headworks of the facility's
wastewater treatment system does not exceed a total of 5 parts per
million by weight; or
(G) Wastewaters derived from the treatment of one or more of the
following wastes listed in Sec. 261.32--organic waste (including heavy
ends, still bottoms, light ends, spent solvents, filtrates, and
decantates) from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K156).--Provided, that the maximum concentration of
formaldehyde, methyl chloride, methylene chloride, and triethylamine
prior to any dilutions into the headworks of the facility's wastewater
treatment system does not exceed a total of 5 milligrams per liter.
(v) Rebuttable presumption for used oil. Used oil containing more
than 1000 ppm total halogens is presumed to be a hazardous waste because
it has been mixed with halogenated hazardous waste listed in subpart D
of part 261 of this chapter. Persons may rebut this presumption by
demonstrating that the used oil does not contain hazardous waste (for
example, by using an analytical method from SW-846, Third Edition, to
show that the used oil does not contain significant concentrations of
halogenated hazardous constituents listed in appendix VIII of part 261
of this chapter). EPA Publication SW-846, Third Edition, is available
for the cost of $110.00 from the Government Printing Office,
Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954.
202-512-1800 (document number 955-001-00000-1).
(A) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through
a tolling agreement, to reclaim metalworking oils/fluids. The
presumption does apply to metalworking oils/fluids if such oils/fluids
are recycled in any other manner, or disposed.
(B) The rebuttable presumption does not apply to used oils
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration
units where the CFCs are destined for reclamation. The rebuttable
presumption does apply to used oils contaminated with CFCs that have
been mixed with used oil from sources other than refrigeration units.
(b) A solid waste which is not excluded from regulation under
paragraph (a)(1) of this section becomes a hazardous waste when any of
the following events occur:
[[Page 36]]
(1) In the case of a waste listed in subpart D of this part, when
the waste first meets the listing description set forth in subpart D of
this part.
(2) In the case of a mixture of solid waste and one or more listed
hazardous wastes, when a hazardous waste listed in subpart D is first
added to the solid waste.
(3) In the case of any other waste (including a waste mixture), when
the waste exhibits any of the characteristics identified in subpart C of
this part.
(c) Unless and until it meets the criteria of paragraph (d) of this
section:
(1) A hazardous waste will remain a hazardous waste.
(2)(i) Except as otherwise provided in paragraph (c)(2)(ii) of this
section, any solid waste generated from the treatment, storage, or
disposal of a hazardous waste, including any sludge, spill residue, ash,
emission control dust, or leachate (but not including precipitation run-
off) is a hazardous waste. (However, materials that are reclaimed from
solid wastes and that are used beneficially are not solid wastes and
hence are not hazardous wastes under this provision unless the reclaimed
material is burned for energy recovery or used in a manner constituting
disposal.)
(ii) The following solid wastes are not hazardous even though they
are generated from the treatment, storage, or disposal of a hazardous
waste, unless they exhibit one or more of the characteristics of
hazardous waste:
(A) Waste pickle liquor sludge generated by lime stabilization of
spent pickle liquor from the iron and steel industry (SIC Codes 331 and
332).
(B) Waste from burning any of the materials exempted from regulation
by Sec. 261.6(a)(3)(iii) and (iv).
(C)(1) Nonwastewater residues, such as slag, resulting from high
temperature metals recovery (HTMR) processing of K061, K062 or F006
waste, in units identified as rotary kilns, flame reactors, electric
furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/
electric furnace combinations or industrial furnaces (as defined in
paragraphs (6), (7), and (13) of the definition for ``Industrial
furnace'' in 40 CFR 260.10), that are disposed in subtitle D units,
provided that these residues meet the generic exclusion levels
identified in the tables in this paragraph for all constituents, and
exhibit no characteristics of hazardous waste. Testing requirements must
be incorporated in a facility's waste analysis plan or a generator's
self-implementing waste analysis plan; at a minimum, composite samples
of residues must be collected and analyzed quarterly and/or when the
process or operation generating the waste changes. Persons claiming this
exclusion in an enforcement action will have the burden of proving by
clear and convincing evidence that the material meets all of the
exclusion requirements.
------------------------------------------------------------------------
Maximum for any
single
Constituent composite
sample--TCLP
(mg/l)
------------------------------------------------------------------------
Generic exclusion levels for K061 and K062 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony............................................... 0.10
Arsenic................................................ 0.50
Barium................................................. 7.6
Beryllium.............................................. 0.010
Cadmium................................................ 0.050
Chromium (total)....................................... 0.33
Lead................................................... 0.15
Mercury................................................ 0.009
Nickel................................................. 1.0
Selenium............................................... 0.16
Silver................................................. 0.30
Thallium............................................... 0.020
Zinc................................................... 70
------------------------------------------------------------------------
Generic exclusion levels for F006 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony............................................... 0.10
Arsenic................................................ 0.50
Barium................................................. 7.6
Beryllium.............................................. 0.010
Cadmium................................................ 0.050
Chromium (total)....................................... 0.33
Cyanide (total) (mg/kg)................................ 1.8
Lead................................................... 0.15
Mercury................................................ 0.009
Nickel................................................. 1.0
Selenium............................................... 0.16
Silver................................................. 0.30
Thallium............................................... 0.020
Zinc................................................... 70
------------------------------------------------------------------------
(2) A one-time notification and certification must be placed in the
facility's files and sent to the EPA region or authorized state for
K061, K062 or F006 HTMR residues that meet the generic exclusion levels
for all constituents and do not exhibit any characteristics that are
sent to subtitle D units. The notification and certification that is
placed in the generators or treaters
[[Page 37]]
files must be updated if the process or operation generating the waste
changes and/or if the subtitle D unit receiving the waste changes.
However, the generator or treater need only notify the EPA region or an
authorized state on an annual basis if such changes occur. Such
notification and certification should be sent to the EPA region or
authorized state by the end of the calendar year, but no later than
December 31. The notification must include the following information:
The name and address of the subtitle D unit receiving the waste
shipments; the EPA Hazardous Waste Number(s) and treatability group(s)
at the initial point of generation; and, the treatment standards
applicable to the waste at the initial point of generation. The
certification must be signed by an authorized representative and must
state as follows: ``I certify under penalty of law that the generic
exclusion levels for all constituents have been met without
impermissible dilution and that no characteristic of hazardous waste is
exhibited. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment.''
(D) Biological treatment sludge from the treatment of one of the
following wastes listed in Sec. 261.32--organic waste (including heavy
ends, still bottoms, light ends, spent solvents, filtrates, and
decantates) from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K156), and wastewaters from the production of
carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).
(E) Catalyst inert support media separated from one of the following
wastes listed in Sec. 261.32--Spent hydrotreating catalyst (EPA
Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA
Hazardous Waste No. K172).
(d) Any solid waste described in paragraph (c) of this section is
not a hazardous waste if it meets the following criteria:
(1) In the case of any solid waste, it does not exhibit any of the
characteristics of hazardous waste identified in subpart C of this part.
(However, wastes that exhibit a characteristic at the point of
generation may still be subject to the requirements of part 268, even if
they no longer exhibit a characteristic at the point of land disposal.)
(2) In the case of a waste which is a listed waste under subpart D
of this part, contains a waste listed under subpart D of this part or is
derived from a waste listed in subpart D of this part, it also has been
excluded from paragraph (c) of this section under Secs. 260.20 and
260.22 of this chapter.
(e) [Reserved]
(f) Notwithstanding paragraphs (a) through (d) of this section and
provided the debris as defined in part 268 of this chapter does not
exhibit a characteristic identified at subpart C of this part, the
following materials are not subject to regulation under 40 CFR parts
260, 261 to 266, 268, or 270:
(1) Hazardous debris as defined in part 268 of this chapter that has
been treated using one of the required extraction or destruction
technologies specified in Table 1 of Sec. 268.45 of this chapter;
persons claiming this exclusion in an enforcement action will have the
burden of proving by clear and convincing evidence that the material
meets all of the exclusion requirements; or
(2) Debris as defined in part 268 of this chapter that the Regional
Administrator, considering the extent of contamination, has determined
is no longer contaminated with hazardous waste.
[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57
FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct.
30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995; 63 FR
28637, May 26, 1998; 63 FR 42184, Aug. 6, 1998]
Sec. 261.4 Exclusions.
(a) Materials which are not solid wastes. The following materials
are not solid wastes for the purpose of this part:
(1)(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other wastes that passes
through a sewer system to a publicly-owned treatment works for
treatment. ``Domestic sewage'' means untreated sanitary wastes that pass
through a sewer system.
[[Page 38]]
(2) Industrial wastewater discharges that are point source
discharges subject to regulation under section 402 of the Clean Water
Act, as amended.
[Comment: This exclusion applies only to the actual point source
discharge. It does not exclude industrial wastewaters while they are
being collected, stored or treated before discharge, nor does it exclude
sludges that are generated by industrial wastewater treatment.]
(3) Irrigation return flows.
(4) Source, special nuclear or by-product material as defined by the
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.
(5) Materials subjected to in-situ mining techniques which are not
removed from the ground as part of the extraction process.
(6) Pulping liquors (i.e., black liquor) that are reclaimed in a
pulping liquor recovery furnace and then reused in the pulping process,
unless it is accumulated speculatively as defined in Sec. 261.1(c) of
this chapter.
(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless
it is accumulated speculatively as defined in Sec. 261.1(c) of this
chapter.
(8) Secondary materials that are reclaimed and returned to the
original process or processes in which they were generated where they
are reused in the production process provided:
(i) Only tank storage is involved, and the entire process through
completion of reclamation is closed by being entirely connected with
pipes or other comparable enclosed means of conveyance;
(ii) Reclamation does not involve controlled flame combustion (such
as occurs in boilers, industrial furnaces, or incinerators);
(iii) The secondary materials are never accumulated in such tanks
for over twelve months without being reclaimed; and
(iv) The reclaimed material is not used to produce a fuel, or used
to produce products that are used in a manner constituting disposal.
(9)(i) Spent wood preserving solutions that have been reclaimed and
are reused for their original intended purpose; and
(ii) Wastewaters from the wood preserving process that have been
reclaimed and are reused to treat wood.
(iii) Prior to reuse, the wood preserving wastewaters and spent wood
preserving solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of
this section, so long as they meet all of the following conditions:
(A) The wood preserving wastewaters and spent wood preserving
solutions are reused on-site at water borne plants in the production
process for their original intended purpose;
(B) Prior to reuse, the wastewaters and spent wood preserving
solutions are managed to prevent release to either land or groundwater
or both;
(C) Any unit used to manage wastewaters and/or spent wood preserving
solutions prior to reuse can be visually or otherwise determined to
prevent such releases;
(D) Any drip pad used to manage the wastewaters and/or spent wood
preserving solutions prior to reuse complies with the standards in part
265, subpart W of this chapter, regardless of whether the plant
generates a total of less than 100 kg/month of hazardous waste; and
(E) Prior to operating pursuant to this exclusion, the plant owner
or operator submits to the appropriate Regional Administrator or State
Director a one-time notification stating that the plant intends to claim
the exclusion, giving the date on which the plant intends to begin
operating under the exclusion, and containing the following language:
``I have read the applicable regulation establishing an exclusion for
wood preserving wastewaters and spent wood preserving solutions and
understand it requires me to comply at all times with the conditions set
out in the regulation.'' The plant must maintain a copy of that document
in its on-site records for a period of no less than 3 years from the
date specified in the notice. The exclusion applies only so long as the
plant meets all of the conditions. If the plant goes out of compliance
with any condition, it may apply to the appropriate Regional
Administrator or State Director for reinstatement. The Regional
Administrator or State Director may reinstate the exclusion upon finding
that the plant has returned to compliance with all conditions and that
violations are not likely to recur.
[[Page 39]]
(10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144,
K145, K147, and K148, and any wastes from the coke by-products processes
that are hazardous only because they exhibit the Toxicity Characteristic
(TC) specified in section 261.24 of this part when, subsequent to
generation, these materials are recycled to coke ovens, to the tar
recovery process as a feedstock to produce coal tar, or mixed with coal
tar prior to the tar's sale or refining. This exclusion is conditioned
on there being no land disposal of the wastes from the point they are
generated to the point they are recycled to coke ovens or tar recovery
or refining processes, or mixed with coal tar.
(11) Nonwastewater splash condenser dross residue from the treatment
of K061 in high temperature metals recovery units, provided it is
shipped in drums (if shipped) and not land disposed before recovery.
(12) (i) Oil-bearing hazardous secondary materials (i.e., sludges,
byproducts, or spent materials) that are generated at a petroleum
refinery (SIC code 2911) and are inserted into the petroleum refining
process (SIC code 2911--including, but not limited to, distillation,
catalytic cracking, fractionation, or thermal cracking units (i.e.,
cokers)) unless the material is placed on the land, or speculatively
accumulated before being so recycled. Materials inserted into thermal
cracking units are excluded under this paragraph, provided that the coke
product also does not exhibit a characteristic of hazardous waste. Oil-
bearing hazardous secondary materials may be inserted into the same
petroleum refinery where they are generated, or sent directly to another
petroleum refinery, and still be excluded under this provision. Except
as provided in paragraph (a)(12)(ii) of this section, oil-bearing
hazardous secondary materials generated elsewhere in the petroleum
industry (i.e., from sources other than petroleum refineries) are not
excluded under this section. Residuals generated from processing or
recycling materials excluded under this paragraph (a)(12)(i), where such
materials as generated would have otherwise met a listing under subpart
D of this part, are designated as F037 listed wastes when disposed of or
intended for disposal.
(ii) Recovered oil that is recycled in the same manner and with the
same conditions as described in paragraph (a)(12)(i) of this section.
Recovered oil is oil that has been reclaimed from secondary materials
(including wastewater) generated from normal petroleum industry
practices, including refining, exploration and production, bulk storage,
and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382,
1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil
does not include oil-bearing hazardous wastes listed in subpart D of
this part; however, oil recovered from such wastes may be considered
recovered oil. Recovered oil does not include used oil as defined in 40
CFR 279.1.
(13) Excluded scrap metal (processed scrap metal, unprocessed home
scrap metal, and unprocessed prompt scrap metal) being recycled.
(14) Shredded circuit boards being recycled provided that they are:
(i) Stored in containers sufficient to prevent a release to the
environment prior to recovery; and
(ii) Free of mercury switches, mercury relays and nickel-cadmium
batteries and lithium batteries.
(15) Condensates derived from the overhead gases from kraft mill
steam strippers that are used to comply with 40 CFR 63.446(e). The
exemption applies only to combustion at the mill generating the
condensates.
(16) Comparable fuels or comparable syngas fuels (i.e., comparable/
syngas fuels) that meet the requirements of Sec. 261.38.
(17) Secondary materials (i.e., sludges, by-products, and spent
materials as defined in Sec. 261.1) (other than hazardous wastes listed
in subpart D of this part) generated within the primary mineral
processing industry from which minerals, acids, cyanide, water or other
values are recovered by mineral processing or by beneficiation, provided
that:
(i) The secondary material is legitimately recycled to recover
minerals, acids, cyanide, water or other values;
(ii) The secondary material is not accumulated speculatively;
[[Page 40]]
(iii) Except as provided in paragraph (a)(15)(iv) of this section,
the secondary material is stored in tanks, containers, or buildings
meeting the following minimum integrity standards: a building must be an
engineered structure with a floor, walls, and a roof all of which are
made of non-earthen materials providing structural support (except
smelter buildings may have partially earthen floors provided the
secondary material is stored on the non-earthen portion), and have a
roof suitable for diverting rainwater away from the foundation; a tank
must be free standing, not be a surface impoundment (as defined in 40
CFR 260.10), and be manufactured of a material suitable for containment
of its contents; a container must be free standing and be manufactured
of a material suitable for containment of its contents. If tanks or
containers contain any particulate which may be subject to wind
dispersal, the owner/operator must operate these units in a manner which
controls fugitive dust. Tanks, containers, and buildings must be
designed, constructed and operated to prevent significant releases to
the environment of these materials.
(iv) The Regional Administrator or the State Director may make a
site-specific determination, after public review and comment, that only
solid mineral processing secondary materials may be placed on pads,
rather than in tanks, containers, or buildings. Solid mineral processing
secondary materials do not contain any free liquid. The decision-maker
must affirm that pads are designed, constructed and operated to prevent
significant releases of the secondary material into the environment.
Pads must provide the same degree of containment afforded by the non-
RCRA tanks, containers and buildings eligible for exclusion.
(A) The decision-maker must also consider if storage on pads poses
the potential for significant releases via groundwater, surface water,
and air exposure pathways. Factors to be considered for assessing the
groundwater, surface water, air exposure pathways are: the volume and
physical and chemical properties of the secondary material, including
its potential for migration off the pad; the potential for human or
environmental exposure to hazardous constituents migrating from the pad
via each exposure pathway, and the possibility and extent of harm to
human and environmental receptors via each exposure pathway.
(B) Pads must meet the following minimum standards: be designed of
non-earthen material that is compatible with the chemical nature of the
mineral processing secondary material, capable of withstanding physical
stresses associated with placement and removal, have run on/runoff
controls, be operated in a manner which controls fugitive dust, and have
integrity assurance through inspections and maintenance programs.
(C) Before making a determination under this paragraph, the Regional
Administrator or State Director must provide notice and the opportunity
for comment to all persons potentially interested in the determination.
This can be accomplished by placing notice of this action in major local
newspapers, or broadcasting notice over local radio stations.
(v) The owner or operator provides a notice to the Regional
Administrator or State Director, identifying the following information:
the types of materials to be recycled; the type and location of the
storage units and recycling processes; and the annual quantities
expected to be placed in non land-based units. This notification must be
updated when there is a change in the type of materials recycled or the
location of the recycling process.
(vi) For purposes of Sec. 261.4(b)(7), mineral processing secondary
materials must be the result of mineral processing and may not include
any listed hazardous wastes. Listed hazardous wastes and characteristic
hazardous wastes generated by non-mineral processing industries are not
eligible for the conditional exclusion from the definition of solid
waste.
(18) Petrochemical recovered oil from an associated organic chemical
manufacturing facility, where the oil is to be inserted into the
petroleum refining process (SIC code 2911) along with normal petroleum
refinery process streams, provided:
[[Page 41]]
(i) The oil is hazardous only because it exhibits the characteristic
of ignitability (as defined in Sec. 261.21) and/or toxicity for benzene
(Sec. 261.24, waste code D018); and
(ii) The oil generated by the organic chemical manufacturing
facility is not placed on the land, or speculatively accumulated before
being recycled into the petroleum refining process. An ``associated
organic chemical manufacturing facility'' is a facility where the
primary SIC code is 2869, but where operations may also include SIC
codes 2821, 2822, and 2865; and is physically co-located with a
petroleum refinery; and where the petroleum refinery to which the oil
being recycled is returned also provides hydrocarbon feedstocks to the
organic chemical manufacturing facility. ``Petrochemical recovered oil''
is oil that has been reclaimed from secondary materials (i.e., sludges,
byproducts, or spent materials, including wastewater) from normal
organic chemical manufacturing operations, as well as oil recovered from
organic chemical manufacturing processes.
(19) Spent caustic solutions from petroleum refining liquid treating
processes used as a feedstock to produce cresylic or naphthenic acid
unless the material is placed on the land, or accumulated speculatively
as defined in Sec. 261.1(c).
(b) Solid wastes which are not hazardous wastes. The following solid
wastes are not hazardous wastes:
(1) Household waste, including household waste that has been
collected, transported, stored, treated, disposed, recovered (e.g.,
refuse-derived fuel) or reused. ``Household waste'' means any material
(including garbage, trash and sanitary wastes in septic tanks) derived
from households (including single and multiple residences, hotels and
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds and day-use recreation areas). A resource recovery facility
managing municipal solid waste shall not be deemed to be treating,
storing, disposing of, or otherwise managing hazardous wastes for the
purposes of regulation under this subtitle, if such facility:
(i) Receives and burns only
(A) Household waste (from single and multiple dwellings, hotels,
motels, and other residential sources) and
(B) Solid waste from commercial or industrial sources that does not
contain hazardous waste; and
(ii) Such facility does not accept hazardous wastes and the owner or
operator of such facility has established contractual requirements or
other appropriate notification or inspection procedures to assure that
hazardous wastes are not received at or burned in such facility.
(2) Solid wastes generated by any of the following and which are
returned to the soils as fertilizers:
(i) The growing and harvesting of agricultural crops.
(ii) The raising of animals, including animal manures.
(3) Mining overburden returned to the mine site.
(4) Fly ash waste, bottom ash waste, slag waste, and flue gas
emission control waste, generated primarily from the combusion of coal
or other fossil fuels, except as provided by Sec. 266.112 of this
chapter for facilities that burn or process hazardous waste.
(5) Drilling fluids, produced waters, and other wastes associated
with the exploration, development, or production of crude oil, natural
gas or geothermal energy.
(6)(i) Wastes which fail the test for the Toxicity Characteristic
because chromium is present or are listed in subpart D due to the
presence of chromium, which do not fail the test for the Toxicity
Characteristic for any other constituent or are not listed due to the
presence of any other constituent, and which do not fail the test for
any other characteristic, if it is shown by a waste generator or by
waste generators that:
(A) The chromium in the waste is exclusively (or nearly exclusively)
trivalent chromium; and
(B) The waste is generated from an industrial process which uses
trivalent chromium exlcusively (or nearly exclusively) and the process
does not generate hexavalent chromium; and
(C) The waste is typically and frequently managed in non-oxidizing
environments.
[[Page 42]]
(ii) Specific waste which meet the standard in paragraphs (b)(6)(i)
(A), (B), and (C) (so long as they do not fail the test for the toxicity
characteristic for any other constituent, and do not exhibit any other
characteristic) are:
(A) Chrome (blue) trimmings generated by the following subcategories
of the leather tanning and finishing industry; hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue; and shearling.
(B) Chrome (blue) shavings generated by the following subcategories
of the leather tanning and finishing industry: Hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue; and shearling.
(C) Buffing dust generated by the following subcategories of the
leather tanning and finishing industry; hair pulp/chrome tan/retan/wet
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no
beamhouse; through-the-blue.
(D) Sewer screenings generated by the following subcategories of the
leather tanning and finishing industry: Hair pulp/crome tan/retan/wet
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no
beamhouse; through-the-blue; and shearling.
(E) Wastewater treatment sludges generated by the following
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(F) Wastewater treatment sludes generated by the following
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrometan/retan/wet finish; and
through-the-blue.
(G) Waste scrap leather from the leather tanning industry, the shoe
manufacturing industry, and other leather product manufacturing
industries.
(H) Wastewater treatment sludges from the production of TiO2
pigment using chromium-bearing ores by the chloride process.
(7) Solid waste from the extraction, beneficiation, and processing
of ores and minerals (including coal, phosphate rock, and overburden
from the mining of uranium ore), except as provided by Sec. 266.112 of
this chapter for facilities that burn or process hazardous waste.
(i) For purposes of Sec. 261.4(b)(7) beneficiation of ores and
minerals is restricted to the following activities; crushing; grinding;
washing; dissolution; crystallization; filtration; sorting; sizing;
drying; sintering; pelletizing; briquetting; calcining to remove water
and/or carbon dioxide; roasting, autoclaving, and/or chlorination in
preparation for leaching (except where the roasting (and/or autoclaving
and/or chlorination)/leaching sequence produces a final or intermediate
product that does not undergo further beneficiation or processing);
gravity concentration; magnetic separation; electrostatic separation;
flotation; ion exchange; solvent extraction; electrowinning;
precipitation; amalgamation; and heap, dump, vat, tank, and in situ
leaching.
(ii) For the purposes of Sec. 261.4(b)(7), solid waste from the
processing of ores and minerals includes only the following wastes as
generated:
(A) Slag from primary copper processing;
(B) Slag from primary lead processing;
(C) Red and brown muds from bauxite refining;
(D) Phosphogypsum from phosphoric acid production;
(E) Slag from elemental phosphorus production;
(F) Gasifier ash from coal gasification;
(G) Process wastewater from coal gasification;
(H) Calcium sulfate wastewater treatment plant sludge from primary
copper processing;
(I) Slag tailings from primary copper processing;
(J) Fluorogypsum from hydrofluoric acid production;
(K) Process wastewater from hydrofluoric acid production;
(L) Air pollution control dust/sludge from iron blast furnaces;
(M) Iron blast furnace slag;
(N) Treated residue from roasting/leaching of chrome ore;
[[Page 43]]
(O) Process wastewater from primary magnesium processing by the
anhydrous process;
(P) Process wastewater from phosphoric acid production;
(Q) Basic oxygen furnace and open hearth furnace air pollution
control dust/sludge from carbon steel production;
(R) Basic oxygen furnace and open hearth furnace slag from carbon
steel production;
(S ) Chloride process waste solids from titanium tetrachloride
production;
(T) Slag from primary zinc processing.
(iii) A residue derived from co-processing mineral processing
secondary materials with normal beneficiation raw materials or with
normal mineral processing raw materials remains excluded under paragraph
(b) of this section if the owner or operator:
(A) Processes at least 50 percent by weight normal beneficiation raw
materials or normal mineral processing raw materials; and,
(B) Legitimately reclaims the secondary mineral processing
materials.
(8) Cement kiln dust waste, except as provided by Sec. 266.112 of
this chapter for facilities that burn or process hazardous waste.
(9) Solid waste which consists of discarded arsenical-treated wood
or wood products which fails the test for the Toxicity Characteristic
for Hazardous Waste Codes D004 through D017 and which is not a hazardous
waste for any other reason if the waste is generated by persons who
utilize the arsenical-treated wood and wood product for these materials'
intended end use.
(10) Petroleum-contaminated media and debris that fail the test for
the Toxicity Characteristic of Sec. 261.24 (Hazardous Waste Codes D018
through D043 only) and are subject to the corrective action regulations
under part 280 of this chapter.
(11) Injected groundwater that is hazardous only because it exhibits
the Toxicity Characteristic (Hazardous Waste Codes D018 through D043
only) in Sec. 261.24 of this part that is reinjected through an
underground injection well pursuant to free phase hydrocarbon recovery
operations undertaken at petroleum refineries, petroleum marketing
terminals, petroleum bulk plants, petroleum pipelines, and petroleum
transportation spill sites until January 25, 1993. This extension
applies to recovery operations in existence, or for which contracts have
been issued, on or before March 25, 1991. For groundwater returned
through infiltration galleries from such operations at petroleum
refineries, marketing terminals, and bulk plants, until [insert date six
months after publication]. New operations involving injection wells
(beginning after March 25, 1991) will qualify for this compliance date
extension (until January 25, 1993) only if:
(i) Operations are performed pursuant to a written state agreement
that includes a provision to assess the groundwater and the need for
further remediation once the free phase recovery is completed; and
(ii) A copy of the written agreement has been submitted to:
Characteristics Section (OS-333), U.S. Environmental Protection Agency,
401 M Street, SW., Washington, DC 20460.
(12) Used chlorofluorocarbon refrigerants from totally enclosed heat
transfer equipment, including mobile air conditioning systems, mobile
refrigeration, and commercial and industrial air conditioning and
refrigeration systems that use chlorofluorocarbons as the heat transfer
fluid in a refrigeration cycle, provided the refrigerant is reclaimed
for further use.
(13) Non-terne plated used oil filters that are not mixed with
wastes listed in subpart D of this part if these oil filters have been
gravity hot-drained using one of the following methods:
(i) Puncturing the filter anti-drain back valve or the filter dome
end and hot-draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining; or
(iv) Any other equivalent hot-draining method that will remove used
oil.
(14) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
(15) Leachate or gas condensate collected from landfills where
certain solid wastes have been disposed, provided that:
[[Page 44]]
(i) The solid wastes disposed would meet one or more of the listing
descriptions for Hazardous Waste Codes K169, K170, K171, and K172 if
these wastes had been generated after the effective date of the listing
(February 8, 1999);
(ii) The solid wastes described in paragraph (b)(15)(i) of this
section were disposed prior to the effective date of the listing;
(iii) The leachate or gas condensate do not exhibit any
characteristic of hazardous waste nor are derived from any other listed
hazardous waste;
(iv) Discharge of the leachate or gas condensate, including leachate
or gas condensate transferred from the landfill to a POTW by truck,
rail, or dedicated pipe, is subject to regulation under sections 307(b)
or 402 of the Clean Water Act.
(v) After February 13, 2001, leachate or gas condensate will no
longer be exempt if it is stored or managed in a surface impoundment
prior to discharge. There is one exception: if the surface impoundment
is used to temporarily store leachate or gas condensate in response to
an emergency situation (e.g., shutdown of wastewater treatment system),
provided the impoundment has a double liner, and provided the leachate
or gas condensate is removed from the impoundment and continues to be
managed in compliance with the conditions of this paragraph after the
emergency ends.
(c) Hazardous wastes which are exempted from certain regulations. A
hazardous waste which is generated in a product or raw material storage
tank, a product or raw material transport vehicle or vessel, a product
or raw material pipeline, or in a manufacturing process unit or an
associated non-waste-treatment-manufacturing unit, is not subject to
regulation under parts 262 through 265, 268, 270, 271 and 124 of this
chapter or to the notification requirements of section 3010 of RCRA
until it exits the unit in which it was generated, unless the unit is a
surface impoundment, or unless the hazardous waste remains in the unit
more than 90 days after the unit ceases to be operated for
manufacturing, or for storage or transportation of product or raw
materials.
(d) Samples. (1) Except as provided in paragraph (d)(2) of this
section, a sample of solid waste or a sample of water, soil, or air,
which is collected for the sole purpose of testing to determine its
characteristics or composition, is not subject to any requirements of
this part or parts 262 through 268 or part 270 or part 124 of this
chapter or to the notification requirements of section 3010 of RCRA,
when:
(i) The sample is being transported to a laboratory for the purpose
of testing; or
(ii) The sample is being transported back to the sample collector
after testing; or
(iii) The sample is being stored by the sample collector before
transport to a laboratory for testing; or
(iv) The sample is being stored in a laboratory before testing; or
(v) The sample is being stored in a laboratory after testing but
before it is returned to the sample collector; or
(vi) The sample is being stored temporarily in the laboratory after
testing for a specific purpose (for example, until conclusion of a court
case or enforcement action where further testing of the sample may be
necessary).
(2) In order to qualify for the exemption in paragraphs (d)(1) (i)
and (ii) of this section, a sample collector shipping samples to a
laboratory and a laboratory returning samples to a sample collector
must:
(i) Comply with U.S. Department of Transportation (DOT), U.S. Postal
Service (USPS), or any other applicable shipping requirements; or
(ii) Comply with the following requirements if the sample collector
determines that DOT, USPS, or other shipping requirements do not apply
to the shipment of the sample:
(A) Assure that the following information accompanies the sample:
(1) The sample collector's name, mailing address, and telephone
number;
(2) The laboratory's name, mailing address, and telephone number;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample.
(B) Package the sample so that it does not leak, spill, or vaporize
from its packaging.
[[Page 45]]
(3) This exemption does not apply if the laboratory determines that
the waste is hazardous but the laboratory is no longer meeting any of
the conditions stated in paragraph (d)(1) of this section.
(e) Treatability Study Samples. (1) Except as provided in paragraph
(e)(2) of this section, persons who generate or collect samples for the
purpose of conducting treatability studies as defined in section 260.10,
are not subject to any requirement of parts 261 through 263 of this
chapter or to the notification requirements of Section 3010 of RCRA, nor
are such samples included in the quantity determinations of Sec. 261.5
and Sec. 262.34(d) when:
(i) The sample is being collected and prepared for transportation by
the generator or sample collector; or
(ii) The sample is being accumulated or stored by the generator or
sample collector prior to transportation to a laboratory or testing
facility; or
(iii) The sample is being transported to the laboratory or testing
facility for the purpose of conducting a treatability study.
(2) The exemption in paragraph (e)(1) of this section is applicable
to samples of hazardous waste being collected and shipped for the
purpose of conducting treatability studies provided that:
(i) The generator or sample collector uses (in ``treatability
studies'') no more than 10,000 kg of media contaminated with non-acute
hazardous waste, 1000 kg of non-acute hazardous waste other than
contaminated media, 1 kg of acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste for each process being evaluated
for each generated waste stream; and
(ii) The mass of each sample shipment does not exceed 10,000 kg; the
10,000 kg quantity may be all media contaminated with non-acute
hazardous waste, or may include 2500 kg of media contaminated with acute
hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous
waste; and
(iii) The sample must be packaged so that it will not leak, spill,
or vaporize from its packaging during shipment and the requirements of
paragraph A or B of this subparagraph are met.
(A) The transportation of each sample shipment complies with U.S.
Department of Transportation (DOT), U.S. Postal Service (USPS), or any
other applicable shipping requirements; or
(B) If the DOT, USPS, or other shipping requirements do not apply to
the shipment of the sample, the following information must accompany the
sample:
(1) The name, mailing address, and telephone number of the
originator of the sample;
(2) The name, address, and telephone number of the facility that
will perform the treatability study;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample, including its EPA Hazardous Waste
Number.
(iv) The sample is shipped to a laboratory or testing facility which
is exempt under Sec. 261.4(f) or has an appropriate RCRA permit or
interim status.
(v) The generator or sample collector maintains the following
records for a period ending 3 years after completion of the treatability
study:
(A) Copies of the shipping documents;
(B) A copy of the contract with the facility conducting the
treatability study;
(C) Documentation showing:
(1) The amount of waste shipped under this exemption;
(2) The name, address, and EPA identification number of the
laboratory or testing facility that received the waste;
(3) The date the shipment was made; and
(4) Whether or not unused samples and residues were returned to the
generator.
(vi) The generator reports the information required under paragraph
(e)(v)(C) of this section in its biennial report.
(3) The Regional Administrator may grant requests on a case-by-case
basis for up to an additional two years for treatability studies
involving bioremediation. The Regional Administrator may grant requests
on a case-by-case basis for quantity limits in excess of those specified
in paragraphs
[[Page 46]]
(e)(2) (i) and (ii) and (f)(4) of this section, for up to an additional
5000 kg of media contaminated with non-acute hazardous waste, 500 kg of
non-acute hazardous waste, 2500 kg of media contaminated with acute
hazardous waste and 1 kg of acute hazardous waste:
(i) In response to requests for authorization to ship, store and
conduct treatabilty studies on additional quantities in advance of
commencing treatability studies. Factors to be considered in reviewing
such requests include the nature of the technology, the type of process
(e.g., batch versus continuous), size of the unit undergoing testing
(particularly in relation to scale-up considerations), the time/quantity
of material required to reach steady state operating conditions, or test
design considerations such as mass balance calculations.
(ii) In response to requests for authorization to ship, store and
conduct treatability studies on additional quantities after initiation
or completion of initial treatability studies, when: There has been an
equipment or mechanical failure during the conduct of a treatability
study; there is a need to verify the results of a previously conducted
treatability study; there is a need to study and analyze alternative
techniques within a previously evaluated treatment process; or there is
a need to do further evaluation of an ongoing treatability study to
determine final specifications for treatment.
(iii) The additional quantities and timeframes allowed in paragraph
(e)(3) (i) and (ii) of this section are subject to all the provisions in
paragraphs (e) (1) and (e)(2) (iii) through (vi) of this section. The
generator or sample collector must apply to the Regional Administrator
in the Region where the sample is collected and provide in writing the
following information:
(A) The reason why the generator or sample collector requires
additional time or quantity of sample for treatability study evaluation
and the additional time or quantity needed;
(B) Documentation accounting for all samples of hazardous waste from
the waste stream which have been sent for or undergone treatability
studies including the date each previous sample from the waste stream
was shipped, the quantity of each previous shipment, the laboratory or
testing facility to which it was shipped, what treatability study
processes were conducted on each sample shipped, and the available
results on each treatability study;
(C) A description of the technical modifications or change in
specifications which will be evaluated and the expected results;
(D) If such further study is being required due to equipment or
mechanical failure, the applicant must include information regarding the
reason for the failure or breakdown and also include what procedures or
equipment improvements have been made to protect against further
breakdowns; and
(E) Such other information that the Regional Administrator considers
necessary.
(f) Samples Undergoing Treatability Studies at Laboratories and
Testing Facilities. Samples undergoing treatability studies and the
laboratory or testing facility conducting such treatability studies (to
the extent such facilities are not otherwise subject to RCRA
requirements) are not subject to any requirement of this part, part 124,
parts 262-266, 268, and 270, or to the notification requirements of
Section 3010 of RCRA provided that the conditions of paragraphs (f) (1)
through (11) of this section are met. A mobile treatment unit (MTU) may
qualify as a testing facility subject to paragraphs (f) (1) through (11)
of this section. Where a group of MTUs are located at the same site, the
limitations specified in (f) (1) through (11) of this section apply to
the entire group of MTUs collectively as if the group were one MTU.
(1) No less than 45 days before conducting treatability studies, the
facility notifies the Regional Administrator, or State Director (if
located in an authorized State), in writing that it intends to conduct
treatability studies under this paragraph.
(2) The laboratory or testing facility conducting the treatability
study has an EPA identification number.
(3) No more than a total of 10,000 kg of ``as received'' media
contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste or 250 kg of other ``as
received'' hazardous waste is subject to
[[Page 47]]
initiation of treatment in all treatability studies in any single day.
``As received'' waste refers to the waste as received in the shipment
from the generator or sample collector.
(4) The quantity of ``as received'' hazardous waste stored at the
facility for the purpose of evaluation in treatability studies does not
exceed 10,000 kg, the total of which can include 10,000 kg of media
contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste, 1000 kg of non-acute hazardous
wastes other than contaminated media, and 1 kg of acute hazardous waste.
This quantity limitation does not include treatment materials (including
nonhazardous solid waste) added to ``as received'' hazardous waste.
(5) No more than 90 days have elapsed since the treatability study
for the sample was completed, or no more than one year (two years for
treatability studies involving bioremediation) have elapsed since the
generator or sample collector shipped the sample to the laboratory or
testing facility, whichever date first occurs. Up to 500 kg of treated
material from a particular waste stream from treatability studies may be
archived for future evaluation up to five years from the date of initial
receipt. Quantities of materials archived are counted against the total
storage limit for the facility.
(6) The treatability study does not involve the placement of
hazardous waste on the land or open burning of hazardous waste.
(7) The facility maintains records for 3 years following completion
of each study that show compliance with the treatment rate limits and
the storage time and quantity limits. The following specific information
must be included for each treatability study conducted:
(i) The name, address, and EPA identification number of the
generator or sample collector of each waste sample;
(ii) The date the shipment was received;
(iii) The quantity of waste accepted;
(iv) The quantity of ``as received'' waste in storage each day;
(v) The date the treatment study was initiated and the amount of
``as received'' waste introduced to treatment each day;
(vi) The date the treatability study was concluded;
(vii) The date any unused sample or residues generated from the
treatability study were returned to the generator or sample collector
or, if sent to a designated facility, the name of the facility and the
EPA identification number.
(8) The facility keeps, on-site, a copy of the treatability study
contract and all shipping papers associated with the transport of
treatability study samples to and from the facility for a period ending
3 years from the completion date of each treatability study.
(9) The facility prepares and submits a report to the Regional
Administrator, or State Director (if located in an authorized State), by
March 15 of each year that estimates the number of studies and the
amount of waste expected to be used in treatability studies during the
current year, and includes the following information for the previous
calendar year:
(i) The name, address, and EPA identification number of the facility
conducting the treatability studies;
(ii) The types (by process) of treatability studies conducted;
(iii) The names and addresses of persons for whom studies have been
conducted (including their EPA identification numbers);
(iv) The total quantity of waste in storage each day;
(v) The quantity and types of waste subjected to treatability
studies;
(vi) When each treatability study was conducted;
(vii) The final disposition of residues and unused sample from each
treatability study.
(10) The facility determines whether any unused sample or residues
generated by the treatability study are hazardous waste under Sec. 261.3
and, if so, are subject to parts 261 through 268, and part 270 of this
chapter, unless the residues and unused samples are returned to the
sample originator under the Sec. 261.4(e) exemption.
(11) The facility notifies the Regional Administrator, or State
Director (if located in an authorized State), by letter when the
facility is no longer planning
[[Page 48]]
to conduct any treatability studies at the site.
(g) Dredged material that is not a hazardous waste. Dredged material
that is subject to the requirements of a permit that has been issued
under 404 of the Federal Water Pollution Control Act (33 U.S.C.1344) or
section 103 of the Marine Protection, Research, and Sanctuaries Act of
1972 (33 U.S.C. 1413) is not a hazardous waste. For this paragraph (g),
the following definitions apply:
(1) The term dredged material has the same meaning as defined in 40
CFR 232.2;
(2) The term permit means:
(i) A permit issued by the U.S. Army Corps of Engineers (Corps) or
an approved State under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344);
(ii) A permit issued by the Corps under section 103 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or
(iii) In the case of Corps civil works projects, the administrative
equivalent of the permits referred to in paragraphs (g)(2)(i) and (ii)
of this section, as provided for in Corps regulations (for example, see
33 CFR 336.1, 336.2, and 337.6).
[45 FR 33119, May 19, 1980]
Editorial Note: For Federal Register citations affecting Sec. 261.4,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
Sec. 261.5 Special requirements for hazardous waste generated by conditionally
exempt small quantity generators.
(a) A generator is a conditionally exempt small quantity generator
in a calendar month if he generates no more than 100 kilograms of
hazardous waste in that month.
(b) Except for those wastes identified in paragraphs (e), (f), (g),
and (j) of this section, a conditionally exempt small quantity
generator's hazardous wastes are not subject to regulation under parts
262 through 266, 268, and parts 270 and 124 of this chapter, and the
notification requirements of section 3010 of RCRA, provided the
generator complies with the requirements of paragraphs (f), (g), and (j)
of this section.
(c) When making the quantity determinations of this part and 40 CFR
part 262, the generator must include all hazardous waste that it
generates, except hazardous waste that:
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f),
261.6(a)(3), 261.7(a)(1), or 261.8; or
(2) Is managed immediately upon generation only in on-site
elementary neutralization units, wastewater treatment units, or totally
enclosed treatment facilities as defined in 40 CFR 260.10; or
(3) Is recycled, without prior storage or accumulation, only in an
on-site process subject to regulation under 40 CFR 261.6(c)(2); or
(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4)
and 40 CFR part 279; or
(5) Is spent lead-acid batteries managed under the requirements of
40 CFR part 266, subpart G; or
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part
273.
(d) In determining the quantity of hazardous waste generated, a
generator need not include:
(1) Hazardous waste when it is removed from on-site storage; or
(2) Hazardous waste produced by on-site treatment (including
reclamation) of his hazardous waste, so long as the hazardous waste that
is treated was counted once; or
(3) Spent materials that are generated, reclaimed, and subsequently
reused on-site, so long as such spent materials have been counted once.
(e) If a generator generates acute hazardous waste in a calendar
month in quantities greater than set forth below, all quantities of that
acute hazardous waste are subject to full regulation under parts 262
through 266, 268, and parts 270 and 124 of this chapter, and the
notification requirements of section 3010 of RCRA:
(1) A total of one kilogram of acute hazardous wastes listed in
Secs. 261.31, 261.32, or 261.33(e).
(2) A total of 100 kilograms of any residue or contaminated soil,
waste, or other debris resulting from the clean-up of a spill, into or
on any land or water, of any acute hazardous wastes listed in
Secs. 261.31, 261.32, or 261.33(e).
[[Page 49]]
[Comment: ``Full regulation'' means those regulations applicable to
generators of greater than 1,000 kg of non-acutely hazardous waste in a
calendar month.]
(f) In order for acute hazardous wastes generated by a generator of
acute hazardous wastes in quantities equal to or less than those set
forth in paragraph (e)(1) or (2) of this section to be excluded from
full regulation under this section, the generator must comply with the
following requirements:
(1) Section 262.11 of this chapter;
(2) The generator may accumulate acute hazardous waste on-site. If
he accumulates at any time acute hazardous wastes in quantities greater
than those set forth in paragraph (e)(1) or (e)(2) of this section, all
of those accumulated wastes are subject to regulation under parts 262
through 266, 268, and parts 270 and 124 of this chapter, and the
applicable notification requirements of section 3010 of RCRA. The time
period of Sec. 262.34(a) of this chapter, for accumulation of wastes on-
site, begins when the accumulated wastes exceed the applicable exclusion
limit;
(3) A conditionally exempt small quantity generator may either treat
or dispose of his acute hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage, or disposal facility, either
of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal solid waste and, if managed in a municipal solid waste
landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the
requirements in Secs. 257.5 through 257.30 of this chapter; or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate
recycling or reclamation; or
(vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter.
(g) In order for hazardous waste generated by a conditionally exempt
small quantity generator in quantities of less than 100 kilograms of
hazardous waste during a calendar month to be excluded from full
regulation under this section, the generator must comply with the
following requirements:
(1) Section 262.11 of this chapter;
(2) The conditionally exempt small quantity generator may accumulate
hazardous waste on-site. If he accumulates at any time more than a total
of 1000 kilograms of his hazardous wastes, all of those accumulated
wastes are subject to regulation under the special provisions of part
262 applicable to generators of between 100 kg and 1000 kg of hazardous
waste in a calendar month as well as the requirements of parts 263
through 266, 268, and parts 270 and 124 of this chapter, and the
applicable notification requirements of section 3010 of RCRA. The time
period of Sec. 262.34(d) for accumulation of wastes on-site begins for a
conditionally exempt small quantity generator when the accumulated
wastes exceed 1000 kilograms;
(3) A conditionally exempt small quantity generator may either treat
or dispose of his hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage or disposal facility, either
of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal solid waste and, if managed in a municipal solid waste
landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed
[[Page 50]]
in a non-municipal non-hazardous waste disposal unit after January 1,
1998, is subject to the requirements in Secs. 257.5 through 257.30 of
this chapter; or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate
recycling or reclamation; or
(vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter.
(h) Hazardous waste subject to the reduced requirements of this
section may be mixed with non-hazardous waste and remain subject to
these reduced requirements even though the resultant mixture exceeds the
quantity limitations identified in this section, unless the mixture
meets any of the characteristics of hazardous waste identified in
subpart C.
(i) If any person mixes a solid waste with a hazardous waste that
exceeds a quantity exclusion level of this section, the mixture is
subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes are
mixed with used oil, the mixture is subject to part 279 of this chapter
if it is destined to be burned for energy recovery. Any material
produced from such a mixture by processing, blending, or other treatment
is also so regulated if it is destined to be burned for energy recovery.
[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, May 3,
1993; 60 FR 25541, May 11, 1995; 61 FR 34278, July 1, 1996; 63 FR 24968,
May 6, 1998; 63 FR 37782, July 14, 1998]
Sec. 261.6 Requirements for recyclable materials.
(a)(1) Hazardous wastes that are recycled are subject to the
requirements for generators, transporters, and storage facilities of
paragraphs (b) and (c) of this section, except for the materials listed
in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that
are recycled will be known as ``recyclable materials.''
(2) The following recyclable materials are not subject to the
requirements of this section but are regulated under subparts C through
H of part 266 of this chapter and all applicable provisions in parts 270
and 124 of this chapter:
(i) Recyclable materials used in a manner constituting disposal
(subpart C);
(ii) Hazardous wastes burned for energy recovery in boilers and
industrial furnaces that are not regulated under subpart O of part 264
or 265 of this chapter (subpart H);
(iii) Recyclable materials from which precious metals are reclaimed
(subpart F);
(iv) Spent lead-acid batteries that are being reclaimed (subpart G).
(3) The following recyclable materials are not subject to regulation
under parts 262 through parts 266 or parts 268, 270 or 124 of this
chapter, and are not subject to the notification requirements of section
3010 of RCRA:
(i) Industrial ethyl alcohol that is reclaimed except that, unless
provided otherwise in an international agreement as specified in
Sec. 262.58:
(A) A person initiating a shipment for reclamation in a foreign
country, and any intermediary arranging for the shipment, must comply
with the requirements applicable to a primary exporter in Secs. 262.53,
262.56 (a)(1)-(4), (6), and (b), and 262.57, export such materials only
upon consent of the receiving country and in conformance with the EPA
Acknowledgment of Consent as defined in subpart E of part 262, and
provide a copy of the EPA Acknowledgment of Consent to the shipment to
the transporter transporting the shipment for export;
(B) Transporters transporting a shipment for export may not accept a
shipment if he knows the shipment does not conform to the EPA
Acknowledgment of Consent, must ensure that a copy of the EPA
Acknowledgment of Consent accompanies the shipment and must ensure that
it is delivered to the facility designated by the person initiating the
shipment.
(ii) Scrap metal that is not excluded under Sec. 261.4(a)(13);
(iii) Fuels produced from the refining of oil-bearing hazardous
waste along
[[Page 51]]
with normal process streams at a petroleum refining facility if such
wastes result from normal petroleum refining, production, and
transportation practices (this exemption does not apply to fuels
produced from oil recovered from oil-bearing hazardous waste, where such
recovered oil is already excluded under Sec. 261.4(a)(12);
(iv)(A) Hazardous waste fuel produced from oil-bearing hazardous
wastes from petroleum refining, production, or transportation practices,
or produced from oil reclaimed from such hazardous wastes, where such
hazardous wastes are reintroduced into a process that does not use
distillation or does not produce products from crude oil so long as the
resulting fuel meets the used oil specification under Sec. 279.11 of
this chapter and so long as no other hazardous wastes are used to
produce the hazardous waste fuel;
(B) Hazardous waste fuel produced from oil-bearing hazardous waste
from petroleum refining production, and transportation practices, where
such hazardous wastes are reintroduced into a refining process after a
point at which contaminants are removed, so long as the fuel meets the
used oil fuel specification under Sec. 279.11 of this chapter; and
(C) Oil reclaimed from oil-bearing hazardous wastes from petroleum
refining, production, and transportation practices, which reclaimed oil
is burned as a fuel without reintroduction to a refining process, so
long as the reclaimed oil meets the used oil fuel specification under
Sec. 279.11 of this chapter.
(4) Used oil that is recycled and is also a hazardous waste solely
because it exhibits a hazardous characteristic is not subject to the
requirements of parts 260 through 268 of this chapter, but is regulated
under part 279 of this chapter. Used oil that is recycled includes any
used oil which is reused, following its original use, for any purpose
(including the purpose for which the oil was originally used). Such term
includes, but is not limited to, oil which is re-refined, reclaimed,
burned for energy recovery, or reprocessed.
(5) Hazardous waste that is exported to or imported from designated
member countries of the Organization for Economic Cooperation and
Development (OECD) (as defined in Sec. 262.58(a)(1)) for purpose of
recovery is subject to the requirements of 40 CFR part 262, subpart H,
if it is subject to either the Federal manifesting requirements of 40
CFR Part 262, to the universal waste management standards of 40 CFR Part
273, or to State requirements analogous to 40 CFR Part 273.
(b) Generators and transporters of recyclable materials are subject
to the applicable requirements of parts 262 and 263 of this chapter and
the notification requirements under section 3010 of RCRA, except as
provided in paragraph (a) of this section.
(c)(1) Owners and operators of facilities that store recyclable
materials before they are recycled are regulated under all applicable
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265,
and under parts 124, 266, 268, and 270 of this chapter and the
notification requirements under section 3010 of RCRA, except as provided
in paragraph (a) of this section. (The recycling process itself is
exempt from regulation except as provided in Sec. 261.6(d).)
(2) Owners or operators of facilities that recycle recyclable
materials without storing them before they are rcycled are subject to
the following requirements, except as provided in paragraph (a) of this
section:
(i) Notification requirements under section 3010 of RCRA;
(ii) Sections 265.71 and 265.72 (dealing with the use of the
manifest and manifest discrepancies) of this chapter.
(iii) Section 261.6(d) of this chapter.
(d) Owners or operators of facilities subject to RCRA permitting
requirements with hazardous waste management units that recycle
hazardous wastes are subject to the requirements of subparts AA and BB
of part 264 or 265 of this chapter.
[50 FR 49203, Nov. 29, 1985, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40637, Nov. 7, 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June
21, 1990; 56 FR 7207, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 57 FR
41612, Sept. 10, 1992; 59 FR 38545, July 28, 1994; 60 FR 25541, May 11,
1995; 61 FR 16309, Apr. 12, 1996; 61 FR 59950, Nov. 25, 1996; 62 FR
26019, May 12, 1997; 63 FR 24968, May 6, 1998; 63 FR 42185, Aug. 6,
1998]
[[Page 52]]
Sec. 261.7 Residues of hazardous waste in empty containers.
(a)(1) Any hazardous waste remaining in either (i) an empty
container or (ii) an inner liner removed from an empty container, as
defined in paragraph (b) of this section, is not subject to regulation
under parts 261 through 265, or part 268, 270 or 124 of this chapter or
to the notification requirements of section 3010 of RCRA.
(2) Any hazardous waste in either (i) a container that is not empty
or (ii) an inner liner removed from a container that is not empty, as
defined in paragraph (b) of this section, is subject to regulation under
parts 261 through 265, and parts 268, 270 and 124 of this chapter and to
the notification requirements of section 3010 of RCRA.
(b)(1) A container or an inner liner removed from a container that
has held any hazardous waste, except a waste that is a compressed gas or
that is identified as an acute hazardous waste listed in Secs. 261.31,
261.32, or 261.33(e) of this chapter is empty if:
(i) All wastes have been removed that can be removed using the
practices commonly employed to remove materials from that type of
container, e.g., pouring, pumping, and aspirating, and
(ii) No more than 2.5 centimeters (one inch) of residue remain on
the bottom of the container or inner liner, or
(iii)(A) No more than 3 percent by weight of the total capacity of
the container remains in the container or inner liner if the container
is less than or equal to 110 gallons in size, or
(B) No more than 0.3 percent by weight of the total capacity of the
container remains in the container or inner liner if the container is
greater than 110 gallons in size.
(2) A container that has held a hazardous waste that is a compressed
gas is empty when the pressure in the container approaches atmospheric.
(3) A container or an inner liner removed from a container that has
held an acute hazardous waste listed in Secs. 261.31, 261.32, or
261.33(e) is empty if:
(i) The container or inner liner has been triple rinsed using a
solvent capable of removing the commercial chemical product or
manufacturing chemical intermediate;
(ii) The container or inner liner has been cleaned by another method
that has been shown in the scientific literature, or by tests conducted
by the generator, to achieve equivalent removal; or
(iii) In the case of a container, the inner liner that prevented
contact of the commercial chemical product or manufacturing chemical
intermediate with the container, has been removed.
[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982;
48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov.
7, 1986]
Sec. 261.8 PCB wastes regulated under Toxic Substance Control Act.
The disposal of PCB-containing dielectric fluid and electric
equipment containing such fluid authorized for use and regulated under
part 761 of this chapter and that are hazardous only because they fail
the test for the Toxicity Characteristic (Hazardous Waste Codes D018
through D043 only) are exempt from regulation under parts 261 through
265, and parts 268, 270, and 124 of this chapter, and the notification
requirements of section 3010 of RCRA.
[55 FR 11862, Mar. 29, 1990]
Sec. 261.9 Requirements for Universal Waste.
The wastes listed in this section are exempt from regulation under
parts 262 through 270 of this chapter except as specified in part 273 of
this chapter and, therefore are not fully regulated as hazardous waste.
The wastes listed in this section are subject to regulation under 40 CFR
part 273:
(a) Batteries as described in 40 CFR 273.2;
(b) Pesticides as described in Sec. 273.3 of this chapter;
(c) Thermostats as described in Sec. 273.4 of this chapter; and
(d) Lamps as described in Sec. 273.5 of this chapter.
[60 FR 25541, May 11, 1995, as amended at 64 FR 36487, July 6, 1999]
[[Page 53]]
Subpart B--Criteria for Identifying the Characteristics of Hazardous
Waste and for Listing Hazardous Waste
Sec. 261.10 Criteria for identifying the characteristics of hazardous waste.
(a) The Administrator shall identify and define a characteristic of
hazardous waste in subpart C only upon determining that:
(1) A solid waste that exhibits the characteristic may:
(i) Cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness; or
(ii) Pose a substantial present or potential hazard to human health
or the environment when it is improperly treated, stored, transported,
disposed of or otherwise managed; and
(2) The characteristic can be:
(i) Measured by an available standardized test method which is
reasonably within the capability of generators of solid waste or private
sector laboratories that are available to serve generators of solid
waste; or
(ii) Reasonably detected by generators of solid waste through their
knowledge of their waste.
(b) [Reserved].
Sec. 261.11 Criteria for listing hazardous waste.
(a) The Administrator shall list a solid waste as a hazardous waste
only upon determining that the solid waste meets one of the following
criteria:
(1) It exhibits any of the characteristics of hazardous waste
identified in subpart C.
(2) It has been found to be fatal to humans in low doses or, in the
absence of data on human toxicity, it has been shown in studies to have
an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an
inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or
a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per
kilogram or is otherwise capable of causing or significantly
contributing to an increase in serious irreversible, or incapacitating
reversible, illness. (Waste listed in accordance with these criteria
will be designated Acute Hazardous Waste.)
(3) It contains any of the toxic constituents listed in appendix
VIII and, after considering the following factors, the Administrator
concludes that the waste is capable of posing a substantial present or
potential hazard to human health or the environment when improperly
treated, stored, transported or disposed of, or otherwise managed:
(i) The nature of the toxicity presented by the constituent.
(ii) The concentration of the constituent in the waste.
(iii) The potential of the constituent or any toxic degradation
product of the constituent to migrate from the waste into the
environment under the types of improper management considered in
paragraph (a)(3)(vii) of this section.
(iv) The persistence of the constituent or any toxic degradation
product of the constituent.
(v) The potential for the constituent or any toxic degradation
product of the constituent to degrade into non-harmful constituents and
the rate of degradation.
(vi) The degree to which the constituent or any degradation product
of the constituent bioaccumulates in ecosystems.
(vii) The plausible types of improper management to which the waste
could be subjected.
(viii) The quantities of the waste generated at individual
generation sites or on a regional or national basis.
(ix) The nature and severity of the human health and environmental
damage that has occurred as a result of the improper management of
wastes containing the constituent.
(x) Action taken by other governmental agencies or regulatory
programs based on the health or environmental hazard posed by the waste
or waste constituent.
(xi) Such other factors as may be appropriate.
Substances will be listed on appendix VIII only if they have been shown
in scientific studies to have toxic, carcinogenic, mutagenic or
teratogenic effects on humans or other life forms.
(Wastes listed in accordance with these criteria will be designated
Toxic wastes.)
(b) The Administrator may list classes or types of solid waste as
hazardous
[[Page 54]]
waste if he has reason to believe that individual wastes, within the
class or type of waste, typically or frequently are hazardous under the
definition of hazardous waste found in section 1004(5) of the Act.
(c) The Administrator will use the criteria for listing specified in
this section to establish the exclusion limits referred to in
Sec. 261.5(c).
[45 FR 33119, May 19, 1980, as amended at 55 FR 18726, May 4, 1990; 57
FR 14, Jan. 2, 1992]
Subpart C--Characteristics of Hazardous Waste
Sec. 261.20 General.
(a) A solid waste, as defined in Sec. 261.2, which is not excluded
from regulation as a hazardous waste under Sec. 261.4(b), is a hazardous
waste if it exhibits any of the characteristics identified in this
subpart.
[Comment: Sec. 262.11 of this chapter sets forth the generator's
responsibility to determine whether his waste exhibits one or more of
the characteristics identified in this subpart]
(b) A hazardous waste which is identified by a characteristic in
this subpart is assigned every EPA Hazardous Waste Number that is
applicable as set forth in this subpart. This number must be used in
complying with the notification requirements of section 3010 of the Act
and all applicable recordkeeping and reporting requirements under parts
262 through 265, 268, and 270 of this chapter.
(c) For purposes of this subpart, the Administrator will consider a
sample obtained using any of the applicable sampling methods specified
in appendix I to be a representative sample within the meaning of part
260 of this chapter.
[Comment: Since the appendix I sampling methods are not being formally
adopted by the Administrator, a person who desires to employ an
alternative sampling method is not required to demonstrate the
equivalency of his method under the procedures set forth in Secs. 260.20
and 260.21.]
[45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55
FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991]
Sec. 261.21 Characteristic of ignitability.
(a) A solid waste exhibits the characteristic of ignitability if a
representative sample of the waste has any of the following properties:
(1) It is a liquid, other than an aqueous solution containing less
than 24 percent alcohol by volume and has flash point less than 60
deg.C (140 deg.F), as determined by a Pensky-Martens Closed Cup Tester,
using the test method specified in ASTM Standard D-93-79 or D-93-80
(incorporated by reference, see Sec. 260.11), or a Setaflash Closed Cup
Tester, using the test method specified in ASTM Standard D-3278-78
(incorporated by reference, see Sec. 260.11), or as determined by an
equivalent test method approved by the Administrator under procedures
set forth in Secs. 260.20 and 260.21.
(2) It is not a liquid and is capable, under standard temperature
and pressure, of causing fire through friction, absorption of moisture
or spontaneous chemical changes and, when ignited, burns so vigorously
and persistently that it creates a hazard.
(3) It is an ignitable compressed gas as defined in 49 CFR 173.300
and as determined by the test methods described in that regulation or
equivalent test methods approved by the Administrator under Secs. 260.20
and 260.21.
(4) It is an oxidizer as defined in 49 CFR 173.151.
(b) A solid waste that exhibits the characteristic of ignitability
has the EPA Hazardous Waste Number of D001.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55
FR 22684, June 1, 1990]
Sec. 261.22 Characteristic of corrosivity.
(a) A solid waste exhibits the characteristic of corrosivity if a
representative sample of the waste has either of the following
properties:
(1) It is aqueous and has a pH less than or equal to 2 or greater
than or equal to 12.5, as determined by a pH meter using Method 9040 in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of
this chapter.
(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater
than 6.35 mm (0.250 inch) per year at a test temperature of 55 deg.C
(130 deg.F) as determined by the test method specified in NACE
[[Page 55]]
(National Association of Corrosion Engineers) Standard TM-01-69 as
standardized in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, as incorporated by reference
in Sec. 260.11 of this chapter.
(b) A solid waste that exhibits the characteristic of corrosivity
has the EPA Hazardous Waste Number of D002.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55
FR 22684, June 1, 1990; 58 FR 46049, Aug. 31, 1993]
Sec. 261.23 Characteristic of reactivity.
(a) A solid waste exhibits the characteristic of reactivity if a
representative sample of the waste has any of the following properties:
(1) It is normally unstable and readily undergoes violent change
without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures with water.
(4) When mixed with water, it generates toxic gases, vapors or fumes
in a quantity sufficient to present a danger to human health or the
environment.
(5) It is a cyanide or sulfide bearing waste which, when exposed to
pH conditions between 2 and 12.5, can generate toxic gases, vapors or
fumes in a quantity sufficient to present a danger to human health or
the environment.
(6) It is capable of detonation or explosive reaction if it is
subjected to a strong initiating source or if heated under confinement.
(7) It is readily capable of detonation or explosive decomposition
or reaction at standard temperature and pressure.
(8) It is a forbidden explosive as defined in 49 CFR 173.51, or a
Class A explosive as defined in 49 CFR 173.53 or a Class B explosive as
defined in 49 CFR 173.88.
(b) A solid waste that exhibits the characteristic of reactivity has
the EPA Hazardous Waste Number of D003.
[45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990]
Sec. 261.24 Toxicity characteristic.
(a) A solid waste exhibits the characteristic of toxicity if, using
the Toxicity Characteristic Leaching Procedure, test Method 1311 in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of
this chapter, the extract from a representative sample of the waste
contains any of the contaminants listed in table 1 at the concentration
equal to or greater than the respective value given in that table. Where
the waste contains less than 0.5 percent filterable solids, the waste
itself, after filtering using the methodology outlined in Method 1311,
is considered to be the extract for the purpose of this section.
(b) A solid waste that exhibits the characteristic of toxicity has
the EPA Hazardous Waste Number specified in Table I which corresponds to
the toxic contaminant causing it to be hazardous.
Table 1--Maximum Concentration of Contaminants for the Toxicity
Characteristic
------------------------------------------------------------------------
Regulatory
EPA HW No. \1\ Contaminant CAS No. \2\ Level (mg/
L)
------------------------------------------------------------------------
D004 Arsenic................... 7440-38-2 5.0
D005 Barium.................... 7440-39-3 100.0
D018 Benzene................... 71-43-2 0.5
D006 Cadmium................... 7440-43-9 1.0
D019 Carbon tetrachloride...... 56-23-5 0.5
D020 Chlordane................. 57-74-9 0.03
D021 Chlorobenzene............. 108-90-7 100.0
D022 Chloroform................ 67-66-3 6.0
D007 Chromium.................. 7440-47-3 5.0
D023 o-Cresol.................. 95-48-7 \4\ 200.0
D024 m-Cresol.................. 108-39-4 \4\ 200.0
D025 p-Cresol.................. 106-44-5 \4\ 200.0
D026 Cresol.................... ........... \4\ 200.0
D016 2,4-D..................... 94-75-7 10.0
D027 1,4-Dichlorobenzene....... 106-46-7 7.5
D028 1,2-Dichloroethane........ 107-06-2 0.5
D029 1,1-Dichloroethylene...... 75-35-4 0.7
D030 2,4-Dinitrotoluene........ 121-14-2 \3\ 0.13
D012 Endrin.................... 72-20-8 0.02
D031 Heptachlor (and its 76-44-8 0.008
epoxide).
D032 Hexachlorobenzene......... 118-74-1 \3\ 0.13
D033 Hexachlorobutadiene....... 87-68-3 0.5
D034 Hexachloroethane.......... 67-72-1 3.0
D008 Lead...................... 7439-92-1 5.0
D013 Lindane................... 58-89-9 0.4
D009 Mercury................... 7439-97-6 0.2
D014 Methoxychlor.............. 72-43-5 10.0
D035 Methyl ethyl ketone...... 78-93-3 200.0
D036 Nitrobenzene.............. 98-95-3 2.0
D037 Pentrachlorophenol........ 87-86-5 100.0
D038 Pyridine.................. 110-86-1 \3\ 5.0
D010 Selenium.................. 7782-49-2 1.0
D011 Silver.................... 7440-22-4 5.0
D039 Tetrachloroethylene....... 127-18-4 0.7
D015 Toxaphene................. 8001-35-2 0.5
D040 Trichloroethylene......... 79-01-6 0.5
D041 2,4,5-Trichlorophenol..... 95-95-4 400.0
D042 2,4,6-Trichlorophenol..... 88-06-2 2.0
D017 2,4,5-TP (Silvex)......... 93-72-1 1.0
D043 Vinyl chloride............ 75-01-4 0.2
------------------------------------------------------------------------
\1\ Hazardous waste number.
\2\ Chemical abstracts service number.
[[Page 56]]
\3\ Quantitation limit is greater than the calculated regulatory level.
The quantitation limit therefore becomes the regulatory level.
\4\ If o-, m-, and p-Cresol concentrations cannot be differentiated, the
total cresol (D026) concentration is used. The regulatory level of
total cresol is 200 mg/l.
[55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55
FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993]
Subpart D--Lists of Hazardous Wastes
Sec. 261.30 General.
(a) A solid waste is a hazardous waste if it is listed in this
subpart, unless it has been excluded from this list under Secs. 260.20
and 260.22.
(b) The Administrator will indicate his basis for listing the
classes or types of wastes listed in this subpart by employing one or
more of the following Hazard Codes:
Ignitable Waste............................... (I)
Corrosive Waste............................... (C)
Reactive Waste................................ (R)
Toxicity Characteristic Waste................. (E)
Acute Hazardous Waste......................... (H)
Toxic Waste................................... (T)
Appendix VII identifies the constituent which caused the Administrator
to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste
(T) in Secs. 261.31 and 261.32.
(c) Each hazardous waste listed in this subpart is assigned an EPA
Hazardous Waste Number which precedes the name of the waste. This number
must be used in complying with the notification requirements of Section
3010 of the Act and certain recordkeeping and reporting requirements
under parts 262 through 265, 268, and part 270 of this chapter.
(d) The following hazardous wastes listed in Sec. 261.31 or
Sec. 261.32 are subject to the exclusion limits for acutely hazardous
wastes established in Sec. 261.5: EPA Hazardous Wastes Nos. FO20, FO21,
FO22, FO23, FO26, and FO27.
[45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 2000, Jan. 14, 1985; 51 FR 40636, Nov. 7, 1986; 55 FR 11863, Mar. 29,
1990]
Sec. 261.31 Hazardous wastes from non-specific sources.
(a) The following solid wastes are listed hazardous wastes from non-
specific sources unless they are excluded under Secs. 260.20 and 260.22
and listed in appendix IX.
------------------------------------------------------------------------
Industry and EPA hazardous
waste No. Hazardous waste Hazard code
------------------------------------------------------------------------
Generic:
F001......................... The following spent (T)
halogenated solvents
used in degreasing:
Tetrachloroethylene,
trichloroethylene,
methylene chloride,
1,1,1-trichloroethane,
carbon tetrachloride,
and chlorinated
fluorocarbons; all spent
solvent mixtures/blends
used in degreasing
containing, before use,
a total of ten percent
or more (by volume) of
one or more of the above
halogenated solvents or
those solvents listed in
F002, F004, and F005;
and still bottoms from
the recovery of these
spent solvents and spent
solvent mixtures.
F002......................... The following spent (T)
halogenated solvents:
Tetrachloroethylene,
methylene chloride,
trichloroethylene, 1,1,1-
trichloroethane,
chlorobenzene, 1,1,2-
trichloro-1,2,2-
trifluoroethane, ortho-
dichlorobenzene,
trichlorofluoromethane,
and 1,1,2-
trichloroethane; all
spent solvent mixtures/
blends containing,
before use, a total of
ten percent or more (by
volume) of one or more
of the above halogenated
solvents or those listed
in F001, F004, or F005;
and still bottoms from
the recovery of these
spent solvents and spent
solvent mixtures.
F003......................... The following spent non- (I)*
halogenated solvents:
Xylene, acetone, ethyl
acetate, ethyl benzene,
ethyl ether, methyl
isobutyl ketone, n-butyl
alcohol, cyclohexanone,
and methanol; all spent
solvent mixtures/blends
containing, before use,
only the above spent non-
halogenated solvents;
and all spent solvent
mixtures/blends
containing, before use,
one or more of the above
non-halogenated
solvents, and, a total
of ten percent or more
(by volume) of one or
more of those solvents
listed in F001, F002,
F004, and F005; and
still bottoms from the
recovery of these spent
solvents and spent
solvent mixtures.
F004......................... The following spent non- (T)
halogenated solvents:
Cresols and cresylic
acid, and nitrobenzene;
all spent solvent
mixtures/blends
containing, before use,
a total of ten percent
or more (by volume) of
one or more of the above
non-halogenated solvents
or those solvents listed
in F001, F002, and F005;
and still bottoms from
the recovery of these
spent solvents and spent
solvent mixtures.
[[Page 57]]
F005......................... The following spent non- (I,T)
halogenated solvents:
Toluene, methyl ethyl
ketone, carbon
disulfide, isobutanol,
pyridine, benzene, 2-
ethoxyethanol, and 2-
nitropropane; all spent
solvent mixtures/blends
containing, before use,
a total of ten percent
or more (by volume) of
one or more of the above
non-halogenated solvents
or those solvents listed
in F001, F002, or F004;
and still bottoms from
the recovery of these
spent solvents and spent
solvent mixtures.
F006......................... Wastewater treatment (T)
sludges from
electroplating
operations except from
the following processes:
(1) Sulfuric acid
anodizing of aluminum;
(2) tin plating on
carbon steel; (3) zinc
plating (segregated
basis) on carbon steel;
(4) aluminum or zinc-
aluminum plating on
carbon steel; (5)
cleaning/stripping
associated with tin,
zinc and aluminum
plating on carbon steel;
and (6) chemical etching
and milling of aluminum.
F007......................... Spent cyanide plating (R, T)
bath solutions from
electroplating
operations.
F008......................... Plating bath residues (R, T)
from the bottom of
plating baths from
electroplating
operations where
cyanides are used in the
process.
F009......................... Spent stripping and (R, T)
cleaning bath solutions
from electroplating
operations where
cyanides are used in the
process.
F010......................... Quenching bath residues (R, T)
from oil baths from
metal heat treating
operations where
cyanides are used in the
process.
F011......................... Spent cyanide solutions (R, T)
from salt bath pot
cleaning from metal heat
treating operations.
F012......................... Quenching waste water (T)
treatment sludges from
metal heat treating
operations where
cyanides are used in the
process.
F019......................... Wastewater treatment (T)
sludges from the
chemical conversion
coating of aluminum
except from zirconium
phosphating in aluminum
can washing when such
phosphating is an
exclusive conversion
coating process.
F020......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production or
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
tri- or
tetrachlorophenol, or of
intermediates used to
produce their pesticide
derivatives. (This
listing does not include
wastes from the
production of
Hexachlorophene from
highly purified 2,4,5-
trichlorophenol.).
F021......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production or
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
pentachlorophenol, or of
intermediates used to
produce its derivatives.
F022......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
tetra-, penta-, or
hexachlorobenzenes under
alkaline conditions.
F023......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production of materials
on equipment previously
used for the production
or manufacturing use (as
a reactant, chemical
intermediate, or
component in a
formulating process) of
tri- and
tetrachlorophenols.
(This listing does not
include wastes from
equipment used only for
the production or use of
Hexachlorophene from
highly purified 2,4,5-
trichlorophenol.).
F024......................... Process wastes, including (T)
but not limited to,
distillation residues,
heavy ends, tars, and
reactor clean-out
wastes, from the
production of certain
chlorinated aliphatic
hydrocarbons by free
radical catalyzed
processes. These
chlorinated aliphatic
hydrocarbons are those
having carbon chain
lengths ranging from one
to and including five,
with varying amounts and
positions of chlorine
substitution. (This
listing does not include
wastewaters, wastewater
treatment sludges, spent
catalysts, and wastes
listed in Sec. 261.31
or Sec. 261.32.).
F025......................... Condensed light ends, (T)
spent filters and filter
aids, and spent
desiccant wastes from
the production of
certain chlorinated
aliphatic hydrocarbons,
by free radical
catalyzed processes.
These chlorinated
aliphatic hydrocarbons
are those having carbon
chain lengths ranging
from one to and
including five, with
varying amounts and
positions of chlorine
substitution.
F026......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production of materials
on equipment previously
used for the
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
tetra-, penta-, or
hexachlorobenzene under
alkaline conditions.
F027......................... Discarded unused (H)
formulations containing
tri-, tetra-, or
pentachlorophenol or
discarded unused
formulations containing
compounds derived from
these chlorophenols.
(This listing does not
include formulations
containing
Hexachlorophene
sythesized from
prepurified 2,4,5-
trichlorophenol as the
sole component.).
F028......................... Residues resulting from (T)
the incineration or
thermal treatment of
soil contaminated with
EPA Hazardous Waste Nos.
F020, F021, F022, F023,
F026, and F027.
[[Page 58]]
F032......................... Wastewaters (except those (T)
that have not come into
contact with process
contaminants), process
residuals, preservative
drippage, and spent
formulations from wood
preserving processes
generated at plants that
currently use or have
previously used
chlorophenolic
formulations (except
potentially cross-
contaminated wastes that
have had the F032 waste
code deleted in
accordance with Sec.
261.35 of this chapter
or potentially cross-
contaminated wastes that
are otherwise currently
regulated as hazardous
wastes (i.e., F034 or
F035), and where the
generator does not
resume or initiate use
of chlorophenolic
formulations). This
listing does not include
K001 bottom sediment
sludge from the
treatment of wastewater
from wood preserving
processes that use
creosote and/or
pentachlorophenol.
F034......................... Wastewaters (except those (T)
that have not come into
contact with process
contaminants), process
residuals, preservative
drippage, and spent
formulations from wood
preserving processes
generated at plants that
use creosote
formulations. This
listing does not include
K001 bottom sediment
sludge from the
treatment of wastewater
from wood preserving
processes that use
creosote and/or
pentachlorophenol.
F035......................... Wastewaters (except those (T)
that have not come into
contact with process
contaminants), process
residuals, preservative
drippage, and spent
formulations from wood
preserving processes
generated at plants that
use inorganic
preservatives containing
arsenic or chromium.
This listing does not
include K001 bottom
sediment sludge from the
treatment of wastewater
from wood preserving
processes that use
creosote and/or
pentachlorophenol.
F037......................... Petroleum refinery (T)
primary oil/water/solids
separation sludge--Any
sludge generated from
the gravitational
separation of oil/water/
solids during the
storage or treatment of
process wastewaters and
oil cooling wastewaters
from petroleum
refineries. Such sludges
include, but are not
limited to, those
generated in oil/water/
solids separators; tanks
and impoundments;
ditches and other
conveyances; sumps; and
stormwater units
receiving dry weather
flow. Sludge generated
in stormwater units that
do not receive dry
weather flow, sludges
generated from non-
contact once-through
cooling waters
segregated for treatment
from other process or
oily cooling waters,
sludges generated in
aggressive biological
treatment units as
defined in Sec.
261.31(b)(2) (including
sludges generated in one
or more additional units
after wastewaters have
been treated in
aggressive biological
treatment units) and
K051 wastes are not
included in this
listing. This listing
does include residuals
generated from
processing or recycling
oil-bearing hazardous
secondary materials
excluded under Sec.
261.4(a)(12)(i), if
those residuals are to
be disposed of..
F038......................... Petroleum refinery (T)
secondary (emulsified)
oil/water/solids
separation sludge--Any
sludge and/or float
generated from the
physical and/or chemical
separation of oil/water/
solids in process
wastewaters and oily
cooling wastewaters from
petroleum refineries.
Such wastes include, but
are not limited to, all
sludges and floats
generated in: induced
air flotation (IAF)
units, tanks and
impoundments, and all
sludges generated in DAF
units. Sludges generated
in stormwater units that
do not receive dry
weather flow, sludges
generated from non-
contact once-through
cooling waters
segregated for treatment
from other process or
oily cooling waters,
sludges and floats
generated in aggressive
biological treatment
units as defined in Sec.
261.31(b)(2) (including
sludges and floats
generated in one or more
additional units after
wastewaters have been
treated in aggressive
biological treatment
units) and F037, K048,
and K051 wastes are not
included in this listing.
F039......................... Leachate (liquids that (T)
have percolated through
land disposed wastes)
resulting from the
disposal of more than
one restricted waste
classified as hazardous
under subpart D of this
part. (Leachate
resulting from the
disposal of one or more
of the following EPA
Hazardous Wastes and no
other Hazardous Wastes
retains its EPA
Hazardous Waste
Number(s): F020, F021,
F022, F026, F027, and/or
F028.).
------------------------------------------------------------------------
(b) Listing Specific Definitions: (1) For the purposes of the F037 and
F038 listings, oil/water/solids is defined as oil and/or water and/or
solids.(2) (i) For the purposes of the F037 and F038 listings,
aggressive biological treatment units are defined as units which employ
one of the following four treatment methods: activated sludge; trickling
filter; rotating biological contactor for the continuous accelerated
biological oxidation of wastewaters; or high-rate aeration. High-rate
aeration is a system of surface impoundments or tanks, in which intense
mechanical aeration is used to completely mix the wastes, enhance
biological activity, and (A) the units employ a minimum of 6 hp per
million gallons of treatment volume; and either (B) the hydraulic
retention time of the unit is no longer than 5 days; or (C) the
hydraulic retention time is no longer than 30 days and the unit does not
generate a sludge that is a hazardous waste by the Toxicity
Characteristic.
(ii) Generators and treatment, storage and disposal facilities have the
burden of proving that their sludges are exempt from listing as F037 and
F038 wastes
[[Page 59]]
under this definition. Generators and treatment, storage and disposal
facilities must maintain, in their operating or other onsite records,
documents and data sufficient to prove that: (A) the unit is an
aggressive biological treatment unit as defined in this subsection; and
(B) the sludges sought to be exempted from the definitions of F037 and/
or F038 were actually generated in the aggressive biological treatment
unit.
(3) (i) For the purposes of the F037 listing, sludges are considered to
be generated at the moment of deposition in the unit, where deposition
is defined as at least a temporary cessation of lateral particle
movement.
(ii) For the purposes of the F038 listing,
(A) sludges are considered to be generated at the moment of deposition
in the unit, where deposition is defined as at least a temporary
cessation of lateral particle movement and
(B) floats are considered to be generated at the moment they are formed
in the top of the unit.
[46 FR 4617, Jan. 16, 1981]
Editorial Note: For Federal Register citations affecting
Sec. 261.31, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 261.32 Hazardous wastes from specific sources.
The following solid wastes are listed hazardous wastes from specific
sources unless they are excluded under Secs. 260.20 and 260.22 and
listed in appendix IX.
------------------------------------------------------------------------
Industry and EPA hazardous
waste No. Hazardous waste Hazard code
------------------------------------------------------------------------
Wood preservation: K001........ Bottom sediment sludge (T)
from the treatment of
wastewaters from wood
preserving processes
that use creosote and/or
pentachlorophenol.
Inorganic pigments:
K002......................... Wastewater treatment (T)
sludge from the
production of chrome
yellow and orange
pigments.
K003......................... Wastewater treatment (T)
sludge from the
production of molybdate
orange pigments.
K004......................... Wastewater treatment (T)
sludge from the
production of zinc
yellow pigments.
K005......................... Wastewater treatment (T)
sludge from the
production of chrome
green pigments.
K006......................... Wastewater treatment (T)
sludge from the
production of chrome
oxide green pigments
(anhydrous and hydrated).
K007......................... Wastewater treatment (T)
sludge from the
production of iron blue
pigments.
K008......................... Oven residue from the (T)
production of chrome
oxide green pigments.
Organic chemicals:
K009......................... Distillation bottoms from (T)
the production of
acetaldehyde from
ethylene.
K010......................... Distillation side cuts (T)
from the production of
acetaldehyde from
ethylene.
K011......................... Bottom stream from the (R, T)
wastewater stripper in
the production of
acrylonitrile.
K013......................... Bottom stream from the (R, T)
acetonitrile column in
the production of
acrylonitrile.
K014......................... Bottoms from the (T)
acetonitrile
purification column in
the production of
acrylonitrile.
K015......................... Still bottoms from the (T)
distillation of benzyl
chloride.
K016......................... Heavy ends or (T)
distillation residues
from the production of
carbon tetrachloride.
K017......................... Heavy ends (still (T)
bottoms) from the
purification column in
the production of
epichlorohydrin.
K018......................... Heavy ends from the (T)
fractionation column in
ethyl chloride
production.
K019......................... Heavy ends from the (T)
distillation of ethylene
dichloride in ethylene
dichloride production.
K020......................... Heavy ends from the (T)
distillation of vinyl
chloride in vinyl
chloride monomer
production.
K021......................... Aqueous spent antimony (T)
catalyst waste from
fluoromethanes
production.
K022......................... Distillation bottom tars (T)
from the production of
phenol/acetone from
cumene.
K023......................... Distillation light ends (T)
from the production of
phthalic anhydride from
naphthalene.
K024......................... Distillation bottoms from (T)
the production of
phthalic anhydride from
naphthalene.
K025......................... Distillation bottoms from (T)
the production of
nitrobenzene by the
nitration of benzene.
K026......................... Stripping still tails (T)
from the production of
methy ethyl pyridines.
K027......................... Centrifuge and (R, T)
distillation residues
from toluene
diisocyanate production.
K028......................... Spent catalyst from the (T)
hydrochlorinator reactor
in the production of
1,1,1-trichloroethane.
K029......................... Waste from the product (T)
steam stripper in the
production of 1,1,1-
trichloroethane.
K030......................... Column bottoms or heavy (T)
ends from the combined
production of
trichloroethylene and
perchloroethylene.
K083......................... Distillation bottoms from (T)
aniline production.
K085......................... Distillation or (T)
fractionation column
bottoms from the
production of
chlorobenzenes.
K093......................... Distillation light ends (T)
from the production of
phthalic anhydride from
ortho-xylene.
K094......................... Distillation bottoms from (T)
the production of
phthalic anhydride from
ortho-xylene.
K095......................... Distillation bottoms from (T)
the production of 1,1,1-
trichloroethane.
[[Page 60]]
K096......................... Heavy ends from the heavy (T)
ends column from the
production of 1,1,1-
trichloroethane.
K103......................... Process residues from (T)
aniline extraction from
the production of
aniline.
K104......................... Combined wastewater (T)
streams generated from
nitrobenzene/aniline
production.
K105......................... Separated aqueous stream (T)
from the reactor product
washing step in the
production of
chlorobenzenes.
K107......................... Column bottoms from (C,T)
product separation from
the production of 1,1-
dimethyl-hydrazine
(UDMH) from carboxylic
acid hydrazines.
K108......................... Condensed column (I,T)
overheads from product
separation and condensed
reactor vent gases from
the production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
K109......................... Spent filter cartridges (T)
from product
purification from the
production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
K110......................... Condensed column (T)
overheads from
intermediate separation
from the production of
1,1-dimethylhydrazine
(UDMH) from carboxylic
acid hydrazides.
K111......................... Product washwaters from (C,T)
the production of
dinitrotoluene via
nitration of toluene.
K112......................... Reaction by-product water (T)
from the drying column
in the production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K113......................... Condensed liquid light (T)
ends from the
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K114......................... Vicinals from the (T)
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K115......................... Heavy ends from the (T)
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K116......................... Organic condensate from (T)
the solvent recovery
column in the production
of toluene diisocyanate
via phosgenation of
toluenediamine.
K117......................... Wastewater from the (T)
reactor vent gas
scrubber in the
production of ethylene
dibromide via
bromination of ethene.
K118......................... Spent adsorbent solids (T)
from purification of
ethylene dibromide in
the production of
ethylene dibromide via
bromination of ethene.
K136......................... Still bottoms from the (T)
purification of ethylene
dibromide in the
production of ethylene
dibromide via
bromination of ethene.
K149......................... Distillation bottoms from (T)
the production of alpha-
(or methyl-) chlorinated
toluenes, ring-
chlorinated toluenes,
benzoyl chlorides, and
compounds with mixtures
of these functional
groups, (This waste does
not include still
bottoms from the
distillation of benzyl
chloride.).
K150......................... Organic residuals, (T)
excluding spent carbon
adsorbent, from the
spent chlorine gas and
hydrochloric acid
recovery processes
associated with the
production of alpha- (or
methyl-) chlorinated
toluenes, ring-
chlorinated toluenes,
benzoyl chlorides, and
compounds with mixtures
of these functional
groups.
K151......................... Wastewater treatment (T)
sludges, excluding
neutralization and
biological sludges,
generated during the
treatment of wastewaters
from the production of
alpha- (or methyl-)
chlorinated toluenes,
ring-chlorinated
toluenes, benzoyl
chlorides, and compounds
with mixtures of these
functional groups.
K156......................... Organic waste (including (T)
heavy ends, still
bottoms, light ends,
spent solvents,
filtrates, and
decantates) from the
production of carbamates
and carbamoyl oximes.
(This listing does not
apply to wastes
generated from the
manufacture of 3-iodo-2-
propynyl n-
butylcarbamate.).
K157......................... Wastewaters (including (T)
scrubber waters,
condenser waters,
washwaters, and
separation waters) from
the production of
carbamates and carbamoyl
oximes. (This listing
does not apply to wastes
generated from the
manufacture of 3-iodo-2-
propynyl n-
butylcarbamate.).
K158......................... Bag house dusts and (T)
filter/separation solids
from the production of
carbamates and carbamoyl
oximes. (This listing
does not apply to wastes
generated from the
manufacture of 3-iodo-2-
propynyl n-
butylcarbamate.).
K159......................... Organics from the (T)
treatment of
thiocarbamate wastes.
K161......................... Purification solids (R,T)
(including filtration,
evaporation, and
centrifugation solids),
bag house dust and floor
sweepings from the
production of
dithiocarbamate acids
and their salts. (This
listing does not include
K125 or K126.).
Inorganic chemicals:
K071......................... Brine purification muds (T)
from the mercury cell
process in chlorine
production, where
separately prepurified
brine is not used.
K073......................... Chlorinated hydrocarbon (T)
waste from the
purification step of the
diaphragm cell process
using graphite anodes in
chlorine production.
K106......................... Wastewater treatment (T)
sludge from the mercury
cell process in chlorine
production.
Pesticides:
K031......................... By-product salts (T)
generated in the
production of MSMA and
cacodylic acid.
K032......................... Wastewater treatment (T)
sludge from the
production of chlordane.
K033......................... Wastewater and scrub (T)
water from the
chlorination of
cyclopentadiene in the
production of chlordane.
K034......................... Filter solids from the (T)
filtration of
hexachlorocyclopentadien
e in the production of
chlordane.
K035......................... Wastewater treatment (T)
sludges generated in the
production of creosote.
K036......................... Still bottoms from (T)
toluene reclamation
distillation in the
production of disulfoton.
[[Page 61]]
K037......................... Wastewater treatment (T)
sludges from the
production of disulfoton.
K038......................... Wastewater from the (T)
washing and stripping of
phorate production.
K039......................... Filter cake from the (T)
filtration of
diethylphosphorodithioic
acid in the production
of phorate.
K040......................... Wastewater treatment (T)
sludge from the
production of phorate.
K041......................... Wastewater treatment (T)
sludge from the
production of toxaphene.
K042......................... Heavy ends or (T)
distillation residues
from the distillation of
tetrachlorobenzene in
the production of 2,4,5-
T.
K043......................... 2,6-Dichlorophenol waste (T)
from the production of
2,4-D.
K097......................... Vacuum stripper discharge (T)
from the chlordane
chlorinator in the
production of chlordane.
K098......................... Untreated process (T)
wastewater from the
production of toxaphene.
K099......................... Untreated wastewater from (T)
the production of 2,4-D.
K123......................... Process wastewater (T)
(including supernates,
filtrates, and
washwaters) from the
production of
ethylenebisdithiocarbami
c acid and its salt.
K124......................... Reactor vent scrubber (C, T)
water from the
production of
ethylenebisdithiocarbami
c acid and its salts.
K125......................... Filtration, evaporation, (T)
and centrifugation
solids from the
production of
ethylenebisdithiocarbami
c acid and its salts.
K126......................... Baghouse dust and floor (T)
sweepings in milling and
packaging operations
from the production or
formulation of
ethylenebisdithiocarbami
c acid and its salts.
K131......................... Wastewater from the (C, T)
reactor and spent
sulfuric acid from the
acid dryer from the
production of methyl
bromide.
K132......................... Spent absorbent and (T)
wastewater separator
solids from the
production of methyl
bromide.
Explosives:
K044......................... Wastewater treatment (R)
sludges from the
manufacturing and
processing of explosives.
K045......................... Spent carbon from the (R)
treatment of wastewater
containing explosives.
K046......................... Wastewater treatment (T)
sludges from the
manufacturing,
formulation and loading
of lead-based initiating
compounds.
K047......................... Pink/red water from TNT (R)
operations.
Petroleum refining:
K048......................... Dissolved air flotation (T)
(DAF) float from the
petroleum refining
industry.
K049......................... Slop oil emulsion solids (T)
from the petroleum
refining industry.
K050......................... Heat exchanger bundle (T)
cleaning sludge from the
petroleum refining
industry.
K051......................... API separator sludge from (T)
the petroleum refining
industry.
K052......................... Tank bottoms (leaded) (T)
from the petroleum
refining industry.
K169......................... Crude oil storage tank (T)
sediment from petroleum
refining operations.
K170......................... Clarified slurry oil tank (T)
sediment and/or in-line
filter/separation solids
from petroleum refining
operations.
K171......................... Spent Hydrotreating (I,T)
catalyst from petroleum
refining operations,
including guard beds
used to desulfurize
feeds to other catalytic
reactors (this listing
does not include inert
support media).
K172......................... Spent Hydrorefining (I,T)
catalyst from petroleum
refining operations,
including guard beds
used to desulfurize
feeds to other catalytic
reactors (this listing
does not include inert
support media).
Iron and steel:
K061......................... Emission control dust/ (T)
sludge from the primary
production of steel in
electric furnaces.
K062......................... Spent pickle liquor (C,T)
generated by steel
finishing operations of
facilities within the
iron and steel industry
(SIC Codes 331 and 332).
Primary copper:
Primary lead:
Primary zinc:
Primary aluminum:
K088......................... Spent potliners from (T)
primary aluminum
reduction.
Ferroalloys:
Secondary lead:
K069......................... Emission control dust/ (T)
sludge from secondary
lead smelting. (Note:
This listing is stayed
administratively for
sludge generated from
secondary acid scrubber
systems. The stay will
remain in effect until
further administrative
action is taken. If EPA
takes further action
effecting this stay, EPA
will publish a notice of
the action in the
Federal Register.
K100......................... Waste leaching solution (T)
from acid leaching of
emission control dust/
sludge from secondary
lead smelting.
Veterinary pharmaceuticals:
K084......................... Wastewater treatment (T)
sludges generated during
the production of
veterinary
pharmaceuticals from
arsenic or organo-
arsenic compounds.
K101......................... Distillation tar residues (T)
from the distillation of
aniline-based compounds
in the production of
veterinary
pharmaceuticals from
arsenic or organo-
arsenic compounds.
K102......................... Residue from the use of (T)
activated carbon for
decolorization in the
production of veterinary
pharmaceuticals from
arsenic or organo-
arsenic compounds.
[[Page 62]]
Ink formulation:
K086......................... Solvent washes and (T)
sludges, caustic washes
and sludges, or water
washes and sludges from
cleaning tubs and
equipment used in the
formulation of ink from
pigments, driers, soaps,
and stabilizers
containing chromium and
lead.
Coking:
K060......................... Ammonia still lime sludge (T)
from coking operations.
K087......................... Decanter tank tar sludge (T)
from coking operations.
K141......................... Process residues from the (T)
recovery of coal tar,
including, but not
limited to, collecting
sump residues from the
production of coke from
coal or the recovery of
coke by-products
produced from coal. This
listing does not include
K087 (decanter tank tar
sludges from coking
operations).
K142......................... Tar storage tank residues (T)
from the production of
coke from coal or from
the recovery of coke by-
products produced from
coal.
K143......................... Process residues from the (T)
recovery of light oil,
including, but not
limited to, those
generated in stills,
decanters, and wash oil
recovery units from the
recovery of coke by-
products produced from
coal.
K144......................... Wastewater sump residues (T)
from light oil refining,
including, but not
limited to, intercepting
or contamination sump
sludges from the
recovery of coke by-
products produced from
coal.
K145......................... Residues from naphthalene (T)
collection and recovery
operations from the
recovery of coke by-
products produced from
coal.
K147......................... Tar storage tank residues (T)
from coal tar refining.
K148......................... Residues from coal tar (T)
distillation, including
but not limited to,
still bottoms.
------------------------------------------------------------------------
[46 FR 4618, Jan. 16, 1981]
Editorial Note: For Federal Register citations affecting
Sec. 261.32, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 261.33 Discarded commercial chemical products, off-specification
species, container residues, and spill residues thereof.
The following materials or items are hazardous wastes if and when
they are discarded or intended to be discarded as described in
Sec. 261.2(a)(2)(i), when they are mixed with waste oil or used oil or
other material and applied to the land for dust suppression or road
treatment, when they are otherwise applied to the land in lieu of their
original intended use or when they are contained in products that are
applied to the land in lieu of their original intended use, or when, in
lieu of their original intended use, they are produced for use as (or as
a component of) a fuel, distributed for use as a fuel, or burned as a
fuel.
(a) Any commercial chemical product, or manufacturing chemical
intermediate having the generic name listed in paragraph (e) or (f) of
this section.
(b) Any off-specification commercial chemical product or
manufacturing chemical intermediate which, if it met specifications,
would have the generic name listed in paragraph (e) or (f) of this
section.
(c) Any residue remaining in a container or in an inner liner
removed from a container that has held any commercial chemical product
or manufacturing chemical intermediate having the generic name listed in
paragraphs (e) or (f) of this section, unless the container is empty as
defined in Sec. 261.7(b) of this chapter.
[Comment: Unless the residue is being beneficially used or reused, or
legitimately recycled or reclaimed; or being accumulated, stored,
transported or treated prior to such use, re-use, recycling or
reclamation, EPA considers the residue to be intended for discard, and
thus, a hazardous waste. An example of a legitimate re-use of the
residue would be where the residue remains in the container and the
container is used to hold the same commercial chemical product or
manufacturing chemical intermediate it previously held. An example of
the discard of the residue would be where the drum is sent to a drum
reconditioner who reconditions the drum but discards the residue.]
(d) Any residue or contaminated soil, water or other debris
resulting from the cleanup of a spill into or on any land or water of
any commercial chemical product or manufacturing chemical intermediate
having the generic name listed in paragraph (e) or (f) of
[[Page 63]]
this section, or any residue or contaminated soil, water or other debris
resulting from the cleanup of a spill, into or on any land or water, of
any off-specification chemical product and manufacturing chemical
intermediate which, if it met specifications, would have the generic
name listed in paragraph (e) or (f) of this section.
[Comment: The phrase ``commercial chemical product or manufacturing
chemical intermediate having the generic name listed in . . .'' refers
to a chemical substance which is manufactured or formulated for
commercial or manufacturing use which consists of the commercially pure
grade of the chemical, any technical grades of the chemical that are
produced or marketed, and all formulations in which the chemical is the
sole active ingredient. It does not refer to a material, such as a
manufacturing process waste, that contains any of the substances listed
in paragraph (e) or (f). Where a manufacturing process waste is deemed
to be a hazardous waste because it contains a substance listed in
paragraph (e) or (f), such waste will be listed in either Sec. 261.31 or
Sec. 261.32 or will be identified as a hazardous waste by the
characteristics set forth in subpart C of this part.]
(e) The commercial chemical products, manufacturing chemical
intermediates or off-specification commercial chemical products or
manufacturing chemical intermediates referred to in paragraphs (a)
through (d) of this section, are identified as acute hazardous wastes
(H) and are subject to be the small quantity exclusion defined in
Sec. 261.5(e).
[Comment: For the convenience of the regulated community the primary
hazardous properties of these materials have been indicated by the
letters T (Toxicity), and R (Reactivity). Absence of a letter indicates
that the compound only is listed for acute toxicity.]
These wastes and their corresponding EPA Hazardous Waste Numbers
are:
------------------------------------------------------------------------
Chemical
Hazardous waste abstracts Substance
No. No.
------------------------------------------------------------------------
P023 107-20-0 Acetaldehyde, chloro-
P002 591-08-2 Acetamide, N-(aminothioxomethyl)-
P057 640-19-7 Acetamide, 2-fluoro-
P058 62-74-8 Acetic acid, fluoro-, sodium salt
P002 591-08-2 1-Acetyl-2-thiourea
P003 107-02-8 Acrolein
P070 116-06-3 Aldicarb
P203 1646-88-4 Aldicarb sulfone.
P004 309-00-2 Aldrin
P005 107-18-6 Allyl alcohol
P006 20859-73-8 Aluminum phosphide (R,T)
P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol
P008 504-24-5 4-Aminopyridine
P009 131-74-8 Ammonium picrate (R)
P119 7803-55-6 Ammonium vanadate
P099 506-61-6 Argentate(1-), bis(cyano-C)-,
potassium
P010 7778-39-4 Arsenic acid H3 AsO4
P012 1327-53-3 Arsenic oxide As2 O3
P011 1303-28-2 Arsenic oxide As2 O5
P011 1303-28-2 Arsenic pentoxide
P012 1327-53-3 Arsenic trioxide
P038 692-42-2 Arsine, diethyl-
P036 696-28-6 Arsonous dichloride, phenyl-
P054 151-56-4 Aziridine
P067 75-55-8 Aziridine, 2-methyl-
P013 542-62-1 Barium cyanide
P024 106-47-8 Benzenamine, 4-chloro-
P077 100-01-6 Benzenamine, 4-nitro-
P028 100-44-7 Benzene, (chloromethyl)-
P042 51-43-4 1,2-Benzenediol, 4-[1-hydroxy-2-
(methylamino)ethyl]-, (R)-
P046 122-09-8 Benzeneethanamine, alpha,alpha-
dimethyl-
P014 108-98-5 Benzenethiol
P127 1563-66-2 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-, methylcarbamate.
P188 57-64-7 Benzoic acid, 2-hydroxy-, compd. with
(3aS-cis)-1,2,3,3a,8,8a-hexahydro-
1,3a,8-trimethylpyrrolo[2,3-b]indol-5-
yl methylcarbamate ester (1:1).
P001 \1\ 81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
oxo-1-phenylbutyl)-, & salts, when
present at concentrations greater
than 0.3%
P028 100-44-7 Benzyl chloride
P015 7440-41-7 Beryllium powder
P017 598-31-2 Bromoacetone
P018 357-57-3 Brucine
[[Page 64]]
P045 39196-18-4 2-Butanone, 3,3-dimethyl-1-
(methylthio)-,
O-[methylamino)carbonyl] oxime
P021 592-01-8 Calcium cyanide
P021 592-01-8 Calcium cyanide Ca(CN)2
P189 55285-14-8 Carbamic acid, [(dibutylamino)-
thio]methyl-, 2,3-dihydro-2,2-
dimethyl- 7-benzofuranyl ester.
P191 644-64-4 Carbamic acid, dimethyl-, 1-[(dimethyl-
amino)carbonyl]- 5-methyl-1H- pyrazol-
3-yl ester.
P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1-
(1-methylethyl)-1H- pyrazol-5-yl
ester.
P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl
ester.
P127 1563-66-2 Carbofuran.
P022 75-15-0 Carbon disulfide
P095 75-44-5 Carbonic dichloride
P189 55285-14-8 Carbosulfan.
P023 107-20-0 Chloroacetaldehyde
P024 106-47-8 p-Chloroaniline
P026 5344-82-1 1-(o-Chlorophenyl)thiourea
P027 542-76-7 3-Chloropropionitrile
P029 544-92-3 Copper cyanide
P029 544-92-3 Copper cyanide Cu(CN)
P202 64-00-6 m-Cumenyl methylcarbamate.
P030 ............ Cyanides (soluble cyanide salts), not
otherwise specified
P031 460-19-5 Cyanogen
P033 506-77-4 Cyanogen chloride
P033 506-77-4 Cyanogen chloride (CN)Cl
P034 131-89-5 2-Cyclohexyl-4,6-dinitrophenol
P016 542-88-1 Dichloromethyl ether
P036 696-28-6 Dichlorophenylarsine
P037 60-57-1 Dieldrin
P038 692-42-2 Diethylarsine
P041 311-45-5 Diethyl-p-nitrophenyl phosphate
P040 297-97-2 O,O-Diethyl O-pyrazinyl
phosphorothioate
P043 55-91-4 Diisopropylfluorophosphate (DFP)
P004 309-00-2 1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexa- chloro-
1,4,4a,5,8,8a,-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alpha,8
abeta)-
P060 465-73-6 1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexa- chloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5beta,8beta,8ab
eta)-
P037 60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta,6a
alpha,7beta, 7aalpha)-
P051 \1\ 72-20-8 2,7:3,6-Dimethanonaphth [2,3-
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2abeta,3alpha,6alpha,6
abeta,7beta, 7aalpha)-, & metabolites
P044 60-51-5 Dimethoate
P046 122-09-8 alpha,alpha-Dimethylphenethylamine
P191 644-64-4 Dimetilan.
P047 \1\ 534-52-1 4,6-Dinitro-o-cresol, & salts
P048 51-28-5 2,4-Dinitrophenol
P020 88-85-7 Dinoseb
P085 152-16-9 Diphosphoramide, octamethyl-
P111 107-49-3 Diphosphoric acid, tetraethyl ester
P039 298-04-4 Disulfoton
P049 541-53-7 Dithiobiuret
P185 26419-73-8 1,3-Dithiolane-2-carboxaldehyde, 2,4-
dimethyl-, O- [(methylamino)-
carbonyl]oxime.
P050 115-29-7 Endosulfan
P088 145-73-3 Endothall
P051 72-20-8 Endrin
P051 72-20-8 Endrin, & metabolites
P042 51-43-4 Epinephrine
P031 460-19-5 Ethanedinitrile
P194 23135-22-0 Ethanimidothioc acid, 2-
(dimethylamino)-N-[[(methylamino)
carbonyl]oxy]-2-oxo-, methyl ester.
P066 16752-77-5 Ethanimidothioic acid,
N-[[(methylamino)carbonyl]oxy]-,
methyl ester
P101 107-12-0 Ethyl cyanide
P054 151-56-4 Ethyleneimine
P097 52-85-7 Famphur
P056 7782-41-4 Fluorine
P057 640-19-7 Fluoroacetamide
P058 62-74-8 Fluoroacetic acid, sodium salt
P198 23422-53-9 Formetanate hydrochloride.
P197 17702-57-7 Formparanate.
P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T)
P059 76-44-8 Heptachlor
P062 757-58-4 Hexaethyl tetraphosphate
[[Page 65]]
P116 79-19-6 Hydrazinecarbothioamide
P068 60-34-4 Hydrazine, methyl-
P063 74-90-8 Hydrocyanic acid
P063 74-90-8 Hydrogen cyanide
P096 7803-51-2 Hydrogen phosphide
P060 465-73-6 Isodrin
P192 119-38-0 Isolan.
P202 64-00-6 3-Isopropylphenyl N-methylcarbamate.
P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)-
P196 15339-36-3 Manganese,
bis(dimethylcarbamodithioato-S,S')-,
P196 15339-36-3 Manganese dimethyldithiocarbamate.
P092 62-38-4 Mercury, (acetato-O)phenyl-
P065 628-86-4 Mercury fulminate (R,T)
P082 62-75-9 Methanamine, N-methyl-N-nitroso-
P064 624-83-9 Methane, isocyanato-
P016 542-88-1 Methane, oxybis[chloro-
P112 509-14-8 Methane, tetranitro- (R)
P118 75-70-7 Methanethiol, trichloro-
P198 23422-53-9 Methanimidamide, N,N-dimethyl-N'-[3-
[[(methylamino)-carbonyl]oxy]phenyl]-
, monohydrochloride.
P197 17702-57-7 Methanimidamide, N,N-dimethyl-N'-[2-
methyl-4-
[[(methylamino)carbonyl]oxy]phenyl]-
P050 115-29-7 6,9-Methano-2,4,3-benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-1,5,5a,6,9,9a-hexahydro-,
3-oxide
P059 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
heptachloro-
3a,4,7,7a-tetrahydro-
P199 2032-65-7 Methiocarb.
P066 16752-77-5 Methomyl
P068 60-34-4 Methyl hydrazine
P064 624-83-9 Methyl isocyanate
P069 75-86-5 2-Methyllactonitrile
P071 298-00-0 Methyl parathion
P190 1129-41-5 Metolcarb.
P128 315-8-4 Mexacarbate.
P072 86-88-4 alpha-Naphthylthiourea
P073 13463-39-3 Nickel carbonyl
P073 13463-39-3 Nickel carbonyl Ni(CO)4, (T-4)-
P074 557-19-7 Nickel cyanide
P074 557-19-7 Nickel cynaide Ni(CN)2
P075 \1\ 54-11-5 Nicotine, & salts
P076 10102-43-9 Nitric oxide
P077 100-01-6 p-Nitroaniline
P078 10102-44-0 Nitrogen dioxide
P076 10102-43-9 Nitrogen oxide NO
P078 10102-44-0 Nitrogen oxide NO2
P081 55-63-0 Nitroglycerine (R)
P082 62-75-9 N-Nitrosodimethylamine
P084 4549-40-0 N-Nitrosomethylvinylamine
P085 152-16-9 Octamethylpyrophosphoramide
P087 20816-12-0 Osmium oxide OsO4, (T-4)-
P087 20816-12-0 Osmium tetroxide
P088 145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3-
dicarboxylic acid
P194 23135-22-0 Oxamyl.
P089 56-38-2 Parathion
P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro-
P048 51-28-5 Phenol, 2,4-dinitro-
P047 \1\ 534-52-1 Phenol, 2-methyl-4,6-dinitro-, & salts
P020 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt
(R)
P128 315-18-4 Phenol, 4-(dimethylamino)-3,5-dimethyl-
, methylcarbamate (ester).
P199 2032-65-7 Phenol, (3,5-dimethyl-4-(methylthio)-,
methylcarbamate
P202 64-00-6 Phenol, 3-(1-methylethyl)-, methyl
carbamate.
P201 2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-,
methyl carbamate.
P092 62-38-4 Phenylmercury acetate
P093 103-85-5 Phenylthiourea
P094 298-02-2 Phorate
P095 75-44-5 Phosgene
P096 7803-51-2 Phosphine
P041 311-45-5 Phosphoric acid, diethyl 4-nitrophenyl
ester
P039 298-04-4 Phosphorodithioic acid, O,O-diethyl
S-[2-(ethylthio)ethyl] ester
P094 298-02-2 Phosphorodithioic acid, O,O-diethyl
S-[(ethylthio)methyl] ester
P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-
[2-(methylamino)-2-oxoethyl] ester
[[Page 66]]
P043 55-91-4 Phosphorofluoridic acid, bis(1-
methylethyl) ester
P089 56-38-2 Phosphorothioic acid, O,O-diethyl O-(4-
nitrophenyl) ester
P040 297-97-2 Phosphorothioic acid, O,O-diethyl O-
pyrazinyl ester
P097 52-85-7 Phosphorothioic acid,
O-[4-
[(dimethylamino)sulfonyl]phenyl] O,O-
dimethyl ester
P071 298-00-0 Phosphorothioic acid, O,O,-dimethyl O-
(4-nitrophenyl) ester
P204 57-47-6 Physostigmine.
P188 57-64-7 Physostigmine salicylate.
P110 78-00-2 Plumbane, tetraethyl-
P098 151-50-8 Potassium cyanide
P098 151-50-8 Potassium cyanide K(CN)
P099 506-61-6 Potassium silver cyanide
P201 2631-37-0 Promecarb
P070 116-06-3 Propanal, 2-methyl-2-(methylthio)-,
O-[(methylamino)carbonyl]oxime
P203 1646-88-4 Propanal, 2-methyl-2-(methyl-sulfonyl)-
, O-[(methylamino)carbonyl] oxime.
P101 107-12-0 Propanenitrile
P027 542-76-7 Propanenitrile, 3-chloro-
P069 75-86-5 Propanenitrile, 2-hydroxy-2-methyl-
P081 55-63-0 1,2,3-Propanetriol, trinitrate (R)
P017 598-31-2 2-Propanone, 1-bromo-
P102 107-19-7 Propargyl alcohol
P003 107-02-8 2-Propenal
P005 107-18-6 2-Propen-1-ol
P067 75-55-8 1,2-Propylenimine
P102 107-19-7 2-Propyn-1-ol
P008 504-24-5 4-Pyridinamine
P075 \1\ 54-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
, (S)-, & salts
P204 57-47-6 Pyrrolo[2,3-b]indol-5-ol,
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-,
methylcarbamate (ester), (3aS-cis)-.
P114 12039-52-0 Selenious acid, dithallium(1+) salt
P103 630-10-4 Selenourea
P104 506-64-9 Silver cyanide
P104 506-64-9 Silver cyanide Ag(CN)
P105 26628-22-8 Sodium azide
P106 143-33-9 Sodium cyanide
P106 143-33-9 Sodium cyanide Na(CN)
P108 \1\ 57-24-9 Strychnidin-10-one, & salts
P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxy-
P108 \1\ 57-24-9 Strychnine, & salts
P115 7446-18-6 Sulfuric acid, dithallium(1+) salt
P109 3689-24-5 Tetraethyldithiopyrophosphate
P110 78-00-2 Tetraethyl lead
P111 107-49-3 Tetraethyl pyrophosphate
P112 509-14-8 Tetranitromethane (R)
P062 757-58-4 Tetraphosphoric acid, hexaethyl ester
P113 1314-32-5 Thallic oxide
P113 1314-32-5 Thallium oxide Tl2 O3
P114 12039-52-0 Thallium(I) selenite
P115 7446-18-6 Thallium(I) sulfate
P109 3689-24-5 Thiodiphosphoric acid, tetraethyl
ester
P045 39196-18-4 Thiofanox
P049 541-53-7 Thioimidodicarbonic diamide [(H2
N)C(S)]2 NH
P014 108-98-5 Thiophenol
P116 79-19-6 Thiosemicarbazide
P026 5344-82-1 Thiourea, (2-chlorophenyl)-
P072 86-88-4 Thiourea, 1-naphthalenyl-
P093 103-85-5 Thiourea, phenyl-
P185 26419-73-8 Tirpate.
P123 8001-35-2 Toxaphene
P118 75-70-7 Trichloromethanethiol
P119 7803-55-6 Vanadic acid, ammonium salt
P120 1314-62-1 Vanadium oxide V2 O5
P120 1314-62-1 Vanadium pentoxide
P084 4549-40-0 Vinylamine, N-methyl-N-nitroso-
P001 \1\ 81-81-2 Warfarin, & salts, when present at
concentrations greater than 0.3%
P205 137-30-4 Zinc, bis(dimethylcarbamodithioato-
S,S')-,
P121 557-21-1 Zinc cyanide
P121 557-21-1 Zinc cyanide Zn(CN)2
P122 1314-84-7 Zinc phosphide Zn3 P2, when present at
concentrations greater than 10% (R,T)
P205 137-30-4 Ziram.
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.
[[Page 67]]
(f) The commercial chemical products, manfacturing chemical
intermediates, or off-specification commercial chemical products
referred to in paragraphs (a) through (d) of this section, are
identified as toxic wastes (T), unless otherwise designated and are
subject to the small quantity generator exclusion defined in Sec. 261.5
(a) and (g).
[Comment: For the convenience of the regulated community, the primary
hazardous properties of these materials have been indicated by the
letters T (Toxicity), R (Reactivity), I (Ignitability) and C
(Corrosivity). Absence of a letter indicates that the compound is only
listed for toxicity.]
These wastes and their corresponding EPA Hazardous Waste Numbers
are:
------------------------------------------------------------------------
Chemical
Hazardous waste abstracts Substance
No. No.
------------------------------------------------------------------------
U394 30558-43-1 A2213.
U001 75-07-0 Acetaldehyde (I)
U034 75-87-6 Acetaldehyde, trichloro-
U187 62-44-2 Acetamide, N-(4-ethoxyphenyl)-
U005 53-96-3 Acetamide, N-9H-fluoren-2-yl-
U240 \1\ 94-75-7 Acetic acid, (2,4-dichlorophenoxy)-,
salts & esters
U112 141-78-6 Acetic acid ethyl ester (I)
U144 301-04-2 Acetic acid, lead(2+) salt
U214 563-68-8 Acetic acid, thallium(1+) salt
see F027 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-
U002 67-64-1 Acetone (I)
U003 75-05-8 Acetonitrile (I,T)
U004 98-86-2 Acetophenone
U005 53-96-3 2-Acetylaminofluorene
U006 75-36-5 Acetyl chloride (C,R,T)
U007 79-06-1 Acrylamide
U008 79-10-7 Acrylic acid (I)
U009 107-13-1 Acrylonitrile
U011 61-82-5 Amitrole
U012 62-53-3 Aniline (I,T)
U136 75-60-5 Arsinic acid, dimethyl-
U014 492-80-8 Auramine
U015 115-02-6 Azaserine
U010 50-07-7 Azirino[2,3:3,4]pyrrolo[1,2-a]indole-
4,7-dione, 6-amino-8-
[[(aminocarbonyl)oxy]methyl]-
1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-
methyl-, [1aS-(1aalpha,
8beta,8aalpha,8balpha)]-
U280 101-27-9 Barban.
U278 22781-23-3 Bendiocarb.
U364 22961-82-6 Bendiocarb phenol.
U271 17804-35-2 Benomyl.
U157 56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-
methyl-
U016 225-51-4 Benz[c]acridine
U017 98-87-3 Benzal chloride
U192 23950-58-5 Benzamide, 3,5-dichloro-N-(1,1-
dimethyl-2-propynyl)-
U018 56-55-3 Benz[a]anthracene
U094 57-97-6 Benz[a]anthracene, 7,12-dimethyl-
U012 62-53-3 Benzenamine (I,T)
U014 492-80-8 Benzenamine, 4,4-carbonimidoylbis[N,N-
dimethyl-
U049 3165-93-3 Benzenamine, 4-chloro-2-methyl-,
hydrochloride
U093 60-11-7 Benzenamine, N,N-dimethyl-4-
(phenylazo)-
U328 95-53-4 Benzenamine, 2-methyl-
U353 106-49-0 Benzenamine, 4-methyl-
U158 101-14-4 Benzenamine, 4,4-methylenebis[2-chloro-
U222 636-21-5 Benzenamine, 2-methyl-, hydrochloride
U181 99-55-8 Benzenamine, 2-methyl-5-nitro-
U019 71-43-2 Benzene (I,T)
U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4-
chlorophenyl)-alpha-hydroxy-, ethyl
ester
U030 101-55-3 Benzene, 1-bromo-4-phenoxy-
U035 305-03-3 Benzenebutanoic acid, 4-[bis(2-
chloroethyl)amino]-
U037 108-90-7 Benzene, chloro-
U221 25376-45-8 Benzenediamine, ar-methyl-
U028 117-81-7 1,2-Benzenedicarboxylic acid, bis(2-
ethylhexyl) ester
U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl
ester
U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl
ester
U102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl
ester
U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl
ester
U070 95-50-1 Benzene, 1,2-dichloro-
U071 541-73-1 Benzene, 1,3-dichloro-
U072 106-46-7 Benzene, 1,4-dichloro-
[[Page 68]]
U060 72-54-8 Benzene, 1,1-(2,2-
dichloroethylidene)bis[4-chloro-
U017 98-87-3 Benzene, (dichloromethyl)-
U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl- (R,T)
U239 1330-20-7 Benzene, dimethyl- (I,T)
U201 108-46-3 1,3-Benzenediol
U127 118-74-1 Benzene, hexachloro-
U056 110-82-7 Benzene, hexahydro- (I)
U220 108-88-3 Benzene, methyl-
U105 121-14-2 Benzene, 1-methyl-2,4-dinitro-
U106 606-20-2 Benzene, 2-methyl-1,3-dinitro-
U055 98-82-8 Benzene, (1-methylethyl)- (I)
U169 98-95-3 Benzene, nitro-
U183 608-93-5 Benzene, pentachloro-
U185 82-68-8 Benzene, pentachloronitro-
U020 98-09-9 Benzenesulfonic acid chloride (C,R)
U020 98-09-9 Benzenesulfonyl chloride (C,R)
U207 95-94-3 Benzene, 1,2,4,5-tetrachloro-
U061 50-29-3 Benzene, 1,1-(2,2,2-
trichloroethylidene)bis[4-chloro-
U247 72-43-5 Benzene, 1,1-(2,2,2-
trichloroethylidene)bis[4- methoxy-
U023 98-07-7 Benzene, (trichloromethyl)-
U234 99-35-4 Benzene, 1,3,5-trinitro-
U021 92-87-5 Benzidine
U202 \1\ 81-07-2 1,2-Benzisothiazol-3(2H)-one, 1,1-
dioxide, & salts
U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
methyl carbamate.
U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-
U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-
U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-
U090 94-58-6 1,3-Benzodioxole, 5-propyl-
U064 189-55-9 Benzo[rst]pentaphene
U248 \1\81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
oxo-1-phenyl-butyl)-, & salts, when
present at concentrations of 0.3% or
less
U022 50-32-8 Benzo[a]pyrene
U197 106-51-4 p-Benzoquinone
U023 98-07-7 Benzotrichloride (C,R,T)
U085 1464-53-5 2,2-Bioxirane
U021 92-87-5 [1,1-Biphenyl]-4,4-diamine
U073 91-94-1 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
dichloro-
U091 119-90-4 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
dimethoxy-
U095 119-93-7 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
dimethyl-
U225 75-25-2 Bromoform
U030 101-55-3 4-Bromophenyl phenyl ether
U128 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U172 924-16-3 1-Butanamine, N-butyl-N-nitroso-
U031 71-36-3 1-Butanol (I)
U159 78-93-3 2-Butanone (I,T)
U160 1338-23-4 2-Butanone, peroxide (R,T)
U053 4170-30-3 2-Butenal
U074 764-41-0 2-Butene, 1,4-dichloro- (I,T)
U143 303-34-4 2-Butenoic acid, 2-methyl-, 7-[[2,3-
dihydroxy-
2-(1-methoxyethyl)-3-methyl-1-
oxobutoxy]methyl]-
2,3,5,7a-tetrahydro-1H-pyrrolizin-1-
yl ester,
[1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U031 71-36-3 n-Butyl alcohol (I)
U136 75-60-5 Cacodylic acid
U032 13765-19-0 Calcium chromate
U372 10605-21-7 Carbamic acid, 1H-benzimidazol-2-yl,
methyl ester.
U271 17804-35-2 Carbamic acid, [1-
[(butylamino)carbonyl]-1H-
benzimidazol-2-yl]-, methyl ester.
U280 101-27-9 Carbamic acid, (3-chlorophenyl)-, 4-
chloro-2-butynyl ester.
U238 51-79-6 Carbamic acid, ethyl ester
U178 615-53-2 Carbamic acid, methylnitroso-, ethyl
ester
U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl
ester.
U409 23564-05-8 Carbamic acid, [1,2-phenylenebis
(iminocarbonothioyl)]bis-, dimethyl
ester.
U097 79-44-7 Carbamic chloride, dimethyl-
U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3,3-trichloro-2-propenyl)
ester.
U387 52888-80-9 Carbamothioic acid, dipropyl-, S-
(phenylmethyl) ester.
U114 \1\ 111-54-6 Carbamodithioic acid, 1,2-
ethanediylbis-,
salts & esters
U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3-dichloro-2-propenyl) ester
U279 63-25-2 Carbaryl.
U372 10605-21-7 Carbendazim.
U367 1563-38-8 Carbofuran phenol.
[[Page 69]]
U215 6533-73-9 Carbonic acid, dithallium(1+) salt
U033 353-50-4 Carbonic difluoride
U156 79-22-1 Carbonochloridic acid, methyl ester
(I,T)
U033 353-50-4 Carbon oxyfluoride (R,T)
U211 56-23-5 Carbon tetrachloride
U034 75-87-6 Chloral
U035 305-03-3 Chlorambucil
U036 57-74-9 Chlordane, alpha & gamma isomers
U026 494-03-1 Chlornaphazin
U037 108-90-7 Chlorobenzene
U038 510-15-6 Chlorobenzilate
U039 59-50-7 p-Chloro-m-cresol
U042 110-75-8 2-Chloroethyl vinyl ether
U044 67-66-3 Chloroform
U046 107-30-2 Chloromethyl methyl ether
U047 91-58-7 beta-Chloronaphthalene
U048 95-57-8 o-Chlorophenol
U049 3165-93-3 4-Chloro-o-toluidine, hydrochloride
U032 13765-19-0 Chromic acid H2 CrO4, calcium salt
U050 218-01-9 Chrysene
U051 ............ Creosote
U052 1319-77-3 Cresol (Cresylic acid)
U053 4170-30-3 Crotonaldehyde
U055 98-82-8 Cumene (I)
U246 506-68-3 Cyanogen bromide (CN)Br
U197 106-51-4 2,5-Cyclohexadiene-1,4-dione
U056 110-82-7 Cyclohexane (I)
U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-,
(1alpha,2alpha,3beta,4alpha,5alpha,6
beta)-
U057 108-94-1 Cyclohexanone (I)
U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-
hexachloro-
U058 50-18-0 Cyclophosphamide
U240 \1\ 94-75-7 2,4-D, salts & esters
U059 20830-81-3 Daunomycin
U060 72-54-8 DDD
U061 50-29-3 DDT
U062 2303-16-4 Diallate
U063 53-70-3 Dibenz[a,h]anthracene
U064 189-55-9 Dibenzo[a,i]pyrene
U066 96-12-8 1,2-Dibromo-3-chloropropane
U069 84-74-2 Dibutyl phthalate
U070 95-50-1 o-Dichlorobenzene
U071 541-73-1 m-Dichlorobenzene
U072 106-46-7 p-Dichlorobenzene
U073 91-94-1 3,3'-Dichlorobenzidine
U074 764-41-0 1,4-Dichloro-2-butene (I,T)
U075 75-71-8 Dichlorodifluoromethane
U078 75-35-4 1,1-Dichloroethylene
U079 156-60-5 1,2-Dichloroethylene
U025 111-44-4 Dichloroethyl ether
U027 108-60-1 Dichloroisopropyl ether
U024 111-91-1 Dichloromethoxy ethane
U081 120-83-2 2,4-Dichlorophenol
U082 87-65-0 2,6-Dichlorophenol
U084 542-75-6 1,3-Dichloropropene
U085 1464-53-5 1,2:3,4-Diepoxybutane (I,T)
U108 123-91-1 1,4-Diethyleneoxide
U028 117-81-7 Diethylhexyl phthalate
U395 5952-26-1 Diethylene glycol, dicarbamate.
U086 1615-80-1 N,N'-Diethylhydrazine
U087 3288-58-2 O,O-Diethyl S-methyl dithiophosphate
U088 84-66-2 Diethyl phthalate
U089 56-53-1 Diethylstilbesterol
U090 94-58-6 Dihydrosafrole
U091 119-90-4 3,3'-Dimethoxybenzidine
U092 124-40-3 Dimethylamine (I)
U093 60-11-7 p-Dimethylaminoazobenzene
U094 57-97-6 7,12-Dimethylbenz[a]anthracene
U095 119-93-7 3,3'-Dimethylbenzidine
U096 80-15-9 alpha,alpha-
Dimethylbenzylhydroperoxide (R)
U097 79-44-7 Dimethylcarbamoyl chloride
U098 57-14-7 1,1-Dimethylhydrazine
[[Page 70]]
U099 540-73-8 1,2-Dimethylhydrazine
U101 105-67-9 2,4-Dimethylphenol
U102 131-11-3 Dimethyl phthalate
U103 77-78-1 Dimethyl sulfate
U105 121-14-2 2,4-Dinitrotoluene
U106 606-20-2 2,6-Dinitrotoluene
U107 117-84-0 Di-n-octyl phthalate
U108 123-91-1 1,4-Dioxane
U109 122-66-7 1,2-Diphenylhydrazine
U110 142-84-7 Dipropylamine (I)
U111 621-64-7 Di-n-propylnitrosamine
U041 106-89-8 Epichlorohydrin
U001 75-07-0 Ethanal (I)
U404 121-44-8 Ethanamine, N,N-diethyl-
U174 55-18-5 Ethanamine, N-ethyl-N-nitroso-
U155 91-80-5 1,2-Ethanediamine, N,N-dimethyl-N'-2-
pyridinyl-N'-(2-thienylmethyl)-
U067 106-93-4 Ethane, 1,2-dibromo-
U076 75-34-3 Ethane, 1,1-dichloro-
U077 107-06-2 Ethane, 1,2-dichloro-
U131 67-72-1 Ethane, hexachloro-
U024 111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-
chloro-
U117 60-29-7 Ethane, 1,1'-oxybis-(I)
U025 111-44-4 Ethane, 1,1'-oxybis[2-chloro-
U184 76-01-7 Ethane, pentachloro-
U208 630-20-6 Ethane, 1,1,1,2-tetrachloro-
U209 79-34-5 Ethane, 1,1,2,2-tetrachloro-
U218 62-55-5 Ethanethioamide
U226 71-55-6 Ethane, 1,1,1-trichloro-
U227 79-00-5 Ethane, 1,1,2-trichloro-
U410 59669-26-0 Ethanimidothioic acid, N,N'-
[thiobis[(methylimino)carbonyloxy]]bi
s-, dimethyl ester
U394 30558-43-1 Ethanimidothioic acid, 2-
(dimethylamino)-N-hydroxy-2-oxo-,
methyl ester.
U359 110-80-5 Ethanol, 2-ethoxy-
U173 1116-54-7 Ethanol, 2,2'-(nitrosoimino)bis-
U395 5952-26-1 Ethanol, 2,2'-oxybis-, dicarbamate.
U004 98-86-2 Ethanone, 1-phenyl-
U043 75-01-4 Ethene, chloro-
U042 110-75-8 Ethene, (2-chloroethoxy)-
U078 75-35-4 Ethene, 1,1-dichloro-
U079 156-60-5 Ethene, 1,2-dichloro-, (E)-
U210 127-18-4 Ethene, tetrachloro-
U228 79-01-6 Ethene, trichloro-
U112 141-78-6 Ethyl acetate (I)
U113 140-88-5 Ethyl acrylate (I)
U238 51-79-6 Ethyl carbamate (urethane)
U117 60-29-7 Ethyl ether (I)
U114 \1\ 111-54-6 Ethylenebisdithiocarbamic acid, salts
& esters
U067 106-93-4 Ethylene dibromide
U077 107-06-2 Ethylene dichloride
U359 110-80-5 Ethylene glycol monoethyl ether
U115 75-21-8 Ethylene oxide (I,T)
U116 96-45-7 Ethylenethiourea
U076 75-34-3 Ethylidene dichloride
U118 97-63-2 Ethyl methacrylate
U119 62-50-0 Ethyl methanesulfonate
U120 206-44-0 Fluoranthene
U122 50-00-0 Formaldehyde
U123 64-18-6 Formic acid (C,T)
U124 110-00-9 Furan (I)
U125 98-01-1 2-Furancarboxaldehyde (I)
U147 108-31-6 2,5-Furandione
U213 109-99-9 Furan, tetrahydro-(I)
U125 98-01-1 Furfural (I)
U124 110-00-9 Furfuran (I)
U206 18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3-
nitrosoureido)-, D-
U206 18883-66-4 D-Glucose, 2-deoxy-2-
[[(methylnitrosoamino)-
carbonyl]amino]-
U126 765-34-4 Glycidylaldehyde
U163 70-25-7 Guanidine, N-methyl-N'-nitro-N-nitroso-
U127 118-74-1 Hexachlorobenzene
U128 87-68-3 Hexachlorobutadiene
U130 77-47-4 Hexachlorocyclopentadiene
U131 67-72-1 Hexachloroethane
[[Page 71]]
U132 70-30-4 Hexachlorophene
U243 1888-71-7 Hexachloropropene
U133 302-01-2 Hydrazine (R,T)
U086 1615-80-1 Hydrazine, 1,2-diethyl-
U098 57-14-7 Hydrazine, 1,1-dimethyl-
U099 540-73-8 Hydrazine, 1,2-dimethyl-
U109 122-66-7 Hydrazine, 1,2-diphenyl-
U134 7664-39-3 Hydrofluoric acid (C,T)
U134 7664-39-3 Hydrogen fluoride (C,T)
U135 7783-06-4 Hydrogen sulfide
U135 7783-06-4 Hydrogen sulfide H2 S
U096 80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl-
(R)
U116 96-45-7 2-Imidazolidinethione
U137 193-39-5 Indeno[1,2,3-cd]pyrene
U190 85-44-9 1,3-Isobenzofurandione
U140 78-83-1 Isobutyl alcohol (I,T)
U141 120-58-1 Isosafrole
U142 143-50-0 Kepone
U143 303-34-4 Lasiocarpine
U144 301-04-2 Lead acetate
U146 1335-32-6 Lead, bis(acetato-O)tetrahydroxytri-
U145 7446-27-7 Lead phosphate
U146 1335-32-6 Lead subacetate
U129 58-89-9 Lindane
U163 70-25-7 MNNG
U147 108-31-6 Maleic anhydride
U148 123-33-1 Maleic hydrazide
U149 109-77-3 Malononitrile
U150 148-82-3 Melphalan
U151 7439-97-6 Mercury
U152 126-98-7 Methacrylonitrile (I, T)
U092 124-40-3 Methanamine, N-methyl- (I)
U029 74-83-9 Methane, bromo-
U045 74-87-3 Methane, chloro- (I, T)
U046 107-30-2 Methane, chloromethoxy-
U068 74-95-3 Methane, dibromo-
U080 75-09-2 Methane, dichloro-
U075 75-71-8 Methane, dichlorodifluoro-
U138 74-88-4 Methane, iodo-
U119 62-50-0 Methanesulfonic acid, ethyl ester
U211 56-23-5 Methane, tetrachloro-
U153 74-93-1 Methanethiol (I, T)
U225 75-25-2 Methane, tribromo-
U044 67-66-3 Methane, trichloro-
U121 75-69-4 Methane, trichlorofluoro-
U036 57-74-9 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-
octachloro-2,3,3a,4,7,7a-hexahydro-
U154 67-56-1 Methanol (I)
U155 91-80-5 Methapyrilene
U142 143-50-0 1,3,4-Metheno-2H-cyclobuta[cd]pentalen-
2-one, 1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-
U247 72-43-5 Methoxychlor
U154 67-56-1 Methyl alcohol (I)
U029 74-83-9 Methyl bromide
U186 504-60-9 1-Methylbutadiene (I)
U045 74-87-3 Methyl chloride (I,T)
U156 79-22-1 Methyl chlorocarbonate (I,T)
U226 71-55-6 Methyl chloroform
U157 56-49-5 3-Methylcholanthrene
U158 101-14-4 4,4'-Methylenebis(2-chloroaniline)
U068 74-95-3 Methylene bromide
U080 75-09-2 Methylene chloride
U159 78-93-3 Methyl ethyl ketone (MEK) (I,T)
U160 1338-23-4 Methyl ethyl ketone peroxide (R,T)
U138 74-88-4 Methyl iodide
U161 108-10-1 Methyl isobutyl ketone (I)
U162 80-62-6 Methyl methacrylate (I,T)
U161 108-10-1 4-Methyl-2-pentanone (I)
U164 56-04-2 Methylthiouracil
U010 50-07-7 Mitomycin C
U059 20830-81-3 5,12-Naphthacenedione, 8-acetyl-10-[(3-
amino-2,3,6-trideoxy)-alpha-L-lyxo-
hexopyranosyl)oxy]-7,8,9,10-
tetrahydro-6,8,11-trihydroxy-1-
methoxy-, (8S-cis)-
U167 134-32-7 1-Naphthalenamine
U168 91-59-8 2-Naphthalenamine
[[Page 72]]
U026 494-03-1 Naphthalenamine, N,N'-bis(2-
chloroethyl)-
U165 91-20-3 Naphthalene
U047 91-58-7 Naphthalene, 2-chloro-
U166 130-15-4 1,4-Naphthalenedione
U236 72-57-1 2,7-Naphthalenedisulfonic acid, 3,3'-
[(3,3'-
dimethyl[1,1'-biphenyl]-4,4'-
diyl)bis(azo)bis[5-amino-4-hydroxy]-,
tetrasodium salt
U279 63-25-2 1-Naphthalenol, methylcarbamate.
U166 130-15-4 1,4-Naphthoquinone
U167 134-32-7 alpha-Naphthylamine
U168 91-59-8 beta-Naphthylamine
U217 10102-45-1 Nitric acid, thallium(1+) salt
U169 98-95-3 Nitrobenzene (I,T)
U170 100-02-7 p-Nitrophenol
U171 79-46-9 2-Nitropropane (I,T)
U172 924-16-3 N-Nitrosodi-n-butylamine
U173 1116-54-7 N-Nitrosodiethanolamine
U174 55-18-5 N-Nitrosodiethylamine
U176 759-73-9 N-Nitroso-N-ethylurea
U177 684-93-5 N-Nitroso-N-methylurea
U178 615-53-2 N-Nitroso-N-methylurethane
U179 100-75-4 N-Nitrosopiperidine
U180 930-55-2 N-Nitrosopyrrolidine
U181 99-55-8 5-Nitro-o-toluidine
U193 1120-71-4 1,2-Oxathiolane, 2,2-dioxide
U058 50-18-0 2H-1,3,2-Oxazaphosphorin-2-amine,
N,N-bis(2-chloroethyl)tetrahydro-, 2-
oxide
U115 75-21-8 Oxirane (I,T)
U126 765-34-4 Oxiranecarboxyaldehyde
U041 106-89-8 Oxirane, (chloromethyl)-
2 123-63-7 Paraldehyde
U183 608-93-5 Pentachlorobenzene
U184 76-01-7 Pentachloroethane
U185 82-68-8 Pentachloronitrobenzene (PCNB)
See F027 87-86-5 Pentachlorophenol
U161 108-10-1 Pentanol, 4-methyl-
U186 504-60-9 1,3-Pentadiene (I)
U187 62-44-2 Phenacetin
U188 108-95-2 Phenol
U048 95-57-8 Phenol, 2-chloro-
U039 59-50-7 Phenol, 4-chloro-3-methyl-
U081 120-83-2 Phenol, 2,4-dichloro-
U082 87-65-0 Phenol, 2,6-dichloro-
U089 56-53-1 Phenol, 4,4'-(1,2-diethyl-1,2-
ethenediyl)bis-, (E)-
U101 105-67-9 Phenol, 2,4-dimethyl-
U052 1319-77-3 Phenol, methyl-
U132 70-30-4 Phenol, 2,2'-methylenebis[3,4,6-
trichloro-
U411 114-26-1 Phenol, 2-(1-methylethoxy)-,
methylcarbamate.
U170 100-02-7 Phenol, 4-nitro-
See F027 87-86-5 Phenol, pentachloro-
See F027 58-90-2 Phenol, 2,3,4,6-tetrachloro-
See F027 95-95-4 Phenol, 2,4,5-trichloro-
See F027 88-06-2 Phenol, 2,4,6-trichloro-
U150 148-82-3 L-Phenylalanine, 4-[bis(2-
chloroethyl)amino]-
U145 7446-27-7 Phosphoric acid, lead(2+) salt (2:3)
U087 3288-58-2 Phosphorodithioic acid, O,O-diethyl S-
methyl ester
U189 1314-80-3 Phosphorus sulfide (R)
U190 85-44-9 Phthalic anhydride
U191 109-06-8 2-Picoline
U179 100-75-4 Piperidine, 1-nitroso-
U192 23950-58-5 Pronamide
U194 107-10-8 1-Propanamine (I,T)
U111 621-64-7 1-Propanamine, N-nitroso-N-propyl-
U110 142-84-7 1-Propanamine, N-propyl- (I)
U066 96-12-8 Propane, 1,2-dibromo-3-chloro-
U083 78-87-5 Propane, 1,2-dichloro-
U149 109-77-3 Propanedinitrile
U171 79-46-9 Propane, 2-nitro- (I,T)
[[Page 73]]
U027 108-60-1 Propane, 2,2'-oxybis[2-chloro-
U193 1120-71-4 1,3-Propane sultone
See F027 93-72-1 Propanoic acid, 2-(2,4,5-
trichlorophenoxy)-
U235 126-72-7 1-Propanol, 2,3-dibromo-, phosphate
(3:1)
U140 78-83-1 1-Propanol, 2-methyl- (I,T)
U002 67-64-1 2-Propanone (I)
U007 79-06-1 2-Propenamide
U084 542-75-6 1-Propene, 1,3-dichloro-
U243 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro-
U009 107-13-1 2-Propenenitrile
U152 126-98-7 2-Propenenitrile, 2-methyl- (I,T)
U008 79-10-7 2-Propenoic acid (I)
U113 140-88-5 2-Propenoic acid, ethyl ester (I)
U118 97-63-2 2-Propenoic acid, 2-methyl-, ethyl
ester
U162 80-62-6 2-Propenoic acid, 2-methyl-, methyl
ester (I,T)
U373 122-42-9 Propham.
U411 114-26-1 Propoxur.
U387 52888-80-9 Prosulfocarb.
U194 107-10-8 n-Propylamine (I,T)
U083 78-87-5 Propylene dichloride
U148 123-33-1 3,6-Pyridazinedione, 1,2-dihydro-
U196 110-86-1 Pyridine
U191 109-06-8 Pyridine, 2-methyl-
U237 66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
chloroethyl)amino]-
U164 56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6-
methyl-2-thioxo-
U180 930-55-2 Pyrrolidine, 1-nitroso-
U200 50-55-5 Reserpine
U201 108-46-3 Resorcinol
U202 \1\ 81-07-2 Saccharin, & salts
U203 94-59-7 Safrole
U204 7783-00-8 Selenious acid
U204 7783-00-8 Selenium dioxide
U205 7488-56-4 Selenium sulfide
U205 7488-56-4 Selenium sulfide SeS2 (R,T)
U015 115-02-6 L-Serine, diazoacetate (ester)
See F027 93-72-1 Silvex (2,4,5-TP)
U206 18883-66-4 Streptozotocin
U103 77-78-1 Sulfuric acid, dimethyl ester
U189 1314-80-3 Sulfur phosphide (R)
See F027 93-76-5 2,4,5-T
U207 95-94-3 1,2,4,5-Tetrachlorobenzene
U208 630-20-6 1,1,1,2-Tetrachloroethane
U209 79-34-5 1,1,2,2-Tetrachloroethane
U210 127-18-4 Tetrachloroethylene
See F027 58-90-2 2,3,4,6-Tetrachlorophenol
U213 109-99-9 Tetrahydrofuran (I)
U214 563-68-8 Thallium(I) acetate
U215 6533-73-9 Thallium(I) carbonate
U216 7791-12-0 Thallium(I) chloride
U216 7791-12-0 Thallium chloride Tlcl
U217 10102-45-1 Thallium(I) nitrate
U218 62-55-5 Thioacetamide
U410 59669-26-0 Thiodicarb.
U153 74-93-1 Thiomethanol (I,T)
U244 137-26-8 Thioperoxydicarbonic diamide [(H2
N)C(S)]2 S2, tetramethyl-
U409 23564-05-8 Thiophanate-methyl.
U219 62-56-6 Thiourea
U244 137-26-8 Thiram
U220 108-88-3 Toluene
U221 25376-45-8 Toluenediamine
U223 26471-62-5 Toluene diisocyanate (R,T)
U328 95-53-4 o-Toluidine
U353 106-49-0 p-Toluidine
U222 636-21-5 o-Toluidine hydrochloride
U389 2303-17-5 Triallate.
U011 61-82-5 1H-1,2,4-Triazol-3-amine
U227 79-00-5 1,1,2-Trichloroethane
[[Page 74]]
U228 79-01-6 Trichloroethylene
U121 75-69-4 Trichloromonofluoromethane
See F027 95-95-4 2,4,5-Trichlorophenol
See F027 88-06-2 2,4,6-Trichlorophenol
U404 121-44-8 Triethylamine.
U234 99-35-4 1,3,5-Trinitrobenzene (R,T)
U182 123-63-7 1,3,5-Trioxane, 2,4,6-trimethyl-
U235 126-72-7 Tris(2,3-dibromopropyl) phosphate
U236 72-57-1 Trypan blue
U237 66-75-1 Uracil mustard
U176 759-73-9 Urea, N-ethyl-N-nitroso-
U177 684-93-5 Urea, N-methyl-N-nitroso-
U043 75-01-4 Vinyl chloride
U248 \1\ 81-81-2 Warfarin, & salts, when present at
concentrations of 0.3% or less
U239 1330-20-7 Xylene (I)
U200 50-55-5 Yohimban-16-carboxylic acid, 11,17-
dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-, methyl
ester,
(3beta,16beta,17alpha,18beta,20alpha)-
U249 1314-84-7 Zinc phosphide Zn3 P2, when present at
concentrations of 10% or less
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.
[45 FR 78529, 78541, Nov. 25, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 261.33, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 261.35 Deletion of certain hazardous waste codes following equipment
cleaning and replacement.
(a) Wastes from wood preserving processes at plants that do not
resume or initiate use of chlorophenolic preservatives will not meet the
listing definition of F032 once the generator has met all of the
requirements of paragraphs (b) and (c) of this section. These wastes
may, however, continue to meet another hazardous waste listing
description or may exhibit one or more of the hazardous waste
characteristics.
(b) Generators must either clean or replace all process equipment
that may have come into contact with chlorophenolic formulations or
constituents thereof, including, but not limited to, treatment
cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and
trams, in a manner that minimizes or eliminates the escape of hazardous
waste or constituents, leachate, contaminated drippage, or hazardous
waste decomposition products to the ground water, surface water, or
atmosphere.
(1) Generators shall do one of the following:
(i) Prepare and follow an equipment cleaning plan and clean
equipment in accordance with this section;
(ii) Prepare and follow an equipment replacement plan and replace
equipment in accordance with this section; or
(iii) Document cleaning and replacement in accordance with this
section, carried out after termination of use of chlorophenolic
preservations.
(2) Cleaning Requirements.
(i) Prepare and sign a written equipment cleaning plan that
describes:
(A) The equipment to be cleaned;
(B) How the equipment will be cleaned;
(C) The solvent to be used in cleaning;
(D) How solvent rinses will be tested; and
(E) How cleaning residues will be disposed.
(ii) Equipment must be cleaned as follows:
(A) Remove all visible residues from process equipment;
(B) Rinse process equipment with an appropriate solvent until
dioxins and dibenzofurans are not detected in the final solvent rinse.
(iii) Analytical requirements.
(A) Rinses must be tested in accordance with SW-846, Method 8290.
(B) ``Not detected'' means at or below the lower method calibration
limit (MCL) in Method 8290, Table 1.
[[Page 75]]
(iv) The generator must manage all residues from the cleaning
process as F032 waste.
(3) Replacement requirements.
(i) Prepare and sign a written equipment replacement plan that
describes:
(A) The equipment to be replaced;
(B) How the equipment will be replaced; and
(C) How the equipment will be disposed.
(ii) The generator must manage the discarded equipment as F032
waste.
(4) Documentation requirements.
(i) Document that previous equipment cleaning and/or replacement was
performed in accordance with this section and occurred after cessation
of use of chlorophenolic preservatives.
(c) The generator must maintain the following records documenting
the cleaning and replacement as part of the facility's operating record:
(1) The name and address of the facility;
(2) Formulations previously used and the date on which their use
ceased in each process at the plant;
(3) Formulations currently used in each process at the plant;
(4) The equipment cleaning or replacement plan;
(5) The name and address of any persons who conducted the cleaning
and replacement;
(6) The dates on which cleaning and replacement were accomplished;
(7) The dates of sampling and testing;
(8) A description of the sample handling and preparation techniques,
including techniques used for extraction, containerization,
preservation, and chain-of-custody of the samples;
(9) A description of the tests performed, the date the tests were
performed, and the results of the tests;
(10) The name and model numbers of the instrument(s) used in
performing the tests;
(11) QA/QC documentation; and
(12) The following statement signed by the generator or his
authorized representative:
I certify under penalty of law that all process equipment required
to be cleaned or replaced under 40 CFR 261.35 was cleaned or replaced as
represented in the equipment cleaning and replacement plan and
accompanying documentation. I am aware that there are significant
penalties for providing false information, including the possibility of
fine or imprisonment.
[55 FR 50482, Dec. 6, 1990, as amended at 56 FR 30195, July 1, 1991]
Sec. 261.38 Comparable/Syngas Fuel Exclusion.
Wastes that meet the following comparable/syngas fuel requirements
are not solid wastes:
(a) Comparable fuel specifications.--(1) Physical specifications.--
(i) Heating value. The heating value must exceed 5,000 BTU/lbs. (11,500
J/g).
(ii) Viscosity. The viscosity must not exceed: 50 cs, as-fired.
(2) Constituent specifications. For compounds listed in table 1 to
this section the specification levels and, where non-detect is the
specification, minimum required detection limits are: (see Table 1).
(b) Synthesis gas fuel specification.--Synthesis gas fuel (i.e.,
syngas fuel) that is generated from hazardous waste must:
(1) Have a minimum Btu value of 100 Btu/Scf;
(2) Contain less than 1 ppmv of total halogen;
(3) Contain less than 300 ppmv of total nitrogen other than diatomic
nitrogen (N2);
(4) Contain less than 200 ppmv of hydrogen sulfide; and
(5) Contain less than 1 ppmv of each hazardous constituent in the
target list of appendix VIII constituents of this part.
Table 1 to Sec. 261.38.--Detection and Detection Limit Values for Comparable Fuel Specification
----------------------------------------------------------------------------------------------------------------
Minimum
Composite Heating Concentration required
Chemical name CAS No. value value limit (mg/kg detection
(mg/kg) (BTU/lb) at 10,000 BTU/ limit
lb) (mg/kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N................................ NA 9000 18400 4900 .........
Total Halogens as Cl............................... NA 1000 18400 540 .........
[[Page 76]]
Total Organic Halogens as Cl....................... NA ......... ........ (\1\) .........
Polychlorinated biphenyls, total [Arocolors, total] 1336-36-3 ND ........ ND 1.4
Cyanide, total..................................... 57-12-5 ND ........ ND 1.0
Metals:
Antimony, total................................ 7440-36-0 ND ........ 12 .........
Arsenic, total................................. 7440-38-2 ND ........ 0.23 .........
Barium, total.................................. 7440-39-3 ND ........ 23 .........
Beryllium, total............................... 7440-41-7 ND ........ 1.2 .........
Cadmium, total................................. 7440-43-9 ......... ND ............. 1.2
Chromium, total................................ 7440-47-3 ND ........ 2.3 .........
Cobalt......................................... 7440-48-4 ND ........ 4.6 .........
Lead, total.................................... 7439-92-1 57 18100 31 .........
Manganese...................................... 7439-96-5 ND ........ 1.2 .........
Mercury, total................................. 7439-97-6 ND ........ 0.25 .........
Nickel, total.................................. 7440-02-0 106 18400 58 .........
Selenium, total................................ 7782-49-2 ND ........ 0.23 .........
Silver, total.................................. 7440-22-4 ND ........ 2.3 .........
Thallium, total................................ 7440-28-0 ND ........ 23 .........
Hydrocarbons:
Benzo[a]anthracene............................. 56-55-3 ND ........ 2400 .........
Benzene........................................ 71-43-2 8000 19600 4100 .........
Benzo[b]fluoranthene........................... 205-99-2 ND ........ 2400 .........
Benzo[k]fluoranthene........................... 207-08-9 ND ........ 2400 .........
Benzo[a]pyrene................................. 50-32-8 ND ........ 2400 .........
Chrysene....................................... 218-01-9 ND ........ 2400 .........
Dibenzo[a,h]anthracene......................... 53-70-3 ND ........ 2400 .........
7,12-Dimethylbenz[a]anthracene................. 57-97-6 ND ........ 2400 .........
Fluoranthene................................... 206-44-0 ND ........ 2400 .........
Indeno(1,2,3-cd)pyrene......................... 193-39-5 ND ........ 2400 .........
3-Methylcholanthrene........................... 56-49-5 ND ........ 2400 .........
Naphthalene.................................... 91-20-3 6200 19400 3200 .........
Toluene........................................ 108-88-3 69000 19400 36000 .........
Oxygenates:
Acetophenone................................... 98-86-2 ND ........ 2400 .........
Acrolein....................................... 107-02-8 ND ........ 39 .........
Allyl alcohol.................................. 107-18-6 ND ........ 30 .........
Bis(2-ethylhexyl)phthalate [Di-2-ethylhexyl 117-81-7 ND ........ 2400 .........
phthalate]....................................
Butyl benzyl phthalate......................... 85-68-7 ND ........ 2400 .........
o-Cresol [2-Methyl phenol]..................... 95-48-7 ND ........ 2400 .........
m-Cresol [3-Methyl phenol]..................... 108-39-4 ND ........ 2400 .........
p-Cresol [4-Methyl phenol]..................... 106-44-5 ND ........ 2400 .........
Di-n-butyl phthalate........................... 84-74-2 ND ........ 2400 .........
Diethyl phthalate.............................. 84-66-2 ND ........ 2400 .........
2,4-Dimethylphenol............................. 105-67-9 ND ........ 2400 .........
Dimethyl phthalate............................. 131-11-3 ND ........ 2400 .........
Di-n-octyl phthalate........................... 117-84-0 ND ........ 2400 .........
Endothall...................................... 145-73-3 ND ........ 100 .........
Ethyl methacrylate............................. 97-63-2 ND ........ 39 .........
2-Ethoxyethanol [Ethylene glycol monoethyl 110-80-5 ND ........ 100 .........
ether]........................................
Isobutyl alcohol............................... 78-83-1 ND ........ 39 .........
Isosafrole..................................... 120-58-1 ND ........ 2400 .........
Methyl ethyl ketone [2-Butanone]............... 78-93-3 ND ........ 39 .........
Methyl methacrylate............................ 80-62-6 ND ........ 39 .........
1,4-Naphthoquinone............................. 130-15-4 ND ........ 2400 .........
Phenol......................................... 108-95-2 ND ........ 2400 .........
Propargyl alcohol [2-Propyn-1-ol].............. 107-19-7 ND ........ 30 .........
Safrole........................................ 94-59-7 ND ........ 2400 .........
Sulfonated Organics:
Carbon disulfide............................... 75-15-0 ND ........ ND 39
Disulfoton..................................... 298-04-4 ND ........ ND 2400
Ethyl methanesulfonate......................... 62-50-0 ND ........ ND 2400
Methyl methanesulfonate........................ 66-27-3 ND ........ ND 2400
Phorate........................................ 298-02-2 ND ........ ND 2400
1,3-Propane sultone............................ 1120-71-4 ND ........ ND 100
Tetraethyldithiopyrophosphate [Sulfotepp]...... 3689-24-5 ND ........ ND 2400
Thiophenol [Benzenethiol]...................... 108-98-5 ND ........ ND 30
O,O,O-Triethyl phosphorothioate................ 126-68-1 ND ........ ND 2400
[[Page 77]]
Nitrogenated Organics:
Acetonitrile [Methyl cyanide].................. 75-05-8 ND ........ ND 39
2-Acetylaminofluorene [2-AAF].................. 53-96-3 ND ........ ND 2400
Acrylonitrile.................................. 107-13-1 ND ........ ND 39
4-Aminobiphenyl................................ 92-67-1 ND ........ ND 2400
4-Aminopyridine................................ 504-24-5 ND ........ ND 100
Aniline........................................ 62-53-3 ND ........ ND 2400
Benzidine...................................... 92-87-5 ND ........ ND 2400
Dibenz[a,j]acridine............................ 224-42-0 ND ........ ND 2400
O,O-Diethyl O-pyrazinyl phosphorothioate 297-97-2 ND ........ ND 2400
[Thionazin]...................................
Dimethoate..................................... 60-51-5 ND ........ ND 2400
p-(Dimethylamino) azobenzene [4-Dime 60-11-7 ND ........ ND 2400
thylaminoazobenzene]..........................
3,3'-Dimethylbenzidine......................... 119-93-7 ND ........ ND 2400
,-Dimethylphenethylamine..... 122-09-8 ND ........ ND 2400
3,3'-Dimethoxybenzidine........................ 119-90-4 ND ........ ND 100
1,3-Dinitrobenzene [m-Dinitrobenzene].......... 99-65-0 ND ........ ND 2400
4,6-Dinitro-o-cresol........................... 534-52-1 ND ........ ND 2400
2,4-Dinitrophenol.............................. 51-28-5 ND ........ ND 2400
2,4-Dinitrotoluene............................. 121-14-2 ND ........ ND 2400
2,6-Dinitrotoluene............................. 606-20-2 ND ........ ND 2400
Dinoseb [2-sec-Butyl-4,6-dinitrophenol]........ 88-85-7 ND ........ ND 2400
Diphenylamine.................................. 122-39-4 ND ........ ND 2400
Ethyl carbamate [Urethane]..................... 51-79-6 ND ........ ND 100
Ethylenethiourea (2-Imidazolidinethione)....... 96-45-7 ND ........ ND 110
Famphur........................................ 52-85-7 ND ........ ND 2400
Methacrylonitrile.............................. 126-98-7 ND ........ ND 39
Methapyrilene.................................. 91-80-5 ND ........ ND 2400
Methomyl....................................... 16752-77-5 ND ........ ND 57
2-Methyllactonitrile, [Acetone cyanohydrin].... 75-86-5 ND ........ ND 100
Methyl parathion............................... 298-00-0 ND ........ ND 2400
MNNG (N-Metyl-N-nitroso-N'-nitroguanidine)..... 70-25-7 ND ........ ND 110
1-Naphthylamine, [-Naphthylamine]..... 134-32-7 ND ........ ND 2400
2-Naphthylamine, [-Naphthylamine]..... 91-59-8 ND ........ ND 2400
Nicotine....................................... 54-11-5 ND ........ ND 100
4-Nitroaniline, [p-Nitroaniline]............... 100-01-6 ND ........ ND 2400
Nitrobenzene................................... 98-95-3 ND ........ ND 2400
p-Nitrophenol, [p-Nitrophenol]................. 100-02-7 ND ........ ND 2400
5-Nitro-o-toluidine............................ 99-55-8 ND ........ ND 2400
N-Nitrosodi-n-butylamine....................... 924-16-3 ND ........ ND 2400
N-Nitrosodiethylamine.......................... 55-18-5 ND ........ ND 2400
N-Nitrosodiphenylamine, [Diphenylnitrosamine].. 86-30-6 ND ........ ND 2400
N-Nitroso-N-methylethylamine................... 10595-95-6 ND ........ ND 2400
N-Nitrosomorpholine............................ 59-89-2 ND ........ ND 2400
N-Nitrosopiperidine............................ 100-75-4 ND ........ ND 2400
N-Nitrosopyrrolidine........................... 930-55-2 ND ........ ND 2400
2-Nitropropane................................. 79-46-9 ND ........ ND 30
Parathion...................................... 56-38-2 ND ........ ND 2400
Phenacetin..................................... 62-44-2 ND ........ ND 2400
1,4-Phenylene diamine, [p-Phenylenediamine].... 106-50-3 ND ........ ND 2400
N-Phenylthiourea............................... 103-85-5 ND ........ ND 57
2-Picoline [alpha-Picoline].................... 109-06-8 ND ........ ND 2400
Propylthioracil, [6-Propyl-2-thiouracil]....... 51-52-5 ND ........ ND 100
Pyridine....................................... 110-86-1 ND ........ ND 2400
Strychnine..................................... 57-24-9 ND ........ ND 100
Thioacetamide.................................. 62-55-5 ND ........ ND 57
Thiofanox...................................... 39196-18-4 ND ........ ND 100
Thiourea....................................... 62-56-6 ND ........ ND 57
Toluene-2,4-diamine [2,4-Diaminotoluene]....... 95-80-7 ND ........ ND 57
Toluene-2,6-diamine [2,6-Diaminotoluene]....... 823-40-5 ND ........ ND 57
o-Toluidine.................................... 95-53-4 ND ........ ND 2400
p-Toluidine.................................... 106-49-0 ND ........ ND 100
1,3,5-Trinitrobenzene, [sym-Trinitobenzene].... 99-35-4 ND ........ ND 2400
Halogenated Organic:
Allyl chloride................................. 107-05-1 ND ........ ND 39
Aramite........................................ 140-57-8 ND ........ ND 2400
Benzal chloride [Dichloromethyl benzene]....... 98-87-3 ND ........ ND 100
[[Page 78]]
Benzyl chloride................................ 100-44-77 ND ........ ND 100
bis(2-Chloroethyl)ether [Dichoroethyl ether]... 111-44-4 ND ........ ND 2400
Bromoform [Tribromomethane].................... 75-25-2 ND ........ ND 39
Bromomethane [Methyl bromide].................. 74-83-9 ND ........ ND 39
4-Bromophenyl phenyl ether [p-Bromo diphenyl 101-55-3 ND ........ ND 2400
ether]........................................
Carbon tetrachloride........................... 56-23-5 ND ........ ND 39
Chlordane...................................... 57-74-9 ND ........ ND 14
p-Chloroaniline................................ 106-47-8 ND ........ ND 2400
Chlorobenzene.................................. 108-90-7 ND ........ ND 39
Chlorobenzilate................................ 510-15-6 ND ........ ND 2400
p-Chloro-m-cresol.............................. 59-50-7 ND ........ ND 2400
2-Chloroethyl vinyl ether...................... 110-75-8 ND ........ ND 39
Chloroform..................................... 67-66-3 ND ........ ND 39
Chloromethane [Methyl chloride]................ 74-87-3 ND ........ ND 39
2-Chloronaphthalene [beta-Chloronaphthalene]... 91-58-7 ND ........ ND 2400
2-Chlorophenol [o-Chlorophenol]................ 95-57-8 ND ........ ND 2400
Chloroprene [2-Chloro-1,3-butadiene]........... 1126-99-8 ND ........ ND 39
2,4-D [2,4-Dichlorophenoxyacetic acid]......... 94-75-7 ND ........ ND 7.0
Diallate....................................... 2303-16-4 ND ........ ND 2400
1,2-Dibromo-3-chloropropane.................... 96-12-8 ND ........ ND 39
1,2-Dichlorobenzene [o-Dichlorobenzene]........ 95-50-1 ND ........ ND 2400
1,3-Dichlorobenzene [m-Dichlorobenzene]........ 541-73-1 ND ........ ND 2400
1,4-Dichlorobenzene [p-Dichlorobenzene]........ 106-46-7 ND ........ ND 2400
3,3'-Dichlorobenzidine......................... 91-94-1 ND ........ ND 2400
Dichlorodifluoromethane [CFC-12]............... 75-71-8 ND ........ ND 39
1,2-Dichloroethane [Ethylene dichloride]....... 107-06-2 ND ........ ND 39
1,1-Dichloroethylene [Vinylidene chloride]..... 75-35-4 ND ........ ND 39
Dichloromethoxy ethane [Bis(2- 111-91-1 ND ........ ND 2400
chloroethoxy)methane..........................
2,4-Dichlorophenol............................. 120-83-2 ND ........ ND 2400
2,6-Dichlorophenol............................. 87-65-0 ND ........ ND 2400
1,2-Dichloropropane [Propylene dichloride]..... 78-87-5 ND ........ ND 39
cis-1,3-Dichloropropylene...................... 10061-01-5 ND ........ ND 39
trans-1,3-Dichloropropylene.................... 10061-02-6 ND ........ ND 39
1,3-Dichloro-2-propanol........................ 96-23-1 ND ........ ND 30
Endosulfan I................................... 959-98-8 ND ........ ND 1.4
Endosulfan II.................................. 33213-65-9 ND ........ ND 1.4
Endrin......................................... 72-20-8 ND ........ ND 1.4
Endrin aldehyde................................ 7421-93-4 ND ........ ND 1.4
Endrin Ketone.................................. 53494-70-5 ND ........ ND 1.4
Epichlorohydrin [1-Chloro-2,3-epoxy propane]... 106-89-8 ND ........ ND 30
Ethylidene dichloride [1,1-Dichloroethane]..... 75-34-3 ND ........ ND 39
2-Fluoroacetamide.............................. 640-19-7 ND ........ ND 100
Heptachlor..................................... 76-44-8 ND ........ ND 1.4
Heptachlor epoxide............................. 1024-57-3 ND ........ ND 2.8
Hexachlorobenzene.............................. 118-74-1 ND ........ ND 2400
Hexachloro-1,3-butadiene [Hexachlorobutadiene]. 87-68-3 ND ........ ND 2400
Hexachlorocyclopentadiene...................... 77-47-4 ND ........ ND 2400
Hexachloroethane............................... 67-72-1 ND ........ ND 2400
Hexachlorophene................................ 70-30-4 ND ........ ND 59000
Hexachloropropene [Hexachloropropylene]........ 1888-71-7 ND ........ ND 2400
Isodrin........................................ 465-73-6 ND ........ ND 2400
Kepone [Chlordecone]........................... 143-50-0 ND ........ ND 4700
Lindane [gamma-BHC] [gamma- 58-89-9 ND ........ ND 1.4
Hexachlorocyclohexane]........................
Methylene chloride [Dichloromethane]........... 75-09-2 ND ........ ND 39
4,4'-Methylene-bis(2-chloroaniline)............ 101-14-4 ND ........ ND 100
Methyl iodide [Iodomethane].................... 74-88-4 ND ........ ND 39
Pentachlorobenzene............................. 608-93-5 ND ........ ND 2400
Pentachloroethane.............................. 76-01-7 ND ........ ND 39
Pentachloronitrobenzene [PCNB] [Quintobenzene] 82-68-8 ND ........ ND 2400
[Quintozene]..................................
Pentachlorophenol.............................. 87-86-5 ND ........ ND 2400
Pronamide...................................... 23950-58-5 ND ........ ND 2400
Silvex [2,4,5-Trichlorophenoxypropionic acid].. 93-72-1 ND ........ ND 7.0
2,3,7,8-Tetrachlorodibenzo-p-dioxin [2,3,7,8- 1746-01-6 ND ........ ND 30
TCDD].........................................
1,2,4,5-Tetrachlorobenzene..................... 95-94-3 ND ........ ND 2400
1,1,2,2-Tetrachloroethane...................... 79-34-5 ND ........ ND 39
Tetrachloroethylene [Perchloroethylene]........ 127-18-4 ND ........ ND 39
[[Page 79]]
2,3,4,6-Tetrachlorophenol...................... 58-90-2 ND ........ ND 2400
1,2,4-Trichlorobenzene......................... 120-82-1 ND ........ ND 2400
1,1,1-Trichloroethane [Methyl chloroform]...... 71-55-6 ND ........ ND 39
1,1,2-Trichloroethane [Vinyl trichloride]...... 79-00-5 ND ........ ND 39
Trichloroethylene.............................. 79-01-6 ND ........ ND 39
Trichlorofluoromethane 75-69-4 ND ........ ND 39
[Trichlormonofluoromethane]...................
2,4,5-Trichlorophenol.......................... 95-95-4 ND ........ ND 2400
2,4,6-Trichlorophenol.......................... 88-06-2 ND ........ ND 2400
1,2,3-Trichloropropane......................... 96-18-4 ND ........ ND 39
Vinyl Chloride................................. 75-01-4 ND ........ ND 39
----------------------------------------------------------------------------------------------------------------
Notes:
NA--Not Applicable.
ND--Nondetect.
\1\ 25 or individual halogenated organics listed below.
(c) Implementation.--Waste that meets the comparable or syngas fuel
specifications provided by paragraphs (a) or (b) of this section (these
constituent levels must be achieved by the comparable fuel when
generated, or as a result of treatment or blending, as provided in
paragraphs (c)(3) or (4) of this section) is excluded from the
definition of solid waste provided that the following requirements are
met:
(1) Notices--For purposes of this section, the person claiming and
qualifying for the exclusion is called the comparable/syngas fuel
generator and the person burning the comparable/syngas fuel is called
the comparable/syngas burner. The person who generates the comparable
fuel or syngas fuel must claim and certify to the exclusion.
(i) State RCRA and CAA Directors in Authorized States or Regional
RCRA and CAA Directors in Unauthorized States.--
(A) The generator must submit a one-time notice to the Regional or
State RCRA and CAA Directors, in whose jurisdiction the exclusion is
being claimed and where the comparable/syngas fuel will be burned,
certifying compliance with the conditions of the exclusion and providing
documentation as required by paragraph (c)(1)(i)(C) of this section;
(B) If the generator is a company that generates comparable/syngas
fuel at more than one facility, the generator shall specify at which
sites the comparable/syngas fuel will be generated;
(C) A comparable/syngas fuel generator's notification to the
Directors must contain the following items:
(1) The name, address, and RCRA ID number of the person/facility
claiming the exclusion;
(2) The applicable EPA Hazardous Waste Codes for the hazardous
waste;
(3) Name and address of the units, meeting the requirements of
paragraph (c)(2) of this section, that will burn the comparable/syngas
fuel; and
(4) The following statement is signed and submitted by the person
claiming the exclusion or his authorized representative:
Under penalty of criminal and civil prosecution for making or
submitting false statements, representations, or omissions, I certify
that the requirements of 40 CFR 261.38 have been met for all waste
identified in this notification. Copies of the records and information
required at 40 CFR 261.28(c)(10) are available at the comparable/syngas
fuel generator's facility. Based on my inquiry of the individuals
immediately responsible for obtaining the information, the information
is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting
false information, including the possibility of fine and imprisonment
for knowing violations.
(ii) Public notice.--Prior to burning an excluded comparable/syngas
fuel, the burner must publish in a major
[[Page 80]]
newspaper of general circulation local to the site where the fuel will
be burned, a notice entitled ``Notification of Burning a Comparable/
Syngas Fuel Excluded Under the Resource Conservation and Recovery Act''
containing the following information:
(A) Name, address, and RCRA ID number of the generating facility;
(B) Name and address of the unit(s) that will burn the comparable/
syngas fuel;
(C) A brief, general description of the manufacturing, treatment, or
other process generating the comparable/syngas fuel;
(D) An estimate of the average and maximum monthly and annual
quantity of the waste claimed to be excluded; and
(E) Name and mailing address of the Regional or State Directors to
whom the claim was submitted.
(2) Burning.--The comparable/syngas fuel exclusion for fuels meeting
the requirements of paragraphs (a) or (b) and (c)(1) of this section
applies only if the fuel is burned in the following units that also
shall be subject to Federal/State/local air emission requirements,
including all applicable CAA MACT requirements:
(i) Industrial furnaces as defined in Sec. 260.10 of this chapter;
(ii) Boilers, as defined in Sec. 260.10 of this chapter, that are
further defined as follows:
(A) Industrial boilers located on the site of a facility engaged in
a manufacturing process where substances are transformed into new
products, including the component parts of products, by mechanical or
chemical processes; or
(B) Utility boilers used to produce electric power, steam, heated or
cooled air, or other gases or fluids for sale;
(iii) Hazardous waste incinerators subject to regulation under
subpart O of parts 264 or 265 of this chapter or applicable CAA MACT
standards.
(3) Blending to meet the viscosity specification.--A hazardous waste
blended to meet the viscosity specification shall:
(i) As generated and prior to any blending, manipulation, or
processing meet the constituent and heating value specifications of
paragraphs (a)(1)(i) and (a)(2) of this section;
(ii) Be blended at a facility that is subject to the applicable
requirements of parts 264 and 265, or Sec. 262.34 of this chapter; and
(iii) Not violate the dilution prohibition of paragraph (c)(6) of
this chapter.
(4) Treatment to meet the comparable fuel exclusion
specifications.--(i) A hazardous waste may be treated to meet the
exclusion specifications of paragraphs (a)(1) and (2) of this section
provided the treatment:
(A) Destroys or removes the constituent listed in the specification
or raises the heating value by removing or destroying hazardous
constituents or materials;
(B) Is performed at a facility that is subject to the applicable
requirements of parts 264 and 265, or Sec. 262.34 of this Chapter; and
(C) Does not violate the dilution prohibition of paragraph (c)(6) of
this seciton.
(ii) Residuals resulting from the treatment of a hazardous waste
listed in subpart D of this part to generate a comparable fuel remain a
hazardous waste.
(5) Generation of a syngas fuel.--(i) A syngas fuel can be generated
from the processing of hazardous wastes to meet the exclusion
specifications of paragraph (b) of this section provided the processing:
(A) Destroys or removes the constituent listed in the specification
or raises the heating value by removing or destroying constituents or
materials;
(B) Is performed at a facility that is subject to the applicable
requirements of parts 264 and 265, or Sec. 262.34 of this chapter or is
an exempt recycling unit pursuant to Sec. 261.6(c) of this chapter; and
(C) Does not violate the dilution prohibition of paragraph (c)(6) of
this chapter.
(ii) Residuals resulting from the treatment of a hazardous waste
listed in subpart D of this part to generate a syngas fuel remain a
hazardous waste.
(6) Dilution prohibition for comparable and syngas fuels.--No
generator, transporter, handler, or owner or operator of
[[Page 81]]
a treatment, storage, or disposal facility shall in any way dilute a
hazardous waste to meet the exclusion specifications of paragraph
(a)(1)(i), (a)(2) or (b) of this section.
(7) Waste analysis plans. The generator of a comparable/syngas fuel
shall develop and follow a written waste analysis plan which describes
the procedures for sampling and analysis of the hazardous waste to be
excluded. The waste analysis plan shall be developed in accordance with
the applicable sections of the ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods'' (SW-846). The plan shall be followed
and retained at the facility excluding the waste.
(i) At a minimum, the plan must specify:
(A) The parameters for which each hazardous waste will be analyzed
and the rationale for the selection of those parameters;
(B) The test methods which will be used to test for these
parameters;
(C) The sampling method which will be used to obtain a
representative sample of the waste to be analyzed;
(D) The frequency with which the initial analysis of the waste will
be reviewed or repeated to ensure that the analysis is accurate and up
to date; and
(E) If process knowledge is used in the waste determination, any
information prepared by the generator in making such determination.
(ii) The waste analysis plan shall also contain records of the
following:
(A) The dates and times waste samples were obtained, and the dates
the samples were analyzed;
(B) The names and qualifications of the person(s) who obtained the
samples;
(C) A description of the temporal and spatial locations of the
samples;
(D) The name and address of the laboratory facility at which
analyses of the samples were performed;
(E) A description of the analytical methods used, including any
clean-up and sample preparation methods;
(F) All quantitation limits achieved and all other quality control
results for the analysis (including method blanks, duplicate analyses,
matrix spikes, etc.), laboratory quality assurance data, and description
of any deviations from analytical methods written in the plan or from
any other activity written in the plan which occurred;
(G) All laboratory results demonstrating that the exclusion
specifications have been met for the waste; and
(H) All laboratory documentation that support the analytical
results, unless a contract between the claimant and the laboratory
provides for the documentation to be maintained by the laboratory for
the period specified in paragraph (c)(11) of this section and also
provides for the availability of the documentation to the claimant upon
request.
(iii) Syngas fuel generators shall submit for approval, prior to
performing sampling, analysis, or any management of a syngas fuel as an
excluded waste, a waste analysis plan containing the elements of
paragraph (c)(7)(i) of this section to the appropriate regulatory
authority. The approval of waste analysis plans must be stated in
writing and received by the facility prior to sampling and analysis to
demonstrate the exclusion of a syngas. The approval of the waste
analysis plan may contain such provisions and conditions as the
regulatory authority deems appropriate.
(8) Comparable fuel sampling and analysis. (i) General. For each
waste for which an exclusion is claimed, the generator of the hazardous
waste must test for all the constituents on appendix VIII to this part,
except those that the generator determines, based on testing or
knowledge, should not be present in the waste. The generator is required
to document the basis of each determination that a constituent should
not be present. The generator may not determine that any of the
following categories of constituents should not be present:
(A) A constituent that triggered the toxicity characteristic for the
waste constituents that were the basis of the listing of the waste
stream, or constituents for which there is a treatment standard for the
waste code in 40 CFR 268.40;
(B) A constituent detected in previous analysis of the waste;
(C) Constituents introduced into the process that generates the
waste; or
[[Page 82]]
(D) Constituents that are byproducts or side reactions to the
process that generates the waste.
Note to paragraph (c)(8): ,Any claim under this section must be
valid and accurate for all hazardous constituents; a determination not
to test for a hazardous constituent will not shield a generator from
liability should that constituent later be found in the waste above the
exclusion specifications.
(ii) For each waste for which the exclusion is claimed where the
generator of the comparable/syngas fuel is not the original generator of
the hazardous waste, the generator of the comparable/syngas fuel may not
use process knowledge pursuant to paragraph (c)(8)(i) of this section
and must test to determine that all of the constituent specifications of
paragraphs (a)(2) and (b) of this section have been met.
(iii) The comparable/syngas fuel generator may use any reliable
analytical method to demonstrate that no constituent of concern is
present at concentrations above the specification levels. It is the
responsibility of the generator to ensure that the sampling and analysis
are unbiased, precise, and representative of the waste. For the waste to
be eligible for exclusion, a generator must demonstrate that:
(A) Each constituent of concern is not present in the waste above
the specification level at the 95% upper confidence limit around the
mean; and
(B) The analysis could have detected the presence of the constituent
at or below the specification level at the 95% upper confidence limit
around the mean.
(iv) Nothing in this paragraph preempts, overrides or otherwise
negates the provision in Sec. 262.11 of this chapter, which requires any
person who generates a solid waste to determine if that waste is a
hazardous waste.
(v) In an enforcement action, the burden of proof to establish
conformance with the exclusion specification shall be on the generator
claiming the exclusion.
(vi) The generator must conduct sampling and analysis in accordance
with their waste analysis plan developed under paragraph (c)(7) of this
section.
(vii) Syngas fuel and comparable fuel that has not been blended in
order to meet the kinematic viscosity specifications shall be analyzed
as generated.
(viii) If a comparable fuel is blended in order to meet the
kinematic viscosity specifications, the generator shall:
(A) Analyze the fuel as generated to ensure that it meets the
constituent and heating value specifications; and
(B) After blending, analyze the fuel again to ensure that the
blended fuel continues to meet all comparable/syngas fuel
specifications.
(ix) Excluded comparable/syngas fuel must be re-tested, at a
minimum, annually and must be retested after a process change that could
change the chemical or physical properties of the waste.
(9) Speculative accumulation. Any persons handling a comparable/
syngas fuel are subject to the speculative accumulation test under
Sec. 261.2(c)(4) of this chapter.
(10) Records. The generator must maintain records of the following
information on-site:
(i) All information required to be submitted to the implementing
authority as part of the notification of the claim:
(A) The owner/operator name, address, and RCRA facility ID number of
the person claiming the exclusion;
(B) The applicable EPA Hazardous Waste Codes for each hazardous
waste excluded as a fuel; and
(C) The certification signed by the person claiming the exclusion or
his authorized representative.
(ii) A brief description of the process that generated the hazardous
waste and process that generated the excluded fuel, if not the same;
(iii) An estimate of the average and maximum monthly and annual
quantities of each waste claimed to be excluded;
(iv) Documentation for any claim that a constituent is not present
in the hazardous waste as required under paragraph (c)(8)(i) of this
section;
(v) The results of all analyses and all detection limits achieved as
required under paragraph (c)(8) of this section;
(vi) If the excluded waste was generated through treatment or
blending, documentation as required under paragraph (c)(3) or (4) of
this section;
[[Page 83]]
(vii) If the waste is to be shipped off-site, a certification from
the burner as required under paragraph (c)(12) of this section;
(viii) A waste analysis plan and the results of the sampling and
analysis that includes the following:
(A) The dates and times waste samples were obtained, and the dates
the samples were analyzed;
(B) The names and qualifications of the person(s) who obtained the
samples;
(C) A description of the temporal and spatial locations of the
samples;
(D) The name and address of the laboratory facility at which
analyses of the samples were performed;
(E) A description of the analytical methods used, including any
clean-up and sample preparation methods;
(F) All quantitation limits achieved and all other quality control
results for the analysis (including method blanks, duplicate analyses,
matrix spikes, etc.), laboratory quality assurance data, and description
of any deviations from analytical methods written in the plan or from
any other activity written in the plan which occurred;
(G) All laboratory analytical results demonstrating that the
exclusion specifications have been met for the waste; and
(H) All laboratory documentation that support the analytical
results, unless a contract between the claimant and the laboratory
provides for the documentation to be maintained by the laboratory for
the period specified in paragraph (c)(11) of this section and also
provides for the availability of the documentation to the claimant upon
request; and
(ix) If the generator ships comparable/syngas fuel off-site for
burning, the generator must retain for each shipment the following
information on-site:
(A) The name and address of the facility receiving the comparable/
syngas fuel for burning;
(B) The quantity of comparable/syngas fuel shipped and delivered;
(C) The date of shipment or delivery;
(D) A cross-reference to the record of comparable/syngas fuel
analysis or other information used to make the determination that the
comparable/syngas fuel meets the specifications as required under
paragraph (c)(8) of this section; and
(E) A one-time certification by the burner as required under
paragraph (c)(12) of this section.
(11) Records retention. Records must be maintained for the period of
three years. A generator must maintain a current waste analysis plan
during that three year period.
(12) Burner certification. Prior to submitting a notification to the
State and Regional Directors, a comparable/syngas fuel generator who
intends to ship their fuel off-site for burning must obtain a one-time
written, signed statement from the burner:
(i) Certifying that the comparable/syngas fuel will only be burned
in an industrial furnace or boiler, utility boiler, or hazardous waste
incinerator, as required under paragraph (c)(2) of this section;
(ii) Identifying the name and address of the units that will burn
the comparable/syngas fuel; and
(iii) Certifying that the state in which the burner is located is
authorized to exclude wastes as comparable/syngas fuel under the
provisions of this section.
(13) Ineligible waste codes. Wastes that are listed because of
presence of dioxins or furans, as set out in Appendix VII of this part,
are not eligible for this exclusion, and any fuel produced from or
otherwise containing these wastes remains a hazardous waste subject to
full RCRA hazardous waste management requirements.
[63 FR 33823, June 19, 1998, as amended at 64 FR 53070, Sept. 30, 1999;
64 FR 63213, Nov. 19, 1999]
Appendices to Part 261
Appendix I to Part 261--Representative Sampling Methods
The methods and equipment used for sampling waste materials will
vary with the form and consistency of the waste materials to be sampled.
Samples collected using the sampling protocols listed below, for
sampling waste with properties similar to the indicated materials, will
be considered by the Agency to be representative of the waste.
Extremely viscous liquid--ASTM Standard D140-70 Crushed or powdered
material--ASTM Standard D346-75 Soil or rock-like
[[Page 84]]
material--ASTM Standard D420-69 Soil-like material--ASTM Standard D1452-
65
Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards are
available from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid wastes--``COLIWASA''
described in ``Test Methods for the Evaluation of Solid Waste, Physical/
Chemical Methods,'' 1a U.S. Environmental Protection Agency,
Office of Solid Waste, Washington, DC 20460. [Copies may be obtained
from Solid Waste Information, U.S. Environmental Protection Agency, 26
W. St. Clair St., Cincinnati, Ohio 45268]
---------------------------------------------------------------------------
1a These methods are also described in ``Samplers and
Sampling Procedures for Hazardous Waste Streams,'' EPA 600/2-80-018,
January 1980.
---------------------------------------------------------------------------
Liquid waste in pits, ponds, lagoons, and similar reservoirs.--``Pond
Sampler'' described in ``Test Methods for the Evaluation of Solid Waste,
Physical/Chemical Methods.'' 1a
This manual also contains additional information on
application of these protocols.
Appendix II to Part 261--Method 1311 Toxicity Characteristic Leaching
Procedure (TCLP)
Note:
The TCLP (Method 1311) is published in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as
incorporated by reference in Sec. 260.11 of this chapter.
[58 FR 46049, Aug. 31, 1993]
Appendix III to Part 261--Chemical Analysis Test Methods
Note:
Appropriate analytical procedures to determine whether a sample
contains a given toxic constituent are specified in Chapter Two,
``Choosing the Correct Procedure'' found in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter. Prior
to final sampling and analysis method selection, the individual should
consult the specific section or method described in SW-846 for
additional guidance on which of the approved methods should be employed
for a specific sample analysis situation.
[58 FR 46049, Aug. 31, 1993]
Appendix IV to Part 261--[Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261--[Reserved for Infectious Waste Treatment
Specifications]
Appendix VI to Part 261--[Reserved for Etiologic Agents]
Appendix VII to Part 261--Basis for Listing Hazardous Waste
------------------------------------------------------------------------
Hazardous constituents for which
EPA hazardous waste No. listed
------------------------------------------------------------------------
F001............................ Tetrachloroethylene, methylene
chloride trichloroethylene, 1,1,1-
trichloroethane, carbon
tetrachloride, chlorinated
fluorocarbons.
F002............................ Tetrachloroethylene, methylene
chloride, trichloroethylene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, chlorobenzene, 1,1,2-
trichloro-1,2,2-trichfluoroethane,
ortho-dichlorobenzene,
trichlorofluoromethane.
F003............................ N.A.
F004............................ Cresols and cresylic acid,
nitrobenzene.
F005............................ Toluene, methyl ethyl ketone, carbon
disulfide, isobutanol, pyridine, 2-
ethoxyethanol, benzene, 2-
nitropropane.
F006............................ Cadmium, hexavalent chromium, nickel,
cyanide (complexed).
F007............................ Cyanide (salts).
F008............................ Cyanide (salts).
F009............................ Cyanide (salts).
F010............................ Cyanide (salts).
F011............................ Cyanide (salts).
F012............................ Cyanide (complexed).
F019............................ Hexavalent chromium, cyanide
(complexed).
F020............................ Tetra- and pentachlorodibenzo-p-
dioxins; tetra and pentachlorodi-
benzofurans; tri- and
tetrachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F021............................ Penta- and hexachlorodibenzo-p-
dioxins; penta- and
hexachlorodibenzofurans;
pentachlorophenol and its
derivatives.
F022............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans.
F023............................ Tetra-, and pentachlorodibenzo-p-
dioxins; tetra- and
pentachlorodibenzofurans; tri- and
tetrachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
[[Page 85]]
F024............................ Chloromethane, dichloromethane,
trichloromethane, carbon
tetrachloride, chloroethylene, 1,1-
dichloroethane, 1,2-dichloroethane,
trans-1-2-dichloroethylene, 1,1-
dichloroethylene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, trichloroethylene,
1,1,1,2-tetra-chloroethane, 1,1,2,2-
tetrachloroethane,
tetrachloroethylene,
pentachloroethane, hexachloroethane,
allyl chloride (3-chloropropene),
dichloropropane, dichloropropene, 2-
chloro-1,3-butadiene, hexachloro-1,3-
butadiene, hexachlorocyclopentadiene,
hexachlorocyclohexane, benzene,
chlorbenzene, dichlorobenzenes, 1,2,4-
trichlorobenzene, tetrachlorobenzene,
pentachlorobenzene,
hexachlorobenzene, toluene,
naphthalene.
F025............................ Chloromethane; Dichloromethane;
Trichloromethane; Carbon
tetrachloride; Chloroethylene; 1,1-
Dichloroethane; 1,2-Dichloroethane;
trans-1,2-Dichloroethylene; 1,1-
Dichloroethylene; 1,1,1-
Trichloroethane; 1,1,2-
Trichloroethane; Trichloroethylene;
1,1,1,2-Tetrachloroethane; 1,1,2,2-
Tetrachloroethane;
Tetrachloroethylene;
Pentachloroethane; Hexachloroethane;
Allyl chloride (3-Chloropropene);
Dichloropropane; Dichloropropene; 2-
Chloro-1,3-butadiene; Hexachloro-1,3-
butadiene; Hexachlorocyclopentadiene;
Benzene; Chlorobenzene;
Dichlorobenzene; 1,2,4-
Trichlorobenzene; Tetrachlorobenzene;
Pentachlorobenzene;
Hexachlorobenzene; Toluene;
Naphthalene.
F026............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans.
F027............................ Tetra-, penta-, and hexachlorodibenzo-
p- dioxins; tetra-, penta-, and
hexachlorodibenzofurans; tri-, tetra-
, and pentachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F028............................ Tetra-, penta-, and hexachlorodibenzo-
p- dioxins; tetra-, penta-, and
hexachlorodibenzofurans; tri-, tetra-
, and pentachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F032............................ Benz(a)anthracene, benzo(a)pyrene,
dibenz(a,h)-anthracene, indeno(1,2,3-
cd)pyrene, pentachlorophenol,
arsenic, chromium, tetra-, penta-,
hexa-, heptachlorodibenzo-p-dioxins,
tetra-, penta-, hexa-,
heptachlorodibenzofurans.
F034............................ Benz(a)anthracene,
benzo(k)fluoranthene, benzo(a)pyrene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene, naphthalene, arsenic,
chromium.
F035............................ Arsenic, chromium, lead.
F037............................ Benzene, benzo(a)pyrene, chrysene,
lead, chromium.
F038............................ Benzene, benzo(a)pyrene chrysene,
lead, chromium.
F039............................ All constituents for which treatment
standards are specified for multi-
source leachate (wastewaters and
nonwastewaters) under 40 CFR
268.43(a), Table CCW.
K001............................ Pentachlorophenol, phenol, 2-
chlorophenol, p-chloro-m-cresol, 2,4-
dimethylphenyl, 2,4-dinitrophenol,
trichlorophenols, tetrachlorophenols,
2,4-dinitrophenol, cresosote,
chrysene, naphthalene, fluoranthene,
benzo(b)fluoranthene, benzo(a)pyrene,
indeno(1,2,3-cd)pyrene,
benz(a)anthracene,
dibenz(a)anthracene, acenaphthalene.
K002............................ Hexavalent chromium, lead
K003............................ Hexavalent chromium, lead.
K004............................ Hexavalent chromium.
K005............................ Hexavalent chromium, lead.
K006............................ Hexavalent chromium.
K007............................ Cyanide (complexed), hexavalent
chromium.
K008............................ Hexavalent chromium.
K009............................ Chloroform, formaldehyde, methylene
chloride, methyl chloride,
paraldehyde, formic acid.
K010............................ Chloroform, formaldehyde, methylene
chloride, methyl chloride,
paraldehyde, formic acid,
chloroacetaldehyde.
K011............................ Acrylonitrile, acetonitrile,
hydrocyanic acid.
K013............................ Hydrocyanic acid, acrylonitrile,
acetonitrile.
K014............................ Acetonitrile, acrylamide.
K015............................ Benzyl chloride, chlorobenzene,
toluene, benzotrichloride.
K016............................ Hexachlorobenzene,
hexachlorobutadiene, carbon
tetrachloride, hexachloroethane,
perchloroethylene.
K017............................ Epichlorohydrin, chloroethers
[bis(chloromethyl) ether and bis (2-
chloroethyl) ethers],
trichloropropane, dichloropropanols.
K018............................ 1,2-dichloroethane, trichloroethylene,
hexachlorobutadiene,
hexachlorobenzene.
K019............................ Ethylene dichloride, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, tetrachloroethanes
(1,1,2,2-tetrachloroethane and
1,1,1,2-tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl
chloride, vinylidene chloride.
K020............................ Ethylene dichloride, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, tetrachloroethanes
(1,1,2,2-tetrachloroethane and
1,1,1,2-tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl
chloride, vinylidene chloride.
K021............................ Antimony, carbon tetrachloride,
chloroform.
K022............................ Phenol, tars (polycyclic aromatic
hydrocarbons).
K023............................ Phthalic anhydride, maleic anhydride.
K024............................ Phthalic anhydride, 1,4-
naphthoquinone.
K025............................ Meta-dinitrobenzene, 2,4-
dinitrotoluene.
K026............................ Paraldehyde, pyridines, 2-picoline.
K027............................ Toluene diisocyanate, toluene-2, 4-
diamine.
K028............................ 1,1,1-trichloroethane, vinyl chloride.
K029............................ 1,2-dichloroethane, 1,1,1-
trichloroethane, vinyl chloride,
vinylidene chloride, chloroform.
K030............................ Hexachlorobenzene,
hexachlorobutadiene,
hexachloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-
tetrachloroethane, ethylene
dichloride.
K031............................ Arsenic.
K032............................ Hexachlorocyclopentadiene.
K033............................ Hexachlorocyclopentadiene.
K034............................ Hexachlorocyclopentadiene.
K035............................ Creosote, chrysene, naphthalene,
fluoranthene benzo(b) fluoranthene,
benzo(a)pyrene, indeno(1,2,3-cd)
pyrene, benzo(a)anthracene,
dibenzo(a)anthracene, acenaphthalene.
K036............................ Toluene, phosphorodithioic and
phosphorothioic acid esters.
K037............................ Toluene, phosphorodithioic and
phosphorothioic acid esters.
[[Page 86]]
K038............................ Phorate, formaldehyde,
phosphorodithioic and phosphorothioic
acid esters.
K039............................ Phosphorodithioic and phosphorothioic
acid esters.
K040............................ Phorate, formaldehyde,
phosphorodithioic and phosphorothioic
acid esters.
K041............................ Toxaphene.
K042............................ Hexachlorobenzene, ortho-
dichlorobenzene.
K043............................ 2,4-dichlorophenol, 2,6-
dichlorophenol, 2,4,6-
trichlorophenol.
K044............................ N.A.
K045............................ N.A.
K046............................ Lead.
K047............................ N.A.
K048............................ Hexavalent chromium, lead.
K049............................ Hexavalent chromium, lead.
K050............................ Hexavalent chromium.
K051............................ Hexavalent chromium, lead.
K052............................ Lead.
K060............................ Cyanide, napthalene, phenolic
compounds, arsenic.
K061............................ Hexavalent chromium, lead, cadmium.
K062............................ Hexavalent chromium, lead.
K064............................ Lead, cadmium.
K065............................ Do.
K066............................ Do.
K069............................ Hexavalent chromium, lead, cadmium.
K071............................ Mercury.
K073............................ Chloroform, carbon tetrachloride,
hexacholroethane, trichloroethane,
tetrachloroethylene,
dichloroethylene, 1,1,2,2-
tetrachloroethane.
K083............................ Aniline, diphenylamine, nitrobenzene,
phenylenediamine.
K084............................ Arsenic.
K085............................ Benzene, dichlorobenzenes,
trichlorobenzenes,
tetrachlorobenzenes,
pentachlorobenzene,
hexachlorobenzene, benzyl chloride.
K086............................ Lead, hexavalent chromium.
K087............................ Phenol, naphthalene.
K088............................ Cyanide (complexes).
K090............................ Chromium.
K091............................ Do.
K093............................ Phthalic anhydride, maleic anhydride.
K094............................ Phthalic anhydride.
K095............................ 1,1,2-trichloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-
tetrachloroethane.
K096............................ 1,2-dichloroethane, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane.
K097............................ Chlordane, heptachlor.
K098............................ Toxaphene.
K099............................ 2,4-dichlorophenol, 2,4,6-
trichlorophenol.
K100............................ Hexavalent chromium, lead, cadmium.
K101............................ Arsenic.
K102............................ Arsenic.
K103............................ Aniline, nitrobenzene,
phenylenediamine.
K104............................ Aniline, benzene, diphenylamine,
nitrobenzene, phenylenediamine.
K105............................ Benzene, monochlorobenzene,
dichlorobenzenes, 2,4,6-
trichlorophenol.
K106............................ Mercury.
K107............................ 1,1-Dimethylhydrazine (UDMH).
K108............................ 1,1-Dimethylhydrazine (UDMH).
K109............................ 1,1-Dimethylhydrazine (UDMH).
K110............................ 1,1-Dimethylhydrazine (UDMH).
K111............................ 2,4-Dinitrotoluene.
K112............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine, aniline.
K113............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine, aniline.
K114............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine.
K115............................ 2,4-Toluenediamine.
K116............................ Carbon tetrachloride,
tetrachloroethylene, chloroform,
phosgene.
K117............................ Ethylene dibromide.
K118............................ Ethylene dibromide.
K123............................ Ethylene thiourea.
K124............................ Ethylene thiourea.
K125............................ Ethylene thiourea.
K126............................ Ethylene thiourea.
K131............................ Dimethyl sulfate, methyl bromide.
K132............................ Methyl bromide.
K136............................ Ethylene dibromide.
K141............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K142............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K143............................ Benzene, benz(a)anthracene,
benzo(b)fluoranthene,
benzo(k)fluoranthene.
K144............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene.
K145............................ Benzene, benz(a)anthracene,
benzo(a)pyrene,
dibenz(a,h)anthracene, naphthalene.
K147............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K148............................ Benz(a)anthracene, benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K149............................ Benzotrichloride, benzyl chloride,
chloroform, chloromethane,
chlorobenzene, 1,4-dichlorobenzene,
hexachlorobenzene,
pentachlorobenzene, 1,2,4,5-
tetrachlorobenzene, toluene.
K150............................ Carbon tetrachloride, chloroform,
chloromethane, 1,4-dichlorobenzene,
hexachlorobenzene,
pentachlorobenzene, 1,2,4,5-
tetrachlorobenzene, 1,1,2,2-
tetrachloroethane,
tetrachloroethylene, 1,2,4-
trichlorobenzene.
K151............................ Benzene, carbon tetrachloride,
chloroform, hexachlorobenzene,
pentachlorobenzene, toluene, 1,2,4,5-
tetrachlorobenzene,
tetrachloroethylene.
K156............................ Benomyl, carbaryl, carbendazim,
carbofuran, carbosulfan,
formaldehyde, methylene chloride,
triethylamine.
K157............................ Carbon tetrachloride, formaldehyde,
methyl chloride, methylene chloride,
pyridine, triethylamine.
K158............................ Benomyl, carbendazim, carbofuran,
carbosulfan, chloroform, methylene
chloride.
K159............................ Benzene, butylate, eptc, molinate,
pebulate, vernolate.
K161............................ Antimony, arsenic, metam-sodium,
ziram.
K169............................ Benzene.
K170............................ Benzo(a)pyrene, dibenz(a,h)anthracene,
benzo (a) anthracene, benzo
(b)fluoranthene,
benzo(k)fluoranthene, 3-
methylcholanthrene, 7, 12-
dimethylbenz(a)anthracene.
K171............................ Benzene, arsenic.
K172............................ Benzene, arsenic.
------------------------------------------------------------------------
N.A.--Waste is hazardous because it fails the test for the
characteristic of ignitability, corrosivity, or reactivity.
[46 FR 4619, Jan. 16, 1981]
Editorial Note: For Federal Register citations affecting Appendix
VII, part 261, see
[[Page 87]]
the List of CFR Sections Affected in the Finding Aids section of this
volume.
Appendix VIII to Part 261--Hazardous Constituents
----------------------------------------------------------------------------------------------------------------
Chemical Hazardous
Common name Chemical abstracts name abstracts No. waste No.
----------------------------------------------------------------------------------------------------------------
A2213...................................... Ethanimidothioic acid, 2- 30558-43-1 U394
(dimethylamino) -N-hydroxy-2-oxo-,
methyl ester.
Acetonitrile............................... Same............................... 75-05-8 U003
Acetophenone............................... Ethanone, 1-phenyl-................ 98-86-2 U004
2-Acetylaminefluarone...................... Acetamide, N-9H-fluoren-2-yl-...... 53-96-3 U005
Acetyl chloride............................ Same............................... 75-36-5 U006
1-Acetyl-2-thiourea........................ Acetamide, N-(aminothioxomethyl)-.. 591-08-2 P002
Acrolein................................... 2-Propenal......................... 107-02-8 P003
Acrylamide................................. 2-Propenamide...................... 79-06-1 U007
Acrylonitrile.............................. 2-Propenenitrile................... 107-13-1 U009
Aflatoxins................................. Same............................... 1402-68-2 ...........
Aldicarb................................... Propanal, 2-methyl-2-(methylthio)-, 116-06-3 P070
O-[(methylamino)carbonyl]oxime.
Aldicarb sulfone........................... Propanal, 2-methyl-2- 1646-88-4 P203
(methylsulfonyl) -, O-
[(methylamino) carbonyl] oxime.
Aldrin..................................... 1,4,5,8-Dimethanonaphthalene, 309-00-2 P004
1,2,3,4,10,10-10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alph
a, 8abeta)-.
Allyl alcohol.............................. 2-Propen-1-ol...................... 107-18-6 P005
Allyl chloride............................. 1-Propane, 3-chloro................ 107-18-6 ...........
Aluminum phosphide......................... Same............................... 20859-73-8 P006
4-Aminobiphenyl............................ [1,1'-Biphenyl]-4-amine............ 92-67-1 ...........
5-(Aminomethyl)-3-isoxazolol............... 3(2H)-Isoxazolone, 5-(aminomethyl)- 2763-96-4 P007
4-Aminopyridine............................ 4-Pyridinamine..................... 504-24-5 P008
Amitrole................................... 1H-1,2,4-Triazol-3-amine........... 61-82-5 U011
Ammonium vanadate.......................... Vanadic acid, ammonium salt........ 7803-55-6 P119
Aniline.................................... Benzenamine........................ 62-53-3 U012
Antimony................................... Same............................... 7440-36-0 ...........
Antimony compounds, N.O.S. \1\............. ................................... ................. ...........
Aramite.................................... Sulfurous acid, 2-chloroethyl 2-[4- 140-57-8 ...........
(1,1-dimethylethyl)phenoxy]-1-
methylethyl ester.
Arsenic.................................... Same............................... 7440-38-2 ...........
Arsenic compounds, N.O.S. \1\.............. ................................... ................. ...........
Arsenic acid............................... Arsenic acid H3 AsO4............... 7778-39-4 P010
Arsenic pentoxide.......................... Arsenic oxide As2 O5............... 1303-28-2 P011
Arsenic trioxide........................... Arsenic oxide As2 O3............... 1327-53-3 P012
Auramine................................... Benzenamine, 4,4'- 492-80-8 U014
carbonimidoylbis[N,N-dimethyl.
Azaserine.................................. L-Serine, diazoacetate (ester)..... 115-02-6 U015
Barban..................................... Carbamic acid, (3-chlorophenyl) -, 101-27-9 U280
4-chloro-2-butynyl ester.
Barium..................................... Same............................... 7440-39-3 ...........
Barium compounds, N.O.S. \1\............... ................................... ................. ...........
Barium cyanide............................. Same............................... 542-62-1 P013
Bendiocarb................................. 1,3-Benzodioxol-4-ol, 2,2-dimethyl- 22781-23-3 U278
, methyl carbamate.
Bendiocarb phenol.......................... 1,3-Benzodioxol-4-ol, 2,2-dimethyl- 22961-82-6 U364
,.
Benomyl.................................... Carbamic acid, [1- [(butylamino) 17804-35-2 U271
carbonyl]- 1H-benzimidazol-2-yl] -
, methyl ester.
Benz[c]acridine............................ Same............................... 225-51-4 U016
Benz[a]anthracene.......................... Same............................... 56-55-3 U018
Benzal chloride............................ Benzene, (dichloromethyl)-......... 98-87-3 U017
Benzene.................................... Same............................... 71-43-2 U019
Benzenearsonic acid........................ Arsonic acid, phenyl-.............. 98-05-5 ...........
Benzidine.................................. [1,1'-Biphenyl]-4,4 \1\-diamine.... 92-87-5 U021
Benzo[b]fluoranthene....................... Benz[e]acephenanthrylene........... 205-99-2 ...........
Benzo[j]fluoranthene....................... Same............................... 205-82-3 ...........
Benzo(k)fluoranthene....................... Same............................... 207-08-9 ...........
Benzo[a]pyrene............................. Same............................... 50-32-8 U022
p-Benzoquinone............................. 2,5-Cyclohexadiene-1,4-dione....... 106-51-4 U197
Benzotrichloride........................... Benzene, (trichloromethyl)-........ 98-07-7 U023
Benzyl chloride............................ Benzene, (chloromethyl)-........... 100-44-7 P028
Beryllium powder........................... Same............................... 7440-41-7 P015
Beryllium compounds, N.O.S. \1\............ ................................... ................. ...........
Bis(pentamethylene)-thiuram tetrasulfide... Piperidine, 1,1'- 120-54-7 ...........
(tetrathiodicarbonothioyl)-bis-.
Bromoacetone............................... 2-Propanone, 1-bromo-.............. 598-31-2 P017
[[Page 88]]
Bromoform.................................. Methane, tribromo-................. 75-25-2 U225
4-Bromophenyl phenyl ether................. Benzene, 1-bromo-4-phenoxy-........ 101-55-3 U030
Brucine.................................... Strychnidin-10-one, 2,3-dimethoxy-. 357-57-3 P018
Butyl benzyl phthalate..................... 1,2-Benzenedicarboxylic acid, butyl 85-68-7 ...........
phenylmethyl ester.
Butylate................................... Carbamothioic acid, bis(2- 2008-41-5 ...........
methylpropyl)-, S-ethyl ester.
Cacodylic acid............................. Arsinic acid, dimethyl-............ 75-60-5 U136
Cadmium.................................... Same............................... 7440-43-9 ...........
Cadmium compounds, N.O.S. \1\.............. ................................... ................. ...........
Calcium chromate........................... Chromic acid H2 CrO4, calcium salt. 13765-19-0 U032
Calcium cyanide............................ Calcium cyanide Ca(CN)2............ 592-01-8 P021
Carbaryl................................... 1-Naphthalenol, methylcarbamate.... 63-25-2 U279
Carbendazim................................ Carbamic acid, 1H-benzimidazol-2- 10605-21-7 U372
yl, methyl ester.
Carbofuran................................. 7-Benzofuranol, 2,3-dihydro-2,2- 1563-66-2 P127
dimethyl-, methylcarbamate.
Carbofuran phenol.......................... 7-Benzofuranol, 2,3-dihydro-2,2- 1563-38-8 U367
dimethyl-.
Carbon disulfide........................... Same............................... 75-15-0 P022
Carbon oxyfluoride......................... Carbonic difluoride................ 353-50-4 U033
Carbon tetrachloride....................... Methane, tetrachloro-.............. 56-23-5 U211
Carbosulfan................................ Carbamic acid, [(dibutylamino) 55285-14-8 P189
thio] methyl-, 2,3-dihydro-2,2-
dimethyl-7-benzofuranyl ester.
Chloral.................................... Acetaldehyde, trichloro-........... 75-87-6 U034
Chlorambucil............................... Benzenebutanoic acid, 4-[bis(2- 305-03-3 U035
chloroethyl)amino]-.
Chlordane.................................. 4,7-Methano-1H-indene, 57-74-9 U036
1,2,4,5,6,7,8,8-octachloro-
2,3,3a,4,7,7a-hexahydro-.
Chlordane (alpha and gamma isomers)........ ................................... ................. U036
Chlorinated benzenes, N.O.S. \1\........... ................................... ................. ...........
Chlorinated ethane, N.O.S. \1\............. ................................... ................. ...........
Chlorinated fluorocarbons, N.O.S. \1\...... ................................... ................. ...........
Chlorinated naphthalene, N.O.S. \1\........ ................................... ................. ...........
Chlorinated phenol, N.O.S. \1\............. ................................... ................. ...........
Chlornaphazin.............................. Naphthalenamine, N,N'-bis(2- 494-03-1 U026
chloroethyl)-.
Chloroacetaldehyde......................... Acetaldehyde, chloro-.............. 107-20-0 P023
Chloroalkyl ethers, N.O.S. \1\............. ................................... ................. ...........
p-Chloroaniline............................ Benzenamine, 4-chloro-............. 106-47-8 P024
Chlorobenzene.............................. Benzene, chloro-................... 108-90-7 U037
Chlorobenzilate............................ Benzeneacetic acid, 4-chloro-alpha- 510-15-6 U038
(4-chlorophenyl)-alpha-hydroxy-,
ethyl ester.
p-Chloro-m-cresol.......................... Phenol, 4-chloro-3-methyl-......... 59-50-7 U039
2-Chloroethyl vinyl ether.................. Ethene, (2-chloroethoxy)-.......... 110-75-8 U042
Chloroform................................. Methane, trichloro-................ 67-66-3 U044
Chloromethyl methyl ether.................. Methane, chloromethoxy-............ 107-30-2 U046
beta-Chloronaphthalene..................... Naphthalene, 2-chloro-............. 91-58-7 U047
o-Chlorophenol............................. Phenol, 2-chloro-.................. 95-57-8 U048
1-(o-Chlorophenyl)thiourea................. Thiourea, (2-chlorophenyl)-........ 5344-82-1 P026
Chloroprene................................ 1,3-Butadiene, 2-chloro-........... 126-99-8 ...........
3-Chloropropionitrile...................... Propanenitrile, 3-chloro-.......... 542-76-7 P027
Chromium................................... Same............................... 7440-47-3 ...........
Chromium compounds, N.O.S. \1\............. ................................... ................. ...........
Chrysene................................... Same............................... 218-01-9 U050
Citrus red No. 2........................... 2-Naphthalenol, 1-[(2,5- 6358-53-8 ...........
dimethoxyphenyl)azo]-.
Coal tar creosote.......................... Same............................... 8007-45-2 ...........
Copper cyanide............................. Copper cyanide CuCN................ 544-92-3 P029
Copper dimethyldithiocarbamate............. Copper, 137-29-1 ...........
bis(dimethylcarbamodithioato-S,S')-
,.
Creosote................................... Same............................... ................. U051
Cresol (Cresylic acid)..................... Phenol, methyl-.................... 1319-77-3 U052
Crotonaldehyde............................. 2-Butenal.......................... 4170-30-3 U053
m-Cumenyl methylcarbamate.................. Phenol, 3-(methylethyl)-, methyl 64-00-6 P202
carbamate.
Cyanides (soluble salts and complexes) ................................... ................. P030
N.O.S. \1\.
Cyanogen................................... Ethanedinitrile.................... 460-19-5 P031
Cyanogen bromide........................... Cyanogen bromide (CN)Br............ 506-68-3 U246
Cyanogen chloride.......................... Cyanogen chloride (CN)Cl........... 506-77-4 P033
Cycasin.................................... beta-D-Glucopyranoside, (methyl-ONN- 14901-08-7 ...........
azoxy)methyl.
Cycloate................................... Carbamothioic acid, cyclohexylethyl- 1134-23-2 ...........
, S-ethyl ester.
2-Cyclohexyl-4,6-dinitrophenol............. Phenol, 2-cyclohexyl-4,6-dinitro-.. 131-89-5 P034
[[Page 89]]
Cyclophosphamide........................... 2H-1,3,2-Oxazaphosphorin-2-amine, 50-18-0 U058
N,N-bis(2-chloroethyl)tetrahydro-,
2-oxide.
2,4-D...................................... Acetic acid, (2,4-dichlorophenoxy)- 94-75-7 U240
2,4-D, salts, esters....................... ................................... ................. U240
Daunomycin................................. 5,12-Naphthacenedione, 8-acetyl-10- 20830-81-3 U059
[(3-amino-2,3,6-trideoxy-alpha-L-
lyxo- hexopyranosyl)oxy]-7,8,9,10-
tetrahydro-6,8,11-trihydroxy-1-
methoxy-, (8S-cis)-.
Dazomet.................................... 2H-1,3,5-thiadiazine-2-thione, 533-74-4 ...........
tetrahydro-3,5-dimethyl.
DDD........................................ Benzene, 1,1'-(2,2- 72-54-8 U060
dichloroethylidene)bis[4-chloro-.
DDE........................................ Benzene, 1,1'- 72-55-9 ...........
(dichloroethenylidene)bis[4-chloro-
.
DDT........................................ Benzene, 1,1'-(2,2,2- 50-29-3 U061
trichloroethylidene)bis[4-chloro-.
Diallate................................... Carbamothioic acid, bis(1- 2303-16-4 U062
methylethyl)-, S-(2,3-dichloro-2-
propenyl) ester.
Dibenz[a,h]acridine........................ Same............................... 226-36-8 ...........
Dibenz[a,j]acridine........................ Same............................... 224-42-0 ...........
Dibenz[a,h]anthracene...................... Same............................... 53-70-3 U063
7H-Dibenzo[c,g]carbazole................... Same............................... 194-59-2 ...........
Dibenzo[a,e]pyrene......................... Naphtho[1,2,3,4-def]chrysene....... 192-65-4 ...........
Dibenzo[a,h]pyrene......................... Dibenzo[b,def]chrysene............. 189-64-0 ...........
Dibenzo[a,i]pyrene......................... Benzo[rst]pentaphene............... 189-55-9 U064
1,2-Dibromo-3-chloropropane................ Propane, 1,2-dibromo-3-chloro-..... 96-12-8 U066
Dibutyl phthalate.......................... 1,2-Benzenedicarboxylic acid, 84-74-2 U069
dibutyl ester.
o-Dichlorobenzene.......................... Benzene, 1,2-dichloro-............. 95-50-1 U070
m-Dichlorobenzene.......................... Benzene, 1,3-dichloro-............. 541-73-1 U071
p-Dichlorobenzene.......................... Benzene, 1,4-dichloro-............. 106-46-7 U072
Dichlorobenzene, N.O.S. \1\................ Benzene, dichloro-................. 25321-22-6 ...........
3,3'-Dichlorobenzidine..................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 91-94-1 U073
dichloro-.
1,4-Dichloro-2-butene...................... 2-Butene, 1,4-dichloro-............ 764-41-0 U074
Dichlorodifluoromethane.................... Methane, dichlorodifluoro-......... 75-71-8 U075
Dichloroethylene, N.O.S. \1\............... Dichloroethylene................... 25323-30-2 ...........
1,1-Dichloroethylene....................... Ethene, 1,1-dichloro-.............. 75-35-4 U078
1,2-Dichloroethylene....................... Ethene, 1,2-dichlrol-, (E)-........ 156-60-5 U079
Dichloroethyl ether........................ Ethane, 1,1'oxybis[2-chloro-....... 111-44-4 U025
Dichloroisopropyl ether.................... Propane, 2,2'-oxybis[2-chloro-..... 108-60-1 U027
Dichloromethoxy ethane..................... Ethane, 1,1'- 111-91-1 U024
[methylenebis(oxy)]bis[2-chloro-.
Dichloromethyl ether....................... Methane, oxybis[chloro-............ 542-88-1 P016
2,4-Dichlorophenol......................... Phenol, 2,4-dichloro-.............. 120-83-2 U081
2,6-Dichlorophenol......................... Phenol, 2,6-dichloro-.............. 87-65-0 U082
Dichlorophenylarsine....................... Arsonous dichloride, phenyl-....... 696-28-6 P036
Dichloropropane, N.O.S. \1\................ Propane, dichloro-................. 26638-19-7 ...........
Dichloropropanol, N.O.S. \1\............... Propanol, dichloro-................ 26545-73-3 ...........
Dichloropropene, N.O.S. \1\................ 1-Propene, dichloro-............... 26952-23-8 ...........
1,3-Dichloropropene........................ 1-Propene, 1,3-dichloro-........... 542-75-6 U084
Dieldrin................................... 2,7:3,6-Dimethanonaphth[2,3- 60-57-1 P037
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta
, 6aalpha,7beta,7aalpha)-.
1,2:3,4-Diepoxybutane...................... 2,2-Bioxirane...................... 1464-53-5 U085
Diethylarsine.............................. Arsine, diethyl-................... 692-42-2 P038
Diethylene glycol, dicarbamate............. Ethanol, 2,2'-oxybis-, dicarbamate. 5952-26-1 U395
1,4-Diethyleneoxide........................ 1,4-Dioxane........................ 123-91-1 U108
Diethylhexyl phthalate..................... 1,2-Benzenedicarboxylic acid, bis(2- 117-81-7 U028
ethylhexyl) ester.
N,N'-Diethylhydrazine...................... Hydrazine, 1,2-diethyl-............ 1615-80-1 U086
O,O-Diethyl S-methyl dithiophosphate....... Phosphorodithioic acid, O,O-diethyl 3288-58-2 U087
S-methyl ester.
Diethyl-p-nitrophenyl phosphate............ Phosphoric acid, diethyl 4- 311-45-5 P041
nitrophenyl ester.
Diethyl phthalate.......................... 1,2-Benzenedicarboxylic acid, 84-66-2 U088
diethyl ester.
O,O-Diethyl O-pyrazinyl phosphoro- thioate. Phosphorothioic acid, O,O-diethyl O- 297-97-2 P040
pyrazinyl ester.
Diethylstilbesterol........................ Phenol, 4,4'-(1,2-diethyl-1,2- 56-53-1 U089
ethenediyl)bis-, (E)-.
Dihydrosafrole............................. 1,3-Benzodioxole, 5-propyl-........ 94-58-6 U090
Diisopropylfluorophosphate (DFP)........... Phosphorofluoridic acid, bis(1- 55-91-4 P043
methylethyl) ester.
Dimethoate................................. Phosphorodithioic acid, O,O- 60-51-5 P044
dimethyl S-[2-(methylamino)-2-
oxoethyl] ester.
[[Page 90]]
3,3'-Dimethoxybenzidine.................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 119-90-4 U091
dimethoxy-.
p-Dimethylaminoazobenzene.................. Benzenamine, N,N-dimethyl-4- 60-11-7 U093
(phenylazo)-.
7,12-Dimethylbenz[a]anthracene............. Benz[a]anthracene, 7,12-dimethyl-.. 57-97-6 U094
3,3'-Dimethylbenzidine..................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 119-93-7 U095
dimethyl-.
Dimethylcarbamoyl chloride................. Carbamic chloride, dimethyl-....... 79-44-7 U097
1,1-Dimethylhydrazine...................... Hydrazine, 1,1-dimethyl-........... 57-14-7 U098
1,2-Dimethylhydrazine...................... Hydrazine, 1,2-dimethyl-........... 540-73-8 U099
alpha,alpha-Dimethylphenethylamine......... Benzeneethanamine, alpha,alpha- 122-09-8 P046
dimethyl-.
2,4-Dimethylphenol......................... Phenol, 2,4-dimethyl-.............. 105-67-9 U101
Dimethyl phthalate......................... 1,2-Benzenedicarboxylic acid, 131-11-3 U102
dimethyl ester.
Dimethyl sulfate........................... Sulfuric acid, dimethyl ester...... 77-78-1 U103
Dimetilan.................................. Carbamic acid, dimethyl-, 1- 644-64-4 P191
[(dimethylamino) carbonyl]-5-
methyl-1H-pyrazol-3-yl ester.
Dinitrobenzene, N.O.S. \1\................. Benzene, dinitro-.................. 25154-54-5 ...........
4,6-Dinitro-o-cresol....................... Phenol, 2-methyl-4,6-dinitro-...... 534-52-1 P047
4,6-Dinitro-o-cresol salts................. ................................... ................. P047
2,4-Dinitrophenol.......................... Phenol, 2,4-dinitro-............... 51-28-5 P048
2,4-Dinitrotoluene......................... Benzene, 1-methyl-2,4-dinitro-..... 121-14-2 U105
2,6-Dinitrotoluene......................... Benzene, 2-methyl-1,3-dinitro-..... 606-20-2 U106
Dinoseb.................................... Phenol, 2-(1-methylpropyl)-4,6- 88-85-7 P020
dinitro-.
Di-n-octyl phthalate....................... 1,2-Benzenedicarboxylic acid, 117-84-0 U017
dioctyl ester.
Diphenylamine.............................. Benzenamine, N-phenyl-............. 122-39-4 ...........
1,2-Diphenylhydrazine...................... Hydrazine, 1,2-diphenyl-........... 122-66-7 U109
Di-n-propylnitrosamine..................... 1-Propanamine, N-nitroso-N-propyl-. 621-64-7 U111
Disulfiram................................. Thioperoxydicarbonic diamide, 97-77-8 ...........
tetraethyl.
Disulfoton................................. Phosphorodithioic acid, O,O-diethyl 298-04-4 P039
S-[2-(ethylthio)ethyl] ester.
Dithiobiuret............................... Thioimidodicarbonic diamide [(H2 541-53-7 P049
N)C(S)]2 NH.
Endosulfan................................. 6,9-Methano-2,4,3- 115-29-7 P050
benzodioxathiepin, 6,7,8,9,10,10-
hexachloro-1,5,5a,6,9,9a-
hexahydro-, 3-oxide.
Endothall.................................. 7-Oxabicyclo[2.2.1]heptane-2,3- 145-73-3 P088
dicarboxylic acid.
Endrin..................................... 2,7:3,6-Dimethanonaphth[2,3- 72-20-8 P051
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octa-hydro-,
(1aalpha,2beta,2abeta,3alpha,6alph
a, 6abeta,7beta,7aalpha)-.
Endrin metabolites......................... ................................... ................. P051
Epichlorohydrin............................ Oxirane, (chloromethyl)-........... 106-89-8 U041
Epinephrine................................ 1,2-Benzenediol, 4-[1-hydroxy-2- 51-43-4 P042
(methylamino)ethyl]-, (R)-.
EPTC....................................... Carbamothioic acid, dipropyl-, S- 759-94-4 ...........
ethyl ester.
Ethyl carbamate (urethane)................. Carbamic acid, ethyl ester......... 51-79-6 U238
Ethyl cyanide.............................. Propanenitrile..................... 107-12-0 P101
Ethyl Ziram................................ Zinc, bis(diethylcarbamodithioato- 14324-55-1 ...........
S,S')-.
Ethylenebisdithiocarbamic acid............. Carbamodithioic acid, 1,2- 111-54-6 U114
ethanediylbis-.
Ethylenebisdithiocarbamic acid, salts and ................................... ................. U114
esters.
Ethylene dibromide......................... Ethane, 1,2-dibromo-............... 106-93-4 U067
Ethylene dichloride........................ Ethane, 1,2-dichloro-.............. 107-06-2 U077
Ethylene glycol monoethyl ether............ Ethanol, 2-ethoxy-................. 110-80-5 U359
Ethyleneimine.............................. Aziridine.......................... 151-56-4 P054
Ethylene oxide............................. Oxirane............................ 75-21-8 U115
Ethylenethiourea........................... 2-Imidazolidinethione.............. 96-45-7 U116
Ethylidene dichloride...................... Ethane, 1,1-dichloro-.............. 75-34-3 U076
Ethyl methacrylate......................... 2-Propenoic acid, 2-methyl-, ethyl 97-63-2 U118
ester.
Ethyl methanesulfonate..................... Methanesulfonic acid, ethyl ester.. 62-50-0 U119
Famphur.................................... Phosphorothioic acid, O-[4- 52-85-7 P097
[(dimethylamino)sulfonyl]phenyl]
O,O-dimethyl ester.
Ferbam..................................... Iron, tris(dimethylcarbamodithioato- 14484-64-1 ...........
S,S')-,.
Fluoranthene............................... Same............................... 206-44-0 U120
Fluorine................................... Same............................... 7782-41-4 P056
Fluoroacetamide............................ Acetamide, 2-fluoro-............... 640-19-7 P057
Fluoroacetic acid, sodium salt............. Acetic acid, fluoro-, sodium salt.. 62-74-8 P058
Formaldehyde............................... Same............................... 50-00-0 U122
Formetanate hydrochloride.................. Methanimidamide, N,N-dimethyl-N'-[3- 23422-53-9 P198
[[(methylamino)
carbonyl]oxy]phenyl]-,
monohydrochloride.
Formic acid................................ Same............................... 64-18-6 U123
[[Page 91]]
Formparanate............................... Methanimidamide, N,N-dimethyl-N'-[2- 17702-57-7 P197
methyl-4-[[(methylamino)
carbonyl]oxy]phenyl]-.
Glycidylaldehyde........................... Oxiranecarboxyaldehyde............. 765-34-4 U126
Halomethanes, N.O.S. \1\................... ................................... ................. ...........
Heptachlor................................. 4,7-Methano-1H-indene, 76-44-8 P059
1,4,5,6,7,8,8-heptachloro-
3a,4,7,7a-tetrahydro-.
Heptachlor epoxide......................... 2,5-Methano-2H-indeno[1,2- 1024-57-3 ...........
b]oxirene, 2,3,4,5,6,7,7-
heptachloro-1a,1b,5,5a,6,6a-hexa-
hydro-,
(1aalpha,1bbeta,2alpha,5alpha,
5abeta,6beta,6aalpha)-.
Heptachlor epoxide (alpha, beta, and gamma ................................... ................. ...........
isomers).
Heptachlorodibenzofurans................... ................................... ................. ...........
Heptachlorodibenzo-p-dioxins............... ................................... ................. ...........
Hexachlorobenzene.......................... Benzene, hexachloro-............... 118-74-1 U127
Hexachlorobutadiene........................ 1,3-Butadiene, 1,1,2,3,4,4- 87-68-3 U128
hexachloro-.
Hexachlorocyclopentadiene.................. 1,3-Cyclopentadiene, 1,2,3,4,5,5- 77-47-4 U130
hexachloro-.
Hexachlorodibenzo-p-dioxins................ ................................... ................. ...........
Hexachlorodibenzofurans.................... ................................... ................. ...........
Hexachloroethane........................... Ethane, hexachloro-................ 67-72-1 U131
Hexachlorophene............................ Phenol, 2,2'-methylenebis[3,4,6- 70-30-4 U132
trichloro-.
Hexachloropropene.......................... 1-Propene, 1,1,2,3,3,3-hexachloro-. 1888-71-7 U243
Hexaethyl tetraphosphate................... Tetraphosphoric acid, hexaethyl 757-58-4 P062
ester.
Hydrazine.................................. Same............................... 302-01-2 U133
Hydrogen cyanide........................... Hydrocyanic acid................... 74-90-8 P063
Hydrogen fluoride.......................... Hydrofluoric acid.................. 7664-39-3 U134
Hydrogen sulfide........................... Hydrogen sulfide H2 S.............. 7783-06-4 U135
Indeno[1,2,3-cd]pyrene..................... Same............................... 193-39-5 U137
3-Iodo-2-propynyl n-butylcarbamate......... Carbamic acid, butyl-, 3-iodo-2- 55406-53-6 ...........
propynyl ester.
Isobutyl alcohol........................... 1-Propanol, 2-methyl-.............. 78-83-1 U140
Isodrin.................................... 1,4,5,8-Dimethanonaphthalene, 465-73-6 P060
1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5beta,
8beta,8abeta)-.
Isolan..................................... Carbamic acid, dimethyl-, 3-methyl- 119-38-0 P192
1-(1-methylethyl)-1H-pyrazol-5-yl
ester.
Isosafrole................................. 1,3-Benzodioxole, 5-(1-propenyl)-.. 120-58-1 U141
Kepone..................................... 1,3,4-Metheno-2H- 143-50-0 U142
cyclobuta[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-.
Lasiocarpine............................... 2-Butenoic acid, 2-methyl-,7-[[2,3- 303-34-1 4143
dihydroxy-2-(1-methoxyethyl)-3-
methyl-1-
oxobutoxy]methyl]-2,3,5,7a-
tetrahydro-1H-pyrrolizin-1-yl
ester,.
[1S-
[1alpha(Z),7(2S*,3R*),7aalpha]]-.
Lead....................................... Same............................... 7439-92-1 ...........
Lead compounds, N.O.S.1.................... ................................... ................. ...........
Lead acetate............................... Acetic acid, lead(2+) salt......... 301-04-2 U144
Lead phosphate............................. Phosphoric acid, lead(2+) salt 7446-27-7 U145
(2:3).
Lead subacetate............................ Lead, bis(acetato-O)tetrahydroxytri- 1335-32-6 U146
.
Lindane.................................... Cyclohexane, 1,2,3,4,5,6-hexachloro- 58-89-9 U129
, (1alpha,2alpha,3beta,4alpha,
5alpha,6beta)-.
Maleic anhydride........................... 2,5-Furandione..................... 108-31-6 U147
Maleic hydrazide........................... 3,6-Pyridazinedione, 1,2-dihydro-.. 123-33-1 U148
Malononitrile.............................. Propanedinitrile................... 109-77-3 U149
Manganese dimethyldithiocarbamate.......... Manganese, 15339-36-3 P196
bis(dimethylcarbamodithioato-S,S')-
,.
Melphalan.................................. L-Phenylalanine, 4-[bis(2- 148-82-3 U150
chloroethyl)aminol]-.
Mercury.................................... Same............................... 7439-97-6 U151
Mercury compounds, N.O.S.1................. ................................... ................. ...........
Mercury fulminate.......................... Fulminic acid, mercury(2+) salt.... 628-86-4 P065
Metam Sodium............................... Carbamodithioic acid, methyl-, 137-42-8
monosodium salt.
Methacrylonitrile.......................... 2-Propenenitrile, 2-methyl-........ 126-98-7 U152
Methapyrilene.............................. 1,2-Ethanediamine, N,N-dimethyl-N'- 91-80-5 U155
2-pyridinyl-N'-(2-thienylmethyl)-.
Methiocarb................................. Phenol, (3,5-dimethyl-4- 2032-65-7 P199
(methylthio)-, methylcarbamate.
[[Page 92]]
Methomyl................................... Ethanimidothioic acid, N- 16752-77-5 P066
[[(methylamino)carbonyl]oxy]-,
methyl ester.
Methoxychlor............................... Benzene, 1,1'-(2,2,2- 72-43-5 U247
trichloroethylidene)bis[4-methoxy-.
Methyl bromide............................. Methane, bromo-.................... 74-83-9 U029
Methyl chloride............................ Methane, chloro-................... 74-87-3 U045
Methyl chlorocarbonate..................... Carbonochloridic acid, methyl ester 79-22-1 U156
Methyl chloroform.......................... Ethane, 1,1,1-trichloro-........... 71-55-6 U226
3-Methylcholanthrene....................... Benz[j]aceanthrylene, 1,2-dihydro-3- 56-49-5 U157
methyl-.
4,4'-Methylenebis(2-chloroaniline)......... Benzenamine, 4,4'-methylenebis[2- 101-14-4 U158
chloro-.
Methylene bromide.......................... Methane, dibromo-.................. 74-95-3 U068
Methylene chloride......................... Methane, dichloro-................. 75-09-2 U080
Methyl ethyl ketone (MEK).................. 2-Butanone......................... 78-93-3 U159
Methyl ethyl ketone peroxide............... 2-Butanone, peroxide............... 1338-23-4 U160
Methyl hydrazine........................... Hydrazine, methyl-................. 60-34-4 P068
Methyl iodide.............................. Methane, iodo-..................... 74-88-4 U138
Methyl isocyanate.......................... Methane, isocyanato-............... 624-83-9 P064
2-Methyllactonitrile....................... Propanenitrile, 2-hydroxy-2-methyl- 75-86-5 P069
Methyl methacrylate........................ 2-Propenoic acid, 2-methyl-, methyl 80-62-6 U162
ester.
Methyl methanesulfonate.................... Methanesulfonic acid, methyl ester. 66-27-3 ...........
Methyl parathion........................... Phosphorothioic acid, O,O-dimethyl 298-00-0 P071
O-(4-nitrophenyl) ester.
Methylthiouracil........................... 4(1H)-Pyrimidinone, 2,3-dihydro-6- 56-04-2 U164
methyl-2-thioxo-.
Metolcarb.................................. Carbamic acid, methyl-, 3- 1129-41-5 P190
methylphenyl ester.
Mexacarbate................................ Phenol, 4-(dimethylamino)-3,5- 315-18-4 P128
dimethyl-, methylcarbamate (ester).
Mitomycin C................................ Azirino[2',3':3,4]pyrrolo[1,2- 50-07-7 U010
a]indole-4,7-dione,
6-amino-8-
[[(aminocarbonyl)oxy]methyl]-
1,1a,2,8,8a,8b-hexahydro-8a-
methoxy-5- methyl-, [1aS-
(1aalpha,8beta,8aalpha,8balpha)]-..
MNNG....................................... Guanidine, N-methyl-N'-nitro-N- 70-25-7 U163
nitroso-.
Molinate................................... 1H-Azepine-1-carbothioic acid, 2212-67-1 ...........
hexahydro-, S-ethyl ester.
Mustard gas................................ Ethane, 1,1'-thiobis[2-chloro-..... 505-60-2 ...........
Naphthalene................................ Same............................... 91-20-3 U165
1,4-Naphthoquinone......................... 1,4-Naphthalenedione............... 130-15-4 U166
alpha-Naphthylamine........................ 1-Naphthalenamine.................. 134-32-7 U167
beta-Naphthylamine......................... 2-Naphthalenamine.................. 91-59-8 U168
alpha-Naphthylthiourea..................... Thiourea, 1-naphthalenyl-.......... 86-88-4 P072
Nickel..................................... Same............................... 7440-02-0 ...........
Nickel compounds, N.O.S.1.................. ................................... ................. ...........
Nickel carbonyl............................ Nickel carbonyl Ni(CO)4, (T-4)-.... 13463-39-3 P073
Nickel cyanide............................. Nickel cyanide Ni(CN)2............. 557-19-7 P074
Nicotine................................... Pyridine, 3-(1-methyl-2- 54-11-5 P075
pyrrolidinyl)-, (S)-.
Nicotine salts............................. ................................... ................. P075
Nitric oxide............................... Nitrogen oxide NO.................. 10102-43-9 P076
p-Nitroaniline............................. Benzenamine, 4-nitro-.............. 100-01-6 P077
Nitrobenzene............................... Benzene, nitro-.................... 98-95-3 U169
Nitrogen dioxide........................... Nitrogen oxide NO2................. 10102-44-0 P078
Nitrogen mustard........................... Ethanamine, 2-chloro-N-(2- 51-75-2 ...........
chloroethyl)-N-methyl-.
Nitrogen mustard, hydrochloride salt....... ................................... ................. ...........
Nitrogen mustard N-oxide................... Ethanamine, 2-chloro-N-(2- 126-85-2 ...........
chloroethyl)-N-methyl-, N-oxide.
Nitrogen mustard, N-oxide, hydro- chloride ................................... ................. ...........
salt.
Nitroglycerin.............................. 1,2,3-Propanetriol, trinitrate..... 55-63-0 P081
p-Nitrophenol.............................. Phenol, 4-nitro-................... 100-02-7 U170
2-Nitropropane............................. Propane, 2-nitro-.................. 79-46-9 U171
Nitrosamines, N.O.S. \1\................... ................................... 35576-91-1D ...........
N-Nitrosodi-n-butylamine................... 1-Butanamine, N-butyl-N-nitroso-... 924-16-3 U172
N-Nitrosodiethanolamine.................... Ethanol, 2,2'-(nitrosoimino)bis-... 1116-54-7 U173
N-Nitrosodiethylamine...................... Ethanamine, N-ethyl-N-nitroso-..... 55-18-5 U174
N-Nitrosodimethylamine..................... Methanamine, N-methyl-N-nitroso-... 62-75-9 P082
N-Nitroso-N-ethylurea...................... Urea, N-ethyl-N-nitroso-........... 759-73-9 U176
N-Nitrosomethylethylamine.................. Ethanamine, N-methyl-N-nitroso-.... 10595-95-6 ...........
N-Nitroso-N-methylurea..................... Urea, N-methyl-N-nitroso-.......... 684-93-5 U177
N-Nitroso-N-methylurethane................. Carbamic acid, methylnitroso-, 615-53-2 U178
ethyl ester.
[[Page 93]]
N-Nitrosomethylvinylamine.................. Vinylamine, N-methyl-N-nitroso-.... 4549-40-0 P084
N-Nitrosomorpholine........................ Morpholine, 4-nitroso-............. 59-89-2 ...........
N-Nitrosonornicotine....................... Pyridine, 3-(1-nitroso-2- 16543-55-8 ...........
pyrrolidinyl)-, (S)-.
N-Nitrosopiperidine........................ Piperidine, 1-nitroso-............. 100-75-4 U179
N-Nitrosopyrrolidine....................... Pyrrolidine, 1-nitroso-............ 930-55-2 U180
N-Nitrososarcosine......................... Glycine, N-methyl-N-nitroso-....... 13256-22-9 ...........
5-Nitro-o-toluidine........................ Benzenamine, 2-methyl-5-nitro-..... 99-55-8 U181
Octamethylpyrophosphoramide................ Diphosphoramide, octamethyl-....... 152-16-9 P085
Osmium tetroxide........................... Osmium oxide OsO4, (T-4)-.......... 20816-12-0 P087
Oxamyl..................................... Ethanimidothioc acid, 2- 23135-22-0 P194
(dimethylamino)-N-
[[(methylamino)carbonyl]oxy]-2-oxo-
, methyl ester.
Paraldehyde................................ 1,3,5-Trioxane, 2,4,6-trimethyl-... 123-63-7 U182
Parathion.................................. Phosphorothioic acid, O,O-diethyl O- 56-38-2 P089
(4-nitrophenyl) ester.
Pebulate................................... Carbamothioic acid, butylethyl-, S- 1114-71-2 ...........
propyl ester.
Pentachlorobenzene......................... Benzene, pentachloro-.............. 608-93-5 U183
Pentachlorodibenzo-p-dioxins............... ................................... ................. ...........
Pentachlorodibenzofurans................... ................................... ................. ...........
Pentachloroethane.......................... Ethane, pentachloro-............... 76-01-7 U184
Pentachloronitrobenzene (PCNB)............. Benzene, pentachloronitro-......... 82-68-8 U185
Pentachlorophenol.......................... Phenol, pentachloro-............... 87-86-5 See F027
Phenacetin................................. Acetamide, N-(4-ethoxyphenyl)-..... 62-44-2 U187
Phenol..................................... Same............................... 108-95-2 U188
Phenylenediamine........................... Benzenediamine..................... 25265-76-3 ...........
Phenylmercury acetate...................... Mercury, (acetato-O)phenyl-........ 62-38-4 P092
Phenylthiourea............................. Thiourea, phenyl-.................. 103-85-5 P093
Phosgene................................... Carbonic dichloride................ 75-44-5 P095
Phosphine.................................. Same............................... 7803-51-2 P096
Phorate.................................... Phosphorodithioic acid, O,O-diethyl 298-02-2 P094
S-[(ethylthio)methyl] ester.
Phthalic acid esters, N.O.S. \1\........... ................................... ................. ...........
Phthalic anhydride......................... 1,3-Isobenzofurandione............. 85-44-9 U190
Physostigmine.............................. Pyrrolo[2,3-b]indol-5-01, 57-47-6 P204
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-, methylcarbamate
(ester), (3aS-cis)-.
Physostigmine salicylate................... Benzoic acid, 2-hydroxy-, compd. 57-64-7 P188
with (3aS-cis) -1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethylpyrrolo
[2,3-b]indol-5-yl methylcarbamate
ester (1:1).
2-Picoline................................. Pyridine, 2-methyl-................ 109-06-8 U191
Polychlorinated biphenyls, N.O.S. \1\...... ................................... ................. ...........
Potassium cyanide.......................... Potassium cyanide K(CN)............ 151-50-8 P098
Potassium dimethyldithiocarbamate.......... Carbamodithioic acid, dimethyl, 128-03-0 ...........
potassium salt.
Potassium n-hydroxymethyl-n-methyl- Carbamodithioic acid, 51026-28-9 ...........
dithiocarbamate. (hydroxymethyl)methyl-,
monopotassium salt.
Potassium n-methyldithiocarbamate.......... Carbamodithioic acid, methyl- 137-41-7 ...........
monopotassium salt.
Potassium pentachlorophenate............... Pentachlorophenol, potassium salt.. 7778736 None
Potassium silver cyanide................... Argentate(1-), bis(cyano-C)-, 506-61-6 P099
potassium.
Promecarb.................................. Phenol, 3-methyl-5-(1-methylethyl)- 2631-37-0 P201
, methyl carbamate.
Pronamide.................................. Benzamide, 3,5-dichloro-N-(1,1- 23950-58-5 U192
dimethyl-2-propynyl)-.
1,3-Propane sultone........................ 1,2-Oxathiolane, 2,2-dioxide....... 1120-71-4 U193
n-Propylamine.............................. 1-Propanamine...................... 107-10-8 U194
Propargyl alcohol.......................... 2-Propyn-1-ol...................... 107-19-7 P102
Propham.................................... Carbamic acid, phenyl-, 1- 122-42-9 U373
methylethyl ester.
Propoxur................................... Phenol, 2-(1-methylethoxy)-, 114-26-1 U411
methylcarbamate.
Propylene dichloride....................... Propane, 1,2-dichloro-............. 78-87-5 U083
1,2-Propylenimine.......................... Aziridine, 2-methyl-............... 75-55-8 P067
Propylthiouracil........................... 4(1H)-Pyrimidinone, 2,3-dihydro-6- 51-52-5 ...........
propyl-2-thioxo-.
Prosulfocarb............................... Carbamothioic acid, dipropyl-, S- 52888-80-9 U387
(phenylmethyl) ester.
Pyridine................................... Same............................... 110-86-1 U196
Reserpine.................................. Yohimban-16-carboxylic acid, 11,17- 50-55-5 U200
dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-smethyl
ester,
(3beta,16beta,17alpha,18beta,20alp
ha)-.
[[Page 94]]
Resorcinol................................. 1,3-Benzenediol.................... 108-46-3 U201
Saccharin.................................. 1,2-Benzisothiazol-3(2H)-one, 1,1- 81-07-2 U202
dioxide.
Saccharin salts............................ ................................... ................. U202
Safrole.................................... 1,3-Benzodioxole, 5-(2-propenyl)-.. 94-59-7 U203
Selenium................................... Same............................... 7782-49-2 ...........
Selenium compounds, N.O.S. \1\............. ................................... ................. ...........
Selenium dioxide........................... Selenious acid..................... 7783-00-8 U204
Selenium sulfide........................... Selenium sulfide SeS2.............. 7488-56-4 U205
Selenium, tetrakis(dimethyl- Carbamodithioic acid, dimethyl-, 144-34-3 ...........
dithiocarbamate). tetraanhydrosulfide with
orthothioselenious acid.
Selenourea................................. Same............................... 630-10-4 P103
Silver..................................... Same............................... 7440-22-4 ...........
Silver compounds, N.O.S. \1\............... ................................... ................. ...........
Silver cyanide............................. Silver cyanide Ag(CN).............. 506-64-9 P104
Silvex (2,4,5-TP).......................... Propanoic acid, 2-(2,4,5- 93-72-1 See F027
trichlorophenoxy)-.
Sodium cyanide............................. Sodium cyanide Na(CN).............. 143-33-9 P106
Sodium dibutyldithiocarbamate.............. Carbamodithioic acid, dibutyl, 136-30-1 ...........
sodium salt.
Sodium diethyldithiocarbamate.............. Carbamodithioic acid, diethyl-, 148-18-5
sodium salt.
Sodium dimethyldithiocarbamate............. Carbamodithioic acid, dimethyl-, 128-04-1 ...........
sodium salt.
Sodium pentachlorophenate.................. Pentachlorophenol, sodium salt..... 131522 None
Streptozotocin............................. D-Glucose, 2-deoxy-2- 18883-66-4 U206
[[(methylnitrosoamino)carbonyl]ami
no]-.
Strychnine................................. Strychnidin-10-one................. 57-24-9 P108
Strychnine salts........................... ................................... ................. P108
Sulfallate................................. Carbamodithioic acid, diethyl-, 2- 95-06-7 ...........
chloro-2-propenyl ester.
TCDD....................................... Dibenzo[b,e][1,4]dioxin, 2,3,7,8- 1746-01-6 ...........
tetrachloro-.
Tetrabutylthiuram disulfide................ Thioperoxydicarbonic diamide, 1634-02-2 ...........
tetrabutyl.
1,2,4,5-Tetrachlorobenzene................. Benzene, 1,2,4,5-tetrachloro-...... 95-94-3 U207
Tetrachlorodibenzo-p-dioxins............... ................................... ................. ...........
Tetrachlorodibenzofurans................... ................................... ................. ...........
Tetrachloroethane, N.O.S. \1\.............. Ethane, tetrachloro-, N.O.S........ 25322-20-7 ...........
1,1,1,2-Tetrachloroethane.................. Ethane, 1,1,1,2-tetrachloro-....... 630-20-6 U208
1,1,2,2-Tetrachloroethane.................. Ethane, 1,1,2,2-tetrachloro-....... 79-34-5 U209
Tetrachloroethylene........................ Ethene, tetrachloro-............... 127-18-4 U210
2,3,4,6-Tetrachlorophenol.................. Phenol, 2,3,4,6-tetrachloro-....... 58-90-2 See F027
2,3,4,6-tetrachlorophenol, potassium salt.. same............................... 53535276 None
2,3,4,6-tetrachlorophenol, sodium salt..... same............................... 25567559 None
Tetraethyldithiopyrophosphate.............. Thiodiphosphoric acid, tetraethyl 3689-24-5 P109
ester.
Tetraethyl lead............................ Plumbane, tetraethyl-.............. 78-00-2 P110
Tetraethyl pyrophosphate................... Diphosphoric acid, tetraethyl ester 107-49-3 P111
Tetramethylthiuram monosulfide............. Bis(dimethylthiocarbamoyl) sulfide. 97-74-5 ...........
Tetranitromethane.......................... Methane, tetranitro-............... 509-14-8 P112
Thallium................................... Same............................... 7440-28-0 ...........
Thallium compounds, N.O.S. \1\............. ................................... ................. ...........
Thallic oxide.............................. Thallium oxide Tl2 O3.............. 1314-32-5 P113
Thallium(I) acetate........................ Acetic acid, thallium(1+) salt..... 563-68-8 U214
Thallium(I) carbonate...................... Carbonic acid, dithallium(1+) salt. 6533-73-9 U215
Thallium(I) chloride....................... Thallium chloride TlCl............. 7791-12-0 U216
Thallium(I) nitrate........................ Nitric acid, thallium(1+) salt..... 10102-45-1 U217
Thallium selenite.......................... Selenious acid, dithallium(1+) salt 12039-52-0 P114
Thallium(I) sulfate........................ Sulfuric acid, dithallium(1+) salt. 7446-18-6 P115
Thioacetamide.............................. Ethanethioamide.................... 62-55-5 U218
Thiodicarb................................. Ethanimidothioic acid, N,N'- 59669-26-0 U410
[thiobis [(methylimino)
carbonyloxy]] bis-, dimethyl ester.
Thiofanox.................................. 2-Butanone, 3,3-dimethyl-1- 39196-18-4 P045
(methylthio)-, 0-
[(methylamino)carbonyl] oxime.
Thiomethanol............................... Methanethiol....................... 74-93-1 U153
Thiophanate-methyl......................... Carbamic acid, [1,2-phyenylenebis 23564-05-8 U409
(iminocarbonothioyl)] bis-,
dimethyl ester.
Thiophenol................................. Benzenethiol....................... 108-98-5 P014
Thiosemicarbazide.......................... Hydrazinecarbothioamide............ 79-19-6 P116
Thiourea................................... Same............................... 62-56-6 U219
Thiram..................................... Thioperoxydicarbonic diamide [(H2 137-26-8 U244
N)C(S)]2 S2, tetramethyl-.
Tirpate.................................... 1,3-Dithiolane-2-carboxaldehyde, 26419-73-8 P185
2,4-dimethyl-, O-[(methylamino)
carbonyl] oxime.
Toluene.................................... Benzene, methyl-................... 108-88-3 U220
Toluenediamine............................. Benzenediamine, ar-methyl-......... 25376-45-8 U221
Toluene-2,4-diamine........................ 1,3-Benzenediamine, 4-methyl-...... 95-80-7 ...........
Toluene-2,6-diamine........................ 1,3-Benzenediamine, 2-methyl-...... 823-40-5 ...........
[[Page 95]]
Toluene-3,4-diamine........................ 1,2-Benzenediamine, 4-methyl-...... 496-72-0 ...........
Toluene diisocyanate....................... Benzene, 1,3-diisocyanatomethyl-... 26471-62-5 U223
o-Toluidine................................ Benzenamine, 2-methyl-............. 95-53-4 U328
o-Toluidine hydrochloride.................. Benzenamine, 2-methyl-, 636-21-5 U222
hydrochloride.
p-Toluidine................................ Benzenamine, 4-methyl-............. 106-49-0 U353
Toxaphene.................................. Same............................... 8001-35-2 P123
Triallate.................................. Carbamothioic acid, bis(1- 2303-17-5 U389
methylethyl)-, S-(2,3,3-trichloro-
2-propenyl) ester.
1,2,4-Trichlorobenzene..................... Benzene, 1,2,4-trichloro-.......... 120-82-1 ...........
1,1,2-Trichloroethane...................... Ethane, 1,1,2-trichloro-........... 79-00-5 U227
Trichloroethylene.......................... Ethene, trichloro-................. 79-01-6 U228
Trichloromethanethiol...................... Methanethiol, trichloro-........... 75-70-7 P118
Trichloromonofluoromethane................. Methane, trichlorofluoro-.......... 75-69-4 U121
2,4,5-Trichlorophenol...................... Phenol, 2,4,5-trichloro-........... 95-95-4 See F027
2,4,6-Trichlorophenol...................... Phenol, 2,4,6-trichloro-........... 88-06-2 See F027
2,4,5-T.................................... Acetic acid, (2,4,5- 93-76-5 See F027
trichlorophenoxy)-.
Trichloropropane, N.O.S. \1\............... ................................... 25735-29-9 ...........
1,2,3-Trichloropropane..................... Propane, 1,2,3-trichloro-.......... 96-18-4 ...........
Triethylamine.............................. Ethanamine, N,N-diethyl-........... 121-44-8 U404
O,O,O-Triethyl phosphorothioate............ Phosphorothioic acid, O,O,O- 126-68-1 ...........
triethyl ester.
1,3,5-Trinitrobenzene...................... Benzene, 1,3,5-trinitro-........... 99-35-4 U234
Tris(1-aziridinyl)phosphine sulfide........ Aziridine, 1,1',1''- 52-24-4 ...........
phosphinothioylidynetris-.
Tris(2,3-dibromopropyl) phosphate.......... 1-Propanol, 2,3-dibromo-, phosphate 126-72-7 U235
(3:1).
Trypan blue................................ 2,7-Naphthalenedisulfonic acid, 72-57-1 U236
3,3'-[(3,3'-dimethyl[1,1'-
biphenyl]-4,4'-diyl)bis(azo)]-
bis[5-amino-4-hydroxy-,
tetrasodium salt..
Uracil mustard............................. 2,4-(1H,3H)-Pyrimidinedione, 5- 66-75-1 U237
[bis(2-chloroethyl)amino]-.
Vanadium pentoxide......................... Vanadium oxide V2 O5............... 1314-62-1 P120
Vernolate.................................. Carbamothioic acid, dipropyl-,S- 1929-77-7 ...........
propyl ester.
Vinyl chloride............................. Ethene, chloro-.................... 75-01-4 U043
Warfarin................................... 2H-1-Benzopyran-2-one, 4-hydroxy-3- 81-81-2 U248
(3-oxo-1-phenylbutyl)-, when
present at concentrations less
than 0.3%.
Warfarin................................... 2H-1-Benzopyran-2-one, 4-hydroxy-3- 81-81-2 P001
(3-oxo-1-phenylbutyl)-, when
present at concentrations greater
than 0.3%.
Warfarin salts, when present at ................................... ................. U248
concentrations less than 0.3%.
Warfarin salts, when present at ................................... ................. P001
concentrations greater than 0.3%.
Zinc cyanide............................... Zinc cyanide Zn(CN)2............... 557-21-1 P121
Zinc phosphide............................. Zinc phosphide Zn3 P2, when present 1314-84-7 P122
at concentrations greater than 10%.
Zinc phosphide............................. Zinc phosphide Zn3 P2, when present 1314-84-7 U249
at concentrations of 10% or less.
Ziram...................................... ZInc, bis(dimethylcarbamodithioato- 137-30-4 P205
S,S')-, (T-4)-.
----------------------------------------------------------------------------------------------------------------
\1\ The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not
specifically listed by name in this appendix.
[53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881, Oct. 31, 1988;
54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR 7568, Feb.
25, 1991; 59 FR 468, Jan. 4, 1994; 59 FR 31551, June 20, 1994; 60 FR
7853, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995; 62 FR 32977, June 17,
1997; 63 FR 24625, May 4, 1998]
Effective Date Note: At 63 FR 24625, May 4, 1998, appendix VIII to
part 261 was amended by adding the entry for hazardous constituent
2,4,6-Tribromophenol, in alphabetical order effective Nov. 4, 1998.
[[Page 96]]
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20
and 260.22
Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
Aluminum Company 750 Norcold Ave., Wastewater treatment plant (WWTP)
of America. Sidney, Ohio sludges generated from the
45365. chemical conversion coating of
aluminum (EPA Hazardous Waste No.
F019) and WWTP sludges generated
from electroplating operations
(EPA Hazardous Waste No. F006)
and stored in an on-site
landfill. This is an exclusion
for approximately 16,772 cubic
yards of landfilled WWTP filter
cake. This exclusion applies only
if the waste filter cake remains
in place or, if excavated, is
disposed of in a Subtitle D
landfill which is permitted,
licensed, or registered by a
state to manage industrial solid
waste. This exclusion was
published on April 6, 1999.
1. The constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): Arsenic--5; Barium--100;
Chromium--5; Cobalt--210; Copper--
130; Nickel--70; Vanadium--30;
Zinc--1000; Fluoride--400;
Acetone--400; Methylene Chloride--
0.5; Bis(2-ethylhexyl)phthalate--
0.6.
2. (a) If, anytime after disposal
of the delisted waste, Alcoa
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the health based
level, then Alcoa must report
such data, in writing, to the
Regional Administrator within 10
days of first possessing or being
made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending or revoking this
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify the
facility in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. The facility
shall have 10 days from the date
of the Regional Administrator's
notice to present such
information.
(d) Following the receipt of
information from the facility
described in paragraph (c) or (if
no information is presented under
paragraph (c) the initial receipt
of information described in
paragraph (a), the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
Alumnitec, Inc. Jeffersonville, Dewatered wastewater treatment
(formerly IN. sludge (EPA Hazardous Waste No.
Profile F019) generated from the chemical
Extrusion Co., conversion of aluminum after
formerly United April 29, 1986.
Technologies
Automotive,
Inc.).
American Steel Scottsburg, IN... Wastewater treatment plant (WWTP)
Cord. sludge from electroplating
operations (EPA Hazardous Waste
No. F006) generated at a maximum
annual rate of 3,000 cubic yards
per year, after January 26, 1999,
and disposed of in a Subtitle D
landfill.
1. Verification Testing: American
Steel Cord must implement an
annual testing program to
demonstrate, based on the
analysis of a minimum of four
representative samples, that the
constituent concentrations
measured in the TCLP extract of
the waste are within specific
levels. The constituent
concentrations must not exceed
the following levels (mg/l) which
are back-calculated from the
delisting health-based levels and
a DAF of 68. Arsenic--3.4;
Barium--100; Cadmium--.34;
Chromium--5; Copper--88.4.; Lead--
1.02; Mercury--.136; Nickel--
6.8.; Selenium--1; Silver--5;
Zinc--680; Cyanide--13.6;
Acetone--272; Benzo butyl
phthlate--476; Chloroform--.68;
1,4-Dichlorobenzene--.272; cis-
1,2-Dichloroethene--27.2;
Methylene chloride--.34;
Naphthalene--68; Styrene--6.8;
Tetrachloroethene--.34; Toluene--
68; and Xylene--680. American
Steel Cord must measure and
record the pH of the waste using
SW 846 method 9045 and must
record all pH measurements
performed in accordance with the
TCLP.
2. Changes in Operating
Conditions: If American Steel
Cord significantly changes the
manufacturing or treatment
process or the chemicals used in
the manufacturing or treatment
process, American Steel Cord may
handle the WWTP filter press
sludge generated from the new
process under this exclusion only
after the facility has
demonstrated that the waste meets
the levels set forth in paragraph
1 and that no new hazardous
constituents listed in Appendix
VIII of Part 261 have been
introduced.
[[Page 97]]
3. Data Submittals: The data
obtained through annual
verification testing or
compliance with paragraph 2 must
be submitted to U.S. EPA Region
5, 77 W. Jackson Blvd., Chicago,
IL 60604-3590, within 60 days of
sampling. Records of operating
conditions and analytical data
must be compiled, summarized, and
maintained on site for a minimum
of five years and must be made
available for inspection. All
data must be accompanied by a
signed copy of the certification
statement in 260.22(I)(12).
4. (a) If, anytime after disposal
of the delisted waste, American
Steel Cord possesses or is
otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the health based
level, then American Steel Cord
must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify the
facility in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. The facility
shall have 10 days from the date
of the Regional Administrator's
notice to present such
information.
(d) Following the receipt of
information from the facility
described in paragraph (c) or (if
no information is presented under
paragraph (c) the initial receipt
of information described in
paragraph (a), the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
Ampex Recording Opelika, Alabama. Solvent recovery residues in the
Media powder or pellet form (EPA
Corporation. Hazardous Waste Nos. F003 and
F005) generated from the recovery
of spent solvents from the
manufacture of tape recording
media (generated at a maximum
annual rate of 1,000 cubic yards
in the powder or pellet form)
after August 9, 1993. In order to
confirm that the characteristics
of the wastes do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
of the waste (in its final form)
for the constituents listed in 40
CFR 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to 40 CFR 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Alabama.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
[[Page 98]]
Aptus, Inc....... Coffeyville, Kiln residue and spray dryer/
Kansas. baghouse residue (EPA Hazardous
Waste No. F027) generated during
the treatment of cancelled
pesticides containing 2,4,5-T and
Silvex and related materials by
Aptus' incinerator at
Coffeyville, Kansas after
December 27, 1991, so long as:
(1) The incinerator is monitored
continuously and is in compliance
with operating permit conditions.
Should the incinerator fail to
comply with the permit conditions
relevant to the mechanical
operation of the incinerator,
Aptus must test the residues
generated during the run when the
failure occurred according to the
requirements of Conditions (2)
through (4), regardless of
whether or not the demonstration
in Condition (5) has been made.
(2) A minimum of four grab samples
must be taken from each hopper
(or other container) of kiln
residue generated during each 24
hour run; all grabs collected
during a given 24 hour run must
then be composited to form one
composite sample. A minimum of
four grab samples must also be
taken from each hopper (or other
container) of spray dryer/
baghouse residue generated during
each 24 hour run; all grabs
collected during a given 24 hour
run must then be composited to
form one composite sample. Prior
to the disposal of the residues
from each 24 hour run, a TCLP
leachate test must be performed
on these composite samples and
the leachate analyzed for the TC
toxic metals, nickel, and
cyanide. If arsenic, chromium,
lead or silver TC leachate test
results exceed 1.6 ppm, barium
levels exceed 32 ppm, cadmium or
selenium levels exceed 0.3 ppm,
mercury levels exceed 0.07 ppm,
nickel levels exceed 10 ppm, or
cyanide levels exceed 6.5 ppm,
the wastes must be retreated to
achieve these levels or must be
disposed in accordance with
subtitle C of RCRA. Analyses must
be performed according to SW-846
methodologies.
(3) Aptus must generate, prior to
the disposal of the residues,
verification data from each 24
hour run for each treatment
residue (i.e., kiln residue,
spray dryer/baghouse residue) to
demonstrate that the maximum
allowable treatment residue
concentrations listed below are
not exceeded. Samples must be
collected as specified in
Condition (2). Analyses must be
performed according to SW-846
methodologies. Any residues which
exceed any of the levels listed
below must be retreated or must
be disposed of as hazardous.
Kiln residue and spray dryer/
baghouse residue must not exceed
the following levels:
Aldrin--0.015 ppm
Benzene--9.7 ppm
Benzo(a)pyrene--0.43 ppm
Benzo(b)fluoranthene--1.8 ppm
Chlordane--0.37 ppm
Chloroform--5.4 ppm
Chrysene--170 ppm
Dibenz(a,h)anthracene--0.083 ppm
1,2-Dichloroethane--4.1 ppm
Dichloromethane--2.4 ppm
2,4-Dichlorophenol--480 ppm
Dichlorvos--260 ppm
Disulfaton--23 ppm
Endosulfan I--310 ppm
Fluorene--120 ppm
Indeno(1,2,3,cd)-pyrene--330 ppm
Methyl parathion--210 ppm
Nitrosodiphenylamine--130 ppm
Phenanthrene--150 ppm
Polychlorinated biphenyls--0.31
ppm
Tetrachloroethylene--59 ppm
2,4,5-TP (silvex)--110 ppm
2,4,6-Trichlorophenol--3.9 ppm
[[Page 99]]
(4) Aptus must generate, prior to
disposal of residues,
verification data from each 24
hour run for each treatment
residue (i.e., kiln residue,
spray dryer/baghouse residue) to
demonstrate that the residues do
not contain tetra-, penta-, or
hexachlorodibenzo-p-dioxins or
furans at levels of regulatory
concern. Samples must be
collected as specified in
Condition (2). The TCDD
equivalent levels for the solid
residues must be less than 5 ppt.
Any residues with detected
dioxins or furans in excess of
this level must be retreated or
must be disposed of as acutely
hazardous. SW-846 Method 8290, a
high resolution gas
chromatography and high
resolution mass spectroscopy
(HRGC/HRMS) analytical method
must be used. For tetra- and
penta-chlorinated dioxin and
furan homologs, the maximum
practical quantitation limit must
not exceed 15 ppt for the solid
residues. For hexachlorinated
dioxin and furan homologs, the
maximum practical quantitation
limit must not exceed 37 ppt for
the solid residues.
(5) The test data from Conditions
(1), (2), (3), and (4) must be
kept on file by Aptus for
inspection purposes and must be
compiled, summarized, and
submitted to the Director for the
Characterization and Assessment
Division, Office of Solid Waste,
by certified mail on a monthly
basis and when the treatment of
the cancelled pesticides and
related materials is concluded.
The testing requirements for
Conditions (2), (3), and (4) will
continue until Aptus provides the
Director with the results of four
consecutive batch analyses for
the petitioned wastes, none of
which exceed the maximum
allowable levels listed in these
conditions and the director
notifies Aptus that the
conditions have been lifted. All
data submitted will be placed in
the RCRA public docket.
(6) Aptus must provide a signed
copy of the following
certification statement when
submitting data in response to
the conditions listed above:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations, I
certify that the information
contained in or accompanying this
document is true, accurate, and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify as
the company official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate,
and complete.''
Arco Building Sugarcreek, Ohio. Dewatered wastewater treatment
Products. sludge (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after August 15, 1986.
Arco Chemical Co. Miami, FL........ Dewatered wastewater treatment
sludge (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after April 29, 1986.
Arkansas Vertac Superfund Kiln ash, cyclone ash, and calcium
Department of site, chloride salts from incineration
Pollution Jacksonville, of residues (EPA Hazardous Waste
Control and Arkansas. No. F020 and F023) generated from
Ecology. the primary production of 2,4,5-T
and 2,4-D after August 24, 1990.
This one-time exclusion applies
only to the incineration of the
waste materials described in the
petition, and it is conditional
upon the data obtained from
ADPC&E's full-scale incineration
facility. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment facility is in
operation, ADPC&E must implement
a testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection
and analyses (including
quality control (QC)
procedures) must be performed
according to SW-846
methodologies.
(A) Initial testing:
Representative grab samples
must be taken from each drum
and kiln ash and cyclone ash
generated from each 24 hours
of operation, and the grab
samples composited to form
one composite sample of ash
for each 24-hour period.
Representative grab samples
must also be taken from each
drum of calcium chloride
salts generated from each 24
hours of operation and
composited to form one
composite sample of calcium
chloride salts for each 24-
hour period. The initial
testing requirements must be
fullfilled for the following
wastes: (i) Incineration by-
products generated prior to
and during the incinerator's
trial burn; (ii)
incineration by-products
from the treatment of 2,4-D
wastes for one week (or 7
days if incineration is not
on consecutive days) after
completion of the trial
burn; (iii) incineration by-
products from the treatment
of blended 2,4-D and 2,4, 5-
T wastes for two weeks (or
14 days if incineration is
not on consecutive days)
after completion of the
trial burn; and (iv)
incineration by-products
from the treatment of
blended 2,4-D and 2,4,5-T
wastes for one week (or 7
days if incineration is not
on consecutive days) when
the percentage of 2, 4, 5-T
wastes exceeds the maximum
percentage treated under
Condition (1)(A)(iii). Prior
to disposal of the residues
from each 24-hour sampling
period, the daily composite
must be analyzed for all the
constituents listed in
Condition (3). ADPC&E must
report the analytical test
data, including quality
control information,
obtained during this initial
period no later than 90 days
after the start of the
operation.
(B) Subsequent testing:
Representative grab samples
of each drum of kiln and
cyclone ash generated from
each week of operation must
be composited to form one
composite sample of ash for
each weekly period.
Representative grab samples
of each drum of calcium
chloride salts generated
from each week of operation
must also be composited to
form one composite sample of
calcium chloride salts for
each weekly period.
[[Page 100]]
Prior to disposal of the
residues from each weekly
sampling period, the weekly
composites must be analyzed
for all of the constituents
listed in Condition (3). The
analytical data, including
quality control information,
must be compiled and
maintained on site for a
minimum of three years.
These data must be furnished
upon request and made
available for inspection by
any employee or
representative of EPA.
(2) Waste holding: The
incineration residues that are
generated must be stored as
hazardous until the initial
verification analyses or
subsequent analyses are
completed.
If the composite incineration
residue samples (from either
Condition (1)(A) or Condition
(1)(B)) do not exceed any of
the delisting levels set in
Condition (3), the
incineration residues
corresponding to these samples
may be managed and disposed of
in accordance with all
applicable solid waste
regulations.
If any composite incineration
residue sample exceeds any of
the delisting levels set in
Condition (3), the
incineration residues
generated during the time
period corresponding to this
sample must be retreated until
they meet these levels
(analyses must be repeated) or
managed and disposed of in
accordance with subtitle C of
RCRA. Incineration residues
which are generated but for
which analysis is not complete
or valid must be managed and
disposed of in accordance with
subtitle C of RCRA, until
valid analyses demonstrate
that the wastes meet the
delisting levels.
(3) Delisting levels: If
concentrations in one or more
of the incineration residues
for any of the hazardous
constituents listed below
exceed their respective
maximum allowable
concentrations also listed
below, the batch of failing
waste must either be re-
treated until it meets these
levels or managed and disposed
of in accordance with subtitle
C of RCRA.
(A) Inorganics (Leachable):
Arsenic, 0.32 ppm; Barium,
6.3 ppm; Cadmium, 0.06 ppm;
Chromium, 0.32 ppm; Cyanide,
4.4 ppm; Lead, 0.32 ppm;
Mercury, 0.01 ppm; Nickel,
4.4 ppm; Selenium, 0.06 ppm;
Silver, 0.32 ppm. Metal
concentrations must be
measured in the waste
leachate as per 40 CFR
261.24. Cyanide extractions
must be conducted using
distilled water.
(B) Organics: Benzene, 0.87
ppm; Benzo(a)anthracene,
0.10 ppm; Benzo(a)pyrene,
0.04 ppm; Benzo
(b)fluoranthene, 0.16 ppm;
Chlorobenzene, 152 ppm; o-
Chlorophenol, 44 ppm;
Chrysene, 15 ppm; 2, 4-D,
107 ppm; DDE, 1.0 ppm;
Dibenz(a,h)anthracene, 0.007
ppm; 1, 4-Dichlorobenzene,
265 ppm; 1, 1-
Dichloroethylene, 1.3 ppm;
trans-1,2-Dichloroethylene,
37 ppm; Dichloromethane,
0.23 ppm; 2,4-
Dichlorophenol, 43 ppm;
Hexachlorobenzene, 0.26 ppm;
Indeno (1,2,3-cd) pyrene, 30
ppm; Polychlorinated
biphenyls, 12 ppm; 2,4,5-T,
1 x 10 \6\ ppm; 1,2,4,5-
Tetrachlorobenzene, 56 ppm;
Tetrachloroethylene, 3.4
ppm; Trichloroethylene, 1.1
ppm; 2,4,5-Trichlorophenol,
21,000 ppm; 2,4,6-
Trichlorophenol, 0.35 ppm.
(C) Chlorinated dioxins and
furans: 2,3,7,8-
Tetrachlorodibenzo-p-dioxin
equivalents, 4 x 10-7ppm.
The petitioned by-product
must be analyzed for the
tetra-, penta-, hexa-, and
heptachlorodibenzo-p-
dioxins, and the tetra-,
penta-, hexa-, and
heptachlorodibenzofurans to
determine the 2, 3, 7, 8-
tetra- chlorodibenzo-p-
dioxin equivalent
concentration. The analysis
must be conducted using
Method 8290, a high
resolution gas
chromatography/high
resolution mass spectrometry
method, and must achieve
practical quantitation
limits of 15 parts per
trillion (ppt) for the tetra-
and penta- homologs, and 37
ppt for the hexa- and hepta-
homologs.
(4) Termination of testing: Due
to the possible variability of
the incinerator feeds, the
testing requirements of
Condition (1)(B) will continue
indefinitely.
(5) Data submittals: Within one
week of system start-up,
ADPC&E must notify the Section
Chief, Variances Section (see
address below) when the full-
scale incineration system is
on-line and waste treatment
has begun. The data obtained
through Condition (1)(A) must
be submitted to the Section
Chief, Variances Section, PSPD/
OSW (OS-343), U.S. EPA, 401 M
Street SW., Washington, DC
20460, within the time period
specified. At the Section
Chief's request, ADPC&E must
submit analytical data
obtained through Condition
(1)(B) within the time period
specified by the Section
Chief. Failure to submit the
required data obtained from
Condition (1)(A) within the
specified time period or to
maintain the required records
for the time specified in
Condition (1)(B) (or to submit
data within the time specified
by the Section Chief) will be
considered by the Agency, at
its discretion, sufficient
basis to revoke ADPC&E's
exclusion to the extent
directed by EPA. All data must
be accompanied by the
following certification
statement:
[[Page 101]]
``Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be
limited to, 18 U.S.C. 1001 and
42 U.S.C. 6928), I certify
that the information contained
in or accompanying this
document is true, accurate and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify
as the company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete. In the event
that any of this information
is determined by EPA in its
sole discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact
to the company, I recognize
and agree that this exclusion
of wastes will be void as if
it never had effect or to the
extent directed by EPA and
that the company will be
liable for any actions taken
in contravention of the
company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
BBC Brown Boveri, Sanford, FL...... Dewatered Wastewater treatment
Inc. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
October 17, 1986.
Bethlehem Steel Sparrows Point, Stabilized filter cake (at a
Corporation. Maryland. maximum annual rate of 1100 cubic
yards) from the treatment of
wastewater treatment sludges (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after [insert date of
publication in Federal Register].
Bethlehem Steel (BSC) must
implement a testing program that
meets the following conditions
for the exclusion to be valid:
(1) Testing: Sample collection
and analyses (including quality
control (QC) procedures) must be
performed according to SW-846
methodologies. If EPA judges the
stabilization process to be
effective under the conditions
used during the initial
verification testing, BSC may
replace the testing required in
Condition (1)(A) with the testing
required in Condition (1)(B). BSC
must continue to test as
specified in Condition (1)(A)
until and unless notified by EPA
in writing that testing in
Condition (1)(A) may be replaced
by Condition (1)(B) (to the
extent directed by EPA).
(A) Initial Verification
Testing: During at least the
first eight weeks of operation of
the full-scale treatment system,
BSC must collect and analyze
weekly composites representative
of the stabilized waste. Weekly
composites must be composed of
representative grab samples
collected from every batch during
each week of stabilization. The
composite samples must be
collected and analyzed, prior to
the disposal of the stabilized
filter cake, for all constituents
listed in Condition (3). BSC must
report the analytical test data,
including a record of the ratios
of lime kiln dust and fly ash
used and quality control
information, obtained during this
initial period no later than 60
days after the collection of the
last composite of stabilized
filter cake.
(B) Subsequent Verification
Testing: Following written
notification by EPA, BSC may
substitute the testing condition
in (1)(B) for (1)(A). BSC must
collect and analyze at least one
composite representative of the
stabilized filter cake generated
each month. Monthly composites
must be comprised of
representative samples collected
from all batches that are
stabilized in a one-month period.
The monthly samples must be
analyzed prior to the disposal of
the stabilized filter cake for
chromium, lead and nickel. BSC
may, at its discretion, analyze
composite samples more frequently
to demonstrate that smaller
batches of waste are non-
hazardous.
(C) Annual Verification Testing:
In order to confirm that the
characteristics of the treated
waste do not change
significantly, BSC must, on an
annual basis, analyze a
representative composite sample
of stabilized filter cake for all
TC constituents listed in 40 CFR
Sec. 261.24 using the method
specified therein. This composite
sample must represent the
stabilized filter cake generated
over one week.
(2) Waste Holding and Handling:
BSC must store, as hazardous, all
stabilized filter cake generated
until verification testing (as
specified in Conditions (1)(A)
and (1)(B)) is completed and
valid analyses demonstrate that
the delisting levels set forth in
Condition (3) are met. If the
levels of hazardous constituents
measured in the samples of
stabilized filter cake generated
are below all the levels set
forth in Condition (3), then the
stabilized filter cake is non-
hazardous and may be managed and
disposed of in accordance with
all applicable solid waste
regulations. If hazardous
constituent levels in any weekly
or monthly composite sample equal
or exceed any of the delisting
levels set in Condition (3), the
stabilized filter cake generated
during the time period
corresponding to this sample must
be retreated until it is below
these levels or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Delisting Levels: All
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR Sec.
261.24. The leachable
concentrations for the
constituents must be below the
following levels (ppm): arsenic--
4.8; barium--100; cadmium--0.48;
chromium--5.0; lead--1.4;
mercury--0.19; nickel--9.6;
selenium--1.0; silver--5.0.
[[Page 102]]
(4) Changes in Operating
Conditions: After completing the
initial verification test period
in Condition (1)(A), if BSC
decides to significantly change
the stabilization process (e.g.,
stabilization reagents) developed
under Condition (1), then BSC
must notify EPA in writing prior
to instituting the change. After
written approval by EPA, BSC may
manage waste generated from the
changed process as non-hazardous
under this exclusion, provided
the other conditions of this
exclusion are fulfilled.
(5) Data Submittals: Two weeks
prior to system start-up, BSC
must notify in writing the
Section Chief, Delisting Section
(see address below) when
stabilization of the dewatered
filter cake will begin. The data
obtained through Condition (1)(A)
must be submitted to the Section
Chief, Delisting Section, OSW
(5304), U.S. EPA, 401 M Street,
SW, Washington, DC 20460 within
the time period specified. The
analytical data, including
quality control information and
records of ratios of lime kiln
dust and fly ash used, must be
compiled and maintained on site
for a minimum of five years.
These data must be furnished upon
request and made available for
inspection by EPA or the State of
Maryland. Failure to submit the
required data within the
specified time period or maintain
the required records on site for
the specified time will be
considered by the Agency, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C Sec. 1001
and 42 U.S.C Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Boeing Commercial Auburn, Residually contaminated soils in
Airplane Co. Washington. an inactive sludge pile
containment area on March 27,
1990, previously used to store
wastewater treatment sludges
generated from electroplating
operations (EPA Hazardous Waste
No. F006).
Bommer Industries Landrum, SC...... Wastewater treatment sludges (EPA
Inc. Hazardous Waste No. F006)
generated from their
electroplating operations and
contained in evaporation ponds 1
and 2 on August 12, 1987.
BWX] Technologies Lynchburg, VA.... Wastewater treatment sludge from
electroplating operations (EPA
Hazardous Waste No. F006)
generated at a maximum annual
rate of 500 cubic yards per year,
after January 14, 2000, and
disposed of in a Subtitle D
landfill. BWX Technologies must
meet the following conditions for
the exclusion to be valid:
(1) Delisting Levels: All
leachable concentrations for the
following constituents measure
using the SW-846 method 1311 (the
TCLP) must not exceed the
following levels (mg/l). (a)
Inorganic constituents--Antimony-
0.6; Arsenic-5.0; Barium-100;
Beryllium-0.4; Cadmium-0.5;
Chromium-5.0; Cobalt-210; Copper-
130; Lead-1.5; Mercury-0.2;
Nickel-70; Silver-5.0; Thallium-
0.2; Tin-2100; Zinc-1000;
Fluoride-400. (b) Organic
constituents--Acetone-400;
Methylene Chloride-0.5.
(2) Verification testing schedule:
BWX Technologies must analyze a
representative sample of the
filter cake from the pickle acid
treatment system on an annual,
calendar year basis using methods
with appropriate detection levels
and quality control procedures.
If the level of any constituent
measured in the sample of filter
cake exceeds the levels set forth
in Paragraph 1, then the waste is
hazardous and must be managed in
accordance with Subtitle C of
RCRA. Data from the annual
verification testing must be
submitted to EPA within 60 days
of the sampling event.
(3) Changes in Operating
Conditions: If BWX Technologies
significantly changes the
manufacturing or treatment
process described in the
petition, or the chemicals used
in the manufacturing or treatment
process, BWX Technologies may not
manage the filter cake generated
from the new process under this
exclusion until it has met the
following conditions: (a) BWX
Technologies must demonstrate
that the waste meets the
delisting levels set forth in
Paragraph 1; (b) it must
demonstrate that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced into the manufacturing
or treatment process: and (c) it
must obtain prior written
approval from EPA to manage the
waste under this exclusion.
[[Page 103]]
(4) Data Submittals: The data
obtained under Paragraphs 2 and 3
must be submitted to The Waste
and Chemicals Management
Division, U.S. EPA Region III,
1650 Arch Street, Philadelphia,
PA 19103. Records of operating
conditions and analytical data
must be compiled, summarized, and
maintained on site for a minimum
of five years and must be
furnished upon request by EPA or
the Commonwealth of Virginia, and
made available for inspection.
Failure to submit the required
data within the specified time
period or to maintain the
required records on site for the
specified time period will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent determined necessary by
EPA. All data must be accompanied
by a signed copy of the
certification statement set forth
in 40 CFR 260.22(i)(12) to attest
to the truth and accuracy of the
data submitted.
(5) Reopener:
(a) If BWX Technologies discovers
that a condition at the facility
or an assumption related to the
disposal of the excluded waste
that was modeled or predicted in
the petition does not occur as
modeled or predicted, then BWX
Technologies must report any
information relevant to that
condition, in writing, to the
Regional Administrator or his
delegate within 10 days of
discovering that condition.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator or his delegate
will determine whether the
reported condition requires
further action. Further action
may include repealing the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(6) Notification Requirements: BWX
Technologies must provide a one-
time written notification to any
State Regulatory Agency to which
or through which the delisted
waste described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
be deemed to be a violation of
this exclusion and may result in
a revocation of the decision.
Capitol Products Harrisburg, PA... Dewatered wastewater treatment
Corp. sludges (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.
Capitol Products Kentland, IN..... Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after November 17, 1986.
Care Free Charlotte, Wastewater treatment sludge (EPA
Aluminum Michigan. Hazardous Waste No. F019)
Products, Inc. generated from the chemical
conversion coating of aluminum
(generated at a maximum annual
rate of 100 cubic yards), after
August 21, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
Sec. 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to Sec. 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Michigan.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Chamberlian- Hot Springs, AR.. Dewatered wastewater treatment
Featherlite, Inc. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after July 16, 1986.
Cincinnati Cincinnati, OH... Sluiced bottom ash (approximately
Metropolitan 25,000 cubic yards) contained in
Sewer District. the South Lagoon, on September
13, 1985 which contains EPA
Hazardous Waste Nos. F001, F002,
F003, F004, and F005.
Clay Equipment Cedar Falls, Iowa Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F006) and spent cyanide bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations and
disposed of in an on-site surface
impoundment. This is a onetime
exclusion. This exclusion was
published on August 1, 1989.
Continental Can Olympia, WA...... Dewatered wastewater treatment
Co. sludges (DPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.
Dover Corp., Tulsa, OK........ Dewatered wastewater treatment
Norris Div. sludge (EPA Hazardous Waste No.
FO06) generated from their
electroplating operations after
April 29, 1986.
DuraTherm, San Leon, Texas.. Desorber solids, (at a maximum
Incorporated. generation of 20,000 cubic yards
per calendar year) generated by
DuraTherm using the thermal
desorption treatment process,
(EPA Hazardous Waste No. F037 and
F038) and that is disposed of in
subtitle D landfills after April
24, 2000.
For the exclusion to be valid,
DuraTherm must implement a
testing program that meets the
following Paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the following levels
(ppm). The petitioner must use an
acceptable leaching method, for
example SW-846, Method 1311 to
measure constituents in the waste
leachate.
Desorber solids (i) Inorganic
Constituents Arsenic--1.35;
Antimony--0.162; Barium--54.0;
Beryllium--0.108; Cadmium--0.135;
Chromium--0.6; Lead--0.405;
Nickel--2.7; Selenium--1.0;
Silver--5.0; Vanadium--5.4; Zinc--
270.
[[Page 104]]
(ii) Organic Constituents
Anthracene--0.28; Benzene--0.135;
Benzo(a) anthracene--0.059;
Benzo(b)fluoranthene--0.11;
Benzo(a)pyrene--0.061; Bis-
ethylhexylphthalate--0.28; Carbon
Disulfide--3.8; Chlorobenzene--
0.057; Chrysene--0.059; o,m,p
Cresols--54; Dibenzo (a,h)
anthracene--0.055; 2,4 Dimethyl
phenol--18.9; Dioctyl phthalate--
0.017; Ethylbenzene--0.057;
Fluoranthene--0.068; Fluorene--
0.059; Naphthalene--0.059;
Phenanthrene--0.059; Phenol--6.2;
Pyrene--0.067; Styrene--2.7;
Trichloroethylene--0.054;
Toluene--0.08; Xylene--0.032
(2) Waste Holding and Handling:
(A) DuraTherm must store the
desorber solids as described in
its RCRA permit, or continue to
dispose of as hazardous all
desorber solids generated, until
they have completed verification
testing described in Paragraph
(3)(A) and (B), as appropriate,
and valid analyses show that
paragraph (1) is satisfied.
(B) In order to isolate wastes
that have been processed in the
unit prior to one of the waste
codes to be delisted, DuraTherm
must designate the first batch of
F037, F038, K048, K049, K050, or
K051 wastes as hazardous.
Subsequent batches of these
wastes which satisfy paragraph
(1) are eligible for delisting if
they meet the criteria in
paragraph (1) and no additional
constituents (other than those of
the delisted waste streams) from
the previously processed wastes
are detected.
(C) Levels of constituents
measured in the samples of the
desorber solids that do not
exceed the levels set forth in
Paragraph (1) are nonhazardous.
DuraTherm can manage and dispose
the nonhazardous desorber solids
according to all applicable solid
waste regulations.
(D) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), DuraTherm must retreat or
stabilize the batches of waste
used to generate the
representative sample until it
meets the levels in paragraph(1).
DuraTherm must repeat the
analyses of the treated waste.
(E) If the facility has not
treated the waste, DuraTherm must
manage and dispose the waste
generated under subtitle C of
RCRA.
(3) Verification Testing
Requirements: DuraTherm must
perform sample collection and
analyses, including quality
control procedures, according to
SW-846 methodologies. If EPA
judges the process to be
effective under the operating
conditions used during the
initial verification testing,
DuraTherm may replace the testing
required in Paragraph (3)(A) with
the testing required in Paragraph
(3)(B). DuraTherm must continue
to test as specified in Paragraph
(3)(A) until and unless notified
by EPA in writing that testing in
Paragraph (3)(A) may be replaced
by Paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, DuraTherm must do the
following:
(i) Collect and analyze composites
of the desorber solids.
(ii) Make two composites of
representative grab samples
collected.
(iii) Analyze the waste, before
disposal, for all of the
constituents listed in Paragraph
1.
(iv) Sixty (60) days after this
exclusion becomes final, report
the operational and analytical
test data, including quality
control information.
(v) Submit the test plan for
conducting the multiple pH
leaching procedure to EPA for
approval at least 10 days before
conducting the analysis.
(vi) Conduct a multiple pH
leaching procedure on 10 samples
collected during the sixty-day
test period.
(vii) The ten samples should
include both non-stabilized and
stabilized residual solids. If
none of the samples collected
during the sixty-day test period
need to be stabilized, DuraTherm
should provide multiple pH data
on the first sample of stabilized
wastes generated.
(vii) Perform the toxicity
characteristic leaching procedure
using three different pH
extraction fluids to simulate
disposal under three conditions
and submit the results within 60
days of completion. Simulate an
acidic landfill environment,
basic landfill environment, and a
landfill environment similar to
the pH of the waste.
(B) Subsequent Verification
Testing: Following written
notification by EPA, DuraTherm
may substitute the testing
conditions in (3)(B) for
(3)(A)(i). DuraTherm must
continue to monitor operating
conditions, and analyze
representative samples each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated in one quarter.
DuraTherm must run the multiple
pH procedure on these waste
samples.
(C) Termination of Organic
Testing: (i) DuraTherm must
continue testing as required
under Paragraph (3)(B) for
organic constituents in Paragraph
(1)(A)(ii), until the analytical
results submitted under Paragraph
(3)(B) show a minimum of two
consecutive samples below the
delisting levels in Paragraph
(1)(A)(i), DuraTherm may then
request that EPA stop quarterly
organic testing. After EPA
notifies DuraTherm in writing,
the company may end quarterly
organic testing.
(ii) Following cancellation of the
quarterly testing, DuraTherm must
continue to test a representative
composite sample for all
constituents listed in Paragraph
(1) annually (by twelve months
after final exclusion).
(4) Changes in Operating
Conditions: If DuraTherm
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated as
established under Paragraph (1)
(by illustration, but not
limitation, changes in equipment
or operating conditions of the
treatment process), they must
notify EPA in writing; they may
no longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
Paragraph (1) and they have
received written approval to do
so from EPA.
[[Page 105]]
(5) Data Submittals: DuraTherm
must submit the information
described below. If DuraTherm
fails to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
Paragraph 6. DuraTherm must:
(A) Submit the data obtained
through Paragraph 3 to Mr.
William Gallagher, Chief, Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language: (A) If,
anytime after disposal of the
delisted waste, DuraTherm
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1,
DuraTherm must report the data,
in writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If DuraTherm fails to submit
the information described in
paragraphs (5),(6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
DuraTherm must do following
before transporting the delisted
waste: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.
[[Page 106]]
Eli Lilly and Clinton, Indiana. Incinerator scrubber liquids,
Company. entering and contained in their
onsite surface impoundment, and
solids settling from these
liquids originating from the
burning of spent solvents (EPA
Hazardous Waste Nos. F002, F003,
and F005) contained in their
onsite surface impoundment and
solids retention area on August
18, 1988 and any new incinerator
scubber liquids and settled
solids generated in the surface
impoundment and and disposed of
in the retention are after August
12, 1988.
Envirite of Harvey, Illinois. See waste description under
Illinois Envirite of Pennsylvania.
(formerly
Envirite
Corporation).
Envirite of Ohio Canton, Ohio..... See waste description under
(formerly Envirite of Pennsylvania.
Envirite
Corporation).
Envirite of York, Dewatered wastewater sludges (EPA
Pennsylvania Pennsylvania. Hazardous Waste No .F006)
(formerly generated from electroplating
Envirite operations; spent cyanide plating
Corporation). solutions (EPA Hazardous Waste
No. F007) generated from
electroplating operations;
plating bath residues from the
bottom of plating baths (EPA
Hazardous Waste No. F008)
generated from electroplating
operations where cyanides are
used in the process; spent
stripping and cleaning bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations where
cyanides are used in the process;
spent cyanide solutions from salt
bath pot cleaning (EPA Hazardous
Waste No. F011) generated from
metal heat treating operations;
quenching wastewater treatment
sludges (EPA Hazardous Waste No.
F012) generated from metal heat
treating where cyanides are used
in the process; wastewater
treatment sludges (EPA Hazardous
Waste No. F019) generated from
the chemical conversion coating
of aluminum after November 14,
1986. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern, the facility must
implement a contingency testing
program for the petitioned waste.
This testing program must meet
the following conditions for the
exclusions to be valid:
(1) Each batch of treatment
residue must be representatively
sampled and tested using the EP
Toxicity test for arsenic,
barium, cadmium, chromium, lead,
selenium, silver, mercury, and
nickel. If the extract
concentrations for chromium,
lead, arsenic, and silver exceed
0.315 ppm; barium levels exceed
6.3 ppm; cadmium and selenium
exceed 0.063 ppm; mercury exceeds
0.0126 ppm; or nickel levels
exceed 2.205 ppm; the waste must
be re-treated or managed and
disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(2) Each batch of treatment
residue must be tested for
reactive and leachable cyanide.
If the reactive cyanide levels
exceed 250 ppm or leachable
cyanide levels (using the EP
Toxicity test without acetic acid
adjustment) exceed 1.26 ppm, the
waste must be re-treated or
managed and disposed as a
hazardous waste under 40 CFR
Parts 262 to 265 and the
permitting standards of 40 CFR
Part 270.
(3) Each batch of waste must be
tested for the total content of
specific organic toxicants. If
the total content of anthracene
exceeds 76.8 ppm, 1,2-diphenyl
hydrazine exceeds 0.001 ppm,
methylene chloride exceeds 8.18
ppm, methyl ethyl ketone exceeds
326 ppm, n-nitrosodiphenylamine
exceeds 11.9 ppm, phenol exceeds
1,566 ppm, tetrachloroethylene
exceeds 0.188 ppm, or
trichloroethylene exceeds 0.592
ppm, the waste must be managed
and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(4) A grab sample must be
collected from each batch to form
one monthly composite sample
which must be tested using GC/MS
analysis for the compounds listed
in #3, above, as well as the
remaining organics on the
priority pollutant list. (See 47
FR 52309, November 19, 1982, for
a list of the priority
pollutants.)
(5) The data from conditions 1-4
must be kept on file at the
facility for inspection purposes
and must be compiled, summarized,
and submitted to the
Administrator by certified mail
semi-annually. The Agency will
review this information and if
needed will propose to modify or
withdraw the exclusion. The
organics testing described in
conditions 3 and 4, above, are
not required until six months
from the date of promulgation.
The Agency's decision to
conditionally exclude the
treatment residue generated from
the wastewater treatment systems
at these facilities applies only
to the wastewater and solids
treatment systems as they
presently exist as described in
the delisting petition. The
exclusion does not apply to the
proposed process additions
described in the petition as
recovery including
crystallization, electrolytic
metals recovery, evaporative
recovery, and ion exchange.
[[Page 107]]
EPA's Mobile Denney Farm Site; Process wastewater, rotary kiln
Incineration McDowell, MO. ash, CHEAF media, and other
System. solids (except spent activated
carbon) (EPA Hazardous Waste Nos.
F020, F022, F023, F026, F027, and
F028) generated during the field
demonstration of EPA's Mobile
Incinerator at the Denney Farm
Site in McDowell, Missouri, after
July 25, 1985, so long as: (1)
The incinerator is functioning
properly; (2) a grab sample is
taken from each tank of
wastewater generated and the EP
leachate values do not exceed
0.03 ppm for mercury, 0.14 ppm
for selenium, and 0.68 ppm for
chromium; and (3) a grab sample
is taken from each drum of soil
or ash generated and a core
sample is collected from each
CHEAF roll generated and the EP
leachate values of daily
composites do not exceed 0.044
ppm in ash or CHEAF media for
mercury or 0.22 ppm in ash or
CHEAF media for selenium.
Falconer Glass Falconer, NY..... Wastewater treatment sludges from
Indust., Inc. the filter press and magnetic
drum separator (EPA Hazardous
Waste No. F006) generated from
electroplating operations after
July 16, 1986.
Florida Daytona Beach, This is a one-time exclusion.
Production Florida. Wastewater treatment sludges (EPA
Engineering Hazardous Waste No. F006)
Company. generated from electroplating
operations and contained in four
on-site trenches on January 23,
1987.
General Electric Shreveport Wastewater treatment sludges (EPA
Company. Louisiana. Hazardous Waste No. F006)
generated from electroplating
operations and contained in four
on-site treatment ponds on August
12, 1987.
General Motors Elyria, OH....... The residue generated from the use
Corp., Fisher of the Chemfix
Body Division. treatment process on sludge (EPA
Hazardous Waste No. F006)
generated from electroplating
operations and contained in three
on-site surface impoundments on
November 14, 1986. To assure that
stabilization occurs, the
following conditions apply to
this exclusion:
(1) Mixing ratios shall be
monitored continuously to assure
consistent treatment.
(2) One grab sample of the treated
waste shall be taken each hour as
it is pumped to the holding area
(cell) from each trailer unit. At
the end of each production day,
the grab samples from the
individual trailer units will be
composited and the EP toxicity
test will be run on each
composite sample. If lead or
total chromium concentrations
exceed 0.315 ppm or if nickel
exceeds 2.17 ppm, in the EP
extract, the waste will be
removed and retreated or disposed
of as a hazardous waste.
(3) The treated waste shall be
pumped into bermed cells which
are constructed to assure that
the treated waste is identifiable
and retrievable (i.e., the
material can be removed and
either disposed of as a hazardous
waste or retreated if conditions
1 or 2 are not met).
Failure to satisfy any of these
conditions would render the
exclusion void. This is a one-
time exclusion, applicable only
to the residue generated from the
use of the Chemfix
treatment process on the sludge
currently contained in the three
on-site surface impoundments.
General Motors Lake Orion, Wastewater treatment plant (WWTP)
Corporation. Michigan. sludge from the chemical
conversion coating (phosphate
coating) of aluminum (EPA
Hazardous Waste No. F019)
generated at a maximum annual
rate of 1,500 tons per year (or
1,500 cubic yards per year),
after October 24, 1997 and
disposed of in a Subtitle D
landfill.
1. Verification Testing: GM must
implement an annual testing
program to demonstrate, based on
the analysis of a minimum of four
representative samples, that the
constituent concentrations
measured in the TCLP (or OWEP,
where appropriate) extract of the
waste are within specific levels.
The constituent concentrations
must not exceed the following
levels (mg/l) which are back-
calculated from the delisting
health-based levels and a DAF of
90: Arsenic--4.5; Cobalt--189;
Copper-- 126; Nickel--63;
Vanadium--18; Zinc--900; 1,2-
Dichloroethane--0.45;
Ethylbenzene--63; 4-Methylphenol--
16.2; Naphthalene--90; Phenol--
1800; and Xylene--900. The
constituent concentrations must
also be less than the following
levels (mg/l) which are the
toxicity characteristic levels:
Barium--100.0; and Chromium
(total)--5.0.
2. Changes in Operating
Conditions: If GM significantly
changes the manufacturing or
treatment process or the
chemicals used in the
manufacturing or treatment
process, GM may handle the WWTP
filter press sludge generated
from the new process under this
exclusion after the facility has
demonstrated that the waste meets
the levels set forth in paragraph
1 and that no new hazardous
constituents listed in Appendix
VIII of Part 261 have been
introduced.
3. Data Submittals: The data
obtained through annual
verification testing or paragraph
2 must be submitted to U.S. EPA
Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604-3590, within 60
days of sampling. Records of
operating conditions and
analytical data must be compiled,
summarized, and maintained on
site for a minimum of five years
and must be made available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in
260.22(I)(12).
General Motors Lansing, Michigan Wastewater treatment plant (WWTP)
Corporation. sludge from the chemical
Lansing Car conversion coating (phosphate
Assembly--Body coating) of aluminum (EPA
Plant. Hazardous Waste No. F019)
generated at a maximum annual
rate of 1,250 cubic yards per
year and disposed of in a
Subtitle D landfill, after May
16, 2000.
1. Delisting Levels:
[[Page 108]]
(A) The constituent
concentrations measured in the
TCLP extract may not exceed the
following levels (mg/L):
Antimony--0.576; Arsenic--4.8;
Barium--100; Beryllium--0.384;
Cadmium--0.48; Chromium
(total)--5; Cobalt--201.6;
Copper--124.8; Lead--1.44;
Mercury--0.192; Nickel--67.2;
Selenium--1; Silver--5;
Thallium--0.192; Tin--2016;
Vanadium--28.8; Zinc--960;
Cyanide--19.2; Fluoride--384;
Acetone--336; m,p--Cresol--
19.2; 1,1--Dichloroethane--
0.0864; Ethylbenzene--67.2;
Formaldehyde--672; Phenol--
1920; Toluene--96; 1,1,1--
Trichloroethane--19.2; Xylene--
960.
(B) The total concentration of
formaldehyde in the waste may
not exceed 2100 mg/kg.
(C) Analysis for determining
reactivity from sulfide must be
added to verification testing
when an EPA-approved method
becomes available.
2. Verification Testing: GM must
implement an annual testing
program to demonstrate that the
constituent concentrations
measured in the TCLP extract (or
OWEP, where appropriate) of the
waste do not exceed the delisting
levels established in Condition
(1).
3. Changes in Operating
Conditions: If GM significantly
changes the manufacturing or
treatment process or the
chemicals used in the
manufacturing or treatment
process, GM must notify the EPA
of the changes in writing. GM
must handle wastes generated
after the process change as
hazardous until GM has
demonstrated that the wastes meet
the delisting levels set forth in
Condition (1), that no new
hazardous constituents listed in
Appendix VIII of Part 261 have
been introduced, and GM has
received written approval from
EPA.
4. Data Submittals: GM must submit
the data obtained through annual
verification testing or as
required by other conditions of
this rule to U.S. EPA Region 5,
77 W. Jackson Blvd. (DW-8J),
Chicago, IL 60604, within 60 days
of sampling. GM must compile,
summarize, and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. GM must make
these records available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
5. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, GM possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the level predicted
by the CML model, then GM must
notify the Regional Administrator
in writing within 10 days and
must report the data within 45
days of first possessing or being
made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify GM in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing GM with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. GM shall have
10 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 10 days GM presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
Geological Morrisville, PA.. Wastewater treatment sludge filter
Reclamation cake from the treatment of EPA
Operations and Hazardous Waste No. F039,
Systems, Inc. generated at a maximum annual
rate of 1,000 cubic yards. This
exclusion was published on August
20, 1991. This exclusion covers
the filter cake resulting from
the treatment of hazardous
leachate derived from only
``old'' GROWS and non-hazardous
leachate derived from only non-
hazardous sources. This exclusion
does not address the wastes
disposed of in the ``old'' GROWS
Landfill or the grit generated
during the removal of heavy
solids from the landfill
leachate. To ensure that
hazardous constituents are not
present in the filter cake at
levels of regulatory concern,
GROWS must implement a testing
program for the petitioned waste.
This testing program must meet
the conditions listed below in
order for the exclusion to be
valid:
(1) Testing: Sample collection and
analyses, including quality
control (QC) procedures, must be
performed according to SW-846
methodologies.
(A) Sample Collection: Each batch
of waste generated over a four-
week period must be collected in
containers with a maximum
capacity of 20-cubic yards. At
the end of the four-week period,
each container must be divided
into four quadrants and a single,
full-depth core sample shall be
collected from each quadrant. All
of the full-depth core samples
then must be composited under
laboratory conditions to produce
one representative composite
sample for the four-week period.
[[Page 109]]
(B) Sample Analysis: Each four-
week composite sample must be
analyzed for all of the
constituents listed in Condition
(3). The analytical data,
including quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request by any
employee or representative of EPA
or state of Pennsylvania.
(2) Waste Holding: The dewatered
filter cake waste must be stored
as hazardous until the
verification analyses are
completed.
If the four-week composite sample
does not exceed any of the
delisting levels set in Condition
(3), the filter cake waste
corresponding to this sample may
be managed and disposed of in
accordance with all applicable
solid waste regulations. If the
four-week composite sample
exceeds any of the delisting
levels set in Condition (3), the
filter cake waste generated
during the time period
corresponding to the four-week
composite sample must be
retreated until it meets these
levels (analyses must be
repeated) or managed and disposed
of in accordance with subtitle C
of RCRA.
Filter cake waste which is
generated but for which analyses
are not complete or valid must be
managed and disposed of in
accordance with subtitle C of
RCRA, until valid analyses
demonstrate that the waste meets
the delisting levels.
(3) Delisting Levels: If the
concentrations in the four-week
composite sample of the filter
cake waste for any of the
hazardous constituents listed
below exceed their respective
maximum allowable concentrations
(ppm) also listed below, the four-
week batch of failing filter cake
waste must either be retreated
until it meets these levels or
managed and disposed of in
accordance with subtitle C of
RCRA.
(A) Inorganics (Leachable):
Arsenic--0.79
Barium--15.9
Cadmium--0.16
Chromium--0.79
Cyanide--11.1
Lead--0.79
Mercury--0.032
Selenium--0.16
Silver--0.79
Nickel--11.1
Leachable metal concentrations
must be measured in the filter
cake leachate as per 40 CFR Sec.
261.24. Cyanide extractions must
be conducted using distilled
water in place of the leaching
media per 40 CFR Sec. 261.24.
(B) Organics:
Acetone--2.02E+03
Acetophenone--3.53E+04
Acetonitrile; Methyl cyanide--
2.43E+01
Acrolein--1.38E+02
Acrylonitrile--6.26E-04
Aldrin--5.27E-03
Aniline--8.72E-01
Anthracene--3.01E+02
Benzene--3.47E+00
Benzo[a]anthracene--5.78E-01
Benzo(b)fluoranthene--6.41E-01
Benzo(k)fluoranthene--3.04E+03
Benzo[a]pyrene--1.51E-01
gamma-BHC; Lindane--5.90E-01
Bis(2-chloroethyl) ether--6.94E-04
Bis(2-ethylhexyl) phthalate--
1.64E+02
Bromodichloromethane--2.94E+03
Bromoform; Tribromomethane--
3.76E+03
Butyl benzyl phthalate--2.49E+05
Carbon disulfide--4.98E+04
Carbon tetrachloride--5.49E+00
Chlordane--7.51E+01
p-Chloroaniline--1.85E+02
Chlorobenzene--5.95E+02
Chlorobenzilate--1.68E+03
p-Chloro-m-cresol--5.18E+02
Chloroform--1.94E+00
2-Chlorophenol--1.72E+02
Chrysene--5.92E+01
Cresol--4.91E+03
2,4-D; 2,4-Dichlorophenoxyacetic
acid--4.17E+02
4,4'-DDD; DDD--2.33E+00
4,4'-DDE; DDE--3.86E+00
4,4'-DDT; DDT--1.21E+01
Dibenz[a,h]anthracene--2.86E-02
[[Page 110]]
Dibromochloromethane;
Chlorodibromomethane--3.05E+03
1,2-Dibromo-3-chloropropane--4.09E-
02
1,2-Dibromoethane; Ethylene
dibromide--2.37E-03
Di-n-butyl phthalate--9.84E+05
o-Dichlorobenzene; 1,2-
Dichlorobenzene--1.95E+04
m-Dichlorobenzene; 1,3-
Dichlorobenzene--1.87E+05
p-Dichlorobenzene; 1,4-
Dichlorobenzene--1.03E+03
3,3'-Dichlorobenzidine--2.21E-01
Dichlorodifluoromethane--4.15E+05
1,1-Dichloroethane--4.45E-02
1,2-Dichloroethane; Ethylene
dichloride--1.45E+00
1,1-Dichloroethylene--4.96E+00
trans-1,2-Dichloroethylene--
1.42E+02
2,4-Dichlorophenol--1.69E+02
1,2-Dichloropropane--2.73E+00
1,3-Dichloropropene (total cis and
trans isomers)--2.32E-02
Dieldrin--5.04E-03
Diethyl phthalate--1.00E+06
Dimethoate--1.32E+00
7,12-Dimethylbenz[a]anthracene--
1.46E-02
2,4-Dimethylphenol--4.87E+01
Dimethyl phthalate--1.00E+06
m-Dinitrobenzene--5.14E+00
4,6-Dinitro-o-cresol--2.00E+02
2,4-Dinitrophenol--8.96E+01
Dinitrotoluene (total of-2,4- and
2,6- isomers)--4.54E-03
Dinoseb; DNBP--5.26E+02
Di-n-octyl phthalate--1.34E+05
1,4-Dioxane--7.89E-02
Diphenylamine--4.81E+04
Disulfoton--3.34E+00
Endosulfan I and Endosulfan II
(total)--7.74E+01
Endrin--3.92E+00
Ethylbenzene--1.94E+04
Fluoranthene--1.16E+05
Fluorene--4.09E+01
Heptachlor--1.31E+01
Heptachlor epoxide--3.26E+00
Hexachlorobenzene--1.02E+00
Hexachlorobutadiene--2.01E+01
Hexachlorocyclopentadiene--3.23E+0
4
Hexachloroethane--1.15E+01
Hexachlorophene;--1.22E+04
Indeno (1,2,3-cd) pyrene--1.16E+02
Isobutyl alcohol; Isobutanol--
3.22E+04
Isophorone--2.86E+00
Methacrylonitrile; 2-methyl-2-
Propenenitrile--5.77E-01
Methoxychlor--1.03E+05
Methylbromide; Bromomethane--
1.41E+02
Methyl chloride; Chloromethane--
3.22E+04
Methylene chloride;
Dichloromethane--9.07E-01
Methyl ethyl ketone; 2-Butanone--
1.50E+03
Methyl methacrylate--5.08E+05
Methyl parathion; Phosphorothioic
acid--5.27E+01
4-Methyl-2-pentanone; Methyl
isobutyl ketone--6.40E+03
Naphthalene--1.00E+06
Nitrobenzene--2.56E+01
N-Nitroso-di-n-butylamine--8.15E-
05
N-Nitrosodiethylamine--2.00E-07
N-Nitrosodimethylamine--2.19E-05
N-Nitrosodiphenylamine--4.55E+01
N-Nitrosodipropylamine; Di-n-
propylnitrosamine; N-Nitrosodi-n-
propylamine--5.02E-05
Nitrosopyrrolidine; N-
Nitrosopyrrolidine; l-nitroso-
Pyrrolidine--3.06E-05
Polychlorinated biphenyls;--
4.77E+01
Pentachlorobenzene--8.91E+03
Pentachloronitrobenzene--2.82E+00
Pentachlorophenol--1.14E+04
Phenanthrene--5.46E+01
Phenol--8.00E+04
Pronamide--2.13E+05
Pyrene--1.00E+06
Pyridine--1.31E+01
[[Page 111]]
Silvex; 2,4,5-TP; 2-(2,4,5-
trichlorophenoxy)-Propanoic acid--
3.87E+01
Styrene--9.14E+00
2,4,5-T; 2,4,5-
Trichlorophenoxyacetic acid--
6.63E+03
1,2,4,5-Tetrachlorobenzene--
2.19E+02
1,1,2,2-Tetrachloroethane--2.28E-
02
Tetrachloroethene;
Tetrachloroethylene--1.34E+01
2,3,4,6-Tetrachlorophenol--
1.17E+04
Tetraethyl dithiopyrophosphate--
2.51E+02
Toluene--4.58E+04
Toxaphene--3.09E+02
1,2,4-Trichlorobenzene--4.75E+04
1,1,1-Trichloroethane--8.70E+02
1,1,2-Trichloroethane--9.03E-02
Trichloroethylene;
Trichloroethene--4.47E+00
Trichlorofluoromethane--3.31E+05
2,4,5-Trichlorophenol--8.20E+04
2,4,6-Trichlorophenol--1.38E+00
1,2,3-Trichloropropane--5.46E+02
sym-Trinitrobenzene--2.17E+00
Vinyl chloride--7.11E-01
Xylene (total)--8.49E+05
Goodyear Tire and Randleman, NC.... Dewatered wastewater treatment
Rubber Co. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations.
Gould, Inc....... McConnelsville, Wastewater treatment sludge (EPA
OH. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Hoechst Celanese Bucks, Alabama... Distillation bottoms generated (at
Corporation. a maximum annual rate of 31,500
cubic yards) from the production
of sodium hydrosulfite (EPA
Hazardous Waste No. F003). This
exclusion was published on July
17, 1990. This exclusion does not
include the waste contained in
Hoechst Celanese's on-site
surface impoundment.
Hoechst Celanese Leeds, South Distillation bottoms generated (at
Corporation. Carolina. a maximum annual rate of 38,500
cubic yards) from the production
of sodium hydrosulfite (EPA
Hazardous Waste No. F003). This
exclusion was published on July
17, 1990.
Hanover Wire Hanover, Dewatered filter cake (EPA
Cloth Division. Pennsylvania. Hazardous Waste No. F006)
generated from electroplating
operations after August 15, 1986.
Holston Army Kingsport, Dewatered wastewater treatment
Ammunition Plant. Tennessee. sludges (EPA Hazardous Waste Nos.
F003, F005, and K044) generated
from the manufacturing and
processing of explosives and
containing spent non-halogenated
solvents after November 14, 1986.
Imperial Clevite. Salem, IN........ Solid resin cakes containing EPA
Hazardous Waste No. F002
generated after August 27, 1985,
from solvent recovery operations.
Indiana Steel & Munci, IN........ Dewatered wastewater treatment
Wire Corporation sludges (EPA Hazardous Waste Nos.
(formerly F006 and K062) generated from
General Cable electroplating operations and
Co.). steel finishing operations after
October 24, 1986. This exclusion
does not apply to sludges in any
on-site impoundments as of this
date.
International Terre Haute, Spent non-halogenated solvents and
Minerals and Indiana. still bottoms (EPA Hazardous
Chemical Waste No. F003) generated from
Corporation. the recovery of n-butyl alchohol
after August 15, 1986.
Kawneer Company, Springdale, Wastewater treatment filter press
Incorporated. Arkansas. sludge (EPA Hazardous Waste No.
F019) generated (at a maximum
annual rate of 26 cubic yards)
from the chemical conversion
coating of aluminum. This
exclusion was published on
November 13, 1990.
Kay-Fries, Inc... Stoney Point, NY. Biological aeration lagoon sludge
and filter press sludge generated
after September 21, 1984, which
contain EPA Hazardous Waste Nos.
F003 and F005 as well as that
disposed of in a holding lagoon
as of September 21, 1984.
Keymark Corp..... Fonda, NY........ Wastewater treatment sludge (EPA
Hazardous Waste No. F019)
generated from chemical
conversion coating of aluminum
after November 27, 1985.
Keymark Corp..... Fonda, NY........ Wastewater treatment sludges (EPA
Hazardous Waste No. F019)
generated from the chemical
conversion coating of aluminum
and contained in an on-site
impoundment on August 12, 1987.
This is a one-time exclusion.
Lederle Pearl River, NY.. Spent non-halogenated solvents and
Laboratories. still bottoms (EPA Hazardous
Waste Nos. F003 and F005)
generated from the recovery of
the following solvents: Xylene,
acetone, ethyl acetate, ethyl
ether, methyl isobutyl ketone, n-
butyl alcohol, cyclohexanone,
methanol, toluene, and pyridine
after August 2, 1988. Excusion
applies to primary and secondary
filter press sludges and compost
soils generated from these
sludges.
Lincoln Plating Lincoln, NE...... Wastewater treatment sludges (EPA
Company. Hazardous Waste No. F006)
generated from electroplating
operations after November 17,
1986.
Loxcreen Company, Hayti, MO........ Dewatered wastewater treatment
Inc. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after July 16, 1986.
[[Page 112]]
MAHLE, Inc....... Morristown, Wastewater treatment sludge filter
Tennessee. cake (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
(generated at a maximum annual
rate of 33 cubic yards), after
August 21, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis sample and
test for the constituents listed
in 40 CFR 261.24 using the method
specified therein. The annual
analytical results (including
quality control information) must
be compiled, certified according
to 40 CFR 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
representatives of EPA or the
State of Tennessee. Failure to
maintain the required records on-
site will be considered by EPA,
at its discretion, sufficient
basis to revoke the exclusion to
the extent directed by EPA.
Marquette Milwaukee, Wastewater treatment sludge (EPA
Electronics Wisconsin. Hazardous Waste No. F006)
Incorporated. generated from electroplating
operations. This exclusion was
published on April 20, 1989.
Martin Marietta Ocala, Florida... Dewatered wastewater treatment
Aerospace. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
January 23, 1987.
Mason Bay St. Louis, Wastewater treatment sludge filter
Chamberlain, Mississippi. cake (EPA Hazardous Waste No.
Incorporated. F019) generated (at a maximum
annual rate of 1,262 cubic yards)
from the chemical conversion
coating of aluminum. This
exclusion was published on
October 27, 1989.
Maytag Company... Newton, IA....... Wastewater treatment sludges (EPA
Hazardous Waste No. F006)
generated from electroplating
operations and wastewater
treatment sludges (EPA Hazardous
Waste No. F019) generated from
the chemical conversion coating
of aluminum November 17, 1986.
McDonnell Douglas Tulsa, Oklahoma.. Stabilized wastewater treatment
Corporation. sludges from surface impoundments
previously closed as a landfill
(at a maximum generation of
85,000 cubic yards on a one-time
basis). EPA Hazardous Waste No.
F019, F002, F003, and F005
generated at U.S. Air Force Plant
No. 3, Tulsa, Oklahoma and is
disposed of in Subtitle D
landfills after February 26,
1999.
McDonnell Douglas must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
leachable concentrations for the
constituents in Conditions (1)(A)
and (1)(B) in the approximately
5,000 cubic yards of combined
stabilization materials and
excavated sludges from the bottom
portion of the northwest lagoon
of the surface impoundments which
are closed as a landfill must not
exceed the following levels (ppm)
after the stabilization process
is completed in accordance with
Condition (3). Constituents must
be measured in the waste leachate
by the method specified in 40 CFR
261.24. Cyanide extractions must
be conducted using distilled
water in the place of the
leaching media per 40 CFR 261.24.
Constituents in Condition (1)(C)
must be measured as the total
concentrations in the waste(ppm).
(A) Inorganic Constituents
(leachate)
Antimony-0.336; Cadmium-0.280;
Chromium (total)-5.0; Lead-0.84;
Cyanide-11.2;
(B) Organic Constituents
(leachate)
Benzene-0.28; trans-1,2-
Dichloroethene-5.6;
Tetrachloroethylene-0.280;
Trichloroethylene-0.280
(C) Organic Constituents (total
analysis).
Benzene-10.; Ethylbenzene-10.;
Toluene-30.; Xylenes-30.; trans-
1,2-Dichloroethene-30.;
Tetrachloroethylene-6.0;
Trichloroethylene-6.0.
McDonnell Douglas Corporation
shall control volatile emissions
from the stabilization process by
collection of the volatile
chemicals as they are emitted
from the waste but before release
to the ambient air. and the
facility shall use dust control
measures. These two controls must
be adequate to protect human
health and the environment.
The approximately 80,000 cubic
yards of previously stabilized
waste in the upper northwest
lagoon, entire northeast lagoon,
and entire south lagoon of the
surface impoundments which were
closed as a landfill requires no
verification testing.
(2) Waste Holding and Handling:
McDonnell Douglas must store as
hazardous all stabilized waste
from the bottom portion of the
northwest lagoon area of the
closed landfill as generated
until verification testing as
specified in Condition (3), is
completed and valid analyses
demonstrate that Condition (1) is
satisfied. If the levels of
constituents measured in the
samples of the stabilized waste
do not exceed the levels set
forth in Condition (1), then the
waste is nonhazardous and may be
managed and disposed of in a
Subtitle D landfill in accordance
with all applicable solid waste
regulations. If constituent
levels in a sample exceed any of
the delisting levels set in
Condition (1), the waste
generated during the time period
corresponding to this sample must
be restabilized until delisting
levels are met or managed and
disposed of in accordance with
Subtitle C of RCRA.
[[Page 113]]
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies. McDonnell Douglas
must stabilize the previously
unstabilized waste from the
bottom portion of the northwest
lagoon of the surface impoundment
(which was closed as a landfill)
using fly ash, kiln dust or
similar accepted materials in
batches of 500 cubic yards or
less. McDonnell Douglas must
analyze one composite sample from
each batch of 500 cubic yards or
less. A minimum of four grab
samples must be taken from each
waste pile (or other designated
holding area) of stabilized waste
generated from each batch run.
Each composited batch sample must
be analyzed, prior to disposal of
the waste in the batch
represented by that sample, for
constituents listed in Condition
(1). There are no verification
testing requirements for the
stabilized wastes in the upper
portions of the northwest lagoon,
the entire northeast lagoon, and
the entire south lagoon of the
surface impoundments which were
closed as a landfill.
(4) Changes in Operating
Conditions: If McDonnell Douglas
significantly changes the
stabilization process established
under Condition (3) (e.g., use of
new stabilization agents),
McDonnell Douglas must notify the
Agency in writing. After written
approval by EPA, McDonnell
Douglas may handle the wastes
generated as non-hazardous, if
the wastes meet the delisting
levels set in Condition (1).
(5) Data Submittals: Records of
operating conditions and
analytical data from Condition
(3) must be compiled, summarized,
and maintained on site for a
minimum of five years. These
records and data must be
furnished upon request by EPA, or
the State of Oklahoma, or both,
and made available for
inspection. Failure to submit the
required data within the
specified time period or maintain
the required records on site for
the specified time will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. Sec. 1001
and 42 U.S.C. Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language
(a) If McDonnell Douglas
discovers that a condition at the
facility or an assumption related
to the disposal of the excluded
waste that was modeled or
predicted in the petition does
not occur as modeled or
predicted, then McDonnell Douglas
must report any information
relevant to that condition, in
writing, to the Regional
Administrator or his delegate
within 10 days of discovering
that condition.
(b) Upon receiving information
described in paragraph (a) from
any source, the Regional
Administrator or his delegate
will determine whether the
reported condition requires
further action. Further action
may include revoking the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(7) Notification Requirements:
McDonnell Douglas must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activity.
The one-time written notification
must be updated if the delisted
waste is shipped to a different
disposal facility. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Merck & Company, Elkton, Virginia. One-time exclusion for fly ash
Incorporated. (EPA Hazardous Waste No. F002)
from the incineration of
wastewater treatment sludge
generated from pharmaceutical
production processes and stored
in an on-site fly ash lagoon.
This exclusion was published on
May 12, 1989.
Metropolitan Cincinnati, OH... Sluiced bottom ash sludge
Sewer District (approximately 25,000 cubic
of Greater yards), contained in the North
Cincinnati. Lagoon, on September 21, 1984,
which contains EPA Hazardous
Wastes Nos. F001, F002, F003,
F004, and F005.
Michelin Tire Sandy Springs, Dewatered wastewater treatment
Corp. South Carolina. sludge (EPA Hazardous Wastes No.
F006) generated from
electroplating operations after
November 14, 1986.
Monroe Auto Paragould, AR.... Wastewater treatment sludge (EPA
Equipment. Hazardous Waste No. F006)
generated from electroplating
operations after vacuum
filtration after November 27,
1985. This exclusion does not
apply to the sludge contained in
the on-site impoundment.
[[Page 114]]
North American Greenville, Wastewater treatment sludges (EPA
Philips Consumer Tennessee. Hazardous Waste No. F006)
Electronics generated from electroplating
Corporation. operations. This exclusion was
published on April 20, 1989.
Occidental Ingleside, Texas. Limestone Sludge, (at a maximum
Chemical. generation 1,114 cubic yards per
calender year) Rockbox Residue,
(at a maximum generation of 1,000
cubic yards per calender year)
generated by Occidental Chemical
using the wastewater treatment
process to treat the Rockbox
Residue and the Limestone Sludge
(EPA Hazardous Waste No. F025,
F001, F003, and F005) generated
at Occidental Chemical.
Occidental Chemical must implement
a testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (ppm). The
Rockbox Residue and the Limestone
Sludge, must be measured in the
waste leachate by the method
specified in 40 CFR Part 261.24.
(A) Rockbox Residue
(i) Inorganic Constituents: Barium-
100; Chromium-5; Copper-130; Lead-
1.5; Selenium-1; Tin-2100;
Vanadium-30; Zinc-1,000
(ii) Organic Constituents: Acetone-
400; Bromodichloromethane-0.14;
Bromoform-1.0; Chlorodibromethane-
0.1; Chloroform-1.0;
Dichloromethane-1.0; Ethylbenzene-
7,000; 2,3,7,8-TCDD Equivalent-
0.00000006
(B) Limestone Sludge
(i) Inorganic Constituents:
Antimony-0.6; Arsenic-5; Barium-
100; Beryllium-0.4; Chromium-5;
Cobalt-210; Copper-130; Lead-1.5;
Nickel-70; Selenium-5; Silver-5;
Vanadium-30; Zinc-1,000
(ii) Organic Constituents Acetone-
400; Bromoform-1.0;
Chlorodibromomethane-0.1;
Dichloromethane-1.0; Diethyl
phthalate-3,000, Ethylbenzene-
7,000; 1,1,1-Trichloroethane-20;
Toluene-700;
Trichlorofluoromethane-1,000,
Xylene-10,000, 2,3,7,8-TCDD
Equivalent-0.00000006;
(2) Waste Holding and Handling:
Occidental Chemical must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous waste all Rockbox
Residue and the Limestone Sludge
generated until the verification
testing described in Condition
(3)(B), as appropriate, is
completed and valid analyses
demonstrate that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Rockbox Residue
and the Limestone Sludge do not
exceed the levels set forth in
Condition (1), then the waste is
nonhazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations. If constituent
levels in a sample exceed any of
the delisting levels waste
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with Subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies. If EPA judges the
incineration process to be
effective under the operating
conditions used during the
initial verification testing,
Occidental Chemical may replace
the testing required in Condition
(3)(A) with the testing required
in Condition (3)(B). Occidental
Chemical must continue to test as
specified in Condition (3)(A)
until and unless notified by EPA
in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
(i) During the first 40 operating
days of the Incinerator Offgas
Treatment System after the final
exclusion is granted, Occidental
Chemical must collect and analyze
composites of the Limestone
Sludge. Daily composites must be
representative grab samples
collected every 6 hours during
each unit operating cycle. The
two wastes must be analyzed,
prior to disposal, for all of the
constituents listed in Paragraph
1. The waste must also be
analyzed for pH. Occidental
Chemical must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after the generation of the
two wastes.
(ii) When the Rockbox unit is
decommissioned for cleanout,
after the final exclusion is
granted, Occidental Chemical must
collect and analyze composites of
the Rockbox Residue. Two
composites must be composed of
representative grab samples
collected from the Rockbox unit.
The waste must be analyzed, prior
to disposal, for all of the
constituents listed in Paragraph
1. The waste must be analyzed for
pH. No later than 90 days after
the Rockbox is decommissioned for
cleanout the first two times
after this exclusion becomes
final, Occidental Chemical must
report the operational and
analytical test data, including
quality control information.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Occidental
Chemical may substitute the
testing conditions in (3)(B) for
(3)(A)(i). Occidental Chemical
must continue to monitor
operating conditions, analyze
samples representative of each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated over one quarter.
(This provision does not apply to
the Rockbox Residue.)
[[Page 115]]
(C)Termination of Organic Testing
for the Limestone Sludge:
Occidental Chemical must continue
testing as required under
Condition (3)(B) for organic
constituents specified under
Condition (3)(B) for organic
constituents specified in
Condition (1)(A)(ii) and
(1)(B)(ii) until the analyses
submitted under Condition (3)(B)
show a minimum of two consecutive
quarterly samples below the
delisting levels in Condition
(1)(A)(ii) and (1)(B)(ii),
Occidental Chemical may then
request that quarterly organic
testing be terminated. After EPA
notifies Occidental Chemical in
writing it may terminate
quarterly organic testing.
Following termination of the
quarterly testing, Occidental
Chemical must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after exclusion).
(4) Changes in Operating
Conditions: If Occidental
Chemical significantly changes
the process which generate(s) the
waste(s) and which may or could
affect the composition or type
waste(s) generated as established
under Condition (1) (by
illustration, but not limitation,
change in equipment or operating
conditions of the treatment
process), Occidental Chemical
must notify the EPA in writing
and may no longer handle the
wastes generated from the new
process or no longer discharges
as nonhazardous until the wastes
meet the delisting levels set
Condition (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: The data
obtained through Condition 3 must
be submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S. EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State of Texas, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. Sec. 1001
and 42 U.S.C. Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener: (a) If Occidental
Chemical discovers that a
condition at the facility or an
assumption related to the
disposal of the excluded waste
that was modeled or predicted in
the petition does not occur as
modeled or predicted, then
Occidental Chemical must report
any information relevant to that
condition, in writing, to the
Director of the Multimedia
Planning and Permitting Division
or his delegate within 10 days of
discovering that condition. (b)
Upon receiving information
described in paragraph (a) from
any source, the Director or his
delegate will determine whether
the reported condition requires
further action. Further action
may include revoking the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(7) Notification Requirements:
Occidental Chemical must provide
a one-time written notification
to any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activities.
Failure to provide such a
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
Philway Products, Ashland, Ohio.... Filter press sludge generated (at
Incorporated. a maximum annual rate of 96 cubic
yards) during the treatment of
electroplating wastewaters using
lime (EPA Hazardous Waste No.
F006). This exclusion was
published on October 26, 1990.
Plastene Supply Portageville, Dewatered wastewater treatment
Company. Missouri. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
August 15, 1986.
[[Page 116]]
POP Fasteners.... Shelton, Wastewater treatment sludge (EPA
Connecticut. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 1,000 cubic yards) after
September 19, 1994. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
Sec. 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to Sec. 260.22(i)(12),
maintained on site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Connecticut.
Failure to maintain the required
records on site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Reynolds Metals Sheffield, AL.... Dewatered wastewater treatment
Company. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after August 15, 1986.
Reynolds Metals Sheffield, AL.... Wastewater treatment filter press
Company. sludge (EPA Hazardous Waste No.
F019) generated (at a maximum
annual rate of 3,840 cubic yards)
from the chemical conversion
coating of aluminum. This
exclusion was published on July
17, 1990.
Rhodia........... Houston,Texas.... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. D001-D43, F001-F012,
F019, F024, F025, F032, F034,
F037-F039) generated at Rhodia.
Rhodia must implement a testing
program that meets the following
conditions for the exclusion to
be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (mg/l). For the
filter-cake constituents must be
measured in the waste leachate by
the method specified in 40 CFR
261.24.
(A) Filter-cake Sludge
(i) Inorganic Constituents:
Antimony-1.15; Arsenic-1.40;
Barium-21.00; Beryllium-1.22;
Cadmium-0.11; Cobalt-189.00;
Copper-90.00; Chromium-0.60; Lead-
0.75; Mercury-0.025; Nickel-9.00;
Selenium-4.50; Silver-0.14;
Thallium-0.20; Vanadium-1.60;
Zinc-4.30
(ii) Organic Constituents:
Chlorobenzene-Non Detect; Carbon
Tetrachloride-Non Detect; Acetone-
360; Chloroform-0.9
(2) Waste Holding and Handling:
Rhodia must store in accordance
with its RCRA permit, or continue
to dispose of as hazardous waste
all Filter-cake Sludge until the
verification testing described in
Condition (3)(A), as appropriate,
is completed and valid analyses
demonstrate that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Filter-cake Sludge
do not exceed the levels set
forth in Condition (1), then the
waste is nonhazardous and may be
managed and disposed of in
accordance with all applicable
solid waste regulations.
(3) Verification Testing
Requirements: Rhodia must perform
sample collection and analyses,
including quality control
procedures, according to SW-846
methodologies. If EPA judges the
process to be effective under the
operating conditions used during
the initial verification testing,
Rhodia may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). Rhodia must continue to
test as specified in Condition
(3)(A) until and unless notified
by EPA in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
At quarterly intervals for one
year after the final exclusion is
granted, Rhodia must collect and
analyze composites of the filter-
cake sludge. From Paragraph 1
TCLP must be run on all waste and
any constituents for which total
concentrations have been
identified. Rhodia must conduct a
multiple pH leaching procedure on
samples collected during the
quarterly intervals. Rhodia must
perform the TCLP procedure using
distilled water and three
different pH extraction fluids to
simulate disposal under three
conditions. Simulate an acidic
landfill environment, basic
landfill environment and a
landfill environment similar to
the pH of the waste. Rhodia must
report the operational and
analytical test data, including
quality control information,
obtained during this initial
period no later than 90 days
after the generation of the
waste.
(B) Subsequent Verification
Testing: Following termination of
the quarterly testing, Rhodia
must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after the final exclusion).
(4) Changes in Operating
Conditions: If Rhodia
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process), or its
NPDES permit is changed, revoked
or not reissued, Rhodia must
notify the EPA in writing and may
no longer handle the waste
generated from the new process or
no longer discharge as
nonhazardous until the waste meet
the delisting levels set in
Condition (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: Rhodia must
submit the information described
below. If Rhodia fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
Paragraph 6. Rhodia must:
(A) Submit the data obtained
through Paragraph 3 to Mr.
William Gallagher, Chief, Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
[[Page 117]]
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
(i) Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
(ii) As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
(iii) If any of this information
is determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language
(A) If, anytime after disposal of
the delisted waste, Rhodia
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1,
Rhodia must report the data, in
writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If Rhodia fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
Rhodia must do following before
transporting the delisted waste:
Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.
Siegel-Robert, St. Louis, MO.... Wastewater treatment sludge (EPA
Inc. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Square D Company. Oxford, Ohio..... Dewatered filter press sludge (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after August 15, 1986.
Syntex Springfield, MO.. Kiln ash, cyclone ash, separator
Agribusiness. sludge, and filtered wastewater
(except spent activiated carbon)
(EPA Hazardous Waste No. F020
generated during the treatment of
wastewater treatment sludge by
the EPA's Mobile Incineration
System at the Denney Farm Site in
McDowell, Missouri after June 2,
1988, so long as:
[[Page 118]]
(1) The incinerator is monitored
continuously and is in compliance
with operating permit conditions.
Should the incinerator fail to
comply with the permit conditions
relevant to the mechanical
operation of the incinerator,
Syntex must test the residues
generated during the run when the
failure occurred according to the
requirements of Conditions (2)
through (6), regardless of
whether or not the demonstration
in Condition (7) has been made.
(2) Four grab samples of
wastewater must be composited
from the volume of filtered
wastewater collected after each
eight hour run and, prior to
disposal the composite samples
must be analyzed for the EP toxic
metals, nickel, and cyanide. If
arsenic, chromium, lead, and
silver EP leachate test results
exceed 0.61 ppm; barium levels
exceed 12 ppm; cadmium and
selenium levels exceed 0.12 ppm;
mercury levels exceed 0.02 ppm;
nickel levels exceed 6.1 ppm; or
cyanide levels exceed 2.4 ppm,
the wastewater must be retreated
to achieve these levels or must
be disposed in accordance with
all applicable hazardous waste
regulations. Analyses must be
performed according to SW-846
methodologies.
(3) One grab sample must be taken
from each drum of kiln and
cyclone ash generated during each
eight hour run; all grabs
collected during a given eight
hour run must then be composited
to form one composite sample. A
composite sample of four grab
samples of the separator sludge
must be collected at the end of
each eight hour run. Prior to the
disposal of the residues from
each eight hour run, an EP
leachate test must be performed
on these composite samples and
the leachate analyzed for the EP
toxic metals, nickel, and cyanide
(using a distilled water
extraction for the cyanide
extraction) to demonstrate that
the following maximum allowable
treatment residue concentrations
listed below are not exceeded.
Analyses must be performed
according to SW-846
methodologies. Any residues which
exceed any of the levels listed
below must be retreated to
achieve these levels or must be
disposed in accordance with all
applicable hazardous waste
regulations.
Maximum Allowable Solids Treatment
Residue EP Leachate
Concentrations (mg/L)
Arsenic--1.6
Barium--32
Cadmium--0.32
Chromium--1.6
Lead--1.6
Mercury--0.065
Nickel--16
Selenium--0.32
Silver--1.6
Cyanide--6.5
(4)--If Syntex stabilizes any of
the kiln and cyclone ash or
separator sludge, a Portland
cement-type stabilization process
must be used and Syntex must
collect a composite sample of
four grab samples from each batch
of stabilized waste. An MEP
leachate test must be performed
on these composite samples and
the leachate analyzed for the EP
toxic metals, nickel, and cyanide
(using a distilled water
extraction for the cyanide
leachate analysis) to demonstrate
that the maximum allowable
treatment residue concentrations
listed in Condition (3) are not
exceeded during any run of the
MEP extraction. Analyses must be
performed according to SW-846
methodologies. Any residues which
exceed any of the levels listed
in Condition (3) must be
retreated to achieve these levels
or must be disposed in accordance
with all applicable hazardous
waste regulations. (If the
residues are stabilized, the
analyses required in this
condition supercede the analyses
required in Condition (3).)
(5) Syntex must generate, prior to
disposal of residues,
verification data from each eight
hour run from each treatment
residue (i.e., kiln and cyclone
ash, separator sludge, and
filtered wastewater) to
demonstrate that the maximum
allowable treatment residue
concentrations listed below are
not exceeded. Samples must be
collected as specified in
Conditions (2) and (3). Analyses
must be performed according to SW-
846 methodologies. Any solid or
liquid residues which exceed any
of the levels listed below must
be retreated to achieve these
levels or must be disposed in
accordance with Subtitle C of
RCRA.
Maximum Allowable Wastewater
Concentrations (ppm):
Benz(a)anthracene--1 x 10-4
Benzo(a)pyrene--4 x 10-5
Benzo(b)fluoranthene--2 x 10-4
Chloroform--0.07
Chrysene--0.002
Dibenz(a,h)anthracene--9 x 10-6
1,2-Dichloroethane--0.06
Dichloromethane--0.06
Indeno(1,2,3-cd)pyrene--0.002
Polychlorinated biphenyls--1 x
10-4
1,2,4,5-Tetrachlorobenzene--0.13
2,3,4,6-Tetrachlorophenol--12
Toluene--120
Trichloroethylene--0.04
2,4,5-Trichlorophenol--49
2,4,6-Trichlorophenol--0.02
Maximum Allowable Solid Treatment
Residue Concentrations (ppm):
Benz(a)anthracene--1.1
[[Page 119]]
Benzo(a)pyrene--0.43
Benzo(b)fluoranthene--1.8
Chloroform--5.4
Chrysene--170
Dibenz(a,h)anthracene--0.083
Dichloromethane--2.4
1,2-Dichloroethane--4.1
Indeno(1,2,3-cd)pyrene--330
Polychlorinated biphenyls--0.31
1,2,4,5-Tetrachlorobenzene--720
Trichloroethylene--6.6
2,4,6-Trichlorophenol--3.9
(6) Syntex must generate, prior to
disposal of residues,
verification data from each eight
hour run for each treatment
residue (i.e., kiln and cyclone
ash, separator sludge, and
filtered wastewater) to
demonstrate that the residues do
not contain tetra-, penta-, or
hexachlorodibenzo-p-dioxins or
furans at levels of regulatory
concern. Samples must be
collected as specified in
Conditions (2) and (3). The TCDD
equivalent levels for wastewaters
must be less than 2 ppq and less
than 5 ppt for the solid
treatment residues. Any residues
with detected dioxins or furans
in excess of these levels must be
retreated or must be disposed as
acutely hazardous. Method 8290, a
high resolution gas
chromatography and high
resolution mass spectroscopy
(HRGC/HRMS) analytical method,
must be used. For tetra- and
pentachloronated dioxin and furan
homologs, the maximum practical
quantitation limit must not
exceed 15 ppt for solids and 120
ppq for wastewaters. For
hexachlorinated homologs, the
maximum practical quantitation
limit must not exceed 37 ppt for
solids and 300 ppq for
wastewaters.
(7)(A) The test data from
Conditions (1), (2), (3), (4),
(5) and (6) must be kept on file
by Syntex for inspection purposes
and must be compiled, summarized,
and submitted to the Section
Chief, Variances Section, PSPD/
OSW (WH-563), US EPA, 401 M
Street, S.W., Washington, DC
20460 by certified mail on a
monthly basis and when the
treatment of the lagoon sludge is
concluded. All data submitted
will be placed in the RCRA
docket.
(B) The testing requirements for
Conditions (2), (3), (4), (5),
and (6) will continue until
Syntex provides the Section
Chief, Variances Section, with
the results of four consecutive
batch analyses for the petitioned
wastes, none of which exceed the
maximum allowable treatment
residue concentrations listed in
these conditions and the Section
Chief, Variances Section,
notifies Syntex that the
conditions have been lifted.
(8) Syntex must provide a signed
copy of the following
certification statement when
submitting data in response to
the conditions listed above:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations, I
certify that the information
contained in or accompanying this
document is true, accurate, and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate and
complete.''
SR of Tennessee.. Ripley, TN....... Dewatered wastewater treatment
sludges (EPA Hazardous Waste No.
F006) generated from the copper,
nickel, and chromium
electroplating of plastic parts
after November 17, 1986.
Tennessee Ripley, Tennessee Dewatered wastewater treatment
Electroplating. sludges (EPA Hazardous Waste Nos.
F006) generated from
electroplating operations after
November 17, 1986. To ensure
chromium levels do not exceed the
regulatory standards there must
be continuous batch testing of
the filter press sludge for
chromium for 45 days after the
exclusion is granted. Each batch
of treatment residue must be
representatively sampled and
tested using the EP toxicity test
for chromium. This data must be
kept on file at the facility for
inspection purposes. If the
extract levels exceed 0.922 ppm
of chromium the waste must be
managed and disposed of as
hazardous. If these conditions
are not met, the exclusion does
not apply. This exclusion does
not apply to sludges in any on-
site impoundments as of this
date.
Tennessee Ripley, TN....... Wastewater treatment sludge (EPA
Electroplating. Hazardous Waste No. F006)
generated from electroplating
operations and contained in an on-
site surface impoundment (maximum
volume of 6,300 cubic yards).
This is a one-time exclusion.
This exclusion was published on
April 8, 1991.
Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. D001,
D003, D018, D019, D021, D022,
D027, D028, D029, D030, D032,
D033, D034, D035, D036, D038,
D039, D040, F001, F002, F003,
F005, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement a testing program
that meets the following
conditions for the petition to be
valid:
1. Delisting Levels: All leachable
concentrations for those metals
must not exceed the following
levels (mg/l). Metal
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR Sec.
261.24.
(A) Inorganic Constituents
Antimony--0.27; Arsenic--2.25;
Barium--90.0; Beryllium--0.0009;
Cadmium--0.225; Chromium--4.5;
Cobalt--94.5; Copper--58.5; Lead--
0.675; Mercury--0.045; Nickel--
4.5; Selenium--1.0; Silver--5.0;
Thallium--0.135; Tin--945.0;
Vanadium--13.5; Zinc--450.0
(B) Organic Constituents
[[Page 120]]
Acenaphthene--90.0; Acetone--
180.0; Benzene--0.135;
Benzo(a)anthracene--0.00347;
Benzo(a)pyrene--0.00045; Benzo(b)
fluoranthene--0.00320; Bis(2
ethylhexyl) phthalate--0.27;
Butylbenzyl phthalate--315.0;
Chloroform--0.45; Chlorobenzene--
31.5; Carbon Disulfide--180.0;
Chrysene--0.1215; 1,2-
Dichlorobenzene--135.0; 1,4-
Dichlorobenzene--0.18; Di-n-butyl
phthalate--180.0; Di-n-octyl
phthalate--35.0; 1,4 Dioxane--
0.36; Ethyl Acetate--1350.0;
Ethyl Ether--315.0; Ethylbenzene--
180.0; Flouranthene--45.0;
Fluorene--45.0; 1-Butanol--180.0;
Methyl Ethyl Ketone--200.0;
Methylene Chloride--0.45; Methyl
Isobutyl Ketone--90.0;
Naphthalene--45.0; Pyrene--45.0;
Toluene--315.0; Xylenes--3150.0
2. Waste Holding and Handling:
Texas Eastman must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous all FBI ash generated
until the Initial and Subsequent
Verification Testing described in
Paragraph 4 and 5 below is
completed and valid analyses
demonstrate that all Verification
Testing Conditions are satisfied.
After completion of Initial and
Subsequent Verification Testing,
if the levels of constituents
measured in the samples of the
FBI ash do not exceed the levels
set forth in Paragraph 1 above,
and written notification is given
by EPA, then the waste is non-
hazardous and may be managed and
disposed of in accordance with
all applicable solid waste
regulations.
3. Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies. If EPA judges the
incineration process to be
effective under the operating
conditions used during the
initial verification testing
described in Paragraph 4 below,
Texas Eastman may replace the
testing required in Paragraph 4
with the testing required in
Paragraph 5 below. Texas Eastman
must, however, continue to test
as specified in Paragraph 4 until
notified by EPA in writing that
testing in Paragraph 4 may be
replaced by the testing described
in Paragraph 5.
4. Initial Verification Testing:
During the first 40 operating
days of the FBI incinerator after
the final exclusion is granted,
Texas Eastman must collect and
analyze daily composites of the
FBI ash. Daily composites must be
composed of representative grab
samples collected every 6 hours
during each 24-hour FBI operating
cycle. The FBI ash must be
analyzed, prior to disposal of
the ash, for all constituents
listed in Paragraph 1. Texas
Eastman must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after receipt of the
validated analytical results.
5. Subsequent Verification
Testing: Following the completion
of the Initial Verification
Testing, Texas Eastman may
request to monitor operating
conditions and analyze samples
representative of each quarter of
operation during the first year
of ash generation. The samples
must represent the untreated ash
generated over one quarter.
Following written notification
from EPA, Texas Eastman may begin
the quarterly testing described
in this Paragraph.
6. Termination of Organic Testing:
Texas Eastman must continue
testing as required under
Paragraph 5 for organic
constituents specified in
Paragraph 1 until the analyses
submitted under Paragraph 5 show
a minimum of two consecutive
quarterly samples below the
delisting levels in Paragraph 1.
Texas Eastman may then request
that quarterly organic testing be
terminated. After EPA notifies
Texas Eastman in writing it may
terminate quarterly organic
testing.
7. Annual Testing: Following
termination of quarterly testing
under either Paragraphs 5 or 6,
Texas Eastman must continue to
test a representative composite
sample for all constituents
listed in Paragraph 1 (including
organics) on an annual basis (no
later than twelve months after
the date that the final exclusion
is effective).
8. Changes in Operating
Conditions: If Texas Eastman
significantly changes the
incineration process described in
its petition or implements any
new manufacturing or production
process(es) which generate(s) the
ash and which may or could affect
the composition or type of waste
generated established under
Paragraph 3 (by illustration {
but not limitation}, use of
stabilization reagents or
operating conditions of the
fluidized bed incinerator), Texas
Eastman must notify the EPA in
writing and may no longer handle
the wastes generated from the new
process as non-hazardous until
the wastes meet the delisting
levels set in Paragraph 1 and it
has received written approval to
do so from EPA.
9. Data Submittals: The data
obtained through Paragraph 3 must
be submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S. EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time period specified.
Records of operating conditions
and analytical data from
Paragraph 3 must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State of Texas, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
[[Page 121]]
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 USC 1001 and 42
USC 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
10. Notification Requirements:
Texas Eastman must provide a one-
time written notification to any
State Regulatory Agency to which
or through which the delisted
waste described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Universal Oil Decatur, Alabama. Wastewater treatment sludges (EPA
Products. Hazardous Waste No. F006)
generated from electroplating
operations and contained in two
on-site lagoons on August 15,
1986. This is a one-time
exclusion.
U.S. EPA Jefferson, One-time exclusion for scrubber
Combustion Arkansas. water (EPA Hazardous Waste No.
Research F020) generated in 1985 from the
Facility. incineration of Vertac still
bottoms. This exclusion was
published on June 28, 1989.
U.S. Nameplate Mount Vernon, Retreated wastewater treatment
Company, Inc. Iowa. sludges (EPA Hazardous Waste No.
F006) previously generated from
electroplating operations and
currently contained in an on-site
surface impoundment after
September 28, 1988. This is a one-
time exclusion for the reteated
wastes only. This exclution does
not relieve the waste unit from
regulatory compliance under
Subtitle C.
VAW of America St. Augustine, Wastewater treatment sludge filter
Incorporated. Florida. cake (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum.
This exclusion was published on
February 1, 1989.
Vermont American, Newark, OH....... Wastewater treatment sludge (EPA
Corp. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Waterloo Pocahontas, AR... Wastewater treatment sludges (EPA
Industries. Hazardous Waste No. F006)
generated from electroplating
operations after dewatering and
held on-site on July 17, 1986 and
any such sludge generated (after
dewatering) after July 17, 1986.
Watervliet Watervliet, NY... Wastewater treatment sludges (EPA
Arsenal. Hazardous Waste No. F006)
generated from electroplating
operations after January 10,
1986.
William L. Newnan, Georgia.. Dewatered wastewater treatment
Bonnell Co. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after November 14, 1986. This
exclusion does not include
sludges contained in Bonnell's on-
site surface impoundments.
Windsor Plastics, Evansville, IN... Spent non-halogenated solvents and
Inc. still bottoms (EPA Hazardous
Waste No. F003) generated from
the recovery of acetone after
November 17, 1986.
------------------------------------------------------------------------
Table 2--Wastes Excluded From Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
American Cyanamid Hannibal, Wastewater and sludge (EPA
Missouri. Hazardous Waste No. K038)
generated from the washing and
stripping of phorate production
and contained in on-site lagoons
on May 8, 1987, and such
wastewater and sludge generated
after May 8, 1987.
Amoco Oil Co..... Wood River, IL... 150 million gallons of DAF from
petroleum refining contained in
in four surge ponds after
treatment with the Chemifix
stabilization process. This waste
contains EPA Hazardous Waste No.
K048. This exclusion applies to
the 150 million gallons of waste
after chemical stabilization as
long as the mixing ratios of the
reagent with the waste are
monitored continuously and do not
vary outside of the limits
presented in the demonstration
samples; one grab sample is taken
each hour from each treatment
unit, composited, and EP toxicity
tests performed on each sample.
If the levels of lead or total
chromium exceed 0.5 ppm in the EP
extract, then the waste that was
processed during the compositing
period is considered hazardous;
the treatment residue shall be
pumped into bermed cells to
ensure that the waste is
identifiable in the event that
removal is necessary.
Akzo Chemicals Axis, AL......... Brine purification muds generated
Inc. (formerly from their chlor-alkali
Stauffer manufacturing operations (EPA
Chemical Hazardous Waste No. K071) and
Company). disposed of in brine mud pond
HWTF: 5 EP-201.
[[Page 122]]
Bekaert Steel Rogers, Arkansas. Wastewater treatment sludge (EPA
Corporation. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 1250 cubic yards to be
measured on a calendar year
basis) after [insert publication
date of the final rule]. In order
to confirm that the
characteristics of the waste do
not change significantly, the
facility must, on an annual
basis, before July 1 of each
year, analyze a representative
composite sample for the
constituents listed in Sec.
261.24 as well as antimony,
copper, nickel, and zinc using
the method specified therein. The
annual analytical results,
including quality control
information, must be compiled,
certified according to Sec.
260.22(i)(12) of this chapter,
maintained on site for a minimum
of five years, and made available
for inspection upon request of
any employee or representative of
EPA or the State of Arkansas.
Failure to maintain the required
documents on site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Notification Requirements:
Bekaert Steel Corporation must
provide a one-time written
notification to any State
Regulatory Agency to which or
through which the delisted waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Bethlehem Steel Lackawanna, New Ammonia still lime sludge (EPA
Corporation. York. Hazardous Waste No. K060) and
other solid waste generated from
primary metal-making and coking
operations. This is a one-time
exclusion for 118,000 cubic yards
of waste contained in the on-site
landfill referred to as HWM-2.
This exclusion was published on
April 24, 1996.
Bethlehem Steel Steelton, PA..... Uncured and cured chemically
Corp. stabilized electric arc furnace
dust/sludge (CSEAFD) treatment
residue (K061) generated from the
primary production of steel after
May 22, 1989. This exclusion is
conditioned upon the data
obtained from Bethlehem's full-
scale CSEAFD treatment facility
because Bethlehem's original data
were obtained from a laboratory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Bethlehem must
implement a testing program for
the petitioned waste. This
testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Bethlehem must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. Bethlehem must
report the analytical test data
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(B) Subsequent Testing: Bethlehem
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Bethlehem then must
analyze each weekly composite
sample for the EP leachate
concentrations of all the EP
toxic metals and nickel. Analyses
must be performed according to SW-
846 methodologies. The analytical
data, including all quality
control information, must be
compiled and maintained on site
for a minimum of three years.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Pennsylvania.
(2) Delisting Levels: If the EP
extract concentrations resulting
from the testing in condition
(1)(A) or (1)(B) for chromium,
lead, arsenic, or silver exceed
0.315 mg/L, for barium exceeds
6.3 mg/l; for cadmium or selenium
exceed 0.063 mg/l; for mercury
exceeds 0.0126 mg/l; for nickel
exceeds 3.15 mg/l; or for cyanide
exceeds 4.42 mg/L, or total
reactive cyanide or total
reactive sulfide levels exceed
250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated or managed
and disposed in accordance with
subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up,
Bethlehem must notify the Section
Chief, Variances Section (see
address below) when their full-
scale stabilization system is on-
line and waste treatment has
begun. All data obtained through
the initial testing condition
(1)(A), must be submitted to the
Section Chief, Variances Section,
PSPD/OSW, (OS-343), U.S. EPA, 401
M Street, S.W., Washington, DC
20460 within the time period
specified in condition (1)(A). At
the Section Chief's request,
Bethlehem must submit analytical
data obtained through condition
(1)(B) to the above address,
within the time period specified
by the Section Chief. Failure to
submit the required data obtained
from either condition (1)(A) or
(1)(B) within the specified time
periods will be considered by the
Agency sufficient basis to revoke
Bethlehem's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
[[Page 123]]
``As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
``In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Bethlehem Steel Johnstown, PA.... Uncured and cured chemically
Corp. stabilized electric arc furnace
dust/sludge (CSEAFD) treatment
residue (K061) generated from the
primary production of steel after
May 22, 1989. This exclusion is
conditioned upon the data
obtained from Bethlehem's full-
scale CSEAFD treatment facility
because Bethlehem's original data
were obtained from a labortory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Bethlehem must
implement a testing program for
the petitioned waste. This
testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Bethlehem must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. Bethlehem must
report the analytical test data
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(B) Subsequent Testing: Bethlehem
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Bethlehem then must
analyze each weekly composite
sample for the EP leachate
concentrations of all the EP
toxic metals and nickel. Analyses
must be performed according to SW-
846 methodologies. The analytical
data, including all quality
control information, must be
compiled and maintained on site
for a minimum of three years.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Pennsylvania.
(2) Delisting Levels: If the EP
extract concentrations resulting
from the testing in condition
(1)(A) or (1)(B) for chromium,
lead, arsenic, or silver exceed
0.315 mg/L, for barium exceeds
6.3 mg/l; for cadmium or selenium
exceed 0.063 mg/l; for mercury
exceeds 0.0126 mg/l; for nickel
exceeds 3.15 mg/l; or for cyanide
exceeds 4.42 mg/L, or total
reactive cyanide or total
reactive sulfide levels exceed
250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated or managed
and disposed in accordance with
subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up,
Bethlehem must notify the Section
Chief, Variances Section (see
address below) when their full-
scale stabilization system is on-
line and waste treatment has
begun. All data obtained through
the initial testing condition
(1)(A), must be submitted to the
Section Chief, Variances Section,
PSPD/OSW, (OS-343), U.S. EPA, 401
M Street, SW., Washington, DC
20406 within the time period
specified in condition (1)(A). At
the Section Chief's request,
Bethlehem must submit analytical
data obtained through condition
(1)(B) to the above address,
within the time period specified
by the Section Chief. Failure to
submit the required data obtained
from either condition (1)(A) or
(1)(B) within the specified time
periods will be considered by the
Agency sufficient basis to revoke
Bethlehem's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
``As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
``In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
[[Page 124]]
BF Goodrich Calvert City, Brine purification muds and
Intermediates Kentucky. saturator insolubles (EPA
Company, Inc. Hazardous Waste No. K071) after
August 18, 1989. This exclusion
is conditional upon the
collection and submission of data
obtained from BFG's full-scale
treatment system because BFG's
original data was based on data
presented by another petitioner
using an identical treatment
process. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, BFG must implement a
testing program. All sampling and
analyses (including quality
control procedures) must be
performed according to SW-846
procedures. This testing program
must meet the following
conditions for the exclusion to
be valid:
(1) Initial Testing: During the
first four weeks of full-scale
operation, BFG must do the
following:
(A) Collect representative grab
samples from every batch of the
treated mercury brine
purification muds and treated
saturator insolubles on a daily
basis and composite the grab
samples to produce two separate
daily composite samples (one of
the treated mercury brine
purification muds and one of the
treated saturator insolubles).
Prior to disposal of the treated
batches, two daily composite
samples must be analyzed for EP
leachate concentration of
mercury. BFG must report the
analytical test data, including
all quality control data, within
90 days after the treatment of
the first full-scale batch.
(B) Collect representative grab
samples from every batch of the
treated mercury brine
purification muds and treated
saturator insolubles on a daily
basis and composite the grab
samples to produce two separate
weekly composite samples (one of
the treated mercury brine muds
and one of the treated saturator
insolubles). Prior to disposal of
the treated batches, two weekly
composite samples must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals (except mercury),
nickel, and cyanide (using
distilled water in the cyanide
extractions), and the total
constituent concentrations of
reactive sulfide and reactive
cyanide. BFG must report the
analytical test data, including
all quality control data,
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(2) Subsequent Testing: After the
first four weeks of full-scale
operation, BFG must do the
following:
(A) Continue to sample and test as
described in condition (1)(A).
BFG must compile and store on-
site for a minimum of three years
all analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Kentucky.
(B) Continue to sample and test as
described in condition (1)(B).
BFG must compile and store on-
site for a minimum of three years
all analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Kentucky. These
testing requirements shall be
terminated by EPA when the
results of four consecutive
weekly composite samples of both
the treated mercury brine muds
and treated saturator insolubles,
obtained from either the initial
testing or subsequent testing,
show the maximum allowable levels
in condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies BFG that the
requirements of this condition
have been lifted.
(3) If, under condition (1) or
(2), the EP leachate
concentrations for chromium,
lead, arsenic, or silver exceed
0.316 mg/l; for barium exceeds
6.31 mg/l; for cadmium or
selenium exceed 0.063 mg/l; for
mercury exceeds 0.0126 mg/l, for
nickel exceeds 3.16 mg/l; for
cyanide exceeds 4.42 mg/l; or for
total reactive cyanide or total
reactive sulfide levels exceed
250 mg/kg and 500 mg/kg,
respectively, the waste must
either be retreated until it
meets these levels or managed and
disposed of in accordance with
subtitle C of RCRA.
(4) Within one week of system
start-up, BFG must notify the
Section Chief, Variances Section
(see address below) when the full-
scale system is on-line and waste
treatment has begun. All data
obtained through condition (1)
must be submitted to the Section
Chief, Variances Section, PSPD/
OSW (OS-343), U.S. EPA, 401 M
Street, SW., Washington, DC 20460
within the time period specified
in condition (1). At the Section
Chief's request, BFG must submit
any other analytical data
obtained through condition (2) to
the above address, within the
time period specified by the
Section Chief. Failure to submit
the required data will be
considered by the Agency
sufficient basis to revoke BFG's
exclusion to the extent directed
by EPA. All data must be
accompanied by the following
certification statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. Sec.
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
[[Page 125]]
CF&I Steel Pueblo, Colorado. Fully-cured chemically stabilized
Corporation. electric arc furnace dust/sludge
(CSEAFD) treatment residue (EPA
Hazardous Waste No. K061)
generated from the primary
production of steel after May 9,
1989. This exclusion is
conditioned upon the data
obtained from CF&I's full-scale
CSEAFD treatment facility because
CF&I's original data was obtained
from a laboratory-scale CSEAFD
treatment process. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment facility is in
operation, CF&I must implement a
testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be vaild:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
CF&I must collect representative
grab samples of each treated
batch of the CSEAFD and composite
the grab samples daily. The daily
composites, prior to disposal,
must be analyzed for the EP
leachate concentrations of all
the EP toxic metals, nickel, and
cyanide (using distilled water in
the cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. CF&I must report
the analytical test data obtained
during this initial period no
later than 90 days after the
treatment of the first full-scale
batch.
(B) Subsequent Testing: CF&I must
collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. CF&I then must analyze
each weekly composite sample for
the EP leachate concentrations of
all of the EP toxic metals and
nickel. Analyses must be
performed according to SW-846
methodologies. The analytical
data, including all quality
control information, must be
compiled and maintained on site
for a minimum of three years.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Colorado.
(2) Delisting levels: If the EP
extract concentrations determined
in conditions (1)(A) or (1)(B)
for chromium, lead, arsenic, or
silver exceed 0.315 mg/1; for
barium exceeds 6.3 mg/1; for
cadmium or selenium exceed 0.063
mg/1; for mercury exceeds 0.0126
mg/1; for nickel exceeds 3.15 mg/
1; or for cyanide exceeds 4.42 mg/
1, or total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated or managed
and disposed in accordance with
Subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up, CF&I
must notify the Section Chief,
Variances Section (see address
below) when their full-scale
stabilization system is on-line
and waste treatment has begun.
All data obtained through the
initial testing condition (1)(A),
must be submitted to the Section
Chief, Variances Section, PSPD/
OSW, (OS-343), U.S. EPA, 401 M
Street, SW., Washington, DC 20460
within the time period specified
in condition (1)(A). At the
Section Chief's request, CF&I
must submit analytical data
obtained through condition (1)(B)
to the above address, within the
time period specified by the
Section Chief. Failure to submit
the required data obtained from
either condition (1)(A) or (1)(B)
within the specified time periods
will be considered by the Agency
sufficient basis to revoke CF&I's
exclusion to the extent directed
by EPA. All data must be
accompanied by the following
certification statement: ``Under
civil and criminal penalty of law
for the making of submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 U.S.C.
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''
Chaparral Steel Midlothian, Texas Leachate from Landfill No. 3,
Midlothian, L.P. storm water from the baghouse
area, and other K061 wastewaters
which have been pumped to tank
storage (at a maximum generation
of 2500 cubic yards or 500,000
gallons per calender year) (EPA
Hazardous Waste No. K061)
generated at Chaparral Steel
Midlothian, L.P., Midlothian,
Texas, and is managed as
nonhazardous solid waste after
February 23, 2000.
Chaparral Steel must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the
constituent total lead in the
approximately 2,500 cubic yards
(500,000 gallons) per calender
year of raw leachate from
Landfill No. 3, storm water from
the baghouse area, and other K061
wastewaters that is transferred
from the storage tank to
nonhazardous management must not
exceed 0.69 mg/l (ppm).
Constituents must be measured in
the waste by the method specified
in SW-846.
[[Page 126]]
(2) Waste Holding and Handling:
Chaparral Steel must store as
hazardous all leachate waste from
Landfill No. 3, storm water from
the bag house area, and other
K061 wastewaters until
verification testing as specified
in Condition (3), is completed
and valid analyses demonstrate
that condition (1) is satisfied.
If the levels of constituents
measured in the samples of the
waste do not exceed the levels
set forth in Condition (1), then
the waste is nonhazardous and may
be managed and disposed of in
accordance with all applicable
solid waste regulations. If
constituent levels in a sample
exceed the delisting levels set
in Condition (1), the waste
volume corresponding to this
sample must be treated until
delisting levels are met or
returned to the original storage
tank. Treatment is designated as
precipitation, flocculation, and
filtering in a wastewater
treatment system to remove metals
from the wastewater. Treatment
residuals precipitated will be
designated as a hazardous waste.
If the delisting level cannot be
met, then the waste must be
managed and disposed of in
accordance with subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies. Chaparral Steel
must analyze one composite sample
from each batch of untreated
wastewater transferred from the
hazardous waste storage tank to
non-hazardous waste management.
Each composited batch sample must
be analyzed, prior to non-
hazardous management of the waste
in the batch represented by that
sample, for the constituent lead
as listed in Condition (1).
Chaparral may treat the waste as
specified in Condition (2).
If EPA judges the treatment
process to be effective during
the operating conditions used
during the initial verification
testing, Chaparral Steel may
replace the testing requirement
in Condition (3)(A) with the
testing requirement in Condition
(3)(B). Chaparral must continue
to test as specified in (3)(A)
until and unless notified by EPA
or designated authority that
testing in Condition (3)(A) may
be replaced with by Condition
(3)(B).
(A) Initial Verification Testing:
Representative composite samples
from the first eight (8) full-
scale treated batches of
wastewater from the K061 leachate/
wastewater storage tank must be
analyzed for the constituent lead
as listed in Condition (1),
Chaparral must report to EPA the
operational and analytical test
data, including quality control
information, obtained from these
initial full scale treatment
batches within 90 days of the
eighth treatment batch.
(B) Subsequent Verification
Testing: Following notification
by EPA, Chaparral Steel may
substitute the testing conditions
in (3)(B) for (3)(A). Chaparral
Steel must analyze representative
composite samples from the
treated full scale batches on an
annual basis. If delisting levels
for any constituent listed in
Condition (1) are exceeded in the
annual sample, Chaparral must
reinstitute complete testing as
required in Condition (3)(A). As
stated in Condition (3) Chaparral
must continue to test all batches
of untreated waste to determine
if delisting criteria are met
before managing the wastewater
from the K061 tank as
nonhazardous.
(4) Changes in Operating
Conditions: If Chaparral Steel
significantly changes the
treatment process established
under Condition (3) (e.g., use of
new treatment agents), Chaparral
Steel must notify the Agency in
writing. After written approval
by EPA, Chaparral Steel may
handle the wastes generated as
non-hazardous, if the wastes meet
the delisting levels set in
Condition (1).
(5) Data Submittals: Records of
operating conditions and
analytical data from Condition
(3) must be compiled, summarized,
and maintained on site for a
minimum of five years. These
records and data must be
furnished upon request by EPA, or
the State of Texas, or both, and
be made available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records on site for the specified
time will be considered by EPA,
at its discretion, sufficient
basis to reopen the exclusion as
described in Paragraph (6). All
data must be accompanied by a
signed copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language
[[Page 127]]
(A) If, anytime after disposal of
the delisted waste, Chaparral
Steel possesses or is otherwise
made aware of any environmental
data (including but not limited
to leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) Based on the information
described in paragraphs (5), or
(6)(A) and any other information
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or
delegate's notice to present such
information.
(D) Following the receipt of
information from the facility
described in paragraph (6)(C) or
(if no information is presented
under paragraph (6)(C)) the
initial receipt of information
described in paragraph (5) or
(6)(A), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
Chaparral Steel must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activity.
The one-time written notification
must be updated if the delisted
waste is shipped to a different
disposal facility. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Conversion Horsham, Chemically Stabilized Electric Arc
Systems, Inc. Pennsylvania. Furnace Dust (CSEAFD) that is
generated by Conversion Systems,
Inc. (CSI) (using the Super
DetoxTM treatment process as
modified by CSI to treat EAFD
(EPA Hazardous Waste No. K061))
at the following sites and that
is disposed of in Subtitle D
landfills:
Northwestern Steel, Sterling,
Illinois after June 13, 1995.
CSI must implement a testing
program for each site that meets
the following conditions for the
exclusion to be valid:
(1) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies.
(A) Initial Verification Testing:
During the first 20 operating
days of full-scale operation of a
newly constructed Super DetoxTM
treatment facility, CSI must
analyze a minimum of four (4)
composite samples of CSEAFD
representative of the full 20-day
period. Composites must be
comprised of representative
samples collected from every
batch generated. The CSEAFD
samples must be analyzed for the
constituents listed in Condition
(3). CSI must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 60
days after the generation of the
first batch of CSEAFD.
(B) Addition of New Super DetoxTM
Treatment Facilities to
Exclusion: If the Agency's review
of the data obtained during
initial verification testing
indicates that the CSEAFD
generated by a specific Super
DetoxTM treatment facility
consistently meets the delisting
levels specified in Condition
(3), the Agency will publish a
notice adding to this exclusion
the location of the new Super
DetoxTM treatment facility and
the name of the steel mill
contracting CSI's services. If
the Agency's review of the data
obtained during initial
verification testing indicates
that the CSEAFD generated by a
specific Super DetoxTM treatment
facility fails to consistently
meet the conditions of the
exclusion, the Agency will not
publish the notice adding the new
facility.
(C) Subsequent Verification
Testing: For the Sterling,
Illinois facility and any new
facility subsequently added to
CSI's conditional multiple-site
exclusion, CSI must collect and
analyze at least one composite
sample of CSEAFD each month. The
composite samples must be
composed of representative
samples collected from all
batches treated in each month.
These monthly representative
samples must be analyzed, prior
to the disposal of the CSEAFD,
for the constituents listed in
Condition (3). CSI may, at its
discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are
nonhazardous.
[[Page 128]]
(2) Waste Holding and Handling:
CSI must store as hazardous all
CSEAFD generated until
verification testing as specified
in Conditions (1)(A) and (1)(C),
as appropriate, is completed and
valid analyses demonstrate that
Condition (3) is satisfied. If
the levels of constituents
measured in the samples of CSEAFD
do not exceed the levels set
forth in Condition (3), then the
CSEAFD is non-hazardous and may
be disposed of in Subtitle D
landfills. If constituent levels
in a sample exceed any of the
delisting levels set in Condition
(3), the CSEAFD generated during
the time period corresponding to
this sample must be retreated
until it meets these levels, or
managed and disposed of in
accordance with Subtitle C of
RCRA. CSEAFD generated by a new
CSI treatment facility must be
managed as a hazardous waste
prior to the addition of the name
and location of the facility to
the exclusion. After addition of
the new facility to the
exclusion, CSEAFD generated
during the verification testing
in Condition (1)(A) is also non-
hazardous, if the delisting
levels in Condition (3) are
satisfied.
(3) Delisting Levels: All
leachable concentrations for
those metals must not exceed the
following levels (ppm): Antimony--
0.06; arsenic--0.50; barium--7.6;
beryllium--0.010; cadmium--0.050;
chromium--0.33; lead--0.15;
mercury--0.009; nickel--1;
selenium--0.16; silver--0.30;
thallium--0.020; vanadium--2; and
zinc--70. Metal concentrations
must be measured in the waste
leachate by the method specified
in 40 CFR 261.24.
(4) Changes in Operating
Conditions: After initiating
subsequent testing as described
in Condition (1)(C), if CSI
significantly changes the
stabilization process established
under Condition (1) (e.g., use of
new stabilization reagents), CSI
must notify the Agency in
writing. After written approval
by EPA, CSI may handle CSEAFD
wastes generated from the new
process as non-hazardous, if the
wastes meet the delisting levels
set in Condition (3).
(5) Data Submittals: At least one
month prior to operation of a new
Super DetoxTM treatment facility,
CSI must notify, in writing, the
Chief of the Waste Identification
Branch (see address below) when
the Super DetoxTM treatment
facility is scheduled to be on-
line. The data obtained through
Condition (1)(A) must be
submitted to the Branch Chief of
the Waste Identification Branch,
OSW (Mail Code 5304), U.S. EPA,
401 M Street, SW, Washington, DC
20460 within the time period
specified. Records of operating
conditions and analytical data
from Condition (1) must be
compiled, summarized, and
maintained on site for a minimum
of five years. These records and
data must be furnished upon
request by EPA, or the State in
which the CSI facility is
located, and made available for
inspection. Failure to submit the
required data within the
specified time period or maintain
the required records on site for
the specified time will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
DOE-RL........... Richland, Effluents (EPA Hazardous Waste
Washington. Nos. F001, F002, F003, F004,
F005, and F039 derived from F001
through F005) generated from the
200 Area Effluent Treatment
Facility (ETF) located at the
Hanford site (at a maximum
generation rate of 19 million
gallons per year) after June 13,
1995. To ensure that hazardous
constituents are not present in
the wastes at levels of
regulatory concern while the
treatment facility is in
operation, DOE must implement a
testing program. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection and
analyses (including quality
control (QC) procedures) must be
performed according to SW-846 (or
other EPA-approved)
methodologies. If EPA judges the
treatment process to be effective
under the operating conditions
used during the initial
verification testing, DOE may
replace the testing required in
Condition (1)(A) with the testing
required in Condition (1)(B). DOE
must continue to test as
specified in Condition (1)(A)
until notified by EPA in writing
that testing in Condition (1) (A)
may be replaced by Condition
(1)(B).
[[Page 129]]
(A) Initial Verification Testing:
During the period required to
fill the first three verification
tanks (each designed to hold
approximately 650,000 gallons)
with effluents generated from an
on-line, full-scale Effluent
Treatment Facility (ETF), DOE
must monitor the range of typical
operating conditions for the ETF.
DOE must collect a representative
sample from each of the first
three verification tanks filled
with ETF effluents. The samples
must be analyzed, prior to
disposal of ETF effluents, for
all constituents listed in
Condition (3). DOE must report
the operational and analytical
test data, including quality
control information, obtained
during this initial period no
later than 90 days after the
first verification tank is filled
with ETF effluents.
(B) Subsequent Verification
Testing: Following notification
by EPA, DOE may substitute the
testing conditions in this
condition for (1)(A). DOE must
continue to monitor operating
conditions, and collect and
analyze representative samples
from every tenth verification
tank filled with ETF effluents.
These representative samples must
be analyzed, prior to disposal of
ETF effluents, for all
constituents listed in Condition
(3). If all constituent levels in
a sample do not meet the
delisting levels specified in
Condition (3), DOE must analyze
representative samples from the
following two verification tanks
generated prior to disposal. DOE
may also collect and analyze
representative samples more
frequently.
(2) Waste Holding and Handling:
DOE must store as hazardous all
ETF effluents generated during
verification testing (as
specified in Conditions (1)(A)
and (1)(B)), that is until valid
analyses demonstrate that
Condition (3) is satisfied. If
the levels of hazardous
constituents in the samples of
ETF effluents are equal to or
below all of the levels set forth
in Condition (3), then the ETF
effluents are not hazardous and
may be managed and disposed of in
accordance with all applicable
solid waste regulations. If
hazardous constituent levels in
any representative sample
collected from a verification
tank exceed any of the delisting
levels set in Condition (3), the
ETF effluents in that
verification tank must be re-
treated until the ETF effluents
meet these levels. Following re-
treatment, DOE must repeat
analyses in Condition (3) prior
to disposal.
(3) Delisting Levels: All total
constituent concentrations in the
waste samples must be measured
using the appropriate methods
specified in ``Test Methods for
Evaluating Solid Wastes: Physical/
Chemical Methods,'' U.S. EPA
Publication SW-846 (or other EPA-
approved methods). All total
constituent concentrations must
be equal to or less than the
following levels (ppm):
Inorganic Constituents
Ammonium--10.0
Antimony--0.06
Arsenic--0.5
Barium--20.0
Beryllium--0.04
Cadmium--0.05
Chromium--1.0
Cyanide--2.0
Fluoride--40.0
Lead--0.15
Mercury--0.02
Nickel--1.0
Selenium--0.5
Silver--2.0
Vanadium--2.0
Zinc--100.0
Organic Constituents
Acetone--40.0
Benzene--0.05
Benzyl alcohol--100.0
1-Butyl alcohol--40.0
Carbon tetrachloride--0.05
Chlorobenzene--1.0
Chloroform--0.1
Cresol--20.0
1,4-Dichlorobenzene--0.75
1,2-Dichloroethane--0.05
1,1-Dichloroethylene--0.07
Di-n-octyl phthalate--7.0
Hexachloroethane--0.06
Methyl ethyl ketone--200.0
Methyl isobutyl ketone--30.0
Naphthalene--10.0
Tetrachloroethylene--0.05
Toluene--10.0
Tributyl phosphate--0.2
1,1,1-Trichloroethane--2.0
1,1,2-Trichloroethane--0.05
[[Page 130]]
Trichloroethylene--0.05
Vinyl Chloride--0.02
(4) Changes in Operating
Conditions: After completing the
initial verification testing in
Condition (1)(A), if DOE
significantly changes the
operating conditions established
in Condition (1), DOE must notify
the Agency in writing. After
written approval by EPA, DOE must
re-institute the testing required
in Condition (1)(A). DOE must
report the operations and test
data, required by Condition
(1)(A), including quality control
data, obtained during this period
no later than 60 days after the
changes take place. Following
written notification by EPA, DOE
may replace testing Condition
(1)(A) with (1)(B). DOE must
fulfill all other requirements in
Condition (1), as appropriate.
(5) Data Submittals: At least two
weeks prior to system start-up,
DOE must notify, in writing, the
Chief of the Waste Identification
Branch (see address below) when
the Effluent Treatment Process
will be on-line and waste
treatment will begin. The data
obtained through Condition (1)(A)
must be submitted to the Branch
Chief, Waste Identification
Branch, OSW (Mail Code 5304),
U.S. EPA, 401 M Street, S.W.,
Washington, DC 20460 within the
time period specified. Records of
operating conditions and
analytical data from Condition
(1) must be compiled, summarized,
and maintained on site for a
minimum of three years. These
records and data must be
furnished upon request by EPA or
the State of Washington and made
available for inspection. Failure
to submit the required data
within the specified time period
or to maintain the required
records on site for the specified
time will be considered by EPA,
at its discretion, sufficient
basis to revoke the exclusion to
the extent directed by EPA. All
data must be accompanied by a
signed copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 USC 1001 and 42
USC 6928), I certify that the
information contained in or
accompanying this document is
true, accurate, and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate,
and complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate, or incomplete,
and upon conveyance of this fact
to DOE, I recognize and agree
that this exclusion of waste will
be void as if it never had effect
or to the extent directed by EPA
and that the DOE will be liable
for any actions taken in
contravention of its RCRA and
CERCLA obligations premised upon
DOE's reliance on the void
exclusion.
DuraTherm, San Leon, Texas.. Desorber Solids, (at a maximum
Incorporated. generation of 20,000 cubic yards
per calendar year) generated by
DuraTherm using the treatment
process to treat the Desorber
solids, (EPA Hazardous Waste No.
K048, K049, K050, and K051 and
disposed of in a subtitle D
landfill.
DuraTherm must implement the
testing program found in Table 1.
Wastes Excluded From Non-Specific
Sources, for the petition to be
valid.
Envirite of Harvey, Illinois. See waste description under
Illinois Envirite of Pennsylvania.
(formerly
Envirite
Corporation).
Envirite of Ohio Canton, Ohio..... See waste description under
(formerly Envirite of Pennsylvania.
Envirite
Corporation).
Envirite of York, Spent pickle liquor (EPA Hazardous
Pennsylvania Pennsylvania. Waste No. K062) generated from
(formerly steel finishing operations of
Envirite facilities within the iron and
Corporation). steel industry (SIC Codes 331 and
332); wastewater treatment sludge
(EPA Hazardous Waste No. K002)
generated from the production of
chrome yellow and orange
pigments; wastewater treatment
sludge (EPA Hazardous Waste No.
K003) generated from the
production of molybdate orange
pigments; wastewater treatment
sludge (EPA Hazardous Waste No.
K004) generated from the
production of zinc yellow
pigments; wastewater treatment
sludge (EPA Hazardous Waste K005)
generated from the production of
chrome green pigments; wastewater
treatment sludge (EPA Hazardous
Waste No. K006) generated from
the production of chrome oxide
green pigments (anhydrous and
hydrated); wastewater treatment
sludge (EPA Hazardous Waste No.
K007) generated from the
production of iron blue pigments;
oven residues (EPA Hazardous
Waste No. K008) generated from
the production of chrome oxide
green pigments after November 14,
1986. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern, the facility must
implement a contingency testing
program for the petitioned
wastes. This testing program must
meet the following conditions for
the exclusions to be valid:
[[Page 131]]
(1) Each batch of treatment
residue must be representatively
sampled and tested using the EP
Toxicity test for arsenic,
barium, cadmium, chromium, lead,
selenium, silver, mercury, and
nickel. If the extract
concentrations for chromium,
lead, arsenic, and silver exceed
0.315 ppm; barium levels exceed
6.3 ppm; cadmium and selenium
exceed 0.063 ppm; mercury exceeds
0.0126 ppm; or nickel levels
exceed 2.205 ppm, the waste must
be retreated or managed and
disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(2) Each batch of treatment
residue must be tested for
reactive and leachable cyanide.
If the reactive cyanide levels
exceed 250 ppm; or leachable
cyanide levels (using the EP
Toxicity test without acetic acid
adjustment) exceed 1.26 ppm, the
waste must be re-treated or
managed and disposed as hazardous
waste under 40 CFR Parts 262 to
265 and the permitting standards
of 40 CFR 270.
(3) Each batch of waste must be
tested for the total content of
specific organic toxicants. If
the total content of anthracene
exceeds 76.8 ppm, 1.2-diphenyl
hydrazine exceeds 0.001 ppm,
methylene chloride exceeds 8.18
ppm, methyl ethyl ketone exceeds
326 ppm, n-nitrosodiphenylamine
exceeds 11.9 ppm, phenol exceeds
1,566 ppm, tetrachloroethylene
exceeds 0.188 ppm, or
trichloroethylene exceeds 0.592
ppm, the waste must be managed
and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 27 0.
(4) A grab sample must be
collected from each batch to form
one monthly composite sample
which must be tested using GC/MS
analysis for the compounds listed
in #3, above, as well as the
remaining organics on the
priority pollutant list. (See 47
FR 52309, November 19, 1982, for
a list of the priority
pollutants.)
(5) The data from conditions 1-4
must be kept on file at the
facility for inspection purposes
and must be compiled, summarized,
and submitted to the
Administrator by certified mail
semi-annually. The Agency will
review this information and if
needed will propose to modify or
withdraw the exclusion. The
organics testing described in
conditions 3 and 4, above, is not
required until six months from
the date of promulgation. The
Agency's decision to
conditionally exclude the
treatment residue generated from
the wastewater treatment systems
at these facilities applies only
to the wastewater and solids
treatment systems as they
presently exist as described in
the delisting petition. The
exclusion does not apply to the
proposed process additions
described in the petition as
recovery, including
crystallization, electrolytic
metals recovery, evaporative
recovery, and ion exchange.
Giant Refining Bloomfield, New Waste generated during the
Company, Inc. Mexico. excavation of soils from two
wastewater treatment impoundments
(referred to as the South and
North Oily Water Ponds) used to
contain water outflow from an API
separator (EPA Hazardous Waste
No. K051). This is a one-time
exclusion for approximately 2,000
cubic yards of stockpiled waste.
This exclusion was published on
September 3, 1996.
Notification Requirements: Giant
Refining Company must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activities.
Failure to provide such a
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
LCP Chemical..... Orrington, ME.... Brine purification muds and
wastewater treatment sludges
generated after August 27, 1985
from their chlor-alkali
manufacturing operations (EPA
Hazardous Waste Nos. K071 and
K106) that have been batch tested
for mercury using the EP toxicity
procedures and have been found to
contain less than 0.05 ppm
mercury in the EP extract. Brine
purification muds and wastewater
treatment sludges that exceed
this level will be considered a
hazardous waste.
Marathon Oil Co.. Texas City, Texas Residual solids (at a maximum
annual generation rate of 1,000
cubic yards) generated from the
thermal desorption treatment and,
where necessary, stabilization of
wastewater treatment plant API/
DAF filter cake (EPA Hazardous
Waste Nos. K048 and K051), after
[insert date of publication].
Marathon must implement a testing
program that meets the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection and
analyses (including quality
control (QC) procedures) must be
performed according to SW-846
methodologies. If EPA judges the
treatment process to be effective
under the operating conditions
used during the initial
verification testing, Marathon
may replace the testing required
in Condition (1)(A) with the
testing required in Condition
(1)(B). Marathon must continue to
test as specified in Condition
(1)(A), including testing for
organics in Conditions (3)(B) and
(3)(C), until and unless notified
by EPA in writing that testing in
Condition (1)(A) may be replaced
by Condition (1)(B), or that
testing for organics may be
terminated as described in (1)(C)
(to the extent directed by EPA).
(A) Initial Verification Testing:
During at least the first 40
operating days of full-scale
operation of the thermal
desorption unit, Marathon must
monitor the operating conditions
and analyze 5-day composites of
residual solids. 5-day composites
must be composed of
representative grab samples
collected from every batch during
each 5-day period of operation.
The samples must be analyzed
prior to disposal of the residual
solids for constituents listed in
Condition (3). Marathon must
report the operational and
analytical test data, including
quality control information,
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
[[Page 132]]
(B) Subsequent Verification
Testing: Following notification
by EPA, Marathon may substitute
the testing conditions in (1)(B)
for (1)(A). Marathon must
continue to monitor operating
conditions, and analyze samples
representative of each month of
operation. The samples must be
composed of representative grab
samples collected during at least
the first five days of operation
of each month. These monthly
representative samples must be
analyzed for the constituents
listed in Condition (3) prior to
the disposal of the residual
solids. Marathon may, at its
discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are
nonhazardous.
(C) Termination of Organic
Testing: Marathon must continue
testing as required under
Condition (1)(B) for organic
constituents specified in
Conditions (3)(B) and (3)(C)
until the analyses submitted
under Condition (1)(B) show a
minimum of four consecutive
monthly representative samples
with levels of specific
constituents significantly below
the delisting levels in
Conditions (3)(B) and (3)(C), and
EPA notifies Marathon in writing
that monthly testing for specific
organic constituents may be
terminated. Following termination
of monthly testing, Marathon must
continue to test a representative
5-day composite sample for all
constituents listed in Conditions
(3)(B) and (3)(C) on an annual
basis. If delisting levels for
any constituents listed in
Conditions (3)(B) and (3)(C) are
exceeded in the annual sample,
Marathon must reinstitute
complete testing as required in
Condition (1)(B).
(2) Waste Holding and Handling:
Marathon must store as hazardous
all residual solids generated
until verification testing (as
specified in Conditions (1)(A)
and (1)(B)) is completed and
valid analysis demonstrates that
Condition (3) is satisfied. If
the levels of hazardous
constituents in the samples of
residual solids are below all of
the levels set forth in Condition
(3), then the residual solids are
non-hazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations. If hazardous
constituent levels in any 5-day
composite or other representative
sample equal or exceed any of the
delisting levels set in Condition
(3), the residual solids
generated during the
corresponding time period must be
retreated and/or stabilized as
allowed below, until the residual
solids meet these levels, or
managed and disposed of in
accordance with Subtitle C of
RCRA.
If the residual solids contain
leachable inorganic
concentrations at or above the
delisting levels set forth in
Condition (3)(A), then Marathon
may stabilize the material with
Type 1 portland cement as
demonstrated in the petition to
immobilize the metals. Following
stabilization, Marathon must
repeat analyses in Condition
(3)(A) prior to disposal.
(3) Delisting Levels: Leachable
concentrations in Conditions
(3)(A) and (3)(B) must be
measured in the waste leachate by
the method specified in 40 CFR
261.24. The indicator parameters
in Condition (3)(C) must be
measured as the total
concentration in the waste.
Concentrations must be less than
the following levels (ppm):
(A) Inorganic Constituents:
antimony-0.6; arsenic, chromium,
or silver-5.0; barium-100.0;
beryllium-0.4; cadmium-0.5; lead-
1.5; mercury-0.2; nickel-10.0;
selenium-1.0; vanadium-20.0.
(B) Organic Constituents:
acenaphthene-200; benzene-0.5;
benzo(a)anthracene-0.01;
benzo(a)pyrene-0.02;
benzo(b)fluoranthene-0.02;
chrysene-0.02; ethyl benzene-70;
fluoranthene-100; fluorene-100;
naphthalene-100; pyrene-100;
toluene-100.
(C) Indicator Parameters: 1-methyl
naphthalene-3; benzo(a)pyrene-3.
(4) Changes in Operating
Conditions: After completing the
initial verification test period
in Condition (1)(A), if Marathon
significantly changes the
operating conditions established
under Condition (1), Marathon
must notify the Agency in
writing. After written approval
by EPA, Marathon must re-
institute the testing required in
Condition (1)(A) for a minimum of
four 5-day operating periods.
Marathon must report the
operations and test data,
required by Condition (1)(A),
including quality control data,
obtained during this period no
later than 60 days after the
changes take place. Following
written notification by EPA,
Marathon may replace testing
Condition (1)(A) with (1)(B).
Marathon must fulfill all other
requirements in Condition (1), as
appropriate.
(5) Data Submittals: At least two
weeks prior to system start-up,
Marathon must notify in writing
the Section Chief Delisting
Section (see address below) when
the thermal desorption and
stabilization units will be on-
line and waste treatment will
begin. The data obtained through
Condition (1)(A) must be
submitted to the Section Chief,
Delisting Section, OSW (OS-333),
U.S. EPA, 401 M Street, SW.,
Washington, DC 20460 within the
time period specified. Records of
operating conditions and
analytical data from Condition
(1) must be compiled, summarized,
and maintained on site for a
minimum of five years. These
records and data must be
furnished upon request by EPA or
the State of Texas and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C 6928), I certify that the
information contained in or
accompanying this document is
true, accurate, and complete.
[[Page 133]]
As to the (those) identified
sections(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate,
and complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate, or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Mearl Corp....... Peekskill, NY.... Wastewater treatment sludge (EPA
Hazardous Waste Nos. K006 and
K007) generated from the
production of chrome oxide green
and iron blue pigments after
November 27, 1985.
Monsanto Sauget, Illinois. Brine purification muds (EPA
Industrial Hazardous Waste No. K071)
Chemicals generated from the mercury cell
Company. process in chlorine production,
where separately prepurified
brine is not used after August
15, 1986.
Occidental Ingleside, Texas. Limestone Sludge, (at a maximum
Chemical. generation of 1,114 cubic yards
per calendar year) Rockbox
Residue, (at a maximum generation
of 1,000 cubic yards per calendar
year) generated by Occidental
Chemical using the wastewater
treatment process to treat the
Rockbox Residue and the Limestone
Sludge (EPA Hazardous Waste No.
K019, K020). Occidental Chemical
must implement a testing program
that meets conditions found in
Table 1. Wastes Excluded From Non-
Specific Sources from the
petition to be valid.
Occidental Sheffield, Retorted wastewater treatment
Chemical Corp. Alabama. sludge from the mercury cell
Muscle Shoals process in chlorine production
Plant. (EPA Hazardous Waste No. K106)
after September 19, 1989. This
exclusion is conditional upon the
submission of data obtained from
Occidental's full-scale retort
treatment system because
Occidental's original data were
based on a pilot-scale retort
system. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Occidental must
implement a testing program. All
sampling and analyses (including
quality control procedures) must
be performed according to SW-846
procedures. This testing program
must meet the following
conditions for the exclusion to
be valid:
(1) Initial Testing--During the
first four weeks of full-scale
retort operation, Occidental must
do the following:
(A) Collect representative grab
samples from every batch of
retorted material and composite
the grab samples to produce a
weekly composite sample. The
weekly composite samples, prior
to disposal or recycling, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals (except mercury),
nickel, and cyanide (using
distilled water in the cyanide
extractions), and the total
constitutent concentrations of
reactive sulfide and reactive
cyanide. Occidental must report
the analytical test data,
including all quality control
data, obtained during this
initial period no later than 90
days after the treatment of the
first full-scale batch.
(B) Collect representative grab
samples of every batch of
retorted material prior to its
disposal or recycling and analyze
the sample for EP leachate
concentration of mercury.
Occidental must report the
analytical test data, including
all quality control data, within
90 days after the treatment of
the first full-scale batch.
(2) Subsequent Testing--After the
first four weeks of full-scale
retort operation, Occidental must
do the following:
(A) Continue to sample and test as
described in condition (1)(A).
Occidental must compile and store
on-site for a minimum of three
years all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Alabama.
These testing requirements shall
be terminated by EPA when the
results of four consecutive
weekly composite samples of the
petitioned waste, obtained from
either the initial testing or
subsequent testing show the
maximum allowable levels in
condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies Occidental that
the requirements of this
condition have been lifted.
(B) Continue to sample and test
for mercury as described in
condition (1)(B).
Occidental must compile and store
on-site for a minimum of three
years all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Alabama.
These testing requirements shall
remain in effect until Occidental
provides EPA with analytical and
quality control data for thirty
consecutive batches of retorted
material, collected as described
in condition (1)(B),
demonstrating that the EP
leachable levels of mercury are
below the maximum allowable level
in condition (3) and the Section
Chief, Variances Section,
notifies Occidental that the
testing in condition (2)(B) may
be replaced with (2)(C).
[[Page 134]]
(C) [If the conditions in (2)(B)
are satisfied, the testing
requirements for mercury in
(2)(B) shall be replaced with the
following condition]. Collect
representative grab samples from
every batch of retorted material
on a daily basis and composite
the grab samples to produce a
weekly composite sample.
Occidental must analyze each
weekly composite sample prior to
its disposal or recycling for the
EP leachate concentration of
mercury. Occidental must compile
and store on-site for a minimum
of three years all analytical
data and quality control data.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Alabama.
(3) If, under condition (1) or
(2), the EP leachate
concentrations for chromium,
lead, arsenic, or silver exceed
1.616 mg/l; for barium exceeds
32.3 mg/l; for cadmium or
selenium exceed 0.323 mg/l; for
mercury exceeds 0.065 mg/l, for
nickel exceeds 16.15 mg/l; for
cyanide exceeds 22.61 mg/l; or
for total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, the waste must
either be retreated until it
meets these levels or managed and
disposed of in accordance with
subtitle C of RCRA.
(4) Within one week of system
start-up, Occidental must notify
the Section Chief, Variances
Section (see address below) when
the full-scale retort system is
on-line and waste treatment has
begun. All data obtained through
condition (1) must be submitted
to the Section Chief, Variances
Section, PSPD/OSW (OS-343), U.S.
EPA, 401 M Street SW.,
Washington, DC 20460 within the
time period specified in
condition (1). At the Section
Chief's request, Occidental must
submit any other analytical data
obtained through condition (2) to
the above address, within the
time period specified by the
Section Chief. Failure to submit
the required data will be
considered by the Agency
sufficient basis to revoke
Occidental's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Occidental Delaware City, Sodium chloride treatment muds
Chemical Delaware. (NaCl-TM), sodium chloride
Corporation. saturator cleanings (NaCl-SC),
and potassium chloride treatment
muds (KCl-TM) (all classified as
EPA Hazardous Waste No. K071)
generated at a maximum combined
rate (for all three wastes) of
1,018 tons per year. This
exclusion was published on April
29, 1991 and is conditioned upon
the collection of data from
Occidental's full-scale brine
treatment system because
Occidental's request for
exclusion was based on data from
a laboratory-scale brine
treatment process. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment system is in
operation, Occidental must
implement a testing program for
the petitioned waste. All
sampling and analyses (including
quality control procedures) must
be performed according to SW-846
methodologies. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Initial Testing: During the
first four weeks of full-scale
treatment system operation,
Occidental must do the following:
(A) Collect representative grab
samples from each batch of the
three treated wastestreams
(sodium chloride saturator
cleanings (NaCl-SC), sodium
chloride treatment muds (NaCl-TM)
and potassium chloride treatment
muds (KCl-TM)) on an as generated
basis, and composite the samples
to produce three separate weekly
composite samples (of each type
of K071 waste). The three weekly
composite samples, prior to
disposal, must be analyzed for
the EP leachate concentrations of
all the EP toxic metals (except
mercury), nickel and cyanide
(using deionized water in the
cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Occidental must report
the waste volumes produced and
the analytical test data,
including all quality control
data, obtained during this
initial period, no later than 90
days after the treatment of the
first full-scale batch.
(B) Collect representative grab
samples of each batch of the
three treated wastestreams (NaCl-
SC, NACl-TM and KCl-TM) and
composite the grab samples to
produce three separate daily
composite samples (of each type
of K071 waste) on an as generated
basis. The three daily composite
samples, prior to disposal, must
be analyzed for the EP leachate
concentration of mercury.
Occidental must report the waste
volumes produced and the
analytical test data, including
all quality control data,
obtained during this initial
period, no later than 90 days
after the treatment of the first
full-scale batch.
(2) Subsequent Testing: After the
first four weeks of full-scale
treatment operations, Occidental
must do the following (all
sampling and analyses (including
quality control procedures) must
be performed according to SW-846
procedures):
[[Page 135]]
(A) Continue to sample and test as
described in condition (1)(A).
Occidental must compile and store
on-site for a minimum of three
years the records of waste
volumes produced and all
analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Delaware. These
testing requirements shall be
terminated by EPA when the
results of four consecutive
weekly composite samples of the
petitioned waste, obtained from
either the initial testing or
subsequent testing, show the
maximum allowable levels in
condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies Occidental that
the requirements of this
condition have been lifted.
(B) Continue to sample and test
for mercury as described in
condition (1)(B). Occidental must
compile and store on-site for a
minimum of three years the
records of waste volumes produced
and all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Delaware.
These testing requirements shall
be terminated and replaced with
the requirements of condition
(2)(C) if Occidental provides EPA
with analytical and quality
control data for thirty
consecutive batches of treated
material, collected as described
in condition (1)(B),
demonstrating that the EP
leachable level of mercury in
condition (3) is not exceeded (in
all three treated wastes), and
the Section Chief, Variances
Section, notifies Occidental that
the testing in condition (2)(B)
may be replaced with (2)(C).
(C) [If the conditions in (2)(B)
are satisfied, the testing
requirements for mercury in
(2)(B) shall be replaced with the
following condition.] Collect
representative grab samples from
each batch of the three treated
wastestreams (NaCl-SC, NaCl-TM
and KCl-TM) on an as generated
basis and composite the grab
samples to produce three separate
weekly composite samples (of each
type of K071 waste). The three
weekly composite samples, prior
to disposal, must be analyzed for
the EP leachate concentration of
mercury. Occidental must compile
and store on-site for a minimum
of three years the records of
waste volumes produced and all
analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Delaware.
(3) If under conditions (1) or
(2), the EP leachate
concentration for chromium, lead,
arsenic, or silver exceeds 0.77
mg/L; for barium exceeds 15.5 mg/
L; for cadmium or selenium
exceeds 0.16 mg/L; for mercury
exceeds 0.031 mg/L; for nickel or
total cyanide exceeds 10.9 mg/L;
or the total reactive cyanide or
total reactive sulfide levels
exceeds 250 mg/kg and 500 mg/kg,
the waste must either be
retreated or managed and disposed
of in accordance with all
applicable hazardous waste
regulations.
(4) Within one week of system
start-up, Occidental must notify
the Section Chief, Variances
Section (see address below) when
the full-scale system is on-line
and waste treatment has begun.
All data obtained through
condition (1) must be submitted
to the Section Chief, Variances
Section, PSPD/OSW, (OS-333), U.S.
EPA, 401 M Street, SW.,
Washington, DC 20460 within the
time period required in condition
(1). At the Section Chief's
request, Occidental must submit
any other analytical data
obtained through conditions (1)
and (2) to the above address
within the time period specified
by the Section Chief. Failure to
submit the required data will be
considered by the Agency
sufficient basis to revoke
Occidental's exclusion to the
extent directed by EPA. All data
(either submitted to EPA or
maintained at the site) must be
accompanied by the following
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to 18 U.S.C. 1001 and 42
U.S.C. 6926), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Oxy Vinyls....... Deer Park, Texas. Rockbox Residue, (at a maximum
generation of 1,000 cubic yards
per calender year) generated by
Oxy Vinyls using the wastewater
treatment process to treat the
Rockbox Residue (EPA Hazardous
Waste No. K017, K019, and K020).
Oxy Vinyls must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (ppm). The
Rockbox Residue must be measured
in the waste leachate by the
method specified in 40 CFR
261.24.
(A) Rockbox Residue:
(i) Inorganic Constituents:
Barium--200; Chromium--5.0;
Copper--130; Lead+1.5; Tin--
2,100; Vanadium--30; Zinc--1,000
[[Page 136]]
(ii) Organic Constituents:
Acetone--400; Dichloromethane--
1.0; Dimethylphthalate--4,000;
Xylene--10,000; 2,3,7,8-TCDD
Equivalent--0.00000006
(2) Waste Holding and Handling:
Oxy Vinyls must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous waste all Rockbox
Residue generated until the
verification testing described in
Condition (3)(B), as appropriate,
is completed and valid analyses
demonstrate that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Rockbox Residue do
not exceed the levels set forth
in Condition (1), then the waste
is nonhazardous and may be
managed and disposed of in
accordance with all applicable
solid waste regulations. If
constituent levels in a sample
exceed any of the delisting
levels set in Condition 1, waste
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies. If EPA judges the
incineration process to be
effective under the operating
conditions used during the
initial verification testing, Oxy
Vinyls may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). Oxy Vinyls must continue
to test as specified in Condition
(3)(A) until and unless notified
by EPA in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
(i) When the Rockbox unit is
decommissioned for clean out,
after the final exclusion is
granted, Oxy Vinyls must collect
and analyze composites of the
Rockbox Residue. Two composites
must be composed of
representative grab samples
collected from the Rockbox unit.
The waste must be analyzed, prior
to disposal, for all of the
constituents listed in Condition
1. No later than 90 days after
the Rockbox unit is
decommissioned for clean out the
first two times after this
exclusion becomes final, Oxy
Vinyls must report the
operational and analytical test
data, including quality control
information.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Oxy Vinyls
may substitute the testing
conditions in (3)(B) for
(3)(A)(i). Oxy Vinyls must
continue to monitor operating
conditions, analyze samples
representative of each cleanout
of the Rockbox of operation
during the first year of waste
generation.
(C) Termination of Organic Testing
for the Rockbox Residue: Oxy
Vinyls must continue testing as
required under Condition (3)(B)
for organic constituents
specified under Condition (3)(B)
for organic constituents
specified in Condition (1)(A)(ii)
until the analyses submitted
under Condition (3)(B) show a
minimum of two consecutive annual
samples below the delisting
levels in Condition (1)(A)(ii),
Oxy Vinyls may then request that
annual organic testing be
terminated. Following termination
of the quarterly testing, Oxy
Vinyls must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after exclusion).
(4) Changes in Operating
Conditions: If Oxy Vinyls
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process), Oxy
Vinyls must notify the EPA in
writing and may no longer handle
the wastes generated from the new
process or no longer discharges
as nonhazardous until the wastes
meet the delisting levels set
Condition (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: The data
obtained through Condition 3 must
be submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S. EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State of Texas, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language:
[[Page 137]]
(A) If, anytime after disposal of
the delisted waste, Oxy Vinyls
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Director in granting the
petition, then the facility must
report the data, in writing, to
the Director within 10 days of
first possessing or being made
aware of that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1, Oxy
Vinyls must report the data, in
writing, to the Director within
10 days of first possessing or
being made aware of that data.
(C) Based on the information
described in paragraphs (A) or
(B) and any other information
received from any source, the
Director will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Director determines
that the reported information
does require Agency action, the
Director will notify the facility
in writing of the actions the
Director believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Director's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (D) or (if
no information is presented under
paragraph (D)) the initial
receipt of information described
in paragraphs (A) or (B), the
Director will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the
Director's determination shall
become effective immediately,
unless the Director provides
otherwise.
(7) Notification Requirements: Oxy
Vinyls must provide a one-time
written notification to any State
Regulatory Agency to which or
through which the delisted waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Perox, Sharon, Iron oxide (EPA Hazardous Waste
Incorporated. Pennsylvania. No. K062) generated (at a maximum
annual rate of 4800 cubic yards)
from a spent hydrochloric acid
pickle liquor regeneration plant
for spent pickle liquor generated
from steel finishing operations.
This exclusion was published on
November 13, 1990.
Pioneer Chlor St. Gabriel, LA.. Brine purification muds, which
Alkai Company, have been washed and vacuum
Inc. (formerly filtered, generated after August
Stauffer 27, 1985 from their chlor-alkali
Chemical manufacturing operations (EPA
Company). Hazardous Waste No. K071) that
have been batch tested for
mercury using the EP toxicity
procedure and have been found to
contain less than 0.05 ppm in
mercury in the EP extract. Brine
purification muds that exceed
this level will be considered a
hazardous waste.
POP Fasteners.... Shelton, Wastewater treatment sludge (EPA
Connecticut. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 300 cubic yards) after
December 7, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
Sec. 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to Sec. 260.22(i)(12) of this
chapter, maintained on site for a
minimum of five years, and made
available for inspection upon
request by any employee or
representative of EPA or the
State of Connecticut. Failure to
maintain the required records on
site will be considered by EPA,
at its discretion, sufficient
basis to revoke the exclusion to
the extent directed by EPA.
Rhodia........... Houston, Texas... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. K002-004, K006-K011,
K013-K052, K060-K062, K064-K066,
K069, K071, K073, K083-K088, K090-
K091, K093-K118, K123-K126, K131-
K133, K136, K141-K145, K147-K151,
K156-K161) generated at Rhodia.
Rhodia must implement the testing
program described in Table 1.
Waste Excluded From Non-Specific
Sources for the petition to be
valid.
Roanoke Electric Roanoke, VA...... Fully-cured chemically stabilized
Steel Corp. electric arc furnace dust/sludge
(CSEAFD) treatment residue (EPA
Hazardous Waste No. K061)
generated from the primary
production of steel after March
22, 1989. This exclusion is
conditioned upon the data
obtained from Roanoke's full-
scale CSEAFD treatment facility
because Roanoke's original data
were obtained from a laboratory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Roanoke must implement
a testing program for the
petitioned waste.
This testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
[[Page 138]]
(A) Initial testing: During the
first four weeks of operation of
the full-scale treatment system,
Roanoke must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. Roanoke must
report the analytical test data
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(B) Subsequent testing: Roanoke
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Roanoke then must analyze
each weekly composite sample for
all of the EP toxic metals and
nickel. Analyses must be
performed according to SW-846
methodologies. The analytical
data, including all quality
control information, must be
compiled and maintained on site
for a minimum of three years.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Virginia.
(2) Delisting levels: If the EP
extract concentrations for
chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l; for nickel exceeds 3.15 mg/
l; or for cyanide exceeds 1.26 mg/
l, or total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated or managed
and disposed in accordance with
Subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up, Roanoke
must notify the Section Chief,
Variances Section (see address
below) when their full-scale
stabilization system in on-line
and waste treatment has begun.
All data obtained through the
initial testing condition (1)(A),
must be submitted to the Section
Chief, Variances Section, PSPD/
OSW, (OS-343), U.S. EPA, 401 M
Street, SW., Washington, DC 20460
within the time period specified
in condition (1)(A). Failure to
submit the required data or keep
the required records will be
considered by the Agency, at its
discretion, sufficient basis to
revoke Roanoke's exclusion. All
data must be accompanied by the
following certification
statement: ``Under civil and
criminal penalty of law for the
making or submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 USC
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''
Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. K009 and
K010, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement a testing program
that meets conditions found in
Table 1. Wastes Excluded From Non-
Specific Sources for the petition
to be valid.
USX Steel Chicago, Illinois Fully-cured chemically stabilized
Corporation, USS electric arc furnace dust/sludge
Division, (CSEAFD) treatment residue (EPA
Southworks Hazardous Waste No. K061)
Plant, Gary generated from the primary
Works. production of steel after April
29, 1991. This exclusion (for
35,000 tons of CSEAFD per year)
is conditioned upon the data
obtained from USX's full-scale
CSEAFD treatment facility. To
ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, USX must implement a
testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection and
analyses (including quality
control (QC) procedures) must be
performed according to SW-846
methodologies.
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
USX must collect representative
grab samples of each treated
batch of the CSEAFD and composite
the grab samples daily. The daily
composites, prior to disposal,
must be analyzed for the EP
leachate concentrations of all
the EP toxic metals, nickel, and
cyanide (using distilled water in
the cyanide extractions), and the
total concentrations of reactive
sulfide and reactive cyanide. USX
must report the analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after the treatment of the
first full-scale batch.
[[Page 139]]
(B) Subsequent Testing: USX must
collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. USX then must analyze
each weekly composite sample for
all of the EP toxic metals, and
nickel. The analytical data,
including quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection by
any employee or representative of
EPA or the State of Illinois.
(2) Delisting levels: If the EP
extract concentrations for
chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l; for nickel exceeds 3.15 mg/
l; or for cyanide exceeds 4.42 mg/
l, total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated until it
meets these levels or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up USX must
notify the Section Chief,
Delisting Section (see address
below) when their full-scale
stabilization system is on-line
and waste treatment has begun.
The data obtained through
condition (1)(A) must be
submitted to the Section Chief,
Delisting Section, CAD/OSW (OS-
333), U.S. EPA, 401 M Street,
S.W., Washington, DC 20460 within
the time period specified. At the
Section Chief's request, USX must
submit any other analytical data
obtained through conditions
(1)(A) or (1)(B) within the time
period specified by the Section
Chief. Failure to submit the
required data obtained from
conditions (1)(A) or (1)(B)
within the specified time period
or maintain the required records
for the specified time will be
considered by the Agency, at its
discretion, sufficient basis to
revoke USX's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement: ``Under civil and
criminal penalty of law for the
making or submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 U.S.C.
Sec. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''
Vulcan Materials Port Edwards, WI. Brine purification muds (EPA
Company. Hazardous Waste No. K071)
generated from the mercury cell
process in chlorine production,
where separately prepurified
brine is not used after November
17, 1986. To assure that mercury
levels in this waste are
maintained at acceptable levels,
the following conditions apply to
this exclusion: Each batch of
treated brine clarifier muds and
saturator insolubles must be
tested (by the extraction
procedure) prior to disposal and
the leachate concentration of
mercury must be less than or
equal to 0.0129 ppm. If the waste
does not meet this requirement,
then it must be re-treated or
disposed of as hazardous. This
exclusion does not apply to
wastes for which either of these
conditions is not satisfied.
------------------------------------------------------------------------
Table 3--Wastes Excluded From Commercial Chemical Products, Off-
Specification Species, Container Residues, and Soil Residues Thereof
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
Rhodia........... Houston, Texas... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. P001-P024, P026-P031,
P033-P034, P036-P051, P054, P056-
P060, P062-P078, P081-P082, P084-
P085, P087-P089, P092-P116, P118-
P123, P127-P128, P185, P188-P192,
P194, P196-P199, P201-P205, U001-
U012, U014-U039, U041-U053, U055-
U064, U066-U099, U101-U103, U105-
U138, U140-U174, U176-U194, U196-
U197, U200-U211, U213-U223, U225-
U228, U234-U240, U243-U244, U246-
U249, U271, U277-U280, U328,
U353, U359, U364-U367, U372-U373,
U375-U379, U381-U396, U400-U404,
U407, U409-U411) generated at
Rhodia. Rhodia must implement the
testing program described in
Table 1. Waste Excluded From Non-
Specific Sources for the petition
to be valid.
Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. U001,
U002, U003, U019, U028, U031,
U037, U044, U056, U069, U070,
U107, U108, U112, U113, U115,
U117, U122, U140, U147, U151,
U154, U159, U161, U169, U190,
U196, U211, U213, U226, U239, and
U359, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement the testing
program described in Table 1.
Wastes Excluded From Non-Specific
Sources for the petition to be
valid.
[[Page 140]]
Union Carbide Taft, LA......... Contaminated soil (approximately
Corp. 11,000 cubic yards), which
contains acrolein in
concentrations of less than 9
ppm.
------------------------------------------------------------------------
[49 FR 37070, Sept. 21, 1984]
Editorial Note: For Federal Register citations affecting appendix IX
of part 261, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of Contents
Subpart A--General
Sec.
262.10 Purpose, scope, and applicability.
262.11 Hazardous waste determination.
262.12 EPA identification numbers.
Subpart B--The Manifest
262.20 General requirements.
262.21 Acquisition of manifests.
262.22 Number of copies.
262.23 Use of the manifest.
Subpart C--Pre-Transport Requirements
262.30 Packaging.
262.31 Labeling.
262.32 Marking.
262.33 Placarding.
262.34 Accumulation time.
Subpart D--Recordkeeping and Reporting
262.40 Recordkeeping.
262.41 Biennial report.
262.42 Exception reporting.
262.43 Additional reporting.
262.44 Special requirements for generators of between 100 and 1000 kg/
mo.
Subpart E--Exports of Hazardous Waste
262.50 Applicability.
262.51 Definitions.
262.52 General requirements.
262.53 Notification of intent to export.
262.54 Special manifest requirements.
262.55 Exception reports.
262.56 Annual reports.
262.57 Recordkeeping.
262.58 International agreements.
Subpart F--Imports of Hazardous Waste
262.60 Imports of hazardous waste.
Subpart G--Farmers
262.70 Farmers.
Subpart H--Transfrontier shipments of hazardous waste for recovery
within the OECD
262.80 Applicability.
262.81 Definitions.
262.82 General conditions.
262.83 Notification and consent.
262.84 Tracking document.
262.85 Contracts.
262.86 Provisions relating to recognized traders.
262.87 Reporting and recordkeeping.
262.88 Pre-approval for U.S. Recovery Facilities (Reserved).
262.89 OECD Waste Lists.
Subpart I--New York State Public Utilities
262.90 Project XL for Public Utilities in New York State.
Subpart J--University Laboratories XL Project--Laboratory Environmental
Management Standard
262.100 To what organizations does this subpart apply?
262.101 What is in this subpart?
262.102 What special definitions are included in this subpart?
262.103 What is the scope of the laboratory environmental management
standard?
262.104 What are the minimum performance criteria?
262.105 What must be included in the laboratory environmental
management plan?
262.106 When must a hazardous waste determination be made?
262.107 Under what circumstances will a university's participation in
this environmental management standard pilot be terminated?
262.108 When will this subpart expire?
Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions
(EPA
[[Page 141]]
Forms 8700-22 and 8700-22A and Their Instructions)
Authority: 42 U.S.C 6906, 6912, 6922-6925, 6937, and 6938.
Source: 45 FR 33142, May 19, 1980, unless otherwise noted.
Subpart A--General
Sec. 262.10 Purpose, scope, and applicability.
(a) These regulations establish standards for generators of
hazardous waste.
(b) 40 CFR 261.5(c) and (d) must be used to determine the
applicability of provisions of this part that are dependent on
calculations of the quantity of hazardous waste generated per month.
(c) A generator who treats, stores, or disposes of hazardous waste
on-site must only comply with the following sections of this part with
respect to that waste: Section 262.11 for determining whether or not he
has a hazardous waste, Sec. 262.12 for obtaining an EPA identification
number, Sec. 262.34 for accumulation of hazardous waste, Sec. 262.40 (c)
and (d) for recordkeeping, Sec. 262.43 for additional reporting, and if
applicable, Sec. 262.70 for farmers.
(d) Any person who exports or imports hazardous waste subject to the
Federal manifesting requirements of part 262, or subject to the
universal waste management standards of 40 CFR Part 273, or subject to
State requirements analogous to 40 CFR Part 273, to or from the
countries listed in Sec. 262.58(a)(1) for recovery must comply with
subpart H of this part.
(e) Any person who imports hazardous waste into the United States
must comply with the standards applicable to generators established in
this part.
(f) A farmer who generates waste pesticides which are hazardous
waste and who complies with all of the requirements of Sec. 262.70 is
not required to comply with other standards in this part or 40 CFR parts
270, 264, 265, or 268 with respect to such pesticides.
(g) A person who generates a hazardous waste as defined by 40 CFR
part 261 is subject to the compliance requirements and penalties
prescribed in section 3008 of the Act if he does not comply with the
requirements of this part.
(h) An owner or operator who initiates a shipment of hazardous waste
from a treatment, storage, or disposal facility must comply with the
generator standards established in this part.
(i) Persons responding to an explosives or munitions emergency in
accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D)
or (iv), and 270.1(c)(3)(i)(D) or (iii) are not required to comply with
the standards of this part.
(j) (1) Universities that are participating in the Laboratory XL
project are the University of Massachusetts Boston in Boston,
Massachusetts, Boston College in Chestnut Hill, Massachusetts, and the
University of Vermont in Burlington, Vermont (``Universities''). The
Universities generate laboratory wastes (as defined in Sec. 262.102),
some of which will be hazardous wastes. As long as the Universities
comply with all the requirements of subpart J of this part the
Universities' laboratories that are participating in the University
Laboratories XL Project as identified in Table 1 of this section, are
not subject to the provisions of Secs. 262.11, 262.34(c), 40 CFR Parts
264 and 265, and the permit requirements of 40 CFR Part 270 with respect
to said laboratory wastes.
Table 1.--Laboratory XL Project Participant Information
----------------------------------------------------------------------------------------------------------------
Approx.
Institution number of Departments participating Location of current hazardous
labs waste accumulation areas
----------------------------------------------------------------------------------------------------------------
Boston College, Chestnut Hill, MA..... 120 Chemistry, Biology, Geology, Merkert Chemistry Building,
Physics, Psychology. 2609 Beacon St., Boston, MA,
Higgins Building, 140
Commonwealth Ave., Chestnut
Hill, MA.
University of Massachusetts Boston, 150 Chemistry, Biology, Science Building (Bldg.
Boston, MA. Psychology, Anthropology, #080); McCormack Building
Geology and Earth Sciences, (Bldg. #020); and Wheatley
and Environmental, Coastal Building (Bldg. #010), 100
and Ocean Sciences. Morrissey Blvd., Boston, MA.
[[Page 142]]
University of Vermont, Burlington, VT. 400 Colleges of: Agriculture and Given Bunker, 89 Beaumont
Life Sciences, Arts and Ave., Burlington, VT.
Sciences, Medicine, and
Engineering and Mathematics;
and Schools of: Nursing,
Allied Heath Sciences, and
Natural Resources.
----------------------------------------------------------------------------------------------------------------
(2) Each University shall have the right to change its respective
departments or the on-site location of its hazardous waste accumulation
areas listed in Table 1 of this section upon written notice to the
Regional Administrator for EPA-Region I and the appropriate state
agency. Such written notice will be provided at least ten days prior to
the effective date of any such changes.
Note 1: The provisions of Sec. 262.34 are applicable to the on-site
accumulation of hazardous waste by generators. Therefore, the provisions
of Sec. 262.34 only apply to owners or operators who are shipping
hazardous waste which they generated at that facility.
Note 2: A generator who treats, stores, or disposes of hazardous
waste on-site must comply with the applicable standards and permit
requirements set forth in 40 CFR parts 264, 265, 266, 268, and 270.
[45 FR 33142, May 19, 1980, as amended at 45 FR 86970, Dec. 31, 1980; 47
FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 19,
1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309,
Apr. 12, 1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28, 1999]
Sec. 262.11 Hazardous waste determination.
A person who generates a solid waste, as defined in 40 CFR 261.2,
must determine if that waste is a hazardous waste using the following
method:
(a) He should first determine if the waste is excluded from
regulation under 40 CFR 261.4.
(b) He must then determine if the waste is listed as a hazardous
waste in subpart D of 40 CFR part 261.
Note: Even if the waste is listed, the generator still has an
opportunity under 40 CFR 260.22 to demonstrate to the Administrator that
the waste from his particular facility or operation is not a hazardous
waste.
(c) For purposes of compliance with 40 CFR part 268, or if the waste
is not listed in subpart D of 40 CFR part 261, the generator must then
determine whether the waste is identified in subpart C of 40 CFR part
261 by either:
(1) Testing the waste according to the methods set forth in subpart
C of 40 CFR part 261, or according to an equivalent method approved by
the Administrator under 40 CFR 260.21; or
(2) Applying knowledge of the hazard characteristic of the waste in
light of the materials or the processes used.
(d) If the waste is determined to be hazardous, the generator must
refer to parts 261, 264, 265, 266, 268, and 273 of this chapter for
possible exclusions or restrictions pertaining to management of the
specific waste.
[45 FR 33142, May 19, 1980, as amended at 45 FR 76624, Nov. 19, 1980; 51
FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3877, Jan. 31,
1991; 60 FR 25541, May 11, 1995]
Sec. 262.12 EPA identification numbers.
(a) A generator must not treat, store, dispose of, transport, or
offer for transportation, hazardous waste without having received an EPA
identification number from the Administrator.
(b) A generator who has not received an EPA identification number
may obtain one by applying to the Administrator using EPA form 8700-12.
Upon receiving the request the Administrator will assign an EPA
identification number to the generator.
(c) A generator must not offer his hazardous waste to transporters
or to treatment, storage, or disposal facilities that have not received
an EPA identification number.
Subpart B--The Manifest
Sec. 262.20 General requirements.
(a) A generator who transports, or offers for transportation,
hazardous waste for offsite treatment, storage, or
[[Page 143]]
disposal must prepare a Manifest OMB control number 2050-0039 on EPA
form 8700-22, and, if necessary, EPA form 8700-22A, according to the
instructions included in the appendix to part 262.
(b) A generator must designate on the manifest one facility which is
permitted to handle the waste described on the manifest.
(c) A generator may also designate on the manifest one alternate
facility which is permitted to handle his waste in the event an
emergency prevents delivery of the waste to the primary designated
facility.
(d) If the transporter is unable to deliver the hazardous waste to
the designated facility or the alternate facility, the generator must
either designate another facility or instruct the transporter to return
the waste.
(e) The requirements of this subpart do not apply to hazardous waste
produced by generators of greater than 100 kg but less than 1000 kg in a
calendar month where:
(1) The waste is reclaimed under a contractual agreement pursuant to
which:
(i) The type of waste and frequency of shipments are specified in
the agreement;
(ii) The vehicle used to transport the waste to the recycling
facility and to deliver regenerated material back to the generator is
owned and operated by the reclaimer of the waste; and
(2) The generator maintains a copy of the reclamation agreement in
his files for a period of at least three years after termination or
expiration of the agreement.
(f) The requirements of this subpart and Sec. 262.32(b) do not apply
to the transport of hazardous wastes on a public or private right-of-way
within or along the border of contiguous property under the control of
the same person, even if such contiguous property is divided by a public
or private right-of-way. Notwithstanding 40 CFR 263.10(a), the generator
or transporter must comply with the requirements for transporters set
forth in 40 CFR 263.30 and 263.31 in the event of a discharge of
hazardous waste on a public or private right-of-way.
[45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984; 51
FR 10175, Mar. 24, 1986; 53 FR 45090, Nov. 8, 1988; 62 FR 6651, Feb. 12,
1997]
Sec. 262.21 Acquisition of manifests.
(a) If the State to which the shipment is manifested (consignment
State) supplies the manifest and requires its use, then the generator
must use that manifest.
(b) If the consignment State does not supply the manifest, but the
State in which the generator is located (generator State) supplies the
manifest and requires its use, then the generator must use that State's
manifest.
(c) If neither the generator State nor the consignment State
supplies the manifest, then the generator may obtain the manifest from
any source.
[49 FR 10500, Mar. 20, 1984]
Sec. 262.22 Number of copies.
The manifest consists of at least the number of copies which will
provide the generator, each transporter, and the owner or operator of
the designated facility with one copy each for their records and another
copy to be returned to the generator.
Sec. 262.23 Use of the manifest.
(a) The generator must:
(1) Sign the manifest certification by hand; and
(2) Obtain the handwritten signature of the initial transporter and
date of acceptance on the manifest; and
(3) Retain one copy, in accordance with Sec. 262.40(a).
(b) The generator must give the transporter the remaining copies of
the manifest.
(c) For shipments of hazardous waste within the United States solely
by water (bulk shipments only), the generator must send three copies of
the manifest dated and signed in accordance with this section to the
owner or operator of the designated facility or the last water (bulk
shipment) transporter to handle the waste in the United States if
exported by water.
[[Page 144]]
Copies of the manifest are not required for each transporter.
(d) For rail shipments of hazardous waste within the United States
which originate at the site of generation, the generator must send at
least three copies of the manifest dated and signed in accordance with
this section to:
(1) The next non-rail transporter, if any; or
(2) The designated facility if transported solely by rail; or
(3) The last rail transporter to handle the waste in the United
States if exported by rail.
(e) For shipments of hazardous waste to a designated facility in an
authorized State which has not yet obtained authorization to regulate
that particular waste as hazardous, the generator must assure that the
designated facility agrees to sign and return the manifest to the
generator, and that any out-of-state transporter signs and forwards the
manifest to the designated facility.
Note: See Sec. 263.20(e) and (f) for special provisions for rail or
water (bulk shipment) transporters.
[45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 55
FR 2354, Jan. 23, 1990]
Subpart C--Pre-Transport Requirements
Sec. 262.30 Packaging.
Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a generator must package the waste in
accordance with the applicable Department of Transportation regulations
on packaging under 49 CFR parts 173, 178, and 179.
Sec. 262.31 Labeling.
Before transporting or offering hazardous waste for transportation
off-site, a generator must label each package in accordance with the
applicable Department of Transportation regulations on hazardous
materials under 49 CFR part 172.
Sec. 262.32 Marking.
(a) Before transporting or offering hazardous waste for
transportation off-site, a generator must mark each package of hazardous
waste in accordance with the applicable Department of Transportation
regulations on hazardous materials under 49 CFR part 172;
(b) Before transporting hazardous waste or offering hazardous waste
for transportation off-site, a generator must mark each container of 110
gallons or less used in such transportation with the following words and
information displayed in accordance with the requirements of 49 CFR
172.304:
HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If found,
contact the nearest police or public safety authority or the U.S.
Environmental Protection Agency.
Generator's Name and Address ----------.
Manifest Document Number ------------.
Sec. 262.33 Placarding.
Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a generator must placard or offer the initial
transporter the appropriate placards according to Department of
Transportation regulations for hazardous materials under 49 CFR part
172, subpart F.
Sec. 262.34 Accumulation time.
(a) Except as provided in paragraphs (d), (e), and (f) of this
section, a generator may accumulate hazardous waste on-site for 90 days
or less without a permit or without having interim status, provided
that:
(1) The waste is placed:
(i) In containers and the generator complies with the applicable
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
(ii) In tanks and the generator complies with the applicable
requirements of subparts J, AA, BB, and CC of 40 CFR part 265 except
Secs. 265.197(c) and 265.200; and/or
(iii) On drip pads and the generator complies with subpart W of 40
CFR part 265 and maintains the following records at the facility:
(A) A description of procedures that will be followed to ensure that
all wastes are removed from the drip pad and associated collection
system at least once every 90 days; and
(B) Documentation of each waste removal, including the quantity of
waste removed from the drip pad and the
[[Page 145]]
sump or collection system and the date and time of removal; and/or
(iv) The waste is placed in containment buildings and the generator
complies with subpart DD of 40 CFR part 265, has placed its professional
engineer certification that the building complies with the design
standards specified in 40 CFR 265.1101 in the facility's operating
record no later than 60 days after the date of initial operation of the
unit. After February 18, 1993, PE certification will be required prior
to operation of the unit. The owner or operator shall maintain the
following records at the facility:
(A) A written description of procedures to ensure that each waste
volume remains in the unit for no more than 90 days, a written
description of the waste generation and management practices for the
facility showing that they are consistent with respecting the 90 day
limit, and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at least once every 90
days.
In addition, such a generator is exempt from all the requirements in
subparts G and H of 40 CFR part 265, except for Secs. 265.111 and
265.114.
(2) The date upon which each period of accumulation begins is
clearly marked and visible for inspection on each container;
(3) While being accumulated on-site, each container and tank is
labeled or marked clearly with the words, ``Hazardous Waste''; and
(4) The generator complies with the requirements for owners or
operators in Subparts C and D in 40 CFR part 265, with Sec. 265.16, and
with 40 CFR 268.7(a)(5).
(b) A generator who accumulates hazardous waste for more than 90
days is an operator of a storage facility and is subject to the
requirements of 40 CFR parts 264 and 265 and the permit requirements of
40 CFR part 270 unless he has been granted an extension to the 90-day
period. Such extension may be granted by EPA if hazardous wastes must
remain on-site for longer than 90 days due to unforeseen, temporary, and
uncontrollable circumstances. An extension of up to 30 days may be
granted at the discretion of the Regional Administrator on a case-by-
case basis.
(c)(1) A generator may accumulate as much as 55 gallons of hazardous
waste or one quart of acutely hazardous waste listed in Sec. 261.33(e)
in containers at or near any point of generation where wastes initially
accumulate, which is under the control of the operator of the process
generating the waste, without a permit or interim status and without
complying with paragraph (a) of this section provided he:
(i) Complies with Secs. 265.171, 265.172, and 265.173(a) of this
chapter; and
(ii) Marks his containers either with the words ``Hazardous Waste''
or with other words that identify the contents of the containers.
(2) A generator who accumulates either hazardous waste or acutely
hazardous waste listed in Sec. 261.33(e) in excess of the amounts listed
in paragraph (c)(1) of this section at or near any point of generation
must, with respect to that amount of excess waste, comply within three
days with paragraph (a) of this section or other applicable provisions
of this chapter. During the three day period the generator must continue
to comply with paragraphs (c)(1)(i) through (ii) of this section. The
generator must mark the container holding the excess accumulation of
hazardous waste with the date the excess amount began accumulating.
(d) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month may
accumulate hazardous waste on-site for 180 days or less without a permit
or without having interim status provided that:
(1) The quantity of waste accumulated on-site never exceeds 6000
kilograms;
(2) The generator complies with the requirements of subpart I of
part 265 of this chapter, except for Secs. 265.176 and 265.178;
(3) The generator complies with the requirements of Sec. 265.201 in
subpart J of part 265;
(4) The generator complies with the requirements of paragraphs
(a)(2) and (a)(3) of this section, the requirements of subpart C of part
265, the requirements of 40 CFR 268.7(a)(5); and
(5) The generator complies with the following requirements:
[[Page 146]]
(i) At all times there must be at least one employee either on the
premises or on call (i.e., available to respond to an emergency by
reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures
specified in paragraph (d)(5)(iv) of this section. This employee is the
emergency coordinator.
(ii) The generator must post the following information next to the
telephone:
(A) The name and telephone number of the emergency coordinator;
(B) Location of fire extinguishers and spill control material, and,
if present, fire alarm; and
(C) The telephone number of the fire department, unless the facility
has a direct alarm.
(iii) The generator must ensure that all employees are thoroughly
familiar with proper waste handling and emergency procedures, relevant
to their responsibilities during normal facility operations and
emergencies;
(iv) The emergency coordinator or his designee must respond to any
emergencies that arise. The applicable responses are as follows:
(A) In the event of a fire, call the fire department or attempt to
extinguish it using a fire extinguisher;
(B) In the event of a spill, contain the flow of hazardous waste to
the extent possible, and as soon as is practicable, clean up the
hazardous waste and any contaminated materials or soil;
(C) In the event of a fire, explosion, or other release which could
threaten human health outside the facility or when the generator has
knowledge that a spill has reached surface water, the generator must
immediately notify the National Response Center (using their 24-hour
toll free number 800/424-8802). The report must include the following
information:
(1) The name, address, and U.S. EPA Identification Number of the
generator;
(2) Date, time, and type of incident (e.g., spill or fire);
(3) Quantity and type of hazardous waste involved in the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition of recovered materials, if
any.
(e) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and who must
transport his waste, or offer his waste for transportation, over a
distance of 200 miles or more for off-site treatment, storage or
disposal may accumulate hazardous waste on-site for 270 days or less
without a permit or without having interim status provided that he
complies with the requirements of paragraph (d) of this section.
(f) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and who
accumulates hazardous waste in quantities exceeding 6000 kg or
accumulates hazardous waste for more than 180 days (or for more than 270
days if he must transport his waste, or offer his waste for
transportation, over a distance of 200 miles or more) is an operator of
a storage facility and is subject to the requirements of 40 CFR parts
264 and 265 and the permit requirements of 40 CFR part 270 unless he has
been granted an extension to the 180-day (or 270-day if applicable)
period. Such extension may be granted by EPA if hazardous wastes must
remain on-site for longer than 180 days (or 270 days if applicable) due
to unforeseen, temporary, and uncontrollable circumstances. An extension
of up to 30 days may be granted at the discretion of the Regional
Administrator on a case-by-case basis.
(g) A generator who generates 1,000 kilograms or greater of
hazardous waste per calendar month who also generates wastewater
treatment sludges from electroplating operations that meet the listing
description for the RCRA hazardous waste code F006, may accumulate F006
waste on-site for more than 90 days, but not more than 180 days without
a permit or without having interim status provided that:
(1) The generator has implemented pollution prevention practices
that reduce the amount of any hazardous substances, pollutants or
contaminants entering F006 or otherwise released to the environment
prior to its recycling;
(2) The F006 waste is legitimately recycled through metals recovery;
[[Page 147]]
(3) No more than 20,000 kilograms of F006 waste is accumulated on-
site at any one time; and
(4) The F006 waste is managed in accordance with the following:
(i) The F006 waste is placed:
(A) In containers and the generator complies with the applicable
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
(B) In tanks and the generator complies with the applicable
requirements of subparts J, AA, BB, and CC of 40 CFR part 265, except
Secs. 265.197(c) and 265.200; and/or
(C) In containment buildings and the generator complies with subpart
DD of 40 CFR part 265, and has placed its professional engineer
certification that the building complies with the design standards
specified in 40 CFR 265.1101 in the facility's operating record prior to
operation of the unit. The owner or operator must maintain the following
records at the facility:
(1) A written description of procedures to ensure that the F006
waste remains in the unit for no more than 180 days, a written
description of the waste generation and management practices for the
facility showing that they are consistent with the 180-day limit, and
documentation that the generator is complying with the procedures; or
(2) Documentation that the unit is emptied at least once every 180
days.
(ii) In addition, such a generator is exempt from all the
requirements in subparts G and H of 40 CFR part 265, except for
Secs. 265.111 and 265.114.
(iii) The date upon which each period of accumulation begins is
clearly marked and visible for inspection on each container;
(iv) While being accumulated on-site, each container and tank is
labeled or marked clearly with the words, ``Hazardous Waste;'' and
(v) The generator complies with the requirements for owners or
operators in subparts C and D in 40 CFR part 265, with 40 CFR 265.16,
and with 40 CFR 268.7(a)(5).
(h) A generator who generates 1,000 kilograms or greater of
hazardous waste per calendar month who also generates wastewater
treatment sludges from electroplating operations that meet the listing
description for the RCRA hazardous waste code F006, and who must
transport this waste, or offer this waste for transportation, over a
distance of 200 miles or more for off-site metals recovery, may
accumulate F006 waste on-site for more than 90 days, but not more than
270 days without a permit or without having interim status if the
generator complies with the requirements of paragraphs (g)(1) through
(g)(4) of this section.
(i) A generator accumulating F006 in accordance with paragraphs (g)
and (h) of this section who accumulates F006 waste on-site for more than
180 days (or for more than 270 days if the generator must transport this
waste, or offer this waste for transportation, over a distance of 200
miles or more), or who accumulates more than 20,000 kilograms of F006
waste on-site is an operator of a storage facility and is subject to the
requirements of 40 CFR parts 264 and 265 and the permit requirements of
40 CFR part 270 unless the generator has been granted an extension to
the 180-day (or 270-day if applicable) period or an exception to the
20,000 kilogram accumulation limit. Such extensions and exceptions may
be granted by EPA if F006 waste must remain on-site for longer than 180
days (or 270 days if applicable) or if more than 20,000 kilograms of
F006 waste must remain on-site due to unforeseen, temporary, and
uncontrollable circumstances. An extension of up to 30 days or an
exception to the accumulation limit may be granted at the discretion of
the Regional Administrator on a case-by-case basis.
[47 FR 1251, Jan. 11, 1982, as amended at 48 FR 14294, Apr. 1, 1983; 49
FR 49571, Dec. 20, 1984; 51 FR 10175, Mar. 24, 1986; 51 FR 25472, July
14, 1986; 55 FR 22684, June 1, 1990; 55 FR 50483, Dec. 6, 1990; 56 FR
3877, Jan. 31, 1991; 56 FR 30195, July 1, 1991; 57 FR 37264, Aug. 18,
1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996; 61 FR 59950,
Nov. 25, 1996; 64 FR 3388, Jan. 21, 1999; 64 FR 25414, May 11, 1999; 64
FR 56471, Oct. 20, 1999; 65 FR 12397, Mar. 8, 2000]
Subpart D--Recordkeeping and Reporting
Sec. 262.40 Recordkeeping.
(a) A generator must keep a copy of each manifest signed in
accordance with Sec. 262.23(a) for three years or until
[[Page 148]]
he receives a signed copy from the designated facility which received
the waste. This signed copy must be retained as a record for at least
three years from the date the waste was accepted by the initial
transporter.
(b) A generator must keep a copy of each Biennial Report and
Exception Report for a period of at least three years from the due date
of the report.
(c) A generator must keep records of any test results, waste
analyses, or other determinations made in accordance with Sec. 262.11
for at least three years from the date that the waste was last sent to
on-site or off-site treatment, storage, or disposal.
(d) The periods or retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
[45 FR 33142, May 19, 1980, as amended at 48 FR 3981, Jan. 28, 1983]
Sec. 262.41 Biennial report.
(a) A generator who ships any hazardous waste off-site to a
treatment, storage or disposal facility within the United States must
prepare and submit a single copy of a Biennial Report to the Regional
Administrator by March 1 of each even numbered year. The Biennial Report
must be submitted on EPA Form 8700-13A, must cover generator activities
during the previous year, and must include the following information:
(1) The EPA identification number, name, and address of the
generator;
(2) The calendar year covered by the report;
(3) The EPA identification number, name, and address for each off-
site treatment, storage, or disposal facility in the United States to
which waste was shipped during the year;
(4) The name and EPA identification number of each transporter used
during the reporting year for shipments to a treatment, storage or
disposal facility within the United States;
(5) A description, EPA hazardous waste number (from 40 CFR part 261,
subpart C or D), DOT hazard class, and quantity of each hazardous waste
shipped off-site for shipments to a treatment, storage or disposal
facility within the United States. This information must be listed by
EPA identification number of each such off-site facility to which waste
was shipped.
(6) A description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated.
(7) A description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous years to the
extent such information is available for years prior to 1984.
(8) The certification signed by the generator or authorized
representative.
(b) Any generator who treats, stores, or disposes of hazardous waste
on-site must submit a biennial report covering those wastes in
accordance with the provisions of 40 CFR parts 270, 264, 265, and 266.
Reporting for exports of hazardous waste is not required on the Biennial
Report form. A separate annual report requirement is set forth at 40 CFR
262.56.
[48 FR 3981, Jan. 28, 1983, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 28746, July 15, 1985; 51 FR 28682, Aug. 8, 1986]
Sec. 262.42 Exception reporting.
(a)(1) A generator of greater than 1000 kilograms of hazardous waste
in a calendar month who does not receive a copy of the manifest with the
handwritten signature of the owner or operator of the designated
facility within 35 days of the date the waste was accepted by the
initial transporter must contact the transporter and/or the owner or
operator of the designated facility to determine the status of the
hazardous waste.
(2) A generator of greater than 1000 kilograms of hazardous waste in
a calendar month must submit an Exception Report to the EPA Regional
Administrator for the Region in which the generator is located if he has
not received a copy of the manifest with the handwritten signature of
the owner or operator of the designated facility within 45 days of the
date the waste was accepted by the initial transporter. The Exception
Report must include:
[[Page 149]]
(i) A legible copy of the manifest for which the generator does not
have confirmation of delivery;
(ii) A cover letter signed by the generator or his authorized
representative explaining the efforts taken to locate the hazardous
waste and the results of those efforts.
(b) A generator of greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month who does not receive a
copy of the manifest with the handwritten signature of the owner or
operator of the designated facility within 60 days of the date the waste
was accepted by the initial transporter must submit a legible copy of
the manifest, with some indication that the generator has not received
confirmation of delivery, to the EPA Regional Administrator for the
Region in which the generator is located.
Note: The submission to EPA need only be a handwritten or typed note
on the manifest itself, or on an attached sheet of paper, stating that
the return copy was not received.
[52 FR 35898, Sept. 23, 1987]
Sec. 262.43 Additional reporting.
The Administrator, as he deems necessary under sections 2002(a) and
3002(6) of the Act, may require generators to furnish additional reports
concerning the quantities and disposition of wastes identified or listed
in 40 CFR part 261.
Sec. 262.44 Special requirements for generators of between 100 and 1000 kg/mo.
A generator of greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month is subject only to the
following requirements in this subpart:
(a) Section 262.40(a), (c), and (d), recordkeeping;
(b) Section 262.42(b), exception reporting; and
(c) Section 262.43, additional reporting.
[52 FR 35899, Sept. 23, 1987]
Subpart E--Exports of Hazardous Waste
Source: 51 FR 28682, Aug. 8, 1986, unless otherwise noted.
Sec. 262.50 Applicability.
This subpart establishes requirements applicable to exports of
hazardous waste. Except to the extent Sec. 262.58 provides otherwise, a
primary exporter of hazardous waste must comply with the special
requirements of this subpart and a transporter transporting hazardous
waste for export must comply with applicable requirements of part 263.
Section 262.58 sets forth the requirements of international agreements
between the United States and receiving countries which establish
different notice, export, and enforcement procedures for the
transportation, treatment, storage and disposal of hazardous waste for
shipments between the United States and those countries.
Sec. 262.51 Definitions.
In addition to the definitions set forth at 40 CFR 260.10, the
following definitions apply to this subpart:
Consignee means the ultimate treatment, storage or disposal facility
in a receiving country to which the hazardous waste will be sent.
EPA Acknowledgement of Consent means the cable sent to EPA from the
U.S. Embassy in a receiving country that acknowledges the written
consent of the receiving country to accept the hazardous waste and
describes the terms and conditions of the receiving country's consent to
the shipment.
Primary Exporter means any person who is required to originate the
manifest for a shipment of hazardous waste in accordance with 40 CFR
part 262, subpart B, or equivalent State provision, which specifies a
treatment, storage, or disposal facility in a receiving country as the
facility to which the hazardous waste will be sent and any intermediary
arranging for the export.
Receiving country means a foreign country to which a hazardous waste
is
[[Page 150]]
sent for the purpose of treatment, storage or disposal (except short-
term storage incidental to transportation).
Transit country means any foreign country, other than a receiving
country, through which a hazardous waste is transported.
[53 FR 27164, July 19, 1988]
Sec. 262.52 General requirements.
Exports of hazardous waste are prohibited except in compliance with
the applicable requirements of this subpart and part 263. Exports of
hazardous waste are prohibited unless:
(a) Notification in accordance with Sec. 262.53 has been provided;
(b) The receiving country has consented to accept the hazardous
waste;
(c) A copy of the EPA Acknowledgment of Consent to the shipment
accompanies the hazardous waste shipment and, unless exported by rail,
is attached to the manifest (or shipping paper for exports by water
(bulk shipment)).
(d) The hazardous waste shipment conforms to the terms of the
receiving country's written consent as reflected in the EPA
Acknowledgment of Consent.
Sec. 262.53 Notification of intent to export.
(a) A primary exporter of hazardous waste must notify EPA of an
intended export before such waste is scheduled to leave the United
States. A complete notification should be submitted sixty (60) days
before the initial shipment is intended to be shipped off site. This
notification may cover export activities extending over a twelve (12)
month or lesser period. The notification must be in writing, signed by
the primary exporter, and include the following information:
(1) Name, mailing address, telephone number and EPA ID number of the
primary exporter;
(2) By consignee, for each hazardous waste type:
(i) A description of the hazardous waste and the EPA hazardous waste
number (from 40 CFR part 261, subparts C and D), U.S. DOT proper
shipping name, hazard class and ID number (UN/NA) for each hazardous
waste as identified in 49 CFR parts 171 through 177;
(ii) The estimated frequency or rate at which such waste is to be
exported and the period of time over which such waste is to be exported.
(iii) The estimated total quantity of the hazardous waste in units
as specified in the instructions to the Uniform Hazardous Waste Manifest
Form (8700-22);
(iv) All points of entry to and departure from each foreign country
through which the hazardous waste will pass;
(v) A description of the means by which each shipment of the
hazardous waste will be transported (e.g., mode of transportation
vehicle (air, highway, rail, water, etc.), type(s) of container (drums,
boxes, tanks, etc.));
(vi) A description of the manner in which the hazardous waste will
be treated, stored or disposed of in the receiving country (e.g., land
or ocean incineration, other land disposal, ocean dumping, recycling);
(vii) The name and site address of the consignee and any alternate
consignee; and
(viii) The name of any transit countries through which the hazardous
waste will be sent and a description of the approximate length of time
the hazardous waste will remain in such country and the nature of its
handling while there;
(b) Notifications submitted by mail should be sent to the following
mailing address: Office of Enforcement and Compliance Assurance, Office
of Compliance, Enforcement Planning, Targeting, and Data Division
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC
20460. Hand-delivered notifications should be sent to: Office of
Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting, and Data Division (2222A), Environmental Protection
Agency, Ariel Rios Bldg., 12th St. and Pennsylvania Ave., NW.,
Washington, DC. In both cases, the following shall be prominently
displayed on the front of the envelope: ``Attention: Notification of
Intent to Export.''
(c) Except for changes to the telephone number in paragraph (a)(1)
of this section, changes to paragraph (a)(2)(v) of this section and
decreases in
[[Page 151]]
the quantity indicated pursuant to paragraph (a)(2)(iii) of this section
when the conditions specified on the original notification change
(including any exceedance of the estimate of the quantity of hazardous
waste specified in the original notification), the primary exporter must
provide EPA with a written renotification of the change. The shipment
cannot take place until consent of the receiving country to the changes
(except for changes to paragraph (a)(2)(viii) of this section and in the
ports of entry to and departure from transit countries pursuant to
paragraph (a)(2)(iv) of this section) has been obtained and the primary
exporter receives an EPA Acknowledgment of Consent reflecting the
receiving country's consent to the changes.
(d) Upon request by EPA, a primary exporter shall furnish to EPA any
additional information which a receiving country requests in order to
respond to a notification.
(e) In conjunction with the Department of State, EPA will provide a
complete notification to the receiving country and any transit
countries. A notification is complete when EPA receives a notification
which EPA determines satisfies the requirements of paragraph (a) of this
section. Where a claim of confidentiality is asserted with respect to
any notification information required by paragraph (a) of this section,
EPA may find the notification not complete until any such claim is
resolved in accordance with 40 CFR 260.2.
(f) Where the receiving country consents to the receipt of the
hazardous waste, EPA will forward an EPA Acknowledgment of Consent to
the primary exporter for purposes of Sec. 262.54(h). Where the receiving
country objects to receipt of the hazardous waste or withdraws a prior
consent, EPA will notify the primary exporter in writing. EPA will also
notify the primary exporter of any responses from transit countries.
[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61
FR 16309, Apr. 12, 1996]
Sec. 262.54 Special manifest requirements.
A primary exporter must comply with the manifest requirements of 40
CFR 262.20 through 262.23 except that:
(a) In lieu of the name, site address and EPA ID number of the
designated permitted facility, the primary exporter must enter the name
and site address of the consignee;
(b) In lieu of the name, site address and EPA ID number of a
permitted alternate facility, the primary exporter may enter the name
and site address of any alternate consignee.
(c) In Special Handling Instructions and Additional Information, the
primary exporter must identify the point of departure from the United
States;
(d) The following statement must be added to the end of the first
sentence of the certification set forth in Item 16 of the Uniform
Hazardous Waste Manifest Form: ``and conforms to the terms of the
attached EPA Acknowledgment of Consent'';
(e) In lieu of the requirements of Sec. 262.21, the primary exporter
must obtain the manifest form from the primary exporter's State if that
State supplies the manifest form and requires its use. If the primary
exporter's State does not supply the manifest form, the primary exporter
may obtain a manifest form from any source.
(f) The primary exporter must require the consignee to confirm in
writing the delivery of the hazardous waste to that facility and to
describe any significant discrepancies (as defined in 40 CFR 264.72(a))
between the manifest and the shipment. A copy of the manifest signed by
such facility may be used to confirm delivery of the hazardous waste.
(g) In lieu of the requirements of Sec. 262.20(d), where a shipment
cannot be delivered for any reason to the designated or alternate
consignee, the primary exporter must:
(1) Renotify EPA of a change in the conditions of the original
notification to allow shipment to a new consignee in accordance with
Sec. 262.53(c) and obtain an EPA Acknowledgment of Consent prior to
delivery; or
(2) Instruct the transporter to return the waste to the primary
exporter in
[[Page 152]]
the United States or designate another facility within the United
States; and
(3) Instruct the transporter to revise the manifest in accordance
with the primary exporter's instructions.
(h) The primary exporter must attach a copy of the EPA
Acknowledgment of Consent to the shipment to the manifest which must
accompany the hazardous waste shipment. For exports by rail or water
(bulk shipment), the primary exporter must provide the transporter with
an EPA Acknowledgment of Consent which must accompany the hazardous
waste but which need not be attached to the manifest except that for
exports by water (bulk shipment) the primary exporter must attach the
copy of the EPA Acknowledgment of Consent to the shipping paper.
(i) The primary exporter shall provide the transporter with an
additional copy of the manifest for delivery to the U.S. Customs
official at the point the hazardous waste leaves the United States in
accordance with Sec. 263.20(g)(4).
Sec. 262.55 Exception reports.
In lieu of the requirements of Sec. 262.42, a primary exporter must
file an exception report with the Administrator if:
(a) He has not received a copy of the manifest signed by the
transporter stating the date and place of departure from the United
States within forty-five (45) days from the date it was accepted by the
initial transporter;
(b) Within ninety (90) days from the date the waste was accepted by
the initial transporter, the primary exporter has not received written
confirmation from the consignee that the hazardous waste was received;
(c) The waste is returned to the United States.
Sec. 262.56 Annual reports.
(a) Primary exporters of hazardous waste shall file with the
Administrator no later than March 1 of each year, a report summarizing
the types, quantities, frequency, and ultimate destination of all
hazardous waste exported during the previous calendar year. Such reports
shall include the following:
(1) The EPA identification number, name, and mailing and site
address of the exporter;
(2) The calendar year covered by the report;
(3) The name and site address of each consignee;
(4) By consignee, for each hazardous waste exported, a description
of the hazardous waste, the EPA hazardous waste number (from 40 CFR part
261, subpart C or D), DOT hazard class, the name and US EPA ID number
(where applicable) for each transporter used, the total amount of waste
shipped and number of shipments pursuant to each notification;
(5) Except for hazardous waste produced by exporters of greater than
100 kg but less than 1000 kg in a calendar month, unless provided
pursuant to Sec. 262.41, in even numbered years:
(i) A description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous years to the
extent such information is available for years prior to 1984.
(6) A certification signed by the primary exporter which states:
I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this and all attached
documents, and that based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the submitted
information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information including the
possibility of fine and imprisonment.
(b) Annual reports submitted by mail should be sent to the following
mailing address: Office of Enforcement and Compliance Assurance, Office
of Compliance, Enforcement Planning, Targeting, and Data Division
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC
20460. Hand-delivered reports should be sent to: Office of Enforcement
and Compliance Assurance, Office of Compliance, Enforcement Planning,
Targeting, and Data Division (2222A), Environmental
[[Page 153]]
Protection Agency, Ariel Rios Bldg., 12th St. and Pennsylvania Ave.,
NW., Washington, DC.
[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61
FR 16309, Apr. 12, 1996]
Sec. 262.57 Recordkeeping.
(a) For all exports a primary exporter must:
(1) Keep a copy of each notification of intent to export for a
period of at least three years from the date the hazardous waste was
accepted by the initial transporter;
(2) Keep a copy of each EPA Acknowledgment of Consent for a period
of at least three years from the date the hazardous waste was accepted
by the initial transporter;
(3) Keep a copy of each confirmation of delivery of the hazardous
waste from the consignee for at least three years from the date the
hazardous waste was accepted by the initial transporter; and
(4) Keep a copy of each annual report for a period of at least three
years from the due date of the report.
(b) The periods of retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
Sec. 262.58 International agreements.
(a) Any person who exports or imports hazardous waste subject to
Federal manifest requirements of Part 262, or subject to the universal
waste management standards of 40 CFR Part 273, or subject to State
requirements analogous to 40 CFR Part 273, to or from designated member
countries of the Organization for Economic Cooperation and Development
(OECD) as defined in paragraph (a)(1) of this section for purposes of
recovery is subject to Subpart H of this part. The requirements of
Subparts E and F do not apply.
(1) For the purposes of this Subpart, the designated OECD countries
consist of Australia, Austria, Belgium, Denmark, Finland, France,
Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg,
Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland,
Turkey, United Kingdom, and the United States.
(2) For the purposes of this Subpart, Canada and Mexico are
considered OECD member countries only for the purpose of transit.
(b) Any person who exports hazardous waste to or imports hazardous
waste from: a designated OECD member country for purposes other than
recovery (e.g., incineration, disposal), Mexico (for any purpose), or
Canada (for any purpose) remains subject to the requirements of subparts
E and F of this part.
[61 FR 16310, Apr. 12, 1996]
Subpart F--Imports of Hazardous Waste
Sec. 262.60 Imports of hazardous waste.
(a) Any person who imports hazardous waste from a foreign country
into the United States must comply with the requirements of this part
and the special requirements of this subpart.
(b) When importing hazardous waste, a person must meet all the
requirements of Sec. 262.20(a) for the manifest except that:
(1) In place of the generator's name, address and EPA identification
number, the name and address of the foreign generator and the importer's
name, address and EPA identification number must be used.
(2) In place of the generator's signature on the certification
statement, the U.S. importer or his agent must sign and date the
certification and obtain the signature of the initial transporter.
(c) A person who imports hazardous waste must obtain the manifest
form from the consignment State if the State supplies the manifest and
requires its use. If the consignment State does not supply the manifest
form, then the manifest form may be obtained from any source.
[51 FR 28685, Aug. 8, 1986]
Subpart G--Farmers
Sec. 262.70 Farmers.
A farmer disposing of waste pesticides from his own use which are
hazardous wastes is not required to comply with the standards in this
part or
[[Page 154]]
other standards in 40 CFR parts 264, 265, 268, or 270 for those wastes
provided he triple rinses each emptied pesticide container in accordance
with Sec. 261.7(b)(3) and disposes of the pesticide residues on his own
farm in a manner consisent with the disposal instructions on the
pesticide label.
[53 FR 27165, July 19, 1988]
Subpart H--Transfrontier Shipments of Hazardous Waste for Recovery
within the OECD
Source: 61 FR 16310, Apr. 12, 1996, unless otherwise noted.
Sec. 262.80 Applicability.
(a) The requirements of this subpart apply to imports and exports of
wastes that are considered hazardous under U.S. national procedures and
are destined for recovery operations in the countries listed in
Sec. 262.58(a)(1). A waste is considered hazardous under U.S. national
procedures if it meets the Federal definition of hazardous waste in 40
CFR 261.3 and it is subject to either the Federal manifesting
requirements at 40 CFR Part 262, Subpart B, to the universal waste
management standards of 40 CFR Part 273, or to State requirements
analogous to 40 CFR Part 273.
(b) Any person (notifier, consignee, or recovery facility operator)
who mixes two or more wastes (including hazardous and non-hazardous
wastes) or otherwise subjects two or more wastes (including hazardous
and non-hazardous wastes) to physical or chemical transformation
operations, and thereby creates a new hazardous waste, becomes a
generator and assumes all subsequent generator duties under RCRA and any
notifier duties, if applicable, under this subpart.
Sec. 262.81 Definitions.
The following definitions apply to this subpart.
(a) Competent authorities means the regulatory authorities of
concerned countries having jurisdiction over transfrontier movements of
wastes destined for recovery operations.
(b) Concerned countries means the exporting and importing OECD
member countries and any OECD member countries of transit.
(c) Consignee means the person to whom possession or other form of
legal control of the waste is assigned at the time the waste is received
in the importing country.
(d) Country of transit means any designated OECD country in
Sec. 262.58(a)(1) and (a)(2) other than the exporting or importing
country across which a transfrontier movement of wastes is planned or
takes place.
(e) Exporting country means any designated OECD member country in
Sec. 262.58(a)(1) from which a transfrontier movement of wastes is
planned or has commenced.
(f) Importing country means any designated OECD country in
Sec. 262.58(a)(1) to which a transfrontier movement of wastes is planned
or takes place for the purpose of submitting the wastes to recovery
operations therein.
(g) Notifier means the person under the jurisdiction of the
exporting country who has, or will have at the time the planned
transfrontier movement commences, possession or other forms of legal
control of the wastes and who proposes their transfrontier movement for
the ultimate purpose of submitting them to recovery operations. When the
United States (U.S.) is the exporting country, notifier is interpreted
to mean a person domiciled in the U.S.
(h) OECD area means all land or marine areas under the national
jurisdiction of any designated OECD member country in Sec. 262.58. When
the regulations refer to shipments to or from an OECD country, this
means OECD area.
(i) Recognized trader means a person who, with appropriate
authorization of concerned countries, acts in the role of principal to
purchase and subsequently sell wastes; this person has legal control of
such wastes from time of purchase to time of sale; such a person may act
to arrange and facilitate transfrontier movements of wastes destined for
recovery operations.
(j) Recovery facility means an entity which, under applicable
domestic law, is operating or is authorized to operate in the importing
country to receive wastes and to perform recovery operations on them.
[[Page 155]]
(k) Recovery operations means activities leading to resource
recovery, recycling, reclamation, direct re-use or alternative uses as
listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final)
of 27 May 1988, (available from the Environmental Protection Agency,
RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first
floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and the
Organisation for Economic Co-operation and Development, Environment
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France) which
include:
R1 Use as a fuel (other than in direct incineration) or other means to
generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic substances which are not used as
solvents
R4 Recycling/reclamation of metals and metal compounds
R5 Recycling/reclamation of other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used oil
R10 Land treatment resulting in benefit to agriculture or ecological
improvement
R11 Uses of residual materials obtained from any of the operations
numbered R1-R10
R12 Exchange of wastes for submission to any of the operations numbered
R1-R11
6R13 Accumulation of material intended for any operation in Table 2.B
(l) Transfrontier movement means any shipment of wastes destined for
recovery operations from an area under the national jurisdiction of one
OECD member country to an area under the national jurisdiction of
another OECD member country.
Sec. 262.82 General conditions.
(a) Scope. The level of control for exports and imports of waste is
indicated by assignment of the waste to a green, amber, or red list and
by U.S. national procedures as defined in Sec. 262.80(a). The green,
amber, and red lists are incorporated by reference in Sec. 262.89 (e).
(1) Wastes on the green list are subject to existing controls
normally applied to commercial transactions, except as provided below:
(i) Green-list wastes that are considered hazardous under U.S.
national procedures are subject to amber-list controls.
(ii) Green-list waste that are sufficiently contaminated or mixed
with amber-list wastes, such that the waste or waste mixture is
considered hazardous under U.S. national procedures, are subject to
amber-list controls.
(iii) Green-list wastes that are sufficiently contaminated or mixed
with other wastes subject to red-list controls such that the waste or
waste mixture is considered hazardous under U.S. national procedures
must be handled in accordance with the red-list controls.
(2) Wastes on the amber list that are considered hazardous under
U.S. national procedures as defined in Sec. 262.80(a) are subject to the
amber-list controls of this Subpart.
(i) If amber-list wastes are sufficiently contaminated or mixed with
other wastes subject to red-list controls such that the waste or waste
mixture is considered hazardous under U.S. national procedures, the
wastes must be handled in accordance with the red-list controls.
(ii) [Reserved].
(3) Wastes on the red list that are considered hazardous under U.S.
national procedures as defined in Sec. 262.80(a) are subject to the red-
list controls of this subpart.
Note to paragraph (a)(3):
Some wastes on the amber or red lists are not listed or otherwise
identified as hazardous under RCRA (e.g., polychlorinated biphenyls) and
therefore are not subject to the amber- or red-list controls of this
subpart. Regardless of the status of the waste under RCRA, however,
other Federal environmental statutes (e.g., the Toxic Substances Control
Act) may restrict certain waste imports or exports. Such restrictions
continue to apply without regard to this Subpart.
(4) Wastes not yet assigned to a list are eligible for transfrontier
movements, as follows:
(i) If such wastes are considered hazardous under U.S. national
procedures
[[Page 156]]
as defined in Sec. 262.80(a), these wastes are subject to the red-list
controls; or
(ii) If such wastes are not considered hazardous under U.S. national
procedures as defined in Sec. 262.80(a), such wastes may move as though
they appeared on the green list.
(b) General conditions applicable to transfrontier movements of
hazardous waste.
(1) The waste must be destined for recovery operations at a facility
that, under applicable domestic law, is operating or is authorized to
operate in the importing country;
(2) The transfrontier movement must be in compliance with applicable
international transport agreements; and
Note to paragraph (b)(2): These international agreements include,
but are not limited to, the Chicago Convention (1944), ADR (1957), ADNR
(1970), MARPOL Convention (1973/1978), SOLAS Convention (1974), IMDG
Code (1985), COTIF (1985), and RID (1985).
(3) Any transit of waste through a non-OECD member country must be
conducted in compliance with all applicable international and national
laws and regulations.
(c) Provisions relating to re-export for recovery to a third
country.
(1) Re-export of wastes subject to the amber-list control system
from the U.S., as the importing country, to a third country listed in
Sec. 262.58(a)(1) may occur only after a notifier in the U.S. provides
notification to and obtains consent of the competent authorities in the
third country, the original exporting country, and new transit
countries. The notification must comply with the notice and consent
procedures in Sec. 262.83 for all concerned countries and the original
exporting country. The competent authorities of the original exporting
country as well as the competent authorities of all other concerned
countries have 30 days to object to the proposed movement.
(i) The 30-day period begins once the competent authorities of both
the initial exporting country and new importing country issue
Acknowledgements of Receipt of the notification.
(ii) The transfrontier movement may commence if no objection has
been lodged after the 30-day period has passed or immediately after
written consent is received from all relevant OECD importing and transit
countries.
(2) Re-export of waste subject to the red-list control system from
the original importing country to a third country listed in
Sec. 262.58(a)(1) may occur only following notification of the competent
authorities of the third country, the original exporting country, and
new transit countries by a notifier in the original importing country in
accordance with Sec. 262.83. The transfrontier movement may not proceed
until receipt by the original importing country of written consent from
the competent authorities of the third country, the original exporting
country, and new transit countries.
(3) In the case of re-export of amber or red-list wastes to a
country other than those in Sec. 262.58(a)(1), notification to and
consent of the competent authorities of the original OECD member country
of export and any OECD member countries of transit is required as
specified in paragraphs (c)(1) and (c)(2) of this section in addition to
compliance with all international agreements and arrangements to which
the first importing OECD member country is a party and all applicable
regulatory requirements for exports from the first importing country.
Sec. 262.83 Notification and consent.
(a) Applicability. Consent must be obtained from the competent
authorities of the relevant OECD importing and transit countries prior
to exporting hazardous waste destined for recovery operations subject to
this Subpart. Hazardous wastes subject to amber-list controls are
subject to the requirements of paragraph (b) of this section; hazardous
wastes subject to red-list controls are subject to the requirements of
paragraph (c) of this section; and wastes not identified on any list are
subject to the requirements of paragraph (d) of this section.
(b) Amber-list wastes. The export from the U.S. of hazardous wastes
as described in Sec. 262.80(a) that appear on the amber list is
prohibited unless the notification and consent requirements of paragraph
(b)(1) or paragraph (b)(2) of this section are met.
(1) Transactions requiring specific consent:
[[Page 157]]
(i) Notification. At least 45 days prior to commencement of the
transfrontier movement, the notifier must provide written notification
in English of the proposed transfrontier movement to the Office of
Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting and Data Division (2222A), Environmental Protection
Agency, 401 M St., SW., Washington, DC 20460, with the words
``Attention: OECD Export Notification'' prominently displayed on the
envelope. This notification must include all of the information
identified in paragraph (e) of this section. In cases where wastes
having similar physical and chemical characteristics, the same United
Nations classification, and the same RCRA waste codes are to be sent
periodically to the same recovery facility by the same notifier, the
notifier may submit one notification of intent to export these wastes in
multiple shipments during a period of up to one year.
(ii) Tacit consent. If no objection has been lodged by any concerned
country (i.e., exporting, importing, or transit countries) to a
notification provided pursuant to paragraph (b)(1)(i) of this section
within 30 days after the date of issuance of the Acknowledgment of
Receipt of notification by the competent authority of the importing
country, the transfrontier movement may commence. Tacit consent expires
one calendar year after the close of the 30 day period; renotification
and renewal of all consents is required for exports after that date.
(iii) Written consent. If the competent authorities of all the
relevant OECD importing and transit countries provide written consent in
a period less than 30 days, the transfrontier movement may commence
immediately after all necessary consents are received. Written consent
expires for each relevant OECD importing and transit country one
calendar year after the date of that country's consent unless otherwise
specified; renotification and renewal of each expired consent is
required for exports after that date.
(2) Shipments to facilities pre-approved by the competent
authorities of the importing countries to accept specific wastes for
recovery:
(i) The notifier must provide EPA the information identified in
paragraph (e) of this section in English, at least 10 days in advance of
commencing shipment to a pre-approved facility. The notification should
indicate that the recovery facility is pre-approved, and may apply to a
single specific shipment or to multiple shipments as described in
paragraph (b)(1)(i) of this section. This information must be sent to
the Office of Enforcement and Compliance Assurance, Office of
Compliance, Enforcement Planning, Targeting and Data Division (2222A),
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460,
with the words ``OECD Export Notification--Pre-approved Facility''
prominently displayed on the envelope.
(ii) Shipments may commence after the notification required in
paragraph (b)(1)(i) of this section has been received by the competent
authorities of all concerned countries, unless the notifier has received
information indicating that the competent authorities of one or more
concerned countries objects to the shipment.
(c) Red-list wastes. The export from the U.S. of hazardous wastes as
described in Sec. 262.80(a) that appear on the red list is prohibited
unless notice is given pursuant to paragraph (b)(1)(i) of this section
and the notifier receives written consent from the importing country and
any transit countries prior to commencement of the transfrontier
movement.
(d) Unlisted wastes. Wastes not assigned to the green, amber, or red
list that are considered hazardous under U.S. national procedures as
defined in Sec. 262.80(a) are subject to the notification and consent
requirements established for red-list wastes in accordance with
paragraph (c) of this section. Unlisted wastes that are not considered
hazardous under U.S. national procedures as defined in Sec. 262.80(a)
are not subject to amber or red controls when exported or imported.
(e) Notification information. Notifications submitted under this
section must include:
(1) Serial number or other accepted identifier of the notification
form;
[[Page 158]]
(2) Notifier name and EPA identification number (if applicable),
address, and telephone and telefax numbers;
(3) Importing recovery facility name, address, telephone and telefax
numbers, and technologies employed;
(4) Consignee name (if not the owner or operator of the recovery
facility) address, and telephone and telefax numbers; whether the
consignee will engage in waste exchange or storage prior to delivering
the waste to the final recovery facility and identification of recovery
operations to be employed at the final recovery facility;
(5) Intended transporters and/or their agents;
(6) Country of export and relevant competent authority, and point of
departure;
(7) Countries of transit and relevant competent authorities and
points of entry and departure;
(8) Country of import and relevant competent authority, and point of
entry;
(9) Statement of whether the notification is a single notification
or a general notification. If general, include period of validity
requested;
(10) Date foreseen for commencement of transfrontier movement;
(11) Designation of waste type(s) from the appropriate list (amber
or red and waste list code), descriptions of each waste type, estimated
total quantity of each, RCRA waste code, and United Nations number for
each waste type; and
(12) Certification/Declaration signed by the notifier that states:
I certify that the above information is complete and correct to the
best of my knowledge. I also certify that legally-enforceable written
contractual obligations have been entered into, and that any applicable
insurance or other financial guarantees are or shall be in force
covering the transfrontier movement.
Name:___________________________________________________________________
Signature:______________________________________________________________
Date:___________________________________________________________________
Note to paragraph (e)(12): The U.S. does not currently require
financial assurance; however, U.S. exporters may be asked by other
governments to provide and certify to such assurance as a condition of
obtaining consent to a proposed movement.
Sec. 262.84 Tracking document.
(a) All U.S. parties subject to the contract provisions of
Sec. 262.85 must ensure that a tracking document meeting the conditions
of Sec. 262.84(b) accompanies each transfrontier shipment of wastes
subject to amber-list or red-list controls from the initiation of the
shipment until it reaches the final recovery facility, including cases
in which the waste is stored and/or exchanged by the consignee prior to
shipment to the final recovery facility, except as provided in
Secs. 262.84(a)(1) and (2).
(1) For shipments of hazardous waste within the U.S. solely by water
(bulk shipments only) the generator must forward the tracking document
with the manifest to the last water (bulk shipment) transporter to
handle the waste in the U.S. if exported by water, (in accordance with
the manifest routing procedures at Sec. 262.23(c)).
(2) For rail shipments of hazardous waste within the U.S. which
originate at the site of generation, the generator must forward the
tracking document with the manifest (in accordance with the routing
procedures for the manifest in Sec. 262.23(d)) to the next non-rail
transporter, if any, or the last rail transporter to handle the waste in
the U.S. if exported by rail.
(b) The tracking document must include all information required
under Sec. 262.83 (for notification), and the following:
(1) Date shipment commenced.
(2) Name (if not notifier), address, and telephone and telefax
numbers of primary exporter.
(3) Company name and EPA ID number of all transporters.
(4) Identification (license, registered name or registration number)
of means of transport, including types of packaging.
(5) Any special precautions to be taken by transporters.
(6) Certification/declaration signed by notifier that no objection
to the shipment has been lodged as follows:
I certify that the above information is complete and correct to the
best of my knowledge. I also certify that legally-enforceable written
contractual obligations have been entered into, that any applicable
insurance or other financial guarantees are or shall be in force
covering the transfrontier movement, and that:
1. All necessary consents have been received; OR
[[Page 159]]
2. The shipment is directed at a recovery facility within the OECD
area and no objection has been received from any of the concerned
countries within the 30 day tacit consent period; OR
3. The shipment is directed at a recovery facility pre-authorized
for that type of waste within the OECD area; such an authorization has
not been revoked, and no objection has been received from any of the
concerned countries.
(delete sentences that are not applicable)
Name:___________________________________________________________________
Signature:______________________________________________________________
Date:___________________________________________________________________
(7) Appropriate signatures for each custody transfer (e.g.
transporter, consignee, and owner or operator of the recovery facility).
(c) Notifiers also must comply with the special manifest
requirements of 40 CFR 262.54(a), (b), (c), (e), and (i) and consignees
must comply with the import requirements of 40 CFR part 262, subpart F.
(d) Each U.S. person that has physical custody of the waste from the
time the movement commences until it arrives at the recovery facility
must sign the tracking document (e.g. transporter, consignee, and owner
or operator of the recovery facility).
(e) Within 3 working days of the receipt of imports subject to this
Subpart, the owner or operator of the U.S. recovery facility must send
signed copies of the tracking document to the notifier, to the Office of
Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting and Data Division (2222A), Environmental Protection
Agency, 401 M St., SW., Washington, DC 20460, and to the competent
authorities of the exporting and transit countries.
Sec. 262.85 Contracts.
(a) Transfrontier movements of hazardous wastes subject to amber or
red control procedures are prohibited unless they occur under the terms
of a valid written contract, chain of contracts, or equivalent
arrangements (when the movement occurs between parties controlled by the
same corporate or legal entity). Such contracts or equivalent
arrangements must be executed by the notifier and the owner or operator
of the recovery facility, and must specify responsibilities for each.
Contracts or equivalent arrangements are valid for the purposes of this
section only if persons assuming obligations under the contracts or
equivalent arrangements have appropriate legal status to conduct the
operations specified in the contract or equivalent arrangement.
(b) Contracts or equivalent arrangements must specify the name and
EPA ID number, where available, of:
(1) The generator of each type of waste;
(2) Each person who will have physical custody of the wastes;
(3) Each person who will have legal control of the wastes; and
(4) The recovery facility.
(c) Contracts or equivalent arrangements must specify which party to
the contract will assume responsibility for alternate management of the
wastes if its disposition cannot be carried out as described in the
notification of intent to export. In such cases, contracts must specify
that:
(1) The person having actual possession or physical control over the
wastes will immediately inform the notifier and the competent
authorities of the exporting and importing countries and, if the wastes
are located in a country of transit, the competent authorities of that
country; and
(2) The person specified in the contract will assume responsibility
for the adequate management of the wastes in compliance with applicable
laws and regulations including, if necessary, arranging their return to
the original country of export.
(d) Contracts must specify that the consignee will provide the
notification required in Sec. 262.82(c) prior to re-export of controlled
wastes to a third country.
(e) Contracts or equivalent arrangements must include provisions for
financial guarantees, if required by the competent authorities of any
concerned country, in accordance with applicable national or
international law requirements.
Note to paragraph (e): Financial guarantees so required are intended
to provide for alternate recycling, disposal or other means of sound
management of the wastes in cases where arrangements for the shipment
and the recovery operations cannot be carried
[[Page 160]]
out as foreseen. The U.S. does not require such financial guarantees at
this time; however, some OECD countries do. It is the responsibility of
the notifier to ascertain and comply with such requirements; in some
cases, transporters or consignees may refuse to enter into the necessary
contracts absent specific references or certifications to financial
guarantees.
(f) Contracts or equivalent arrangements must contain provisions
requiring each contracting party to comply with all applicable
requirements of this subpart.
(g) Upon request by EPA, U.S. notifiers, consignees, or recovery
facilities must submit to EPA copies of contracts, chain of contracts,
or equivalent arrangements (when the movement occurs between parties
controlled by the same corporate or legal entity). Information contained
in the contracts or equivalent arrangements for which a claim of
confidentiality is asserted accordance with 40 CFR 2.203(b) will be
treated as confidential and will be disclosed by EPA only as provided in
40 CFR 260.2.
Note to paragraph (g): Although the U.S. does not require routine
submission of contracts at this time, OECD Council Decision C(92)39/
FINAL allows members to impose such requirements. When other OECD
countries require submission of partial or complete copies of the
contract as a condition to granting consent to proposed movements, EPA
will request the required information; absent submission of such
information, some OECD countries may deny consent for the proposed
movement.
Sec. 262.86 Provisions relating to recognized traders.
(a) A recognized trader who takes physical custody of a waste and
conducts recovery operations (including storage prior to recovery) is
acting as the owner or operator of a recovery facility and must be so
authorized in accordance with all applicable Federal laws.
(b) A recognized trader acting as a notifier or consignee for
transfrontier shipments of waste must comply with all the requirements
of this Subpart associated with being a notifier or consignee.
Sec. 262.87 Reporting and recordkeeping.
(a) Annual reports. For all waste movements subject to this Subpart,
persons (e.g., notifiers, recognized traders) who meet the definition of
primary exporter in Sec. 262.51 shall file an annual report with the
Office of Enforcement and Compliance Assurance, Office of Compliance,
Enforcement Planning, Targeting and Data Division (2222A), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460, no later than
March 1 of each year summarizing the types, quantities, frequency, and
ultimate destination of all such hazardous waste exported during the
previous calendar year. (If the primary exporter is required to file an
annual report for waste exports that are not covered under this Subpart,
he may include all export information in one report provided the
following information on exports of waste destined for recovery within
the designated OECD member countries is contained in a separate
section). Such reports shall include the following:
(1) The EPA identification number, name, and mailing and site
address of the notifier filing the report;
(2) The calendar year covered by the report;
(3) The name and site address of each final recovery facility;
(4) By final recovery facility, for each hazardous waste exported, a
description of the hazardous waste, the EPA hazardous waste number (from
40 CFR part 261, subpart C or D), designation of waste type(s) from OECD
waste list and applicable waste code from the OECD lists, DOT hazard
class, the name and U.S. EPA identification number (where applicable)
for each transporter used, the total amount of hazardous waste shipped
pursuant to this Subpart, and number of shipments pursuant to each
notification;
(5) In even numbered years, for each hazardous waste exported,
except for hazardous waste produced by exporters of greater than 100kg
but less than 1000kg in a calendar month, and except for hazardous waste
for which information was already provided pursuant to Sec. 262.41:
[[Page 161]]
(i) A description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of the
waste actually achieved during the year in comparison to previous years
to the extent such information is available for years prior to 1984; and
(6) A certification signed by the person acting as primary exporter
that states:
I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this and all attached
documents, and that based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the submitted
information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information including the
possibility of fine and imprisonment.
(b) Exception reports. Any person who meets the definition of
primary exporter in Sec. 262.51 must file an exception report in lieu of
the requirements of Sec. 262.42 with the Administrator if any of the
following occurs:
(1) He has not received a copy of the tracking documentation signed
by the transporter stating point of departure of the waste from the
United States, within forty-five (45) days from the date it was accepted
by the initial transporter;
(2) Within ninety (90) days from the date the waste was accepted by
the initial transporter, the notifier has not received written
confirmation from the recovery facility that the hazardous waste was
received;
(3) The waste is returned to the United States.
(c) Recordkeeping. (1) Persons who meet the definition of primary
exporter in Sec. 262.51 shall keep the following records: Sec. 262.89
(i) A copy of each notification of intent to export and all written
consents obtained from the competent authorities of concerned countries
for a period of at least three years from the date the hazardous waste
was accepted by the initial transporter;
(ii) A copy of each annual report for a period of at least three
years from the due date of the report; and
(iii) A copy of any exception reports and a copy of each
confirmation of delivery (i.e., tracking documentation) sent by the
recovery facility to the notifier for at least three years from the date
the hazardous waste was accepted by the initial transporter or received
by the recovery facility, whichever is applicable.
(2) The periods of retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
Sec. 262.88 Pre-approval for U.S. Recovery Facilities (Reserved).
Sec. 262.89 OECD Waste Lists.
(a) General. For the purposes of this Subpart, a waste is considered
hazardous under U.S. national procedures, and hence subject to this
Subpart, if the waste:
(1) Meets the Federal definition of hazardous waste in 40 CFR 261.3;
and
(2) Is subject to either the Federal RCRA manifesting requirements
at 40 CFR part 262, subpart B, to the universal waste management
standards of 40 CFR part 273, or to State requirements analogous to 40
CFR part 273.
(b) If a waste is hazardous under paragraph (a) of this section and
it appears on the amber or red list, it is subject to amber- or red-list
requirements respectively;
(c) If a waste is hazardous under paragraph (a) of this section and
it does not appear on either amber or red lists, it is subject to red-
list requirements.
(d) The appropriate control procedures for hazardous wastes and
hazardous waste mixtures are addressed in Sec. 262.82.
(e) The OECD Green List of Wastes (revised May 1994), Amber List of
Wastes and Red List of Wastes (both revised May 1993) as set forth in
Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council
Decision C(92)39/FINAL (Concerning the Control of Transfrontier
Movements of
[[Page 162]]
Wastes Destined for Recovery Operations) are incorporated by reference.
These incorporations by reference were approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on
July 11, 1996. These materials are incorporated as they exist on the
date of the approval and a notice of any change in these materials will
be published in the Federal Register. The materials are available for
inspection at: the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC; the U.S. Environmental
Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis
Highway, first floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and
may be obtained from the Organisation for Economic Co-operation and
Development, Environment Direcorate, 2 rue Andre Pascal, 75775 Paris
Cedex 16, France.
Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions
(EPA Forms 8700-22 and 8700-22A and Their Instructions)
U.S. EPA Form 8700-22
Read all instructions before completing this form.
This form has been designed for use on a 12-pitch (elite)
typerwriter; a firm point pen may also be used--press down hard.
Federal regulations require generators and transporters of hazardous
waste and owners or operators of hazardous waste treatment, storage, and
disposal facilities to use this form (8700-22) and, if necessary, the
continuation sheet (Form 8700-22A) for both inter and intrastate
transportation.
Federal regulations also require generators and transporters of
hazardous waste and owners or operators of hazardous waste treatment,
storage and disposal facilities to complete the following information:
[[Page 163]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.004
The following statement must be included with each Uniform Hazardous
Waste Manifest, either on the form, in the instructions to the form, or
accompanying the form:
Public reporting burden for this collection of information is
estimated to average: 37 minutes for generators, 15 minutes for
transporters, and 10 minutes for treatment, storage and disposal
facilities. This includes time for reviewing instructions, gathering
data, and completing and reviewing the form. Send comments regarding the
burden estimate, including suggestions for reducing this burden, to:
Chief, Information Policy Branch, PM-223, U.S. Environmental Protection
Agency, 401 M Street SW., Washington, DC 20460; and to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503.
[[Page 164]]
GENERATORS
Item 1. Generator's U.S. EPA ID Number--Manifest Document Number
Enter the generator's U.S. EPA twelve digit identification number
and the unique five digit number assigned to this Manifest (e.g., 00001)
by the generator.
Item 2. Page 1 of ----
Enter the total number of pages used to complete this Manifest,
i.e., the first page (EPA Form 8700-22) plus the number of Continuation
Sheets (EPA Form 8700-22A), if any.
Item 3. Generator's Name and Mailing Address
Enter the name and mailing address of the generator. The address
should be the location that will manage the returned Manifest forms.
Item 4. Generator's Phone Number
Enter a telephone number where an authorized agent of the generator
may be reached in the event of an emergency.
Item 5. Transporter 1 Company Name
Enter the company name of the first transporter who will transport
the waste.
Item 6. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the first
transporter identified in item 5.
Item 7. Transporter 2 Company Name
If applicable, enter the company name of the second transporter who
will transport the waste. If more than two transporters are used to
transport the waste, use a Continuation Sheet(s) (EPA Form 8700-22A) and
list the transporters in the order they will be transporting the waste.
Item 8. U.S. EPA ID Number
If applicable, enter the U.S. EPA twelve digit identification number
of the second transporter identified in item 7.
Note: If more than two transporters are used, enter each additional
transporter's company name and U.S. EPA twelve digit identification
number in items 24-27 on the Continuation Sheet (EPA Form 8700-22A).
Each Continuation Sheet has space to record two additional transporters.
Every transporter used between the generator and the designated facility
must be listed.
Item 9. Designated Facility Name and Site Address
Enter the company name and site address of the facility designated
to receive the waste listed on this Manifest. The address must be the
site address, which may differ from the company mailing address.
Item 10. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the
designated facility identified in item 9.
Item 11. U.S. DOT Description [Including Proper Shipping Name, Hazard
Class, and ID Number (UN/NA)]
Enter the U.S. DOT Proper Shipping Name, Hazard Class, and ID Number
(UN/NA) for each waste as identified in 49 CFR 171 through 177.
Note: If additional space is needed for waste descriptions, enter
these additional descriptions in item 28 on the Continuation Sheet (EPA
Form 8700-22A).
Item 12. Containers (No. and Type)
Enter the number of containers for each waste and the appropriate
abbreviation from Table I (below) for the type of container.
Table I--Types of Containers
DM=Metal drums, barrels, kegs
DW=Wooden drums, barrels, kegs
DF=Fiberboard or plastic drums, barrels, kegs
TP=Tanks portable
TT=Cargo tanks (tank trucks)
TC=Tank cars
DT=Dump truck
CY=Cylinders
CM=Metal boxes, cartons, cases (including roll-offs)
CW=Wooden boxes, cartons, cases
CF=Fiber or plastic boxes, cartons, cases
BA=Burlap, cloth, paper or plastic bags
Item 13. Total Quantity
Enter the total quantity of waste described on each line.
Item 14. Unit (Wt./Vol.)
Enter the appropriate abbreviation from Table II (below) for the
unit of measure.
Table II--Units of Measure
G=Gallons (liquids only)
P=Pounds
T=Tons (2000 lbs)
Y=Cubic yards
L=Liters (liquids only)
K=Kilograms
M=Metric tons (1000 kg)
N=Cubic meters
Item 15. Special Handling Instructions and Additional Information
Generators may use this space to indicate special transportation,
treatment, storage,
[[Page 165]]
or disposal information or Bill of Lading information. States may not
require additional, new, or different information in this space. For
international shipments, generators must enter in this space the point
of departure (City and State) for those shipments destined for
treatment, storage, or disposal outside the jurisdiction of the United
States.
Item 16. Generator's Certification
The generator must read, sign (by hand), and date the certification
statement. If a mode other than highway is used, the word ``highway''
should be lined out and the appropriate mode (rail, water, or air)
inserted in the space below. If another mode in addition to the highway
mode is used, enter the appropriate additional mode (e.g., and rail) in
the space below.
Primary exporters shipping hazardous wastes to a facility located
outside of the United States must add to the end of the first sentence
of the certification the following words ``and conforms to the terms of
the EPA Acknowledgment of Consent to the shipment.''
In signing the waste minimization certification statement, those
generators who have not been exempted by statute or regulation from the
duty to make a waste minimization certification under section 3002(b) of
RCRA are also certifying that they have complied with the waste
minimization requirements.
Generators may preprint the words, ``On behalf of'' in the signature
block or may hand write this statement in the signature block prior to
signing the generator certifications.
Note: All of the above information except the handwritten signature
required in item 16 may be preprinted.
* * * * *
TRANSPORTERS
Item 17. Transporter 1 Acknowledgement of Receipt of Materials
Enter the name of the person accepting the waste on behalf of the
first transporter. That person must acknowledge acceptance of the waste
described on the Manifest by signing and entering the date of receipt.
Item 18. Transporter 2 Acknowledgement of Receipt of Materials
Enter, if applicable, the name of the person accepting the waste on
behalf of the second transporter. That person must acknowledge
acceptance of the waste described on the Manifest by signing and
entering the date of receipt.
Note: International Shipments--Transporter Responsibilities.
Exports-- Transporters must sign and enter the date the waste left the
United States in item 15 of Form 8700-22.
Imports-- Shipments of hazardous waste regulated by RCRA and transported
into the United States from another country must upon entry be
accompanied by the U.S. EPA Uniform Hazardous Waste Manifest.
Transporters who transport hazardous waste into the United States from
another country are responsible for completing the Manifest (40 CFR
263.10(c)(1)).
Owners and Operators of Treatment, Storage, or Disposal Facilities
Item 19. Discrepancy Indication Space
The authorized representative of the designated (or alternate)
facility's owner or operator must note in this space any significant
discrepancy between the waste described on the Manifest and the waste
actually received at the facility.
Owners and operators of facilities located in unauthorized States
(i.e., the U.S. EPA administers the hazardous waste management program)
who cannot resolve significant discrepancies within 15 days of receiving
the waste must submit to their Regional Administrator (see list below) a
letter with a copy of the Manifest at issue describing the discrepancy
and attempts to reconcile it (40 CFR 264.72 and 265.72).
Owners and operators of facilities located in authorized States
(i.e., those States that have received authorization from the U.S. EPA
to administer the hazardous waste program) should contact their State
agency for information on State Discrepancy Report requirements.
EPA Regional Administrators
Regional Administrator, U.S. EPA Region I, J.F. Kennedy Fed. Bldg.,
Boston, MA 02203
Regional Administrator, U.S. EPA Region II, 26 Federal Plaza, New York,
NY 10278
Regional Administrator, U.S. EPA Region III, 6th and Walnut Sts.,
Philadelphia, PA 19106
Regional Administrator, U.S. EPA Region IV, 345 Courtland St., NE.,
Atlanta, GA 30365
Regional Administrator, U.S. EPA Region V, 77 West Jackson Blvd.,
Chicago, IL 60604
Regional Administrator, U.S. EPA Region VI, 1201 Elm Street, Dallas, TX
75270
Regional Administrator, U.S. EPA Region VII, 324 East 11th Street,
Kansas City, MO 64106
Regional Administrator, U.S. EPA Region VIII, 1860 Lincoln Street,
Denver, CO 80295
Regional Administrator, U.S. EPA Region IX, 215 Freemont Street, San
Francisco, CA 94105
Regional Administrator, U.S. EPA Region X, 1200 Sixth Avenue, Seattle,
WA 98101
[[Page 166]]
Item 20. Facility Owner or Operator: Certification of Receipt of
Hazardous Materials Covered by This Manifest Except as Noted in Item 19
Print or type the name of the person accepting the waste on behalf
of the owner or operator of the facility. That person must acknowledge
acceptance of the waste described on the Manifest by signing and
entering the date of receipt.
Items A-K are not required by Federal regulations for intra- or
interstate transportation. However, States may require generators and
owners or operators of treatment, storage, or disposal facilities to
complete some or all of items A-K as part of State manifest reporting
requirements. Generators and owners and operators of treatment, storage,
or disposal facilities are advised to contact State officials for
guidance on completing the shaded areas of the Manifest.
[[Page 167]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.005
Instructions--Continuation Sheet, U.S. EPA Form 8700-22A
Read all instructions before completing this form.
This form has been designed for use on a 12-pitch (elite)
typewriter; a firm point pen may also be used--press down hard.
This form must be used as a continuation sheet to U.S. EPA Form
8700-22 if:
More than two transporters are to be used to transport the
waste;
More space is required for the U.S. DOT description and related
information in Item 11 of U.S. EPA Form 8700-22.
[[Page 168]]
Federal regulations require generators and transporters of hazardous
waste and owners or operators of hazardous waste treatment, storage, or
disposal facilities to use the uniform hazardous waste manifest (EPA
Form 8700-22) and, if necessary, this continuation sheet (EPA Form 8700-
22A) for both inter- and intrastate transportation.
GENERATORS
Item 21. Generator's U.S. EPA ID Number--Manifest Document Number
Enter the generator's U.S. EPA twelve digit identification number
and the unique five digit number assigned to this Manifest (e.g., 00001)
as it appears in item 1 on the first page of the Manifest.
Item 22. Page ----
Enter the page number of this Continuation Sheet.
Item 23. Generator's Name
Enter the generator's name as it appears in item 3 on the first page
of the Manifest.
Item 24. Transporter ---- Company Name
If additional transporters are used to transport the waste described
on this Manifest, enter the company name of each additional transporter
in the order in which they will transport the waste. Enter after the
word ``Transporter'' the order of the transporter. For example,
Transporter 3 Company Name. Each Continuation Sheet will record the
names of two additional transporters.
Item 25. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the
transporter described in item 24.
Item 26. Transporter ---- Company Name
If additional transporters are used to transport the waste described
on this Manifest, enter the company name of each additional transporter
in the order in which they will transport the waste. Enter after the
word ``Transporter'' the order of the transporter. For example,
Transporter 4 Company Name. Each Continuation Sheet will record the
names of two additional transporters.
Item 27. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the
transporter described in item 26.
Item 28. U.S. DOT Description Including Proper Shipping Name, Hazardous
Class, and ID Number (UN/NA)
Refer to item 11.
Item 29. Containers (No. and Type)
Refer to item 12.
Item 30. Total Quantity
Refer to item 13.
Item 31. Unit (Wt./Vol.)
Refer to item 14.
Item 32. Special Handling Instructions
Generators may use this space to indicate special transportation,
treatment, storage, or disposal information or Bill of Lading
information. States are not authorized to require additional, new, or
different information in this space.
* * * * *
TRANSPORTERS
Item 33. Transporter ---- Acknowledgement of Receipt of Materials
Enter the same number of the Transporter as identified in item 24.
Enter also the name of the person accepting the waste on behalf of the
Transporter (Company Name) identified in item 24. That person must
acknowledge acceptance of the waste described on the Manifest by signing
and entering the date of receipt.
Item 34. Transporter ---- Acknowledgement of Receipt of Materials
Enter the same number as identified in item 26. Enter also the name
of the person accepting the waste on behalf of the Transporter (Company
Name) identified in item 26. That person must acknowledge acceptance of
the waste described on the Manifest by signing and entering the date of
receipt.
* * * * *
OWNERS AND OPERATORS OF TREATMENT, STORAGE, OR DISPOSAL FACILITIES
Item 35. Discrepancy Indication Space
Refer to item 19.
Items L-R are not required by Federal regulations for intra- or
interstate transportation. However, States may require generators and
owners or operators of treatment, storage, or disposal facilities to
complete some or all of items L-R as part of State
[[Page 169]]
manifest reporting requirements. Generators and owners and operators of
treatment, storage, or disposal facilities are advised to contact State
officials for guidance on completing the shaded areas of the manifest.
[49 FR 10501, Mar. 20, 1984, as amended at 51 FR 28685, Aug. 8, 1986; 51
FR 35192, Oct. 1, 1986; 53 FR 45091, Nov. 8, 1988; 62 FR 1834, Jan. 14,
1997]
Subpart I--New York State Public Utilities
Source: 64 FR 37636, July 12, 1999, unless otherwise noted.
Sec. 262.90 Project XL for Public Utilities in New York State.
(a) The following definitions apply to this section:
(1) A Utility is any company that operates wholesale and/or retail
oil and gas pipelines, or any company that provides electric power or
telephone service and is regulated by New York State's Public Service
Commission or the New York Power Authority.
(2) A right-of-way is a fixed, integrated network of aboveground or
underground conveyances, including land structures, fixed equipment, and
other appurtenances, controlled or owned by a Utility, and used for the
purpose of conveying its products or services to customers.
(3) A remote location is a location in New York State within a
Utility's right-of-way network that is not permanently staffed.
(4) A Utility's central collection facility (UCCF) is a Utility-
owned facility within the Utility's right-of-way network to which
hazardous waste, generated by the Utility at remote locations within the
same right-of-way network, is brought.
(b) A UCCF designated pursuant to paragraph (e) of this section may
consolidate hazardous waste (with the exception of mixed waste)
generated by that Utility at its remote locations (and at that UCCF) for
up to 90 days without a permit or without having interim status,
provided that:
(1) The Utility complies with all applicable requirements for
generators in 40 CFR part 262 (except Sec. 262.34 (d) through (f)) for
hazardous waste generated at its remote locations and at the UCCF,
including the manifest and pretransport requirements for all shipments
greater than 100 kilograms sent from a remote location to a UCCF.
(2) The Utility transports the hazardous waste from the remote
location to a UCCF immediately after collection of all hazardous waste
at the remote location is complete or when the staff collecting the
hazardous waste leave the remote location, whichever comes first.
(3) The Utility complies with all applicable requirements for
transporters in 40 CFR part 263 for each shipment of hazardous waste
greater than 100 kilograms which is sent from remote location to the
UCCF, and all applicable Department of Transportation requirements.
(4) (i) The Utility complies with 40 CFR 262.34 (a) through (c),
regardless of the total quantity of hazardous waste generated or
consolidated at the UCCF per calendar month;
(ii) The Utility complies with 40 CFR 264.178; and
(iii) Secondary containment is provided for all liquid hazardous
waste consolidated in containers if:
(A) The UCCF is consolidating 8,800 gallons or more of liquid
hazardous waste, or
(B) The UCCF is consolidating 185 gallons or more of liquid
hazardous waste and is located in an area designated by New York State
that overlays a sole-source aquifer.
(5) The Utility submits a biennial report in accordance with 40 CFR
262.41 including all hazardous waste shipped from remote locations to
the UCCF. This UCCF biennial report may be submitted in lieu of
submitting a biennial report for each remote location. However, for
hazardous waste generated at a particular remote location that exceeds
1000 kg per calendar month and that is not sent to the UCCF, the Utility
must submit a separate biennial report.
(6) Waste generated at a remote location that is not sent to a UCCF
is managed according to the requirements of parts 260 through 270 of
this chapter.
(7) The Utility maintains records at the UCCF in accordance with all
the recordkeeping requirements set forth
[[Page 170]]
in subpart D of 40 CFR part 262, including 40 CFR 262.40, and maintains
records on any PCB test results for hazardous wastes brought to the
facility from remote locations.
(8) The UCCF obtains an EPA identification number.
(9) The UCCF receives hazardous waste only from its remote location.
(10) The Utility reinvests at least one-third of the direct savings
described in paragraph (h) of this section in one or more
environmentally beneficial projects, such as remediation or pollution
prevention, that are over and above existing legal requirements and that
have not been initiated prior to the Utility's receipt of approval to
consolidate hazardous waste pursuant to this section.
(c) Utilities seeking to have UCCFs designated under paragraph (e)
of this section must comply with the following requirements:
(1) Any New York State Utility seeking approval to consolidate
hazardous waste under this section must notify local governments and
communities of the Utility's intent to designate specific UCCFs.
(2) In carrying out paragraph (c)(1) of this section, the Utility
must solicit public comment. In soliciting public comment, the Utility
must use the notice method set forth in paragraph (c)(2)(i) of this
section, as well as at least two of the methods set forth in paragraphs
(c)(2)(ii) through (vii) of this section. Each Utility must also notify
by mail all parties who commented on the proposed rule for this XL
project.
(i) A public notice in a newspaper of general circulation within the
area in which each proposed UCCF is located;
(ii) A radio announcement in each affected community during peak
listening hours;
(iii) Mailings to all citizens within a five-mile radius of proposed
UCCF;
(iv) Well-publicized community meetings;
(v) Presentations to the local community board;
(vi) Placement of copies of this section and the Final Project
Agreement that explains the regulatory relief outlined in this section
in the local library nearest the proposed UCCF, and inclusion of the
name and address of the library in the newspaper notice; and
(vii) Placement of copies of this section and the Final Project
Agreement that explains the regulatory relief outlined in this section
on the Utility's web site, and inclusion of the web site's address in
the newpaper notice.
(3) All outreach efforts made under paragraph (c)(2) of this section
shall be prepared in English (and any other language spoken by a large
number of persons in the community of concern) and at a minimum shall
include the following information:
(i) A brief description of the XL project, the intended new use of
the facility, and a request for comments on the proposed UCCF.
(ii) The name, if any, and address of the proposed UCCF and its
current status under the RCRA Subtitle C program.
(iii) The intended duration of use of the UCCF under the
requirements of this section.
(iv) Names, addresses, and telephone numbers of contact persons,
representing the Utility, to whom questions or comments may be directed.
(v) Notification of when the comment period of no less than 30 days
will close.
(4) Prior to the solicitation of public comment pursuant to
paragraph (c)(2) of this section, the Utility must submit copies of each
notice, announcement or mailing directly to local governments and to
EPA.
(5) At the close of the comment period, the Utility shall prepare a
Responsiveness Package containing a summary of public outreach efforts,
all comments and questions received as a result of its outreach efforts,
and the Utility's written responses to all comments and questions. The
Utility shall provide copies of its Responsiveness Package to any
citizens that participated in the public notice process, local
governments and EPA.
(d) Upon completion of the public notice procedures described in
paragraph (c) of this section, the Utility must provide written notice
to EPA of its intent to participate. The Notice of Intent must contain
the following information:
[[Page 171]]
(1) The name of the Utility, corporate address, and corporate
mailing address, if different.
(2) The name, mailing address, and telephone number of a corporate-
level contact person to whom communications and inquiries may be
directed.This contact person may be changed by written notification to
EPA.
(3) A list of the names, addresses, and EPA identification numbers,
if applicable, of all Utility-owned facilities in New York State that
are proposed UCCFs and the names and telephone numbers of a designated
contact person at each facility.
(4) A summary of public outreach efforts undertaken pursuant to
paragraph (c) of this section.
(5) A commitment that one-third of the direct cost savings outlined
in paragraph (h) of this section due to project participation will be
reinvested in one or more environmentally beneficial projects which are
over and above existing legal requirements and which have not been
initiated prior to the Utility's receipt of approval to consolidate
hazardous waste pursuant to this section.
(6) An acknowledgment that the signatory is personally familiar with
the terms and conditions of this section and has the authority to
obligate and does obligate the Utility to comply with all such terms and
conditions. The Utility shall comply with the signatory requirements set
forth in 40 CFR 270.11(a)(1).
(e) The procedures for designating UCCFs are as follows:
(1) Subject to paragraphs (e)(2) through (5) of this section, the
Utility and specified UCCF shall receive approval to comply with the
requirements set forth in paragraph (b) of this section upon the receipt
of written acknowledgment from EPA that the Notice of Intent described
in paragraph (d) of this section has been received and found to be
complete and in compliance with all the requirements set forth in
paragraph (d) of this section. This acknowledgment will state whether
the UCCF has been designated under this section and any additional
limitations which have been placed on the UCCF.
(2) Based on information provided and comments received during the
public notice and comment period, EPA shall prepare a response to the
comments received. The response to comments shall be attached to the
acknowledgment described in paragraph (e)(1). Both the acknowledgment
and the response to comments shall be sent to all persons who commented
on the designation of the UCCF(s) that are the subject of the
acknowledgment.
(3) Based on information provided and comments received during or
after the public notice and comment period, designated UCCFs may be
rejected for the proposed use, or, if EPA determines that acceptance for
the proposed use under the conditions of paragraph (b) of this section
may not fully protect human health and the environment based on the
Utility's compliance history or other appropriate factors, the
acknowledgment may impose conditions in addition to those in paragraph
(b) of this section.
(4) If EPA determines that a site-specific informational public
meeting is warranted prior to determining the acceptability of a
designated UCCF, the acknowledgment will so state.
(5) Subsequent to any public meeting, EPA may reject or prohibit
UCCFs from participating in this project based on information provided
or comments received during or after the public notice process or based
on a determination that acceptance for the proposed use under the
conditions of paragraph (b) of this section may not fully protect human
health and the environment based on the Utility's compliance history or
other appropriate factors.
(f) At any time, a Utility may add or remove UCCF designations by
complying with the following requirements:
(1) A Utility may notify EPA of its intent to designate additional
UCCFs. Such a notification shall be submitted to, and processed by, EPA,
in the manner indicated in paragraphs (d) and (e) of this section.
(2) To have one or more additional UCCFs designated, the Utility
must comply with paragraph (c) of this section.
[[Page 172]]
(3) A Utility can discontinue use of a facility as a UCCF by
notifying EPA in writing.
(g) Each Utility that receives approval to consolidate hazardous
waste pursuant to this section shall submit an Annual Progress Report
with the following information for the preceding year:
(1) The number of remote locations statewide for which hazardous
waste was handled in accordance with paragraph (b) of this section.
(2) The total tonnage of each type of hazardous waste handled by
each UCCF.
(3) The number of remote locations statewide from which 1,000
kilograms or more of hazardous waste were collected per calendar month.
(4) The number of remote locations statewide from which between 100
and 1,000 kilograms of hazardous waste were collected per calendar
month.
(5) An estimate of the monetary value, on a Utility-wide basis, of
the direct savings realized by participation in this project. Direct
savings at a minimum include those outlined in paragraph (h) of this
section.
(6) Descriptions of the environmental compliance, remediation, or
pollution prevention projects or activities into which the savings,
described in paragraph (h) of this section, have been reinvested, with
an estimate of the savings reinvested in each. Any such projects must
consist of activities that are over and above existing legal
requirements and that have not been initiated prior to the Utility's
receipt of approval to consolidate hazardous waste pursuant to this
section.
(7) The addresses and EPA identification numbers for all facilities
that served as UCCFs for hazardous waste from remote locations.
(h) Utilities that receive approval to consolidate hazardous waste
pursuant to this section must assess the direct savings realized as a
result. Cost estimates shall include direct savings based on relief from
any regulatory requirements, which the facility expects to be relieved
from due to compliance with the provisions of this section including,
but not limited to, the following:
(1) Database management for each remote location as an individual
generator;
(2) Biennial Report preparation costs; and/or
(3) Cost savings realized from consolidation of waste for economical
shipment (including no longer shipping waste directly to a TSD from
remote locations).
(i) If any UCCF or Utility that receives approval under this section
fails to comply with any of the requirements of this section, EPA may
terminate or suspend the UCCF's or Utility's participation. EPA will
provide a UCCF or Utility with 15 days written notice of its intent to
terminate or suspend participation. During this period, the UCCF will
have the opportunity to come back into compliance or provide a written
explanation as to why it was not in compliance with the terms of this
section and how it will come back into compliance. If EPA then issues a
written notice terminating or suspending participation, the Utility must
take immediate action to come into compliance with all otherwise
applicable federal requirements. EPA may also take enforcement action
against a Utility for non-compliance with the provisions of this
section.
(j) This section will expire on January 10, 2005.
Subpart J--University Laboratories XL Project--Laboratory Environmental
Management Standard
Source: 64 FR 53292, Sept. 28, 1999, unless otherwise noted.
Sec. 262.100 To what organizations does this subpart apply?
This subpart applies to an organization that meets all three of the
following conditions:
(a) It is one of the three following academic institutions: The
University of Massachusetts Boston in Boston, Massachusetts, Boston
College in Chestnut Hill, Massachusetts, or the University of Vermont in
Burlington, Vermont (``Universities''); and
(b) It is a laboratory at one of the Universities (identified
pursuant to Sec. 262.105(c)(2)(ii)) where laboratory scale
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activities, as defined in Sec. 262.102, result in laboratory waste; and
(c) It complies with all the requirements of this subpart.
Sec. 262.101 What is in this subpart?
This subpart provides a framework for a new management system for
wastes that are generated in University laboratories. This framework is
called the Laboratory Environmental Management Standard. The standard
includes some specific definitions that apply to the University
laboratories. It contains specific requirements for how to handle
laboratory waste that are called Minimum Performance Criteria. The
standard identifies the requirements for developing and implementing an
environmental management plan. It outlines the responsibilities of the
management staff of each participating university. Finally, the standard
identifies requirements for training people who will work in the
laboratories or manage laboratory waste. This Subpart contains
requirements for RCRA solid and hazardous waste determination, and
circumstances for termination and expiration of this pilot.
Sec. 262.102 What special definitions are included in this subpart?
For purposes of this subpart, the following definitions apply:
Acutely Hazardous Laboratory Waste means a laboratory waste, defined
in the Environmental Management Plan as posing significant potential
hazards to human health or the environment and which must include RCRA
``P'' wastes, and may include particularly hazardous substances as
designated in a University's Chemical Hygiene Plan under OSHA, or
Extremely Hazardous Substances under the Emergency Planning and
Community Right to Know Act.
Emergency means any occurrence such as, but not limited to,
equipment failure, rupture of containers or failure of control equipment
which results in the potential uncontrolled release of a hazardous
chemical into the environment and which requires agency or fire
department notification and/or reporting.
Environmental Management Plan (EMP) means a written program
developed and implemented by the university which sets forth standards
and procedures, responsibilities, pollution control equipment,
performance criteria, resources and work practices that both protect
human health and the environment from the hazards presented by
laboratory wastes within a laboratory and between a laboratory and the
hazardous waste accumulation area, and satisfies the plan requirements
defined elsewhere in this Subpart. Certain requirements of this plan are
satisfied through the use of the Chemical Hygiene Plan (see, 29 CFR
1910.1450), or equivalent, and other relevant plans, including a waste
minimization plan. The elements of the Environmental Management Plan
must be easily accessible, but may be integrated into existing plans,
incorporated as an attachment, or developed as a separate document.
Environmental Objective means an overall environmental goal of the
organization which is verifiable.
Environmental Performance means results of the data collected
pursuant to implementation of the Environmental Management Plan as
measured against policy, objectives and targets.
Environmental Target means an environmental performance requirement
of the organization which is quantifiable, where practicable, verifiable
and designed to be achieved within a specified time frame.
Hazardous Chemical means any chemical which is a physical hazard or
a health hazard. A physical hazard means a chemical for which there is
scientifically valid evidence that it is a combustible liquid, a
compressed gas, explosive, flammable, an organic peroxide, an oxidizer,
pyrophoric, unstable (reactive) or water-reactive. A health hazard means
a chemical for which there is statistically significant evidence based
on at least one study conducted in accordance with established
scientific principles that acute or chronic health effects may occur in
exposed employees. The term ``health hazard'' includes chemicals which
are carcinogens, toxic or highly toxic agents, reproductive toxins,
irritants, corrosives, sensitizers, hepatotoxins,
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nephrotoxins, neurotoxins, agents which act on the hematopoietic system
and agents which damage the lungs, skin, eyes or mucous membranes.
Hazardous Chemical of Concern means a chemical that the organization
has identified as having the potential to be of significant risk to
human health or the environment if not managed in accordance with
procedures or practices defined by the organization.
Hazardous Waste Accumulation Area means the on-site area at a
University where the University will make a solid and hazardous waste
determination with respect to laboratory wastes.
In-Line Waste Collection means a system for the automatic collection
of laboratory waste which is directly connected to or part of a
laboratory scale activity and which is constructed or operated in a
manner which prevents the release of any laboratory waste therein into
the environment during collection.
Laboratory means, for the purpose of this Subpart, an area within a
facility where the laboratory use of hazardous chemicals occurs. It is a
workplace where relatively small quantities of hazardous chemicals are
used on a non-production basis. The physical extent of individual
laboratories within an organization will be defined by the Environmental
Management Plan. A laboratory may include more than a single room if the
rooms are in the same building and under the common supervision of a
laboratory supervisor.
Laboratory Clean-Out means an evaluation of the chemical inventory
of a laboratory as a result of laboratory renovation, relocation or a
change in laboratory supervision that may result in the transfer of
laboratory wastes to the hazardous waste accumulation area.
Laboratory Environmental Management Standard means the provisions of
this Subpart and includes the requirements for preparation of
Environmental Management Plans and the inclusion of Minimum Performance
Criteria within each Environmental Management Plan.
Laboratory Scale means work with substances in which containers used
for reactions, transfers and other handling of substances are designed
to be safely and easily manipulated by one person. ``Laboratory Scale''
excludes those workplaces whose function is to produce commercial
quantities of chemicals.
Laboratory Waste means a hazardous chemical that results from
laboratory scale activities and includes the following: excess or unused
hazardous chemicals that may or may not be reused outside their
laboratory of origin; hazardous chemicals determined to be RCRA
hazardous waste as defined in 40 CFR Part 261; and hazardous chemicals
that will be determined not to be RCRA hazardous waste pursuant to
Sec. 262.106.
Laboratory Worker means a person who is assigned to handle hazardous
chemicals in the laboratory and may include researchers, students or
technicians.
Legal and Other Requirements means requirements imposed by, or as a
result of, governmental permits, governmental laws and regulations,
judicial and administrative enforcement orders, non-governmental legally
enforceable contracts, research grants and agreements, certification
specifications, formal voluntary commitments and organizational policies
and standards.
Senior Management means senior personnel with overall
responsibility, authority and accountability for managing laboratory
activities within the organization.
Universities means the following academic institutions; University
of Vermont, Boston College, and the University of Massachusetts Boston,
which are participants in this Laboratory XL project and which are
subject to the requirements set forth in this Subpart J.
Sec. 262.103 What is the scope of the laboratory environmental management standard?
The Laboratory Environmental Management Standard will not affect or
supersede any legal requirements other than those described in
Sec. 262.10(j). The requirements that continue to apply include, but are
not limited to, OSHA, Fire Codes, wastewater permit limitations,
emergency response notification provisions, or other legal requirements
applicable to University laboratories.
[[Page 175]]
Sec. 262.104 What are the minimum performance criteria?
The Minimum Performance Criteria that each University must meet in
managing its Laboratory Waste are:
(a) Each University must label all laboratory waste with the general
hazard class and either the words ``laboratory waste'' or with the
chemical name of the contents. If the container is too small to hold a
label, the label must be placed on a secondary container.
(b) Each University may temporarily hold up to 55 gallons of
laboratory waste or one quart of acutely hazardous laboratory waste, or
weight equivalent, in each laboratory, but upon reaching these
thresholds, each University must mark that laboratory waste with the
date when this threshold requirement was met (by dating the container(s)
or secondary container(s)).
(c) Each university must remove all of the dated laboratory waste
from the laboratory for delivery to a location identified in paragraph
(i) of this section within 30 days of reaching the threshold amount
identified in paragraph (b) of this section.
(d) In no event shall the excess laboratory waste that a laboratory
temporarily holds before dated laboratory waste is removed exceed an
additional 55 gallons of laboratory waste (or one additional quart of
acutely hazardous laboratory waste). No more than 110 gallons of
laboratory waste total (or no more than two quarts of acutely hazardous
laboratory waste total) may be temporarily held in a laboratory at any
one time. Excess laboratory waste must be dated and removed in
accordance with the requirements of paragraphs (b) and (c) of this
section.
(e) Containers of laboratory wastes must be:
(1) Closed at all times except when wastes are being added to
(including during in-line waste collection) or removed from the
container;
(2) Maintained in good condition and stored in the laboratory in a
manner to avoid leaks;
(3) Compatible with their contents to avoid reactions between the
waste and its container; and must be made of, or lined with, materials
which are compatible with the laboratory wastes to be temporarily held
in the laboratory so that the container is not impaired; and
(4) Inspected regularly (at least annually) to ensure that they meet
requirements for container management.
(f) The management of laboratory waste must not result in the
release of hazardous constituents into the land, air and water where
such release is prohibited under federal law.
(g) The requirements for emergency response are:
(1) Each University must post notification procedures, location of
emergency response equipment to be used by laboratory workers and
evacuation procedures;
(2) Emergency response equipment and procedures for emergency
response must be appropriate to the hazards in the laboratory such that
hazards to human health and the environment will be minimized in the
event of an emergency;
(3) In the event of a fire, explosion or other release of laboratory
waste which could threaten human health or the environment, the
laboratory worker must follow the notification procedures under
paragraph (g)(1) of this section.
(h) Each University must investigate, document, and take actions to
correct and prevent future incidents of hazardous chemical spills,
exposures and other incidents that trigger a reportable emergency or
that require reporting under paragraph (g) of this section.
(i) Each University may only transfer laboratory wastes from a
laboratory:
(1) Directly to an on-site designated hazardous waste accumulation
area. Notwithstanding 40 CFR 263.10(a), each University must comply with
requirements for transporters set forth in 40 CFR 263.30 and 263.31 in
the event of a discharge of laboratory waste en route from a laboratory
to an on-site hazardous waste accumulation area; or
(2) To a treatment, storage or disposal (TSD) facility permitted to
handle the waste under 40 CFR part 270 or in interim status under 40 CFR
parts 265 and 270 (or authorized to handle the waste by a state with a
hazardous waste management program approved
[[Page 176]]
under 40 CFR part 271) if it is determined in the laboratory by the
individuals identified in Sec. 262.105(b)(3) to be responsible for waste
management decisions that the waste is a hazardous waste and that it is
prudent to transfer it directly to a treatment, storage, and disposal
facility rather than an on-site accumulation area.
(j) Each University must ensure that laboratory workers receive
training and are provided with information so that they can implement
and comply with these Minimum Performance Criteria.
Sec. 262.105 What must be included in the laboratory environmental management plan?
(a) Each University must include specific measures it will take to
protect human health and the environment from hazards associated with
the management of laboratory wastes and from the reuse, recycling or
disposal of such materials outside the laboratory.
(b) Each University must write, implement and comply with an
Environmental Management Plan that includes the following:
(1) The specific procedures to assure compliance with each of the
Minimum Performance Criteria set forth in Sec. 262.104.
(2) An environmental policy, or environmental, health and safety
policy, signed by the University's senior management, which must include
commitments to regulatory compliance, waste minimization, risk reduction
and continual improvement of the environmental management system.
(3) A description of roles and responsibilities for the
implementation and maintenance of the Laboratory Environmental
Management Plan.
(4) A system for identifying and tracking legal and other
requirements applicable to laboratory waste, including the procedures
for providing updates to laboratory supervisors.
(5) Criteria for the identification of physical and chemical hazards
and the control measures to reduce the potential for releases of
laboratory wastes to the environment, including engineering controls,
the use of personal protective equipment and hygiene practices,
containment strategies and other control measures.
(6) A pollution prevention plan, including, but not limited to,
roles and responsibilities, training, pollution prevention activities,
and performance review.
(7) A system for conducting and updating annual surveys of hazardous
chemicals of concern and procedures for identifying acutely hazardous
laboratory waste.
(8) The procedures for conducting laboratory clean-outs with regard
to the safe management and disposal of laboratory wastes.
(9) The criteria that laboratory workers must comply with for
managing, containing and labeling laboratory wastes, including: an
evaluation of the need for and the use of any special containers or
labeling circumstances, and the use of laboratory wastes secondary
containers including packaging, bottles, or test tube racks.
(10) The procedures relevant to the safe and timely removal of
laboratory wastes from the laboratory.
(11) The emergency preparedness and response procedures to be
implemented for laboratory waste.
(12) Provisions for information dissemination and training, provided
for in paragraph (d) of this section.
(13) The procedures for the development and approval of changes to
the Environmental Management Plan.
(14) The procedures and work practices for safely transferring or
moving laboratory wastes from a laboratory to a location identified in
Sec. 262.104(i).
(15) The procedures for regularly inspecting a laboratory to assess
conformance with the requirements of the Environmental Management Plan.
(16) The procedures for the identification of environmental
management plan noncompliance, and the assignment of responsibility,
timelines and corrective actions to prevent their reoccurrence.
(17) The record keeping requirements to document conformance with
this Plan.
(c) Organizational responsibilities for each university. Each
University must:
(1) Develop and oversee implementation of its Laboratory
Environmental Management Plan.
[[Page 177]]
(2) Identify the following:
(i) Annual environmental objectives and targets;
(ii) Those laboratories covered by the requirements of the
Laboratory Environmental Management Plan.
(3) Assign roles and responsibilities for the effective
implementation of the Environmental Management Plan.
(4) Determine whether laboratory wastes are solid wastes under RCRA
and, if so, whether they are hazardous.
(5) Develop, implement, and maintain:
(i) Policies, procedures and practices governing its compliance with
the Environmental Management Plan and applicable federal and state
hazardous waste regulations.
(ii) Procedures to monitor and measure relevant conformance and
environmental performance data for the purpose of supporting continual
improvement of the Environmental Management Plan.
(iii) Policies and procedures for managing environmental documents
and records applicable to this Environmental Management Standard.
(6) Ensure that:
(i) Its Environmental Management Plan is available to laboratory
workers, vendors, employee representatives, visitors, on-site
contractors, and upon request, to governmental representatives.
(ii) Personnel designated by each University to handle laboratory
wastes and RCRA hazardous waste receive appropriate training.
(iii) The Environmental Management Plan is reviewed at least
annually by senior management to ensure its continuing suitability,
adequacy and effectiveness. The reviews may include, but not be limited
to, a consideration of monitoring and measuring information, Laboratory
Environmental Management Standard performance data, assessment and audit
results and other relevant information and data.
(d) What are the Information and Training Requirements for Each
University?
(1) Each University must ensure that laboratory workers receive
training and are provided with the information to understand and
implement the elements of each University's Environmental Management
Plan that are relevant to the laboratory workers' responsibilities.
(2) When must each University ensure that laboratory workers receive
training and information?
(i) Each University must provide the information to each laboratory
worker when he/she is first assigned to a work area where laboratory
wastes may be generated.
(ii) Each University must ensure that each laboratory worker has had
training within six months of when he/she is first assigned to a work
area where laboratory wastes may be generated. Each University must
retrain a laboratory worker when a laboratory waste poses a new or
unique hazard for which the laboratory worker has not received prior
training and as frequently as needed to maintain knowledge of the
procedures of the Environmental Management Plan.
(3) Each University must provide an outline of training and specify
who is to receive training in its Environmental Management Plan.
(4) Each University must ensure that laboratory workers are informed
of:
(i) The contents of this Subpart and the Laboratory Environmental
Management Plan(s) for the laboratory(ies) in which they will be
performing work;
(ii) The location and availability of the Environmental Management
Plan;
(iii) Emergency response measures applicable to laboratories;
(iv) Signs and indicators of a hazardous substance release;
(v) The location and availability of known reference materials
relevant to implementation of the Environmental Management Plan; and
(vi) Environmental training requirements applicable to laboratory
workers.
(5) Each University must ensure that Laboratory workers have
received training in:
(i) Methods and observations that may be used to detect the presence
or release of a hazardous substance;
(ii) The chemical and physical hazards associated with laboratory
wastes in their work area;
(iii) The relevant measures a laboratory worker can take to protect
human health and the environment; and
[[Page 178]]
(iv) Details of the Environmental Management Plan sufficient to
ensure they manage laboratory waste in accordance with the requirements
of this Subpart.
(6) Requirements pertaining to Laboratory visitors:
(i) Laboratory visitors, such as on-site contractors or
environmental vendors, that require information and training under this
standard must be identified in the Environmental Management Plan.
(ii) Laboratory visitors identified in the Environmental Management
Plan must be informed of the existence and location of the Environmental
Management Plan.
(iii) Laboratory visitors identified in the Environmental Management
Plan must be informed of relevant policies, procedures or work practices
to ensure compliance with the requirements of the Environmental
Management Plan.
(7) Each University must define methods of providing objective
evidence and records of training and information dissemination in its
Environmental Management Plan.
Sec. 262.106 When must a hazardous waste determination be made?
(a) For laboratory waste sent from a laboratory to an on-site
hazardous waste accumulation area, each University must evaluate the
laboratory wastes to determine whether they are solid wastes under RCRA
and, if so, determine pursuant to Sec. 262.11 (a) through (d) whether
they are hazardous wastes, as soon as the laboratory wastes reach the
University's Hazardous Waste Accumulation area(s). At this point each
University must determine whether the laboratory waste will be reused or
whether it must be managed as RCRA solid or hazardous waste.
(b) For laboratory waste that will be sent from a laboratory to a
TSD facility permitted to handle the waste, each University must
evaluate such laboratory wastes to determine whether they are solid
wastes under RCRA and, if so, determine pursuant to Sec. 262.11 (a)
through (d) whether they are hazardous wastes, prior to the 30-day
deadline for removing dated laboratory waste from the laboratory.
(c) Laboratory waste that is determined to be hazardous waste is no
longer subject to the provisions of this subpart and must be managed in
accordance with all applicable provisions of 40 CFR Parts 260 through
270.
Sec. 262.107 Under what circumstances will a university's participation
in this environmental management standard pilot be terminated?
(a) EPA retains the right to terminate a University's participation
in this Laboratory XL project if the University:
(1) Is in non-compliance with the Minimum Performance Criteria in
Sec. 262.104; or
(2) Has actual environmental management practices in the laboratory
that do not conform to its Environmental Management Plan; or
(3) Is in non-compliance with the Hazardous Waste Determination
requirements of Sec. 262.106.
(b) In the event of termination, EPA will provide the University
with 15 days written notice of its intent to terminate. During this
period, which commences upon receipt of the notice, the University will
have the opportunity to come back into compliance with the Minimum
Performance Criteria, its Environmental Management Plan, or the
requirements for making a hazardous waste determination at Sec. 262.106
or to provide a written explanation as to why it was not in compliance
and how it intends to return to compliance. If, upon review of the
University's written explanation, EPA then re-issues a written notice
terminating the University from this XL Project, the provisions of
paragraph (c) of this section will immediately apply and the University
shall have 90 days to come into compliance with the applicable RCRA
requirements deferred by Sec. 262.10(j). During the 90-day transition
period, the provisions of this subpart shall continue to apply to the
University.
(c) If a University withdraws from this XL project, or receives a
notice of termination pursuant to this section, it must submit to EPA
and the state a schedule for returning to full compliance with RCRA
requirements at the laboratory level. The schedule must
[[Page 179]]
show how the University will return to full compliance with RCRA within
90 days from the date of the notice of termination or withdrawal.
Sec. 262.108 When will this subpart expire?
This subpart will expire on September 30, 2003.
PART 263--STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE--Table of Contents
Subpart A--General
Sec.
263.10 Scope.
263.11 EPA identification number.
263.12 Transfer facility requirements.
Subpart B--Compliance With the Manifest System and Recordkeeping
263.20 The manifest system.
263.21 Compliance with the manifest.
263.22 Recordkeeping.
Subpart C--Hazardous Waste Discharges
263.30 Immediate action.
263.31 Discharge clean up.
Authority: 42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938.
Source: 45 FR 33151, May 19, 1980, unless otherwise noted.
Subpart A--General
Sec. 263.10 Scope.
(a) These regulations establish standards which apply to persons
transporting hazardous waste within the United States if the
transportation requires a manifest under 40 CFR part 262.
Note: The regulations set forth in parts 262 and 263 establish the
responsibilities of generators and transporters of hazardous waste in
the handling, transportation, and management of that waste. In these
regulations, EPA has expressly adopted certain regulations of the
Department of Transportation (DOT) governing the transportation of
hazardous materials. These regulations concern, among other things,
labeling, marking, placarding, using proper containers, and reporting
discharges. EPA has expressly adopted these regulations in order to
satisfy its statutory obligation to promulgate regulations which are
necessary to protect human health and the environment in the
transportation of hazardous waste. EPA's adoption of these DOT
regulations ensures consistency with the requirements of DOT and thus
avoids the establishment of duplicative or conflicting requirements with
respect to these matters. These EPA regulations which apply to both
interstate and intrastate transportation of hazardous waste are
enforceable by EPA.
DOT has revised its hazardous materials transportation regulations
in order to encompass the transportation of hazardous waste and to
regulate intrastate, as well as interstate, transportation of hazardous
waste. Transporters of hazardous waste are cautioned that DOT's
regulations are fully applicable to their activities and enforceable by
DOT. These DOT regulations are codified in title 49, Code of Federal
Regulations, subchapter C.
EPA and DOT worked together to develop standards for transporters of
hazardous waste in order to avoid conflicting requirements. Except for
transporters of bulk shipments of hazardous waste by water, a
transporter who meets all applicable requirements of 49 CFR parts 171
through 179 and the requirements of 40 CFR 263.11 and 263.31 will be
deemed in compliance with this part. Regardless of DOT's action, EPA
retains its authority to enforce these regulations.
(b) These regulations do not apply to on-site transportation of
hazardous waste by generators or by owners or operators of permitted
hazardous waste management facilities.
(c) A transporter of hazardous waste must also comply with 40 CFR
part 262, Standards Applicable to Generators of Hazardous Waste, if he:
(1) Transports hazardous waste into the United States from abroad;
or
(2) Mixes hazardous wastes of different DOT shipping descriptions by
placing them into a single container.
(d) A transporter of hazardous waste subject to the Federal
manifesting requirements of 40 CFR part 262, or subject to the waste
management standards of 40 CFR part 273, or subject to State
requirements analogous to 40 CFR part 273, that is being imported from
or exported to any of the countries listed in 40 CFR 262.58(a)(1) for
purposes of recovery is subject to this Subpart and to all other
relevant requirements of subpart H of 40 CFR part 262, including, but
not limited to, 40 CFR 262.84 for tracking documents.
(e) The regulations in this part do not apply to transportation
during an
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explosives or munitions emergency response, conducted in accordance with
40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) or (iv), and
270.1(c)(3)(i)(D) or (iii).
(f) Section 266.203 of this chapter identifies how the requirements
of this part apply to military munitions classified as solid waste under
40 CFR 266.202.
[45 FR 33151, May 19, 1980, as amended at 45 FR 86968, Dec. 31, 1980; 61
FR 16314, Apr. 12, 1996; 62 FR 6651, Feb. 12, 1997]
Sec. 263.11 EPA identification number.
(a) A transporter must not transport hazardous wastes without having
received an EPA identification number from the Administrator.
(b) A transporter who has not received an EPA identification number
may obtain one by applying to the Administrator using EPA Form 8700-12.
Upon receiving the request, the Administrator will assign an EPA
identification number to the transporter.
Sec. 263.12 Transfer facility requirements.
A transporter who stores manifested shipments of hazardous waste in
containers meeting the requirements of Sec. 262.30 at a transfer
facility for a period of ten days or less is not subject to regulation
under parts 270, 264, 265, and 268 of this chapter with respect to the
storage of those wastes.
[45 FR 86968, Dec. 31, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 51
FR 40637, Nov. 7, 1986]
Subpart B--Compliance With the Manifest System and Recordkeeping
Sec. 263.20 The manifest system.
(a) A transporter may not accept hazardous waste from a generator
unless it is accompanied by a manifest signed in accordance with the
provisions of 40 CFR 262.20. In the case of exports other than those
subject to subpart H of 40 CFR part 262, a transporter may not accept
such waste from a primary exporter or other person if he knows the
shipment does not conform to the EPA Acknowledgement of Consent; and
unless, in addition to a manifest signed in accordance with the
provisions of 40 CFR 262.20, such waste is also accompanied by an EPA
Acknowledgement of Consent which, except for shipment by rail, is
attached to the manifest (or shipping paper for exports by water (bulk
shipment)). For exports of hazardous waste subject to the requirements
of subpart H of 40 CFR part 262, a transporter may not accept hazardous
waste without a tracking document that includes all information required
by 40 CFR 262.84.
(b) Before transporting the hazardous waste, the transporter must
sign and date the manifest acknowledging acceptance of the hazardous
waste from the generator. The transporter must return a signed copy to
the generator before leaving the generator's property.
(c) The transporter must ensure that the manifest accompanies the
hazardous waste. In the case of exports, the transporter must ensure
that a copy of the EPA Acknowledgment of Consent also accompanies the
hazardous waste.
(d) A transporter who delivers a hazardous waste to another
transporter or to the designated facility must:
(1) Obtain the date of delivery and the handwritten signature of
that transporter or of the owner or operator of the designated facility
on the manifest; and
(2) Retain one copy of the manifest in accordance with Sec. 263.22;
and
(3) Give the remaining copies of the manifest to the accepting
transporter or designated facility.
(e) The requirements of paragraphs (c), (d) and (f) of this section
do not apply to water (bulk shipment) transporters if:
(1) The hazardous waste is delivered by water (bulk shipment) to the
designated facility; and
(2) A shipping paper containing all the information required on the
manifest (excluding the EPA identification numbers, generator
certification, and signatures) and, for exports, an EPA Acknowledgment
of Consent accompanies the hazardous waste; and
(3) The delivering transporter obtains the date of delivery and
handwritten signature of the owner or operator of the designated
facility on either the manifest or the shipping paper; and
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(4) The person delivering the hazardous waste to the initial water
(bulk shipment) transporter obtains the date of delivery and signature
of the water (bulk shipment) transporter on the manifest and forwards it
to the designated facility; and
(5) A copy of the shipping paper or manifest is retained by each
water (bulk shipment) transporter in accordance with Sec. 263.22.
(f) For shipments involving rail transportation, the requirements of
paragraphs (c), (d) and (e) do not apply and the following requirements
do apply:
(1) When accepting hazardous waste from a non-rail transporter, the
initial rail transporter must:
(i) Sign and date the manifest acknowledging acceptance of the
hazardous waste;
(ii) Return a signed copy of the manifest to the non-rail
transporter;
(iii) Forward at least three copies of the manifest to:
(A) The next non-rail transporter, if any; or,
(B) The designated facility, if the shipment is delivered to that
facility by rail; or
(C) The last rail transporter designated to handle the waste in the
United States;
(iv) Retain one copy of the manifest and rail shipping paper in
accordance with Sec. 263.22.
(2) Rail transporters must ensure that a shipping paper containing
all the information required on the manifest (excluding the EPA
identification numbers, generator certification, and signatures) and,
for exports an EPA Acknowledgment of Consent accompanies the hazardous
waste at all times.
Note: Intermediate rail transporters are not required to sign either
the manifest or shipping paper.
(3) When delivering hazardous waste to the designated facility, a
rail transporter must:
(i) Obtain the date of delivery and handwritten signature of the
owner or operator of the designated facility on the manifest or the
shipping paper (if the manifest has not been received by the facility);
and
(ii) Retain a copy of the manifest or signed shipping paper in
accordance with Sec. 263.22.
(4) When delivering hazardous waste to a non-rail transporter a rail
transporter must:
(i) Obtain the date of delivery and the handwritten signature of the
next non-rail transporter on the manifest; and
(ii) Retain a copy of the manifest in accordance with Sec. 263.22.
(5) Before accepting hazardous waste from a rail transporter, a non-
rail transporter must sign and date the manifest and provide a copy to
the rail transporter.
(g) Transporters who transport hazardous waste out of the United
States must:
(1) Indicate on the manifest the date the hazardous waste left the
United States; and
(2) Sign the manifest and retain one copy in accordance with
Sec. 263.22(c); and
(3) Return a signed copy of the manifest to the generator; and
(4) Give a copy of the manifest to a U.S. Customs official at the
point of departure from the United States.
(h) A transporter transporting hazardous waste from a generator who
generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month need not comply with the
requirements of this section or those of Sec. 263.22 provided that:
(1) The waste is being transported pursuant to a reclamation
agreement as provided for in Sec. 262.20(e);
(2) The transporter records, on a log or shipping paper, the
following information for each shipment:
(i) The name, address, and U.S. EPA Identification Number of the
generator of the waste;
(ii) The quantity of waste accepted;
(iii) All DOT-required shipping information;
(iv) The date the waste is accepted; and
(3) The transporter carries this record when transporting waste to
the reclamation facility; and
(4) The transporter retains these records for a period of at least
three
[[Page 182]]
years after termination or expiration of the agreement.
[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 51
FR 10176, Mar. 24, 1986; 51 FR 28685, Aug. 8, 1986; 61 FR 16315, Apr.
12, 1996]
Sec. 263.21 Compliance with the manifest.
(a) The transporter must deliver the entire quantity of hazardous
waste which he has accepted from a generator or a transporter to:
(1) The designated facility listed on the manifest; or
(2) The alternate designated facility, if the hazardous waste cannot
be delivered to the designated facility because an emergency prevents
delivery; or
(3) The next designated transporter; or
(4) The place outside the United States designated by the generator.
(b) If the hazardous waste cannot be delivered in accordance with
paragraph (a) of this section, the transporter must contact the
generator for further directions and must revise the manifest according
to the generator's instructions.
Sec. 263.22 Recordkeeping.
(a) A transporter of hazardous waste must keep a copy of the
manifest signed by the generator, himself, and the next designated
transporter or the owner or operator of the designated facility for a
period of three years from the date the hazardous waste was accepted by
the initial transporter.
(b) For shipments delivered to the designated facility by water
(bulk shipment), each water (bulk shipment) transporter must retain a
copy of the shipping paper containing all the information required in
Sec. 263.20(e)(2) for a period of three years from the date the
hazardous waste was accepted by the initial transporter.
(c) For shipments of hazardous waste by rail within the United
States:
(1) The initial rail transporter must keep a copy of the manifest
and shipping paper with all the information required in
Sec. 263.20(f)(2) for a period of three years from the date the
hazardous waste was accepted by the initial transporter; and
(2) The final rail transporter must keep a copy of the signed
manifest (or the shipping paper if signed by the designated facility in
lieu of the manifest) for a period of three years from the date the
hazardous waste was accepted by the initial transporter.
Note: Intermediate rail transporters are not required to keep
records pursuant to these regulations.
(d) A transporter who transports hazardous waste out of the United
States must keep a copy of the manifest indicating that the hazardous
waste left the United States for a period of three years from the date
the hazardous waste was accepted by the initial transporter.
(e) The periods of retention referred to in this Section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980]
Subpart C--Hazardous Waste Discharges
Sec. 263.30 Immediate action.
(a) In the event of a discharge of hazardous waste during
transportation, the transporter must take appropriate immediate action
to protect human health and the environment (e.g., notify local
authorities, dike the discharge area).
(b) If a discharge of hazardous waste occurs during transportation
and an official (State or local government or a Federal Agency) acting
within the scope of his official responsibilities determines that
immediate removal of the waste is necessary to protect human health or
the environment, that official may authorize the removal of the waste by
transporters who do not have EPA identification numbers and without the
preparation of a manifest.
(c) An air, rail, highway, or water transporter who has discharged
hazardous waste must:
(1) Give notice, if required by 49 CFR 171.15, to the National
Response Center (800-424-8802 or 202-426-2675); and
(2) Report in writing as required by 49 CFR 171.16 to the Director,
Office of
[[Page 183]]
Hazardous Materials Regulations, Materials Transportation Bureau,
Department of Transportation, Washington, DC 20590.
(d) A water (bulk shipment) transporter who has discharged hazardous
waste must give the same notice as required by 33 CFR 153.203 for oil
and hazardous substances.
Sec. 263.31 Discharge clean up.
A transporter must clean up any hazardous waste discharge that
occurs during transportation or take such action as may be required or
approved by Federal, State, or local officials so that the hazardous
waste discharge no longer presents a hazard to human health or the
environment.
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
Subpart A--General
Sec.
264.1 Purpose, scope and applicability.
264.2 [Reserved]
264.3 Relationship to interim status standards.
264.4 Imminent hazard action.
Subpart B--General Facility Standards
264.10 Applicability.
264.11 Identification number.
264.12 Required notices.
264.13 General waste analysis.
264.14 Security.
264.15 General inspection requirements.
264.16 Personnel training.
264.17 General requirements for ignitable, reactive, or incompatible
wastes.
264.18 Location standards.
264.19 Construction quality assurance program.
Subpart C--Preparedness and Prevention
264.30 Applicability.
264.31 Design and operation of facility.
264.32 Required equipment.
264.33 Testing and maintenance of equipment.
264.34 Access to communications or alarm system.
264.35 Required aisle space.
264.36 [Reserved]
264.37 Arrangements with local authorities.
Subpart D--Contingency Plan and Emergency Procedures
264.50 Applicability.
264.51 Purpose and implementation of contingency plan.
264.52 Content of contingency plan.
264.53 Copies of contingency plan.
264.54 Amendment of contingency plan.
264.55 Emergency coordinator.
264.56 Emergency procedures.
Subpart E--Manifest System, Recordkeeping, and Reporting
264.70 Applicability.
264.71 Use of manifest system.
264.72 Manifest discrepancies.
264.73 Operating record.
264.74 Availability, retention, and disposition of records.
264.75 Biennial report.
264.76 Unmanifested waste report.
264.77 Additional reports.
Subpart F--Releases From Solid Waste Management Units
264.90 Applicability.
264.91 Required programs.
264.92 Ground-water protection standard.
264.93 Hazardous constituents.
264.94 Concentration limits.
264.95 Point of compliance.
264.96 Compliance period.
264.97 General ground-water monitoring requirements.
264.98 Detection monitoring program.
264.99 Compliance monitoring program.
264.100 Corrective action program.
264.101 Corrective action for solid waste management units.
Subpart G--Closure and Post-Closure
264.110 Applicability.
264.111 Closure performance standard.
264.112 Closure plan; amendment of plan.
264.113 Closure; time allowed for closure.
264.114 Disposal or decontamination of equipment, structures and soils.
264.115 Certification of closure.
264.116 Survey plat.
264.117 Post-closure care and use of property.
264.118 Post-closure plan; amendment of plan.
264.119 Post-closure notices.
264.120 Certification of completion of post-closure care.
Subpart H--Financial Requirements
264.140 Applicability.
264.141 Definitions of terms as used in this subpart.
264.142 Cost estimate for closure.
264.143 Financial assurance for closure.
[[Page 184]]
264.144 Cost estimate for post-closure care.
264.145 Financial assurance for post-closure care.
264.146 Use of a mechanism for financial assurance of both closure and
post-closure care.
264.147 Liability requirements.
264.148 Incapacity of owners or operators, guarantors, or financial
institutions.
264.149 Use of State-required mechanisms.
264.150 State assumption of responsibility.
264.151 Wording of the instruments.
Subpart I--Use and Management of Containers
264.170 Applicability.
264.171 Condition of containers.
264.172 Compatibility of waste with containers.
264.173 Management of containers.
264.174 Inspections.
264.175 Containment.
264.176 Special requirements for ignitable or reactive waste.
264.177 Special requirements for incompatible wastes.
264.178 Closure.
264.179 Air emission standards.
Subpart J--Tank Systems
264.190 Applicability.
264.191 Assessment of existing tank system's integrity.
264.192 Design and installation of new tank systems or components.
264.193 Containment and detection of releases.
264.194 General operating requirements.
264.195 Inspections.
264.196 Response to leaks or spills and disposition of leaking or
unfit-for-use tank systems.
264.197 Closure and post-closure care.
264.198 Special requirements for ignitable or reactive wastes.
264.199 Special requirements for incompatible wastes.
264.200 Air emission standards.
Subpart K--Surface Impoundments
264.220 Applicability.
264.221 Design and operating requirements.
264.222 Action leakage rate.
264.223 Response actions.
264.224--264.225 [Reserved]
264.226 Monitoring and inspection.
264.227 Emergency repairs; contingency plans.
264.228 Closure and post-closure care.
264.229 Special requirements for ignitable or reactive waste.
264.230 Special requirements for incompatible wastes.
264.231 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
264.232 Air emission standards.
Subpart L--Waste Piles
264.250 Applicability.
264.251 Design and operating requirements.
264.252 Action leakage rate.
254.253 Response actions.
264.254 Monitoring and inspection.
264.255 [Reserved]
264.256 Special requirements for ignitable or reactive waste.
264.257 Special requirements for incompatible wastes.
264.258 Closure and post-closure care.
264.259 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
Subpart M--Land Treatment
264.270 Applicability.
264.271 Treatment program.
264.272 Treatment demonstration.
264.273 Design and operating requirements.
264.274--264.275 [Reserved]
264.276 Food-chain crops.
264.277 [Reserved]
264.278 Unsaturated zone monitoring.
264.279 Recordkeeping.
264.280 Closure and post-closure care.
264.281 Special requirements for ignitable or reactive waste.
264.282 Special requirements for incompatible wastes.
264.283 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
Subpart N--Landfills
264.300 Applicability.
264.301 Design and operating requirements.
264.302 Action leakage rate.
264.303 Monitoring and inspection.
264.304 Response actions.
264.305--264.308 [Reserved]
264.309 Surveying and recordkeeping.
264.310 Closure and post-closure care.
264.311 [Reserved]
264.312 Special requirements for ignitable or reactive waste.
264.313 Special requirements for incompatible wastes.
264.314 Special requirements for bulk and containerized liquids.
264.315 Special requirements for containers.
264.316 Disposal of small containers of hazardous waste in overpacked
drums (lab packs).
264.317 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
[[Page 185]]
Subpart O--Incinerators
264.340 Applicability.
264.341 Waste analysis.
264.342 Principal organic hazardous constituents (POHCs).
264.343 Performance standards.
264.344 Hazardous waste incinerator permits.
264.345 Operating requirements.
264.346 [Reserved]
264.347 Monitoring and inspections.
264.348--264.350 [Reserved]
264.351 Closure.
Subparts P-R [Reserved]
Subpart S--Corrective Action for Solid Waste Management Units
264.552 Corrective Action Management Units (CAMU).
264.553 Temporary Units (TU).
264.554 Staging piles.
Subparts T-V [Reserved]
Subpart W--Drip Pads
264.570 Applicability.
264.571 Assessment of existing drip pad integrity.
264.572 Design and installation of new drip pads.
264.573 Design and operating requirements.
264.574 Inspections.
264.575 Closure.
Subpart X--Miscellaneous Units
264.600 Applicability.
264.601 Environmental performance standards.
264.602 Monitoring, analysis, inspection, response, reporting, and
corrective action.
264.603 Post-closure care.
Subparts Y-Z [Reserved]
Subpart AA--Air Emission Standards for Process Vents
264.1030 Applicability.
264.1031 Definitions.
264.1032 Standards: Process vents.
264.1033 Standards: Closed-vent systems and control devices.
264.1034 Test methods and procedures.
264.1035 Recordkeeping requirements.
264.1036 Reporting requirements.
264.1037--264.1049 [Reserved]
Subpart BB--Air Emission Standards for Equipment Leaks
264.1050 Applicability.
264.1051 Definitions.
264.1052 Standards: Pumps in light liquid service.
264.1053 Standards: Compressors.
264.1054 Standards: Pressure relief devices in gas/vapor service.
264.1055 Standards: Sampling connection systems.
264.1056 Standards: Open-ended valves or lines.
264.1057 Standards: Valves in gas/vapor service or in light liquid
service.
264.1058 Standards: Pumps and valves in heavy liquid service, pressure
relief devices in light liquid or heavy liquid service, and
flanges and other connectors.
264.1059 Standards: Delay of repair.
264.1060 Standards: Closed-vent systems and control devices.
264.1061 Alternative standards for valves in gas/vapor service or in
light liquid service: percentage of valves allowed to leak.
264.1062 Alternative standards for valves in gas/vapor service or in
light liquid service: skip period leak detection and repair.
264.1063 Test methods and procedures.
264.1064 Recordkeeping requirements.
264.1065 Reporting requirements.
264.1066-264.1079 [Reserved]
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and
Containers
264.1080 Applicability.
264.1081 Definitions.
264.1082 Standards: General.
264.1083 Waste determination procedures.
264.1084 Standards: Tanks.
264.1085 Standards: Surface impoundments.
264.1086 Standards: Containers.
264.1087 Standards: Closed-vent systems and control devices.
264.1088 Inspection and monitoring requirements.
264.1089 Recordkeeping requirements.
264.1090 Reporting requirements.
264.1091 [Reserved]
Subpart DD--Containment Buildings
264.1100 Applicability.
264.1101 Design and operating standards.
264.1102 Closure and post-closure care.
264.1103--264.1110 [Reserved]
Subpart EE--Hazardous Waste Munitions and Explosives Storage
264.1200 Applicability.
264.1201 Design and operating standards.
264.1202 Closure and post-closure care.
Appendices to Part 264
Appendix I--Recordkeeping Instructions
Appendices II--III [Reserved]
[[Page 186]]
Appendix IV--Cochran's Approximation to the Behrens-Fisher Students' T-
test
Appendix V--Examples of Potentially Incompatible Waste
Appendix VI--Political Jurisdictions in Which Compliance
WithSec. 264.18(a) Must Be Demonstrated
Appendices VII--VIII [Reserved]
Appendix IX--Ground-Water Monitoring List
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
Source: 45 FR 33221, May 19, 1980, unless otherwise noted.
Subpart A--General
Sec. 264.1 Purpose, scope and applicability.
(a) The purpose of this part is to establish minimum national
standards which define the acceptable management of hazardous waste.
(b) The standards in this part apply to owners and operators of all
facilities which treat, store, or dispose of hazardous waste, except as
specifically provided otherwise in this part or part 261 of this
chapter.
(c) The requirements of this part apply to a person disposing of
hazardous waste by means of ocean disposal subject to a permit issued
under the Marine Protection, Research, and Sanctuaries Act only to the
extent they are included in a RCRA permit by rule granted to such a
person under part 270 of this chapter.
[Comment: These part 264 regulations do apply to the treatment or
storage of hazardous waste before it is loaded onto an ocean vessel for
incineration or disposal at sea.]
(d) The requirements of this part apply to a person disposing of
hazardous waste by means of underground injection subject to a permit
issued under an Underground Injection Control (UIC) program approved or
promulgated under the Safe Drinking Water Act only to the extent they
are required by Sec. 144.14 of this chapter.
[Comment: These part 264 regulations do apply to the above-ground
treatment or storage of hazardous waste before it is injected
underground.]
(e) The requirements of this part apply to the owner or operator of
a POTW which treats, stores, or disposes of hazardous waste only to the
extent they are included in a RCRA permit by rule granted to such a
person under part 270 of this chapter.
(f) The requirements of this part do not apply to a person who
treats, stores, or disposes of hazardous waste in a State with a RCRA
hazardous waste program authorized under subpart A of part 271 of this
chapter, or in a State authorized under subpart B of part 271 of this
chapter for the component or components of Phase II interim
authorization which correspond to the person's treatment, storage or
disposal processes; except that this part will apply:
(1) As stated in paragraph (d) of this section, if the authorized
State RCRA program does not cover disposal of hazardous waste by means
of underground injection; and
(2) To a person who treats, stores or disposes of hazardous waste in
a State authorized under subpart A of part 271 of this chapter, at a
facility which was not covered by standards under this part when the
State obtained authorization, and for which EPA promulgates standards
under this part after the State is authorized. This paragraph will only
apply until the State is authorized to permit such facilities under
subpart A of part 271 of this chapter.
(3) To a person who treats, stores, or disposes of hazardous waste
in a State which is authorized under subpart A or B of part 271 of this
chapter if the State has not been authorized to carry out the
requirements and prohibitions applicable to the treatment, storage, or
disposal of hazardous waste at his facility which are imposed pursuant
to the Hazardous and Solid Waste Amendments of 1984. The requirements
and prohibitions that are applicable until a State receives
authorization to carry them out include all Federal program requirements
identified in Sec. 271.1(j).
(g) The requirements of this part do not apply to:
(1) The owner or operator of a facility permitted, licensed, or
registered by a State to manage municipal or industrial solid waste, if
the only hazardous waste the facility treats, stores, or disposes of is
excluded from regulation under this part by Sec. 261.5 of this chapter;
[[Page 187]]
(2) The owner or operator of a facility managing recyclable
materials described in Sec. 261.6 (a)(2), (3), and (4) of this chapter
(except to the extent they are referred to in part 279 or subparts C, D,
F, or G of part 266 of this chapter).
(3) A generator accumulating waste on-site in compliance with
Sec. 262.34 of this chapter;
(4) A farmer disposing of waste pesticides from his own use in
compliance with Sec. 262.70 of this chapter; or
(5) The owner or operator of a totally enclosed treatment facility,
as defined in Sec. 260.10.
(6) The owner or operator of an elementary neutralization unit or a
wastewater treatment unit as defined in Sec. 260.10 of this chapter,
provided that if the owner or operator is diluting hazardous ignitable
(D001) wastes (other than the D001 High TOC Subcategory defined in
Sec. 268.40 of this chapter, Table Treatment Standards for Hazardous
Wastes), or reactive (D003) waste, to remove the characteristic before
land disposal, the owner/operator must comply with the requirements set
out in Sec. 264.17(b).
(7) [Reserved]
(8)(i) Except as provided in paragraph (g)(8)(ii) of this section, a
person engaged in treatment or containment activities during immediate
response to any of the following situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of hazardous
waste;
(C) A discharge of a material which, when discharged, becomes a
hazardous waste.
(D) An immediate threat to human health, public safety, property, or
the environment, from the known or suspected presence of military
munitions, other explosive material, or an explosive device, as
determined by an explosive or munitions emergency response specialist as
defined in 40 CFR 260.10.
(ii) An owner or operator of a facility otherwise regulated by this
part must comply with all applicable requirements of subparts C and D.
(iii) Any person who is covered by paragraph (g)(8)(i) of this
section and who continues or initiates hazardous waste treatment or
containment activities after the immediate response is over is subject
to all applicable requirements of this part and parts 122 through 124 of
this chapter for those activities.
(iv) In the case of an explosives or munitions emergency response,
if a Federal, State, Tribal or local official acting within the scope of
his or her official responsibilities, or an explosives or munitions
emergency response specialist, determines that immediate removal of the
material or waste is necessary to protect human health or the
environment, that official or specialist may authorize the removal of
the material or waste by transporters who do not have EPA identification
numbers and without the preparation of a manifest. In the case of
emergencies involving military munitions, the responding military
emergency response specialist's organizational unit must retain records
for three years identifying the dates of the response, the responsible
persons responding, the type and description of material addressed, and
its disposition.
(9) A transporter storing manifested shipments of hazardous waste in
containers meeting the requirements of 40 CFR 262.30 at a transfer
facility for a period of ten days or less.
(10) The addition of absorbent material to waste in a container (as
defined in Sec. 260.10 of this chapter) or the addition of waste to
absorbent material in a container, provided that these actions occur at
the time waste is first placed in the container; and Secs. 264.17(b),
264.171, and 264.172 are complied with.
(11) Universal waste handlers and universal waste transporters (as
defined in 40 CFR 260.10) handling the wastes listed below. These
handlers are subject to regulation under 40 CFR part 273, when handling
the below listed universal wastes.
(i) Batteries as described in 40 CFR 273.2;
(ii) Pesticides as described in Sec. 273.3 of this chapter;
(iii) Thermostats as described in Sec. 273.4 of this chapter; and
(iv) Lamps as described in Sec. 273.5 of this chapter.
[[Page 188]]
(12) A New York State Utility central collection facility
consolidating hazardous waste in accordance with 40 CFR 262.90.
(h) The requirements of this part apply to owners or operators of
all facilities which treat, store, or dispose of hazardous wastes
referred to in part 268.
(i) Section 266.205 of this chapter identifies when the requirements
of this part apply to the storage of military munitions classified as
solid waste under Sec. 266.202 of this chapter. The treatment and
disposal of hazardous waste military munitions are subject to the
applicable permitting, procedural, and technical standards in 40 CFR
parts 260 through 270.
(j) The requirements of subparts B, C, and D of this part and
Sec. 264.101 do not apply to remediation waste management sites.
(However, some remediation waste management sites may be a part of a
facility that is subject to a traditional RCRA permit because the
facility is also treating, storing or disposing of hazardous wastes that
are not remediation wastes. In these cases, Subparts B, C, and D of this
part, and Sec. 264.101 do apply to the facility subject to the
traditional RCRA permit.) Instead of the requirements of subparts B, C,
and D of this part, owners or operators of remediation waste management
sites must:
(1) Obtain an EPA identification number by applying to the
Administrator using EPA Form 8700-12;
(2) Obtain a detailed chemical and physical analysis of a
representative sample of the hazardous remediation wastes to be managed
at the site. At a minimum, the analysis must contain all of the
information which must be known to treat, store or dispose of the waste
according to this part and part 268 of this chapter, and must be kept
accurate and up to date;
(3) Prevent people who are unaware of the danger from entering, and
minimize the possibility for unauthorized people or livestock to enter
onto the active portion of the remediation waste management site, unless
the owner or operator can demonstrate to the Director that:
(i) Physical contact with the waste, structures, or equipment within
the active portion of the remediation waste management site will not
injure people or livestock who may enter the active portion of the
remediation waste management site; and
(ii) Disturbance of the waste or equipment by people or livestock
who enter onto the active portion of the remediation waste management
site, will not cause a violation of the requirements of this part;
(4) Inspect the remediation waste management site for malfunctions,
deterioration, operator errors, and discharges that may be causing, or
may lead to, a release of hazardous waste constituents to the
environment, or a threat to human health. The owner or operator must
conduct these inspections often enough to identify problems in time to
correct them before they harm human health or the environment, and must
remedy the problem before it leads to a human health or environmental
hazard. Where a hazard is imminent or has already occurred, the owner/
operator must take remedial action immediately;
(5) Provide personnel with classroom or on-the-job training on how
to perform their duties in a way that ensures the remediation waste
management site complies with the requirements of this part, and on how
to respond effectively to emergencies;
(6) Take precautions to prevent accidental ignition or reaction of
ignitable or reactive waste, and prevent threats to human health and the
environment from ignitable, reactive and incompatible waste;
(7) For remediation waste management sites subject to regulation
under subparts I through O and subpart X of this part, the owner/
operator must design, construct, operate, and maintain a unit within a
100-year floodplain to prevent washout of any hazardous waste by a 100-
year flood, unless the owner/operator can meet the demonstration of
Sec. 264.18(b);
(8) Not place any non-containerized or bulk liquid hazardous waste
in any salt dome formation, salt bed formation, underground mine or
cave;
(9) Develop and maintain a construction quality assurance program
for all surface impoundments, waste piles and
[[Page 189]]
landfill units that are required to comply with Secs. 264.221(c) and
(d), 264.251(c) and (d), and 264.301(c) and (d) at the remediation waste
management site, according to the requirements of Sec. 264.19;
(10) Develop and maintain procedures to prevent accidents and a
contingency and emergency plan to control accidents that occur. These
procedures must address proper design, construction, maintenance, and
operation of remediation waste management units at the site. The goal of
the plan must be to minimize the possibility of, and the hazards from a
fire, explosion, or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil, or surface
water that could threaten human health or the environment. The plan must
explain specifically how to treat, store and dispose of the hazardous
remediation waste in question, and must be implemented immediately
whenever a fire, explosion, or release of hazardous waste or hazardous
waste constituents which could threaten human health or the environment;
(11) Designate at least one employee, either on the facility
premises or on call (that is, available to respond to an emergency by
reaching the facility quickly), to coordinate all emergency response
measures. This emergency coordinator must be thoroughly familiar with
all aspects of the facility's contingency plan, all operations and
activities at the facility, the location and characteristics of waste
handled, the location of all records within the facility, and the
facility layout. In addition, this person must have the authority to
commit the resources needed to carry out the contingency plan;
(12) Develop, maintain and implement a plan to meet the requirements
in paragraphs (j)(2) through (j)(6) and (j)(9) through (j)(10) of this
section; and
(13) Maintain records documenting compliance with paragraphs (j)(1)
through (j)(12) of this section.
[45 FR 33221, May 19, 1980, as amended at 45 FR 76075, Nov. 17, 1980; 45
FR 86968, Dec. 31, 1980; 46 FR 27480, May 20, 1981; 47 FR 8306, Feb. 25,
1982; 47 FR 32384, July 26, 1982; 48 FR 2511, Jan. 19, 1983; 48 FR
14294, Apr. 1, 1983; 50 FR 665, Jan. 4, 1985; 50 FR 28746, July 15,
1985; 52 FR 21016, June 4, 1987; 53 FR 27165, July 19, 1988; 58 FR
26424, May 3, 1993; 58 FR 29884, May 24, 1993; 59 FR 48042, Sept. 19,
1994; 60 FR 25542, May 11, 1995; 62 FR 6651, Feb. 12, 1997; 63 FR 65938,
Nov. 30, 1998; 64 FR 36487, July 6, 1999; 64 FR 37638, July 12, 1999]
Sec. 264.2 [Reserved]
Sec. 264.3 Relationship to interim status standards.
A facility owner or operator who has fully complied with the
requirements for interim status--as defined in section 3005(e) of RCRA
and regulations under Sec. 270.70 of this chapter--must comply with the
regulations specified in part 265 of this chapter in lieu of the
regulations in this part, until final administrative disposition of his
permit application is made, except as provided under 40 CFR part 264
subpart S.
[Comment: As stated in section 3005(a) of RCRA, after the effective
date of regulations under that section, i.e., parts 270 and 124 of this
chapter, the treatment, storage, or disposal of hazardous waste is
prohibited except in accordance with a permit. Section 3005(e) of RCRA
provides for the continued operation of an existing facility which meets
certain conditions until final administrative disposition of the owner's
or operator's permit application is made.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 58
FR 8683, Feb. 16, 1993]
Sec. 264.4 Imminent hazard action.
Notwithstanding any other provisions of these regulations,
enforcement actions may be brought purusant to section 7003 of RCRA.
[[Page 190]]
Subpart B--General Facility Standards
Sec. 264.10 Applicability.
(a) The regulations in this subpart apply to owners and operators of
all hazardous waste facilities, except as provided in Sec. 264.1 and in
paragraph (b) of this section.
(b) Section 264.18(b) applies only to facilities subject to
regulation under subparts I through O and subpart X of this part.
[46 FR 2848, Jan. 12, 1981, as amended at 52 FR 46963, Dec. 10, 1987]
Sec. 264.11 Identification number.
Every facility owner or operator must apply to EPA for an EPA
identification number in accordance with the EPA notification procedures
(45 FR 12746).
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Sec. 264.12 Required notices.
(a)(1) The owner or operator of a facility that has arranged to
receive hazardous waste from a foreign source must notify the Regional
Administrator in writing at least four weeks in advance of the date the
waste is expected to arrive at the facility. Notice of subsequent
shipments of the same waste from the same foreign source is not
required.
(2) The owner or operator of a recovery facility that has arranged
to receive hazardous waste subject to 40 CFR part 262, subpart H must
provide a copy of the tracking document bearing all required signatures
to the notifier, to the Office of Enforcement and Compliance Assurance,
Office of Compliance, Enforcement Planning, Targeting and Data Division
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC
20460; and to the competent authorities of all other concerned countries
within three working days of receipt of the shipment. The original of
the signed tracking document must be maintained at the facility for at
least three years.
(b) The owner or operator of a facility that receives hazardous
waste from an off-site source (except where the owner or operator is
also the generator) must inform the generator in writing that he has the
appropriate permit(s) for, and will accept, the waste the generator is
shipping. The owner or operator must keep a copy of this written notice
as part of the operating record.
(c) Before transferring ownership or operation of a facility during
its operating life, or of a disposal facility during the post-closure
care period, the owner or operator must notify the new owner or operator
in writing of the requirements of this part and part 270 of this
chapter.
[Comment: An owner's or operator's failure to notify the new owner or
operator of the requirements of this part in no way relieves the new
owner or operator of his obligation to comply with all applicable
requirements.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996]
Sec. 264.13 General waste analysis.
(a)(1) Before an owner or operator treats, stores, or disposes of
any hazardous wastes, or nonhazardous wastes if applicable under
Sec. 264.113(d), he must obtain a detailed chemical and physical
analysis of a representative sample of the wastes. At a minimum, the
analysis must contain all the information which must be known to treat,
store, or dispose of the waste in accordance with this part and part 268
of this chapter.
(2) The analysis may include data developed under part 261 of this
chapter, and existing published or documented data on the hazardous
waste or on hazardous waste generated from similar processes.
[1: For example, the facility's records of analyses performed on the
waste before the effective date of these regulations, or studies
conducted on hazardous waste generated from processes similar to that
which generated the waste to be managed at the facility, may be included
in the data base required to comply with paragraph (a)(1) of this
section. The owner or operator of an off-site facility may arrange for
the generator of the hazardous waste to supply part of the information
required by paragraph (a)(1) of this section, except as otherwise
specified in 40 CFR 268.7 (b) and (c). If the generator does not supply
the information, and the owner or operator chooses to accept a hazardous
waste, the owner or operator is responsible
[[Page 191]]
for obtaining the information required to comply with this section.]
(3) The analysis must be repeated as necessary to ensure that it is
accurate and up to date. At a minimum, the analysis must be repeated:
(i) When the owner or operator is notified, or has reason to
believe, that the process or operation generating the hazardous wastes,
or non-hazardous wastes if applicable under Sec. 264.113(d), has
changed; and
(ii) For off-site facilities, when the results of the inspection
required in paragraph (a)(4) of this section indicate that the hazardous
waste received at the facility does not match the waste designated on
the accompanying manifest or shipping paper.
(4) The owner or operator of an off-site facility must inspect and,
if necessary, analyze each hazardous waste movement received at the
facility to determine whether it matches the identity of the waste
specified on the accompanying manifest or shipping paper.
(b) The owner or operator must develop and follow a written waste
analysis plan which describes the procedures which he will carry out to
comply with paragraph (a) of this section. He must keep this plan at the
facility. At a minimum, the plan must specify:
(1) The parameters for which each hazardous waste, or non-hazardous
waste if applicable under Sec. 264.113(d), will be analyzed and the
rationale for the selection of these parameters (i.e., how analysis for
these parameters will provide sufficient information on the waste's
properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to test for these
parameters;
(3) The sampling method which will be used to obtain a
representative sample of the waste to be analyzed. A representative
sample may be obtained using either:
(i) One of the sampling methods described in appendix I of part 261
of this chapter; or
(ii) An equivalent sampling method.
[Comment: See Sec. 260.21 of this chapter for related discussion.]
(4) The frequency with which the initial analysis of the waste will
be reviewed or repeated to ensure that the analysis is accurate and up
to date; and
(5) For off-site facilities, the waste analyses that hazardous waste
generators have agreed to supply.
(6) Where applicable, the methods that will be used to meet the
additional waste analysis requirements for specific waste management
methods as specified in Secs. 264.17, 264.314, 264.341, 264.1034(d),
264.1063(d), 264.1083, and 268.7 of this chapter.
(7) For surface impoundments exempted from land disposal
restrictions under Sec. 268.4(a), the procedures and schedules for:
(i) The sampling of impoundment contents;
(ii) The analysis of test data; and,
(iii) The annual removal of residues which are not delisted under
Sec. 260.22 of this chapter or which exhibit a characteristic of
hazardous waste and either:
(A) Do not meet applicable treatment standards of part 268, subpart
D; or
(B) Where no treatment standards have been established;
(1) Such residues are prohibited from land disposal under
Sec. 268.32 or RCRA section 3004(d); or
(2) Such residues are prohibited from land disposal under
Sec. 268.33(f).
(8) For owners and operators seeking an exemption to the air
emission standards of subpart CC in accordance with Sec. 264.1082--
(i) If direct measurement is used for the waste determination, the
procedures and schedules for waste sampling and analysis, and the
results of the analysis of test data to verify the exemption.
(ii) If knowledge of the waste is used for the waste determination,
any information prepared by the facility owner or operator or by the
generator of the hazardous waste, if the waste is received from off-
site, that is used as the basis for knowledge of the waste.
(c) For off-site facilities, the waste analysis plan required in
paragraph (b) of this section must also specify the procedures which
will be used to in-spect and, if necessary, analyze each movement of
hazardous waste received at the facility to ensure that it matches the
identity of the waste designated on the accompanying manifest
[[Page 192]]
or shipping paper. At a minimum, the plan must describe:
(1) The procedures which will be used to determine the identity of
each movement of waste managed at the facility; and
(2) The sampling method which will be used to obtain a
representative sample of the waste to be identified, if the
identification method includes sampling.
(3) The procedures that the owner or operator of an off-site
landfill receiving containerized hazardous waste will use to determine
whether a hazardous waste generator or treater has added a biodegradable
sorbent to the waste in the container.
[Comment: Part 270 of this chapter requires that the waste analysis plan
be submitted with part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 50
FR 4514, Jan. 31, 1985; 51 FR 40637, Nov. 7, 1986; 53 FR 31211, Aug. 17,
1988; 54 FR 33394, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR
25494, June 21, 1990; 57 FR 8088, Mar. 6, 1992; 57 FR 54460, Nov. 18,
1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996]
Sec. 264.14 Security.
(a) The owner or operator must prevent the unknowing entry, and
minimize the possibility for the unauthorized entry, of persons or
livestock onto the active portion of his facility, unless he can
demonstrate to the Regional Administrator that:
(1) Physical contact with the waste, structures, or equipment within
the active portion of the facility will not injure unknowing or
unauthorized persons or livestock which may enter the active portion of
a facility; and
(2) Disturbance of the waste or equipment, by the unknowing or
unauthorized entry of persons or livestock onto the active portion of a
facility, will not cause a violation of the requirements of this part.
[Comment: Part 270 of this chapter requires that an owner or operator
who wishes to make the demonstration referred to above must do so with
part B of the permit application.]
(b) Unless the owner or operator has made a successful demonstration
under paragraphs (a) (1) and (2) of this section, a facility must have:
(1) A 24-hour surveillance system (e.g., television monitoring or
surveillance by guards or facility personnel) which continuously
monitors and controls entry onto the active portion of the facility; or
(2)(i) An artificial or natural barrier (e.g., a fence in good
repair or a fence combined with a cliff), which completely surrounds the
active portion of the facility; and
(ii) A means to control entry, at all times, through the gates or
other entrances to the active portion of the facility (e.g., an
attendant, television monitors, locked entrance, or controlled roadway
access to the facility).
[Comment: The requirements of paragraph (b) of this section are
satisfied if the facility or plant within which the active portion is
located itself has a surveillance system, or a barrier and a means to
control entry, which complies with the requirements of paragraph (b) (1)
or (2) of this section.]
(c) Unless the owner or operator has made a successful demonstration
under paragraphs (a) (1) and (2) of this section, a sign with the
legend, ``Danger--Unauthorized Personnel Keep Out'', must be posted at
each entrance to the active portion of a facility, and at other
locations, in sufficient numbers to be seen from any approach to this
active portion. The legend must be written in English and in any other
language predominant in the area surrounding the facility (e.g.,
facilities in counties bordering the Canadian province of Quebec must
post signs in French; facilities in counties bordering Mexico must post
signs in Spanish), and must be legible from a distance of at least 25
feet. Existing signs with a legend other than ``Danger--Unauthorized
Personnel Keep Out'' may be used if the legend on the sign indicates
that only authorized personnel are allowed to enter the active portion,
and that entry onto the active portion can be dangerous.
[Comment: See Sec. 264.117(b) for discussion of security requirements at
disposal facilities during the post-closure care period.]
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48
FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985]
[[Page 193]]
Sec. 264.15 General inspection requirements.
(a) The owner or operator must inspect his facility for malfunctions
and deterioration, operator errors, and discharges which may be
causing--or may lead to--(1) release of hazardous waste constituents to
the environment or (2) a threat to human health. The owner or operator
must conduct these inspections often enough to identify problems in time
to correct them before they harm human health or the environment.
(b)(1) The owner or operator must develop and follow a written
schedule for inspecting monitoring equipment, safety and emergency
equipment, security devices, and operating and structural equipment
(such as dikes and sump pumps) that are important to preventing,
detecting, or responding to environmental or human health hazards.
(2) He must keep this schedule at the facility.
(3) The schedule must identify the types of problems (e.g.,
malfunctions or deterioration) which are to be looked for during the
inspection (e.g., inoperative sump pump, leaking fitting, eroding dike,
etc.).
(4) The frequency of inspection may vary for the items on the
schedule. However, the frequency should be based on the rate of
deterioration of the equipment and the probability of an environmental
or human health incident if the deterioration, malfunction, or any
operator error goes undetected between inspections. Areas subject to
spills, such as loading and unloading areas, must be inspected daily
when in use. At a minimum, the inspection schedule must include the
items and frequencies called for in Secs. 264.174, 264.193, 264.195,
264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033,
264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of this
part, where applicable.
[Comment: Part 270 of this chapter requires the inspection schedule to
be submitted with part B of the permit application. EPA will evaluate
the schedule along with the rest of the application to ensure that it
adequately protects human health and the environment. As part of this
review, EPA may modify or amend the schedule as may be necessary.]
(c) The owner or operator must remedy any deterioration or
malfunction of equipment or structures which the inspection reveals on a
schedule which ensures that the problem does not lead to an
environmental or human health hazard. Where a hazard is imminent or has
already occurred, remedial action must be taken immediately.
(d) The owner or operator must record inspections in an inspection
log or summary. He must keep these records for at least three years from
the date of inspection. At a minimum, these records must include the
date and time of the inspection, the name of the inspector, a notation
of the observations made, and the date and nature of any repairs or
other remedial actions.
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 4514, Jan. 31, 1985; 57 FR 3486, Jan. 29, 1992; 59 FR 62926, Dec. 6,
1994; 62 FR 64656, Dec. 8, 1997]
Sec. 264.16 Personnel training.
(a)(1) Facility personnel must successfully complete a program of
classroom instruction or on-the-job training that teaches them to
perform their duties in a way that ensures the facility's compliance
with the requirements of this part. The owner or operator must ensure
that this program includes all the elements described in the document
required under paragraph (d)(3) of this section.
[Comment: Part 270 of this chapter requires that owners and operators
submit with part B of the RCRA permit application, an outline of the
training program used (or to be used) at the facility and a brief
description of how the training program is designed to meet actual job
tasks.]
(2) This program must be directed by a person trained in hazardous
waste management procedures, and must include instruction which teaches
facility personnel hazardous waste management procedures (including
contingency plan implementation) relevant to the positions in which they
are employed.
(3) At a minimum, the training program must be designed to ensure
that facility personnel are able to respond effectively to emergencies
by familiarizing them with emergency procedures, emergency equipment,
and emergency systems, including, where applicable:
[[Page 194]]
(i) Procedures for using, inspecting, repairing, and replacing
facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed cut-off systems;
(iii) Communications or alarm systems;
(iv) Response to fires or explosions;
(v) Response to ground-water contamination incidents; and
(vi) Shutdown of operations.
(b) Facility personnel must successfully complete the program
required in paragraph (a) of this section within six months after the
effective date of these regulations or six months after the date of
their employment or assignment to a facility, or to a new position at a
facility, whichever is later. Employees hired after the effective date
of these regulations must not work in unsupervised positions until they
have completed the training requirements of paragraph (a) of this
section.
(c) Facility personnel must take part in an annual review of the
initial training required in paragraph (a) of this section.
(d) The owner or operator must maintain the following documents and
records at the facility:
(1) The job title for each position at the facility related to
hazardous waste management, and the name of the employee filling each
job;
(2) A written job description for each position listed under
paragraph (d)(1) of this section. This description may be consistent in
its degree of specificity with descriptions for other similar positions
in the same company location or bargaining unit, but must include the
requisite skill, education, or other qualifications, and duties of
employees assigned to each position;
(3) A written description of the type and amount of both
introductory and continuing training that will be given to each person
filling a position listed under paragraph (d)(1) of this section;
(4) Records that document that the training or job experience
required under paragraphs (a), (b), and (c) of this section has been
given to, and completed by, facility personnel.
(e) Training records on current personnel must be kept until closure
of the facility; training records on former employees must be kept for
at least three years from the date the employee last worked at the
facility. Personnel training records may accompany personnel transferred
within the same company.
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48
FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985]
Sec. 264.17 General requirements for ignitable, reactive, or incompatible wastes.
(a) The owner or operator must take precautions to prevent
accidental ignition or reaction of ignitable or reactive waste. This
waste must be separated and protected from sources of ignition or
reaction including but not limited to: open flames, smoking, cutting and
welding, hot surfaces, frictional heat, sparks (static, electrical, or
mechanical), spontaneous ignition (e.g., from heat-producing chemical
reactions), and radiant heat. While ignitable or reactive waste is being
handled, the owner or operator must confine smoking and open flame to
specially designated locations. ``No Smoking'' signs must be
conspicuously placed wherever there is a hazard from ignitable or
reactive waste.
(b) Where specifically required by other sections of this part, the
owner or operator of a facility that treats, stores or disposes
ignitable or reactive waste, or mixes incompatible waste or incompatible
wastes and other materials, must take precautions to prevent reactons
which:
(1) Generate extreme heat or pressure, fire or explosions, or
violent reactions;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in
sufficient quantities to threaten human health or the environment;
(3) Produce uncontrolled flammable fumes or gases in sufficient
quantities to pose a risk of fire or explosions;
(4) Damage the structural integrity of the device or facility;
(5) Through other like means threaten human health or the
environment.
(c) When required to comply with paragraph (a) or (b) of this
section, the owner or operator must document that compliance. This
documentation may be based on references to published scientific or
engineering literature, data
[[Page 195]]
from trial tests (e.g., bench scale or pilot scale tests), waste
analyses (as specified in Sec. 264.13), or the results of the treatment
of similar wastes by similar treatment processes and under similar
operating conditions.
[46 FR 2848, Jan. 12, 1981, as amended at 50 FR 4514, Jan. 31, 1985]
Sec. 264.18 Location standards.
(a) Seismic considerations. (1) Portions of new facilities where
treatment, storage, or disposal of hazardous waste will be conducted
must not be located within 61 meters (200 feet) of a fault which has had
displacement in Holocene time.
(2) As used in paragraph (a)(1) of this section:
(i) ``Fault'' means a fracture along which rocks on one side have
been displaced with respect to those on the other side.
(ii) ``Displacement'' means the relative movement of any two sides
of a fault measured in any direction.
(iii) ``Holocene'' means the most recent epoch of the Quarternary
period, extending from the end of the Pleistocene to the present.
[Comment: Procedures for demonstrating compliance with this standard in
part B of the permit application are specified in Sec. 270.14(b)(11).
Facilities which are located in political jurisdictions other than those
listed in appendix VI of this part, are assumed to be in compliance with
this requirement.]
(b) Floodplains. (1) A facility located in a 100-year floodplain
must be designed, constructed, operated, and maintained to prevent
washout or any hazardous waste by a 100-year flood, unless the owner or
operator can demonstrate to the Regional Administrator's satisfaction
that:
(i) Procedures are in effect which will cause the waste to be
removed safely, before flood waters can reach the facility, to a
location where the wastes will not be vulnerable to flood waters; or
(ii) For existing surface impoundments, waste piles, land treatment
units, landfills, and miscellaneous units, no adverse effects on human
health or the environment will result if washout occurs, considering:
(A) The volume and physical and chemical characteristics of the
waste in the facility;
(B) The concentration of hazardous constituents that would
potentially affect surface waters as a result of washout;
(C) The impact of such concentrations on the current or potential
uses of and water quality standards established for the affected surface
waters; and
(D) The impact of hazardous constituents on the sediments of
affected surface waters or the soils of the 100- year floodplain that
could result from washout.
[Comment: The location where wastes are moved must be a facility which
is either permitted by EPA under part 270 of this chapter, authorized to
manage hazardous waste by a State with a hazardous waste management
program authorized under part 271 of this chapter, or in interim status
under parts 270 and 265 of this chapter.]
(2) As used in paragraph (b)(1) of this section:
(i) ``100-year floodplain'' means any land area which is subject to
a one percent or greater chance of flooding in any given year from any
source.
(ii) ``Washout'' means the movement of hazardous waste from the
active portion of the facility as a result of flooding.
(iii) ``100-year flood'' means a flood that has a one percent chance
of being equalled or exeeded in any given year.
[Comment: (1) Requirements pertaining to other Federal laws which affect
the location and permitting of facilities are found in Sec. 270.3 of
this chapter. For details relative to these laws, see EPA's manual for
SEA (special environmental area) requirements for hazardous waste
facility permits. Though EPA is responsible for complying with these
requirements, applicants are advised to consider them in planning the
location of a facility to help prevent subsequent project delays.]
(c) Salt dome formations, salt bed formations, underground mines and
caves. The placement of any noncontainerized or bulk liquid hazardous
waste in any salt dome formation, salt bed formation, underground mine
or cave is prohibited, except for the Department of
[[Page 196]]
Energy Waste Isolation Pilot Project in New Mexico.
[46 FR 2848, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48
FR 14294, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31,
1985; 50 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, 1987]
Sec. 264.19 Construction quality assurance program.
(a) CQA program. (1) A construction quality assurance (CQA) program
is required for all surface impoundment, waste pile, and landfill units
that are required to comply with Secs. 264.221 (c) and (d), 264.251 (c)
and (d), and 264.301 (c) and (d). The program must ensure that the
constructed unit meets or exceeds all design criteria and specifications
in the permit. The program must be developed and implemented under the
direction of a CQA officer who is a registered professional engineer.
(2) The CQA program must address the following physical components,
where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane liners);
(v) Leachate collection and removal systems and leak detection
systems; and
(vi) Final cover systems.
(b) Written CQA plan. The owner or operator of units subject to the
CQA program under paragraph (a) of this section must develop and
implement a written CQA plan. The plan must identify steps that will be
used to monitor and document the quality of materials and the condition
and manner of their installation. The CQA plan must include:
(1) Identification of applicable units, and a description of how
they will be constructed.
(2) Identification of key personnel in the development and
implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for all unit
components identified in paragraph (a)(2) of this section, including
observations and tests that will be used before, during, and after
construction to ensure that the construction materials and the installed
unit components meet the design specifications. The description must
cover: Sampling size and locations; frequency of testing; data
evaluation procedures; acceptance and rejection criteria for
construction materials; plans for implementing corrective measures; and
data or other information to be recorded and retained in the operating
record under Sec. 264.73.
(c) Contents of program. (1) The CQA program must include
observations, inspections, tests, and measurements sufficient to ensure:
(i) Structural stability and integrity of all components of the unit
identified in paragraph (a)(2) of this section;
(ii) Proper construction of all components of the liners, leachate
collection and removal system, leak detection system, and final cover
system, according to permit specifications and good engineering
practices, and proper installation of all components (e.g., pipes)
according to design specifications;
(iii) Conformity of all materials used with design and other
material specifications under Secs. 264.221, 264.251, and 264.301.
(2) The CQA program shall include test fills for compacted soil
liners, using the same compaction methods as in the full scale unit, to
ensure that the liners are constructed to meet the hydraulic
conductivity requirements of Secs. 264.221(c)(1)(i)(B),
264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. Compliance
with the hydraulic conductivity requirements must be verified by using
in-situ testing on the constructed test fill. The Regional Administrator
may accept an alternative demonstration, in lieu of a test fill, where
data are sufficient to show that a constructed soil liner will meet the
hydraulic conductivity requirements of Secs. 264.221(c)(1)(i)(B),
264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field.
(d) Certification. Waste shall not be received in a unit subject to
Sec. 264.19 until the owner or operator has submitted to the Regional
Administrator by certified mail or hand delivery a certification signed
by the CQA officer that the approved CQA plan has been successfully
carried out and that the unit meets the requirements of Secs. 264.221
(c) or (d), 264.251 (c) or (d), or
[[Page 197]]
264.301 (c) or (d); and the procedure in Sec. 270.30(l)(2)(ii) of this
chapter has been completed. Documentation supporting the CQA officer's
certification must be furnished to the Regional Administrator upon
request.
[57 FR 3486, Jan. 29, 1992]
Subpart C--Preparedness and Prevention
Sec. 264.30 Applicability.
The regulations in this subpart apply to owners and operators of all
hazardous waste facilities, except as Sec. 264.1 provides otherwise.
Sec. 264.31 Design and operation of facility.
Facilities must be designed, constructed, maintained, and operated
to minimize the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water which could threaten human
health or the environment.
Sec. 264.32 Required equipment.
All facilities must be equipped with the following, unless it can be
demonstrated to the Regional Administrator that none of the hazards
posed by waste handled at the facility could require a particular kind
of equipment specified below:
(a) An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to facility personnel;
(b) A device, such as a telephone (immediately available at the
scene of operations) or a hand-held two-way radio, capable of summoning
emergency assistance from local police departments, fire departments, or
State or local emergency response teams;
(c) Portable fire extinguishers, fire control equipment (including
special extinguishing equipment, such as that using foam, inert gas, or
dry chemicals), spill control equipment, and decontamination equipment;
and
(d) Water at adequate volume and pressure to supply water hose
streams, or foam producing equipment, or automatic sprinklers, or water
spray systems.
[Comment: Part 270 of this chapter requires that an owner or operator
who wishes to make the demonstration referred to above must do so with
part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.33 Testing and maintenance of equipment.
All facility communications or alarm systems, fire protection
equipment, spill control equipment, and decontamination equipment, where
required, must be tested and maintained as necessary to assure its
proper operation in time of emergency.
Sec. 264.34 Access to communications or alarm system.
(a) Whenever hazardous waste is being poured, mixed, spread, or
otherwise handled, all personnel involved in the operation must have
immediate access to an internal alarm or emergency communication device,
either directly or through visual or voice contact with another
employee, unless the Regional Administrator has ruled that such a device
is not required under Sec. 264.32.
(b) If there is ever just one employee on the premises while the
facility is operating, he must have immediate access to a device, such
as a telephone (immediately available at the scene of operation) or a
hand-held two-way radio, capable of summoning external emergency
assistance, unless the Regional Administrator has ruled that such a
device is not required under Sec. 264.32.
Sec. 264.35 Required aisle space.
The owner or operator must maintain aisle space to allow the
unobstructed movement of personnel, fire protection equipment, spill
control equipment, and decontamination equipment to any area of facility
operation in an emergency, unless it can be demonstrated to the Regional
Administrator that aisle space is not needed for any of these purposes.
[Comment: Part 270 of this chapter requires that an owner or operator
who wishes to make the demonstration referred to above
[[Page 198]]
must do so with part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.36 [Reserved]
Sec. 264.37 Arrangements with local authorities.
(a) The owner or operator must attempt to make the following
arrangements, as appropriate for the type of waste handled at his
facility and the potential need for the services of these organizations:
(1) Arrangements to familiarize police, fire departments, and
emergency response teams with the layout of the facility, properties of
hazardous waste handled at the facility and associated hazards, places
where facility personnel would normally be working, entrances to and
roads inside the facility, and possible evacuation routes;
(2) Where more than one police and fire department might respond to
an emergency, agreements designating primary emergency authority to a
specific police and a specific fire department, and agreements with any
others to provide support to the primary emergency authority;
(3) Agreements with State emergency response teams, emergency
response contractors, and equipment suppliers; and
(4) Arrangements to familiarize local hospitals with the properties
of hazardous waste handled at the facility and the types of injuries or
illnesses which could result from fires, explosions, or releases at the
facility.
(b) Where State or local authorities decline to enter into such
arrangements, the owner or operator must document the refusal in the
operating record.
Subpart D--Contingency Plan and Emergency Procedures
Sec. 264.50 Applicability.
The regulations in this subpart apply to owners and operators of all
hazardous waste facilities, except as Sec. 264.1 provides otherwise.
Sec. 264.51 Purpose and implementation of contingency plan.
(a) Each owner or operator must have a contingency plan for his
facility. The contingency plan must be designed to minimize hazards to
human health or the environment from fires, explosions, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water.
(b) The provisions of the plan must be carried out immediately
whenever there is a fire, explosion, or release of hazardous waste or
hazardous waste constituents which could threaten human health or the
environment.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Sec. 264.52 Content of contingency plan.
(a) The contingency plan must describe the actions facility
personnel must take to comply with Secs. 264.51 and 264.56 in response
to fires, explosions, or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil, or surface
water at the facility.
(b) If the owner or operator has already prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with
part 112 of this chapter, or part 1510 of chapter V, or some other
emergency or contingency plan, he need only amend that plan to
incorporate hazardous waste management provisions that are sufficient to
comply with the requirements of this part.
(c) The plan must describe arrangements agreed to by local police
departments, fire departments, hospitals, contractors, and State and
local emergency response teams to coordinate emergency services,
pursuant to Sec. 264.37.
(d) The plan must list names, addresses, and phone numbers (office
and home) of all persons qualified to act as emergency coordinator (see
Sec. 264.55), and this list must be kept up to date. Where more than one
person is listed, one must be named as primary emergency coordinator and
others must be listed in the order in which they will assume
responsibility as alternates. For new facilities, this information
[[Page 199]]
must be supplied to the Regional Administrator at the time of
certification, rather than at the time of permit application.
(e) The plan must include a list of all emergency equipment at the
facility (such as fire extinguishing systems, spill control equipment,
communications and alarm systems (internal and external), and
decontamination equipment), where this equipment is required. This list
must be kept up to date. In addition, the plan must include the location
and a physical description of each item on the list, and a brief outline
of its capabilities.
(f) The plan must include an evacuation plan for facility personnel
where there is a possibility that evacuation could be necessary. This
plan must describe signal(s) to be used to begin evacuation, evacuation
routes, and alternate evacuation routes (in cases where the primary
routes could be blocked by releases of hazardous waste or fires).
[45 FR 33221, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50
FR 4514, Jan. 31, 1985]
Sec. 264.53 Copies of contingency plan.
A copy of the contingency plan and all revisions to the plan must
be:
(a) Maintained at the facility; and
(b) Submitted to all local police departments, fire departments,
hospitals, and State and local emergency response teams that may be
called upon to provide emergency services.
[Comment: The contingency plan must be submitted to the Regional
Administrator with Part B of the permit application under part 270, of
this chapter and, after modification or approval, will become a
condition of any permit issued.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 30115, June 30, 1983; 50
FR 4514, Jan. 31, 1985]
Sec. 264.54 Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended, if
necessary, whenever:
(a) The facility permit is revised;
(b) The plan fails in an emergency;
(c) The facility changes--in its design, construction, operation,
maintenance, or other circumstances--in a way that materially increases
the potential for fires, explosions, or releases of hazardous waste or
hazardous waste constituents, or changes the response necessary in an
emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 53
FR 37935, Sept. 28, 1988]
Sec. 264.55 Emergency coordinator.
At all times, there must be at least one employee either on the
facility premises or on call (i.e., available to respond to an emergency
by reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures. This
emergency coordinator must be thoroughly familiar with all aspects of
the facility's contingency plan, all operations and activities at the
facility, the location and characteristics of waste handled, the
location of all records within the facility, and the facility layout. In
addition, this person must have the authority to commit the resources
needed to carry out the contingency plan.
[Comment: The emergency coordinator's responsibilities are more fully
spelled out in Sec. 264.56. Applicable responsibilities for the
emergency coordinator vary, depending on factors such as type and
variety of waste(s) handled by the facility, and type and complexity of
the facility.]
Sec. 264.56 Emergency procedures.
(a) Whenever there is an imminent or actual emergency situation, the
emergency coordinator (or his designee when the emergency coordinator is
on call) must immediately:
(1) Activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and
(2) Notify appropriate State or local agencies with designated
response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency
coordinator must immediately identify the character, exact source,
amount, and areal extent of any released materials.
[[Page 200]]
He may do this by observation or review of facility records or
manifests, and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator must assess possible
hazards to human health or the environment that may result from the
release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the
effects of any toxic, irritating, or asphyxiating gases that are
generated, or the effects of any hazardous surface water run-off from
water or chemical agents used to control fire and heat-induced
explosions).
(d) If the emergency coordinator determines that the facility has
had a release, fire, or explosion which could threaten human health, or
the environment, outside the facility, he must report his findings as
follows:
(1) If his assessment indicates that evacuation of local areas may
be advisable, he must immediately notify appropriate local authorities.
He must be available to help appropriate officials decide whether local
areas should be evacuated; and
(2) He must immediately notify either the government official
designated as the on-scene coordinator for that geographical area, (in
the applicable regional contingency plan under part 1510 of this title)
or the National Response Center (using their 24-hour toll free number
800/424-8802). The report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g., release, fire);
(iv) Name and quantity of material(s) involved, to the extent known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human health, or the environment,
outside the facility.
(e) During an emergency, the emergency coordinator must take all
reasonable measures necessary to ensure that fires, explosions, and
releases do not occur, recur, or spread to other hazardous waste at the
facility. These measures must include, where applicable, stopping
processes and operations, collecting and containing release waste, and
removing or isolating containers.
(f) If the facility stops operations in response to a fire,
explosion, or release, the emergency coordinator must monitor for leaks,
pressure buildup, gas generation, or ruptures in valves, pipes, or other
equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator must
provide for treating, storing, or disposing of recovered waste,
contaminated soil or surface water, or any other material that results
from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can demonstrate, in accordance
with Sec. 261.3(c) or (d) of this chapter, that the recovered material
is not a hazardous waste, the owner or operator becomes a generator of
hazardous waste and must manage it in accordance with all applicable
requirements of parts 262, 263, and 264 of this chapter.]
(h) The emergency coordinator must ensure that, in the affected
area(s) of the facility:
(1) No waste that may be incompatible with the released material is
treated, stored, or disposed of until cleanup procedures are completed;
and
(2) All emergency equipment listed in the contingency plan is
cleaned and fit for its intended use before operations are resumed.
(i) The owner or operator must notify the Regional Administrator,
and appropriate State and local authorities, that the facility is in
compliance with paragraph (h) of this section before operations are
resumed in the affected area(s) of the facility.
(j) The owner or operator must note in the operating record the
time, date, and details of any incident that requires implementing the
contingency plan. Within 15 days after the incident, he must submit a
written report on the incident to the Regional Administrator. The report
must include:
(1) Name, address, and telephone number of the owner or operator;
(2) Name, address, and telephone number of the facility;
(3) Date, time, and type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s) involved;
(5) The extent of injuries, if any;
[[Page 201]]
(6) An assessment of actual or potential hazards to human health or
the environment, where this is applicable; and
(7) Estimated quantity and disposition of recovered material that
resulted from the incident.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Subpart E--Manifest System, Recordkeeping, and Reporting
Sec. 264.70 Applicability.
The regulations in this subpart apply to owners and operators of
both on-site and off-site facilities, except as Sec. 264.1 provides
otherwise. Sections 264.71, 264.72, and 264.76 do not apply to owners
and operators of on-site facilities that do not receive any hazardous
waste from off-site sources, and to owners and operators of off-site
facilities with respect to waste military munitions exempted from
manifest requirements under 40 CFR 266.203(a). Section 264.73(b) only
applies to permittees who treat, store, or dispose of hazardous wastes
on-site where such wastes were generated.
[62 FR 6652, Feb. 12, 1997]
Sec. 264.71 Use of manifest system.
(a) If a facility receives hazardous waste accompanied by a
manifest, the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest to certify that the
hazardous waste covered by the manifest was received;
(2) Note any significant discrepancies in the manifest (as defined
in Sec. 264.72(a)) on each copy of the manifest;
[Comment: The Agency does not intend that the owner or operator of a
facility whose procedures under Sec. 264.13(c) include waste analysis
must perform that analysis before signing the manifest and giving it to
the transporter. Section 264.72(b), however, requires reporting an
unreconciled discrepancy discovered during later analysis.]
(3) Immediately give the transporter at least one copy of the signed
manifest;
(4) Within 30 days after the delivery, send a copy of the manifest
to the generator; and
(5) Retain at the facility a copy of each manifest for at least
three years from the date of delivery.
(b) If a facility receives, from a rail or water (bulk shipment)
transporter, hazardous waste which is accompanied by a shipping paper
containing all the information required on the manifest (excluding the
EPA identification numbers, generator's certification, and signatures),
the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest or shipping paper (if
the manifest has not been received) to certify that the hazardous waste
covered by the manifest or shipping paper was received;
(2) Note any significant discrepancies (as defined in
Sec. 264.72(a)) in the manifest or shipping paper (if the manifest has
not been received) on each copy of the manifest or shipping paper.
[Comment: The Agency does not intend that the owner or operator of a
facility whose procedures under Sec. 264.13(c) include waste analysis
must perform that analysis before signing the shipping paper and giving
it to the transporter. Section 264.72(b), however, requires reporting an
unreconciled discrepancy discovered during later analysis.]
(3) Immediately give the rail or water (bulk shipment) transporter
at least one copy of the manifest or shipping paper (if the manifest has
not been received);
(4) Within 30 days after the delivery, send a copy of the signed and
dated manifest to the generator; however, if the manifest has not been
received within 30 days after delivery, the owner or operator, or his
agent, must send a copy of the shipping paper signed and dated to the
generator; and
[Comment: Section 262.23(c) of this chapter requires the generator to
send three copies of the manifest to the facility when hazardous waste
is sent by rail or water (bulk shipment).]
(5) Retain at the facility a copy of the manifest and shipping paper
(if signed in lieu of the manifest at the time of delivery) for at least
three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a
facility, the owner or operator of that facility must
[[Page 202]]
comply with the requirements of part 262 of this chapter.
[Comment: The provisions of Sec. 262.34 are applicable to the on-site
accumulation of hazardous wastes by generators. Therefore, the
provisions of Sec. 262.34 only apply to owners or operators who are
shipping hazardous waste which they generated at that facility.]
(d) Within three working days of the receipt of a shipment subject
to 40 CFR part 262, subpart H, the owner or operator of the facility
must provide a copy of the tracking document bearing all required
signatures to the notifier, to the Office of Enforcement and Compliance
Assurance, Office of Compliance, Enforcement Planning, Targeting and
Data Division (2222A), Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460, and to competent authorities of all other
concerned countries. The original copy of the tracking document must be
maintained at the facility for at least three years from the date of
signature.
[45 FR 33221, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31,
1980; 61 FR 16315, Apr. 12, 1996]
Sec. 264.72 Manifest discrepancies.
(a) Manifest discrepancies are differences between the quantity or
type of hazardous waste designated on the manifest or shipping paper,
and the quantity or type of hazardous waste a facility actually
receives. Significant discrepancies in quantity are:
(1) For bulk waste, variations greater than 10 percent in weight,
and (2) for batch waste, any variation in piece count, such as a
discrepancy of one drum in a truckload. Significant discrepancies in
type are obvious differences which can be discovered by inspection or
waste analysis, such as waste solvent substituted for waste acid, or
toxic constituents not reported on the manifest or shipping paper.
(b) Upon discovering a significant discrepancy, the owner or
operator must attempt to reconcile the discrepancy with the waste
generator or transporter (e.g., with telephone conversations). If the
discrepancy is not resolved within 15 days after receiving the waste,
the owner or operator must immediately submit to the Regional
Administrator a letter describing the discrepancy and attempts to
reconcile it, and a copy of the manifest or shipping paper at issue.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Sec. 264.73 Operating record.
(a) The owner or operator must keep a written operating record at
his facility.
(b) The following information must be recorded, as it becomes
available, and maintained in the operating record until closure of the
facility:
(1) A description and the quantity of each hazardous waste received,
and the method(s) and date(s) of its treatment, storage, or disposal at
the facility as required by appendix I;
(2) The location of each hazardous waste within the facility and the
quantity at each location. For disposal facilities, the location and
quantity of each hazardous waste must be recorded on a map or diagram of
each cell or disposal area. For all facilities, this information must
include cross-references to specific manifest document numbers, if the
waste was accompanied by a manifest;
[Comment: See Sec. 264.119 for related requirements.]
(3) Records and results of waste analyses and waste determinations
performed as specified in Secs. 264.13, 264.17, 264.314, 264.341,
264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this chapter.
(4) Summary reports and details of all incidents that require
implementing the contingency plan as specified in Sec. 264.56(j);
(5) Records and results of inspections as required by Sec. 264.15(d)
(except these data need be kept only three years);
(6) Monitoring, testing or analytical data, and corrective action
where required by subpart F of this part and Secs. 264.19, 264.191,
264.193, 264.195, 264.222, 264.223, 264.226, 264.252--264.254, 264.276,
264.278, 264.280, 264.302--264.304, 264.309, 264.347, 264.602,
264.1034(c)--264.1034(f), 264.1035, 264.1063(d)--264.1063(i), 264.1064,
and 264.1082 through 264.1090 of this part.
(7) For off-site facilities, notices to generators as specified in
Sec. 264.12(b); and
[[Page 203]]
(8) All closure cost estimates under Sec. 264.142, and, for disposal
facilities, all post-closure cost estimates under Sec. 264.144.
(9) A certification by the permittee no less often than annually,
that the permittee has a program in place to reduce the volume and
toxicity of hazardous waste that he generates to the degree determined
by the permittee to be economically practicable; and the proposed method
of treatment, storage or disposal is that practicable method currently
available to the permittee which minimizes the present and future threat
to human health and the environment.
(10) Records of the quantities (and date of placement) for each
shipment of hazardous waste placed in land disposal units under an
extension to the effective date of any land disposal restriction granted
pursuant to Sec. 268.5, a petition pursuant to Sec. 268.6, or a
certification under Sec. 268.8, and the applicable notice required by a
generator under Sec. 268.7(a);
(11) For an off-site treatment facility, a copy of the notice, and
the certification and demonstration, if applicable, required by the
generator or the owner or operator under Sec. 268.7 or Sec. 268.8;
(12) For an on-site treatment facility, the information contained in
the notice (except the manifest number), and the certification and
demonstration if applicable, required by the generator or the owner or
operator under Sec. 268.7 or Sec. 268.8;
(13) For an off-site land disposal facility, a copy of the notice,
and the certification and demonstration if applicable, required by the
generator or the owner or operator of a treatment facility under
Secs. 268.7 and 268.8, whichever is applicable; and
(14) For an on-site land disposal facility, the information
contained in the notice required by the generator or owner or operator
of a treatment facility under Sec. 268.7, except for the manifest
number, and the certification and demonstration if applicable, required
under Sec. 268.8, whichever is applicable.
(15) For an off-site storage facility, a copy of the notice, and the
certification and demonstration if applicable, required by the generator
or the owner or operator under Sec. 268.7 or Sec. 268.8; and
(16) For an on-site storage facility, the information contained in
the notice (except the manifest number), and the certification and
demonstration if applicable, required by the generator or the owner or
operator under Sec. 268.7 or Sec. 268.8.
(17) Any records required under Sec. 264.1(j)(13).
[45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 46
FR 7678, Jan. 23, 1981; 50 FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30,
1985; 50 FR 28746, July 15, 1985; 51 FR 40637, Nov. 7, 1986; 52 FR
21016, June 4, 1987; 53 FR 31211, Aug. 17, 1988; 54 FR 26647, June 23,
1989; 55 FR 25494, June 21, 1990; 57 FR 3487, Jan. 29, 1992; 59 FR
62926, Dec. 6, 1994; 62 FR 64656, Dec. 8, 1997; 63 FR 65938, Nov. 30,
1998]
Sec. 264.74 Availability, retention, and disposition of records.
(a) All records, including plans, required under this part must be
furnished upon request, and made available at all reasonable times for
inspection, by any officer, employee, or representative of EPA who is
duly designated by the Administrator.
(b) The retention period for all records required under this part is
extended automatically during the course of any unresolved enforcement
action regarding the facility or as requested by the Administrator.
(c) A copy of records of waste disposal locations and quantities
under Sec. 264.73(b)(2) must be submitted to the Regional Administrator
and local land authority upon closure of the facility.
Sec. 264.75 Biennial report.
The owner or operator must prepare and submit a single copy of a
biennial report to the Regional Administrator by March 1 of each even
numbered year. The biennial report must be submitted on EPA form 8700-
13B. The report must cover facility activities during the previous
calendar year and must include:
(a) The EPA identification number, name, and address of the
facility;
(b) The calendar year covered by the report;
(c) For off-site facilities, the EPA identification number of each
hazardous waste generator from which the facility received a hazardous
waste
[[Page 204]]
during the year; for imported shipments, the report must give the name
and address of the foreign generator;
(d) A description and the quantity of each hazardous waste the
facility received during the year. For off-site facilities, this
information must be listed by EPA identification number of each
generator;
(e) The method of treatment, storage, or disposal for each hazardous
waste;
(f) [Reserved]
(g) The most recent closure cost estimate under Sec. 264.142, and,
for disposal facilities, the most recent post-closure cost estimate
under Sec. 264.144; and
(h) For generators who treat, store, or dispose of hazardous waste
on-site, a description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated.
(i) For generators who treat, store, or dispose of hazardous waste
on-site, a description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous years to the
extent such information is available for the years prior to 1984.
(j) The certification signed by the owner or operator of the
facility or his authorized representative.
[45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 48
FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, 1985; 51 FR 28556, Aug. 8,
1986]
Sec. 264.76 Unmanifested waste report.
If a facility accepts for treatment, storage, or disposal any
hazardous waste from an off-site source without an accompanying
manifest, or without an accompanying shipping paper as described in
Sec. 263.20(e)(2) of this chapter, and if the waste is not excluded from
the manifest requirement by Sec. 261.5 of this chapter, then the owner
or operator must prepare and submit a single copy of a report to the
Regional Administrator within fifteen days after receiving the waste.
The unmanifested waste report must be submitted on EPA form 8700-13B.
Such report must be designated `Unmanifested Waste Report' and include
the following information:
(a) The EPA identification number, name, and address of the
facility;
(b) The date the facility received the waste;
(c) The EPA identification number, name, and address of the
generator and the transporter, if available;
(d) A description and the quantity of each unmanifested hazardous
waste and facility received;
(e) The method of treatment, storage, or disposal for each hazardous
waste;
(f) The certification signed by the owner or operator of the
facility or his authorized representative; and
(g) A brief explanation of why the waste was unmanifested, if known.
[Comment: Small quantities of hazardous waste are excluded from
regulation under this part and do not require a manifest. Where a
facility receives unmanifested hazardous wastes, the Agency suggests
that the owner or operator obtain from each generator a certification
that the waste qualifies for exclusion. Otherwise, the Agency suggests
that the owner or operator file an unmanifested waste report for the
hazardous waste movement.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50
FR 4514, Jan. 31, 1985]
Sec. 264.77 Additional reports.
In addition to submitting the biennial reports and unmanifested
waste reports described in Secs. 264.75 and 264.76, the owner or
operator must also report to the Regional Administrator:
(a) Releases, fires, and explosions as specified in Sec. 264.56(j);
(b) Facility closures specified in Sec. 264.115; and
(c) As otherwise required by subparts F, K through N, AA, BB, and CC
of this part.
[46 FR 2849, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48
FR 3982, Jan. 28, 1983; 55 FR 25494, June 21, 1990; 59 FR 62926, Dec. 6,
1994]
Subpart F--Releases From Solid Waste Management Units
Source: 47 FR 32350, July 26, 1982, unless otherwise noted.
Sec. 264.90 Applicability.
(a)(1) Except as provided in paragraph (b) of this section, the
regulations in this subpart apply to owners or operators of facilities
that treat, store
[[Page 205]]
or dispose of hazardous waste. The owner or operator must satisfy the
requirements identified in paragraph (a)(2) of this section for all
wastes (or constituents thereof) contained in solid waste management
units at the facility, regardless of the time at which waste was placed
in such units.
(2) All solid waste management units must comply with the
requirements in Sec. 264.101. A surface impoundment, waste pile, and
land treatment unit or landfill that receives hazardous waste after July
26, 1982 (hereinafter referred to as a ``regulated unit'') must comply
with the requirements of Secs. 264.91 through 264.100 in lieu of
Sec. 264.101 for purposes of detecting, characterizing and responding to
releases to the uppermost aquifer. The financial responsibility
requirements of Sec. 264.101 apply to regulated units.
(b) The owner or operator's regulated unit or units are not subject
to regulation for releases into the uppermost aquifer under this subpart
if:
(1) The owner or operator is exempted under Sec. 264.1; or
(2) He operates a unit which the Regional Administrator finds:
(i) Is an engineered structure,
(ii) Does not receive or contain liquid waste or waste containing
free liquids,
(iii) Is designed and operated to exclude liquid, precipitation, and
other run-on and run-off,
(iv) Has both inner and outer layers of containment enclosing the
waste,
(v) Has a leak detection system built into each containment layer,
(vi) The owner or operator will provide continuing operation and
maintenance of these leak detection systems during the active life of
the unit and the closure and post-closure care periods, and
(vii) To a reasonable degree of certainty, will not allow hazardous
constituents to migrate beyond the outer containment layer prior to the
end of the post-closure care period.
(3) The Regional Administrator finds, pursuant to Sec. 264.280(d),
that the treatment zone of a land treatment unit that qualifies as a
regulated unit does not contain levels of hazardous constituents that
are above background levels of those constituents by an amount that is
statistically significant, and if an unsaturated zone monitoring program
meeting the requirements of Sec. 264.278 has not shown a statistically
significant increase in hazardous constituents below the treatment zone
during the operating life of the unit. An exemption under this paragraph
can only relieve an owner or operator of responsibility to meet the
requirements of this subpart during the post-closure care period; or
(4) The Regional Administrator finds that there is no potential for
migration of liquid from a regulated unit to the uppermost aquifer
during the active life of the regulated unit (including the closure
period) and the post-closure care period specified under Sec. 264.117.
This demonstration must be certified by a qualified geologist or
geotechnical engineer. In order to provide an adequate margin of safety
in the prediction of potential migration of liquid, the owner or
operator must base any predictions made under this paragraph on
assumptions that maximize the rate of liquid migration.
(5) He designs and operates a pile in compliance with
Sec. 264.250(c).
(c) The regulations under this subpart apply during the active life
of the regulated unit (including the closure period). After closure of
the regulated unit, the regulations in this subpart:
(1) Do not apply if all waste, waste residues, contaminated
containment system components, and contaminated subsoils are removed or
decontaminated at closure;
(2) Apply during the post-closure care period under Sec. 264.117 if
the owner or operator is conducting a detection monitoring program under
Sec. 264.98; or
(3) Apply during the compliance period under Sec. 264.96 if the
owner or operator is conducting a compliance monitoring program under
Sec. 264.99 or a corrective action program under Sec. 264.100.
(d) Regulations in this subpart may apply to miscellaneous units
when necessary to comply with Secs. 264.601 through 264.603.
(e) The regulations of this subpart apply to all owners and
operators subject to the requirements of 40 CFR 270.1(c)(7), when the
Agency issues either a post-closure permit or an enforceable document
(as defined in 40 CFR 270.1(c)(7)) at the facility. When
[[Page 206]]
the Agency issues an enforceable document, references in this subpart to
``in the permit'' mean ``in the enforceable document.''
(f) The Regional Administrator may replace all or part of the
requirements of Secs. 264.91 through 264.100 applying to a regulated
unit with alternative requirements for groundwater monitoring and
corrective action for releases to groundwater set out in the permit (or
in an enforceable document) (as defined in 40 CFR 270.1(c)(7)) where the
Regional Administrator determines that:
(1) The regulated unit is situated among solid waste management
units (or areas of concern), a release has occurred, and both the
regulated unit and one or more solid waste management unit(s) (or areas
of concern) are likely to have contributed to the release; and
(2) It is not necessary to apply the groundwater monitoring and
corrective action requirements of Secs. 264.91 through 264.100 because
alternative requirements will protect human health and the environment.
[47 FR 32350, July 26, 1982, as amended at 50 FR 28746, July 15, 1985;
52 FR 46963, Dec. 10, 1987; 63 FR 56733, Oct. 22, 1998]
Sec. 264.91 Required programs.
(a) Owners and operators subject to this subpart must conduct a
monitoring and response program as follows:
(1) Whenever hazardous constituents under Sec. 264.93 from a
regulated unit are detected at a compliance point under Sec. 264.95, the
owner or operator must institute a compliance monitoring program under
Sec. 264.99. Detected is defined as statistically significant evidence
of contamination as described in Sec. 264.98(f);
(2) Whenever the ground-water protection standard under Sec. 264.92
is exceeded, the owner or operator must institute a corrective action
program under Sec. 264.100. Exceeded is defined as statistically
significant evidence of increased contamination as described in
Sec. 264.99(d);
(3) Whenever hazardous constituents under Sec. 264.93 from a
regulated unit exceed concentration limits under Sec. 264.94 in ground
water between the compliance point under Sec. 264.95 and the
downgradient facility property boundary, the owner or operator must
institute a corrective action program under Sec. 264.100; or
(4) In all other cases, the owner or operator must institute a
detection monitoring program under Sec. 264.98.
(b) The Regional Administrator will specify in the facility permit
the specific elements of the monitoring and response program. The
Regional Administrator may include one or more of the programs
identified in paragraph (a) of this section in the facility permit as
may be necessary to protect human health and the environment and will
specify the circumstances under which each of the programs will be
required. In deciding whether to require the owner or operator to be
prepared to institute a particular program, the Regional Administrator
will consider the potential adverse effects on human health and the
environment that might occur before final administrative action on a
permit modification application to incorporate such a program could be
taken.
[47 FR 32350, July 26, 1982, as amended at 53 FR 39728, Oct. 11, 1988]
Sec. 264.92 Ground-water protection standard.
The owner or operator must comply with conditions specified in the
facility permit that are designed to ensure that hazardous constituents
under Sec. 264.93 detected in the ground water from a regulated unit do
not exceed the concentration limits under Sec. 264.94 in the uppermost
aquifer underlying the waste management area beyond the point of
compliance under Sec. 264.95 during the compliance period under
Sec. 264.96. The Regional Administrator will establish this ground-water
protection standard in the facility permit when hazardous constituents
have been detected in the ground water.
[53 FR 39728, Oct. 11, 1988]
Sec. 264.93 Hazardous constituents.
(a) The Regional Administrator will specify in the facility permit
the hazardous constituents to which the ground-water protection standard
of Sec. 264.92 applies. Hazardous constituents are constituents
identified in appendix
[[Page 207]]
VIII of part 261 of this chapter that have been detected in ground water
in the uppermost aquifer underlying a regulated unit and that are
reasonably expected to be in or derived from waste contained in a
regulated unit, unless the Regional Administrator has excluded them
under paragraph (b) of this section.
(b) The Regional Administrator will exclude an appendix VIII
constituent from the list of hazardous constituents specified in the
facility permit if he finds that the constituent is not capable of
posing a substantial present or potential hazard to human health or the
environment. In deciding whether to grant an exemption, the Regional
Administrator will consider the following:
(1) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the
regulated unit, including its potential for migration;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity of ground water and the direction of ground-water
flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources
of contamination and their cumulative impact on the ground-water
quality;
(vii) The potential for health risks caused by human exposure to
waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents;
(ix) The persistence and permanence of the potential adverse
effects; and
(2) Potential adverse effects on hydraulically-connected surface
water quality, considering:
(i) The volume and physical and chemical characteristics of the
waste in the regulated unit;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity and quality of ground water, and the direction of
ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the regulated unit to surface waters;
(vi) The current and future uses of surface waters in the area and
any water quality standards established for those surface waters;
(vii) The existing quality of surface water, including other sources
of contamination and the cumulative impact on surface-water quality;
(viii) The potential for health risks caused by human exposure to
waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents; and
(x) The persistence and permanence of the potential adverse effects.
(c) In making any determination under paragraph (b) of this section
about the use of ground water in the area around the facility, the
Regional Administrator will consider any identification of underground
sources of drinking water and exempted aquifers made under Sec. 144.8 of
this chapter.
[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.94 Concentration limits.
(a) The Regional Administrator will specify in the facility permit
concentration limits in the ground water for hazardous constituents
established under Sec. 264.93. The concentration of a hazardous
constituent:
(1) Must not exceed the background level of that constituent in the
ground water at the time that limit is specified in the permit; or
(2) For any of the constituents listed in Table 1, must not exceed
the respective value given in that table if the background level of the
constituent is below the value given in Table 1; or
[[Page 208]]
Table 1--Maximum Concentration of Constituents for Ground-water
Protection
------------------------------------------------------------------------
Maximum
Constituent concentration \1\
------------------------------------------------------------------------
Arsenic.............................................. 0.05
Barium............................................... 1.0
Cadmium.............................................. 0.01
Chromium............................................. 0.05
Lead................................................. 0.05
Mercury.............................................. 0.002
Selenium............................................. 0.01
Silver............................................... 0.05
Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy 0.0002
1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5,8-
dimethano naphthalene)..............................
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma 0.004
isomer).............................................
Methoxychlor (1,1,1-Trichloro-2,2-bis (p- 0.1
methoxyphenylethane)................................
Toxaphene (C10H10Cl6, Technical chlorinated camphene, 0.005
67-69 percent chlorine).............................
2,4-D (2,4-Dichlorophenoxyacetic acid)............... 0.1
2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic 0.01
acid)...............................................
------------------------------------------------------------------------
\1\ Milligrams per liter.
(3) Must not exceed an alternate limit established by the Regional
Administrator under paragraph (b) of this section.
(b) The Regional Administrator will establish an alternate
concentration limit for a hazardous constituent if he finds that the
constituent will not pose a substantial present or potential hazard to
human health or the environment as long as the alternate concentration
limit is not exceeded. In establishing alternate concentration limits,
the Regional Administrator will consider the following factors:
(1) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the
regulated unit, including its potential for migration;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity of ground water and the direction of ground-water
flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources
of contamination and their cumulative impact on the ground-water
quality;
(vii) The potential for health risks caused by human exposure to
waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents;
(ix) The persistence and permanence of the potential adverse
effects; and
(2) Potential adverse effects on hydraulically-connected surface-
water quality, considering:
(i) The volume and physical and chemical characteristics of the
waste in the regulated unit;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity and quality of ground water, and the direction of
ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the regulated unit to surface waters;
(vi) The current and future uses of surface waters in the area and
any water quality standards established for those surface waters;
(vii) The existing quality of surface water, including other sources
of contamination and the cumulative impact on surface water quality;
(viii) The potential for health risks caused by human exposure to
waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents; and
(x) The persistence and permanence of the potential adverse effects.
(c) In making any determination under paragraph (b) of this section
about the use of ground water in the area around the facility the
Regional Administrator will consider any identification of underground
sources of drinking water and exempted aquifers made under Sec. 144.8 of
this chapter.
[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.95 Point of compliance.
(a) The Regional Administrator will specify in the facility permit
the point of compliance at which the ground-water protection standard of
Sec. 264.92 applies and at which monitoring must be
[[Page 209]]
conducted. The point of compliance is a vertical surface located at the
hydraulically downgradient limit of the waste management area that
extends down into the uppermost aquifer underlying the regulated units.
(b) The waste management area is the limit projected in the
horizontal plane of the area on which waste will be placed during the
active life of a regulated unit.
(1) The waste management area includes horizontal space taken up by
any liner, dike, or other barrier designed to contain waste in a
regulated unit.
(2) If the facility contains more than one regulated unit, the waste
management area is described by an imaginary line circumscribing the
several regulated units.
Sec. 264.96 Compliance period.
(a) The Regional Administrator will specify in the facility permit
the compliance period during which the ground-water protection standard
of Sec. 264.92 applies. The compliance period is the number of years
equal to the active life of the waste management area (including any
waste management activity prior to permitting, and the closure period.)
(b) The compliance period begins when the owner or operator
initiates a compliance monitoring program meeting the requirements of
Sec. 264.99.
(c) If the owner or operator is engaged in a corrective action
program at the end of the compliance period specified in paragraph (a)
of this section, the compliance period is extended until the owner or
operator can demonstrate that the ground-water protection standard of
Sec. 264.92 has not been exceeded for a period of three consecutive
years.
Sec. 264.97 General ground-water monitoring requirements.
The owner or operator must comply with the following requirements
for any ground-water monitoring program developed to satisfy
Sec. 264.98, Sec. 264.99, or Sec. 264.100:
(a) The ground-water monitoring system must consist of a sufficient
number of wells, installed at appropriate locations and depths to yield
ground-water samples from the uppermost aquifer that:
(1) Represent the quality of background water that has not been
affected by leakage from a regulated unit;
(i) A determination of background quality may include sampling of
wells that are not hydraulically upgradient of the waste management area
where:
(A) Hydrogeologic conditions do not allow the owner or operator to
determine what wells are hydraulically upgradient; and
(B) Sampling at other wells will provide an indication of background
ground-water quality that is representative or more representative than
that provided by the upgradient wells; and
(2) Represent the quality of ground water passing the point of
compliance.
(3) Allow for the detection of contamination when hazardous waste or
hazardous constituents have migrated from the waste management area to
the uppermost aquifer.
(b) If a facility contains more than one regulated unit, separate
ground-water monitoring systems are not required for each regulated unit
provided that provisions for sampling the ground water in the uppermost
aquifer will enable detection and measurement at the compliance point of
hazardous constituents from the regulated units that have entered the
ground water in the uppermost aquifer.
(c) All monitoring wells must be cased in a manner that maintains
the integrity of the monitoring-well bore hole. This casing must be
screened or perforated and packed with gravel or sand, where necessary,
to enable collection of ground-water samples. The annular space (i.e.,
the space between the bore hole and well casing) above the sampling
depth must be sealed to prevent contamination of samples and the ground
water.
(d) The ground-water monitoring program must include consistent
sampling and analysis procedures that are designed to ensure monitoring
results that provide a reliable indication of ground-water quality below
the waste management area. At a minimum the program must include
procedures and techniques for:
(1) Sample collection;
[[Page 210]]
(2) Sample preservation and shipment;
(3) Analytical procedures; and
(4) Chain of custody control.
(e) The ground-water monitoring program must include sampling and
analytical methods that are appropriate for ground-water sampling and
that accurately measure hazardous constituents in ground-water samples.
(f) The ground-water monitoring program must include a determination
of the ground-water surface elevation each time ground water is sampled.
(g) In detection monitoring or where appropriate in compliance
monitoring, data on each hazardous constituent specified in the permit
will be collected from background wells and wells at the compliance
point(s). The number and kinds of samples collected to establish
background shall be appropriate for the form of statistical test
employed, following generally accepted statistical principles. The
sample size shall be as large as necessary to ensure with reasonable
confidence that a contaminant release to ground water from a facility
will be detected. The owner or operator will determine an appropriate
sampling procedure and interval for each hazardous constituent listed in
the facility permit which shall be specified in the unit permit upon
approval by the Regional Administrator. This sampling procedure shall
be:
(1) A sequence of at least four samples, taken at an interval that
assures, to the greatest extent technically feasible, that an
independent sample is obtained, by reference to the uppermost aquifer's
effective porosity, hydraulic conductivity, and hydraulic gradient, and
the fate and transport characteristics of the potential contaminants, or
(2) an alternate sampling procedure proposed by the owner or
operator and approved by the Regional Administrator.
(h) The owner or operator will specify one of the following
statistical methods to be used in evaluating ground-water monitoring
data for each hazardous constituent which, upon approval by the Regional
Administrator, will be specified in the unit permit. The statistical
test chosen shall be conducted separately for each hazardous constituent
in each well. Where practical quantification limits (pql's) are used in
any of the following statistical procedures to comply with
Sec. 264.97(i)(5), the pql must be proposed by the owner or operator and
approved by the Regional Administrator. Use of any of the following
statistical methods must be protective of human health and the
environment and must comply with the performance standards outlined in
paragraph (i) of this section.
(1) A parametric analysis of variance (ANOVA) followed by multiple
comparisons procedures to identify statistically significant evidence of
contamination. The method must include estimation and testing of the
contrasts between each compliance well's mean and the background mean
levels for each constituent.
(2) An analysis of variance (ANOVA) based on ranks followed by
multiple comparisons procedures to identify statistically significant
evidence of contamination. The method must include estimation and
testing of the contrasts between each compliance well's median and the
background median levels for each constituent.
(3) A tolerance or prediction interval procedure in which an
interval for each constituent is established from the distribution of
the background data, and the level of each constituent in each
compliance well is compared to the upper tolerance or prediction limit.
(4) A control chart approach that gives control limits for each
constituent.
(5) Another statistical test method submitted by the owner or
operator and approved by the Regional Administrator.
(i) Any statistical method chosen under Sec. 264.97(h) for
specification in the unit permit shall comply with the following
performance standards, as appropriate:
(1) The statistical method used to evaluate ground-water monitoring
data shall be appropriate for the distribution of chemical parameters or
hazardous constituents. If the distribution of the chemical parameters
or hazardous constituents is shown by the owner or operator to be
inappropriate for a normal theory test, then the data
[[Page 211]]
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
experimentwise error rate for each testing period shall be no less than
0.05; however, the Type I error of no less than 0.01 for individual well
comparisons must be maintained. This performance standard does not apply
to tolerance intervals, prediction intervals or control charts.
(3) If a control chart approach is used to evaluate ground-water
monitoring data, the specific type of control chart and its associated
parameter values shall be proposed by the owner or operator and approved
by the Regional Administrator if he or she finds it to be protective of
human health and the environment.
(4) If a tolerance interval or a prediction interval is used to
evaluate groundwater monitoring data, the levels of confidence and, for
tolerance intervals, the percentage of the population that the interval
must contain, shall be proposed by the owner or operator and approved by
the Regional Administrator if he or she finds these parameters to be
protective of human health and the environment. These parameters will be
determined after considering the number of samples in the background
data base, the data distribution, and the range of the concentration
values for each constituent of concern.
(5) The statistical method shall account for data below the limit of
detection with one or more statistical procedures that are protective of
human health and the environment. Any practical quantification limit
(pql) approved by the Regional Administrator under Sec. 264.97(h) that
is used in the statistical method shall be the lowest concentration
level tha can be reliably achieved within specified limits of precision
and accuracy during routine laboratory operating conditions that are
available to the facility.
(6) If necessary, the statistical method shall include procedures to
control or correct for seasonal and spatial variability as well as
temporal correlation in the data.
(j) Ground-water monitoring data collected in accordance with
paragraph (g) of this section including actual levels of constituents
must be maintained in the facility operating record. The Regional
Administrator will specify in the permit when the data must be submitted
for review.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 53
FR 39728, Oct. 11, 1988]
Sec. 264.98 Detection monitoring program.
An owner or operator required to establish a detection monitoring
program under this subpart must, at a minimum, discharge the following
responsibilities:
(a) The owner or operator must monitor for indicator parameters
(e.g., specific conductance, total organic carbon, or total organic
halogen), waste constituents, or reaction products that provide a
reliable indication of the presence of hazardous constituents in ground
water. The Regional Administrator will specify the parameters or
constituents to be monitored in the facility permit, after considering
the following factors:
(1) The types, quantities, and concentrations of constituents in
wastes managed at the regulated unit;
(2) The mobility, stability, and persistance of waste constituents
or their reaction products in the unsaturated zone beneath the waste
management area;
(3) The detectability of indicator parameters, waste constituents,
and reaction products in ground water; and
(4) The concentrations or values and coefficients of variation of
proposed monitoring parameters or constituents in the ground-water
background.
(b) The owner or operator must install a ground-water monitoring
system at the compliance point as specified under Sec. 264.95. The
ground-water
[[Page 212]]
monitoring system must comply with Sec. 264.97(a)(2), (b), and (c).
(c) The owner or operator must conduct a ground-water monitoring
program for each chemical parameter and hazardous constituent specified
in the permit pursuant to paragraph (a) of this section in accordance
with Sec. 264.97(g). The owner or operator must maintain a record of
ground-water analytical data as measured and in a form necessary for the
determination of statistical significance under Sec. 264.97(h).
(d) The Regional Administrator will specify the frequencies for
collecting samples and conducting statistical tests to determine whether
there is statistically significant evidence of contamination for any
parameter or hazardous constituent specified in the permit under
paragraph (a) of this section in accordance with Sec. 264.97(g). A
sequence of at least four samples from each well (background and
compliance wells) must be collected at least semi-annually during
detection monitoring.
(e) The owner or operator must determine the ground-water flow rate
and direction in the uppermost aquifer at least annually.
(f) The owner or operator must determine whether there is
statistically significant evidence of contamination for any chemical
parameter of hazardous constituent specified in the permit pursuant to
paragraph (a) of this section at a frequency specified under paragraph
(d) of this section.
(1) In determining whether statistically significant evidence of
contamination exists, the owner or operator must use the method(s)
specified in the permit under Sec. 264.97(h). These method(s) must
compare data collected at the compliance point(s) to the background
ground-water quality data.
(2) The owner or operator must determine whether there is
statistically significant evidence of contamination at each monitoring
well as the compliance point within a reasonable period of time after
completion of sampling. The Regional Administrator will specify in the
facility permit what period of time is reasonable, after considering the
complexity of the statistical test and the availability of laboratory
facilities to perform the analysis of ground-water samples.
(g) If the owner or operator determines pursuant to paragraph (f) of
this section that there is statistically significant evidence of
contamination for chemical parameters or hazardous constituents
specified pursuant to paragraph (a) of this section at any monitoring
well at the compliance point, he or she must:
(1) Notify the Regional Administrator of this finding in writing
within seven days. The notification must indicate what chemical
parameters or hazardous constituents have shown statistically
significant evidence of contamination;
(2) Immediately sample the ground water in all monitoring wells and
determine whether constituents in the list of appendix IX of part 264
are present, and if so, in what concentration.
(3) For any appendix IX compounds found in the analysis pursuant to
paragraph (g)(2) of this section, the owner or operator may resample
within one month and repeat the analysis for those compounds detected.
If the results of the second analysis confirm the initial results, then
these constituents will form the basis for compliance monitoring. If the
owner or operator does not resample for the compounds found pursuant to
paragraph (g)(2) of this section, the hazardous constituents found
during this initial appendix IX analysis will form the basis for
compliance monitoring.
(4) Within 90 days, submit to the Regional Administrator an
application for a permit modification to establish a compliance
monitoring program meeting the requirements of Sec. 264.99. The
application must include the following information:
(i) An identification of the concentration or any appendix IX
constituent detected in the ground water at each monitoring well at the
compliance point;
(ii) Any proposed changes to the ground-water monitoring system at
the facility necessary to meet the requirements of Sec. 264.99;
(iii) Any proposed additions or changes to the monitoring frequency,
sampling and analysis procedures or methods, or statistical methods used
at
[[Page 213]]
the facility necessary to meet the requirements of Sec. 264.99;
(iv) For each hazardous constituent detected at the compliance
point, a proposed concentration limit under Sec. 264.94(a) (1) or (2),
or a notice of intent to seek an alternate concentration limit under
Sec. 264.94(b); and
(5) Within 180 days, submit to the Regional Administrator:
(i) All data necessary to justify an alternate concentration limit
sought under Sec. 264.94(b); and
(ii) An engineering feasibility plan for a corrective action program
necessary to meet the requirement of Sec. 264.100, unless:
(A) All hazardous constituents identified under paragraph (g)(2) of
this section are listed in Table 1 of Sec. 264.94 and their
concentrations do not exceed the respective values given in that Table;
or
(B) The owner or operator has sought an alternate concentration
limit under Sec. 264.94(b) for every hazardous constituent identified
under paragraph (g)(2) of this section.
(6) If the owner or operator determines, pursuant to paragraph (f)
of this section, that there is a statistically significant difference
for chemical parameters or hazardous constituents specified pursuant to
paragraph (a) of this section at any monitoring well at the compliance
point, he or she may demonstrate that a source other than a regulated
unit caused the contamination or that the detection is an artifact
caused by an error in sampling, analysis, or statistical evaluation or
natural variation in the ground water. The owner operator may make a
demonstration under this paragraph in addition to, or in lieu of,
submitting a permit modification application under paragraph (g)(4) of
this section; however, the owner or operator is not relieved of the
requirement to submit a permit modification application within the time
specified in paragraph (g)(4) of this section unless the demonstration
made under this paragraph successfully shows that a source other than a
regulated unit caused the increase, or that the increase resulted from
error in sampling, analysis, or evaluation. In making a demonstration
under this paragraph, the owner or operator must:
(i) Notify the Regional Administrator in writing within seven days
of determining statistically significant evidence of contamination at
the compliance point that he intends to make a demonstration under this
paragraph;
(ii) Within 90 days, submit a report to the Regional Administrator
which demonstrates that a source other than a regulated unit caused the
contamination or that the contamination resulted from error in sampling,
analysis, or evaluation;
(iii) Within 90 days, submit to the Regional Administrator an
application for a permit modification to make any appropriate changes to
the detection monitoring program facility; and
(iv) Continue to monitor in accordance with the detection monitoring
program established under this section.
(h) If the owner or operator determines that the detection
monitoring program no longer satisfies the requirements of this section,
he or she must, within 90 days, submit an application for a permit
modification to make any appropriate changes to the program.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52
FR 25946, July 9, 1987; 53 FR 39729, Oct. 11, 1988]
Sec. 264.99 Compliance monitoring program.
An owner or operator required to establish a compliance monitoring
program under this subpart must, at a minimum, discharge the following
responsibilities:
(a) The owner or operator must monitor the ground water to determine
whether regulated units are in compliance with the ground-water
protection standard under Sec. 264.92. The Regional Administrator will
specify the ground-water protection standard in the facility permit,
including:
(1) A list of the hazardous constituents identified under
Sec. 264.93;
(2) Concentration limits under Sec. 264.94 for each of those
hazardous constituents;
(3) The compliance point under Sec. 264.95; and
(4) The compliance period under Sec. 264.96.
[[Page 214]]
(b) The owner or operator must install a ground-water monitoring
system at the compliance point as specified under Sec. 264.95. The
ground-water monitoring system must comply with Sec. 264.97(a)(2), (b),
and (c).
(c) The Regional Administrator will specify the sampling procedures
and statistical methods appropriate for the constituents and the
facility, consistent with Sec. 264.97 (g) and (h).
(1) The owner or operator must conduct a sampling program for each
chemical parameter or hazardous constituent in accordance with
Sec. 264.97(g).
(2) The owner or operator must record ground-water analytical data
as measured and in form necessary for the determination of statistical
significance under Sec. 264.97(h) for the compliance period of the
facility.
(d) The owner or operator must determine whether there is
statistically significant evidence of increased contamination for any
chemical parameter or hazardous constituent specified in the permit,
pursuant to paragraph (a) of this section, at a frequency specified
under paragraph (f) under this section.
(1) In determining whether statistically significant evidence of
increased contamination exists, the owner or operator must use the
method(s) specified in the permit under Sec. 264.97(h). The methods(s)
must compare data collected at the compliance point(s) to a
concentration limit developed in accordance with Sec. 264.94.
(2) The owner or operator must determine whether there is
statistically significant evidence of increased contamination at each
monitoring well at the compliance point within a reasonable time period
after completion of sampling. The Regional Administrator will specify
that time period in the facility permit, after considering the
complexity of the statistical test and the availability of laboratory
facilities to perform the analysis of ground-water samples.
(e) The owner or operator must determine the ground-water flow rate
and direction in the uppermost aquifer at least annually.
(f) The Regional Administrator will specify the frequencies for
collecting samples and conducting statistical tests to determine
statistically significant evidence of increased contamination in
accordance with Sec. 264.97(g). A sequence of at least four samples from
each well (background and compliance wells) must be collected at least
semi-annually during the compliance period of the facility.
(g) The owner or operator must analyze samples from all monitoring
wells at the compliance point for all constituents contained in appendix
IX of part 264 at least annually to determine whether additional
hazardous constituents are present in the uppermost aquifer and, if so,
at what concentration, pursuant to procedures in Sec. 264.98(f). If the
owner or operator finds appendix IX constituents in the ground water
that are not already identified in the permit as monitoring
constituents, the owner or operator may resample within one month and
repeat the appendix IX analysis. If the second analysis confirms the
presence of new constituents, the owner or operator must report the
concentration of these additional constituents to the Regional
Administrator within seven days after the completion of the second
analysis and add them to the monitoring list. If the owner or operator
chooses not to resample, then he or she must report the concentrations
of these additional constituents to the Regional Administrator within
seven days after completion of the intiial analysis and add them to the
monitoring list.
(h) If the owner or operator determines pursuant to paragraph (d) of
this section that any concentration limits under Sec. 264.94 are being
exceeded at any monitoring well at the point of compliance he or she
must:
(1) Notify the Regional Administrator of this finding in writing
within seven days. The notification must indicate what concentration
limits have been exceeded.
(2) Submit to the Regional Administrator an application for a permit
modification to establish a corrective action program meeting the
requirements of Sec. 264.100 within 180 days, or within 90 days if an
engineering feasibility study has been previously submitted to the
Regional Administrator under Sec. 264.98(h)(5). The application
[[Page 215]]
must at a minimum include the following information:
(i) A detailed description of corrective actions that will achieve
compliance with the ground-water protection standard specified in the
permit under paragraph (a) of this section; and
(ii) A plan for a ground-water monitoring program that will
demonstrate the effectiveness of the corrective action. Such a ground-
water monitoring program may be based on a compliance monitoring program
developed to meet the requirements of this section.
(i) If the owner or operator determines, pursuant to paragraph (d)
of this section, that the ground-water concentration limits under this
section are being exceeded at any monitoring well at the point of
compliance, he or she may demonstrate that a source other than a
regulated unit caused the contamination or that the detection is an
artifact caused by an error in sampling, analysis, or statistical
evaluation or natural variation in the ground water. In making a
demonstration under this paragraph, the owner or operator must:
(1) Notify the Regional Administrator in writing within seven days
that he intends to make a demonstration under this paragraph;
(2) Within 90 days, submit a report to the Regional Administrator
which demonstrates that a source other than a regulated unit caused the
standard to be exceeded or that the apparent noncompliance with the
standards resulted from error in sampling, analysis, or evaluation;
(3) Within 90 days, submit to the Regional Administrator an
application for a permit modification to make any appropriate changes to
the compliance monitoring program at the facility; and
(4) Continue to monitor in accord with the compliance monitoring
program established under this section.
(j) If the owner or operator determines that the compliance
monitoring program no longer satisfies the requirements of this section,
he must, within 90 days, submit an application for a permit modification
to make any appropriate changes to the program.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52
FR 25946, July 9, 1987; 53 FR 39730, Oct. 11, 1988]
Sec. 264.100 Corrective action program.
An owner or operator required to establish a corrective action
program under this subpart must, at a minimum, discharge the following
responsibilities:
(a) The owner or operator must take corrective action to ensure that
regulated units are in compliance with the ground-water protection
standard under Sec. 264.92. The Regional Administrator will specify the
ground-water protection standard in the facility permit, including:
(1) A list of the hazardous constituents identified under
Sec. 264.93;
(2) Concentration limits under Sec. 264.94 for each of those
hazardous constituents;
(3) The compliance point under Sec. 264.95; and
(4) The compliance period under Sec. 264.96.
(b) The owner or operator must implement a corrective action program
that prevents hazardous constituents from exceeding their respective
concentration limits at the compliance point by removing the hazardous
waste constituents or treating them in place. The permit will specify
the specific measures that will be taken.
(c) The owner or operator must begin corrective action within a
reasonable time period after the ground-water protection standard is
exceeded. The Regional Administrator will specify that time period in
the facility permit. If a facility permit includes a corrective action
program in addition to a compliance monitoring program, the permit will
specify when the corrective action will begin and such a requirement
will operate in lieu of Sec. 264.99(i)(2).
(d) In conjunction with a corrective action program, the owner or
operator must establish and implement a ground-water monitoring program
to demonstrate the effectiveness of the corrective action program. Such
a monitoring program may be based on
[[Page 216]]
the requirements for a compliance monitoring program under Sec. 264.99
and must be as effective as that program in determining compliance with
the ground-water protection standard under Sec. 264.92 and in
determining the success of a corrective action program under paragraph
(e) of this section, where appropriate.
(e) In addition to the other requirements of this section, the owner
or operator must conduct a corrective action program to remove or treat
in place any hazardous constituents under Sec. 264.93 that exceed
concentration limits under Sec. 264.94 in groundwater:
(1) Between the compliance point under Sec. 264.95 and the
downgradient property boundary; and
(2) Beyond the facility boundary, where necessary to protect human
health and the environment, unless the owner or operator demonstrates to
the satisfaction of the Regional Administrator that, despite the owner's
or operator's best efforts, the owner or operator was unable to obtain
the necessary permission to undertake such action. The owner/operator is
not relieved of all responsibility to clean up a release that has
migrated beyond the facility boundary where off-site access is denied.
On-site measures to address such releases will be determined on a case-
by-case basis.
(3) Corrective action measures under this paragraph must be
initiated and completed within a reasonable period of time considering
the extent of contamination.
(4) Corrective action measures under this paragraph may be
terminated once the concentration of hazardous constituents under
Sec. 264.93 is reduced to levels below their respective concentration
limits under Sec. 264.94.
(f) The owner or operator must continue corrective action measures
during the compliance period to the extent necessary to ensure that the
ground-water protection standard is not exceeded. If the owner or
operator is conducting corrective action at the end of the compliance
period, he must continue that corrective action for as long as necessary
to achieve compliance with the ground-water protection standard. The
owner or operator may terminate corrective action measures taken beyond
the period equal to the active life of the waste management area
(including the closure period) if he can demonstrate, based on data from
the ground-water monitoring program under paragraph (d) of this section,
that the ground-water protection standard of Sec. 264.92 has not been
exceeded for a period of three consecutive years.
(g) The owner or operator must report in writing to the Regional
Administrator on the effectiveness of the corrective action program. The
owner or operator must submit these reports semi-annually.
(h) If the owner or operator determines that the corrective action
program no longer satisfies the requirements of this section, he must,
within 90 days, submit an application for a permit modification to make
any appropriate changes to the program.
[47 FR 32350, July 26, 1985, as amended at 50 FR 4514, Jan. 31, 1985; 52
FR 45798, Dec. 1, 1987]
Sec. 264.101 Corrective action for solid waste management units.
(a) The owner or operator of a facility seeking a permit for the
treatment, storage or disposal of hazardous waste must institute
corrective action as necessary to protect human health and the
environment for all releases of hazardous waste or constituents from any
solid waste management unit at the facility, regardless of the time at
which waste was placed in such unit.
(b) Corrective action will be specified in the permit in accordance
with this section and subpart S of this part. The permit will contain
schedules of compliance for such corrective action (where such
corrective action cannot be completed prior to issuance of the permit)
and assurances of financial responsibility for completing such
corrective action.
(c) The owner or operator must implement corrective actions beyond
the facility property boundary, where necessary to protect human health
and the environment, unless the owner or operator demonstrates to the
satisfaction of the Regional Administrator that, despite the owner's or
operator's best efforts, the owner or operator was unable to obtain the
necessary permission to
[[Page 217]]
undertake such actions. The owner/operator is not relieved of all
responsibility to clean up a release that has migrated beyond the
facility boundary where off-site access is denied. On-site measures to
address such releases will be determined on a case-by-case basis.
Assurances of financial responsibility for such corrective action must
be provided.
(d) This does not apply to remediation waste management sites unless
they are part of a facility subject to a permit for treating, storing or
disposing of hazardous wastes that are not remediation wastes.
[50 FR 28747, July 15, 1985, as amended at 52 FR 45798, Dec. 1, 1987; 58
FR 8683, Feb. 16, 1993; 63 FR 65938, Nov. 30, 1998]
Subpart G--Closure and Post-Closure
Source: 51 FR 16444, May 2, 1986, unless otherwise noted.
Sec. 264.110 Applicability.
Except as Sec. 264.1 provides otherwise:
(a) Sections 264.111 through 264.115 (which concern closure) apply
to the owners and operators of all hazardous waste management
facilities; and
(b) Sections 264.116 through 264.120 (which concern post-closure
care) apply to the owners and operators of:
(1) All hazardous waste disposal facilities;
(2) Waste piles and surface impoundments from which the owner or
operator intends to remove the wastes at closure to the extent that
these sections are made applicable to such facilities in Sec. 264.228 or
Sec. 264.258;
(3) Tank systems that are required under Sec. 264.197 to meet the
requirements for landfills; and
(4) Containment buildings that are required under Sec. 264.1102 to
meet the requirement for landfills.
(c) The Regional Administrator may replace all or part of the
requirements of this subpart (and the unit-specific standards referenced
in Sec. 264.111(c) applying to a regulated unit), with alternative
requirements set out in a permit or in an enforceable document (as
defined in 40 CFR 270.1(c)(7)), where the Regional Administrator
determines that:
(1) The regulated unit is situated among solid waste management
units (or areas of concern), a release has occurred, and both the
regulated unit and one or more solid waste management unit(s) (or areas
of concern) are likely to have contributed to the release; and
(2) It is not necessary to apply the closure requirements of this
subpart (and those referenced herein) because the alternative
requirements will protect human health and the environment and will
satisfy the closure performance standard of Sec. 264.111 (a) and (b).
[51 FR 16444, May 2, 1986, as amended at 51 FR 25472, July 14, 1986; 57
FR 37264, Aug. 18, 1992; 63 FR 56733, Oct. 22, 1998]
Sec. 264.111 Closure performance standard.
The owner or operator must close the facility in a manner that:
(a) Minimizes the need for further maintenance; and
(b) Controls, minimizes or eliminates, to the extent necessary to
protect human health and the environment, post-closure escape of
hazardous waste, hazardous constituents, leachate, contaminated run-off,
or hazardous waste decomposition products to the ground or surface
waters or to the atmosphere; and
(c) Complies with the closure requirements of this subpart,
including, but not limited to, the requirements of Secs. 264.178,
264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through
264.603, and 264.1102.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 57
FR 37265, Aug. 18, 1992]
Sec. 264.112 Closure plan; amendment of plan.
(a) Written plan. (1) The owner or operator of a hazardous waste
management facility must have a written closure plan. In addition,
certain surface impoundments and waste piles from which the owner or
operator intends to remove or decontaminate the hazardous waste at
partial or final closure are required by Secs. 264.228(c)(1)(i) and
264.258(c)(1)(i) to have contingent closure plans. The plan must be
submitted
[[Page 218]]
with the permit application, in accordance with Sec. 270.14(b)(13) of
this chapter, and approved by the Regional Administrator as part of the
permit issuance procedures under part 124 of this chapter. In accordance
with Sec. 270.32 of this chapter, the approved closure plan will become
a condition of any RCRA permit.
(2) The Director's approval of the plan must ensure that the
approved closure plan is consistent with Secs. 264.111 through 264.115
and the applicable requirements of subpart F of this part,
Secs. 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351,
264.601, and 264.1102. Until final closure is completed and certified in
accordance with Sec. 264.115, a copy of the approved plan and all
approved revisions must be furnished to the Director upon request,
including requests by mail.
(b) Content of plan. The plan must identify steps necessary to
perform partial and/or final closure of the facility at any point during
its active life. The closure plan must include, at least:
(1) A description of how each hazardous waste management unit at the
facility will be closed in accordance with Sec. 264.111;
(2) A description of how final closure of the facility will be
conducted in accordance with Sec. 264.111. The description must identify
the maximum extent of the operations which will be unclosed during the
active life of the facility; and
(3) An estimate of the maximum inventory of hazardous wastes ever
on-site over the active life of the facility and a detailed description
of the methods to be used during partial closures and final closure,
including, but not limited to, methods for removing, transporting,
treating, storing, or disposing of all hazardous wastes, and
identification of the type(s) of the off-site hazardous waste management
units to be used, if applicable; and
(4) A detailed description of the steps needed to remove or
decontaminate all hazardous waste residues and contaminated containment
system components, equipment, structures, and soils during partial and
final closure, including, but not limited to, procedures for cleaning
equipment and removing contaminated soils, methods for sampling and
testing surrounding soils, and criteria for determining the extent of
decontamination required to satisfy the closure performance standard;
and
(5) A detailed description of other activities necessary during the
closure period to ensure that all partial closures and final closure
satisfy the closure performance standards, including, but not limited
to, ground-water monitoring, leachate collection, and run-on and run-off
control; and
(6) A schedule for closure of each hazardous waste management unit
and for final closure of the facility. The schedule must include, at a
minimum, the total time required to close each hazardous waste
management unit and the time required for intervening closure activities
which will allow tracking of the progress of partial and final closure.
(For example, in the case of a landfill unit, estimates of the time
required to treat or dispose of all hazardous waste inventory and of the
time required to place a final cover must be included.)
(7) For facilities that use trust funds to establish financial
assurance under Sec. 264.143 or Sec. 264.145 and that are expected to
close prior to the expiration of the permit, an estimate of the expected
year of final closure.
(8) For facilities where the Regional Administrator has applied
alternative requirements at a regulated unit under Secs. 264.90(f),
264.110(d), and/or Sec. 264.140(d), either the alternative requirements
applying to the regulated unit, or a reference to the enforceable
document containing those alternative requirements.
(c) Amendment of plan. The owner or operator must submit a written
notification of or request for a permit modification to authorize a
change in operating plans, facility design, or the approved closure plan
in accordance with the applicable procedures in parts 124 and 270. The
written notification or request must include a copy of the amended
closure plan for review or approval by the Regional Administrator.
(1) The owner or operator may submit a written notification or
request to the Regional Administrator for a permit modification to amend
the closure
[[Page 219]]
plan at any time prior to the notification of partial or final closure
of the facility.
(2) The owner or operator must submit a written notification of or
request for a permit modification to authorize a change in the approved
closure plan whenever:
(i) Changes in operating plans or facility design affect the closure
plan, or
(ii) There is a change in the expected year of closure, if
applicable, or
(iii) In conducting partial or final closure activities, unexpected
events require a modification of the approved closure plan.
(iv) The owner or operator requests the Regional Administrator to
apply alternative requirements to a regulated unit under
Secs. 264.90(f), 264.110(c), and/or Sec. 264.140(d).
(3) The owner or operator must submit a written request for a permit
modification including a copy of the amended closure plan for approval
at least 60 days prior to the proposed change in facility design or
operation, or no later than 60 days after an unexpected event has
occurred which has affected the closure plan. If an unexpected event
occurs during the partial or final closure period, the owner or operator
must request a permit modification no later than 30 days after the
unexpected event. An owner or operator of a surface impoundment or waste
pile that intends to remove all hazardous waste at closure and is not
otherwise required to prepare a contingent closure plan under
Sec. 264.228(c)(1)(i) or Sec. 264.258(c)(1)(i), must submit an amended
closure plan to the Regional Administrator no later than 60 days from
the date that the owner or operator or Regional Administrator determines
that the hazardous waste management unit must be closed as a landfill,
subject to the requirements of Sec. 264.310, or no later than 30 days
from that date if the determination is made during partial or final
closure. The Regional Administrator will approve, disapprove, or modify
this amended plan in accordance with the procedures in parts 124 and
270. In accordance with Sec. 270.32 of this chapter, the approved
closure plan will become a condition of any RCRA permit issued.
(4) The Regional Administrator may request modifications to the plan
under the conditions described in Sec. 264.112(c)(2). The owner or
operator must submit the modified plan within 60 days of the Regional
Administrator's request, or within 30 days if the change in facility
conditions occurs during partial or final closure. Any modifications
requested by the Regional Administrator will be approved in accordance
with the procedures in parts 124 and 270.
(d) Notification of partial closure and final closure. (1) The owner
or operator must notify the Regional Administrator in writing at least
60 days prior to the date on which he expects to begin closure of a
surface impoundment, waste pile, land treatment or landfill unit, or
final closure of a facility with such a unit. The owner or operator must
notify the Regional Administrator in writing at least 45 days prior to
the date on which he expects to begin final closure of a facility with
only treatment or storage tanks, container storage, or incinerator units
to be closed. The owner or operator must notify the Regional
Administrator in writing at least 45 days prior to the date on which he
expects to begin partial or final closure of a boiler or industrial
furnace, whichever is earlier.
(2) The date when he ``expects to begin closure'' must be either:
(i) No later than 30 days after the date on which any hazardous
waste management unit receives the known final volume of hazardous
wastes, or if there is a reasonable possibility that the hazardous waste
management unit will receive additional hazardous wastes, no later than
one year after the date on which the unit received the most recent
volume of hazardous wastes. If the owner or operator of a hazardous
waste management unit can demonstrate to the Regional Administrator that
the hazardous waste management unit or facility has the capacity to
receive additional hazardous wastes and he has taken all steps to
prevent threats to human health and the environment, including
compliance with all applicable permit requirements, the Regional
Administrator may approve an extension to this one-year limit; or
[[Page 220]]
(ii) For units meeting the requirements of Sec. 264.113(d), no later
than 30 days after the date on which the hazardous waste management unit
receives the known final volume of non-hazardous wastes, or if there is
a reasonable possibility that the hazardous waste management unit will
receive additional non-hazardous wastes, no later than one year after
the date on which the unit received the most recent volume of non-
hazardous wastes. If the owner or operator can demonstrate to the
Regional Administrator that the hazardous waste management unit has the
capacity to receive additional non-hazardous wastes and he has taken,
and will continue to take, all steps to prevent threats to human health
and the environment, including compliance with all applicable permit
requirements, the Regional Administrator may approve an extension to
this one-year limit.
(3) If the facility's permit is terminated, or if the facility is
otherwise ordered, by judicial decree or final order under section 3008
of RCRA, to cease receiving hazardous wastes or to close, then the
requirements of this paragraph do not apply. However, the owner or
operator must close the facility in accordance with the deadlines
established in Sec. 264.113.
(e) Removal of wastes and decontamination or dismantling of
equipment. Nothing in this section shall preclude the owner or operator
from removing hazardous wastes and decontaminating or dismantling
equipment in accordance with the approved partial or final closure plan
at any time before or after notification of partial or final closure.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53
FR 37935, Sept. 28, 1988; 54 FR 33394, Aug. 14, 1989; 56 FR 7207, Feb.
21, 1991; 57 FR 37265, Aug. 18, 1992; 63 FR 56733, Oct. 22, 1998]
Sec. 264.113 Closure; time allowed for closure.
(a) Within 90 days after receiving the final volume of hazardous
wastes, or the final volume of non-hazardous wastes if the owner or
operator complies with all applicable requirements in paragraphs (d) and
(e) of this section, at a hazardous waste management unit or facility,
the owner or operator must treat, remove from the unit or facility, or
dispose of on-site, all hazardous wastes in accordance with the approved
closure plan. The Regional Administrator may approve a longer period if
the owner or operator complies with all applicable requirements for
requesting a modification to the permit and demonstrates that:
(1)(i) The activities required to comply with this paragraph will,
of necessity, take longer than 90 days to complete; or
(ii)(A) The hazardous waste management unit or facility has the
capacity to receive additional hazardous wastes, or has the capacity to
receive non-hazardous wastes if the owner or operator complies with
paragraphs (d) and (e) of this section; and
(B) There is a reasonable likelihood that he or another person will
recommence operation of the hazardous waste management unit or the
facility within one year; and
(C) Closure of the hazardous waste management unit or facility would
be incompatible with continued operation of the site; and
(2) He has taken and will continue to take all steps to prevent
threats to human health and the environment, including compliance with
all applicable permit requirements.
(b) The owner or operator must complete partial and final closure
activities in accordance with the approved closure plan and within 180
days after receiving the final volume of hazardous wastes, or the final
volume of non-hazardous wastes if the owner or operator complies with
all applicable requirements in paragraphs (d) and (e) of this section,
at the hazardous waste management unit or facility. The Regional
Administrator may approve an extension to the closure period if the
owner or operator complies with all applicable requirements for
requesting a modification to the permit and demonstrates that:
(1)(i) The partial or final closure activities will, of necessity,
take longer than 180 days to complete; or
(ii)(A) The hazardous waste management unit or facility has the
capacity to receive additional hazardous wastes, or has the capacity to
receive non-hazardous wastes if the owner or operator
[[Page 221]]
complies with paragraphs (d) and (e) of this section; and
(B) There is reasonable likelihood that he or another person will
recommence operation of the hazardous waste management unit or the
facility within one year; and
(C) Closure of the hazardous waste management unit or facility would
be incompatible with continued operation of the site; and
(2) He has taken and will continue to take all steps to prevent
threats to human health and the environment from the unclosed but not
operating hazardous waste management unit or facility, including
compliance with all applicable permit requirements.
(c) The demonstrations referred to in paragraphs (a)(1) and (b)(1)
of this section must be made as follows:
(1) The demonstrations in paragraph (a)(1) of this section must be
made at least 30 days prior to the expiration of the 90-day period in
paragraph (a) of this section; and
(2) The demonstration in paragraph (b)(1) of this section must be
made at least 30 days prior to the expiration of the 180-day period in
paragraph (b) of this section, unless the owner or operator is otherwise
subject to the deadlines in paragraph (d) of this section.
(d) The Regional Administrator may allow an owner or operator to
receive only non-hazardous wastes in a landfill, land treatment, or
surface impoundment unit after the final receipt of hazardous wastes at
that unit if:
(1) The owner or operator requests a permit modification in
compliance with all applicable requirements in parts 270 and 124 of this
title and in the permit modification request demonstrates that:
(i) The unit has the existing design capacity as indicated on the
part A application to receive non-hazardous wastes; and
(ii) There is a reasonable likelihood that the owner or operator or
another person will receive non-hazardous wastes in the unit within one
year after the final receipt of hazardous wastes; and
(iii) The non-hazardous wastes will not be incompatible with any
remaining wastes in the unit, or with the facility design and operating
requirements of the unit or facility under this part; and
(iv) Closure of the hazardous waste management unit would be
incompatible with continued operation of the unit or facility; and
(v) The owner or operator is operating and will continue to operate
in compliance with all applicable permit requirements; and
(2) The request to modify the permit includes an amended waste
analysis plan, ground-water monitoring and response program, human
exposure assessment required under RCRA section 3019, and closure and
post-closure plans, and updated cost estimates and demonstrations of
financial assurance for closure and post-closure care as necessary and
appropriate, to reflect any changes due to the presence of hazardous
constituents in the non-hazardous wastes, and changes in closure
activities, including the expected year of closure if applicable under
Sec. 264.112(b)(7), as a result of the receipt of non-hazardous wastes
following the final receipt of hazardous wastes; and
(3) The request to modify the permit includes revisions, as
necessary and appropriate, to affected conditions of the permit to
account for the receipt of non-hazardous wastes following receipt of the
final volume of hazardous wastes; and
(4) The request to modify the permit and the demonstrations referred
to in paragraphs (d)(1) and (d)(2) of this section are submitted to the
Regional Administrator no later than 120 days prior to the date on which
the owner or operator of the facility receives the known final volume of
hazardous wastes at the unit, or no later than 90 days after the
effective date of this rule in the state in which the unit is located,
whichever is later.
(e) In addition to the requirements in paragraph (d) of this
section, an owner or operator of a hazardous waste surface impoundment
that is not in compliance with the liner and leachate collection system
requirements in 42 U.S.C. 3004(o)(1) and 3005(j)(1) or 42 U.S.C. 3004(o)
(2) or (3) or 3005(j) (2), (3), (4) or (13) must:
(1) Submit with the request to modify the permit:
[[Page 222]]
(i) A contingent corrective measures plan, unless a corrective
action plan has already been submitted under Sec. 264.99; and
(ii) A plan for removing hazardous wastes in compliance with
paragraph (e)(2) of this section; and
(2) Remove all hazardous wastes from the unit by removing all
hazardous liquids, and removing all hazardous sludges to the extent
practicable without impairing the integrity of the liner(s), if any.
(3) Removal of hazardous wastes must be completed no later than 90
days after the final receipt of hazardous wastes. The Regional
Administrator may approve an extension to this deadline if the owner or
operator demonstrates that the removal of hazardous wastes will, of
necessity, take longer than the allotted period to complete and that an
extension will not pose a threat to human health and the environment.
(4) If a release that is a statistically significant increase (or
decrease in the case of pH) over background values for detection
monitoring parameters or constituents specified in the permit or that
exceeds the facility's ground-water protection standard at the point of
compliance, if applicable, is detected in accordance with the
requirements in subpart F of this part, the owner or operator of the
unit:
(i) Must implement corrective measures in accordance with the
approved contingent corrective measures plan required by paragraph
(e)(1) of this section no later than one year after detection of the
release, or approval of the contingent corrective measures plan,
whichever is later;
(ii) May continue to receive wastes at the unit following detection
of the release only if the approved corrective measures plan includes a
demonstration that continued receipt of wastes will not impede
corrective action; and
(iii) May be required by the Regional Administrator to implement
corrective measures in less than one year or to cease the receipt of
wastes until corrective measures have been implemented if necessary to
protect human health and the environment.
(5) During the period of corrective action, the owner or operator
shall provide semi-annual reports to the Regional Administrator that
describe the progress of the corrective action program, compile all
ground-water monitoring data, and evaluate the effect of the continued
receipt of non-hazardous wastes on the effectiveness of the corrective
action.
(6) The Regional Administrator may require the owner or operator to
commence closure of the unit if the owner or operator fails to implement
corrective action measures in accordance with the approved contingent
corrective measures plan within one year as required in paragraph (e)(4)
of this section, or fails to make substantial progress in implementing
corrective action and achieving the facility's ground-water protection
standard or background levels if the facility has not yet established a
ground-water protection standard.
(7) If the owner or operator fails to implement corrective measures
as required in paragraph (e)(4) of this section, or if the Regional
Administrator determines that substantial progress has not been made
pursuant to paragraph (e)(6) of this section he shall:
(i) Notify the owner or operator in writing that the owner or
operator must begin closure in accordance with the deadlines in
paragraphs (a) and (b) of this section and provide a detailed statement
of reasons for this determination, and
(ii) Provide the owner or operator and the public, through a
newspaper notice, the opportunity to submit written comments on the
decision no later than 20 days after the date of the notice.
(iii) If the Regional Administrator receives no written comments,
the decision will become final five days after the close of the comment
period. The Regional Administrator will notify the owner or operator
that the decision is final, and that a revised closure plan, if
necessary, must be submitted within 15 days of the final notice and that
closure must begin in accordance with the deadlines in paragraphs (a)
and (b) of this section.
(iv) If the Regional Administrator receives written comments on the
decision, he shall make a final decision
[[Page 223]]
within 30 days after the end of the comment period, and provide the
owner or operator in writing and the public through a newspaper notice,
a detailed statement of reasons for the final decision. If the Regional
Administrator determines that substantial progress has not been made,
closure must be initiated in accordance with the deadlines in paragraphs
(a) and (b) of this section.
(v) The final determinations made by the Regional Administrator
under paragraphs (e)(7) (iii) and (iv) of this section are not subject
to administrative appeal.
[51 FR 16444, May 2, 1986, as amended at 54 FR 33394, Aug. 14, 1989]
Sec. 264.114 Disposal or decontamination of equipment, structures and soils.
During the partial and final closure periods, all contaminated
equipment, structures and soils must be properly disposed of or
decontaminated unless otherwise specified in Secs. 264.197, 264.228,
264.258, 264.280 or Sec. 264.310. By removing any hazardous wastes or
hazardous constituents during partial and final closure, the owner or
operator may become a generator of hazardous waste and must handle that
waste in accordance with all applicable requirements of part 262 of this
chapter.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53
FR 34086, Sept. 2, 1988]
Sec. 264.115 Certification of closure.
Within 60 days of completion of closure of each hazardous waste
surface impoundment, waste pile, land treatment, and landfill unit, and
within 60 days of the completion of final closure, the owner or operator
must submit to the Regional Administrator, by registered mail, a
certification that the hazardous waste management unit or facility, as
applicable, has been closed in accordance with the specifications in the
approved closure plan. The certification must be signed by the owner or
operator and by an independent registered professional engineer.
Documentation supporting the independent registered professional
engineer's certification must be furnished to the Regional Administrator
upon request until he releases the owner or operator from the financial
assurance requirements for closure under Sec. 264.143(i).
Sec. 264.116 Survey plat.
No later than the submission of the certification of closure of each
hazardous waste disposal unit, the owner or operator must submit to the
local zoning authority, or the authority with jurisdiction over local
land use, and to the Regional Administrator, a survey plat indicating
the location and dimensions of landfills cells or other hazardous waste
disposal units with respect to permanently surveyed benchmarks. This
plat must be prepared and certified by a professional land surveyor. The
plat filed with the local zoning authority, or the authority with
jurisdiction over local land use, must contain a note, prominently
displayed, which states the owner's or operator's obligation to restrict
disturbance of the hazardous waste disposal unit in accordance with the
applicable subpart G regulations.
Sec. 264.117 Post-closure care and use of property.
(a)(1) Post-closure care for each hazardous waste management unit
subject to the requirements of Secs. 264.117 through 264.120 must begin
after completion of closure of the unit and continue for 30 years after
that date and must consist of at least the following:
(i) Monitoring and reporting in accordance with the requirements of
subparts F, K, L, M, N, and X of this part; and
(ii) Maintenance and monitoring of waste containment systems in
accordance with the requirements of subparts F, K, L, M, N, and X of
this part.
(2) Any time preceding partial closure of a hazardous waste
management unit subject to post-closure care requirements or final
closure, or any time during the post-closure period for a particular
unit, the Regional Administrator may, in accordance with the permit
modification procedures in parts 124 and 270:
(i) Shorten the post-closure care period applicable to the hazardous
waste management unit, or facility, if all disposal units have been
closed, if he finds that the reduced period is sufficient to
[[Page 224]]
protect human health and the environment (e.g., leachate or ground-water
monitoring results, characteristics of the hazardous wastes, application
of advanced technology, or alternative disposal, treatment, or re-use
techniques indicate that the hazardous waste management unit or facility
is secure); or
(ii) Extend the post-closure care period applicable to the hazardous
waste management unit or facility if he finds that the extended period
is necessary to protect human health and the environment (e.g., leachate
or ground-water monitoring results indicate a potential for migration of
hazardous wastes at levels which may be harmful to human health and the
environment).
(b) The Regional Administrator may require, at partial and final
closure, continuation of any of the security requirements of Sec. 264.14
during part or all of the post-closure period when:
(1) Hazardous wastes may remain exposed after completion of partial
or final closure; or
(2) Access by the public or domestic livestock may pose a hazard to
human health.
(c) Post-closure use of property on or in which hazardous wastes
remain after partial or final closure must never be allowed to disturb
the integrity of the final cover, liner(s), or any other components of
the containment system, or the function of the facility's monitoring
systems, unless the Regional Administrator finds that the disturbance:
(1) Is necessary to the proposed use of the property, and will not
increase the potential hazard to human health or the environment; or
(2) Is necessary to reduce a threat to human health or the
environment.
(d) All post-closure care activities must be in accordance with the
provisions of the approved post-closure plan as specified in
Sec. 264.118.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987]
Sec. 264.118 Post-closure plan; amendment of plan.
(a) Written Plan. The owner or operator of a hazardous waste
disposal unit must have a written post-closure plan. In addition,
certain surface impoundments and waste piles from which the owner or
operator intends to remove or decontaminate the hazardous wastes at
partial or final closure are required by Secs. 264.228(c)(1)(ii) and
264.258(c)(1)(ii) to have contingent post-closure plans. Owners or
operators of surface impoundments and waste piles not otherwise required
to prepare contingent post-closure plans under Secs. 264.228(c)(1)(ii)
and 264.258(c)(1)(ii) must submit a post-closure plan to the Regional
Administrator within 90 days from the date that the owner or operator or
Regional administrator determines that the hazardous waste management
unit must be closed as a landfill, subject to the requirements of
Secs. 264.117 through 264.120. The plan must be submitted with the
permit application, in accordance with Sec. 270.14(b)(13) of this
chapter, and approved by the Regional Administrator as part of the
permit issuance procedures under part 124 of this chapter. In accordance
with Sec. 270.32 of this chapter, the approved post-closure plan will
become a condition of any RCRA permit issued.
(b) For each hazardous waste management unit subject to the
requirements of this section, the post-closure plan must identify the
activities that will be carried on after closure of each disposal unit
and the frequency of these activities, and include at least:
(1) A description of the planned monitoring activities and
frequencies at which they will be performed to comply with subparts F,
K, L, M, N, and X of this part during the post-closure care period; and
(2) A description of the planned maintenance activities, and
frequencies at which they will be performed, to ensure:
(i) The integrity of the cap and final cover or other containment
systems in accordance with the requirements of subparts F, K, L, M, N,
and X of this part; and
(ii) The function of the monitoring equipment in accordance with the
requirements of subparts, F, K, L, M, N, and X of this part; and
(3) The name, address, and phone number of the person or office to
contact about the hazardous waste disposal unit or facility during the
post-closure care period.
[[Page 225]]
(4) For facilities where the Regional Administrator has applied
alternative requirements at a regulated unit under Secs. 264.90(f),
264.110(c), and/or Secs. 264.140(d), either the alternative requirements
that apply to the regulated unit, or a reference to the enforceable
document containing those requirements.
(c) Until final closure of the facility, a copy of the approved
post-closure plan must be furnished to the Regional Administrator upon
request, including request by mail. After final closure has been
certified, the person or office specified in Sec. 264.188(b)(3) must
keep the approved post-closure plan during the remainder of the post-
closure period.
(d) Amendment of plan. The owner or operator must submit a written
notification of or request for a permit modification to authorize a
change in the approved post-closure plan in accordance with the
applicable requirements in parts 124 and 270. The written notification
or request must include a copy of the amended post-closure plan for
review or approval by the Regional Administrator.
(1) The owner or operator may submit a written notification or
request to the Regional Administrator for a permit modification to amend
the post-closure plan at any time during the active life of the facility
or during the post-closure care period.
(2) The owner or operator must submit a written notification of or
request for a permit modification to authorize a change in the approved
post-closure plan whenever:
(i) Changes in operating plans or facility design affect the
approved post-closure plan, or
(ii) There is a change in the expected year of final closure, if
applicable, or
(iii) Events which occur during the active life of the facility,
including partial and final closures, affect the approved post-closure
plan.
(iv) The owner or operator requests the Regional Administrator to
apply alternative requirements to a regulated unit under
Secs. 264.90(f), 264.110(c), and/or Sec. 264.140(d).
(3) The owner or operator must submit a written request for a permit
modification at least 60 days prior to the proposed change in facility
design or operation, or no later than 60 days after an unexpected event
has occurred which has affected the post-closure plan. An owner or
operator of a surface impoundment or waste pile that intends to remove
all hazardous waste at closure and is not otherwise required to submit a
contingent post-closure plan under Secs. 264.228(c)(1)(ii) and
264.258(c)(1)(ii) must submit a post-closure plan to the Regional
Administrator no later than 90 days after the date that the owner or
operator or Regional Administrator determines that the hazardous waste
management unit must be closed as a landfill, subject to the
requirements of Sec. 264.310. The Regional Administrator will approve,
disapprove or modify this plan in accordance with the procedures in
parts 124 and 270. In accordance with Sec. 270.32 of this chapter, the
approved post-closure plan will become a permit condition.
(4) The Regional Administrator may request modifications to the plan
under the conditions described in Sec. 264.118(d)(2). The owner or
operator must submit the modified plan no later than 60 days after the
Regional Administrator's request, or no later than 90 days if the unit
is a surface impoundment or waste pile not previously required to
prepare a contingent post-closure plan. Any modifications requested by
the Regional Administrator will be approved, disapproved, or modified in
accordance with the procedures in parts 124 and 270.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46964, Dec. 10, 1987; 53
FR 37935, Sept. 28,1988; 63 FR 56733, Oct. 22, 1998]
Sec. 264.119 Post-closure notices.
(a) No later than 60 days after certification of closure of each
hazardous waste disposal unit, the owner or operator must submit to the
local zoning authority, or the authority with jurisdiction over local
land use, and to the Regional Administrator a record of the type,
location, and quantity of hazardous wastes disposed of within each cell
or other disposal unit of the facility. For hazardous wastes disposed of
before January 12, 1981, the owner or operator must identify the type,
location, and quantity of the hazardous wastes to the best of his
knowledge and in accordance with any records he has kept.
[[Page 226]]
(b) Within 60 days of certification of closure of the first
hazardous waste disposal unit and within 60 days of certification of
closure of the last hazardous waste disposal unit, the owner or operator
must:
(1) Record, in accordance with State law, a notation on the deed to
the facility property--or on some other instrument which is normally
examined during title search--that will in perpetuity notify any
potential purchaser of the property that:
(i) The land has been used to manage hazardous wastes; and
(ii) Its use is restricted under 40 CFR subpart G regulations; and
(iii) The survey plat and record of the type, location, and quantity
of hazardous wastes disposed of within each cell or other hazardous
waste disposal unit of the facility required by Secs. 264.116 and
264.119(a) have been filed with the local zoning authority or the
authority with jurisdiction over local land use and with the Regional
Administrator; and
(2) Submit a certification, signed by the owner or operator, that he
has recorded the notation specified in paragraph (b)(1) of this section,
including a copy of the document in which the notation has been placed,
to the Regional Administrator.
(c) If the owner or operator or any subsequent owner or operator of
the land upon which a hazardous waste disposal unit is located wishes to
remove hazardous wastes and hazardous waste residues, the liner, if any,
or contaminated soils, he must request a modification to the post-
closure permit in accordance with the applicable requirements in parts
124 and 270. The owner or operator must demonstrate that the removal of
hazardous wastes will satisfy the criteria of Sec. 264.117(c). By
removing hazardous waste, the owner or operator may become a generator
of hazardous waste and must manage it in accordance with all applicable
requirements of this chapter. If he is granted a permit modification or
otherwise granted approval to conduct such removal activities, the owner
or operator may request that the Regional Administrator approve either:
(1) The removal of the notation on the deed to the facility property
or other instrument normally examined during title search; or
(2) The addition of a notation to the deed or instrument indicating
the removal of the hazardous waste.
Sec. 264.120 Certification of completion of post-closure care.
No later than 60 days after completion of the established post-
closure care period for each hazardous waste disposal unit, the owner or
operator must submit to the Regional Administrator, by registered mail,
a certification that the post-closure care period for the hazardous
waste disposal unit was performed in accordance with the specifications
in the approved post-closure plan. The certification must be signed by
the owner or operator and an independent registered professional
engineer. Documentation supporting the independent registered
professional engineer's certification must be furnished to the Regional
Administrator upon request until he releases the owner or operator from
the financial assurance requirements for post-closure care under
Sec. 264.145(i).
Subpart H--Financial Requirements
Source: 47 FR 15047, Apr. 7, 1982, unless otherwise noted.
Sec. 264.140 Applicability.
(a) The requirements of Secs. 264.142, 264.143, and 264.147 through
264.151 apply to owners and operators of all hazardous waste facilities,
except as provided otherwise in this section or in Sec. 264.1.
(b) The requirements of Secs. 264.144 and 264.145 apply only to
owners and operators of:
(1) Disposal facilities;
(2) Piles, and surface impoundments from which the owner or operator
intends to remove the wastes at closure, to the extent that these
sections are made applicable to such facilities in Secs. 264.228 and
264.258;
(3) Tank systems that are required under Sec. 264.197 to meet the
requirements for landfills; and
(4) Containment buildings that are required under Sec. 264.1102 to
meet the requirements for landfills.
[[Page 227]]
(c) States and the Federal government are exempt from the
requirements of this subpart.
(d) The Regional Administrator may replace all or part of the
requirements of this subpart applying to a regulated unit with
alternative requirements for financial assurance set out in the permit
or in an enforceable document (as defined in 40 CFR 270.1(c)(7)), where
the Regional Administrator:
(1) Prescribes alternative requirements for the regulated unit under
Sec. 264.90(f) and/or Sec. 264.110(d); and
(2) Determines that it is not necessary to apply the requirements of
this subpart because the alternative financial assurance requirements
will protect human health and the environment.
[47 FR 15047, Apr. 7, 1982, as amended at 47 FR 32357, July 26, 1982; 51
FR 25472, July 14, 1986; 57 FR 37265, Aug. 18, 1992; 63 FR 56733, Oct.
22, 1998]
Sec. 264.141 Definitions of terms as used in this subpart.
(a) Closure plan means the plan for closure prepared in accordance
with the requirements of Sec. 264.112.
(b) Current closure cost estimate means the most recent of the
estimates prepared in accordance with Sec. 264.142 (a), (b), and (c).
(c) Current post-closure cost estimate means the most recent of the
estimates prepared in accordance with Sec. 264.144 (a), (b), and (c).
(d) Parent corporation means a corporation which directly owns at
least 50 percent of the voting stock of the corporation which is the
facility owner or operator; the latter corporation is deemed a
``subsidiary'' of the parent corporation.
(e) Post-closure plan means the plan for post-closure care prepared
in accordance with the requirements of Secs. 264.117 through 264.120.
(f) The following terms are used in the specifications for the
financial tests for closure, post-closure care, and liability coverage.
The definitions are intended to assist in the understanding of these
regulations and are not intended to limit the meanings of terms in a way
that conflicts with generally accepted accounting practices.
Assets means all existing and all probable future economic benefits
obtained or controlled by a particular entity.
Current assets means cash or other assets or resources commonly
identified as those which are reasonably expected to be realized in cash
or sold or consumed during the normal operating cycle of the business.
Current liabilities means obligations whose liquidation is
reasonably expected to require the use of existing resources properly
classifiable as current assets or the creation of other current
liabilities.
Current plugging and abandonment cost estimate means the most recent
of the estimates prepared in accordance with Sec. 144.62(a), (b), and
(c) of this title.
Independently audited refers to an audit performed by an independent
certified public accountant in accordance with generally accepted
auditing standards.
Liabilities means probable future sacrifices of economic benefits
arising from present obligations to transfer assets or provide services
to other entities in the future as a result of past transactions or
events.
Net working capital means current assets minus current liabilities.
Net worth means total assets minus total liabilities and is
equivalent to owner's equity.
Tangible net worth means the tangible assets that remain after
deducting liabilities; such assets would not include intangibles such as
goodwill and rights to patents or royalties.
(g) In the liability insurance requirements the terms bodily injury
and property damage shall have the meanings given these terms by
applicable State law. However, these terms do not include those
liabilities which, consistent with standard industry practices, are
excluded from coverage in liability policies for bodily injury and
property damage. The Agency intends the meanings of other terms used in
the liability insurance requirements to be consistent with their common
meanings within the insurance industry. The definitions given below of
several of the terms are intended to assist in the understanding of
these regulations and are not intended to limit
[[Page 228]]
their meanings in a way that conflicts with general insurance industry
usage.
Accidental occurrence means an accident, including continuous or
repeated exposure to conditions, which results in bodily injury or
property damage neither expected nor intended from the standpoint of the
insured.
Legal defense costs means any expenses that an insurer incurs in
defending against claims of third parties brought under the terms and
conditions of an insurance policy.
Nonsudden accidental occurrence means an occurrence which takes
place over time and involves continuous or repeated exposure.
Sudden accidental occurrence means an occurrence which is not
continuous or repeated in nature.
(h) Substantial business relationship means the extent of a business
relationship necessary under applicable State law to make a guarantee
contract issued incident to that relationship valid and enforceable. A
``substantial business relationship'' must arise from a pattern of
recent or ongoing business transactions, in addition to the guarantee
itself, such that a currently existing business relationship between the
guarantor and the owner or operator is demonstrated to the satisfaction
of the applicable EPA Regional Administrator.
[47 FR 16554, Apr. 16, 1982, as amended at 51 FR 16447, May 2, 1986; 53
FR 33950, Sept. 1, 1988]
Sec. 264.142 Cost estimate for closure.
(a) The owner or operator must have a detailed written estimate, in
current dollars, of the cost of closing the facility in accordance with
the requirements in Secs. 264.111 through 264.115 and applicable closure
requirements in Secs. 264.178, 264.197, 264.228, 264.258, 264.280,
264.310, 264.351, 264.601 through 264.603, and 264.1102.
(1) The estimate must equal the cost of final closure at the point
in the facility's active life when the extent and manner of its
operation would make closure the most expensive, as indicated by its
closure plan (see Sec. 264.112(b)); and
(2) The closure cost estimate must be based on the costs to the
owner or operator of hiring a third party to close the facility. A third
party is a party who is neither a parent nor a subsidiary of the owner
or operator. (See definition of parent corporation in Sec. 264.141(d).)
The owner or operator may use costs for on-site disposal if he can
demonstrate that on-site disposal capacity will exist at all times over
the life of the facility.
(3) The closure cost estimate may not incorporate any salvage value
that may be realized with the sale of hazardous wastes, or non-hazardous
wastes if applicable under Sec. 264.113(d), facility structures or
equipment, land, or other assets associated with the facility at the
time of partial or final closure.
(4) The owner or operator may not incorporate a zero cost for
hazardous wastes, or non-hazardous wastes if applicable under
Sec. 264.113(d), that might have economic value.
(b) During the active life of the facility, the owner or operator
must adjust the closure cost estimate for inflation within 60 days prior
to the anniversary date of the establishment of the financial
instrument(s) used to comply with Sec. 264.143. For owners and operators
using the financial test or corporate guarantee, the closure cost
estimate must be updated for inflation within 30 days after the close of
the firm's fiscal year and before submission of updated information to
the Regional Administrator as specified in Sec. 264.143(f)(3). The
adjustment may be made by recalculating the maximum costs of closure in
current dollars, or by using an inflation factor derived from the most
recent Implicit Price Deflator for Gross National Product published by
the U.S. Department of Commerce in its Survey of Current Business, as
specified in paragraphs (b)(1) and (2) of this section. The inflation
factor is the result of dividing the latest published annual Deflator by
the Deflator for the previous year.
(1) The first adjustment is made by multiplying the closure cost
estimate by the inflation factor. The result is the adjusted closure
cost estimate.
(2) Subsequent adjustments are made by mutliplying the latest
adjusted closure cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator
must revise the closure cost estimate no later than
[[Page 229]]
30 days after the Regional Administrator has approved the request to
modify the closure plan, if the change in the closure plan increases the
cost of closure. The revised closure cost estimate must be adjusted for
inflation as specified in Sec. 264.142(b).
(d) The owner or operator must keep the following at the facility
during the operating life of the facility: The latest closure cost
estimate prepared in accordance with Sec. 264.142 (a) and (c) and, when
this estimate has been adjusted in accordance with Sec. 264.142(b), the
latest adjusted closure cost estimate.
[47 FR 15047, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51
FR 16447, May 2, 1986; 52 FR 46964, Dec. 10, 1987; 54 FR 33395, Aug. 14,
1989; 57 FR 37265, Aug. 18, 1992]
Sec. 264.143 Financial assurance for closure.
An owner or operator of each facility must establish financial
assurance for closure of the facility. He must choose from the options
as specified in paragraphs (a) through (f) of this section.
(a) Closure trust fund. (1) An owner or operator may satisfy the
requirements of this section by establishing a closure trust fund which
conforms to the requirements of this paragraph and submitting an
originally signed duplicate of the trust agreement to the Regional
Administrator. An owner or operator of a new facility must submit the
originally signed duplicate of the trust agreement to the Regional
Administrator at least 60 days before the date on which hazardous waste
is first received for treatment, storage, or disposal. The trustee must
be an entity which has the authority to act as a trustee and whose trust
operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must be identical to the
wording specified in Sec. 264.151(a)(1), and the trust agreement must be
accompanied by a formal certification of acknowledgment (for example,
see Sec. 264.151(a)(2)). Schedule A of the trust agreement must be
updated within 60 days after a change in the amount of the current
closure cost estimate covered by the agreement.
(3) Payments into the trust fund must be made annually by the owner
or operator over the term of the initial RCRA permit or over the
remaining operating life of the facility as estimated in the closure
plan, whichever period is shorter; this period is hereafter referred to
as the ``pay-in period.'' The payments into the closure trust fund must
be made as follows:
(i) For a new facility, the first payment must be made before the
initial receipt of hazardous waste for treatment, storage, or disposal.
A receipt from the trustee for this payment must be submitted by the
owner or operator to the Regional Administrator before this initial
receipt of hazardous waste. The first payment must be at least equal to
the current closure cost estimate, except as provided in
Sec. 264.143(g), divided by the number of years in the pay-in period.
Subsequent payments must be made no later than 30 days after each
anniversary date of the first payment. The amount of each subsequent
payment must be determined by this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050
where CE is the current closure cost estimate, CV is the current value
of the trust fund, and Y is the number of years remaining in the pay-in
period.
(ii) If an owner or operator establishes a trust fund as specified
in Sec. 265.143(a) of this chapter, and the value of that trust fund is
less than the current closure cost estimate when a permit is awarded for
the facility, the amount of the current closure cost estimate still to
be paid into the trust fund must be paid in over the pay-in period as
defined in paragraph (a)(3) of this section. Payments must continue to
be made no later than 30 days after each anniversary date of the first
payment made pursuant to part 265 of this chapter. The amount of each
payment must be determined by this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050
where CE is the current closure cost estimate, CV is the current value
of the trust fund, and Y is the number of years remaining in the pay-in
period.
[[Page 230]]
(4) The owner or operator may accelerate payments into the trust
fund or he may deposit the full amount of the current closure cost
estimate at the time the fund is established. However, he must maintain
the value of the fund at no less than the value that the fund would have
if annual payments were made as specified in paragraph (a)(3) of this
section.
(5) If the owner or operator establishes a closure trust fund after
having used one or more alternate mechanisms specified in this section
or in Sec. 265.143 of this chapter, his first payment must be in at
least the amount that the fund would contain if the trust fund were
established initially and annual payments made according to
specifications of this paragraph and Sec. 265.143(a) of this chapter, as
applicable.
(6) After the pay-in period is completed, whenever the current
closure cost estimate changes, the owner or operator must compare the
new estimate with the trustee's most recent annual valuation of the
trust fund. If the value of the fund is less than the amount of the new
estimate, the owner or operator, within 60 days after the change in the
cost estimate, must either deposit an amount into the fund so that its
value after this deposit at least equals the amount of the current
closure cost estimate, or obtain other financial assurance as specified
in this section to cover the difference.
(7) If the value of the trust fund is greater than the total amount
of the current closure cost estimate, the owner or operator may submit a
written request to the Regional Administrator for release of the amount
in excess of the current closure cost estimate.
(8) If an owner or operator substitutes other financial assurance as
specified in this section for all or part of the trust fund, he may
submit a written request to the Regional Administrator for release of
the amount in excess of the current closure cost estimate covered by the
trust fund.
(9) Within 60 days after receiving a request from the owner or
operator for release of funds as specified in paragraph (a) (7) or (8)
of this section, the Regional Administrator will instruct the trustee to
release to the owner or operator such funds as the Regional
Administrator specifies in writing.
(10) After beginning partial or final closure, an owner or operator
or another person authorized to conduct partial or final closure may
request reimbursements for partial or final closure expenditures by
submitting itemized bills to the Regional Administrator. The owner or
operator may request reimbursements for partial closure only if
sufficient funds are remaining in the trust fund to cover the maximum
costs of closing the facility over its remaining operating life. Within
60 days after receiving bills for partial or final closure activities,
the Regional Administrator will instruct the trustee to make
reimbursements in those amounts as the Regional Administrator specifies
in writing, if the Regional Administrator determines that the partial or
final closure expenditures are in accordance with the approved closure
plan, or otherwise justified. If the Regional Administrator has reason
to believe that the maximum cost of closure over the remaining life of
the facility will be significantly greater than the value of the trust
fund, he may withhold reimbursements of such amounts as he deems prudent
until he determines, in accordance with Sec. 264.143(i) that the owner
or operator is no longer required to maintain financial assurance for
final closure of the facility. If the Regional Administrator does not
instruct the trustee to make such reimbursements, he will provide the
owner or operator with a detailed written statement of reasons.
(11) The Regional Administrator will agree to termination of the
trust when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with Sec. 264.143(i).
(b) Surety bond guaranteeing payment into a closure trust fund. (1)
An owner or operator may satisfy the requirements of this section by
obtaining a surety bond which conforms to the requirements of this
paragraph and submitting the bond to the Regional Administrator. An
owner or operator of a new
[[Page 231]]
facility must submit the bond to the Regional Administrator at least 60
days before the date on which hazardous waste is first received for
treatment, storage, or disposal. The bond must be effective before this
initial receipt of hazardous waste. The surety company issuing the bond
must, at a minimum, be among those listed as acceptable sureties on
Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be identical to the wording
specified in Sec. 264.151(b).
(3) The owner or operator who uses a surety bond to satisfy the
requirements of this section must also establish a standby trust fund.
Under the terms of the bond, all payments made thereunder will be
deposited by the surety directly into the standby trust fund in
accordance with instructions from the Regional Administrator. This
standby trust fund must meet the requirements specified in
Sec. 264.143(a), except that:
(i) An originally signed duplicate of the trust agreement must be
submitted to the Regional Administrator with the surety bond; and
(ii) Until the standby trust fund is funded pursuant to the
requirements of this section, the following are not required by these
regulations:
(A) Payments into the trust fund as specified in Sec. 264.143(a);
(B) Updating of Schedule A of the trust agreement (see
Sec. 264.151(a)) to show current closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Fund the standby trust fund in an amount equal to the penal sum
of the bond before the beginning of final closure of the facility; or
(ii) Fund the standby trust fund in an amount equal to the penal sum
within 15 days after an administrative order to begin final closure
issued by the Regional Administrator becomes final, or within 15 days
after an order to begin final closure is issued by a U.S. district court
or other court of competent jurisdiction; or
(iii) Provide alternate financial assurance as specified in this
section, and obtain the Regional Administrator's written approval of the
assurance provided, within 90 days after receipt by both the owner or
operator and the Regional Administrator of a notice of cancellation of
the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on
the bond obligation when the owner or operator fails to perform as
guaranteed by the bond.
(6) The penal sum of the bond must be in an amount at least equal to
the current closure cost estimate, except as provided in
Sec. 264.143(g).
(7) Whenever the current closure cost estimate increases to an
amount greater then the penal sum, the owner or operator, within 60 days
after the increase, must either cause the penal sum to be increased to
an amount at least equal to the current closure cost estimate and submit
evidence of such increase to the Regional Administrator, or obtain other
financial assurance as specified in this section to cover the increase.
Whenever the current closure cost estimate decreases, the penal sum may
be reduced to the amount of the current closure cost estimate following
written approval by the Regional Administrator.
(8) Under the terms of the bond, the surety may cancel the bond by
sending notice of cancellation by certified mail to the owner or
operator and to the Regional Administrator. Cancellation may not occur,
however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Regional
Administrator, as evidence by the return receipts.
(9) The owner or operator may cancel the bond if the Regional
Administrator has given prior written consent based on his receipt of
evidence of alternate financial assurance as specified in this section.
(c) Surety bond guaranteeing performance of closure. (1) An owner or
operator may satisfy the requirements of this section by obtaining a
surety bond which conforms to the requirements of this paragraph and
submitting the bond to the Regional Administrator.
[[Page 232]]
An owner or operator of a new facility must submit the bond to the
Regional Administrator at least 60 days before the date on which
hazardous waste is first received for treatment, storage, or disposal.
The bond must be effective before this initial receipt of hazardous
waste. The surety company issuing the bond must, at a minimum, be among
those listed as acceptable sureties on Federal bonds in Circular 570 of
the U.S. Department of the Treasury.
(2) The wording of the surety bond must be identical to the wording
specified in Sec. 264.151(c).
(3) The owner or operator who uses a surety bond to satisfy the
requirements of this section must also establish a standby trust fund.
Under the terms of the bond, all payments made thereunder will be
deposited by the surety directly into the standby trust fund in
accordance with instructions from the Regional Administrator. This
standby trust must meet the requirements specified in Sec. 264.143(a),
except that:
(i) An originally signed duplicate of the trust agreement must be
submitted to the Regional Administrator with the surety bond; and
(ii) Unless the standby trust fund is funded pursuant to the
requirements of this section, the following are not required by these
regulations:
(A) Payments into the trust fund as specified in Sec. 264.143(a);
(B) Updating of Schedule A of the trust agreement (see
Sec. 264.151(a)) to show current closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Perform final closure in accordance with the closure plan and
other requirements of the permit for the facility whenever required to
do so; or
(ii) Provide alternate financial assurance as specified in this
section, and obtain the Regional Administrator's written approval of the
assurance provided, within 90 days after receipt by both the owner or
operator and the Regional Administrator of a notice of cancellation of
the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on
the bond obligation when the owner or operator fails to perform as
guaranteed by the bond. Following a final administrative determination
pursuant to section 3008 of RCRA that the owner or operator has failed
to perform final closure in accordance with the approved closure plan
and other permit requirements when required to do so, under the terms of
the bond the surety will perform final closure as guaranteed by the bond
or will deposit the amount of the penal sum into the standby trust fund.
(6) The penal sum of the bond must be in an amount at least equal to
the current closure cost estimate.
(7) Whenever the current closure cost estimate increases to an
amount greater than the penal sum, the owner or operator, within 60 days
after the increase, must either cause the penal sum to be increased to
an amount at least equal to the current closure cost estimate and submit
evidence of such increase to the Regional Administrator, or obtain other
financial assurance as specified in this section. Whenever the current
closure cost estimate decreases, the penal sum may be reduced to the
amount of the current closure cost estimate following written approval
by the Regional Administrator.
(8) Under the terms of the bond, the surety may cancel the bond by
sending notice of cancellation by certified mail to the owner or
operator and to the Regional Administrator. Cancellation may not occur,
however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Regional
Administrator has given prior written consent. The Regional
Administrator will provide such written consent when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with Sec. 264.143(i).
[[Page 233]]
(10) The surety will not be liable for deficiencies in the
performance of closure by the owner or operator after the Regional
Administrator releases the owner or operator from the requirements of
this section in accordance with Sec. 264.143(i).
(d) Closure letter of credit. (1) An owner or operator may satisfy
the requirements of this section by obtaining an irrevocable standby
letter of credit which conforms to the requirements of this paragraph
and submitting the letter to the Regional Administrator. An owner or
operator of a new facility must submit the letter of credit to the
Regional Administrator at least 60 days before the date on which
hazardous waste is first received for treatment, storage, or disposal.
The letter of credit must be effective before this initial receipt of
hazardous waste. The issuing institution must be an entity which has the
authority to issue letters of credit and whose letter-of-credit
operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit must be identical to the
wording specified in Sec. 264.151(d).
(3) An owner or operator who uses a letter of credit to satisfy the
requirements of this section must also establish a standby trust fund.
Under the terms of the letter of credit, all amounts paid pursuant to a
draft by the Regional Administrator will be deposited by the issuing
institution directly into the standby trust fund in accordance with
instructions from the Regional Administrator. This standby trust fund
must meet the requirements of the trust fund specified in
Sec. 264.143(a), except that:
(i) An originally signed duplicate of the trust agreement must be
submitted to the Regional Administrator with the letter of credit; and
(ii) Unless the standby trust fund is funded pursuant to the
requirements of this section, the following are not required by these
regulations:
(A) Payments into the trust fund as specified in Sec. 264.143(a);
(B) Updating of Schedule A of the trust agreement (see
Sec. 264.151(a)) to show current closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The letter of credit must be accompanied by a letter from the
owner or operator referring to the letter of credit by number, issuing
institution, and date, and providing the following information: the EPA
Identification Number, name, and address of the facility, and the amount
of funds assured for closure of the facility by the letter of credit.
(5) The letter of credit must be irrevocable and issued for a period
of at least 1 year. The letter of credit must provide that the
expiration date will be automatically extended for a period of at least
1 year unless, at least 120 days before the current expiration date, the
issuing institution notifies both the owner or operator and the Regional
Administrator by certified mail of a decision not to extend the
expiration date. Under the terms of the letter of credit, the 120 days
will begin on the date when both the owner or operator and the Regional
Administrator have received the notice, as evidenced by the return
receipts.
(6) The letter of credit must be issued in an amount at least equal
to the current closure cost estimate, except as provided in
Sec. 264.143(g).
(7) Whenever the current closure cost estimate increases to an
amount greater than the amount of the credit, the owner or operator,
within 60 days after the increase, must either cause the amount of the
credit to be increased so that it at least equals the current closure
cost estimate and submit evidence of such increase to the Regional
Administrator, or obtain other financial assurance as specified in this
section to cover the increase. Whenever the current closure cost
estimate decreases, the amount of the credit may be reduced to the
amount of the current closure cost estimate following written approval
by the Regional Administrator.
(8) Following a final administrative determination pursuant to
section 3008 of RCRA that the owner or operator has failed to perform
final closure in accordance with the closure plan and other permit
requirements when required to do so, the Regional Administrator may draw
on the letter of credit.
[[Page 234]]
(9) If the owner or operator does not establish alternate financial
assurance as specified in this section and obtain written approval of
such alternate assurance from the Regional Administrator within 90 days
after receipt by both the owner or operator and the Regional
Administrator of a notice from issuing institution that it has decided
not to extend the letter of credit beyond the current expiration date,
the Regional Administrator will draw on the letter of credit. The
Regional Administrator may delay the drawing if the issuing institution
grants an extension of the term of the credit. During the last 30 days
of any such extension the Regional Administrator will draw on the letter
of credit if the owner or operator has failed to provide alternate
financial assurance as specified in this section and obtain written
approval of such assurance from the Regional Administrator.
(10) The Regional Administrator will return the letter of credit to
the issuing institution for termination when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with Sec. 264.143(i).
(e) Closure insurance. (1) An owner or operator may satisfy the
requirements of this section by obtaining closure insurance which
conforms to the requirements of this paragraph and submitting a
certificate of such insurance to the Regional Administrator. An owner or
operator of a new facility must submit the certificate of insurance to
the Regional Administrator at least 60 days before the date on which
hazardous waste is first received for treatment, storage, or disposal.
The insurance must be effective before this initial receipt of hazardous
waste. At a minimum, the insurer must be licensed to transact the
business of insurance, or eligible to provide insurance as an excess or
surplus lines insurer, in one or more States.
(2) The wording of the certificate of insurance must be identical to
the wording specified in Sec. 264.151(e).
(3) The closure insurance policy must be issued for a face amount at
least equal to the current closure cost estimate, except as provided in
Sec. 264.143(g). The term ``face amount'' means the total amount the
insurer is obligated to pay under the policy. Actual payments by the
insurer will not change the face amount, although the insurer's future
liability will be lowered by the amount of the payments.
(4) The closure insurance policy must guarantee that funds will be
available to close the facility whenever final closure occurs. The
policy must also guarantee that once final closure begins, the insurer
will be responsible for paying out funds, up to an amount equal to the
face amount of the policy, upon the direction of the Regional
Administrator, to such party or parties as the Regional Administrator
specifies.
(5) After beginning partial or final closure, an owner or operator
or any other person authorized to conduct closure may request
reimbursements for closure expenditures by submitting itemized bills to
the Regional Administrator. The owner or operator may request
reimbursements for partial closure only if the remaining value of the
policy is sufficient to cover the maximum costs of closing the facility
over its remaining operating life. Within 60 days after receiving bills
for closure activities, the Regional Administrator will instruct the
insurer to make reimbursements in such amounts as the Regional
Administrator specifies in writing, if the Regional Administrator
determines that the partial or final closure expenditures are in
accordance with the approved closure plan or otherwise justified. If the
Regional Administrator has reason to believe that the maximum cost of
closure over the remaining life of the facility will be signficantly
greater than the face amount of the policy, he may withhold
reimbursements of such amounts as he deems prudent until he determines,
in accordance with Sec. 264.143(i), that the owner or operator is no
longer required to maintain financial assurance for final closure of the
facility. If the Regional Administrator does not instruct
[[Page 235]]
the insurer to make such reimbursements, he will provide the owner or
operator with a detailed written statement of reasons.
(6) The owner or operator must maintain the policy in full force and
effect until the Regional Administrator consents to termination of the
policy by the owner or operator as specified in paragraph (e)(10) of
this section. Failure to pay the premium, without substitution of
alternate financial assurance as specified in this section, will
constitute a significant violation of these regulations, warranting such
remedy as the Regional Administrator deems necessary. Such violation
will be deemed to begin upon receipt by the Regional Administrator of a
notice of future cancellation, termination, or failure to renew due to
nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy must contain a provision allowing assignment of the
policy to a successor owner or operator. Such assignment may be
conditional upon consent of the insurer, provided such consent is not
unreasonably refused.
(8) The policy must provide that the insurer may not cancel,
terminate, or fail to renew the policy except for failure to pay the
premium. The automatic renewal of the policy must, at a minimum, provide
the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer
may elect to cancel, terminate, or fail to renew the policy by sending
notice by certified mail to the owner or operator and the Regional
Administrator. Cancellation, termination, or failure to renew may not
occur, however, during the 120 days beginning with the date of receipt
of the notice by both the Regional Administrator and the owner or
operator, as evidenced by the return receipts. Cancellation,
termination, or failure to renew may not occur and the policy will
remain in full force and effect in the event that on or before the date
of expiration:
(i) The Regional Administrator deems the facility abandoned; or
(ii) The permit is terminated or revoked or a new permit is denied;
or
(iii) Closure is ordered by the Regional Administrator or a U.S.
district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor in a voluntary or
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current closure cost estimate increases to an
amount greater than the face amount of the policy, the owner or
operator, within 60 days after the increase, must either cause the face
amount to be increased to an amount at least equal to the current
closure cost estimate and submit evidence of such increase to the
Regional Administrator, or obtain other financial assurance as specified
in this section to cover the increase. Whenever the current closure cost
estimate decreases, the face amount may be reduced to the amount of the
current closure cost estimate following written approval by the Regional
Administrator.
(10) The Regional Administrator will give written consent to the
owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with Sec. 264.143(i).
(f) Financial test and corporate guarantee for closure. (1) An owner
or operator may satisfy the requirements of this section by
demonstrating that he passes a financial test as specified in this
paragraph. To pass this test the owner or operator must meet the
criteria of either paragraph (f)(1)(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: a ratio of total liabilities
to net worth less than 2.0; a ratio of the sum of net income plus
depreciation, depletion, and amortization to total liabilities greater
than 0.1; and a ratio of current assets to current liabilities greater
than 1.5; and
(B) Net working capital and tangible net worth each at least six
times the sum of the current closure and post-closure cost estimates and
the current
[[Page 236]]
plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90
percent of total assets or at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA,
A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as
issued by Moody's; and
(B) Tangible net worth at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90
percent of total assets or at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates.
(2) The phrase ``current closure and post-closure cost estimates''
as used in paragraph (f)(1) of this section refers to the cost estimates
required to be shown in paragraphs 1-4 of the letter from the owner's or
operator's chief financial officer (Sec. 264.151(f)). The phrase
``current plugging and abandonment cost estimates'' as used in paragraph
(f)(1) of this section refers to the cost estimates required to be shown
in paragraphs 1-4 of the letter from the owner's or operator's chief
financial officer (Sec. 144.70(f) of this title).
(3) To demonstrate that he meets this test, the owner or operator
must submit the following items to the Regional Administrator:
(i) A letter signed by the owner's or operator's chief financial
officer and worded as specified in Sec. 264.151(f); and
(ii) A copy of the independent certified public accountant's report
on examination of the owner's or operator's financial statements for the
latest completed fiscal year; and
(iii) A special report from the owner's or operator's independent
certified public accountant to the owner or operator stating that:
(A) He has compared the data which the letter from the chief
financial officer specifies as having been derived from the
independently audited, year-end financial statements for the latest
fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no matters came to his
attention which caused him to believe that the specified data should be
adjusted.
(4) An owner or operator of a new facility must submit the items
specified in paragraph (f)(3) of this section to the Regional
Administrator at least 60 days before the date on which hazardous waste
is first received for treatment, storage, or disposal.
(5) After the initial submission of items specified in paragraph
(f)(3) of this section, the owner or operator must send updated
information to the Regional Administrator within 90 days after the close
of each succeeding fiscal year. This information must consist of all
three items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of
paragraph (f)(1) of this section, he must send notice to the Regional
Administrator of intent to establish alternate financial assurance as
specified in this section. The notice must be sent by certified mail
within 90 days after the end of the fiscal year for which the year-end
financial data show that the owner or operator no longer meets the
requirements. The owner or operator must provide the alternate financial
assurance within 120 days after the end of such fiscal year.
(7) The Regional Administrator may, based on a reasonable belief
that the owner or operator may no longer meet the requirements of
paragraph (f)(1) of this section, require reports of financial condition
at any time from the owner or operator in addition to those specified in
paragraph (f)(3) of this section. If the Regional Administrator finds,
on the basis of such reports or other information, that the owner or
operator no longer meets the requirements of paragraph (f)(1) of this
section, the owner or operator must provide alternate financial
assurance as
[[Page 237]]
specified in this section within 30 days after notification of such a
finding.
(8) The Regional Administrator may disallow use of this test on the
basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's
or operator's financial statements (see paragraph (f)(3)(ii) of this
section). An adverse opinion or a disclaimer of opinion will be cause
for disallowance. The Regional Administrator will evaluate other
qualifications on an individual basis. The owner or operator must
provide alternate financial assurance as specified in this section
within 30 days after notification of the disallowance.
(9) The owner or operator is no longer required to submit the items
specified in paragraph (f)(3) of this section when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with Sec. 264.143(i).
(10) An owner or operator may meet the requirements of this section
by obtaining a written guarantee. The guarantor must be the direct or
higher-tier parent corporation of the owner or operator, a firm whose
parent corporation is also the parent corporation of the owner or
operator, or a firm with a ``substantial business relationship'' with
the owner or operator. The guarantor must meet the requirements for
owners or operators in paragraphs (f)(1) through (8) of this section and
must comply with the terms of the guarantee. The wording of the
guarantee must be identical to the wording specified in Sec. 264.151(h).
The certified copy of the guarantee must accompany the items sent to the
Regional Administrator as specified in paragraph (f)(3) of this section.
One of these items must be the letter from the guarantor's chief
financial officer. If the guarantor's parent corporation is also the
parent corporation of the owner or operator, the letter must describe
the value received in consideration of the guarantee. If the guarantor
is a firm with a ``substantial business relationship'' with the owner or
operator, this letter must describe this ``substantial business
relationship'' and the value received in consideration of the guarantee.
The terms of the guarantee must provide that:
(i) If the owner or operator fails to perform final closure of a
facility covered by the corporate guarantee in accordance with the
closure plan and other permit requirements whenever required to do so,
the guarantor will do so or establish a trust fund as specified in
Sec. 264.143(a) in the name of the owner or operator.
(ii) The corporate guarantee will remain in force unless the
guarantor sends notice of cancellation by certified mail to the owner or
operator and to the Regional Administrator. Cancellation may not occur,
however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(iii) If the owner or operator fails to provide alternate financial
assurance as specified in this section and obtain the written approval
of such alternate assurance from the Regional Administrator within 90
days after receipt by both the owner or operator and the Regional
Administrator of a notice of cancellation of the corporate guarantee
from the guarantor, the guarantor will provide such alternative
financial assurance in the name of the owner or operator.
(g) Use of multiple financial mechanisms. An owner or operator may
satisfy the requirements of this section by establishing more than one
financial mechanism per facility. These mechanisms are limited to trust
funds, surety bonds guaranteeing payment into a trust fund, letters of
credit, and insurance. The mechanisms must be as specified in paragraphs
(a), (b), (d), and (e), respectively, of this section, except that it is
the combination of mechanisms, rather than the single mechanism, which
must provide financial assurance for an amount at least equal to the
current closure cost estimate. If an owner or operator uses a trust fund
in combination with a surety bond or a letter of credit, he may use the
trust fund as the standby trust fund for the other mechanisms. A single
standby trust fund may be established for two
[[Page 238]]
or more mechanisms. The Regional Administrator may use any or all of the
mechanisms to provide for closure of the facility.
(h) Use of a financial mechanism for multiple facilities. An owner
or operator may use a financial assurance mechanism specified in this
section to meet the requirements of this section for more than one
facility. Evidence of financial assurance submitted to the Regional
Administrator must include a list showing, for each facility, the EPA
Identification Number, name, address, and the amount of funds for
closure assured by the mechanism. If the facilities covered by the
mechanism are in more than one Region, identical evidence of financial
assurance must be submitted to and maintained with the Regional
Administrators of all such Regions. The amount of funds available
through the mechanism must be no less than the sum of funds that would
be available if a separate mechanism had been established and maintained
for each facility. In directing funds available through the mechanism
for closure of any of the facilities covered by the mechanism, the
Regional Administrator may direct only the amount of funds designated
for that facility, unless the owner or operator agrees to the use of
additional funds available under the mechanism.
(i) Release of the owner or operator from the requirements of this
section. Within 60 days after receiving certifications from the owner or
operator and an independent registered professional engineer that final
closure has been completed in accordance with the approved closure plan,
the Regional Administrator will notify the owner or operator in writing
that he is no longer required by this section to maintain financial
assurance for final closure of the facility, unless the Regional
Administrator has reason to believe that final closure has not been in
accordance with the approved closure plan. The Regional Administrator
shall provide the owner or operator a detailed written statement of any
such reason to believe that closure has not been in accordance with the
approved closure plan.
[47 FR 15047, Apr. 7, 1982, as amended at 51 FR 16448, May 2, 1986; 57
FR 42835, Sept. 16, 1992]
Sec. 264.144 Cost estimate for post-closure care.
(a) The owner or operator of a disposal surface impoundment,
disposal miscellaneous unit, land treatment unit, or landfill unit, or
of a surface impoundment or waste pile required under Secs. 264.228 and
264.258 to prepare a contingent closure and post-closure plan, must have
a detailed written estimate, in current dollars, of the annual cost of
post-closure monitoring and maintenance of the facility in accordance
with the applicable post-closure regulations in Secs. 264.117 through
264.120, 264.228, 264.258, 264.280, 264.310, and 264.603.
(1) The post-closure cost estimate must be based on the costs to the
owner or operator of hiring a third party to conduct post-closure care
activities. A third party is a party who is neither a parent nor a
subsidiary of the owner or operator. (See definition of parent
corporation in Sec. 264.141(d).)
(2) The post-closure cost estimate is calculated by multiplying the
annual post-closure cost estimate by the number of years of post-closure
care required under Sec. 264.117.
(b) During the active life of the facility, the owner or operator
must adjust the post-closure cost estimate for inflation within 60 days
prior to the anniversary date of the establishment of the financial
instrument(s) used to comply with Sec. 264.145. For owners or operators
using the financial test or corporate guarantee, the post-closure cost
estimate must be updated for inflation within 30 days after the close of
the firm's fiscal year and before the submission of updated information
to the Regional Administrator as specified in Sec. 264.145(f)(5). The
adjustment may be made by recalculating the post-closure cost estimate
in current dollars or by using an inflation factor derived from the most
recent Implicit Price Deflator for Gross National Product published by
the U.S. Department of Commerce
[[Page 239]]
in its Survey of Current Business as specified in Sec. 264.145(b)(1) and
(2). The inflation factor is the result of dividing the latest published
annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the post-closure
cost estimate by the inflation factor. The result is the adjusted post-
closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest
adjusted post-closure cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator
must revise the post-closure cost estimate within 30 days after the
Regional Administrator has approved the request to modify the post-
closure plan, if the change in the post-closure plan increases the cost
of post-closure care. The revised post-closure cost estimate must be
adjusted for inflation as specified in Sec. 264.144(b).
(d) The owner or operator must keep the following at the facility
during the operating life of the facility: The latest post-closure cost
estimate prepared in accordance with Sec. 264.144 (a) and (c) and, when
this estimate has been adjusted in accordance with Sec. 264.144(b), the
latest adjusted post-closure cost estimate.
[47 FR 15047, Apr. 7, 1982, as amended at 47 FR 32357, July 26, 1982; 50
FR 4514, Jan. 31, 1985; 51 FR 16449, May 2, 1986; 52 FR 46964, Dec. 10,
1987]
Sec. 264.145 Financial assurance for post-closure care.
The owner or operator of a hazardous waste management unit subject
to the requirements of Sec. 264.144 must establish financial assurance
for post-closure care in accordance with the approved post-closure plan
for the facility 60 days prior to the initial receipt of hazardous waste
or the effective date of the regulation, whichever is later. He must
choose from the following options:
(a) Post-closure trust fund. (1) An owner or operator may satisfy
the requirements of this section by establishing a post-closure trust
fund which conforms to the requirements of this paragraph and submitting
an originally signed duplicate of the trust agreement to the Regional
Administrator. An owner or operator of a new facility must submit the
originally signed duplicate of the trust agreement to the Regional
Administrator at least 60 days before the date on which hazardous waste
is first received for disposal. The trustee must be an entity which has
the authority to act as a trustee and whose trust operations are
regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must be identical to the
wording specified in Sec. 264.151(a)(1), and the trust agreement must be
accompanied by a formal certification of acknowledgment (for example,
see Sec. 264.151(a)(2)). Schedule A of the trust agreement must be
updated within 60 days after a change in the amount of the current post-
closure cost estimate covered by the agreement.
(3) Payments into the trust fund must be made annually by the owner
or operator over the term of the initial RCRA permit or over the
remaining operating life of the facility as estimated in the closure
plan, whichever period is shorter; this period is hereafter referred to
as the ``pay-in period.'' The payments into the post-closure trust fund
must be made as follows:
(i) For a new facility, the first payment must be made before the
initial receipt of hazardous waste for disposal. A receipt from the
trustee for this payment must be submitted by the owner or operator to
the Regional Administrator before this initial receipt of hazardous
waste. The first payment must be at least equal to the current post-
closure cost estimate, except as provided in Sec. 264.145(g), divided by
the number of years in the pay-in period. Subsequent payments must be
made no later than 30 days after each anniversay date of the first
payment. The amount of each subsequent payment must be determined by
this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050
where CE is the current post-closure cost estimate, CV is the current
value of the trust fund, and Y is the number
[[Page 240]]
of years remaining in the pay-in period.
(ii) If an owner or operator establishes a trust fund as specified
in Sec. 265.145(a) of this chapter, and the value of that trust fund is
less than the current post-closure cost estimate when a permit is
awarded for the facility, the amount of the current post-closure cost
estimate still to be paid into the fund must be paid in over the pay-in
period as defined in paragraph (a)(3) of this section. Payments must
continue to be made no later than 30 days after each anniversary date of
the first payment made pursuant to Part 265 of this chapter. The amount
of each payment must be determined by this formula:
[GRAPHIC] [TIFF OMITTED] TC01AU92.050
where CE is the current post-closure cost estimate, CV is the current
value of the trust fund, and Y is the number of years remaining in the
pay-in period.
(4) The owner or operator may accelerate payments into the trust
fund or he may deposit the full amount of the current post-closure cost
estimate at the time the fund is established. However, he must maintain
the value of the fund at no less than the value that the fund would have
if annual payments were made as specified in paragraph (a)(3) of this
section.
(5) If the owner or operator establishes a post-closure trust fund
after having used one or more alternate mechanisms specified in this
section or in Sec. 265.145 of this chapter, his first payment must be in
at least the amount that the fund would contain if the trust fund were
established initially and annual payments made according to
specifications of this paragraph and Sec. 265.145(a) of this chapter, as
applicable.
(6) After the pay-in period is completed, whenever the current post-
closure cost estimate changes during the operating life of the facility,
the owner or operator must compare the new estimate with the trustee's
most recent annual valuation of the trust fund. If the value of the fund
is less than the amount of the new estimate, the owner or operator,
within 60 days after the change in the cost estimate, must either
deposit an amount into the fund so that its value after this deposit at
least equals the amount of the current post-closure cost estimate, or
obtain other financial assurance as specified in this section to cover
the difference.
(7) During the operating life of the facility, if the value of the
trust fund is greater than the total amount of the current post-closure
cost estimate, the owner or operator may submit a written request to the
Regional Administrator for release of the amount in excess of the
current post-closure cost estimate.
(8) If an owner or operator substitutes other financial assurance as
specified in this section for all or part of the trust fund, he may
submit a written request to the Regional Administrator for release of
the amount in excess of the current post-closure cost estimate covered
by the trust fund.
(9) Within 60 days after receiving a request from the owner or
operator for release of funds as specified in paragraph (a) (7) or (8)
of this section, the Regional Administrator will instruct the trustee to
release to the owner or operator such funds as the Regional
Administrator specifies in writing.
(10) During the period of post-closure care, the Regional
Administrator may approve a release of funds if the owner or operator
demonstrates to the Regional Administrator that the value of the trust
fund exceeds the remaining cost of post-closure care.
(11) An owner or operator or any other person authorized to conduct
post-closure care may request reimbursements for post-closure care
expenditures by submitting itemized bills to the Regional Administrator.
Within 60 days after receiving bills for post-closure care activities,
the Regional Administrator will instruct the trustee to make
reimbursements in those amounts as the Regional Administrator specifies
in writing, if the Regional Administrator determines that the post-
closure care expenditures are in accordance with the approved post-
closure plan or otherwise justified. If the Regional Administrator does
not instruct the trustee to make such reimbursements, he will provide
the
[[Page 241]]
owner or operator with a detailed written statement of reasons.
(12) The Regional Administrator will agree to termination of the
trust when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with Sec. 264.145(i).
(b) Surety bond guaranteeing payment into a post-closure trust fund.
(1) An owner or operator may satisfy the requirements of this section by
obtaining a surety bond which conforms to the requirements of this
paragraph and submitting the bond to the Regional Administrator. An
owner or operator of a new facility must submit the bond to the Regional
Administrator at least 60 days before the date on which hazardous waste
is first received for disposal. The bond must be effective before this
initial receipt of hazardous waste. The surety company issuing the bond
must, at a minimum, be among those listed as acceptable sureties on
Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be identical to the wording
specified in Sec. 264.151(b).
(3) The owner or operator who uses a surety bond to satisfy the
requirements of this section must also establish a standby trust fund.
Under the terms of the bond, all payments made thereunder will be
deposited by the surety directly into the standby trust fund in
accordance with instructions from the Regional Administrator. This
standby trust fund must meet the requirements specified in
Sec. 264.145(a), except that:
(i) An originally signed duplicate of the trust agreement must be
submitted to the Regional Administrator with the surety bond; and
(ii) Until the standby trust fund is funded pursuant to the
requirements of this section, the following are not required by these
regulations:
(A) Payments into the trust fund as specified in Sec. 264.145(a);
(B) Updating of Schedule A of the trust agreement (see
Sec. 264.151(a)) to show current post-closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Fund the standby trust fund in an amount equal to the penal sum
of the bond before the beginning of final closure of the facility; or
(ii) Fund the standby trust fund in an amount equal to the penal sum
within 15 days after an administrative order to begin final closure
issued by the Regional Administrator becomes final, or within 15 days
after an order to begin final closure is issued by a U.S. district court
or other court of competent jurisdiction; or
(iii) Provide alternate financial assurance as specified in this
section, and obtain the Regional Administrator's written approval of the
assurance provided, within 90 days after receipt by both the owner or
operator and the Regional Administrator of a notice of cancellation of
the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on
the bond obligation when the owner or operator fails to perform as
guaranteed by the bond.
(6) The penal sum of the bond must be in an amount at least equal to
the current post-closure cost estimate, except as provided in
Sec. 264.145(g).
(7) Whenever the current post-closure cost estimate increases to an
amount greater than the penal sum, the owner or operator, within 60 days
after the increase, must either cause the penal sum to be increased to
an amount at least equal to the current post-closure cost estimate and
submit evidence of such increase to the Regional Administrator, or
obtain other financial assurance as specified in this section to cover
the increase. Whenever the current post-closure cost estimate decreases,
the penal sum may be reduced to the amount of the current post-closure
cost estimate following written approval by the Regional Administrator.
(8) Under the terms of the bond, the surety may cancel the bond by
sending notice of cancellation by certified mail to the owner or
operator and to the
[[Page 242]]
Regional Administrator. Cancellation may not occur, however, during the
120 days beginning on the date of receipt of the notice of cancellation
by both the owner or operator and the Regional Administrator, as
evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Regional
Administrator has given prior written consent based on his receipt of
evidence of alternate financial assurance as specified in this section.
(c) Surety bond guaranteeing performance of post-closure care. (1)
An owner or operator may satisfy the requirements of this section by
obtaining a surety bond which conforms to the requirements of this
paragraph and submitting the bond to the Regional Administrator. An
owner or operator of a new facility must submit the bond to the Regional
Administrator at least 60 days before the date on which hazardous waste
is first received for disposal. The bond must be effective before this
initial receipt of hazardous waste. The surety company issuing the bond
must, at a minimum, be among those listed as acceptable sureties on
Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond must be identical to the wording
specified in Sec. 264.151(c).
(3) The owner or operator who uses a surety bond to satisfy the
requirements of this section must also establish a standby trust fund.
Under the terms of the bond, all payments made thereunder will be
deposited by the surety directly into the standby trust fund in
accordance with instructions from the Regional Administrator. This
standby trust fund must meet the requirements specified in
Sec. 264.145(a), except that:
(i) An originally signed duplicate of the trust agreement must be
submitted to the Regional Administrator with the surety bond; and
(ii) Unless the standby trust fund is funded pursuant to the
requirements of this section, the following are not required by these
regulations:
(A) Payments into the trust fund as specified in Sec. 264.145(a);
(B) Updating of Schedule A of the trust agreement (see
Sec. 264.151(a)) to show current post-closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The bond must guarantee that the owner or operator will:
(i) Perform post-closure care in accordance with the post-closure
plan and other requirements of the permit for the facility; or
(ii) Provide alternate financial assurance as specified in this
section, and obtain the Regional Administrator's written approval of the
assurance provided, within 90 days of receipt by both the owner or
operator and the Regional Administrator of a notice of cancellation of
the bond from the surety.
(5) Under the terms of the bond, the surety will become liable on
the bond obligation when the owner or operator fails to perform as
guaranteed by the bond. Following a final administrative determination
pursuant to section 3008 of RCRA that the owner or operator has failed
to perform post-closure care in accordance with the approved post-
closure plan and other permit requirements, under the terms of the bond
the surety will perform post-closure care in accordance with the post-
closure plan and other permit requirements or will deposit the amount of
the penal sum into the standby trust fund.
(6) The penal sum of the bond must be in an amount at least equal to
the current post-closure cost estimate.
(7) Whenever the current post-closure cost estimate increases to an
amount greater than the penal sum during the operating life of the
facility, the owner or operator, within 60 days after the increase, must
either cause the penal sum to be increased to an amount at least equal
to the current post-closure cost estimate and submit evidence of such
increase to the Regional Administrator, or obtain other financial
assurance as specified in this section. Whenever the current post-
closure cost estimate decreases during the operating life of the
facility, the penal sum may be reduced to the amount of the current
post-closure cost estimate following written approval by the Regional
Administrator.
[[Page 243]]
(8) During the period of post-closure care, the Regional
Administrator may approve a decrease in the penal sum if the owner or
operator demonstrates to the Regional Administrator that the amount
exceeds the remaining cost of post-closure care.
(9) Under the terms of the bond, the surety may cancel the bond by
sending notice of cancellation by certified mail to the owner or
operator and to the Regional Administrator. Cancellation may not occur,
however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(10) The owner or operator may cancel the bond if the Regional
Administrator has given prior written consent. The Regional
Administrator will provide such written consent when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with Sec. 264.145(i).
(11) The surety will not be liable for deficiencies in the
performance of post-closure care by the owner or operator after the
Regional Administrator releases the owner or operator from the
requirements of this section in accordance with Sec. 264.145(i).
(d) Post-closure letter of credit. (1) An owner or operator may
satisfy the requirements of this section by obtaining an irrevocable
standby letter of credit which conforms to the requirements of this
paragraph and submitting the letter to the Regional Administrator. An
owner or operator of a new facility must submit the letter of credit to
the Regional Administrator at least 60 days before the date on which
hazardous waste is first received for disposal. The letter of credit
must be effective before this initial receipt of hazardous waste. The
issuing institution must be an entity which has the authority to issue
letters of credit and whose letter-of-credit operations are regulated
and examined by a Federal or State agency.
(2) The wording of the letter of credit must be identical to the
wording specified in Sec. 264.151(d).
(3) An owner or operator who uses a letter of credit to satisfy the
requirements of this section must also establish a standby trust fund.
Under the terms of the letter of credit, all amounts paid pursuant to a
draft by the Regional Administrator will be deposited by the issuing
institution directly into the standby trust fund in accordance with
instructions from the Regional Administrator. This standby trust fund
must meet the requirements of the trust fund specified in
Sec. 264.145(a), except that:
(i) An originally signed duplicate of the trust agreement must be
submitted to the Regional Administrator with the letter of credit; and
(ii) Unless the standby trust fund is funded pursuant to the
requirements of this section, the following are not required by these
regulations:
(A) Payments into the trust fund as specified in Sec. 264.145(a);
(B) Updating of Schedule A of the trust agreement (see
Sec. 264.151(a)) to show current post-closure cost estimates;
(C) Annual valuations as required by the trust agreement; and
(D) Notices of nonpayment as required by the trust agreement.
(4) The letter of credit must be accompanied by a letter from the
owner or operator referring to the letter of credit by number, issuing
institution, and date, and providing the following information: the EPA
Identification Number, name, and address of the facility, and the amount
of funds assured for post-closure care of the facility by the letter of
credit.
(5) The letter of credit must be irrevocable and issued for a period
of at least 1 year. The letter of credit must provide that the
expiration date will be automatically extended for a period of at least
1 year unless, at least 120 days before the current expiration date, the
issuing institution notifies both the owner or operator and the Regional
Administrator by certified mail of a decision not to extend the
expiration date. Under the terms of the letter of credit, the 120 days
will begin on the date when both the owner or operator and
[[Page 244]]
the Regional Administrator have received the notice, as evidenced by the
return receipts.
(6) The letter of credit must be issued in a amount at least equal
to the current post-closure cost estimate, except as provided in
Sec. 264.145(g).
(7) Whenever the current post-closure cost estimate increases to an
amount greater than the amount of the credit during the operating life
of the facility, the owner or operator, within 60 days after the
increase, must either cause the amount of the credit to be increased so
that it at least equals the current post-closure cost estimate and
submit evidence of such increase to the Regional Administrator, or
obtain other financial assurance as specified in this section to cover
the increase. Whenever the current post-closure cost estimate decreases
during the operating life of the facility, the amount of the credit may
be reduced to the amount of the current post-closure cost estimate
following written approval by the Regional Administrator.
(8) During the period of post-closure care, the Regional
Administrator may approve a decrease in the amount of the letter of
credit if the owner or operator demonstrates to the Regional
Administrator that the amount exceeds the remaining cost of post-closure
care.
(9) Following a final administrative determination pursuant to
section 3008 of RCRA that the owner or operator has failed to perform
post-closure care in accordance with the approved post-closure plan and
other permit requirements, the Regional Administrator may draw on the
letter of credit.
(10) If the owner or operator does not establish alternate financial
assurance as specified in this section and obtain written approval of
such alternate assurance from the Regional Administrator within 90 days
after receipt by both the owner or operator and the Regional
Administrator of a notice from the issuing institution that it has
decided not to extend the letter of credit beyond the current expiration
date, the Regional Administrator will draw on the letter of credit. The
Regional Administrator may delay the drawing if the issuing institution
grants an extension of the term of the credit. During the last 30 days
of any such extension the Regional Administrator will draw on the letter
of credit if the owner or operator has failed to provide alternate
financial assurance as specified in this section and obtain written
approval of such assurance from the Regional Administrator.
(11) The Regional Administrator will return the letter of credit to
the issuing institution for termination when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with Sec. 264.145(i).
(e) Post-closure insurance. (1) An owner or operator may satisfy the
requirements of this section by obtaining post-closure insurance which
conforms to the requirements of this paragraph and submitting a
certificate of such insurance to the Regional Administrator. An owner or
operator of a new facility must submit the certificate of insurance to
the Regional Administrator at least 60 days before the date on which
hazardous waste is first received for disposal. The insurance must be
effective before this initial receipt of hazardous waste. At a minimum,
the insurer must be licensed to transact the business of insurance, or
eligible to provide insurance as an excess or surplus lines insurer, in
one or more States.
(2) The wording of the certificate of insurance must be identical to
the wording specified in Sec. 264.151(e).
(3) The post-closure insurance policy must be issued for a face
amount at least equal to the current post-closure cost estimate, except
as provided in Sec. 264.145(g). The term ``face amount'' means the total
amount the insurer is obligated to pay under the policy. Actual payments
by the insurer will not change the face amount, although the insurer's
future liability will be lowered by the amount of the payments.
(4) The post-closure insurance policy must guarantee that funds will
be available to provide post-closure care of the facility whenever the
post-closure period begins. The policy must also guarantee that once
post-closure
[[Page 245]]
care begins, the insurer will be responsible for paying out funds, up to
an amount equal to the face amount of the policy, upon the direction of
the Regional Administrator, to such party or parties as the Regional
Administrator specifies.
(5) An owner or operator or any other person authorized to conduct
post-closure care may request reimbursements for post-closure care
expenditures by submitting itemized bills to the Regional Administrator.
Within 60 days after receiving bills for post-closure care activities,
the Regional Administrator will instruct the insurer to make
reimbursements in those amounts as the Regional Administrator specifies
in writing, if the Regional Administrator determines that the post-
closure care expenditures are in accordance with the approved post-
closure plan or otherwise justified. If the Regional Administrator does
not instruct the insurer to make such reimbursements, he will provide
the owner or operator with a detailed written statement of reasons.
(6) The owner or operator must maintain the policy in full force and
effect until the Regional Administrator consents to termination of the
policy by the owner or operator as specified in paragraph (e)(11) of
this section. Failure to pay the premium, without substitution of
alternate financial assurance as specified in this section, will
constitute a significant violation of these regulations, warranting such
remedy as the Regional Administrator deems necessary. Such violation
will be deemed to begin upon receipt by the Regional Administrator of a
notice of future cancellation, termination, or failure to renew due to
nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy must contain a provision allowing assignment of the
policy to a successor owner or operator. Such assignment may be
conditional upon consent of the insurer, provided such consent is not
unreasonably refused.
(8) The policy must provide that the insurer may not cancel,
terminate, or fail to renew the policy except for failure to pay the
premium. The automatic renewal of the policy must, at a minimum, provide
the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer
may elect to cancel, terminate, or fail to renew the policy by sending
notice by certified mail to the owner or operator and the Regional
Administrator. Cancellation, termination, or failure to renew may not
occur, however, during the 120 days beginning with the date of receipt
of the notice by both the Regional Administrator and the owner or
operator, as evidenced by the return receipts. Cancellation,
termination, or failure to renew may not occur and the policy will
remain in full force and effect in the event that on or before the date
of expiration:
(i) The Regional Administrator deems the facility abandoned; or
(ii) The permit is terminated or revoked or a new permit is denied;
or
(iii) Closure is ordered by the Regional Administrator or a U.S.
district court or other court of competent jurisdiction; or
(iv) The owner or operator is named as debtor in a voluntary or
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current post-closure cost estimate increases to an
amount greater than the face amount of the policy during the operating
life of the facility, the owner or operator, within 60 days after the
increase, must either cause the face amount to be increased to an amount
at least equal to the current post-closure cost estimate and submit
evidence of such increase to the Regional Administrator, or obtain other
financial assurance as specified in this section to cover the increase.
Whenever the current post-closure cost estimate decreases during the
operating life of the facility, the face amount may be reduced to the
amount of the current post-closure cost estimate following written
approval by the Regional Administrator.
(10) Commencing on the date that liability to make payments pursuant
to the policy accrues, the insurer will thereafter annually increase the
face amount of the policy. Such increase must be equivalent to the face
amount of the policy, less any payments made, multiplied by an amount
equivalent to
[[Page 246]]
85 percent of the most recent investment rate or of the equivalent
coupon-issue yield announced by the U.S. Treasury for 26-week Treasury
securities.
(11) The Regional Administrator will give written consent to the
owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with Sec. 264.145(i).
(f) Financial test and corporate guarantee for post-closure care.
(1) An owner or operator may satisfy the requirements of this section by
demonstrating that he passes a financial test as specified in this
paragraph. To pass this test the owner or operator must meet the
criteria of either paragraph (f)(1)(i) or (ii) of this section:
(i) The owner or operator must have:
(A) Two of the following three ratios: a ratio of total liabilities
to net worth less than 2.0; a ratio of the sum of net income plus
depreciation, depletion, and amortization to total liabilities greater
than 0.1; and a ratio of current assets to current liabilities greater
than 1.5; and
(B) Net working capital and tangible net worth each at least six
times the sum of the current closure and post-closure cost estimates and
the current plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets in the United States amounting to at least 90 percent of
his total assets or at least six times the sum of the current closure
and post-closure cost estimates and the current plugging and abandonment
cost estimates.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA,
A, or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as
issued by Moody's; and
(B) Tangible net worth at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates; and
(C) Tangible net worth of at least $10 million; and
(D) Assets located in the United States amounting to at least 90
percent of his total assets or at least six times the sum of the current
closure and post-closure cost estimates and the current plugging and
abandonment cost estimates.
(2) The phrase ``current closure and post-closure cost estimates''
as used in paragraph (f)(1) of this section refers to the cost estimates
required to be shown in paragraphs 1-4 of the letter from the owner's or
operator's chief financial officer (Sec. 264.151(f)). The phrase
``current plugging and abandonment cost estimates'' as used in paragraph
(f)(1) of this section refers to the cost estimates required to be shown
in paragraphs 1-4 of the letter from the owner's or operator's chief
financial officer (Sec. 144.70(f) of this title).
(3) To demonstrate that he meets this test, the owner or operator
must submit the following items to the Regional Administrator:
(i) A letter signed by the owner's or operator's chief financial
officer and worded as specified in Sec. 264.151(f); and
(ii) A copy of the independent certified public accountant's report
on examination of the owner's or operator's financial statements for the
latest completed fiscal year; and
(iii) A special report from the owner's or operator's independent
certified public accountant to the owner or operator stating that:
(A) He has compared the data which the letter from the chief
financial officer specifies as having been derived from the
independently audited, year-end financial statements for the latest
fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no matters came to his
attention which caused him to believe that the specified data should be
adjusted.
(4) An owner or operator of a new facility must submit the items
specified in paragraph (f)(3) of this section to the Regional
Administrator at least 60 days before the date on which hazardous waste
is first received for disposal.
[[Page 247]]
(5) After the initial submission of items specified in paragraph
(f)(3) of this section, the owner or operator must send updated
information to the Regional Administrator within 90 days after the close
of each succeeding fiscal year. This information must consist of all
three items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of
paragraph (f)(1) of this section, he must send notice to the Regional
Administrator of intent to establish alternate financial assurance as
specified in this section. The notice must be sent by certified mail
within 90 days after the end of the fiscal year for which the year-end
financial data show that the owner or operator no longer meets the
requirements. The owner or operator must provide the alternate financial
assurance within 120 days after the end of such fiscal year.
(7) The Regional Administrator may, based on a reasonable belief
that the owner or operator may no longer meet the requirements of
paragraph (f)(1) of this section, require reports of financial condition
at any time from the owner or operator in addition to those specified in
paragraph (f)(3) of this section. If the Regional Administrator finds,
on the basis of such reports or other information, that the owner or
operator no longer meets the requirements of paragraph (f)(1) of this
section, the owner or operator must provide alternate financial
assurance as specified in this section within 30 days after notification
of such a finding.
(8) The Regional Administrator may disallow use of this test on the
basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's
or operator's financial statements (see paragraph (f)(3)(ii) of this
section). An adverse opinion or a disclaimer of opinion will be cause
for disallowance. The Regional Administrator will evaluate other
qualifications on an individual basis. The owner or operator must
provide alternate financial assurance as specified in this section
within 30 days after notification of the disallowance.
(9) During the period of post-closure care, the Regional
Administrator may approve a decrease in the current post-closure cost
estimate for which this test demonstrates financial assurance if the
owner or operator demonstrates to the Regional Administrator that the
amount of the cost estimate exceeds the remaining cost of post-closure
care.
(10) The owner or operator is no longer required to submit the items
specified in paragraph (f)(3) of this section when:
(i) An owner or operator substitutes alternate financial assurance
as specified in this section; or
(ii) The Regional Administrator releases the owner or operator from
the requirements of this section in accordance with Sec. 264.145(i).
(11) An owner or operator may meet the requirements for this section
by obtaining a written guarantee. The guarantor must be the direct of
higher-tier parent corporation of the owner or operator, a firm whose
parent corporation is also the parent corporation of the owner or
operator, or a firm with a ``substantial business relationship'' with
the owner or operator. The guarantor must meet the requirements for
owners or operators in paragraphs (f)(1) through (9) of this section and
must comply with the terms of the guarantee. The wording of the
guarantee must be identical to the wording specified in Sec. 264.151(h).
A certified copy of the guarantee must accompany the items sent to the
Regional Administrator as specified in paragraph (f)(3) of this section.
One of these items must be the letter from the guarantor's chief
financial officer. If the guarantor's parent corporation is also the
parent corporation of the owner or operator, the letter must describe
the value received in consideration of the guarantee. If the guarantor
is a firm with a ``substantial business relationship'' with the owner or
operator, this letter must describe this ``substantial business
relationship'' and the value received in consideration of the guarantee.
The terms of the guarantee must provide that:
(i) If the owner or operator fails to perform post-closure care of a
facility covered by the corporate guarantee in accordance with the post-
closure plan and other permit requirements whenever required to do so,
the guarantor will do so or establish a trust fund as
[[Page 248]]
specified in Sec. 264.145(a) in the name of the owner or operator.
(ii) The corporate guarantee will remain in force unless the
guarantor sends notice of cancellation by certified mail to the owner or
operator and to the Regional Administrator. Cancellation may not occur,
however, during the 120 days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the Regional
Administrator, as evidenced by the return receipts.
(iii) If the owner or operator fails to provide alternate financial
assurance as specified in this section and obtain the written approval
of such alternate assurance from the Regional Administrator within 90
days after receipt by both the owner or operator and the Regional
Administrator of a notice of cancellation of the corporate guarantee
from the guarantor, the guarantor will provide such alternate financial
assurance in the name of the owner or operator.
(g) Use of multiple financial mechanisms. An owner or operator may
satisfy the requirements of this section by establishing more than one
financial mechanism per facility. These mechanisms are limited to trust
funds, surety bonds guaranteeing payment into a trust fund, letters of
credit, and insurance. The mechanisms must be as specified in paragraphs
(a), (b), (d), and (e), respectively, of this section, except that it is
the combination of mechanisms, rather than the single mechanism, which
must provide financial assurance for an amount at least equal to the
current post-closure cost estimate. If an owner or operator uses a trust
fund in combination with a surety bond or a letter of credit, he may use
the trust fund as the standby trust fund for the other mechanisms. A
single standby trust fund may be established for two or more mechanisms.
The Regional Administrator may use any or all of the mechanisms to
provide for post-closure care of the facility.
(h) Use of a financial mechanism for multiple facilities. An owner
or operator may use a financial assurance mechanism specified in this
section to meet the requirements of this section for more than one
facility. Evidence of financial assurance submitted to the Regional
Administrator must include a list showing, for each facility, the EPA
Identification Number, name, address, and the amount of funds for post-
closure care assured by the mechanism. If the facilities covered by the
mechanism are in more than one Region, identical evidence of financial
assurance must be submitted to and maintained with the Regional
Administrators of all such Regions. The amount of funds available
through the mechanism must be no less than the sum of funds that would
be available if a separate mechanism had been established and maintained
for each facility. In directing funds available through the mechanism
for post-closure care of any of the facilities covered by the mechanism,
the Regional Administrator may direct only the amount of funds
designated for that facility, unless the owner or operator agrees to the
use of additional funds available under the mechanism.
(i) Release of the owner or operator from the requirements of this
section. Within 60 days after receiving certifications from the owner or
operator and an independent registered professional engineer that the
post-closure care period has been completed for a hazardous waste
disposal unit in accordance with the approved plan, the Regional
Administrator will notify the owner or operator that he is no longer
required to maintain financial assurance for post-closure care of that
unit, unless the Regional Administrator has reason to believe that post-
closure care has not been in accordance with the approved post-closure
plan. The Regional Administrator shall provide the owner or operator
with a detailed written statement of any such reason to believe that
post-closure care has not been in accordance with the approved post-
closure plan.
[47 FR 15047, Apr. 7, 1982, as amended at 51 FR 16449, May 2, 1986; 57
FR 42836, Sept. 16, 1992]
Sec. 264.146 Use of a mechanism for financial assurance of both closure
and post-closure care.
An owner or operator may satisfy the requirements for financial
assurance for both closure and post-closure care for one or more
facilities by using a
[[Page 249]]
trust fund, surety bond, letter of credit, insurance, financial test, or
corporate guarantee that meets the specifications for the mechanism in
both Secs. 264.143 and 264.145. The amount of funds available through
the mechanism must be no less than the sum of funds that would be
available if a separate mechanism had been established and maintained
for financial assurance of closure and of post-closure care.
Sec. 264.147 Liability requirements.
(a) Coverage for sudden accidental occurrences. An owner or operator
of a hazardous waste treatment, storage, or disposal facility, or a
group of such facilities, must demonstrate financial responsibility for
bodily injury and property damage to third parties caused by sudden
accidental occurrences arising from operations of the facility or group
of facilities. The owner or operator must have and maintain liability
coverage for sudden accidental occurrences in the amount of at least $1
million per occurrence with an annual aggregate of at least $2 million,
exclusive of legal defense costs. This liability coverage may be
demonstrated as specified in paragraphs (a) (1), (2), (3), (4), (5), or
(6) of this section:
(1) An owner or operator may demonstrate the required liability
coverage by having liability insurance as specified in this paragraph.
(i) Each insurance policy must be amended by attachment of the
Hazardous Waste Facility Liability Endorsement or evidenced by a
Certificate of Liability Insurance. The wording of the endorsement must
be identical to the wording specified in Sec. 264.151(i). The wording of
the certificate of insurance must be identical to the wording specified
in Sec. 264.151(j). The owner or operator must submit a signed duplicate
original of the endorsement or the certificate of insurance to the
Regional Administrator, or Regional Administrators if the facilities are
located in more than one Region. If requested by a Regional
Administrator, the owner or operator must provide a signed duplicate
original of the insurance policy. An owner or operator of a new facility
must submit the signed duplicate original of the Hazardous Waste
Facility Liability Endorsement or the Certificate of Liability Insurance
to the Regional Administrator at least 60 days before the date on which
hazardous waste is first received for treatment, storage, or disposal.
The insurance must be effective before this initial receipt of hazardous
waste.
(ii) Each insurance policy must be issued by an insurer which, at a
minimum, is licensed to transact the business of insurance, or eligible
to provide insurance as an excess or surplus lines insurer, in one or
more States.
(2) An owner or operator may meet the requirements of this section
by passing a financial test or using the guarantee for liability
coverage as specified in paragraphs (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section
by obtaining a letter of credit for liability coverage as specified in
paragraph (h) of this section.
(4) An owner or operator may meet the requirements of this section
by obtaining a surety bond for liability coverage as specified in
paragraph (i) of this section.
(5) An owner or operator may meet the requirements of this section
by obtaining a trust fund for liability coverage as specified in
paragraph (j) of this section.
(6) An owner or operator may demonstrate the required liability
coverage through the use of combinations of insurance, financial test,
guarantee, letter of credit, surety bond, and trust fund, except that
the owner or operator may not combine a financial test covering part of
the liability coverage requirement with a guarantee unless the financial
statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage
demonstrated must total at least the minimum amounts required by this
section. If the owner or operator demonstrates the required coverage
through the use of a combination of financial assurances under this
paragraph, the owner or operator shall specify at least one such
assurance as ``primary'' coverage and shall specify other assurance as
``excess'' coverage.
[[Page 250]]
(7) An owner or operator shall notify the Regional Administrator in
writing within 30 days whenever:
(i) A claim results in a reduction in the amount of financial
assurance for liability coverage provided by a financial instrument
authorized in paragraphs (a)(1) through (a)(6) of this section; or
(ii) A Certification of Valid Claim for bodily injury or property
damages caused by a sudden or non-sudden accidental occurrence arising
from the operation of a hazardous waste treatment, storage, or disposal
facility is entered between the owner or operator and third-party
claimant for liability coverage under paragraphs (a)(1) through (a)(6)
of this section; or
(iii) A final court order establishing a judgment for bodily injury
or property damage caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous waste treatment,
storage, or disposal facility is issued against the owner or operator or
an instrument that is providing financial assurance for liability
coverage under paragraphs (a)(1) through (a)(6) of this section.
(b) Coverage for nonsudden accidental occurrences. An owner or
operator of a surface impoundment, landfill, land treatment facility, or
disposal miscellaneous unit that is used to manage hazardous waste, or a
group of such facilities, must demonstrate financial responsibility for
bodily injury and property damage to third parties caused by nonsudden
accidental occurrences arising from operations of the facility or group
of facilities. The owner or operator must have and maintain liability
coverage for nonsudden accidental occurrences in the amount of at least
$3 million per occurrence with an annual aggregate of at least $6
million, exclusive of legal defense costs. An owner or operator who must
meet the requirements of this section may combine the required per-
occurrence coverage levels for sudden and nonsudden accidental
occurrences into a single per-occurrence level, and combine the required
annual aggregate coverage levels for sudden and nonsudden accidental
occurrences into a single annual aggregate level. Owners or operators
who combine coverage levels for sudden and nonsudden accidental
occurrences must maintain liability coverage in the amount of at least
$4 million per occurrence and $8 million annual aggregate. This
liability coverage may be demonstrated as specified in paragraphs (b)
(1), (2), (3), (4), (5), or (6), of this section:
(1) An owner or operator may demonstrate the required liability
coverage by having liability insurance as specified in this paragraph.
(i) Each insurance policy must be amended by attachment of the
Hazardous Waste Facility Liability Endorsement or evidenced by a
Certificate of Liability Insurance. The wording of the endorsement must
be identical to the wording specified in Sec. 264.151(i). The wording of
the certificate of insurance must be identical to the wording specified
in Sec. 264.151(j). The owner or operator must submit a signed duplicate
original of the endorsement or the certificate of insurance to the
Regional Administrator, or Regional Administrators if the facilities are
located in more than one Region. If requested by a Regional
Administrator, the owner or operator must provide a signed duplicate
original of the insurance policy. An owner or operator of a new facility
must submit the signed duplicate original of the Hazardous Waste
Facility Liability Endorsement or the Certificate of Liability Insurance
to the Regional Administrator at least 60 days before the date on which
hazardous waste is first received for treatment, storage, or disposal.
The insurance must be effective before this initial receipt of hazardous
waste.
(ii) Each insurance policy must be issued by an insurer which, at a
minimum, is licensed to transact the business of insurance, or eligible
to provide insurance as an excess or surplus lines insurer, in one or
more States.
(2) An owner or operator may meet the requirements of this section
by passing a financial test or using the guarantee for liability
coverage as specified in paragraphs (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section
by obtaining a letter of credit for liability
[[Page 251]]
coverage as specified in paragraph (h) of this section.
(4) An owner or operator may meet the requirements of this section
by obtaining a surety bond for liability coverage as specified in
paragraph (i) of this section.
(5) An owner or operator may meet the requirements of this section
by obtaining a trust fund for liability coverage as specified in
paragraph (j) of this section.
(6) An owner or operator may demonstrate the required liability
coverage through the use of combinations of insurance, financial test,
guarantee, letter of credit, surety bond, and trust fund, except that
the owner or operator may not combine a financial test covering part of
the liability coverage requirement with a guarantee unless the financial
statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage
demonstrated must total at least the minimum amount required by this
section. If the owner or operator demonstrates the required coverage
through the use of a combination of financial assurances under this
paragraph, the owner or operator shall specify at least one such
assurance as ``primary'' coverage and shall specify other assurance as
``excess'' coverage.
(7) An owner or operator shall notify the Regional Administrator in
writing within 30 days whenever:
(i) A Claim results in a reduction in the amount of financial
assurance for liability coverage provided by a financial instrument
authorized in paragraphs (b)(1) through (b)(6) of this section; or
(ii) A Certification of Valid Claim for bodily injury or property
damages caused by a sudden or non-sudden accidental occurrence arising
from the operation of a hazardous waste treatment, storage, or disposal
facility is entered between the owner or operator and third-party
claimant for liability coverage under paragraphs (b)(1) through (b)(6)
of this section; or
(iii) A final court order establishing a judgment for bodily injury
or property damage caused by a sudden or non-sudden accidental
occurrence arising from the operation of a hazardous waste treatment,
storage, or disposal facility is issued against the owner or operator or
an instrument that is providing financial assurance for liability
coverage under paragraphs (b)(1) through (b)(6) of this section.
(c) Request for variance. If an owner or operator can demonstrate to
the satisfaction of the Regional Administrator that the levels of
financial responsibility required by paragraph (a) or (b) of this
section are not consistent with the degree and duration of risk
associated with treatment, storage, or disposal at the facility or group
of facilities, the owner or operator may obtain a variance from the
Regional Administrator. The request for a variance must be submitted to
the Regional Administrator as part of the application under Sec. 270.14
of this chapter for a facility that does not have a permit, or pursuant
to the procedures for permit modification under Sec. 124.5 of this
chapter for a facility that has a permit. If granted, the variance will
take the form of an adjusted level of required liability coverage, such
level to be based on the Regional Administrator's assessment of the
degree and duration of risk associated with the ownership or operation
of the facility or group of facilities. The Regional Administrator may
require an owner or operator who requests a variance to provide such
technical and engineering information as is deemed necessary by the
Regional Administrator to determine a level of financial responsibility
other than that required by paragraph (a) or (b) of this section. Any
request for a variance for a permitted facility will be treated as a
request for a permit modification under Secs. 270.41(a)(5) and 124.5 of
this chapter.
(d) Adjustments by the Regional Administrator. If the Regional
Administrator determines that the levels of financial responsibility
required by paragraph (a) or (b) of this section are not consistent with
the degree and duration of risk associated with treatment, storage, or
disposal at the facility or group of facilities, the Regional
Administrator may adjust the level of financial responsibility required
under paragraph (a) or (b) of this section as may be necessary to
protect human health and the environment. This adjusted
[[Page 252]]
level will be based on the Regional Administrator's assessment of the
degree and duration of risk associated with the ownership or operation
of the facility or group of facilities. In addition, if the Regional
Administrator determines that there is a significant risk to human
health and the environment from nonsudden accidental occurrences
resulting from the operations of a facility that is not a surface
impoundment, landfill, or land treatment facility, he may require that
an owner or operator of the facility comply with paragraph (b) of this
section. An owner or operator must furnish to the Regional
Administrator, within a reasonable time, any information which the
Regional Administrator requests to determine whether cause exists for
such adjustments of level or type of coverage. Any adjustment of the
level or type of coverage for a facility that has a permit will be
treated as a permit modification under Secs. 270.41(a)(5) and 124.5 of
this chapter.
(e) Period of coverage. Within 60 days after receiving
certifications from the owner or operator and an independent registered
professional engineer that final closure has been completed in
accordance with the approved closure plan, the Regional Administrator
will notify the owner or operator in writing that he is no longer
required by this section to maintain liability coverage for that
facility, unless the Regional Administrator has reason to believe that
closure has not been in accordance with the approved closure plan.
(f) Financial test for liability coverage. (1) An owner or operator
may satisfy the requirements of this section by demonstrating that he
passes a financial test as specified in this paragraph. To pass this
test the owner or operator must meet the criteria of paragraph (f)(1)(i)
or (ii):
(i) The owner or operator must have:
(A) Net working capital and tangible net worth each at least six
times the amount of liability coverage to be demonstrated by this test;
and
(B) Tangible net worth of at least $10 million; and
(C) Assets in the United States amounting to either: (1) At least 90
percent of his total assets; or (2) at least six times the amount of
liability coverage to be demonstrated by this test.
(ii) The owner or operator must have:
(A) A current rating for his most recent bond issuance of AAA, AA,
A, or BBB as issued by Standard and Poor's, or Aaa, Aa, A, or Baa as
issued by Moody's; and
(B) Tangible net worth of at least $10 million; and
(C) Tangible net worth at least six times the amount of liability
coverage to be demonstrated by this test; and
(D) Assets in the United States amounting to either: (1) At least 90
percent of his total assets; or (2) at least six times the amount of
liability coverage to be demonstrated by this test.
(2) The phrase ``amount of liability coverage'' as used in paragraph
(f)(1) of this section refers to the annual aggregate amounts for which
coverage is required under paragraphs (a) and (b) of this section.
(3) To demonstrate that he meets this test, the owner or operator
must submit the following three items to the Regional Administrator:
(i) A letter signed by the owner's or operator's chief financial
officer and worded as specified in Sec. 264.151(g). If an owner or
operator is using the financial test to demonstrate both assurance for
closure or post-closure care, as specified by Secs. 264.143(f),
264.145(f), 265.143(e), and 265.145(e), and liability coverage, he must
submit the letter specified in Sec. 264.151(g) to cover both forms of
financial responsibility; a separate letter as specified in
Sec. 264.151(f) is not required.
(ii) A copy of the independent certified public accountant's report
on examination of the owner's or operator's financial statements for the
latest completed fiscal year.
(iii) A special report from the owner's or operator's independent
certified public accountant to the owner or operator stating that:
(A) He has compared the data which the letter from the chief
financial officer specifies as having been derived from the
independently audited, year-end financial statements for the latest
fiscal year with the amounts in such financial statements; and
(B) In connection with that procedure, no matters came to his
attention
[[Page 253]]
which caused him to believe that the specified data should be adjusted.
(4) An owner or operator of a new facility must submit the items
specified in paragraph (f)(3) of this section to the Regional
Administrator at least 60 days before the date on which hazardous waste
is first received for treatment, storage, or disposal.
(5) After the initial submission of items specified in paragraph
(f)(3) of this section, the owner or operator must send updated
information to the Regional Administrator within 90 days after the close
of each succeeding fiscal year. This information must consist of all
three items specified in paragraph (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of
paragraph (f)(1) of this section, he must obtain insurance, a letter of
credit, a surety bond, a trust fund, or a guarantee for the entire
amount of required liability coverage as specified in this section.
Evidence of liability coverage must be submitted to the Regional
Administrator within 90 days after the end of the fiscal year for which
the year-end financial data show that the owner or operator no longer
meets the test requirements.
(7) The Regional Administrator may disallow use of this test on the
basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's
or operator's financial statements (see paragraph (f)(3)(ii) of this
section). An adverse opinion or a disclaimer of opinion will be cause
for disallowance. The Regional Administrator will evaluate other
qualifications on an individual basis. The owner or operator must
provide evidence of insurance for the entire amount of required
liability coverage as specified in this section within 30 days after
notification of disallowance.
(g) Guarantee for liability coverage. (1) Subject to paragraph
(g)(2) of this section, an owner or operator may meet the requirements
of this section by obtaining a written guarantee, hereinafter referred
to as ``guarantee.'' The guarantor must be the direct or higher-tier
parent corporation of the owner or operator, a firm whose parent
corporation is also the parent corporation of the owner or operator, or
a firm with a ``substantial business relationship'' with the owner or
operator. The guarantor must meet the requirements for owners or
operators in paragraphs (f)(1) through (f)(6) of this section. The
wording of the guarantee must be identical to the wording specified in
Sec. 264.151(h)(2) of this part. A certified copy of the guarantee must
accompany the items sent to the Regional Administrator as specified in
paragraph (f)(3) of this section. One of these items must be the letter
from the guarantor's chief financial officer. If the guarantor's parent
corporation is also the parent corporation of the owner or operator,
this letter must describe the value received in consideration of the
guarantee. If the guarantor is a firm with a ``substantial business
relationship'' with the owner or operator, this letter must describe
this ``substantial business relationship'' and the value received in
consideration of the guarantee.
(i) If the owner or operator fails to satisfy a judgment based on a
determination of liability for bodily injury or property damage to third
parties caused by sudden or nonsudden accidental occurrences (or both as
the case may be), arising from the operation of facilities covered by
this corporate guarantee, or fails to pay an amount agreed to in
settlement of claims arising from or alleged to arise from such injury
or damage, the guarantor will do so up to the limits of coverage.
(ii) [Reserved]
(2)(i) In the case of corporations incorporated in the United
States, a guarantee may be used to satisfy the requirements of this
section only if the Attorneys General or Insurance Commissioners of (A)
the State in which the guarantor is incorporated, and (B) each State in
which a facility covered by the guarantee is located have submitted a
written statement to EPA that a guarantee executed as described in this
section and Sec. 264.151(h)(2) is a legally valid and enforceable
obligation in that State.
(ii) In the case of corporations incorporated outside the United
States, a guarantee may be used to satisfy the requirements of this
section only if (A) the non-U.S. corporation has identified a registered
agent for service of process
[[Page 254]]
in each State in which a facility covered by the guarantee is located
and in the State in which it has its principal place of business, and
(B) the Attorney General or Insurance Commissioner of each State in
which a facility covered by the guarantee is located and the State in
which the guarantor corporation has its principal place of business, has
submitted a written statement to EPA that a guarantee executed as
described in this section and Sec. 264.151(h)(2) is a legally valid and
enforceable obligation in that State.
(h) Letter of credit for liability coverage. (1) An owner or
operator may satisfy the requirements of this section by obtaining an
irrevocable standby letter or credit that conforms to the requirements
of this paragraph and submitting a copy of the letter of credit to the
Regional Administrator.
(2) The financial institution issuing the letter of credit must be
an entity that has the authority to issue letters of credit and whose
letter of credit operations are regulated and examined by a Federal or
State agency.
(3) The wording of the letter of credit must be identical to the
wording specified in Sec. 264.151(k) of this part.
(4) An owner or operator who uses a letter of credit to satisfy the
requirements of this section may also establish a standby trust fund.
Under the terms of such a letter of credit, all amounts paid pursuant to
a draft by the trustee of the standby trust will be deposited by the
issuing institution into the standby trust in accordance with
instructions from the trustee. The trustee of the standby trust fund
must be an entity which has the authority to act as a trustee and whose
trust operations are regulated and examined by a Federal or State
agency.
(5) The wording of the standby trust fund must be identical to the
wording specified in Sec. 264.151(n).
(i) Surety bond for liability coverage. (1) An owner or operator may
satisfy the requirements of this section by obtaining a surety bond that
conforms to the requirements of this paragraph and submitting a copy of
the bond to the Regional Administrator.
(2) The surety company issuing the bond must be among those listed
as acceptable sureties on Federal bonds in the most recent Circular 570
of the U.S. Department of the Treasury.
(3) The wording of the surety bond must be identical to the wording
specified in Sec. 264.151(l) of this part.
(4) A surety bond may be used to satisfy the requirements of this
section only if the Attorneys General or Insurance Commissioners of (i)
the State in which the surety is incorporated, and (ii) each State in
which a facility covered by the surety bond is located have submitted a
written statement to EPA that a surety bond executed as described in
this section and Sec. 264.151(l) of this part is a legally valid and
enforceable obligation in that State.
(j) Trust fund for liability coverage. (1) An owner or operator may
satisfy the requirements of this section by establishing a trust fund
that conforms to the requirements of this paragraph and submitting an
originally signed duplicate of the trust agreement to the Regional
Administrator.
(2) The trustee must be an entity which has the authority to act as
a trustee and whose trust operations are regulated and examined by a
Federal or State agency.
(3) The trust fund for liability coverage must be funded for the
full amount of the liability coverage to be provided by the trust fund
before it may be relied upon to satisfy the requirements of this
section. If at any time after the trust fund is created the amount of
funds in the trust fund is reduced below the full amount of the
liability coverage to be provided, the owner or operator, by the
anniversary date of the establishment of the fund, must either add
sufficient funds to the trust fund to cause its value to equal the full
amount of liability coverage to be provided, or obtain other financial
assurance as specified in this section to cover the difference. For
purposes of this paragraph, ``the full amount of the liability coverage
to be provided'' means the amount of coverage for sudden and/or
nonsudden occurrences required to be provided by the owner or operator
by this section, less the amount of financial assurance for liability
coverage that is being provided
[[Page 255]]
by other financial assurance mechanisms being used to demonstrate
financial assurance by the owner or operator.
(4) The wording of the trust fund must be identical to the wording
specified in Sec. 264.151(m) of this part.
(k) Notwithstanding any other provision of this part, an owner or
operator using liability insurance to satisfy the requirements of this
section may use, until October 16, 1982, a Hazardous Waste Facility
Liability Endorsement or Certificate of Liability Insurance that does
not certify that the insurer is licensed to transact the business of
insurance, or eligible as an excess or surplus lines insurer, in one or
more States.
[47 FR 16554, Apr. 16, 1982, as amended at 47 FR 28627, July 1, 1982; 47
FR 30447, July 13, 1982; 48 FR 30115, June 30, 1983; 51 FR 16450, May 2,
1986; 51 FR 25354, July 11, 1986; 52 FR 44320, Nov. 18, 1987; 52 FR
46964, Dec. 10, 1987; 53 FR 33950, Sept. 1, 1988; 56 FR 30200, July 1,
1991; 57 FR 42836, Sept. 16, 1992]
Sec. 264.148 Incapacity of owners or operators, guarantors, or financial
institutions.
(a) An owner or operator must notify the Regional Administrator by
certified mail of the commencement of a voluntary or involuntary
proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or
operator as debtor, within 10 days after commencement of the proceeding.
A guarantor of a corporate guarantee as specified in Secs. 264.143(f)
and 264.145(f) must make such a notification if he is named as debtor,
as required under the terms of the corporate guarantee
(Sec. 264.151(h)).
(b) An owner or operator who fulfills the requirements of
Sec. 264.143, Sec. 264.145, or Sec. 264.147 by obtaining a trust fund,
surety bond, letter of credit, or insurance policy will be deemed to be
without the required financial assurance or liability coverage in the
event of bankruptcy of the trustee or issuing institution, or a
suspension or revocation of the authority of the trustee institution to
act as trustee or of the institution issuing the surety bond, letter of
credit, or insurance policy to issue such instruments. The owner or
operator must establish other financial assurance or liability coverage
within 60 days after such an event.
Sec. 264.149 Use of State-required mechanisms.
(a) For a facility located in a State where EPA is administering the
requirements of this subpart but where the State has hazardous waste
regulations that include requirements for financial assurance of closure
or post-closure care or liability coverage, an owner or operator may use
State-required financial mechanisms to meet the requirements of
Sec. 264.143, Sec. 264.145, or Sec. 264.147, if the Regional
Administrator determines that the State mechanisms are at least
equivalent to the financial mechanism specified in this subpart. The
Regional Administrator will evaluate the equivalency of the mechanisms
principally in terms of (1) certainty of the availability of funds for
the required closure or post-closure care activities or liability
coverage and (2) the amount of funds that will be made available. The
Regional Administrator may also consider other factors as he deems
appropriate. The owner or operator must submit to the Regional
Administrator evidence of the establishment of the mechanism together
with a letter requesting that the State-required mechanism be considered
acceptable for meeting the requirements of this subpart. The submission
must include the following information: The facility's EPA
Identification Number, name, and address, and the amount of funds for
closure or post-closure care or liability coverage assured by the
mechanism. The Regional Administrator will notify the owner or operator
of his determination regarding the mechanism's acceptability in lieu of
financial mechanisms specified in this subpart. The Regional
Administrator may require the owner or operator to submit additional
information as is deemed necessary to make this determination. Pending
this determination, the owner or operator will be deemed to be in
compliance with the requirements of Sec. 264.143, Sec. 264.145, or
Sec. 264.147, as applicable.
(b) If a State-required mechanism is found acceptable as specified
in paragraph (a) of this section except for the amount of funds
available, the owner
[[Page 256]]
or operator may satisfy the requirements of this subpart by increasing
the funds available through the State-required mechanism or using
additional financial mechanisms as specified in this subpart. The amount
of funds available through the State and Federal mechanisms must at
least equal the amount required by this subpart.
Sec. 264.150 State assumption of responsibility.
(a) If a State either assumes legal responsibility for an owner's or
operator's compliance with the closure, post-closure care, or liability
requirements of this part or assures that funds will be available from
State sources to cover those requirements, the owner or operator will be
in compliance with the requirements of Sec. 264.143, Sec. 264.145, or
Sec. 264.147 if the Regional Administrator determines that the State's
assumption of responsibility is at least equivalent to the financial
mechanisms specified in this subpart. The Regional Administrator will
evaluate the equivalency of State guarantees principally in terms of (1)
certainty of the availability of funds for the required closure or post-
closure care activities or liability coverage and (2) the amount of
funds that will be made available. The Regional Administrator may also
consider other factors as he deems appropriate. The owner or operator
must submit to the Regional Administrator a letter from the State
describing the nature of the State's assumption of responsibility
together with a letter from the owner or operator requesting that the
State's assumption of responsibility be considered acceptable for
meeting the requirements of this subpart. The letter from the State must
include, or have attached to it, the following information: the
facility's EPA Identification Number, name, and address, and the amount
of funds for closure or post-closure care or liability coverage that are
guaranteed by the State. The Regional Administrator will notify the
owner or operator of his determination regarding the acceptability of
the State's guarantee in lieu of financial mechanisms specified in this
subpart. The Regional Administrator may require the owner or operator to
submit additional information as is deemed necessary to make this
determination. Pending this determination, the owner or operator will be
deemed to be in compliance with the requirements of Sec. 264.143,
Sec. 264.145, or Sec. 264.147, as applicable.
(b) If a State's assumption of responsibility is found acceptable as
specified in paragraph (a) of this section except for the amount of
funds available, the owner or operator may satisfy the requirements of
this subpart by use of both the State's assurance and additional
financial mechanisms as specified in this subpart. The amount of funds
available through the State and Federal mechanisms must at least equal
the amount required by this subpart.
Sec. 264.151 Wording of the instruments.
(a)(1) A trust agreement for a trust fund, as specified in
Sec. 264.143(a) or Sec. 264.145(a) or Sec. 265.143(a) or Sec. 265.145(a)
of this chapter, must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:
Trust Agreement
Trust Agreement, the ``Agreement,'' entered into as of [date] by and
between [name of the owner or operator], a [name of State] [insert
``corporation,'' ``partnership,'' ``association,'' or
``proprietorship''], the ``Grantor,'' and [name of corporate trustee],
[insert ``incorporated in the State of ----'' or ``a national bank''],
the ``Trustee.''
Whereas, the United States Environmental Protection Agency, ``EPA,''
an agency of the United States Government, has established certain
regulations applicable to the Grantor, requiring that an owner or
operator of a hazardous waste management facility shall provide
assurance that funds will be available when needed for closure and/or
post-closure care of the facility,
Whereas, the Grantor has elected to establish a trust to provide all
or part of such financial assurance for the facilities identified
herein,
Whereas, the Grantor, acting through its duly authorized officers,
has selected the Trustee to be the trustee under this agreement, and the
Trustee is willing to act as trustee,
Now, Therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term ``Grantor'' means the owner or operator who enters into
this Agreement and any successors or assigns of the Grantor.
[[Page 257]]
(b) The term ``Trustee'' means the Trustee who enters into this
Agreement and any successor Trustee.
Section 2. Identification of Facilities and Cost Estimates. This
Agreement pertains to the facilities and cost estimates identified on
attached Schedule A [on Schedule A, for each facility list the EPA
Identification Number, name, address, and the current closure and/or
post-closure cost estimates, or portions thereof, for which financial
assurance is demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby
establish a trust fund, the ``Fund,'' for the benefit of EPA. The
Grantor and the Trustee intend that no third party have access to the
Fund except as herein provided. The Fund is established initially as
consisting of the property, which is acceptable to the Trustee,
described in Schedule B attached hereto. Such property and any other
property subsequently transferred to the Trustee is referred to as the
Fund, together with all earnings and profits thereon, less any payments
or distributions made by the Trustee pursuant to this Agreement. The
Fund shall be held by the Trustee, IN TRUST, as hereinafter provided.
The Trustee shall not be responsible nor shall it undertake any
responsibility for the amount or adequacy of, nor any duty to collect
from the Grantor, any payments necessary to discharge any liabilities of
the Grantor established by EPA.
Section 4. Payment for Closure and Post-Closure Care. The Trustee
shall make payments from the Fund as the EPA Regional Administrator
shall direct, in writing, to provide for the payment of the costs of
closure and/or post-closure care of the facilities covered by this
Agreement. The Trustee shall reimburse the Grantor or other persons as
specified by the EPA Regional Administrator from the Fund for closure
and post-closure expenditures in such amounts as the EPA Regional
Administrator shall direct in writing. In addition, the Trustee shall
refund to the Grantor such amounts as the EPA Regional Administrator
specifies in writing. Upon refund, such funds shall no longer constitute
part of the Fund as defined herein.
Section 5. Payments Comprising the Fund. Payments made to the
Trustee for the Fund shall consist of cash or securities acceptable to
the Trustee.
Section 6. Trustee Management. The Trustee shall invest and reinvest
the principal and income of the Fund and keep the Fund invested as a
single fund, without distinction between principal and income, in
accordance with general investment policies and guidelines which the
Grantor may communicate in writing to the Trustee from time to time,
subject, however, to the provisions of this section. In investing,
reinvesting, exchanging, selling, and managing the Fund, the Trustee
shall discharge his duties with respect to the trust fund solely in the
interest of the beneficiary and with the care, skill, prudence, and
diligence under the circumstances then prevailing which persons of
prudence, acting in a like capacity and familiar with such matters,
would use in the conduct of an enterprise of a like character and with
like aims; except that:
(i) Securities or other obligations of the Grantor, or any other
owner or operator of the facilities, or any of their affiliates as
defined in the Investment Company Act of 1940, as amended, 15 U.S.C.
80a-2.(a), shall not be acquired or held, unless they are securities or
other obligations of the Federal or a State government;
(ii) The Trustee is authorized to invest the Fund in time or demand
deposits of the Trustee, to the extent insured by an agency of the
Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or
distribution uninvested for a reasonable time and without liability for
the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly
authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the
Fund to any common, commingled, or collective trust fund created by the
Trustee in which the Fund is eligible to participate, subject to all of
the provisions thereof, to be commingled with the assets of other trusts
participating therein; and
(b) To purchase shares in any investment company registered under
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including
one which may be created, managed, underwritten, or to which investment
advice is rendered or the shares of which are sold by the Trustee. The
Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting
the powers and discretions conferred upon the Trustee by the other
provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any
property held by it, by public or private sale. No person dealing with
the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or
other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents
of transfer and conveyance and any and all other instruments that may be
necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or
in the name of a nominee and to hold any security in bearer
[[Page 258]]
form or in book entry, or to combine certificates representing such
securities with certificates of the same issue held by the Trustee in
other fiduciary capacities, or to deposit or arrange for the deposit of
such securities in a qualified central depositary even though, when so
deposited, such securities may be merged and held in bulk in the name of
the nominee of such depositary with other securities deposited therein
by another person, or to deposit or arrange for the deposit of any
securities issued by the United States Government, or any agency or
instrumentality thereof, with a Federal Reserve bank, but the books and
records of the Trustee shall at all times show that all such securities
are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its
separate corporate capacity, or in any other banking institution
affiliated with the Trustee, to the extent insured by an agency of the
Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or
against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be
assessed or levied against or in respect of the Fund and all brokerage
commissions incurred by the Fund shall be paid from the Fund. All other
expenses incurred by the Trustee in connection with the administration
of this Trust, including fees for legal services rendered to the
Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements of the
Trustee shall be paid from the Fund.
Section 10. Annual Valuation. The Trustee shall annually, at least
30 days prior to the anniversary date of establishment of the Fund,
furnish to the Grantor and to the appropriate EPA Regional Administrator
a statement confirming the value of the Trust. Any securities in the
Fund shall be valued at market value as of no more than 60 days prior to
the anniversary date of establishment of the Fund. The failure of the
Grantor to object in writing to the Trustee within 90 days after the
statement has been furnished to the Grantor and the EPA Regional
Administrator shall constitute a conclusively binding assent by the
Grantor, barring the Grantor from asserting any claim or liability
against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel. The Trustee may from time to time
consult with counsel, who may be counsel to the Grantor, with respect to
any question arising as to the construction of this Agreement or any
action to be taken hereunder. The Trustee shall be fully protected, to
the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to
reasonable compensation for its services as agreed upon in writing from
time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor
may replace the Trustee, but such resignation or replacement shall not
be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment. The successor trustee shall have
the same powers and duties as those conferred upon the Trustee
hereunder. Upon the successor trustee's acceptance of the appointment,
the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund. If for any
reason the Grantor cannot or does not act in the event of the
resignation of the Trustee, the Trustee may apply to a court of
competent jurisdiction for the appointment of a successor trustee or for
instructions. The successor trustee shall specify the date on which it
assumes administration of the trust in a writing sent to the Grantor,
the EPA Regional Administrator, and the present Trustee by certified
mail 10 days before such change becomes effective. Any expenses incurred
by the Trustee as a result of any of the acts contemplated by this
Section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee. All orders, requests, and
instructions by the Grantor to the Trustee shall be in writing, signed
by such persons as are designated in the attached Exhibit A or such
other designees as the Grantor may designate by amendment to Exhibit A.
The Trustee shall be fully protected in acting without inquiry in
accordance with the Grantor's orders, requests, and instructions. All
orders, requests, and instructions by the EPA Regional Administrator to
the Trustee shall be in writing, signed by the EPA Regional
Administrators of the Regions in which the facilities are located, or
their designees, and the Trustee shall act and shall be fully protected
in acting in accordance with such orders, requests, and instructions.
The Trustee shall have the right to assume, in the absence of written
notice to the contrary, that no event constituting a change or a
termination of the authority of any person to act on behalf of the
Grantor or EPA hereunder has occurred. The Trustee shall have no duty to
act in the absence of such orders, requests, and instructions from the
Grantor and/or EPA, except as provided for herein.
Section 15. Notice of Nonpayment. The Trustee shall notify the
Grantor and the appropriate EPA Regional Administrator, by certified
mail within 10 days following the expiration of the 30-day period after
the anniversary of the establishment of the Trust, if no payment is
received from the Grantor during that period. After the pay-in period is
completed, the Trustee shall not be required to send a notice of
nonpayment.
[[Page 259]]
Section 16. Amendment of Agreement. This Agreement may be amended by
an instrument in writing executed by the Grantor, the Trustee, and the
appropriate EPA Regional Administrator, or by the Trustee and the
appropriate EPA Regional Administrator if the Grantor ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of
the parties to amend this Agreement as provided in Section 16, this
Trust shall be irrevocable and shall continue until terminated at the
written agreement of the Grantor, the Trustee, and the EPA Regional
Administrator, or by the Trustee and the EPA Regional Administrator, if
the Grantor ceases to exist. Upon termination of the Trust, all
remaining trust property, less final trust administration expenses,
shall be delivered to the Grantor.
Section 18. Immunity and Indemnification. The Trustee shall not
incur personal liability of any nature in connection with any act or
omission, made in good faith, in the administration of this Trust, or in
carrying out any directions by the Grantor or the EPA Regional
Administrator issued in accordance with this Agreement. The Trustee
shall be indemnified and saved harmless by the Grantor or from the Trust
Fund, or both, from and against any personal liability to which the
Trustee may be subjected by reason of any act or conduct in its official
capacity, including all expenses reasonably incurred in its defense in
the event the Grantor fails to provide such defense.
Section 19. Choice of Law. This Agreement shall be administered,
construed, and enforced according to the laws of the State of [insert
name of State].
Section 20. Interpretation. As used in this Agreement, words in the
singular include the plural and words in the plural include the
singular. The descriptive headings for each Section of this Agreement
shall not affect the interpretation or the legal efficacy of this
Agreement.
In Witness Whereof the parties have caused this Agreement to be
executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first
above written: The parties below certify that the wording of this
Agreement is identical to the wording specified in 40 CFR 264.151(a)(1)
as such regulations were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of
acknowledgment which must accompany the trust agreement for a trust fund
as specified in Secs. 264.143(a) and 264.145(a) or Secs. 265.143(a) or
265.145(a) of this chapter. State requirements may differ on the proper
content of this acknowledgment.
State of________________________________________________________________
County of_______________________________________________________________
On this [date], before me personally came [owner or operator] to me
known, who, being by me duly sworn, did depose and say that she/he
resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.
[Signature of Notary Public]
(b) A surety bond guaranteeing payment into a trust fund, as
specified in Sec. 264.143(b) or Sec. 264.145(b) or Sec. 265.143(b) or
Sec. 265.145(b) of this chapter, must be worded as follows, except that
instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Financial Guarantee Bond
Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of Organization: [insert ``individual,'' ``joint venture,''
``partnership,'' or ``corporation'']
State of incorporation:_________________________________________________
Surety(ies): [name(s) and business address(es)]
EPA Identification Number, name, address and closure and/or post-closure
amount(s) for each facility guaranteed by this bond [indicate closure
and post-closure
amounts separately]:__________________________________________________
Total penal sum of
bond: $________________________________________________________________
Surety's bond number:___________________________________________________
Know All Persons By These Presents, That we, the Principal and
Surety(ies) hereto are firmly bound to the U.S. Environmental Protection
Agency (hereinafter called EPA), in the above penal sum for the payment
of which we bind ourselves, our heirs, executors, administrators,
successors, and assigns jointly and severally; provided that, where the
Surety(ies) are corporations acting as co-sureties, we, the Sureties,
bind ourselves in such sum ``jointly and severally'' only for the
purpose of allowing a joint action or actions
[[Page 260]]
against any or all of us, and for all other purposes each Surety binds
itself, jointly and severally with the Principal, for the payment of
such sum only as is set forth opposite the name of such Surety, but if
no limit of liability is indicated, the limit of liability shall be the
full amount of the penal sum.
Whereas said Principal is required, under the Resource Conservation
and Recovery Act as amended (RCRA), to have a permit or interim status
in order to own or operate each hazardous waste management facility
identified above, and
Whereas said Principal is required to provide financial assurance
for closure, or closure and post-closure care, as a condition of the
permit or interim status, and
Whereas said Principal shall establish a standby trust fund as is
required when a surety bond is used to provide such financial assurance;
Now, Therefore, the conditions of the obligation are such that if
the Principal shall faithfully, before the beginning of final closure of
each facility identified above, fund the standby trust fund in the
amount(s) identified above for the facility,
Or, if the Principal shall fund the standby trust fund in such
amount(s) within 15 days after a final order to begin closure is issued
by an EPA Regional Administrator or a U.S. district court or other court
of competent jurisdiction,
Or, if the Principal shall provide alternate financial assurance, as
specified in subpart H of 40 CFR part 264 or 265, as applicable, and
obtain the EPA Regional Administrator's written approval of such
assurance, within 90 days after the date notice of cancellation is
received by both the Principal and the EPA Regional Administrator(s)
from the Surety(ies), then this obligation shall be null and void;
otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only
when the Principal has failed to fulfill the conditions described above.
Upon notification by an EPA Regional Administrator that the Principal
has failed to perform as guaranteed by this bond, the Surety(ies) shall
place funds in the amount guaranteed for the facility(ies) into the
standby trust fund as directed by the EPA Regional Administrator.
The liability of the Surety(ies) shall not be discharged by any
payment or succession of payments hereunder, unless and until such
payment or payments shall amount in the aggregate to the penal sum of
the bond, but in no event shall the obligation of the Surety(ies)
hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of
cancellation by certified mail to the Principal and to the EPA Regional
Administrator(s) for the Region(s) in which the facility(ies) is (are)
located, provided, however, that cancellation shall not occur during the
120 days beginning on the date of receipt of the notice of cancellation
by both the Principal and the EPA Regional Administrator(s), as
evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to
the Surety(ies), provided, however, that no such notice shall become
effective until the Surety(ies) receive(s) written authorization for
termination of the bond by the EPA Regional Administrator(s) of the EPA
Region(s) in which the bonded facility(ies) is (are) located.
[The following paragraph is an optional rider that may be included
but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of
the bond yearly so that it guarantees a new closure and/or post-closure
amount, provided that the penal sum does not increase by more than 20
percent in any one year, and no decrease in the penal sum takes place
without the written permission of the EPA Regional Administrator(s).
In Witness Whereof, the Principal and Surety(ies) have executed this
Financial Guarantee Bond and have affixed their seals on the date set
forth above.
The persons whose signatures appear below hereby certify that they
are authorized to execute this surety bond on behalf of the Principal
and Surety(ies) and that the wording of this surety bond is identical to
the wording specified in 40 CFR 264.151(b) as such regulations were
constituted on the date this bond was executed.
Principal
[Signature(s)]__________________________________________________________
[Name(s)]_______________________________________________________________
[Title(s)]______________________________________________________________
[Corporate seal]________________________________________________________
Corporate Surety(ies)
[Name and address]
State of incorporation:]________________________________________________
Liability limit: $______________________________________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other
information in the same manner as for Surety above.]
Bond premium: $_________________________________________________________
(c) A surety bond guaranteeing performance of closure and/or post-
closure care, as specified in Sec. 264.143(c) or Sec. 264.145(c), must
be worded as follows, except that the instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
[[Page 261]]
Performance Bond
Date bond executed:_____________________________________________________
Effective date:_________________________________________________________
Principal: [legal name and business address of owner or operator]
Type of organization: [insert ``individual,'' ``joint venture,''
``partnership,'' or ``corporation'']
State of incorporation:_________________________________________________
Surety(ies): [name(s) and business address(es)]_________________________
EPA Identification Number, name, address, and closure and/or post-
closure amount(s) for each facility guaranteed by this bond [indicate
closure and post-closure amounts separately]:------
Total penal sum of bond: $______________________________________________
Surety's bond number:___________________________________________________
Know All Persons By These Presents, That we, the Principal and
Surety(ies) hereto are firmly bound to the U.S. Environmental Protection
Agency (hereinafter called EPA), in the above penal sum for the payment
of which we bind ourselves, our heirs, executors, administrators,
successors, and assigns jointly and severally; provided that, where the
Surety(ies) are corporations acting as co-sureties, we, the Sureties,
bind ourselves in such sum ``jointly and severally'' only for the
purpose of allowing a joint action or actions against any or all of us,
and for all other purposes each Surety binds itself, jointly and
severally with the Principal, for the payment of such sum only as is set
forth opposite the name of such Surety, but if no limit of liability is
indicated, the limit of liability shall be the full amount of the penal
sum.
Whereas said Principal is required, under the Resource Conservation
and Recovery Act as amended (RCRA), to have a permit in order to own or
operate each hazardous waste management facility identified above, and
Whereas said Principal is required to provide financial assurance
for closure, or closure and post-closure care, as a condition of the
permit, and
Whereas said Principal shall establish a standby trust fund as is
required when a surety bond is used to provide such financial assurance;
Now, Therefore, the conditions of this obligation are such that if
the Principal shall faithfully perform closure, whenever required to do
so, of each facility for which this bond guarantees closure, in
accordance with the closure plan and other requirements of the permit as
such plan and permit may be amended, pursuant to all applicable laws,
statutes, rules, and regulations, as such laws, statutes, rules, and
regulations may be amended,
And, if the Principal shall faithfully perform post-closure care of
each facility for which this bond guarantees post-closure care, in
accordance with the post-closure plan and other requirements of the
permit, as such plan and permit may be amended, pursuant to all
applicable laws, statutes, rules, and regulations, as such laws,
statutes, rules, and regulations may be amended,
Or, if the Principal shall provide alternate financial assurance as
specified in subpart H of 40 CFR part 264, and obtain the EPA Regional
Administrator's written approval of such assurance, within 90 days after
the date notice of cancellation is received by both the Principal and
the EPA Regional Administrator(s) from the Surety(ies), then this
obligation shall be null and void, otherwise it is to remain in full
force and effect.
The Surety(ies) shall become liable on this bond obligation only
when the Principal has failed to fulfill the conditions described above.
Upon notification by an EPA Regional Administrator that the
Principal has been found in violation of the closure requirements of 40
CFR part 264, for a facility for which this bond guarantees performance
of closure, the Surety(ies) shall either perform closure in accordance
with the closure plan and other permit requirements or place the closure
amount guaranteed for the facility into the standby trust fund as
directed by the EPA Regional Administrator.
Upon notification by an EPA Regional Administrator that the
Principal has been found in violation of the post-closure requirements
of 40 CFR part 264 for a facility for which this bond guarantees
performance of post-closure care, the Surety(ies) shall either perform
post-closure care in accordance with the post-closure plan and other
permit requirements or place the post-closure amount guaranteed for the
facility into the standby trust fund as directed by the EPA Regional
Administrator.
Upon notification by an EPA Regional Administrator that the
Principal has failed to provide alternate financial assurance as
specified in subpart H of 40 CFR part 264, and obtain written approval
of such assurance from the EPA Regional Administrator(s) during the 90
days following receipt by both the Principal and the EPA Regional
Administrator(s) of a notice of cancellation of the bond, the
Surety(ies) shall place funds in the amount guaranteed for the
facility(ies) into the standby trust fund as directed by the EPA
Regional Administrator.
The surety(ies) hereby waive(s) notification of amendments to
closure plans, permits, applicable laws, statutes, rules, and
regulations and agrees that no such amendment shall in any way alleviate
its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any
payment or succession of payments hereunder, unless and until such
payment or payments shall amount in the aggregate to the penal sum of
the bond, but
[[Page 262]]
in no event shall the obligation of the Surety(ies) hereunder exceed the
amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of
cancellation by certified mail to the owner or operator and to the EPA
Regional Administrator(s) for the Region(s) in which the facility(ies)
is (are) located, provided, however, that cancellation shall not occur
during the 120 days beginning on the date of receipt of the notice of
cancellation by both the Principal and the EPA Regional
Administrator(s), as evidenced by the return receipts.
The principal may terminate this bond by sending written notice to
the Surety(ies), provided, however, that no such notice shall become
effective until the Surety(ies) receive(s) written authorization for
termination of the bond by the EPA Regional Administrator(s) of the EPA
Region(s) in which the bonded facility(ies) is (are) located.
[The following paragraph is an optional rider that may be included
but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of
the bond yearly so that it guarantees a new closure and/or post-closure
amount, provided that the penal sum does not increase by more than 20
percent in any one year, and no decrease in the penal sum takes place
without the written permission of the EPA Regional Administrator(s).
In Witness Whereof, The Principal and Surety(ies) have executed this
Performance Bond and have affixed their seals on the date set forth
above.
The persons whose signatures appear below hereby certify that they
are authorized to execute this surety bond on behalf of the Principal
and Surety(ies) and that the wording of this surety bond is identical to
the wording specified in 40 CFR 264.151(c) as such regulation was
constituted on the date this bond was executed.
Principal
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
Corporate Surety(ies)
[Name and address]
State of incorporation:_________________________________________________
Liability limit: $______________________________________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other
information in the same manner as for Surety above.]
Bond premium: $_________________________________________________________
(d) A letter of credit, as specified in Sec. 264.143(d) or
Sec. 264.145(d) or Sec. 265.143(c) or Sec. 265.145(c) of this chapter,
must be worded as follows, except that instructions in brackets are to
be replaced with the relevant information and the brackets deleted:
Irrevocable Standby Letter of Credit
Regional Administrator(s)
Region(s) ______________________________________________________________
U.S. Environmental Protection Agency
Dear Sir or Madam: We hereby establish our Irrevocable Standby
Letter of Credit No. ______ in your favor, at the request and for the
account of [owner's or operator's name and address] up to the aggregate
amount of [in words] U.S. dollars $______, available upon presentation
[insert, if more than one Regional Administrator is a beneficiary, ``by
any one of you''] of
(1) your sight draft, bearing reference to this letter of credit No.
______, and
(2) your signed statement reading as follows: ``I certify that the
amount of the draft is payable pursuant to regulations issued under
authority of the Resource Conservation and Recovery Act of 1976 as
amended.''
This letter of credit is effective as of [date] and shall expire on
[date at least 1 year later], but such expiration date shall be
automatically extended for a period of [at least 1 year] on [date] and
on each successive expiration date, unless, at least 120 days before the
current expiration date, we notify both you and [owner's or operator's
name] by certified mail that we have decided not to extend this letter
of credit beyond the current expiration date. In the event you are so
notified, any unused portion of the credit shall be available upon
presentation of your sight draft for 120 days after the date of receipt
by both you and [owner's or operator's name], as shown on the signed
return receipts.
Whenever this letter of credit is drawn on under and in compliance
with the terms of this credit, we shall duly honor such draft upon
presentation to us, and we shall deposit the amount of the draft
directly into the standby trust fund of [owner's or operator's name] in
accordance with your instructions.
We certify that the wording of this letter of credit is identical to
the wording specified in 40 CFR 264.151(d) as such regulations were
constituted on the date shown immediately below.
[Signature(s) and title(s) of official(s) of issuing institution] [Date]
This credit is subject to [insert ``the most recent edition of the
Uniform Customs and Practice for Documentary Credits, published and
copyrighted by the International Chamber of Commerce,'' or ``the Uniform
Commercial Code''].
[[Page 263]]
(e) A certificate of insurance, as specified in Sec. 264.143(e) or
Sec. 264.145(e) or Sec. 265.143(d) or Sec. 265.145(d) of this chapter,
must be worded as follows, except that instructions in brackets are to
be replaced with the relevant information and the brackets deleted:
Certificate of Insurance for Closure or Post-Closure Care
Name and Address of Insurer
(herein called the ``Insurer''): _______________________________________
Name and Address of Insured
(herein called the ``Insured''): _______________________________________
Facilities Covered: [List for each facility: The EPA Identification
Number, name, address, and the amount of insurance for closure and/or
the amount for post-closure care (these amounts for all facilities
covered must total the face amount shown below).]
Face Amount: ___________________________________________________________
Policy Number: _________________________________________________________
Effective Date: ________________________________________________________
The Insurer hereby certifies that it has issued to the Insured the
policy of insurance identified above to provide financial assurance for
[insert ``closure'' or ``closure and post-closure care'' or ``post-
closure care''] for the facilities identified above. The Insurer further
warrants that such policy conforms in all respects with the requirements
of 40 CFR 264.143(e), 264.145(e), 265.143(d), and 265.145(d), as
applicable and as such regulations were constituted on the date shown
immediately below. It is agreed that any provision of the policy
inconsistent with such regulations is hereby amended to eliminate such
inconsistency.
Whenever requested by the EPA Regional Administrator(s) of the U.S.
Environmental Protection Agency, the Insurer agrees to furnish to the
EPA Regional Administrator(s) a duplicate original of the policy listed
above, including all endorsements thereon.
I hereby certify that the wording of this certificate is identical
to the wording specified in 40 CFR 264.151(e) as such regulations were
constituted on the date shown immediately below.
[Authorized signature for Insurer]
[Name of person signing]
[Title of person signing]
Signature of witness or notary: ________________________________________
[Date]
(f) A letter from the chief financial officer, as specified in
Sec. 264.143(f) or 264.145(f), or Sec. 265.143(e) or 265.143(e) of this
chapter, must be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted:
Letter From Chief Financial Officer
[Address to Regional Administrator of every Region in which facilities
for which financial responsibility is to be demonstrated through the
financial test are located].
I am the chief financial officer of [name and address of firm]. This
letter is in support of this firm's use of the financial test to
demonstrate financial assurance for closure and/or post-closure costs,
as specified in subpart H of 40 CFR parts 264 and 265.
[Fill out the following five paragraphs regarding facilities and
associated cost estimates. If your firm has no facilities that belong in
a particular paragraph, write ``None'' in the space indicated. For each
facility, include its EPA Identification Number, name, address, and
current closure and/or post-closure cost estimates. Identify each cost
estimate as to whether it is for closure or post-closure care].
1. This firm is the owner or operator of the following facilities
for which financial assurance for closure or post-closure care is
demonstrated through the financial test specified in subpart H of 40 CFR
parts 264 and 265. The current closure and/or post-closure cost
estimates covered by the test are shown for each facility: ________.
2. This firm guarantees, through the guarantee specified in subpart
H of 40 CFR parts 264 and 265, the closure or post-closure care of the
following facilities owned or operated by the guaranteed party. The
current cost estimates for the closure or post-closure care so
guaranteed are shown for each facility: ________. The firm identified
above is [insert one or more: (1) The direct or higher-tier parent
corporation of the owner or operator; (2) owned by the same parent
corporation as the parent corporation of the owner or operator, and
receiving the following value in consideration of this guarantee
________; or (3) engaged in the following substantial business
relationship with the owner or operator ________, and receiving the
following value in consideration of this guarantee ________]. [Attach a
written description of the business relationship or a copy of the
contract establishing such relationship to this letter].
3. In States where EPA is not administering the financial
requirements of subpart H of 40 CFR part 264 or 265, this firm, as owner
or operator or guarantor, is demonstrating financial assurance for the
closure or post-closure care of the following facilities through the use
of a test equivalent or substantially equivalent to the financial test
specified in subpart H of 40 CFR parts 264 and 265. The current closure
and/or post-closure cost estimates covered by such a test are shown for
each facility: ________.
4. This firm is the owner or operator of the following hazardous
waste management facilities for which financial assurance for closure
or, if a disposal facility, post-closure
[[Page 264]]
care, is not demonstrated either to EPA or a State through the financial
test or any other financial assurance mechanism specified in subpart H
of 40 CFR parts 264 and 265 or equivalent or substantially equivalent
State mechanisms. The current closure and/or post-closure cost estimates
not covered by such financial assurance are shown for each facility:
________.
5. This firm is the owner or operator of the following UIC
facilities for which financial assurance for plugging and abandonment is
required under part 144. The current closure cost estimates as required
by 40 CFR 144.62 are shown for each facility: ________.
This firm [insert ``is required'' or ``is not required''] to file a
Form 10K with the Securities and Exchange Commission (SEC) for the
latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for
the following items marked with an asterisk are derived from this firm's
independently audited, year-end financial statements for the latest
completed fiscal year, ended [date].
[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of
Sec. 264.143 or Sec. 264.145, or of paragraph (e)(1)(i) of Sec. 265.143
or Sec. 265.145 of this chapter are used. Fill in Alternative II if the
criteria of paragraph (f)(1)(ii) of Sec. 264.143 or Sec. 264.145, or of
paragraph (e)(1)(ii) of Sec. 265.143 or Sec. 265.145 of this chapter are
used.]
Alternative I
1. Sum of current closure and post-closure cost estimate [total of
all cost estimates shown in the five paragraphs above] $________
*2. Total liabilities [if any portion of the closure or post-closure
cost estimates is included in total liabilities, you may deduct the
amount of that portion from this line and add that amount to lines 3 and
4]$________
*3. Tangible net worth $________
*4. Net worth $________
*5. Current assets $________
*6. Current liabilities $________
7. Net working capital [line 5 minus line 6] $________
*8. The sum of net income plus depreciation, depletion, and
amortization $________
*9. Total assets in U.S. (required only if less than 90% of firm's
assets are located in the U.S.) $________
10. Is line 3 at least $10 million? (Yes/No) ________
11. Is line 3 at least 6 times line 1? (Yes/No) ________
12. Is line 7 at least 6 times line 1? (Yes/No) ________
*13. Are at least 90% of firm's assets located in the U.S.? If not,
complete line 14 (Yes/No) ________
14. Is line 9 at least 6 times line 1? (Yes/No) ________
15. Is line 2 divided by line 4 less than 2.0? (Yes/No) ________
16. Is line 8 divided by line 2 greater than 0.1? (Yes/No) ________
17. Is line 5 divided by line 6 greater than 1.5? (Yes/No) ________
Alternative II
1. Sum of current closure and post-closure cost estimates [total of
all cost estimates shown in the five paragraphs above] $________
2. Current bond rating of most recent issuance of this firm and name
of rating service ________
3. Date of issuance of bond ________
4. Date of maturity of bond ________
*5. Tangible net worth [if any portion of the closure and post-
closure cost estimates is included in ``total liabilities'' on your
firm's financial statements, you may add the amount of that portion to
this line] $________
*6. Total assets in U.S. (required only if less than 90% of firm's
assets are located in the U.S.) $________
7. Is line 5 at least $10 million ? (Yes/No) ________
8. Is line 5 at least 6 times line 1? (Yes/No) ________
*9. Are at least 90% of firm's assets located in the U.S.? If not,
complete line 10 (Yes/No) ________
10. Is line 6 at least 6 times line 1? (Yes/No) ________
I hereby certify that the wording of this letter is identical to the
wording specified in 40 CFR 264.151(f) as such regulations were
constituted on the date shown immediately below.
[Signature]_____________________________________________________________
[Name]__________________________________________________________________
[Title]_________________________________________________________________
[Date]__________________________________________________________________
(g) A letter from the chief financial officer, as specified in
Sec. 264.147(f) or Sec. 265.147(f) of this chapter, must be worded as
follows, except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted.
Letter From Chief Financial Officer
[Address to Regional Administrator of every Region in which
facilities for which financial responsibility is to be demonstrated
through the financial test are located].
I am the chief financial officer of [firm's name and address]. This
letter is in support of the use of the financial test to demonstrate
financial responsibility for liability coverage [insert ``and closure
and/or post-closure care'' if applicable] as specified in subpart H of
40 CFR parts 264 and 265.
[Fill out the following paragraphs regarding facilities and
liability coverage. If there
[[Page 265]]
are no facilities that belong in a particular paragraph, write ``None''
in the space indicated. For each facility, include its EPA
Identification Number, name, and address].
The firm identified above is the owner or operator of the following
facilities for which liability coverage for [insert ``sudden'' or
``nonsudden'' or ``both sudden and nonsudden''] accidental occurrences
is being demonstrated through the financial test specified in subpart H
of 40 CFR parts 264 and 265:________
The firm identified above guarantees, through the guarantee
specified in subpart H of 40 CFR parts 264 and 265, liability coverage
for [insert ``sudden'' or ``nonsudden'' of ``both sudden and
nonsudden''] accidental occurrences at the following facilities owned or
operated by the following: ________. The firm identified above is
[insert one or more: (1) The direct or higher-tier parent corporation of
the owner or operator; (2) owned by the same parent corporation as the
parent corporation of the owner or operator, and receiving the following
value in consideration of this guarantee ________; or (3) engaged in the
following substantial business relationship with the owner or operator
________, and receiving the following value in consideration of this
guarantee ________]. [Attach a written description of the business
relationship or a copy of the contract establishing such relationship to
this letter.]
[If you are using the financial test to demonstrate coverage of both
liability and closure and post-closure care, fill in the following five
paragraphs regarding facilities and associated closure and post-closure
cost estimates. If there are no facilities that belong in a particular
paragraph, write ``None'' in the space indicated. For each facility,
include its EPA identification number, name, address, and current
closure and/or post-closure cost estimates. Identify each cost estimate
as to whether it is for closure or post-closure care.]
1. The firm identified above owns or operates the following
facilities for which financial assurance for closure or post-closure
care or liability coverage is demonstrated through the financial test
specified in subpart H of 40 CFR parts 264 and 265. The current closure
and/or post-closure cost estimate covered by the test are shown for each
facility: ________.
2. The firm identified above guarantees, through the guarantee
specified in subpart H of 40 CFR parts 264 and 265, the closure and
post-closure care or liability coverage of the following facilities
owned or operated by the guaranteed party. The current cost estimates
for closure or post-closure care so guaranteed are shown for each
facility: ________.
3. In States where EPA is not administering the financial
requirements of subpart H of 40 CFR parts 264 and 265, this firm is
demonstrating financial assurance for the closure or post-closure care
of the following facilities through the use of a test equivalent or
substantially equivalent to the financial test specified in subpart H or
40 CFR parts 264 and 265. The current closure or post-closure cost
estimates covered by such a test are shown for each facility: ________.
4. The firm identified above owns or operates the following
hazardous waste management facilities for which financial assurance for
closure or, if a disposal facility, post-closure care, is not
demonstrated either to EPA or a State through the financial test or any
other financial assurance mechanisms specified in subpart H of 40 CFR
parts 264 and 265 or equivalent or substantially equivalent State
mechanisms. The current closure and/or post-closure cost estimates not
covered by such financial assurance are shown for each facility:
________.
5. This firm is the owner or operator or guarantor of the following
UIC facilities for which financial assurance for plugging and
abandonment is required under part 144 and is assured through a
financial test. The current closure cost estimates as required by 40 CFR
144.62 are shown for each facility:________.
This firm [insert ``is required'' or ``is not required''] to file a
Form 10K with the Securities and Exchange Commission (SEC) for the
latest fiscal year.
The fiscal year of this firm ends on [month, day]. The figures for
the following items marked with an asterisk are derived from this firm's
independently audited, year-end financial statements for the latest
completed fiscal year, ended [date].
Part A. Liability Coverage for Accidental Occurrences
[Fill in Alternative I if the criteria of paragraph (f)(1)(i) of
Sec. 264.147 or Sec. 265.147 are used. Fill in Alternative II if the
criteria of paragraph (f)(1)(ii) of Sec. 264.147 or Sec. 265.147 are
used.]
Alternative I
1. Amount of annual aggregate liability coverage to be demonstrated
$ ________.
*2. Current assets $ ________.
*3. Current $ ________.
4. Net working capital (line 2 minus line 3) $ ________.
*5. Tangible net worth $ ________.
*6. If less than 90% of assets are located in the U.S., give total
U.S. assets $ ________.
7. Is line 5 at least $10 million? (Yes/No) ________.
8. Is line 4 at least 6 times line 1? (Yes/No) ________.
9. Is line 5 at least 6 times line 1? (Yes/No) ________.
[[Page 266]]
*10. Are at least 90% of assets located in the U.S.? (Yes/No)
________. If not, complete line 11.
11. Is line 6 at least 6 times line 1? (Yes/No) ________.
Alternative II
1. Amount of annual aggregate liability coverage to be demonstrated
$ ________.
2. Current bond rating of most recent issuance and name of rating
service ________ ________.
3. Date of issuance of bond ________ ________.
4. Date of maturity of bond ________ ________.
*5. Tangible net worth $ ________.
*6. Total assets in U.S. (required only if less than 90% of assets
are located in the U.S.) $ ________.
7. Is line 5 at least $10 million? (Yes/No) ________.
8. Is line 5 at least 6 times line 1? ________.
9. Are at least 90% of assets located in the U.S.? If not, complete
line 10. (Yes/No) ________.
10. Is line 6 at least 6 times line 1? ________.
[Fill in part B if you are using the financial test to demonstrate
assurance of both liability coverage and closure or post-closure care.]
Part B. Closure or Post-Closure Care and Liability Coverage
[Fill in Alternative I if the criteria of paragraphs (f)(1)(i) of
Sec. 264.143 or Sec. 264.145 and (f)(1)(i) of Sec. 264.147 are used or
if the criteria of paragraphs (e)(1)(i) of Sec. 265.143 or Sec. 265.145
and (f)(1)(i) of Sec. 265.147 are used. Fill in Alternative II if the
criteria of paragraphs (f)(1)(ii) of Sec. 264.143 or Sec. 264.145 and
(f)(1)(ii) of Sec. 264.147 are used or if the criteria of paragraphs
(e)(1)(i) of Sec. 265.143 or Sec. 265.145 and (f)(1)(ii) of Sec. 265.147
are used.]
Alternative I
1. Sum of current closure and post-closure cost estimates (total of
all cost estimates listed above) $ ________
2. Amount of annual aggregate liability coverage to be demonstrated
$ ________
3. Sum of lines 1 and 2 $ ________
*4. Total liabilities (if any portion of your closure or post-
closure cost estimates is included in your total liabilities, you may
deduct that portion from this line and add that amount to lines 5 and 6)
$ ________
*5. Tangible net worth $ ________
*6. Net worth $ ________
*7. Current assets $ ________
*8. Current liabilities $ ________
9. Net working capital (line 7 minus line 8) $ ________
10. The sum of net income plus depreciation, depletion, and
amortization $________
*11. Total assets in U.S. (required only if less than 90% of assets
are located in the U.S.) $ ________
12. Is line 5 at least $10 million? (Yes/No)
13. Is line 5 at least 6 times line 3? (Yes/No)
14. Is line 9 at least 6 times line 3? (Yes/No)
*15. Are at least 90% of assets located in the U.S.? (Yes/No) If,
not, complete line 16.
16. Is line 11 at least 6 times line 3? (Yes/No)
17. Is line 4 divided by line 6 less than 2.0? (Yes/No)
18. Is line 10 divided by line 4 greater than 0.1? (Yes/No)
19. Is line 7 divided by line 8 greater than 1.5? (Yes/No)
Alternative II
1. Sum of current closure and post-closure cost estimates (total of
all cost estimates listed above) $ ________
2. Amount of annual aggregate liability coverage to be demonstrated
$ ________
3. Sum of lines 1 and 2 $ ________
4. Current bond rating of most recent issuance and name of rating
service ________ ________
5. Date of issuance of bond ________ ________
6. Date of maturity of bond ________ ________
*7. Tangible net worth (if any portion of the closure or post-
closure cost estimates is included in ``total liabilities'' on your
financial statements you may add that portion to this line) ________ $
________
*8. Total assets in the U.S. (required only if less than 90% of
assets are located in the U.S.) $ ________
9. Is line 7 at least $10 million? (Yes/No)
10. Is line 7 at least 6 times line 3? (Yes/No)
*11. Are at least 90% of assets located in the U.S.? (Yes/No) If not
complete line 12.
12. Is line 8 at least 6 times line 3? (Yes/No)
I hereby certify that the wording of this letter is identical to the
wording specified in 40 CFR 264.151(g) as such regulations were
constituted on the date shown immediately below.
[Signature]_____________________________________________________________
[Name]__________________________________________________________________
[Title]_________________________________________________________________
[Date]__________________________________________________________________
(h)(1) A corporate guarantee, as specified in Sec. 264.143(f) or
Sec. 264.145(f), or Sec. 265.143(e) or Sec. 265.145(e) of this chapter,
must be worded as follows, except that instructions in brackets are to
be replaced with the relevant information and the brackets deleted:
Corporate Guarantee for Closure or Post-Closure Care
Guarantee made this [date] by [name of guaranteeing entity], a
business corporation
[[Page 267]]
organized under the laws of the State of [insert name of State], herein
referred to as guarantor. This guarantee is made on behalf of the [owner
or operator] of [business address], which is [one of the following:
``our subsidiary''; ``a subsidiary of [name and address of common parent
corporation], of which guarantor is a subsidiary''; or ``an entity with
which guarantor has a substantial business relationship, as defined in
40 CFR [either 264.141(h) or 265.141(h)]'' to the United States
Environmental Protection Agency (EPA).
Recitals
1. Guarantor meets or exceeds the financial test criteria and agrees
to comply with the reporting requirements for guarantors as specified in
40 CFR 264.143(f), 264.145(f), 265.143(e), and 265.145(e).
2. [Owner or operator] owns or operates the following hazardous
waste management facility(ies) covered by this guarantee: [List for each
facility: EPA Identification Number, name, and address. Indicate for
each whether guarantee is for closure, post-closure care, or both.]
3. ``Closure plans'' and ``post-closure plans'' as used below refer
to the plans maintained as required by subpart G of 40 CFR parts 264 and
265 for the closure and post-closure care of facilities as identified
above.
4. For value received from [owner or operator], guarantor guarantees
to EPA that in the event that [owner or operator] fails to perform
[insert ``closure,'' ``post-closure care'' or ``closure and post-closure
care''] of the above facility(ies) in accordance with the closure or
post-closure plans and other permit or interim status requirements
whenever required to do so, the guarantor shall do so or establish a
trust fund as specified in subpart H of 40 CFR part 264 or 265, as
applicable, in the name of [owner or operator] in the amount of the
current closure or post-closure cost estimates as specified in subpart H
of 40 CFR parts 264 and 265.
5. Guarantor agrees that if, at the end of any fiscal year before
termination of this guarantee, the guarantor fails to meet the financial
test criteria, guarantor shall send within 90 days, by certified mail,
notice to the EPA Regional Administrator(s) for the Region(s) in which
the facility(ies) is(are) located and to [owner or operator] that he
intends to provide alternate financial assurance as specified in subpart
H of 40 CFR part 264 or 265, as applicable, in the name of [owner or
operator]. Within 120 days after the end of such fiscal year, the
guarantor shall establish such financial assurance unless [owner or
operator] has done so.
6. The guarantor agrees to notify the EPA Regional Administrator by
certified mail, of a voluntary or involuntary proceeding under Title 11
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days
after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by an
EPA Regional Administrator of a determination that guarantor no longer
meets the financial test criteria or that he is disallowed from
continuing as a guarantor of closure or post-closure care, he shall
establish alternate financial assurance as specified in subpart H of 40
CFR part 264 or 265, as applicable, in the name of [owner or operator]
unless [owner or operator] has done so.
8. Guarantor agrees to remain bound under this guarantee
notwithstanding any or all of the following: amendment or modification
of the closure or post-closure plan, amendment or modification of the
permit, the extension or reduction of the time of performance of closure
or post-closure, or any other modification or alteration of an
obligation of the owner or operator pursuant to 40 CFR part 264 or 265.
9. Guarantor agrees to remain bound under this guarantee for as long
as [owner or operator] must comply with the applicable financial
assurance requirements of subpart H of 40 CFR parts 264 and 265 for the
above-listed facilities, except as provided in paragraph 10 of this
agreement.
10. [Insert the following language if the guarantor is (a) a direct
or higher-tier corporate parent, or (b) a firm whose parent corporation
is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by
certified mail to the EPA Regional Administrator(s) for the Region(s) in
which the facility(ies) is(are) located and to [owner or operator],
provided that this guarantee may not be terminated unless and until [the
owner or operator] obtains, and the EPA Regional Administrator(s)
approve(s), alternate closure and/or post-closure care coverage
complying with 40 CFR 264.143, 264.145, 265.143, and/or 265.145.
[Insert the following language if the guarantor is a firm qualifying as
a guarantor due to its ``substantial business relationship'' with its
owner or operator]
Guarantor may terminate this guarantee 120 days following the
receipt of notification, through certified mail, by the EPA Regional
Administrator(s) for the Region(s) in which the facility(ies) is(are)
located and by [the owner or operator].
11. Guarantor agrees that if [owner or operator] fails to provide
alternate financial assurance as specified in subpart H of 40 CFR part
264 or 265, as applicable, and obtain written approval of such assurance
from the EPA Regional Administrator(s) within 90 days after a notice of
cancellation by the guarantor is received by an EPA Regional
Administrator from guarantor, guarantor
[[Page 268]]
shall provide such alternate financial assurance in the name of [owner
or operator].
12. Guarantor expressly waives notice of acceptance of this
guarantee by the EPA or by [owner or operator]. Guarantor also expressly
waives notice of amendments or modifications of the closure and/or post-
closure plan and of amendments or modifications of the facility
permit(s).
I hereby certify that the wording of this guarantee is identical to
the wording specified in 40 CFR 264.151(h) as such regulations were
constituted on the date first above written.
Effective date:_________________________________________________________
[Name of guarantor]_____________________________________________________
[Authorized signature for guarantor]____________________________________
[Name of person signing]________________________________________________
[Title of person signing]_______________________________________________
Signature of witness or notary:_________________________________________
(2) A guarantee, as specified in Sec. 264.147(g) or Sec. 265.147(g)
of this chapter, must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:
Guarantee for Liability Coverage
Guarantee made this [date] by [name of guaranteeing entity], a
business corporation organized under the laws of [if incorporated within
the United States insert ``the State of ________'' and insert name of
State; if incorporated outside the United States insert the name of the
country in which incorporated, the principal place of business within
the United States, and the name and address of the registered agent in
the State of the principal place of business], herein referred to as
guarantor. This guarantee is made on behalf of [owner or operator] of
[business address], which is one of the following: ``our subsidiary;''
``a subsidiary of [name and address of common parent corporation], or
which guarantor is a subsidiary;'' or ``an entity with which guarantor
has a substantial business relationship, as defined in 40 CFR [either
264.141(h)]'', to any and all third parties who have sustained or may
sustain bodily injury or property damage caused by [sudden and/or
nonsudden] accidental occurrences arising from operation of the
facility(ies) covered by this guarantee.
Recitals
1. Guarantor meets or exceeds the financial test criteria and agrees
to comply with the reporting requirements for guarantors as specified in
40 CFR 264.147(g) and 265.147(g).
2. [Owner or operator] owns or operates the following hazardous
waste management facility(ies) covered by this guarantee: [List for each
facility: EPA identification number, name, and address; and if guarantor
is incorporated outside the United States list the name and address of
the guarantor's registered agent in each State.] This corporate
guarantee satisfies RCRA third-party liability requirements for [insert
``sudden'' or ``nonsudden'' or ``both sudden and nonsudden''] accidental
occurrences in above-named owner or operator facilities for coverage in
the amount of [insert dollar amount] for each occurrence and [insert
dollar amount] annual aggregate.
3. For value received from [owner or operator], guarantor guarantees
to any and all third parties who have sustained or may sustain bodily
injury or property damage caused by [sudden and/or nonsudden] accidental
occurrences arising from operations of the facility(ies) covered by this
guarantee that in the event that [owner or operator] fails to satisfy a
judgment or award based on a determination of liability for bodily
injury or property damage to third parties caused by [sudden and/or
nonsudden] accidental occurrences, arising from the operation of the
above-named facilities, or fails to pay an amount agreed to in
settlement of a claim arising from or alleged to arise from such injury
or damage, the guarantor will satisfy such judgment(s), award(s) or
settlement agreement(s) up to the limits of coverage identified above.
4. Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for which [insert owner or
operator] is obligated to pay damages by reason of the assumption of
liability in a contract or agreement. This exclusion does not apply to
liability for damages that [insert owner or operator] would be obligated
to pay in the absence of the contract or agreement.
(b) Any obligation of [insert owner or operator] under a workers'
compensation, disability benefits, or unemployment compensation law or
any similar law.
(c) Bodily injury to:
(1) An employee of [insert owner or operator] arising from, and in
the course of, employment by [insert owner or operator]; or
(2) The spouse, child, parent, brother, or sister of that employee
as a consequence of, or arising from, and in the course of employment by
[insert owner or operator]. This exclusion applies:
(A) Whether [insert owner or operator] may be liable as an employer
or in any other capacity; and
(B) To any obligation to share damages with or repay another person
who must pay damages because of the injury to persons identified in
paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert owner or
operator];
[[Page 269]]
(2) Premises that are sold, given away or abandoned by [insert owner
or operator] if the property damage arises out of any part of those
premises;
(3) Property loaned to [insert owner or operator];
(4) Personal property in the care, custody or control of [insert
owner or operator];
(5) That particular part of real property on which [insert owner or
operator] or any contractors or subcontractors working directly or
indirectly on behalf of [insert owner or operator] are performing
operations, if the property damage arises out of these operations.
5. Guarantor agrees that if, at the end of any fiscal year before
termination of this guarantee, the guarantor fails to meet the financial
test criteria, guarantor shall send within 90 days, by certified mail,
notice to the EPA Regional Administrator[s] for the Region[s] in which
the facility[ies] is[are] located and to [owner or operator] that he
intends to provide alternate liability coverage as specified in 40 CFR
264.147 and 265.147, as applicable, in the name of [owner or operator].
Within 120 days after the end of such fiscal year, the guarantor shall
establish such liability coverage unless [owner or operator] has done
so.
6. The guarantor agrees to notify the EPA Regional Administrator by
certified mail of a voluntary or involuntary proceeding under title 11
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days
after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by an
EPA Regional Administrator of a determination that guarantor no longer
meets the financial test criteria or that he is disallowed from
continuing as a guarantor, he shall establish alternate liability
coverage as specified in 40 CFR 264.147 or 265.147 in the name of [owner
or operator], unless [owner or operator] has done so.
8. Guarantor reserves the right to modify this agreement to take
into account amendment or modification of the liability requirements set
by 40 CFR 264.147 and 265.147, provided that such modification shall
become effective only if a Regional Administrator does not disapprove
the modification within 30 days of receipt of notification of the
modification.
9. Guarantor agrees to remain bound under this guarantee for so long
as [owner or operator] must comply with the applicable requirements of
40 CFR 264.147 and 265.147 for the above-listed facility(ies), except as
provided in paragraph 10 of this agreement.
10. [Insert the following language if the guarantor is (a) a direct
or higher-tier corporate parent, or (b) a firm whose parent corporation
is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by
certified mail to the EPA Regional Administrator(s) for the Region(s) in
which the facility(ies) is(are) located and to [owner or operator],
provided that this guarantee may not be terminated unless and until [the
owner or operator] obtains, and the EPA Regional Administrator(s)
approve(s), alternate liability coverage complying with 40 CFR 264.147
and/or 265.147.
[Insert the following language if the guarantor is a firm qualifying
as a guarantor due to its ``substantial business relationship'' with the
owner or operator]:
Guarantor may terminate this guarantee 120 days following receipt of
notification, through certified mail, by the EPA Regional
Administrator(s) for the Region(s) in which the facility(ies) is(are)
located and by [the owner or operator].
11. Guarantor hereby expressly waives notice of acceptance of this
guarantee by any party.
12. Guarantor agrees that this guarantee is in addition to and does
not affect any other responsibility or liability of the guarantor with
respect to the covered facilities.
13. The Guarantor shall satisfy a third-party liability claim only
on receipt of one of the following documents:
(a) Certification from the Principal and the third-party claimant(s)
that the liability claim should be paid. The certification must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Principal] and [insert name and
address of third-party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Principal's hazardous
waste treatment, storage, or disposal facility should be paid in the
amount of $ .
[Signatures]____________________________________________________________
Principal_______________________________________________________________
(Notary) Date___________________________________________________________
[Signatures]____________________________________________________________
Claimant(s)_____________________________________________________________
(Notary) Date___________________________________________________________
(b) A valid final court order establishing a judgment against the
Principal for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Principal's facility or group of facilities.
14. In the event of combination of this guarantee with another
mechanism to meet liability requirements, this guarantee will be
[[Page 270]]
considered [insert ``primary'' or ``excess''] coverage.
I hereby certify that the wording of the guarantee is identical to
the wording specified in 40 CFR 264.151(h)(2) as such regulations were
constituted on the date shown immediately below.
Effective date:_________________________________________________________
[Name of guarantor]_____________________________________________________
[Authorized signature for guarantor]____________________________________
[Name of person signing]________________________________________________
[Title of person signing]_______________________________________________
Signature of witness of notary:_________________________________________
(i) A hazardous waste facility liability endorsement as required in
Sec. 264.147 or Sec. 265.147 must be worded as follows, except that
instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Hazardous Waste Facility Liability Endorsement
1. This endorsement certifies that the policy to which the
endorsement is attached provides liability insurance covering bodily
injury and property damage in connection with the insured's obligation
to demonstrate financial responsibility under 40 CFR 264.147 or 265.147.
The coverage applies at [list EPA Identification Number, name, and
address for each facility] for [insert ``sudden accidental
occurrences,'' ``nonsudden accidental occurrences,'' or ``sudden and
nonsudden accidental occurrences''; if coverage is for multiple
facilities and the coverage is different for different facilities,
indicate which facilities are insured for sudden accidental occurrences,
which are insured for nonsudden accidental occurrences, and which are
insured for both]. The limits of liability are [insert the dollar amount
of the ``each occurrence'' and ``annual aggregate'' limits of the
Insurer's liability], exclusive of legal defense costs.
2. The insurance afforded with respect to such occurrences is
subject to all of the terms and conditions of the policy; provided,
however, that any provisions of the policy inconsistent with subsections
(a) through (e) of this Paragraph 2 are hereby amended to conform with
subsections (a) through (e):
(a) Bankruptcy or insolvency of the insured shall not relieve the
Insurer of its obligations under the policy to which this endorsement is
attached.
(b) The Insurer is liable for the payment of amounts within any
deductible applicable to the policy, with a right of reimbursement by
the insured for any such payment made by the Insurer. This provision
does not apply with respect to that amount of any deductible for which
coverage is demonstrated as specified in 40 CFR 264.147(f) or
265.147(f).
(c) Whenever requested by a Regional Administrator of the U.S.
Environmental Protection Agency (EPA), the Insurer agrees to furnish to
the Regional Administrator a signed duplicate original of the policy and
all endorsements.
(d) Cancellation of this endorsement, whether by the Insurer, the
insured, a parent corporation providing insurance coverage for its
subsidiary, or by a firm having an insurable interest in and obtaining
liability insurance on behalf of the owner or operator of the hazardous
waste management facility, will be effective only upon written notice
and only after the expiration of 60 days after a copy of such written
notice is received by the Regional Administrator(s) of the EPA Region(s)
in which the facility(ies) is(are) located.
(e) Any other termination of this endorsement will be effective only
upon written notice and only after the expiration of thirty (30) days
after a copy of such written notice is received by the Regional
Administrator(s) of the EPA Region(s) in which the facility(ies) is
(are) located.
Attached to and forming part of policy No. ______ issued by [name of
Insurer], herein called the Insurer, of [address of Insurer] to [name of
insured] of [address] this ____ day of ______, 19__. The effective date
of said policy is ____ day of ______, 19__.
I hereby certify that the wording of this endorsement is identical
to the wording specified in 40 CFR 264.151(i) as such regulation was
constituted on the date first above written, and that the Insurer is
licensed to transact the business of insurance, or eligible to provide
insurance as an excess or surplus lines insurer, in one or more States.
[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representive of [name of Insurer]
[Address of Representative]
(j) A certificate of liability insurance as required in Sec. 264.147
or Sec. 265.147 must be worded as follows, except that the instructions
in brackets are to be replaced with the relevant information and the
brackets deleted:
Hazardous Waste Facility Certificate of Liability Insurance
1. [Name of Insurer], (the ``Insurer''), of [address of Insurer]
hereby certifies that it has issued liability insurance covering bodily
injury and property damage to [name of insured], (the ``insured''), of
[address of insured] in connection with the insured's obligation to
demonstrate financial responsibility under 40 CFR 264.147 or 265.147.
The coverage applies at [list EPA Identification Number,
[[Page 271]]
name, and address for each facility] for [insert ``sudden accidental
occurrences,'' ``nonsudden accidental occurrences,'' or ``sudden and
nonsudden accidental occurrences''; if coverage is for multiple
facilities and the coverage is different for different facilities,
indicate which facilities are insured for sudden accidental occurrences,
which are insured for nonsudden accidental occurrences, and which are
insured for both]. The limits of liability are [insert the dollar amount
of the ``each occurrence'' and ``annual aggregate'' limits of the
Insurer's liability], exclusive of legal defense costs. The coverage is
provided under policy number ______, issued on [date]. The effective
date of said policy is [date].
2. The Insurer further certifies the following with respect to the
insurance described in Paragraph 1:
(a) Bankruptcy or insolvency of the insured shall not relieve the
Insurer of its obligations under the policy.
(b) The Insurer is liable for the payment of amounts within any
deductible applicable to the policy, with a right of reimbursement by
the insured for any such payment made by the Insurer. This provision
does not apply with respect to that amount of any deductible for which
coverage is demonstrated as specified in 40 CFR 264.147(f) or
265.147(f).
(c) Whenever requested by a Regional Administrator of the U.S.
Environmental Protection Agency (EPA), the Insurer agrees to furnish to
the Regional Administrator a signed duplicate original of the policy and
all endorsements.
(d) Cancellation of the insurance, whether by the insurer, the
insured, a parent corportation providing insurance coverage for its
subsidiary, or by a firm having an insurable interest in and obtaining
liability insurance on behalf of the owner or operator of the hazardous
waste management facility, will be effective only upon written notice
and only after the expiration of 60 days after a copy of such written
notice is received by the Regional Administrator(s) of the EPA Region(s)
in which the facility(ies) is(are) located.
(e) Any other termination of the insurance will be effective only
upon written notice and only after the expiration of thirty (30) days
after a copy of such written notice is received by the Regional
Administrator(s) of the EPA Region(s) in which the facility(ies) is
(are) located.
I hereby certify that the wording of this instrument is identical to
the wording specified in 40 CFR 264.151(j) as such regulation was
constituted on the date first above written, and that the Insurer is
licensed to transact the business of insurance, or eligible to provide
insurance as an excess or surplus lines insurer, in one or more States.
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(k) A letter of credit, as specified in Sec. 264.147(h) or
265.147(h) of this chapter, must be worded as follows, except that
instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Irrevocable Standby Letter of Credit
Name and Address of Issuing Institution_________________________________
Regional Administrator(s)_______________________________________________
Region(s)_______________________________________________________________
U.S. Environmental Protection Agency____________________________________
Dear Sir or Madam: We hereby establish our Irrevocable Standby
Letter of Credit No. ____________ in the favor of [``any and all third-
party liability claimants'' or insert name of trustee of the standby
trust fund], at the request and for the account of [owner or operator's
name and address] for third-party liability awards or settlements up to
[in words] U.S. dollars $____________ per occurrence and the annual
aggregate amount of [in words] U.S. dollars $____________, for sudden
accidental occurrences and/or for third-party liability awards or
settlements up to the amount of [in words] U.S. dollars $____________
per occurrence, and the annual aggregate amount of [in words] U.S.
dollars $____________, for nonsudden accidental occurrences available
upon presentation of a sight draft bearing reference to this letter of
credit No. ____________, and [insert the following language if the
letter of credit is being used without a standby trust fund: ``(1) a
signed certificate reading as follows:
Certificate of Valid Claim
The undersigned, as parties [insert principal] and [insert name and
address of third party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operations of [principal's] hazardous
waste treatment, storage, or disposal facility should be paid in the
amount of $[ ]. We hereby certify that the claim does not apply
to any of the following:
(a) Bodily injury or property damage for which [insert principal] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement. This exclusion does not apply to liability for
damages that [insert principal] would be obligated to pay in the absence
of the contract or agreement.
(b) Any obligation of [insert principal] under a workers'
compensation, disability benefits, or unemployment compensation law or
any similar law.
(c) Bodily injury to:
[[Page 272]]
(1) An employee of [insert principal] arising from, and in the
course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or sister of that employee as
a consequence of, or arising from, and in the course of employment by
[insert principal].
This exclusion applies:
(A) Whether [insert principal] may be liable as an employer or in
any other capacity; and
(B) To any obligation to share damages with or repay another person
who must pay damages because of the injury to persons identified in
paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert principal];
(2) Premises that are sold, given away or abandoned by [insert
principal] if the property damage arises out of any part of those
premises;
(3) Property loaned to [insert principal];
(4) Personal property in the care, custody or control of [insert
principal];
(5) That particular part of real property on which [insert
principal] or any contractors or subcontractors working directly or
indirectly on behalf of [insert principal] are performing operations, if
the property damage arises out of these operations.
[Signatures]____________________________________________________________
Grantor_________________________________________________________________
[Signatures]____________________________________________________________
Claimant(s)_____________________________________________________________
or (2) a valid final court order establishing a judgment against the
Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
This letter of credit is effective as of [date] and shall expire on
[date] at least one year later], but such expiration date shall be
automatically extended for a period of [at least one year] on [date and
on each successive expiration date, unless, at least 120 days before the
current expiration date, we notify you, the USEPA Regional Administrator
for Region [Region ], and [owner's or operator's name] by certified
mail that we have decided not to extend this letter of credit beyond the
current expiration date.
Whenever this letter of credit is drawn on under and in compliance
with the terms of this credit, we shall duly honor such draft upon
presentation to us.
[Insert the following language if a standby trust fund is not being
used: ``In the event that this letter of credit is used in combination
with another mechanism for liability coverage, this letter of credit
shall be considered [insert ``primary'' or ``excess'' coverage].''
We certify that the wording of this letter of credit is identical to
the wording specified in 40 CFR 264.151(k) as such regulations were
constituted on the date shown immediately below. [Signature(s) and
title(s) of official(s) of issuing institution] [Date].
This credit is subject to [insert ``the most recent edition of the
Uniform Customs and Practice for Documentary Credits, published and
copyrighted by the International Chamber of Commerce,'' or ``the Uniform
Commercial Code''].
(l) A surety bond, as specified in Sec. 264.147(h) or
Sec. 265.147(h) of this chapter, must be worded as follows: except that
instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Payment Bond
Surety Bond No. [Insert number]
Parties [Insert name and address of owner or operator], Principal,
incorporated in [Insert State of incorporation] of [Insert city and
State of principal place of business] and [Insert name and address of
surety company(ies)], Surety Company(ies), of [Insert surety(ies) place
of business].
EPA Identification Number, name, and address for each facility
guaranteed by this bond: ________
------------------------------------------------------------------------
Nonsudden
Sudden accidental accidental
occurrences occurrences
------------------------------------------------------------------------
Penal Sum Per Occurrence........ [insert amount]... [insert amount]
Annual Aggregate................ [insert amount]... [insert amount]
------------------------------------------------------------------------
Purpose: This is an agreement between the Surety(ies) and the
Principal under which the Surety(ies), its(their) successors and
assignees, agree to be responsible for the payment of claims against the
Principal for bodily injury and/or property damage to third parties
caused by [``sudden'' and/or ``nonsudden''] accidental occurrences
arising from operations of the facility or group of facilities in the
sums prescribed herein; subject to the governing provisions and the
following conditions.
Governing Provisions:
(1) Section 3004 of the Resource Conservation and Recovery Act of
1976, as amended.
(2) Rules and regulations of the U.S. Environmental Protection
Agency (EPA), particularly 40 CFR [``Sec. 264.147'' or ``Sec. 265.147'']
(if applicable).
(3) Rules and regulations of the governing State agency (if
applicable) [insert citation].
Conditions:
(1) The Principal is subject to the applicable governing provisions
that require the
[[Page 273]]
Principal to have and maintain liability coverage for bodily injury and
property damage to third parties caused by [``sudden'' and/or
``nonsudden''] accidental occurrences arising from operations of the
facility or group of facilities. Such obligation does not apply to any
of the following:
(a) Bodily injury or property damage for which [insert principal] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement. This exclusion does not apply to liability for
damages that [insert principal] would be obligated to pay in the absence
of the contract or agreement.
(b) Any obligation of [insert principal] under a workers'
compensation, disability benefits, or unemployment compensation law or
similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising from, and in the
course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or sister of that employee as
a consequence of, or arising from, and in the course of employment by
[insert principal]. This exclusion applies:
(A) Whether [insert principal] may be liable as an employer or in
any other capacity; and
(B) To any obligation to share damages with or repay another person
who must pay damages because of the injury to persons identified in
paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert principal];
(2) Premises that are sold, given away or abandoned by [insert
principal] if the property damage arises out of any part of those
premises;
(3) Property loaned to [insert principal];
(4) Personal property in the care, custody or control of [insert
principal];
(5) That particular part of real property on which [insert
principal] or any contractors or subcontractors working directly or
indirectly on behalf of [insert principal] are performing operations, if
the property damage arises out of these operations.
(2) This bond assures that the Principal will satisfy valid third
party liability claims, as described in condition 1.
(3) If the Principal fails to satisfy a valid third party liability
claim, as described above, the Surety(ies) becomes liable on this bond
obligation.
(4) The Surety(ies) shall satisfy a third party liability claim only
upon the receipt of one of the following documents:
(a) Certification from the Principal and the third party claimant(s)
that the liability claim should be paid. The certification must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert name of Principal] and [insert
name and address of third party claimant(s)], hereby certify that the
claim of bodily injury and/or property damage caused by a [sudden or
nonsudden] accidential occurrence arising from operating [Principal's]
hazardous waste treatment, storage, or disposal facility should be paid
in the amount of $[ ].
[Signature]
Principal
[Notary] Date
[Signature(s)]
Claimant(s)
[Notary] Date
or (b) A valid final court order establishing a judgment against the
Principal for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Principal's facility or group of facilities.
(5) In the event of combination of this bond with another mechanism
for liability coverage, this bond will be considered [insert ``primary''
or ``excess''] coverage.
(6) The liability of the Surety(ies) shall not be discharged by any
payment or succession of payments hereunder, unless and until such
payment or payments shall amount in the aggregate to the penal sum of
the bond. In no event shall the obligation of the Surety(ies) hereunder
exceed the amount of said annual aggregate penal sum, provided that the
Surety(ies) furnish(es) notice to the Regional Administrator forthwith
of all claims filed and payments made by the Surety(ies) under this
bond.
(7) The Surety(ies) may cancel the bond by sending notice of
cancellation by certified mail to the Principal and the USEPA Regional
Administrator for Region [Region ], provided, however, that
cancellation shall not occur during the 120 days beginning on the date
of receipt of the notice of cancellation by the Principal and the
Regional Administrator, as evidenced by the return receipt.
(8) The Principal may terminate this bond by sending written notice
to the Surety(ies) and to the EPA Regional Administrator(s) of the EPA
Region(s) in which the bonded facility(ies) is (are) located.
(9) The Surety(ies) hereby waive(s) notification of amendments to
applicable laws, statutes, rules and regulations and agree(s) that no
such amendment shall in any way alleviate its (their) obligation on this
bond.
[[Page 274]]
(10) This bond is effective from [insert date] (12:01 a.m., standard
time, at the address of the Principal as stated herein) and shall
continue in force until terminated as described above.
In Witness Whereof, the Principal and Surety(ies) have executed this
Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they
are authorized to execute this surety bond on behalf of the Principal
and Surety(ies) and that the wording of this surety bond is identical to
the wording specified in 40 CFR 264.151(1), as such regulations were
constituted on the date this bond was executed.
PRINCIPAL
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate Seal]
CORPORATE SURETY[IES]
[Name and address]
State of incorporation:_________________________________________________
Liability Limit: $______________________________________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other
information in the same manner as for Surety above.]
Bond premium: $_________________________________________________________
(m)(1) A trust agreement, as specified in Sec. 264.147(j) or
Sec. 265.147(j) of this chapter, must be worded as follows, except that
instructions in brackets are to be replaced with the relevant
information and the brackets deleted:
Trust Agreement
Trust Agreement, the ``Agreement,'' entered into as of [date] by and
between [name of the owner or operator] a [name of State] [insert
``corporation,'' ``partnership,'' ``association,'' or
``proprietorship''], the ``Grantor,'' and [name of corporate trustee],
[insert, ``incorporated in the State of ________'' or ``a national
bank''], the ``trustee.''
Whereas, the United States Environmental Protection Agency, ``EPA,''
an agency of the United States Government, has established certain
regulations applicable to the Grantor, requiring that an owner or
operator of a hazardous waste management facility or group of facilities
must demonstrate financial responsibility for bodily injury and property
damage to third parties caused by sudden accidental and/or nonsudden
accidental occurrences arising from operations of the facility or group
of facilities.
Whereas, the Grantor has elected to establish a trust to assure all
or part of such financial responsibility for the facilities identified
herein.
Whereas, the Grantor, acting through its duly authorized officers,
has selected the Trustee to be the trustee under this agreement, and the
Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term ``Grantor'' means the owner or operator who enters into
this Agreement and any successors or assigns of the Grantor.
(b) The term ``Trustee'' means the Trustee who enters into this
Agreement and any successor Trustee.
Section 2. Identification of Facilities. This agreement pertains to
the facilities identified on attached schedule A [on schedule A, for
each facility list the EPA Identification Number, name, and address of
the facility(ies) and the amount of liability coverage, or portions
thereof, if more than one instrument affords combined coverage as
demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby
establish a trust fund, hereinafter the ``Fund,'' for the benefit of any
and all third parties injured or damaged by [sudden and/or nonsudden]
accidental occurrences arising from operation of the facility(ies)
covered by this guarantee, in the amounts of ____________ [up to $1
million] per occurrence and ____________ [up to $2 million] annual
aggregate for sudden accidental occurrences and ____________ [up to $3
million] per occurrence and ____________ [up to $6 million] annual
aggregate for nonsudden occurrences, except that the Fund is not
established for the benefit of third parties for the following:
(a) Bodily injury or property damage for which [insert Grantor] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement. This exclusion does not apply to liability for
damages that [insert Grantor] would be obligated to pay in the absence
of the contract or agreement.
(b) Any obligation of [insert Grantor] under a workers'
compensation, disability benefits, or unemployment compensation law or
any similar law.
(c) Bodily injury to:
(1) An employee of [insert Grantor] arising from, and in the course
of, employment by [insert Grantor]; or
(2) The spouse, child, parent, brother or sister of that employee as
a consequence of, or arising from, and in the course of employment by
[insert Grantor].
This exclusion applies:
(A) Whether [insert Grantor] may be liable as an employer or in any
other capacity; and
(B) To any obligation to share damages with or repay another person
who must pay
[[Page 275]]
damages because of the injury to persons identified in paragraphs (1)
and (2).
(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert Grantor];
(2) Premises that are sold, given away or abandoned by [insert
Grantor] if the property damage arises out of any part of those
premises;
(3) Property loaned to [insert Grantor];
(4) Personal property in the care, custody or control of [insert
Grantor];
(5) That particular part of real property on which [insert Grantor]
or any contractors or subcontractors working directly or indirectly on
behalf of [insert Grantor] are performing operations, if the property
damage arises out of these operations.
In the event of combination with another mechanism for liability
coverage, the fund shall be considered [insert ``primary'' or
``excess''] coverage.
The Fund is established initially as consisting of the property,
which is acceptable to the Trustee, described in Schedule B attached
hereto. Such property and any other property subsequently transferred to
the Trustee is referred to as the Fund, together with all earnings and
profits thereon, less any payments or distributions made by the Trustee
pursuant to this Agreement. The Fund shall be held by the Trustee, IN
TRUST, as hereinafter provided. The Trustee shall not be responsible nor
shall it undertake any responsibility for the amount or adequacy of, nor
any duty to collect from the Grantor, any payments necessary to
discharge any liabilities of the Grantor established by EPA.
Section 4. Payment for Bodily Injury or Property Damage. The Trustee
shall satisfy a third party liability claim by making payments from the
Fund only upon receipt of one of the following documents;
(a) Certification from the Grantor and the third party claimant(s)
that the liability claim should be paid. The certification must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and
address of third party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Grantor's] hazardous waste
treatment, storage, or disposal facility should be paid in the amount of
$[ ].
[Signatures]
Grantor
[Signatures]
Claimant(s)
(b) A valid final court order establishing a judgment against the
Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund. Payments made to the
Trustee for the Fund shall consist of cash or securities acceptable to
the Trustee.
Section 6. Trustee Management. The Trustee shall invest and reinvest
the principal and income, in accordance with general investment policies
and guidelines which the Grantor may communicate in writing to the
Trustee from time to time, subject, however, to the provisions of this
section. In investing, reinvesting, exchanging, selling, and managing
the Fund, the Trustee shall discharge his duties with respect to the
trust fund solely in the interest of the beneficiary and with the care,
skill, prudence, and diligence under the circumstance then prevailing
which persons of prudence, acting in a like capacity and familiar with
such matters, would use in the conduct of an enterprise of a like
character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other
owner or operator of the facilities, or any of their affiliates as
defined in the Investment Company Act of 1940, as amended, 15 U.S.C.
80a-2.(a), shall not be acquired or held unless they are securities or
other obligations of the Federal or a State government;
(ii) The Trustee is authorized to invest the Fund in time or demand
deposits of the Trustee, to the extent insured by an agency of the
Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or
distribution uninvested for a reasonable time and without liability for
the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly
authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the
Fund to any common commingled, or collective trust fund created by the
Trustee in which the fund is eligible to participate, subject to all of
the provisions thereof, to be commingled with the assets of other trusts
participating therein; and
(b) To purchase shares in any investment company registered under
the Investment Company Act of 1940, 15 U.S.C. 81a-1 et seq., including
one which may be created, managed, underwritten, or to which investment
advice is rendered or the shares of which are
[[Page 276]]
sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting
the powers and discretions conferred upon the Trustee by the other
provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any
property held by it, by public or private sale. No person dealing with
the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or
other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents
of transfer and conveyance and any and all other instruments that may be
necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or
in the name of a nominee and to hold any security in bearer form or in
book entry, or to combine certificates representing such securities with
certificates of the same issue held by the Trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities
in a qualified central depositary even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of
such depositary with other securities deposited therein by another
person, or to deposit or arrange for the deposit of any securities
issued by the United States Government, or any agency or instrumentality
thereof, with a Federal Reserve bank, but the books and records of the
Trustee shall at all times show that all such securities are part of the
Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its
separate corporate capacity, or in any other banking institution
affiliated with the Trustee, to the extent insured by an agency of the
Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or
against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be
assessed or levied against or in respect of the Fund and all brokerage
commissions incurred by the Fund shall be paid from the Fund. All other
expenses incurred by the Trustee in connection with the administration
of this Trust, including fees for legal services rendered to the
Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements of the
Trustee shall be paid from the Fund.
Section 10. Annual Valuations. The Trustee shall annually, at least
30 days prior to the anniversary date of establishment of the Fund,
furnish to the Grantor and to the appropriate EPA Regional Administrator
a statement confirming the value of the Trust. Any securities in the
Fund shall be valued at market value as of no more than 60 days prior to
the anniversary date of establishment of the Fund. The failure of the
Grantor to object in writing to the Trustee within 90 days after the
statement has been furnished to the Grantor and the EPA Regional
Administrator shall constitute a conclusively binding assent by the
Grantor barring the Grantor from asserting any claim or liability
against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel. The Trustee may from time to time
consult with counsel, who may be counsel to the Grantor with respect to
any question arising as to the construction of this Agreement or any
action to be taken hereunder. The Trustee shall be fully protected, to
the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to
reasonable compensation for its services as agreed upon in writing from
time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor
may replace the Trustee, but such resignation or replacement shall not
be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment. The successor trustee shall have
the same powers and duties as those conferred upon the Trustee
hereunder. Upon the successor trustee's acceptance of the appointment,
the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund. If for any
reason the Grantor cannot or does not act in the event of the
resignation of the Trustee, the Trustee may apply to a court of
competent jurisdiction for the appointment of a successor trustee or for
instructions. The successor trustee shall specify the date on which it
assumes administration of the trust in a writing sent to the Grantor,
the EPA Regional Administrator, and the present Trustee by certified
mail 10 days before such change becomes effective. Any expenses incurred
by the Trustee as a result of any of the acts contemplated by this
section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee. All orders, requests, and
instructions by the Grantor to the Trustee shall be in writing, signed
by such persons as are designated in the attached Exhibit A or such
other designees as the Grantor may designate by amendments to Exhibit A.
The Trustee shall be fully protected in acting without inquiry in
accordance with the Grantor's orders, requests, and instructions. All
orders, requests, and instructions by the EPA Regional Administrator to
the Trustee shall be in writing, signed by the EPA Regional
Administrators of the Regions in which the facilities are located, or
their designees, and
[[Page 277]]
the Trustee shall act and shall be fully protected in acting in
accordance with such orders, requests, and instructions. The Trustee
shall have the right to assume, in the absence of written notice to the
contrary, that no event constituting a change or a termination of the
authority of any person to act on behalf of the Grantor or EPA hereunder
has occurred. The Trustee shall have no duty to act in the absence of
such orders, requests, and instructions from the Grantor and/or EPA,
except as provided for herein.
Section 15. Notice of Nonpayment. If a payment for bodily injury or
property damage is made under Section 4 of this trust, the Trustee shall
notify the Grantor of such payment and the amount(s) thereof within five
(5) working days. The Grantor shall, on or before the anniversary date
of the establishment of the Fund following such notice, either make
payments to the Trustee in amounts sufficient to cause the trust to
return to its value immediately prior to the payment of claims under
Section 4, or shall provide written proof to the Trustee that other
financial assurance for liability coverage has been obtained equalling
the amount necessary to return the trust to its value prior to the
payment of claims. If the Grantor does not either make payments to the
Trustee or provide the Trustee with such proof, the Trustee shall within
10 working days after the anniversary date of the establishment of the
Fund provide a written notice of nonpayment to the EPA Regional
Administrator.
Section 16. Amendment of Agreement. This Agreement may be amended by
an instrument in writing executed by the Grantor, the Trustee, and the
appropriate EPA Regional Administrator, or by the Trustee and the
appropriate EPA Regional Administrator if the Grantor ceases to exist.
Section 17. Irrevocability and Termination. Subject to the right of
the parties to amend this Agreement as provided in Section 16, this
Trust shall be irrevocable and shall continue until terminated at the
written agreement of the Grantor, the Trustee, and the EPA Regional
Administrator, or by the Trustee and the EPA Regional Administrator, if
the Grantor ceases to exist. Upon termination of the Trust, all
remaining trust property, less final trust administration expenses,
shall be delivered to the Grantor.
The Regional Administrator will agree to termination of the Trust
when the owner or operator substitutes alternate financial assurance as
specified in this section.
Section 18. Immunity and Indemnification. The Trustee shall not
incur personal liability of any nature in connection with any act or
omission, made in good faith, in the administration of this Trust, or in
carrying out any directions by the Grantor or the EPA Regional
Administrator issued in accordance with this Agreement. The Trustee
shall be indemnified and saved harmless by the Grantor or from the Trust
Fund, or both, from and against any personal liability to which the
Trustee may be subjected by reason of any act or conduct in its official
capacity, including all expenses reasonably incurred in its defense in
the event the Grantor fails to provide such defense.
Section 19. Choice of Law. This Agreement shall be administered,
construed, and enforced according to the laws of the State of [enter
name of State].
Section 20. Interpretation. As used in this Agreement, words in the
singular include the plural and words in the plural include the
singular. The descriptive headings for each section of this Agreement
shall not affect the interpretation or the legal efficacy of this
Agreement.
In Witness Whereof the parties have caused this Agreement to be
executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first
above written. The parties below certify that the wording of this
Agreement is identical to the wording specified in 40 CFR 264.151(m) as
such regulations were constituted on the date first above written.
_______________________________________________________________________
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
_______________________________________________________________________
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of
acknowledgement which must accompany the trust agreement for a trust
fund as specified in Secs. 264.147(j) or 265.147(j) of this chapter.
State requirements may differ on the proper content of this
acknowledgement.
State of________________________________________________________________
County of_______________________________________________________________
On this [date], before me personally came [owner or operator] to me
known, who, being by me duly sworn, did depose and say that she/he
resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.
_______________________________________________________________________
[Signature of Notary Public]
(n)(1) A standby trust agreement, as specified in Sec. 264.147(h) or
265.147(h) of
[[Page 278]]
this chapter, must be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the
brackets deleted:
Standby Trust Agreement
Trust Agreement, the ``Agreement,'' entered into as of [date] by and
between [name of the owner or operator] a [name of a State] [insert
``corporation,'' ``partnership,'' ``association,'' or
``proprietorship''], the ``Grantor,'' and [name of corporate trustee],
[insert, ``incorporated in the State of ______________'' or ``a national
bank''], the ``trustee.''
Whereas the United States Environmental Protection Agency, ``EPA,''
an agency of the United States Government, has established certain
regulations applicable to the Grantor, requiring that an owner or
operator of a hazardous waste management facility or group of facilities
must demonstrate financial responsibility for bodily injury and property
damage to third parties caused by sudden accidental and/or nonsudden
accidental occurrences arising from operations of the facility or group
of facilities.
Whereas, the Grantor has elected to establish a standby trust into
which the proceeds from a letter of credit may be deposited to assure
all or part of such financial responsibility for the facilities
identified herein.
Whereas, the Grantor, acting through its duly authorized officers,
has selected the Trustee to be the trustee under this agreement, and the
Trustee is willing to act as trustee.
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term Grantor means the owner or operator who enters into
this Agreement and any successors or assigns of the Grantor.
(b) The term Trustee means the Trustee who enters into this
Agreement and any successor Trustee.
Section 2. Identification of Facilities. This agreement pertains to
the facilities identified on attached schedule A [on schedule A, for
each facility list the EPA Identification Number, name, and address of
the facility(ies) and the amount of liability coverage, or portions
thereof, if more than one instrument affords combined coverage as
demonstrated by this Agreement].
Section 3. Establishment of Fund. The Grantor and the Trustee hereby
establish a standby trust fund, hereafter the ``Fund,'' for the benefit
of any and all third parties injured or damaged by [sudden and/or
nonsudden] accidental occurrences arising from operation of the
facility(ies) covered by this guarantee, in the amounts of ____________
[up to $1 million] per occurrence and ____________ [up to $2 million]
annual aggregate for sudden accidental occurrences and ____________
[up to $3 million] per occurrence and ____________ [up to $6 million]
annual aggregate for nonsudden occurrences, except that the Fund is not
established for the benefit of third parties for the following:
(a) Bodily injury or property damage for which [insert Grantor] is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement. This exclusion does not apply to liability for
damages that [insert Grantor] would be obligated to pay in the absence
of the contract or agreement.
(b) Any obligation of [insert Grantor] under a workers'
compensation, disability benefits, or unemployment compensation law or
any similar law.
(c) Bodily injury to:
(1) An employee or [insert Grantor] arising from , and in the course
of, employment by [insert Grantor]; or
(2) The spouse, child, parent, brother or sister of that employee as
a consequence of, or arising from, and in the course of employment by
[insert Grantor].
This exclusion applies:
(A) Whether [insert Grantor] may be liable as an employer or in any
other capacity; and
(B) To any obligation to share damages with or repay another person
who must pay damages because of the injury to persons identified in
paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert Grantor];
(2) Premises that are sold, given away or abandoned by [insert
Grantor] if the property damage arises out of any part of those
premises;
(3) Property loaned [insert Grantor];
(4) Personal property in the care, custody or control of [insert
Grantor];
(5) That particular part of real property on which [insert Grantor]
or any contractors or subcontractors working directly or indirectly on
behalf of [insert Grantor] are performing operations, if the property
damage arises out of these operations.
In the event of combination with another mechanism for liability
coverage, the fund shall be considered [insert ``primary'' or
``excess''] coverage.
The Fund is established initially as consisting of the proceeds of
the letter of credit deposited into the Fund. Such proceeds and any
other property subsequently transferred to the Trustee is referred to as
the Fund, together with all earnings and profits thereon, less any
payments or distributions made by the Trustee pursuant to this
Agreement. The Fund shall be held by the Trustee, IN TRUST, as
hereinafter provided. The Trustee
[[Page 279]]
shall not be responsible nor shall it undertake any responsibility for
the amount or adequacy of, nor any duty to collect from the Grantor, any
payments necessary to discharge any liabilities of the Grantor
established by EPA.
Section 4. Payment for Bodily Injury or Property Damage. The Trustee
shall satisfy a third party liability claim by drawing on the letter of
credit described in Schedule B and by making payments from the Fund only
upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimant(s)
that the liability claim should be paid. The certification must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
Certification of Valid Claim
The undersigned, as parties [insert Grantor] and [insert name and
address of third party claimant(s)], hereby certify that the claim of
bodily injury and/or property damage caused by a [sudden or nonsudden]
accidental occurrence arising from operating [Grantor's] hazardous waste
treatment, storage, or disposal facility should be paid in the amount of
$[ ].
[Signature]_____________________________________________________________
Grantor_________________________________________________________________
[Signatures]____________________________________________________________
Claimant(s)_____________________________________________________________
(b) A valid final court order establishing a judgment against the
Grantor for bodily injury or property damage caused by sudden or
nonsudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund. Payments made to the
Trustee for the Fund shall consist of the proceeds from the letter of
credit drawn upon by the Trustee in accordance with the requirements of
40 CFR 264.151(k) and Section 4 of this Agreement.
Section 6. Trustee Management. The Trustee shall invest and reinvest
the principal and income, in accordance with general investment policies
and guidelines which the Grantor may communicate in writing to the
Trustee from time to time, subject, however, to the provisions of this
Section. In investing, reinvesting, exchanging, selling, and managing
the Fund, the Trustee shall discharge his duties with respect to the
trust fund solely in the interest of the beneficiary and with the care,
skill, prudence, and diligence under the circumstances then prevailing
which persons of prudence, acting in a like capacity and familiar with
such matters, would use in the conduct of an enterprise of a like
character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other
owner or operator of the facilities, or any of their affiliates as
defined in the Investment Company Act of 1940, as amended, 15 U.S.C.
80a-2(a), shall not be acquired or held, unless they are securities or
other obligations of the Federal or a State government;
(ii) The Trustee is authorized to invest the Fund in time or demand
deposits of the Trustee, to the extent insured by an agency of the
Federal or a State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or
distribution uninvested for a reasonable time and without liability for
the payment of interest thereon.
Section 7. Commingling and Investment. The Trustee is expressly
authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the
Fund to any common, commingled, or collective trust fund created by the
Trustee in which the Fund is eligible to participate, subject to all of
the provisions thereof, to be commingled with the assets of other trusts
participating therein; and
(b) To purchase shares in any investment company registered under
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including
one which may be created, managed, underwritten, or to which investment
advice is rendered or the shares of which are sold by the Trustee. The
Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee. Without in any way limiting
the powers and discretions conferred upon the Trustee by the other
provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any
property held by it, by public or private sale. No person dealing with
the Trustee shall be bound to see to the application of the purchase
money or to inquire into the validity or expediency of any such sale or
other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents
of transfer and conveyance and any and all other instruments that may be
necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or
in the name of a nominee and to hold any security in bearer form or in
book entry, or to combine certificates representing such securities with
certificates of the same issue held by the Trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities
in a qualified central depositary even though, when so deposited, such
securities may be merged and held in bulk in the name of the nominee of
such depositary with other
[[Page 280]]
securities deposited therein by another person, or to deposit or arrange
for the deposit of any securities issued by the United States
Government, or any agency or instrumentality thereof, with a Federal
Reserve Bank, but the books and records of the Trustee shall at all
times show that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts
maintained or savings certificates issued by the Trustee, in its
separate corporate capacity, or in any other banking institution
affiliated with the Trustee, to the extent insured by an agency of the
Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or
against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be
assessed or levied against or in respect of the Fund and all brokerage
commissions incurred by the Fund shall be paid from the Fund. All other
expenses incurred by the Trustee in connection with the administration
of this Trust, including fees for legal services rendered to the
Trustee, the compensation of the Trustee to the extent not paid directly
by the Grantor, and all other proper charges and disbursements to the
Trustee shall be paid from the Fund.
Section 10. Advice of Counsel. The Trustee may from time to time
consult with counsel, who may be counsel to the Grantor, with respect to
any question arising as to the construction of this Agreement or any
action to be taken hereunder. The Trustee shall be fully protected, to
the extent permitted by law, in acting upon the advice of counsel.
Section 11. Trustee Compensation. The Trustee shall be entitled to
reasonable compensation for its services as agreed upon in writing from
time to time with the Grantor.
Section 12. Successor Trustee. The Trustee may resign or the Grantor
may replace the Trustee, but such resignation or replacement shall not
be effective until the Grantor has appointed a successor trustee and
this successor accepts the appointment. The successor trustee shall have
the same powers and duties as those conferred upon the Trustee
hereunder. Upon the successor trustee's acceptance of the appointment;
the Trustee shall assign, transfer, and pay over to the successor
trustee the funds and properties then constituting the Fund. If for any
reason the Grantor cannot or does not act in the event of the
resignation of the Trustee, the Trustee may apply to a court of
competent jurisdiction for the appointment of a successor trustee or for
instructions. The successor trustee shall specify the date on which it
assumes administration of the trust in a writing sent to the Grantor,
the EPA Regional Administrator and the present Trustee by certified mail
10 days before such change becomes effective. Any expenses incurred by
the Trustee as a result of any of the acts contemplated by this Section
shall be paid as provided in Section 9.
Section 13. Instructions to the Trustee. All orders, requests,
certifications of valid claims, and instructions to the Trustee shall be
in writing, signed by such persons as are designated in the attached
Exhibit A or such other designees as the Grantor may designate by
amendments to Exhibit A. The Trustee shall be fully protected in acting
without inquiry in accordance with the Grantor's orders, requests, and
instructions. The Trustee shall have the right to assume, in the absence
of written notice to the contrary, that no event constituting a change
or a termination of the authority of any person to act on behalf of the
Grantor or the EPA Regional Administrator hereunder has occurred. The
Trustee shall have no duty to act in the absence of such orders,
requests, and instructions from the Grantor and/or EPA, except as
provided for herein.
Section 14. Amendment of Agreement. This Agreement may be amended by
an instrument in writing executed by the Grantor, the Trustee, and the
EPA Regional Administrator, or by the Trustee and the EPA Regional
Administrator if the Grantor ceases to exist.
Section 15. Irrevocability and Termination. Subject to the right of
the parties to amend this Agreement as provided in Section 14, this
Trust shall be irrevocable and shall continue until terminated at the
written agreement of the Grantor, the Trustee, and the EPA Regional
Administrator, or by the Trustee and the EPA Regional Administrator, if
the Grantor ceases to exist. Upon termination of the Trust, all
remaining trust property, less final trust administration expenses,
shall be paid to the Grantor.
The Regional Administrator will agree to termination of the Trust
when the owner or operator substitutes alternative financial assurance
as specified in this section.
Section 16. Immunity and indemnification. The Trustee shall not
incur personal liability of any nature in connection with any act or
omission, made in good faith, in the administration of this Trust, or in
carrying out any directions by the Grantor and the EPA Regional
Administrator issued in accordance with this Agreement. The Trustee
shall be indemnified and saved harmless by the Grantor or from the Trust
Fund, or both, from and against any personal liability to which the
Trustee may be subjected by reason of any act or conduct in its official
capacity, including all expenses reasonable incurred in its defense in
the event the Grantor fails to provide such defense.
Section 17. Choice of Law. This Agreement shall be administered,
construed, and enforced according to the laws of the State of [enter
name of State].
Section 18. Interpretation. As used in this Agreement, words in the
singular include the
[[Page 281]]
plural and words in the plural include the singular. The descriptive
headings for each Section of this Agreement shall not affect the
interpretation of the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be
executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first
above written. The parties below certify that the wording of this
Agreement is identical to the wording specified in 40 CFR 264.151(n) as
such regulations were constituted on the date first above written.
_______________________________________________________________________
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
_______________________________________________________________________
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of
acknowledgement which must accompany the trust agreement for a standby
trust fund as specified in section 264.147(h) or 265.147(h) of this
chapter. State requirements may differ on the proper content of this
acknowledgement.
State of________________________________________________________________
County of_______________________________________________________________
On this [date], before me personally came [owner or operator] to me
known, who, being by me duly sworn, did depose and say that she/he
resides at [address], that she/he is [title] of [corporation], the
corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.
_______________________________________________________________________
[Signature of Notary Public]
[47 FR 15059, Apr. 7, 1982, as amended at 47 FR 16556, Apr. 16, 1982; 47
FR 17989, Apr. 27, 1982; 47 FR 19995, May 10, 1982; 47 FR 28627, July 1,
1982; 51 FR 16450, May 2, 1986; 51 FR 25354, July 11, 1986; 52 FR 44320,
Nov. 18, 1987; 53 FR 33952, Sept. 1, 1988; 57 FR 42836, Sept. 16, 1992;
59 FR 29960, June 10, 1994]
Subpart I--Use and Management of Containers
Source: 46 FR 2866, Jan. 12, 1981, unless otherwise noted.
Sec. 264.170 Applicability.
The regulations in this subpart apply to owners and operators of all
hazardous waste facilities that store containers of hazardous waste,
except as Sec. 264.1 provides otherwise.
[Comment: Under Sec. 261.7 and Sec. 261.33(c), if a hazardous waste is
emptied from a container the residue remaining in the container is not
considered a hazardous waste if the container is ``empty'' as defined in
Sec. 261.7. In that event, management of the container is exempt from
the requirements of this subpart.]
Sec. 264.171 Condition of containers.
If a container holding hazardous waste is not in good condition
(e.g., severe rusting, apparent structural defects) or if it begins to
leak, the owner or operator must transfer the hazardous waste from this
container to a container that is in good condition or manage the waste
in some other way that complies with the requirements of this part.
Sec. 264.172 Compatibility of waste with containers.
The owner or operator must use a container made of or lined with
materials which will not react with, and are otherwise compatible with,
the hazardous waste to be stored, so that the ability of the container
to contain the waste is not impaired.
Sec. 264.173 Management of containers.
(a) A container holding hazardous waste must always be closed during
storage, except when it is necessary to add or remove waste.
(b) A container holding hazardous waste must not be opened, handled,
or stored in a manner which may rupture the container or cause it to
leak.
[Comment: Reuse of containers in transportation is governed by U.S.
Department of Transportation regulations including those set forth in 49
CFR 173.28.]
Sec. 264.174 Inspections.
At least weekly, the owner or operator must inspect areas where
containers are stored, looking for leaking
[[Page 282]]
containers and for deterioration of containers and the containment
system caused by corrosion or other factors.
[Comment: See Secs. 264.15(c) and 264.171 for remedial action required
if deterioration or leaks are detected.]
Sec. 264.175 Containment.
(a) Container storage areas must have a containment system that is
designed and operated in accordance with paragraph (b) of this section,
except as otherwise provided by paragraph (c) of this section.
(b) A containment system must be designed and operated as follows:
(1) A base must underly the containers which is free of cracks or
gaps and is sufficiently impervious to contain leaks, spills, and
accumulated precipitation until the collected material is detected and
removed;
(2) The base must be sloped or the containment system must be
otherwise designed and operated to drain and remove liquids resulting
from leaks, spills, or precipitation, unless the containers are elevated
or are otherwise protected from contact with accumulated liquids;
(3) The containment system must have sufficient capacity to contain
10% of the volume of containers or the volume of the largest container,
whichever is greater. Containers that do not contain free liquids need
not be considered in this determination;
(4) Run-on into the containment system must be prevented unless the
collection system has sufficient excess capacity in addition to that
required in paragraph (b)(3) of this section to contain any run-on which
might enter the system; and
(5) Spilled or leaked waste and accumulated precipitation must be
removed from the sump or collection area in as timely a manner as is
necessary to prevent overflow of the collection system.
[Comment: If the collected material is a hazardous waste under part
261 of this Chapter, it must be managed as a hazardous waste in
accordance with all applicable requirements of parts 262 through 266 of
this chapter. If the collected material is discharged through a point
source to waters of the United States, it is subject to the requirements
of section 402 of the Clean Water Act, as amended.]
(c) Storage areas that store containers holding only wastes that do
not contain free liquids need not have a containment system defined by
paragraph (b) of this section, except as provided by paragraph (d) of
this section or provided that:
(1) The storage area is sloped or is otherwise designed and operated
to drain and remove liquid resulting from precipitation, or
(2) The containers are elevated or are otherwise protected from
contact with accumulated liquid.
(d) Storage areas that store containers holding the wastes listed
below that do not contain free liquids must have a containment system
defined by paragraph (b) of this section:
(1) FO20, FO21, FO22, FO23, FO26, and FO27.
(2) [Reserved]
[46 FR 55112, Nov. 6, 1981, as amended at 50 FR 2003, Jan. 14, 1985]
Sec. 264.176 Special requirements for ignitable or reactive waste.
Containers holding ignitable or reactive waste must be located at
least 15 meters (50 feet) from the facility's property line.
[Comment: See Sec. 264.17(a) for additional requirements.]
Sec. 264.177 Special requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible wastes and materials (see
appendix V for examples), must not be placed in the same container,
unless Sec. 264.17(b) is complied with.
(b) Hazardous waste must not be placed in an unwashed container that
previously held an incompatible waste or material.
[Comment: As required by Sec. 264.13, the waste analysis plan must
include analyses needed to comply with Sec. 264.177. Also,
Sec. 264.17(c) requires wastes analyses, trial tests or other
documentation to assure compliance with Sec. 264.17(b). As required by
Sec. 264.73, the owner or operator must place the results of each waste
analysis and trial test, and any documented information, in the
operating record of the facility.]
(c) A storage container holding a hazardous waste that is
incompatible with
[[Page 283]]
any waste or other materials stored nearby in other containers, piles,
open tanks, or surface impoundments must be separated from the other
materials or protected from them by means of a dike, berm, wall, or
other device.
[Comment: The purpose of this section is to prevent fires, explosions,
gaseous emission, leaching, or other discharge of hazardous waste or
hazardous waste constituents which could result from the mixing of
incompatible wastes or materials if containers break or leak.]
Sec. 264.178 Closure.
At closure, all hazardous waste and hazardous waste residues must be
removed from the containment system. Remaining containers, liners,
bases, and soil containing or contaminated with hazardous waste or
hazardous waste residues must be decontaminated or removed.
[Comment: At closure, as throughout the operating period, unless the
owner or operator can demonstrate in accordance with Sec. 261.3(d) of
this chapter that the solid waste removed from the containment system is
not a hazardous waste, the owner or operator becomes a generator of
hazardous waste and must manage it in accordance with all applicable
requirements of parts 262 through 266 of this chapter].
Sec. 264.179 Air emission standards.
The owner or operator shall manage all hazardous waste placed in a
container in accordance with the applicable requirements of subparts AA,
BB, and CC of this part.
[61 FR 59950, Nov. 25, 1996]
Subpart J--Tank Systems
Source: 51 FR 25472, July 14, 1986, unless otherwise noted.
Sec. 264.190 Applicability.
The requirements of this subpart apply to owners and operators of
facilities that use tank systems for storing or treating hazardous waste
except as otherwise provided in paragraphs (a), (b), and (c) of this
section or in Sec. 264.1 of this part.
(a) Tank systems that are used to store or treat hazardous waste
which contains no free liquids and are situated inside a building with
an impermeable floor are exempted from the requirements in Sec. 264.193.
To demonstrate the absence or presence of free liquids in the stored/
treated waste, the following test must be used: Method 9095 (Paint
Filter Liquids Test) as described in ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as
incorporated by reference in Sec. 260.11 of this chapter.
(b) Tank systems, including sumps, as defined in Sec. 260.10, that
serve as part of a secondary containment system to collect or contain
releases of hazardous wastes are exempted from the requirements in
Sec. 264.193(a).
(c) Tanks, sumps, and other such collection devices or systems used
in conjunction with drip pads, as defined in Sec. 260.10 of this chapter
and regulated under 40 CFR part 264 subpart W, must meet the
requirements of this subpart.
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at
53 FR 34086, Sept. 2, 1988; 55 FR 50484, Dec. 6, 1990; 58 FR 46050, Aug.
31, 1993]
Sec. 264.191 Assessment of existing tank system's integrity.
(a) For each existing tank system that does not have secondary
containment meeting the requirements of Sec. 264.193, the owner or
operator must determine that the tank system is not leaking or is unfit
for use. Except as provided in paragraph (c) of this section, the owner
or operator must obtain and keep on file at the facility a written
assessment reviewed and certified by an independent, qualified
registered professional engineer, in accordance with Sec. 270.11(d),
that attests to the tank system's integrity by January 12, 1988.
(b) This assessment must determine that the tank system is
adequately designed and has sufficient structural strength and
compatibility with the waste(s) to be stored or treated, to ensure that
it will not collapse, rupture, or fail. At a minimum, this assessment
must consider the following:
(1) Design standard(s), if available, according to which the tank
and ancillary equipment were constructed;
[[Page 284]]
(2) Hazardous characteristics of the waste(s) that have been and
will be handled;
(3) Existing corrosion protection measures;
(4) Documented age of the tank system, if available (otherwise, an
estimate of the age); and
(5) Results of a leak test, internal inspection, or other tank
integrity examination such that:
(i) For non-enterable underground tanks, the assessment must include
a leak test that is capable of taking into account the effects of
temperature variations, tank end deflection, vapor pockets, and high
water table effects, and
(ii) For other than non-enterable underground tanks and for
ancillary equipment, this assessment must include either a leak test, as
described above, or other integrity examination, that is certified by an
independent, qualified, registered professional engineer in accordance
with Sec. 270.11(d), that addresses cracks, leaks, corrosion, and
erosion.
[Note: The practices described in the American Petroleum Institute
(API) Publication, Guide for Inspection of Refinery Equipment, Chapter
XIII, ``Atmospheric and Low-Pressure Storage Tanks,'' 4th edition, 1981,
may be used, where applicable, as guidelines in conducting other than a
leak test.]
(c) Tank systems that store or treat materials that become hazardous
wastes subsequent to July 14, 1986, must conduct this assessment within
12 months after the date that the waste becomes a hazardous waste.
(d) If, as a result of the assessment conducted in accordance with
paragraph (a), a tank system is found to be leaking or unfit for use,
the owner or operator must comply with the requirements of Sec. 264.196.
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986]
Sec. 264.192 Design and installation of new tank systems or components.
(a) Owners or operators of new tank systems or components must
obtain and submit to the Regional Administrator, at time of submittal of
part B information, a written assessment, reviewed and certified by an
independent, qualified registered professional engineer, in accordance
with Sec. 270.11(d), attesting that the tank system has sufficient
structural integrity and is acceptable for the storing and treating of
hazardous waste. The assessment must show that the foundation,
structural support, seams, connections, and pressure controls (if
applicable) are adequately designed and that the tank system has
sufficient structural strength, compatibility with the waste(s) to be
stored or treated, and corrosion protection to ensure that it will not
collapse, rupture, or fail. This assessment, which will be used by the
Regional Administrator to review and approve or disapprove the
acceptability of the tank system design, must include, at a minimum, the
following information:
(1) Design standard(s) according to which tank(s) and/or the
ancillary equipment are constructed;
(2) Hazardous characteristics of the waste(s) to be handled;
(3) For new tank systems or components in which the external shell
of a metal tank or any external metal component of the tank system will
be in contact with the soil or with water, a determination by a
corrosion expert of:
(i) Factors affecting the potential for corrosion, including but not
limited to:
(A) Soil moisture content;
(B) Soil pH;
(C) Soil sulfides level;
(D) Soil resistivity;
(E) Structure to soil potential;
(F) Influence of nearby underground metal structures (e.g., piping);
(G) Existence of stray electric current;
(H) Existing corrosion-protection measures (e.g., coating, cathodic
protection), and
(ii) The type and degree of external corrosion protection that are
needed to ensure the integrity of the tank system during the use of the
tank system or component, consisting of one or more of the following:
(A) Corrosion-resistant materials of construction such as special
alloys, fiberglass reinforced plastic, etc.;
(B) Corrosion-resistant coating (such as epoxy, fiberglass, etc.)
with cathodic protection (e.g., impressed current or sacrificial
anodes); and
(C) Electrical isolation devices such as insulating joints, flanges,
etc.
[[Page 285]]
[Note: The practices described in the National Association of
Corrosion Engineers (NACE) standard, ``Recommended Practice (RP-02-85)--
Control of External Corrosion on Metallic Buried, Partially Buried, or
Submerged Liquid Storage Systems,'' and the American Petroleum Institute
(API) Publication 1632, ``Cathodic Protection of Underground Petroleum
Storage Tanks and Piping Systems,'' may be used, where applicable, as
guidelines in providing corrosion protection for tank systems.]
(4) For underground tank system components that are likely to be
adversely affected by vehicular traffic, a determination of design or
operational measures that will protect the tank system against potential
damage; and
(5) Design considerations to ensure that:
(i) Tank foundations will maintain the load of a full tank;
(ii) Tank systems will be anchored to prevent flotation or
dislodgment where the tank system is placed in a saturated zone, or is
located within a seismic fault zone subject to the standards of
Sec. 264.18(a); and
(iii) Tank systems will withstand the effects of frost heave.
(b) The owner or operator of a new tank system must ensure that
proper handling procedures are adhered to in order to prevent damage to
the system during installation. Prior to covering, enclosing, or placing
a new tank system or component in use, an independent, qualified
installation inspector or an independent, qualified, registered
professional engineer, either of whom is trained and experienced in the
proper installation of tank systems or components, must inspect the
system for the presence of any of the following items:
(1) Weld breaks;
(2) Punctures;
(3) Scrapes of protective coatings;
(4) Cracks;
(5) Corrosion;
(6) Other structural damage or inadequate construction/installation.
All discrepancies must be remedied before the tank system is covered,
enclosed, or placed in use.
(c) New tank systems or components that are placed underground and
that are backfilled must be provided with a backfill material that is a
noncorrosive, porous, homogeneous substance and that is installed so
that the backfill is placed completely around the tank and compacted to
ensure that the tank and piping are fully and uniformly supported.
(d) All new tanks and ancillary equipment must be tested for
tightness prior to being covered, enclosed, or placed in use. If a tank
system is found not to be tight, all repairs necessary to remedy the
leak(s) in the system must be performed prior to the tank system being
covered, enclosed, or placed into use.
(e) Ancillary equipment must be supported and protected against
physical damage and excessive stress due to settlement, vibration,
expansion, or contraction.
[Note: The piping system installation procedures described in
American Petroleum Institute (API) Publication 1615 (November 1979),
``Installation of Underground Petroleum Storage Systems,'' or ANSI
Standard B31.3, ``Petroleum Refinery Piping,'' and ANSI Standard B31.4
``Liquid Petroleum Transportation Piping System,'' may be used, where
applicable, as guidelines for proper installation of piping systems.]
(f) The owner or operator must provide the type and degree of
corrosion protection recommended by an independent corrosion expert,
based on the information provided under paragraph (a)(3) of this
section, or other corrosion protection if the Regional Administrator
believes other corrosion protection is necessary to ensure the integrity
of the tank system during use of the tank system. The installation of a
corrosion protection system that is field fabricated must be supervised
by an independent corrosion expert to ensure proper installation.
(g) The owner or operator must obtain and keep on file at the
facility written statements by those persons required to certify the
design of the tank system and supervise the installation of the tank
system in accordance with the requirements of paragraphs (b) through (f)
of this section, that attest that the tank system was properly designed
and installed and that repairs, pursuant to paragraphs (b) and (d) of
this section, were performed. These written statements must also include
[[Page 286]]
the certification statement as required in Sec. 270.11(d) of this
chapter.
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986]
Sec. 264.193 Containment and detection of releases.
(a) In order to prevent the release of hazardous waste or hazardous
constituents to the environment, secondary containment that meets the
requirements of this section must be provided (except as provided in
paragraphs (f) and (g) of this section):
(1) For all new tank systems or components, prior to their being put
into service;
(2) For all existing tank systems used to store or treat EPA
Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027, within two
years after January 12, 1987;
(3) For those existing tank systems of known and documented age,
within two years after January 12, 1987 or when the tank system has
reached 15 years of age, whichever comes later;
(4) For those existing tank systems for which the age cannot be
documented, within eight years of January 12, 1987; but if the age of
the facility is greater than seven years, secondary containment must be
provided by the time the facility reaches 15 years of age, or within two
years of January 12, 1987, whichever comes later; and
(5) For tank systems that store or treat materials that become
hazardous wastes subsequent to January 12, 1987, within the time
intervals required in paragraphs (a)(1) through (a)(4) of this section,
except that the date that a material becomes a hazardous waste must be
used in place of January 12, 1987.
(b) Secondary containment systems must be:
(1) Designed, installed, and operated to prevent any migration of
wastes or accumulated liquid out of the system to the soil, ground
water, or surface water at any time during the use of the tank system;
and
(2) Capable of detecting and collecting releases and accumulated
liquids until the collected material is removed.
(c) To meet the requirements of paragraph (b) of this section,
secondary containment systems must be at a minimum:
(1) Constructed of or lined with materials that are compatible with
the wastes(s) to be placed in the tank system and must have sufficient
strength and thickness to prevent failure owing to pressure gradients
(including static head and external hydrological forces), physical
contact with the waste to which it is exposed, climatic conditions, and
the stress of daily operation (including stresses from nearby vehicular
traffic).
(2) Placed on a foundation or base capable of providing support to
the secondary containment system, resistance to pressure gradients above
and below the system, and capable of preventing failure due to
settlement, compression, or uplift;
(3) Provided with a leak-detection system that is designed and
operated so that it will detect the failure of either the primary or
secondary containment structure or the presence of any release of
hazardous waste or accumulated liquid in the secondary containment
system within 24 hours, or at the earliest practicable time if the owner
or operator can demonstrate to the Regional Administrator that existing
detection technologies or site conditions will not allow detection of a
release within 24 hours; and
(4) Sloped or otherwise designed or operated to drain and remove
liquids resulting from leaks, spills, or precipitation. Spilled or
leaked waste and accumulated precipitation must be removed from the
secondary containment system within 24 hours, or in as timely a manner
as is possible to prevent harm to human health and the environment, if
the owner or operator can demonstrate to the Regional Administrator that
removal of the released waste or accumulated precipitation cannot be
accomplished within 24 hours.
[Note: If the collected material is a hazardous waste under part 261
of this chapter, it is subject to management as a hazardous waste in
accordance with all applicable requirements of parts 262 through 265 of
this chapter. If the collected material is discharged through a point
source to waters of the United States, it is subject to the requirements
of sections 301, 304, and 402 of the Clean Water Act, as amended. If
discharged
[[Page 287]]
to a Publicly Owned Treatment Works (POTW), it is sub]ect to the
requirements of section 307 of the Clean Water Act, as amended. If the
collected material is released to the environment, it may be subject to
the reporting requirements of 40 CFR part 302.]
(d) Secondary containment for tanks must include one or more of the
following devices:
(1) A liner (external to the tank);
(2) A vault;
(3) A double-walled tank; or
(4) An equivalent device as approved by the Regional Administrator
(e) In addition to the requirements of paragraphs (b), (c), and (d)
of this section, secondary containment systems must satisfy the
following requirements:
(1) External liner systems must be:
(i) Designed or operated to contain 100 percent of the capacity of
the largest tank within its boundary;
(ii) Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system unless the
collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event.
(iii) Free of cracks or gaps; and
(iv) Designed and installed to surround the tank completely and to
cover all surrounding earth likely to come into contact with the waste
if the waste is released from the tank(s) (i.e., capable of preventing
lateral as well as vertical migration of the waste).
(2) Vault systems must be:
(i) Designed or operated to contain 100 percent of the capacity of
the largest tank within its boundary;
(ii) Designed or operated to prevent run-on or infiltration of
precipitation into the secondary containment system unless the
collection system has sufficient excess capacity to contain run-on or
infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event:
(iii) Constructed with chemical-resistant water stops in place at
all joints (if any):
(iv) Provided with an impermeable interior coating or lining that is
compatible with the stored waste and that will prevent migration of
waste into the concrete;
(v) Provided with a means to protect against the formation of and
ignition of vapors within the vault, if the waste being stored or
treated:
(A) Meets the definition of ignitable waste under Sec. 262.21 of
this chapter; or
(B) Meets the definition of reactive waste under Sec. 262.21 of this
chapter, and may form an ignitable or explosive vapor.
(vi) Provided with an exterior moisture barrier or be otherwise
designed or operated to prevent migration of moisture into the vault if
the vault is subject to hydraulic pressure.
(3) Double-walled tanks must be:
(i) Designed as an integral structure (i.e., an inner tank
completely enveloped within an outer shell) so that any release from the
inner tank is contained by the outer shell.
(ii) Protected, if constructed of metal, from both corrosion of the
primary tank interior and of the external surface of the outer shell:
and
(iii) Provided with a built-in continuous leak detection system
capable of detecting a release within 24 hours, or at the earliest
practicable time, if the owner or operator can demonstrate to the
Regional Administrator, and the Regional Administrator concludes, that
the existing detection technology or site conditions would not allow
detection of a release within 24 hours.
[Note: The provisions outlined in the Steel Tank Institute's (STI)
``Standard for Dual Wall Underground Steel Storage Tanks'' may be used
as guidelines for aspects of the design of underground steel double-
walled tanks.]
(f) Ancillary equipment must be provided with secondary containment
(e.g., trench, jacketing, double-walled piping) that meets the
requirements of paragraphs (b) and (c) of this section except for:
(1) Aboveground piping (exclusive of flanges, joints, valves, and
other connections) that are visually inspected for leaks on a daily
basis;
(2) Welded flanges, welded joints, and welded connections, that are
visually inspected for leaks on a daily basis;
(3) Sealless or magnetic coupling pumps and sealless valves, that
are visually inspected for leaks on a daily basis; and
[[Page 288]]
(4) Pressurized aboveground piping systems with automatic shut-off
devices (e.g., excess flow check valves, flow metering shutdown devices,
loss of pressure actuated shut-off devices) that are visually inspected
for leaks on a daily basis.
(g) The owner or operator may obtain a variance from the
requirements of this section if the Regional Administrator finds, as a
result of a demonstration by the owner or operator that alternative
design and operating practices, together with location characteristics,
will prevent the migration of any hazardous waste or hazardous
constituents into the ground water; or surface water at least as
effectively as secondary containment during the active life of the tank
system or that in the event of a release that does migrate to ground
water or surface water, no substantial present or potential hazard will
be posed to human health or the environment. New underground tank
systems may not, per a demonstration in accordance with paragraph (g)(2)
of this section, be exempted from the secondary containment requirements
of this section.
(1) In deciding whether to grant a variance based on a demonstration
of equivalent protection of ground water and surface water, the Regional
Administrator will consider:
(i) The nature and quantity of the wastes;
(ii) The proposed alternate design and operation;
(iii) The hydrogeologic setting of the facility, including the
thickness of soils present between the tank system and ground water, and
(iv) All other factors that would influence the quality and mobility
of the hazardous constituents and the potential for them to migrate to
ground water or surface water
(2) In deciding whether to grant a variance based on a demonstration
of no substantial present or potential hazard, the Regional
Administrator will consider:
(i) The potential adverse effects on ground water, surface water,
and land quality taking into account:
(A) The physical and chemical characteristics of the waste in the
tank system, including its potential for migration.
(B) The hydrogeological characteristics of the facility and
surrounding land,
(C) The potential for health risks caused by human exposure to waste
constituents,
(D) The potential for damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents, and
(E) The persistence and permanence of the potential adverse effects;
(ii) The potential adverse effects of a release on ground-water
quality, taking into account:
(A) The quantity and quality of ground water and the direction of
ground-water flow,
(B) The proximity and withdrawal rates of ground-water users,
(C) The current and future uses of ground water in the area, and
(D) The existing quality of ground water, including other sources of
contamination and their cumulative impact on the ground-water quality;
(iii) The potential adverse effects of a release on surface water
quality, taking into account:
(A) The quantity and quality of ground water and the direction of
ground-water flow,
(B) The patterns of rainfall in the region,
(C) The proximity of the tank system to surface waters,
(D) The current and future uses of surface waters in the area and
any water quality standards established for those surface waters, and
(E) The existing quality of surface water, including other sources
of contamination and the cumulative impact on surface-water quality; and
(iv) The potential adverse effects of a release on the land
surrounding the tank system, taking into account:
(A) The patterns of rainfall in the region, and
(B) The current and future uses of the surrounding land.
(3) The owner or operator of a tank system, for which a variance
from secondary containment had been granted in accordance with the
requirements of paragraph (g)(1) of this section, at which a release of
hazardous waste has
[[Page 289]]
occurred from the primary tank system but has not migrated beyond the
zone of engineering control (as established in the variance), must:
(i) Comply with the requirements of Sec. 264.196, except paragraph
(d), and
(ii) Decontaminate or remove contaminated soil to the extent
necessary to:
(A) Enable the tank system for which the variance was granted to
resume operation with the capability for the detection of releases at
least equivalent to the capability it had prior to the release; and
(B) Prevent the migration of hazardous waste or hazardous
constituents to ground water or surface water; and
(iii) If contaminated soil cannot be removed or decontaminated in
accordance with paragraph (g)(3)(ii) of this section, comply with the
requirement of Sec. 264.197(b).
(4) The owner or operator of a tank system, for which a variance
from secondary containment had been granted in accordance with the
requirements of paragraph (g)(1) of this section, at which a release of
hazardous waste has occurred from the primary tank system and has
migrated beyond the zone of engineering control (as established in the
variance), must:
(i) Comply with the requirements of Sec. 264.196 (a), (b), (c), and
(d); and
(ii) Prevent the migration of hazardous waste or hazardous
constituents to ground water or surface water, if possible, and
decontaminate or remove contaminated soil. If contaminated soil cannot
be decontaminated or removed or if ground water has been contaminated,
the owner or operator must comply with the requirements of
Sec. 264.197(b); and
(iii) If repairing, replacing, or reinstalling the tank system,
provide secondary containment in accordance with the requirements of
paragraphs (a) through (f) of this section or reapply for a variance
from secondary containment and meet the requirements for new tank
systems in Sec. 264.192 if the tank system is replaced. The owner or
operator must comply with these requirements even if contaminated soil
can be decontaminated or removed and ground water or surface water has
not been contaminated.
(h) The following procedures must be followed in order to request a
variance from secondary containment:
(1) The Regional Administrator must be notified in writing by the
owner or operator that he intends to conduct and submit a demonstration
for a variance from secondary containment as allowed in paragraph (g) of
this section according to the following schedule:
(i) For existing tank systems, at least 24 months prior to the date
that secondary containment must be provided in accordance with paragraph
(a) of this section.
(ii) For new tank systems, at least 30 days prior to entering into a
contract for installation.
(2) As part of the notification, the owner or operator must also
submit to the Regional Administrator a description of the steps
necessary to conduct the demonstration and a timetable for completing
each of the steps. The demonstration must address each of the factors
listed in paragraph (g)(1) or paragraph (g)(2) of this section;
(3) The demonstration for a variance must be completed within 180
days after notifying the Regional Administrator of an intent to conduct
the demonstration; and
(4) If a variance is granted under this paragraph, the Regional
Administrator will require the permittee to construct and operate the
tank system in the manner that was demonstrated to meet the requirements
for the variance.
(i) All tank systems, until such time as secondary containment that
meets the requirements of this section is provided, must comply with the
following:
(1) For non-enterable underground tanks, a leak test that meets the
requirements of Sec. 264.191(b)(5) or other tank integrity method, as
approved or required by the Regional Administrator, must be conducted at
least annually.
(2) For other than non-enterable underground tanks, the owner or
operator must either conduct a leak test as in paragraph (i)(1) of this
section or develop a schedule and procedure for an assessment of the
overall condition of the tank system by an independent, qualified
registered professional engineer. The schedule and procedure must be
adequate to detect obvious cracks,
[[Page 290]]
leaks, and corrosion or erosion that may lead to cracks and leaks. The
owner or operator must remove the stored waste from the tank, if
necessary, to allow the condition of all internal tank surfaces to be
assessed. The frequency of these assessments must be based on the
material of construction of the tank and its ancillary equipment, the
age of the system, the type of corrosion or erosion protection used, the
rate of corrosion or erosion observed during the previous inspection,
and the characteristics of the waste being stored or treated.
(3) For ancillary equipment, a leak test or other integrity
assessment as approved by the Regional Administrator must be conducted
at least annually.
[Note: The practices described in the American Petroleum Institute
(API) Publication Guide for Inspection of Refinery Equipment, Chapter
XIII, ``Atmospheric and Low-Pressure Storage Tanks,'' 4th edition, 1981,
may be used, where applicable, as guidelines for assessing the overall
condition of the tank system.]
(4) The owner or operator must maintain on file at the facility a
record of the results of the assessments conducted in accordance with
paragraphs (i)(1) through (i)(3) of this section.
(5) If a tank system or component is found to be leaking or unfit
for use as a result of the leak test or assessment in paragraphs (i)(1)
through (i)(3) of this section, the owner or operator must comply with
the requirements of Sec. 264.196.
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at
53 FR 34086, Sept. 2, 1988]
Sec. 264.194 General operating requirements.
(a) Hazardous wastes or treatment reagents must not be placed in a
tank system if they could cause the tank, its ancillary equipment, or
the containment system to rupture, leak, corrode, or otherwise fail.
(b) The owner or operator must use appropriate controls and
practices to prevent spills and overflows from tank or containment
systems. These include at a minimum:
(1) Spill prevention controls (e.g., check valves, dry disconnect
couplings);
(2) Overfill prevention controls (e.g., level sensing devices, high
level alarms, automatic feed cutoff, or bypass to a standby tank); and
(3) Maintenance of sufficient freeboard in uncovered tanks to
prevent overtopping by wave or wind action or by precipitation.
(c) The owner or operator must comply with the requirements of
Sec. 264.196 if a leak or spill occurs in the tank system.
Sec. 264.195 Inspections.
(a) The owner or operator must develop and follow a schedule and
procedure for inspecting overfill controls.
(b) The owner or operator must inspect at least once each operating
day:
(1) Aboveground portions of the tank system, if any, to detect
corrosion or releases of waste;
(2) Data gathered from monitoring and leak detection equipment
(e.g., pressure or temperature gauges, monitoring wells) to ensure that
the tank system is being operated according to its design; and
(3) The construction materials and the area immediately surrounding
the externally accessible portion of the tank system, including the
secondary containment system (e.g., dikes) to detect erosion or signs of
releases of hazardous waste (e.g., wet spots, dead vegetation).
[Note: Section 264.15(c) requires the owner or operator to remedy
any deterioration or malfunction he finds. Section 264.196 requires the
owner or operator to notify the Regional Administrator within 24 hours
of confirming a leak. Also, 40 CFR part 302 may require the owner or
operator to notify the National Response Center of a release.]
(c) The owner or operator must inspect cathodic protection systems,
if present, according to, at a minimum, the following schedule to ensure
that they are functioning properly:
(1) The proper operation of the cathodic protection system must be
confirmed within six months after initial installation and annually
thereafter; and
(2) All sources of impressed current must be inspected and/or
tested, as appropriate, at least bimonthly (i.e., every other month).
[Note: The practices described in the National Association of
Corrosion Engineers
[[Page 291]]
(NACE) standard, ``Recommended Practice (RP-02-85)--Control of External
Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid
Storage Systems,'' and the American Petroleum Institute (API)
Publication 1632, ``Cathodic Protection of Underground Petroleum Storage
Tanks and Piping Systems,'' may be used, where applicable, as guidelines
in maintaining and inspecting cathodic protection systems.]
(d) The owner or operator must document in the operating record of
the facility an inspection of those items in paragraphs (a) through (c)
of this section.
Sec. 264.196 Response to leaks or spills and disposition of leaking or
unfit-for-use tank systems.
A tank system or secondary containment system from which there has
been a leak or spill, or which is unfit for use, must be removed from
service immediately, and the owner or operator must satisfy the
following requirements:
(a) Cessation of use; prevent flow or addition of wastes. The owner
or operator must immediately stop the flow of hazardous waste into the
tank system or secondary containment system and inspect the system to
determine the cause of the release.
(b) Removal of waste from tank system or secondary containment
system. (1) If the release was from the tank system, the owner/operator
must, within 24 hours after detection of the leak or, if the owner/
operator demonstrates that it is not possible, at the earliest
practicable time, remove as much of the waste as is necessary to prevent
further release of hazardous waste to the environment and to allow
inspection and repair of the tank system to be performed.
(2) If the material released was to a secondary containment system,
all released materials must be removed within 24 hours or in as timely a
manner as is possible to prevent harm to human health and the
environment.
(c) Containment of visible releases to the environment. The owner/
operator must immediately conduct a visual inspection of the release
and, based upon that inspection:
(1) Prevent further migration of the leak or spill to soils or
surface water; and
(2) Remove, and properly dispose of, any visible contamination of
the soil or surface water.
(d) Notifications, reports. (1) Any release to the environment,
except as provided in paragraph (d)(2) of this section, must be reported
to the Regional Administrator within 24 hours of its detection. If the
release has been reported pursuant to 40 CFR part 302, that report will
satisfy this requirement.
(2) A leak or spill of hazardous waste is exempted from the
requirements of this paragraph if it is:
(i) Less than or equal to a quantity of one (1) pound, and
(ii) Immediately contained and cleaned up.
(3) Within 30 days of detection of a release to the environment, a
report containing the following information must be submitted to the
Regional Administrator:
(i) Likely route of migration of the release;
(ii) Characteristics of the surrounding soil (soil composition,
geology, hydrogeology, climate);
(iii) Results of any monitoring or sampling conducted in connection
with the release (if available). If sampling or monitoring data relating
to the release are not available within 30 days, these data must be
submitted to the Regional Administrator as soon as they become
available.
(iv) Proximity to downgradient drinking water, surface water, and
populated areas; and
(v) Description of response actions taken or planned.
(e) Provision of secondary containment, repair, or closure. (1)
Unless the owner/operator satisfies the requirements of paragraphs
(e)(2) through (4) of this section, the tank system must be closed in
accordance with Sec. 264.197.
(2) If the cause of the release was a spill that has not damaged the
integrity of the system, the owner/operator may return the system to
service as soon as the released waste is removed and repairs, if
necessary, are made.
(3) If the cause of the release was a leak from the primary tank
system into the secondary containment system, the system must be
repaired prior
[[Page 292]]
to returning the tank system to service.
(4) If the source of the release was a leak to the environment from
a component of a tank system without secondary containment, the owner/
operator must provide the component of the system from which the leak
occurred with secondary containment that satisfies the requirements of
Sec. 264.193 before it can be returned to service, unless the source of
the leak is an aboveground portion of a tank system that can be
inspected visually. If the source is an aboveground component that can
be inspected visually, the component must be repaired and may be
returned to service without secondary containment as long as the
requirements of paragraph (f) of this section are satisfied. If a
component is replaced to comply with the requirements of this
subparagraph, that component must satisfy the requirements for new tank
systems or components in Secs. 264.192 and 264.193. Additionally, if a
leak has occurred in any portion of a tank system component that is not
readily accessible for visual inspection (e.g., the bottom of an
inground or onground tank), the entire component must be provided with
secondary containment in accordance with Sec. 264.193 prior to being
returned to use.
(f) Certification of major repairs. If the owner/operator has
repaired a tank system in accordance with paragraph (e) of this section,
and the repair has been extensive (e.g., installation of an internal
liner; repair of a ruptured primary containment or secondary containment
vessel), the tank system must not be returned to service unless the
owner/operator has obtained a certification by an independent,
qualified, registered, professional engineer in accordance with
Sec. 270.11(d) that the repaired system is capable of handling hazardous
wastes without release for the intended life of the system. This
certification must be submitted to the Regional Administrator within
seven days after returning the tank system to use.
[Note: The Regional Administrator may, on the basis of any
information received that there is or has been a release of hazardous
waste or hazardous constituents into the environment, issue an order
under RCRA section 3004(v), 3008(h), or 7003(a) requiring corrective
action or such other response as deemed necessary to protect human
health or the environment.]
[Note: See Sec. 264.15(c) for the requirements necessary to remedy a
failure. Also, 40 CFR part 302 may require the owner or operator to
notify the National Response Center of certain releases.]
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at
53 FR 34086, Sept. 2, 1988]
Sec. 264.197 Closure and post-closure care.
(a) At closure of a tank system, the owner or operator must remove
or decontaminate all waste residues, contaminated containment system
components (liners, etc.), contaminated soils, and structures and
equipment contaminated with waste, and manage them as hazardous waste,
unless Sec. 261.3(d) of this chapter applies. The closure plan, closure
activities, cost estimates for closure, and financial responsibility for
tank systems must meet all of the requirements specified in subparts G
and H of this part.
(b) If the owner or operator demonstrates that not all contaminated
soils can be practicably removed or decontaminated as required in
paragraph (a) of this section, then the owner or operator must close the
tank system and perform post-closure care in accordance with the closure
and post-closure care requirements that apply to landfills
(Sec. 264.310). In addition, for the purposes of closure, post-closure,
and financial responsibility, such a tank system is then considered to
be a landfill, and the owner or operator must meet all of the
requirements for landfills specified in subparts G and H of this part.
(c) If an owner or operator has a tank system that does not have
secondary containment that meets the requirements of Sec. 264.193 (b)
through (f) and has not been granted a variance from the secondary
containment requirements in accordance with Sec. 264.193(g), then:
(1) The closure plan for the tank system must include both a plan
for complying with paragraph (a) of this section and a contingent plan
for complying with paragraph (b) of this section.
[[Page 293]]
(2) A contingent post-closure plan for complying with paragraph (b)
of this section must be prepared and submitted as part of the permit
application.
(3) The cost estimates calculated for closure and post-closure care
must reflect the costs of complying with the contingent closure plan and
the contingent post-closure plan, if those costs are greater than the
costs of complying with the closure plan prepared for the expected
closure under paragraph (a) of this section.
(4) Financial assurance must be based on the cost estimates in
paragraph (c)(3) of this section.
(5) For the purposes of the contingent closure and post-closure
plans, such a tank system is considered to be a landfill, and the
contingent plans must meet all of the closure, post-closure, and
financial responsibility requirements for landfills under subparts G and
H of this part.
[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986]
Sec. 264.198 Special requirements for ignitable or reactive wastes.
(a) Ignitable or reactive waste must not be placed in tank systems,
unless:
(1) The waste is treated, rendered, or mixed before or immediately
after placement in the tank system so that:
(i) The resulting waste, mixture, or dissolved material no longer
meets the definition of ignitable or reactive waste under Secs. 261.21
or 261.23 of this chapter, and
(ii) Section 264.17(b) is complied with; or
(2) The waste is stored or treated in such a way that it is
protected from any material or conditions that may cause the waste to
ignite or react; or
(3) The tank system is used solely for emergencies.
(b) The owner or operator of a facility where ignitable or reactive
waste is stored or treated in a tank must comply with the requirements
for the maintenance of protective distances between the waste management
area and any public ways, streets, alleys, or an adjoining property line
that can be built upon as required in Tables 2-1 through 2-6 of the
National Fire Protection Association's ``Flammable and Combustible
Liquids Code,'' (1977 or 1981), (incorporated by reference, see
Sec. 260.11).
Sec. 264.199 Special requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible wastes and materials, must
not be placed in the same tank system, unless Sec. 264.17(b) is complied
with.
(b) Hazardous waste must not be placed in a tank system that has not
been decontaminated and that previously held an incompatible waste or
material, unless Sec. 264.17(b) is complied with.
Sec. 264.200 Air emission standards.
The owner or operator shall manage all hazardous waste placed in a
tank in accordance with the applicable requirements of subparts AA, BB,
and CC of this part.
[61 FR 59950, Nov. 25, 1996]
Subpart K--Surface Impoundments
Source: 47 FR 32357, July 26, 1982, unless otherwise noted.
Sec. 264.220 Applicability.
The regulations in this subpart apply to owners and operators of
facilities that use surface impoundments to treat, store, or dispose of
hazardous waste except as Sec. 264.1 provides otherwise.
Sec. 264.221 Design and operating requirements.
(a) Any surface impoundment that is not covered by paragraph (c) of
this section or Sec. 265.221 of this chapter must have a liner for all
portions of the impoundment (except for existing portions of such
impoundments). The liner must be designed, constructed, and installed to
prevent any migration of wastes out of the impoundment to the adjacent
subsurface soil or ground water or surface water at any time during the
active life (including the closure period) of the impoundment. The liner
may be constructed of materials that may allow wastes to migrate into
the liner (but not into the adjacent
[[Page 294]]
subsurface soil or ground water or surface water) during the active life
of the facility, provided that the impoundment is closed in accordance
with Sec. 264.228(a)(1). For impoundments that will be closed in
accordance with Sec. 264.228(a)(2), the liner must be constructed of
materials that can prevent wastes from migrating into the liner during
the active life of the facility. The liner must be:
(1) Constructed of materials that have appropriate chemical
properties and sufficient strength and thickness to prevent failure due
to pressure gradients (including static head and external hydrogeologic
forces), physical contact with the waste or leachate to which they are
exposed, climatic conditions, the stress of installation, and the stress
of daily operation;
(2) Placed upon a foundation or base capable of providing support to
the liner and resistance to pressure gradients above and below the liner
to prevent failure of the liner due to settlement, compression, or
uplift; and
(3) Installed to cover all surrounding earth likely to be in contact
with the waste or leachate.
(b) The owner or operator will be exempted from the requirements of
paragraph (a) of this section if the Regional Administrator finds, based
on a demonstration by the owner or operator, that alternate design and
operating practices, together with location characteristics, will
prevent the migration of any hazardous constituents (see Sec. 264.93)
into the ground water or surface water at any future time. In deciding
whether to grant an exemption, the Regional Administrator will consider:
(1) The nature and quantity of the wastes;
(2) The proposed alternate design and operation;
(3) The hydrogeologic setting of the facility, including the
attenuative capacity and thickness of the liners and soils present
between the impoundment and ground water or surface water; and
(4) All other factors which would influence the quality and mobility
of the leachate produced and the potential for it to migrate to ground
water or surface water.
(c) The owner or operator of each new surface impoundment unit on
which construction commences after January 29, 1992, each lateral
expansion of a surface impoundment unit on which construction commences
after July 29, 1992 and each replacement of an existing surface
impoundment unit that is to commence reuse after July 29, 1992 must
install two or more liners and a leachate collection and removal system
between such liners. ``Construction commences'' is as defined in
Sec. 260.10 of this chapter under ``existing facility''.
(1)(i) The liner system must include:
(A) A top liner designed and constructed of materials (e.g., a
geomembrane) to prevent the migration of hazardous constituents into
such liner during the active life and post-closure care period; and
(B) A composite bottom liner, consisting of at least two components.
The upper component must be designed and constructed of materials (e.g.,
a geomembrane) to prevent the migration of hazardous constituents into
this component during the active life and post-closure care period. The
lower component must be designed and constructed of materials to
minimize the migration of hazardous constituents if a breach in the
upper component were to occur. The lower component must be constructed
of at least 3 feet (91 cm) of compacted soil material with a hydraulic
conductivity of no more than 1 x 10/-7/ cm/sec.
(ii) The liners must comply with paragraphs (a) (1), (2), and (3) of
this section.
(2) The leachate collection and removal system between the liners,
and immediately above the bottom composite liner in the case of multiple
leachate collection and removal systems, is also a leak detection
system. This leak detection system must be capable of detecting,
collecting, and removing leaks of hazardous constituents at the earliest
practicable time through all areas of the top liner likely to be exposed
to waste or leachate during the active life and post-closure care
period. The requirements for a leak detection system in this paragraph
are satisfied by installation of a system that is, at a minimum:
(i) Constructed with a bottom slope of one percent or more;
[[Page 295]]
(ii) Constructed of granular drainage materials with a hydraulic
conductivity of 1 x 10/-1/ cm/sec or more and a thickness of
12 inches (30.5 cm) or more; or constructed of synthetic or geonet
drainage materials with a transmissivity of 3 x 10/-4/
m\2\sec or more;
(iii) Constructed of materials that are chemically resistant to the
waste managed in the surface impoundment and the leachate expected to be
generated, and of sufficient strength and thickness to prevent collapse
under the pressures exerted by overlying wastes and any waste cover
materials or equipment used at the surface impoundment;
(iv) Designed and operated to minimize clogging during the active
life and post-closure care period; and
(v) Constructed with sumps and liquid removal methods (e.g., pumps)
of sufficient size to collect and remove liquids from the sump and
prevent liquids from backing up into the drainage layer. Each unit must
have its own sump(s). The design of each sump and removal system must
provide a method for measuring and recording the volume of liquids
present in the sump and of liquids removed.
(3) The owner or operator shall collect and remove pumpable liquids
in the sumps to minimize the head on the bottom liner.
(4) The owner or operator of a leak detection system that is not
located completely above the seasonal high water table must demonstrate
that the operation of the leak detection system will not be adversely
affected by the presence of ground water.
(d) The Regional Administrator may approve alternative design or
operating practices to those specified in paragraph (c) of this section
if the owner or operator demonstrates to the Regional Administrator that
such design and operating practices, together with location
characteristics:
(1) Will prevent the migration of any hazardous constituent into the
ground water or surface water at least as effectively as the liners and
leachate collection and removal system specified in paragraph (c) of
this section; and
(2) Will allow detection of leaks of hazardous constituents through
the top liner at least as effectively.
(e) The double liner requirement set forth in paragraph (c) of this
section may be waived by the Regional Administrator for any monofill,
if:
(1) The monofill contains only hazardous wastes from foundry furnace
emission controls or metal casting molding sand, and such wastes do not
contain constituents which would render the wastes hazardous for reasons
other than the EP toxicity characteristics in Sec. 261.24 of this
chapter; and
(2)(i)(A) The monofill has at least one liner for which there is no
evidence that such liner is leaking. For the purposes of this paragraph,
the term ``liner'' means a liner designed, constructed, installed, and
operated to prevent hazardous waste from passing into the liner at any
time during the active life of the facility, or a liner designed,
constructed, installed, and operated to prevent hazardous waste from
migrating beyond the liner to adjacent subsurface soil, ground water, or
surface water at any time during the active life of the facility. In the
case of any surface impoundment which has been exempted from the
requirements of paragraph (c) of this section on the basis of a liner
designed, constructed, installed, and operated to prevent hazardous
waste from passing beyond the liner, at the closure of such impoundment,
the owner or operator must remove or decontaminate all waste residues,
all contaminated liner material, and contaminated soil to the extent
practicable. If all contaminated soil is not removed or decontaminated,
the owner or operator of such impoundment will comply with appropriate
post-closure requirements, including but not limited to ground-water
monitoring and corrective action;
(B) The monofill is located more than one-quarter mile from an
underground source of drinking water (as that term is defined in
Sec. 144.3 of this chapter); and
(C) The monofill is in compliance with generally applicable ground-
water monitoring requrements for facilities with permits under RCRA
section 3005(c); or
[[Page 296]]
(ii) The owner or operator demonstrates that the monofill is
located, designed and operated so as to assure that there will be no
migration of any hazardous constituent into ground water or surface
water at any future time.
(f) The owner or operator of any replacement surface impoundment
unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in compliance with the design
standards of sections 3004 (o)(1)(A)(i) and (o)(5) of the Resource
Conservation and Recovery Act; and
(2) There is no reason to believe that the liner is not functioning
as designed.
(g) A surface impoundment must be designed, constructed, maintained,
and operated to prevent overtopping resulting from normal or abnormal
operations; overfilling; wind and wave action; rainfall; run-on;
malfunctions of level controllers, alarms, and other equipment; and
human error.
(h) A surface impoundment must have dikes that are designed,
constructed, and maintained with sufficient structural integrity to
prevent massive failure of the dikes. In ensuring structural integrity,
it must not be presumed that the liner system will function without
leakage during the active life of the unit.
(i) The Regional Administrator will specify in the permit all design
and operating practices that are necessary to ensure that the
requirements of this section are satisfied.
[47 FR 32357, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50
FR 28747, July 15, 1985; 57 FR 3487, Jan. 29, 1992]
Sec. 264.222 Action leakage rate.
(a) The Regional Administrator shall approve an action leakage rate
for surface impoundment units subject to Sec. 264.221 (c) or (d). The
action leakage rate is the maximum design flow rate that the leak
detection system (LDS) can remove without the fluid head on the bottom
liner exceeding 1 foot. The action leakage rate must include an adequate
safety margin to allow for uncertainties in the design (e.g., slope,
hydraulic conductivity, thickness of drainage material), construction,
operation, and location of the LDS, waste and leachate characteristics,
likelihood and amounts of other sources of liquids in the LDS, and
proposed response actions (e.g., the action leakage rate must consider
decreases in the flow capacity of the system over time resulting from
siltation and clogging, rib layover and creep of synthetic components of
the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the
owner or operator must convert the weekly or monthly flow rate from the
monitoring data obtained under Sec. 264.226(d) to an average daily flow
rate (gallons per acre per day) for each sump. Unless the Regional
Administrator approves a different calculation, the average daily flow
rate for each sump must be calculated weekly during the active life and
closure period, and if the unit is closed in accordance with
Sec. 264.228(b), monthly during the post-closure care period when
monthly monitoring is required under Sec. 264.226(d).
[57 FR 3487, Jan. 29, 1992]
Sec. 264.223 Response actions.
(a) The owner or operator of surface impoundment units subject to
Sec. 264.221 (c) or (d) must have an approved response action plan
before receipt of waste. The response action plan must set forth the
actions to be taken if the action leakage rate has been exceeded. At a
minimum, the response action plan must describe the actions specified in
paragraph (b) of this section.
(b) If the flow rate into the leak detection system exceeds the
action leakage rate for any sump, the owner or operator must:
(1) Notify the Regional Administrator in writing of the exceedence
within 7 days of the determination;
(2) Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as to the amount of
liquids, likely sources of liquids, possible location, size, and cause
of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and
cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed,
whether
[[Page 297]]
any waste should be removed from the unit for inspection, repairs, or
controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage
rate has been exceeded, submit to the Regional Administrator the results
of the analyses specified in paragraphs (b) (3), (4), and (5) of this
section, the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the leak detection system
exceeds the action leakage rate, the owner or operator must submit to
the Regional Administrator a report summarizing the results of any
remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs
(b) (3), (4), and (5) of this section, the owner or operator must:
(1)(i) Assess the source of liquids and amounts of liquids by
source,
(ii) Conduct a fingerprint, hazardous constituent, or other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and
(iii) Assess the seriousness of any leaks in terms of potential for
escaping into the environment; or
(2) Document why such assessments are not needed.
[57 FR 3488, Jan. 29, 1992]
Secs. 264.224--264.225 [Reserved]
Sec. 264.226 Monitoring and inspection.
(a) During construction and installation, liners (except in the case
of existing portions of surface impoundments exempt from
Sec. 264.221(a)) and cover systems (e.g., membranes, sheets, or
coatings) must be inspected for uniformity, damage, and imperfections
(e.g., holes, cracks, thin spots, or foreign materials). Immediately
after construction or installation:
(1) Synthetic liners and covers must be inspected to ensure tight
seams and joints and the absence of tears, punctures, or blisters; and
(2) Soil-based and admixed liners and covers must be inspected for
inperfections including lenses, cracks, channels, root holes, or other
structural non-uniformities that may cause an increase in the
permeability of the liner or cover.
(b) While a surface impoundment is in operation, it must be
inspected weekly and after storms to detect evidence of any of the
following:
(1) Deterioration, malfunctions, or improper operation of
overtopping control systems;
(2) Sudden drops in the level of the impoundment's contents; and
(3) Severe erosion or other signs of deterioration in dikes or other
containment devices.
(c) Prior to the issuance of a permit, and after any extended period
of time (at least six months) during which the impoundment was not in
service, the owner or operator must obtain a certification from a
qualified engineer that the impoundment's dike, including that portion
of any dike which provides freeboard, has structural integrity. The
certification must establish, in particular, that the dike:
(1) Will withstand the stress of the pressure exerted by the types
and amounts of wastes to be placed in the impoundment; and
(2) Will not fail due to scouring or piping, without dependence on
any liner system included in the surface impoundment construction.
(d)(1) An owner or operator required to have a leak detection system
under Sec. 264.221 (c) or (d) must record the amount of liquids removed
from each leak detection system sump at least once each week during the
active life and closure period.
(2) After the final cover is installed, the amount of liquids
removed from each leak detection system sump must be recorded at least
monthly. If the liquid level in the sump stays below the pump operating
level for two consecutive months, the amount of liquids in the sumps
must be recorded at least quarterly. If the liquid level in the sump
stays below the pump operating level for two consecutive quarters, the
amount of liquids in the sumps must be recorded at least semi-annually.
If at any time during the post-closure care period the pump operating
level is exceeded at units on quarterly or semi-
[[Page 298]]
annual recording schedules, the owner or operator must return to monthly
recording of amounts of liquids removed from each sump until the liquid
level again stays below the pump operating level for two consecutive
months.
(3) ``Pump operating level'' is a liquid level proposed by the owner
or operator and approved by the Regional Administrator based on pump
activation level, sump dimensions, and level that avoids backup into the
drainage layer and minimizes head in the sump.
[47 FR 32357, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 50
FR 28748, July 15, 1985; 57 FR 3488, Jan. 29, 1992]