This information is reproduced with permission from ...€¦ · R. Stan Jorgensen, Acting Chief, Solid Waste Branch, 1201 Elm Street, First International Building, Dallas, Texas 75270,

Federal Reuister / Vol. 45. No. 98 / Monday, May 19, 1980 / Rules and Regulations

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Parts 264 and 265

[FRL 1446-8]

Standards Applicable to Owners andOperators of Hazardous WasteTreatment, Storage, and DisposalFacilities

AGENCY: Environriental ProtectionAgency.ACTION: Final Rule and Interim FinalRule.

SUMMARY: Subtitle C of the Solid WasteDisposal Act, as amended by theResource Conservation and RecoveryAct of 1976, as aniended (RCRA), directsthe Environmental Protection Agency topromulgate regulations establishing aFederal hazardous waste managementsystem. These Parts 264 and 265regulations are the first phase of EPA'srequirements under Section 3004 ofRCRA for owners and operators offacilities that treat, store, and dispose ofwastes which are identified or listed ashazardous under Part 261 of thisChapter.

The regulations under Part 265esiablish requirements applicable duringthe interim status period (the periodafter an owner or operator has appliedfor a permit, but prior to finaldisposition of the application) respectingpreparedness for and prevention ofhazards, contingency planning andemergency procedures, the manifestsystem, recordkeeping and reporting,ground-water monitoring, facilityclosure and post-closure care, financialrequirements, the use and managementof containers, and the design andoperation of tanks, surfaceimpoundments, waste piles, landtreatment facilities, landfills,incinerators, thermal, physical,chemical, and biological treatment units,and injection wells. In addition, thereare included some general requirementsrespecting identification numbers,required notices, waste analysis,security at facilities, inspection offacilities, and personnel training.

The Part 264 regulations include thefirst phase of the standards which willbe used to issue permits for hazardouswaste treatment, storage, and disposalfacilities. Included are requirementsrespecting preparedness for andprevention of hazards, contingencyplanning and emergency procedures, themanifest system, and recordkeeping andreporting. Also included are generalrequirements respecting identificationnumbers, required notices, wasteanalysis, security at facilities, inspection

of facilities, and personnel training.Additional Part 264 regulations will bepromulgated later this year.

DATES:

Effective Date: These regulations, inthe form published today completeEPA's initial rulemaking on the subjectscovered aid are final Agency action.They become effective on November 19,1980, which is six months from the dateof promulgation as Section 3010requires. Today's promulgation beginsthe various schedules provided byRCRA for filing notifications and permitapplications, and for States to apply forinterim authorization.

Comment dates: EPA will acceptpublic comments on these regulations asfollows:

Deadline for Submission of Comments

Final regulations--technical errors only (e.g.,typographical errors, inaccurate crossreferences)-luly 18, 1980.

Interim final regulations-July 18, 1980.Starred (') Part 265 regulations--comments

only on the propriety of making thestandard applicable during interim status-July 18. 1980.

ADDRESSES: (Comments on Interim Finalportions shouid be sent to Docket Clerk[Docket No. 30C4, Office of Solid Waste(WH-562), U.S EnvironmentalProtection Agency, 401 M Street, S.W.,Washington, D,C, 20460.

Public Docket.: The public docket forthese regulations is located in Room2711, U.S. Environmental ProtectionAgency, 401 M Street, S.W.,Washington, D.C., and is available forviewing from 9:00 a.m. to 4:00 p.m.,Monday through Friday, excludingholidays. Among other things, thedocket contains background documentswhich explain, in more detail than thepreamble to this regulation, the basis formany of the provisions in thisregulation.

Copies of Regulations: Single copies ofthese regulations will be avdilableapproximately 30 days after publicationfrom Ed Cox, Solid Waste Information,U.S. Environmental Protection Agency,26 West St. Clair Street, Cincinnati,Ohio 45268 (513) 684-5362. Multiplecopies will be available from theSuperintendent of Documents,Washington, D.C. 20402.

FOR FURTHER INFORMATION CONTACT:For general information, contact AlfredLindsey, Office of Solid Waste (WH-565), U.S. Environmental ProtectionAgency, 401 M Street, S.W.,Washington, D.C. 20460.

For information on implementation ofthese regulations, contact the EPAregional offices below:

Region I

Dennis Huebner, Chief, WasteManagement Branch, John F. KennedyBuilding, Boston, Massachusetts02203, (617) 223-R777.

Region H

Dr. Ernest Regna, Chief, Solid WasteBranch, 26 Federal Plaza, New York,New York 10007, (212) 264-0504/5.

Region III

Robert L. Allen, Chief, HazardousMaterials Branch, 6th and WalnutStreets, Philadelphia, Pennsylvania19106, (215) 597-0980.

Region IV

James Scarbrough, Chief, ResidualsManagement Branch, 345 CourtlandStreet N.E., Atlanta, Georgia 30365,(404) 881-3016.

Region V

Karl 1. Klepitsch, Jr., Chief, WasteManagement Branch, 230 SouthDearborn Street, Chicago, Illinois60604, (312) 886-6148.

Region VI

R. Stan Jorgensen, Acting Chief, SolidWaste Branch, 1201 Elm Street, FirstInternational Building, Dallas, Texas75270, (214) 767-2645.

Region VII

Robert L. Morby, Chief, HazardousMaterials Branch, 324 E. 11th Street.Kansas City, Missouri 64106, (816)374-3307.

Region VIII

Lawrence P. Gazda, Chief, WasteManagement Branch, 1860 LincolnStreet, Denver, Colorado 80203, (303)837-2221.

Region IX

Arnold R. Den, Chief, HazardousMaterials Branch, 215 Fremont Street,San Francisco, California 94105, (415)556-4606.

Region X

Kenneth D. Feigner, Chief, WasteManagement Branch, 1200 6thAvenue, Seattle, Washington 98101,(206) 442-1260.

SUPPLEMENTARY INFORMATION:

Preamble OutlineThe outline of this preamble is as follows:

I. Authority11. Introduction

A. BaclgroundB. Overview

1. Phasing of the Regulations2. Organization of Regulations and

Preamble3. Interim Final Provisions

u • ... ...I I I i iii i lil li l i i i i i i ii i i i i i I I I I I I I i l lll33154

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Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

1IL Interim Status StandardsA. AuthorityB. Criteria for Interim Status StandardsC. Added Requirements

1. Ground-Water and LeachateMonitoring

2. Incinerators3. Thermal Treatment4. Closure and Post-Closure5. Ignitable, Reactive, or Incompatible

Wastes6. Landfill Rules7. Waste Analysis8. Site Selection Standards

D. Compliance PeriodE. Notes and VariancesF. Equity

1. Common Permit Effective Date2. Case-by-Case Interim Status

Standards3. No Intention to Obtain Permits

IV. General IssuesK. Degree of Hazard

1. Classification of Waste by Risk2. Tailoring of Management Standards3. Response to Degree of Hazard

ObjectivesB. Volatile WasteC. Performance Versus Design andOperation StandardsD. Notes, Variances, andEquivalencyE. Commercial Products StandardsF. Storage of Recycled WasteG. General Standards for StorageH. Owner or OperatorL Inactive FacilitiesJ. NewFacilities and Existing FacilitiesK. References to OtherActs, Regulations,and StandardsL. Integration With OtherActs

1. Underground Injection ControlProgram

2. Ocean Disposal Program3. NPDES Permitted Facilities

a. Regulation of POTWs as Section3004 Facilities

b. Regulation of NPDES TreatmentTrain Facilities under Section 3004

c. Regulation of Sewage Sludge underSubtitle C

4. BAT Toxics and PretreatmentStandards

5. Clean Air Act6. Toxic Substances Control Act7. Surface Mining Control and

Reclamation Act8. National Environmental Policy Act

M. Special Wastes1. Changes in the Section 3001

Characteristics2. Phasing and Increased Flexibility in

Parts 264 and 265V. Detailed Analysis of Phase IRules

A. Subpart A--General1. Purpose, Scope, and Applicability

a. Ocean Disposalb. Underground Injectionc. POTWsd. Authorized State RCRA Programse. Part 261 Exclusions, Including Small

Quantities of Hazardous Waste, andRecycled or Re-used Hazardous Waste

f. Generators Who Accumulate On-site, Farmers, and Totally EnclosedTreatment Facilities

2. Relationship to Interim StatusStandards

3. Imminent Hazard ActionB. Subpart B-General Facility Standards

1. Identification Number2. Required Notices3. General Waste Analysis4. Security5. General Inspection Requirements6. Personnel Training7. General Requirements for Ignitable,

Reactive, or Incompatible WastesC. Subpart C-Preparedness andPrevention, and Subpart D-ContingencyPlan and Emergency Procedures

1. Defer Regulations Until Permit Issued2. Tailor Rules to Circumstances3. Protection Inside Versus Outside

Facilities4. Delete Contingency Plan5. Ground-Water Contamination6. Implementation of the Contingency

Plan7. Submission of Contingency Plans8. Confidential Information9. Insufficient Time for Plan Submission10. Emergency Coordinator11. Resuming Operations After an

EmergencyD. Subpart E-Manifest System.Recordkeeping, and Reporting1. General Issues

a. Burdenb. Class of Hazard

2. Manifest Systema. Manifest Copiesb. Manifest Discrepanciesc. Manifest Retention

3. Recordkeepinga. Congressional Intentb. Operating Recordc. Warrantless Inspectionsd. Nomenclature for Waste

Information4. Reporting

a. Joint Filing of Reportsb. Submission of the Annual Reportc. Certification Statementd. Unmanifested Waste Report

E. Subpart F-Ground-Water Monitoring1. Applicability2. Ground-Water Monitoring System3. Sampling and Analysis4. Preparation. Evaluation, and ResponseS. Recordkeeping and Reporting

F. Subpart G-Closure and Post-Closure1. Period of Post-Closure Care2. Notice In Deed to Property3. Amendment and Submission of Plans4. Time Allowed for Closure5. Post-Closure Permits

G. Subpart H-"nancial Requirementsi. Liability2. Financial Assurance3. Cost Estimates4. Publically-Owned Facilities

H1 Subpart I-Containers1. Condition of Containers2. Compatibility of Waste With

Container3. Management of Containers4. Inspections5. Closure6. Special Requirements for Ignitable or

Reactive Waste7. Special Requirements for Incompatible

Wastes8. Empty Non-Combustible Storage

Containers

9. Paper BagsI. Subpart I-Tanks

1. Definitions2. General Operating Requirements3. Waste Analysis and Trial Tests4. Inspections5. Ignitable. Reactive, or Incompatible

Wastes6. Closure

J. Subpart K-Surface Impoundments1. Existing Surface Impoundments2. Minimum Freeboard3. Containment System4. Waste Analysis and Recordkeeping5. Inspections6. Closure and Post-Closure7. Ignitable, Reactive, or Incompatible

WasteK Subpart L-Piles

1. Protection from Wind2. Waste Analysis3. Containment4. Closure5. Special Requirements for Ignitable or

Reactive Waste6. Special Requirements for Incompatible

WastesL Subpart M-Land Treatment(Landfarm)

1. Purpose of Treatment2. Surface Water Run-on and

Contaminated Run-off3. Recordkeeping4. Waste Analysis5. Monitoring6. Food-Chain Crops7. Closure& Ignitable, Reactive, or Incompatible

WastesM. Subpart N-Landfills

i. Landfill Cells2. Surface Water Run-on3. Contaminated Surface Water Run-off4. Wind Dispersal5. Surveying and Recordkeeping6. Landfill Closure7. Post-Closure Care8. Ignitable or Reactive Waste9. Incompatible Wastes10. Bulk Liquid Waste11. Containerized liquid Waste12. Empty Containers

N. Subpart 0-Incinerators1. General Operating Requirements2. Monitoring and Inspections3. Waste Analysis4. Energy Recovery5. Closure

0. Subpart P-Thermal TreatmentP. Subpart Q-Chemical. Physical, andBiological TreatmentQ. Subpart R-Underground Injection

VT. OMB ReviewVII. Supporting Documents

A. Background DocumentsB. Reference Manuals

I. AuthorityThese regulations are issued under the

authority of Sections 1006, 2002(a). 3001through 3007, and 3010 of the SolidWaste Disposal Act, as amended by theResource Conservation and RecoveryAct of 1976, as amended, 42 U.S.C.§§ 6905, 6912(a) and 6921 through 6927,and 6930.

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II. Introduction

A. BackgroundEarly this year, EPA began issuing the

regulations Which comprise the SubtitleC hazardous waste management system.On February 26, 1980, it promulgatedstandards for generators andtransporters of waste under Sections3002 and 3003 of RCRA (Parts 262 and263, respectively) and a public noticeestablishing procedures for filing anotice of hazardous waste activity underSection 3010. Today, in addition to thesePart 264 and Part 265 regulations, EPA ispublishing permit procedures, and :guidelines for the approval of State'hazardous waste programs underSections 3005 and 3006 (Parts 1212, 123;and 124) and the first phase of itsSection 3001 hazardous waste list (par.t261) and Part 260, which defines words sand phrases used in Parts 261 through265, and contains provisions generallyapplicable to all of those regulations.

The preamble to the Section 3001regulations should be read for an --introduction to the hazardous wastemanagement problem in the UnitedStates and an explanation of theframework of Subtitle C. It alsodiscusses many of the general issuesand difficult problems the Agency has:faced in finalizing the Section 3001 andSection 3004 regulations.

The Agency developed its Section3004 regulations in tandem with itsSection 3001 regulations, holdingnumerous meetings withexperts inhazardous waste management, States,Federal agencies, industry,environmental groups, and otherindividuals and organizations to discusspossible management standards. EPAalso circulated diaft'regulations forcomment and held several publichearings. Based on the commentsreceived in meetings, hearings, and onits draft regulations, and on informationthe Agency collected, on December 18,1978, EPA proposed nationil standardsfor the location, design, operation, - omonitoring, closure, and post-closurecare of facilitiesiwhich treat, store, ordispose of hazardous waste (43 FR K58982-59022). The standards weredesigned to protect human health andthe environment by ensuring the properdesign, construction, and operation ofhazardous waste management facilitiesin accordance with the mandate ofSection 3004 of RCRA.

EPA held five public hearings on itsDecember 18, 1978, proposal, at Whichseveral hundred persons testified. The'Agency received over one thousand setsof written comments on the proposed -Section 3004 regulations. The Agency:has carefully considered all of the: -

comments it received. Many of themraised difficult technical questions.Analysis and resolution of thesequestions is hampered in general by theNation's lack of long-term experiencewith advanced waste managementtechnologies. This limited experiencehas made it difficult to evaluate theaccuracy.of the often conflicting claimswhich the commenters made regardingthe proposed Section 3004 standards.

It has become clear to the Agency thatit may take several years, in some cases,to adequately develop the data andperform the analyses necessary toresolve the more complex technicalissues raisedby the regulations and thecomments in a way that will allowpromulgation of nationally applicabledetailed technical standards. As aresult, promulgation of regulationsinvolving these issues is beingpostponed. On the other hand, some ofthe proposed regulations prescribedrecordkeeping and reporting'reguirements, and many involvedrecognized -'good managementpractices" which are not highlytechnical. This second category ofstandards is adequately supported byexisting data, and can be promulgated -now. Accordingly, the standards for,hazardous waste management facilitiesWill be promulgated and implemented inphases.

B. Overview1. Phasing of the Regulations. The

Phase I standards are being promulgatedtoday. They include a nearly completeset of interim status standards, 'in Part265, and most ot the general status (Part264) administrative and non-technicaloperating standards. The interim statusstandards cover the following areas:1. Purpose, Scope, and Applicability and

other General Standards'2. Waste Analysis Requirements3. Security4. Inspections -5. Training6. Preparedness and Prevention7. Contingency Plans and EmergencyProcedures

8. Manifest System, Recordkeeping, andReporting

9. Ground-Water Monitoring10. Closure and Post-Closure Care11. Financial Requirements (Partial)-12. Use and Management of Containers'13. Tanks14. Surface Impoundments15. Waste Piles16. Land Treatment17. Landfills18. Incinerators19. Thermal Treatment20. Chemical, Physical, and Biological

Treatment

21. Underground InjectionThe general status regulations

promulgated today cover the first eightof these areas and are essentiallyidentical to the corresponding intdrimstatus standards. The section of thepreamble entitled "Interim StatusStandards" explains when the interimstatus standards apply to facilities andwhen the general standards apply.

As previously mentioned, the Agencybelieves it may take several years toresolve all of the issues necessary topromulgate detailed national technicalstandards for some types of facilities(e.g., the design requirements forlandfills). In the meantime, however, inorder to issue permits which will protecthuman health and the environment, EPAmust evaluate the technical capabilitiesof specific facilities to managehazardous waste. Therefore, as aninterim measure, EPA will publish In thenear future Phase II of the Section 3004regulations-a set of technicalregulations which will allow permits tobe issued based on the Agency's bestengineering judgment of the technicalrequirements which individual facilitiesmust meet. These regulations will allowpermits to be processed in a manner thatwill ensure the protection of humanhealth and the environment byevaluating hazardous wastemaniagement facilities in terms ofbothsite-specific factors and the nature ofthe waste that the facility will manage.At a minimum, these regulations willcontain A set of factors (e.g., distance toground water'and waste mobility) whichmust be considered. Where they ar9available, the regulations Will alsocontain models, formulas, andperformance standards to provide astandardized method of analysis. Indetermining whether a facility willadequately safeguard human health andthe environment, the RegionalAdministrator will apply his bestengineering judgment to data which theapplicant submits concerning thesefactors. I'

The third phase of this regulatoryprogram will involve the resolution ofthe complex technical issues describedearlier, and the repropogl and ultimatepromulgation of more definitivecounterparts of the Phase II standards.These more definitive standards areexpected to supplant-the Phase IIstandards and mhake the permittingprocess more straightforward. Inaddition to standards for specific typesof facilities, the Phase III regulationsmay also include standards for specificindustries and waste which requirespecial management 'standards,

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The Agency believes that this three-phase regulatory strategy will givemaximum protection to human healthand the environment without imposingthe more complex regulations asnational technical standards before thecontroversial issues surrounding themcan be fully investigated. This strategyalso should not complicateimplementation of the hazardous wasteprogram. Its only effect will be topostpone by some months the beginningof facility permitting using the Phase IIstandards. Any postponement in issuingthese Part 265 interim status regulations,however, would cause an unwarranteddelay in commencement of the SubtitleC management program.

All the standards EPA is promulgatingtoday are written so as to be broadlyapplicable to large numbers of facilitiesand vast amounts of hazardous waste.The Agency has been faced with thetask of balancing the goals of broadapplicability and regulatory specificity.EPA believes that the technicalregulations promulgated today are clearand sufficiently straightforward so thatany reasonably qualified engineershould be able to interpret andimplement them.

EPA has used all of the informationavailable to it to try to write standardswhich begin to address its mandate inSection 3004-to promulgate suchstandards as may be necessary toprotect human health and theenvironment. Some members of theregulated industry may argue that theAgency should wait to promulgate itsSection 3004 standards until it has aneven broader data base and can writemuch more specific nationallyapplicable technical standards. EPAdoes not believe that it would bereasonable to wait longer. The Agencyhas been called upon to address anextremely serious environmentalproblem and must proceed as quickly aspossible given its limited resources.

These standards form only the bareoutline of those that will be coming inPhases II and III. Interim statusstandards are not the final answer to thelong-term environmental problemscaused by hazardous waste disposal;they really form the outline of thetechnical standards and bestengineering judgment permits that are tocome. Nevertheless, through the use ofthe manifest system, the recordkeepingand reporting requirements, and theclosure, waste analysis, training,inspection, and contingency planrequirements, EPA will begin to bringunder control environmentallydisastrous practices that up to now haveoften gone largely unregulated.

2. Organization of Regulations andPreamble. EPA has totally reorganizedits Subtitle C regulations in response tocomments that its proposed regulationswere difficult to read. Regulationsimplementing Section 3004 wereoriginally proposed as Subpart D of Part250 of Title 40 of the Code of FederalRegulations. The proposed interimstatus standards were specified inparagraph (c) of § 250.40. The interimstatus standards have been recodifiedas Part 265, while the general statusstandards (i.e., those independentlyenforceable standards which will beused to issue permits and which applyto facilities without interim status)appear in Part 264. Definitions of termsused in these regulations, like thoseused in Parts 261 through 263, arecontained in § 260.10.

Subparts A of Parts 264 and 265specify how the regulations are to beused and which facilities are subject towhich regulations. All facilities whichtreat, store, or dispose of hazardouswaste (as defined in the Part 261regulations), other than those excludedin Subpart A are, by and large, subjectto these regulations. Some of theregulations, however, apply only tocertain kinds of facilities or containspecial conditions for certain classes offacilities.

Subparts B to H (excluding Subpart F)of Part 265 and Subparts B to E of Part264 contain standards which applygenerally to all types of facilities.Subparts I to R of Part 265 containstandards for specific types of facilities(landfills, tanks, incinerators, etc.). Thecorresponding facility-specific Part 264standards will be promulgated in PhasesII and I of this regulatory program.

The remainder of this preamble isdivided into four sections. The firstsection discusses the role of the interimstatus standards and the major issuesraised by the commenters on thosestandards. The next section deals with anumber of general issues which pertainto all of the Section 3004 standards.Many of the issues discussed in thissection pertain to the Phases 11 and Illregulations as much or more than theydo to the Phase I regulations. EPA ismaking an effort, insofar as decisionshave been made, to inform the public ofhow the standards for hazardous wastemanagement facilities will develop overtime. The third section is a subpart-by-subpart analysis of the final Phase Irules. This analysis summarizes themajor issues raised by the commenterson each section of the proposed rules,and explains how the final rules reflectthe Agency's resolution of these issues.The last section of the preamble

describes the documents which supportthese regulations.

3. Interim Fin al Pro visions. Mostsections of these regulations have beenchanged in response to comments.Those sections which have beenmodified substantially are being issuedas interim final regulations so that thepublic can comment on the modifiedstandards before they are promulgatedas "final final" regulations. All of thePart 264 and Part 265 regulations arepromulgated today, however, forpurposes of the six-month effective dateunder Section 3010(b).

Those sections of the regulationswhich EPA is promulgating as interimfinal are as follows:

PART 264Se.24.12 Required notices.

PART 265Subpart B--General Facility Standards265.12 Required notices.265.17 General requirements for ignitable.

reactive, or incompatible wastes.Subpart F-Ground-Water Monitoring265.90 Applicability.265.91 Ground-water monitoring system.285.92 Sampling and analysis.285.93 Preparation. evaluation. and

response.25.94 Recordkeeping and reporting.

Subpart G--Closure and Post-Closure2=5.111 Closure performance standard.285.112- Closure plan; amendment of plan.255.113 Tune allowed for closure.265.117 Post-closure care and use of

property-, period of care.265.118 Post-closure plan; amendment of

plan.

Subpart [-Use and Management ofContainers285.176 Special requirements for ignitable or

reactive waste.Subpart J-Tanks285.198 Special requirements for ignitable or

reactive waste.Subpart K-Surface Impoundments285.228 Closure and post-closure.Subpart L-WastelPiles265.251 Protection from wind.265.252 Waste analysis.265.253 Containment.285.258 Special requirements for ignitable or

reactive waste.265.257 Special requirements for

incompatible wastes.

Subpart M-Land Treatment265.272 General operating requirements.285.273 Waste analysis.265.276 Food chain crops.285.278 Unsaturated zone (zone of aeration)

monitoring.285280 Closure and post-closure.

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Federal Register [ Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

Subpart N-LandfillsSec.265.310 Closure and post-closure.265.314 Special requirements for liquid

waste.265.315 Special requirements for containers.

Subpart 0-Incinerators;

265.343265.345265.347265.351

General operating requirements.Waste analysis.Monitoring and inspections.Closure.

Subpart P-Thermal Treatment265.373265.375265.377265.381265.382

General operating reqfiirements.Waste analysis.Monitoring and inspections.Closure.Open burning; waste explosives

Subpart 0-Chemical, Physical, andBiological Treatment265.405 Special requirements for ignitable or

reactive waste.

Subpart R-Underground Inlection265.430, Applicability.

Certain sections of the Part 265regulations Were proposed as generalstatus standards, and have not been sosubstantially modified that the Agencyis accepting further public comments ontheir substance. However, because theyhave now been incorporated in theinterim status standards, EPA willaccept comments on the propriety oftheir inclusion as such. As the preambleindicates, almost all of the additions tothe interim status standards were madein response to comments, but EPA,believes that additional publiccomments will assist the Agency in anynecessary adjustments to the Part 265standards. The Agency will acceptcomments on the propriety as interimstatus standards of the following,sections:

PART 265

Subpart B-General Facility Standards

Sec.265.13 General waste analysis.

Subpart J-Tanks265.192 General operating requirements.265.193 Waste analysis and trial tests.

Subpart K-Surface Impoundments265.222 General operating requirements.265.223 Containment system.265.225 Waste analysis and trial tests.265.229 Special requirements for ignitable or


incompatible wastes.Subpart M-Land Treatment265.281 Special requirements for ignitable or

reactive waste.2 65.282 Special requirements for


Subpart N-LandfillsSec.265.302 General operating requirements.265.312 Special requ irements for ignitable or

reactive waste.

Subpart 0-Chemical, Physical, andBiological Treatment265.401 General operating requirements.265.402 Waste analysis and trial tests.

It is EPA's intent to act on all interimfinal portions of these regulations priorto their effective date.

III. Interim Status Standards

Section 3005(e) of RCRA specifies thatif the owner or operator of a facilitywhich is in existence on October 21,1976, (the date of enactment of RCRA)notifies EPA, as required by Section3010 of RCRA, and properly applies for apermit, the facility owner or operator isto "be treated as having been issuedsuch permit." EPA refers to such anowner or operator asone who has"interim-status" (the title of subsection3005(e)). Accordingly, for facility ownersor operators who have notified EPA andapplied for a permit, the interim statusperiod extends from the date the initialSection 3001 through 3005 regulations gointo effect to the date finaladministrative action on the individualpermit application is taken.

Congress, in enacting this provision,apparently, recognized that it will take aconsiderable period of time for EPA toact on all facility permit applications.The provision for interim status, toallow a smooth transition to fullregulation under new nationalstandards, allows owners and operatorsof existing facilities to continue tooperate them until decisions on theirpermit applications are made.

The Agency expects that most of theapproximately 26,000 prospectivepermittees will notify EPA of theirhazardous waste activities (as requiredby Section 3010 of RCRA and explainedin a notice of February 26, 1980 (45,1 R12745-54)) and will apply for a permit.Considering the potential number ofapplicants, the potential administrativecomplexity of issuing hazardous wastepermits, the limited staff that EPAexpects to have available to review andnegotiate permit applications, and EPA'sexperience with the National PollutantDischarge Elimination System (NPDES)permit program under the Clean WaterAct, the Agency estimafes that it willtake several years to act on all permitapplications. Therefore, many -prospective permittees will be operatingin interim status for an extended periodof time. In keeping with the intent ofCongiess that hazardous wastemanagement be regulated by nationalstandards as quickly as possible, and

with the statutory structure makingSection 3004 standards independent ofthe Section 3005 permitting process (seediscussion below), EPA believes thatthese prospective permittees should atleast comply with selected minimumrequirements of Section 3004 duringinterim status. '

The Agency believes that permitapplicants with interim status shouldnot be expected to meet all of the PhaseII and Phase III Part 204 standards,because some of the specificrequirements of these standards may beinappropriate for certain facilities, anddifferent requirements may besubstituted when a permit is issuedusing the variance provisions in theregulations- Alternatively, duringpermitting under the Phase IIregulations, each permit will be issuedon the basis of the permit writer's "bestengineering judgment." In addition,some permittees may be allowed areasonable period of time to come intocompliance with certain of the generalSection 3004 (i.e., Part 264) standards, aspermitted by Section 3005(c) of RCRA.The Agency believes that decisionsregarding certain standards and allindividual compliance shedules shouldbe made in the permit issuance processwhere there is full opportunity for publicparticipation and for interactionbetween the Agency and the permitapplicant.

On the other hand, given Congress'intent that hazardous wastemanagement be regulated as quickly aspossible, and the independentenforceability of the Section 3004standards, EPA believes thatprospective permittees should begin tomeet at least those thresholdrequirements of Section 3004 whichapply generally to all facilities andwhich will definitely be included in allpermits. This will begin to achieveRCRA's goal of protecting human-healthand the environment.

The Agency has chosen a middlecourse between, on the one hand, havingno requirements applicable during theinterim status period and, on the other,making the complete set ofindependently enforceable standardsapply.

A. AuthorityA number of commenters supported

the concept of interim status standardsand agreed that authority for theserequirements exists in Section 3004 ofthe Act. Others stated that neitherSection 3005 nor Section 3010 of RCRAauthorizes EPA to impose facilityrequirements during the interim statusperiod. They recommended deleting theinterim status standards, because EPA

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has the power to deal with imminenthazards under Section 7003, andbecause those facilities not posing animminent hazard can continue underexisting local control until new permitsare issued.

These commenters apparentlymisunderstood the relationship ofSection 3004 to Sections 3005, 3008, and3010 of RCRA. The Section 3004regulations are independentlyenforceable national standards whichapply to owners and operators ofhazardous waste facilities. Section 3008authorizes enforcement actions againstpersons violating any requirement ofSubtitle C. Thus, enforcement actionsagainst persons violating the Section3004 requirements are authorized bySection 3008.

EPA does not believe that the"requirements of Subtitle C" referred toin Section 3008 are only thoserequirements incorporated in a permitpursuant to Section 3005. Therequirement that facility owners andoperators comply with the permitrequirements of Section 3005. is oneindependent requirement of Section 3004(see Section 3004(7)).

Section 3005(c) requires that EPAdetermine that a facility complies withthe Sectfon 3004 requirements beforeissuing a permit Permit revocationunder Section 3005(d) also is based onnon-compliance with Section 3005 orSection 3004 requirements. Thus, underthe terms of the statute, Section 3004standards are independentlyenforceable and are "requirements ofSubtitle C" within the meaning of thatterm in Section 3008. As the preamblesto Parts 122 and 123 of the consolidatedpermit regulations discuss, EPA will,however, regard compliance with a dulyissued RCRA permit as compliance withthe terms of the statute except for thecase of state-issued permits that fail toreflect EPA suggestions made duringEPA review.

Section 3005(a) requires that EPApromulgate regulations requiring ownersor operators of hazardous wastefacilities to have a permit, and prohibitstreating, storing, or disposing ofhazardous waste without a permit afterthe effective date of these regulations.Section 3010(b) states that all of theSubtitle C regulations, including bothSection 3004 and 3005 regulations, takeeffect six months after they arepromulgated.

Thus, on the effective date of theSection 3004 regulations, facility ownersand operators are required to complywith a11 of the Section 3004 standards'and have a permit under Section 3005 inorder to operate legally. Clearly, it isbeyond the capability of facility owners

or operators to comply with all of theSection 3004 requirements, and beyondthe capability of the Agency (orauthorized States) to issue all permits,within the six months between the datethe regulations are promulgated andtheir effective date.

Section 3005(e) resolves part of thisproblem by authorizing facility ownersor operators, under certain conditions,to obtain interim status. This allowsowners oroperators to be treated ashaving been issued a permit until EPAmakes a final administrative dispositionof their permit application, and thussatisfies the mandates of Section 3005(a)and of Section 3004(7) which prohibitoperations without a permit. Havinginterim status thus relieves the owner oroperator of a facility of the possibility ofbeing prosecuted for operating without apermit It does not, however, relieveowners and operators of facilities of thenecessity to comply with the Section3004 standards when they becomeeffective.

As discussed above, Section 3004standards are independentlyenforceable requirements which applyto all treatment, storage, and disposal ofhazardous waste. In addition to theautomatic applicability of Section 3004standards, however, EPA interprets thelanguage of Section 3005(e)(3), that aperson shall be treated as having beenissued a permit, to mean that a personwho operates with interim status mustaccept the responsibilities and liabilitiesassociated with being a permittee. Thusthe conditions of Section 3004 which areimposed on permit holders by operationof Section 3005 (c) and (d) are alsoapplicable to owners or operators offacilities with interim status becausethey "shall be treated as having beenissued such permit."

For the reasons noted above (i.e., thatdecisions regarding certain standardsand all individual compliance schedulesshould be made in the permit issuanceprocess), the Agency does not believethat permit applicants with interimstatus should be expected to meet all ofthe general Section 3004 standardsimmediately. Hence, the Agencydecided to promulgate separate interimstatus standards to avoid the burden onexisting facilities which could otherwiseresult if all of the Section 3004 standardswere applied immediately.

The Administrator's generalrulemaking authority under Section2002(a)(1) of RCRA provides anadditional basis for the establishment ofinterim status standards and the relief topermit applicants of the need forimmediate compliance with all of thePart 264 Section 3004 standards, as theyare promulgated. Section 2002(a) states:

"In carrying out this Act, the AdministratorIs authorized to:

(1) Prescribe, in consultation with Federal,State. and regional authorities, suchregulations as are necessary to carry out hisfunctions under this Act."

The Agency believes, for the technicaland policy reasons mentioned above,that the establishment of interim statusstandards is an appropriate use of thisgeneral rulemaking authority.

B. Criteria for Interm Status Standards

In general, EPA used the followingcriteria for deciding which standardsshould apply during interim status:

(1) The standards can be met in astraightforward manner without needfor substantial interpretation by, ornegotiation with, EPA. EPA's limitedresources will be consumed at the outsetof the program with implementing otherfeatures of this complex regulatoryprogram, such as the notification andmanifest system, enforcement, and thepermitting process itself. The Agency,therefQre, plans to minimize individualcontact with the regulated communityduring the interim status period. Ifindividual applicants are to havesubstantial contact with the Agencyduring interim status, it will be moreproductive for the Agency to put itsresources into implementing the fullstandards through the permittingprocess which the Act envisions, ratherthan postponing or slowing down theimplementation of the full standards sothat a more complex set of interimstandards can be implemented.

(2) Compliance does not requiresubstantial capital expenditures whichare properly the result of the certainty ofpermit conditions. Many of the technicalregulations could require costlyconstruction or retrofitting, and thedesigns underlying these expenditureswill be the subject of discussion duringthe permitting process. The Agencybelieves it is unreasonable to requirecostly construction during interimstatus, which may then be disallowed orrequired to be modified duringpermitting.

(3) Compliance can be achievedwithin the six-month period between thedate the regulations are promulgatedand the date they become effective.Many of the Part 264 standards mayentail time for equipment delivery,construction, installation, training, andshakedown which could significantlyexceed the six months available. Whilethe Agency could delay the effectivedate of regulations requiring animplementation period longer than sixmonths, a multitude of different effectivedates for different regulations could

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complicate the implementation process,leading to confusion.

It should be emphasized that theAgency used these criteria only asguidelines in developing the interimstatus regulations. The Agency hasincluded other requirements in theinterim status standards which areexceptions to these guidelines when itjudged that requirements were ofunusual importance and that thebenefits to be gained from earlyimplementation of the requirementswould substantially outweigh thedisadvantages. One important exceptioninvolves the closure and post-closurecare regulations. Improper facilityclosure and abandonment hashistorically been a major cause ofhuman health impacts andenvironmental damage. The Agencybelieves that no facility should beclosed during interim status withoutbeing closed properly. Therefore, permitapplicants who close all or parts of theirfacilities during interim status will berequired to meet the full closure andpost-closure care requirements,including the requirement to have theplar~s for those activities approved bythe Agency. Similarly, even though theground-water monitoring provisions donot meet the criteria for interim statusstandards specified earlier, owners oroperators of surface impoundments,landfills, and land treatment facilitiesare also required to comply with theseprovisions during the interim statusperiod (although EPA has provided a 12-month delay in the date for compliance).The Agency believes it of primeimportance to require owners oroperators of these facilities to'monitorground water during interim status inorder to know whether an existingfacility may already have contaminatedthe ground water. The rationales forother standards which are exceptions tothese guidelines are discussed below.

The Agency views the interim statusstandards as dynamic regulationswhich, for many facilities, may be ineffect for a number of years beforepermits are issued or denied. As theneed and support for additionalregulations becomes clear, the Agencyexpects to add to this initial set ofinterim status standards throughadditional rulemaking. EPA will, ofcourse, continue to refine both the Part264 and Part 265 regulations as the stateof technology of hazardous wastemanagement improves.

As discussed previously, promulgationof parts of the Section 3004 standardswill be phased in over time. -Consequently, the Agency is specifyingthe interim status standards

independently of the general Section3004 standards. This procedure willallow the initial phase of the RCRAhazardous waste control program to beimplemented without further delay. Itwill also avoid the ambiguity andc6nfusion-which can arise whenstandards are extensively referencedand cross-referenced, as was the case inthe December 1978 proposal.

The Agency received numerouscomments from a wide cross-section ofcommenters concerning general issuesraised by the proposed interim statusstandards. These comments fall into thefollowing areas, which are discussed inturn below:

(1) requirements to be added tointerim status standards; 1

(2) compliance period for some or allstandards;

(3) notes and variances; and(4) equity.

C. Added Requirements

Several commenters felt that thescope of the proposed.interim statusstandards should be expanded toinclude all requirements of the general

'Section 3004 regulations which could beimplemented immediately and thatwould be unlikely to requiremodification when a permit is issued. Ingeneral, EPA agrees.

Several of the more importantsuggestions for additional interim statusstandards are discussed below.

1. Ground-Water and LeachateMonitoring. The proposed interim statusstandards required ground-water and'leachate monitoring at landfills andsurface impoundments where one or

-both of these monitoring systems werealready in place. Several commenterssuggested requiring ground-water andleachate monitoring at all facilitiesduring interim status, whether or notsuch systems were already in place.They felt that exempting some sites fromconducting this monitoring would meanthat local and State implementingauthorities would be deprived of thewarning needed to determine if sites areendangering ground water and localwater supplies. Further, some of thecommenters stated that ground-watermonitoring systems njust be installed atall facilities that receive permits. Theyfelt that EPA should not postponemonitoring until th- final permit wasissued, because that could take fiveyears or longer. Other commenters feltthat monitoring data were essential to(1) identify sites which are-violating thehuman health and environmentalstandards, and (2) to trigger appropriateaction against those sites, even thoughthe human health and environmental

standards were not proposed as interimstatus standards.

The Agency has considered thesecomments carefully. First of all, It shouldbe noted that leachate monitoring In theunsaturated zone beneath existinglandfills and surface impoundments willnot be required in Phase II of the generalSection 3004 standards for technicalreasons (see the preamble discussion onGround-Water Monitoring for details),However, the Agency has determinedthat leachate monitoring is technicallyfeasible and appropriate for landtreatment facilities (land farms), and,therefore, has added this requirement tothe interim status standards for thesefacilities (see the preamble discussionon Land Treatment facilities),

The Agency does not believe that allfacilities require ground-watermonitoring systems during the Interimstatus period or otherwise. For example,it would be an unnecessary expensewith little benefit to human health or theenvironment to require above-groundstorage tanks or incinerators to haveground-water monitoring systems,because leakage of hazardous wasteinto the ground can be detected visuallyat these facilities. The Agency believesground-water monitoring is appropriateprimarily at facilities where hazardouswaste is purposely placed onto or intothe land-such as at landfills, surfaceimpoundments, injection wells, and landtreatment facilities-and where ground-water location, quantity, and usage, andother factors such as geology and-climate, indicate the need for ground-water monitoring.

Another issue is whether or not alllandfills, surface impoundments, andland treatment facilities should haveground-water monitoring systems duringthe interim status period. There are anumber of factors upon which this Issueturns. On the one hand, it is true thatnearly all landfills, surfaceimpoundments, and land treatmentfacilities will eventually be required toinstall ground-water monitoring systemsas a permit condition. If these systemsare installed during interim status, theywould supply several years ofmonitoring data and early warning ofpotential ground-water contaminationproblems which would otherwise beunavailable. Given the recent spate ofground-water problems identified athazardous waste -disposal facilities (seeGround-Water Monitoring BackgroundDocument), there is good reason forrequiring ground-water monitoringduring the interim status period.

On the other hand, the planning andconstruction of ground-water monitoringsystems takes time, and should beoverseen by qualified hydrogeologists.

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Also, ground-water monitoring systemsmay be inappropriate in somecircumstances. Furthermore, theproposed ground-water sampling andanalysis requirements were extensive,and contained provisions for variancesin some cases.

On balance, the Agency has decidedthat the advantages-in terms ofincreased human health andenvironmental protection-of requiringall landfills, surface impoundments, andland treatment facilities to have ground-water monitoring systems during theinterim status period outweigh thedrawbacks outlined above. However,the Agency ifconcerned about the shorttime in which facilities currentlyoperating without ground-watermonitoring systems must comply, i.e.,Section 3010(b) provides that Section3004 standards take effect six monthsafter their promulgation. Consequently,the Agency has written the final interimstatus standards to require that allhazardous waste landfills, surfaceimpoundments, and land treatmentfacilities have ground-water monitoringsystems within 18 months of thepromulgation of the regulations unlessthe owner or operator conductshydrogeological studies whichdemonstrate that such a system isunnecessary. This delayed schedule forcompliance should allow enough time toproperly plan and install the systems. Inaddition, to minimize the need forowners or operators to interact with theAgency, the ground-water sampling andanalysis requirements have beensimplified so that variances are nolonger necessary.

While these regulations requireowners and operators of surfaceimpoundments, landfills and landtreatment facilities to begin to set upground-water monitoring programs, theAgency has yet to specify theappropriate corrective action that is tofollow the discovery and initialassessment of contamination. TheAgency believes that its ground-waterprotection strategy under Section 3004 isa critical element of the entire Subtitle Cprogram. EPA, therefore, intends todevelop that standard as part of thePhase II regulations, which better allowsthe Agency to integrate its ground-waterprotection objectives with its strategyfor setting other'environmentalperformance objectives.

The absence of a specific ground-water quality protection standard inPart 265 does not in any senseundermine the need for ground-watermonitoring requirements during theinterim status period. The monitoringsystem required here is designed to

answer two questions. Has the facilitycontaminated ground-water? If so, whatis the degree of contamination? Theanswers to these questions will beessential to whatever ground-waterquality protection standard (andcorrective action) is included in thePhase I regulations. Moreover, a carefulassessment of these issues will requirean examination of background ground-water quality, for which owners andoperators of surface impoundments,landfills, and land treatment facilitiescan and should begin to monitor.

2. Incinerators. The proposedregulations contained detailedrequirements for the operation ofhazardous waste incinerators. Theseincluded destruction efficiency,combustion levels, detailed monitoringand inspection, and trial burns. Thesewere not made applicable during theinterim status period. A commentsuggested that the proposed monitbringand inspection requirements should bemade applicable during the interimstatus period.

Full application of those standardswould require major capital outlays forequipment which may not be readilyavailable and which might need to bealtered during the permitting process.On the other hand, existing damageincidents and operator requests (incomments on the proposed regulations)for emission variances during start-upand shut-down periods show thatimproper incineration of hazardouswaste can be a serious health problem.In addition, for some facilities, theinterim status period will last longerthan EPA had expected at the time theregulations were first proposed.

Because of this the Agency is nowissuing, on an interim final basis, a setof "threshold" requirements designed toassure a basic level of environmentaland human health protection throughoutthe interim status period. Thesestandards are discussed in the SubpartO analysis in this preamble and in anaccompanying background document.They meet EPA's informal interim statuscriteria while offering protection from'the most serious dangers of hazardouswaste incineration.

3. Thermal Treatment. The proposedregulations contained no provisionsspecifically applicable to all types ofthermal treatment of hazardous waste.Commenters feared that the proposedincineration regulations, focusing onflame combustion techniques, wouldunduly restrict innovative treatment ofhazardous waste in other thermaltreatment facilities. The Agency wishesto encourage the development of newtechniques that can adequately renderwaste less hazardous or non-hazardous,

or more amenable to transport or store.Thus, these regulations include a newset of standards-Subpart P-regulatingother forms of thermal treatment.

The risks associated with the thermaltreatment of hazardous waste aresimilar to those posed by hazardouswaste incineration. The Agency hastherefore designed, for the interim statusperiod, a set of "threshold" requirementsto provide a basic level of protection forhuman health and the environment.They are discussed in the Subpart Panalysis in this preamble ahd in anaccompanying background document.They are being issued on an interimfinal basis.

4. Closure and Post-Closure. Anumber of commenters suggested addingthe requirement for submitting a closureplan to EPA (as outlined in proposed§ 250.43-7(c)) to the interim statusstandards.

Upon reviewing the comments, it isclear that some members of the publicdid not understand the Agency'sintention regarding closure plans duringthe interim status period. The Agencyintended that each facility owner oroperator with interim status wouldprepare a closure plan for his facility, toinclude estimates of closure costs, andpost-closure costs, if applicable. Theowner or operator would then use thisinformation as the basis for complyingwith the financial requirements (aclosure trust fund, and post-closure trustfund, if applicable]. However, theAgency did not believe that it wasnecessary for owners or operatorsroutinely to submit these closure plansto the Agency for review during theinterim status period. In EPA's opinion,the Agency staff should focus theirattention on issuing permits and onenforcement matters, rather thanreviewing closure plans. The Agencycan ensure that closure plans areprepared when it conducts facilityinspections. Further, the facility owneror operator must submit a closure planwith Part B of his permit application. Nolater than the time the permit isconsidered, the Agency will review theplan and require it to be revised, ifnecessary.

EPA agrees with the thrust ofcomments in this area, though, andshould an owner or operator wish toclose his facility during the interimstatus period (i.e., before finaladministrative action on the permitapplication] he must contact theRegional Administrator 180 days beforehe expects to begin closure. At that time,the Agency will review the closure planand require it to be adjusted asnecessary. These procedures have beenclarified in the final rules. (See Closure

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and Post-Closure Care BackgroundDocument for details.)

5. Ignitable, Reactive, or IncompatibleWastes. Several commenters suggestedthat the proposed standards whichrestricted the handling of ignitable,reactive, and incompatible wastes atcertain facilities be included in the set ofinterim status standards. Thesestandqrds were not, for the most part,proposed as interim status standardsbecause tie extensive and complexprovisions in the Notes (i.e., variances)to these proposed standards would haverequired extensive interaction with theAgency. However, many commenterssuggested that owners and operatorsshould be allowed to make forthemselves the judgments embodied inthe Notes, without obtaining theapproval of the Regional Administrator.As discussed below, the Agency decidedthat this could be made a workablearrangement and has made theobjectives of the Notes a self-executingpart of the regulations. Deletion of therequirement for approval of the RegionalAdministrator now allows inclusion ofthese regulations in the interim statusregulations. They now appear in § 265.17and are discussed in the Subpart Banalysis of this preamble. The inclusionin the interim status standards of fairlyextensive requirements for the analysisof waste should provide owners andoperators with sufficient information tosafely handle ignitable, reactive,-orincompatible wastes under theseregulations.

6. Landfill Rules. Several commentersfelt that requirements for landfilldiversion structures and cover materialshould be included in the interim statusstandards.

The need for landfill diversion*.structures arises from the potential forprecipitation from outside the activeportion of the facility to run onto theactive portion and becomecontaminated. This contaminated watermay then run off into surface waterscreating a threat to human health and-the environment. A related'probleminvolves precipitation which fallsdirctly on the active portion of afacility. It may also becomecontaminated run-off, and thereby cause-similar problems.

The Agency shares the commenters'concern regarding contaminated surfacewater run-off, and agrees that provisionsfor its control should be included in thefinal interim status regulations.Similarly, these problems also may ariseat land treatment facilities. Accordingly,during the interim status period, thefinal rules require that run-on must bediverted away from the active portionsof a landfill or land treatment facility,

and the run-off from the active portionsof a facility must be collected. Theseprovisions are discussed in'the SubpartN section of this preamble.

Landfill cover material requirementswere not proposed as interim statusstandards because cover requirementscan vary on a site-specific basis, and theproposed requirement was subject to aNote (i.e., variance). The Agency hasdecided not to include a landfill coverrequirement in the final interim statusstandards, except for final 6over duringclosure (see discussion in the Subpart Nsection of this preamble).

7. Waste Analysis. Some commentersfelt that sampling and analysis ofhazardous waste by facility owners oroperators (proposed § 250.43(f), (g), and(h)) should be included as an interimstatus standard.

Waste sampling and analysisprovisions were not specificallyproposed as interim status standards.On the other hand, some level of wasteanalysis was required by the need tomeet other interim status standards suchas the prohibition on'placing wastes intanks or containerb that previously heldan incompatible material. In response tothe numerous comments received onthese prop6sed standards (see theWaste Analysis Background Documentand the Subpart B section of thispreamble), the Agency has modified therequirements for waste sampling andanalysis. The facility owner or operatoris now required to prepare and follow awaste analysis plan that is appropriateto the waste thai is handled and to thetype of facility. In addition to thegeneral waste analysis standardsapplicable to all facilities, wasteanalysis requirements specific to*different type6 of facilities (e.g., landfillsand tanks] are also included in eachtechnical section of the regulations.

The Agency believes that thesesampling and analysis requirements areamenable to all waste managementfacilities, so that *ariances to the wasteanalysis standards are no longernecessary. Furthermore, the Agencybelieves that facility owners oroperators need to know certaininformation about the wastes theyhandle in order to handle them safelyand to comply with the reporting and'technical requirements of the Phase Iregulations. Consequently, both generaland specific waste analysisrequirements have been added to theinterim status standards.

8. Site Selection Standards. Somecommenters felt that the general siteselection standards (proposed § 250.43-1) should be made a part of the interimstatus requirements, because omittingthese standards would be "contrary to

the intent of the law and completelyunacceptable."

Section 3004(4) of the Act specifiesthat regulations must include suchrequirements for the location ofhazardous waste facilities as arenecessary to protect human health andthe environment, and the Agencyproposed location standards in § 250.43-1. The Agency excluded them from theinterim status requirements, however,because there would have been fewoptions, other than closure, for existingfacilities which were already located Inareas restricted by the proposed sitelocation standards. Immediate closure ofsuch facilities during the interim statusperiod might cause a severe shortage ofhazardous waste facilities and couldwell lead to illegal dumping, whichwould only exacerbate the problemsEPA is trying to control. The Agency Isin the process of finalizing its sitelocation standards for promulgation aspart of thePhase II standards. EPAbelieves there may be circumstanceswhere variances or waivers to sitelocation standards will be in the bestinterests of protecting human health andthe environment. Therefore, the Agencyhas continued to exclude site selectionstandards from the interim statusrequirements. EPA believes that suchstandards should be applied on a case-by-case basis during the permitting

- process.

D. Compliance PeriodMany commenters suggested alternat

schedules for compliance with theinterim status requirements. Thesuggested schedules spanned the rangefrom before, at, and up to a year afterthe effective date of the regulations,EPA does not have the authority torequire owners and operators to complywith requirements before the effectivedate of the regulations. Thosecommenters requesting that the effectivedate of the interim status standards bedeferred beyond the six-month periodafter promulgation of the regulationsargued that these six months would beused for analyzing waste and preparingpermit applications, and thus additionaltime would be needed to comply withthe substantive interim statusrequirements, such as those for securityand the development of contingencyplans.

The Agency does not agree with thesearguments. Wastes listed in the Section3001 regulations need not be analyzed tofill out the permit application necessaryfor the owner or operator of a facility toobtain interim status. For nonlistedwastes, it takes a maximum of 24 hoursto perform the test protocols todetermine whether or not a waste

II33162




stream meets one of the hazardouswaste characteristics specified in theSection 3001 regulations. In any event,these tests must be completed within 90days (not six months) in order to complywith the notification requirements ofSection 3010 of RCRA.

The comments on what period EPAshould allow for compliance with theinterim status standards were submittedbefore the permit application regulationsunder Section 3005 of RCRA wereproposed, and therefore, commentersmay have assumed that applying for apermit would be a difficult and time-consuming task. However, the permitrules specify a two-step permitapplication process. A facility owner oroperator may satisfy Section 3005(e) ofRCRA, and thereby qualify for interimstatus (provided Sections 3005(e)1) aid(2) are also-complied with), bysubmitting Part A of the permitapplication within six months afterpromulgation of the Section 3005 (Part122) regulations. The Agency believesthat assembling the information requiredin Part A is neither difficult nor time-consuming. Consequently, the burden ofpreparing Part A of the permitapplication should be substantially lessthan the commenters anticipated. Mostof the substantive information is notrequired until Part B is submitted, justbefore the Agency is ready to review theapplication. For some facilities, this may

- take several years.The final security requirements have

been made more flexible than they werein the proposed rules (see the preamblediscussion on Subpart B). The Agencybelieves that facilities should be able tocomply with these requirements withinthe six-month period following thepromulgation of the regulations. TheAgency also believes thatq facilityowner or operator should be able toprepare a contingency plan and theother plans required by the interimstatus standards within this same timeframe.

For all of the reasons given above, theAgency does not believe that acompliance period longer than sixmonths is justified, except to install newground-water monitoring systems and toconstruct surface water run-off controls.

E. Notes and VariancesMany commenters suggested that the

applicability, during the interim statusperiod, of the "Notes" in the proposedrules should be clarified. Somecommenters felt that the regulationsshould allow facility owners oroperators with interim status to makegood faith judgments of their owncompliance with the applicableregulations, including the provisions of

the attendant "Notes," without specialapproval from the Agency.

In response to numerous commentsconcerning the "Note" system ingeneral, the Agency has incorporated allof the alternative standards and othersubstantive "Notes" directly into thefinal rules (as discussed infra).Consequently, there should be noconfusion as to whether or not certainalternative standards are allowedduring the interim status period. The"Comments" included with theseregulations are not intended to createalternatives to the requirements of theregulations.

The Agency agrees that, to a certaindegree, facility owners or operatorsshould be allowed to make good faithjudgments as to whether or not certainalternative requirements apply to themduring interim status. The final rulestypically specify that a facility owner oroperator may choose to followalternative requirements allowed by avariance, providedhe can demonstratethe facts and rationale supporting thatjudgment when requested to do so bythe Regional Administrator. Thus, a self-implementing system (as requested bythe commenters) applies to variancesduring the interim status period, but thatsystem is subject to oversight by EPA,which can request evidence to supportthe variance at any time. It is likely thatthe Agency will review this evidenceonly in conjunction with making aroutine facility inspection or when theAgency has reason to believe that aviolation has occurred.

In any event, variances will bereviewed by EPA during the permittingprocess, and will be reflected in thepermit conditions if a facility owner oroperator can demonstrate eligibility forthe variance as the regulations require.

F. EquityMany commenters expressed concern

that inequities are likely to develop inpermitting facilities during the interimstatus period. Below are the three majorconcerns raised by the commenters onthis issue.

1. Common Permit Effective Date.EPA estimated in the preamble to theproposed regulations that it could takeup to five years to issue all of thepermits. Several commenters pointedout that EPA or an authorized State mayreview one facility's permit applicationearly in the period and impose acompliance schedule to meet the full setof Section 3004 standards, while asimilar competing facility might besubject only to the interim statusstandards for several years until Itspermit application is reviewed.

To minimize potential inequities,several commenters urged EPA toestablish a definite period during whichonly the interim status standards apply,regardless of when a permit is issued. Inother words, all permits and permitrequirements would become effective atthe same time. The interim status period,according to some commenters, shouldbe sufficiently long to ensure thatessentially all of the permits would beissued. Others specifically suggested afive-year period as is prescribed by theClean Water Act.

Unlike the Clean Water Act, whichmandated a specific date by which allwaste water treatment systems were tobe in compliance with the BPTrequirements, there is no language inRCRA which suggests that EPA should,or could use a similar approach. Further,EPA believes that the suggestedapproach is inconsistent with the clearCongressional mandate in RCRA toprovide safer hazardous wastemanagement practices as quickly aspossible.

2. Case-by-Case Interim StatusStandards. Some commenters suggestedthat interim status requirements shouldbe imposed on existing facilities on acase-by-case basis using the pastoperating experience of these facilitieswith which State environmentalagencies should be familiar. Thecommenters felt that these case-by-caseevaluations would be more equitablethan the "blanket" proposed approach.

The Agency does not agree thatinterim status standards should beapplied on a case-by-case basis. Thisapproach would be a defacto permitprogram. It would require the Agency tocommit substantial resources to thesecase-by-case preliminary analyseswhich would be better spent indeveloping final permits. It is difficult tosee how this approach could beconsidered more equitable than uniformnational standards which apply toeveryone, as proposed. Consequently,the Agency has not adopted a case-by-case approach for the interim statusstandards.

3. No Intention To Obtain Permits.Commenters suggested that manyfacility owners or operators who neverintend to actually obtain a permit willtake advantage of the interim statusperiod by applying for a permit, usingunrealistically low estimates forestablishing closure and post-closurefunds, competing in the market placewith legitimate owners or operators forthe several years it will take to fullyreview permit applications, and thenclose their facilities prior to permitissuance or final denial. Because EPAproposed to issue an identification

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number to each facility owner oroperator who meets the requirements forinterim status under Section 3005(e) ofRCRA, commenters suggested that waysof countering the above problem wouldbe: (a) before issuing an identificationnumber, inspect each facility todetermine the facility owner's oroperator's financial capability and hispotential to comply ultimately with therequirements of RCRA, or (b) issueidentification numbers only to thosefacility owners or operators whopresently hold valid State or FederalNPDES permits to receive and disposeof specific hazardous waste compounds.

The Agency shares the concernexpressed by these commenters, butdisagrees with their suggested solutions.Interim status is achieved automaticallyby a facility owner or operator whocomplies with Section 3005(e) of RCRA.EPA cannot initially withhold interimstatus from facility owners or operators'

=Who. otherwise qualify, based on theAgency's subjective judgments offinancial capability, intent to ultimatelycomply with RCRA's requirements, oron the basis of State or Federal permitsissued under other statutes. If EPAbecomes aware of facilities which arenot meeting the interim statusstandards, the Agency can bring anenforcement action against them underSection 3008 of RCRA, or can movequickly towards final disposition of thefacility's permit application

The Agency has made it clear in theregulations that facility owners oroperators who choose to close theirfacilities while in interim status (beforea permit is issued or denied) must do soin accordance with the full set of closurerequirements and post-closurerequirements (if they apply). Thus, theseowners or operators .will not escape theresponsibilities (and costs) of complyingwith these requirements. Consequently,the potential inequities which thecommenters feared should be greatlyreduced, if not totally eliminated.

IV. General Issues

A. begree of HazardThe proposed Sections 3001 and 3004

regulations did not create aclassification scheme which separatedhazardous wastes into varying degreesof hazard or risk for purposes ofregulation. The proposed Section 3004regulations did, however, take intoaccount certain types of hazardousproperties or.classes of hazard inimposing management requirements. Forinstance, certain managementrequirements were proposed for wasteswith ignitable and reactive propertiesthat were not proposed for other wastes.

A large number of commentersargued, for a variety of reasons, that adegree of hazard system is necessary inorder to effectively implement thehazardous waste control program.Several cominenters suggested thatwastes should be classed into two ormore levels of hazard (i.e., "extremelyhazardous" or "hazardous"), dependingon the intrinsic risk associated with thewaste. Many commenters stated thatbecause the intrinsic hazard presentedby a waste is a function of certainchemical and physical parameters,classification by risk should be based ona quantification of these parameters. Onthe other hand, several commenters feltthat the hazard persented by a waste isa fuinction of its management and,therefore, wastes should be classed intohazard levels according to how they aremanaged. Many commenters suggestedusing a combination of intrinsic hazardand hazard based on management.

In support of these suggestions, anumber of commenters argued that thetwo-part definition of ',hazardouswaste" given in Section 1004(5) of RCRArequires a system for classifying wastesby degree of hazard. They claimed thatone class should consist of those wastesdescribed in the first part of thedefinition, i.e., those wastes which"cause or significantly contribute to anincrease in mortality or an increase inserious irreversible, or incapacitatingreversible, illness" and that the otherclass should consist of those wastesdescribed in the second part of thestatutory definition of hazardous waste,i.e., those wastes which "pose asubstantial present or potential hazardto human health or the environmentwhen improperly treated, stored,transported, or disposed of, or otherwibemanaged."I The suggestions made by thecommenters differed widely in thecomplexity of the suggested hierarchy or.classification system for risks, and inthe relationship of the resulting riskclasses to the waste managementstandards. Many commenters supportedthe concept of a degree of hazardsystem but did not propose a specificapproach for carrying it out.

The degree of hazard proposals werebased primarily on concerns about thepriority of implementation and theeconomic burdens that might beimposed if the same standards wereapplied both to wastes with relativelylow hazard and wastes with higherhazard. Accordingly, commentersgenerally associated one of thefollowin objectives with a degree ofhazard system:

( (1) Phasing of the regulations toaddress first the wastes which present

the greatest risk to human health andthe environment. (This comment wasfrequently coupled with the issue of aperceived national shortfall of facilitycapacity,)

(2) Tailoring of managementstandards to the properties of wastes sothat adequate protection of humanhealth and the environment could beachieved without overregulating somewastes, and thus unnecessarilyincreasing the economic burden of theregulations.

(3) Setting quantity threshold levelsbelow which small quantities of wastescould be exempted from some or all ofthe Subtitle C management requirenientswithout significant impact on humanhealth and the environment.

The Agency believes that the finalregulations, when promulgated in full,will achieve each of these objectives,although without adoption of a degree ofhazard system. EPA has made'thedecision not to adopt a degree of hazardsystem with full realization of theconceptual appeal of such a system andthe recognition that all wastes do notpresent the same level of risk to humanhealth and the environment. The Agencyhas taken this position for two reasons:

(1) The Agency does not believe thatany of the degree of hazard systemssuggested by commenters (or any theAgency could itself conceive) arecapable of actually distinguishingdifferent degrees of hazard among themyriad hazardous wastes and alsoreasonably relating management.standards to these degrees in atechnically and legally defensible way.

(2) The Agency believes that the finalregulations already achieve theobjectives of a degree of hazard systemthus, such a potentially complex andchhllengable s stem is unnecessary.

1. Classification of Waste by Risk.The central element of a degree ofhazard system is a classification ofhazardous wastes according to theirlevel of hazard or risk to human healthand the environment. The Agency isconvinced that all of the degree ofhazard classification schemes suggestedby commenters and otherwiseconsidered by the Agency are extremelyjudgmental and prone to arbitrariness.

Classification of wastes by intrinsichazard would require the Agency tomake determinations such as thefollowing:

(1) Levels of hazard within acharacteristic, i.e., whether one ignitablewaste is more hazardous than anotherignitablewaste;

(2) Levels of hazard within listedwastes, i.e., whether all propertieswhich form the basis for listing (e.g.,

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carcinogenicity, bioaccumulativity)present different degrees of hazard;

(3) Relative hazard of differentcharacteristics, i.e., whether an ignitablewaste is more hazardous than a reactivewaste.

Furthermore, most wastes exhibitmore than one characteristic, i.e., awaste may be ignitable, toxic, andbioaccumulative, so that the difficulty ofthe classification task is compounded.

With the exception of a few wellknown wastes of extremely high hazard,such as dioxin, the Agency generallylacks the information or techniques tomake these distinctions betweenhazardous wastes. While distinctionsbetween some very high hazard wastesand other much lower hazard wastesmay be possible, there is a broad middleground where classification by degree ofhazard would be extremely difficult.This is particularly true when allpotentially hazardous wastes must beconsidered, not just those on whichthere is significant information availableand for which hazard distinctions maybe obvious.

The task of classifying wastes bydegree of hazard is all the more difficultbecause an assesiment of hazard, i.e.,risk to public health, cannot be madebased on intrinsic hazard alone, butmust be based on the likelihood ofexposure as well. Exposure assessmentsdepend on many situation-specificfactors that determine the pathwaysthrough which exposure may occur, e.g.,the hydrogeology, proximity and use ofground water and surface water, etc.Making exposure assessments thepurpose of constructing a multi-leveldegree of hazard system would proveenormously complicated, if notimpossible.

2. Tailoring of ManagementStandards. The second element of adegree of hazard system is to establishdifferent management standards for thedifferent degrees of hazard. While theAgency agrees with commenters that itis desirable for the regulations toprovide for flexibility to achievetailoring of management requirements,EPA does not believe that the bestapproach to tailoring is to pres ribenationally applicable requirementsbased on the degree of hazard of awaste.

Within the universe of hazardouswastes, distinctions in technicalmanagement requirements can best bebased on the actual properties of thewaste, i.e., the type or class of hazard awaste presents, and on local siteconditions, rather than on the level ofhazard of a waste. In the finalregulations the Agency has included anumber of tailored waste management

requirements relating to waste classes,i,e, properties such as ignitabiity,reactivity, compatibility, or liquid state.EPA plans to continue to differentiateamong waste classes in its Phase 11 andPhase III regulations. The Agency foundit far easier to justify differences inregulatory requirements for theseclasses of waste, than to base facilityperformance, design, or operation onintrinsic hazard levels. For example, onecan readily justify a prohibition ofhazardous waste containing free liquidsin landfills because they createhydraulic head, and thus promoteleaching. However, different facilitydesign requirements for dealing with, forexample, an acutely toxic waste versusa less toxic waste are much less clearlydefined. In such cases, differences inintrinsic hazard may be overshadowedby the types of constituents in a waste(i.e., do they migrate rapidly, or are theypersistent), by the amount of waste, orby the site conditions (e.g., type of soil,or distance to ground water).

Distinctions in managementrequirements can also be made based onthe local site conditions andpeculiarities of the waste involved.Factors such as hydrogeology, rainfall,and soil type can be considered on acase-by-case basis as a part of thepermitting process given appropriateflexibility in the regulations. Such acase-by-case consideration of siteconditions and, to some extent, waste-properties, is feasible and desirable, andthe Agency plans to adopt such a systemin its Phase II regulations.

Thus, the Agency has concluded thatit does not have the necessary technicalinformation and criteria to develop atechnically supportable set of nationalstandards which would rank wastes bydegree of hazard; the Agency also hasnot determined that it is feasible orbeneficial to relate managementstandards to an abstractly conceiveddegree of hazard, rather than to thewaste's actual properties and the siteconditions. Furthermore, EPA believesthat its current and intended futureregulations will otherwise accomplishthe objectives of a degree of hazardsystem

3. Response to Degree of HazardObjectives. It is difficult for the Agencyto demonstrate fully how its regulatoryscheme under RCRA responds to all ofthe objectives of a degree of hazardsystem because the regulations arebeing promulgated in two major phases.The first phase includes the definition ofhazardous waste in Part 261 as well as alimited set of management standards inParts 264 and 265. The second phase willinclude the bulk of the technical

management requirements. The Phase Ustandards in particular will effectivelyachieve at least as much flexibility inmanagement standards as would adegree of hazard system.

As discussed above, the commentersgenerally associated one or more ofthree objectives with a degree of hazardsystem: (1) Phasing of the regulations toinclude highest risk wastes in thesystem first; (2) tailoring of managementstandards to particular wastes to avoidover-regulation; and (3) setting quantitythreshold levels below which smallquantities of wastes could reasonablybe exempted from some or all of theSubtitle C requirements. Although stilldeveloping the Phase It regulations, EPAcan describe its basic regulatoryapproach and some specifics of itsinitial response to commenters' requestsfor phasing, tailoring, and thresholdlevels.

The Phase Lregulations accomplishthe objectives of phasing in severalways, although they were not designedspecifically for that purpose. The listingof wastes in Part 261 includes primarilywastes of high intrinsic hazard becausethose are the wastes on whichsignificant health effects informationhas been most readily available. Thelisting process itself is a phasingmechanism which brings additionalwaste under RCRA Subtitle C controlover time. Also, the exclusion levels forsmall quantity generators are setinitially at 1000 kg/mo, but will bephased down to 100 kg/mo over time.There is also an administrativemechanism for phasing duringimplementation to deal with thecapacity issue. Each EPA regional officeand authorized State implementing theregulations will have the flexibility toadminister the permitting andenforcement process in such a way thatthe most severe human health andenvironmental problems are addressedfirst.

The Phase I regulations provide fortailoring of waste managementstandards by providing significantflexibility. In addition, some specificrequirements for certain waste classesof hazard are incorporated.

The Phase I standards under Part 265are minimum requirements which theAgency believes are appropriate for allwastes during the interim status period.Some of these standards areadministrative requirements dealingwith manifests, recordkeeping, andreporting that are minimums foradequate tracking ofall waste. Othergeneral technical requirements, such aswaste analysis, training, andcontingency plans, provide flexibility byrequiring the owner or operator to

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prepare a plan in which he details therequirements for his specific facility.Other more technical requirements suchas ground-water monitoring and'closure,also allow significant flexibility for theowner or operator to include site-specific factors in the requirements forhis facility. For example, the closurestandards require a plan addressingvarious performance factors. Specificsof how to close the facility to meet theseobjectives are left to the owner oroperator, subject to approval by theRegional Administrator. Many otherparts of the technical standards for theinterim status period provide similarflexibility.

The Phase II technical standards willcontinue to provide a basis for tailoringstandards to particular sites."The PhaseII regulations are sometimes referred toin the preamble to these regulations as"best engineering judgment" regulations..The Agency envisions that theseregulations will provide basicperformance requirements and a set ofrelevent technical factors that relate tothose performance standards. Specificpermit requirements will then be based--on the engineering judgment of thepermitting officials, supplemented bytechnical reference manuals. Thissystem will allow maximum flexibilityfor tailoring of the specific permitrequirements based on waste specificand site-specific knowledge. This case-by-case approach is appropriatebecause thepossible combinations oftypes of waste and types of managementscenarios throughout the Nation arealmost limitless.

Finally, the Agency has establishedthresholds for exemption of wastes fromsmall quantity generators through thecombination of a general exclusion, andpecific exclusions, based on

considerations of hazard. Although notbased on a comprehensive degree ofhazard system, the exclusion level forsome wastes has been set at very lowlevels based on case-by-case hazarddeterminations.

In summary, the Agency believes thatthe final regulations accomplish theobjectives of a degree of hazard'system,while avoiding the enormous problemsthat would be associated withdevelopment and implementation ofsuch a system.

B. Volatile WasteBecause most hazardous waste ciin

volatilize into the air to some degre6,EPA is concerned about the treatment,storage, or disposal of hazardous wastewhich could result in the emission oftoxic compounds into the air.

In the proposed regulations, volatilewaste was defined as any hazardous

waste mixture with a true vaporpressure greater than 78 mm Hg at 250 C.Using this definition, the proposedregulations contained a number ofprohibitions and limitations on themanagement of volatile waste in varioustypes of facilities.

A number of people commented onthe impracticality of the limitations andprohibitions on volatile waste, and felt itwas inappropriate to use the OSHApermissible exposure levels for airbornecontaminants as d mechanism forallowing variances to the prohibitions(i.e., under the proposed regulations, ifan owner or operator could show thathis facility could manage volatile wastesso that the OSHA levels for pollutants inthe air were not exceeded, then he wasallowed to do so).

Although no comments directly.addressed the proposed definition ofvolatile hazardous wastes, EPA becameconcerned about a number of technicaldifficulties associated with definingvolatile Waste solely in terms of thewaste's vapor pressure. First, vaporpressure is only one of the severalfactors which influence thevolatilization rate of hazardous waste.Other factors (such as solubility,temperature, molecular weight of thewaste, and surface area of a landfill orimpoundment) can lead to radicallydifferent volatilization rates forcompounds with similar vaporpressures. Second, if the vapor pressureof ii hazardous waste mixture were usedto determine whether it is a volatilewasteland thus, subject to morestringent standards than non-volatilewaste), owners or operators mightdispose of toxic compounds with highpure vapor pressures by mixing themwith compounds with low vaporpressures. Third, EPA is concerned that,there is not enough information aboutthe inhalation toxicity of individualcompounds in waste to substantiate anestimate of a safe volatilization rate.

Since the regulations were proposed,the Agency has examined severalalternatives for defining and controllingvolatile waste. These included attempts'to develop a new definition, and a newvariance provision. However, becausethese attempts thus far have not beensuccessful, the Agency is not definingvolatile waste as a waste class at thistime.

The primary or secondary purpose ofsome of the interim status standards,however, is to reduce airborneemissions that result from volatilization.For example, the final coverrequirements for landfills, and therequirement that waste storage drumsbe kept closed, will reduce volatileemissions from these devices.

Nonetheless, EPA Is concerned thatthere may be little control ofvolatilization for surface impoundments,open tanks, and land treatment facilitiesin the Phase I rules.

Thii is clearly an area in which thereis a great need for additionalinformation regarding how to properlydefine volatile waste, how to relate thequantity of volatile waste being landdisposed to the toxicity of volatilecompounds, and how to arrive atappropriate control measures tominimize emission of these compoundsto the air. The Agency is committed-tosolving this problem and will continueits investigations..

The Agency solicits comment anddata on this matter. As informationbecomes available, the Phase II andPhase iMl regulations will containadditional provisions to control volatilewastes and the interim status standardsmay be revised where appropriate.

C. Performance Versus Design andOperation Standards

In the proposed standards, the Agencyrelied primarily on facility design andoperation standards in an effort toprovide specific requirements whichcould be easily understood andinterpreted by permit applicants andpermit writers alike, and which could beeasily enforced. Recognizing that thesespecific standards might discourage thedevelopment of new technology, or thatdifferent design and operationrequirements might be necessary forparticularly facilities in'certain lodatlonshandling certain types of waste, theAgency attempted to incorporateflexibility into the regulations bysupplementing some standards with"Notes." Each "Note" described thecircumstances under which the RegionalAdministrator would allow deviationfrom the specific standard to which the"Note" applied. No deviations wereallowed for those proposed standardsnot accompanied by "Notes."

In addition to the design andoperation standards, the proposedregulations contained overridingperformance standards (i.e., humanhealth and environmental standards) forprotecting ground water, surface water,and air quality. These were veryelementary ambient performancestandards which were to be used inunusual waste management situationswhere the design and operationstandards were insufficient to protecthuman health and, the environment.

Several commenters pointed outsignificant drawbacks to using theproposed human health andenvironmental standards as fail-safemechanisms for regulating hazardous

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waste management. In response to thesecomments, the Agency has deleted thehumdn health and environmentalstandards from the Section 3004regulations.

EPA's strategy in the proposed rulesof relying primarily on design andoperation standards was also criticizedby many commenters. Most of theircomments focused on four concernsregarding regulations based on designand operation standards: (1] design andoperation standards discourageinnovative technology, (2) design andoperation standards eliminate flexibilityfor permit officials to allow for localsituations, (3] some existing facilitiesmay be unable to comply with thedesign and operation standards and yetmay be environmentally acceptable, and(4) RCRA does not authorize theestablishment of design and operationstandards.

The Agency rejects this fourth point.Section 3004 of RCRA states that- "TheAdministrator shall promulgateregulations establishing suchperformance standards applicable toowners and operators of facilities for thetreatment, storage, or disposal ofhazardous waste identified or listedunder this subtitle, as may be necessaryto protect human health and theenvironment." However, it also statesthat: "Such standards shall include, butneed not be limited to, requirementsrespecting.

(1) Treatment, storage, or disposal ofall such wastes received by the facilitypursuant to such operating methods,techniques, and practices as may besatisfactory to the Administrator;, and

(2) The location, design, andconstruction of such hazardous wastetreatment, storage, or disposalfacilities;" (emphasis added).

Thus Section 3004 of RCRA authorizesboth performance standards andspecific design and operation standards.

Nonetheless, the Agency believes thatsome of the arguments for greaterflexibility raised in the first three pointshave merit, and the Agency hasevaluated several approaches torespond to these commenter's concerns.

One approach which the Agencyconsidered was to accommodate therequests for greater flexibility throughspecific changes in the regulations.These changes include establishing aclass of hazard system, and expandingand clarifying the variances. Thesetopics are discussed elsewhere in thispreamble. These changes are desirable,and they have been incoiporated to alimited extent in the interim statusstandards. They will be more evident inthe technical regulations yet to be issuedunder Phases II and III. However, these

changes do not fully and directlyaddress the commenters criticism of theproposed rules, because -hey do notreally shift the emphasis from designand operation standards.

A second approach which the agencyhas used to a very limited extent inthese rules and is considering for thePhase II rules is to expand the use of"operation performance standards,"which, for example, could place limitson emissions or specify results. Suchstandards are advantageous becausethey provide more flexibility than designand operation standards. Operationperformance standards were alreadyimplicit in many of the proposed designand operation regulations. The Agencyplans to make them more explicit in thePhase II rules.

The Agency believes that usingoperation performance standards, inconjunction with the other changes inthe regulations mentioned above, shouldprovide a much more flexible approachfor designing and operating facilitiesthan was possible under the proposedrules, while avoiding the manydisadvantages of ambient performancestandards. Using operation performancestandards also directly responds to themajority of comments on this issue. Itshould be noted, however, that theAgency has retained explicit facilitydesign and operation standards wheretheir use is appropriate such as in theemergency preparedness and responseregulations.

D. Notes, Variances, and EquivalencyAs was mentioned in the discussion

above, the Agency attempted toincorporated flexibility into some of theproposed design and operationstandards by allowing variances fromthe standards. These variances werespecified in "Notes" which accompaniedmany of the standards. In most cases,these "Notes" required that, in order todeviate from the prescribed standard,the applicant had to show that themodification to the standard wouldprovide an equivalent degree ofprotection or performance as theprescribed standard. In reviewing thecomments requesting more flexibility inthe regulations, it became clear thatmany commenters had simply ignoredthe "Notes." This was obvious from themany specific complaints about theimpracticality of certain standardsunder certain conditions withoutreference to the attendant "Notes,"which were designed to provide theflexibility to deal with such conditions.

Other commenters felt that thepermitting official would be reluctant touse the "Notes," because to do so wouldrequire him to decide whether the

substitute design or operationmodification would provide equivalentperformance. The commenters believedthat permit writers would not want tomake these types of decisions because itwould place their technical andprofessional reputations on the line.Specific suggestions made bycommenters to rectify this problem, andto incorporate additional flexibility intothe regulations, included.

(1) Incorporate the "Notes" into theregulations to make the varianceprocedure an integral part of thepermitting process;

(2] Provide variance procedures formore standards than those included inthe proposed rules;

(3) Provide a general varianceprocedure which would apply to allstandards; and

(4) Provide guidance on what is meantby "equivalept performance."

As mentipned earlier, the Agencyagrees wiW suggestions (1) and (2), andhas incorporated them into the Phase Iregulations, and also will do so in thePhase II and M regulations.

EPA does not agree that variances toall standards should be allowed. Forexample, every facility needs icontingency plan. Furthermore, for mostvariances to be implemented with amaximum degree of specificity, theymust be tailored to the individualstandard. For these reasons, the Agencyhas chosen not to develop one generalvariance procedure to apply to allregulations.

The Agency has attempted to lessenthe need for demonstrating "equivalentperformance" by making the varianceprocedures more specific. By so doing, ina few cases, there may be somedecreased latitude in the degree ofpermissible variation from the standardthan was the case when variances werekeyed to demonstration of "equivalentperformance." The Agency believes,however, that the reduced potential forconfusion and disagreement betweenthe Agency and the regulatedcommunity associated with this changeoutweighs this slight loss in flexibility.

During the interim status period,allowable variances to Part 265standards are self-implemented by thefacility owner or operator, subject toEPA oversight (see discussion under"Interim Status Standards"]. The Part264 Phase I standards contain somevariance provisions and the Agencyexpects that the Part 264 Phase IItechnical standards will also containvariances where appropriate. TheAgency intends that permit writersmake full use of the flexibility availablethrough these variances to Part 264standards, where allowable and

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appropriate, because this is the essenceof the best engineering judgmentapproach discussed earlier.

Data on the applicability of manyvariances, among other things, will beincluded in the Part 264 Phase IIReference Manuals (discussed later inthis preamble) which will be availableto permit writers and the public.

E. Commercial Products StandardsSeveral types of materials (process

wastes, residues, etc.) which may beclassified as hazardous wastes are beingused to make commercial products, e.g.,fuel oil, building blocks, and soilconditioners. Aside from a fewradioactive special wastes, nohazardous waste'standards wereproposed to cover these products.

The Agency, however, addressed theissue of commercial products in thepreamble to the proposed regulationsand EPA indicated that it wasconsidering developing standards for re-use of hazardous waste. One suggestedapproach would require a product madefrom hazardous waste not to pose athreat to human-health or theenvironment greater than the threatposed by the virgin product it replaces.The Agency requested commenters toindicate other feasible regulatoryapproaches and to'provide data whichcould be used to support commercialproduct standards.

Comment response to EPA regulationof commercial prdducts was almostentirely negative. Several commentersquestioned EPA's authority-to Ipromulgate such standards under RCRAand suggested that product regulation ismore properly the purview of theConsumer Product Safety Commissionand the Toxic Substances Control Act.Others pointed out that the Agencyshould encourage recovery, recycling,and re-use but that regulationdiscourages such activities.

EPA believes it has the authorityunder RCRA to regulate themanagement of materials which can beclassifiea as hazardous wastes evenwhen that management involves the re-use of the waste as a product. (Thereader is referred to the preambleaccompanying the promulgation of thePart 261 regulations of this Chapter for adiscussion of the circumstances underwhich recycled materials may beclassified as hazardous wastes.) Also,the focus of the Consumer ProductSafety Commission is not on wastes andproducts made from them. EPA believesthat waste-related matters should, inmost cases, be dealt with under RCRA,although EPA also may choose topromulgate some standards dealing with

the re-use of wastes under the ToxicSubstances Control Act.

On the other hand, EPA sees severalproblems with setting genericrequirements for the processing for re-use, and re-use of hazardous wastes.First, it is difficult to determinegenerically how hazardous wastes canbe appropriately re-used or processedfor re-use. The Agency recognizes thatthe approach in the preamble to theproposed regulations, which would haverequired all products made fromhazardous waste to be at least-as safeas virgin products, is flawed and is notadopting it at present.

TheAgency agrees with thesubstantial body of comment whichurged the Agency not to place thehazardous waste stigma on recoveredproducts without very good cause.Recovery or re-use is generally amongthe best of all possible ways to minimizethe hazardous waste problem-itremoves the need for disposal whileconserving resources and energy andeliminating the wastes associated withmaking virginproducts. Regulating theprocessing or re-use of hazardouswastes into products could decreaseacceptance of these products in themarketplace.

The Agency has concluded that thebest approach is case-by-case regulationof specific processing or re-uses ofhazardous waste where the potentialhazards of uncontrolled processing andre-use are clear. Certain of theserequirements may be included in thePhase II standards.

F. Storage of Recycled Waste

In the Phase I regulations under RCRA'Section 3004, the Agency has decided toregulate storage of hazardous wastewhich is listed in Subpart-D of Part 261prior to its use, re-use, recycling,reclamation, or treatment for thesepurposes. Several damage cases point tothe need for a storage regulation forsuch wastes at this time. The Agencymay include additional requirements inthe Phase II or Phase I standards. Onand after the effective date of thesePhase I regulations, storage of suchwastes in containers, tanks, piles, orsurface impoundments, until it is used,re-used, recycled, reclaimed, or treatedfor these purposes is subject to controlunder these regulations. Theserequirements apply both to on-site andoff-site facilities. Facility owners oroperators who store such waste prior toits use, re-use, recycling, reclamation, ortreatment for these purposes mustcomply with the RCRA Section 3010notification ard Section 3005 permitapplication requirements (see 40 CFR

Part 122) in order to qualify for interimstatus.

G. General Standards for StorageThe proposed § 250.44 storage

standards required that storage beconducted so that no discharge ofhazardous waste occurred. Becausemost wastes have some vapor pressure,the proposed rules specified that allhazardous waste must be stored incovered tanks or containers. Manycommenters claimed that this "nodistcharge" performance standard for allstorage was technically infeasible andinconsistent with the concept of

'controlled air emissions under the CleanAir Act and controlled discharges underthe Clean Water Act. They also felt thatthe requirement to store waste only Intanks and containers was undulyburdensome; they claimed that (1) It isunnecessary to store low-volatilitywastes in covered storage d~vices, and(2) it is impractical to store bulk-solid orsemi-solid materials in enclosed tanksor containers. For these reasons, thecommenters recommended that storagebe allowed in devices other than storagetanks and containers, e.g., basins,surface impoundments, and piles.

EPA developed the proposed "no-discharge" standard based on Itsinterpretation of the RCRA definition of"storage," which means".. . containment ... . in such a"manner as not to constitutedisposal ...... RCRA defines"disposal" as: .

The discharge, deposit, injection, dumping,spilling, leaking, or placing of any solid wasteor hazardous wastd into or on any land orwater so that such solid waste or hazardouswaste or any constituent thereof may enterthe environment or be emitted into the air ordischarged into any waters, Including groundwaters.

EPA interpreted this statutorylanguage as requiring "no discharge"(emission) from any hazardous wastestorage facility.

Although some commentersconsidered this a proper interpretationof the Act, others took strong exceptionto it as noted above. Commenters alsocontended that the standard wasinconsistent with the approach ofSection 3004 of RCRA which in theirview is to minimize adverse effects. Thestandards for storage, they argued,should recognize that there areenvironmentally responsible ways otherthan no discharge to store hazardouswastes, and should approach theproblem by minimizing the potential fordischarges, or requiring only that nosignificant discharges occur. On anarrower level, commenters argued thatunder the definition of disposal, air

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emissions from materials that have notbeen discharged onto land or water arenot "disposal"; thus, RCRA does notmandate the prohibition of air emissionsfrom tanks or containers.

.These comments suggest perhaps amore basic issue concerning storage.While RCRA defines storage ascontainment in such a manner as not toconstitute disposal, it does permitdisposal under appropriate conditions.Thus, it seems anomalous in the Section3004 regulations to require an absoluteprohibition of emissions when handlingof wastes is called "storage," whilepermitting some level of emissions inother facilities performing "disposal."Surface impoundments, indeed, appearto fall somewhere between a clearexample of storage, such as a sealedcontainer, and a clear example ofdisposal, such as a landfill. An unlinedimpoundment, for example, may be usedto accumulate hazardous wastes for anumber of years, and over that time atleast some of the waste will almostcertainly migrate into the soil under theimpoundment. Yet, if at the end of its lifethe residue and contaminated soil areremoved, the impoundment might berendered non-hazardous, and certainlypresents a different picture from alandfill. This situation suggests that theproper focus for regulation of storagefacilities is on whether the wastes willeventually be removed from the facility.This approach to storage, under interimstatus, is reflected primarily inappropriate standards for closure andfinancial responsibility (i.e., the costestimate for closure).

The Agency believes that RCRApermits this approach. The definition ofstorage in RCRA refers to"containment .. . either on atemporary basis or for a period ofyears," which is a central factor in thecurrent regulatory definition. RCRAapparently would permit the Agency toregulate treatment, storage, and disposalwithout anywhere prescribing differentstandards or approaches for facilitiesfalling into different statutorycategories; indeed, the statute typically,as in Section 3004, mentions "treatment,storage, and disposal" in a singlephrase, indicating that the samestatutory provisions apply to all three.This is to be compared with RCRA'smuch different treatment of generators,and of transporters. This is not to say, ofcourse, that the Agency cannot orshould not prescribe quite differentstandards for facilities that are storagefacilities (under some regulatorydefinition) than for disposal facilities,but simply to say that RCRA permits theAgency to use that concept of storage

which seems most appropriate forregulatory purposes.

With these considerations in mind,and recognizing the impracticality ofcompletely eliminating emissions frommost types of facilities, the Agency hasredefined "storage" to mean "theholding of hazardous waste for atemporary period, at the end of whichthe hazardous waste is treated, disposedof, or stored elsewhere."

A few commenters suggested that theAgency consider adding a standardwhich would limit the time or quantity(or both) of wastd that can be stored ata hazardous waste facility. Any suchstandard would best be based on thetype of waste to be stored, the designand construction of the containmentdevice used to store the material, andthe climatic conditions under which thestorage is to take place. At present, theAgency lacks sufficient data to developsuch standards, and a detailedconsideration of such information canfor now best be made in permittingproceedings. However, the Agencyexpects to examine further appropriatelimitations for storage, and may proposeregulations in the future.

In addition, the closure and financialresponsibility requirements will setlimits indirectly on the quantity ofhazardous waste in storage. The PhaseII financial standards are expected torequire that adequate funds be placed inthe closure trust (or other acceptablemechanism) to close the facility at anygiven time, considering the amount ofwaste on hand. The amount of thesefunds will create a definite upper limiton the amount of waste in storage at anytime, and will create financial incentivesfor owners andoperators to minimizethis amount.

H. Owner or OperatorIn a majority of cases, the owner and

operator of a hazardous wastetreatment, storage, or disposal facilityare the same person or corporation.However, it is not uncommon for anoperator to lease the land and perhapsstructures from a landowner. In a few

-cases, the owner of the land, the ownerof the structures, and the operator mayall three be different persons orcompanies.

In the proposed regulations, theAgency used the term "owner/operator"when referring to any or all of theseparties, and defined the term to mean"the person who owns the land onwhich a facility is located and/or theperson who is responsible for the overalloperation of the facility." Commenterscomplained that the definition wasvague and ambiguous and that it wasnot clear who (the owner or operator)

was responsible or liable for what. Afew commenters also pointed out thatfor a few of the requirements, only theowner can legally comply-a case inpoint being the requirement to record anote on the deed in proposed § 250.43-7(b).

The Agency's first priority is toprotect human health and theenvironment. Thus, where there hasbeen a default on any of the regulatoryprovisions, the Agency will attempt togain compliance as quickly as possible.In so doing, the Agency may bringenforcement action against either theowner or operator or both. EPAconsiders the owner (or owners) andoperator of a facility jointly andseverally responsible to the Agency forcarrying out the requirements of theseregulations.

One reason for this joint responsibilityis that, as the commenters pointed out,there is at least one provision of theSection 3004 regulations that only theowner can comply with-that is therequirement to record a notation on thedeed to property where hazardouswaste remains after closure. Second, ifthe owner is not bound by theregulations, EPA could have a very hardtime'trying to implement and enforce theclosure and financial responsibilityprovisions of the regulations. Third, thelegislative history of RCRA indicatesthat responsibility for complying withthe regulations pertaining to hazardouswaste facilities should rest equally withowners and operators where the owneris not the operator (H.R. Rep. No. 94-1491,94th Cong., 2d Sess. 28 (1976]).

With most of the regulations, theAgency is primarily concerned withcompliance, and is secondarilyconcerned with who ensurescompliance. The Agency believes thatdecisions concerning who should beresponsible for ensuring compliance forwhich requirements can properly andadequately be a matter between theowner and operator. Nonetheless, boththe owner and operator ultimatelyremain responsible, regardless of anyarrangement between them.

Some facility owners have historicallybeen absentees, knowing and'perhapscaring little about the operation of thefacility on their property. The Agencybelieves that Congress intended that thisshould change and that they shouldknow and understand that they areassuming joint responsibility forcompliance with these regulations whenthey lease their land to a hazardouswaste facility. Therefore. to ensure theirknowledge, the Agency will requireowners to co-sign the permit applicationand any final permit for the facility. Part122 of the consolidated permit

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regulations has been changed to reflectthis.

The Agency agrees with thosecommenters who pointed out that in afew cases only the owner can legallycomply with a requirement. Where thisis so, the Agency has specified the"owner" in these final regulations. EPAhas also changed its usage of the term"owner/operator" to "owner or.operator" to indicate when EPA will besatisfied by compliance by either party(but also to indicate that the Agencymay enforce against either or both).

I. Inactive Facilities

RCRA is written in the present tenseand its regulatory scheme is prospective.Therefore, the Agency believesCongressional intent to be that thehazardous waste regulatory programunder Subtitle C of RCRA is to controlprimarily hazardous waste managementactivities which take place after theeffective date of these regulations. Thus,the proposed Subtitle C regulations didnot by their terms apply to inactive(either closed or abandoned) disposalfacilities.

Comments received on the subjectpointed out the need to protect thepublic from inactive and abandoneddisposal sites, stressing that becausethese facilities are normally very poorlydesigned and situated, they represent amore severe hazard than new facilities.Love Canal and other disasters werecited to support this argument.

The Agency agrees that inactive andabandoned hazardous waste sites(particularly dumps, landfills, andlagoons) maypose serious hazards tohuman health and the environment.RCRA already provides one tool whichcan be used to deal with the problem ofinactive and abandoned sites-theimminent hazard provision of Section7003. This provision-which is Iapplicable to both inactive and activesites-can be used to obtain injunctiverelief from any party who can be shownto be causing or contributing to ". .anImminent and substantial endangermentto health or the environment. .. ."

The Agency is actively using Section7003 and other applicable laws to force.responsible parties to bear the costs ofcleaning up sites posing a hazard. Theseauthorities will remain in place andcontinue to be actively employed evenafter the effective date of the Subtitle Cregulations.

To provide site cleanup in thosesituations where the responsible partiesare unknown or lack the funds to do thejob, the Administration has proposed"Superfund" legislation currentlypending in Congress. -.

While RCRA's regulatory scheme isgenerally prospective, certain inactivefacilities, or portions of inactivefacilities, because of their relationship tofacilities which continue to operate, maybe subject to some RCRA Subtitle Cregulatory controls. Some existinglandfills or other facilities are expectedto close if they do not or cannot meetthe Subtitle C standards. The owners oroperators may then design a facilitywhich meets the standards and applyfor a permit to locate it on landimmediately adjacent to the inactiveportion. This is not an improper action,but, in some cases; problems associatedwith the inactive site (leachate,

- emissions, etc.) may interfere with theability of the owner or operator to

-adequately monitor the "new" facility.In these cases, the RegionalAdministrator may require that theowner or operator of the new facilityensure that certain actions are taken onthe inactive site, in order to minimize oreliminate any interference withmonitoring or enforcement activities atthe "new" facility.

.New Facilities and Existing FacilitiesIn some regulatory programs regulated

operations are subject to differentrequirements, depending on how old theoperation is when the regulatoryprogram-begins. Often, existing ,

-operations are exempted or are subjectto less stringent regulations than newoperations.

The original language of RCRA didnot distinguish between new andexisting facilities. Consequently, EPAmade the proposed Section 3004regulations applicable to both new andexisting facilities. The Agencyrecognized, however, that some existingfacilities would have difficultycomplying with some of the regulations.The Agency envisioned that the "Note"(variance) procedure, as well as the useof compliance schedules wouldaccommodate the possible difficultiesassociated with retrofitting existingfacilities.

The Agency received numerouscomments on this general issue. Themost frequent comment on the subjectconcerned RCRA coverage of NPDESpermitted wastewater treatmentimpoundments. Nearly all commenterswere opposed to having RCRA coverthese impoundments, citing theimpracticality of retrofitting existinglagoons to meet the proposed standards.Specific comments addressed:

(a) The tremendous cost associatedwith lining existing impoundments or -

building new ones,(b) The costs of transporting wastes to

off-site facilities from manufacturing

operations which may be located inareas which are unsatisfactory for wastemanagement,

(c) The likelihood that manymanufacturing plants would have toclose while the impoundment was beingretrofitted, and

(d) The possibility that some existingfacilities may not be polluting now andmay never in the future pollute theenvironment, even though they do notmeet all of the proposed RCRA surfaceimpoundment standards.

After substantial additional study,EPA has concluded that the proposedsurface impoundment regulations can bechanged to answer many of thecommenters' concerns about theirapplication to existing wastewatertreatment impoundments. The Agency,in keeping with its general guideline ofnot imposing major capital expenditureson existing facilities during interimstatus will not require extensiveretrofitting of existing surfaceimpoundments in the interim statusstandards. Furthermore, it is anticipatedthat the general regulations yet to bepromulgated in Phases II and III willalso not require retrofitting of thesefacilities, if the owner or operator candemonstrate that the impoundment Isnot contributing statistically significantquantities of contaminants to groundwafer. The Phase I regulations require aground-water monitoring program Inorder to determine whether animpoundment is polluting. Regulationsyet to be issued in Phases II and III ofthis regulatory program will set forthadditional technical requirements forimpoundments. Most of theserequirements probably will not apply to.existing impoundments found not to beaffecting ground water,

The Agency believes that thisregulatory approach will (1)substantially reduce the number ofexisting NPDES facilities which mightotherwise had to have been retrofitted,closed, or replaced in order to complywith the proposed Subtitle C rules, and(2) ensure that human health and theenvironment is protected, Further, thisapproach is consistent with pendingCongressional amendments to RCRA.

Some commenters suggested that allexisting facilities, and particularlyexisting landfills, should be regulateddifferently than new facilities. Aftercareful consideration, the Agency hasconcluded, for the following reasons,that landfills do not pose the specialproblems or deserve the sameconsideration as "existing" facilitiesthat surface impoundments do:

(1) Sections of landfills are typicallyfilled in sequentially; i.e., one trench orpart (cell) of the total landfill area is

II III II II33170




filled and then another part is filled.This activity may or may not be done indiscrete increments, but it is almostalways done in progression movingaway from a starting point. Thus,owners or operators can close existingportions of most landfills at virtuallyany time without retrofitting the facilityand can design the unclosed portion inaccordance with the RCRA standards.This option is not available toimpoundment owners or operatorsbecause the entire base of theimpoundment is normally covered withwastes from the beginning of operations.

(2) Impoundments are usuallytemporary structures; i.e., wasted arenormally removed from such facilitieswhen they are closed. By contrast.landfills normally constitute permanentdisposal; i.e., wastes remain in landfillsessentially forever.

(3) Landfills are not normallyintegrally connected to manufacturingoperations. Therefore, any necessaryretrofitting which requires divertingsolid waste to storage or other facilitieswould not be likely to cause themanufacturing operation to shut downduring the retrofit period. This is not thecase with surface impoundments, whichtypically are integral components ofmanufacturing operations.

Similarly, except for some minorchanges, the Agency could find no goodreason for making major distinctionsbetween new and existing incinerators,storage facilities, and other kinds offacilities in these Phase I regulations.

Commenters also pointed to theimpracticality of the siting standards,which would have required closure ofall existing facilities which were notlocated imn areas which met the proposedsiting requirements. No locationstandards are included in the Phase Iregulations (see preamble discussion on"interim Status Standards"). EPA isconsidering what relief consonant withRCRA's human health and*environmental protection mandate mightbe granted to existing facilities unable tocomply with the location standards.EPA expects to address theseconsiderations in the Phase II standards.

K. References to Other Acts,Regulations, and Standards

In the proposed regulations, manyreferences were made to legislation andregulations other than RCRA to alertowners and operators that these lawsand regulations might apply to theirfacilities. These included references toproposed and final Federal regulations,State standards, industry standards, andExecutive Orders.

Mariy comments were receivedconcerning this practice. These

comments challenged the legality andthe appropriateness of referencing orincorporating standards from otherregulations. Several commenters statedthat, by citing requirements from otherlegislation or regulations in RCRAregulations, EPA would be includingprovisions that are subject to change bythe authority responsible for thereferenced regulation, without regard forrequired public participation under theAdministrative Procedure Act (5 U.S.C.§ 533). Other commenters discussed thepotential for duplicate civil or criminalpenalties which would result form EPAreferences to other acts in the Section3004 standards. Commenters stated thatCongressional intent was not to make aviolation under one set of regulations aviolation under another. For example, inthe view of commenters, a NationalPollution Discharge Elimination System(NPDES) permit violation should notautomatically be a RCRA permitviolation.

The Agency agrees with certain ofthese arguments and has deletedreferences to other acts, regulations orlaws which would constitute anunwarranted imposition of duplicateliability. However, EPA always mayadopt language identical or similar tothat of another statute, regulation, orcode of practice, if, in EPA's judgment.the standard is pertinent andindependently supportable under RCRA.For example, the requirement for set-back distances for tanks containingignitable waste is adopted directly fromthe National Fire Protection Association(NFPA) "Flammable CombustibleCode-1977" for storage tanks; It isindependently supportable for RCRApurposes, and is now effectiveregardless of changes made by NFPA.

L. Integration With OtherActs

1. Underground Injection ControlProgram. The final RCRA interim statusstandards regulate the undergroundinjection of hazardous waste until theseactivities receive a permit under a StateUIC program approved or promulgatedunder the Safe Drinking Water Act(SDWA). Thereafter, they will receive apermit by rule under RCRA. However,underground injection facilities typicallyhave above-ground treatment andstorage operations which are and willremain subject to RCRA controls ashazardous waste management facilities.Thus, most of these facilities willultimately require both RCRA and UICpermits. To facilitate the granting ofthese permits, EPA has consolidated thepermit and State program authorizationprocedures for the two programs. Theseconsolidated procedures will allow EPA.or a State, if it has an approved

program, to process RCRA and UICpermits together, thereby avoidingoverlap and inconsistencies. (See thepreamble discussion on Subpart A andon Subpart R-Underground Injectionfor more details on the integration ofRCRA and SDWA.)

2. Ocean Disposal Program. Thedisposal of hazardous waste in theocean is regulated uder the authority ofthe Marine Protection, Research, andSanctuaries Act. EPA has. therefore, inPart 122 of the consolidated permitregulations, granted these facilities apermit by rule to avoid duplicativeregulation. However, most oceandisposal operations involve on-shorefacilities which may store or treathazardous waste prior to oceandisposal. These storage and treatmentfacilities are subject to these Section3004 regulations and will require aRCRA permit Therefore, it will benecessary to coordinate the two EPAregulatory programs which havejurisdiction in this area. In addition,where wastes subject to RCRA controlare delivered directly to a barge or othervessel which conducts ocean disposaloperations, such vessels will have tocomply with certain requirements ofRCRA. This is necessary to complete themanifest system. Thus, the owners ofsuch vessels must notify the Agency inaccordance with Section 3010 of RCRAand comply with the manifestrequirements. The permit by ruleprovisions of Part 122 make theseobligations clear.

3. NPDES Permitted Facilities.Commenters raised three major issueswith regard to the coverage of NPDESpermitted facilities and their wastesunder RCRA. These are discussed inturn below. One, commentersquestioned the exclusion of POTWsfrom regulation under Section 3004.Proposed § 250.40(c)(3] required thatPOTWs that received hazardous wasteby truck or rail comply only with themanifest system; other POTWs were notsubject to Subtitle C at all becausemixed industrial and domestic sewagewaste streams were considered"domestic sewage." and thus not "solidwaste." Two, commenters questionedthe inclusion, as facilities subject toSection 3004 regulations, of industrialwastewater treatment train facilitieswith discharges permitted under Section402 of the Clean Water Act; and three,commenters questioned the exclusion ofsewage sludge from regulation as ahazardous waste, as proposed in§ 250.10d)(2)(iii]. The Section 3001preamble analyzes and responds tothese comments in some detail becauseall three issues depend on whether

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k certain materials are "solid waste" and,"thus, if hazardous, subject to regulation

under Subtitle C of RCRA.a. Regulation of POTWs as Section

3004 Facilities. To summarize, domesticsewage, which is excluded from thestatutory definition of solid waste inSection 1004(27) of RCRA, is defined in§ 261.4 of the Section 3001 Tegulations as"untreated sanitary wastes that passthrough a sewer system." In addition,any mixture of domestic sewage andother wastes that pass through a sewersystem to a POTW for treatment areexcluded from the regulatory definitionof solid waste. That regulatory exclusionis based on the legislative history of theSolid Waste Disposal Act. EPA believesthat such mixed waste streams properlyshould be subject to controls under the-Clean Water-Act's construction grantsprogram and pretreatment programs.Because the treatment of sewage byprivately owned treatment works is notsimilarly controlled by EPA, there is noexclusion in the Section 3001 regulationsfor mixed waste streams going to suchfacilities. On the other hand, publiclyowned or privately owned wastewatertreatment works that receive hazardouswaste by truck, rail or pipe aretreatment or storage facilities subject toSection 3004 regulations, although is thePurpose, .cope and Applicability(Subpart A) discussion in this preamblepoints out, the same expressions ofCongressional intent that led EPA totreat mixed waste streams passingthrough sewer systems to POTWs -differently than those flowing to privatetreatment works also have led theAgency to treat POTWs and privatetreatment works differently underSection 3004 and 3005 regulations.

b. Regulation of NPDES TreatmentTrain Facilities Under Section 3004. Thesecond issue raised by commenters wasthat the exclusion of "solid or dissolvedmaterials in... industrial dischargeswhich tre point sources subject topermits under Section 402 of the FederalWater Pollution Control Act" from thedefinition of "solid waste" in Section1004(27) of RCRA, excluded facilitiesthat are part of treatment trains leadingto such discharges from Subtitle Ccoverage, EPA disagrees and construesthe exclusion for point sources to applyonly to actual discharges into navigablewaters, not to industrial wastewatersupstream from the point of discharge.The result of EPA's interpretation isthat, as proposed, surfaceimpoundments, tanks, lagoons, holdingponds and other facilities used to treat,store, or dispose-of hazardous industrialwastewaters must meet applicableSection 3004 standards and must obtain

a Section 3005 permit. The standards towhich existing surface impoundmentswill be subject are discussed in thesection of this preamble entitled "Newand Existing Facilities" and the sectionon surface impoundments (Subpart K).

c. Regulation of Sewage Sludge UnderSubtitle-C. EPA agrees with thecommenters who argued that sewagesludge from POTWs should not becategorically exempted from regulationas a hazardous waste. Those sewagesludges which are hazardous now fallwithin the jurisdiction of Subtitle C ofRCRA. The Section 3001 preamblesummarizes and responds to thecomments on this issue and alsodiscusses EPA's efforts to integrate andcoordinate its regulatory actionsgoverning sewage sludge.

4. BAT Toxics and PretreatmentStandards. Many commenters stronglyurged avoiding conflicts between theseRCRA regulations and other regulatoryprograms, including the BAT andpretreatment programs.

The Clean Water Act provides acomprehensive scheme for theregulation of discharges to navigablewaters. This scheme includes a role forEPA in the establishment of effluentlimitations guidelines that settechnology based 6ffluent limitations forspecific pollutants in the effluents ofcertain classes of industrial pointsources. These standards, and otherapplicable requirements such as Statewater quality standards, are used byEPA and approved States in theestablishment of specific permit-conditions under the NPDES'program.

The effluent limitations guidelinesmay be written for conventionalpollutants (e.g., suspended solids, fecalcoliform, biochemical oxygen demand)or toxic pollutants (a list of over 65chemical substances and heavy metals).For conventional pollutants, dischargersmust achieve efflueiit limits attainableby the "best conventional pollutantcontrol technology" (BCT) by July 1,1984. For toxic pollutants, dischargersmust achieve effluent limits attainableby the "best available technologyeconomically achievable" (BAT) by July1,1984.

In addition, the Clean Water Actcreated a pretreatment program, whichprovides the basis for regulatingdischarges to sewers served by publicly-owned treatment works. This program is.designed to insure that users of publicsewer systems do not dischargepollutants into the system that would (1)interfere with the operation of thetreatment works, (2) cause the POTW'sdischarge to navigable waters to exceedthe requirements that would otherwise,be applicable to the user's discharge if

he had discharged directly, or (3)interfere with the POTW's ability tosafely dispose of its sewage sludge.Solid waste pollution is one of thefactors EPA considers when analyzingwater problems and developing BATand pretreatment regulations, Whilethese RCRA regulations are designedprimarily to address ground-waterpollution from hazardous wastemanagement, the Agency clearly hasauthority under RCRA to addresssurface water and air pollution. Thusthere is overlappirg jurisdictionbetween the CWA and RCRA.

Due to the specific exclusion ofdischarges permitted under Section 402in Section 1004(27) from RCRA, and thecomprehensiveness of the Clean WaterAct programs, EPA has decided to relyon those programs to regulate thedischarge of wastewater effluents(which may be hazardous) to navigablewaters. In addition, the Agency'spretreatment program will be used toregulate such discharges to sewersystems served by POTW's,

It must be recognized, however, thatthis use of Clean Water Act programs toregulate hazardous wastes only extendsas far as the jurisdiction and goals ofthose programs. Management activitiesand environmental objectives for

'hazardous waste facilities which are notaddressed by the Clean Water Act, orwhich can be addressed more efficientlyunder RCRA, are and will continue to beaddressed under RCRA regulations,Thus, for example, pretreatment unitoperations may require a RCRA permitto operate if the feed to the facility Ishazardous and the process is notintegrally connected (via pipe orconveyor) to a manufacturing operation.Likewise any impoundment containing ahazardous waste is covered by theseregulations, particularly with regard totheir effect on air and ground water,until the hazardous waste in theimpoundment comes within CWAjurisdiction.

5. Clean Air Act. Owner andoperators of hazardous wastemanagement facilities must comply withall applicable standards promulgatedunder the authority of the Clean Air Act,However, at the moment, very fewhazardous emission pollutant standardsor new source performance standardsunder the Federal Clean Air Act applyto hazardous waste facilities.

RCRA, in Section 1008(b) calls uponthe Administrator to integrate theseregulations with the Clean Air Act, "tothe extent thatit can be done in amanner consistent with the goals andpolicies expressed in this Act" and.inthe Clean Air Act. Significantly, Section1006(a) does not include the Clean Air

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Act in the list of statutes whoseregulatees are excluded from RCRAregulation to the extent such regulationis "inconsistent" with the other Act.This statutory structure grantsconsiderable discretion to theAdministrator in choosing which statuteto rely upon for the most efficient andeffective control of hazardous wastesaffecting the air.

The hazardous pollutant provisions ofthe Clean Air Act require the use ofcertain procedures for each pollutantregulated. Because wastes are usuallycomplex mixtures of many materials,hazardous waste facilities are capableof emitting thousands of differentsubstances to the air, many of which aretoxic. The procedures of the Clean AirAct would be a less efficient way tocontrol a large number of hazardous airpollutants than RCRA, under whichdesign, operation, or performancecriteria (such as incinerator destructionefficiencies) can be set more easily forthe many pollutants emitted byfacilities. Therefore, the Agency haschosen RCRA as the primary vehicle forcontrolling air emissions from hazardouswaste facilities.

In developing regulations to controlair emissions from hazardous wastefacilities, the Agency's greatestchallenge has been in correlating wastevolatility characteristics with potentialair emission hazards. As stated earlier

-in this preamble, EPA has thus far beenunable to develop a protocol forpredicting hazard potential based on thevolatility of a waste, but is continuing itsinvestigations.

6. Toxic Substances Control Act Finalrules regarding disposal and markingrequirements for polychlorinatedbiphenyls (PCBs) were promulgated onFebruary 17, 1978, and May 31,1979,under Section 6(e) of the ToxicSubstances Control Act (TSCA). Thoserules are intended to protect theenvironment from further contaminationresulting from improper handling anddisposal of PCBs.

Because of the potential overlapbetween the RCRA hazardous wastemanagement standards and the TSCAPCB marking and disposal regulations,the Agency solicited comments in thepreamble to the proposed RCRAregulations on how it should manage theTSCA PCB regulations (and byinference, other specific toxic wastes)vis-a-vis the RCRA regulations. Mostcommenters were equally dividedbetween two positions:

(1) Publish the TSCA PCB and RCRAregulations independently and exemptPCBs from RCRA requirements, or

(2) Merge the PCB rules with theRCRA standards and co-promulgatethem.

To minimize confusion and the burdenon the regulated community, the Agencyhas tentatively determined thatwherever possible, hazardous wastemanagement control will be coveredunder RCRA. It has not been possible tocomplete this task to date, but theAgency expects to incorporate theTSCA PCB disposal regulations into thePhase II RCRA regulations.

Special disposal requirements forspecific wastes will, in the future,normally be proposed as an amendmentto these RCRA regulations but may beco-promulgated under TSCA authority.

7. Surface Mining Control andReclamation Act The Office of SurfaceMining (OSM) of the Department of theInterior administers the Surface MiningControl and Reclamation Act (SMCRA).The primary purpose of SMCRA is toprotect the environment from the effectsof surface mining of coal, althoughsurface disposal of underground coalmining waste is also covered. Thus thereis overlapping authority with RCRA. TheAgency is negotiating an agreement withOSM whereby RCRA control of coalmining wastes would be deferred toOSM. Such an agreement will be basedon a determination by EPA that theSMCRA regulations provide controlequivalent to that which RCRA wouldimpose. In anticipation of such anagreement, the Agency has deferredregulation of coal mine waste underRCRA.

8. National Environmental Policy Act.The National Environmental Policy Act(NEPA) requires the preparation of astatement which considersenvironmental impacts, alternatives,and resource commitments for any"major federal action significantlyaffecting the quality ef the humanenvironment." At least ten appellatedecisions have considered theapplicability of that requirement to EPA.All ten have concluded that the Agencyis exempt from the requirements ofNEPA because its own processesprovide for the "functional equivalent"of that Act. These analyses areconcisely summarized in State ofMaryland v. Train, 415 F. Supp. 116,122(D. Md., 1976):

Where federal regulatory action Iscircumscribed by extensive procedures,including public participation, for evaluatingenvironmental issues and is taken by anagency with recognized environmentalexpertise, formal adherence to the NEPArequirements is not required unless Congresshas specifically so directed.

These Subtitle C regulations havebeen developed through an extensive

evaluation of environmental issues. Thiswas specifically required by thestatutory mandate to consider whatmight "be necessary to protect humanhealth and the environment." and by theAgency's developed environmentalexpertise and concern. That evaluationunderlies this preamble and theBackground Documents prepared to helpdevelop specific sections of theseregulations. Extensive publicparticipation at many public meetings,following pre-proposal circulated drafts,and in hundreds of comments, helpedthe Agency in evaluating environmentalissues raised by these regulations.Federal, State, and local agencies allparticipated in this process. Congress,well aware of the "functionalequivalency" rule, did not alter thatstatus in the RCRA statute. Thus theAgency is not bound by NEPA'srequirements. The Agency has, however,voluntarily prepared an EnvironmentalImpact Analysis which will be availableto the public in EPA Headquarters andRegional libraries.

AL Special Wastes

The proposed regulations establisheda class of solid wastes for which, ifhazardous, application of the full set ofSubtitle C standards was deferred.These solid wastes, called "specialwastes" were cement kiln dust, utilitywaste (ashes and sludges, phosphaterock mining and beneficiation wastes,uranium and other mining wastes, andgas and oil drilling muds and oilproduction brines. For hazardousportions of these solid wastes, a verylimited subset of the Subtitle Cstandards was to be applicable pendingcompletion of studies defining the mostappropriate waste managementpractices.

When the proposed rules were issued,the Agency had only limited informationon these wastes. However, theinformation the Agency did havesuggested that application of the full setof proposed waste managementstandards would not be appropriate.

The attributes of these wastes whichcaused the Agency to reach thisconclusion were:

(1) The total annual quantity of eachof these wastes (both hazardous andnon-hazardous portions) was very large,and individual disposal facilities tendedto involve very large piles or ponds.Should large volumes of the wastes behazardous, the size of the facilities couldhave made the application of some ofthe regulations technically infeasible orunpracticable.

(2) Any portions of the wastes whichdid fail the proposed hazardous wastecharacteristics were thought to be on the

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iargins of failure. Thus the hazardousportions of the wastes appeared to haverelatively low intrinsic hazard relativeto other wastes. However, the Agency'sdata base was very limited.

(3) The Agency did not believe that ithad sufficient information'to proposespecific alternate waste managementrequirements without additional study.

The Agency's proposed approach tospecial wastes generated widespreadand divergent protest from both theregulated community and the public.Commenters generally objected either tothe concept of the special wastecategory or to the need for, or thesufficiency of, the limited standardsproposed for that category. Manycommenters identified other solidwastes which they urged also be definedas special wastes. The major commentswere:

(1) EPA should not regulate thesewastes at all unless it can demonstratethat the wastes, as presently managed,pose a significant threat to humanhealth and the environment.

(2) Many of the limited standards,proposed are not suitable for thesewastes because of the low hazard andlarge volume of the wastes. Therequirement for facility security was aparticular target of criticism.

(3) The stigma of singling out thesewastes and regulating the hazardousportions under Subtitle C will impactnegatively on the potential for their re-use..(4) The singling out of only these fewhazardous wastes for special favoredtreatment is inequitable when there areother wastes with similar charactdristicswhich must bear the full regulatoryburden. Commenters suggested about 50additional wastes to be added to th"special waste category.

(5) Iftthese wastes (or portionsthereof) fail the 3001 characteristics,then they pose significant hazards tohuman health and the environment andtherefore should be regulated like anyother hazardous waste.Several commenters recommendedalternatives to the special wastecategory:

(1) The Agency should replace thespecial waste category with a varianceprocedure involving public participation.

(2) The standards for a given wasteshould be determined on a case-by-casebasis with requirements specified in thepermits for each facility and location.The thrust of many of the comments wasuniversal disapproval of the specialwaste category as proposed.

In the course of its consideration ofthe comments, including proposedadditions to the special waste category,

EPA made two significant changes inthe basic structure and content of theSubtitle C regulations. These are (1)changes in the toxicity and corrosivityhazardousi waste characteristics underPart 261 which narrow the category ofwaste which will be brought intoSubtitle C by these characteristics, and(2) the incorporation of significantlymore flexibility, through phasing andstandard-setting,-in the Parts 264 and265 regulations. The Agency now hasconcluded that these changesaccomplish the objectives 6f, andeliminate the need for, a special solidwaste category.

1. Changes in the Section 3001Characteristics. In response tocomments, the toxicity and corrosivityhazardous waste characteristics havebeen modified and now include moredemanding conditions for defining ahazardous waste. In the proposedregulations, a waste would have beenconsidered hazardous under the toxicitycharacteristic if the extract from thatwaste (obtained through the definedExtraction Procedure) contained anyhazardous constituents in the PrimaryDrinking Water Standards (PDWS) at aconcentration of more than 10 times thePDWS limits. In the final regulations, thecharacteristic concentration bringing ahazardous waste under regulation hasbeen increased from 10 to.100 times thePDWS. Thus, waste 'extracts mustcontain a tenfold higher concentration ofone of the PDWS substances thanoriginally proposed in order for thewaste now to be brought under SubtitleC control by that characteristic. Thereasons for the change in thischaracteristic are explained in theToxicity Characteristic BackgroundDocument.

The upper and lower limits of pHwhich define a hazardous waste also

- have been revised in response tocomments so that the corrosivitycharacteristic now is more demanding insignaling a waste as hazardous. Thebasis for this change is explained in theCorrosivity Characteristic BackgroundDocument.

These changes have had twoimportant effects on the special wasteconcept. One is that a much smallerportion-of the proposed special solid

* wastes are expected to fail thecharacteristics and be subject to controlas hazardous wastes. The data availableto the Agency indicate that most of thespecial wastes that would have enteredthe control system would have done sodue to toxic extracts between 10 and 100times the PDWS. Thus, the probabilitythat large volumes of the proposed °special solid wastes will be hazardous

now appears remote. Second, thoseportions of the proposed special solidwastes which do fail the characteristicscan no longer be labeled "low hazard"wastes. Thus the concern over theinapplicability of the proposedregulations to hazardous special wastesdue to the potentially large volume andlow level of hazard of these wastes Isnot a valid concern in the finalregulations.

2. Phasing and Increased Flexibilityin Parts 264 and 265. To the extent thatspecial accommodation for any of thehazardous portions of these wastes maystill be needed, the second majorregulatory change, i.e., the incorporationof more flexibility in the hazardouswaste management requirementsthrough regulatory changes and phasingof requirements, will accomplishessentially the same result as theproposed special solid waste category.This is true for the hazardous portions ofthose wastes proposed as special solidwastes as well as for all of the wastesthat commenters suggested should bespecial solid wastes, '

The new three-stage regulatoryprocess itself provides the sameopportunity for phased regulation as thecreation of the special waste category.Initial regulations under Phase Istandards include administrative andlimited technical requirements whichprovide a basic level of environmentalprotection similar to that provided In thelimited standards proposed for thehazardous portions of special wastes.

The plans for Phase II of theregulations will allow hazardous wastefacilities to be permitted largely on thebasis of performance standards coupledwith the "best engineering judgment" ofthe Regional Administrator. Thisflexibility will allow the permit writer toconsider site- and waste-specific factorsin determining specific design andoperating permit requirements. Thus,unnecessary or overly stringentrequirements should not be forced uponany hazardous wastes by theregulations. To the extent the Agencybecomes aware of the inapplicability ofcertain requirements on a site- or waste-specific basis, it is committed to makingneeded regulatory changes as quickly aspossible. In addition, the Agency plansto gather further information both on theproposed special solid wastes and on atleast some of the wastes suggested bycommenters as special solid wastes, and-where needed, develop technicalstandards or guidance specific to thesewastes in the Phase III regulations andthereafter. Additional data andinformation on these, as well as theother solid and ha ardous wastes the

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Agency is studying also will be useful inissuing best engineering judgmentpermits under the Phase 11 Section 3004regulations.

In consideration of all of the abovefactors, the Agency has concluded thatthe special solid waste category is nolonger necessary. It has been eliminatedin these final Phase I regulations. Thoseportions of the six proposed specialwastes which are determined by thecharacteristics to be hazardous will besubject to the applicable Part 264 and265 regulations.

The Agency is, however, temporarilydelaying imposition of the regulationsfor two of the wastes EPA originallyproposed as special solid wastes, i.e., oiland gas drilling muds and oil productionbrines, and utility waste. This temporarydeferral is in response to action byCongress to exempt these wastes frommost Subtitle C regulation for a limitedtime pending completion of certain EPAstudies. Congress has not yet completedaction on the amendments which wouldmandate this deferral. However, billshave been passed both in-the House andSenate, indicating strong Congressionalintent to mandate a deferral ofregulations for these two proposedspecial solid wastes.

In the absence of a regulatory deferralby EPA, the hazardous portions of thesewastes would be subject to therequirements of the regulations on theireffective date. In order to be incompliance by the effective date, thefacilities handling these wastes wouldneed to take certain actions soon.involving possibly significantexpenditures, which could then behalted in mid-stream by finalCongressional action. In EPA's view,such a situation would be inefficient andcounterproductive. Therefore, Part 261defers the effective date of theregulations for the hazardous portions ofthe proposed oil and gas and utilityspecial wastes. The other proposedspecial solid wastes are the subject ofbills which have passed either theHouse or the Senate, but only the oil andgas and utility waste deferrals arecontained in both the House and Senatebills. EPA is not presuming the outcomeof the additional proposed deferrals, butwill, where necessary, amend Part 261regulations after the currently proposedamendments to RCRA are finally actedon by Congress.

V. Detailed Analysis of Phase I Rules

A. Subpart A-GeneralSubparts A of Parts 264 and 265

contain requirements under threegeneral headings. The first is "Purpose,Scope, and Applicability" (§§ 264.1 and

265.1). These provisions explain who issubject to the regulations in the Part,and whether there are anycircumstances under which a person isexcluded from coverage by the-regulations or subject only to limitedrequirements. The second section in Part264 (§ 264.3) explains the relationship ofPart 264 requirements (which EPA hastermed "general standards" or"permitting standards") to Part 265requirements (the "interim statusstandards"). Section 265.1(b) is thecounterpart of § 264.3. It explains thatthe Part 265 regulations, rather than thePart 264 regulations, are applicable to anowner or operator who has fullycomplied with the requirements forinterim status under Section 3005(e) ofRCRA, and who has not had finaladministrative action taken on hispermit application. Sections 264.4 and265.4 notify people who handlehazardous waste that imminent hazardactions may be brought notwithstandingany other provisions of the regulations.Each of these sections is discussed indetail below.

1. Purpose, Scope, and Applicability.The content of this section has changedsubstantially from the proposal. Thispreamble discussion explains the finalrequirements, and, in addition, containsa table showing the correlation of eachof the paragraphs in proposed § 250.40with the fimal regulations.

Paragraphs (a) of §§ 264.1 and 265.1set forth the purpose of the Section 3004regulations and are self-explanatory.

Paragraphs (b) of §§ 264.1 and 285.1state the general applicability of theregulations, which is to all owners andoperators of facilities that treat, store, ordispose of hazardous waste (TSDFs),except as specifically providedotherwise in the Parts 264, 265, or 261regulations.

Paragraphs (c) through (g) of § 264.1and paragraph (c) in § 265.1 delimit thegeneral applicability of the regulations.In addition, each Subpart in Parts 264and 265 contains an applicabilitysection. Some of these specialapplicability sections now merely referback to the requirements in §§ 264.1 and265.1, but Subparts F through R of Part265 contain applicability sections whichlimit the applicability of therequirements in those sections to certainkinds of facilities. The requirements inSubpart N of Part 265, for example,apply only to owners and operators offacilities which dispose of hazardouswaste in landfills (which include wastepiles used as disposal facilities).

a. Ocean DisposaL Paragraph (c) of§ 264.1 states that the requirements ofPart 264 apply to a person disposing ofhazardous waste by means of ocean

disposal subject to a permit issuedunder the Marine Protection, Research,and Sanctuaries Act (MPRSA) only tothe extent they are included in a RCRApermit by rule granted to such a personunder Part 122 (i.e., the RCRA Section3005 regulations). The preamble to thePart 122 regulations explains the basisof EPA's decision to issue such personsRCRA permits by rule. Basically, EPAhas found that compliance with anocean dumping permit issued under 40CFR Part 220 [Ocean Dumping underMPRSA) provides the human health andenvironmental protection mandated byRCRA. Persons carrying out suchdisposal, however, must comply withcertain recordkeeping and reportingrequirements which are necessary forEPA to ensure that the "cradle-to-grave"management system for hazadons wasteestablished in RCRA tracks allmanifested hazardous waste.

Paragraph (c)(1) of § 265.1 excludespersons disposing of waste by oceandisposal subject to a MPRSA permitfrom coverage under Part 265 (interimstatus standards). The Part 265requirements never apply to such peoplebecause on the effective date of RCRAregulations persons disposing ofhazardous waste in accordance withMPRSA permits automatically receiveRCRA permits by rule which requirethem to comply with selected Part 264requirements.

Treatment or storage of hazardouswaste before it is loaded onto an oceanvessel for incineration or disposal at seais covered by the Parts 264 and 265regulations because MPRSA offers noregulatory scheme comparable to RCRAfor such facilities.

b. UndergroundInjection. Coverageunder RCRA of persons disposing ofhazardous waste by undergroundinjection is complicated because,depending on the circumstances, suchpersons are subject to regulation (1) byRCRA Part 265 standards, (2) by RCRAPart 264 standards. (3) by Statestandards effective under an authorizedhazardous waste program (underSection 3006 of RCRA, 40 CFR Part 123,Subparts A, B, and F), (4) by Statestandards effective under an approvedunderground injection control program(under the Safe Drinking Water Act(SDWA), 40 CFR Part 123, Subparts Aand C), or (5) by Federal standards in aState with an EPA promulgatedunderground injection control programunder SDWA. The preamble to the Part122, Subpart C, regulatiofis explainsthese various regulatory schemes andtheir statutory underpinnings. BecauseSection 3004 of RCRA requires that allowners and operators of facilities which

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treat, store, or dispose of hazardouswaste must have a RCRA permit, theseSection 3004 (Parts 264 and 265)regulations and the Section 3005 (Parts122 and 124) regulations so provide.

Part 265 standards (as stated in§ 265.1(c](2)) do not apply to personsdisposing of hazardous waste by meansof underground injection subject to apermit issued under an UndergroundInjection Control Program approved orpromulgated under the Safe DrinkingWater Act. That means that the Part 265interim status regulations do apply topersons disposing of hazardous wasteby underground injection who have met -the Section 3005(e) requirements forinterim status and who either (1) do nothave such a SDWA UIC permit, or (2) donot have a RCRA permit and areinjecting hazardous waste undergroundin a State without an authorized RCRAprogram that covers undergroundinjection.

Part 264 requirements (see § 264.1(d))apply to people disposing of hazardouswaste with permits issued under an UICprogram approved or promulgated underSDWA only to the extent that they areincluded in § 122.45 (Requirements forUIC permits for wells injectinghazardous wastes). The same reasoningthat applies to hazardous waste disposalunder an MPRSA permit applies toSDWA UIC permits. Although all of the.technical requirements for waste -disposal by means of undergroundinjection have not yet been promulgatedunder the Safe Drinking Water Act, EPAis including this section to state itsintention to issue a RCRA permit by ruleto persons who meet SDWArequirements. EPA will insure that thecombination of UIC technicalrequirements,.and § 122.45, whichincorporates appropriate requirementsfrom Part 264 for underground injectionof hazardous waste, meets RCRA'shuman health and en',ironmentalprotection mandate.

The implication of § 264.1(d) is thatuntil an underground injection facilityreceives a SDWA UIC permit, it is,subject to RCRA interim statusstandards (if the owner or operator hasmet the requirements of Section 3005(e)of RCRA) or must-have a RCRA permit.EPA intends, as part of its Phase IISection 3004 regulations to promulgatetechnical requirements that can be usedto issue interim (two year) permits toClass I (and perhaps Class IV)underground injection wells. Until then,or until permitted by a SDWA UICprogram, all hazardous waste disposalby underground injection is governed bythe RCRA interim status standards. Seethe discussion of the Subpart R .

standards in this preamble for anexplanation of those requirements. EPAbelieves that this system will ensurethat underground injection of hazardouswaste is carried out in accordance withthe purposes and requirements of bothRCRA and SDWA, while-avoidingunnecessary dualregulation. For a moredetailed discussion of this issue, see'thepreamble to Part 122, Subpart C.

Ks with on-shore facilities associatedwith ocean disposal, above-groundtreatment or storage of hazardous wasteassociated with an undergroundinjection facility is covered by Parts 264and 265 regulations. The Safe DrinkingWater Act is designed to protectunderground sources of drinking waterand does not have authority comparableto RCRA' to ensure human health andenvironmental protection from allaspects of potential pollution (air, land,surface, and ground water) from above-ground facilities that treat, store, ordispose of hazardous waste.

c. POTWs. As discussed above in thesection of this preamble on "NPDESPermitted Facilities," the regulatorydefinition of solid waste excludeshazardous waste that is'mixed withdomestic sewage and passes through asewer system to a publicly-ownedtreatment works. That exclusion isbased on the legislative history of theSolid Waste Disposal Act. As discussedin the Part 122 preamble,EPA believesthat the reasoning which led the Agencyto exempt such hazardous waste mixedwith domestic sewage from thedefinition of solid waste, also applies tothe decision of what sort of RCRArequirements to impose on POTWswhich receive hazardous waste whichhas not lost its character as solid waste(i.e., hazardous waste which isdischarged to the POTW by truck or rail,or through a pipe which carries onlyindustrial waste).

EPA will issue POTWs which receivehazardous waste a permit by rule. TheAgency's reasoning is that the wasteswill be placed in a facility subject to anextensive set of Federal regulatory andsubsidy provisions that should besufficient to deal with any hazardouswaste problems. -In addition, thisexemption for POTWs from most of theSection 3004 requirements is based onCongressional intent that EPA avoiddisruption of the existing patterns offunding-and operation of such facilities.Note, however, that in order for aPOTW to qualify for this permit by pile,it must have and be in compliance withan NPDES permit, must comply withcertain of the RCRA recordkeeping andreporting requirements, and must meetall applicable Federal,.State, and local

pretreatment requirements (suchrequirements are applicable to truck orrail shipments of hazardous waste justas if they had come through a sewer,pipe, or similar conveyance).

Paragraph (c)(3) of § 265.1 excludesthe owner and operator of a POTW thattreats, stores, or disposes of hazardouswaste from coverage by Part 265.Paragraph (e) of § 264.1 provides thatthe requirements of Part 264 apply tosuch owners and operators only whenincluded in a RCRA permit by rule. Thisscheme is the same as that describedabove for ocean disposal in accordancewith an MPRSA permit. The interimstatus standards never apply to POTWsbecause owners and operators ofPOTWs are required to comply with thePart 264 requirements which areincluded in their permit by rule.

d. Authorized State RCRA programs.Paragraph (c)(4) of § 265.1 provides thatthe Part 265 requirements do not applyto persons treating, storing, or disposingof hazardous waste in a State with aRCRA hazardous waste programauthorized under Subparts A and B (Le,,full authorization), or Subpart F (i.e,,interim authorization) of 40 CFR Part123. This exclusion is provided in theregulations because Section 3000 ofRCRA states that authorized Stateprograms are to operate in lieu of theFederal program. Thus Federalrequirements, as a general rule, do notapply in States with authorized RCRAprograms. The exception to this rule Is a,State with Phase 1, but not Phase IIinterim authorization as discussedbelow-and in the preamble to Part 123,Subpart F. Pursuant to Section 3000 ofRCRA and Part 123 requirements, aState program must be "substantiallyequivalent" to the Federal program toreceive interim authorization: a Stateprogram must be "equivalent,consistent, and provide for adequateenforcement" to receive fullauthorization.

Paragraph (f) of § 264.1 establishes thesame sort of general inapplicability ofPart 264 requirements as is establishedfor Part 265 requirements, with oneexception. The one exception is thatPart 264 requirements do apply In Stateswhich have only Phase I interimauthorization. In such States, EPAretains the authority to issue hazardouswaste permits because the Stateprogram does not yet have thatauthority. Such a lack of Statepermitting authority could last in a Statefor a maximum of about nine months,'Asnoted in the Part 123 preamblediscussion of this issue, EPA wouldrarely exercise this authority, but If theAgency/ailed to retain such authority,

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EPA would be in effect prohibiting thepermitting of any facilities in such aState during that period. Because ofSection 3005 of RCRA, no new facilitiescould begin operations. Because newerfacilities, subject to full Federalrequirements, generally will be thebetter facilities, such a result certainlyseems anomalous, particularly in light ofthe current shortfall of environmentallyacceptable hazardous wastemanagement facilities in the UnitedStates.

There is one additional aspect to theapplicability of Parts 264 and 265 inStates with authorized RCRA programs.That is the regulation of hazardouswaste disposal by underground injectionin such States. As mentioned brieflyabove, and as discussed in the Part 123preamble, States seeking authorizationto operate RCRA hazardous wastepfograms in lieu of the Federal programwill have an option to include coverageof underground injection facilities. If aState which receives interim or fullauthorization chooses not to regulateunderground injection under its RCRAprogram (prior to the opportunity toreceive approval for a State UICprogram under the Safe Drinking WaterAct), the Parts 264 and 265 requirementswill remain effective for undergroundinjection facilities in that State. EPArealizes such a result will subject-underground injection facility ownersand operators to regulation by bothState and Federal agencies, but sees noreal alternative. EPA does not believethat it should mandate that State RCRAprograms include coverage ofunderground injection facilities. No suchrequirement was proposed with theState authorization requirements, andsuch a decision could disrupt theprogress many States have been makingtowards developing all of the legislativeand regulatory authority necessary toreceive interim or full authorizationunder RCRA. On the other hand, itseems fair and reasonable to give Statesthe chance to include such facilities intheir programs because if a State hassufficient authority, a facility owner oroperator then need deal only with theState.

e. Part 261 Exclusions, IncludingSmall Quantities of Hazardous Waste,and Recycled or Re-used HazardousWaste. Sections 24.1 and 265.1 bothprovide that Parts 264 and 265 are notapplicable if specifically providedotherwise in 40 CFR Part 261. Part 261covers the identification and listing ofthose solid wastes which must behandled as hazardous waste accordingto the standards established by EPAunder Sections 3002 through 3005.

Among other things, Part 261 containsregulatory definitions of solid waste andhazardous waste, a list of materialswhich are excluded from all or a portionof certain Subtitle C requirements, andestablishes special requirements forgenerators of small quantities ofhazardous waste. Thus EPA believes itis appropriate for the Parts 264 and 25requirements to refer people to the Part261 regulations which designate whichwastes are within Subtitle C control,when those wastes must begin to bemanaged in accordance with Part 262through 265 standards, and when ahazardous waste ceases to be ahazardous waste. The exclusions in§ 261.4 (i.e., the statements of whichmaterials are not solid wastes andwhich solid wastes are not hazardouswastes) are not included in the Parts 264and 265 regulations. Owners andoperators of treatment, st6rage, anddisposal facilities should read the Part261 regulations to determine to whatextent the wastes they handle aresubject to the Parts 264 and 265regulations.

EPA has, in §§ 264.1(g)(1) and261.1(c)(5), excluded from regulationunder Parts 264 and 265 facilitiespermitted, licensed, or registered by aState to manage municipal or industrialsolid waste, if the only hazardous wastethe facility handles is excluded fromregulation under the small quantityprovisions of § 261.5. Section 261.5,among other things, excludes certainsmall quantities of hazardous wastefrom regulation under Parts 262 through265, if the generator of those smallquantities ensures delivery of them to afacility which has (1) interim status, (2)a RCRA permit, or (3) is permitted,licensed, or registered by a State tomanage municipal or industrial solidwaste. To avoid the confusion that couldresult if this third category of facilitywere not specifically excluded fromregulation in Parts 264 and 265, EPA hasprovided an exclusion, The specialregulatory requirements for hazardouswaste produced by small quantitygenerators are discussed in thepreamble to Part 261 and anaccompanying background document.

EPA also has referenced in Parts 264and 265 (see §§ 264.1(g)(2) and265.1(c)(6)) the exclusion from mostSubtitle C requirements provided in§ 261.6 for hazardous waste that is used,re-used, recycled, or reclaimed. Suchwaste is subject to transportation andstorage requirements prior to its re-useand reclamation and the provisions of§ 261.6 which so provide are referencedin Parts 264 and 265. Regulation of re-

used and recycled waste is discussed inthe preamble to Part 261.

f. Generators Who Accumulate On-Site, Farmers, and Totally EnclosedTreatment Facilities. The last threeexclusions from Part 264 and 265requirements are two activities carriedon by certain generators of hazardouswaste and one type of facility whichEPA believes, need not be subject to anyRCRA Section 3004 requirements inorder to ensure protection of humanhealth and the environment.

40 CFR 262.34 exempts generatorswho accumulate hazardous waste on-site for 90 days or less (for subsequentshipment off-site) from the requirementto have a permit, provided they complywith certain requirements that EPAdeems sufficient to protect human healthand the environment during that period.These requirements are specified in§ 262.34. If a farmer disposes of wastepesticides in accordance with § 262.51,those wastes are exempt from allSection 3004 requirements. This isanother exemption made in the Part 262regulations which EPA is codifying inthe Part 264 and 265 regulations to avoidconfusion. Both of these exemptions arediscussed in the preamble to the Part262 regulations (45 FR 12724-12732,February 26,1980) and the supportingmaterial for those regulations.

The third exemption is for owners andoperators of "totally enclosed treatmentfacilities," as defined in 40 CFR 260.10.Commenters pointed out that in someproduction processes, wastes(particularly acid and alkaline solutions)are treated in pipes and other types oftotally enclosed on-site facilities, oftenresulting in a non-hazardous discharge.

EPA agrees that to classify on-site"totally enclosed systems," such aspipes, as hazardous waste treatmentfacilities and to require them to meetSection 3004 standards and obtain apermit would not make a great deal ofsense. Accordingly, for the reasonsdiscussed below under "Supart Q--Chemical. Physical, and BiologicalTreatment Facilities," EPA hasexempted these facilities from regulationunder Parts 264 and 265 and from therequirement to obtain a permit in Part122. Persons who handle hazardouswaste in what they believe to be a"totally enclosed treatment facility"should carefully read the definition ofthat term in § 260.10.

2. Relationship to Interim StatusStandards. Section 264.3 puts ownersand operators of TSDFs on notice thatthey are required to comply with Part265 requirements, rather than Part 264requirements, if they have qualified forinterim status under Section 3005(e) ofRCRA and final administrative

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disposition of their permit application 264.4 and 265.4 put owners and hazard actions may always be broughthas not been made. Section 265.1(b) is a operators of TSDFs on notice that pursuant to Section 7003 of RCRA when

-parallel requirement. nothwithstanding any of the other the statutory elements of such an action3. Imminent HazardAction. Sections provisions of those parts, imminent are established.

Correlation of Proposed and Final Rules for Purpose, Scope, and Applicability

Subject Proposed rule Final rule Explanation

Purpose of requirements ............ ................§ 250.40(a)._ _ __ §§ 264.1(a) and 265.1(a)...... The proposed and final.rules contain the same standard.State program requirements; EPA enforce- §250.40(b).___.._. _ Part 123..__............... The requirements a State program must meet to receive Interim or full au.

ment authority. thorization under Section 3006 of RCRA are now set out In Part,123,EPA's independent enforcement authority Is established In Section 3008of RCRA and discussed, in the context of Its use In a State with an au-thorized RCRA program, in the Part 123 preamble.

Compliance with permit requirements.... § 250.40(q). § 264.1(b), Part 122, and Part 123... The Part 264 standards are Independently enforceable national standards,but the circumstances under which EPA will consider compliance with anEPA or a State RCRA permit compliance with the standards are providedIn Parts 122 and 123 regulations, and discussed In the preamble to thotoParts.

Special waste standards ..................... . § 250.40(c)(1).. _ __ Deleted_.. ...... See the discussion In this preamble entitled "Special Wastes."Interim status standards. § 250.40(c)(2)..___ _ Part 265..For ease of reference, and because EPA Is phasing Its Section 3004 stand

ards, the Interim status standards are now set out In a separate Part (Part265) of Title 40 of the Code of Federal Regulations.

POTW exemption ......... ........ .. § 250.40(c)(3) §§ 264.1(e) and 265.1(c)(3).__ This exemption is discussed In the Section 3004 preamble In the section onSubpart A requirements.

Requirement for ID code ........................ §250.40(c)(4) §264.11........ . ...... This requirement was property a generally applicable facility standard ratherthan a scope of coverage requirement so it has been made a Subpart 0(General Facility Standards) standard.

Receipt of hazardous waste only from small § 250.40(c)(5)_. .. §§ 261.5,264.1(g)(1), and This exclusion is discussed In the preamble to Part 261. %quantity generators. 265.1(c)(5).

Receipt of unmanifested hazardous waste._ § 250.40(c)(6)- - - §§ 264.76 and 265.76...... This reporting requirement has been placed In Subpart E (Manifest System,Recorrikeeping, and Reporting) of Parts 264 and 265 where It more prop.erly belongs.

Use of requirements fonAssessing State programs ............. §250.40(d)(1)_ Part 123 .......... How EPA will use the Section 3004 requirements to assess State programs

for interim and full authorization Is more property the subject of the Sec.tion 3006 regulations and is set out In Part 123 and discussed In the pro-amble to that Part.Issuing permits .................. .... §250.40(d)(2). _ Part 122.- . - - The use of the Part 264 standards In Issuing, reissuing, or revising permits Ismore properly the subject of the Section 3005 (.e., the Part 122) regula.tons and is set out there and discussed In that preamble. The decision toIncorporate the proposed "Notes," (I.e.. variances) directly Into the Soc-ion 3004 standards is discussed In the Section 3004 preamble, EPA's pM.sition on reopening and'modiflication of permits is discussed In the Part122 preamble.

Bringing enforcement action against:TSDF with a State permit . ........ § 250.40o)(3)(i) ... Pa 123 .. .... The circumstances under which EPA will enforce State requirements which

are not included In State permits Is discussed in the preamble to Part 123.TSDF with no permit or pending permit § 250.40(d)(3)(u). _. __ §§ 264.1(b), 264.3, and 265.1(b)....-. Part 264 standards are Independently enforceable national standards whichapplication. apply of their own force to owners and operators of TSDFs who do not

have interim status. Compliance with Part 264 standards does not, ofcourse, relieve an owner or operator from the requirement to got a permitunder Part 122, nor does It Insulate him from an action under Section7003 of RCRA, or an action.selng an order for compliance with certanPart 265 requirements, should those requirements be mere extensive thanthe extant Part 264 requirementiRequirements do not apply:

Domestic sewage ..... ..... . . § 250.40(ei{)........ _...... Part 261 .. ............... § 261.4 excludes materials that are not solid wastes for purposes of SubtitleC requirements; domestic sewage is so excluded

Irrigation return flows ......................... ...... § 250.40(e)(2).... . __... Part 261 .............................. § 261.4 excludes materials that are not solid wastes for purposes of SubtitloC requirements; irrigation return flows are so excluded

CWA Section 402 discharge .............. § 250.40(e)(3) . ........... Part § 261.4 excludes materials that are not solid wastes for purposes of SubtitleC requirements; discharges permitted under Section 402 of the CWA areso excluded.. This exclusion does not exclude from Subtitle C regulationIndustrial wastewaters while they are being collected, stored, or treatedbefore discharge, nor does it exclude sludges that are generated by Indus-trial wastewater treatment

Source, special nuclear, or by-product § 250.40(e)(4)...__,..... Part 261 ............................ § 261.4 excludes materials that are not solid wastes for purposes of Subtitlematerial. C requirements source, special nuclear, or by-product material as detined

by the Atomic Energy Act of 1954, as amended, is so excluded.Section 111 and 112 air emissions ............... § 250.40(e)(5)........ Deleted_............... This exclusion from Subtitle C coverage didn't really "fit" with the rest of theexclusions, which are of solid or hazardous wastes. Although this oxclu-sion has been deleted from the regulations, EPA's policy is net to promul-gate any requirements under RCRA which would be Inconsistent withpoint source air emission regulations under Sections 111 and 112 of theClean Air Act

Disposal of hazardous waste via underground § 250.40(e)(6). ___ §§ 264.11d) and 265.1 (c)(2); Parts As discussed in the Section 3004 preamble in the section on Subpart A to'Injection. 122 and 123. / quirements. and In the preambles to the Parts 122 and 123 regulations,

the disposal of hazardous waste via underground Injection Is subject to,certain RCRA requirements.Ocean disposal of hazardous waste..........-. §250.40(e)(7) §§264.1(c) and 265.1(c)(1); Part As discussed in the Section 3004 preamble in the section on Subpart A ro'

122. quirements, ocean disposal of hazardous waste subject to a MPRSApermit is subject to a RCRA (Part 122) permit by rule.




B. Subpart B-General FacilityStandards

Subpart B of both Parts 264 and 265contains a number of discrete sets ofstandards, each of which applies to-owners and operators of all hazardouswaste facilities. The Subpart includesrequirements for waste analysis,security, inspections, and training-allof which were contained in § 250.43 ofthe proposed rules.

1. Identification Number. Sections264.11 and 265.11 of Subpart B contain astandard which requires that the owneror operator apply to EPA for anidentification code. This requirementwas in the Purpose, Scope, andApplicability section of the proposedrules. However, because the standard isapplicable to all facilities, the Agencybelieves that it is more logical to includethe standard in the General Facilitysection of the final rules.

2. Required Notices. Sections 264.12and 265.12 require that the owner oroperator of a facility notify the RegionalAdministrator at least four weeks inadvance of the date of any shipments ofhazardous waste from foreign sources.This requirement is a corollary to theproposed § 250.20(c)(3) standard, whichrequired generators who ship theirwaste to foreign countries to inform theforeign government having juris'dictionover the facility to which the waste is tobe sent. The Agency believes that thisrequirement is necessary in order forEPA to effectively oversee thetransportation and management ofhazardous waste imported to the UnitedStates.

Sections 264.12 and 265.12 also requirethat, before transferring ownership oroperation of a facility during itsoperating life, or of a disposal facilityduring the post-closure'care period, theowner or operator must notify the newowner or operator of the RCRA Section3004 and Section 3005 requirements. TheAgency has added this requirement tothe final rules in order to minimize thepossibility that an unsuspecting buyermay purchase a facility, not knowingthat this purchase entails his having tocomply with these Subtitle Cregulations. However, it should be notedthat if the "old" owner or-operator failsto comply with this standard, the "new"owner or operator is still required tocomply with all applicable RCRAregulations, including those in Part 122establishing requirements for permits.

Section 264.12 also requires the owneror operator of an off-site facility to

inform the generator in writing that thefacility has the appropriate permit(s) for,and will accept, the generator's waste.The Agency believes this provision,which was suggested in the comments,is necessary for the proper functioningof the manifest system, because Part 262requires that generators send theirhazardous waste only to a facility withappropriate permits for the waste (or tofacilities whose owner or operator hasinterim status). A written certificationby the facility owner or operator thusassures the waste generator that therequirements of Part 262 are satisfied. Italso avoids the potential problem of agenerator designating a facility on themanifest which has the appropriatepermits for his waste, but which has notagreed to accept the waste.

The rest of this section of thepreamble discusses the commentsreceived on the proposed § 250.43standards contained in this Subpart.

3. General Waste Analysis. Thepurpose of the proposed waste analysisstandards was to ensure that owners oroperators possessed sufficientinformation on the properties of thewastes which they managed, to be ableto treat, store, or dispose of their wastein a manner which would not pose athreat to human health or theenvironment. The proposed standardsincluded requirements which specifiedthe level of analysis to be performed onwastes managed at facilities, theminimum frequency with which theseanalyses were to be repeated, and theproperties of the waste which were to bedetermined to verify the identity of eachtruckload, shipment, or batch ofhazardous waste managed at facilities.

The Agency received many commentswhich stated that the generator shouldbe required to provide the owner oroperator with the information needed tocomply with the Section 3004 wasteanalysis standards, because thegenerator is more familiar with theproperties of the waste than is theowner or operator, and it would thus beless expensive for the generator toconduct the required analysis. TheAgency believes, however, that althoughmany generators may be familiar withthe properties of the waste which theygenerate, there are many companieswhich generate waste about whoseproperties the generators know verylittle. In the latter case, for thosecompanies lacking analytical equipment,the cost of sending their waste tocommercial laboratories for analysis is

comparable to the cost of analysis atfacilities with on-site labs, or facilitieswhich sub-contract their analyticalwork. In addition, many generators willnot have the "hands on" knowledge ofthe information needed to treat, store, ordispose of the waste at any particular

-type of facility. Owners or operators willnecessarily be in a better position to usethat knowledge. The Agency believesthat the approach taken in the proposedrules (whereby owners or operators caneither conduct the analysis themselvesor acquire the analysis from thegenerator) provides as flexible and costeffective a means as that suggested bythe commenters, to ensure that ownersor operators obtain the informationneeded to manage hazardous waste.

A number of commenters suggestedthat the regulations should specify thatthe waste analysis required under theSection 3001 regulations satisfies therequirements for waste analysisrequired under Section 3004. TheAgency does not agree with thesecommenters because the informationneeded to characterize a waste (asrequired in proposed § 250.13) mayoverlap with, but is not identical to, theinformation needed to manage a waste(as required in proposed § 250.43). Forexample, to treat a waste, one needs toknow not only the chemical compositionof the waste, but also the compatibilityof the waste with the techniques andchemical reagents used at the facility totreat the waste. The waste analysisrequired under Section 3001 may notprovide the latter type of information.and thus, does not fully satisfy therequirements for waste analysisprescribed under Section 3004. However,the standard has been revised to make itclear that data developed pursuant toSection 3001 may be included in thedata base that the owner or the operatorcompiles to comply with the Section3004 waste analysis standards.

Several commenters felt that thenature and the scope of the requiredanalysis should be more specific. TheAgency purposely wrote objective-oriented waste analysis standards inproposed § 250.43 because theinformation needed to treat, store, ordispose of waste differs depending ontheomethods used to manage waste (e.g.,the information needed to incineratewaste differs from that needed toneutralize waste). However, the Agencyagrees that the regulations can besomewhat more detailed regarding thestandards for waste analysis. For this

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reason, in addition to the general wasteanalysis standards which apply to allfacilities, the final rules also include, inmost technical sections of theregulations, waste analysis standardsspecific to the management methodregulated in that particular section. Forexample, the § 265.345 standards forincineration contain specific parameters(e.g., halogen and sulfur content andheating value) for which waste must beanalyzed before it is incinerated. Byincluding the more detailedinformatiornal requirements in thetechnical sections of the regulations,while leaving the more generalrequirements in the general facilitysection of the regulations, the Agencybelieves that the regulations are specificenough so that owners or operators willknow what is expected of them,-and yetare flexible enough so that an owner oroperator will only be required toconduct analyses which are appropriatefor the management methods used at hisfacility.

Several commenters objected to theminimum annual retesting requirement,stating that it was unnecessary to re-analyze waste when the owner oroperator is confident that the propertiesof the wastes are unchanged.

The Agency believes that theproperties of most waste streams varywithin the course of a year, andtherefore most owners or operatorsshould re-analyze waste, at leastannually, to determine if such variationswill influence the effectiveness of themethod used at the facility to managewaste. However, if the owner oroperator correctly believes that theproperties of the waste which hemanages will not change, then to re-.analyze the waste'would be an Iunnecessary expense. Therefore, theminimum annual retesting requirementhas been deleted from the revised rules.However, the regulations do require 'that, at a minimin, waste must be re-analyzed (1) when the owner or operatoris notified, or has reason to believe, thatthe process or operation generating thewaste has changed in a way that wouldlead him to believe that the hazardousproperty or characteristics of the waste'would change, and (2) for off-sitefacilities, when the results of theverification analysis required in§ § 264.13 and 265.13 indicate that thecomposition or characteristics of thewaste do not match the identity of thewaste designated on the accompanyingmanifest.

Objections were also raised regardingthe requirement to analyze waste for thefour properties specified in proposed§ 250.43(h) (i.e. physical appearance,

specific gravity, pH, and vaporpressure), because analysis for theseproperties is not appropriate for allcategories of waste. Many commentersalso felt that to require owners oroperators to sample each truckload ofwaste for these four properties wasunreasonable for multiple truckloads ofwaste which have uniform physical andchemical characteristics.

The Agency agrees that measuring forthe.four properties specified in proposed§ 250.43(h) may be inappropriate forcertain categories of waste and may beunnecessary for multiple truckloads ofuniform waste. Therefore, the fourproperties have been deleted from thewaste analysis standards. Instead, thefinal rules require that owners oroperators develop and follow a wasteanalysis plan which specifies the teststo be used, and the frequency withwhich these tests will be conducted, todetermine the identity of incomingwaste managed at the facility. The planmust be prepared and followed duringinterim status. The RegionalAdministrator may request the plan atany time after the effective date of theseregulations. The Agency also will reviewthe content of the plan when it evaluatesthe facility's permit application. Wherethe Regional Administrator believes thatthe facility's waste analysis plan isinadequate, he will require that the planbe modified to include procedures whichhe believes are appropriate to determinethe identity of incoming waste to thefacility.

In addition to the procedures used todetermine the identity of incomingwaste, the final rules also require thatthe facility's waste analysis plandescribe:

(1) the parameters for which eachwaste will be analyzed in the detailedchemical and physical analysis requiredfor each waste managed at the facility;

(2) the test methods to be used to testfor these parameters; and

(3) the sampling methodology whichwill be used to obtain representativesamples of the waste to be analyzed.

The Agency believes that therequirement for developing andmaintaining a waste analysis plan v llnot only allow owners or operators to -tailor their waste analysis procedures tothe type of wastes and techniques whichthe facility uses to manage these wastes,but will also provide the Agency with areview mechanisni which will encourageowners or operators to conduct thoroughanalyses of the wastes which theymanage. Compliance with the self-developed waste analysis plan, as withthe other plans required in theseregulations is a separate, enforceable,regulatory requirement.

EPAjs promulgating waste analysisrequirements in Part 265, but will acceptcomments on their appropriateness asinterim status standards because theywere not specifically proposed asinterim status standards,

4. Security. The purpose of theproposed security standards was toprevent the unknowing or unauthorizedentry of people or livestock onto theactive portions of facilities. Toaccomplish this objective, the proposedrules included requirements whichspecified the height of the fence, themeans to control entry at the gate, andthe height of the letters on the warningsign which was to be posted at theentrance to the active portion of thefacility. However, the proposed rulescontained rather flexible variances fromthe specific requirements for fences andsigns.

Most of the comments received on thesecurity standards addressed therequirement for a six-foot fence. Themajority of the commenters felt that thestandard should allow means other thana six foot fence (or the alternativesspecified in the "note" to the standard)to prevent entry onto a facility. Severalcommenters suggested that the standardbe written in terms of a performancestandard, and a few commenters notedthat the implicit performance standardin the proposed rules, which requiredtheprevention of unauthorized entryonto a facility, should be changed torequire the deterrence of unauthorizedentry onto a facility, because it isimpractical to construct a non-climbablefence. In addition, a number ofcommenters suggested that facilitiesshould not have to comply with thesecurity requirements if the wastes aresufficiently benign so that people neednot be kept away from the site.Furthermore, a few commenters pointedout that the active portion of a facilityshould not have to be surrounded by afence if the active portion is locatedwithin a facility or plant that meets thesecurity requirements.

In response to these comments, thesecurity standards have been rewrittento include the general performancestandard that a facility's security systemihust prevent the unknowing enlry ofpeople, and minimize the potential forthe un'authorized entry of people orlivestockonto the active portions offacilities. The final rules contain twoconditions for. an exemption from theperformance standard: (1) ifunauthorized or unknowing entry willnot result in injury to people or livestockwho might enter the facility, and (2) Ifsuch entry will not result in injury to the

'environment (e.g., as a result of




disturbing the waste or the equipmentwithin the active portion). Because thesetwo conditions are rarely concurrentlysatisfied, the Agency does not expectthat many sites will be exempt from thesecurity requirements.

To indicate how to comply with thegeneral performance standard, arevision of the proposed fencingrequirement has been provided in thefinal rules. The height of a fence, if used,is not specified, and alternatives tofences are allowed. In addition, thestandard has been made more flexibleby allowing the use of an around-the-clock surveillance system, instead of thephysical barrier (i.e., a fence) specifiedin the proposed rules, to control entryonto a facility. The Agency believes thata continuous surveillance system can beas effective as a physical barrier tocontrol access to the active portionbecause, when an unauthorized personapproaches this area, facility guards orfacility personnel can ensure that theperson does not enter the active portion.

The Agency agrees that when accessto the facility is already controlled by anadequate security system, to erect afence or other barrier around the activeportion would not provide additionalprotection to human health and theenvironment. Accordingly, EPA hasclarified the regulations so that anowner or operator can demonstrate thatthe active portion of his facility complieswith the security regulations, basedupon the security system of the facility(or the manufacturing operation) withinwhich the active portion is located.

In addition, a number of commenterspointed out that the proposed standard,which only required signs to be postedat the gates to the active portion of thefacility, could result in inadequatewarning to unknowing personsapproaching facilities where fences arenot used to control access to the facility.For this reason, several commenterssuggested that the standard shouldrequire that signs be posted in sufficientnumbers to be seen from any approachto the active portion of the facility.

The Agency agrees that because thesecurity systems (including fences) usedto control access to facilities will not beimpenetrable, signs should be postedalong the periphery of the active portionto warn unknowing people that enteringonto the active portion is potentiallyhazardous. Therefore, EPA has takenthe commenters' suggestion and hasrevised the requirement for theplacement of the warning signs.

Although the Agency received nocriticism of the four-inch letteringrequirement for signs, the underlyingtheme of the majority of the commentswas that the proposed security

standards were too specific. Because theAgency believes that the four-inchlettering requirement may have been tooinflexible, a more performance-orientedprovision, which requires that thewarning on the sign be legible from atleast 7 meters (25 feet), has beensubstituted for it in the final rules. Thisnew approach will provide moreflexibility.

The Agency believes that because the"note" to the proposed standardprovided a variance to the requirementfor the statement: "Warning-Unauthorized Personnel Keep Out" onthe sign, no comments were received onthis aspect of the standard. The Agencybelieves that a variance to the wordingrequirement should be retained in thefinal rules for existing signs, because itwould be unnecessarily expensive toreplace signs at facilities which do notcontain the exact wording specified inthe final standard, but whichnonetheless give adequate warning tounknowing people to stay away.However, to make sure that the newsigns posted at hazardous wastefacilities are uniform, the Agencybelieves that they should contain thewording specified in the standard.Therefore, in the final rules, the varianceto the mesqage on the sign only appliesto existing signs.

In addition, the Agency hassubstituted the word "danger" for"warning" in the final rules. The reasonfor this change is that word "danger,"more than "warning," indicates thepotential for harm.

5. General Inspection Requirements.§ 250.43-6 of the proposed regulationspecified seven parts or aspects of afacility which owners or operators wererequired to inspect daily for specificsigns of deterioration or malfunction.Owners or operators were also requiredto record observations noted during theinspection in the facility's operating log.I The Agency received many comments

concerning the specific listing ofrequired inspection items (i.e., dikes,fences, etc.) and the absoluterequirement for daily inspections.Several of the commenters noted thatfor some of the listed items (forexample, fugitive emissions), therequired inspections were either notapplicable to all facility types, or wouldbe impractical to implement. Othersnoted that such a list could not includeall of the possible items which should beinspected. As for inspection frequency,many of the comments argued that dailyinspections are simply unnecessary.They pointed out that, in many cases,the rate of deterioration is so slow (inthe corrosion of tanks, and the erosionof dikes, for example) that occasional

inspections are sufficient to reveal anyproblems long before failure occurs.

The thrust of these comments wasthat the specific items to be inspectedand the frequency of inspection shouldbe determined by the owner or operatoron a case-by-case basis. The Agencyagrees, and has revised the regulationsto require the owner or operator todevelop and follow his own writteninspection schedule. This will be basedon the facility's criticial processes,equipment, and structures, and on thepotential for failure and the rate of anydeterioration processes (corrosion.erosion, etc.) which may lead to failure.Compliance with the plan is a separate,enforceable regulatory requirement.

During the permitting process, theAgency will review the inspectionschedule for its adequacy in protectinghuman health and the environment, forcomprehensiveness, and for consistencywith inspection schedules for similarfacilities. The Agency will also assistthe owner or operator in optimizing theefficiency and effectiveness of theschedule based on its experience withsimilar facilities. During interim status,consultation and review with theAgency will not normally be required.

The Agency realizes that not allowners or operators are equallyknowledgeable. Therefore, EPA hasretained minimum specific inspectionrequirements, which include someobvious inspection points, and someminimum frequencies for inspectingthem. These requirements have beenincorporated into the regulations forspecific facility types (tanks, surfaceimpoundments, etc.) to clarify how theyare to be applied to these facilities.

The final rules also require the owneror operator to make a record of allinspections, and to keep it on file forthree years. In addition to informationon the observations, this record mustspecify when the inspection was made,who made it, and when any repairswere made. The record can take theform of an inspection checklist; thiswould combine the recordkeeping with auseful inspection procedure. In any case,the record will help assure the Agencythat the owner or operator is in factconducting inspections, and is makingany needed repairs. Additionally, shouldan environmental or human healthincident actually occur, these recordswill help to reconstruct the events thatled to it, and may also provide avaluable resource for any emergencydecisions. As one incidental benefit, therecord will help management audit thereliability of equipment, the e iiency ofmaintenance activities, and theeffectiveness of the inspection schedule.

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6. Personnel Training. The purpose ofthe proposed training requirements wasto reduce the potential for mistakeswhich might threaten human health orthe environment by'ensuring that facilitypersonnel acquire expertise in the areasto which they are assigned. Theproposed standards includedrequirements which specified the timeby which facility personnel must obtainthe training necessary to do their jobs,the records to be maintained at thefacility of the training received by itsemployees, and the minimum frequencywith which the initial training receivedby the employees must be reviewed. Inaddition, the proposed rules requiredfacility personnel to be familiar with thefacility's contingency plan.

Many of the comments received onthe proposed rules addressed the formatand content of the required trainingprograms. Some commenters suggestedthat the standards allow in-housetraining programs and on-the-jobtraining in place of the formal classroominstruction in hazardous wastemanagement required ii the proposedrules. Several other commentersrequested that the regulations specify'the type, length, and intensity of thecourses of instruction to be administeredto facility personnel.

The Agency agrees that formalclassroom instruction may not alwaysbe the best approach to training, andthat supervised on-the-job training is avalid substitute for, or supplement to,formal instruction. Accordingly, the finaltraining standards reflect the Agency'sacceptance of in-house trainingprograms and on-the-job training ad ameans of complying with the trainingrequirements. However, the content,schedule, and techniques to be used inthe on-the-job training program must bedescribed in the training recordsmaintained at the facility and will besubject to approval during the permittingprocess; Compliance with the programdescribed in-the training records is aseparate, enforceable regulatoryrequirement.

Given the variability in waste types,management processes, and employeefunctions at hazardous waste facilities,the Agency believes that it is neithernecessary nor desirable to rigidlyspecify training courses in regulations.However, the Agency is preparing atraining manual which will provide-advice on desirable types of instructionfor the various jobs carried out athazardous waste management facilities.

Several commenters were concernedthat the six-month period for complyingwith the training requirements maybetoo short, because there may be a

shortage of formal training programs inhazardous waste management.

The Agency believes that itsacceptance of.supervised on-the-jobtraining to achieve compliance with thetraining requirements will help to offsetthe problems caused by.a possibleshortage of formal training programs.Where formal programs are unavailable,a facility can use in-house trainingprograms and supervided on-the-jobtraining to provide the required training.Because the majority of the Phase Istandards are non-technical (e.g., themanifest and recordkeepingrequirements), the Agency believes thatmost training can be conducted in-house. When the Phase II standards arepromulgated, facility personnel willhave another six months from theeffective date of the Phase H standardsto acquire the expertise needed tocomply with the additional standards.Thus, the shortage in formal courses inhazardous waste managment should notcause facility personnel to miss thedeadline by which compliance with thetraining requirements-must be achieved.

Commenters suggested that the six-month "grace period" for untrainedemployees should not be extended toemployees hired after the effective dateof these regulations. Work and trainingschedules may-make that an impracticalrequirement, but the Agency hasdecided, for safety reasons, to requirethat untrained employees work only insupervised positions.

A number of commenters were alsoconcerned that the requirement fordetailed written job descriptions mightlead to union'grievances and arbitration.For this reason, the commenterssuggested that the standari be revisedto allow the job descriptions to bewritten in a manner similar todescriptions for other similar positionsin the same company location orbargaining unit.

It was not the Agency's intent 'tointerfere in labor-management issues.EPA's only interest in the jobdescriptions of facility personnel is toenable the Agency to determine if eachperson is receiving a level training thatis commensurate with the person'sduties and responsibilities. Since theAgency believes that the suggestedrevision of the recordkeepingrequirements will not diminish theRegional Administrator's ability to makethis determination, the standards havebeen revised according to thecommenters' suggestion.

Two other standards have now beenplaced with the training requirements.The first of these standards specifies thelength of time the facility must keeptraining records. This requirement was

proposed in the section of theregulations dealing with Manifest,Recordkeeping, and Reporting (§ 250.43-5). However, in order to reduce the needto cross-reference within theregulations, the Agency has decided toplace all of the recordkeeping standardswhich deal with training into the sectionof the regulations on training. Similarly,the elements of the facility's emergencyresponse procedures with which facilitypersonnel must become familiar havebeen incorporated into the trainingrequirements.

7. General Requirements for Ignitable,Reactive, or Incompatible Wastes. Asdiscussed earlier, the Agency has addedgeneral requirements for handlingignitable, reactive, or incompatiblewastes in § 265.17 of the interim stattisstandards. In the Phase II regulations,the Agency plans to amend Part 264 bymoving § 264.36 to a new § 264.17(a),and by adopting § 265,17(b) as a new§ 264.17(b). Therefore, the Agency willuse any comments on § 265.17 for thatpurpose also.

As the present definition ofincompatible wastes reveals, theproblems posed by incompatible wastesfall into two general areas. The firstcovers wastes which are incompatiblewith the materials containing thembecause they would corrode orotherwise cause the decay of thosematerials. The standdrds In thesubstantive regulations were drawnfrom the proposed standards for storagegenerally: tanks, containers, treatmentgenerally, basins, and chemical,physical, and biological treatmentfacilities, and now are applied to wastepiles as well, because they pose similarproblems. The Agency has chosenslightly different solutions to theseproblems for containers, tanks andtreatment facilities, and waste piles.These solutions are discussed in theseparate sections for these types ofequipment or facilities.

The second and broadest group ofproblems is the potential for the creationof harmful reactions or substancesduring the mixing of incompatiblewastes and the treatment of ignitable orreactive wastes. The proposed definitionofincompatible wastes, Appendix I toSubpart D of proposed Part 250, and theNote to proposed § 250.45(c) indicatedthat a variety of substances andreactions were of concern. The presentdefinition and substantive regulationshave been drawn from these proposedregulations with some modifications.

The regulations and Appendix V havebeen coordinated, as suggested in partby one commenter. Several standardshave'been deleted. The part of theproposed definition concerning the

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volatilization of ignitable and toxicchemicals has been partly subsumedinto the parts covering production offlammable or toxic fumes and gases. Asexplained elsewhere, further regulationof volatile waste is being postponed.The part of the proposed definitioncovering shock-sensitive, friction-sensitive, and similarly unstablesubstances has been deleted becausereactive substances are adequatelycovered in the sections dealing directlywith them, and there are few or nodamage incidents resulting from theproduction of such substances from non-reactive wastes. The detailed airemission formulas in the Note toproposed § 250.45(c) have beeneliminated in response to comments thatthe OSHA standards employed therewere not generally appropriate for thecircumstances of waste treatment,storage, and disposal facilities.

Finally, Appendix I to Subpart D ofproposed Part 250 indicated in Groups2-A and 2-B that toxic wastes wereincompatible with flammable orexplosive wastes because mixtures ofthem would release toxic substances infires or explosions. No comments werereceived on this standard, but theAgency is still considering whether andhow toxic and ignitable, flammable, orreactive wastes or materials should besegregated during treatment, storage, ordisposal in order to avoid the release oftoxic substances in case of fire orexplosion. Th6 problem is compoundedby the fact that some toxic substancesare themselves ignitable, flammable, orreactive. This portion of the Appendix(now Appendix V to Part 265) has beendeleted for the time being, and theAgency solicits comments on thisproblem.

Many commenters pointed out thatincompatible wastes such as acids andbases are frequently mixed so that theywill neutralize each other, and that thismay be done safely so that violentreactions are avoided. Consequently, theregulations have been modified to allowmixing incompatible wastes if thegeneral standards described below arecomplied with. In addition, contrary tothe contention of one commenter,materials other than wastes, sdch astreatment reagents or non-hazardouswastes, may be incompatible withhazardous wastes and are thereforeincluded in the incompatible wasteregulations. These requirements havebeen extended to storage facilities aswell as treatment and disposal facilities,because they can experience similarproblems when incompatible wastes aremixed. If facility operators mixincompatible wastes, they must

anticipate the reactions which mayoccur and the substances which may beformed, and control the mixing so as toavoid or control the reactions andsubstances produced.

The general standards in § 285.17(b)are intended to insure that severalundesirable results are avoided whenignitable or reactive wastes are handledor incompatible wastes are mixed.Extreme heat or pressure, fires orexplosions, violent reactions, anddamage to the structural integrity of thedevice or facility containing the wasteare clearly undesirable because of thelikelihood that they will cause or lead toinjury or death of facility personnel, andthe spread of toxic wastes into theenvironment. These standards wereuncontroversial. The production ofuncontrolled flammable fumes or gasesin sufficient quantities to pose the risk offire or explosion is undesirable forsimilar reasons. The creation ofuncontrolled toxic dusts, mists, fumes,and gases in sufficient quantities tothreaten human health is alsoprohibited, in order to protect bothfacility personnel and people off-site.The Agency is primarily concerned herewith gases such as chlorine, hydrogensulfide, and hydrogen cyanide, whichsome mixtures of wastes or wastetreatment processes may produce. Asexplained elsewhere, the Agency neednot rely on the Clean Air Act to regulateairborne emissions from hazardouswaste facilities.

Finally, because the possibleundesirable results from the mixing orhandling of wastes may be enormouslyvaried, the general regulations prohibitthe creation of conditions like the onesmentioned above which threaten humanhealth or the environment. Thisstandard requires ownets and operatorsof facilities to be aware of the possibleresults of treatment, storage, or disposalof ignitable or reactive wastes, and thecommingling of incompatible wastes, toavoid conditions which would posethreats to human health or theenvironment similar to the onesspecifically listed in the regulation.

The regulations on ignitable orreactive wastes are typically morerestrictive than those on incompatiblewastes. While incompatible wastesrequire attention primarily at the timethey are introduced into a facility ortreatment process, ignitable or reativewastes pose a continuing danger ofignition or reaction, and requirecontinuing protection from conditionswhich would cause them to ignite orreact. This is sometimes practical incontainers, tanks, and waste piles.However, since landfills, surface

impoundments, and land treatmentfacilities generally cannot be managedso that this protection is provided.ignitable or reactive wastes may beplaced in such facilities only if they aretreated before or immediately afterplacement in the facility so that they areno longer ignitable or reactive. Thisrelaxation of the complete bar in theproposed rule responds to commentsindicating that such treatment is notuncommon and should not beprohibited. The regulations require thatthis treatment meet the same standardsapplied to the mixing of incompatiblewastes.

The Agency is currently consideringadding another class of incompatiblewastes to these regulations. It woulddeclare incompatible those wasteswhich would solubilize or otherwisemobilize another hazardous waste orconstituent in a landfill, land treatmentfacility, or surface impoundment, andthus increase the likelihood that themobilized waste or constituent would beleached into ground water. Because thepotential scope of this concept is sobroad-even water could be consideredincompatible with many wastes-theAgency currently believes that it wouldbe most practical to implement such aregulation by listing only specified pairsof wastes as being incompatible. Thosecurrently under consideration are:

(1) PCBs and organic solvents,(2) Organic pesticides and organic

solvents, and(3) Metal-containing wastes and acids.The first material in each of these

pairs can be substantially mobilized bythe second, but may be relativelyimmobile in its absence. It thereforeseems prudent to dispose of such pairsin separate landfill cells, land treatmentareas, or impoundments. The Agencyrequests comment on this concept ofincompatibility, on these and otherpossible pairs of wastes which might belisted as incompatible under thisstandard, and on circumstances underwhich these wastes can safely becommingled in land disposal facilities.

C. Subpart C-Preparedness andPrevention and Subpart D-ContingencyPlan and Emergency Procedures

Section 250.43-3 of the proposed rulescontained three general types ofprovisions: (1] Requirements fordeveloping contingency plans foreffective action to minimizeunanticipated damage from thetreatment storage, or disposal ofhazardous waste; (2) requirements forpreparedness and prevention measuresto minimize the need for ever usingcontingency plans, and (3) requirementsfor emergency response measures to be

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taken during and after situations inwhich a contingency plan isimplemented. In the final rules,standards for preparedness andprevention have been made a separateSubpart because: (1) They containexplicit facility requirements (e.g., fireprotection equipment, and aisle space)which are independent of theimplementation of a facility contingencyplan; (2) it is more logical to discusspreparedness and prevention aspects offacility operations before dis.cussingplanning for and response toemergencies which may or may notoccur; and (3) placement of the threetypes of standards in'the same sectionin the proposed rules tended to beconfusing because the requirements fordeveloping and implementing thecontingency plan were interspersed witrequirements for preparedness andprevention. However, preparedness andprevention, contingency plans, andemergency response are all discussed inthis section of the preamble becausethey are closely related, and many of thEcomments received on theserequirements addressed all of themsimultaneously.

The final Part 264'and 265 Subpart Cprepd-redness and prevention rules are,intended to minimize the possibility ofand effect of a release, fire, or explosionwhich could threaten human health orthe, environment. They require thatfacilities have, where necessary,internal communications or alarmsystems, equipment capable ofsummoning external emergencyassistance from local agencies, firecontrol equipment, spill controlequipment, and decontaminationequipment. This equipment, whererequired, must be routinely tested, andmaintained in proper operatingcondition.

Subpart C also requires thatemployees operating the facility haveimmediate access to both internal andexternal communications systems,where these are required. In addition,where needed, aisle space must bemaintained to allow the unobstructedmovement of emergency equipment toany area of facility operation.Precautions to prevent accidentalignition or reaction of waste arespecified. And lastly, facility owners oroperators must attempt to makearrangements for local authority toprovide emergency support, where thisis appropriate.

The final Part 264 and 265 Subpart Dcontingency plan rules are intended tominimize hazards to human health andenvironment in the event of fires, -explosions, or any unplanned sudden or

non-sudden release of hazardous wasteto air, soil, or surface water. Thecontingency plan must include:

* A description of the plannedresponse to emergencies at the facility,

* Any arrangements with local andState agencies to provide emergencyresponse support, where needed,

o A list of the facility's emergencycoordinators,

* A list of the facility's emergencyequipment, and

* An evacuation plan, wherenecessary.

Rules for.distributing and amendingthe plan are specified, as is therequirement that a facility emergencycoordinator be either present, or on call,whenever the facility is in operation.

Provisions for emergency proceduresslecffied in Subpart D of the final rulesinclude:

- Immediate notification ofemployees, and local, State, and Federalauthorities of'any imminent or actualemergencies, -

e Immediate assessment of possiblehazards to the environment and humanhealth outside the facility,

* Measures to preclude the spread offires and-explosions to other waste,

" Proper management of residues," Rehabilitation of emergency

equipment and notification ofauthorities before operations areresumed, and

e Recordkeeping and reporting to EPAon the nature and consequences of anyincident that requires implementing thecontingency plan.

Commenters from many organizationssubmitted numerous comments on theproposed requirements for contingencyplans, preparedness, and emergencyresponse. Highlights of these issues arediscussed below:

1. Defer Regulations Until PermitIssued, Some commenters suggested thatthe contingency plan, preparedness, andemergency response requirementsshould be negotiated when a permit isissued, and thus should not apply tofacilities during the interim statusperiod.

The Agency sees no reason to delayimplementing these requirements until apermit is issued. Most of therequirements are explicit andstraightforward, and therefore, do notrequire negotiation with orinterpretation by the RegionalAdministrator before they can beimplemented. Those proposedrequirements which might have beeninterpreted as requiring negotiation withEPA, have been rewritten to eliminatethe need for interaction with the Agencyduring the interim status period. For thisreason, some of the final Part 265 rules

applicable during interim status arewritten differently than thecorresponding Part 264 rules.

2. Tailor Rules to Circumstances.Many commenters felt that the proposedcontingency plan, preparedness, andemergency response provisions shouldbe restructured to allow requirements tobe tailored to particular circumstances.In the same vein, other commenterscomplained that the proposed provisionswere overly restrictive for some types offacilities (e.g., facilities which handledonly "low" hazard waste, such as utilityboiler fly ash or waste oil).

The Agency recognizes that there aredifferent types of facilities handlingmany different kinds of wastes Inwidely differing circumstances withrespect to climate, proximity to people,etc. In the proposed rules, the "Notes"following certain provisions providedsome flexibility to account for thesedifferences. In the final rules, these"Notes" have been incorporated into theregulations. Further, the Agency hasexpanded the concept of case-by-casedetermination of appropriaterequirements with many revisionsthroughout the final rules to $rovidegreater flexibility. In addition,requirements specific to particularcircumstances (e.g., ignitable andreactive waste) have been clearlyidentified in the final rules.

3. Protection Inside Versus OutsideFacilities. Several commentersquestioned whether the proposedcontingency plan and emergencyresponse provisions were designed todeal with the potential for damage tohuman health and the environment bothinside and outside hazardous wastefacilities.

RCRA's mandate to protect humanhealth and the environment is notlimited to dangers occurring outsidehazardous waste management facilities.In fact, many of the damage cases citedin the background documents involvedeath or injury to facility personnel, aswell as threats to people outside thefacility.

The Agency is concerned about thehealth and safety of facility personnel,The RCRA Section 3002 regulations forwaste manifests and waste shippingcontainer labeling and marking, and theSection 3004 waste analysis, training,inspection, and facility design andoperation regulations, are designed,among other things, to reduce hazards tofacility personnel.

In addition, the RCRA contingencyand emergency response plans shouldinclude steps to respond to both internaland external threats. In designinginternal plans to respond to employeehealth threats, however, respondents

I I I I I I 1 I I II I I I I I II II II

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must recognize that primaryresponsibility for regulating workplacehealth and safety rests with theOccupational Safety and HealthAdministration of the Department ofLabor.

4. Delete Contingency Plan. Somecommenters felt that the provisionregarding the proposed contingency planprovision was unnecessary and shouldbe deleted, because the Spill Prevention,Control, and Countermeasures (SPCC)plan required by the Clean Water Actwould be sufficient to fulfill contingencyplanning requirements for hazardouswaste management facilities.

The Agency disagrees with thiscomment. The universe of facilitieswhich are currently required to have anSPCC plan is not identical to theuniverse of hazardous waste facilitiescontrolled under RCRA. Further, theproposed rules for RCRA contingencyplans are not identical to the SPCC planrequirements, and the SPCC plan is notan adequate substitute for RCRAcontingency plan requirements.However, the two plans can becomplementary. (See later discussion.)

5. Ground- Water Contamination.Commenters were concerned that theproposed rules seemed to address onlyacute emergencies, and argued that thecontingency plan should include theresponses to be taken if ground-watercontamination were detected.

The Agency agrees that the dischargeof any hazardous waste, whethersudden or non-sudden, is a potentialthreat to people or the environment, andtherefore, is of concern to the Agency.However, the Agency has concludedthat the ground-water monitoringregulations, rather than the contingencyplan regulations, are the appropriateplace to deal with contingency planningand response to ground-watercontamination incidents. The finalground-water monitoring rules includerequirements for evaluating ground-water analyses, and requirements forplanning and describing the responserequired where a potential ground-waterproblem is identified.

6. Implementation of the ContingencyPlan. Several commenters suggestedthat the final rules should make it clearthat the provisions of the contingencyplan need only be implemented in theevent of a discharge or release ofhazardous waste from the facility whichhas the potential for damaging humanhealth or the environment.

It was not the Agency's intention torequire facility owners or operators toinvoke their contingency plan wheninsignificant amounts of hazardouswaste are released (e.g., very smallspills or a leaking valve). The final rules

have been reworded to better reflect theAgency's original intent.

7. Submission of Contingency Plans.The proposed rules required that copiesof the contingency plan and anyamendments be filed, as soon as theywere prepared, with the RegionalAdministrator, and local agencies thatmight be called upon to provideemergency services. Also, thecontingency plan was to be submitted tothe Regional Administrator as part ofthe facility permit application. Manycommenters argued that facility ownersor operators should be required tomaintain contingency plans on file, butnot be required to submit plans andamendments to the RegionalAdministrator or to local emergency orhealth agencies. The commentersoffered the following reasons to supporttheir position:

SPCC plans are required to beavailable for inspection, but are notrequired to be submitted; RCRA planrequirements should be consistent withthis.

Contingency plans are amendedfrequently; it is burdensome to everyoneto file amended plans.

Local authorities may refuse to acceptplans; therefore, the rule isunenforceable.

Plans submitted to local authoritiesare relegated to obscure files; therefore,the rule is useless.

Similarly, some commenters felt thatcontingency plans should be filed withlocal authorities only when a release ofhazardous waste would require theirresponse or endanger those under theirprotection, or when a facility handles"extremely" hazardous waste.

The Agency believes that thecontingency plan requirement is animportant part of the overall RCRASection 3004 standards, and that EPAshould ensure that each facility has anacceptable plan. Because the Agencyaccomplishes this by requiring that acontingency plan be:

Prepared by each facility,Amended as necessary,Made available to EPA inspectors

during on-site reviews, or to theRegional Administrator when requested,and

Submitted to EPA as part of thepermit application, the Agency agreesthat contingency plans and revisionsneed not be submitted routinely to EPA.This approach is consistent with SPCCplan requirements, which are beingrevised to require that plans besubmitted to EPA only upon request ofthe Regional Administrator.

However, the Agency disagrees withthe commenter's arguments regardingthe need for local authorities to have an

up-to-date facility contingency plan. Thefinal rules require that the contingencyplan must be amended in the followingcases:

If there are revisions to applicableregulations (interim status);

If there are revisions to the facilitypermit (permitted status);

If the plan fails in an emergency;If there are changes in the facility

design, construction, operation,maintenance, or other circumstancesthat materially increase the potential forfires, explosions, or releases ofhazardous waste or change the responsenecessary in an emergency;

If there are changes in the person(s)qualified to act as facility emergencycoordinator;,

If there are changes in the emergencyequipment at the facility.

The Agency believes that all thesereasons for amending the plan areimportant, and that local authorities,where appropriate, have a need to knowabout these changes. The first four casescould involve significant amendments toa facility's contingency plan, but suchamendments should occur infrequently.The last two cases may occur moreoften, but the change and notificationrequirements are not burdensome.

The proposed rule required facilityowners or operators to file contingencyplans with local authorities. It did notrequire these authorities to accept them.The Agency believes that most localauthorities are responsible andcompetent, and that they rarely willreject facility plans or relegate them toobscure files. Nevertheless, if they dorefuse to accept a facility's plan, thefacility owner or operator will havecomplied with the rule if he candocument in the operating record that hesubmitted a contingency plan to localauthorities.

The proposed rules used the phrase.. . who may be called upon to provide

emergency services." This phrase meansthat a contingency plan need not be filedwith local authorities if the nature of thewaste handled at a facility, or if theinternal emergency responsecapabilities at the facility, are such thatlocal authorities will not be called uponto provide services either to the facilityor to people outside the facility. Thisprovision has been retained in the finalrules.

8. Confidential Information. Severalcommenters claimed that facilitycontingency plans frequently containconfidential information whichcompanies would insist not bemaintained in public files. Therefore, thecommenters felt contingency plansshould not be submitted to EPA (or byextension, to local authorities), but

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rather maintained on the facilitypremises open to EPA inspection.

The contingency plan must besubmitted to EPA with Part B of thepermit application under 40 CFR Part122, and will become a condition of anypermit issued. The permit regulationsstate that permit-related information,asserted to be confidential at the time itis submitted, will be disclosed by EPAonly in accordance with the proceduresin 40 CFR Part 2. Because thecontingency plan will be part of thepermit, portions of contingency plansasserted to be confidential will beavailable to the public only inaccordance with 40 CFR Part 2.As stated earlier, the Agency believesthat where appropriate to protect humanhealth and the environment inemergencies, it is vital that localauthorities have up-to-date facilitycontingency plans in their possession. Afacility's contingency plan need notcontain details of proprietary processesor operations. For this reason, theAgency does not believe thatcontingency plans often, if ever, need tobe confidential.

9. Insufficient Time for PlanSubmission. A few commenters statedthat: "Requiring the submittal of anSPCC plan as part of a [RCRA] permitapplication is unreasonable since thedevelopment of an adequate andeffective SPCC plan may require asignificantly greater period of time thanavailable between promulgation of the[RCRA] regulations and submissions ofa [RCRA] permit application."

As described in the preamblediscussion entitled "Interim StatusStandards", to qualify for interim status,.facilities must submit the Part A permitapplication to EPA within six monthsafter promulgation of the RCRA Section3001 regulations. They must submit PartB'of the permit application upon requestat a later.date.

The facility contingency plan must besubmitted with Part B, but is notrequired for Part A. Further, as notedabove, the RCRA contingency plan maybe merged with an existing SPCC plan,but the final rule does not require thatan SPCC plan be submitted as part of aRCRA permit application. Moreover, theAgency believes'that an acceptableRCRA facility contingency plan can beprepared within the six-month periodbetween promulgation of the RCRASection 3001 regulations and theeffective date of these regulations.Consequently, each facility owner oroperator is required to have acontingency plan on the effective-date ofthese regulations, and to submit it toappropriate local authorities, eventhough it is not required to be submitted

-to EPA until a later date, with Part B ofthe permit application.

10. Emergency Coordinator. Manycommenters felt it was unnecessary andburdensome for an emergencycoordinator to be present at all timeswhen a facility is in operation, as theproposed rules required. Somecommenters pointed out that "inoperation" can be interpreted to includepassive or automated situations, such asstorage in tanks or surfaceimpoundments, but that, the possibilitythat an emergency will occur duringthese situations is small. Thesecommenters suggested that the proposedrule should include a variance whereemergency situations are unlikely todevelop, or that therule be modified toallow an emergency coordinator to beon call, rather than present on-site.

EPA agrees that there are manysituations where the facility emergencycoordinator's presence on-site is notessential. However, the Agency believesan emergency coordinator should atleast be available (on call) to respondimmediately to emergencies at thefacility, initially by giving phoneinstructions to local authorities' andfacility personnel, but also by being ableto be on-the-scene within a short time.This arrangement should impose noundue burden.

Several commenters felt that no oneperson could be cognizant of, andresponsible for, all the duties of theemergency coordinator specified in theproposed rule. They suggested the rulebe modified to allow an "emergencycoordination team" under thesupervision of the facility'smanagement.

The Agency recognizes that theemergency coordinator's duties aremany and varied, and fully expects thatmany people with different disciplineswill be required to assist the emergencycoordinator in fulfilling these duties.However, based on analysis of pastemergencies, the Agency feels stronglythat there must be a single person incharge during an emergency with theresponsibility and necessary authorityto direct response measures. A "team"approach dilutes responsibility andauthority, and can lead to divisivenessor confusion under stress. Consequently,the Agency disagrees with these lastcomments and has retained theproposed approach in the-final rule.However, the final rule does notpreclude the use of a response team, aslong as one person has centralresponsibility over it.

11. Resuming Operations After anEmergency. The proposed rules requiredthe-facility's emergency coordinator to

-prohibit the facilit" from accepting any

waste which was incompatible withmaterial released during an emergencyuntil clean-up procedures werecompleted, emergency equipment wasrestored to pre-accident condition, andthe affected area was declared safe byEPA, State, or local officials. Onecommenter felt that the decision'that thefacility could safely resume operationsshould be the responsibility of thefacility emergency coordinator, ratherthan EPA or other government officials.

The Agency agrees that It would beunreasonable to require a formaldeclaration by government officials thata facility is safe to operate beforeallowing the facility to acceptpotentially incompatible wastes. It isquite possible that a release, fire, orexplosion could occur in one part of afacility without affecting the safety ofoperations in other parts of the facility.Thus, it would be unnecessary to keepthe whole facility from accepting awaste just because the waste may beincompatible with-the material releasedduring an emergency in one limited partof the facility.

However, EPA, State and localofficials have a responsibility to ensurethat human health and the environmentare protected. This is particularly truewhere a facility has had a release, fire,orexplosion of sufficient magnitude toinvoke the facility's contingency plan.The Agency believes that the owner oroperator should be required to notifyEPA and appropriate State and localauthorities that cleanup proceduresfollowing an emergency have beencompleted, before the part(s) of thefacility affected by the emergency beginto accept potentially incompatiblewaste. This notification will allow EPA,State, and local authorities to beinformed about the current status offacility operations.

D. Subpart E--Manifest System,Recordkeeping, and Reporting

The principal purpose of the manifestsystem, established in the Part 262regulations, is to track hazardous wastefrom its origin with the generator,through its trip with the transporter, toits disposition at a treatment, storage, ordisposal facility. The regulations inSubpart E of Parts 264 and 265 s~eclfyrequirements concerning the return ofthe manifest from the facility owner oroperator to the generator. Theserequirements form the last step in theinformation loop initiated in the Part 202manifest requirements for generators.

Subpart E of-Parts 264 and 265 alsoincludes requirements for recordkeepingand reporting. One purpose of theserequirements is to ensure that theregulated community complies with the

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hazardous waste regulations, byproviding the enforcement agency withsufficient information to monitor facilityoperations. A second purpose of therecords required in Subpart E is toensure prompt, proper, and effectiveresponse to emergencies, by providingfacility owners and operators, and localauthorities, with information whichallows them to accurately assess anyhazard posed to human health and theenvironment and to respondaccordingly.

The Agency received numerouscomments from manysources on theproposed rules for manifests,recordkeeping, and reporting. Somecomments raised general issuesapplicable to the entire Subpart; otherswere specific to the requirements foreither manifest, recordkeeping, orreporting. This preamble discusses thegeneral issues first, followed by asection-by-section analysis of thecomments specific to the three types(i.e., manifest, recordkeeping, orreporting) of Subpart E standards.

1. General Issues. a. Burden. Manycommenters felt that the proposedmanifest, recordkeeping, and reportingrequirements were excessive,particularly for small firms. They statedthat the requirements were unnecessaryand impractical-particularly inrequiring the various reports andsignatures of treatment, storage, anddisposal operators-and did notcontribute substantially to human healthand environmental protection. Othercommenters were concerned that thepaperwork associated with therequirements would be duplicative, andrequire additional personnel ingovernment and industry to process.

The Agency does not agree that theproposed manifest, recordkeeping, andreporting requirements imposed anunnecessary burden on the wastemanagement community. Numerous pastdocumented damage cases haveresulted from improper waste disposalin part because wastes were nottracked, and little liability orresponsiblity was assigned or acceptedby the waste generators, transporters, ordisposers. These requirements aredesigned to minimize the likelihood ofincidents like these occurring again. Tothis end, the Agency believes that thevarious records, reports, and signaturesof treaters, storers, and disposers arenecessary to allow EPA enforcementofficials to assign responsibility, andultimately liability, in cases whereproblems arise.

The Agency does not agree that theresulting paperwork will be duplicative.The Agency has made every effort toeliminate any duplication, and has

documented these attempts in theReports Impact Analysis, which wasdeveloped in respotise to the President'scampaign to reduce paperwork. Thetotal RCRA interim statusadministrative cost, including the cost ofcomplying with notification, manifest,recordkeeping, and reportingrequirements as well as otherrequirements such as inspections andpreparing closure plans, is estimated atabout 36 million dollars initially and 40million dollars annually thereafter.Considering that an estimated 72,000installations will be regulated under thisprogram, the Agency does not believethat, for the waste managementcommunity in general, the cost of thisaspect of the program will be excessive.

b. Class of Hazard. A few commenterssupported the reporting of detailedinformation on "truly" hazardouswastes, but added that, for other wastes,this information is not needed andwould not be of value.

The Agency agrees with the conceptthat information needs could vary withthe class or degree of hazard of a waste.As noted earlier in this preamble, EPA isdeveloping a class of hazard system forthe technical waste managementrequirements under the Section 3004regulations. The Agency believes,however, the final manifest,recordkeeping, and reportingrequirements are the minimumnecessary for any hazardous waste,regardless of class of hazard. TheAgency anticipates the possibility ofadding different recordkeeping andreporting requirements in the future forthe classes of highest hazard identifiedIn the new system.

2. Manifest System. The final rulesrequire owners or operators of facilitieswhich receive waste from off-site tosign, date, and return a copy of themanifest to the transporter immediately,and to the generator within 30 days ofreceiving the waste. Owners oroperators must also note significantdiscrepancies in the type or quantity ofwaste received, and notify EPA ifdiscrepancies cannot be resolved. Thissection of the preamble discusses themajor comments received on theproposed § 250.43-5(a) manifestrequirements.

a. Manifest Copies. The Agencyproposed a 30-day period for the facilityowner or operator to return the manifestto the generator in order to allow thefacility owner or operator to return themanifests at the iame time as he sendsmonthly bills to generators, thusreducing paperwork and postage costs.A number of commenters supported theproposed 30-day time period allowed fortransmitting the manifest as reasonable,

and argued that it should be retained to(1) allow an orderly return of manifests,(2) greatly reduce paperwork and thechances of losing one of the manifests,and (3] allow the generator to preparehis reports based on receipt ofsubmittals at expected times rather thanon a continuous stream of manifestsreceived at varying intervals.

A number of other commentersrequested that the time period beshortened to one day, or one or twoweeks, to (1) allow more effective andtimely follow-up on waste shipments, (2)give generators more time to completeexception reports, and t3) avoid losingdocuments. However, some commentersargued against requiring owners oroperators to immediately returnmanifests, claiming that this wasunreasonable because time would beneeded to check out any discrepancies,and record data from the manifest.These commenters felt a shorter returnperiod would not provide anyenforcement benefit, nor prevent illegaldumping.

Still other commenters recommendedthat the period be extended to allowmore time for recording data from eachmanifest for reporting.

After careful review of thesecomments, the Agency has decided toretain the proposed 30-day time periodallowed for returning manifests to thegenerator. The Agency believes that a30-day time period is reasonable, anddoes not preclude returning manifestswithin a shorter time period should agenerator insist upon it.

The final Part 282 rules require that, iffthe generator does not receive aproperly signed manifest within 45 daysof the waste's shipment to a hazardouswaste facility, he must make anexception report to EPA. Onecommenter suggested that owners oroperators should return manifests to thepermitting agency, rather than to thegenerator, to eliminate the need for thegenerator to make exception reports.Another commenter argued that theregulation should be flexible enough toallow manifests to be returned to eitheran authorized State agency or thegenerator, in order to allow States tobecome aware of exceptions earlier. Arelated comment argued that States withprograms that are adequate to identifymissing shipments should have theauthority not to require the manifest bereturned to the generator. Anothercommenter recommended that efforts bemade to reduce the number of copies ofmanifests that must be distributed andretained in order to minimize costs andspace requirements.

The Agency strongly believes that thewaste generator, rather than EPA.

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should be responsible for ensuring thathis hazardous waste actually arrives atthe intended facility. The miifestrouting system is designed to providethe generator with the feedbackinformation necessary to make thatdetermination. While this system mayrequire more copies of manifests to bedistributed and maintained than wouldbe th& case in other systems, it willresult in more timely and effectivediscovery of errant shipments and allowprompt enforcement actions. Therationale for the EPA manifest system isdiscussed in more detail in the Section3002 Background'Document.

b. Manifest Discrepancies. Proposed§ 250.43-5(a)(4) required that owners oroperators notify the RegionalAdministrator immediately when thereis a discrepancy between the type orquantity of waste designated on themanifest, and the type or quantity ofwaste actually received at the facility.Several commenters felt that theproposled rule would result in theAgency being inundated withunnecessary paperwork, resulting fromfacilities reporting inadvertent orunimportant errors. They suggested thatthe Agency specify allowable deviationswhich would not require submitting adiscrepancy report to the RegionalAdministrator.

The Agehcy agrees that it isreasonable to set limits which would notroutinely trigger discrepancy findings,but which also do not allow excessiveamounts of hazardous waste to beunaccounted for.

Many factors entered into the decisionregarding the limits to set on thevariation in amounts of waste whichwould trigger a discrepancy notationand report. Because of the limits on thesensitivity and calibration of weighingscales, as well as possible variations involume and density measurements, itwould seem reasonable to allowrelatively large errors for bulkshipments, such as 5 to 10 percent.Further,.the Agency does not wish to beswamped with discrepancy-reports as aconsequence of setting the discrepancylimits too tightly.

Consequently, for the final rule, theAgency has selected an allowablediscrepancy limit of 10 percent in weightof the manifested waste amount for bulkshipments. This limit, however, does not,apply to batch shipments. A discrepancyof one drum in a shipment is sufficientcause for the facility owner or operatorto start follow-up procedures in the finalrules. The Agency decided to apply adifferent limit to batch shipments-eventhough the Agency recognizes that the -amounts of waste involved can varyconsiderably-because such

discrepancies can be detected by a.simple count.

Another kind of possible discrepancybetween the waste manifest and theactual shipment is a difference in thechemical or physical nature of thewaste. The Agency's intention in thisrespect is to have facilities flag obviousdifferences in waste type (such as wastesolvents received instead of the wasteacids listed on the manifest), as opposedto more subtle changes, such as part-per-million variations in theconcentrations of heavy metals within asludge. The Agency wishes to ensurethat a facility is properly equipped to.handle the wastes it receives, and is notsubject to surprises in waste typeintroduced by.mistake or on purpose bywaste generators or transporters. TheSubpart B requirements for wastesampling and analysis should, in mostcases, ensure that facilities discoverobvious differences in waste type.

The Agency believes that a distinctionshould be made between discovering adiscrepancy and reporting thediscrepancy. The Agency believes thatthe facility owner's or operator's logicaland reasonable response, upondiscovering a discrepancy in wasteamount or type is for him to contact thewaste generator, and the transporter if'necessary, and try to resolve thediscrepancy. Therefore, the final rulesnow specify that discrepancies shouldbe reported to EPA only if they cannotbe resolved satisfactorily. By so doing,the number of discrepancy reports canbe reduced, and the reports submitted tothe Agency will focus on trulysignificant discrepancies.

Several commenters felt that theproposed requirement for immediatediscrepancy reporting was too stringent.They asked that a time limit be set toreport discrepancies, because more timemight be needed to determine that adiscrepancy in fact exists. Somecommenters suggested that a time limitof 10 working days would make thesystem more efficient. Othercommenters suggested that a morepractical requirement would be 30 daysfrom receipt of the shipment.

The Agency agrees with thecommenters that the regulations shouldspecify a time frame for reportingdiscrepancies to the RegionalAdministrator. All discrepancies shouldbe discovered soon after the wastearrives at the disposal facility.Discrepancies in amount should befound at the weighing station or wastereceiving area before the facility owneror operator signs the incoming manifest.Discrepancies in type can-be discoveredby inspecting the waste, in some cases,

or by sampling and analyzing the waste,which usually takes a few hours,

The Agency expects that the facilityowner or operator will attempt toreconcile most potentially reportablediscrepancies through telephonecoiversations with the waste generatoror transporter. It should be possible tocheck records, etc., and providefeedback in a matter of days, evenincluding mailing time. Consequently,the Agency believes that it is possible todiscover and reconcile discrepancieswithin 15 days of receiving the waste atthe disposal facility. The final rules,therefore, specify that within 15 daysafter receiving the waste, unresolvedsignificant discrepancies and attemptsto reconcile them must be reported in aletter to the Regional Administrator,with a copy of the manifest at issue,

A commenter suggested that if thereare discrepancies in the manifest, thehazardous waste should not be accepteduntil the generator or transporterreconciles the discrepancies.

The Agency agrees in principle thatsignificant discrepancies in the manifestshould be reconciled between thegenerator or transporter and thedisposer. However, the Agencydisagrees with the suggestion that theAgency require that the waste not beaccepted by the disposer. In theAgency's view, it is more protective ofhuman health and the environment forwastes to be accepted by a responsibledisposer, and properly managed whilereconciliation is attempted, rather than'for the waste to be rejected with thepossibility that it may then beimproperly disposed elsewhere.Consequently, the suggestion has notbeen adopted in the final rule. However,the disposer is not obligated by theseregulations to accept the shipment Ifthere is a significant discrepancy inquantity or type.

c. Manifest Retention. Proposed§ 250.43-5(b)(6) required the owner oroperator of a facility acceptihgdeliveries of hazardous waste from off-site sources for treatment, storage, ordisp6sal, to retain for three years a copyof each manifest or delivery document,as certified by the generator,transporter, and owner or operator ofthe facility. This rule has been moved,from the recordkeeping section to themanifest section of the final rules Inorder to consolidate all manifest-relatedrequirements in one location within therules.

One commenter stated that allfacilities accepting waste should retainall manifests for the duration of thefacility's operation, rather than for onlythree years. The commenter argued thatproblems at Love Canal surfaced 25

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years after the last recorded use of thedump, and that three years is too short aperiod for recordkeeping, consideringthe longevity of many hazardousmaterials and their potential threat tohuman health and the environment.

The Agency agrees that records of allhazardous wastes handled at a facilityshould be kept until facility closure.However, the Agency does not agreethat all hazardous waste manifests needbe kept on file for that long a period.

The Agency anticipates both short-range and long-range uses for hazardouswaste records. Retaining manifests for athree-year period is sufficient for themajority of enforcement cases involvinggeneration and transportation ofhazardous waste, which will likely bediscovered and acted upon within thatperiod. Thus, the Agency has specified athree-year retention period for manifestsin the rules for generators (Section 3002)and transporters (Section 3003), as wellas in these rules for facility owners oroperators. For longer-range uses, such asresponding to Love Canal-typesituations, the facility recordkeepingrules require owner or operators toretain records (but not necessarilymanifests) of all hazardous wastehandled at the facility until facilityclosure. However, that requirementallows the owner or operator theflexibility to design a recordkeepingsystem suitable to the specific needs ofhis operation. Larger facilities may useautomatic data processing systems.Smaller facilities may choose to retainmanifests as the basis forrecordkeeping.

In addition, the Agency will receiveand retain reports which summarize thewaste transported to each facility. Thesereports will contain a description of thewaste, the quantity of the waste, and thenumerical identifier of the generator ortransporter. In this way, the Agency willbe able to review and summarize thedata on the annual reports for aparticular facility, should anyemergency or slow release problemarise at the facility after the manifestshave been destroyed.

3. Recordkeeping. The final rulesrequire facility owners or operators tokeep records of the type and quantity ofeach hazardous waste received and howthis waste is treated, stored, ordisposed. Also, records are to be kept onthe location of waste, waste analyses,inspections, personnel training,monitoring results, incidents that requireimplementing the facility contingencyplan, and cost estimates for closure andpost-closure care. This section of thepreamble discusses the major commentsreceived on the proposed § 250.43-5(b)recordkeeping requirements.

a. Congressional Intent. A commenterclaimed that the proposedrecordkeeping requirements werecontrary to Congressional intentbecause manifests are not required foron-site diposal of hazardous waste, yetthe information required to be kept bythe proposed regulation wassubstantially identical to theinformation on a manifest.

The Agency disagrees thatrecordkeeping at on-site facilities iscontrary to Congressional intent.Section 3004(1) of RCRA whichmandates recordkeeping at hazardouswaste facilities, makes no distinctionbetween on-site and off-site facilities.The manifest is primarily a wastetransport tracking and controldocument. Recordkeeping requirementsfor facilities are independent of themanifest and serve different purposes.The core information which appears onthe manifest, e.g., origin, quantity, andtype of waste, is also necessary forrecordkeeping purposes.

b. Operating Record. A commentersuggested that the proposed term"operating log" be changed to the term"operating record" to allow the use ofautomatic data processing systems.

The Agency agrees that the use of anADP system is consistent with therecordkeeping system flexibilityintended by the proposed regulations.Further, the large area of some facilities,and the variety of functions performedat some facilities, make it very unlikelythat all required information would berecorded in one operating log at onlyone location. In writing the proposedrules the Agency assumed a number oflogs, or records, would be maintained ata site. All such records at a facilitytaken together would then constitute thefacility's operating log.

The term "operating record" moreaccurately reflects the Agency'sintentions and expected commercialpractice, than does the term "operatinglog." The Agency has therefore changedall references in the final regulationsfrom "log" to "record."

c. Warrantless Inspections. Acommenter, relying on Marshall V.Barlow's, Inc., 413 U.S. 266 (1978),suggested that the proposed requirementthat the operating record be open to anyduly designated employee or agent ofthe Agency authorized warrantlessadministrative inspections without theconsent of facility's owner or operator.

EPA's information-gathering activitiesunder RCRA Section 3007 are subject tothe Fourth Amendment's protectionagainst unreasonable searches asenuniciated by the Supreme Court inMarshall V. Barlow's, Inc., supra. Itshould be noted that the Supreme Court

in Barlow's, quoting Almeida-SanchezV. United States (413 U.S. 266, 271),emphasized that:

A central difference between those cases[involving warrantless searches ofpervasively regulated industries] and this oneIs that businessmen engaged in suchFederally licensed and regulated enterprisesaccept the burdens as well as the benefits oftheir trade whereas the petitioner here wasnot engaged in any regulated or licensedbusiness. The businessman in a regulatedindustry In effect consents to the restrictionsplaced on him.EPA's exercise of its Section 3007authority will be conducted in a mannerconsistent with the decision.

d. Nomenclaiure for WasteInformation. One commentercomplained that proposed § 250.43-5[b](2)(i)(A), which required using DOTor EPA waste descriptions in theoperating record, was confusing.

The Agency allowed the use of DOT,as well as EPA nomenclature, todescribe waste on the proposedoperating record, because the manifest,which contains much of the informationneeded to fill in the record, describeswaste using DOT nomenclature. TheAgency thought that providing theflexibility of using either the Agency's orDOTs terminology in the operatingrecord, would be the most cost-effectiveand least burdensome method forrecording waste managementinformation.

In retrospect, the Agency nowbelieves this was not the best approach.The proposed Section 3004 rules forrecordkeeping applied to both on-siteand off-site facilities, although separaterules for on-site facility reporting werecontained in the proposed Section 3002rules. On-site facilities do not usemanifests, and thus recordkeeping basedon DOT nomenclature is not appropriatefor these facilities. Therefore, to simplifythe rules, and to avoid confusionbetween on-site and off-site facilityrecordkeeping requirements, the Agencyhas decided to use EPA nomenclaturefor all facility recordkeeping andreporting.

4. Reporting. The final rules requirefacility owners or operators to file anannual report summarizing the type andquantity of each hazardous wastereceived, and how this waste is treated,stored, or disposed of at the facility. Inaddition, owners or operators arerequired to make reports to the EPARegional Adminstrator within 15 daysafter wastes are received without amanifest; incidents such as fires,explosions, and releases; and problemsdetected via ground-water monitoring.

Reporting requirements for facilityowners or operators that generate and

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dispose of their waste at the same -location (i.e., on-site disposers) werespecified in the proposed Section 3002rules. Because these rules were nearlyidentical to those specified in theproposed Section 3004 reportingrequirements, the Agency hasconsolidated the reporting requirements'for both on-site and off-site facilities in-these final Section 3004 rules.

This section of the preamble discussesthe major comments received on theproposed § 250.43-5(c) reportingrequirements.

a. Joint Filing of Reports. Commenterssuggested that firms with more than onesite should be allowed to submit reportsfor all sites. Another commenter felt theregulations should allow for anassumption of duties contract betweenthe generator and the facility owner oroperator whereby legal responsibilityfor complying with the generatorreporting requirements can be allocatedto the owner or operator.

If a corporate headquarters 'maintainsthe records for the various facilities itcontrols, both the proposed and finalrules allow the firm's headquarters tosubmit reports for each of its facilities.

The Agency cannot prohibit owners oroperators from assuming responsibilityfor the generator's reporting if theychoose to do so. Contract law provides -the mechanism for owners or operatorsto assume these responsibilities. If,however, the generator's contractedduties are not performed, the generatorwill be held responsible for notcomplying with the RCRA reportingrequirements.

b. Submission of the AnnualReport.The proposed rules required that thefacility's annual report be sent to theRegional Administrator within fourweeks after the closing date of thereporting year. Some commenters feltthat this turnaround time was too shortbecause-

(a) Most large firms will require morethan four weeks to prepare the annualreport;

(b) The paperwork burden of thereport is so great that the facility willhave to stop operations in order tocomplete the report if the requiredturnaround time is only 30 days; and

(c) Four weeks does not allowsufficient time for recent manifests to bereturned.

The Agency agrees that it-may takemore than 30 days to compile theinformation needed to complete thefacility annual report. The owners oroperators of both on-site and off-sitefacilities may be generators ofhazardous waste sent elsewhere, as wellas disposers of hazardous waste. ToAllow waste generators sufficient time to

collect all manifests in order to file theirannual report, the final Section 3002'rules allow 60 days, rather than 30 days,from the end of the calendar year to filethe annual report. In order to beconsistent with the reportingrequirements for waste generators, andto avoid unnecessary confusion byspecifying separate deadlines forgenerators and facilities, the deadlinefor submitting the annual report for allwaste managment facilities has alsobeen extended to 60 days.. c. Certification Statement. The

proposed rules required that facilityowners or operators sign on the annualreport form a statement which certifiedthat the informatiofn on the form wastrue, accurate, and complete. Severalcommenters objected to the proposedwording of the certification statement onthe report form. They suggested that thephrase "to the best of my knowledge" be'inserted, and the word "personal" bedeleted, from the certification statementbecajise:

(a) The person signing the certificationmay not have compiled the actualinformaiion reported, and thus, will nothave personal knowledge of each of themany pieces of information-reported,and

(b) The proposed wording of thestatement places the individual whosigns the report in the position of beingcriminalfy liable for errors beyond hiscontrol. In many instances, an errorcould be made even though there was agood faith effort to submit accurateinformation.

These commenters also felt that thesentence "I am aware that there aresignificantpenalties for submitting falseinformation, including the possibility offine and imprisonment." should bedeleted from the statement. Theyclaimed that the sentence wasunnecessary, because it is evident thatanyone who knowingly submits a falsereport-to the Federal government issubject to significant penalties.

The Agency agrees that thecertification statement should reflect, tothe extent Possible, the signer's personalknowledge of the truth, accuracy, andcompleteness of the submission. Theowner or operator or his authorizedrepresentative may not have firsthandknowledge of the truth, accuracy, andcompleteness of the informationsubmitted. Accordingly, the Agency has

'changed the certification statement onthe annual report to require the owneror operator or his authorizedrepresentative to state that "based onmy inquiry of those individualsimmediately responsible for obtainingthe information, I believe that theinformation is true, accurate, and

complete." This formulation, adoptedfrom EPA's NPDES regulations,recognizes both the limits of the signer'spersonal knowledge and the Agency'sneed for accurate and completeinformation. It allows the owner oroperator to respond on the basis of hisbelief, but sets forth precisely what thebasis of that belief must be.

The Agency disagrees with acommenter's suggestion that EPA deletefrom the certification statement: "I am.aware that there are significantpenalties for submitting falseinformation, including the possibility offlre and imprisonment." The Agencyincluded this sentence in the statementto impress upon the signer the necessityfor submitting complete and accurateinformation. The Agency believes thatsome owners or operators may notrealize that the knowing submission offalse information to EPA may subjectthe signer to significant penalties.Therefore, the sentence has beenretained in the certification statement Inthe final rules.

d. Unmanifested Waste Report, Theproposed rules required owners oroperators to file a quarterly report to theRegional Administrator describinghazardous waste received at the facilitynot accompanied by.a manifest, unlessthe waste was not required to be'accompaned by a manifest because ofthe exclusions provided in the Section3002 rules.

Some commenters felt theunmanifested waste reportingrequirement should be deleted becauseit was burdensome, unnecessary, andsubmitted so infrequently as to make theinformation of little or no value to theAgency.

The Agency disagrees that theinformation contained in the report Isuseless. Because of the uncertaintyassociated with unmanifestedhazardous waste, the Agency wants toknow as much as it can about the waste,as soon as possible. Prompt submissionof the details regarding unmanifestedwaste will enable the Agency to ensurethat the facility is managing the waste(with which the facility may havelimited management experience) in anappropriate manner. It will also allowthe Agency to detect any suspiciouspatterns of unusually high incidences ofunmanifested waste in particular areas.

However, the Agency does agree thatthe reports will be more useful forenforcement purposes if they aresabmitted soon after the unmanifestedwaste is received. Therefore, in the finalrules, the report is required to bereturned to the Agency within 15 days ofthe date the waste is received at thefacility. The Agency does not believe

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that requiring a 15-day turn-around timefor these reports will be burdensome.This is because it is illegal to transporthazardous waste without a manifest,and thus, the incidence of unmanifestedwaste arriving at a facility-and theattendant need to fill out a report forthese wastes-should be infrequent.

Small quantities of hazardous wasteare excluded from regulation under thisPart and do not require a manifest.Where a facility receives unmanifestedhazardous wastes, it may be difficult forthe facility owner or operator todetermine whether an unmanifestedwaste report should be filed. In suchcases, the Agency suggests that theowner or operator obtain from eachgenerator a certification that the wastequalifies for exclusion. Otherwise, theowner or operator should file anunmanifested waste report for thehazardous waste movement.

E. Subpart F-Ground-WaterMonitoring

The Agency received manycommentson the ground-water and leachatemonitoring portions of the proposedregulation. Based on these comments theAgency has made substantial changes inthese interim status regulations. Inparticular the regulations have beenchanged to require ground-watermonitoring at surface impoundments,landfills, and land treatment facilities.The proposed interim status regulationrequired ground-water monitoring onlyat those surface impoundments andlandfills where a ground-watermonitoring system was already in place.EPA has decided, therefore, to issue thisSubpart as "interim final" to provide anopportunity for further public commenton this portion of the regulation.

The proposed regulation requiredleachate monitoring in addition toground-water monitoring at landfills andsurface impoundments. Such a systemwas to collect leachate samples in thezone of aeration between the watertable and the primary liner or naturalsoil barrier of the disposal facility.Variances were allowed for owners oroperators who could demonstrate thatan alternative leachate monitoringtechnique would detect leaks aseffectively as the prescribed system.

Many commenters raised objectionsto the leachate monitoring requirement,arguing that it was expensive, redundantand technically infeasible. Somecommenters suggested that leachatemonitoring be used in lieu of ground-water monitoring or that the RegionalAdministrator have the option to waiveleachate monitoring for specific facilitylocations or designs. The mostfrequently mentioned comment was that

it was virtually impossible to installleachate monitoring systems at existinglandfills and surface impoundments.

While EPA still believes that leachatemonitoring can be an effective anduseful detection device in addition toground-water monitoring, the Agencyhas decided not to require leachatemonitoring during the interim statusperiod. This decision is based on thetechnical problems associated with sucha system at landfills and surfaceimpoundments. Monitoring of leachatein the aeration zone has not been widelyused to date. EPA is aware of researchinvestigations on the use of lysimetersand other techniques to monitorleachate, but is not aware of anyapplications of aeration zone monitoringbeneath a full-sized disposal facility todetermine whether the facility isleaking.

Available leachate monitoringtechnology generally involves theplacement of probes (lysimeters)beneath the disposal facility. Since eachprobe is not generally capable ofmonitoring a large area, many of themwould have to be placed under a facilityin order to detect a localized flaw in thelandfill design. It may not be possible toplace such devices below an existinglandfill or surface impoundment withoutcompletely removing the waste and re-designing the facility. Moreover, oncesuch a system is in place, the probestend to fail over time due todeterioration or plugging. It is difficult todetermine when such a failure occursand, if discovered, the damage isgenerally irreparable. Under thesecircumstances EPA does not believe thatleachate monitoring should be a generalrequirement for landfills and surfaceimpoundments during interim status.The Agency will continue to examinethe appropriateness of leachatemonitoring at new landfills and surfaceimpoundments. Depending upon theresults of these studies, the Agency mayinclude leachate monitoringrequirements in the Phase II or Phase Illregulations.

At land treatment facilities, however.soil pore water monitoring (theequivalent of leachate monitoring) isfeasible, even at existing facilities. Sucha system can provide valuableinformation on the effectiveness of theland treatment processes occurring inthe soil. However, it is no substitute forground-water monitoring fordetermining actual contamination ofground water. This requirement isdiscussed in more detail in the "LandTreatment" portion of this Preamble.

EPA believes that a reliance onground-water monitoring, instead ofleachate monitoring, at landfills and

surface impoundments will adequatelyprotect human health and theenvironment. As will be described later,the monitoring system required for allsuch facilities relies on testing forindicator parameters at the edge of thewaste management area Such a schemeshould give the owner or operator, aswell as EPA, a relatively promptindication of any leakage from thefacility into ground water

The following is a discussion of thespecific elements of the interim statusground-water monitoring requirements:

1. Applicability. The proposedregulations specified a minimum ground-water monitoring system. capable ofdetecting and identifying hazardouswaste or its constituents if they enteredan underlying aquifer in sufficientquantities to cause a "significant'change in ground-water quality.

The proposed regulation contained avariance to the effect that a ground-water monitoring system would not berequired, or a leser degree of ground-water monitoring could be used. if theowner or operator could demonstrate, atthe time a permit was issued, thatgeologic and hydrologic conditionsunderlying the facility indicated nopotential for discharge to ground water.Some commenters argued that thecurrent state of knowledge aboutground-water monitoring is too limitedto serve as a basis for regulation. Themajority of commenters discussing thissection, however, focused on thevariance provision, suggesting that itallow consideration of a variety offactors. These included the existingsuitability of the aquifer as anunderground source of drinking water,waste characteristics, expense ofmonitoring and facility design.

Some commenters suggested relaxingthe variance by changing '!no potential"to "low potential". Some thoughtmonitoring should be required only overan underground source of drinkingwater. Other commenters suggested thatfor deep water tables, as in the West. avariance or alternative monitoringtechnique would be appropriate.

These final interim status regulationsrequire owners and operators toimplement a ground-water monitoringprogram, including the installation,operation, and maintenance of amonitoring system specified in theregulations. The program must becapable of determining the facility'simpact on ground-water quality in theuppermost aquifer underlying thefacility. While EPA acknowledges thatground-water monitoring is complicatedand that the current state of knowledgewill continue to be improved, adequatemonitoring methods for detecting

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contaminant migration are available. In,light of the crucial role which suchmonitoring Rlays in the assessment ofenvironmental damage, a ground-watermonitoring program must be a basicelement of any disposal activity. TheAgency will continue to refine theseregulations as the state of the'technology improves.

In focusing on the uppermost aquifer,'EPA does not mean to suggest that it isunconcerned about contamination ofdeeper aquifers. The monitoringprogram seeks to detect contaminationof the uppermost aquifer because thatwill be the first ground water to be -affected by a leaking disposal facility. Ifan owner or operator knows, or wishesto assume, that his facility iscontributing hazardous wasteconstituents to the ground water, theregulations allow him to install and,operate a ground-water monitoringsystem other than the indicatorparameter monitoring system discussedbelow. In this case he must implementthe ground-water quality assessment "program discussed in detail later.

In these final interim statusregulations, the Agency has Againincorporated a variance within theground-water monitoring requirement.As the commenters suggested, a lesserdegree of ground-water monitoring willbe allowed in those circumstanceswhere an owner or operator candemonstrate to the RegionalAdministrator that there is a lowpotential for hazardous Wasteconstituents to migrate to water supplywells or to surface water via theuppermost aquifer. (Migration via theuppermost aquifer includes migrationthrough such an aquifer to a deeperaquifer hydraulically coihnected to Watersupply wells or surface waters.) Acomplete waiver of monitoring is onlyavailable when the owner or operatorcan demonstrate that there will be nopotential for migration to water supplywells or surface water.

An owner or operator who wishes toinstall a lesser degree of monitoringmust document the justification for suchan approach. That writtendemonstration must be certified by aqualified geologist or geotechnicalengineer, kept on the facility premises,and, during interim status, provided tothe Regional Administrator upon hisrequest. Such a demonstration tosupport a lesser degree of monitoringmust include an evaluation of (1) awater balance of precipitation,evapotranspiration, runoff andinfiltration; (2) characteristics of thesaturated and unsaturated zones; and

(3) the proximity of the facility to watersupplies or surface waters.

The Agency does not believe thataquifers underlying the facility that donot qualify as underground sources ofdrinking water should be exempted frbmconsideration. Such aquifers may haveother uses worthy of protection, or maybe hydraulically connected to otherwater supply wells or surface watersneeding protection.

RCRA's goal of protecting humanhealth and the environment does notallow the Agency to reduce the basicmonitoring requirements simply becauseof the cost. EPA has also rejected aconsideration of the nature of the wasteand the facility design as a basis forreduced monitoring requirements. EPAdoes not believe that the state ofknowledge about hazardous wastes andfacility designs is sufficiently certain tojustify reductions in the basicmonitoring system during interim status.

2. Ground- Water Monitoring System.The proposed regulation required theinstallation of at least four wells. Atleast one well was to be locatedhydraulically upgradient to' yieldsamples of background ground-waterquality. At least three were to belocated hydraulically downgradient inorder to detect migration from thefacility. One of the three wells had to belocated at the solid waste boundary.The downgradient wells were to beplaced at different depths in order todetect potential migration. Owners andoperators were required to case theirwells and backfill the annular'space in'order to prevent migration of waterdown the well bore. The most frequentcomment received on theserequirements requested a more flexibleapproach to ground-water monitoring.Commenters were concerned that theAgency was proposing rigidrequirements which would be toodifficult to implement, considering thehighly variable nature of subsurfaceconditions. They expressed concernover the required number, placement,and depth of wells arid suggestedvarious options.

Several commenters discussed therequirementfor a minimum number ofwells arguing that the number of wellsneeded will vary with conditions suchas the hydrogeology of the area, the sizeof the facility, and the configuration ofthe waste management area. Somecommenters believed that the proposedminimum number of wells was adequatewhile others suggested one, two or morethan three wells.• These final r~guldtions require thatthe owner or operator drill a sufficientnumber of wells to characterize thepotential contamination of ground-water

quality caused by his hazardous wastefacility. On the upgradient side of thewaste management area this means thatthere must be enough wells (at leastone) to characterize background ground-water quality in the uppermost aqufior.The owner or operator must assure thatthe upgradient samples represent truebackground conditions and are notcontaminated by the facility.- There must also be a sufficientnumber of downgradient wells toprovide representative samples capableof detecting migration of hazardouswaste constituents from the facility. EPAhas retained its requirement that aminimum of three wells should bedrilled at the downgradient side of thewaste management area. This numberwas recommended to the Agency byseveral respected groups familiar withground-water monitoring at disposalfacilities. The public comments did notpresent a specific rationale for any otherminimum number of wells.

While the Agency has maintained Inthe regulations the requirement for aminimum of three wells, it expects thatmany facilities will have to drill morethan three wells because of the size ofthe facility or because of the complexhydrogeology below the facility.Ultimately the burden Is on the owner oroperator to develop the monitoringsystem necessary to accuratelycharacterize the aquifier and detectmigration. It should be recognized thatan owner or operator that can present aconvincing case for a lower number ofwells has the option of justifying andinstalling such lesser monitoring underthe terms of § 265.90(c) of thisregulation.

Some commenters suggested that EPAspecify a spacing interval and maximumor minimum depths for monitoring wells.Other commenters sought moreflexibility in the standards, particularlyin defining well depth, to allow forconsideration of site-specific factors.EPA believes that the spacing and depthof wells should depend on the particularpattern of ground-water flow below afacility, making it extremely difficult tospecify national minimums or"maximums in this area. Thus the Agencyhas decided to leave the spacing anddepth of wells up to the owners andoperators. They will have to be able tojustify their selection of a monitoringsystem in light of the particularhydrogeology below their facilities.

Commenters also suggested that theplacement of monitoring wells betweenthe waste boundary and the propertyboundary be a matter for owner oroperator discretion. Two objectionswere raised to placement of wells at thesolid waste boundary. First, commenters

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argued that such placement wasredundant in light of the requirement forleachate monitoring. Second,.commenters suggested that if wells wereplaced close to the active portion of thefacility, leachate that moved laterally inthe soil below the facility would enterthe annular space around the monitoringwell and quickly pass into the ground-water.

EPA believes that the monitoringwells should be placed as close to thewaste boundary as possible in order togive a prompt indication of ground-water contamination. This isparticularly important since leachatemonitoring has been deleted. Ifsignificant ground-water contamination.occurs before detection, the difficultiesof corrective action are made all themore severe. Therefore it is appropriateto place monitoring wells at the edge ofthe waste management area to provideearly detection.

EPA does not believe that theplacement of wells required in thisregulation presents a significant riskthat monitdring wells will becomeconduits for leachate passing to ground-water. EPA expects that most of theleachate flow will be vertical ratherthan horizontal. In addition, theregulation calls for monitoring at theedge of the waste management arearather than under the solid waste. itself.This is to eliminate any suggestion thatthe wells should be drilled through anynatural or artificial barrier that maycontain the waste. The problem ofmigration of leachate will be reduced byplace monitoring wells outside of anysuch containment barrier. Lastly, theregulations call for backfilling of theannular space around the monitoringwell casing, which should reduce therisk of the "conduit" problem.

The few comments that addressed therequirements for casing wells andbackfilling the annular space generallysought further clarification of theAgency's intent for the requirement. Onecommenter suggested that the term"casing" be clarified. Other commenterssuggested design measures, such asgravel or sand packing, that wouldimprove the well's capacity to providerepresentative samples. Anothercommenter suggested that EPA deletethe requirement that backfill be"impermeable" because no backfillmaterial is truly impermeable.

Generally EPA believes that thisprovision should be more performance-oriented. Thus the final Part 265regulation specifies that the casingconstruction and any necessary gravelor sand packing should be directedtoward the objective of collectingsamples at the appropriate aquifer flow

zone and of protecting the integrity ofthe bore hole. An open hole would notprovide such assurances and thus it isclear that some well pipe structurecapable of drawing samples at selecteddepths is required. Likewise backfillingshould be directed at assuring thesamples and the ground water itself arenot contaminated, rather than thequestion of whether particular materialsare truly impermeable. The regulation,therefore, has been changed to makeclear that those are the objectives of thewell design provision. Finally, theseregulations do not require separatemonitoring systems for each componentof a facility that consists of more thanone landfill, impoundment, or landtreatment area. The Agency's past andpresent intent was and Is that theground-water monitoring system wouldbe installed at the perimeter of thewaste management area. That intent Isspecifically stated in these regulations.

3. Sampling and Analysis. Theproposed regulations required the owneror operator to establish the backgroundground-water quality of the underlyingaquifer for a "comprehensive" set ofover 40 contaminants. Thedetermination of this backgroundquality was to be based on monthlysampling for one year. Thereafter, thefacility was to sample annually for the"comprehensive" list. In addition theowner or operator was to sample atshorter intervals (that depended onground-water flow rate) for a "routine"set of contaminants. The "routine" list ofpararheters included specificconductivity, pH, chloride, totaldissolved solids, dissolved organiccarbon and the principal hazardousconstituents in the waste. A "Note"allowed a reduction in the"comprehensive" list of contaminantsfor those substances that would notresult from the treatment, storage, ordisposal of a particular waste.

Commenters questioned the need formonthly sampling to determinebackground water quality, arguing for amore flexible approach. The Agencybelieves that obtaining representativebackground data at a reasonablyfrequent interval is of criticalimportance in establishing an accurateground-water monitoring system. As aninitial step, annual monitoring isunacceptable because It cannot reflectseasonal fluctuations. The Agency has,therefore, decided to require quarterlybackground monitoring which should bemore sensitive to seasonal fluctuations.Owners and operators are certainly freeto monitor at greater frequencies toprovide a more thoroughcharacterization of the aquifer.

Several commenters suggested thatthe Agency specify particularprocedures for sampling, samplepreservation, and methods of analysis.The Agency is not at this tihe specifyingsuch procedures in the regulations; theremay be several acceptable approaches.Thus the regulations require the owneror operator to develop and follow aground-water sampling and analysisplan. The terms of the plan will beenforceable against the owner oroperator. The plan must specifyprocedures for sample collection,sample preservation and shipment,analytical procedures, and chain ofcustody control Simply to provideguidance in this area, a comment in theregulation suggests that owners andoperators consider using methodscontained in two EPA publications:"Procedures Manual for Ground-WaterMonitoring at Solid Waste DisposalFacilities" (August 1977) and "Methodsfor Chemical Analysis of Water andWastes" (March 1979).

EPA received many comments on thelist of parameters to be used in thesampling program. Those who arguedthat the list was too extensive said thatsome parameters were redundant andthat variances should be allowed forcontaminants not expected to be in thewaste. They also suggested that the"routine" set of contaminants should beshort and be used to trigger the need formore extensive monitoring. Those whobelieved that the list was not extensiveenough argued that broad parameterssuch as dissolved organic carbon,biochemical oxygen demand, andchemical oxygen demand wereinsufficiently sensitive to detect somehighly toxic organics which aredangerous at low levels. In addition,they suggested that the ground-waterlevel be recorded because suchfluctuations may require modification ofthe sampling program to make iteffective.

The final regulations drop thereference to "comprehensive" and"routine" parameters. The regulationsrequire monitoring for three sets ofparameters that each serve a differentpurpose.

The first set reflect the aquifer'ssuitability as a drinking water supply.These parameters, contained inAppendix Il, are those specified in theInterim Primary Drinking WaterRegulations established under the SafeDrinking Water Act. Owners andoperators are to test for theseparameters quarterly during the firstyear only and report this information tothe Regional Administrator.While the Agency is concerned about

ground-water protection for a variety of

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purposes, use of groiTnd water as adrinking water source is of particularconcern. These interim statusregulations do not establish a specificground-water protection standard, butthe Agency has decided that the Phhse IIregulations will, at'a minimum, bedesigned to protect drinking watersupplies. The purpose of the initialsampling for drinking water parametersis to identify facilities that may beseverely degrading present and futuredrinking water supplies. The fact that aparticular aquifer is becomingunsuitable as a drinking water sourcewill be useful to the Agency in Iestablishing priorities for permits. TheAgency will focus its initial attention onfacilities which appear to be having thegreatest effect on an aquifer's suitabilityas a drinking water supply. By usingcontaminants from the Interim PrimaryDrinking Water Regulations the Agencydoes not mean to suggest that thisspecifies a complete list of theparameters that define an aquifer'spotential as an acceptable drinkingwater supply, but these contaminantswill be useful to the Agency inestablishing its priorities.

The second set of parameters includeschloride, iron, manganese, phenols,sodium, and sulfate. These parametersare generally recognized as useful forcharacterizing ground-water quality;These contaminants are ubiquitous inthe environment and are often used tocharacterize a ground-whter supply'ssuitability for a variety of uses. Theowner or operator is to draw quarterlysamples for these parameters during thefirst year and annually thereafter.Information on these parameters will beuseful in any assessment of ground-water contamination that follows thedetermination that a facility is leaking.Such information will, for example,assist the Agency in determining theextent to which contamination of theaquifer may be coming from sourcesother than the disposal facility.

The third set of parameters consists offour indicators that will be used todetermine whether a facility is leaking.As indicated earlier theAgency will be,developing its ground-water protectionstrategy as part of the Phase II

* regulations. For any such standard itwill be important for a facility to answerthe threshold question of whetherhazardous waste constituents areentering the aquifer underlying thefacility. The four indicat6rs-specificconductance, pH, total organic carbon,and total organic halogen-reflectchanges in the organic and inorganicmakeup of the ground-water. Astatistically significant change (increase

or decreasefor pH, increase only for theothers) in these indicators between theinitial background concentration orvalue and those from downgradientwells suggests that organic or inorganicsubstances are being introduced into theaquifer by the facility.

Increases in specific conductanceindicate the presence of inorganicsubstances in the ground water.Likewise increases or decreases in pHsuggest the presence of inorganiccontamination. Total organic carbon(TOC) and total organic halogen (TOXconcentrations in ground water tend toincrease as a result of organiccontributions from a hazardous wastefacility. The methodology to sample andanalyze for these indicators is presently.available. EPA believes that monitoringthese indicators will be sufficient tomake the threshold assessment ofwhether a facility is leaking. Certainlyowners and operators are free toperform more extensive'monitoring.

Since ground water monitoring datafor the indicator paranieters is to beevaluated statistically, the Agency hasspecified that each determination of theconcentration or value of an indicatorparameter in a ground water sample bebased upon a minimum of four replicatemeasurements. This number ofreplicates, using generally acceptedtechniques, will assure a reasonabledegree of accuracy, needed for thespecified statistical testing, which isexplained in the next section.

EPA agrees with the commenter whosuggestdd that a determination of theground-water elevation should be madeeach time a sample is taken. Suchinformation will assist the owner oroperator in determining whether themonitoring system is drawing samplesfrom appropriately located wells. Theregulation, therefore, includes arequirement that ground-water elevationbe determined each time-a sample isobtained.

In response to commenters EPA hasspecified a two-stage monitoring system.Broad indicators are uied initially todetermine whether a facility is leaking.If such leaking is detected, a morespecific ground-water qualityassessmentprogram, described later inthis Preamble, is initiated. EPA believesthat the use of broad parameters asindicators is an appropriate strategy todetermine whether a facility is leaking.In response to the general conceriexpressed by cpmmenters on thenumber of parameters to be monitored,EPA has limited its requirements forindicator monitoring to four parameterswhich are necessary, at a minimum, todetect leaks. It is unlikely that a facilitywould selectively emit low levels of

highly toxic organics that would therebymiss detection.

4. Preparation, Evaluation, andResponse. According to the proposedregulations, defection of significantchanges in ground-water qualityrequired the operator to notify theAgency, to determine the cause and theextent of contamination, and todiscontinue the facility's operation,Comments received showed that the'proposed language did not clearlyindidate whether these actions shouldbe taken simultaneously or sequentially.Commenters stated that discontinuingoperations, based solely upon astatistically significant monitoringresult, was unjustified.

, The final regulations have beenrevised to remove ambiguities. Also,rather than requiring that facilityoperations cease, the final regulationsspecify a sequential approach. Upondetecting any suspected discharge fromthe facility by statistical evaluation ofthe ground-water monitoring data, theowner or operator is required to notifythe Regional Administrator, within oneweek of any such detection, that hisfacility may be contaminating theground water. He must also, within 15days after this notification, develop andsubmit to the Regional Administrator aplan, certified by a qualified geologist orgeotechnical engineer, for assessing thequality of the ground water. Theregulations require that an outline ofsuch a ground-water quality assessmentprogram be developed and kept on-handat the facility by the time ground-watermonitoring is initiated. The plan mustspecify: the number, location, anddepths of monitoring wells to be usedfor the assessment; the sampling,analysis, and evaluation procedures tobe followed; and a schedule ofimplementation. The owner or operatormust then implement this plan anddetermine as quickly as technicallyfeasible the rate and extent of migrationand concentration of hazardous wasteand hazardous waste constituents fromthe facility in the ground water. Within15 days after completion of the firstdetermination, he must submit to theRegional Administrator a reportcontaining the results of the ground-water quality assessment. If the owneror operator can demonstrate, usingnewly acquired and previously gatheredground-water monitoring data (includingthe general water quality datadeveloped to satisfy § 265.92(b)(2)), thathis facility is not contributing hazardouswaste or hazardous waste constituentato the ground water, he must so state Inthe report and may reinstate his originalground-water monitoring program,

II !33194




However, if his assessment shows thathazardous wastes or hazardous wasteconstituents from his facility areentering the ground water, he mustrepeat the ground water assessment atleast quarterly thereafter, until finalclosure of the facility.

Detection of statistically significantchanges in the indicator parameters inthe upgradient wells does not requireimplementation of ground-water qualityassessment program. This informationmay be useful at a later time, though, indemonstrating that significant.changesin downgradient water quality resultedfrom sources other than the hazardouswaste facility.

As indicated earlier, an owner oroperator may install an alternateground-Water monitoring system if hefeels that monitoring for indicatorparameters would show that his facilitywas affecting the ground water. Anysuch alternate monitoring program mustbe able to provide the above describedground-water quality assessment.

The final rule specifies differentrequirements for the duration of ground-water monitoring depending upon theoperating status of the facility and themonitoring program utilized.

Monitoring of indicator parameters isintended to detect facility leakage intothe ground water. If such leakage isdetected the ground-water qualityassessment program is to beimplemented to establish the magnitudeof the problem. If the assessmentdemdnstrates the absence of hazardouswaste constituents in the ground water,the owner or operator may reinstateindicator parameter monitoring untilsuspected leakage into the ground wateris again detected. This detection could,of course, trigger the need for anotherground-water quality assessment, andso on, throughout the active life of thefacility, and for disposal facilities,throughout the postclosure care periodas well. If, on the other hand, the firstdetermination under the ground-waterquality assessment programdemonstrates that hazardous wasteconstituents have indeed entered groundwater, the assessments must berepeated quarterly, until final closure ofthe facility. Since additional hazardouswastes will be.received at the facilitythroughout this time, additionalassessments are necessary to determineany further impact from these wastes onthe ground-water quality.

If the first determination of ground-water contamination, by implementationof the ground-water quality assessmentplan, occurs during the post-closure careperiod, however, the sources ofcontamination are'expected to berelatively stable such that repeated

assessments would only confirm theinitial determination of contamination.For this reason only one ground-waterquality assessment which demonstratescontamination is required during thepost-closure care period. By a similarline of reasoning, those facilities whichfrom the beginning utilize an alternateground-water monitoring system,equivalent to a ground-water qualityassessment program, are not required tomake repeated assessments after finalclosure of the facility.

The more frequent monitoring (i.e.,quarterly) under the assessmentprogram is required to enable theRegional Administrator and the owneror operator to be fully aware of theextent of ground-water contamination.Such information will be useful, forexample, in providing warning todowngradient ground-water users of anypotential danger, if necessary.

The final regulations also require thatany ground-water quality assessmentwhich is initiated prior to facility closurebe completed and reported to theRegional Administrator. An assessmentwhich is underway may not, therefore,be halted merely bedause the facilitycloses.

The final rule also differs from theproposed version in the test forstatistical significance. As proposed,analyses of ground-water quality wereto be compared to the background4uality established for each facility,using the single-tailed Student's t-test atthe 95 percent confidence level.Commenters claimed that the Student'st-test at the 95 percent confidence level .was too restrictive. Commenters statedthat the Student's t-statistic isinappropriate because it is dependentupon a normal distribution, whichcannot be assumed for ground-waterdata because of seasonal fluctuations.One commenter suggested establishingtolerance limits as an alternative tospecifying a statistical test ofsignificance.

After considering these comments, theAgency reproposed the statistical teston September 19, 1979 (44 FR 54323-54324) and specified the use of theMann-Whitney U-test at the 95 percentconfidence level. In specifying theMann-Whitney U-test, which is a non-parametric test, the Agency sought toovercome the major Weakness of theStudent's t-test, namely, its underlyingassumption of "normality." Commenterson the reproposal generally preferredthe Student's t-test over the Mann-Whitney U-test, for two reasons. First,they were more familiar with theStudent's t-test. Second, severalcommenters explained that while thereis an underlying assumption of

normality for the Student's t-test, it istolerant of considerable departures fromthat assumption. The Agency hastherefore again specified the Student's t-test in these final regulations.

The required statistical comparison inthese regulations, however, differs fromthat proposed in several ways as aresult of c6ncemns which commentersraised on the broader topic ofstatistically differing ground-waterquality. Commenters suggested thatthere was a high robability ofstatistically significant increasesresulting from anticipated naturalfluctuations in ground-water quality andfrom analytical error (i.e., falsesignificance). The Agency hasincorporated several changes which,when combined, should greatlyminimize the possibility of "false"significance. These include: limiting tofour the number of indicator parametersto be compared; performing the t-test atthe 99 percent level of significanceinstead of the proposed 95 percent level;and intitially responding to detectedstatistically significant difference bytaking additional ground-water checksamples to confirm the significantdifference.

In addition, to assure that accuratedata is used by the owner or operator inthe statistical comparisons, the Agencyrequires that four replicatemeasurements be made on eachobtained ground-water sample for eachindicator parameter. Four replicatesprovide 95 percent confidence that theaverage of the measured values will bewithin five percent of the actual value ifgenerally accepted analyticalprocedures are followed. -

In its investigations of statistical testprocedures which could be useful ininterpreting ground-water monitoringdata, the Agency gave consideration tostandard industrial quality controlconcepts and procedures for dataevaluation. The Agency is aware thatthese procedures were developed forrelatively well controlled and operatedindustrial processes. However, theconceptual basis of monitoring ground-water quality indicators is similar in thesense that the variation of the indicatormeasurements under typicalcircumstances should be predictablewithin limits. If no leakage from ahazardous waste facility or otherhydrologic change has occurred, theground-water quality indicator levelsshould remain within such limits.Excursions outside the limits wouldindicate that changes may haveoccurred that require furtherinvestigation. Quality control methodsmay be adaptable to such a situation.

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Quality control methods also have theadvantage of being generally acceptedand understood. The basic approach ina ground-water monitoring programwould be to use data gathered during abaseline period to establish limits thatwould encompass a range of typicalvariation in ground-water qualityindicator parameters. Excursionsoutside these limits in subsequentmonitoring samples would indicate theneed for further investigation. While theAgency believes that the use in theseregulations of the Students t-test isappropriate, comment is requested onthe use of a'quality control approach in''interpreting ground-water monitoringdata. Such comments should identifyspecific procedures and concepts whichappear amenable to this purpose.

5. Recordkeeping and Reporting..Theproposed regulations required makingquarterly reports of ground-watermonitoring information and keepingground-water quality data andanalytical procedure records for aperiod of three years. The fewcommenters that addressed thisprovision made two lioints. First, theysuggested that quarterly reporting wasunnecessary. Second, one commentersuggested that the owner or operatorsend copies of any reports to State andlocal authorities.

The Agency has decided that annualreporting of the data on the indicatorparameters should provide sufficientnotice on general compliance with theregulations. The Agency can, of course,examine the data held by the owner oroperator to comply with theseregulations at any time. In the first yearof monitoring, however, it is necessaryto have more frequent monitoring andreporting to identify those aquifers thatare in greatest jeopardy. Suchinformation will be used to set prioritiesfor consideration of permits. In keepingwith that goal, the owner or operatormust indicate in his quarterly reportduring the first year of monitoring whichparameters exceed the contaminantlimits specified in Appendix Ill.

These regulations require the owneror operator to retain his ground-waterdata for the-active life of the site, andfor the duration of the post-6losure careperiod for disposal facilities, instead ofthe three-year period specified in theproposed regulations. The Agencybelieves that the actual monitoring data(i.e., all replicate measurements on allsamples) may provide usefulinformation in determining the type andextent of ground-water contamination.Since ground-water changes may occurslowly, it will be useful to have a historyof the facility that is longer than three

years. Both the owner or operator and.the permitting authority should haveaccess to such information whenneeded.

The regulations do not require theowner operator to send the ground-water report to State or local authorities.This step is unnecessary. Those Statesand local authorities that are interestedin examining the reports may obtaincopies from EPA or the authorized Stateagencies responsible for receiving suchinformation. '

Slightly different reportingrequirements apply depending onwhether the owner or operator isfollowing the indicator program or thegrotnd-water quality assessmentprogram at the facility.

F. Subpart G-Closure and Post-ClosureThe purpose of the final Part 265

closure and post-closure standards is toensure that all hazardous, wastemanagement facilities are closed in amanner that (1) minimizes the need forpost-closure maintenance, and (2]controls, minimizes, or eliminates, to theextent necessarylo protect humanhealth and the environment, post-closure escape of waste, leachate,contaminated rainfall, or wastedecomposition products to ground orsurface waters, and the atmosphere.There are two-types of closure and post-closure requirements in these final rules:(1) general requirements, which arecontained in Subpart G; and (2) specifictechnical requirements, which areincluded in the facility-specificregulations for landfills; land treatmentfacilities; surface impoundments;incinerators; tanks; and thermal,physical, chemical, and biologicaltreatment facilities. *

This section of the preamble focuseson the Subpart G general closure andpost-closure requirements. The technicalstandards establish in more detailspecific requirements and additionalobjectives for closure and post-closure.They also set forth factors owners andoperators must consider in addressingthose objectives. They are intended togive flexibility to facility owners oroperators, and to reduce the possiblityfor over response to these requirements.The technical standards are described inlater sections of this preamble.The final interim status regulationsspecify what facility owners oroperators must do after wastes are nolonger received for treatment, storage, ordisposal. (This was called "closeout" inthe proposed regulation but the term hasbeen dropped because it was frequentlyconfused with "closure".)

Closure is the period-after wastes areno longer accepted, during which the

owners or operators complete treatment,storage, and disposal operations, applyfinal cover to or cap landfills, anddispose of or decontaminate equipment.Post-closure is the period after closureduring which owners or operators of.disposal facilities must conduct certainmonitoring and maintenance activities,EPA believes that if the disposal facilityhas been properly located, designed,'operated, and closed, and nocontaminant leakage problems haveoccurred during the operating life of thefacility or during the post-closure careand maintenance period, then theprobability of significant ground-watercontamination is very small.

1. Period of Post-Closure Care. Theproposed rules required that post-closure care be conducted for 20 yearsat disposal facilities. The Agencyreceived numerous comments on thisrequirement. About half of thesecomments favored a period less than the20 years proposed but the other halffavored a longer period. Thosesupporting a longer period argued thatthe hazard posed by many wastes existsfor an extremely long time, and thatmonitoring should be carried outperpetually, or for as long as the wastesare hazardous. Those favoring a shortertime argued that only a few wastesremain hazardous for moie than a fewyears. These commenters felt that therewas too much uncertainty and potentialeconomic burden with the proposedstandard, because it carried a potentialfor unnecessary monitoring.

As a result of the extensive comment,the Agency has considered the post-closure care issue, and has decided toextend the post-closure period from 20to 30 years. EPA believes thateliminating leachate monitoringrequirements makes it necessary tomonitor ground water for a longerperiod of time, and that further analysisof financial requirements, as well aschanges in these regulations, make Itpractical to do so.

Public comment persuaded EPA (seeBackground Document on Ground-waterMonitoring) that existing leachatemonitoring techniques are impractical,except at land treatment facilities. Thus,EPA has deleted the leachate monitoringrequirements for landfills and surfaceimpoundments. EPA had believed thatleachate monitoring systems would actas early warning systems. Since it willtake longer for contamination migrationto reach ground-water monitoring pointsthan it would have taken to reachleachate detection monitoring points, itis necessary to monitor for a longerperiod.

EPA is now convinced that it Isreasonable to monitor and maintain

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closed disposal facilities for 30 years.Because EPA no longer requiresleachate and air monitoring, owners oroperators need not provide the moneyfor these activities. Furthermore,proposed changes in the financialregulations will make all financialrequirements less costly. Owners oroperators will be able to satisfy closureand post-closure responsibilities througha number of financial mechanisms,many of which are substantially lessexpensive than trust funds. (For acomplete description of the proposedfinancial mechanisms, see the proposalsection of this Federal Register and theBackground Document on FinancialResponsibility.) Also, in these proposedfinancial regulations for interim status,owners or operators may build closuretrust funds during the expected site life,rather than by advancing all the moneyinitially. This alternative will make trustfunds less. expensive. As a result, EPA isconvinced that owners or operators cannow maintain and monitor disposal sitesfor 30 years after closure.

However, because of the uncertaintycaused by the lack of extensiveexperience with properly designeddisposal operations, the Agency doesnot believe that an unalterable nationalrule is necessarily the best way toensure human health and environmentalprotection. The permitting process willprovide for case-by-case review of theperiod for post-closure care and theinterim status standards permit EPA toshorten or lengthen the 30-year post-closure period as appropriate on a case-by-case basis. Thus, for example, if anowner or operator can demonstrate tothe Regional Administrator that there isno need to monitor and maintain hisclosed disposal facility for the entire 30-year period, the period could beshortened. Representatives of the public,on the other hand, could also petition tohave the monitoring period extended forcause.

EPA agrees with those commenterswho pointed out that risks from somewastes persist for long periods of time.For organic wastes disposed of in ananaerobic environment, thedecomposition to non-toxic products is-very slow. Similarly, heavy metalsremain toxic forever, and may bemobilized unless carefully managed.This may argue for perpetual monitoringof land disposal facilities. However, theAgency has found that it would benearly impossible for small singlefacilities to finance such activities inperpetuity, after revenues cease. Thus,some form of national insurance isnecessary to ensure perpetualmonitoring of these facilities, because

many of them would surely default ifrequired to conduct perpetualmonitoring. EPA is considering askingCongress to enact legislation to developsuch a national insurance program. Inthe interim, the Agency has revisedthese interim status regulations to allowthe Regional Administrator to extendsome or all of the post-closure carerequirements for cause, e.g., becausecontamination is detected or fearedimminent

2. Notice in Deed to Property. Anumber of commenters questioned thelegality of the proposed standard whichrequired the owner or operator torecord, in the deed of the property, astipulation restricting future use of theproperty. In response to thesecomments, the Agency has reworded therequirement, so that the owner oroperator of a facility in which hazardouswaste will remain after closure mustsubmit evidence that a notation hasbeen placed on the deed to the property,or on an appropriate alternatedocument. The notation must warn thatFederal law limits post-closure use ofthe property by anyone in a manner thatwould disturb the integrity of the finalcover, the liner(s), or the monitoringsystems of the facility. During interimstatus, the owner must place thenotation on the deed or alternativedocument, but need not submit evidenceto EPA of having done so unlessspecifically requested by the Agency.

3. Amendment and Submission ofPlans. Several commenters suggestedthat, during the operation of the facilitybefore closure, owners or operatorsshould be able to amend the closureplan and the closure cost estimates thatthey submitted as a requirement for thefacility permit They claimed that thiswould help ensure that the plan iscurrent and that the closure funds aresufficient, and It would allow foroperating changes which might affectclosure. The Agency agrees, and hasmodified the regulations accordingly.During interim status, modifications tothe closure plan must be made whereappropriate, but need not be approvedby EPA, since closure plans must besubmitted to EPA only in the event thatthe site closes. The owner or operatormust submit his closure plan to theRegional Administrator at least 180 daysbefore the date he expects to beginclosure. All of the above considerationsapply to post-closure plans for disposalfacilities as well. Both closure and post-closure plans are deemed requirementsof Subtitle C, and the plans themselvesare enforceable by EPA.

4. Time Allowedfor Closure. Severalcommenters thought the proposed 90-

day limit for completing disposal or forremoving waste from facilities afterwastes are no longer received, was toostringent and inflexible. Thecommenters argued that, at certain timesof the year, weather would preventcompleting waste disposal or removal ata facility, and that 90 days is not enoughtime to complete these activities at mostfacilities. EPA disagrees. Closure plans,which are developed far in advance ofactual closure, can certainly bedeveloped to ensure thaTwastes aredisposed of or removed within 90 daysof commencing closure. This should bethe first activity conducted when afacility commences closure, and ownersor operators should ensure that wasteinventories are reduced to manageablelevels before commencing closure inorder to comply with the 90-daydeadline.

The proposed regulations requiredthat closure be completed within threeyears after the facility stopped acceptingwastes. A number of commenterssuggested that the time limit for closureactivities was too long in most cases,and should be made more flexible. TheAgency agrees, and has reworded therequirement to indicate that closuremust be completed within six months. Avariance procedure will allow a longerperiod, where it can be justified,although in no case may closure takemore than three years.

5. Post-Closure Permits. EPA isconsidering a procedural mechanismsomewhat different from thosecontained in prior proposals for dealingwith the problems involved inmonitoring facilities after closure andtaking corrective action wherenecessary. As stated earlier in thispreamble, EPA does not believe thatSubtitle C of RCRA was intended tocover disposal sites for hazardous wastewhich were closed before the effectivedate of these regulations. However, adifferent situation is presented for thepost-closure care of facilities which atone time had received a RCRA permit orinterim status and operated under it.There can be little question that thestatute intended EPA to requiremeasures to be taken, for as long asnecessary, to ensure that these facilitiesand the waste located there do not posea threat to human health or theenvironment. One of the major purposesof the closure and financialresponsibility provisions of the Part 264and Part 265 regulations is to ensure thatsites remain safe even after they ceaseactive operation.

Under the structure of Subtitle C, theonly consistent way to make sure thatthe necessary corrective measures can

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be taken at closed sites is to make thosesites subject to regulations underSection 3004, That is the only section ofSubtitle C that authorizes substantiveregulatory standards'of the type inquestion.

However, Section 3004 applies only to"owners and operators of facilities forthe treatment, storage, or disposal ofhazardous waste," and can therefore beapplied to closed sites only if theowners or operators of those sites aresaid to come within that definition. Asnoted above, policy considerations.support reading the statute in thismanner. In addition, the sameconclusion is hard to avoid simply as amatter of textual interpretation, sinceland in which hazardous waste is buriedis certainly either "storing" or"disposing" of those wastes within themeaning of the specific definitions ofthose terms given in RCRA Section 1004.

If owners or operators of inactive siteswhich once were covered by RCRApermit are still "storing" or "disposing"of those wastes, it follows that theymust get a permit under Section 3005.Once again, that conclusion makessense as a matter of policy as well as astrict matter of textual interpretation.For example, the provisions of thestatute for EPA inspection andmonitoring are best enforced as part of apermit. Though EPA believes that theterms of any post-closure RCRA permitshould be strictly limited and require anabsolute minimum of paperwork, thereare strong policy reasons, as well aslegal reasons, why a permit of this typemight be essential to the overalloperation of the program. For example,it might be very difficult for EPA to gainaccess to land to clean up a leaking sitewithout the aid of permit termsauthorizing that access.

Accordingly, in the near future EPA -plans to develop proposed regulationscalling for the owners or operators ofclosed sites that once were permitted oroperated under interim status to applyfor and receive a post-closure permitfrom EPA. EPA anticipates that theconditions of this permit will relatealmost exclusively to generalprocedures concerning access,monitoring, and financial responsibility,,and that cumbersome permit procedureswill not be necessary. EPA anticipatesthat these will be lifetime permits.

It may be that this approach mayreduce paperwork in the end, forexample, by making possible themodification or elimination of thepresent requirement to record conditionson the facility title in State or local deedrecording systems. EPA will beexamining'these questions further in thecourse of developing its proposal.

G. Subpart H-Financial RequirementsThe proposed § 250.43-9 financial

standards contained three types offinancial assurance requirements (1)those assuring funds to conduct closureactivities in accordance with the closureplan, (2) those assuring funds to conductpost-closure activities at disposalfacilities in accordance with the post-closure plan and (3) those assuringfunds to cover third party damage cases.

1. Liability. The financialresponsibility requirements coveringthird party damages during the post-closure care period are not covered inthe Part 265 interim status standards. Asstated in the preamble to the proposedregulation, the Agency has been unableto identify a viable mechanism toprovide for liability coverage during thepost-closure care period, and issupporting an initiative in Congresswhich would set up a national fund toprovide for such coverage.

During the life of the site, mostcompanies are likely to seek privateinsurance to cover liability claims.Through discussions with the insuranceindustry, the Agency has determinedthat non-sudden pollution coverageoften would be made effective onlywhen a facility received a permit.Because facilities do not have permitsduring the interim status period, theymight not be able to get insurance fornon-sudden occurrences. Thus, site-lifeliabilityfor non-sudden occurrences isnot required during the interim statusperiod. However, the Agency isproposing a rule requiring site-lifeliability for sudden and accidentaloccurrences during the interim statusperiod. The Agency intends to add thisrule to the interim status standards,after public comment, later-this year.

2. FinancialAssurance. The proposedfinancial standards assuring funds forclosure and post-closure care requiredthat owners or operators first estimatethe cost of closure, and post-closure carewhere applicable, based on the closureand post-closure care plans. Then a trustfund was to established to assure thatthe necessary funds would be available.EPA received numerous commentsasking that the trust fund requirement berestructured, and that financialinstruments other than a trust fund beallowed. After considerable re-analysis,the Agency is convinced that otherfinancial mechanisms can provideprotection equivalent to trusts, and thatthe trust mechanism requirement couldbenefit from-major restructuring.Because of the complexity of the subjectmatter and the magnitude of thechanges, the Agency believes that theregulated community and the general

public should have an opportunity tocomment on the revised regulationsbefore they are promulgated. As a result,the Agency is reproposing the specificrequirements for the various financialinstruments it intends to allow,

3. Cost Estimates. The Agency Ispromulgating in Phase I the requirementthat owners or operators develop costestimates for closure, and post-closureactivities where applicable. Severalcommenters suggested that the Agencyallow for partial closure In the costestimate requirements. Tils had alwaysbeen the Agency's intent. Thereproposed rules better reflect thisintent by requiring that funds be setaside equal to the highest cost of closingthe facility, either at any given pointleading up to closure, or at the point offinal closure. Thus, facilities which closeas they go (partially close) need obtainonly a fraction of the financialassurance that will be required by thoseclosing at the end of site operations.

A few commenters suggested that theclosure and post-closure cost estimatesbe reviewed periodically to ensurecontinued accuracy. EPA agrees thatchanges in facility design and operation,and the uncertainties inherent Ininflation and interest rates, make such areview highly desirable. Thus, the finalnules require that the owner or operatorprepare a new closure cost estimatewhenever the closure plan is modified,and, for disposal facilities, a new post-closure cost estimate whenever the post-closure plan is modified. In addition, thefinal rules require that these estimatesbe indexed to inflation on an annualbasis, using the U.S. Department ofCommerce Gross National ProductImplicit Price Deflator, ,

4. Publicly Owned Facilities. A fewcommenters suggested that publicly-owned facilities should be exemptedfrom the financial requirements, becausegovernment institutions are permanentand stable, and have as their reason forbeing the health and welfare of theirpeople. Therefore, according to thecommenters, publicly-owned facilitieswould be more likely and more ablefinancially to carry out their closure andpost-closure responsibilities.

The Agency agrees that State andFederally-owned facilities will alwayshave adequate resources to conductclosure and post-closure care activitiesproperly. Therefore, an exemption forthese facilities has been incorporated Ina new "Applicability" section, (Theother provisions of the section make Itclear that the closure requirementsapply to all other facilities, and that thepost-closure requirements apply only todisposal facilities.)

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The financial strength of local entities(cities and counties), on the other hand,is not as certain. Some localgovernments do become insolvent, andif small enough, might not be in afinancial position to fulfill their closureand post-closure responsibilities.Further, some publicly-owned facilitiesare established as authorities, and aresupported financially very much likecorporations, i.e., they are not backed bythe taxing authority of the localgovernment. Because of these potentialproblems, the Agency has developed arevenue test which, if met, would qualifyfacilities owned by local governmentsfor an exemption. Because this test isnew, the Agency is proposing thisprovision for public comment.

H. Subpart I-ContainersDrums and other containers provide

an inexpensive means for generators ofhazardous wastes to accumulate andstore the wastes, in a form which will beeasy and relatively inexpensive to carryaway. All too frequently, generators andothers storing hazardous waste drumshave simply put them somewhere out ofsight, without any further concern aboutwhat would eventually happen to thewastes. The many damage incidentsdescribed in the background documenton containers detail the awfulconsequences of this practice. Thedrums eventually weather and corrode,releasing their contents. Dumps ofdecaying drums have seriouslycontaminated surface water and groundwater, have emitted fumes which havekilled vegetation and nauseated andsickened nearby residents, facilityoperators, and enforcement officials;and have burned or exploded, injuringand killing facility personnel andsending clouds of toxic smoke andfumes over adjacent heavily populatedareas, disrupting the activities andthreatening the health of thousands ofpeople.

The most elementary andstraightforward precautions willfrequently eliminate these problems.These regulations generally requirenothing more than simple good practicesin the management of containers ofhazardous wastes-a level of carecommensurate with the hazardousnature of the wastes stored. The Agencybelieves that these regulations shouldnot be difficult to implement, and thatthey will provide a great improvement inthe problems posed by current badpractices.

The final regulations for containersare largely taken from the standardsproposed for interim status forcontainers, for storage generally, and fora few other activities that pertain to

containers. As discussed below,requirements for ignitable, reactive, orincompatible wastes have been added,and the provisions concerning emptycontainers have been removed orabsorbed in Part 261-Identification andListing of Hazardous Waste.

1. Condition of Containers. Theproposed regulation (§ 250.44-2ga))required that wastes in leaking ordamaged containers be recontainerizedin containers in good condition. EPAreceived no comments on thisrequirement, and it has been retained inthe final regulations. A provision has,been added allowing wastes to bemanaged in other ways thanrecontainerization, so long as they meetthe requirements of Part 265.

2. Compatibility of Waste WithContainer. The final regulation,requiring that containers or their linersbe compatibTe with the wastes stored inthem, is essentially identical to theproposed regulation (§ 250.44(h)) forstorage generally. In contrast to theregulation for tanks, this regulationretains the standard that "the ability ofthe container to contain the waste[should not be] impaired" by the waste.While some corrosion by wastes may bepermissible for tanks, the Agencybelieves that waste should not be storedin a container in which it may cause anysubstantial amount of corrosion. First,the concept of "useful life" does notwork well with containers. Most tankswill remain under the supervision of asingle owner or operator for a longperiod of time. However, a generatorplacing waste in a container willprobably not know how long it will bestored, and the operator of a storagefacility will probably not know just howlong he can expect a container to last.Secondly, containers are generallyconstructed of lighter materials thantanks, and have seams which are morevulnerable to corrosion. Leakage due tocorrosion is therefore more likely andless predictable for containers than fortanks.

3. Management of Containers. Theproposed definition for containersimplied that they were closable. Thefinal definition is broader, indicatingthat any portable device containinghazardous waste comes under theregulations of this Part. The requirementthat containers be kept closed nowappears in the substantive regulations.Its purpose is, as it was originally, tominimize emissions of volatile wastes,to help protect ignitable or reactivewastes from sources of ignition orreaction, to help prevent spills, and toreduce the potential for mixing ofincompatible wastes and direct contact

of facility personnel with waste. Whilemany commenters argued and theAgency agrees that storage mayproperly be conducted in open tanksana surface impoundments, requiringcontainers to be kept closed does notunnecessarily restrict storage options.All containers have lids or some otherclosure device, and keeping containersclosed whenever possible is simply amatter of good operating practice. It is

'not expected that containers ofhazardous waste need be openedroutinely to inspect the waste or thecontainer or for reasons other than toadd or remove waste.

The proposed regulations alsorequired (in § 250.44-2(b)) thatcontainers be managed so that they donot rupture or leak. EPA received nocomment on this provision, dnd it hasbeen retained as proposed. Its purposeis to assure that, in addition to removingwaste from containers in bad condition,owners and operators managecontainers so that they stay in goodcondition, and handle them so that theydo not rupture.

4. Inspections. As an adjunct to thegeneral inspection requirements, theregulations for various types of facilitiesand equipment include specificinspection requirements. The regulationsfor containers call for weekly inspectionof container storage areas for leaks anddeterioration of the containers. Leaksand container deterioration are theprimary source of damage fromcontainer storage which can beminimized through inspection. Theproposed regulations (§§ 250.43-6[a) and250.44(c)) called for daily inspections.Commenters believed that dailyinspections were unnecessary, and thatless frequent inspections would beadequate. The Agency agrees thatcorrosion of containers and thedevelopment of leaks is usually a slowprocess, and that daily inspections aretypically more frequent than isnecessary; weekly inspections shouldgenerally be adequate.

5. Closure. Because these regulationsapply to the storage of hazardouswastes, the definition of storage requiresthat all hazardous wastes andhazardous waste residues must beremoved at closure from a containerstorage facility or from that part of thefacility being closed. The closure planrequired by Subpart G must address thisrequirement. In removing hazardouswastes or residues, the owner oroperator becomes a generator ofhazardous wastes and must managethem in accordance with all applicablerequirements of Parts 262 263, and 265of these regulations.

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6. Special Requirements for Ignitableor Reactive Waste. The proposed rulesdid not contain any special standardsfor ignitable or reactive wastes. Simplyas a matter of good practice, ignitable orreactive Wastes should, of course, beprotected from any conditions or ,"materials that could cause them-to igniteor react, in order to guard against fires,explosions, or violent reactions.

The requirement in these regulationsthat containers of ignitable or reactivewaste be 15 meters [50.feet) from thefacility's property line is taken from the -National Fire Protection Association's(NFPA) Flammable and CombustibleCode of 1977. The purpose of thesetback required in the Code is to -protect adjacent residences, businesses,and other public places from the acuteeffects of explosions and fires that maybe caused in facilities that storeflammable materials. While the Agencybelieves that the Code provides anadequate basis for requiring a minimum,setback of 50 feet, the Agency does notyet have enough data to determine .whether an additional setback should berequired where highly explosive or toxicwastes are stored. The Agency expectsto monitor the effectiveness of thisregulation and revise it if necessary.Since the NFPA requirement isstraightforward and'already appliesunder OSHA regulations of facilities, itis appropriate for inclusion in theinterim status standards. Since thisregulation was not proposed, it is beingpromulgated interim final.

7. Special Requirements forIncompatible Wastes. Generalrequirements for incompatible wastesare discussed above in the preamblesection entitled "General Requirementsfor Ignitable, Reactive, or Incompatible-Wastes."

The proposed interim statusregulations contained a provision(§ 250.44(i)) prohibiting the placement ofa hazardous waste in an unwashedcontainer which had previously held anincompatible waste. The finalregulations retain this provision, withthe 'modification that placement of awaste in such an unwashed container isallowed if it will not violate the generalstandards for the handling ofincompatible wastes. This regulation isrequired because even "empty"containers typically have a certainamount of waste remaining on thebotton or the sides. The fact that thecontainer itself may be compatible withboth wastes will not prevent them fromreacting with each-other if they areincompatible. Compliance with thisregulation will probably require ownersor operators to wash empty containers

or to be able to determine the-propertiesof the materials they last containedthrough records, segregated storage ofempty containers, tests, or some othermeans.

The final regulations also provide thatincompatible wastes or materials must.not be placed in the same containerunless the general standards forincompatible wastes will be compliedwith. The proposed regulations did notcontain such a provision because it wasthought that placement of incompatiblewaste in containers was not typical.While such mixing may not be common,the Agency has decided as a matter ofcompleteness that it should be coveredby the incompatible waste regulations..The nded for complying with the generalrequirements for incompatible wastes isas clear here as it is in other caseswhere incompatible wastes are mixed.The requirement is straightforward andappropriate for interim status.

The proposed regulations alsocontained a provision (§ 250.44-2(d))that containers holding incompatiblewastes should be separated or protectedfrom each other'to prevent mixing ofincompatible wastes if containers-should leak or break. The final"regulation clarifies the proposedregulation. It extends it to containersstored near incompatible wastes inother containers or in piles, open tanks,or surface impoundments- where theincompatible wastes are exposed on thesurface. It also indicates that protectionwill typically be in the form of a dike,berm, or wall. "Nearby" should beinterpreted to mean close enough so thatwastes from broken or leakingcontainers might commingle withincompatible wastes before the situationwould be discovered and corrected inthe ordinary course of operations.

8. Empty Non-combustible StorageContainers. The proposed interim statusregulations contained a section(§ 250.44-2(f) requiring empty non-combustible containers to be recycled insome fashion. This section was intendedpartly to assure proper management ofthe hazardous waste residues remsiningin the empty containers, and partly toimplement one of the objectives ofSection 1003 of RCRA-to promote therecycling and recovery of material andenergy resources. The Agency hasreconsidered its position, in light ofcomments received on this section, andhas changed the focus of theseregulations to the protection of humanhealth and the environment through theappropriate management of hazardouswaste. Some'contaminated containersare listed as hazardous wastes underPart 261 of these regulations, and must

be managed as such or re-used. As aresult, the regulations on empty non-combustible containers have beendeleted from this Section.

9. PaperBags. Another section of theproposed interim status regulations(§ 250.44-2(g)) required thatcontaminated paper bags be managed Inclosed secondary containers. EPAreceived a number of comments on thisrequirement arguing that the standardwas unnecessary because the amount ofwaste which adheres to such bags Issmall, and that the bags can be properlymanaged by other means, In light of thecomments, the Agency has reorganizedthe proposed regulations. Some bagsand liners contaminated with certaintoxic materials are now listed ashazardous wastes in Part 261 and mustbe managed like other hazardouswastes. Other contaminated bags arenot declared hazardous and are nolonger regulated under this Part. Ineither case, the proposed regulation Isunnecessary and has been deleted,

I. Subpart f-7anks

1. Definitions, In the proposed rules,the standards for tanks were markedlydifferent from those for basins. Tankswere regulated as covered containmentdevices used for storing hazardouswaste. By contrast, basins wereregulated as uncovered containmentdevices used for treating hazardouswaste. (The proposed rules did notaddress the use of tanks for treatinghazardous waste.) Both tanks andbasins were assumed to be constructedprimarily of artificial materials or wood,rather than earthen materials.

The Agency's re-evaluation of itsconception of storage now permitsstorage to be conducted in uncovered aswell as covered devices, such as surfaceimpoundments. Thus basins, as theywere defined in the proposedregulations, are now recognized asappropriate storage devices, and theAgency has recognized that treatment aswell as storage may be conducted intanks. These changes have made theproposed regulations' concepts of basinsand storage tanks essentially identical.As a result, the Agency has combinedthe two concepts into one: tanks arenow defined to be "stationdry device(s)designed to contain an accumulation ofhazardous waste and constructedprimarily of non-earthen materials..which provide structural support."Tanks are referred to as covered oruncovered when appropriate. The term

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"basin" has been eliminated from theregulations.1

The Agency has reorganized theregulations to gather the proposedstandards for tanks into one Subpart(Subpart J). This Subpart includesstandards from those that wereproposed for storage tanks (§ 250.44-1)and basins (§ 250.45-4], for storagegenerally (250.44), for treatmentgenerally (§ 250.45], and for chemical,physical, and biological treatmentfacilities (§ 250A5-6). A number of otherstandards from the proposed Section3004 standards have been incorporatedinto the present set of interim statusstandards for tanks. The followingdiscussion is organized along the linesof the present Subpart J.

In addition, as explained underSubpart Q, the regulations for chemical,physical, and biological treatmentfacilities (Subpart Q are essentiallyidentical to the regulations for tanks.The following discussion therefore alsoserves to present the foundation for theSubpart Q regulations. References totanks in the following discussion arealso meant to include the wastecontainment components of chemical,physical, and biological treatmentequipment.

The general operating requirementsand the requirements for waste analysisand trial tests were proposed primarilyfor inclusion in the general standardsand partly for inclusion in the interimstatus standards. They are thereforebeing promulgated interim final only tothe extent that the Agency will considercomments on whether they areappropriate for inclusion in the interimstatus standards.

2. General Operating Requirements.The proposed interim status standardsfor storage (§ 250.44(h)) and theproposed general standards for basins(§ 250.45-4(b)(1), (d), and (e)) andchemical, physical, and biologicaltreatment facilities (§ 250.45-6(a) and(b)2) included requirements whichplaced restrictions on the type ofmaterials used to build tanks and thetype of waste placed in them, to ensurethat the waste was compatible with theconstruction material of the tank.

'The Agency also mistakenly proposed twodefinitions for storage tanks, in § § 250.21 and 250.41.They were the same except that the latter providedthat waste in storage tanks must be pumpable. thisrequirement was not intended and has beenremoved. In addition, basins were defined to be lessthan I00,000 gallons in capacity. This was includedonly to help distinguish basins from surfaceimpoundments, which may be larger than 100,000gallons. Because the 100,000 gallon limit provedconfusing and because basins (now tanks] andsurface impoundments are adequately distinguishedby their construction materials, the 100,000 gallonlimit has been deleted.

Few comments were received onthese proposed standards. Somecommenters suggested that thestandards should be modified to reflectthe fact that the construction materialsof most tanks will inevitably besomewhat impaired by the chemicalproperties of the wastes they contain.The Agency agrees that tanks need notbe designed to last forever. Therefore,the final rules have been modified torequire that the ability of tanks tocontain waste during their intended lifeis not impaired.

Proposed § 250.45-6(e) provided for a2-foot freeboard for uncovered reactionvessels. Some commenters felt that the2-foot freeboard requirement should bemade more flexible by allowing ownersor operators to use other methods toprevent hazardous waste from splashingover the rim of an uncovered tank. TheAgency agrees that methods such asdikes, trenches, or diversion to stand-bytanks may provide a degree ofprotection equal to that afforded by 2feet of freeboard. Therefore, thestandard has been modified to requireuncovered tanks to either have (1) 2 feetof freeboard or (2) a containment,drainage control, or diversion structurewhich has a capacity that equals orexceeds the volume of the top 2 feet ofthe tank.

In a similar vein, some commentersfelt that the proposed requirement for anautomatic waste feed cut-off or by-passsystem (§ 250.45-6(g)) should be mademore flexible by allowing owners oroperators to use other types ofemergency response systems in theevent that their treatment processbreaks down. The Agency agrees andhas rewritten the standard in terms of aperformance standard. The finalstandard requires that facilities at whichhazardous waste is continuously fedinto tanks be equipped with a means toprevent the inflow of waste to the tank,but it does not require that anyparticular method(s) be used toaccomplish this objective. With thedeletion of the requirement that the cut-.off be automatic, the requirement iscertainly appropriate for inclusion in theinterim status standards because itshould not require major equipmentmodification.

3. Waste Analysis and Trial Tests. Asan adjunct to the inclusion of generalrequirements for waste analysis in theinterim status standards, the Agency isincluding specific waste analysisstandards for specific types of facilitiesand equipment. Those for tanks;chemical, physical, and biologicaltreatment facilities; and surfaceimpoundments are drawn from proposed

§ 250A5-6 (b) and (c). and combined intoa single requirement for each type offacility. The purpose of theserequirements is to prevent accidents andhaphazard experimentation with newwastes or new treatment techniqueswhen chemical treatment of largebatches of waste is involved. Putanother way, these requirements ensurethat the operator knows not only thecharacteristics of the waste involved,but how that waste will behave in atreatment process, or how a newtreatment process will affect the wastesand the facility. Haphazardexperimentation or treatment of wastewithout trial tests may cause corrosionof containment devices, fires,explosions, and other problemsassociated with ignitable, reactive, orincompatible wastes. Trial tests, ordocumented information or similarwastes under similar treatmentprocesses and similar operatingconditions, should bring to lightunanticipated problems before largebatches of waste are treated.

The comments have prompted severalchanges to the proposed sections. Theregulations have been revised to makeclear the Agency's original intent thatwaste continuously flowing into atreatment process need not becontinuously tested; tests or informationare required only before the process isbegun, or when the waste or treatmentprocess changes significantly.Documented information may be used inplace of tests when the informationcovers wastes, processes, and operatingconditions 'similar to the ones to beundertaken. However, reliance ondocumented information does notrelieve the owner or operator of primaryresponsibility for assuring that hecomplies with the remainder of theregulations.

4. Inspections. Citing the relativestructural stability of tanks (and thedikes surrounding them), severalcommenters suggested that the proposeddaily inspection schedule (§ 25&43-6and § 250.44(c)) was unnecessary fortanks. EPA agrees that tanks and dikesneed not be inspected daily, and hastherefore changed the frequency forinspection of these aspects of facilitiesfrom daily to weekly. However, thedaily inspection requirement has beenretained for emergency response sytems(e.g., waste feed cut-off or by-passsystems), the data gathered frommonitoring equipment (e.g., pressure andtemperature gauges) and waste levelindicators at tanks.

5. Ignitable, Reactive, or IncompatibleWastes. Requirements for ignitable,reactive, or incompatible wastes were

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proposed for interim status in standardsfor storage (§ 250.44(i)) and in standardsfor treatment (§ 250.45(c) and Note), andfor the general standards under basins(§ 250.45-4 (b) and (c)). Most of therequirements in the present regulationare discussed above in the generalsection on ignitable, reactive, orincompatible wastes.

The Agency has added a standard tothe regulations which requires facilitiesstoring or treating ignitable or reactivewaste in tanks to comply with theNational Fire Protection Association's(NFPA's) buffer zone requirements fortanks, contained in Tables 2-1 through2--6 of the "Flammable and CombustibleCode-1977". The purpose of thisstandard is to minimize the potential forinjury to the facility, facility personnel,and the neighboring public from flyingdebris and toxic air emissions whichcould result from explosions or firesinvolving hazardous waste. Thestandard applies only to ignitable orreactive waste because the potential forfires and explosions is largely confinedto suchwastes. The NFPA standardsalready apply to many tanks containingignitable materials under OSHAregulations. Since this requirement wasnot proposed, it is being promulgatedinterim final, and the Agency willconsider comments on it.

6. Closure. The proposed interimstatus standards for basins (§ 250.45-4(h)) and the proposed generalstandards for chemical, physical, andbiological treatment facilities (§ 250.45-6(h)) required that all hazardous wasteand hazardous waste residues beremoved when the facility closed, andbe disposed of as hazardous waste. Afew commenters contended that therequirement that all residues resultingfrom treatment processes would have tobe managed as hazardous waste wasinconsistent with the statement in thepreamble to the proposed Section 3001rules, which required that waste beanalyzed only when the generator hasreason to believe that his waste ishazardous. The Agency believes thattreatment residues will normally behazardous. To clarify its position, theAgency has revised the Part 261 rules sothat they now specify that residues fronrhazardous waste treatment processesare a hazardous waste unless the owneror operator can demonstrate otherwise(see the Part 261 preamble for therationale for this change). The presentregulations recite this in a comment.

. Subpart K-Surface ImpoundmentsSurface impoundments, also known a:

pits, ponds, or lagoons, are often used tctreat, store, or dispose of hazardouswaste. A surface impoundment is

defined as a part of a facility which is anatural topographic depression, man-made excavation, or diked area formedprimarily of earthem materials, althoughit may be lined with man-made .materials. Impoundments are designedto hold an accumulation of liquid wastesand wastes containing free liquids.Some are lined with clay or syntheticmaterials to reduce or eliminate leakageto ground water. Leakage to groundwaterposes the most serious threat tohuman health and the environment fromimpoundments, but air emissions fromvolatile wastes and overtopping of theimpoundment as a result of overfilling,precipation, or wind can alsp be seriousproblems. Discharges to surface water,which may be associated with suchimpoundments, are subject to controlunder the Clean Water Act (NPDESprogram).. The requirements for minimumfreeboard, protective cover on dikes("Containment System"), waste analysis

-and trial tests, special requirements forignitable and reactive wastes, andspecial requirements for incompatiblewastes were allproposed for inclusionin the general standards in a form notradically different from that proposedhere. Since they were not proposed forinclusion in the interim status standards,they are being promulgated interim finalonly to the extent thatthe Agencysolicits comments on whether they aresuitable for inclusion in the interimstatus standards.

The final RCRA interim statusregulations for surface impoundmentsinvolve the following issues.

1. Fisting Surface Impoundments.Many commenters stated -that theproposed general regulations wereinfeasible for existing surfaceimpoundments. They argued that

'retrofitting thousands of existingimpoundments would be impractical,and suggested less stringent regulationsfor existing impoundments, unless theywere found to be causing anenvironmental problem. The Agencyagrees that If an owner or operator candemonstrate that an existing surfaceimpoundment is not contributingmeasurable quantities of contaminants

t to-ground water, retrofitting should notbe required in the interim statusregulations. (To the extent the commentsaddressed issues relevant only to thegeneral regulations, those comments willbe addressed when the final generalregulations are issued.) This issue wasdiscussed at length in the previousdiscussion of Existing Facilities.

3 These regulations may requireretrofitting of some existing surfaceimpoundments for maintainingfreeboard and providing protective

cover for earthern dikes. However, theserequirements are standard features ofproperly engineered surfaceimpoundments, and should not pose asubstantial burden to owners oroperators of most impoundments.

2. Minimum Freeboard The proposedgeneral standards provided a minimumfreeboard requirement. The Agencybelieves that such a freeboardrequirement meets the criteria forinterim status standards. It is acceptedengineering practice to design surfaceimpoundments with sufficient freeboardtd protect against overtopping by wavesor precipitation, and most surfaceimpoundments already have 2 feet offreeboard. At least six states alreadyrequire the 2-foot freeboard required Inthese regulations. As a result, an interimstatus freeboard requirement will nottypically require large capitalexpenditures by owners or operators,nor will it require interaction with theRegional Administrator. For thosefacilities which do not meet theminimum freeboard requirements, theminimum freeboard can be establishedin a short period of time by such meansas reducing the quantity of waste oradding additionalheight to the dikes.

The proposed regulation required thatthe freeboard in a surface impoundmentbe capable of containing rainfall from a24-hour, 25-year storm, but not be lessthan 2 feet. The objective was to preventspillover of hazardous waste fromwaves or rainfall, and to reduce the rls 'of overfilling. Comments varied fromsuggestions that there be norequirements for freeboard tosuggestions for more stringentrequirements.

The Agency has re-evaluated theeffect of a 24-hour, 25-year storm, andhas found that it would necessitate asmaller freeboard requirement than thespecified minimum of 2 feet. It is thusunnecessary. The same is true of allother suggested storm standards,including the 24-hour, 100-year storm,

No comments focused on the specificmeasure of 2 feet for minimum "freeboard, Engineering handbooks,textbooks, design manuals, and Stateregulations specify the need for aminimum 2-foot freeboard to preventovertopping by waves or rainfall,Therefore, the Agency is retaining a 2.foot minimum freeboard requirement.

Some commenters suggested that levelcontrols (coupled with NPDES dischargeper its) should be allowed instead of aminimum freeboard. The Agencydisagrees. Any level controls must stillprovide for a minimum freeboard toprotect against overflows resulting frombreakdowns in level control equipment,operator errors, waves, and significant

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rainfall. In addition, since the Agencyhas deleted the phrase "averagemaximum" from the proposed definitionof freeboard, the regulation nowrequires 2 feet of freeboard at all times*during normal operation.

3. Containment System. The proposedgeneral regulations required all earthendikes to have an outside protectivecover to minimize wind and watererosion. This requirement has beenadded to the interim status standards.Protective cover for earthern dikes isconsidered to be standard engineeringpractice, and many impoundmentsalready have such a cover. Therefore,the Agency does not believe that asubstantial capital cost, or anyinteraction with the RegionalAdministrator, will be necessitated bythis requirement. The sole comment onthis section stated that the purpose ofprotective cover, the preservation of thestructural integrity of the impoundment,should be noted in the regulation. EPAagrees and has done so.

4. Waste Analysis andRecordkeeping. Waste analysisrequirements were not included in theproposed interim status standards butwere proposed as requirements in thegeneral standards which applied to allfacilities. However, the final interimstatus standards contain general wasteanalysis requirements in Subpart B, andin addition, include specificrequirements for waste analysis in thestandards for surface impoundments.Since these standards are essentiallyidentical to those for tanks andchemical, physical, and biologicaltreatement facilities, they are discussedin the section on tanks (Subpart D).

The proposed interim status standardsrequired that the owner or operator keeprecords of the contents and location ofeach surface impoundment. Thisinformation will reduce the probabilityof accidental mixing of incompatiblewastes, aid in resolving damageincidents, and assist in determiningproper closure procedures. Because allhazardous waste facilities must keeprecords on the types and placement ofwastes, the recordkeeping requirementsfor surface impoundments are includedin the general recordkeepingrequirements for all facilities underSubpart E.

5. Inspections. Theproposed interimstatus standards required that surfaceimpoundment dikes be inspected dailyin order to detect and correct anydeterioration of the dikes. This rule wasintended to minimize the possibility ofdike failure.

Comments supported the need forinspections, but recommended that theybe conducted less frequently.

Commenters argued that dike failure is along-term event that can be detectedwith less frequent inspections, and thatdaily inspections would most likely beperformed in a cursory manner. Most ofthe commenters recommended weekly,bi-weekly, or monthly inspections.

The Agency agrees that inspectionson a weekly basis are generallysufficient to detect cracks, erosion, andother deterioration in a dike well inadvance of dike failure. They shouldalso not impose a large burden on theowner or operator. Additionalinspection may be prudent during orafter an unusual rainfall, and should beconsidered by the owner or operator inthe inspection schedule required by§ 265.15. On a routine basis, however,weekly inspections of the surfaceimpoundment, particularly for cracks orleaks in dikes, represents the bestbalance between need and practicality.

The proposed regulations alsorequired a daily inspection of anyexisting system used for detecting thefailure of a liner system or natural soilbarrier. This would ensure the timelydetection of a failure of theimpoundment liner system. Thisrequirement has been subsumed in thegeneral inspection requirements in§ 265.15(b); the requirement for dailyinspection has been replaced by arequirement that the owner or operatordevelop his own schedule.

The Agency believes that whensurface impoundments are in operation,there may be significant dailyfluctuations in the level of the wastes.This potential daily fluctuation couldsubstantially reduce the amount ofappropriate freeboard needed to preventovertopping, and less-than-dailyinspection would not be safe in someinstances. Moreover, this inspection isusually quite simple. Consequently,daily inspection of freeboard is required.

6. Closure and Post-Closure. Theproposed interim status regulationsrequired that upon closure, allhazardous waste and residues were tobe removed from a surfaceimpoundment and disposed of as ahazardous waste, unless theimpoundment met the proposed§ 250.45-2 requirements for landfills andclosed according to the landfill closurerequirements. The proposed regulationwas read by many commenters to allowexisting surface impoundments to closeas landfills under interim status only ifthey met the proposed general standardsfor design and construction of landfillsas well as the standards for closure.Understandably, this drew strongobjections. Such a requirement was notapplied to landfills closing under interimstatus, and it was not intended to be

extended to surface impoundments.Although itwas not well reflected in thetext of the proposed regulation, theAgency's intent was to require surfaceimpoundments closing under interimstatus as landfills to meet only theinterim status requirements for closureof landfills, that is, the closure and post-closure care requirements for landfills.The present regulations have beenrestructured along these lines.

In response to comments, the presentregulations also allow more flexibilitythan the proposed interim statusstandards. If the owner or operatorelects to avoid closing as a landfill, allhazardous wastes and hazardousresidues must be removed from thesurface impoundment, including (unlesshe can show that they are non-hazardous) the impoundment liner (ifany) and underlying and surroundingcontaminated soil. The choice whetherto remove these materials or to close asa landfill is up to the owner or operator(subject to the approval of the RegionalAdministrator under Subpart G]. Inaddition, the owner or operator maychoose to remove only part of thehazardous materials and then close as alandfill. As a comment to the regulationpoints out, the detailed requirements forlandfill closure may then besubstantially reduced, because theydepend on the amount and nature of thehazardous materials remaining, alongwith several other factors. The RegionalAdministrator may also adjust the post-closure care requirements asappropriate for the particular facility.The purpose of this approach is toprovide the owner or operator with awide choice of alternatives, while stillassuring adequate protection of humanhealth and the environment from anyhazardous wastes remaining in theimpoundment after closure.

The owner or operator's choice ofclosure plans may depend, insubstantial part, on just how muchmaterial will have to be removed fromthe impoundment. The determination ofthe amount of material to be removedwill be a function of the amount andmobility of the remaining hazardouswastes, judgments as to the precisenature of the cover needed, and thepost-closure care required. Thedeterminations for closure are ultimatelysubject to the approval of the RegionalAdministrator. In making this judgmentthe Regional Administrator may requiretests of residues or contaminated soil tobe made by the owner or operator. Forthese reasons, it may benefit the owneror operator of a surface impoundment tosubmit a closure plan to the RegionalAdministrator substantially more than

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Federal Register / Vol. 45,No. 98 / Monday, May 19, 1980 / Rules and Regulations

180 days before the target date for theinitiation of closure activities. Inaddition, owners and operators arediscouraged from penetrating surfaceimpoundment liners in order to sampleand analyze underlying soil forcontamination, unless prior discussionswith the Regional Administrator confirmthe desirability of this step. Linerpenetration could greatly increaseleakage of .hazardous waste into theunderlying soil.

A major requirement for animpoundment to be closed as a landfillis that the waste which remains in theimpoundment must be capable ofsupporting the final cover. This may beaccomplished by a combination ofremoving wastes (e.g., the liquid portion)and treating the residues (e.g., furtherdewatering, evaporation, or chemicallystabilizing or solidifying the residues).

EPA believes that these regulationssatisfy many of the concerns raised inthe comments to the proposed interimstatus standards. Those commentsstated that the surface impoundmentclosure requirements were improperlyrestrictive, that it might in some .instances be preferable to leave thewaste in place than to move it, and thatthe requirement for inert fill wasunnecessary. These regulations provideflexibility for closure requirements andallow the wastes to be left in place. Therequirement specifying the use of inertmaterial for fill has been deleted.Comments on the general standards willbe dealt with when those standards arepromulgated.

Because the landfill closurerequirements, on which the surfaceimpoundment closure requirements arebased, have been substantially modifiedand because there'was some confusionsurrounding the surface impoundmentclosure requirements proposed forinterim status, this regulation is being.promulgated interim final, and theAgency is soliciting comments on it. TheAgency is especially interested inreceiving comments on (1) whether thepresent landfill closure and post-closurecare requirements need to be modifiedas they apply to surface impoundments,and (2) the number, size, and othercharacteristics of surface impoundmentsfrom which operators might opt toremoval some or all of the hazardouswastes, residues and othercontaminated materials during closure.

7. Ignitable, Reactive, or IncompatibleWastes. This topic was previously .discussed in the general section of thesame title which supplies the ratidnalefor the regulation of these wastes in'surface impoundments.

The issue of volatility has beendeferred until more data is gathered (see

discussion of "Volatility"). In themeantime, it must be emphasized thatEPA does not condone the addition ofvolatile hazardous waste constituents tosurface impoundmenti.

Several commenters requested thatduring emergencies they be permitted toplace ignitable wastes, such aspetroleum products, in surfaceimpoundments used solely foremergencies. The regulation nowpermits this, and a similar provision hasbeen made inthe tank regulations.Furthermore, the section on ignitable orreactive wastes is not intended to coverstormwater collection and treatmentponds such as those at petroleumrefineries, when they receive incidentalamounts of oily material in otherwisenon-contaminated run-off.

K. Subpart L-PilesThere Were no regulations concerning

the storage of hazardous waste in pilesin the proposed regulations because theproposed rules required that wastes bestored in covered containers or tanks.The waste pileshe Agency was awareof were generally used for disposal andwere large enough to be properlymanaged as landfills. The finalregulations still require that hazardouswaste disposed of in piles be managedas a landfill. However, at publichearings during the comment period onthe proposed regulations, the Agencybecame aware that hazardous wastesare occasionally stored in piles forwhich the landfill regulations areinappropriate. Comments at'the hearingsindicated that such piles are generallysmall, frequently less than 3 meters high.Many are in buildings or maintainedoutside on concrete or other pads. Theyare frequently used to accumulate wastebefore shipment, treatment, or disposal,and are typically composed of a singledry material.

The regulations in this Subpart aredrawn partly from the landfillregulations (Subpart N) and partly, fromanalogy to the storage regulations fortank§. Since none of the writtencomments gave details on how storagepiles should be regulated, theseregulations are founded largely on thedescriptions of storage piles given atpublic hearings. Because none of theseregulations were proposed as they relateto storage piles, they are beingpromulgated interim final, and theAgency especially solicits comment onthem.

1. Protection From Wind. Becausemany piles are composed of dry, finely-divided materials, they are likely to besubject to wind dispersal. Wind-blownhazardous waste poses the obviousthreat of pollution of nearby land and

water, and the possibility of humanhealth effects from inhalation oringestion. The Agency is aware of oneinstance where material blowing from avery large pile of asbestos waste poseda health risk from inhalation, Theinterim status regulations thereforerequire that wastes piles containing ahazardous waste subject to winddispersal be covered or otherwisemanaged so that wind dispersal iscontrolled. Piles inside buildings arealready adequately managed for thispurpose. In other cases, the Agencybelieves that owners and operators arein the best position to develop cost-effective measures to control winddispersal of hazardous wastes.

2. Waste Analysis. The requirementsin this section are intended as arefinement of the general requirementsfor waste analysis in § 205.13. As theregulation for waste piles and thecomment to the regulation indicates, thebasic purpose of waste analysis is toassure that incompatible wastes are notmixed, and that ignitable or reactivewastes are protected from sources ofignition or reaction. Facilities whichreceive only one or a few wastes whichare stored in piles typically need notconduct a very sophisticated analysis ofincoming wastes; the owner or operatorcan decide, for example, whether visualobservation of the color and texture ofthe waste will meet the standard in theregulation.

3. Containment. Besides therequirements for closure, the majordifference in the requirements betweendisposal piles and storage piles Is thatthe former must have ground-watermonitoring to detect contamination. Ifleachate or run-off from a pile is ahazardous waste, then owners andoperators of the latter must eitherprevent the formation of leachate andrun-off or control hazardous leachateand ran-off.

If the owner or operator chooses toprevent the formation of leachate andrun-off, he must protect the pile fromprecipitation and run-on, and must notplace any liquids or wastes containingfree liquids on the pile. (See thepreamble section on landfills for adiscussion of free liquids.) Piles kept inbuildings will typically meet thisrequirement.

Alternatively, in order to controlleachate and run-off, the pile must beplaced on an impermeable base so thatleachate and run-off can be collected,and run-on must be diverted away fromthe pile. The collected leachate and run-off must be managed as a hazardouswaste, and an NPDES permit will berequired if the leachate.and run-off Is

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discharged through a point source towaters of the United Slates.

The purpose of this requirement is toprotect against contamination of groundwater, surface water, and surroundingland by leachate and run-off fromhazardous waste piles.

4. Closure. Because these regulationsapply to the storage of hazardouswastes, the definition of storage requiresthat all hazardous wastes andhazardous residues must be removedwhen the pile is closed. The definition ofstorage and the regulations in Subpart Galso require that hazardous wastes andresidues be removed from the pile baseor the containment structure or otherarea on which the pile sat, and from anyequipment or facility used to managehazardous leachate or run-off from thepile. The closure plan required bySubpart G must address theserequirements. In removing hazardouswastes or residues, the owner oroperator becomes a generator ofhazardous wastes and must managethem in accordance with all therequirements of Parts 262, 263, and 265of these regulations.

5. Special Requirements for Ignitableor Reactive Waste. The problems posedby ignitable or reactive wastes arediscussed above in the preamble sectionentitled "General Requirements forIgnitable, Reactive, or IncompatibleWaste."

The first alternative for managingignitable or reactive waste in piles-available when piling the waste rendersthe waste no longer ignitable orreactiv,--is the same alternativeavailable for most other forms of storageor disposal and is straightforward. Thesecond alternative-protecting thpwaste from any materials or conditionswhich may cause it to ignite or react-isanalogous to the approach used fortanks. It may be practical for piles keptin buildings and in some othercircumstances.

6. Special Requirements forIncompatible Wastes. Theserequirements are similar to theanalogous requirements for containers.Because piles provide little containmentof the piled waste, there is a possibilitythat piled wastes may commingle withother wastes stored nearby, or thatadjacent piles may grow until theyoverlap. Commingling of incompatiblewastes must be prevented by separationor by means of a dike, wall, or berm. Inaddition, if hazardous wastes are piledin the same place that incompatiblewastes were previously piled, a reactionbetween the new waste and residuesfrom the previous pile may occur. Thusthe area must be decontaminated so thatthe proscribed reactions do not occur.

L. Subpart M-Lnd Treatment(Landfarms)

The Agency is now using the term"land treatment facihty" in place of"landfarm" in order to employ a termwhich more accurately describes thepurpose of this particular wastemanagement practice. The terms"landfarn" and "landfarming"misleadingly imply a connectionbetween hazardous waste disposal andcrop production or soil beneficiation.The term "land treatment," in contrast.implies that the land or soil is used as amedium to treat hazardous waste. Thismeaning, which is reflected in theregulations, is consistent with theAgency's philosophy that applyinghazardous waste to the soil is a wastemanagement practice reserved for thosewaste streams that can be treated in asoil system. The limitations of thiswaste management practice areexplained in more detail later. Thispractice simultaneously constitutestreatment and disposal of hazardouswaste.

The proposed regulations includedonly the closure portion of thelandfarming regulations in the interimstatus standards. The Agency hasdecided to include other portions of theregulation in the interim statusregulations because they serveimportant environmental objectives, andgenerally meet the criteria for inclusionin interim status. It is important toregulate certain aspects of landtreatment during the interim statusperiod because this is a disposal optionthat presents high potential risks in theabsence of certain operational controls.These risks arise from the fact that landtreatment involves the direct applicationof hazardous wastes to the land surface.Typically this occurs in the absence ofthe type of liner systems associated withlandfills or surface impoundments.Unless the practice is carefully definedand regulated, irresponsible parties maytry to characterize indiscriminatedumping of waste as land treatment. Inaddition, land treatment facilities maybe used to grow food-chain crops. TheAgency is concerned about the potentialfor hazardous waste constituents toenter the human food chain as a resultof this practice. Since under certainconditions crops may be grown on suchsites duripg interim status, it isimportant to address this concern duringthe interim status period.

Monitoring requirements have alsobeen included in the interim statusstandards because the Agency believesmonitoring is such an essential first stepin the regulation of hazardous wastedisposal. Such monitoring will also be a

part of any final Phase ,egulations.Owners and operator- and treatmentfacilities, however, mu- ,egin to installunsaturated zone monituring systemsand begin to establish background levelsof various parameters now so that theywill be in a position to meet thetreatment, ground-water. and food-chaincrop protection standards.

1. Purpose of Treatment. In § 260.10 ofthe regulations issued today a landtreatment facility is defined as "thatpart of a facility at which hazardouswaste is applied onto or incorporatedinto the soil surface." Operators of landtreatment facilities generally apply thewaste in thin layers and use commonfarm practices such as tilling,contouring, and erosion controltechniques. They may also add nitrogenand phosporus fertilizers to enhancemicrobial degradation of the waste. Thegeneral objective of land treatment isthe microbial degradation of organicwaste constituents. Compared to themore conventional methods of disposingof waste in landfills and surfaceimpoundments this practice is relativelynew. It is used primarily to treat oilywastes, but may be feasible for othertypes of wastes.

While EPA does not wish to rule outthe legitimate use of this wastemanagement option, there are certaininherent risks with this practice whichmake careful regulation necessary. Oneof the key elements in these regulationsthat will minimize such nsks is a clearspecification of the purpose of landtreatment. In doing this, the Agencyhopes to prevent the situauon whereirresponsible parties mavyclaim thattheir indiscriminate dumping of waste island treatment. EPA believes that theonly legitimate purpose for the landtreatment of hazardous wastes is totreat the waste to reduce its hazardousproperties. This reduction occursthrough biological degradation orchemical reactions in the soil that alterthe chemical state of the waste.

The Agency acknowledges that soilhas the capacity to effectively filter anddilute waste. However, these physicalmechanisms provide little or no netreduction in hazard if they do not alterthe chemical state of the waste.Consequently, the use of the soil solelyas a filtration or dilution medium is notconsidered appropriate for landtreatment. In addition, any benefitderived from land treating hazardouswaste, beyond that of the treatmentitself, is considered to be incidental, andnot an appropriate justification forpermitting the practice. Consequently,land treatment of hazardous wastemerely for the purpose of providing

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nutrients to crops is not considered anacceptable practice under theseregulations.

Based on the Agency's interpretationof the purpose of land treatment, theregulation specifies that hazardous -wastes must not be placed in or on landtreatment-faciities unless the owner oroperator can demonstrate that biologicaldegradation or chemical reactions in thesoil will make the waste less hazardousor non-hazardous. The monitoringrequirements specified in the regulationwill assist the owner or operator inconfirming that.determination. Theowner or operator must be able todemonstrate that the treatmentrequirement is being met at the facility.Continued land treatment without theability to make that demonstration is aviolation of these regulations.

2. Surface Water Run-On andContaminated Run-Off. The Agency hasdecided that the term "run-off', as usedin the proposed regulation concerning*the construction of "diversion structuresto divert all surface water run-off fromthe active portions of a facility," wasconfusing. Therefore the term "run-on"has replaced the term."run-off" in thesesituations. That is, as used in theseregulations, run-on is water which runs'onto the active portions of a landtreatment facility or landfill from otherportions of the facility or from outside ofthe facility. Run-off is now defined asrainwater, leachate, or other liquidwhich flows from the active portions ofa disposal facility.

Requirements for control of surfacewater run-off and run-on were notincluded in the pioposed interim statusstandards for land treatment facilities.However, those requirements werespecified in the proposed generalstandards in § 250.43(b) and (c). Thoseregulations required the owner oroperator to construct diversionstructures capable of preventing run-onfrom entering a land treatment facility.A variance to this requirement wasallowed where an owner or operatorcould demonstrate to the RegionalAdministrator that run-on would notenter the site and come in contact withthe hazardous waste. The proposed'regulations also required the owner oroperator to collect and confine run-offfrom active portions of the facility to apoint source before discharge ortreatment.

In these interim status regulationsland treatment facilities will be subjectto the same requirements as landfillsregarding surface run-on and run-off.Run-on must be diverted away from theactive porti6ns of the land treatmentfacility. Run-off from the active portionsmust be collected. If the collected run-

off is a hazardous waste it must bemanaged as a hazardous waste. If it isnot a hazardous waste it may still needto be analyzed, treated, or otherwisemanaged to comply with Subtitle D ofRCRA or the Clean Water Act. For amore specific description of theserequirements see the "Landfill" portionof this Preamble.

The Agency acknowledges that thesurface area of the active portions of aland treatment facility will generally belarger than the surface area of the activeporti6ns of a landfill. This willnecessitate more extensive run-ondiversion structures and run-offcollection systems for land treatmentfacilities. EPA believes, however, thatsuch controls are necessary at landtreatment facilities because thisdisposal option involves the placementof hazardous waste on, or barely under,the surface of the land. Such a techniquepresents a substantial risk thathazardous waste or hazardous wasteconstituents will be carried off the siteby surface water run-off. A 12 monthdelay for run-on and run-off controlcompliance is allowed in theseregulations. See further discussion under"Landfills."

3. Recordkeeping. Under the interimstatus regulations owners and operatorsof land treatment facilities must ensurethat the application dates, theapplication rates, the quantities, theresults of waste analyses, and thelocation of each hazardous waste placedin the facility is in the operating recordrequired under § 265,73. Such - .recordkeeping is needed to allow theowner or operator and the RegionalAdministrator to evaluate the facility'scompliance with the other requirementsof this Subpart. For example, the wasteanalyses, the application rates, and-quantities of hazardous wastes placedin the facility will assist, through the useof a mass-balance analysis, indetermining whether the treatmentobjective of the facility is being met.Information on application dates andlocations will assist in determiningwhether the unsaturated zonemonitoring system is properly designed.to detect migration of hazardous wasteand hazardous waste constituents.

4. Waste Analysis. The proposedregulations contained general wasteanalysis requirements which applied toall facilities. The general waste analysisregulations in these final interim statusregulations require waste analysis as isnecessasry to comply with theregulations, including the land treatmentstandards. Owners or operators of landtreatment facilities must further analyzewaste for the hazardous waste

constituents which caused the waste tobe listed, if it is listed, and theconstituents which exceed the levelsspecified in Table 1 of § 201.24 of thisChapter. Such information will beessential to a demonstration that thewaste is being made less hazardous atthe facility and will be relevant to boththe ground-water and food-chain-cropprotection goals of this Subpart.

If food-chain crops are grown, thewaste must be analyzed for arsenic,cadniun, lead, and mercury. The owneror operator need not test for each ofthese elements if he has writteninformation to indicate that theconstituent is not in the waste,

5. Monitoring. The proposedregulation required semi-annual soilmonitoring of the treated area of a landtreatment facility. This was to beaccomplished by taking one soil core poracre to a depth of three times the zoneof incorporation (i.e., three times thedepth to which the waste was tilled Intothe soil). If migration was detected, asindicated by an increase in wasteconstituents over background levels inthe bottom one-third of the core, theowner or operator was to notify theRegional Administrator and ceaseoperation in the affected area untilcorrective actions could be taken. Incontrast with landfills aid surfaceimpoundments, the proposed regulations-did not specify ground-water monitoringfoi land treatment facilities. Theenvironmental performance of a landtreatment facility was to be evaluatedsolely on the basis of soil monitoring.Because of this difference, the Agencysolicited information on the desirabilityof ground-water monitoring at landtreatment facilities. The Agencysuggested that soil monitoring woulddetect migration of waste constituentslong before ground-water monitoringwould.

EPA received several commentssuggesting that ground-water monitoringin addition to soil monitoring wasunnecessary. Other commenters,however, expressed the opinion thatground-water monitoring was alsonecessary. These commenters claimedthat soil monitoring has certainlimitations such as its lack of reliabilityfor detecting highly mobilecontaminants. They argued that soilmonitorihg "should not be solely reliedupon to provide protection of ourground-water resources."

Commenters also were specificallyconcerned about the samplingprocedures, the standard for when thetreatment system had failed, and thecorrective action that was to followdetection of a failure, The requirementto analyze each soil core for those

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constituents in the waste which made ithazardous was considered extreme andimpractical. Commenters suggested thatindicator substances be analyzed ,instead. Commenters also challengedthe "three-times the zone ofincorporation" test for determiningwhether the treatment system wassuccessful, arguing that such a distancedid not relate to the ground-watercontamination threat;, rather, otherfactors, such as thickness andpermeability of the unsaturated zone,determine the potential forcontaminating ground water. Using asimilar argument, commenters arguedthat corrective action should not betriggered simply by the appearance ofcontamination at a depth of three timesthe zone of incorporation.

After examining these comments EPAhad decided to focus the interim statusregulations on the establishment of thebasic monitoring systems needed toaccurately determine whether thecomplex processes involved in landtreatment are, in fact, occurring, andwhether contaminants are migrating toground water. The development of thestandard by which success or failure isjudged will be part of the Phase 1Hregulations. Regardless of what thatstandard is, the facility will be requiredto install a system of unsaturated zoneand ground-water monitoring todetermine the success of the treatmentprocess and impacts on ground water.Unsaturated zone monitoring includesboth soil-pore water and soil coremonitoring.

While unsaturated zone monitoring isuseful in assessing the likelihood ofground-water contamination at newfacilities and in indicating any migrationoccurring with each new wasteapplication at existing facilities, ground-water monitoring is the only mechanismthat can accurately detect the presenceand degree of ground-watercontamination. Therefore, ground-watermonitoring is required at land treatmentfacilities. Owners and operators ofexisting land treatment facilities must beable to determine the actual effect oftheir facilities on ground water in orderto comply with the Phase Irequirements.

In addition, the environmentallysensitive nature of land treatmentrequires the owner or operator to havean accurate picture of the treatmentprocess at work in the soil. EPA hasdecided that such an objective requiresinstallation of both soil core monitoringand soil-pore water monitoring. Soilcore monitoring is useful in determiningthe extent to which the hazardouswastes are being attenuated and broken

down in the soil. Soil-pore watermonitoring is a necessarycomplementary or back-up system toassure that the absence of a hazardouswaste constituent in the soil core sampleindicates a breakdown of the wasterather than merely the rapid migrationof the waste material through the soilmatrix. Several comments and theresults of an EPA-sponsored studyindicate that the latter phenomenon canoccur for some organic compoundsfound in hazardous wastes. Acombination of soil core and soil-porewater monitoring provides the basis fora mass balance analysis of theunsaturated zone to determine whetherthe treatment process is meeting thetreatment objective. Using themonitoring data as feedback on theperformance of a site, an owner oroperator can more effectivelymanipulate operating variables in orderto optimize the performance of the site(e.g., waste application rates and pHcontrols).

Careful analysis of the upper soillayers is also needed because of anotherchange that has been made in theregulation. The Agency has decided thatgrowth of food-chain crops need not bebanned at hazardous waste landtreatment facilities but rather should becarefully regulated. Information aboutthe presence of contaminants in theupper layers of the soil is, therefore,necessary to assess the risk ofsignificant plant uptake of toxicconstituents.

Soil-pore water monitoring is moreeasily achieved at land treatment sitesthan at landfills or surfaceimpoundments. Lysimeters or similardevices which measure soil-pore watercontamination can be installed at landtreatment facilities in the area wherewaste has been applied. The relativelyshallow depth of waste application atland treatment facilities allowslysimeters to be replaced, at bothexisting and new facilities, when theybecome clogged or otherwisenonfunctional. Furthermore, landtreatment facilities typically do not haveliners which would interfere with theplacement of lysimeters.

In response to the specific commentson soil monitoring, the Agency hasdecided not to specify particularprocedures or protocols for conductingunsaturated zone monitoring duringinterim status. Owners and operatorswill be given the flexibility to developreasonable monitoring plans that meetthe general objectives specified for suchplans. Once established, these plansmust be followed, and an owner oroperator's failure to follow his own plan

constitutes a separate violation of theseregulations.

In considering the constituents to bemonitored and analyzed for in theunsaturated zone, EPA considered theuse of indicators. That approach wasrejected, however, because the Agencyhas not yet been able to devise a set ofindicators that reflect the success ofwaste treatment in the soil EPA isrequiring that the owner or operatormonitor and analyze for thosehazardous waste constituents containedin the wastes applied at the facility thatcaused those wastes to be listed ashazardous, if they were listed, and thosethat exceed the maximum contaminantlimits in Table I of§ 261.24 of thisChapter. These constituents, at aminimum, are the ones which have thepotential to create environmentalhazards if these wastes arenismanaged. Such constituents must,

therefore, be included in any monitoringsystem designed to determine theeffectiveness of a land treatment systemin reducing the hazardousness of thewaste. The Agency believes that theconstituents to be monitored aresufficiently few as not to cause anundue burden.

In response to the challenge to the"three-times the zone of incorporation"test to determine success of treatment,the Agency is exploring whether othersimpler tests can be developed. Until thetime that such a test is developed.owners and operators will have toprovide waste-specific, constituent-specific, and site-specific evidence thatthe treatment objective is being met.

The final interim status regulationsrequire owners and operators of landtreatment facilities to develop andimplement unsaturated zone monitoringplans. These plans must be designed todetermine the concentrations andmigrations of hazardous wasteconstituents in the soil. The plan mustalso describe how the owner or operatorwill establish backgroundconcentrations of those constituentsthroiugh testing of similar untreated soil.The monitoring program for theunsaturated zone must include soil coreand soil-pore water monitoring (ground-water monitoring is required separatelyunder Subpart F of these regulations).The unsaturated zone monitoring planmust specify the owner's or operator'srationale for such key elements as thedepth of monitoring, the number ofsamples, the frequency of sampling, andthe timing of sampling. These decisionsmust reflect a consideration of thevariability of the waste and the waste/soil mixture, proximity to ground water,

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the manner of waste application, andsoil permeability.

6. Food-Chain Crops. The proposedregulation prohibited growing food-chain crops on active portions (treatedareas) of hazardous waste treatmentfacilities. The purpose of this regulationwas to protect humans from consumingtoxic materials that might be present inor on crops-grown on land to whichhazardous waste has been applied. Atthe time, the Agency considered a banas the only means of achieving thisobjective.

Commenters objected to this ban,suggesting that some crops could begrown on treated soil withoutendangering human health. Instead of aban, commenters suggested alternativessuch as specifying "safe" applicationrates to the soil, and monitoring cropsfor their uptake of hazardousconstituents. The Agency also receivedcomments suggesting that the ban wasinconsistent with the regulatoryapproach taken to protect food-chaincrops under Subtitle D of RCRA. Thoseregulations were finalized as the"Criteria for Classification of SolidWaste Disposal Facilities and Practices"(The Criteria, 40 CFR 257) on September13, 1979. The Criteria prescribed annualapplication rates and limits oncumulative loadings for cadmium basedon the specific health risk, andtreatment requirements for wastescontaining PCB's or pathogens.Commenters argued that the applicationof some hazardous wastes to food-chaincrops presents no greater risk than suchpractice with some nonhazardous waste,

It is the Agency's firm belief thatgrowth of food-chain crops on land towhich hazardous waste has beenapplied is an issue which should bedealt with cautiously, and should beallowed only where there is convincingevidence that the practice is safe. EPAbelieves there is little real need to growfood-chain crops at land treatmentfacilities. The small amount of land usedfor land treatment represents anegligible portion of the total productiveland available for crop growth in thiscountry. Furthermore, there are otherproductive uses of the land, such as forornamental horticulture and growth of-fiber crops or other non-food crops.

'On the other'hand, the Agency feelsthat where there is convincing evidencethat such crop growth is safe, it wouldbe unjustified to prohibit it. It isconceivable that constituents in aparticular hazardous waste may not betaken up by certain food-chain crops, orafter a period of treatment, theconstituents may have degraded intoproducts non-hazardous to humans.

The Agency carefully examined thesuggestion made by commenters ofspecifying "safe" application rates. Atthis time, however, the existing database on rates of crop uptake ofhazardous substances are notcomprehensive enough to permit theAgency to specify safe application rates.Regulation by crop monitoring is limitedby the fact that safe levels of mosthazardous substances in crops have notbeen determined by the Food and DrugAdministration, the Department ofAgriculture, or the EnvironmentalProtection Agency.

The Agency also examined theapproach used in the Criteria andconcluded that the limits developed inthose regulations for cadmium should beincorporated into this regulation. Thusthe cadmium limits present in thatregulation will be applicable tohazardous waste land treatmentfacilities.

The Criteria include two approachesfor the land application of wastescontaining cadmium. The first approachincorporates four site managementcontrols: Control'6f the pH of the wasteand soil mixture; annual cadmiumapplication limits that are reduced overtime; cumulative cadmium applicationlimits based on soil cation exchangecapacity (CEC) (specified in units ofmilliequivalents of exchangeable cationsin soil per gram of soil; and a restrictionof the cadmium concentration in wasteapplii.d to facilities where tobacco, leafyvegetables and root crops are grown.

The second approach allows* unlimited application of cadmium* provided four specific control measures

are taken. First, the crop grown can onlybe used as animal feed. Second, the pHof the soil must be maintained at 6.5 orabove for as long as food-chain crops -are grown. Third, a facility operatingplan niust describe how the animal feedwill be distributed to prevent humaningestion. Fourth, future owners areprovided notice (through provisions inland records or property deed) that thereare high levels of cadmium in the soiland that food-chain crops should not be

_grown.The Agency does not believe,

however, that the Criteria sufficientlyaddress the broad range of constituentspresent in hazardous waste. Therefore,EPA has decided to set additionalrequirements that relate to hazardousconstituents in waste applied as well asother substances of concern (i.e.,arsenic, lead, and mercury) because of

-their effect on food-chdin crops. Theseadditional substances have beenidentified because of their relativelyhigh toxicity to humans and evidencethat they can be taken up by crops:

Mercury can enter plants through theroots and be readily translocatedthroughout the plant. Arsenic tends toaccumulate in the roots of most crops,which is a concern when root crops suchas radishes, carrots, etc., are grown.When in high concentrations in the soil,lead has been shown to translocate tocrops.

The Agency is concerned that thereare other hazardous substances in thewaste, including toxic organics, thatmay be taken up by plants. Becausemost plant up-take studies haveaddressed only inorganics, there Is apaucity of data on the up-take of toxicorganics by crops. The Agency Is aware,however, that data may exist that couldidentify other hazardous substances ofconcern. Therefore, EPA Is seekinginformation on other hazardoussubstances that could be taken up bycrops.

Where the Agency does not yet havea clear specification of the "safe" levelof contaminants in food crops, it willassume that the level of suchcontaminants presently in food cropsnot grown on waste-amended soils Isacceptable. As further research refinesthe Agency's thinking, it may be thathealth tolerances in food crops shouldbe higher or lower than the averagelevels otherwise present in such crops.

Based on that assumption, EPA hasdevised a two-part test to determinewhether food-chain crop growth on landtreatment facilities is acceptable. Priorto growing a crop for market on soilsthat have received hazardous wastes,the owner or operator must documentthat the hazardous waste constituents Inthe waste, as well as any arsenic, lead,and mercury, will not (1) be transferredto the edible portion of the crop by plantup-take or direct contact, or betransferred to food-chain animals; or If Itdoes, that it will not (2) occur in greaterconcentrations in the crop than in cropsgrown in the same region on similarsoils which have not had wastesapplied.

An owner or operator must use actualfield studies of the crop for comparativepurposes. Also, the conditions underwhich the comparable crops are grownmust be similar to the conditions foundat the facility. For example, soil type,soil moisture, soil pH, and soil nutrients,must be sfmilar at both the facility andthe contiol sites. The owner or operatormust also document the sampleselection criteria, sample sizedetermination, analytical methods, andstatistical procedures used to make thedemonstration. In order to determinecompliance prior to waste applicationthe owner or operator must pre-test asample crop using the type of waste and

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application rate that will be used at thefacility.

Finally, EPA has added a provison tothese regulations that requires ownersor operators of land treatment facilitieson which food-chain crops have beengrown, or are being grown, to notify theRegional Administrator within 60 daysafter the effective date of theseregulations if they intend to again growfood-chain crops during the interimstatus period. In addition, a comment inthe regulation apprises an owner oroperator, who has not accordinglynotified the Regional Administrator and.who proposes to grow food-chain cropsduring the interim status period, thatthis is a change in process and he mustnotify the Administrator under Section122.23(c)(3) of the consolidated permitregulations. These notificationprocedures are designed to give theRegional Administrator notice of thosefacilities that are engaging in theenvironmentally sensitive activity ofgrowing food-chain crops at landtreatment facilities. This will assist theRegional Administrator in theestablishment of priorities forpermitting.

7. Closure. The proposed regulationsprovided two basic options for closureof a land treatment facility. One optionwas to return the soil in the treated areato its pre-existing condition, asdetermined by background soil analysisor analysis of similar local soils. Theother option was to remove thecontaminated soil from the facility ifthat soil met the characteristics of ahazardous waste. (If it did not have anyof the characteristics of a hazardouswaste, no further action was required.)However, a variance to the secondoption allowed closure of a facility as alandfill if the owner or operator coulddemonstrate that the design or locationof the site provided long term integrityand environmental protection equivalentto a landfill, as specified in the proposedregulations.

Many commenters argued that therequirement to return the soil to its pre-existing condition was impractical andwould make land treatment infeasible'.They also objected to the provisionwhich required that the soil be removedat closure. On the other hand, the EPAextraction procedure (EP) was criticizedas being an inappropriate mechanismfor determining whether the soil in thetreated area was hazardous. The EP wassaid to be too limited in applicability,because it does not address mostorganics and some metals. Somecommenters suggested alternativeclosure procedures which allow tailoringthe closure procedures to the site.

After examining these comments, theAgency has concluded that greaterflexibility should be given in theregulation to allow the owner oroperator to develop a plan thatconsiders certain key factors and thatmeets general human health andenvironmental objectives. Under thefinal interim status regulations theowner or operator of a land treatmentfacility must develop and implement afacility closure plan. The terms of thatplan are enforceable against the owneror operator.

The plan must address fourobjectives: (1) Controlling the migrationof hazardous waste and hazardouswaste constituents into ground water,(2) controlling the release ofcontaminated run-off to surface water(3) controlling the release of airborneparticulate contaminants: and (4)compliance with the standardsestablished for food-chain crops. Theowner or operator must consider a rangeof factors affecting the facility's abilityto meet the objectives. These factorsinclude the waste, the climate, the sitelocation, the soil, and the depth ofcontaminant migration. The owner oroperator must also consider theapplicability of various closure methodsincluding removal of the soil, run-offcollection and treatment, use of covermaterials, diversion structures, andadditional monitoring.

The owner or operator must alsodevelop a post-closure care plan. Theterms of this plan are also enforceableagainst the owner or operator. Underthese interim status regulations the post-closure care plan must provide formaintenance of monitoring systems,restriction of access as appropriate forpost-closure use, and control of thegrowth of food-chain crops to the samedegree as required for an active facility.

The requirements for the closure andpost-closure plans for land treatmentfacilities and landfills are similar interms of objectives but differ slightly inthe mechanisms by which theseobjectives are to be achieved. Thelandfill post-closure plan requires theowner or operator to address thefollowing: (1) Maintenance andmonitoring of leachate collectionsystems (if present), (2) Maintenanceand monitoring of gas control systems (ifpresent), and (3) Final cover. For landtreatment facilities, however, the firsttwo items are not required because theAgency is not aware of any leachatecollection systems and these facilitiesare rarely plagued by gas problems. Thisresults because cover material is notlaid down after the waste is applied sothat gases are not confined, and

decomposition of the waste occurspredominantly in an aerobic state sothat methane, carbon monoxide, andhydrogen sulfide are not produced.Although final cover is addressed inboth the land treatment and landfillclosure requirements, it is mandatoryonly for landfills. Final cover must beconsidered, but is not mandatory, for aland treatment facility where the wastehas been rendered non-hazardous.Where wastes have been rendered lesshazardous, the determination of whetherfinal cover is needed, in part, will bedependent on the degree of risk tohuman health and the environmentpresented by the hazardous wasteconstituents remaining in the soil.

8. Ignitable, Reactive, or IncompatibleWastes. The proposed regulationsprohibited placing ignitable, reactive,volatile, or incompatible wastes in aland treatment facility, but allowed avariance if the owner or operator coulddemonstrate that airborne contaminantswould not exceed a specifiedconcentration, and that the attenuationcapacity of the soil would not beadversely affected through heatgeneration, fires, or explosions.

The primary criticism of the proposedregulation, other than the restriction onairborne contaminants, was that theprohibition was inappropriate becausemany wastes classified as ignitable,reactive, or incompatible might losethese properties when land treated. TheAgency agrees and has modified theregulation. The final standard requiresthe owner or operator to incorporateignitable or reactive wastes into the soilin such a manner that the resultingwaste, mixture, or dissolution ofmaterial no longer exhibits ingitable orreactive characteristics, and complieswith § 265.17(b). Ignitable or reactivewastes may also be placed in a landtreatment facility if they are renderednon-ignitable or non-reactive beforeland treatment. Incompatible wastesmay not be placed in the same landtreatment area unless the land treatmentprocess complies with § 265.17(b]. For adescription of the general requirementsapplicable to the disposal of ignitable,reactive, or incompatible wastes see the"General Facility Standards" portion ofthis Preamble.

M. Subpart N-LandfillsLandfilling has historically been the

preferred means of disposing ofhazardous waste. Until the last decade,some people acted as though, onceburied, hazardous wastes would causeno more difficulties. Past practices oftenfocused only on burying the waste to getit out of sight and on control of surfaceproblems such as blowing litter or

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Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 1 Rules and Regulations

vectors. Recent experiences at LoveCanal in New York and other burialoperations have demonstrated thepotential for severe human health andenvironmental impacts from improperlandfilling.

Many argue that, since many of thesewastes remain hazardous for very longperiods, they should not be landfilled.EPA agrees in principle that it is betterto destroy or recycle hazardous wastesthan to landfill them, but the factremains that, for the foreseeable future,land disposal will be necessary becauseit is technically infeasible at present torecycle, treat, or destroy all hazardouswaste.

Over the past decade, research andinvestigations of good and badpractices, including documented damagecases, have advanced the state-of the-art of landfilling significantly.Landfilling is much more than just burialof wastes, particularly for hazardouswastes. Landfills must provide long-termprotection of ground water, surfacewater, air, and human health. Althoughthe state-of-the-art is still developing, anumber of techniques are now availablefor effectively reducing the adversehealth and environmental effects fromlandfills.

The problems which hazardous wastelandfills have presented can be dividedinto two broad classes, which theseregulations attempt to address. The firstclass includes fires, explosions,production of toxic fumes, and similarproblems resulting from the impropermanagement of ignitable, reactive, andincompatible wastes. The Agencybelieves that methods for dealing withthese problems are generally availabletoday, and that they can begin to beimplemented in these interim statusstandards without substantial capitalexpenditures, the need for case-by-case,determinations by EPA permittingofficials, or substantial lead times.These methods include the analysis ofwastes to provide enough informationfor their, proper managment; thecontrolled mixing of incompatiblewastes or their segregation in separatelandfill cells; and the landfilling ofignitable and reactive waste's oniy vhenthey are rendered not ignitable orreactive.

The second class of problems,contamination of surface and groundwaters, presents substantially moredifficulty. Several approaches toenvironmental protection, includingproper siting, lining, and leachatecollection, do not meet EPA's generalinternal guidelines for those standards itwill impose during interim status. Suchstandards might involve too great a pre-permit investment, or might be so site-

or waste-specific that they wouldrequire case-by-case determinations bythe Regional Administrator. Suchstandards could also require automaticclosure or relocatioi of some facilities,or substantial retrofitting. Othermeasures, however, are available whichwill help reduce the formation ofleachate in currently operating landfills.The measures incorporated in theseinterim status regulations are diversionof "run-on" (water flowing over theground onto active portions of thefacility] away from the active face of thelandfill; treatment of any liquid wastesor semi-solid wastes so that they do notcontain free liquids; proper closure(including a cover] and post-closure careto control erosion and the infiltration ofrainfall; and crushing or shredding mostlandfilled containers so that they cannotlater collapse and lead to subsidenceand cracking'of the cover. In addition,'these regulations require ground-watermonitoring to detect contamination ofground water, and collection ofrainwater and other rn-off from theactive face of the landfill to controlsurface water pollution. As discussedpreviously under "GeneralRequirements for Ignitable, Reactive, orIncompatible Wastes," the Agency isalso considering requiring thesegregation of wastes, such as acids,which would mobilize, solubilize, ordissolve other wastes or wasteconstituents, such as heavy metals..These regulations represent animportant step toward safer disposal ofhazardous wastes in landfills.

Regulations similar to those appearingin the present sections on "GeneralOperating Requirements" aid "SpecialRequirements for Ignitable or ReactiveWastes" were proposed for inclusion inthe general standards. They are beingpromulgated here interim final only tothe extent that the Agency will acceptcomments on whether they areappropriate for inclusion in the interimstatus standards. Regulations on closureand post-closure, special requirementsfor liquid waste, and specialrequirements for containers are beingpromulgated interim final and arefurther discussed below.

1. Landfill Cells. These regulationsincorporate the concept of landfill cells.Such cells can be used to separateincompatible wastes.

As suggested by the comments, theproposed definition of a cell as "aportion of a waste in a landfill" hasbeen replaced by "a discrete volume ofa hazardous-waste landfill which uses aliner to provide isolation of wastes fromadjacent cells or wastes." This makes

'the cell a discrete part of the disposal

facility rather than a portion of waste asin the proposed definition. Thisarrangement, together with theflexibility of closure regulations, and theconcept of partial closure, permitsdifferent cells to have different closurerequirements and may permit differentfinancial arrangements in appropriatecircumstances. Cells may be physicallyseparate areas of a landfill, or trenchesor parts of trenches, or separate pits.The determining condition is that thecell be a discrete volume separated by aliner or cover from adjacent cells orother wastes in the facility.

2. Surface Water Run-on, Arequirement for control of surface waterrun-on was not included in the proposedinterim status standards. Thisrequirement was specified, however, inthe proposed general standards in§§ 250.43(b) and 250.45-2(b)(7). Thepurpose of this standard was tominimize the amount of surface waterentering the landfill facility. Rdn-oncontrols prevent (1) erosion, which maydamage the physical structure of thelandfill, (2) the surface discharge ofwastes in solution or suspension, and (3)the downward percolation of run-onthrough wastes, creating leachate.Control is accomplished by constructingdiversion structures to prevent surfacewater run-on from entering the activeportion-of the landfill facility. A note inthe.proposed regulation provided that nodiversion structures were requiredwhere it could be demonstrated to theRegional Administrator that localtopography would prevent surface waterrun-on from entering the facility.

'Comment was received that theproposed regulation implied that all run-on would have to be diverted from thelandfill, and that the regulations shouldspecify the capacity of the diversionstructure in terms of the useful life of thelandfill.

The Agency believes that the mainarea of concern for protection of humanhealth and the environment is the activeportion of the landfill, not the landfillfacility as a whole (as may have beensuggested by the language of theproposed regulation). It is at activeportions that run-on is most likely (1) toseep into the exposed waste, Icontributing to the formation ofleachate, or (2) to erode wastes, orconstituents of them, and carry themaway in run-off. The Agency requires inthese regulations that all surface waterrun-on be diverted from active portions.Diversion of run-on may beaccomplished by locating the activeportion in areas where the topographynaturally prevents run-on, by sloping orcontouring the land, or by constructing

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ditches, culverts, or dikes. The capacityof diversion structures should bedetermined by the owner or operatorconsidering site topography, size ofdrainage area, and size of the activeportions.

Comments were received suggestingthat the proposed standards be modifiedto allow the owner or operator theflexibility to either divert surface waterrun-on or collect and treat all of thesurface run-off, as long as Clean WaterAct effluent limitations were compliedwith. The Agency disagrees. EPAbelieves that such a standard allows theunnecessary infiltration of water intothe landfill.

The Agency has determined thatdiversion of run-on is appropriate forinclusion in the interim status standards.Run-on control is for active portionsonly. The Agency expects that run-ondiversion structures, where neededbecause of topography, will most likelybe earthen dikes or berms, or ditches,which can be erected with earth movingequipment commonly found at landfills.These structures can be temporary, andcan move with the active portions asmaterial is added to the landfill. Suchstructures can be designed andmaintained adequately during interimstatus without case-by-case review bypermitting officials.

A 12 month delay is allowed forcompliance with this requirement sothat operators will have adequate timeto make any necessary topographic andhydrologic determinations and completeconstruction.

3. Contaminated Surface Water Run-Off. Requirements for collecting andmanaging contaminated surface waterrun-off were not included in theproposed interim status standards, butwere proposed in the general standardsin § § 250.43(c) and 250.45-2(b)(8). Theirobjective was to reduce the potential foroff-site migration of contaminated run-off to land or to waters of the UnitedStates. There have been a number ofdamage incidents caused bymismanaged or uncontrolledcontaminated run-off from landfills. Tenof these incidents are briefly describedand referenced in the landfillbackground document. These damagecases demonstrate that run-off frdmactive portions of hazardous wastelandfills can cause serious adverseimpacts to land and surface waters. Incontaminating streams, run-off fromlandfills frequently results in fishkillsand destruction of other aquatic life.During the period 1963-1974, forty-sevenseparate fishkills caused by run-off fromwaste disposal were recorded by EPA.Based on this evidence, EPA believesthat it is imperative that run-off from

active portions of hazardous wastelandfills be controlled during the interimstatus period.

Furthermore, control of run-off fromactive portions of hazardous wastelandfills is presently a widely acceptedand relatively simple practice. As ofJanuary 1979, all but two Statesspecifically require in their solid orhazardous waste regulations control ofrun-off from at'least the active portionsof all off-site landfills.

Run-off control is accomplished by (1)minimizing run-off and (2) collecting andmanaging run-off from active portions.Run-off is minimized by (1) preventingrun-on, (2) minimizing the size of theactive portion, and (3) preventingdisposal of liquid wastes in the landfill.

There are two basic types of landfilloperations: trench method and area fillmethod. By design, almost all trenches,and area fills using depressions or pits,control most run-off because of surfacecontours (i.e., liquids that come intocontact with the waste generallyinfiltrate rather than run-off). Area fillswhich do not use depressions can beoperated by building a berm or dike onthe low elevation side to contain anyrun-off. However, when landfills usingeither the trench or area methodsbecome large and substantially abovegrade, both ran-off and leachate seeps,which often occur on the outer slopes ofthe fill, need to be collected. Run-offwhich does emerge from active portionsmay be collected by ditches, berms,dikes, and culver~ts which direct it(sometimes by sump pump) to surfaceimpoundments, basins, tanks, ortreatment facilities. These collectiondevices may consist of temporarystructures around active portions. Sincerun-off usually has been in contact withwaste or leachate seeps from activeportions, and since run-off sometimes ifcollected via a leachate collectionsystem, it is usually contaminated. Thus,it is usually impossible to differentiatebetween rainwater run-off and leachaterun-off at the active portion of a landfill.Because of this, the proposed definitionof "run-off", which was "that portion ofprecipitation that drains overland. .has been revised to "any rainwater,leachate, or other liquid that drains overland.. . This change indicates thatmore than just precipitation must becollected.

Once collected, a number of optionsexist for treating and disposing of run-off. These are the same options whichexist for managing liquid wastes andleachate and include deep wellinjection, land treatment, treatment insurface impoundments (evaporation,aeration, chemical treatment, etc.),dewatering or mixing with an absorbent

material and disposal in the landfill,percolation through a filtering orattenuation medium (e.g., charcoal, clay,soil, sand), or discharge to a sewer orother treatment facility.

The proposed landfill standardsrequired that if surface water came intocontact with the active portions of afacility, it was to be collected andmanaged as a hazardous waste unless itwas analyzed and found not to behazardous.

The Agency received essentially noobjections to the proposed requirementthat landfill run-off be collected andtreated in some fashion. Most of thecomments on the proposed standardsconcerned the capacity of the treatmentsystems or the final disposition of therun-off. These comments are discussedin the background document. The -current regulation does not limit themethod of treatment of run-off.

The regulation requires run-off fromactive portions to be collected. Thecollected run-off is a solid waste froman industrial activity (the operation ofthe landfill) and the owner or operatormust determine whether it is ahazardous waste in accordance withSection 262.11 of this Chapter. If thecollected run-off is a hazardous waste itmust be managed as a hazardous waste.Even if it is not a hazardous waste, goodmanagement practices may still requiresome degree of treatment or use of othertechniques as previously discussed,although such practices are not requiredby these regulations. A 12 month delayfor compliance with these regulations isgiven so that existing facilities mayconstruct new run-off control systems orupgrade existing systems, includingthose for run-off treatment and disposal.If collected run-off is discharged towaters of the United States, owners oroperators of facilities must have orapply for an NPDES permit under theClean Water Act.

4. Wind Dispersal. Dispersal oflandfilled hazardous wastes by wind isnot often a problem. The Agency's majorconcern in requiring the control of winddispersal is large waste piles whichconstitute disposal and thus come underthe landfill regulations. The Agency isaware of at least one case in whichwind dispersal from a pile of asbestoswastes created a health risk. It thereforeseems prudent to require that, wherelandfllled hazardous waste is subject towind dispersal, the landfill be managedso that wind dispersal is controlled.Appropriate methods may vary fromwaste to waste, and the Agency believesthat the owner or operator of the facilityis best able to develop an adequate,cost-effective technique to meet thisrequirement.

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This requirement was not proposedfor inclusion in either the interim orgeneral standards. Comments andmeetings following publication of theproposed regulations brought to light thefact that piles are sometimes used for'storing and disposing of wastes, some ofwhich may be hazardous. Subpart L(Waste Piles) grew out of thesecomments, and also includes arequirement for controlling winddispersal. The Agency believes that thisrequirement should typically not requiremajor capital expenditures, does notrequire case-by-case determinations bythe Regional Administrator, and can beaccomplished within six' months. It istherefore appropriate for inclusion in theinterim status standards. Since it wasnot proposed, it is being promulgatedinterim final, and the Agency solicits-comments on it.

5. Surveying and Recordkeeping.Recording the location of eachhazardous waste type within a landfillcell will help ensure that thisinformation is available for properlandfill operation, closure, and damageassessment, when necessary. Forexample, this information is useful in

-managing potentially incompatiblewastes and materials, and will help dealwith emergencies, such as fires and helpin locating sources of contamination.Methods of correction and potential forfurther damage may also be morereadily identified.

The major issue raised in thecomments was an objection to theproposed requirement that exactlocations of waste within each cell berecorded. The Agency agrees that thisrequirement may have been overlyrestrictive as applied to all wastes. Theregulation now only requires recordingthe'waste's approximate location withina cell. However, the owner or operatormust record the location of each wastetype with sufficient accuracy to enableproper management of incompatiblewastes, and later treatment, excavation,or other remedial action, if necessary.For example, with an extremely mobilewaste this may mean recording its exactlocation; for a landfill or landfill cellwhich receives only a few types ofwastes, it may mean merely recordingthe approximate location of thedemarcations betweenwastes. EPAsuggests the use of a three-dimensionalgrid system, referencing waste typelocation on a map which is keyed topermanently surveyed benchmarks. Thesize of the units in the grid should be afunction of the number of waste types,their amounts and the number oflocations of each type.

6. Landfill Closure. At least 180 daysbefore landfill closure during the interimstatus period, the owner or operatormust submit to the RegionalAdministrator, for his approval,modification, or disapproval, a detailedplan describing the manner in which thelandfil will be closed and maintainedduring thd post-closure period. (See theprevious preamble discussion onClosure and Post-Closure Care).

A final cover must be placed over thelandfill at closure. The closure plan mustaddress the functions and specify thedesign of the final cover. It is necessarytoplace appropriate cover on a landfillin order to control the infiltration ofmoisture that could increase leaching,and to prevent erosion or escape ofwastes, waste constitutents, orcontaminated soil.

The proposed standards includedspecific requirements regarding the type,depth, permeability, and number of soillayers required for the final cover. Theyalso included specific quantitative limitson grade (slope) and terracing of thecover to prevent erosion.

EPA received numerous commentsobjecting to these specific requirements.Commenters suggested that differentcombinations of cover materials,thicknesses, and permeabilities couldachieve equivalent results, and thatgreater flexibility was needed toaddress site-specific situations.Numerous commenters suggested thatthe proposed 6-inch clay cover wasinadequate. Similar objections wereraised iegarding the final grade andterracing requirements.

The proposed regulation included avariance that allowed alternate coverdesigns to be substituted as long as theyprovided equivalent performance, andthus there was some flexibility.However, the proposed variances wouldnot have addressed concerns over thebasic level of control specified, forexample, a 6-inch clay cover.

The Agency believes that thecommenters have made valid points.The specific limits proposed are notappropriate for all situations. Theconditions af each site should weighmore heavily than perhaps the proposedregulation would allow in determiningan appropriate cover requirement. Thefinal regulations provide this flexibilityby requiring that certain objectives beaddressed in developing a closure planand designing a final cover. Thespecified objectives are: (1) control ofpollutant migration from the facility viaground water, surface water, and air, (2)control of surface water infiltration,including prevention of pooling, and (3)prevention of erosion.

The regulation also lists a minimumset of technical factors which the owneror operator must consider in addressingthe control objectives. With regard tocover design characteristics, thesefactors include cover materials, finalsurface contours, porosity andpermeability, thickness, slope and lengthof run of slope, and type of vegetation.The cover design should take Intoaccount the number of layers, and theindigenous vegetation. It should avoid Ormake allowances for deep-rootedvegetation, and prevent water frompooling. The design will depend on theavailability and characteristics of on-site or nearby soils, and a number ofother site-specific factors. The finalcover design could simply be theplacement, compaction, grading, sloping,and vegetation of on-site soils, or couldbe a complex design such as acombination of compacted clay ormembrane liner placed over a gradedand sloped base and covered by topsoiland vegetation.

The final regulation requires (inSubpart G) the approval, disapproval ormodification of the closure plan by theRegional Administrator, afteropportunity for public comment. Thisprocess is necessary to assure thatclosure plans will achieve the objectivesspecified with an adequate degree ofconfidence.

Because it has been modifiedsubstantially, the regulation on landfillclosure is being promulgated interimfinal and the Agency will consideradditional comments on it. Manycomments on the proposed regulationseverely criticized it for being tooinflexible. The Agency believes that thepresent regulation responds to thesecomments by creating an extremelyflexible system under which allpertinent characteristics of an individualfacility can be considered indetermining how it should be closed,Since the system leaves so muchlatitude for the creation of individualclosure plans, those plans will need tobe reviewed on a case-by-case basis byRegional Administrator to assure thatthe objectives of the regulations areachieved.. The Agency believes that theimportance of proper closure justifiesthis interaction with the RegionalAdministrator during the interim statusperiod. The closure and post-closurerequirements are essential for protectionof human health and the envlronment'inthe long-term (after post-closure careperiod). Unless certain precautions, suchas a stable and properly designed coverand future site use controls, are taken,there is a high likelihood of future

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ground water, surface water, or aircontamination or direct exposure of thepublic to hazardous waste. Operatingexisting leachate collection systems, gascontrol systems and ground-watermonitoring systems throughout the post-closure care period are essential toeliminating future environmentalproblems and determining when post-closure care can be terminated.

7. Post-Closure Care. In order for thefinal cover to satisfy the specified,objectives, it must be properlymaintained following closure. This isalso true of certain monitoring andcontrol measures, such as ground-watermonitoring systems.

EPA received few comments on theproposed post-closure carerequirements. Nonetheless, somemodifications have been made toaccommodate changes made in othersections of the regulations. Post-closuremaintenance of a leachate monitoringsystem (unsaturated zone monitoring) isnot required for all facilities becausesuch monitoring systems are no longerrequired. (See the discussion on SubpartG requirements.) A requirement thatexisting leachate collection and removalsystems be maintained, however, hasbeen substituted. Hazardous leachatemay continue to be generated within thelandfill long after the site is closed, evenwith a relatively impermeable cover.The Agency believes that, in order foran installed leachate collection systemto achieve its purpose, leachate must be-removed as it is generated, even afterclosure.

The one post-closure requirementwhich did generate a number ofcomments was the restriction againstconstructing buildings on closedlandfills where radioactive wastes weredisposed of. The Agency agrees withcommenters to the extent that concernabout radiation (uranium and phosphatewastes) was the basis for this regulationand that such building restrictionsshould be placed in regulations dealingspecifically with those wastes. EPAexpects to promulgate requirements forsuch wastes in its Phase lH regulations.

Other commenters suggested that allconstruction or other activities whichwould damage the final cover should beprohibited. The Agency concurs, ingeneral, and has added a requirement in§ 265.117(c) that activities which coulddisturb the integrity of the final cover orany liners or the function of themonitoring systems, are not allowedwithout the Regional Administrator'sapproval under specified criteria.

While the post-closure care regulationhas not changed radically from theproposed regulation, it is beingpromulgated interim final along with the

closure regulation because the two forman integrated package. Comments willbe considered on the post-closure careregulation along with the closurerequirements.

8. Ignitable or Reactive Waste. Theproposed regulations prohibiteddisposing of ignitable or reactive wastein a hazardous waste landfill unlesscertain conditions were met: airbornecontaminants could not exceed aspecified concentration and there couldbe no damage to the structural integrityof the facility.

Several commenters claimed that thisprovision "banned" landflling ofignitable or reactive waste. Thecommenters suggested that these wastescan be placed in a landfill in a way,such as by blending with soil or othermaterials, that eliminates or minimizesthe danger of fires or explosions.

The final regulation now requires thatignitable or reactive wastes be treatedor mixed before or immediately afterbeing landfilled so that they are nolonger ignitable or reactive. Mixing thewaste with soil or other material before,during, or immediately after the waste isplaced in the landfill is allowed if theresulting mixture is neither ignitable norreactive. This treatment must meet thegeneral requirements for handlingignitable, reactive, or incompatiblewastes in § 265.17(b). As explainedpreviously, the provision in the proposedregulation concerning volatility has beendeferred.

9. Incompatible Wastes. Incompatiblewastes or materials can react when theycome in contact with each other,resulting in the substances or reactionslisted in Appendix V, such as fires,explosions, or formation of toxic gas.Such contact can be prevented byplacing incompatible wastes in separatelandfill cells, as proposed in the landfillregulations.

Commenters supported this concept:some suggested specific degrees ofseparation, e.g., certain soil thickness, orseparation based on waste properties.The Agency found no basis for anyspecific waste separation requirementbecause so many site-specific variablesare pertinent, such as characteristics ofthe liner or separation material, (e.g.,permeability and thickness], specialrelationship of cells (e.g., above or onthe side of the other], cover material,and waste characteristics. Therefore, nospecific separation requirement isincluded in the final regulation.

Comments received on other sectionsof the proposed regulations indicatedthat potentially incompatible wastes canbe premixed or treated before or duringdisposal so that they are no longerincompatible. Therefore, the final

regulation has been revised to allow theplacement of incompatible wastes in thesame cell, if they will meet the generalrequirements for incompatible wastes in§ 26517(b).

10. Bulk Liquid Waste. The disposal ofliquid hazardous waste, both bulk andcontainerized, was the mostcontroversial area of the proposedlandfill regulations. The proposedregulation specified that bulk liquid,semi-solid, and sludge wastes must notbe disposed of in a landfill, unless theywere pretreated or treated in the landfill"so that a non-flowing consistency isachieved to eliminate the presence offree liquids prior to final disposal in alandfill." The purpose of this proposedregulation was to reduce the presence ofliquid wastes and free liquids in alandfill.

Liquid wastes and free liquids canmigrate through a landfill, dissolving ormobilizing toxic substances in theprocess. In other words, liquid in alandfill usually becomes a transport andleaching medium. The resultant leachateproduces a hydraulic head greater thanthat resulting from precipitation alone.The additional liquids, leaching, andhead can increase the amount and rateof movement of hazardous contaminantsfrom the landfill to groundwater.

Comments on the proposed regulationranged from suggestions that liquidwastes should be categorically bannedfrom landfills to suggestions that thereshould be no restrictions placed onlandfllling of liquid wastes. There werealso comments that the regulationsshould allow absorption of liquid wastesby municipal refuse and allow in-situabsorption via a well or pit in thelandfill.

The Agency believes that there arecontrolled conditions under whichliquids in landfills can be tolerated. Forexample, with a secure liner (chemicallyand physically resistant to the liquidsand of low permeability) and a leachatecollection and removal system, leachatecan be removed from above the linercontinuously to prevent build-up of ahydraulic head. The low permeability ofthe liner should result in no migration ora very slow rate of migration through it.The collected leachate can then beeither treated and disposed of in thefacility, or otherwise disposed of. Thus,if a landfill has a leachate collectionsystem, in-situ absorption can beenvironmentally acceptable. The finalregulation therefore allows in-situabsorption of bulk liquid wastesprovided the landfill has a chemicallyand physically resistant liner and afunctioning leachate removal system.and provided the capacity to remove thehydraulic head is not exceeded.

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Where a landfill does not have aleachate collection and removal system,however, liquids in the landfill willeventually, migrate and will usuallycarry pollutants out of the landfill andinto ground water. The many incidentsof ground-water contamination frompoorly operated hazardous wastelandfills testify that this is a commonproblem. In addition, when liquidwastes are disposed of directly into alandfill without assuring absorption,there is no way of knowing whetherthey'are largely being absorbed andheld by solids in the landfill, or arepassing through relatively quickly.Liquid migration can, however, begreatly reduced If liquid wastes andwastes containing free liquids aretreated before being landfilled, as bymixing with absorbent matei'ials, sp thatfree liquids are no longer present. Theregulations require such treatment inlandfills that do not have appropriateleachate collection and removalsystems. Treating the liquid wastebefore it is landfilled gives visualcontrol of the liquid to absorbent ratio,,allows testing to confirm absorbentcapacity, and assures slow release;these are not possible when in-situabsorption is practiced. Examples ofabsorbent materials which may be Iacceptable include soil, fly ash, andcement kiln dust. EPA discourages theuse of biodegradable-municipal waste asan absorbent until studies prove itslong-term effectiveness.

A number of commenters asked fordefinitions of the terms "non-flowing","semi-solid", "sludge", or "free liquids",which were used to describe hazardouswastes in the proposed regulations. Anumber of suggestions were given as tohow or how not to define these terms.After review of these comments, EPAhas decided to use the term "freeliquids", defined as "liquids whichreadily separate from the solid portionof a waste under ambient temperatureand pressure." This term and meaningbest reflect the use to which this term isput, which is to distinguish when awaste contains liquids which willreadily flow from the waste in a landfillto produce leachate. For sludges orsemi-solids which are not obviouslyliquids, the following test may be usedto determine if they contain "freeliquids." Place a one to five kilogram (2.2to 11.0 lbs) sample of waste on a level orslightly sloping plate of glass or othersimilarly flat and smooth solid materialfor at least five minutes. If a liquidphase separation is observed, the wastecontains "free liquids." EPA feels thistest provides a practical way to testsludges and semi-solids and helps

clarify the meaning of free liquids until amore rigorous test is devised.

The test is intended to simulate, in asimple way, the behavior of semi-solidwastes placed on the surface of alandfill. If liquids can be observed as aseparate phase draining over animpermeable substrate from the base ofa small sample of the waste, suchliquids can also be expected to drainfrom the waste itself when it is placedon the surface of the landfill, and will befree to migrate into the landfill much asliquid wastes would. The fact thatliquids cannot be observed to migratefrom a small sample after a few minutesdoes not, of course, assure that they willnot migrate from a larger sample, orafter a longer period of time, or whenthe waste is compressed by wastesplaced over it. This test thus representsa rough minimum for the containment offree liquids. The Agency expects tostudy the problem offree liquids furtherand to attempt to devise tests whichmore accurately reflect the conditions ofwaste within a landfill.-The Agencyspecifically solicits further comments on(1) difficulties that may be expected inapplying the test, and (2) suggestions forother tests or improvements to this testwhich will better test for the presence .ofliquids which can relatively easilymigrate from wastes.

Alternatives to direct disposal ofliquid wastes in landfills include mixingthe wastes with an absorbent materialprior to landfilling, as describedpreviously, chemically fixing orsolidifying the wastes before landfilling,dewatering before landfilling, treatingthe wastes to render them non-hazardous, well injection, incineration,resource recovery, and storage incontainers, tanks, and surfaceimpoundments. These options may beimpossible for some wastes. Takenseparately, facility capacities for theseoptions may be limited in the region ofwaste generation, or may require a longlead time to develop; nationally, nosingle option can handle all thehazardous liquid and semi-solid wastes.Taken together, however, EPA believesthese options can provide the requiredstorage, -treatment, and disposalcapacity to offset the amounts of liquidwastes currently disposed of bypractices prohibited by this regulation.Indeed, this kind of prohibition isalready being implemented in someStates. At least 19 States alreadyprohibit or restrict the disposal of bulkliquid wastes in landfills.

Although these provisions for bulkliquid wastes were included in theproposed general standards, they werenot included in the interim status

standards. The Agency believes thatwhile treating liquid wastes willincrease operating costs, it will notentail great capital expenditures forequipment or facilities. In addition,methods implemented during the interimstatus period to comply with theregulation will not require case-by-casedeterminations by Agency officials.

.However, the Agency believes thatgenerators, and owners and operators offacilities may need more than sixmonths to identify and developalternatives to landfilling bulk liquidwastes. The Agency has, therefore,delayed the date for compliance withthis regulation for 12 months past theeffective date of the regulations.,

While. this regulation has not changedsubstantially from the one proposed forthe general standards for landfills, it Isbeing promulgated interim finalprimarily because it generated so muchcomment but so little data whenproposed. Some of the commentsrequested clarification of the terms"semi-solid,' ''non-flowing," "sludge,"and "free liquids." The Agency believesthat its definition and test for freeliquids adequately respond to thesecomments.

Other comments fell in a spectrumfrom contentions that liquids should bebanned from landfilla to contentionsthat liquids in landfills should not berestricted at all. Few of these comments,however, provided any data or muchargument explaining why thei adopteda particular position. The Agency "solicits comments on the regulation andis particularly interested in commentson (1)'what data, if any, is available toshow that landfilled liquids canconfidently be expected to be absorbedand immobilized by other waste in thelandfill; (2) the nature and extent oftreatment that commenters wouldexpect to conduct at landfills incompliance with the regulation: (3)alternatives to landfilling liquids andwastes containing free liquids thatcommenters would expect to pursue as aresult of the regulation; and (4) thenature of the additional hazards, if any,that commenters expect to be created bythis regulation, and how they maycompare to the ground water pollutionhazards that the regulation attempts toalleviate.

11. Containerized Liquid Waste. Theproposed regulation required that eachcontainer of liquid hazardous waste besurrounded by a sufficient amount ofinert sorbent material to absorb all theliquid contents of the container. Sincecontainers are known to eventuallydecay in a landfill environment, thisrequirement was intended to prevent

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migration of liquid waste by providingan absorbent medium.

Commenters expressed diverseopinions on the proposed regulation,ranging from suggestions thatcontainerized liquid wastes be bannedtotally, to suggestions that theirplacement in landfills not be restrictedat all. Alternatives schemes were*suggested for providing absorptioncapacity within a landfill, such asplacing absorbent material inside acontainer, or surrounding a group ofcontainers (rather than singlecontainers) with absorbent material.The requirement that the absorbent be"inert" was also challenged.

Based on further Agency analysis, thefinal regulation generally prohibitsdisposal of containerized liquid wastesor wastes containing free liquid inlandfills. Drums eventually degrade,allowing liquids to escape. When drumscollapse and create voids, they cancause slumping and subsidence of thecover. This may increase the infiltrationof precipitation and can also result inthe escape of wastes through cracks orfissures in the final cover. Furthermore,there is no assurance that the liquidwaste will be fully absorbed insurrounding material. It is difficult topredict the absorbent capacity of amaterial buried in a landfill. Forexample, the absorbent material itselfmay have decayed by the time adrummed liquid is released or may havealready been saturated with moisturefrom another source (such as infiltrationor moisture from the decay of organicwastes). Liquid wastes released from adrum also will most likely form channelsfrom the point of leakage rather than beevenly absorbed. In addition, it isimpossible to predict when drums willfail in a landfill environment. This is aparticularly critical uncertainty in thatfailure could occur after the post-closurecare period when facility maintenanceand ground-water monitoring are nolonger performed. Conversely, it wouldbe impossible to establish a rationaltermination of the post-closure care andfinancial responsibility period if thestability of the cover and liquid wasterelease were so uncertain. In contrast, ifdrummed liquids are mixed withabsorbent materials, as bulk liquidwastes must be, a history of trouble-freeoperation and post-closure monitoring isa much surer indicator that the landfillwill continue to be free from ground-water contamination after post-closurecare and monitoring cease.

For these reasons, EPA believes that aprohibition on placing containerizedliquid waste, or waste containing freeliquids in landfills will provide more

effective control than the proposedoperating restrictions. At least 11 Statesalready prohibit or restrict disposal ofcontainerized liquid wastes at landfills.

The alternatives to landfllingcontainerized liquid wastes areessentially the same as those for bulkliquid wastes, except that storage of thecontainers probably will be simpler thanfinding storage for bulk liquid wastes.Thus, the same reasons exist forproviding a 12 month delay in the datefor compliance with this regulation,

The Agency believes that somecontainerized liquid wastes will beemptied and treated before being placedin a landfill. Removing liquid wastesfrom drums may increase the likelihoodof waste spills and will most likelyresult in increased air emissions fromvolatile waste. Although these interimstatus regulations do not currentlyaddress volatile waste, the Agencyexpects to do so in the Phase Hl andPhase III regulations as informationbecomes available, and may amendthese interim status regulations whereappropriate. Additionally, the Agencybelieves that until the problem ofvolatile emissions canq be dealt with in amore satisfactory manner, volatilehazardous waste should generally notbe placed in any disposal facility.Opening drums containing liquidhazardous waste, particularly volatilewaste, requires special safetyprecautions, such as ventilation or useof respiratory equipmenL However,adequate handling methods arecurrently used at some facilities tosafely dispose of bulk liquid wastes, andto empty containers holding waste withfree liquids. These methods cangenerally be employed at other landfillsas well.

The prohibition on landfillingcontainers (empty or full) applies to 55-gallon drums and other similarcontainers, but does not apply todevices which function as a containerfor hazardous waste during their usefullife, such as batteries or capacitors or tovery small containers such as ampules.These types of containers are not likelyto contribute substantial volumes ofliquid to most landfills, and the difficultyof opening and emptying them appearsto outweigh the small benefit gained.

Since this regulation has beenmodified substantially from the oneproposed for interim status, it is beingpromulgated interim final. Commentsare solicited on the regulation andespecially on the four points listedpreviously under "Bulk Liquid Wastes."

12. Empty Containers. The Agencyalso is concerned that empty containersburied in a landfill can collapse anddisrupt the final cover. Therefore, the

landfilling of empty containers is alsoprohibited. Each empty container mustbe crushed flat. shredded, or in someother manner reduced in volume, beforebeing incorporated into the landfill. EPAassumes that most empty containers willbe crushed by landfill equipment priorto or during disposal in the landfill.Current procedures in at least six Statesalready call for empty drums to becrushed hefore disposal in a landfill.

Since the proposed regulations did notcontain a requirement for the disposal ofempty containers, the Agency ispromulgating this regulation interimfinal. The Agency solicits comments onthis regulation, especially (1) on thenature and extent of activities whichcommenters expect to conduct incompliance with the regulations, and (2)how these activities relate to themanagement of emissions during thedisposal of volatile hazardous waste.N. Subpart 0-Incinerators

Incineration is a relatively well-developed and well-understoodtechnology. Properly executed, it canaccomplish safe destruction of primarilyorganic hazardous waste, permanentlyreducing large volumes of wastematerials to non-toxic gaseousemissions and small amounts of ash andother residues. Incineration can oftenprovide an optimum, permanent solutionto hazardous waste management withminimal long-term ecological burden.

The proposed § 250.45-1 technicalperformance and design requirementsfor incineration cannot be implementedduring interim status. The time and costsof upgrading most existing facilities tocomply with these standards would beconsiderable, and the designs wouldrequire EPA approval during thepermitting process. As a result, theAgency has developed a few generaloperation requirements for incinerationwhich can be implemented during theinterim status period. These standardswill improve operating procedures byeliminating some practices which haveresulted in problems in the past.

Technical criteria for issuing permitswill be promulgated during Phase If ofthe RCRA regulatory program. Thesewill be accompanied by a design andoperation guidance manual which willassist permitting officials and theregulated community in evaluating theadequacy of specific incinerators. Mostof the specific, quantitative design,operation, and performancerequirements will be issued whenadequate technical support for thesestandards can be firmly established.

The Phase I regulations apply toincinerators which bum hazardouswaste regardless of their size, capacity,

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-physical or mechanical type, orgeographical location. The incinerationof gaseous, liquid, semi-solid, and solidhazardous waste, and blends thereof, issubject to these regulations. Theincineration of combistible wastes ofvarying heating values, as well asaqueous and other wastes which mayrequire co-incineration with auxiliaryfuels, is also subject to the Subpart 0standards. Boilers which burn wasteprimarily to recover energy are not nowcovered by Subtitle C of RCRA.

These standards were not proposed tobe' effective during the interim status.period. However, as commentssuggested, the Agency believes thatseveral of the proposed "good operatingpractice" regulations can beneficially beinstituted during interim status to reducehazards associated with poor operatingprocedures. The incineration standardsfor the interim status period are beingpromulgated interim final, and theAgency will accept comments on them.To some extent, these standards arederived from parts of the proposedregulations. An analysis of the majorcomments received on these parts of theproposed § 250.45-1 standards follows.

Several commenters felt that RCRAwas not intended to regulateincineration, contending instead that theClean Air Act is the appropriate vehiclefor regulating incinerators. To supporttheir argument, these commentersclaimed that Section 1004(3) of RCRA(which defines "disposal") spoke interms of land disposal situationsinvolving primarily water and soils, andwas not relevant to incineration.

The Agency disagrees with thisargument. Incineration is in fact atreatment process. It meets thedefinition of "treatment" in Section1004(34) of RCRA:

* * * any method, technique, or process,including neutralization designed to changethe physical, chemical, or biological characteror composition of any hazardous waste so asto neutralize such waste or so as to rendersuch waste non-hazardous, safer fortransport, amenable for recovery, amenablefor storage, or reduced in volume * * *

The objective of incineratinghazardous waste is normally to changethe physical form or chemicalcomposition of the waste so as to renderit less hazardoui. Incineration may alsorender the waste "safer for transport,amenable for recovery, amenable forstorage, or reduced in volume."Therefore, incineration is a treatmentprocess within the meaning of RCRA,and the Agency has a mandate toproduce operation, location, design, andconstruction regulations for theincineration of hazardous wasteadequate to protect human health and

the environment. The interaction ofRCRA and the Clean Air Act is•discussed above.

1. General Operating Requirements.Some commenters requested that aspecific period of time during start-upand shutdown be designated, duringwhich the proposed performancestandards (for combustion anddestruction efficiency) would not apply.These commenters claimed that duringthese periods, temperature and othercombustion conditions are subject towide fluctuations, and thus, obtainingthe required destruction efficienciesduring these times would be difficult.The Agency agrees that thesefluctuations can occur during start-up

- periods, and believes that thisundoubtedly results in hazardousemissions. To counter this problem, thefinal rules require that incineratorsachieve normal steady-state combustionconditions, using auxiliary fuel, beforewastes are introduced.

2. Monitoring and Inspections. Anumber of comm6nts*were received onthe proposed monitoring and facilityinspection requirements. Commentersraised questions about the expense andreliability of the required gaseousmonitoring equipment, the frequency ofinspection, and the specification ofmonitoring points. Detailed monitoringrequirements and the comments onthese requirements will be addressed inthe Phase II and Phase Ulfregulations. Inthese Phase I rules, the Agency hasspecified a minimum schedule formonitoring and inspecting the operationof incinerators. Combustion andemission control equipment must bemonitored, and operating correctionsmade when necessary, at least every 15minutes, to ensure that criticalconditions are not allowed to vary in anuncontrolled manner. In addition,inspection points, such as visible stackemissions and critical pumps, are alsorequired to be inspected in accordancewith both the minimum frequenciesspecified in the Subpart 0 standards,

"and in the facility inspection Schedule(see preamble discussion on"Inspections").

3. Waste AnalysiS. The requirementsfor waste analysis were contained in theGeneral Facility Standards section ofthe proposed regulations. As explainedearlier in the preamble discussionentitled "WasteAnalysis", eachtechnical section of the final rulescontains waste analysis requirementsspecific to the management methodregulated in that section. Accordingly,the final Subpart 0 standards includewaste analysis requirements whichspecify the parameters and constituents

for which each type of waste must beanalyzed. This analysis will enable theoperator to determine the type ofpollutants which might be emitted fromthe incinerator and to estimate thenecessary combustion conditions. Inaddition, the final general wasteanalysis rules require that eachshipment be inspected and, if necessary,analyzed to verify that the wasteactually received at the facility is thesame as that which was expected. Thewaste ahalysis standards specified InSubpart 0 are minimum proceduresnecessary to adequately operate anincinerator. Most reputable hazardouswaste incineration operators currentlyobtain considerably more detailedinformation on a new waste beforeincinerating it than these standardsrequire. All testing required In SubpartO is to be included in the waste analysisplan discussed above.

4. Energy Recovery. Somecommenters claimed that many wasteoils and solvents are usable as fuels andare hazardous only because of theirignitability, and that too great aneconomic burden would result fromsubjecting these relatively easilycombusted materials to the detailedcombustion, monitoring, and otherrequirements specified in the proposedrules.-The Agency has decided that theburning of hazardous'waste for energyrecovery will not now be covered underthe hazardous waste provisions ofRCRA. (However, storage ortransportation of listed hazardous wasteprior to energy recovery is covered bythese regulations.) Accordingly, if wasteoils and solvents are burned as a fuel ina boiler primarily to produce steam orusable energy, this action is not nowcovered by these regulations.

Facilities in which hazardous wastesare burned, and in which energyrecovery is only incidental or minimal,are subject to the Subpart 0 incineratorstandards. Examples of activitiescovered by these regulations include (1)coincinerating wastes with high thermalvalue to help offset the lack of thermalvalue in other waste, and (2) destroyingwastes in an incinerator to which awaste heat recovery boiler has beenadded. The decision as to whether afacility is subject to the Subpart 0standards depends on the primarypurpose of the unit in which the wadte isdestroyed. If the primary purpose is toprovide steam, such as in a powerboiler, the operation is not covered. Ifthe primary purpose is to treat wastes,then the unit is subject to the Subpart 0standards.

5. Closure. At closure, all hazardouswaste and hazardous waste residues




(including ash, scrubber waters, andscrubber sludges) must be removed fromthe incinerator.

Commenters noted that the proposedrules did not specifically addressresidues from incinerators. Pursuant to§ 261.3(e), residues removed fromhazardous waste incinerators areconsidered to be hazardous wastes, andthey must be managed as hazardouswastes in accordance with all -applicable requirements of Parts 262,263, and 265, unless the owner oroperator can demonstrate that theresidue is not a hazardous waste. Theincinerator operator is a "generator"with regard to such wastes, unless theyare exempted. A comment to this effecthas been added to the final rules.

0. Subpart P-Thermal TreatmentBecause incineration is the most

prevalent method currently used tothermally treat hazardous waste, boththe proposed and final rules contain aseparate section specific to this wastemanagement technique. However,incineration is only one type ofmanagement process that can be used tothermally treat hazardous waste. Thereare several less conventional methodsthat are being developed as analternative to classic incineration. Forexample, an EPA research anddevelopment program is exploring theperformance characteristics of amicrowave discharge system fordestruction of toxic compounds ingaseous, liquid, and solid forms.,Currently, the system has been foundsuccessful, with some inherentlimitations, for treating certain toxicorganic compounds.

Several commenters were concernedthat, because the proposed rulescontained no requirements applicable tomethods other than incineration tothermally degrade hazardous waste, theproposed rules might discourage thedevelopment and utilization ofalternative thermal treatment processes.

The Agency intends to encourage thedevelopment and use of these emergingtechnologies. Therefore, the final rulescontain a separate Subpart specific tothermal treatment processes other thanincineration. In addition, a definition of"thermal treatment" has been added tothe final rules to more explicitly definethe relationship between incineratorsand other thermal treatment devices.Thermal treatment is defined as:

"the treatment of hazardous waste in adevice which uses elevated temperatures asthe primary means to change the chemical,physical, or biological character orcomposition of the hazardous waste.Examples of thermal treatment processes areincinerators, molten salt pyrolysis.

calcination. wet air oxidation, andmicrowave discharge."

Incinerators are a subset of thethermal treatment class, thus, most ofthe Phase I Subpart P standards forthermal treatment facilities are similarto the Phase I Subpart 0 incineratorstandards. This section of the preambleonly discusses those aspects whichdiffer.

The interim status standards requirethat thermal treatment processesachieve steady state (normal) conditionsof operation before introducinghazardous waste. The rationale for thisrequirement is the same as forincinerators. The steady staterequirement for thermal treatment hasbeen modified because some acceptablethermal treatment processes may notoperate in a steady state manner (e.g.,batch-wise or non-continuous processesin which waste is introduced to thetreatment chamber prior to theapplication of heat).

Although not proposed as an interimstatus standard, a ban on open burningof hazardous wastes was contained inthe General Facility Standards sectionof the proposed regulations. Thisrequirement has been incorporated intothe interim status standards for thermaltreatment because the potential humanhealth hazards associated with thepractice dictate that open burning beended now. Comments received on theproposed standard centered around themilitary's need to dispose of explosivesin the open. The Agency agrees thatopen burning and open detonation arecurrently the only alternatives fordisposal of most munitions, and thus amodified and more detailed version ofthe proposed variance for wasteexplosives has been retained in the finalrules.

Waste explosives and bulkpropellants are inherently dangerous tocut or disassemble to make themamenable to present thermal treatmenttechnologies. This hazard isdemonstrated by the number of damageincidents that have occurred duringcutting and handling processes atexplosives manufacturing facilities.Open burning and open detonation ofknown types and amounts of bulkpropellants and explosives can beconducted safely without harm tohuman health and the environment.

The Agency has decided to allowopen burning and open detonation ofwaste explosives during the interimstatus period, provided that it isconducted at minimum distances fromthe property of others. These minimumseparation distances were developedand published by the Department of

Defense. The interim status standardsfor open burning allow small amounts ofexplosives (up to 100 pounds) to be openburned or open detonated at a minimumof 204 meters (670 feet) from locationswhere there may be persons in the open(e.g., the property of others], andsucceedingly greater distances forgreater amounts of explosives. Theselimits were developed by DOD asminimum safe distances for theprotection of persons in the open fromfragmentation, flying debris, or theeffects of overpressure. Since DOD doesnot provide safe distances for protectionfrom fragmentation for amounts ofexplosive waste larger than 30,000pounds, the Agency has limited theamount of explosive waste that can beopen burned at any one time to 30,000pounds.

Technical performance and designrequirements for thermal treatmentprocesses are being developed. Thesetechnical criteria will be addressedduring Phases U and III of the RCRAregulatory program. These standardswill be accompanied by a design andoperation guidance manual, which willassist permitting officials, the regulatedcommunity, and the public in evaluatingthe adequacy of specific types ofthermal treatment processes.P. Subpart Q-Chemical, Physical, andBiological Treatment

The proposed regulations covered thetreatment of hazardous waste primarilyby setting standards for treatment inbasins (now tanks), surfaceimpoundments, land treatment facilities,and incinerators. While these are theprimary kinds of equipment or facilitiesused to treat hazardous waste, chemical,physical, and biological treatment ofhazardous waste can also be conductedin other types of equipment byprocesses such as distillation,centrifugation, reverse osmosis, ionexchange, and filtration. The proposedregulations contained a section designedto regulate such chemical, physical, andbiological treatment. Because there aremany different types of possibleprocesses, and because the processesare frequently waste-specific, EPA'hasnot attempted to develop detailedregulations for any particular type ofprocess or equipment.

The Agency's primary concerns indeveloping these regulations has been,as it has been for other types of facilitiesand equipment, the safe containment ofhazardous waste, hazardous wasteconstituents, and treatment byproductsthrough waste analysis, inspections,special attention to the handling ofignitable, reactive, or incompatiblewastes, and proper closure. In these

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respects, most chemical, physical, andbiological treatment operations presentessentially the same problems andrequire essentially the same solutions asthe treatment of hazardous wastes intanks. The equipment is typicallystationary and fairly large, and thematerials used and the problemsencountered in that part of theequipment which contains the waste arenot dissimilar from the materials usedand the problems encountered inconstructing tanks.

In addition, as discussed above inSubpart J, the Agency has reoriented itstank regulations to cover treatment intanks as well as storage, and many ofthe current tank regulations have beendrawn from the proposed regulations forchemical, physical, and biologicaltreatment. For these reasons, the presentregulations for chemical, physical, and"biological treatment and for tanks haveboth been derived from a merging of theproposed regulations for these types ofequipment, for basins (which are nowtreated as tanks), and for storage andtreatment generally. The tankregulations and the chemical, physical,and biological treatment regulations arenow essentially identical, and therationale for the regulations onchemical, physical, and biologicaltreatment is therefore presented abovewith the rationale for the regulations ontanks.

-The Agency expects to developsomewhat more specific standards forchemical, physical, and biologicaltreatment facilities in the Phase II andPhase III regulations, and for this reasonthese regulations have beenincorporated in a separate Subpart.

The regulations for chemical, physical,and biological.treatment (Subpart Qdiffer from those for tanks (in Subpart Jin one respect. Subpart Q contains norequirement for maintaining a freeboardor inspecting to ensure that thefreeboard'is maintained because, to theAgency's knowledge, the treatmentprocesses regulated under Subpart Q areconducted in covered containmentdevices, and a freeboard is unnecessary.

EPA received a number of commentson its proposed Section 3004 regulationsrequesting the Agency to clarify whetherpipes and other types of totally enclosedfacilities in which hazardous waste maybe-treated would be consideredhazardous waste treatment facilities andwould be required to meet Section 3004standards and obtain-a permit. -Commenters pointed out that in someproduction processes, wastes(particularly acid and alkaline solutions)are treated in-pipe, often resulting in anon-hazardous discharge.

EPA agrees that to classify "totallyenclosed treatment systems," such aspipes, as hazardous waste treatmentfacilities and to require them to meetSection 3004 standards and obtain apermit would not make a great deal ofsense. These facilities by definition donot release wastes or waste constituentsinto the environment, and thereforestringent controls are not "necessary toprotect human health and theenvironment." Such controls might alsodiscourage the use of such facilities,which in many ways represent theoptimum in good waste managementpractices. It may also be very difficult asa practical matter to permit or otherwiseregulate these types of facilitieg-manyare indoors, are part of complicatedplumbing systems which do not fallwithin RCRA's jurisdiction, and do nothave clearly defined starting and end.points. Accordingly, EPA has excluded

these facilities from regulation underthis Part.

Persons who handle hazardous wastein what they believe to be a "totallyenclosed treatment facility" shouldcarefully read~the definition of that termin § 260.10 of this Chapter. The keycharacteristic of such a facility is that itdoes not release any hazardous wasteor constituent of hazardous waste intothe environment during treatment. Thus,if a facility leaks, spills, or dischargeswaste or waste constituents, or emitswastes or waste constituents into the airduring treatment, it is not a "totallyenclosed treatment facility" within themeaning of these regulations.

Another important characteristic of atotally enclosed treatment facility is thatit must be directly connected to anindustrial production process. Thus,such a facility located at an off-sitehazardous waste management facilitydoes not qualify for exclusion from theseregulations.

After treatment in a totally enclosedtreatment facility, the resultingdischarge, treatment residue, etc., mayb a hazardous waste and subject to

regulation under this Part. Owners andoperators of such facilities shouldconsult § 261.3 of this Chapter todetermine whether that is the case.

Q. Subpart R-Underground InjectionUnder § 250.40(e)(6] of the proposed

regulation, the disposal of hazardous.wastes via underground injection,pursuant to the Safe Drinking Water Act(SDWA] regulations, was not subject toregulation under the RCRA Subtitle Cprogram. That exclusion was based on'Section 1006 of RCRA which requires-the Administrator to integrate RCRAregulations with programs under theAgency's other statutory authorities,

including the Safe Drinking Water Act.Commenters were generaly supportiveof EPA's efforts to coordinate Itsprograms, but some expressed concernthat exclusive reliance on theUnderground Injection Control programunder the SDWA in addressing theenvironmental problems presented byunderground injection of hazardouswastes would not fully satisfy the keyhealth and environmental concernsembodied in RCRA.

Based on a review of the commentsand further analysis of this issue, EPAhas concluded that undergroundinjection of hazardous wastes must beregulated under RCRA during theinterim status period. Thus the Agencyhas developed Subpart R in Part 265which specifies the particular standardsapplicable to disposal of hazardouswaste by underground injection. Inaddition, owners and operators ofhazardous waste injection wells will besubject to the general requirements(other than Subparts G and H)applicable to all hazardous wastetreatment, storage, and disposalfacilities. The Agency recognizes thatsome of these general requirements maynot apply directly to all undergroundinjection of hazardous waste, in thesame sense that some may not applydirectly to all other types of hazardouswaste facilities. The requirements,however, are written with sufficientflexibility and variances toaccommodate the differences amongfacilities, including the somewhatdifferent aspects of undergroundinjection.

Underground injection of hazardouswaste constitutes "disposal" as thatterm is defined in Section 1004(3) ofRCRA. The definition specificallyincludes "injection ... of any solid

- waste or hazardous waste into or on anyland or water." Moreover there Is nospecific language in the Act indicatingthat injection activities that may besubject to the'SDWA are necessarilybeyond RCRA jurisdiction. RCRA wasenacted after the SDWA. The Congress,therefore, had an opportunity to imposeany specific limits on RCRA jurisdictionthat it deemed appropriate. It Issignificant that the Congress did placelimits on RCRA jurisdiction tocoordinate RCRA programs with theClean Water Act. For example, thedefinition of "solid waste" under RCRAexcludes "solid or dissolved materials In... industrial discharges which arepoint sources subject to permits underSection 402 of the Federal WaterPollution Control Act." No suchstatutory exclusion exists for

I33218




underground injection of hazardouswastes.

Section 1006 does require theAdministrator to integrate theprovisions of RCRA with appropriateprovisions of various statutes (includingthe SDWA) which EPA administers.Such integration is only required,however, "to the extent that it can bedone in a manner consistent with thegoals and policies expressed" in RCRAand the other statutes.

When EPA's statutory authoritiesprovide overlapping jurisdiction overcertain activities it is within thediscretion of the Administrator to decidewhich program will be used to regulatethe activity. In order to implement thegoals and policies of each law, theAdministrator will incorporate the keyelements of each statute into itsregulatory program. Section 1006 ofRCRA provides statutory recognitionthat such coordinated regulatoryprograms are appropriate.

In evaluating the proposed regulation,EPA decided that complete reliance onthe UIC program to handle undergroundinjection of hazardous waste during theinterim status period could notadequately address three key RCRAconcerns, First, RCRA is aimed atprotection of a broad range ofenvironmental media, including ground-water, surface water, air, and land. TheUIC program is directed at theprotection of underground sources ofdrinking water. Second, Section 3004 ofRCRA requires the Administrator toestablish standards "to protect human-health and the environment." Thislanguage indicates that RCRAregulations were to address a broaderrange of environmental problems thanthe UIC program. Third, the UICprogram does not have the equivalent ofan interim status period when owners oroperators who dispose of hazardouswaste by underground injection aresubject to Federally enforceable.standards. Enforcement ofenvironmental controls under the UICprogram must await the identificationof States needing a program; thedevelopment of State programs forprimary enforcement responsibility; theapproval or disapproval of thoseprograms by EPA; and the developmentof UIC programs by EPA in States whichfail to develop and implement adequateprograms for primary enforcementresponsibility. EPA does not believe thatUIC primary enforcement programs willbe in place in all States on the effectivedate of these interim status regulations.Therefore, in order to provide controlover underground injection of hazardouswaste during the interim status period,

as contemplated by RCRA, it isnecessary to regulate undergroundinjection under these regulations.

Section 1006 directs theAdministrator, in the coordination ofEPA's other statutes with RCRA, toavoid duplication and to structure RCRAregulations so that they will not beinconsistent with the requirements ofother statutes (such as the SDWA). EPAis mindful of that requirement andintends to coordinate the later stages ofthe RCRA and UIC programs so that thekey elements of the statutory scheme inthe SDWA will be preserved. EPA doesnot believe, however, that the regulationof underground injection of hazardouswastes in these interim statusregulations is inconsistent with theSDWA. As mentioned earlier the UICprogram does not have the equivalent ofan interim status period. Thus there canbe no conflict with SDWA provisions.

The regulation of undergroundinjection during interim status was not apart of the proposed regulation, but thedecision to do so was partially based onfactors raised in public comments.Moreover, the Agency does not expectthat the application of some of thegeneral requirements, otherwiserequired at all facilities, to undergroundinjection raises substantially differentissues than those raised and addressedin the development of the interim statusregulations. Therefore, the inclusion ofunderground injection in theseregulations and the application ofcertain general requirements to injectionwells are being issued as "interim final."This approach provides for promptimplementation of regulationsconcerning these practices, in keepingwith RCRA goals and policies, whileallowing an opportunity of publiccomment to reveal any unique problemsthat may arise in applying the generalrequirements of the interim statusregulations to underground injection.

Underground injection will not,however, be subject to Subpart G and Hof the interim status regulations whichaddress closure and post-closure care aswell as the financial requirementsnecessary to ensure implementation ofclosure and post-closure carerequirements. Requirements for closureand post-closure care need to becoordinated with the more specifictechnical requirements applicable tounderground injection. EPA has decided,therefore, to address closure and post-closure as part of the proposedregulation described below.

Subpart R of these regulationsindicates those parts of the regulationwhich are not applicable to undergroundinjection. In addition it should berecognized that the ground-water

monitoring requirements of Subpart Fhave not been applied to undergroundinjection at this time. Subpart R alsoindicates that it applies to Class I andClass IV wells as those term are definedunder § 122.32 of the consolidatedpermitting regulations.

This provision is designed to showthat these regulations cover, at aminimum, those underground injectionfacilities that will be subject to controlunder the UIC program.

The Agency is proposing regulationsthat provide more specific requirementsto deal with the particularenvironmental problems presented byunderground injection. These proposedregulations will amend Subpart R andwill address issues relating to directinjection of hazardous waste, generaloperating requirements, waste analysis,monitoring, closure and post-closurecare, recordkeeping and reporting, andspecial requirements for ignitable,reactive or incompatible wastes.

VI. OMB ReviewThe sections of the regulations issued

under Section 3004 of RCRA pertainingto recordkeeping and reporting havebeen submitted to the Office ofManagement and Budget for review inlight of the requirements of the FederalReports Act, 44 U.S.C. § 3501 et seq.Time has not permitted completion ofthis review.VIL Supporting Documents

The Agency has developed or willprepare two sets of documents inconjunction with the Section 3004 rules.This section of the preamble describesthese documents.

A. Background DocumentsEighteen background documents have

been developed to explain and respondto comments on the Phase I rules.Additional documents will accompanythe Phase H and Phase EI regulations asthey are published. These backgrounddocuments basically correspond to eachSection or Subpart of the final rules.Each contains an explanation of thedata and reasoning which led theAgency to propose each regulation, ann-depth review of the commentsreceived on the regulation, an analysisof the comments, and the Agency'srationale for accepting or rejecting thesecomments.

Copies of these documents will beavailable for review in the EPA regionaloffice libraries and at the EPAheadquarters library, Room 2404.Waterside Mall, 401 M Street, S.W.,Washington, D.C. 20460. EPA willpublish a notice in the Federal Registerwhen these documents have all been

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Federal Register /Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations

reproduced and distributed to- theselibraries. They will be available fromSolid Waste Information, U.S.Environmental Protection Agency, 26West St. Clair Street, Cincinnati, Ohio45268, within six months after theseregulations are promulgated.

A list of these background documentsis as follows:

1. Purpose, Scope, and Applicability(including general issues concerningInterim Status Standirds,

2. General Waste AnalysisRequirements

3. Security4. General Inspection Requirements5. Personnel Training6. Preparedness and Prevention,

Contingency Plans, and EmergencyProcedures

7. Manifest System, Recordkeeping,and Reporting

8. Interim Status Standards forGround-Water Monitoring

9. Interim Status Standards forClosure and Post-Closure Care

10. Interim Status FinancialRequirements

11. Interim Status Standards forContainers and Piles

12. Interim StatusStandards for Tanks13. Interim Status Standards for

Surface Impoundments14. Interim Status Standards for Land

Treatment15. Interim Status Standards for

Landfills16. Interim Status Standards for

Incinerators17. Interim Status Standards for

Thermal Treatment18. Interim Status Standards for

Chemical, Physical, and BiologicalTreatment.

B. Reference ManualsThese regulations, and those yet to be

promulgated in Phases II and III, willconstitute the full set of requirements foimanaging hazardous waste. However,,their reliance on performance standardsand the incorporation of varianceprocedures provide considerableflexibility to accommodate newtechnologies, special needs of specificlocations, and variations in wastecharacteristics.

To asist both owners and operatorsof facilities and regulatory officials, EPAwill prepare a series of design andoperation manuals. These will not havethe effect of regulations, but will provideguidance on how facilities may bedesigned and operated to meet thestandards. The manuals will alsoprovide guidance on what modificationsand variations are likely to be effectiveunder the variance procedures. Theywill be organized to correspond closely

to the regulations and will be based onthe collective knowledge of the Agency,'the literature, and experts throughoutthe world: Manuals will, also beprepared for testing, training, andmonitoring.

EPA expects to prepare the followingmanuals:

1. Training2. Ground-Water Monitoring3. Air Monitoring ,4. Financial Responsibility5. Containers6. Tanks7. Surface Impoundments8. Waste Piles9. Land Treatment10. Landfilling11. Incineration12. Thermal Treatment13. Chemical, Physical, and Biological

TreatmentThe Agency expects to issue these

manuals before the effective date (i.e.,six months after promulgation) of thePhase II technical regulations. They willbe revised from time to time as moreinformation becomes available, and asthe final Phase Il regulations aredeveloped. The documents will beavailable for review in the EPA regionaloffice libraries and the EPAheadquarters library, Room 2404,Waterside Mall, 401 M Street, S.W.,Washington, D.C. 20460. Later theAgency will publish the documents fordistribution through Solid WasteInformation, U.S. EnvironmentalProtection Agency, 26 West St. ClairStreet, Cincinnati, Ohio 45268.

Dated: May 2,1980.DouglasCostle,Administrator.

Title 40 is amended by adding newParts 264 and 265 as set forth below.

The following sections are beingpromulgated on an interim final basis(See Preamble Section I13 fordiscussion):

PART 264

Sec.264.12 Required Notices.

PART 265

* Subpart B-General Facility Standards265.12 Required notices.265.17 General requirements for ignitable,

reactive, or incompatible wastes.

Subpart F-Ground-Water Monitoring265.90 Applicability.265.91 Ground-water monitoring system.-265.92 Sampling and analysis.265.93 Preparation, evaluation, and

* response.265.94 Recordkeeping and reporting.

Subpart G-Closure and Post-closureSec.265.111 Closure performance standard.265.112 Closure plan, amendment of plan,265.113 Time allowed for closure.265.117 Post-closure care and use of. property; period of care.

265.118 Post-closure plan; amendment ofplan.

Subpart i-Use and Management ofContainers265.176 Special requirements for Ignitable or

reactive waste.

Subpart J-Tanks

265.198 Special requirements for Ignitable orreactive waste.

Subpart K-Surface Impoundments265.228 Closure and post-closure.

Subpart L-Waste Piles265.251 Protection from wind.265.252 Waste analysis.265.253 Containment.265.256 Special requirements for Ignitable or


incompatible wastes.Subpart M-Land Treatment265.272 General operating requirements.265.273 Waste analysis.265.276 Food chain crops.265.278 Unsaturated zone (zone of aeration)

monitoring.265.280 Closure and post-closure.Subpart N-Landfills

265.310 Closure and post-closure.265.314 Special requirements for liquidwaste.265.315 Special requirements for containers,

Subpart 0-Incnerators265.343 General operating requirements.265.345 Waste analysis,265.347 Monitoring and inspections.265.351 Closure.

Subpart P-Thermal Treatment265.373 General operating requirements.265.375 Waste analysis.265.377 Monitoring and inspections.265.381 Closure.265.382 Open, burning; waste explosives.

Subpart Q-Chemical, Physical, andBiological Treatment265.405 Special requirements for Ignitable or

reactive waste.Subpart R-Underground Injection

265.430 Applicability

EPA will also accept comments on thepropriety of including the followingsections as interim status standards(See Preamble Section 1113 fordiscussion):

PART 265Subpart B-General Facility StandardsSec.265.13 , General waste analysis.

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Subpart J-TanksSec.265.192 General operating requirements.265.193 Waste analysis and trial tests.

Subpart K-Surface Impoundments265.222 General operating requirements.265.223 Containment system.265.225 Waste analysis and trial tests.265.229 Special requirements for ignitable or



Subpart M-Land Treatment265.281 Special requirements for ignitable or



Subpart N-Landfills265.302 General operating requirements.265.312 Special requirements for ignitable or

reactive waste.

Subpart 0-Chemical, Physical, andBiological Treatment265.401 General operating requirements.265.402 Waste analysis and trial tests.

Comments should be forwarded to:RCRA Docket Clerk, Room 2711,Waterside Mall, 401 M Street, S.W.,Washington, D.C. 20460.

PART 264-STANDARDS FOROWNERS AND OPERATORS OFHAZARDOUS WASTE TREATMENT,STORAGE, AND DISPOSALFACILITIESSubpart A-GeneralSec.264.1. Purpose, scope and applicability.264.2 [Reserved]264.3 Relationship to interim status

standards.264.4 Imminent hazard action.264.5-264.9 [Reserved]

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.264.17-264.29 [Reserved]

Subpart C-Preparedness and Prevention264.30 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 Special handling for ignitable or

reactive waste.264.37 Arrangements with local authorities.264.38-264.49 [Reserved]

Subpart D-Contingency Plan andEmergency Procedures264.50 Applicability.

See.-264.51 Purpose and implementation of

contingency plan.264.5Z Content of contingency plan.264.53 Copies of contingency plan.264.54 Amendment of contingency plan.264.55 Emergency coordinator.264.56 Emergency procedures.264.57-264.09 [Reserved]

Subpart E-Manifest System,Recordkeeplng, and Reporting264.70 Applicability.264.71 Use of manifest system.284.72 Manifest discrepancies264.73 Operating record.264.74 Availability, retention, and

disposition of records.264.75 Annual report.264.76 Unmanifested waste report.264.77 Additional reports.264.78-264.999 [Reserved]Appendix I-Recordkeeping Instructions.Appendix H-EPA report form and

instructions.Authority: Secs. 1006. 2002(a), and 3004 of

the Solid Waste Disposal Act. as amended bythe Resource Conservation and Recovery Actof 1976, as amended (42 U.S.C. 605, 0012(a),and 6924].Subpart A-General§ 264.1 Purpose, scope and applicability.

(a) The purpose of this Part is toestablish minimum national standardswhich define the acceptablemanagement of hazardous waste.

(b) The standards in this Part apply toowners and operators of all facilitieswhich treat, store, or dispose ofhazardous waste, except as specificallyprovided otherwise in this Part or Part261 of this Chapter.

(c) The requirements of this Part applyto a person disposing of hazardouswaste by means of ocean disposalsubject to a permit issued under theMarine Protection, Research, andSanctuaries Act only to the extent theyare included in a RCRA permit by rulegranted to such a person under Part 122of this Chapter.[Comment. These Part 284 regulationsdo apply to the treatment or storage ofhazardous waste before it is loaded ontoan ocean vessel for incineration ordisposal at sea.]

(d) The requirements of this Partapply to a person disposing ofhazardous waste by means ofunderground injection subject to apermit issued under an UndergroundInjection Control (UIC) programapproved or promulgated under the SafeDrinking Water Act only to the extentthey are required by § 122.45 of thisChapter.[Comment- These Part 284 regulationsdo apply to the above-ground treatmentor storage of hazardous waste before itis injected underground.]

(el The requirements of this Part applyto the owner or operator of a POTWwhich treats, stores, or disposes ofhazardous waste only to the extent theyare included in a RCRA permit by rulegranted to such a person under Part 122of this Chapter.

(0) The requirements of this Part donot apply to a person who treats, stores,or disposes of hazardous waste in aState with a RCRA hazardous wasteprogram authorized under Subparts Aand B of Part 123 of this Chapter or witha RCRA Phase H hazardous wasteprogram authorized under Subpart F ofPart 123 of this Chapter, except that therequirements of this Part will continueto apply as stated in paragraph (d) ofthis Section. if the authorized StateRCRA program does not cover disposalof hazardous waste by means ofunderground injection.

(g) The requirements of this Part donot apply to:

(1) The owner or operator of a facilitypermitted, licensed, or registered by aState to manage municipal or industrialsolid waste, if the only hazardous wastethe facility treats, stores, or disposes ofis excluded from regulation under thisPart by § 261.5 of this Chapter;,

(2) The owner or operator of a facilitywhich treats or stores hazardous waste,which treatment or storage meets thecriteria in § 261.6(a) of this Chapter,except to the extent that § 261.6(b) ofthis Chapter provides otherwise;

(3) A generator accumulating wasteon-site in compliance.with § 262.34 ofthis Chapter,

(4) A farmer disposing of wastepesticides from his own use incompliance with § 262.51 of thisChapter, or

(5) The owner or operator of a totallyenclosed treatment facility, as defined in§ 280.10.

1264.2 [Reserved]

§ 264.3 Relationship to Interim statusstandards.

A facility owner or operator who hasfully complied with the requirements forinterim status--as defined in Section3005(e) of RCRA and regulations under§ 122.23 of this Chapter-must complywith the regulations specified in Part 265of this Chapter in lieu of the regulationsin this Part, until final administrativedisposition of his permit application ismade.[Comment: As stated in Section 3005(a)of RCRA. after the effective date ofregulations under that Section, Le., Parts122 and 124 of this Chapter, thetreatment, storage, or disposal ofhazardous waste is prohibited except inaccordance with a permit. Section

33221




3005(e) of RCRA provides for thecontinued operation of an existingfacility which meets certain conditionsuntil final administrative disposition ofthe owner's or operator's permitapplication is made.]

§ 264.4 Imminent hazard action.Notwithstanding any other provisions

of these regulations, enforcementactions may be brought purusant toSection 7003 of RCRA.

§§ 264.5-264.9 [Reserved]


§ 264.10 Applicability.The regulations in this Subpart apply

to owners and operators of allhazardous waste facilities, except as§ 264.1 provides otherwise.

§ 264.11 Identification number.Every facility owner or operator must

apply to EPA for an EPA identificationnumber in accordance with the EPAnotification procedures (45 FR 12746).

§ 264.12 Required notices.(a) The owner or operator of a facility

that has arranged to receive hazardouswaste from a foreign source must notifythe Regional Administrator in writing atleast four weeks in advance of the datethe waste is expected to arrive at thefacility. Notice of subsequent shipments"of the same waste from the same foreignsource is not required.

(b The owner or operator of a facilitythat receives hazardous waste from anoff-site source (except where the owneror operator is also the generator) mistinform the generator in writing thathehas the appropriate permit(s) for, andwill accept, the waste the generator isshipping. The owner or operator mustkeep a copy of this written notice aspart of the operating record.

(c) Before transferring ownership oroperation of a facility during itsoperating life, or of a disposal facilityduring the post-closure care period, theowner or operator must notify the newowner or operator in writing of therequirements of this Part and Part 122 ofthis Chapter.[Comment: An owner's or operator'sfailure to notify the.new owner oroperator of the requirements of this Partin no way relieves the new owner oroperator of his obligation to comply withall applicable requirements.]

§ 264.13 General waste analysis.(a) (1) Before an owner or operator

treats, stores, or disposes of anyhazardous waste, he must obtain adetailed chemical and physical analysisof a representative sample of the waste.

At a minimum, this analysis mustcontain all the information which mustbe known to treat, store, or dispose ofthe waste in accordance with therequirements of this Part or with theconditions of a permit issued under Part122, Subparts A and B, and Part 124 ofthis Chapter.

(2) The analysis may include datadeveloped under Part 261 of thisChapter, and existing published ordocumented data on the hazardouswaste or on hazardous waste generatedfrom similar processes.[Comment. For. example, the facility'srecords of analyses performed on thewaste before the effective date of these,regulations, or studies conducted onhazardous waste generated fromprocesses similar to that whichgenerated the waste to -be managed atthe facility, may be included in the database required to comply with paragraph,(a)(1) of this Section. The owner oroperator of an off-site facility mayarrange for the generator of thehazardous waste to supply part or all ofthe information required by paragraph(a)(1).'of this Section. If the generatordoes not supply the information, and theowner or operator chooses 'o accept ahazardous waste, the owner or operatoris responsible for obtaining theinformation required to comply with thisSection.]

(3) The analysis must be repeated asnecessary to ensure that it is accurateand up to date. At a minimum, theanalysis must be repeated:* (i) When the owner or operator is

notified,/or has reason to believe, thatthe process or operation generating thehazardous waste has changed; and

(ii) For off-site facilities, when theresults of the inspection required inparagraph (a)(4) of this Section indicatethat the hazardous waste received at thefacility does not match the wastedesignated on the accompanyingmanifest or shipping paper.

(4) The owner or operator of an off-site facility must inspect and, ifnecessary, analyze each hazardouswaste movement received at the facilityto determine whether it matches theidentity of the waste specified on theaccompanying manifest or shippingpaper.

(b) The owner or operator mustdevelop and follow a written wasteanalysis planwhich describes theprocedures which he will carry out tocomply with paragraph (a) of thisSection. He must keep this'plan at thefacility. At a minimum, the plan mustspecify:

(1) The parameters for which eachhazardous waste will be analyzed and

* the rationale for the selection of theseparameters (i.e., how analysis for theseparameters will provide sufficientinformation on the waste's properties to.,comply with paragraph (h) of thisSection);

(2) The test methods which will beused to test for these parameters;

(3) The sampling method which willbe used to obtain a representativesample of the waste to be analyzed, Arepresentative sample may be obtainedusing either:

(i) One of the sampling methodsdescribed in Appendix I of Part 201 of'this Chapter,or

(ii) An equivalent sampling method.[Comment: See § 261.20(c) of thisChapter for related discussion.]

(4) The frequency with which theinitial analysis of the waste will be

-reviewed or repeated to ensure that theanalysis is accurate and up to date; and

(5) For off-site facilities, the wasteanalyses that hazardous wastegenerators have agreed to supply.

(c) For off-site facilities, the wasteanalysis plan required in paragraph (b)of this Section must also specify theprocedures which will be used to inspectand, if necessary, analyze eachmovement of hazardous waste receivedat the facility to ensure that it matchesthe identity of the waste designated onthe accompanying manifest or shippingpaper. At a minimum, the plan mustdescribe:. (1) The procedures which will be usedto determine the identity of eachmovement of waste managed at thefacility; and

(2) The sampling method which willbe used to obtain a representativesample of the waste to be identified, ifthe identification method includessampling.[Comment: Part 122, Subpart B, of thisChapter requires that the waste analysisplan be submitted with Part B of thepermit application.]

§ 264.14 Security.(a) The owner or operator must

prevent the unknowing entry, andminimize the possibility for theunauthorized entry, of persons orlivestock onto the active portion of hisfacility, unless he can demonstrate tothe Regional Administrator that:

(1) Physical contact with the waste,structures, or equipment within theactive portion of the facility will notinjure unknowing or unauthorizedpersons or livestock which may enterthe active portion of a facility; and

(2) Disturbance of the waste orequipment, by the unknowing orunauthorized entry of persons or

II

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livestock onto the active portion of afacility, will not cause a violation of therequirements of this Part.[Commentk Part 122, Subpart B, of thisChapter requires that an owner oroperator who wishes to make thedemonstration referred to above mustdo so with Part B of the permitapplication.]

(b) Unless the owner or operator hasmade a successful demonstration underparagraphs (a)(1) and (a)(2) of thisSection, a facility must have:

(1] A 24-hour surveillance system (e.g.,television monitoring or surveillance byguards or facility personnel) whichcontinuously monitors and controlsentry onto the active portion of thefacility; or

(2) (i) An artificial or natural barrier(e.g., a fence in good repair or a fencecombined with a cliff), which completelysurrounds the active portion of thefacility; and

(ii) A means to control entry, at alltimes, through the gates or otherentrances to the active portion of thefacility (e.g., an attendant, televisionmonitors, locked entrance, or controlledroadway access to the facility).[Comment. The requirements ofparagraph (b) of this Section aresatisfied if the facility or plant withinwhich the active portion is located itselfhas a surveillance system, or a barrierand a means to control entry, whichcomplies with the requirements ofparagraph (b)(1) or (b)(2) of thisSection.]

(c] Unless the owner or operator hasmade a successful demonstration underparagraphs (a)(1) and (a)(2) of thisSection, a sign with the legend,"Danger-Unauthorized Personnel KeepOuf', mustbe posted at each entranceto the active portion of a facility, and atother locations, in sufficient numbers tobe seen from any approach to this activeportion. The legend must be written inEnglish and in any other languagepredominant in the area surrounding thefacility (e.g., facilities in countiesbordering the Canadian province ofQuebec must post signs in French;facilities in counties bordering Mexicomust post signs in Spanish), and must belegible from a distance of at least 25feet. Existing signs with a legend otherthan "Danger-Unauthorized PersonnelKeep Out" may be used if the legend onthe sign indicates that only authorizedpersonnel are allowed to enter theactive portion, and that entry onto theactive portion can be dangerous.

§ 264.15 General Inspection requirements.(a) The owner or operator must

inspect his-acility for malfunctions and

deterioration, operator errors, anddischarges which may be causing-ormay lead to-(l) release of hazardouswaste constituents to the environmentor (2] a threat to human health. Theowner or operator must conduct theseinspections often enough to identifyproblems in time to correct them beforethey harm human health or theenvironmenL

(b)(1) The owner or operator mustdevelop and follow a written schedulefor inspecting monitoring equipment,safety and emergency equipment,security devices, and operating and.structural equipment (such as dikes andsump pumps) that are important topreventing, detecting, or responding toenvironmental or human health hazards.

(2) He must keep this schedule at thefacility.

(3) The schedule must identify thetypes of problems (e.g., malfunctions ordeterioration) which are to be looked forduring the inspection (e.g., inoperativesump pump. leaking fitting, eroding dike,etc.).

(4) The frequency of inspection mayvary for the items on the schedule.However, it should be based on the rateof possible deterioration of theequipment and the probability of anenvironmental or human health incidentif the deterioration or malfunction orany operator error goes undetectedbetween inspections. Areas subject tospills, such as loading and unloadingareas, must be inspected daily when inuse.[Comment- Part 122, Subpart B. of thisChapter requires the inspection scheduleto be submitted with Part B of the permitapplication. EPA will evaluate theschedule along with the rest of theapplication to ensure that it adequatelyprotects human health and theenvironment. As part of this review,EPA may modify or amend the scheduleas may be necessary.]

(c) The owner or operator mustremedy any deterioration or malfunctionof equipment or structures which theinspection reveals on a schedule whichensures that the problem does not leadto an environmental or human healthhazard. Where a hazard is imminent orhas already occurred, remedial actionmust be taken immediately.

(d) The owner or operator must recordinspections in an inspection log orsummary. He must keep these recordsfor at least three years from the date ofinspection. At a minimum, these recordsmust include the date and time of theinspection, the name of the inspector, anotation of the observations made. andthe date and nature of any repairs orother-remedial actions.

§ 264.16 Personnel training.

(a] (1) Facility personnel mustsuccessfully complete a program ofclassroom instruction or on-the-jobtraining that teaches them to performtheir duties in a way that ensures thefacility's compliance with therequirements of this Part. The owner oroperator must ensure that this programincludes all the elements described inthe document required under paragraph(d)(3) of this Section.

(2) This program must be directed bya person trained in hazardous wastemanagement procedures, and mustinclude instruction which teachesfacility personnel hazardous wastemanagement procedures (includingcontingency plan implementation)relevant to the positions in which theyare employed,

(3) At a minimum, the trainingprogram must be designed to ensure thatfacility personnel are able to respondeffectively to.emergencies byfamiliarizing them with emergencyprocedures, emergency equipment, andemergency systems, including, whereapplicable:

(i) Procedures for using, inspecting,repairing, and replacing facilityemergency andmonitoring equipment;

(i) Key parameters for automaticwaste feed cut-off systems;

(iii) Communications or alarmsystems.

(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 programrequired in paragraph (a] of this Sectionwithin six months after the effectivedate of these regulations or six monthsafter the date of their employment orassignment to a facility, or to a newposition at a facility, whichever is later.Employees hired after the effective dateof these regulations must notwork inunsupervised positions until they havecompleted the training requirements ofparagraph (a) of this Section.

(c) Facility personnel must take partin an annual review of the initialtraining required in paragraph (a) of thisSection.

(d) The owner or operator mustmaintain the following documents andrecords at the facility:

(1) The job title for each position atthe facility related to hazardous wastemanagement, and the name of theemployee filling each job;

(2) A written job description for eachposition listed under paragraph (d)(1) ofthis Section. This description may beconsistent in its degree of specificitywith descriptions for other similar

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positions in the same company locationor bargaining unit, but must include therequisite skill, education,. or otherqualifications, and duties of employees-assigned to each position; (3) A writtendescription of the type and amount ofboth introductory and continuingtraining that will be given to 'eachperson filling a position listed underparagraph (d)(1) of this Section;

(4) Records that document that thetraining or job experience requiredunder paragraphs (a), (b), and (c) of thisSection has been given to, andcompleted by, facility personnel.

(e) Training records on currentpersonnel must be kept until closure ofthe facility; training records on formeremployees must be kept for at leastthree years from the date the employeelast worked at the facility. Personneltraining records may accompanypersonnel transferred within the samecompany.

§§ 264.17-264.29 [Reserved]

Subpart.C-Preparedness andPrevention



§ 264.31 Design and operation of facility.Facilities must be designed,

constructed, maintained, and operatedto minimize the possibility of a fire,explosion, or any unplanned sudden ornon-sudden release of hazardous wasteor hazardous waste constituents to air,soil, or surface water which couldthreaten human health or theenvironment.

§ 264.32 Required equipment.All facilities must be equipped with

the following, unless it can bedemonstrated to the Regional.Administrator that none of the hazardsposed by waste handled at the facilitycould require a particular kind ofequipment specified below:

(a) An internal communications oralarm system capable of providingimmediate emergency instruction (voiceor signal) to facility personnel; .

(b) A device, such-as a telephone(immediately available at the scene ofoperations) or a hand-held two-wayradio, capable of summoning emergencyassistance from local policedepartments, fire departments, or Stateor local emergency response teams;

(c) Portable fire extinguishers, firecontrol equipment (including specialextinguishing equipment, such as thatusing foam, inert gas, or dry chemicals),

spill control equipment anddecontamination equipment; and

(d) Water at adequate volume andpressure to supply water hose streams,or foam producing equipment, orautomatic sprinklers, or water spraysystems.[Comx ent- Part 122, Subpart B, of thisChapter requires that an owner oroperator who wishes to make thedemonstration referred to above mustdo so with Part B of the permitapplication.]

§ 264.33 Testing and maintenance ofequipment

All facility communications or alarmsystems, fire pr6tection equipment, spillcontrol equipment, and decontaminationequipment, where required, must betested and maintained as necessary toassure its proper operation in time ofemergency.

§ 264.34 Access to communications oralarm system.

(a) Whenever haiardous waste isbeing poured, mixed, spread, orotherwise handled, all personnelinvolved in the operation must haveimmediate access to an internal alarmor emergency communication device,either directly or through visual or voicecontact with another employee, unlessthe Regional Administrator has ruledthat such a device is not required under§ 264.32.

(b) If there is ever just one employeeon the premises while the facility isoperating, he must have immediateaccess to a device, such as a telephone(immediately available at the scene ofoperation) or a hand-held two-wayradio, capable of summoning externalemergency assistance, unless theRegional Administrator has ruled thatsuch a device is not required under§ 264.32.

§ 264.35 Required aisle space.The owner or operator must maintain

aisle space to allow the unobstructedmovement of personnel, fire protectionequipment, spill control equipment, anddecontamination equipment to any areaof facility operation in an emergency,unless it can be demonstrated to theRegional Administrator that aisle spaceis not needed for any of these purposes.[Comment" Part 122, Subpart B, of thisChapter requires that an owner oroperator who wishes to make thedemonstration referred to above mustdo so with Part B of the permitapplication.]

§ 264.36 Special handling for Ignitable orreactive waste.

The owner or operator must takeprecautions to prevent accidentalignition or reaction of Ignitable orreactive waste. This waste must boseparated and protected from sources ofignition or reaction including but notlimited to: open flames, smoking, cuttingand welding, hot surfaces, frictionalheat, sparks (static, electrical, ormechanical), spontaneous Ignition (e.g.,from heat-producing chemicalreactions), and radiant heat. Whileignitable or reactive waste is beinghandled, the owner or operator mustconfine smoking and open flame tospecially designated locations. "NoSmoking" signs must be conspicuouslyplaced wherever there is a hazard fromignitable or reactive waste.

§ 264.37 Arrangements with localauthorities.

(a) The owner or operator mustattempt to make the followingarrangements, as appropriate for thetype of Waste handled at his facility andthe potential need for the services ofthese organizations:

(1) Arrangements to familiarize police,fire departments, and emergencyresponse teams with the layout of thefacility, properties of hazardous wastohandled at the facility and associatedhazards, places where facility personnelwould normally be working, entrancesto and roads inside the facility, andpossible evacuation routes;

(2).Where more than one police andfire department might respond to anemergency, agreements designatingprimary emergency authority to aspecific police and a specific firedepartment, and agreements with anyothers to provide support to the primaryemergency authority;

(3) Agreements with State emergencyresponse teams, emergency responsecontractors, and equipment suppliers;and

(4) Arrangements to familiarize localhospitals with the properties ofhazardous waste handled at the facilityand the types of injuries or Illnesseswhich could result from fires,explosions, or releases at the facility,

(b) Where State or local authoritiesdecline to enter into such arrangements,the owner or operator must documentthe refusal in the operating record.

§§ 264.38--264.49 [Reserved]

Subpart D-Contlngency Plan andEmergency Procedures


to owners and operators of all

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hazardous waste facilities, except as§ 264.1 provides otherwise.

§ 264.51 Purpose and Implementation ofcontingency plan.

(a) Each owner or operator must havea contingency plan for his facility. Thecontingency plan must be designed tominimize hazards to human health orthe environment from fires, explosions,or any unplanned sudden or non-suddenrelease of hazardous waste orhazardous waste constituents to air,soil. or surface water.

(b) The provisions of the plan must becarried out immediately whenever thereis a fire, explosion, or release ofhazardous waste or hazardous wasteconstituents which could threatenhuman health or the environment.

§ 264.52 Content of contingency plan.(a) The contingency plan must

describe the actions facility personnelmust take to comply with § § 264.51 and264.56 in response to fires, explosions, orany unplanned sudden or non-suddenrelease of hazardous waste orhazardous waste constituents to air,soil, or surface water at the facility.

(b) If the owner or operator hasalready prepared a Spill Prevention,Control, and Countermeasures (SPCC)Plan in accordance with Part 112 or Part151 of this Chapter, or some otheremergency or contingency plan, he needonly amend that plan to incorporatehazardous waste managementprovisions that are sufficient to complywith the requirements of this Part.

(c) The plan must describearrangements agreed to by local policedepartments, fire departments,hospitals, contractors, and State andlocal emergency response teams tocoordinate emergency services, pursuantto § 264.37.

(d) The plan must list names,addresses, and phone numbers (officeand homel of all persons qualified to actas emergency coordinator (see § 264.55),and this list must be kept up to date.Where more than one person is listed,one must be named as primaryemergency coordinator and others mustbe listed in the order in which they willassume responsibility as alternates. Fornewfaclities, this information must besupplied to the Regional Administratorat the time of certification, rather than atthe time of permit application.

(e) The plan must include a list of allemergency equipment at the facility(such as fire extinguishing systems, spillcontrol equipment, communications andalarm systems (internal and external),and decontamination equipment), wherethis equipment is required. This list mustbe kept up to date. In addition, the plan

must include the location and a physicaldescription of each item. on the list. anda brief outline of its capabilities.(f) The plan must include an

evacuation plan for facility personnelwhere there is a possibility thatevacuation could be necessary. Thisplan must describe signal(s) to be usedto begin evacuation, evacuation routes,and alternate evacuation routes (incases where the primary routes could beblocked by releases of hazardous wasteor fires).

§ 264.53 Copies of contingency plan.A copy of the contingency plan and all

revisions to the plan must be:(a) Maintained at the facility; and(b) Submitted to all local police

departments, fire departments,hospitals, and State and localemergency response teams that may becalled upon to provide emergencyservices.[Comment. The contingency plan mustbe submitted to the RegionalAdministrator with Part B of the permitapplication under Part 122, Subparts Aand B, of this Chapter and, aftermodification or approval, will become acondition of any permit issued.]

§ 264.54 Amendment of contingency plan.The contingencyplan must be

reviewed, and immediately amended, ifnecessary, whenever.

(a) The facility permit is revised;(b) The plan fails in an emergency;(c) The facility changes-in its design,

construction, operation, maintenance, orother circumstances-in a way thatmaterially increases the potential forfires, explosions, or releases ofhazardous waste or hazardous wasteconstituents, or changes the responsenecessary in an emergency-,

(d) The list of emergency coordinatorschanges; or

(e) The list of emergency equipmentrhanges.[CommentL A change in the lists offacility emergency coordinators orequipment in the contingency planconstitutes a minor modification to thefacility permit to which the plan is acondition.]

§ 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 toan emergency by reaching the facilitywithin a short period of time) with theresponsibility for coordinating allemergency response measures. Thisemergency coordinator must bethoroughly familiar with all aspects ofthe facility's contingency plan, alloperations and activities at the facility,

the location and characteristics of wastehandled, thelocation of a recordswithin the facility, and the facilitylayouL In addition, this person musthave the authority to commit theresources needed to carry out thecontingency plan.[Comment: The emergency coordinatorsresponsibilities are more fully spelledout in § 24... Applicableresponsibilities for the emergencycoordinator vary, depending on factorssuch as type and variety of waste(s)handled by the facility, and type andcomplexity of the facility.]

§ 264.56 Emergency Procedures.(a) Whenever there is an imminent or

actual emergency situation, theemergency coordinator (or his designeewhen the emergency coordinator is oncall) must immediately.

(1) Activate internal facility alarms orcommunication systems, whereapplicable, to notify all facilitypersonneL and

(2) Notify appropriate State or localagencies with designated response rolesif their help is needed.

(b) Whenever there is a release fire.or explosion, the emergency coordinatormust immediately identify the character,exact source, amount, and areal extentof any released materials. He may dothis by observation or review of facilityrecords ormanifests, and, if necessary,by chemical analysis.

(c) Concurrently, the emergencycoordinator must assess possiblehazards to human health or theenvironment that may result from therelease, fire, or explosion. Thisassessment must consider both directand indirect effects of the release, fire,or explosion (e.g., the effects of anytoxic, irritating, or asphyxiating gasesthat are generated, or the effects of anyhazardous surface water run-off fromwater or chemical agents used to controlfire and heat-induced explosions).

(d) If the emergency coordinatordetermines that the facility has had arelease, fire, or explosion which couldthreaten human health, or theenvironment, outside the facility, hemust report his findings as follows:

(1) If his assessment indicates thatevacuation of local areas may beadvisable, he must immediately notifyappropriate local authorities. He mustbe available to help appropriate officialsdecide whether local areas should beevacuated; and

(2) He must immediately notify eitherthe government official designated asthe on-scene coordinator for thatgeographical area, (in the applicableregional contingency plan under Part1510 of this Title) or the National

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Response Center (using their 24-hour tollfree number 800/424-8802). The reportmust include:

(i) Name and telephone number ofreporter;

(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 thefacility.

(e) During an emergency, theemergency coordinator must take allreasonable measures necessary toensure that fires, explosions; andreleases do not occur, recur, or spread to'other hazardous waste at the facility.These measures must include, whereapplicable, stopping processes and,operations, collecting and containingrelease waste; and removing or isolatingcontainers.

(fJf the facility stops operations inresponse,to a fire, explosion, or release,the emergency coordinator must monitorfor leaks, pressure buildup, gasgeneration, or rptures in valves, pipes,-or other equipment, wherever this isappropriate.

(g) Immediately after an emergency,the emergency coordinator must providefor treating, storing, or disposing ofrecovered waste, contaminated soil orsurface water, or any other material thatresults from a release, fire, or explosionat the facility.[Comment Unless the owner.or operatorcan demonstrate, in accordance with§ 261.3(c) or (d) of this Chapter, that therecovered material is not a hazardouswaste, the owner or operator becomes agenerator of hazardous waste and mustmanage it in accordance with allapplicable requirements of Parts 262,263, and 264 of this Chapter.]

(h) The emergency coordinator mustensure that, in the affected area(s) of thefacility:

(1) NQ waste that may beincompatible with the released materialis treated, stored, or disposed of untilcleanup procedures are completed; and

(2) All emergency equipment listed inthe contingency plan is cleaned and fitfor its intended use before operationsare resumed.

(i) The owner or operator must notifythe Regional Administrator, andappropriate State and local authorities,that the facility is in compliance withparagraph (h) of this Section beforeoperations -are resumed in the affectedarea(s) of the facility. -

(I) The owner or operator must note inthe operating record the time, date, and

details of any incident that requiresimplementing the contingency plan.Within15 days after the incident, hemust submit a written report on theincident to the Regional Administrator.The report must include:

(1) Name, address, and telephonenumber of the owner or operator,

(2) Name; address,,and telephonenumber of the facility;

(3) Date, time, and type of incident(e.g., fire, explosion);

(4] Name and quantity of material(s)involved;

(5) The extent of injuries, if any;(6] An assessment of actual or

potential hazards to human health or theenvironment, where this is applicable;and

(7) Estimated quantity and dispositionof recovered material that resulted fromthe incident.

§§ 264.57-264.69 [Reserved]

Subpart E-Manifest System,Recordkeeping, and Reporting


to owners and operators of both on-siteand off-site facilities, except as § 264.1provides otherwise. Sections 264.71,264.72, and 264.76 do not apply. toowners and operators of on-sitefacilities that do not receive anyhazardous waste from off-site sources.

§ 264.71 Use of manifest system.(a) If a facility receives hazardous

waste accompanied by a manifest, theowner or operator, or his agent, must-

(1) Sign and 'date each copy.of themanifest-to certify that the hazardouswaste covered by the manifest wasreceived;

,(2) Note any significant discrepanciesin the manifest (as defined in§ 264.72(a)) on each copy of themanifest;[Comment. The Agency does not intendthat the owner or operator of a facilitywhose procedures under § 264.13(c)include waste analysis must performthat apalysis before signing the manifestand giving it to the transporter. Section264.72(b), however, requires reporting anunreconciled discrepancy discoveredduring later analysis.]

(3) Immediately give the transporter atleast one copy of the signed manifest;

(4) Within 30 days after the delivery,send a copy of the manifest to thegenerator, and

(5) Retain at the facility a copy ofeach manifest for at least three years''from the date of delivery.

(b) If-a facility-receives, from a rail orwater (bulk shipment) transporter,

hazardous waste which is accompaniedby a shipping paper containing all theinformation required on the manifest(excluding the EPA identificationnumbers, generator's certification, andsignatures), the owner or operator, or hisagent, must:

(1) Sign and date each copy of theshipping paper to certify that thehazardous waste covered by theshipping paper was received;

(2) Note any significant discrepanciesin the shipping paper (as defined in§ 264.72(a)) on each copy of the shippingpaper,[Comment: The Agency does not intendthat the owner or operator of a facilitywhose procedures under § 264.13(c)include waste analysis must performthat analysis before signing the shippingpaper and giving it to the transporter.Section 264.72(b), however, requiresreporting an unreconciled discrepancydiscovered during later analysis.]

(3) Immediately give the rail or water(bulk shipment) transporter at least onocopy of the shipping paper,

(4) Within 30 days after the delivery,send a copy of the shipping paper to thegenerator, however, If the manifest Isreceived within 30 days after thedelivery, the owner or operator, or hisagent, must sign and date the manifestand return it to the generatorin lied ofthe shipping paper;, and[Comment: Section 262,23(c) of thischapter requires the generator to sendthree copies of the manifest to thefacility when hazardous waste Is sent byrail or water (bulk shipment).]

(5) Retain at the facility a copy ofeach shipping paper and manifest for atleast three years from the date ofdelivery.

§ 264.72 Manifest discrepancies.(a) Manifest discrepancies are

differences between the quantity or typoof hazardous waste designated on themanifest or shipping paper, and thequantity or type of hazardous waste afacility actually receives. Significantdiscrepancies in quantity are, (1) Forbulk waste, variations greater than 10percent in weight, and (2) for batchwaste, any variation in piece count, suchas a discrepancy of one drum in atruckload. Significant discrepancies intype are obvious differences which canbe discovered by inspection or wasteanalysis, such as waste solventsubstituted for waste acid, or toxicconstituents not reported on themanifest or shipping paper.

(b) Upon discovering a significant'discrepancy, the owner or operator Mustattempt to reconcile the discrepancywith the waste generator or transporter

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(e.g., with telephone conversations). Ifthe discrepancy is not resolved within15 days after receiving the waste, theowner or operator must immediatelysubmit to the Regional Administrator aletter describing the discrepancy andattempts to reconcile it, and a copy ofthe manifest or shipping paper at issue.§ 264.73 Operating record.

(a) The owner or operator must keep awritten operating record at his facility.

(b) The following information must berecorded, as it becomes available, andmaintained in the operating record untilclosure of the facility:

(1) A description and the quantity ofeach hazardous waste received, and themethod(s) and date(s) of its treatment,storage, or disposal at the facility asrequired by Appendix I;

(2) The location of each hazardouswaste within the facility and thequantity at each location. For disposalfacilities, the location and quantity ofeach hazardous waste must be recordedon a map or diagram of each cell ordisposal area. For all facilities, thisinformation must include cross-references to specific manifestdocument numbers, if the waste wasaccompanied by a manifest,

(3) Records and results of wasteanalyses performed as specified in§ 264.13:

(4) Summary reports and details of allincidents that require implementing thecontingency plan as specified in§ 264.560);

(5) Records and results of inspectionsas required by § 264.15(d) (except thesedata need be kept only three years]; and

(6) For off-site facilities, notices togenerators as specified in § 264.12(b).§ 264.74 Availabilityi, retention, anddisposition of records.

(a) All records, including plans,required under this Part must befurnished upon request, and madeavailable at all reasonable times forinspection, by any officer, employee, orrepresentative of EPAwho is dulydesignated by the Administrator.

(b) The retention period for all recordsrequired under this Part is extendedautomatically during the course of anyunresolved enforcement actionregarding the facility or as requested bythe Administrator.

(c) A copy of records of wastedisposal locations and quantities under§ 264.73(b)(2) must be submitted to theRegional Administrator and local landauthority upon closure of the facility.§ 264.75 Annual report.

The owner or operator must prepareand submit a single copy of an annual

report to the Regional Administrator byMarch 1 of each year. The report formand instructions in Appendix Il must beused for this report. The annual reportmust cover facility activities during theprevious calendar year and must includethe following information:

(a) The EPA identification number,name, and address of the facility-

(b) The calendar year covered by thereport

(c) For off-site facilities, the EPAidentification number of each hazardouswaste generator from which the facilityreceived a hazardous waste during theyear; for imported shipments, the reportmust give the name and address of theforeign generator

(d) A description and the quantity ofeach hazardous waste the facilityreceived during the year. For off-sitefacilities, this information must be listedby EPA identification number of eachgenerator;,

(e) The method of treatment, storage,or disposal for each hazardous waste;and

(f) The certification signed by theowner or operator of the facility or hisauthorized representative,

§ 264.76 Unmanifested waste reporLIf a facility accepts for treatment

storage, or disposal any hazardouswaste from an off-site source without anaccompanying manifest, or without anaccompanying shipping paper asdescribed in § 263.20(e)(2) of thisChapter, and if the waste is notexcluded from the manifest requirementby § 261.5 of this Chapter, then theowner or operator must prepare andsubmit a single copy of a report to theRegional Administrator within 15 daysafter receiving the waste. The reportform and instructions in Appendix Hmust be used for this report. The reportmust include the following information:

(a) The EPA identification number,name, and address of the facility-

(b)The date the facility received thewaste;

(c) The EPA identification number,name, and address of the generator andthe transporter, if available;

( ) A description and the quantity ofeach unmanifested hazardous waste andfacility received;

(e) The method of treatment, storage,or disposal for each hazardous waste;

(f0 The certification signed by theowner or operator of the facility or hisauthorized representative; and

(g) A brief explanation of why thewaste was unmanifested, if known.[Comment: Small quantities ofhazardous waste are excluded from

regulation under this Part and do notrequire a manifest. Where a facilityreceives unmanifested hazardouswastes, the Agency suggests that theowner or operator obtain from eachgenerator a certification that the wastequalifies for exclusion. Otherwise, theAgency suggests that the owner oroperator file an unmanifested wastereport for the hazardous wastemovement.]

§ 264.77 AdditIonal reports.In addition to submitting the annual

report and unmanifested waste reportsdescribed in § § 264.75 and 264.76, theowner or operator must also report tothe Regional Administrator releases,fires, and explosions as specified in§ 264.580).

ff 264.78-264.999 [Reserved].

Appendix L- Recordkeepln InstructionsThe recordkeeping provisions of I 24.73

specify that an owner or operator must keepa written operating record at his facility. Thisappendix provides additional instructions forkeepingpordons of the operating record. SeeI 254.73(b) for additional recordkeepingrequirements.

The following information must berecorded, as it becomes available, andmaintained in the operating record untilclosure of the facility in the followingmanner.

Records of each hazardous waste received.treated, stored, or disposed of at the facilitywhich include the following.

(1) A description by its common name andthe EPA Hazardous Waste Number(s) fromPart 21 of this Chapter which apply to thewaste. The waste description also mustinclude the waste's physical form, Le. liquid.sludge, solid, or contained gas. If the waste isnot listed in Part 261, Subpart D, of thisChapter. the description also must include theprocess that produced it (for example, solidfilter cake from production of--. EPAHazardous Waste Number W05I).

Each hazardous waste listed in Part 261,Subpart D. of this Chapter, and eachhazardous waste characteristic defined inPart 281. Subpart C, of this Chapter. has afour-digit EPA Hazardous Waste Numberassigned to it. This number must be used forrecordkeeplng and reporting purposes. Wherea hazardous waste contains more than onelisted hazardous waste, or where more thanone hazardous waste characteristic applies tothe waste, the waste description must includeall applicable EPA Hazardous WasteNumbers.

(2] The estimated or manifest-reportedweight, or volume and density, whereapplicable, in one of the units of measurespecified in Table 1;

(3) The method(s) (by handling code(s) asspecified in Table 2) and date(s) of treatment.storage, or disposal

33227



33228 Federal RQgister / Vol. 45, No. 98 / Monday,. May 19, 1980 / Rules and Regulations

Table I

Unit of measure .Symbolbensity

Pounds ........... ........ PShort tons (2000 Ibs) TGallons U.S , G P/GCubic yards....... ...... Y TIYKilograms...Tonnes (1000 kg) MU-te. L K/LCubic meters________ C IAfC

'Single digit symbols are used here for 4ata processingpurposes.

Table 2.-Handling Codes for Treatment,Storage, and Disposal Methods

Enter the handling code(s) listed below thatmost closely represents the technique(s) usedat the facility to treat, store, or dispose ofeach quantity of hazardous wastereceived.1. Storage

Sol Container (barrel, drum, etc.)S02 TankS03 Waste pileS04 Surface impoundmentS05 Other lspecify)

2. Treatment[a) Thermal Treatment

TOO Liquid injection incineratorT07 Rotary kiln incineratorTS Fluidized bed incineratorT09 Multiple hearth incineratorT10 Infrared furnace incineratorTl1 Molten salt destructorT12 PyrolysisTIS Wet Ar oxidationT14 sCalcinationT15 Microwave dischargeTiE Cement kdlnT17 Lime kilnT18 Other (specify)

(b) Chemical TreatmentT19 Absorption noundTZ0 Absorption fieldT21 Chemical fixationT22 Chemical oxidationT23 Chemical precipitationT24 Chemical reductionT25 ChlorinationT20 ChlormolystsT27 Cyanide destructionT28 DegradationT29 DetoxificationT30 Ion exchangeT31 NeutralizationT32 OzonationT33 PhotolysisT34 Other [specify]

[c) Physical Treatment[1) Separation of components

T35 CentriftgationT3 ClarificationT37 CoagulationT38 DecantingT39 EncapsulationT40 FiltrationT41 FlocculationT42 FlotationT43 FoamingT44 SedimentationT45 ThickeningT46 UltrafiltrationT47 Other [specify)

(2) Removal of Specific ComponentsT48 Absorption-molecular sieveT49 Activated carbonT50 Blending

T51 CatalysisT52 Crystallization,T53 DialysisT54 DistillationT55 Electrodialysis

'T56 Electrolysis757 EvaporationT58 High gradient magnetic separationT59 Leaching"T60 Liquidion exchangeT61 Luqid-liquid extractionT62 Reverse osmosisT63 Solvent recoveryT64 StrippingT65 Sand filterT65 Other specify)

(d) BiologicalTreatment7T67 Activated sludge

68 Aerobic lagoonT69 Aerobic tankT70 AnaerobiclagoonT71 CompostingT72 Septic tank"73 Sprayarngation

T74 Thickening filterT75 Trcking filterT76- Waste stabilization pond"77 Other (specify)

778-79 IReserved]3. Disposal

D80 'Underground injectionD81 'LandfillD82 Land treatmentD83 Ocean'disposalD84 Surface impoundment(tobe closed

as a landfil)D85 Other [specify)

AppendixIL-EPA Report Form andInstructions

BILLING CODE 6560-01-M



Federal Register I Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations 33229

GSA Io. 12345.XXPlease print or type with ELITE type 112 characters per inch). Form Aproved 0MB No. 158-ROOXX

U.S. ENVIRONMENTAL PROTECTION AGENCY I. TYPE OF HAZARDOUS WASTE REPORTaILUIA HAZARDOUS WASTE REPORT PART A: GENERATOR ANNUAL REPORT

THIS RE PORFT IS FOR THE YEAR EN DING DEC---I 1 191

PART 0: FACILITY ANNUAL REPORT

PLEASE PLACE LABEL IN THIS SPACE THIS REPORT FOR YEAR ENDING DEC. I l 9PART C: UNMANIFSTED WASTE REPORT

THIS REPORT I FOR A WASTE 1-0RECEIV9D'fty, M04. & 7r - - i

INSTRUCTIONS: You may have received a preprinted label attached to the front of this pamphlet; affix it in the dignated apace above-left. If any of theinformation on the label is incorrect, draw a line through it and supply the correct information In the apropiat section below, If the label is complete andcorrect, leave Sections II, III, and IV below blank. If you did not receive a preprlnted Iabel, complete all sections. 'lnsallaton" mese a single site vihere

hazardous waste is generated, treated, stored, or disposed of. Please refer to the specific Instructions for generators or facilities before completing this form.The information requested herein is required by law (Section 30023004 of the Resource Consenation and Rwco'eryAcd.

II. INSTALLATION'S EPA l.D. NUMBER,

:F 1

Ill. NAME OF INSTALLATION

IV. INSTALLATION MAILING ADDRESSTREET OR P.O. *OX

CITY OR TOWN . ZIP CODE

41 -

V. LOCATION OF INSTALLATION

STREET OR ROUTE NUMPER

CITY OR TOWN ST. ZIPCOat

Vt. INSTALLATION CONTA INN-

NAME (laut anid tilst) PHONz NO. (are4 coet & no.J

SVII. TRNPRAINSERVICES USED ([orPart A reports onlY)

List the EPA Identification Numbers for those transporters whose services were used during t.he repor t-rg year IVrWCntgd by this repocx.

Vill. COST ESTIMATES FOR FACILITIES (forPart B reports onIY)ESTIMATE FOR FACILITY CLOSURE 0. COST ESTIMATE FOR POST CLOSURE MONITORING AND

A. COST T F IMAINTENANCE (dkpOsOI feOCIMIS o12Y)

DL. CERTIFICATION

I certWfy under penalty of law that I have penonally examined and am familiar ith the information asunbltrdin thit ndala arhMddouren o and that

based on my inquiry of thoae ndividuals immediately responsible for obtaining the Infonrsatton.i I betliev that the sittnord inforna nfon it B'ue. accurate,and complet I am asre that there are siganilant penaldes for submltdng false information, Including ie possibility of rine and knpriioment

A. PRINT OR TYPE NAME 11. SIGNATURE C. DATE SIGNED

EPA Form 8700-13 (4-80)

PAGE I.-OF



33230 'Federal Register / Vol. 45, No.*98 / Monday, May 19, 1980 / Rules and Regulations

GSA Ao. 12345.XXForm'Anoroved 0MB No. iS8ROOXXrca.a Ff111 u. .yIJg .. ,.,. ~.* ~ US

Spo a tU.S. ENVIRONMENTAL PROTECTION AGENCYCPA 'FACILITY REPORT - PARTS B & CL N.Cottected under the authority otSectlon 3004 of RCRA.)

1. DATZ RC6IV9N XVI. TYPE OF REPORT (enter an "X") XVIf. FACILITY'S EPA .D. NO.P Io ft @ P I' C IA L 1 1 1 1

] Ii D OI - 1 .

XVIII. GENERATOR'S EPA I.0. N O XX, GENERATOR ADDRESS (street or P.O. box. city. state. & zip code)

XIX. GENERATOR N9AMEA-0

XXI. WAS'E IDENTIFICATION -a. EPA

HAZARDOUS LING 0. AMOUNT

A. DESCRIPTION OF WASTE WASTC ETHO or WASTE

0 NUMBER(see instructions)

us - =leae ° d te° p

2

3

4

5

6

7

8

9--,--,- | .-i , , - -- - -

10

12

XXII. COMMENTS (entier informaion byline number -sce insiructions)--

EPA FormW 5700-13U 6-M).DILUNG 0ODE 65604-C

..................

PAGE - OF




General Instructions Hazardous WasteReport (EPA Form 87o0-13)

ImportanL Read all instructions beforecompleting this form.Section 1--Type of Hazardous Waste Report

Part A--GeneratorAnnualReportFor generators who ship their waste off-site

to facilities which they do not own oroperate; fill in the reporting year for thisreport (e.g., 1982).

Note.-Generators who ship hazardouswaste off-site to a facility which they own oroperate must complete the facility (Part B)report instead of the Part A report.

Part B-Facility Annual ReportFor owners or operators of on-site or off-

site facilities that treat, store, or dispose ofhazardous waste; fill in the reporting year forthis report (e.g., 1982].

Part C-Unmanifested Waste ReportFor facility owners or operators who

accept for treatment, storage, or disposal anyhazardous waste from an off-site sourcewithout an accompanying manifest; fill in thedate the waste was received at the facility(e.g. 04-12-1982).Section IL- thru Section IV.-Installation ID.Number, Name of Installation, andInstallation Mailing Address

If you received a preprinted lable fromEPA, attach it in the space provided andleave Sections II through IV blank If there isan error or omission on the label, cross outthe incorrect information and fill in theappropriate item(s). If you did not receive apreprinted label, complete Sectionl1 throughSection IV.Section V-Location of Installation

If your installation location address isdifferent than the mailing address, enter thelocation address of your installation.Section VL-Installation Contact

Enter the name (last and first] andtelephone number of the person whom maybe contacted regarding information containedin this report.Section VIL-Transportation Services Used(For Part A reports ONLY)

List the EPA Identification Number foreach transporter whose services you usedduring the reporting year.Section VIIL-Cost Estimates for Facilities(For Part B reports ONLY)

,. Enter the most recent cost estimate forfacility closure in dollars. See subpart H of 40CFR part 264 or 265 for more detail.

B. For disposal facilities only, enter themost recent cost estimate for post closuremonitoring and maintenance. See Subpart Hof 40 CFR Part 264 or 265 for more detail.Section IX-Certification

The generator or his authorizedrepresentative (Part A reports) dr the owner

or operator of the facility or his authorizedrepresentative (Parts B and C reports) mustsign and date the certification whereindicated. The printed or typed name of theperson signing the report must also beincluded where indicated.

Note.-Since more than one page Isrequired for each report, enter the pagenumber of each sheet in the lower rightcomer as well as the total number of pages.

Facility Annual Report Part B Instructions(EPA Form 8700-13B)

Facility Annual Report for owners oroperators of on-site or off-site facilities thattreat, store, or dispose of hazardous waste.

Note.-Generators who ship hazardouswaste off-site to a facility they own oroperate must complete this Part B reportinstead of the Generator (Part A) AnnualReport.Important- Read All Instructions BeforeCompleting This FormSection XVL-Type of Report

Put an "x" in the box marked Part B.Section XVIL-Facility's EPA IdentificationNumber

Enter the EPA identification number foryour facility.

Example: XVIL FACIUMSEPALD.H

Section XVIIL-Generator's EPAIdentification Number

Enter the EPA identification number of thegenerator of the waste described underSection XXI which was received by yourfacility during the reporting year. A separate

sheet must be used for each generator. If thewaste came from a foreign generator, enterthe EPA identification number of the importerIn this section and enter the name andaddress of the foreign generator in SectionXXII. Comments. If the waste was generatedand treated, stored, or disposed of at thesame installation, leave this section blank.

Section XIX.-Generator's NameEnter the name of the generator

corresponding to the generator's EPAidentification number in Section XVIILIf the waste was generated and treated.

stored, or disposed of at the sameinstallation, enter "ON-SITE".

If the waste came from a foreign generator,enter the name of the importer correspondingto the EPA identification number in SectionXVIILSection XX.-Generator's Address

Enter the address of the generatorcorresponding to the generator's EPAIdentification number in Section XVII. If thewaste was generated and treated, stored, ordisposed of at the same installation, leavethis section blank. If the waste came from aforeign generator, enter the address of theImporter corresponding to the EPAidentification number in Section XVIILSection XXI-Waite Identification

All information in this section must beentered by line number. A separate line entryIs required for each different waste ormixture of wastes that your facility receivedduring the reporting year. The handling codeapplicable to that waste at the end of thereporting year should be reported. If adifferent handling code applies to portions ofthe same waste, (e.g.. part of the waste isstored while the remainder was "chemicallyfixed" during the year), use a separate lineentry for each portion.

Examole: -r L .s

Steel Finishig ris, 2i

2 8t1 Flniahing Sludge

Section XXI-A-Description of WasteFor hazardous wastes that are listed under

40 CFR Part 261, Subpart D, enter the EPAlisted name, abbreviated If necessary. Wheremixtures of listed wastes were received.enter the description which you believe bestdescribes the waste.

For unlisted hazardous waste Identifiedunder 40 CFR Part 261, Subpart C, enter thedescription which you believe best destribesthe waste. Include the specific manufacturingor other prooess generating the waste (e.g.,green sludge from widget manufacturing] and

If known, the chemical or generic chemicalname of the waste.Section XXI-B-EPA Hazardous WasteNumber

For listed waste, enter the four digit EPAHazardous Waste Number from 40 CFR Part261, Subpart D. which identifies the waste.

For a mixture, of more than one listedwaste, enter each of the applicable EPAHazardous Waste Numbers.

Four spaces are provided. If more space isneeded. continue on the next linefs) andleave all other information on that line blank.

33231




Example:XI I. WASTE IOENTI CATION

.1 A. OSCRIPTION Of WASTO WASTE 11- - I AMOUNT 0,C

I Steel hiishing SinO]il li[ 3[I__I I EI I

For unlisted hazardous wastes, enter theEPA Hazardous Waste Numbers from 40 CFRPart 261, Subpart C, applicable to the waste.If more than four spaces are required, followthe procedure described above.Section XXI-C.-Handling Code

Enter one EPA handling code for eachwaste line entry. Where several handlingsteps have occurred during the year, reportonly the handling code representing thewaste's status at the end of the reporting yearor its final disposition. EPA handling codesare given in Appendix I of this Part.Section XXI-D.-Amount of Waste

Enter the total amount of waste describedon this line which you received during thisreporting year.Section XXI-E.--Unit of Measure

Enter the unit of measure code for thequantity of waste described on this line.Units of measure which must be used in thisreport and the appropriate codes are:

Units of measure Code

Pounds ........................... PShort tons (2000 Ibs). TKilograms. KTonnes (1000 kg)... _.. . . M

Units of volume may not be used for.reporting but must be converted into one ofthe above units of weight, taking into accountthe appropriate density or specific gravity ofthe waste.Section XXII.-Comments

This space may be used to explain orclarify any entry. If used, enter a cross-reference to the appropriate Section number.

Note.-Since more than one page isrequired for each report, enter the pagenumber of eachsheet in the lower right handcorner as well as the total number of pages.

Where required by 40 CFR 264 or 265.subparts F or R, attach ground-watermonitoring data to this report.Unmanifested Waste Report Part CInstructions (EPA Form 8700-13B)

Unmanifested Waste Report for facilityowners or operators who accept fortreatment, storage, or disposal any hazardouswastp from an off-site source without anaccompanying manifest.Important- Read All Instructions BeforeCompleting This Form

For the Unmanifested Waste Report, EPAForms 8700-13 and 8700-13B must be filledout accordng to the directions for the Part-BFacility Annual Report except that (1) blocks

for which information is not available to theowner or operator of the reporting facilitymay be marked "UNKNOWN," and (2) thefollowing special instructions apply:Section vIi.--Cost Estimates for FacilitiesI Do not enter closure or post-closure cost

estimates.Section XVI.-Type of Report

Put an X" in the box marked Part C.Section XXI-A.-Description of Waste

Use as many line numbers as are needed todescribe the waste.Section XXI-C.-Handling Code

Enter the handling code which describesthe status of the waste-on the. date the reportis filed.Section XXI-D.- -Amount of Waste

Enter the amount of waste received, ratherthan a total annual aggregate.Section XXII.-Comments

a. Enter the EPA Identification number,name, and address of the transporter, ifknown. If the transporter is not known to you,enter the name and chauffeur license numberof the driver and the State and licensenumber of the transporting vehicle whichpresented the waste to your facility, ifknown.

b. Enter an explanation of how the wastemovement was presented to your facility;,why you believe the waste is hazardous: andhow your facility plans to manage the wastes,Continue on a separate blank-sheet of paperif additional space is needed.

Monitoring DataDo not attach monitoring data.

PART 265-INTERIM STATUSSTANDARDS FOR OWNERS ANDOPERATORS OF HAZARDOUS WASTETREATMENT, STORAGE, ANDDISPOSAL FACILITIES

Subpart A-General

Sec.265.1 Purpose, scope, and applicability.265.2-265.3 [Reserved]265.4 Imminent hazard action.265.5-265.9 [Reserved]


265.10 Applicability.265.11- Idenitification number.265.12 Required notices.265.13 General waste analysis.265.14 Security.

Sec.265.15 General inspection requirements.265.16 Personnel training.265.17 General requirements for Ignitable,

reactive,'or incompatible wastes.265.18-265.29 '[Reserved]

Subpart C-Preparedness and Prevention

265.30 Applicability.265.31 Maintenance and operation of

facility.265.32 Required equipment.265.33 Testing and maintenance of

equipment.265.34 Access to communications or alarm

system.265.35 Required aisle space.265.36 [Reserved]265.37 Arrangements with local authorities.265.38-265,49 [Reserved]

Subpart D-Contingency Plan andEmergency Procedures

265.50 Applicability.265.51 Purpose and implementation of

contingency plan.265.52 Content of contingency plan.265.53 Copies of contingency plan.265.54 Amendment of contingency plan.265.55 Emergency coordinator,265.56 Emergency procedures.265.57-265.69 [Reserved]

Subpart E-Manifest System,Recordkecping, and Reporting

265.70 Applicability.265.71 Use of manifest system.265.72 Manifest discrepancies.265.73 Operating record.265.74 Availability, retention, and

disposition of records.265.75 Annual report.265.76 Unmanifested waste report.265.77 Additional reports.26 .78-265.89 [Reserved]

Subpart F-Ground-Water Monitoring

265.90 Applicability.265.91 Ground-water monitoring system.265.92 Sampling and analysis.265.93 Preparation, evaluation, and

response.265.94 Recordkeeping and reporting,265.95-265.109 [Reserved]

Subpart G-Closuro and Post-Closure

'265.lio Applicability.265.111 Closure performance standard.265.112 Closure plan: amendment of plan.265.113 Time allowed for closure.265.114 Disposal or decontamination of

equipment.265.115 Certification of closure.265.116 [Reserved]265.117 Post-closure care and use of

property; period of care.265.118 Post-closure plan, amendment of

plan.265.119 Notice to local luid authority.265.120 Notice In deed to property,265.121-265.139 [Reserved]

33232



Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulationb

Subpart H-inanclal RequirementsSec.265.140 Applicability.265.141 [Reserved]265.142 Cost estimate for facility closure.265.143 [Reserved]265.144 Cost estimate for post-closure

monitoring and maintenance.265.145-265.169 [Reserved]Subpart r-Use and Management ofContainers265.170 Applicability.265.171 Condition of containers.265.172 Compatibility of waste with

container.265.173 Management of containers.265.174 Inspections.265.175 [Reserved]265.176 Special requirements for ignitable or


incompatible wastes.265.178-265.189 [Reserved]Subpart J-Tanks265.190 Applicability.265.191 [Reserved]265.192 General operating requirements.265.193 Waste analysis and trial tests.265.194 Inspections.265.195-265.196 [Reserved]265.197 Closure.265.198 Special requirements for ignitable or


incompatible wastes.265.2M0-265.219 [Reserved]Subpart K,-Surface Impoundments265.220 Applicability.265.221 [Reserved]265.222 General operating requirements.265.223 Containment system.265.224 [Reserved]265.225 Waste analysis and trial tests.265.226 Inspections.265.227 [Reserved]265.228 Closure and post-closure.265.229 Special requirements for ignitable or


incompatible wastes.265.231-265.249 [Reserved]Subpart L-Waste Piles265.250 Applicability.265.251 Protection from wind.265.252 Waste analysis.265.253 Containment.265.254-265.255 [Reserved]265.256 Special requirements for ignitable or


incompatible wastes.265.258-265.269 [Reserved]Subpart M-Land Treatment265.270 Applicability.265.271 [Reserved]265.272 General operating requirements.265.273 Waste analysis.265.274-265.k75 [Reserved]265.276 Food chain crops.265.277 [Reserved]265.278 Unsaturated zone (zone of aeration)

monitoring.

See.265.279 Recordkeeping.265.280 Closure and post-closure.265.281 Special requirements for ignitable or


incompatible wastes.265.283-265.299 [Reserved]Subpart N-Landfills265.300 Applicability.265.301 [Reserved]265.302 General operating requirements.265.303-265.308 [Reserved]265.309 Surveying and reoordkeeping.265.310 Closure andpost-closure.265,311 [Reserved]265.312 Special requirements for ignitable or


incompatible wastes.265.314 Special requirements for liquid

waste.265.315 Special requirements for containers.265.316-265.389 [Reserved]Subpart O-Incinerators265.340 Applicability.265.341-265.342 [Reserved]265.343 General operating requirements.265.344 [Reserved]265.345 Waste analysis.265.346 [Reserved]265.347 Monitoring and Inspections.265.348-265.0 [Reserved]265.351 Closure.265.352-265.369 [Reserved]Subpart P-Thermal Treatment265.370 Applicability.265.371-265.872 [Reserved]265.373 General operating requirements.265.374 [Reserved]265.375 Waste analysis.265.376 [Reserved]265.377 Monitoring and inspections.265.378-265.380 [Reserved]265.381 Closure.265.382 Open burning, waste explosives.265.383-265.399 [Reserved]Subpart 0-Chemical, Physical, andBiological Treatment265.400 Applicability.265.401 General operating requirements.265.402 Waste analysis and trial tests.265.403 Inspections.265.404 Closure.265.405 Special requirements for Ignitable or


incompatible wastes.265.407-265.429 [Reserved]Subpart R-Underground Injection265A30 Applicability.265.431-265.999 [Reserved]Appendix I-Recordkeeping instructions.Appendix U-EPA report form and

instructions.Appendix Il--EPA Interim primary drinking

water standards.Appendix IV-Tests for significance.Appendix V-Examples of potentially

incompatible waste.Authority: Secs. 1006,2002(a). and 3004 of

the Solid Waite Disposal Act. as amended bythe Resource Conservation and Recovery Act

of 1970, as amended (4Z U.S.C. 69o5,62(a),and em4].

Subpart A-General

§ 265.1 Purpose, scope, and applicability.(a] The purpose of this Part is to

establish minimum national standardswhich define the acceptablemanagement of hazardous waste duringthe period of interim status.

(b) The standards in this Part apply toowners and operators of facilities whichtreat, store, or dispose of hazardouswaste who have fully complied with therequirements for interim status underSection 3005(e) of RCRA and § 122.22 ofthis Chapter, until final administrativedisposition of their permit application ismade. These standards apply to alltreatment, storage, or disposal ofhazardous waste at these facilities afterthe effective date of these regulations,except as specifically providedotherwise in this Part or Part 261 of thisChapter.[Comment: As stated in Section 3005(a)of RCRA. after the effective date ofregulations under that Section, i.e., Parts122 and 124 of this Chapter, thetreatment, storage, or disposal ofhazardous waste is prohibited except inaccordance with a permit. Section3005(e) of RCRA provides for thecontinued operation of an existingfacility which meets certain conditionsuntil final administrative disposition ofthe owner's and operator's permitapplication is made.]

(c] The requirements of this Part donot apply to:

(1) A person disposing of hazardouswaste by means of ocean disposalsubject to a permit issued under theMarine Protection, Research, andSanctuaries Act;[Comment: These Part 265 regulationsdo apply to the treatment or storage ofhazardous waste before it is loaded ontoan ocean vessel for incineration ordisposal at sea, as provided inparagraph (b) of this Section.]

(2) A person disposing of hazardouswaste by means of undergroundinjection subject to a permit issuedunder an Underground Injection Control(UIC) program approved or promulgatedunder the Safe Drinking Water Act;[Comment- These Part 265 regulationsdo apply to the aboveground treatmentor storage of hazardous waste before itis injected underground. These Part 265regulations also apply to the disposal ofhazardous waste by means ofunderground injection, as provided inparagraph (b] of this Section. until finaladministrative disposition of a person'spermit application is made under RCRA

33233



3 Federal Register / Vol. 45, No. 98 I Monday, May 19, 1980 / Rules and Regulations

or under an approved or promulgatedUIC program.]

(3) The owner or operator of a POTWwhich treats, stores, or disposes of'hazardous waste; " '[Comment: The owner or operator of afacility under paragraphs (c)(1) through(c)(3) of this Section is subject to therequirements of Part 264 of this Chapterto the extent they are included in apermit by rule granted to such a personunder Part 122 of this Chapter, or arerequired by § 122.45 of this Chapter.]

(4) A person who treats, stores, ordisposes of hazardous waste in a Statewith a RCRA hazardous waste programauthorized under Subparts A and B, orSubpart F, of Part 123 of this Chapter,,except that the requirements of this Partwill continue to apply as stated inparagraph (c)(2) of this Section, if theauthorized State RCRA program doesnot cover disposal of hazardous wasteby means of underground injection;

(5) The owner or operator of a facilitypermitted, licensed, or registered by aState to manage municipal or industrialsolid waste, if the oily hazardous wastethe facility treats, stores; or disposes ofis excluded from regulation under thisPart by § 261.5 of this Chapter;,

(6) The owner or operator of a facilitywhich treats or stores hazardous waste,which treatment or storage meets thecriteria in § 261.6(a) ofthis Chapter, .except to the extent that § 261.6(b) ofthis Chapterprovidesotherwise;

(7) A generator accumulating wasteon-site in compliance with § 262.34 ofthis Chapter, except to the extent therequirements are included in § 262.34 ofthis Chapter

(8) A farmer disposing of wastepesticides from his own use incompliance with § 262.51 of thisChapter, or

(9) The owner or operator of a totallyenclosed treatment facility, as defined in§ 260.10.

§§ 265.2-265.3 [Reserved]

§ 265.4 Imminent hazard action.Notwithstanding any other provisionsof these regulations, enforcement

actions may be brought pursuant toSection 7003 of RCRA.

§§ 265.5-265.9 [Reserved]


§ 265.10 ApplicabilityThe regulations in this Subpart apply


§ 265.11 Identification number.Every facility owner or operator must

apply to EPA for an EPA identificationnumber in accordance with the EPAnotification procedures (45 FR 12746).

§ 265.12 Required notices.(a).-The owner or operator of a facility

that has arranged to receive hazardouswaste from a foreign source must notifythe Regional Administrator in writing atleast four weeks in advance of the dateof the waste is expected to arriveat thefacility. Notice of subsequent shipmentsof the same waste from the same foreignsource is not required.

(b) Before transferring ownership oroperation of a facility during itsoperating life, or of a disposal facilityduring the post-closure care period, theowner or operator must notify the newowner or operator in writing of therequirements of this Part and Part 122 ofthis Chapter. (Also see § 122.23(c) of thisChapter.)[Comment- An owner's or operator'sfailure to notify the new owner or.operato of the requirements of this Partin no way relieve§ the new owneroroperator of his obligation to comply withall applicable requirements.]

§ 265.13 General waste analysis.(a)(1) Before an owner or operator

treats, stores, or disposes of any .hazardous waste, he must obtain adetailed chemical and physical analysisof a representative sample of the waste.At a minimum, this analysis must •contain all the information which mustbe known to treat, store, or dispose ofthe waste in accordance with therequirements of this Part.

(2) The analysis may include datadeveloped under Part 261 of thisChapter, and existing published ordocumented data on the hazardouswaste or on waste generated fromsimilar processes.[Comment. For example, the facility'srecord of analyses performed on thewaste before the effective date of theseregulations, or studies conducted onhazardous waste generated fromprocesses similar to that whichgenerated the waste to bemanaged atthe facility, may be included in the database required to comply with paragraph(a)(1) of this Section. The owner oroperator of an off-site facility mayarrange for the generator of thehazardous waste to supply part or all ofthe information required by paragraph(a)(1) of this Section.-If the generatordoes not supply the information, and theowner or operator chooses to accept ahazardous waste, the owner or operatoris responsible for obtaining the

information required to comply with thisSection.]

(3) The analysis must be repeated asnecessary to ensure that It is accurateand up to date. At a minimum, theanalysis must be repeated:

(i) When the owner or operator Isnotified, or has reason to-believe, that

- the process or operation generating thehazardous waste has changed; and

(ii) For off-site facilities, when theresults of the inspection required inparagraph (a)(4) of this Section indicatethat the hazardous waste received at thefacility does not match the wastedesignated on the accompanyingmanifest or shipping paper,

(4) The owner or operator of an off-site facility must inspect and, Ifnecessary, analyze each hazardouswaste movement received at the facilityto determine whether it matches theidentity of the waste specified on theaccompanying manifest or shippingpaper.

(b) The owner or operator mustdevelop and follow a written wasteanalysis plan which describes theprocedures .which he will carry out tocomply with paragraph (a) of thisSection. He must keep this plan at thefacility. At a minimum, the plan mustspecify:

(1) The parameters for which eachhazardous waste will be analyzed andthe rationale for the selection of theseparameters (i.e., how analysis for theseparameters will provide sufficientinformation on the waste's properties tocomply with paragraph (a) of thisSection);(2) The test methods which will beused to test for these parameters;

(3) The sampling method which willbe used to obtain a representativesample of the waste to be analyzed. Arepresentative sample may be obtainedusing either.

(i) One of the sampling methodsdescribed in Appendix I of Part 261 ofthis Chapter, or

(ii) An equivalent sampling method.[Comment: See § 260.20(c) of thisChapter for related discussion.],

(4) The frequency with which theinitial analysis of the waste will bereviewed or repeated to ensure that theanalysis is accurate and up to date;

(5) For off~site facilities, the wasteanalyses that hazardous wastegenerators have agreed to supply: and

(6) Where applicable, the methodswhich will be used to meet theadditional waste analysis requirementsfor specific waste management methodsas specified in §§ 265.193, 265.225,,265.252, 265.273, 265.345, 265.375, and265.402.

II !33234




Cc) For off-site facilities, the wasteanalysis plan required in paragraph (b)of this Section must also specify theprocedures which will be used to inspectand, if necessary, analyze eachmovement of hazardous waste receivedat the facility to ensure that it matchesthe identity of the waste designated onthe accompanying manifest or shipping

.paper, At a minimum, the plan mustdescribe:

(1) The procedures which will be usedto determine the identity of eachmovement of waste managed at thefacility; and

(2) The sampling method which willbe used to obtain a representativesample of the waste to be identified, ifthe identification method includessampling.

§ 265.14 Security.(a] The owner or operator must

prevent the unknowing entry, andminimize the possibility for theunauthorized entry, of persons orlivestock onto the active portion of hisfacility, unless:

(1) Physical contact with the waste,structures, or equipment with the activeportion of the facility will not injureunknowing or unauthorized persons orlivestock which may enter the activeportion of a facility, and

(2] Disturbance of the waste orequipment, by the unknowing orunauthorized entry of persons orlivestock onto the active portion of afacility, will not cause a violation of therequirements of this Part.

(b] Unless exempt under paragraphs(a)(1) and (a)(2) of this Section, a facilitymust have:

(1) A 24-hour surveillance system (e.g.,television monitoring or surveillance byguards of facility personnel] whichcontinuously monitors and controlsentry onto the active portion of thefacility;, or

(2)(i) An artificial or natural barrier(e.g., a fence in good repair or a fencecombined with a cliff), which completelysurrounds the active portion of thefacility;, and

(ii] A means to control entry, at alltimes, through the gates or otherentrances to the active portion of thefacility (e.g., an attendant, televisionmonitors, locked entrance, or controlledroadway access to the facility).[Comment: The requirements ofparagraph (b] of this Section aresatisfied if the facility or plant withinwhich the active portion is located itselfhas a surveillbmnce system, or a barrierand a means to control entry, whichcomplies with the requirements ofparagraph (b)(1) or (b)(2) of thisSection.]

(c) Unless exempt under paragraphs(a](1) and (a)(2] of this Section, a signwith the legend, "Danger--UnauthorizedPersonnel Keep Out," must be posted ateach entrance to the active portion of afacility, and at other locations, insufficient numbers to be seen from anyapproach to this active portion. Thelegend must be written in English and inany other language predominant in thearea surrounding the facility (e.g.,facilities in counties bordering theCanadian province of Quebec must postsigns in French; facilities in countiesbordering Mexico must post signs inSpanish), and must be legible from adistance of at least 25 feet. Existingsigns with a legend other than"Danger-Unauthorized Personnel KeepOut" may be used if the legend on thesign indicates that only authorizedpersonnel are allowed to enter theactive portion, and that entry onto theactive portion can be dangerous.[Comment, See § 265.117(b) fordiscussion of security requirements atdisposal facilities during the post-closure care period.]

§ 265.15 General Inspection requirements.(a) The owner or operator must

inspect his facility for malfunctions anddeterioration, operator errors, anddischarges which may be causing-ormay lead to--l) release of hazardouswaste constituents to the environmentor (2) a threat to human health. Theowner or operator must conduct theseinspections often enough to identifyproblems in time to correct them beforethey harm human health or theenvironment.

(b)(1) The owner or operator mustdevelop and follow a written schedulefor inspecting all monitoring equipment,safety and emergency equipment,security devices, and operating andstructural equipment (such as dikes andsump pumps) that are important topreventing, detecting, or responding toenvironmental or human health hazards.

(2) He must keep this schedule at thefacility.

(3) The schedule must identify thetypes of problems (e.g., malfunctions ordeterioration) which are to be looked forduring the inspection (e.g., inoperativesump pump, leaking fitting, eroding dike,etc.).

(4) The frequency of inspection mayvary for the items on the schedule.However, it should be based on the rateof possible deterioration of theequipment and the probability of anenvironmental or human health incidentif the deterioration or malfunction orany operator error goes undetectedbetween inspections. Areas subject tospills, such as loading and unloading

areas, must be inspected daily when inuse. At a minimum, the inspectionschedule must include the items andfrequencies called for in § § 265.174,265.194,265.226,265.347,265.377, and265.403.

(c) The owner or operator mustremedy any deterioration or malfunctionof equipment or structures which theinspection reveals on a schedule whichensures that the problem does not leadto an environmental or human health -

hazard. Where a hazard is imminent orhas already occurred, remedial actionmust be taken immediately.

(d) The owner or operator must recordinspections in an inspection log orsummary. He must keep these recordsfor at least three years from the date ofinspection. At a minimum, these recordsmust include the date and.time of theinspection, the name of the inspector, anotation of the observations made, andthe date and nature of any repairs orother remedial actions.

§ 265.16 Personnel training.(a) (1) Facility personnel must

successfully complete a program of •classroom instruction or on-the-jobtraining that teaches them to performtheir duties in a way that ensures thefacility's compliance with therequirements of this Part. The owner oroperator must ensure that this programincludes all the elements described inthe document required under paragraph(d](3) of this Section.

(2) This program must be directed bya person trained in hazardous wastemanagement procedures, and mustinclude instruction which teachesfacility personnel hazardous wastemanagement procedures (includingcontingency plan implementation)relevant to the positions in which theyare employed.

(3) At a minimum, the trainingprogram must be designed to ensure thatfacility personnel are able to respondeffectively to emergencies byfamiliarizing them with emergencyprocedures, emergency equipment, andemergency systems, including whereapplicable:

(I) Procedures for using, inspecting,repairing, and replacing facilityemergency and monitoring equipment;

(ii) Key parameters for automaticwaste feed cut-off systems;

(il) Communications or alarmsystems;

(iv) Response to fires or explosions;(v) Response to ground-water

contamination incidents; and(vi) Shutdown of operations.(b) Facility personnel must

successfuly complete the programrequired in paragraph (a) of this Section

33235




within six months after the effectivedate of these regulations or six monthsafter the date of their employment-or,assignment to a facility, or to a newposition at a facility, whichever is later.Employees hired after the effective dateof these regulations must not workinunsupervised positions until they havecompleted the training requirements ofparagraph fa) of this Section.

(c) Facility personnel must take partin an annual review of the initialtraining required inparagraph (a) of thisSection.(d) The owner or operator mustmaintain the following documents andrecords at the facility:

(1) The job title for each position atthe facility related to hazardous wastemanagement, and the name of theemployee filling each job;

(2) A written job description foreachposition listed under paragraphdj[l) ofthis Section. This description may beconsistent in its degree of specificitywith descriptions for other similarpositions in the same company locationor bargaining unit. but must include therequisite skill, education, or otherqualifications, and duties of facilitypersonnel assigned to each position

(3) A written description of the type -and amount of both introductory andcontinuing traiming that will be giventoeach person filling a positionlistedunder paragraph (dJ(1) of this Section;

(4) Records that document that thetraining or job experience requiredunder paragraphs (a), (b), and (c) of thisSection has been given to, andcompleted by, facility personnel.(e) Training records on current-

personnel must be kept until closure ofthe facility. Training records on formeremployees must be kept for at leastthree years from the date the employeelast worked at the facility. Personneltraining racords may accompanypersonnel transferred within the samecompany.

§265.17 GeneralrequIrements forIgnitable, reactive, or Incompatible wastes.

(a) The owner or operator must takeprecautions to prevent accidentalignition or reaction of ignitable orreactive waste. This waste must beseparated andprotected fromsources ofignition or reaction including but notlimited to: openflames, smoking, cuttingand welding, hot surfaces, frictionalheat, sparks (static, elecirical,-ormechanical), spontaneous ignition (e.g.,from heat-producing chemical'reactions), and radiant heat. Whileignitable or reactive waste is beinghandled, the owner or operator mustconfine smoking and open flame tospecially designated locations. "No

Smoking" signs must be conspicuouslyplaced wherever there is a hazard fromignitable orireactive waste.

(bJ Where specifically required byother Sectios of this Part, thetreatment, storage, or disposal ofignitable or reactive waste, and themixture or commingling of incompatiblewastes, or incompatible wastes andmaterials, must be conducted so that itdoes-not:

(1) Generate extreme heat or pressure,fire or explosion, or vi6lent reaction;

(2) Produce uncontrolled toxic mists,fumes,-dusts, or gases insufficientquantities to threaten human health;

(3) Produce uncontrolled flammabl]fumes or gases in sufficient quantities topose a risk of fire or explosions;

(4] Damage the structural integrity ofthe device or facility containing thewaste; or

(5) Through otherliks'means threatenhuman health-or the environment.

§§ 265.18-26529 [Reserved]

Subpart C-Preparedness andPrevention


to owners and operators of allhazardous waste facilities, except as§ 265.a.provides otherwise.

§ 265.31 Maintenance and operation offacility.

Facilities must be maintained andoperated to minimize the possibility of afire, explosion, or any unplanned suddenor non-sudden:release of hazardouswaste or hazardous waste constituentsto air, soil, or surface water which couldthreaten human health or theenvironment.

§ 265.32 Required equipmentAll fdcilities must be equipped with

the following, unless none of thehazards posed by waste handled at thefacility could require a particular kind ofequipment specified below:

(a) An internal communications oralarm system capable of providingimmediate emergency instruction (voice.or signal) to facility personnel;

[bf A device, such as a telephone(immediately available at the scene ofoperations) or a hand-held two-way.radio, capable of summoning emergencyassistance from local policedepartments, fire departments, or Stateor local emergency response teams;

(bc) Portable fire extinguishers, firecontrol equipment (including special,extinguishing equipment, such as thatusing foam, inert gas, or dry chemicals),spill control equipment, and -decontamination equipnent; and

(d) Water at adequate volume andpressure to supply water hose streams,or foam producing equipment, orautomatic sprinklers, or water spraysystems.

§ 265.33 Testing and maintenance ofequIpment.

All facility communications or ularmsystems, fire protection equipment, spillcontrol equipment, and decontaminationequipment, where required, must betested and maintained as necessary toassure its proper operation in time ofemergency.

§ 265.34 Access to communications oralarm system.

(a) Whenever hazardous waste isbeing poured, mixed, spread, orotherwise handled, all personnelinvolved in the operation must haveimmediate access to an internal alarmor emergency communication device,either directly or through visual or voicecontact with another employee, unlesssuch a device is not required under§ 265.32.

(b) If there is ever just one employeeon the premises while the facility isoperating, he must have immediateaccess to a device, such as a telephone(immediately available at the scene ofoperation) or a hand-held two-wayradio, capable -of summoning externalemergency assistance, unless such adevice is not required under § 265,32.

§265.35 Required aisle space.The owner or operator must maintain

aisle space to allow the unobstructedmovement of -personnel, fire protectionequipment, spill control equipment, anddecontamination equipment to any areaof facility operation in an emergency,unless aisle space is not needed for anyof these purposes.

§ 265.36 [Reserved]

§265.37 Arrangements with localauthorities.

(a) The owner or operator mustattempt to make the following.arrangements, as appropriate for thetype of waste handled at his facility andthe potential need for the services ofthese orgardzations:

(1) Arrangements to familiarize police,fire departments, and emergencyresponse teams with the layout of thefacility, properties of hazardous wastehandled at the facility and associatedhazards, places where facility personnelwould normally be working, entrancesto roads inside the facility,-and possibleevacuation routes;

(2) Where more than one police andfire department might respond to anemergency, agreements designating

I I I33236,




primary emergency authority to aspecific police and a specific firedepartment, and agreements with anyothers to provide support to the primaryemergency authority,

(3) Agreements with State emergencyresponse teams, emergency responsecontractors, and equipment suppliers;and

(4) Arrangements to familiarize localhospitals with the properties ofhazardous waste handled at the facilityand the types of injuries or illnesseswhich could result.from fires,explosions, or releases at the facility.

(b) Where State or local authoritiesdecline to enter into such arrangements,the owner or operator must documentthe refusal in the operating record.§ 265.38-265.49 [Reserved]

Subpart D-Contingency Plan andEmergency Procedures


to owners and operators of allhazardous waste facilities, except as§ 265.1 provides otherwise.§ 265.51 Purpose and Implementation ofcontingency plan.

(a) Each owner or operator must havea contingency plan for his facility. Thecontingency plan must be designed tominimize hazards to human health orthe environment from fires, explosions,or any unplanned sudden or non-suddenrelease of hazardous waste orhazardous waste constituents to air,soil, or surface water.

(b) The provisions of the plan must becarried out immediately whenever thereis a fire, explosion, or release ofhazardous waste or hazardous wasteconstituents which could threatenhuman health or the environment.

§ 265.52 Content of contingency plan.(a) The contingency plan must

describe the actions facility personnelmust take to comply with §§ 265.51 and265.56 in response to fires, explosions, orany unplanned sudden or non-suddenrelease of hazardous waste orhazardous waste constituents to air,soil, or surface water at the facility.

(b) If the owner or operator hasalready prepared a Spill Prevention,Control, and Countermeasures (SPCC)Plan in accordance with Part 112 or Part151 of this Chapter, or some otheremergency or contingency plan, he needonly amend that plan to incorporatehazardous waste managementprovisions that are sufficient to complywith the requirements of this Part

(c) The plan must describearrangements agreed to by local police

departments, fire departments,hospitals, contractors, and State andlocal emergency response teams tocoordinate emergency services, pursuantto § 265.37.

(d) The plan must list names,addresses, and phone numbers (officeand home) of all persons qualified to actas emergency coordinator (see § 285.55),and this list must be kept up to date.Where more than one person is listed.one must be named as primaryemergency coordinator and others mustbe listed in the order in which they willassume responsibility as alternates.

(e) The plan must include a list of allemergency equipment at the facility(such as fire extinguishing systems, spillcontrol equipment, communications andalarm systems (internal and external),and decontamination equipment), wherethis equipment is required. This list mustbe kept up to date. In addition, the planmust include the location and a physicaldescription of each item on the list, anda brief outline of its capabilities.

(0) The plan must include anevacuation plan for facility personnelwhere there is a possibility thatevacuation could be necessary. Thisplan must describe signal(s) to be usedto begin evacuation, evacuation routes,and alternate evacuation routes (incases where the primary routes could beblocked by releases of hazardous wasteor fires).

§ 265.53 Copies of contingency plan.A copy of the contingency plan and all

revisions to the plan must be:(a) Maintained at the facility; and(b) Submitted to all local police

departments, fire departments.hospitals, and State and localemergency response teams that may becalled upon to provide emergencyservices.

§ 265.54 Amendment of contingency plan.The contingency plan must be

reviewed, and immediately amended, ifnecessary, whenever

(a) Applicable regulations are revised;(b) The plan fails in an emergency;(c) The facility changes-in its design,

construction, operation, maintenance, orother circumstances-in a way thatmaterially increases the potential forfires, explosions, or releases ofhazardous waste or hazardous wasteconstituents, or changes the responsenecessary in an emergency;

(d) The list of emergency coordinatorschanges; or

(e) The list of emergency equipmentchanges.

§ 265.55 Emergency coordinator.At all times, there must be at least one

employee either on the facility premisesor on call (i.e., available to respond toan emergency by reaching the facilitywithin a short period of time] with theresponsibility for coordinating allemergency response measures. Thisemergency coordinator must bethoroughly familiar with all aspects ofthe facility's contingency plan, alloperations and activities at the facility,the location and characteristics of wastehandled, the location of all recordswithin the facility, and the facilitylayout. In addition, this person musthave the authority to commit theresources needed to carry out thecontingency plan.[Comment. The emergency coordinator'sresponsibilities are more fully spelledout in § 265.56. Applicableresponsibilities for the emergencycoordinator vary, depending on factorssuch as type and variety of waste(s)handled by the facility, and type andcomplexity of the facility.]

§265.56 Emergency procedures.(a) Whenever there is an imminent or

actual emergency situation, theemergency coordinator (or his designeewhen the emergency coordinator is oncall) must immediately:

(1) Activate internal facility alarms orcommunication systems, whereapplicable, to notify all facilitypersonnel; and

(2) Notify appropriate State or localagencies with designated response rolesif their help is needed.

(b) Whenever there is a release, fire,or explosion, the emergency coordinatormust immediately identify the character,exact source, amount, and a real extentof any released materials. He may dothis by observation or review of facilityrecords or manifests and, if necessary,by chemical analysis.

(c) Concurrently, the emergencycoordinator must assess possiblehazards to human health or theenvironment that may result from therelease, fire, or explosion. Thisassessment must consider both directand indirect effects of the release, fire,or explosion (e.g., the effects of anytoxic, irritating, or asphyxiating gasesthat are generated, or the effects of anyhazardous surface water run-offs fromwater or chemical agents used to controlfire and heat-induced explosions).

(d) If the emergency coordinatordetermines that the facility has had arelease, fire, or explosion which couldthreaten human health, or theenvironment, outside the facility, hemust report his findings as follows:

33237



,33238 -. Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 R

(1) If his assessment indicates thatevacuatidn of local areas maybe -..advisable, he must immediately notifyappropriate local authorities. He mustbe available to help appropriate officialsdecide whether local areas should beevacuated; and '

(2) He must immediately notify eitherthe government official designated asthe on-scene coordinator for thatgeographical area (in the applicableregional contingency plan under Part1510 of this Title), or the NationalResponse Center (using their 24-hour tollfree number 800/424-8802). The reportmust include:

(i) Name and telephone number -freporter,

(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 thefacility.

(e) During an emergency, the -

emergency coordinator must take allreasonable measures necessary toensure that fires, explosions, andreleases do not occur, recur, or spread toother hazardous waste at the facility.These measures must include, whereapplicable, stopping processes andoperations, collecting and containingreleased waste, and removing orisolating containers.

(f) If the facility stops operations inresponse to a fire, explosion or release,the emergency coordinator must monitorfor leaks, pressure buildup, gasgeneration, or ruptures in valves, pipes,or other equipment, wherever thisisappropriate.

(g) Immediately after an emergency,the emergency coordinator must providefor treating, storing, or disposing of-recovered waste, contaminated soil orsurface water, or any other material thatresults from a release, fire, or explosionat the facility.;[Comment: Unless the owner or operatorcan demonstrate, in accordance with§ 261.3(c) or (d) of this Chapter, that therecovered material is not a hazardous°waste, the owner or operator becomes agenerator of hazardous waste and mustmanage it in accordance with allapplicable requirements of Parts 262,263, and265 of this Chapter.]

(h) The emergency coordinator mustensure that, in the affected area(s) of thefacility:.

(1) No waste that may beincompatible with the Teleased material,is treated, stored, or disposed of-until-cleanup procedures are completed; and

(2) All emergency equipment listed inthe contingency plan is cleanel and fitfor its intended use before operationsare resumed.

(i) The owner or operator must notifythe Regional Administrator, andappropriate State and local authorities,that the facility is in compliance withparagraph (h) of this Section beforeoperations are resumed in the affectedarea(s) of the facility.

(I) The owner or operator must note inthe operating record the time, date, anddetails of any incident that requiresimplementing the contingency plan.Within 15 days after the incident, hemust submit a written report on theincident to the Regional Administrator.The report must include:

(1) Name, address, and telephonenumber of the owner or operator,

(2) Name, address, and telephonenumber of the facility;"(3) Date, time, and type of incilent(e.g., fire, explosion);' (4) Name and quantity of material(s)

involved;(5) The extent of injuries, if any-(6) An assessment of actual or

potential hazards to human health or theenvironment, where this is applicable;and

(7) Estimated quantity and dispositionof recovered material that resulted fromthe incident.

§§ 265.57-265.69 [Reserved]

Subpart E-Manifest System,Recordkeeping, and Reporting

§ 265.70 Applicability.

The regulations in this Subpart applyto owners and operators of both on-siteand off-site facilities, except as § 265.1provides otherwise. Sections 265.71,265.72, and 265.76 do not apply toowners and operators of on-sitefacilities that do not receive anyhazardous waste fromoff-site sources.

§ 265.71 Use of manifest system.

(a) If a facility receives hazardous,waste accompanied by a manifest, the

owner or operator, orhis agent, must-(1) Sign and date each copy of the

manifest to certify that the hazardouswaste covered by-the manifest wasreceived;

(2) Note any significant discrepanciesin the manifest (as defined in§ 265.72(a)) on each copy of themanifest,-[Comment: The Agency does-not intendthat the owner or operator of a facilitywhose procedures under § 265.13(c)-include waste analysis must performthat analysis before signing the manifestand-giving it to the transporter. Section

265.72(b), however, requires reporting anunreconciled discrepancy discoveredduring later analysis.]

(3) Immediately give the transporter atleast one copy of the signed manifest;

(4) Within 30 days after the delivery,send a copy of the manifest to thegenerator: and

(5) Retain at the facility a copy ofeach manifest for at least three yearsfrom the date of delivery.

(b) If a facility receives, from a rail orwater (bulk shipment) transporter,hazardous waste which Is accompanied.by a shipping paper containing all theinformation required on the manifest(excluding the EPA identificationnumbers, generator's certification, andsignatures), the owner or operator, or hisagent, must:

(1) Sign and date each copy of theshipping paper to certify that thehazardous waste covered by theshipping paper was received-

(2) Note any significant discrepanciesin the shipping paper (as defined in§ 265.72(a)) on each copy of the shippingpaper,[Comment: The Agency does not intendthat the owner or operator of a facilitywhose procedures under § 265.13(c)include waste analysis must performthat analysis before signing the shippingpaper and giving it to the transporter.Section 265.72(b), however, requiresreporting an unreconciled discrepancydiscoverdd during later analysis.]

(3) Immediately give the rail or water(bulk shipment) transporter at least onecopy of the shipping paper,

(4) Within 30 days after the delivery,send a copy of the shipping paper to thegenerator, however, if the manifest Isreceived within 30 days after thedelivery, the owner or operator, or hitsagent, must sign and date the manifestand return it to the generator in lieu ofthe shipping paper, and[Commenkr Section 262.23(c) of thisChapter requires the generator to sendthree copies of the manifest to thefacility when hazardous waste Is sent byrail or water (bulk shipment).]

(5) Retain at the facility a copy ofeach shipping paper and manifest for atleast three years from the date ofdelivery.§ 265.72 Manifest discrepancies.

( (a) Manifest discrepancies aredifferences between the quantity or typoof hazardous waste designated on themanifest or shipping paper, and thequantity or type of hazardous waste afacility actually receives. Significantdiscrepancies in quantity are: (1) forbulk waste, variations greater than 10

/ Rules and Regulations




percent in weight, and (2) for batchwaste, any variation in piece count, suchas a discrepancy of one drum in atruckload. Significant discrepancies intype are obvious differences which canbe discovered by inspection or wasteanalysis, such as waste solventsubstituted for waste acid, or toxicconstituents not reported on themanifest or shipping paper.

(b) Upon discovering a significantdiscrepancy, the owner or operator mustattempt to reconcile the discrepancywith the waste generator or transporter(e.g., with telephone conversations]. Ifthe discrepancy is not resolved within15 days after receiving the waste, theowner or operator must immediatelysubmit to the Regional Administrator aletter describing the discrepancy andattempts to reconcile it, and a copy ofthe manifest or shipping paper at issue.

§ 265.73 Operating record.(a) The owner or operator must keep a

written operatingrecord at his facility.(b) The following information must be

recorded, as it becomes available, andmaintained in the operating record untilclosure of the facility.

(1) A description and the quantity ofeach hazardous waste received, and themethod(s) and date(s) of its treatmentstorage, or disposal at the facility asrequired by Appendix I;

(2) The location of each hazardouswaste within the facility and thequantity at each location. For disposalfacilities, the location and quantity ofeach hazardous waste must be recordedon a map or diagram of each cell ordisposal area. For all facilities, thisinformation must include cross-references to specific manifestdocument numbers, if the waste wasaccompanied by a manifest[Comment See § § 265.119, 265.279, and265.309 for related requirements.]

(3) Records and results of wasteanalyses and trial tests performed asspecfifed.in § § 265.13, 265.193, 265.225,265.252,265.273, 265.345, 265.375, and265.402;

(4) Summary reports and details of allincidents that require implementing thecontingency plan as specified in§ 265.560);

(5) Records and results of inspectionsas required by § 265.15(d) (except thesedata need be kept only three years);

(6) Monitoring, testing, or analyticaldata where required by §§ 265.90,265.94, 265.276, 265.278, 265.280(d)(1),265.347, and 265.377; and,[Comment: As required by § 265.94,monitoring data at disposal facilitiesmust be kept throughout the post-closureperiod.]

(7) All closure cost estimates under§ 265.142 and, for disposal facilities, allpost-closure cost estimates under§ 265.144.

§ 265.74 Availability, retention, anddisposition of records.

(a) All records, including plans,required under this Part must befurnished upon request, and madeavailable at all reasonable times forinspection, by any officer, employee, orrepresentative of EPA who is dulydesignated by the Administrator.

(b) The retention period for all recordsrequired under this Part Is extendedautomatically during the course of anyunresolved enforcement actionregarding the facility or as requested bythe Administrator.

(crA copy of records of wastedisposal locations and quantities under§ 265.73(b)(2) must be submitted to theRegional Administrator and local landauthority upon closure of the facility(see § 265.119).

§ 265.75 Annual report,The owner or operator must prepare

and submit a single copy of an annualreport to the Regional Administrator byMarch I of each year. The report formand instructions in Appendix II must beused for this report. The annual reportmust cover facility activities during theprevious calendar year and must includethe following information:

(a) The EPA Identification number,name, and address of the facility;

(b] The calendar year covered by thereport;

(c) For off-site facilities, the EPAidentification number of each hazardouswaste generator from which the facilityreceived a hazardous waste during theyear, for imported shipments, the reportmust give the name and address of theforeign generator,

(d) A description and the quantity ofeach hazardous waste the facilityreceived during the year. For off-sitefacilities, this information must be listedby EPA Identification number of eachgenerator,


(f) Monitoring data under§ 265.94(a)(2)(ii) and (111), and b](2),where required;

(g) The most recent closure costestimate under § 265.142, and, fordisposal facilities, the most recent post-closure cost estimate under § 2M5.144:and

(h) The certification signed by theowner or operator of the facility or hisauthorized representative.

1265.76 Unmanifested waste report.If a facility accepts for treatment.

storage, or disposal any hazardouswaste from an off-site source without anaccompanying manifest or without anaccompanying shipping paper asdescribed in I 263.20(e)(2) of thisChapter, and if the waste is notexcluded from the manifest requirementby § 281.5 of this Chapter, then theowner or operator must prepare andsubmit a single copy of a report to theRegional Administrator within 15 daysafter receiving the waste. The reportform and instructions in Appendix I1must be used for this report. The reportmust include the following information:

(a) The EPA identification number,name, and address of the facility;

(b) The date the facility received thewaste;

(c) The EPA identification number,name, and address of the generator andthe transporter, if available

(d) A description and the quantity ofeach unmaniested hazardous waste thefacility received;


(1) The certification signed by theowner or operator of the facility or hisauthorized representative; and

(g) A brief explanation of why thewaste was unmanifested. if known.[Comment. Small quantities ofhazardous waste are excluded fiomregulation under this Part and do notrequire a manifest. Where a facilityreceives unmanifested hazardouswastes, the Agency suggests that theowner or operator obtain from eachgenerator a certification that the wastequalifies for exclusion. Otherwise, theAgency suggests that the owner oroperator file an unmanifested wastereport for the hazardous wastemovement.]

§ 265.77 Additional reports.In addition to submitting the annual

report and unmaniested waste reportsdescribed in §§ 265.75 and 265.76, theowner or operator must also report tothe Regional Administraton

(a) Releases, fires, and explosions asspecifiedin § 265.5601;

(b) Ground-water contamination andmonitoring data as specified in §§ 265.93and 265.94; and

(c) Facility closure as specified in§ 25.115.

H 265.78-265.89 [Reserved]

Subpart F-Ground-Water Monitoring

§265.90 Applicabiity.(a) Within one year after the effective

date of these regulations, the owner or

33239




operator of a surface impoundment,landfill, or land treatment facility whichis used to manage hazardous wastemust implement a ground-watermonitoring program capable ofdetermining the facility's impact on thequality of ground water in theuppermost aquifer underlying thefacility, except as § 265.1 and paragraph(c) of this Section provide otherwise.

(b) Except as paragraphs (c) and (d) ofthis Section provide otherwise, the -owner or operator must install, operate,and maintain a ground-water monitoringsystem which meets the requirements of§ 265.91, and must comply with§ § 265.92-265.94. This ground-watermonitoring program must be carried outduring the active life ,of the facility, andfor disposal facilities, during the post- -

closure care period as well.(c) All or part of the ground-water

monitoring requirements of this Subpartmay be waived if the owner or operatorcan demonstrate that there is a low.potential for migration of hazardouswaste or hazardous waste constituentsfrom the facility via the uppermostaquifer to water supply wells (domestic,industrial, or agricultural) or to surfacewater. This demonstration must be inwriting, and must be kept at the facility.This demonstration must be certified bya qualified geologist or geotechnicalengineer and must establish thefollowing:

(1) The potential for migration ofhazardous waste or hazardous wasteconstituents from the facility to theuppermost aquifer, by an evaluation of:

(ij A.water balance of precipitation,evapotranspiration, runoff, andinfiltration; and

'(ii) Unsaturated zone characteristics(i.e., geologic materials, physicalproperties, and depth to ground water);and

(2) The potential for hazardous wasteor hazardous waste constituents whichenter the uppermost aquifer to migrateto a water supply well or surface water,by an evaluation of:

(i) Saturated zone characteristics (i.e.,geologic materials, physical properties,and rate of ground-water flow); and

(ii) The proximity of the facility towater supply wells or surface water.

(d) If an owner or operator assumes(or knows) that ground-water monitoringof indicator parameters in accordancewith § §265.91 and 265.9Z would showstatistically significant increases (ordecreases in the case of pH) whenevaluated under § 265.93(b), he may,install, operate, and maintain analternate ground-water monitoringsystem (other than theqne described in§ § 265.91 and 265.92). If the owner oroperator decides to use an alternate

ground-water monitoring system hemust:

(1) Within one year afterthe effectivedate of these regulations, submit to theRegional Administrator a specific plan,certified by a qualified geologist orgeotechnical engineer, which satisfiesthe requirements of § 265.93(d)(3), for analternate ground-water monitoringsystem;

(2j Not later than one year after theeffective date of these regulations,initiate the determinations specified in§ 265.93(d)(4);

(3) Prepare and submit a writtenreport in accordance with § 265.93(d)(5);

(4) Continue to make thedeterminations specified in§ 265.93(d)(4) on a quarterly basis untilfinal closure of the facility; and

(5) Comply with the recofdkeepingand reporting requirements in§ 265.94(b).

§ 265.91 Ground-water monitoringsystem.

(a) A ground-water monitoring systemmust be capable of yielding ground-water samples for-analysis and mustconsist of:

(1) Monitoring wells (at least one)installed hydraulically upgradient (i.e.,in the direction of increasing statichead) from the limit of'the wastemanagement area. Their number;locations, and depths must be sufficientto yield ground-water samples that are:

( i) Representative of backgroundground-water quality in the uppermostaquifer near the facility; and

(ii] Not affected by the facility; and(2) Monitoring wells (at least three)

installed hydraulically downgradient(i.e., in the direction of decreasing static-head] at the limit of the wastemanagement area. Their number,locations, and depths must ensure thatthey immediately detect any statisticallysignificant amounts of hazardous wasteor hazardous waste constituents thatmigrate from the waste managementarea to the uppermost aquifer.

(b] Separate monitoring systems foreach waste management component of afacility are not required provided thatprovisions for sampling upgradient anddowngradient water quality will detectany discharge-from the wastemanagement area.

(1) In the case of a facility consistingof only one surface impoundment,landfill, or. land treatment area, thewaste management area is described bythe waste boundary (perimeter).

(2)'In the case of a facility consistingof more than one surface impoundment,landfill, or land treatment area, thewaste management area is describedbyan imaginary boundary line which

circumscribes the several wastemanagement components.

(c) All monitoring wells must be casedin a manner that maintains the integrityof the monitoring well bore hole. Thiscasingmust be screened or perforated,and packed with gravel or sand wherenecessary, to enable sample collectionat depths where appropriate aquiferflow zones exist. The annular space (i.o,,the space between the bore hole andwell casing) above the sampling depthmust be sealed with a suitable material(e.g., cement grout or bentonite slurry) toprevent contamination of samples andthe ground water.

§ 265.92 Sampling and analysis.(a) The owner or operator'must obtain

and a4alyze samples from the installedground-water monitoring -system. Theowner r'op erator must develop andfollow a gro nd-water sampling andanalysis plan. He must keep this plan atthe facility. The plan must includeprocedures and techniques for:

(1) Sample collection;.(2) Sample preservation'and shipment;

.(3) Analytical procedurds; and(4) Chain of custody control,

[Comment: See "Procedures Manual ForGround-water Monitoring At SolidWaste Disposal Facilities," EPA-530/SW-611, August 1977 and "Methods for'Chemical Analysis of Water andWastes," EPA-600/4-79-020, March1979 for discussions of sampling andanalysis procedures.]

(b) The owner or operator mustdetermine the concentration or value ofthe following parameters in ground-water samples in accordance withparagraphs (c) and (d) of this section:

(1) Parameters characterizing thesuitability of the ground water as adrinking water supply, as specified inAppendix 111.

(2) Parameters establishing ground-water quality:

(i) Chloride(ii) Iron(iii) Manganese(iv) Phenols(v) Sodium(vi) Sulfate

[Comment: These parameters are to beused as a basis for comparison in theevent a ground-water qualityassessment is required under§ 265.93(d).]

(3) Parameters used as Indicators ofground-water contamination:

(i) pH(ii) Specific Conductance(iii) Total Organic Carbon(iv) Total Organic Halogen(c)(1XFor all monitoring wells, the

owner or operator must establish Initial

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background concentrations or values ofall parameters specified in paragraph (b)of this Section. He must do thisquarterly for one year.

(2) For each of the indicatorparameters specified in paragraph (b)(3)of this Section. at least four replicatemeasurements must be obtained foreach sample and the initial backgroundarithmetic mean and variance must bedetermined by pooling the replicatemeasurements for the respectiveparameter concentrations or values insamples obtained from upgradient wellsduring the first year

(d) After the first year, all monitoringwells must be sampled and the samplesanalyzed with the following frequencies:

[1] Samples collected to establishground-water quality must be obtainedand analyzed for the parametersspecified in paragraph (b)(2) of thisSection at least annually.

(2) Samples collected to indicateground-water contamination must beobtained and analyzed for theparameters specified in paragraph (b)(3)of this Section at least semi-annually.

(e) Elevation of the ground-watersurface at each monitoring well must bedetermined each time a sample is,obtained.

§ 265.93 Preparation, evaluation, andresponse.

(a) Within one year after the effectivedate of these regulations, the owner oroperator must prepare an out'ne of aground-water quality assessmentprogram. The outline must describe amore comprehensive ground-watermonitoring program (than that describedin §§ 265.91 and 265.92) capable ofdetermining.

(1) Whether hazardous waste orhazardous waste constituents haveentered the ground water,

(2) The rate and extent of migration ofhazardous waste or hazardous wasteconstituents in the ground water;, and

(3) The concentrations of hazardouswaste or hazardous waste constituentsin the ground water.

(b) For each indicator parameterspecified in § 265.92(b)(3), the owner oroperator must calculate the arithmeticmean and variance, based on at leastfour replicate measurements on eachsample, for each well monitored inaccordance with § 26592(d)(2], andcompare these results with its initialbackground arithmetic mean. Thecomparison must consider individuallyeach of the wells in the monitoringsystem, and mustuse the Student's t-testat the 0.01 level of significance (seeAppendix V] to determine statisticallysignificant increases (and decreases, inthe case of pH) over initial background.

(c)(1) If the comparisons for theupgradient wells made under paragraph(b) of this Section show a significantincrease (or pH decrease), the owner oroperator must submit this information inaccordance with § 205.[a)[2)[ii).

(2) If the comparisons fordowngradient wells made underparagraph (b) of this Section show asignificant increase (or pH decrease),the owner or operator must thenimmediately obtain additional ground-water samples from those downgradientwells where a significant difference wasdetected, split the samples in two, andobtain analyses of all additionalsamples to determine whether thesignificant difference was a result oflaboratory error.

(d)(1) If the analyses performed underparagraph (c)(2) of igs Section confirmthe significant increase (orpHdecrease), the owner or operator mustprovide written notice to the RegionalAdministrator-within seven days of thedate of such confirmation-that thefacility may be affecting ground-waterquality.

(2) Within 15 days after thenotification under paragraph (d)(1) ofthis Section, the owner or operator mustdevelop and submit to the RegionalAdministrator a specific plan. based onthe outline required under paragraph (a)of this Section and certified by aqualified geologist or geotechnicalengineer, for a ground-water qualityassessment program at the facility.

(3) The plan to be submitted under§ 265.90(d)(1) or paragraph (d)(2) of thisSection must specify:

(i) The number, location, and depth ofwells;

[ii) Sampling and analytical methodsfor those hazardous wastes orhazardous waste constituents in thefacility;

(ili) Evaluation procedures, includingany use of previously-gathered ground-water quality information and

(iv) A schedule of implementation.(4) The owner or operator must

implement the ground-water qualityassessment plan which satisfies therequirements of paragraph (d)(3) of thisSection, and, at a minimum, determine:

(i) The rate and extent of migration ofthe hazardous waste or hazardouswaste constituents in the ground water;.and

(ii) The concentrations of thehazardous waste or hazardous wasteconstituents in the ground water.

(5) The owner or operator must makehis first determination under paragraph(d)(4) of this Section as soon astechnically feasible, and, within 15 daysafter that determination, submit to theRegional Administrator a written report

containing an assessment of the ground-water quality.

(6) If the owners or operatordetermines, based on the results of thefirst determination under paragraph(d)(4) of this Section. that no hazardouswaste or hazardous waste constituentsfrom the facility have entered theground water, then he may reinstate theindicator evaluation program describedin § 265.92 andparagraph (b) of thisSection. If the owner or operatorreinstates the indicator evaluationprogram, he must so notify the RegionalAdministrator in the report submittedunder paragraph (d){5) of this Section.

(7) If the owner or operatordetermines, based on the firstdetermination under paragraph (d)[4) ofthis Section, that hazardous waste orhazardous waste constituents from thefacility have entered the ground water,then he

i) Must continue to make thedeterminations required underparagraph (d) (4) of this Section on aquarterly basis until final closure of thefacility, if the ground-water qualityassessment plan was implemented priorto final closure of the facility; or

(ii) May cease to make thedeterminations required underparagraph (d)(4) of this Section, if theground-water quality assessment planwas implemented during the post-closure care period.

(e) Notwithstanding any otherprovision of this Subpart, any ground-water quality assessment to satisfy therequirements of § 265.93(d] (4] which isinitiated prior to final closure of thefacility must be completed and reportedin accordance with § 265.93[d)(5).

(0) Unless the ground water ismonitored to satisfy the requirements of§ 265.93(d) (4), at least annually theowner or operator must evaluate thedata on ground-water surface elevationsobtained under § 255.92(e) to determinewhether the requirements under§ 25.91(a) for locating the monitoringwells continues to be satisfied. f theevaluation shows that § 265.91(a) is nolonger satisfied, the owner or operatormust immediately modify thenumber,location, or depth of the monitoringwells to bring the ground-watermonitoring system into compliance withthis requirement.

§ 265.94 Recordkeeping and reporting.(a) Unless the ground water is

monitored to satisfy the requirements of§ 265.93(d)(4); the owner or operatormust:

(1) Keep records of the analysesrequired in § 265.92(c) and (d), theassociated ground-water surfaceelevations required in § 265.92(e), and

33M4




the evaluations required in §throughout the active life oftand, for disposal facilities, ththe post-closure care period

(2) Report the following grmonitorihg information to thAdministrator:

(i) During the first year whbackground concentrations aestablished for the facility:concentrations or values of tparameters listed in § 265.92each ground-water monitorirwithin 15 days after completquarterly analysis. The own(operator must separately ideeach monitoring well any pawhose concentration or valufound to exceed the maximucontaminant levels listed inIll

(ii) Annually: concentratioof the parameters listed in §for' each ground-water monitalong with the required evaluthese parameters under § 26owner or operator must sepaidentify any significant differinitial background found in tupgradient wells, in accorda§ 265.93(c)(1). During the actithe facility, this informationsubmitted as part of the annirequired under § 265.75.

(iii) As a part of the annuarequired under § 265.75: resuevaluation of ground-water selevations under § 265 93(f),description of the response tevaluation, where applicable

(b) If the ground water is nsatisfy the requirements of§ 265.93(d){4), the owner or omust:

(1) Keep records of the anaevaluations specified in the Isatisfies the requirements of§ 265.93(d)(3), throughout theof the facility, and, for disposfacilities, throughout the postcare period as well; and

(2) Annually, until final clofacility, submit to the RegionAdministrator a report contaresults of his ground-ivater qassessment program which his not limited to, the calculatmeasured) rate of migration I

hazardous waste or hazardoconstituents in the ground wthe reporting period. This repsubmitted as part of the annurequired under § 265.75.

265.93(b)the facility,"iroghoutas well; andound-watere Regional

en initial,-ire being

he(b)(1) forg Well

§§ 265.95-265.109 [Reserved]

Subpart-G-Closure and Post-Closure

§ 265.110 Applicability.Except as § 265.1 provides otherwise:(a)-Sections 265.111-265.115 (which

concern closure)-apply to the ownersand operators of all hazardous wastefacilities; and

(b) Sections 265.117-265.120 (whichconcern post-closure care) apply to theowners and operators of all disposalfacilities.

6.= §265.111 Closure performance standard.er orrtify for The owner or operator must close hisrameters facility in a manner that: (a) minimizeseaseten the need for further maintenance, ande has been (b) controls, minimizes or eliminates, toA ei the extent necessary to protect humanAppendix health and the environment, post-

closure escape of hazardous waste,ns or values hazardous waste constituents, leachate,265.92(b)(3] contauiinated rainfall, or waste•oring well, decomposition products to the grodiations for water, or surface waters, or to the5.93(b). The atmosphere.ratelyrences from § 265.112 Closure plan; amendment of

he-plan. : " , -the' '

+ ~nce with (a) On the effective date of these

ve life of regulations, the owner or operator must

must be have a written closure plan. He must

xal report keep this plan at the facility. This planmhst identify the steps necessary tocompletely close the facility at any point

I report during its intended life and at the end ofIts of the its intended life. The-closure plan musturface include, at least:and a (1) A description of how and when theo that facility will be partially closed, if

applicable, and ultimately closed. Thenonitored to description must identify the maximum,

extent of the operation which will be beperator unclosed during the life of the facility,

and how the requirements of § 205.111alyses and and the applicable closure requirementsIan, which of § § 265.197, 265.228, 265.280, 265.310,

265.351, 265.381, and 265.404 will be met;

active life (2) An estimate of the maximum

sal inventory of wastes in storage or in

t-closure treatment at any given time during thelife of the facility;

s3) A description of the steps neededsure of'the to decontaminate facility equipmental during closure; andining the (4) A schedule for final closure whichuality must include, as a minimum, thencludes, but anticipated date when wastes will noed (or longer be received, the date whenof c6mpletion of final closure isus waste anticipated, and intervening milestoneater during dates which will allow tracking of theort must be progress of closure. (For example, the

ual report expected date for completing treatmentSordispsal of 'wste'inventory must bein6luded, as must the planned date forremoving any residual wastes from

storage facilities and treatmentprocesses.)

(b) The owner or operator may amendhis closure plan at any time during theactive life of the facility. (The active lifeof t1le facility is that period during whichwastes are periodically received.) Theowner" o 6perator must amend his planany time changes in operating plans orfacility design affect the closure plan.

(c) The owner or operator must submithis closure plan to the RegionalAdministrator at least 180 days beforethe date he expects to begin closure. TheRegional Administrator will modify,approve, or disapprove the plan within90 das of receipt and after providingthe owner or operator and the affectedpublic (through a newspapet notice) theopportunity to submit written comments.If an owner or operator plans to beginclosure within 180 days after theeffectiye date of these regulations, hemust submit the necessary plans on theeffective date of these regulations.

§ 265.113 Time alloWed for closure.(a) Within 90 days after receiving the

final volume of hazardous wastes, theowner or operator must treat allhazardois wastes in storage or intreatment, or remove them from the site,or dispose of them on-site, inaccordance with the approved closureplan.

(b) The owner or operator mustcomplete closure activities inaccordance with the approved closure'plan and within six months afterreceiving the final volume of wastes.The Regional Administrator mayapprove a longer closure period under§ 265.112(c) if the owner or operator candemonstrate that: (1) the required orplanned closure activities will, ofnecessity, take him longer than sixmonths to complete, and (2) that he hastaken all steps to eliminate anysignificant threat to human health andthe environment from the unclosed butinactive facility.

§ 265.114 Disposal or decontamination ofequipment.

When closure is completed, all facilityequipment and structures must havebeen properly disposed of, ordecontaminated by removing allhazardous waste and residues,

§ 265.115 Certification of closure.When closure is completed, the owner

or operator mustsubmit to the RegionalAdministrator certification both by theowner or operator and by anindependent registered professionalengineer that the facility has beenclosed in accordance with the

i332U




specifications in the approved closureplan.


§ 265.117 Post-closure care and use ofproperty; period of care.

(a) Post-closure care must consist of atleast:

(1) Ground-water monitoring andreporting in accordance with the.requirements of Subpart F; and

(2) Maintenance of monitoring andwaste containment systems as specifiedin § § 265.91, 265.223, 265.228, 265.280,and 265.310, where applicable.

(b) The Regional Administrator mayrequire maintenance of any or all of thesecurity requirements of § 265.14 duringthe post-closure period, when:

(1) Wastes may remain exposed aftercompletion of closure; or

(2) Short term, incidental access bythe public or domestic livestock may.pose a hazard to human health.

(c) Post-closure use of property on orin which hazardous waste remains afterclosure must never be allowed to disturbthe integrity of the final cover, liner(s),or any other components of anycontainment system, or the function ofthe facility's monitoring systems, unlessthe owner or operator can demonstrateto the Regional Administrator, either inthe post-closure plan or by petition, thatthe disturbance:

(1) Is necessary to the proposed use ofthe property, and will not increase thepotential hazard to human health or theenvironment; or

(2) Is necessary to reduce a threat tohuman health or the environment.

(d) The owner or operator of adisposal facility must provide post-closure care in accordance with theapproved post-closure plan for at least30 years after the date of completingclosure. However, the owner or operatormay petition the Regional Administratorto allow some or all of the requirementsfor post-closure care to be discontingedor altered before the end of the 30-yearperiod. The petition must includeevidence demonstrating the securenature of the facility that makescontinuing the specified post-closurerequirement(s) unnecessary-e.g., nodetected leaks and none likely to occur,characteristics of the waste, applicationof advanced technology, or alternativedisposal, treatment, or re-usetechniques. Alternately, the RegionalAdministrator may require the owner oroperator to continue one or more of thepost-closure care and maintenancerequirements contained in the facility'spost-closure plan for a specified periodof time.-The Regional Administratormay do this if he finds there has been

noncompliance with any applicablestandards or requirements, or that suchcontinuation is necessary to protecthuman health or the environment. At theend of the specified period of time, theRegional Administrator will determinewhether to continue or terminate post-closure care and maintenance at thefacility. Anyone (a member of the publicas well as the owner or operator) maypetition the Regional Administrator foran extension or reduction of the post-closure care period based on cause.These petitions will be considered bythe Regional Administrator at the timethe post-closure plan is submitted and atfive-year intervals after the completionof closure.

§265.118 Post-cosure plan; amendmentof plan.

(a) On the effective date of theseregulations, the owner or operator of adisposal facility must have a writtenpost-closure plan. He must keep thisplan at the facility. This plan mustidentify the activities which will becarried on after final closure and thefrequency of those activities. The post-closure plan must include at least-

(1) Ground-water monitoring activitiesand frequencies as specified in SubpartF for the post-closure period; and

(2) Maintenance activities andfrequencies to ensure: (1) the integrity ofthe cap and final cover or othercontainment structures as specified in§ § 265.223, 265.228, 265.280, and 265.310,where applicable, and (2) the function ofthe facility's monitoring equipment asspecified in § 265.91.

(b) The owner or operator may amendhis post-closure plan at any time duringthe active life of the disposal facility orduring the post-closure care period. Theowner or operator must amend his planany time changes in operating plans orfacilities design affect his post-closureplan.

(c) The owner or operator of adisposal facility must submit his lpost-closure plan to the RegionalAdministrator at least 180 days beforethe date he expects to begin closure. TheRegional Administrator will modify orapprove the plan within 90 days ofreceipt and after providing the owner oroperator and the affected public(through a newspaper notice) theopportunity to submit written comments.The plan may be modified to includesecurity equipment maintenance under§ 265.117(b). If an owner or operator of adisposal facility plans to begin closurewithin 180 days after the effective dateof these regulations, he must submit thenecessary plans on the effective date ofthese regulations. Any amendments tothe plan under paragraph (b) of this

Section which occur after approval ofthe plan must also be approved by theRegional Administrator before they maybe implemented.

§265.119 Notice to local land authority.Within 90 days after closure is

completed, the owner or operator of adisposal facility must submit to the localland authority and to the RegionalAdministrator a survey plat indicatingthe location and dimensions of landfillcells or other disposal areas withrespect to permanently surveyedbenchmarks. This plat must be preparedand certified by a professional landsurveyor. The plat filed with the localland authority must contain a note,prominently displayed, which states theowner's or operator's obligation torestrict disturbance of the site asspecified in § 265.117(c). In addition, theowner or operator must submit to theRegional Administrator and to the localland authority a record of the type,location, and quantity of hazardouswastes disposed of within each cell orarea of the facility. For wastes disposedof before these regulations werepromulgated, the owner or operatormust identify the type, location, andquantity of the wastes to the best of hisknowledge and in accordance with anyrecords he has kept.

§265.120 Notice In deed to property.The owner of the property on which a

disposal facility is located must record.in accordance with State law, a notationon the deed to the facility property-oron some other instrument which isnormally examined during title search-that will in perpetuity notify anypotential purchaser of the property that:(1) the land has been used to managehazardous waste, and (2) its use isrestricted under § 265.117(c.

§j265.121-265.139 [Reserved]

Subpart H-Financial Requirements

1265.140 Applicability.(a) Section 265.142 applies to owners

and operators of all hazardous wastefacilities, except as this Section or§ 265.1 provide otherwise.

(b) Section 265.144 applies only toowners and operators of disposalfacilities.

(c) States and the Federal governmentare exempt fom the requirements of thisSubpart.

§265.141 [Reserved]

§265.142 Cost estimate for facilityclosure.

(a) On the effective date of theseregulations, each facility owner or

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Federal Register / -Vol. 4 5 No. 98 / Monday, May 19, 1980 / Rifles and Regulations

operator must have a written estimate'ofthe cost of closing the facility inaccordance with the requirements in§,§,265.111-265.115 and applicableclosure requirements in §§265.197, -

265,228, 265.280, 265.310, 265.351, 265.381'and 265.404. The'6wner or operatormUstkeep this estimate, and all subsequent.estimatbs'required in this Section, at thefacility.. The estimate must equal thecost of closure at the point in the -

facility'p operating life when the extentand manner of its operation would makeclosure the most expensive, as indicatedby its closure plan (see § 265.112(a)).[Commont:For example, the closure costestimatd for a particular landfill may befor the cost of closure when its active-disposal operations extend over 20acres, if at all other times theseoperations extend over less than 20acres. The estimate would not includecosts ofpartial closures that the closureplan schedules before or after the timeof maximum closure cost.]

(b) Thle owner or operator mustprepare a new closure cost estimatewhenever a Lhange in the closure.planaffects the cost of closure.

(c) On each anniversary of theeffective date of these regulations, theowner or operator must adjust the latestclosure cost estimate using an inflationfactor ddrived from the annual ImplicitPrice Deflator for Gross NationalProduct as published by the U.S.Department of Commerce in its Surveyof Curreht Business. The inflation factormust be Calculated by dividing the latestpublished annual Deflator by theDeflator for the previous year. The resultis the infation factor. The adjustedclosure cost estimate must equal thelatest closure cost estimate (seeparagraph (b) of this Section) times theinflation factor.[Comment: The.following is a sample,calculation of the adjusted closure costestimate; Assume that the latest closurecost estimate for a facility is $50,000, thelatest published annual Deflator is152.05, and the annual Deflator for theprevious year is 141.70. The Deflatorx "may be rounded to the nearest wholenumber. Dividing 152 by 142 gives theinflation factor, 1.07. Multiply $50,000 by1.07 for a product of,.$53,500--theadjusted closure cost estimate.]


§ 265.144 Cost estimate for post-closuremonitoring and maintenance.

(a) On the effective date of theseregulations, the owner or operator of adisposal facility must have a writtenestimate 9 f the annual cost of post-closure mionitoring and maintenance of,the facility in accordance with the

applicable post-closure regulations in§ §265.117-265.120, 265.228, 265.280, and265.310. The owner or operator mustkeep this estimate, and all.subsequentestimates required in this Sectioni at thefacility., (b) The owner or operatormustprepare anew annual post-closure costestimate whenever a change in the post-closure plan affects the cost of post-closure care (see. § 265.118(b)). Thelatest post-closure cost estimate iscalculated by multiplying the latestannual post-closure cost estimate by 30.

(c) On each anniversary of theeffective date of these regulations,during the operating life of the facility,the owner or operator must adjust thelatest post-closure cost estimate usingthe inflation factor calculated inaccordance with § 265.142(c). Theadjusted post-closure cost estimate mustequal the latest post-closure costestimate (see paragraph (b) of thisSection) time's the inflation factor.

265.145-265.169 [Reserved]

Subpart I-Use-and Management ofContainers

§265.170 Applicability.The regulations in this Subpart apply

to owners and operators of allhazardous waste facilities that storecontainers of hazardous waste, exceptas § 265.1 provides otherwise.

'§ 265.171 Condition of containers.If a container holding hazardous

waste is not in good condition, or if itbegins to leak, the owner or operatormust transfer the hazardous waste fromthis container to a container that is ingood condition, or manage the waste insome other way that complies with therequirements of this Part.

§ 265.172 Compatibility of waste withcontainer.

The owner or operator must use acontainer made of or lined withmaterials which willnot react with, andare otherwise compatible with, thehazardous waste to be stored, so thatthe ability of the container to containthe waste is not impaired.

§ 265.173 Management of containers.(a) A container holding hazardous

waste must always be closed duringstorage, except when it isnecessary toadd or remove waste.

(b) A container holding hazardouswaste must not be opened, handled, orstored in a manner which may rupturethQ container or cause it to leak.[Conimenb'A container that is ahazardous waste listed in § 261.33 ofthis Chapter must be managed in

compliance with the regulations of thisPart. Re-use of containers intransportation is governed by U.S.Departmentof Transportationregulations, including those set forth In49 CFR I7.2.] 1

§ 265.174 Inspections.The owner or operator must inspect

areas where containers are stored, atleast weekly, looking for leaks and fordeterioration caused by corrosion orother factors.[Comment. See § 265.171 for remedialaction required if deterioration or leaksare detected.]


§ 265.176 Special requirements forIgnitable or reactive Waste.

Containers holding ignitable orreactive waste must be located at least15 meters (50 feet) from the facility'sproperty line.[Comment: See § 265.17(a) for additionalrequirements.]

§ 265.177 Special requirements forIncompatible wastes.

(a) Incompatible wastes, orincompatible wastes and materials, (seeAppendix V for examples) must not beplaced in the same container, unless§ 265.17(b) is complied with.

(b) Hazardous waste must not beplaced in an unwashed container thatpreviously held an incompatible wasteor material (see Appendix V forexamples), unless § 265.17(b) Iscomplied with.

(c) A storage container holding ahazardous waste that is incompatiblewith any waste or other materials storednearby in other containers, piles, opentanks, or surface impoundments must beseparated from the other materials orprotected from them by means of a dike,berm, wall, or other device.[Comment. The purpose of this is toprevent fires, explosions, gaseousemissions, leaching, or other dischargeof hazardous waste or hazardous wasteconstitutuents which could result fromthe mixing of incompatible wastes ormaterials if containers break or leak.]

§ 265.178-265.189 [Reserved]

Subpart J-Tanks

§ 265.190 Applicability.The'regulations in this Subpart apply

to owners and operators of facilities thatuse tahks to treat or store hazardouswaste, except as § 265.1 providesotherwise.

I I I I I33244




* 9 265.191 [Reserved]

§ 265.192 General operatingrequirements.

- (a) Treatment or storage of hazardouswaste in tanks must comply with§ 265.17(b).

(b) Hazardous wastes or treatmentreagents must not be placed in a tank ifthey could cause the tank or its innerliner to rupture, leak, corrode, orotherwise fail before the end of itsintended life.

(c) Uncovered tanks must be operatedto ensure at least 60 centimeters (2 feet)of freeboard, unless the tank is equippedwith a containment structure (e.g., dikeor trench), a drainage control system, ora diversion structure (e.g., standby tank)with a capacity that equals or exceedsthe volume of the top 60 centimeters (2feet) of the tank.

(d) Where hazardous waste iscontinuously fed into a tank, the tankmust be equipped with a means to stopthis inflow (e.g., a waste feed cutoffsystem or by-pass system to a stand-bytank).[Comment: These systems are intendedto be used in the event of a leak oroverflow from the tank due to a systemfailure (e.g., a malfunction in thetreatment process, a crack in the tank,etc.).]

§ 265.193 Waste analysis and trial tests.(a) In addition to the waste analysis

required by § 265.13, whenever a tank isto be used to:

(1) Chemically treat or store ahazardous waste which is substantiallydifferent from waste previously treatedor stored in that tank; or

(2) Chemically treat hazardous wastewith a substantially different processthan any previously used in that tank,the owner or operator must, beforetreating or storing the different waste orusing the different process:

(i) Conduct waste analyses and trialtreatment or storage tests (e.g., benchscale or pilot plant scale tests); or

(i) Obtain written, documentedinformation on similar storage ortreatment of similar waste under similaroperating conditions;to show that this proposed treatment orstorage will meet all applicablerequirements of § 265.192(a) and (b).[Comment As required by § 265.13, thewaste analysis plan must includeanalyses needed to comply with§ § 265.198 ind 265.199. As required by§ 265.73, the owner or operator mustplace the results from each wasteanalysis and trial test, or thedocumented information, in theoperating record of the facility.]

§ 265.194 Inspections.

(a) The owner or operator of a tankmust inspect, where presenb

(1) Discharge control equipment (e.g.,waste feed cut-off systems, by-passsystems, and drainage systems), at leastonce each operating day, to ensure thatit is in good working order,

(2) Data gathered from monitoringequipment (e.g., pressure andtemperature gauges), at least once eachoperating day, to ensure that the tank isbeing operated according to its design;

(3) The level of waste in the tank, atleast once each operating day, to ensurecompliance with § 265.192(c);

(4) The construction materials of thetank, at least weekly, to detect corrosionor leaking of fixtures or seams; and

(5) The construction materials of, andthe area immediately surrounding,discharge confinement structures (e.g., "dikes), at least weekly, to detect erosionor obvious signs of leakage (e.g., wetspots or dead vegetation).[Comment- As required by § 205.15(c),the owner or operator must remedy anydeterioration or malfunction he finds.]

§§ 265.195-265.196 [Reserved]

§ 265.197 Closure.

At closure, all hazardous waste andhazardous waste residues must beremoved from tanks, discharge controlequipment, and discharge confinementstructures.[Comment4 At closure, as throughout theoperating period, unless the owner oroperator can demonstrate, inaccordance with § 261.3[c) or (d) of thisChapter, that any solid waste removedfrom his tank is not a hazardous waste,the owner or operator becomes agenerator of hazardous waste and mustmanage it in accordance with allapplicable requirements of Parts 262,263, and 265 of this Chapter.]

§ 265.198 Special requirements forignitable or reactive waste.

(a) Ignitable or reactive waste mustnot be placed in a tank, unless:

(1) The waste is treated, rendered, ormixed before or immediately afterplacement in the tank so that (i) theresulting waste, mixture, or dissolutionof material no longer meets thedefinition of ignitable or reactive wasteunder §§ 261.21 or 61.23 of thisChapter, and (ii) § 265.17(b) is compliedwith; or

(2) The waste is stored or treated insuch a way that it is protected from anymaterial or conditions which may causethe waste to ignite or react: or

(3) The tank is used solely foremergencies.

(b) The owner or operator of a facilitywhich treats or stores ignitable orreactive waste in covered tanks mustcomply with the National Fire ProtectionAssociation's (NFPA's) buffer zonerequirements for tanks, contained inTables 2-1 through 2-6 of the"Flammable and Combustible Code-1977".[Comment- See § 265.17(a) for additionalrequirements.]


(a) Incompatible wastes, orincompatible wastes and materials, (seeAppendix V for examples must not beplaced in the same tank, unless§285.17(b) is complied with.

(b) Hazardous waste must not beplaced in an unwashed tank whichpreviously held an incompatible wasteor material, unless § 265.17(b) iscomplied with.

§J 265.200-265.219 [Reserved]

Subpart K-Surface Impoundments

§ 265.220 AppIcablllty.The regulations in this Subpart apply

to owners and operators of facilities thatuse surface impoundments to treat,store, or dispose of hazardous waste,except as § 265.1 provides otherwise.


§ 265.222 General operatingrequirement.

A surface impoundment mustmaintain enough freeboard to preventany overtopping of the dike byoverfilling, wave action, or a storm.There must be at least 60 centimeters (2feet) of freeboard.[Comment: Any point source dischargefrom a surface impoundment to watersof the United States is subject to therequirements of Section 402 of the CleanWater Act, as amended. Spills may besubject to Section 311 of that Act.]

§ 265.223 Containment system.All earthen dikes must have a

protective cover, such as grass, shale, orrock, to minimize wind andwatererosion and to preserve their structuralintegrity.


§ 265.225 Waste analysts and trial tests.(a) In addition to the waste analyses

required by § 265.13, whenever a surfaceimpoundment is to be used to:

(1) Chemically treat a hazardouswaste which is substantially differentfrom waste previously treated in thatimpoundment; or

33245




(2) Chemically treat hazardous wastewith a substantially different processthan any previously used in thatimpoundment; the owner or operatormust, before treating the different wasteor using the differdnt process:

(i) Conduct waste analyses and trialtreatment tests (e.g., bench scale or pilotplant scale tests); or

(ii) Obtain written, documentedinformation on similar treatment ofsimilar waste under similar operatingconditions; to show that this treatmentwill comply with § 265.17(b).[Comment: As required by § 265.13, thewaste analysis plan must includeanalyses needed to comply with§ § 265.229 and 265.230. As required by§ 265.73, the owner or operator mustplace the results from each wasteanalysis andtrial test, or thedocumented information, in theoperating record of the facility.]

§ 265.226 Inspections.(a) The owner or operator must

inspect;(1) The freeboard level at least once

each operating day to ensurecompliance with § 265.222, and

(2) The surface impoundment,including dikes and vegetationsurrounding the dike, at least once aweek to detect any leaks, deterioration,or failures in the impoundment.[Comment As required by § 265.15(c),the Owner or operator must remedy any,deterioration or malfunction he finds.]


§ 265.228 Closure and post-closure.(a) At closure, the owner or operator

may elect to remove from theimpoundment:

(1) Standing liquids;(2) Waste and waste residues;(3) The liner, if any; and(4) Underlying and surrounding

contaminated soil.(b) If the owner or operator removes

all the impoundment materials inparagraph (a) of this Section, or candemonstrate under § 261.3(c) and (d) ofthis Chapter that none of the materialslisted in paragraph (a) of this Sectionremaining at any stage of removal arehazardous wastes, the impoundment isnot further subject to the requirementsof this Part.[Comment- At closure, as throughout theoperating period, unless the owner oroperator can demonstrate, inaccordance with § 261.3 (c) or (d) offthisChapter, that any solid waste removedfrom the surface impoundment is not ahazardous waste, he becomes agenerator of hazardous waste and mustmanage itin accordance with all

applicable requirements of Parts 262,263, and 265 of this Chapter. The surfaceimpoundment may be subject to Part 257of this Chapter even if it is not subject tothis Part.]

(c) If the owner or operator does notremove all the impoundment materialsin paragraph (a) of this Section, or doesnot make the demonstration inparagraph (b) of this Section, he,mustclose the impoundment and providepost-closure care as for a landfill underSubpart G and § 265.310. If necessary tosupport the final cover specified in theapproved closure plan, the owner oroperator must treat remaining liquids,residues, and soils.by removal of liquids,drying, or other means.[Comment. The closure requirementsunder § 265.310 will vary with theamount and nature of the residueremaining, if any, and the degree ofcontamination of the underlying andsurrounding soil. Section 265.117(d)allows the Regional Administrator tovary post-closure care requirements.]

§ 265.229 Special requirements forignitable or reactive waste.

(a)-Ignitable or reactive waste mustnot be placed in a surface impoundment,unless: ,

(1) The waste is treated, Tendered, ormixed before or immediately afterplacement inthe impoundment so that(i) the resulting waste, mixture, ordissolution of material no longer meetsthe definition of ignitable or reactivewaste under § § 261.21 or 261.23 of thisChapter, and (ii) § 265.17(b) is compliedwith; or

(2) The surface impoundment is usedsolely for emergencies.


Incompatible wastes, or incompatiblewastes and materials, (see Appendix Vfor examples) must not be placed in thesame surface impoundment, unless

"§ 265:17(b) is complied with.

§§ 265.231-265.249 -[Reserved]

Subpart L-Waste Piles


to owners and operators of facilities thattreat or store hazardous waste in piles,except as § 265.1 provides otherwise.Alternatively, a pile of hazardous wastemay be managed as a landfill underSubpartN.

§ 265.251 Protection from wind.The owner or'operator of a pile

containing hazardous waste which couldbe subject to dispersal by wind must

cover or otherwise manage the pile sothat wind dispersal is controlled.,

§ 265.252 Waste analysis.In addition to the waste analyses

required by § 265.13, the owner oroperator must analyze, a representativesample of waste from each Incomingmovement before adding the waste toany existing pile, unless (1) the onlywastes the facility receives which areamenable to piling are compatible witheach other, or (2) the waste received iscompatible with the waste in thepile towhich it is to be added. The analysisconducted must be capable ofdifferentiating between the types ofhazardous waste the owner or operatorplaces in piles, so that mixing ofincompatible waste does notinadvertently occur. The analysis mustinclude a visual comparison of color andtexture.[Comment-As required by § 265.13, thewaste analysis plan.must includeanalyses needed to comply with§ § 265.256 and 205.257. As required by§ 265.73, the owner or operator mustplace the results of this analysis in theoperating record of the facility.]

§ 265.253 ContainmentIf leachate or run-off from a pile is a

hazardous waste, then either:(a) The pile must be placed on an

impermeable base that is compatiblewith the waste under the conditions oftreatment or storage, run-on must bediverted away from the pile, and anyleachate and run-off from the pile mustbe collected and managed as ahazardous waste; or

(b)(1) The pile -must be protected fromprecipitation and run-on by some othermeans; and

(2) No liquids or wastes containingfree liquids may be placed in the pile.[Comment: If collected leachate or run-off is discharged through a point sourceto waters of the.United States, It Issubject to the requirements of Section402 of the Clean Water Act, asamended.]

(c) The date for compliance withparagraphs (a) and (b)(1) of this Sectionis 12 months after the effective date ofthis Part.

§§ 265.254-265.255 [Reserved]

§ 265.256 Special requirements forIgnitable or reactive waste.

(a) Ignitable or reactive wastes mustnot be placed in a pile, unless:

(1) Addition of the waste to anexisting pile (i) results in the waste ormixture no longer meeting the definitionof ignitable or reactive waste under

33246




§ § 261.21 or 261.23 of this Chapter, and(ii) complies with § 265.17(b); or

(2) The waste is managed in such away that it is protected from anymaterial or conditions which may causeit to ignite or react.

§ 265.257 Special requirements forincompatible wastes.

(a) Incompatible wastes, orincompatible wastes and materials, (seeAppendix V for examples) must not beplaced in the same pile, unless§ 265.17(b) is complied with.

(b] A pile of hazardous waste that isincompatible with any waste or othermaterial stored nearby in othercontainers, pies, open tanks, or surfaceimpoundments must be separated fromthe other materials, or protected fromthem by means of a dike, berm, wall, orother device.[Comment- The purpose of this is toprevent fires, explosions, gaseousemissions, leaching, or other dischargeof hazardous waste or hazardous wasteconstituents which could result from thecontact or mixing of incompatiblewastes or materials.]

(c) Hazardous waste must not be piledon the same area where incompatiblewastes or materials were previouslypiled, unless that area has beendecontaminated sufficiently to ensurecompliance with § 265.17(b).

§§ 265.258-265.269 [Reserved]

Subpart M-Land Treatment

§ 265.270 Appllcability.The regulations in this Subpart apply

to owners and operators of hazardouswaste land treatment facilities, exceptas § 265.1 provides otherwise.



(a) Hazardous waste must not beplaced in or on a land treatment facilityunless the waste can be made lesshazardous or non-hazardous bybiological degradation or chemicalreactions occurring in or on the soil.

(b) Run-on must be diverted awayfrom the active portions of a landtreatment facility.

(c) Run-off from active portiohs of aland treatment facility must becollected.[Conument: If the collected run-off is ahazardous waste under Part 261 of thisChapter, it must be managed as ahazardous waste in accordance with allapplicable requirements of Parts 262,263, and 265 of this Chapter. If thecollected run-off Is discharged through apoint source to waters of the United

States, it is subject to the requirementsof Section 402 of the Clean Water Act,as amended.]

(d) The date for compliance withparagraphs (b) and (c) of this Section is12 months after the effective date of thisPart


required by § 265.13, before placing ahazardous waste in or on a landtreatment facility, the owner or operatormust

(a) Determine the concentrations Inthe waste of any substances whichexceed the maximum concentrationscontained in Table I of § 261.24 of thisChapter that cause a waste to exhibitthe EP toxicity characteristic;

(b) For any waste listed In Part 261,Subpart D, of this Chapter, determinethe concentrations of any substanceswhich caused the waste to be listed as ahazardous waste; and

(c) If food chain crops are grown,determine the concentrations in thewaste of each of the followingconstituents: arsenic, cadmium, lead,and mercury, unless the owner oroperator has written, documented datathat show that the constituent is notpresent.[Comment" Part 261 of this Chapterspecifies the substances for which awaste is listed as a hazardous waste. Asrequired by § 265.13, the waste analysisplan must include analyses needed tocomply with § § 265.281 and 285.282. Asrequiredby § 265.73, the owner oroperator must place the results fromeach waste analysis, or the documentedinformation, in the operating record ofthe facility.]

§§ 265.274-265.275 [Reserved]

§ 265.276 Food chain crops.(a) An owner or operator of a

hazardous waste land treatment facilityon which food chain crops are beinggrown, or have been grown and will be

,grown in the future, must notify theRegional Administrator within 60 daysafter the effective date of this Part.[Commrent: The growth of food chaincrops at a facility which has neverbefore been used for this purpose is asignificant change in process under§ 122.23(c)(8) of this Chapter. Owners oroperators of such land treatmentfacilities who propose to grow foodchain crops after the effective date ofthis Part must comply with §122.23(c)(3)of this Chapter.]

(b)(1) Food chain crops must not begrown on the treated area of ahazardous waste land treatment facilityunless the owner or operator can

demonstrate, based on field testing, thatany arsenic, lead, mercury, or otherconstituents identified under§ 285.273(b):

(i] Will not be transferred to the foodportion of the crop by plant uptake ordirect contact, and will not otherwise beingested by food chain animals (e.g., bygrazing; or

(ii) Will not occur in greaterconcentrations in the crops grown on theland treatment facility than in the samecrops grown on untreated soils undersimilar conditions in the same region.

(2) The information necessary to makethe demonstration required byparagraph (b)(1) of this Section must bekept at the facility and must at aminimum:

(1) Be based on tests for the specificwaste and application rates being usedat the facility-. and

(ii) Include descriptions of crop andsoil characteristics, sample selectioncriteria, sample size determination,analytical methods, and statisticalprocedures.

Cc) Food chain crops must not begrown on a land treatment facilityreceiving waste that contains cadmiumunless all requirements of paragraph(c)(1)(i) through (if") of this Section or allrequirements of paragraph (c)(2)(i)through (iv] of this Section are met.

(1] (i) The pH of the waste and soilmixture is 6.5 or greater at the time ofeach waste application, except forwaste containing cadmium atconcentrations of 2 mg/kg (dry weight)or less;

(ii) The annual application ofcadmium from waste does not exceed0.5 kilograms per hectare (kg/ha) onland used for production of tobacco,leafy vegetables, or root crops grown forhuman consumption. For other foodchain crops, the annual cadmiumapplication rate does not exceed:

Armi CdTA~ -V appagrawe

Pll41 1o bune SO. 1964 2.0J1 1.1964 lo Dec 31.1968 1.25Bg, Ji. 1,167 0.5

(iii) The cumulative application ofcadmium from waste does not exceedthe levels in either paragraph(c)(1)(iii)(A) of this Section or paragraph(c)(1)(iii)(B) of this Section.

33247




Maximum cumulativeapplication (kglha)

Soil catione)ichange capacity Background Background

(meq/100g) soil pH soil pHless than 6.5 greater than

6.5

Less than - 5 56-16 5 10Greater than 15......................... 5 20

(1) For soils with a background pH ofless than 6.5, the cumulative cadmiumapplication rate dpes not exceed thelevels below: Provided, that the pH ofthe waste and soig mixture is adjusted toand maintained at 6.5 or greaterwhenever food chain crops are grown.

Soil Cation exchange capacity Maximum cumulative(meq/lO0g) apprication (kgfha)

Less than S. - - 5

Greater than 15--.. ............. . 20

(2)(1) The only food chain cropproduced is animal feed.

(ii) The pH of the waste and soilmixture is 6.5 or greater at the time ofwaste application or at the time the cropis planted, whichever occurs later, andthis pH level is maintained Wheneverfood chain crops are grown.

(iii) There is a facility operating planwhich demonstrates how the animalfeed will be distributed to precludeingestion by humang. The facilityoperating plan describes the measuresto be taken to safeguard againstpossible health hazards from cadmiumentering the food chain, which mayresult from alternative land uses.

(iv) Future property owners arenotified by a stipulation in the landrecord or property deed which statesthat the property has received waste athigh cadmium application rates and thatfood chain crops should not be grown,due to a possible health hazard.[Comm ent. As required by § 265.73, if anowner or operator grows food chaincrops on his land treatment facility, hemust place the information developed inthis Section in the operating record ofthe facility.]


§ 265.278 Unsaturated zone (zone ofaeration) monitoring.

(a) The owner or operator must havein writing, and must implement, anunsaturated zone monitoring plan whichis designed to:

(1) Detect the vertical migration ofhazardous waste and hazardous wasteconstituents under the active portion ofthe land treatment facility, and

(2) Provide information on thebackgrgund concentrations of the

hazardous waste and hazardous wasteconstituents in similar but untreatedsoils nearby; this background monitoringmust be conducted before or inconjunction with the monitoringrequired under paragraph (a)(1) of thisSection.

(b) The unsaturated zone monitoringplan must include, at a minimum:

(1) Soil monitoring using soil cores,and

(2) Sol-pore water monitoring usingdevices such as lysimeters.

(c)-To comply with paragraph (a)(1) ofthis Section, the owner or operator mustdemonstrate in his unsaturated zonemonitoring plan that:

(1) The depth at which soil and soil-pore water samples are to be taken isbelow the depth to which the waste isincorporated into the soil;

(2) The number of soil and soil-porewater samples to be taken is based onthe variability of:

(i) The hazardous waste constituents(as identified in § 265.273(a) and (b)) inthe waste and in. the soil; and

(ii) The soil type(s); and'(3) The frequenicy and timing of soil

and soil-pore water sampling is basedon the frequency, time, and rate ofwaste application, proximity to groundwater, and soil permeability.

(d) The owner or operator must-keepat the facility his unsaturated zonemonitoring plan, and the rationale usedin developing this plan.

(e) The owner or operator mustanalyze the soil and soil-pore watersamples for the hazardous wasteconstituents that were found in thewaste during the waste analysis under§ 265.273 (a) and (b).[Comment. As required by § 265.73, alldita and information developed by theowner or operator under this Sectionmust be placed in the operating recordof the facility.]

§ 265.279 Recordkeeping.The owner or operator of a land

treatment facility must keep records ofthe application dates, application rates,quantities, and location of eachhazardous waste placed in the facility,in the operating record required in§ 265.73.

§ 265.280 Closure and post-closure.(a) In the closure plan under § 265.112

and the post-closure plan under§ 265.118, the owier or operator mustaddress the following objectives andindicate how they will be achieved:

(1) Control of the migration ofhazardous waste and hazardous wasteconstituents from the treated area intothe ground water,

(2) Control of the release ofcontaminated run-off from the facilityinto surface water;

(3) Control of the release of airborneparticulate contaminants caused bywind erosion; and

(4) Compliance with § 265.270concerning the growth of food-chaincrops.

(b) The owner or operator mustconsider at least the following factors Inaddressing the closure and post-closurecare bbjectives of paragraph (a) of thisSection:

(1) Type and amount of hazardouswaste and hazardous waste constituentsapplied to the land treatment facility;

(2) The mobility and the expected rateof migration of the hazardous waste andhazardous waste constituents:

(3) Site location, topography, andsurrounding land use, with respect to thepotential effects of pollutant migration(e.g., proximity to ground water, surfacewater and drinking water sources);

(4) Climate, including amount,frequency, and pH of precipitation;

(5) Geological and soil profiles andsufface and subsurface hydrology of thesite, and soil characteristics, includingcation exchange capacity, total organiccarbon, and PH;

(6) Unsaturated zone monitoringinformation obtained under § 265.278;and

(7) Type, concentration, and depth ofmigration of hazardous wasteconstituents in the soil as compared totheir background concentrations.

(c) The owner or operator mustconsider at least the following methodsin addresmuig the closure and post-closure care objectives of paragraph (a)of this Section:

(1) Removal of contaminated soils;(2) Placement of a final cover,

considering: (i) Functions of the cover(e.g., infiltration control, erosion andrun-off control, and wind erosioncontrol), and (ii) Characteristics of thecover, including material, fimal surfacecontours, thickness, porosity andpermeability, slope, length of run ofslope, and type of vegetation on thecover,

(3) Collection and treatment of run-off;(4) Diversion structures to prevent

surface water run-on from entering thetreated area; and

(5) Monitoring of soil, so1-pore water,and ground water.

(d) In'addition to the requirements of§ 265.117, during the post-closure careperiod, the owner or operator of a landtreatment facility must:

(1) Maintain any unsaturated zonemonitoring system, and collect andanalyze samples from this system in a

33248I




manner and frequency specified in thepost-closure plan;

(2) Restrict access to the facility asappropriate for its post-closure use; and

(3) Assure that growth of food chaincrops complies with § 265.276.


Ignitable or reactive wastes must notbe land treated, unless the waste isimmediately incorporated into the soilso that (1) the resulting waste, mixture,or dissolution of material no longermeets the definition of ignitable orreactive waste under §§ 261.21 or 261.23of this Chapter, and (2) § 265.17(b) iscomplied with.


Incompatible wastes, or incompatiblewastes and materials (see Appendix Vfor examples), must not be placed in thesame land treatment area, unless§ 265.17(b) is complied with.

§1265.283-265.299 [Reserved]

Subpart N-Landfills


to owners and operators of facilities thatdispose of hazardous waste in landfills,except as § 265.1 provides otherwise. Awaste pile used as a disposal facility isa landfill and is governed by thisSubparL



(a) Run-on must be diverted awayfrom the active portions of a landfill.

(b) Run-off from active portions of alandfill must be collected.[Comment. If the collected run-off is ahazardous waste under Part 261 of thisChapter, it must be managed as ahazardous waste in accordance with allapplicable requirements of Parts 262,263, and 265 of this Chapter. If thecollected run-off is discharged through apoint source to waters of the UnitedStates, it is subject to the requirementsof Section 402 of the Clean Water Act.as amended.]

(c) The date for compliance withparagraphs (a) and (b) of this Section is12 months after the effective date of thisPart.

(d) The owner or operator of a landfillcontaining hazardous waste which issubject to dispersal by wind must coveror otherwise manage the landfill so that

'wind dispersal of the hazardous wasteis controlled.

[Comment. As required by § 265.13, thewaste analysis plan must includeanalyses needed to comply with§ § 265.312 and 265.313. As required by§ 265.73, the owner or operator mustplace the results of these analyses in theoperating record of the facility.]

§§ 265.303-265.308 [Reservedl

§ 265.309 Surveying and rtoordk..pIng.The owner or operator of a landfill

must maintain the following items in theoperating record required in J 265.73:

(a) On a map, the exact location anddimensions, including depth, of each cellwith respect to permanently surveyedbenchmarks; and

(b) The contents of each cell and theapproximate location of each hazardouswaste type within each cell.

§ 265.310 Closure and post-closure.(a) The owner or operator must place

a final cover over the landfill, and theclosure plan under § 265.112 mustspecify the function and design of thecover. In the post-closure plan under§ 265.118, the owner or operator mustinclude the post-closure carerequirements of paragraph (d) of thisSection.

(b) In the closure and post-closureplans, the owner or operator mustaddress the following objectives andindicate how they will be achieved:

(1) Control of pollutant migration fromthe facility via ground water, surfacewater, and air;,

(2) Control of surface waterinfiltration, including prevention ofpooling; and

(3] Prevention of erosion.(c) The owner or operator must

consider at least the following factors inaddressing the closure and post-closurecare objectives of paragraph (b) of thisSection:

(1) Type and amount of hazardouswaste and hazardous waste constituentsin the landfilh

(2) The mobility and the expected rateof migration of the hazardous waste andhazardous waste constituents;

(3) Site location, topography, andsurrounding land use, with respect to thepotential effects of pollutant migration(e.g., proximity to ground water, surfacewater, and drinking water sources);

(4) Climate, including amount.frequency, and pH of precipitation;

(5) Characteristics of the coverincluding material, final surfacecontours, thickness, porosity andpermeability, slope, length of run ofslope, and type of vegetation on thecover, and

(6) Geological and soil profiles andsurface and subsurface hydrology of thesite.

(b) In addition to the requirements of§ 265.117, during the post-closure careperiod, the owner or operator of ahazardous waste landfill must:

(1) Maintain the function and integrityof the final cover as specified in theapproved closure plan;

(2) Maintain and monitor the leachatecollection, removal, and treatmentsystem (if there is one present in thelandfill) to prevent excess accumulationof leachate in the system;[Comment: If the collected leachate is ahazardous waste under Part 21 of thisChapter, it must be managed as ahazardous waste in accordance with allapplicable requirements of Parts 262,263, and 265 of this Chapter. if thecollected leachate is discharged througha point source to waters of the UnitedStates, it is subject to the requirementsof Section 402 of the CleanWater Act.as amended.]

(3) Maintain and monitor the gascollection and control system (if there isone present in the landfill) to control thevertical and horizontal escape of gases;

(4) Protect and maintain surveyedbenchmarks; and

[5) Restrict access to the landfill asappropriate for its post-closure use.



Ignitable or reactive waste must notbe placed in a landfill, unless the wasteis treafed. rendered, or mixed before orimmediately after placement in thelandfill so that (1) the resulting waste,mixture, or dissolution of material nolonger meets the definition of ignitableor reactive waste under § 261.21 or281.23 of this Chapter, and (2) § 265.17[bis complied with.


Incompatible wastes, or incompatiblewastes andmaterials, (see Appendix Vfor examples) must not be placed in thesame landfill cell, unless § 265.17(b) iscomplied with.

§ 265.314 Special requirements for llquidwaste.

(a) Bulk or non-containerized liquidwaste or waste containing free liquidsmust not be placed in a landfill, unless:

(1) The landflllhas a liner which ischemically and physically resistant tothe added liquid, and a functioningleachate collection and removal systemwith a capacity sufficient to remove allleachate produced; or

(2) Before disposal, the liquid waste orwaste containing free liquids is treatedor stabilized, chemically or physically(e.g., by mixing with an absorbent solid],

33249




so that free liquids are no longerpresent.

(b) A container holding liquid wasor waste containing free liquids musnot be placed in a landfill, unless:

(1) The container is designed to hcliquids or free liquids for a use otherthan storage, such as a battery orcapacitor; or,

(2) The container is very small, suias an ampule.

(c) The date for compliance with CiSection is 12 months after the effectidate of this Part.

§ 265.315 Special requirements forcontainers.

(a) An empty container must becrushed'flat, shredded, or similarlyreduced in volume before it is buriedbeneath the surface of a landfill.

(b) The date for compliance with fSection is 12 months after the effectidate of this Part.

99 265.316-265.339 [Reserved]

Subpart 0-Incinerators

§265.340 Applicability.The regulations in this Subpart ap]

to owners and operators of facilitiestreat hazardous waste in incineratorexcept as § 265.1 provides otherwise

99 265.341-265.342 [Reserved]


Before adding hazardous waste, thowner or operator must bring hisincinerator to steady state (normal)conditions of operation-includingsteady state operating temperature aair flow-using auxiliary fuel or othEmeans.

§ 265.344 "[Reserved]


required by § 265.13, the owner oroperator must sufficiently analyze aiwaste which he has not previouslyburned in his incinerator to enable hto establish steady state (normal)operating conditions (including wastand auxiliary fuel feed and air flow)to determine the type of pollutantswhich might be emitted. At a minimtthe analysis must determine:

(a) Heating value of the waste;(b) Halogen content and sulfur cor

in the waste; and(c) Concentrations in the waste of

lead and mercury, unless the owneroperator has written, documented dEthat show that the element is notpresent.[Comment. As required by § 265.73, 1owner or operator must place the ref

from each waste analysis, or thedocumented information, in the

te '' operating record of the facility.]

§ 265.346 [Reserved]-ld: § 265.347 Monitoring and Inspections.

(a) The owner or operator mustconduct, as a minimum, thefollowing

-h mono toring and inspections whenincinerating hazardous wastes:

his (1) Existing instruments which relateve to combustion and emission control

must be monitored at least every 15minutes. Appropriate corrections tomaintain steady state combustionconditions must be made immediatelyeither automatically or by the operator.Instruments which relate to combustion

I and emission control would normallyinclude those measuring waste feed,

his auxiliary fuel feed, air flow, incineratorve temperature, scrubber flow, scrubber

pH, and relevant level controls.(2) The stack plume (emissions) must

be observed visually at least hourly fornormal appearance (color and opacity).The operator must immediately makeany indicated operating corrections

ply necessary to. return visible emissions tothat their normal appearance.s, (3) The complete incinerator and

associated equipment (pumps, valves,conveyors, pipes, etc.) must be inspectedat least daily for leaks, spills, and

- fugitive emissions, and all emergencyshutdown controls and system alarms

e must be checked to assure properoperation.

99 265.348-265.350 [Reserved]

nd § 265.351 Closrre.=r . At closure, the owner or operator

must remove all hazardous waste andhazardous waste residues (including but

* not limited to ash, scrubber waters, andscrubber sludges) from the incinerator.[Comment At closure, as throughout theoperating period, unless the owner or

ny operator can demonstrate, inaccordance with § 261.3(c) or (d) of this

dm Chapter, that any solid waste removed-from his incinerator is not a hazardous

e waste, the owner or operator becomes aand generator of hazardous waste and must

manage it in accordance with allan, applicable requirements of Parts 262,

263, and 265 of this Chapter.]

itent §§ 265.352-265.369 [Reserved]

Subpart P-Thermal Treatment

or § 265.370 Applicability.ita The regulations in this Subpart apply

to owners and operators of facilities thatthermally treat hazardous waste in

tle 'devices otherthan incinerators, exceptsuts .as § 265.1 provides otherwise. Thermal

treatment in incinerators Is subject tothe requirements of Subpart 0.

§§ 265.37f-265.372 [Reserved]

§ 265.37$ 'General operatingrequirements.

Before adding hazardous waste, theowner or operator must bring histhermal treatment process to steadystate (normal) conditions of operation-including steady state operatingtemperature-using auxiliary fuel orother means, unless the process is anon-continuous (batch) thermaltreatment process which requires acomplete thermal cycle to treat a'discrete quantity of hazardous waste.



required by § 265.13, the owner oroperator must sufficiently analyze anywaste which he has not previouslytreated in his thermal process to enablehim to establish steady state (normal) orother appropriate (for a non-continuousprocess) operating conditions (includingwaste and auxiliary fuel feed) and todetermine the type of pollutants whichmight be enitted. At a minimum, theanalysis must determine:

(a) Heating value of the waste;(b) Halogen content and sulfur content

in the waste; and(c) Concentrations In the waste of

lead and mercury, unless the owner oroperator has written, documented datathat show that the element Is notpresent.[Comment: As required by § 205,73, theowner or operator must place the resultsfrom each waste analysis, or thedocumented information, in the -operating record of the facility.]


§ 265.377 Monitoring and Inspections.(a) The owner or operator must

conduct, as a minimum, the followingmonitoring and inspections whenthermally treating hazardous waste:

(1] Existing instruments which relateto temperature and emission control (ifan emission control device Is present)must be monitored at least every 15minutes. Appropriate corrections tomaintain steady state or otherappropriate thermal treatmentconditions must be made Immediatelyeither automatically or by the operator.Instrumnts which relate to temperatureand emission control would normallyinclude those measuring waste feed,,auxiliary fuel feed, treatment processtemperature, and relevant process flowand level controls.

33250




(2) The stack plume (emissions),where present, must be observedvisually at least hourly for normalappearance (color and opacity). Theoperator must immediately make anyindicated operating correctionsnecessary to return any visibleemissions to their normal appearance.

(3) The complete thermal treatmentprocess and associated equipment(pumps, valves, conveyors, pipes, etc.)must be inspected at least daily forleaks, spills, and fugitive emissions, andall emergency shutdown controls andsystem alarms must be checked toassure proper operation.

§§ 265.378-265.380 [Reserved]

§ 265.381 Closure.

At closure, the owner or operatormust remove all hazardous waste andhazardous waste residues (including,but not limited to, ash) from the thermaltreatment process or equipment.[Comment- At closure, as throughout theoperating period, unless the owner oroperator can demonstrate, inaccordance with § 261.3(c) or (d) of thisChapter, that any solid waste removedfrom his thermal treatment process orequipment is not a hazardous waste, theowner or operator becomes a generatorof hazardous waste and must manage itin accordance with all applicablerequirements of Parts 262, 263, and 265of this Chapter.]

§ 265.382 Open burning; wasteexplosives.

Open burning of hazardous waste isprohibited except for the open burningand detonation of waste explosives.Waste explosives include waste whichhas the potential to detonate and bulkmilitary propellants which cannot safelybe disposed of through other modes oftreatment. Detonation is an explosion inwhich chemical transformation passesthrough the material faster than thespeed of sound (0.33 kilometers/secondat sea level). Owners or operatorschoosing to open burn or detonate wasteexplosives must do so in accordancewith the following table and in a mannerthat does not threaten human health orthe environment.

Pounds of waste exosives Minimum &-tance from opeor propeats buning or detortion to the

property of otters

OtolOG 2D4 mters (670 fe).101 to 1.000 380 meters (250 fee .1.001 to 10.000O 530 meters (1.730 feet).10.001 to 30,000- 690 meters (2.260 feet).

§§ 265.383-265.399 [Reserved]

Subpart Q-Chemlcal, Physical, andBiological Treatment

§ 265.400 Applicability.

The regulations in this Subpart applyto owners and operators of facilitieswhich treat hazardous wastes bychemical, physical, or biologicalmethods in other than tanks, surfaceimpoundments, and land treatmentfacilities, except as § 265.1 providesotherwise. Chemical, physical, andbiological treatment of hazardous wastein tanks, surface impoundments, andland treatment facilities must beconducted in accordance with SubpartsJ, K, and M, respectively.


(a) Chemical, physical, or biologicaltreatment of hazardous waste mustcomply with § 265.17b).

(b) Hazardous wastes or treatmentreagents must not be placed in thetreatment process or equipment if theycould cause the treatment process orequipment to rupture, leak, corrode, orotherwise fail before the end of itsintended life.

(c) Where hazardous waste iscontinuously fed into a treatmentprocess or equipment, the process orequipment must be equipped with ameans to stop this inflow (e.g., a wastefeed cut-off system or by-pass system toa standby containment device).[Comment. These systems are intendedto be used in the event of a malfunctionin the treatment process or equipment.]

§ 265.402 Waste analysis and trial tests.(a) In addition to the waste analysis

required by § 265.13, whenever.(1) A hazardous waste which is

substantially different from wastepreviously treated in a treatmentprocess or equipment at the facility Is tobe treated in that process or equipment,or

(2) A substantially different processthan any previously used at the facilityis to be used to chemically treathazardous waste;the'owner or operator must, beforetreating the different waste or using thedifferent process or equipment:

(i) Conduct waste analyses and trialtreatment tests (e.g., bench scale or pilotplant scale tests); or

(ii) Obtain written, documentedinformation on similar treatment ofsimilar waste under similar operatingconditions;to show that this proposed treatmentwill meet all applicable requirements of§ 265.401 (a) and (b).

[Comment- As required by § 265.13, thewaste analysis plan must includeanalyses needed to comply with§ §265.405 and 265.406. As required by§ 265.73, the owner or operator mustplace the results from each wasteanalysis and trial test, or thedocumented information, in theoperating record of the facility.]

§ 265.403 Inspections.(a) The owner or operator of a

treatment facility must inspect, wherepresent:

(1) Discharge control and safetyequipment (e.g., waste feed cut-offsystems, by-pass systems, drainagesystems, and pressure relief systems) atleast once each operating day, to ensurethat It is In good working order,

(2) Data gathered from monitoringequipment (e.g., pressure andtemperature gauges), at least once eachoperating day, to ensure that thetreatment process or equipment is beingoperated according to its design;

(3) The construction materials of thetreatment process or equipment, at leastweekly, to detect corrosion or leaking offixtures or seams; and

(4) The constructionmaterials of, andthe area immediately surrounding.discharge confinement structures (e.g.,dikes), at least weekly, to detect erosionor obvious signs of leakage (e.g., wetspots or dead vegetation).[Comment* As required by § 265.15(c),the owner or operator must remedy anydeterioration or malfunction he finds.]

§ 265.404 Closure.At closure, all hazardous waste and

hazardous waste residues must beremoved from treatment processes orequipment, discharge control equipment,and discharge confinement structures.[Comment. At closure, as throughout theoperating period, unless the owner oroperator can demonstrate, inaccordance with § 261.3 (c) or (d) of thisChapter, that any solid waste removedfrom his treatment process or equipmentis not a hazardous waste, the owner oroperator becomes a generator ofhazardous waste and must manage it inaccordance with all applicablerequirements of Parts 262, 263, and 265of this Chapter.]


(a) Ignitable or reactive waste mustnot be placed in a treatment process orequipment unless:

(1) The waste is treated, rendered. ormixed before or immediately afterplacement in the treatment process orequipment so that (i) the resulting waste,mixture, or dissolution of material no

33251



3325Z- Federal Register I VoL 45. Nao 98: / Monday, May 19, 1980 1 Rules and, Regulations

longer-meeta the definition of ignitable.or reactivewaste, under § 261.21 or261.23 or this, Chapter6 and [ii)l§ 265.17(b) ,is complied with: or{2), The,waste is, treated&irr such &way that itis-protected from any material orconditions whiclxmay canse:the wasteto ignite or react..


(a) Incompatible wastes, orIncompatible, wastes andtmaterialsi (see,Appendix V for examples) must not be.placed in the same treatment process' orequipment unless §, 265-17(biscomplied with.

.(b)Hazardauswaste mustnotbe.placed in unwashed treatment .equipment whichpreviouslyheldamincompatible waste' or material, unless,§ 265.17(b) is complied.with.,

§§ 265.407-265.429 [Reserved]

Subpart R-Underground Injection

§ 265.430 Applicability;..Except as- § 265.1 provides otherwise:(a) The owner or operatorof a facility

which disposes of hazardous waste by-underground-injectfon isexcluded fromthe requirements of Subparts G and H ofthis Part

(b) The requirements of this Subpartapply toowners and operators, of wellsused to dispose of'hazardous wastewhich are classified asr Class Funder§ 122.32(a)' of this Chapter and whichare classified'as Class, IV'under§ 122.32(d) of this Chapter.[Comment. In addition. to therequirements of Subparts A through E ofthis Part, the owner or operator of afacility whicb disposes'of hazardouswaste by underground injectionultimately must comply witkLtherequirements of § § 265.431-265.437.These Sections are reserved at this time.The Agency will propose regulationsthat woul establish thoserequirements.]

§ 265.431-265.999 [Reserved]Appendix I-Recordkeeping Instructions

The recordkeeping provisions; of § 265.73;specify that an owner or operator must keepa written operating record at his facility. Thisappendix provides'additional instructions forkeepingport'ons of the operating record.-See§ 265.73(b) for additional recordkeepingrequirements.

The following fnformation.must berecorded; as-irbecomes available, andmaintainbd in the operating recorduntilclosure, ofthe facility in the followingmanner r

Recordkof each hazardous waste received;treatedi,stored; or disposed of at the facility-which include-the following: .

(1) A description.by its common name-andthe EPA Hazardous Waste Number(s) fromPart 261 of this Chapter which. apply ta the.waste. The waste description also mustinclude the waste's physical form, i.e., liquid,sludge, solid, or contained;gas. Iftheiyaste isnot listed.in Part 261, Subpart D, of- thisChapter, the descriptionalsa must include theprocess thatproducedit (f6rexampre, solId,filter cake from production of -- ,EPAHazardous Waste:,NbmberW01J. ,

Each hazardous waste listed ftn Pint 261,Subpart D,. of this, Chapter, and eachhazardous wasfe characteristic. defined, iPart 261, Subpart C' of this, Chapter has. xfour-digit EPA HazardousWaste Numberassigned- toit This number mustbe usedforrecordkeeping and, reporting-purposes. Where

-a hazardous waste contains more thaaone-listed1hazardbuswaste..or where more thanone hazardous waste characteristic applhes tothe waste, the waste. descriptionmust includeall-applicable EPA Hazardous WasteNumbers.

(2) The-estimated ormanifest-reportedweight, or volume and density, where

, applicable, in oneof theunits of measurespecifiedin, Tablel; and'

(3) The method(s);(oy-handling code(sl'asspecified in Table21) and date(s) of treitment,storage;or disposal.

Tabre 1'

Unit of measure Symbof-"ensitr

'Pounds _ _ _ __ PShort tons (2000;IMbsy

- Gallons (U.S.) . P/GCubic yards Y T/yIW1lorams ' IcTonnes (.000,kgi htLiter...L K/LCubic meters' . .... C , M/O

Sh 9te di tr symbols: arai used, here fo data processin9"purposes

Table 2--Handling Codes for Treatment,Storage, amd Disposal Methods

Enter the.handling code(s),listedbelow that most closely represents thetechnique(s) usedat.the facility to treat,store, or dispose of each quantity ofhazardous waste received.

1. Storage-

Sol Container (barrel, drum, etc.)S02 TankS03 Waste pileS04' Surface. impoundment.S05 Other (specifyJ

2. Treatment

(a) Thermal TreatmentT06 Liquid injfction incineratorTOT Rotary kiln incineratorTo: Fluidized-bed incineratorT09 Multiple hearth incineratorT10 Infrared furnace incineratorT11 Molten salt destructorT12 Pyrolysis -T13 Wet air oxidationT:14 Calcination.T15, Microwave- dischargeT16 Cement.kiln

T17 Lime kilnT18 Other (specify)(b) Chemical TreatmentT19 Absorptionmound,.T20 Absorption field.T21, Chemical fixation:

- T22 Chemical oxidaticonT23 Chemical.precipitationT24 Chemical reduction.T25 Chlorination-T26 ChlorinolysisiT2T Cyanide destructionT28 Degradation.T29 Detoxificatfon,T30 Ion, exchangeT31 NeutralizationT32 OzonationT33 PhotolysisT34 Other (specify)(c) Physical Treatment:(1) Separation of componentsT35 CentrifugationT36 ClarificationT37 Coagulation;T38 DecantingT39 EncapsulationT40 FiltrationT41 FlocculationT42 FlotationT43 FoamingT44 Sedimentation.T45 ThickeningT46 Ultrafiltration.T47 Other (specify)(2)'Removal of Specific ComponentsT48 Absorption-molecular sieveT49 Activated carbon'T50 BlendingT51 CatalysisT52 CrystallizationT53 Dialysis-T54 DistillationT56 ElectrodfalysisT56 ElectrolysisT57 EvaporationT58 High gradient magnetic

,separationT59 LeachingT60 LiquidionxchangeT61 Liquid-liquidextractionrT62 Reverse osmosisT63 ,Solvent recoveryT64 Stripping,T65 Sand filterT66 Other (specify(d) Biological TreatmentT67 Activated sludgeT68 Aerobic lagoonT69 Aerobic tankT70 Anaerobic lagoonT71 CompostingT72 Septic tankT73 . Spray irrigationT74 Thickening filterT75 Tricking filterT76 Waste stabilization pondT77 Other (specify)T78-79 [Reserved]



Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations 33253

3. DisposalD80 Underground injectionD81 LandfillD82 Land treatmentD83 Ocean disposalD84 Surface impoundment (to be

closed as a landfill)D85 Other (specify)

APPENDIX II-EPA REPORT FORM ANDINSTRUCTIONSBILLING CODE 6560-01-M



Federal Register / Vol. 45,, No. 98, / Monday, May 19,. 1980 / Rules and Regulations,

Please print or type with ELITE type (12 characters per inch.GSA No. 12345.XXForm Approved OMB No. I5.ROOXX

E P=A U.S. ENVIRONMENTAL PROTECTION AGENCY 1. TYPE OF HAZARDOUS WASTE REPORT

1HAZARDOUS WASTE REPORT PART A: GENERATOR ANNUAL REPORT

- - THIS REPORT IS FOR THE YEAR ENDING DEC.31, 1 [91

PART B: FACILITY ANNUAL REPORT

PLEASE PLACE LABEL IN THIS SPACE THIS REPORT FOR YEAR ENDING DEC. 31.1

PART C: UNMANIFESTED WASTE REPORT

THIS REPORT IS FOR A WASTEC I 1_fl_1191RECEIVED (day, mao., & yr.) - -I

INSTRUCTIONS: You may have received a preprinted label attached to the front of this pamphlet; affix it in the designated space above-left. If any of theInformation on the label is incorrect, draw a line through it and supply the correct information in the appropriate section below. If the label Is complete andcorrect, leave Sections It- III, and IV below blank. If you did not receive a preprinted label, complete all sections. "Installation" means a single site wherehazardous waste is generated, treated, stored, or disposed of. Please refer to the specific instructions for generators or facilities before completing this form.

e information requested herein is required by law (Section 3002t3004 of the Resource Conservation and Recovery Act).

11. INSTALLATION'S EPA 1.D. NUMBER

1I1. NAME OF INSTALLATION

IV. INSTALLATION MAILING ADDRESS

STREET OR P.O. BOX.

f3

CITY OR TOWN ST. ZIP CODE

4I t "I"r s

V. LOCATION OF INSTALLATION

STREET OR ROUTE NUMBER

5

CITY OR TOWN ST. ZIP CODE

6

VI. INSTALLATION CONTACINAME (last and fihst) .PHONE No. (area code & no.)

Vil. TRANSPORTATION SERVICES USED (for Part A reports only)List the EPA Identification Numbers for those transporters whose services were used during the reporting year represented by this report.

ViII. COST ESTIMATES FOR FACILITIES (for Part B report. only) N

A.__ COST__ ESTIMATE___FOR__FACILITY ___CLOSURE ___ . COST ESTIMATE FOR POST CLOSURE MONITORING ANDA. CST STIMTE OR FCILTY COSUE jMAINTENANCE (disposal facilties only)

IX. CERTIFICATIONLI certify under penalty of law that I have personally examined and am familiar with the inforrhation submitted in this and all attached.documents, and thatbased on my Inquiry of those individuals immediately reponsible for obtaining the information, I believe that the submitted information Is true, acurate,and complete. Iam aware that there are significant penalties for submitting false information, including the possibility of fine andI imprisonment

A. PRINT OR TYPE NAME - 0. SIGNATURE

EPA Form 8700-13 (4-801

C, DATE SIGNED

PAGE O.L....OF

33251.




Please print or type with ELITE type (12characterri~nch).

~AMmJot I. DATE REcCcIvrM

use ONLYatm Z&3XVIIL GENERATOR'S EPA I.D. NO.

XIX GENERATOR NAmE= (sp eify)

U.. ENVIRONME;NTAL..I

FACILITY REPORT-lCafleekdtu,,der the .uthrity of

XVI. TYPE OF REPORT(eiter a -X"_

GSA No. 1234SXXForm AvprovdOMftfBo. 1&ROOXX

AGENCY

;B&C4 of RCRA

XVIL FACILITY'S EPA LO. NO*7

O PART 8

I

0lPARTC

XX. GENERATOR ADDRESS (aireet o box, city. "se. & zip codQ)

XXI. WASTE IDENTIFICATIO

IL rA C.HAZARDOUS N 0. AMOUNT

A. DESCRIPTION OF WASTE 0KTTOrWASTe OSc-2 ~NUM111c" e

(Pc e uutuas c 't_

3 .. . . . .•

4

5

6

7

8

9

10. . .

12 r

XXII. COMMENTS (enter information by line number- s Wfruinas)

PA Parm 870-1313 (54UJBILLIN CODE 6560-01-C

PAGE - OF.

33255

• I T

r , I

I

a




GENERAL INSTRUCTIONS; HAZARDOUSWASTE REPORT (EPA FORM 8700-13)

Important- Read all instructions beforecompleting this form.

Section I-Type of Hazardous Waste Report

Part A: Generator Annual ReportFor generators who ship their waste off-sit,

to facilities which they do not own oroperate; fill in the reporting year. for thisreport (e.g., 1982].

Note.-Generators who ship hazardouswaste off-site to a facility which they own oroperate must complete the facility (Part B)report instead of the Part A report..

Part B: Facility Annual ReportFor owners or operators of on-site or off-

site facilities that treat, store, or dispose ofhazardous waste; fill in the reporting year foithis report (e.g., 1982).

Part C: Unmanifested Waste ReportFor facility owners or operators who

accept for treatment, storage, or disposal anhazardous waste from an off-site sourcewithout an accompanying manifest; fill in thedate the waste was received at the facility(e.g., April 12, 1982).

Section H Through Section IV-InstallationI.D. Number, Name of Installation, andInstallation Mailing Address

If you received a preprinted label fromEPA, attach it in the space provided andleave Sections H through IV blank. If there isan error or omission on the label, cross outthe incorrect information and fill in theappropriate item(s). If you did not receive apreprinted label, complete Section 11 throughSection IV.

Section V-Location of InstallationIf your installation location address Is

different than the mailing address, enter thelocation address of your installation.

Section VI-Installation ContactEnter the name Oast and first) and

telephone number of the person whom maybe contacted regarding information contalneiin this report.

Section VII-Transportation Services Used(for Part A Reports Only)

List the EPA Identification Number foreach transporter whose services you usedduring the reporting year.

Section VIII-Cost Estimates for Facilities(for Part B Reports Only)

.A. Enter the most recent cost estimate forfacility closure in dollars. See Subpart H of 4CFR parts 264 or 265 for more detail. -,

B. For disposal facilities only, enter themost recent cost estimate for post closuremonitoring and maintenance. See Subpart Hof 40 CFR Parts 264 or 265 for more detail.

Section IX--CertificationThe generarator or his authorized

representative (Part A reports) or the owneror operator of the facility or his authorized-representative (Parts B and C reports) mustsign and date the certification whereindicated. The printed or typed name of the

person signing the report must also beincluded where indicated.

Note.-Since more than one page isrequired for each report, enter the pagenumber of each sheet in the lower rightcorner as well as the total number of pages.

Facility Annual Report-Part B Instrucilonse (EPA Form 8700-13B)-

Facility Annual Report for owners or.operators of on-site or off-site facilities thattreat, store, or dispose of hazardous waste.

Note.-Generators who ship hazardouswaste off-site to a facility they own oroperate must complete this Part Breportinstead of the Generator (Part A) AnnualReport.

Important: Read all instructions beforecompleting this form.

Section XVI-Type of ReportPut an "X" in the box marked Part B.

Section XVI-Facility's EPA IdenlificationNumber

Enter the EPA Identification number foryour facility.

Example: XVIL FACILIYS EPA LD. NO.

GENRATOR'S EPA IDENTIFICATIONNUMBER -

Section XVMI--Generator's EPAIdentification7Number

Enter the EPA identification number of-thegenerator of the waste described underSection XXI whicli was received by yourfacility during the reporting year. A separatesheet must be used for each generator. If.thewaste came from a foreign generator, enter

the EPA identification number of the importerin this section and enter the name andaddress of the foreign generator In SectionXXII, Comments. If the waste was generatedand treated, stored, or disposed of at thesame installation, leave this section blank.

Section XiX-Generator's NameEnter the name of the generator

corresponding to the generator's EPAidentification number In Seciton XVIII,

If the waste was generated and treated,stored, or disposed of at the sameinstallation, enter "ON-SITE".

If the waste came froin a foreign generator,enter the name of the Importer correspondingto the EPA identification number in SectionXVIII.

Section XX-Generator's AddressEnter the address of the generator

corresponding to the generator's EPAidentification number in Section XVIII. If thewaste was generated and treated, stored, ordisposed of at the same installation, leavethis section blank. If the waste came from aforeign generator, enter the address of theImporter corresponding to the EPAidentification number in Section XVIII.

Section XXI-Waste IdentificationAll information In this section must be

entered by line number. A separate line entryis required for each different waste ormixture of wastes that your facility recelvedduring the reporting year. The handling codoapplicable to that waste at the end of thereporting year should be reported. If adifferent handling code applies to portions ofthe same waste, (e.g., part of the waste isstored while the remainder was "chemicallyfixed" during-the year), use a separate lineentry for each portion.

Example:

XXI. WASTE IDENTIFICATION -A. OERIFON OWAT NAZANOOU I 0, AMOUNT

w ST TO OP WAST get. M....M I*

__ "0 l 712 1 1 51 Steel Finishing Sludge .1.T1fH i i114

Section XXI-A-Description of Waste

For hazardous waite' that are listed under40 CFR Part 261, Subpart D, enter the EPAlisted name, abbreviated if necessary. Where

O mixtures of listed wastes were received,enter the description which you believe bestdescribes the waste.:

For unlisted hazardous waste identifiedunder 40 CFR Part 261, Subpart C, enter thedescription which you believe best describesthe waste. Include the specific manufacturingor other process generating the waste (e.g.,green sludge from widget manufacturing) and

if known, the chemical or generic chemicalname of the waste.

Section XXI-B-EPA Hazardous WasteNumber

For listed waste, enter the four digit EPAHazardous Waste Number from 40 CFR Part261, Subpart D, which Identifies the waste.

For a mixture of more than one listedwaste, enter each of the applicable EPAHazardous Waste Numbers.

Four spaces are provided. If more space isneeded, continue on the next line(s) andleave all other information on that line blank,

33256




Example:

XIAST *D ~ F CAT I PTC OWAT fN SA~l

W ,F WAST. WAoTSte 2.12n Snq"U.8o. ][WAIJC [

6~ 0i Xc 0steU~I IIIIIIIIe 21 1111.1745 5, 2,1745 .4

K, 0 : 6I III4I I.For unlisted hazardous wastes, enter the

EPA Hazardous Waste Numbers from 40 CFRPart 261, Subpart C. applicable to the waste.If more than four spaces are required, followthe procedure described above.

Section XXI-C-Handling CodeEnter one EPA handling code for each

waste line entry. Where several handlingsteps have occurred during the year, reportonly the handling code representing thewaste's status at the end of the reporting yearor its final disposition. EPA handling codesare given in Appendix I of this Part.

Section XXI-D--Amount of WasteEnter the total amount of waste described

on this line which you received during thisreporting year.

Section XXI-E-Unit of MeasureEnter the unit of measure code for the

quantity of waste described on this line.Units of measure which must be used in thisreport and the appropriate codes are:

Unts of messe CodePt P

Short tons (2,OoO 9)s) TKiograms KTo-es (1,000"kg) M

Units of volume may not be used forreporting but must be converted into one ofthe above units of weight taking into accountthe appropriate density or specify gravity ofthe waste.

Section XXII-CommentsThis space may be used to explain or

clarify any entry. If used, enter a cross-reference to the appropriate Section number.

Note.-Since more than one page isrequired for each report, enter the pagenumber of each sheet in the lower right handcomer as well as the total number of pages.

Where required by 40 CFR 264 or 265,Subparts F or R, attach ground-watermonitoring data to this report.

Unmanifested Waste Report-Part CInstructions (EPA Form 8700-13B)

Unmanifested Waste Report for facilityowners or operators who accept fortreatment storage, or disposal any hazardouswaste from an off-site source without anaccompanying manifest.

Important: Read all instructions beforecompleting this form.

For the Unmanifested Waste Report, EPAForms 8700-13 and 870(r--13B must be filledout according to the directions for the Part BFacilityAnnual Report except that: (1) blocksfor which information is not available to theowner or operator of the reporting facilitymay be marked "UNKNOWN," and (2) thefollowing special instructions apply:

Section VIII-Cost Estimates for Facilities

Do not enter closure or post-closure costestimates.

Section XVI-Type of Report

Put an "T' in the box marked Part C.

Section XXI-A-Descriptlion of Waste

Use as many line numbers as are needed todescribe the waste.

Section XMX-C-Handing Code

Enter the handling code which describesthe status of the waste on the date the reportis filed.

Section XXI-D-Amount of Waste

Enter the amount of waste received, ratherthan a total annual aggregate.

Section XXII-Commentsa. Enter the EPA Identification number,

name, and address of the transporter, ifknown. If the transporter Is not known to you.enter the name and chauffeur license numberof the driver and the State and licensenumber of the transporting vehicle whichpresented the waste to your facility. ifknown.

b. Enter an explanation of how the wastemovement was presented to your facility,why you believe the waste is hazardous; andhow your facility plans to manage the waste.Continue on a separate blank sheet of paperif additional space is needed.

Monitoring dataDo not attach monitoring data.

Appendix ItI.-EPA 1trknpn yddivi vwlaerstanar'ds

Paramer maxmjm sevl (nl)

Arsork______ 005Bariwn 1,0

cadrniwn 005

F1uodde I4-2.4Lead 005Mercury 0002Ndrato (as N 10Selenium 001Siver 005Endin 00002Lklde 0004meuboyct1o 0.1Toxaphen. 010052,4-0 0.1Z4.S-TP SIYr 0.01Radium. 5 peiGrossAlpha 15 PaVlGross BetW 4 si*mnlyrCoa l y l1'UColiform B~laL. 11100 rN

Appendix IV-Tests for SignificanceAs required in I 285.93(b) the owner or

operator must use the Student's t-test todetermine statistically significant changes inthe concentration or value of an indicatorparameter in periodic ground-water sampleswhen compared to the initial backgroundconcentration or value of that indicatorparameter. The comparison must considerindividually each of the wells in themonitoring system. For three of the indicatorparameters (specific conductance, totalorganic carbon, and total organic halogen] asingle-tailed Student's t-test must be used totest at the 0.01 level of significance forsignificant increases over background. Thedifference test for pH must be a two-tailedStudent's t-test at the overall 0.01 level ofsignificance.

The student's t-test involves calculation ofthe value of a t-statistic for each comparisonof the mean (average) concentration or value(based on a minimum of four replicatemeasurements) of an indicator parameterwith Its initial background concentration orvalue. The calculated value of the t-statisticmust then be compared to the value of the t-statistic found in a table for t-test ofsignificance at the specified level ofsignificance. A calculated value oft whichexceeds the value oft found in the tableindicates a statistically significant change inthe concentration or value of the indicatorparameter.

Formulae for calculation of the t-statisticand tables for -est of significance can befound in most introductory statistics texts.

Appendix V-Examples of PotentiallyIncompatible Waste

Many hazardous wastes, when mixed withother waste or materials at a hazardouswaste facility, can produce effects which areharmful to human health and theenvironment, such as (1) heat or pressure, (2)fire or explosion. (3] violent reaction, (4) toxicdusts, mists, fumes, or gases, or (5) flammablefumes or gases.

Below are examples of potentiallyincompatible wastes, waste components, andmaterials, along with the harmfulconsequences which result from mixingmaterials in one group with materials inanother group. The list is intended as a guideto owners or operators of treatment, storage,and disposal facilities, and to enforcementand permit granting officials, to indicate theneed for special precautions when managingthese potentially incompatible wastematerials or components.

This list is not intended to be exhaustive.An owner or operator must, as theregulations require, adequately analyze hiswastes so that he can avoid creatinguncontrolled substances or reactions of thetype listed below, whether they are listedbelow or not.

It is possible for potentially incompatiblewastes to be mixed in a way that precludes areaction (e.g.. adding acid to water ratherthan water to acid) or that neutralizes them(e.g., a strong acid mixed with a strong base),or that controls substances produced (e.g. bygenerating flammable gases in a closed tank

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equipped so that ignition cannot occur, andburning the gases in an incinerator).

In the lists below, the mixing of a Group Amaterial with a Group B material may havethe potential consequence as noted.

Group 1-AAcetylene sludgeAkaline caustic liquidsAlkaline cleanerAlkaline corrosive liquidsAlkaline corrosivp battery fluidCaustic wastewaterUme sludge and other corrosive

alkaliesUme wastewaterLime and waterSpent caustic

California Department of Health, February1975.[ FR Dec. 80-14309 Filed 5-18-0. &45 amiBILLING CODE 6560-01-M

Group 1-8-Acid sludgeAcid and waterBattery acidChemical cleanersElectrolyte, acidEtching acid liquid or

solventPickling liquor and othe"

corrosive acidsSpent acidSpent fnixed acidSpent sulfuric acid

Potential consequences: Heat generation;violent reaction.

I Group 2-AAluminumBerylliumCalciumlithiumMagnesiumPotassiumSodiumZinc powderOther reactive metals and metal

hydrides

Group 2-BAny waste in Group I-A

or 1-B

Potential consequences: Fire or explosion;generation of flammable hydrogen gas.

Group 3-A Group 3-BAlcohols Any concentrated wasteWater in Groups 1-A or 1-B

CalciumUthiumMetal hydridesPotassiumSO.Cl. SOC. PCa3 ,

Other water.reactivewaste

Potential consequences: Fire, explosion, orheat generation; generation of.flammable ortoxic gases.

Group 4-AAlcohdtsAldehydesHalogenated hydrocarbonsNitrated hydrocarbonsUnsaturated hydrocarbonsOther reactive organic compounds

and solvents "

Group 4-BConcentrated Group 1-A.

or 1-B wastesGroup 2-A wastes

Potential consequences: Fire, explosion, orviolent reaction.

Group 5-ASpent cyanide and sulfide. solutions

Group 5-BGroup 1-8 wastes

Potential consequences: Generation oftoxic hydrogen cyanide or hydrogen sulfide

Group -AChloratesChlorineChloritesChromic acid -

HyphochlodtesNitratesNitric acid, fumingPorchloratesPermanganatesPeroxidesOther strong oxidizers

Group 6-BAcetic acid and other

organic acidsConcentrated mineral

acidesGroup 2-A wastesGroup 4-A wastesOther flammable and

combustble wastes

Potential consequences: Fire, explosion, orviolent reaction.

Source: "Law, Regulations, and Guidelinesfor Handling of Hazardous Waste."

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