Part 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL Subpart A - General Sec.

1. 260.1 Purpose, scope
   1. applicability, and effective date.
   2. 260.2 Incorporation by
      1. Reference.
   3. 260.3 Use of number and
      1. gender.

      Subpart B - Definitions

   4. 260.10 Definitions.
   5. 260.11 References.
   6. 260.12 Sampling and Analytical
      1. Methods.

      Subpart C - Rulemaking Petitions

   7. 260.20 General.
   8. 260.21 Petitions for equivalent
      1. testing or analytical methods.
   9. 260.22 Petitions to amend Part
      1. 261 to exclude a waste produced at a particular facility.
   10. 260.23 Petitions to amend Part
       1. 273 to include additional hazardous wastes.
   11. 260.30 Variances from
       1. classification as a solid waste.
   12. 260.31 Standards and criteria for
       1. variances from classification as a solid waste.
   13. 260.32 Variance to be classified
       1. as a boiler.
   14. 260.33 Procedures for variances
       1. from classification as a solid waste or to be classified as a boiler.
   15. 260.40 Additional regulation of
       1. certain hazardous waste recycling activities on a case-by-case basis.
   16. 260.41 Procedures for case-by-
       1. case regulation of hazardous waste recycling activities.

Subpart A - General § 260.1 Purpose, scope, applicability.

(a) This part provides definitions of terms, general standards, and overview information applicable to Parts 260 through 268 and Parts 99,100 and Part 2.

(b) In this part:

1. (1) Section 260.2 sets forth the rules that the Department will use in making information it receives available to the public and sets forth the requirements that generators, transporters, or owners or operators of treatment, storage, or disposal facilities must follow to assert claims of business confidentiality with respect to information that is submitted to the Department under Parts 260 through 268 and Parts 99,100 and Part 2.
   1. (2) Section 260.3 establishes rules of grammatical construction for Parts 260 through 268 and Parts 99,100 and Part 2.
      1. (3) Section 260.10 defines terms which are used in Parts 260 through 268 and Parts 99, 100 and Part 2 of these regulations.
         1. (4) Section 260.20 establishes procedures for petitioning the Commission to amend, modify, or revoke any provision of Parts 260 through 268 and Parts 99, 100 and Part 2, establishes procedures governing the Commission's action on such petitions.
         2. (5) Section 260.21 establishes procedures for petitioning the Commission to approve testing methods as equivalent to those prescribed in Parts 261, 264, or 265.
         3. (6) Section 260.22 establishes procedures for petitioning the Department to amend Subpart D of Part 261 to exclude a waste from a particular facility.

(c) An attached statement of basis and purpose for these regulations has been adopted by the Board of Health and is hereby incorporated by reference in these regulations pursuant to C.R.S. 1973, 24- 4-103, including for the amendments adopted in April 1984.

(d) These regulations, Parts 260 through 268, 99, 100, and Part 2 shall become effective on the date upon which the Department receives interim or final authorization under Section 3006 of the Resource Conservation and Recovery Act, or enters a cooperative agreement with the U. S. Environmental Protection Agency, to implement the amendments herein based on the Hazardous and Solid Waste Amendments of 1984.

§ 260.2 Incorporation by Reference.

(a) References to material incorporated by reference in these regulations refer to 1993 editions unless otherwise expressly noted, and do not include any later amendments or editions.

(b) Information concerning all materials or regulations incorporated by reference in 6 CCR 1007-3 may be obtained by contacting:

1. Regulatory and Program Authorization CoordinatorColorado Department of Public Health and EnvironmentHazardous Materials & Waste Management Division4300 Cherry Creek Drive SouthDenver, CO 80222-1530

(c) Materials or regulations incorporated by reference in these regulations are available for examination at the state publications depository libraries.

§ 260.3 Use of number and gender.

As used in Parts 260 through 268:

(a) Words in the masculine gender also include the feminine and neuter genders; and (b) Words in the singular include the plural; and (c) Words in the plural include the singular.

Subpart B Definitions § 260.10 Definitions When used in Parts 260 through 273, and Parts 99 and 100 of these regulations, the following terms have the meanings given below:

1. “Aboveground tank” means a device meeting the definition of “tank” in § 260.10 and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.
   1. “Act” or “RCRA” means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq. “Active life” of a facility means the period from the initial receipt of hazardous waste at the facility until the Department receives certification of final closure. “Active portion” means that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after November 19, 1980 and which is not a closed portion. (See also “closed portion” and “inactive portion”.)
      1. “Administrator” means the Administrator of the Environmental Protection Agency, or his/her designee.
         1. “Aerosol can” means a container in which gas under pressure is used to aerate and dispense any material through a valve in the form of a spray or foam. “Ancillary equipment” means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site.

            “Aquifer” means a geologic formation, group of formations or part of a formation capable of yielding a significant amount of ground water to wells or springs. “Authorized representative” means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

            “Battery” means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed. “Board” means the State Board of Health created by Section 25-1-103. “Boiler” means an enclosed device using controlled flame combustion and having the following characteristics (Effective January 1, 1986):

            (1)

         2. (i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and (ii) The unit's combustion chamber and primary energy recovery section(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and (iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and (iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or (2) The unit is one which the Department has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

            “Carbon regeneration unit” means any enclosed thermal treatment device used to regenerate spent activated carbon.

            “CDH” means the Colorado Department of Health created by Section 25-1-102. “CDPHE” means the Colorado Department of Public Health and Environment created by Section 25-1-102.

            “Certification” means a statement of professional opinion based upon knowledge and belief. “Chemical weapon” means agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that such term does not include riot control agents, chemical herbicides, smoke and other obscuration materials. “Closed portion” means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements. (See also “active portion” and “inactive portion”.)

            “Commercial use or value” means a material has commercial use or value when (1) it is being beneficially used or reused or legitimately recycled or reclaimed; or (2) it is being accumulated, stored, or physically, chemically, or biologically treated prior to beneficial use or reuse or legitimate recycling or reclamation, and not merely for speculation. “Commission” means the Hazardous Waste Commission created pursuant to section 25-15- 302, C.R.S.

            “Committee” means the committee on Hazardous Waste Regulation created in SB 519, Colo. Sess. Laws Ch. 327, and replaced by the Hazardous Waste Commission created pursuant to section 25-15-302, C.R.S.

            “Component rdquo; means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple.)

            “Conditionally Exempt Small Quantity Generator (CESQG)” means a generator who meets the conditions specified in § 261.5 of these regulations. “Confined aquifer” means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself: an aquifer containing confined ground water.

            “Container” means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

            “Containment building” means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of Subpart DD of Parts 264 or 265 of these regulations.

            “Contingency plan” means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment “Corrective action management unit (CAMU)” means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility. “Corrosion expert” means a person who, by reason of his knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks. “Department” means the Colorado Department of Public Health and Environment as created by Section 25-1-102.

            “Designated facility” means a hazardous waste treatment, storage, or disposal facility which (1) has received a permit (or interim status) in accordance with the requirements of Parts 99 and 100 of these regulations, (2) has received a permit (or interim status) from a State authorized in accordance with Part 271 of 40 CFR, or (3) is regulated under § 261.6 (c)(2) or Subpart F of Part 267 and (4) that has been designated on the manifest by the generator pursuant to §262.20. If a waste is destined to a facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving State to accept such waste.

            “Destination facility” means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in paragraphs (a) and (c) of §§ 273.13 and 273.33 of these regulations. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

            “Dike” means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials. “Dioxins and furans (D/F)” means terra, penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and furans.

            “Director” means the Executive Director of the Colorado Department of Public Health and Environment, or his/her designee, or the Department where appropriate. “Discharge” or “hazardous waste discharge” means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.

            “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. “Disposal facility”*means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. For the purposes of the application of the land disposal restrictions found in Part 268 and for the purposes of the application of the minimum technology requirements of 40 CFR § 268.5(h)(2), or of the minimum technology requirements of Subparts K, L, M, or N, or the groundwater protection requirements of Subpart F or the closure and post-closure requirements of Subpart G of Part 264 or 265 of these regulations, the term “disposal facility” does not include a corrective action management unit into which remediation wastes are placed. *Please note that for State siting purposes applicable to Part II, Title 25, Article 15 C.R.S.,“Disposal site” means all contiguous land and, including publicly-owned land, used for hazardous waste disposal under common ownership. “Domestic waste water” means untreated sanitary wastes that pass through a sewer system. “Drip pad” is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

            “Elementary Neutralization unit” means a device which:

         3. (1) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in § 261.22, or are listed in Subpart D of Part 261 of these regulations only for this reason; and (2) Meets the definition of tank, tank system, container, transport vehicle, or vessel in §
         4. 260.10 of these regulations.

            “Electronic component” means components, subassemblies or other parts derived from the disassembly of electronic devices. While many waste electronic devices do not fail the toxicity test for heavy metals if left intact, individual components generated by disassembly may fail the toxicity test.

            “Electronic device” means electronic equipment that contains one or more electronic circuit boards or other complex circuitry, including but not limited to computer monitors, televisions, central processing units (CPUs), laptops, printers, terminals, mainframes and stereo equipment. “EPA hazardous waste number” means the number assigned by EPA to each hazardous waste listed in Part 261, Subpart D, of these regulations and to each characteristic identified in Part 261, Subpart C, of these regulations.

            “EPA identification number” means the number assigned by EPA to each generator, transporter, and treatment, storage, or disposal facility. “Equivalent method” means any testing or analytical method approved by the Administrator under § 260.20 and § 260.21.

            “Existing hazardous waste management (HWM) facility ”** or “existing facility” means a facility which was in operation or for which construction commenced on 01 before November 19, 1980. A facility has commenced construction if:

         5. (1) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either (2)
         6. (i) A continuous on-site physical construction program has begun; or (ii) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss -- for physical construction of the facility to be completed within a reasonable time. **Please note that for State siting purposes applicable to Part II, Title 25, Article 15 C.R.S., “Existing hazardous waste disposal site” means a hazardous waste disposal site which is in active operation prior to July 1,1981. “Existing portion” means that land surface area of an existing waste management unit, included in the original Part A permit application, on which wastes have been placed prior to the issuance of a permit.

            “Existing tank system” or “existing component” means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to July 14,1986. Installation will be considered to have commenced if the owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either (1) a continuous on-site physical construction or installation program has begun, or (2) the owner or operator has entered into contractual obligations - which cannot be canceled or modified without substantial loss - for physical construction of the site or installation of the tank system to be completed within a reasonable time. “Explosives or munitions emergency response specialist” means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), DOD technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

            “Facility” means:

         7. (1) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them).
         8. (2) For the purpose of implementing corrective action under §§ 264.101,265.5, or section 25-15-308, C.R.S., all contiguous property under the control of the owner or operator.
         9. (3) Notwithstanding paragraph (2) of this definition, a remediation waste management site is not a facility that is subject to § 264.101 of these regulations, but is subject to corrective action requirements if the site is located within such a facility. “Facility mailing list” means the mailing list for a facility maintained by the Department in accordance with § 100.506 (c)(l)(iv).

“Federal Act” means the federal “Solid Waste Disposal Act”,as amended by the federal “Resource Conservation and Recovery Act of 1976”, and as from time to time amended (42 U.S.C. 6901 et seq.). “Federal agency ” means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office.

“Federal, State and local approvals or permits necessary to begin physical construction” means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.

“Final closure” means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under Parts 264 and 265 of these regulations are no longer conducted at the facility unless subject to the provisions in § 262.34.

“Food-chain crops” means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.

“Freeboard” means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.

“Free liquids” means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

“Functionally equivalent component” means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component. “Generator” means any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 of these regulations or whose act first causes a hazardous waste to become subject to regulation.

“Governmental unit” means the State of Colorado, every county, city and county, municipality, school district, special district and authority located in this state, every public body corporate created or established under the constitution or any law of this state, and every board, commission, department, institution, or agency of any of the foregoing or of the United States. “Ground water” means water below the land surface in a zone of saturation. “Hazardous Constituent” means any constituent identified in Appendix VIII of 6 CCR 1007-3, Part 261. “Hazardous waste” means a hazardous waste as defined in Part 261 of these regulations. “Hazardous waste constituent” means a constituent that caused the Department to list the hazardous waste in Part 261, Subpart D, of these regulations, or a constituent listed in Table 1 of § 261.24 of these regulations.

“Hazardous waste generation” means the act or process of producing hazardous waste. “Hazardous waste management” means the systematic control of the collection, source separation, storage, transportation, treatment, recovery, and disposal of hazardous waste. “Hazardous waste management unit” is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed. “Inactive portion” means that portion of a facility which is not operated after November 19, 1980. (See also “active portion” and “closed portion”.)

“Incinerator” means any enclosed device that:

1. (1) Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or (2) Meets the definition of infrared incinerator or plasma arc incinerator. “Incompatible wastes” means a waste unsuitable for commingling with another waste or material if the commingling might result in:
   1. (i) generation of extreme heat or pressure:
      1. (ii) fire;
         1. (iii) explosive or violent reaction;
         2. (iv) formation of substances which are shock-sensitive, friction-sensitive, or which otherwise have the potential of reacting violently;
         3. (v) the formation of toxic dusts, mists, fumes or gases or other chemicals;
         4. (vi) volatilization of ignitable or toxic chemicals due to heat generation in such a manner that the likelihood of contamination of groundwater or escape of the substances into the environment is increased; or (vii) any other similar reaction.

“Individual generation site” means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.

“Industrial furnace” means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:

1. (1) Cement kilns (2) Lime kilns (3) Aggregate kilns (4) Phosphate kilns (5) Coke ovens (6) Blast furnaces (7) Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters and foundry furnaces) (8) Titanium dioxide chloride process oxidation reactors (9) Methane reforming furnaces (10) Pulping liquor recovery furnaces (11) Combustion devices used in the recovery of sulfur values from spent sulfuric acid (12) Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3 %, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.
   1. (13) Such other devices as the Department may, after notice and comment, add to this list on the basis of one or more of the following factors:
      1. (i) The design and use of the device primarily to accomplish recovery of material products;
         1. (ii) The use of the device to burn or reduce raw materials to make a material product;
         2. (iii) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials in processes using raw materials as principal feedstocks;
         3. (iv) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;
         4. (v) The use of the device in common industrial practice to produce a material product; and (vi) Other factors as appropriate.

“Infrared incinerator” means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

“Inert material” means non-water-soluble and nondecomposable inert solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids according to rules and regulations of the Commission. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and other non-water-soluble and nondecomposable inert solids including those the Commission may by regulation identify.

“Inground tank” means a device meeting the definition of “tank” in § 260.10 whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.

“In operation” refers to a facility which is treating, storing, or disposing of hazardous waste. “Injection well” means a well into which fluids are injected. (See also “underground injection”.) “Inner liner” means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

“Installation inspector” means a person, who, by reason of his/her knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems. “International shipment” means the transportation of hazardous waste into or out of the jurisdiction of the United States.

“Lamp”, also referred to as “universal waste lamp” is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

“Landfill” means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or, for the purposes of the application of the land disposal restrictions found in Part 268 and for the purposes of the application of the minimum technology requirements of 40 CFR § 268.5 (h)(2), or of the minimum technology requirements of Subparts K, L, M, or N, or the groundwater protection requirements of Subpart F or the closure and post-closure requirements of Subpart G of Part 264 or 265 of these regulations, a corrective action management unit.

“Landfill cell” means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits. “Land treatment facility” means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

“Large Quantity Generator (LQG)” means a generator who generates greater than 1,000 kg of hazardous waste per calendar month, 1 kg of acutely hazardous waste per calendar month, or 100 kg of any residue, contaminated soil, waste, or debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous waste per calendar month. “Leachate” means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

“Leak-detection system” means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.

“Liner” means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

“Management” or “hazardous waste management” means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste.

“Manifest” means the shipping document EPA form 8700-22 and, if necessary, EPA form 8700-22A, originated and signed by the generator in accordance with the instructions included in the Appendix to Part 262.

“Manifest Document Number” means the U.S. EPA twelve digit identification number assigned to the generator plus a unique five digit document number assigned to the manifest by the generator for recording and reporting purposes.

“Mercury-containing device” means any electrical or medical product or component (excluding batteries and lamps) which contains elemental mercury that is necessary for its operation where the mercury acts as a conductor of temperature, pressure or electricity. The mercury must be housed within an outer metal, glass or plastic casing. Mercury-containing devices include but are not limited to: barometers, blood pressure cuffs, electrical switches and relays, gauges and flow regulators, manometers, pyrometers, thermostats, thermometers, thermocouples, and mercury-filled vacuum pumps. “Military munitions” means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed. “Miscellaneous unit” means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR Part 146,containment building, corrective action management unit, unit eligible for a research, development, and demonstration permit under § 100.25, or staging pile. “Mining overburden returned to the mine site” means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

“Movement” means that hazardous waste transported to a facility in an individual vehicle. “New hazardous waste management facility” or “new facility”* means a facility which began operation, or for which construction commenced after November 19,1980. (See also “Existing hazardous waste management facility”.)

*Please note that for State siting purposes, the active operation date for an existing hazardous waste disposal site is July 1,1981, pursuant to Part II, Title 25, Article 15 C.R.S.

“New tank system” or “new task component” means a task system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced the effective date of these regulations; except, however, for purposes of § 264.493 (g)(2) and § 265.193 (g)(2), a new tank system is one for which construction commences after July 14, 1986. (See also “existing tank system”.) “Onground tank” means a device meeting the definition of “tank” in § 260.10 and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.

“On-site” means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he/she controls and to which the public does not have access, is also considered on-site property. “Open burning” means the combustion of any material without the following characteristics:

1. (1) Control of combustion air to maintain adequate temperature for efficient combustion, (2) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and (3) Control of emission of the gaseous combustion products. (See also “Incineration” and “thermal treatment”.)

“Operation”, when used in connection with hazardous waste management, means the use of procedures, equipment, personnel, and other resources to provide hazardous waste management. “Operator” means the person operating a hazardous waste management facility or site either by contract or permit.

“Owner” means the person who owns a facility or part of a facility. “Partial closure” means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of Parts 264 and 265 of these regulations at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment system), landfill cell, surface impoundment, waste pile, or other hazardous waste management unit, while other units of the same facility continue to operate.

“Person” means any individual, public or private corporation, partnership, association, firm, trust or estate; the state or any executive department, institution, or agency thereof; any municipal corporation, county, city and county, or other political subdivision of the state; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. “Personnel” or “facility personnel” means all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of Parts 264 or 265 of these regulations.

“Pesticide” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

1. (1) Is a new animal drug under section 201 (w) of the Federal Food, Drug and Cosmetic Act (FFDCA), or (2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or (3) Is an animal feed under FFDCA section201 (x) that bears or contains any substances described by paragraph (1) or (2) of this section.

“Pile” means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building. “Plasma arc incinerator” means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

“Point source” means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture. “Publicly-owned land” means any land owned by the federal government or any agency thereof or land owned by the state or any agency or political subdivision thereof. “Publicly owned treatment works” or “POTW” means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a “State or “Municipality” (as defined by Section 502 (4) of the (CWA). This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment. “Qualified Ground-Water Scientist” means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering, and has sufficient training and experience in ground-water hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university courses that enable that individual to make sound professional judgements regarding ground-water monitoring and contaminant fate and transport. “Regional Administrator” means the Regional Administrator for the EPA Region in which the facility is located, or his/her designee.

“Remedial Action Plan (RAP)” means a special form of RCRA permit that a facility owner or operator may obtain under § 100.27 of these regulations, to authorize the treatment, storage or disposal of hazardous remediation waste (as defined in § 260.10 of these regulations) at a remediation waste management site.

“Remediation waste” means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris that contain listed hazardous wastes or that themselves exhibit a hazardous waste characteristic and are managed for implementing cleanup. “Remediation waste management site” means a facility where an owner or operator is or will be treating, storing or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under § 264.101 of these regulations, but is subject to corrective action requirements if the site is located in such a facility. “Replacement unit” means a landfill, surface impoundment, or waste pile unit (1) from which all or substantially all of the waste is removed, and (2) that is subsequently reused to treat, store, or dispose of hazardous waste. “Replacement unit” does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA or State approved corrective action.

“Representative sample” means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole. “Resource recovery” when used in connection with hazardous waste, means the operation of preparing and treating any such material or portion thereof for recycling or reuse or the recovery of material or energy.

“Run-off” means any rainwater, leachate, or other liquid that drains over land from any part of a facility. “Run-on” means any rainwater, leachate, or other liquid that drains over land onto any part of a facility. “Saturated zone” or “zone of saturation” means that part of the earth's crust in which all voids are filled with water.

“Sludge” means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant. “Sludge dryer” means any enclosed thermal device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.

“Small Quantity Generator (SQG)” means a generator who generates between 100kg and 1,000 kg of hazardous waste per calendar month and accumulates no more than 6,000 kg of hazardous waste at any time.

“Solid Waste” means a solid waste as defined in § 261.2 of these regulations. “Sorbent” means a material that is used to soak up free liquids by either adsorption or absorption, or both. “Sorb” means to either adsorb or absorb, or both. “Staging pile” means an accumulation of solid, non-flowing remediation waste (as defined in this section) that is not a containment building and that is used only during remedial operations for temporary storage at a facility. Staging piles must be designated by the Director according to the requirements of §

264.554 of these regulations.

“State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. “Storage” when used in connection with hazardous waste, means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of hazardous waste. The term does not apply to any hazardous waste generation if such waste is retained on the site by the Generator in quantities or for time periods exempted by rules and regulations promulgated by the Commission.

“Sump” means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serves to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, “sump” means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system. “Surface impoundment” or “impoundment” means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons. “Tank” means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

“Tank system” means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

“TEQ” means toxicity equivalence, the international method of relating the toxicity of various dioxin/furan congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxins. “Thermal treatment” means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge. (See also “incinerator” and “open burning”.)

“Totally enclosed treatment facility” means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized. “Transfer facility” means any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.

“Transport vehicle” means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer railroad freight car, etc.) is a separate transport vehicle. “Transportation”, when used in connection with hazardous waste, means the off-site movement of hazardous waste to any intermediate point or any point of storage, treatment, or disposal. “Transporter” means a person engaged in the offsite transportation of hazardous waste by air, rail, highway, or water.

“Treatability Study” means a study in which a hazardous waste is subjected to a treatment process to determine:

1. (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A “treatability study” is not a means to commercially treat or dispose of hazardous waste. “Treatment” when used in connection with an operation involved in hazardous waste management, means any method, technique, or process, including neutralization or incineration, designed to change the physical, chemical, or biological character or composition of a hazardous waste, so as to neutralize such waste or to render such waste less hazardous, safer for transport, amenable for recovery or reuse, amenable for storage, or reduced in volume.

“Treatment, storage, or disposal site or facility” means a location at which hazardous waste is subjected to treatment, storage, or disposal and may include a facility where hazardous waste is generated.

“Treatment zone” means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized. “Underground injection” means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also “injection well”.)

“Underground tank” means a device meeting the definition of “tank” in § 260.10 whose entire surface area is totally below the surface of and covered by the ground. “Unfit-for-use tank system” means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment. “Universal Waste” means any of the following hazardous wastes that are managed under the universal waste requirements of Part 273 of these regulations:

1. (1) Batteries as described in § 273.2(a) of these regulations;
   1. (2) Pesticides as described in § 273.2(b) of these regulations;
      1. (3) Mercury-containing devices as described in § 273.2(c) of these regulations;
         1. (4) Aerosol cans as described in § 273.2(d) of these regulations;
         2. (5) Lamps as described in § 273.2(e) of these regulations; and (6) Electronic devices and electronic components as described in § 273.2(f) of these regulations. “Universal Waste Handler”:
         3. (1) Means:
         4. (i) A generator (as defined in this section) of universal waste; or (ii) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
         5. (2) Does not mean:
         6. (i) A person who treats (except under the provisions of § 273.13(a),(c),(d),(e),or(f),or § 273.33(a), (c), (d), (e), or (f)), disposes of, or recycles universal waste; or (ii) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility. “Universal Waste Transporter” means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

“Unsaturated zone” or “zone of aeration” means the zone between the land surface and the water table.

“United States” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. “Uppermost aquifer” means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

“Used oil” means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. “Wastewater treatment unit” means a device which:

1. (1) Is part of a waste water treatment facility that is subject to regulation under either Section 402 or Section 307(b) of the Clean Water Act; and (2) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in § 261.3 of these regulations, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in § 261.3 of these regulations, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in § 261.3 of these regulations; and (3) Meets the definition of tank or tank system in § 260.10 of these regulations. “Well” means any shaft or pit dug or bored into the earth, generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in. “Well injection”: (See “underground injection”.)

“Zone of engineering control” means an area under the control of the owner/operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to ground water or surface water. § 260.11 References.

(a) When used in Parts 260 through 268 and Parts 99, 100, and Part 2, the following publications are incorporated by reference:

1. (1) “ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester,” ASTM Standard D-3278-78, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
   1. (2) “ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester.” ASTM Standard D-93-79 or D-93-80. D-93-80 is available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
      1. (3) “ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography,” ASTM Standard D 1946-82, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
         1. (4) “ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),” ASTM Standard D 2382-83, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
         2. (5) “ASTM Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis,” ASTM Standard E 169-87, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
         3. (6) “ASTM Standard Practices for Central Techniques of Infrared Quantitative Analysis,” ASTM Standard E 168-88, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
         4. (7) “ASTM Standard Practice for Packed Column Gas Chromatography,” ASTM Standard E 260- 85, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
         5. (8) “ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography,” ASTM Standard D 2267-88, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
         6. (9) “APTI Course 415: Control of Gaseous Emissions,” EPA Publication EPA-450/2-81-005, December 1981, available from National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.
         7. (10) “Flammable and Combustible Liquids Code” (1977 or 1981), available from the National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts 02210.
         8. (11) “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846 [Third Edition, (November; 1986), as amended by Updates I (dated July 1992), II (dated September, 1994), IIA (dated August 1993), IIB (dated January 1995), III (dated December 1996) and IIIA (dated April 1998) ]. The Third Edition of SW-846 and Updates I, II, IIA, IIB, and III (document number 955-001-00000-1) are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800. Update IIIA is available through EPA's Methods Information Communication Exchange (MICE) Service. MICE can be contacted by phone at (703) 821-4690. Update IIIA can also be obtained by contacting the U.S. Environmental Protection Agency, Office of Solid Waste (5307W), OSW Methods Team, 1200 Pennsylvania Ave., NW., Washington, DC, 20460. Copies of the Third Edition and all of its updates are also available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-6847. Copies may be inspected at the Library, U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460; or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC. These documents are also available for review at the Colorado Department of Public Health and Environment (See § 260.2 (b)) and the State Publications Depository Libraries.
         9. (12) “Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised” October 1992, EPA Publication No. EPA-450/R-92-019; Environmental Protection Agency, Research Triangle Park, NC.
         10. (13) “ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals,” ASTM Standard E926-88, Test Method C-Bomb, Acid Digestion Method, available from American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
         11. (14) API Publication 2517, Third Edition, February 1989, “Evaporative Loss from External Floating-Roof Tanks,” available from the American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005.
         12. (15) “ASTM Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope,” ASTM Standard D 2879-92, available from American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103;
         13. (16) Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-polar Material) by Extraction and Gravimetry. Available at NTIS, PB99-121949, U.S. Department of Commerce, 5285 Port Royal, Springfield, Virginia 22161.
         14. (17) “ASTM Standard Test Method for Flash Point by Continuously Closed Cup (CCCFP) Tester,” ASTM Standard D 6450-99, available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428.

(b) The references listed in paragraph (a) of this section are also available for inspection at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC; and at the Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80222.

§ 260.12 Sampling and Analytical Methods (a) Except where these regulations require the use of specific sampling or analytical methods identified in SW-846 or another publication incorporated by reference in § 260.11, whenever the Department finds, based on tests, studies, or other information, that the sampling or analytical methods proposed for use or in use at a particular site or facility are inadequate to achieve the performance objectives of the activity, the Department may require use of alternative methods which the Department finds are adequate to meet the performance objectives of the activity, including sensitivity, accuracy, precision (i.e. reproducibility), and safety. In making the findings described above, the Department shall consider relevant factors and information, including:

1. (1) the procedural steps and equipment used in the method;
   1. (2) the types of wastes or waste matrices for which the proposed method may be used;
      1. (3) factors which may interfere with, or limit the use of, the method;
         1. (4) quality control procedures necessary to ensure the sensitivity, accuracy, and precision of the method;
         2. (5) supporting tests, studies and other information; and (6) where these regulations recommend, but do not require, a particular method to be used, data comparing results from the method under consideration with results from the recommended method.

(b) Except where these regulations require the use of specific sampling or analytical methods identified in SW-846 or another publication incorporated by reference in § 260.11, any person may request the Department to approve a sampling or analytical method for use at a specified site or facility. Any person making such a request shall submit the following information:

1. (1) the name and address of the site or facility;
   1. (2) a full description of the proposed method, including all procedural steps and equipment used in the method;
      1. (3) a description of the types of wastes or waste matrices for which the proposed method may be used;
         1. (4) an assessment of any factors which may interfere with, or limit the use of, the proposed method;
         2. (5) a description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the proposed method;
         3. (6) supporting tests, studies, or other information; and (7) where these regulations recommend, but do not require, a particular method to be used, or where the Department has previously required an alternative method, data comparing results from the method under consideration with results from the recommended or previously required method.

If the Department finds, based on tests, studies, or other information, that sampling or analytical methods proposed for use by any person are adequate to meet the performance objectives of the activity, including sensitivity, accuracy, precision (i.e. reproducibility), and safety, the Department may approve use of the methods at a specified site or facility.

(c) In cases where these regulations require the use of specific sampling or analytical methods identified in SW-846, or another publication incorporated by reference in § 260.11, alternate sampling and analytical methods may only be approved by rulemaking petition, as provided in § § 260.20 and 260.21.

Subpart C -Rulemaking Petitions §260.20 General.

(a) In accordance with the Colorado Administrative Procedures Act, C.R.S. 1988,24-4-101 et seq. and with the Procedural Rules for the Hazardous Waste Commission as found in Part 7 of these regulations, to the extent that there is no conflict with the following provisions, any person may petition the Commission to modify or revoke any provision in Parts 260 through 267,268, and 273 of these regulations. This section sets forth general requirements which apply to all such petitions. Section 260.21 sets forth additional requirements for petitions to add a testing or analytical method to Part 261, 264 or 265 of these regulations. Section 260.22 sets forth additional requirements for petitions to exclude a waste or waste-derived material at a particular facility from § 261.3 of these regulations or the lists of hazardous wastes in Subpart D of Part 261 of these regulations. Section 260.23 sets forth additional requirements for petitions to amend Part 273 of these regulations to include additional hazardous wastes or categories of hazardous waste as universal waste.

(b) Each petition must be submitted to the Commission by certified mail and must include:

1. (1) The petitioner's name and address;
   1. (2) A statement of the petitioner's interest in the proposed action;
      1. (3) A description of the proposed action, including (where appropriate) suggested regulatory- language; and (4) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.

(c) The Commission will make a tentative decision to grant or deny a petition and will publish notice of such tentative decision, either in the form of an advanced notice of proposed rulemaking, a proposed rule, or a tentative determination to deny the petition, in the Colorado Register for written public comment.

(d) Upon the written request of any interested person, the Commission may, at its discretion, hold an informal public hearing to consider oral comments on the tentative decision. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the person' s views. The Commission may in any case decide on its own motion to hold an informal public hearing.

(e) After evaluating all public comments the Commission will make a final decision by publishing in the Colorado Register a regulatory amendment or a denial of the petition. § 260.21 Petitions for equivalent testing or analytical methods.

(a) Any person seeking to add a testing or analytical method to Parts 261,264, or 265 may petition for a regulatory amendment under this section and § 260.20. To be successful, the person must demonstrate to the satisfaction of the Commission that the proposed method is equal to or superior to the corresponding method prescribed inParts 261,264, or 265, in terms of its sensitivity, accuracy, and precision (i.e., reproducibility).

(b) Each petition must include, in addition to the information required by § 260.20(b):

1. (1) A full description of the proposed method, including all procedural steps and equipment used in the method;
   1. (2) A description of the types of wastes or waste matrices for which the proposed method may be used;
      1. (3) Comparative results obtained from using the proposed method with those obtained from using the relevant or corresponding methods prescribed in Parts 261, 264, or 265;
         1. (4) An assessment of any factors which may interfere with, or limit the use of, the proposed method; and (5) A description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the proposed method.

(c) After receiving a petition for an equivalent method, the Commission may request any additional information on the proposed method which it may reasonably require to evaluate the method.

(d) The petitioner may also consult “Test Methods for the Evaluation of Solid Waste: Physical/Chemical Methods,” SW-846, available from the U.S. Environmental Protection Agency, Office of Solid Waste, Washington, D.C. 20460, for the approved methods utilized by the Department. § 260.22 Petitions to amend Part 261 to exclude a waste produced at a particular facility.

(a) Any person seeking to exclude a waste at a particular generating facility from the lists in Subpart D of Part 261 may petition for a regulatory amendment under this section and 260.20. To be successful:

1. (1) The petitioner must demonstrate to the satisfaction of the Commission that the waste produced by a particular generating facility does not meet any of the criteria under which the waste was listed as a hazardous or an acutely hazardous waste; and (2) Based on a complete application the Commission must determine, where it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste. A waste which is so excluded, however, still may be a hazardous waste by operation of Subpart C of Part 261.

(b) The procedures in this section and § 260.20 may also be used to petition the Commission for a regulatory amendment to exclude from § 261.3 (a)(2)(ii) or (c), a waste which is described in these sections and is either a waste listed in Subpart D, or is derived from a waste listed in Subpart D. This exclusion may only be issued for a particular generating, storage, treatment, or disposal facility. The petitioner must make the same demonstration as required by paragraph (a) of this section. Where the waste is a mixture of solid waste and one or more listed hazardous wastes or is derived from one or more hazardous wastes, his/her demonstration must be made with respect to the waste mixture as a whole; analyses must be conducted for not only those constituents for which the listed waste contained in the mixture was listed as hazardous, but also for factors (including additional constituents) that could cause the waste mixture to be a hazardous waste. A waste which is so excluded may still be a hazardous waste by operation of Subpart C of Part 261.

(c) If the waste is listed with codes “I, “C”, “R”, or “E” in Subpart D,

1. (1) The petitioner must show that the waste does not exhibit the relevant characteristic for which the waste was listed as defined in §§ 261.21,261.22, 261.23, or 261.24 using any applicable methods prescribed therein. The petitioner also must show that the waste does not exhibit any of the other characteristics defined in § 261.21, 261.22, 261.23, or
   1. 261.24 using any applicable methods prescribed therein;
      1. (2) Based on a complete application the Commission must determine, where it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste. A waste which is so excluded, however, still may be a hazardous waste by operation of Subpart C of Part 261.

(d) If the waste is listed with code “T” in Subpart D,

1. (1) The petitioner must demonstrate that the waste:
   1. (i) Does not contain the constituent or constituents (as defined in Appendix VII of Part 261 of these regulations) that caused the Commission to list the waste, using the appropriate test methods prescribed in “Test Methods for Evaluating Solid Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in § 260.11 ; or (ii) Although containing one or more of the hazardous constituents (as defined in Appendix VII or Part 261 )that caused the Commission to list the waste, does not meet the criterion of § 261.11 (a)(3) when considering the factors used by the Commission in § 261.11 (a)(3)(i) through (xi) under which the waste was listed as hazardous; and (2) Based on a complete application, the Commission must determine, where it has a reasonable basis to believe that factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste; and (3) The petitioner must demonstrate that the waste does not exhibit any of the characteristics defined in § § 261.21, 261.22, 261.23, and 261.24 using any applicable methods prescribed therein; and (4) A waste which is so excluded, however, still may be a hazardous waste by operation of Subpart C of Part 261.

(e) If the waste is listed with the code “H” in Subpart D,

1. (1) The petitioner must demonstrate that the waste does not meet the criterion of § 261.11 (a)(2); and (2) Based on a complete application, the Commission must determine, where it has a reasonable basis to believe that additional factors (including additional constituents) other than those for which the waste was listed could cause the waste to be a hazardous waste, that such factors do not warrant retaining the waste as a hazardous waste; and (3) The petitioner must demonstrate that the waste does not exhibit any of the characteristics defined in §§ 261.21, 261.22,261.23, and 261.24 using any applicable methods prescribed therein; and (4) A waste which is so excluded, however, still may be a hazardous waste by operation of Subpart C of Part 261.

(f) [Reserved for listing radioactive wastes.] (g) [Reserved for listed infectious wastes.] (h) Demonstration samples must consist of enough representative samples, but in no case less than four samples, taken over a period of time sufficient to represent the variability or the uniformity of the waste.

1. (i) Each petition must include, in addition to the information required by § 260.20(b):
   1. (1) The name and address of the laboratory facility performing the sampling or tests of the waste;
      1. (2) The names and qualifications of the persons sampling and testing the waste;
         1. (3) The dates of sampling and testing;
         2. (4) The location of the generating facility, (5) A description of the manufacturing processes or other operations and feed materials producing the waste and an assessment of whether such processes, operations, or feed materials can or might produce a waste that is not covered by the demonstration;
         3. (6) A description of the waste and an estimate of the average and maximum monthly and annual quantities of waste covered by the demonstration;
         4. (7) Pertinent data on and discussion of the factors delineated in the respective criterion for listing a hazardous waste, where the demonstration is based on the factors in § 261.11 (a)(3);
         5. (8) A description of the methodologies and equipment used to obtain the representative samples;
         6. (9) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization and preservation of the samples;
         7. (10) A description of the tests performed (including results);
         8. (11) The names and model numbers of the instruments used in performing the tests; and (12) The following statement signed by the generator of the waste or the generator's authorized representative:

         I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

         1. (j) After receiving a petition for an exclusion, the Commission may request any additional information which it may reasonably require to evaluate the petition.
         2. (k) An exclusion will only apply to the waste generated at the individual facility covered by the demonstration and will not apply to waste from any other facility.
         3. (l) The Commission may exclude only part of the waste for which the demonstration is submitted where it has reason to believe that variability of the waste justifies a partial exclusion. § 260.23 Petitions to amendPart 273 to include additional hazardous wastes.

(a) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of Part 273 of these regulations may petition for a regulatory amendment under this section, § 260.20, and Subpart G of Part 273.

(b) To be successful, the petitioner must demonstrate to the satisfaction of the Commission that regulation under the universal waste regulations of Part 273: is appropriate for the waste or category of waste; will improve management practices for the waste or category of waste; and will improve implementation of the hazardous waste program. The petition must include the information required by § 260.20(b). The petition should also address as many of the factors listed in § 273.81 as are appropriate for the waste or category of waste addressed in the petition.

(c) The Commission will grant or deny a petition using the factors listed in § 273.81. The decision will be based on the weight of evidence showing that regulation under Part 273 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste program.

(d) The Commission may request additional information needed to evaluate the merits of the petition.

260.30 Variances from classification as a solid waste.

In accordance with the standards and criteria in § 260.31 and the procedures in § 260.33, the Department may determine on a case-by-case basis that the following recycled materials are not solid wastes:

1. (a) Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in § 261.1(c)(8) of these regulations);
   1. (b) Materials that are reclaimed and then reused within the original production process in which they were generated;
      1. (c) Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered.

§ 260.31 Standards and criteria for variances from classification as a solid waste.

(a) The Department may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred for recycling in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The Department's decision will be based on the following standards and criteria:

1. (1) The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material, or contractual arrangements for recycling);
   1. (2) The reason that the applicant has accumulated the material for one or more years without recycling 75 percent of the volume accumulated at the beginning of the year;
      1. (3) The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled;
         1. (4) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process;
         2. (5) Other relevant factors.

(b) The Department may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on the following criteria:

1. (1) How economically viable the production process would be if it were to use virgin materials rather than reclaimed materials;
   1. (2) The prevalence of the practice on an industry-wide basis;
      1. (3) The extent to which the material is handled before reclamation to minimize loss;
         1. (4) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process;
         2. (5) The location of the reclamation operation in relation to the production process;
         3. (6) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form;
         4. (7) Whether the person who-generates the material also reclaims it;
         5. (8) Other relevant factors.

(c) The Department may grant requests for a variance from classifying as a solid waste those materials that have been reclaimed but must be reclaimed further before recovery is completed if, after initial reclamation, and resulting material is commodity-like (even though it is not yet a commercial product, and has to be reclaimed further). This determination will be based on the following factors:

1. (1) The degree of processing the materials had undergone and the degree of further processing that is required;
   1. (2) The value of the material after it has been reclaimed;
      1. (3) The degree to which the reclaimed material is like an analogous raw material;
         1. (4) The extent to which an end market for the reclaimed material is guaranteed;
         2. (5) The extent to which the reclaimed material is handled to minimize loss;
         3. (6) Other relevant factors.

§ 260.32 Variance to be classified as a boiler.

In accordance with the standards and criteria in § 260.10 (definition of “boiler”), and the procedures in § 260.33, the Department may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in § 260.10, after considering the following criteria:

1. (a) The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and (b) The extent to which the combustion chamber and energy recovery equipment are of integral design; and (c) The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; and (d) The extent to which exported energy is utilized; and (e) The extent to which the device is in common and customary use as a “boiler” functioning primarily to produce steam, heated fluids, or heated gases; and (f) Other factors, as appropriate.

§ 260.33 Procedures for variances from classification as a solid waste or to be classified as a boiler.

The Department will use the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed controlled flame combustion devices as boilers:

1. (a) The applicant must apply to the Department for the variance. The application must address the relevant criteria contained in § 260.31 or § 260.32 of this Part.
   1. (b) The Department will evaluate the application and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. The Department will accept comment on the tentative decision for 30 days, and may also hold a public hearing upon request or at its discretion. The Department will issue a final decision after receipt of comments and after the hearing (if any). § 260.40 Additional regulation of certain hazardous waste recycling activities on a case-by-case basis.

(a) The Department may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in § 261.6 (a)(2)(iv) of these regulations should be regulated under § 261.6(b) and (c) of these regulations. The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. In making this decision, the Department will consider the following factors:

1. (1) The types of materials accumulated or stored and the amounts accumulated or stored;
   1. (2) The method of accumulation or storage;
      1. (3) The length of time the materials have been accumulated or stored before being reclaimed;
         1. (4) Whether any contaminants are being released into the environment, or are likely to be so released; and (5) Other relevant factors.

The procedures for this decision are set forth in § 260.41 of these regulations. § 260.41 Procedures for case-by-case regulation of hazardous waste recycling activities. The Department will use the following procedures when determining whether to regulate hazardous waste recycling activities described in § 261.6 (a)(2)(iv) under the provisions of § 261.6 (b) and (c), rather than under the provisions of Subpart F of Part 267 of these regulations.

(a) If a generator is accumulating the waste, the Department will issue a notice setting forth the factual basis for the decision and stating that the person must comply with the applicable requirements of Subparts A, C, D, and E of Part 262 of these regulations. The notice will become final within 30 days, unless the person served requests a public hearing to challenge the decision. Upon receiving such a request, the Department will hold a public hearing. The Department will provide notice of the hearing to the public and allow public participation at the hearing. The Department will issue a final order after the hearing stating whether or not compliance with Part 262 is required. The order becomes effective 30 days after service of the decision unless the Department specifies a later date. Final agency action occurs when a final order is issued.

(b) If the person is accumulating the recyclable material as a storage facility, the notice will state that the person must obtain a permit in accordance with all applicable provisions of Part 100 of these regulations. The owner or operator of the facility must apply for a permit within no less than 60 days and no more than six months of notice, as specified in the notice. If the owner operator of the facility wishes to challenge the Department's decision, he/she may do so in his/her permit application, in a public hearing held on the draft permit, or in comments filed on the draft permit or on the notice of intent to deny the permit. The fact sheet accompanying the permit will specify the reasons for the Department's determination.

Statement of Basis and Purpose Part 260 Hazardous Waste Management System: General PURPOSE The fundamental purpose of these regulations, which are promulgated pursuant to C.R.S. 1973, 25-15- 302(2), is to provide definitions of terms, general standards, and overview information applicable to the hazardous waste regulations: Parts 260 through 265. These regulations are necessary in order to ensure protection of public health and safety and the environment. Additionally, regulations concerning the general hazardous waste management system are a necessary and required component in conducting a hazardous waste management program; the State intends to obtain EPA authorization for a hazardous waste management program pursuant to CR.S. 1973, 25-15- 302. Such full state authorization to conduct the hazardous waste regulatory program can be granted only upon the determination that the State program is equivalent to that of the EPA. BASIS These regulations are based upon a “cradle-to-grave” system of regulation of hazardous waste. Under this system, hazardous waste is tracked and regulated from the point of generation through storage and transportation to the point of treatment and/or disposal. In this manner, a major portion of the hazardous waste generated in the State is regulated and accounted for, thereby minimizing the potential for public health and environmental problems resulting from improper management, handling, transportation and disposal of these wastes. The great potential for public health and environmental problems, including hazards associated with fire, explosion, direct contact, and air, surface water and groundwater contamination resulting from inadequate management of hazardous wastes has been documented at hundreds of sites throughout the nation and has spurred the development of hazardous waste regulations pursuant to the Resource Conservation and Recovery Act (RCRA) of 1976, Public Law 94-580. These regulations are based, for the most part, on those developed by the EPA under Subtitle C of RCRA. This was done for the reasons discussed below. Because the Federal hazardous waste regulations are comprehensive and technically complex, it was felt that adopting the Federal format and amending specific sections to the needs of the State, as opposed to developing State regulations “from scratch”, would save substantial amounts of time and financial resources. Also, it was felt that the process of determination of initial program equivalency would be greatly simplified through adoption of the Federal format. Further, because the Federal regulations are presently subject to frequent amendment, adoption of the Federal format greatly enhances maintaining equivalency of the State regulations to the Federal program.

As stated above, much of the scientific basis for these regulations was developed in the course of EPA research and investigations over a period of several years. Therefore, all information utilized by EPA in developing and proposing these regulations, including that referenced in the Federal Register Volume 45, Number 98, May 19,1980 p. 33066 et seq. is hereby incorporated in this statement by reference. The basis for these regulations was further developed through a series of twelve public meetings at which comments were received from interested parties. Accordingly, certain changes from the Federal regulations have been incorporated in these regulations where it was deemed advisable as a result of public comment and study of the issues, in order to tailor the regulations more to Colorado's needs. Such departures from the approach taken in the Federal regulations are discussed in this document under the pertinent topics.

The Regulations GENERAL All or part of the information submitted to the Department pursuant to Parts 260 through 265 of these hazardous waste regulations may contain trade secrets. Therefore the regulations provide that any person who submits information to the Department may assert a claim of confidentiality by following procedures set forth in C.R.S. 1973, 25-72-204. Information covered by such a claim will be disclosed by the Department only to the extent, and by means of procedures, set forth in C.R.S. 1973, 24-72-204 (IV)- (V). However, in accord with the Public Records Act, if no such claim accompanies the information when it is received by the Department, it may be made available to the public without further notice to the person submitting it.

DEFINITIONS In order to ensure that the definition section is comprehensive, the following definitions from C.R.S. 1973, 25-15-101 were added and incorporated into the set of definitions which exist in the Federal regulation in § 260.10:

1. “Board”“Committee”“Department”“Domestic waste water”“Federal Act”“Governmental Unit”“Hazardous waste disposal site”“Hazardous waste management”“Inert material”“Operation”“Publicly-owned land”“Resource recovery”“Storage”“Treatment, storage, or disposal facility”

Where the same or similar terms were defined in both the Federal regulations and C.R.S. 25-15-101, the definitions from the State hazardous waste statute were given precedence and the following EPA definitions were deleted:

1. “Manifest”“Person”“Transportation”“Treatment”

The following State Statute definitions were not incorporated since they are clearly applicable only to C.R.S. 1973, 25-15 Part 2 siting provisions and conflict with these hazardous waste regulations promulgated pursuant to Part 3 of the Statute:

1. “Existing hazardous waste disposal site”“Hazardous Waste Disposal” The definition of “Incompatible wastes” from the State regulations for Siting of Hazardous Waste Disposal Sites was incorporated into these regulations and replaced the EPA definition of incompatible wastes. The term “Commercial use or value” which is found in the C.R.S. 1973, 25-15-101 definition of “Hazardous waste” was not defined elsewhere. The proposed definition represents an initial attempt to adequately define this term. In proposing this definition, the Committee recognized that it may be necessary to amend it in the future in light of comments from EPA and the public. The following EPA definitions were intentionally deleted due to inapplicability or redundancy: “EPA region”“Vessel”“Water (bulk shipment)”

The C.R.S. 1973, 25-15-101 definition of “Hazardous Waste” was incorporated into the definitions under Part 261.

RULEMAKING PETITIONS This section provides that any person may petition the Board to modify or revoke any provision in Parts 260 through 265 of these regulations. Certain general requirements are outlined which apply to all such petitions. Additional requirements are outlined for petitions to add a testing or analytical method to Part 261, 264 or 265.

There are also additional requirements for petitions to exclude a waste at a particular facility from the lists of hazardous wastes in Subpart D of Part 261. In order to successfully exclude a waste, the petitioner must demonstrate to the satisfaction of the Department that the waste produced at that facility does not meet any of the criteria under which the waste was listed as a hazardous waste. PART 261 — IDENTIFICATION AND LISTING OF HAZARDOUS WASTE Subpart A — General Sec.

1. 261.1 Purpose and scope.
   1. 261.2 Definition of solid waste.
   2. 261.3 Definition of hazardous
      1. waste.
   3. 261.4 Exclusions.
   4. 261.5 Special requirements for
      1. hazardous waste generated by conditionally exempt small quantity generators.
   5. 261.6 Requirements for
      1. recyclable materials.
   6. 261.7 Residues of hazardous
      1. waste in empty containers.
   7. 261.8 PCB wastes regulated
      1. under Toxic Substance Control Act.
   8. 261.9 Requirements for
      1. Universal Waste.

      Subpart B — Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Wastes

   9. 261.10 Criteria for identifying
      1. the characteristics of hazardous waste.
   10. 261.11 Criteria for listing
       1. hazardous waste.

       Subpart C — Characteristics of Hazardous Waste

   11. 261.20 General
   12. 261.21 Characteristic of
       1. ignitability.
   13. 261.22 Characteristic of
       1. corrosivity.
   14. 261.23 Characteristic of
       1. reactivity.
   15. 261.24 Toxicity Characteristic.

       Subpart D — Lists of Hazardous Wastes

   16. 261.30 General
   17. 261.31 Hazardous wastes from
       1. non-specific sources.
   18. 261.32 Hazardous wastes from
       1. specific sources.
   19. 261.33 Discarded commercial
       1. chemical products, off- specification species, container residues, and spill residues thereof.
   20. 261.35 Deletion of certain
       1. hazardous waste codes following equipment cleaning and replacement.

       APPENDICES TO PART 261 APPENDIX I REPRESENTATIVE SAMPLING METHODS APPENDIX II METHOD 1311 TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)

       APPENDIX III CHEMICAL ANALYSIS TEST METHODS APPENDIX IV [RESERVED FOR RADIOACTIVE WASTE TEST METHODS] APPENDIX V [RESERVED FOR INFECTIOUS WASTE TREATMENT SPECIFICATIONS] APPENDIX VI [RESERVED FOR ETIOLOGIC AGENTS] APPENDIX VII BASIS FOR LISTING HAZARDOUS WASTE APPENDIX VIII HAZARDOUS CONSTITUENTS APPENDIX IX WASTES EXCLUDED UNDER §§260.20 AND 26022 Subpart A - General §261.1 Purpose and scope.

(a) This part identifies those solid wastes which are subject to regulation as hazardous wastes under Parts 262 through 268 and Part 100 and which are subject to the notification requirements of Part

1. 99. In this part:
   1. (1) Subpart A defines the terms “solid waste” and “hazardous waste,” identifies those wastes which are excluded from regulation under Parts 262 through 268, 99 and Part 100 and establishes special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled.
      1. (2) Subpart B sets forth the criteria used by the Department to identify characteristics of hazardous waste and to list particular hazardous wastes.
         1. (3) Subpart C identifies characteristics of hazardous waste.
         2. (4) Subpart D lists particular hazardous wastes.

(b)

1. (1) The definition of solid waste contained in this Part applies only to wastes that also are hazardous. For example, it does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled.
   1. (2) This Part identifies only some of the materials which are solid wastes and hazardous wastes under Sections 3007, 3013, and 7003 of RCRA. A material which is not identified or listed in this Part, is still a solid waste and a hazardous waste for purposes of these sections if:
      1. (i) In the case of Sections 3007 and 3013, EPA has reason to believe that the material may be a solid waste within the meaning of Section 1004(27) of RCRA and a hazardous waste within the meaning of Section 1004(5) of RCRA; or (ii) In the case of Section 7003, the statutory elements are established.

(c) An attached statement of basis and purpose for these regulations has been adopted by the Board of Health and is hereby incorporated by reference in these regulations pursuant to C.R.S. 1973, 24- 4-103.

(d) For the purposes of §261.2 and 261.6:

1. (1) A “spent material” is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing;
   1. (2) “Sludge” has the same meaning used in §260.10 of these regulations;
      1. (3) A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.
         1. (4) A material is “reclaimed” if it is processed to recover a useable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.
         2. (5) A material is “used or reused” if it is either:
         3. (i) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or (ii) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).
         4. (6) “Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
         5. (7) A material is “recycled” if it is used, reused, or reclaimed.
         6. (8) A material is “accumulated speculatively” if it is accumulated before recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that — during the calendar year (commencing on January 1) — the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75% by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75% requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under §261.4(c) are not to be included in making the calculation. (Materials that are already defined as solid wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.
         7. (9) “Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.
         8. (10) “Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated.

            (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§261.4(a)(15)).

         9. (11) “Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.
         10. (12) “Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

§261.2 Definition of solid waste.

(a)

1. (1) A solid waste is any discarded material that is not excluded by §261.4(a) or that is not excluded by variance granted under §260.30 and §260.31.
   1. (2) A discarded material is any material which is:
      1. (i) Abandoned, as explained in paragraph (b) of this section; or (ii) Recycled, as explained in paragraph (c) of this section; or (iii) Considered inherently waste-like, as explained in paragraph (d) of this section.

(b) Materials are solid waste if they are abandoned by being:

1. (1) Disposed of; or (2) Burned or incinerated; or (3) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated.

(c) Materials are solid wastes if they are recycled — or accumulated, stored, or treated before recycling — as specified in paragraphs (c)(l) through (c)(4) of this section.

1. (1) Used in a manner constituting disposal.
   1. (i) Materials noted with a “*” in column 1 of Table I are solid waste when they are:
      1. (A) Applied to or placed on the land in a manner that constitutes disposal; or (B) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).
         1. (ii) However, commercial chemical products listed in §261.33 are not solid wastes if they are applied to the land and that is their ordinary manner of use.
         2. (2) Burning for energy recovery.
         3. (i) Materials noted with a “*” in column 2 of Table 1 are solid wastes when they are:
         4. (A) Burned to recover energy;
         5. (B) Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste).
         6. (ii) However, commercial chemical products listed in §261.33 are not solid wastes if they are themselves fuels.
         7. (3) Reclaimed. Materials noted with a “*” in column 3 of Table 1 are solid wastes when reclaimed (except as provided under §261.4(a)(17) of these regulations). Materials noted with a “-” in column 3 of Table 1 are not solid wastes when reclaimed.
         8. (4) Accumulated speculatively. Materials noted with a “*” in column 4 of Table 1 are solid wastes when accumulated speculatively.

      Table 1 Use constituting disposal Energy recovery/fuel Reclamation (§ 261.2(c) (§ 261.2(c)(1))(1) §261.2(c)(2))(2) (3)) except as provided in 261.4(a)(17) for mineral processing secondary materials)(3)

      Spent Materials (*) (*) (*)

      Sludges (listed In §261.31 (*) (*) (*)

      or §261.32)

      Sludges exhibiting a (*) (*) (-)

      characteristic of hazardous waste By-products (listed in (*) (*) (*)

      §261.31 or §261.32)

      By-products exhibiting a (*) (*) (-)

      characteristic of hazardous waste Commercial chemical (*) (*) (-)

      products listed in §261.33 Scrap metal other than (*) (*) (*)

      excluded scrap metal (see §261.1(d)(9))

      Note: The terms “spent materials”, “sludges”, “by-products”, “scrap metal”, and “processed scrap metal” are defined in §261.1.

(d) Inherently waste-like materials. The following materials are solid wastes when they are recycled in any manner:

1. (1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028.
   1. (2) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in Subparts C or D of this part, except for brominated material that meets the following criteria:
      1. (i) The material must contain a bromine concentration of at least 45%; and (ii) The material must contain less than a total of 1% of toxic organic compounds listed in Appendix VIII; and (iii) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping).
         1. (3) The Department will use the following criteria to add wastes to that list: (i)
         2. (A) The materials are ordinarily disposed of, burned, or incinerated; or (B) The materials contain toxic constituents listed in Appendix VIII of Part 261 and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and (ii) The material may pose a substantial hazard to human health and the environment when recycled.

(e) Materials that are not solid waste when recycled.

1. (1) Materials are not solid wastes when they can be shown to be recycled by being:
   1. (i) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or (ii) Used or reused as effective substitutes for commercial products; or (iii) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at §261.4(a)(17) apply rather than this paragraph.
      1. (2) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (described in paragraphs (e)(1)(i) through (iii) of this section:
         1. (i) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or (ii) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or (iii) Materials accumulated speculatively; or (iv) Materials listed in paragraphs (d)(1) and (d)(2) of this section.

(f) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing Subtitle C of RCRA who raise a claim that a certain material is not a solid waste or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so. §261.3 Definition of hazardous waste.

(a) A solid waste, as defined in §261.2, is a hazardous waste if it has no commercial use or value and:

1. (1) It is not excluded from regulation as a hazardous waste under §261.4(b); and (2) It meets any of the following criteria:
   1. (i) It exhibits any of the characteristics of hazardous waste identified in Subpart C of this part. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under §261.4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under Subpart C is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in table I to §261.24 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.
      1. (ii) It is listed in Subpart D and has not been excluded from the lists in Subpart D under §§260.20 and 260.22.
         1. (iii) Reserved (iv) It is a mixture of solid waste and one or more hazardous wastes listed in Subpart D and has not been excluded from paragraph (a)(2) of this section under §§260.20 and 260.22, or paragraph (g) of this section; however, the following mixtures of solid wastes and hazardous wastes listed in Subpart D of this part are not hazardous wastes (except by application of paragraph (a)(2)(i) or (ii) of this section) if the generator can demonstrate that the mixture consists of wastewater the discharge of which is subject to regulation under either Section 402 or Section 307(b) of the Clean Water Act (including wastewater at facilities which have eliminated the discharge of wastewater) and:
         2. (A) One or more of the following spent solvents listed in §261.31 — carbon tetrachloride, tetrachloroethylene, trichloroethylene -provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pre-treatment system does not exceed 1 part per million; or (B) One or more of the following spent solvents listed in §261.31 — methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents — provided that the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pre-treatment system does not exceed 25 parts per million; or (C) One of the following wastes listed in §261.32, provided that the wastes are discharged to the refinery oil recovery sewer before primary oil/water/solids separation — heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA Hazardous Waste No. K050), crude oil storage tank sediment from petroleum refining operations (EPA Hazardous Waste No. K169), clarified slurry oil tank sediment and/or in- line filter/separation solids from petroleum refining operations (EPA Hazardous Waste No. K170), spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and spent hydrorefining catalyst (EPA Hazardous Waste No. K172); or (D) A discarded commercial chemical product, or chemical intermediate listed in §261.33, arising from de minimis losses of these materials from manufacturing operations in which these materials are used as raw materials or are produced in the manufacturing process. For purposes of this sub-paragraph, “de minimis” losses include those from normal material handling operations (e.g. spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment; storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing; or (E) Wastewater resulting from laboratory operations containing toxic (T) wastes listed in Subpart D, provided that the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility's wastewater treatment or pre- treatment system, or provided the wastes, combined annualized average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pretreatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation; or (F) One or more of the following wastes listed in §261.32 — wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157)— Provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine (including all amounts that can not be demonstrated to be reacted in the process, destroyed through treatment, or is recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 parts per million by weight; or (G) Wastewaters derived from the treatment of one or more of the following wastes listed in §261.32 — organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156)-Provided, that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter.
         3. (v) Rebuttable presumption for used oil. Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D of Part 261 of these regulations. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, Third Edition, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix VIII of Part 261 of these regulations). EPA Publication SW-846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954. 202-783-3238 (document number 955-001-00000-1). This document is also available for review at the Colorado Department of Public Health and Environment (See §260.2(b)) and the State Publications Depository Libraries.
         4. (A) The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed.
         5. (B) The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.

(b) A solid waste which is not excluded from regulation under paragraph (a)(1) of this section becomes a hazardous waste when any of the following events occur:

1. (1) In the case of a waste listed in Subpart D, when the waste first meets the listing description set forth in Subpart D.
   1. (2) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in Subpart D is first added to the solid waste.
      1. (3) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in Subpart C.

(c) Unless and until it meets the criteria of paragraph (d):

1. (1) A hazardous waste will remain a hazardous waste.
   1. (2)
      1. (i) Except as otherwise provided in paragraph (c)(2)(ii) or (g) of this section, any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate (but not including precipitation run-off) is a hazardous waste. (However, materials that are reclaimed from solid wastes and that are used beneficially are not solid wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal).
         1. (ii) The following solid wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste:
         2. (A) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332) (B) Wastes from burning any of the materials exempted from regulation by §261.6(a)(3)(iii)and(iv).

            (C)

         3. (1) Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined in §260.10), that are disposed in subtitle D units, provided that these residues meet the generic exclusion levels identified in the tables in this paragraph, for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's self-implementing waste analysis plan; at a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion will have the burden of proof that the material meets all of the exclusion requirements.

      Constituent Maximum for any single composite sample-TCLP (mg/I)

      Generic exclusion levels for K061 and K062 nonwastewater HTMR residues Antimony 0.10 Arsenic 0.50 Barium 7.6 Beryllium 0.010 Cadmium 0.050 Chromium (total) 0.33 Lead 0.15 Mercury 0.009 Nickel 1.0 Selenium 0.16 Silver 0.30 Thallium 0.020 Zinc 70 Generic exclusion levels for F006 nonwastewater HTMR residues Antimony 0.10 Arsenic 0.50 Barium 7.6 Beryllium 0.010 Cadmium 0.050 Chromium (total) 0.33 Cyanide (total)(mg/kg) 1.8 Lead 0.15 Mercury 0.009 Nickel 1.0 Selenium 0.16 Silver 0.30 Thallium 0.020 Zinc 70

      1. (2) A one-time notification and certification must be placed in the facility's files and sent to the Department for K061, K062, or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to subtitle D units. The notification and certification that is placed in the generator's or treater's files must be updated if the process or operation generating the waste changes and/or if the subtitle D unit receiving the waste changes. However, the generator or treater need only notify the Department on an annual basis if such changes occur. Such notification and certification should be sent to the Department by the end of the calendar year, but no later than December 31. The notification must include the following information: The name and address of the subtitle D unit receiving the waste shipments; the EPA Hazardous Waste Number(s) and treatability group(s) at the initial point of generation; and, the treatment standards applicable to the waste at the initial point of generation. The certification must be signed by an authorized representative and must state as follows: “I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.” (D) Biological treatment sludge from the treatment of one of the following wastes listed in §261.32 — organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156), and wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).
         1. (E) Catalyst inert support media separated from one of the following wastes listed in §261.32 — Spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA Hazardous Waste No. K172).

(d) Any solid waste described in paragraph (c) of this section is not a hazardous waste if it meets the following criteria:

1. (1) In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in Subpart C of this part. (However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of Part 268, even if they no longer exhibit a characteristic at the point of land disposal.) (2) In the case of a waste which is a listed waste under Subpart D, contains a waste listed under Subpart D or is derived from a waste listed in Subpart D, it also has been excluded from paragraph (c) under §§ 260.20 and 260.22.

(e) Any material which would be a hazardous waste subject to the provisions of these regulations except for the fact that it has commercial use or value is subject to regulations pursuant to §261.6 of these regulations.

(f) Notwithstanding paragraphs (a) through (d) of this section and provided the debris as defined in Part 268 of these regulations does not exhibit a characteristic identified at Subpart C of this part, the following materials are not subject to regulation under Parts 260, 261 to 267, 268, or 100:

1. (1) Hazardous debris as defined in Part 268 of these regulations that has been treated using one of the required extraction or destruction technologies specified in Table 1 of §268.45 of these regulations; persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; or (2) Debris as defined in Part 268 of these regulations that the Director, considering the extent of contamination, has determined is no longer contaminated with hazardous waste. (g)
   1. (1) A hazardous waste that is listed in Subpart D of this part solely because it exhibits one or more characteristics of ignitability as defined under §261.21, corrosivity as defined under §261.22, or reactivity as defined under §261.23 is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in Subpart C of this part.
      1. (2) The exclusion described in paragraph (g)(1) of this section also pertains to:
         1. (i) Any mixture of a solid waste and a hazardous waste listed in Subpart D of this part solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (a)(2)(iv) of this section; and (ii) Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in Subpart D of this part solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (c)(2)(i) of this section.
         2. (3) Wastes excluded under this section are subject to Part 268 of these regulations (as applicable), even if they no longer exhibit a characteristic at the point of land disposal.
         3. (4) Any mixture of a solid waste excluded from regulation under §261.4(b)(7) and a hazardous waste listed in subpart D of this part solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (a)(2) (iv) of this section is not a hazardous waste, if the mixture no longer exhibits any characteristic of hazardous waste identified in Subpart C of this part for which the hazardous waste listed in Subpart D of this part was listed.

(h) Reserved §261.4 Exclusions.

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this Part:

1. (1)
   1. (i) Domestic sewage; and (ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works for treatment. “Domestic sewage” means untreated sanitary wastes that pass through a sewer system.
      1. (2) Industrial wastewater discharges that are point source discharges subject to regulation under Section 402 of the Clean Water Act, as amended.
         1. (3) Irrigation return flows.
         2. (4) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.
         3. (5) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process.
         4. (6) Inert materials deposited for construction fill or topsoil placement in connection with actual or contemplated construction at such location or for changes in land contour for agricultural and mining purposes, if such depositing does not fall within the definition of treatment, storage, or disposal of hazardous waste.
         5. (7) Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in §261.1(c) of these regulations;
         6. (8) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided:
         7. (i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;
         8. (ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);
         9. (iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; and (iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.
         10. (9) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in §261.1(c) of these regulations.

             (10)

         11. (i) Spent wood preserving solutions that have been used and are reclaimed and are reused for their original intended purpose; and (ii) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.
         12. (iii) Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in paragraphs (a)(10)(i) and (a)(10)(ii) of this section, so long as they meet all of the following conditions:
         13. (A) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose;
         14. (B) Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both;
         15. (C) Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases;
         16. (D) Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse complies with the standards in Part 265, Subpart W of these regulations, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste; and (E) Prior to operating pursuant to this exclusion, the plant owner or operator submits to the appropriate Regional Administrator or State Director a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: “I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation.” The plant must maintain a copy of that document in its on- site records for a period of no less than 3 years from the date specified in the notice. The exclusion applies only so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the appropriate Regional Administrator or State Director for reinstatement. The Regional Administrator or State Director may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that violations are not likely to recur.
         17. (11) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic (TC) specified in §261.24 of this part, when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the sale or refining of the tar. This exclusion is conditioned on there being no land disposal of the wastes from the point at which they are generated to the point at which they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar.
         18. (12) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery.

             (13)

         19. (i) Oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911-including, but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this paragraph, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except as provided in paragraph (a)(13)(ii) of this section, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this section. Residuals generated from processing or recycling materials excluded under this paragraph (a)(13)(i), where such materials as generated would have otherwise met a listing under Subpart D of this part, are designated as F037 listed wastes when disposed of or intended for disposal.
         20. (ii) Recovered oil that is recycled in the same manner and with the same conditions as described in paragraph (a)(13)(i) of this section. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil does not include oil-bearing hazardous wastes listed in Subpart D of this part; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include used oil as defined in § 279.1 of these regulations.
         21. (14) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled.
         22. (15) Shredded circuit boards being recycled provided that they are:
         23. (i) Stored in containers sufficient to prevent a release to the environment prior to recovery; and (ii) Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries.
         24. (16) Reserved (17) Spent materials (as defined in §261.1) (other than hazardous wastes listed in Subpart D of this part) generated within the primary mineral processing industry from which minerals, acids, cyanide, water or other values are recovered by mineral processing or by beneficiation, provided that:
         25. (i) The spent material is legitimately recycled to recover minerals, acids, cyanide, water or other values;
         26. (ii) The spent material is not accumulated speculatively;
         27. (iii) Except as provided in paragraph (a)(17)(iv) of this section, the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building must be an engineered structure with a floor, walls, and a roof all of which are made of non-earthen materials providing structural support (except smelter buildings may have partially earthen floors provided the spent material is stored on the non-earthen portion), and have a roof suitable for diverting rainwater away from the foundation; a tank must be free standing, not be a surface impoundment (as defined in §260.10 of these regulations), and be manufactured of a material suitable for containment of its contents; a container must be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate which may be subject to wind dispersal, the owner/operator must operate these units in a manner which controls fugitive dust. Tanks, containers, and buildings must be designed, constructed and operated to prevent significant releases to the environment of these materials.
         28. (iv) The Regional Administrator or the State Director may make a site-specific determination, after public review and comment, that only solid mineral processing spent material may be placed on pads, rather than in tanks, containers, or buildings. Solid mineral processing spent materials do not contain any free liquid. The decision-maker must affirm that pads are designed, constructed and operated to prevent significant releases of the spent material into the environment. Pads must provide the same degree of containment afforded by the non-RCRA tanks, containers and buildings eligible for exclusion.
         29. (A) The decision-maker must also consider if storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, air exposure pathways are: the volume and physical and chemical properties of the spent material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway.
         30. (B) Pads must meet the following minimum standards: be designed of non- earthen material that is compatible with the chemical nature of the mineral processing spent material, capable of withstanding physical stresses associated with placement and removal, have run on/runoff controls, be operated in a manner which controls fugitive dust, and have integrity assurance through inspections and maintenance programs.
         31. (C) Before making a determination under this paragraph, the Regional Administrator or State Director must provide notice and the opportunity for comment to all persons potentially interested in the determination. This can be accomplished by placing notice of this action in major local newspapers, or broadcasting notice over local radio stations.
         32. (v) The owner or operator provides notice to the Regional Administrator or State Director, providing the following information: the types of materials to be recycled; the type and location of the storage units and recycling processes; and the annual quantities expected to be placed in land-based units. This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process.
         33. (vi) For purposes of §261.4(b)(7) of this section, mineral processing spent material must be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of solid waste.
         34. (18) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided:
         35. (i) The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in §261.21) and/or toxicity for benzene (§261.24, waste code D018); and (ii) The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. An “associated organic chemical manufacturing facility” is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821,2822, and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. “Petrochemical recovered oil” is oil that has been reclaimed from secondary materials (i.e., sludges, byproducts, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes.
         36. (19) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or accumulated speculatively as defined in §261.1(c).
         37. (20) Hazardous secondary materials used to make zinc fertilizers, provided that the following conditions specified are satisfied:
         38. (i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in §261.1(d)(8).
         39. (ii) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must:
         40. (A) Submit a one-time notice to the Regional Administrator or State Director in whose jurisdiction the exclusion is being claimed, which contains the name, address and EPA ID number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph (a)(20).
         41. (B) Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment At a minimum, any building used for this purpose must be an engineered structure made of non- earthen materials that provide structural support, and must have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers used for this purpose must be kept closed except when it is necessary to add or remove material, and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that:
         42. (1) have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; and (2) provide for effective drainage and removal of leaks, spills and accumulated precipitation; and (3) prevent run-on into the containment system.
         43. (C) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this paragraph (a)(20).
         44. (D) Maintain at the generator's or intermediate handlers's facility for no less than three years records of all shipments of excluded hazardous secondary materials. For each shipment these records must at a minimum contain the following information:
         45. (1) Name of the transporter and date of the shipment;
         46. (2) Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and (3) Type and quantity of excluded secondary material in each shipment.
         47. (iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must:
         48. (A) Store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in paragraph (a)(20)(ii)(B) of this section.
         49. (B) Submit a one-time notification to the Regional Administrator or State Director that, at a minimum, specifies the name, address and EPA ID number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph (a)(20).
         50. (C) Maintain for a minimum of three years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which must at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received, and a brief description of the industrial process that generated the material.
         51. (D) Submit to the Regional Administrator or State Director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process(s) from which they were generated.
         52. (iv) Nothing in this section preempts, overrides or otherwise negates the provision in §
         53. 262.11 of these regulations, which requires any person who generates a solid

             waste to determine if that waste is a hazardous waste.

         54. (v) Interim status and permitted storage units that have been used to store only zinc- bearing hazardous wastes prior to the submission of the one-time notice described in paragraph (a)(20)(ii)(A) of this section, and that afterward will be used only to store hazardous secondary materials excluded under this paragraph, are not subject to the closure requirements of Parts 264 and 265 of these regulations.
         55. (21) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under paragraph (a)(20) of this section, provided that:
         56. (i) The fertilizers meet the following contaminant limits:
         57. (A) For metal contaminants:

      Metal Constituent Maximum allowable total concentration in fertilizer, per unit (1%)

      1. of zinc content Arsenic............................ 0.3 ppm .............

      Cadmium........................ 1.4 ppm ..............

      Chromium....................... 0.6 ppm .............

      Lead................................. 2.8 ppm .............

      Mercury........................... 0.3 ppm .............

      1. (B) For dioxin contaminants the fertilizer must contain no more than eight (8) parts per trillion of dioxin, measured as toxic equivalent (TEQ).
         1. (ii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product(s) introduced into commerce.
         2. (iii) The manufacturer maintains for no less than three years records of all sampling and analyses performed for purposes of determining compliance with the requirements of paragraph (a)(21)(ii) of this section. Such records must at a minimum include:
         3. (A) The dates and times product samples were taken, and the dates the samples were analyzed;
         4. (B) The names and qualifications of the person(s) taking the samples;
         5. (C) A description of the methods and equipment used to take the samples;
         6. (D) The name and address of the laboratory facility at which analyses of the samples were performed;
         7. (E) A description of the analytical methods used, including any cleanup and sample preparation methods; and (F) All laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph (a)(21).

(b) Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:

1. (1) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused. “Household waste” means any waste material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campground, picnic grounds and day-use recreation areas.) A resource recovery facility managing municipal solid waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for purposes of regulation under this subtitle, if such facility:
   1. (i) Receives and burns only (A) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources) and (B) Solid waste from commercial or industrial sources that does not contain hazardous waste; and (ii) Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.
      1. (2) Solid wastes generated by any of the following and which are returned to the soils as fertilizers:
         1. (i) The growing and harvesting of agricultural crops.
         2. (ii) The raising of animals, including animal manures.
         3. (3) Mining overburden returned to the mine site.
         4. (4) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, except as provided by §264.347 of these regulations for faculties that bum or process hazardous waste.
         5. (5) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy. (6)
         6. (i) Wastes which fail the test for the Toxicity Characteristic because chromium is present or are listed in Subpart D due to the presence of chromium, which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence or day other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that:
         7. (A) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and (B) The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and (C) The waste is typically and frequently managed in non-oxidizing environments.
         8. (ii) Specific wastes which meet the standard in paragraphs (b)(6)(i)(A),(B) and (C) (so long as they do not fail the test for the Toxicity Characteristic for any other constituent, and do not exhibit any other characteristic) are:
         9. (A) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
         10. (B) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
         11. (C) Buffing dust generated by the following subcategories of the leather tanning and finishing industry, hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue.
         12. (D) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
         13. (E) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry, hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.
         14. (F) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue.
         15. (G) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries.
         16. (H) Wastewater treatment sludges from the production of TiO pigment using chromium-bearing ores by the chloride process.
         17. (7) Solid waste from the extraction, beneficiation and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), except as provided by §264.347 of these regulations for facilities that bum or process hazardous waste.
         18. (i) For purposes of §261.4(b)(7) beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting, autoclaving, and/or chlorination in preparation for leaching (except where the roasting (and/or autoclaving and/or chlorination)/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching.
         19. (ii) For the purposes of §261.4(b)(7), solid waste from the processing of ores and minerals includes only the following wastes as generated:
         20. (A) Slag from primary copper processing;
         21. (B) Slag from primary lead processing;
         22. (C) Red and brown muds from bauxite refining;
         23. (D) Phosphogypsum from phosphoric acid production;
         24. (E) Slag from elemental phosphorus production;
         25. (F) Gasifier ash from coal gasification;
         26. (G) Process wastewater from coal gasification;
         27. (H) Calcium sulfate wastewater treatment plant sludge from primary copper processing;
         28. (I) Slag tailings from primary copper processing;
         29. (J) Fluorogypsum from hydrofluoric acid production;
         30. (K) Process wastewater from hydrofluoric acid production;
         31. (L) Air pollution control dust/sludge from iron blast furnaces;
         32. (M) Iron blast furnace slag;
         33. (N) Treated residue from roasting/leaching of chrome ore;
         34. (O) Process wastewater from primary magnesium processing by the anhydrous process;
         35. (P) Process wastewater from phosphoric acid production;
         36. (Q) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production;
         37. (R) Basic oxygen furnace and open hearth furnace slag from carbon steel production;
         38. (S) Chloride process waste solids from titanium tetrachloride production;
         39. (T) Slag from primary zinc processing.
         40. (iii) A residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under paragraph (b) of this section if the owner or operator:
         41. (A) Processes at least 50 percent by weight normal beneficiation raw materials or normal mineral processing raw materials; and (B) Legitimately reclaims the secondary mineral processing materials.
         42. (8) Cement kiln dust waste, except as provided by §264.347 of these regulations for facilities that bum or process hazardous waste.
         43. (9) Solid waste which consists of discarded arsenical-treated wood or wood products which fails the test for the Toxicity Characteristic for Hazardous Waste Codes D004 through D017 and which is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood products for these materials' intended end use.
         44. (10) Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic of §261.24 (Hazardous Waste Codes D018 through D043 only) and are subject to the corrective action regulations under 40 CFR Part 280.
         45. (11) RESERVED (12) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.
         46. (13) Non-terne plated used oil filters that are not mixed with wastes listed in Subpart D of this part if these oil filters have been gravity hot-drained using one of the following methods:
         47. (i) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining;
         48. (ii) Hot-draining and crushing;
         49. (iii) Dismantling and hot-draining; or (iv) Any other equivalent hot-draining method which will remove used oil.
         50. (14) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
         51. (15) Leachate or gas condensate collected from landfills where certain solid wastes have been disposed, provided that:
         52. (i) The solid wastes disposed would meet one or more of the listing descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174, K175, K176, K177, and K178, if these wastes had been generated after the effective date of the listing;
         53. (ii) The solid wastes described in paragraph (b)(15)(i) of this section were disposed prior to the effective date of the listing;
         54. (iii) The leachate or gas condensate do not exhibit any characteristic of hazardous waste nor are derived from any other listed hazardous waste;
         55. (iv) Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is subject to regulation under sections 307(b) or 402 of the Clean Water Act (v) As of February 13, 2001, leachate or gas condensate derived from K169-K172 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. After November 21, 2003, leachate or gas condensate derived from K176, K177, and K178 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: if the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (e.g., shutdown of wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this paragraph (b)(15)(v) after the emergency ends.

(c) Hazardous wastes which are exempted from certain regulations. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under Parts 262 through 266, Part 268 and Part 100 or to the notification requirements of Part 99 of these regulations until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials.

(d) Samples. (1) Except as provided in paragraph(d)(2) of this section, a sample of solid waste or a sample of water, soil, or air, which is collected for the purpose of testing to determine its characteristics or composition, is not subject to any requirements of this part or Parts 262 through 266, Part 268 or Part 100 or to the notification requirements of Part 99 of these regulations when:

1. (i) The sample is being transported to a laboratory for the purpose of testing: or (ii) The sample is being transported back to the sample collector after testing; or (iii) The sample is being stored by the sample collector before transport to a laboratory for testing; or (iv) The sample is being stored in a laboratory before testing; or (v) The sample is being stored in a laboratory after testing but before it is returned to the sample collector; or (vi) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary)
   1. (2) In order to qualify for the exemption in paragraph (d)(1)(i) and (ii) of this section, a sample collector shipping samples to a laboratory and laboratory returning samples to a sample collector must:
      1. (i) Comply with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or (ii) Comply with the following requirements if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample:
         1. (A) Assure that the following information accompanies the sample:
         2. (1) The sample collector's name, mailing address, and telephone number;
         3. (2) The laboratory's name, mailing address, and telephone number;
         4. (3) The quantity of the sample;
         5. (4) The date of shipment; and (5) A description of the sample.
         6. (B) Package the sample so that it does not leak, spill, or vaporize from its packaging.
         7. (3) This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in paragraph (d)(1) of this section.

(e) Treatability Study Samples.

1. (1) Except as provided in paragraph (e)(2) of this section, persons who generate or collect samples for the purpose of conducting treatability studies as defined in §260.10, are not subject to any requirement of Parts 261 through 263 of these regulations or to the notification requirements of Section 99 of the Colorado Hazardous Waste Regulations, nor are such samples included in the quantity determinations of §261.5 and §262.34(d) when:
   1. (i) The sample is being collected and prepared for transportation by the generator or sample collector; or (ii) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or (iii) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.
      1. (2) The exemption in paragraph (e)(1) of this section is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that:
         1. (i) The generator or sample collector uses (in “treatability studies”) no more than 10,000 kg of media contaminated with non-acute hazardous waste, 1000 kg of non- acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste for each process being evaluated for each generated waste stream; and (ii) The mass of each sample shipment does not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with non-acute hazardous waste, or may include 2500 kg of media contaminated with acute hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous waste; and (iii) The sample must be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of paragraph A or B of this subparagraph are met.
         2. (A) The transportation of each sample shipment complies with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or (B) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample:
         3. (1) The name, mailing address, and telephone number of the originator of the sample;
         4. (2) The name, address, and telephone number of the facility that will perform the treatability study;
         5. (3) The quantity of the sample;
         6. (4) The date of shipment; and (5) A description of the sample, including its EPA Hazardous Waste Number.
         7. (iv) The sample is shipped to a laboratory or testing facility which is exempt under §261.4(f) or has an appropriate RCRA permit or interim status.
         8. (v) The generator or sample collector maintains the following records for a period ending 3 years after completion of the treatability study:
         9. (A) Copies of the shipping documents;
         10. (B) A copy of the contract with the facility conducting the treatability study;
         11. (C) Documentation showing:
         12. (1) The amount of waste shipped under this exemption;
         13. (2) The name, address, and EPA identification number of the laboratory or testing facility that received the waste;
         14. (3) The date the shipment was made; and (4) Whether or not unused samples and residues were returned to the generator.
         15. (vi) The generator reports the information required under paragraph (e)(2)(v)(C) of this section in its biennial report.
         16. (3) The Director may grant requests on a case-by-case basis for up to an additional two years for treatability studies involving bioremediation. The Director may grant requests on a case- by-case basis for quantity limits in excess of those specified in paragraphs (e)(2)(i) and (ii) and (f)(4) of this section, for up to an additional 5000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste and 1 kg of acute hazardous waste:
         17. (i) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include the nature of the technology, the type of process (e.g., batch versus continuous), size of the unit undergoing testing (particularly in relation to scale-up considerations), the time/quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations.
         18. (ii) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when: There has been an equipment or mechanical failure during the conduct of a treatability study, there is a need to verify the results of a previously conducted treatability study, there is a need to study and analyze alternative techniques within a previously evaluated treatment process; or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.
         19. (iii) The additional quantities and timeframes allowed in paragraph (e)(3)(i) and (ii) of this section are subject to all the provisions in paragraphs (e)(1) and (e)(2) (iii) through (vi) of this section. The generator or sample collector must apply to the Director and provide in writing the following information:
         20. (A) The reason why the generator or sample collector requires additional time or quantity of sample for treatability study evaluation and the additional time or quantity needed;
         21. (B) Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment; the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results on each treatability study;
         22. (C) A description of the technical modifications or change in specifications which will be evaluated and the expected results;
         23. (D) If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and (E) Such other information that the Director considers necessary.

(f) Samples Undergoing Treatability Studies at Laboratories and Testing Facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to Colorado Hazardous Waste Act requirements) are not subject to any requirement of Parts 261 through 268, and Part 100, or to the notification requirements of Part 99 of the Colorado Hazardous Waste Regulations provided that the conditions of paragraphs (f)(1) through (14) of this section are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to paragraphs (f)(1) through (14) of this section. Where a group of MTUs are located at the same site, the limitations specified in (f)(1) through (14) of this section apply to the entire group of MTUs collectively as if the group were one MTU.

1. (1) No less than 45 days before conducting treatability studies, or receiving samples of hazardous waste to be used in treatability studies, the testing facility submits the following information in writing to the Director, Hazardous Materials and Waste Management Division, Colorado Department of Public Health and Environment:
   1. (A) Facility name, location, and mailing address;
      1. (B) Facility EPA ID number;
         1. (C) Facility contact person, title, and phone;
         2. (D) Whether or not the facility has ever submitted a Part A or Part B application;
         3. (E) A list of existing environmental permits held by the facility;
         4. (F) The general nature of the facility operation;
         5. (2) The laboratory or testing facility conducting the treatability study obtains an EPA identification number prior to receiving waste samples or conducting treatability studies.
         6. (3) No more than a total of 10,000 kg of “as received” media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste or 250 kg of other “as received” hazardous waste is subject to initiation of treatment in all treatability studies in any single day. “As received” waste refers to the waste as received in the shipment from the generator or sample collector.
         7. (4) The quantity of “as received” hazardous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which can include 10,000 kg of media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste, 1000 kg of non-acute hazardous wastes other than contaminated media, and 1 kg of acute hazardous waste. This quantity limitation does not include treatment materials (including nonhazardous solid waste) added to “as received” hazardous waste.
         8. (5) Storage of waste samples and treatability study residues must meet the following minimum conditions:
         9. (i) Wastes must be stored and managed in a way to prevent any release into the environment and must not pose a human health hazard.
         10. (ii) Any waste material spilled or released must be contained, collected, and disposed of properly within 24 hours.
         11. (iii) Container storage areas must be designed and operated such that:
         12. (A) Containers or liners are compatible with the stored waste;
         13. (B) Containers are protected from any standing liquids;
         14. (C) Containers remain closed except when it is necessary to add or remove waste;
         15. (D) Contents of containers which are leaking or in poor condition must be transferred to a container in good condition or otherwise properly managed.
         16. (iv) Tank systems must be designed and operated such that:
         17. (A) The tank system integrity is sufficient to ensure that the tank will not leak, collapse, rupture, or fail while containing waste;
         18. (B) Any release is detected, contained, collected and removed within 24 hours;
         19. (C) Appropriate controls and practices are in place to prevent spills and overflows.
         20. (v) Ignitable and reactive waste must be protected from any material or conditions that may cause the waste to ignite or react.
         21. (vi) Contact between incompatible wastes must be prevented.
         22. (6) No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) have elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.
         23. (7) The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.
         24. (8) The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. The following specific information must be included for each treatability study conducted:
         25. (i) The name, address, and EPA identification number of the generator and the name of the sample collector of each waste sample;
         26. (ii) The date the shipment was received;
         27. (iii) The quantity of waste accepted;
         28. (iv) The quantity of “as received” waste in storage each day;
         29. (v) The date the treatment study was initiated and the amount of “as received” waste introduced to treatment each day, (vi) The date the treatability study was concluded;
         30. (vii) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA identification number.
         31. (9) The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study.
         32. (10) The facility prepares and submits a report to the Director by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes the following information for the previous calendar year:
         33. (i) The name, address, and EPA identification number of the facility conducting the treatability studies;
         34. (ii) The types (by process) of treatability studies conducted;
         35. (iii) The names and addresses of persons for whom studies have been conducted (including their EPA identification numbers);
         36. (iv) The total quantity of waste in storage each day;
         37. (v) The quantity and types of waste subjected to treatability studies;
         38. (vi) When each treatability study was conducted;
         39. (vii) The final disposition of residues and unused sample from each treatability study;
         40. (viii) A summary of spills or releases of waste material to the environment.
         41. (11) The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under §261.3 and, if so, are subject to Parts 261 through 268, and Part 100 of these regulations, and all applicable Federal regulations under HSWA, unless the residues and unused samples are returned to the sample originator under the §261.4(e) exemption.
         42. (12) The facility notifies the Director by letter when the facility is no longer planning to conduct any treatability studies at the site.
         43. (13) The facility submits a certified statement to the Director specifying that all waste materials from treatability studies have been removed from the facility, and that no contamination remains on-site.
         44. (14) The facility provides adequate personnel training to ensure facility regulatory compliance, effective emergency response, and prevent undue worker exposure to hazardous waste.

(g) Dredged material that is not a hazardous waste. Dredged material that is subject to the requirements of a permit that has been issued under 404 of the Federal Water Pollution Control Act (33 U.S.C.1344) or section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is not a hazardous waste. For this paragraph (g), the following definitions apply:

1. (1) The term dredged material has the same meaning as defined in 40 CFR 232.2;
   1. (2) The term permit means:
      1. (i) A permit issued by the U.S. Army Corps of Engineers (Corps) or an approved State under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344);
         1. (ii) A permit issued by the Corps under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or (iii) In the case of Corps civil works projects, the administrative equivalent of the permits referred to in paragraphs (g)(2)(i) and (ii) of this section, as provided for in Corps regulations (for example, see 33 CFR 336.1, 336.2, and 337.6). §261.5 Special requirements for hazardous waste generated by conditionally exempt small quantity generators.

(a) A generator is a conditionally exempt small quantity generator in a calendar month if he/she generates less than 100 kilograms of hazardous waste in that month. (100 kilograms is approximately 220 pounds).

(b) Except for those wastes identified in paragraphs (e), (f), (g), and (j) of this section, a conditionally exempt small quantity generator's hazardous wastes are not subject to regulation under Parts 262 through 268 and Part 100, and the notification requirements of Part 99 of these regulations, provided the generator complies with the requirements of paragraphs (f), (g), and (j) of this section. Hazardous waste that is subject to the special requirements of §261.6(b) is included in the quantity determinations of this section and is subject to the requirements of this section.

(c) When making the quantity determinations of this part and Part 262, the generator must include all hazardous waste that it generates, except hazardous waste that:

1. (1) Is exempt from regulation under §261.4(c) through (f), §261.6(a)(3), §261.7(a)(1), or § 261.8; or (2) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in §260.10; or (3) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under §261.6(c)(2); or (4) Is used oil managed under the requirements of §261.6(a)(4) and Part 279; or (5) Is spent lead-acid batteries managed under the requirements of Part 267, Subpart G; or (6) Is universal waste managed under §261.9 and Part 273.

(d) In determining the quantity of hazardous waste he/she generates, a generator need not include:

1. (1) Hazardous waste when it is removed from on-site storage; or (2) Hazardous waste produced by on-site treatment (including reclamation) of his/her hazardous waste, so long as the hazardous waste that is treated was counted once; or (3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once.

(e) If a generator generates acutely hazardous waste in a calendar month in quantities greater than set forth below, all quantities of that acutely hazardous waste are subject to full regulation under Parts 262 through 268 and Part 100, and the notification requirements of Part 99 of these regulations:

1. (1) A total of one kilogram of acute hazardous wastes listed in §§261.31, 261.32, or 261.33(e).
   1. (2) A total of 100 kilograms of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous wastes listed in §§261.31, 261.32 or 261.33(e).
      1. [Comment: “Full regulation” means those regulations applicable to generators of greater than 1,000 kg of non-acutely hazardous waste in a calendar month.]

(f) In order for acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those set forth in paragraph (e)(1) or (e)(2) of this section to be excluded from full regulation under this section, the generator must comply with the following requirements:

1. (1) Section 262.11 of these regulations;
   1. (2) The generator may accumulate acute hazardous waste on-site. If the generator accumulates at any time acute hazardous wastes in quantities greater than those set forth in paragraph (e)(1) or (e)(2) of this section, all of those accumulated wastes are subject to regulation under Parts 262 to 268, 99 and 100. The time period of §262.34{a) for accumulation of wastes on-site begins when the accumulated wastes exceed the applicable exclusion limit;
      1. (3) A conditionally exempt small quantity generator may either treat his/her acute hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is:
         1. (i) Permitted under Parts 100 and 264 of these regulations;
         2. (ii) In interim status under Parts 100 and 265 of these regulations;
         3. (iii) Authorized to manage hazardous waste by EPA or a State with a hazardous waste management program approved under 40 CFR Part 271;
         4. (iv) A solid waste landfill specifically authorized by the Department and county pursuant to Section 30-20-101 et seq., C.R.S. to accept acute hazardous waste from a conditionally exempt small quantity generator (** Before disposing of acute hazardous waste in such a manner, check with the Department to see if there are any solid waste landfills specifically authorized to accept the waste.);
         5. (v) A facility which:
         6. (A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or (B) Treats its wastes prior to beneficial use or reuse, or legitimate recycling or reclamation; or (vi) For universal waste managed under Part 273 of these regulations, a universal waste handler or destination facility subject to the requirements of Part 273 of these regulations.

(g) In order for hazardous waste generated by a conditionally exempt small quantity generator in quantities of less than 100 kilograms of hazardous waste during a calendar month to be excluded from full regulation under this section, the generator must comply with the following requirements:

1. (1) Comply with §262.11 of these regulations;
   1. (2) The conditionally exempt small quantity generator may accumulate hazardous waste on-site. If the generator accumulates at any time more than a total of 1000 kilograms of his/her hazardous wastes, all of those accumulated wastes are subject to regulation under the special provisions of Part 262 applicable to generators of between 100 kg and 1000 kg of hazardous waste in a calendar month as well as the requirements of Parts 263 through 268, 99 and 100 of these regulations. The time period of §262.34(d) for accumulation of wastes on-site begins for a conditionally exempt small quantity generator when the accumulated wastes exceed 1000 kilograms.
      1. (3) A conditionally exempt small quantity generator may either treat his/her hazardous waste in an on-site facility, or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is:
         1. (i) Permitted under Parts 100 and 264 of these regulations;
         2. (ii) In interim status under Parts 100 and 265 of these regulations;
         3. (iii) Authorized to manage hazardous waste by EPA or a State with a hazardous waste management program approved under 40 CFR Part 271;
         4. (iv) A solid waste landfill specifically authorized by the Department and the county pursuant to Section 30-20-101 et seq., C.R.S. to accept hazardous waste from a conditionally exempt small quantity generator (**Before disposing of hazardous waste in such a manner, check with the Department to see if there are any solid waste landfills specifically authorized to accept the waste.);
         5. (v) A facility which:
         6. (A) Beneficially uses or re-uses, or legitimately recycles or reclaims its waste; or (B) Treats its waste prior to beneficial use or re-use, or legitimate recycling or reclamation; or (vi) For universal waste managed under Part 273 of these regulations, a universal waste handler or destination facility subject to the requirements of Part 273 of these regulations.

(h) Hazardous waste subject to the reduced requirements of this section may be mixed with non- hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any of the characteristics of hazardous wastes identified in Subpart C.

(i) If a small quantity generator or any person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation.

(j) If a conditionally exempt small quantity generator's wastes are mixed with used oil, the mixture is subject to Part 279 of these regulations if it is destined to be burned for energy recovery. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated if it is destined to be burned for energy recovery. §261.6 Requirements for recyclable materials.

(a)

1. (1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that are recycled will be known as “recyclable materials.”
   1. (2) The following recyclable materials are not subject to the requirements of this section but are regulated under Subparts C through G of Part 267 of these regulations and all applicable provisions in Part 100 of these regulations:
      1. (i) Recyclable materials used in a manner constituting disposal (See Subpart C);
         1. (ii) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under Subpart O of Part 264 or 265 of these regulations (see Subpart D);
         2. (iii) Recyclable materials from which precious metals are reclaimed (see Subpart F);
         3. (iv) Spent lead-acid batteries that are being reclaimed (see Subpart G).
         4. (3) The following recyclable materials are not subject to regulation under Parts 262 through 268 or Part 100 of these regulations, and are not subject to the notification requirements of Part 99 of these regulations:
         5. (i) Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement as specified in §262.58:
         6. (A) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in §§262.53, 262.56 (a)(1) through (4), (6), and (b), and 262.57, export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export;
         7. (B) Transporters transporting a shipment for export may not accept a shipment if he/she knows the shipment does not conform to the EPA Acknowledgment of Consent, must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and must ensure that it is delivered to the facility designated by the persons initiating the shipment.
         8. (ii) Scrap metal that is not excluded under §261.4(a)(14);
         9. (iii) Fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under §261.4(a)(13); (iv)
         10. (A) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under §279.11 of these regulations and so long as no other hazardous wastes are used to produce the hazardous waste fuel;
         11. (B) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under §279.11 of these regulations; and (C) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under §279.11 of these regulations.
         12. (4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of Parts 260 through 268 of these regulations, but is regulated under Part 279 of these regulations. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.
         13. (5) Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in §262.58(a)(1) of these regulations) for the purpose of recovery is subject to the requirements of Part 262, Subpart H, if it is subject to either the manifesting requirements of Part 262, to the universal waste management standards of 40 CFR Part 273, or to the requirements of Part 273 of these regulations.

(b) Generators and transporters of recyclable materials are subject to the applicable requirements of Parts 262 and 263 of these regulations and the notification requirements of Part 99, except as provided in paragraph (a) of this section.

(c)

1. (1) Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of Subparts A through L, AA, BB, and CC of Parts 264 and 265, Parts 266 through 268 and Part 100 of these regulations and the notification requirements of Part 99 of these regulations, except as provided in paragraph (a) of this section. (The recycling process itself is exempt from regulation except as provided in §261.6(d).)
   1. (2) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in paragraph (a) of this section:
      1. (i) Notification requirements of Part 99 of these regulations;
         1. (ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of these regulations.
         2. (iii) Section 261.6(d) of these regulations.

(d) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of subparts AA and BB of Part 264 or 265 of these regulations.

§261.7 Residues of hazardous waste in empty containers. (a)

1. (1) Any hazardous waste remaining in either (i) an empty container or (ii) an inner liner removed from an empty container, as defined in paragraph (b) of this section, is not subject to regulation under Parts 261 through 266, Part 268 or Part 100 or to the notification requirements of Part 99 of these regulations.
   1. (2) Any hazardous waste in either (i) a container that is not empty or (ii) an inner liner removed from a container that is not empty, as defined in paragraph (b) of this section is subject to regulation under Parts 261 through 266, Part 268, and Part 100 of these regulations and the notification requirements of Part 99 of these regulations. (b)
      1. (1) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in §§261.31, 261.32, or 261.33(e) of these regulations is empty if:
         1. (i) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and (ii) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner or, (iii)
         2. (A) No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 110 gallons in size, or (B) No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 110 gallons in size.
         3. (2) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.
         4. (3) A container or an inner liner removed from a container that has held an acute hazardous waste listed in §§ 261.31, 261.312, or 261.33(e) is empty if:
         5. (i) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;
         6. (ii) The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or (iii) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.

§261.8 PCB Wastes Regulated Under Toxic Substance Control Act. The disposal of PCB-containing dielectric fluid and electric equipment containing such fluid authorized for use and regulated under CFR Part 761 and that are hazardous only because they fail the test for the Toxicity Characteristic (Hazardous Waste Codes D018 through DO43 only) are exempt from regulation under Parts 261 through 265, and Parts 268 and 100 of these regulations and CFR Part 124, and the notification requirements of section 3010 of RCRA.

§261.9 Requirements for Universal Waste.

(a) The wastes listed in this section are exempt from regulation under Parts 262 through 268, and Part 100 of these regulations except as specified in Part 273 of these regulations and, therefore are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under Part 273:

1. (1) Batteries as described in §273.2(a) of these regulations;
   1. (2) Pesticides as described in §273.2(b) of these regulations;
      1. (3) Mercury-containing devices as described in §273.2(c) of these regulations;
         1. (4) Aerosol cans as described in §273.2(d) of these regulations;
         2. (5) Lamps as described in §273.2(e) of these regulations; and (6) Electronic devices and electronic components as described in §273.2(f) of these regulations. Subpart B — Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste §261.10 Criteria for identifying the characteristics of hazardous waste.

(a) The Department shall identify and define a characteristic of hazardous waste in Subpart C only upon determining that:

1. (1) A solid waste that exhibits the characteristic may:
   1. (i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (ii) Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and (2) The characteristic can be:
      1. (i) Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste; or (ii) Reasonably detected by generators of solid waste through their knowledge of their waste.

§261.11 Criteria for listing hazardous waste.

(a) The Department shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:

1. (1) It exhibits any of the characteristics of hazardous waste identified in Subpart C.
   1. (2) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria will be designated Acute Hazardous Waste.)
      1. (3) It contains any of the toxic constituents listed in Appendix VIII and after considering the following factors, the Director concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:
         1. (i) The nature of the toxicity presented by the constituent.
         2. (ii) The concentration of the constituent in the waste.
         3. (iii) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in paragraph (a)(3)(vii) of this section.
         4. (iv) The persistence of the constituent or any toxic degradation product of the constituent.
         5. (v) The potential for the constituent or any toxic degradation product of the constituent to degrade into nonharmful constituents and the rate of degradation.
         6. (vi) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems.
         7. (vii) The plausible types of improper management to which the waste could be subjected.
         8. (viii) The quantities of the waste generated at individual generation sites or on a regional or national basis.
         9. (ix) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent.
         10. (x) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent.
         11. (xi) Such other factors as may be appropriate.

Substances will be listed on Appendix VIII only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms. (Wastes listed in accordance with these criteria will be designated Toxic wastes.) (b) The Director may list classes or types of solid waste as hazardous waste if he/she has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in Section 1004(5) of the Act.

(c) The Department will use the criteria for listing specified in this section to establish the exclusion limits referred to in §261.5(c).

Subpart C — Characteristics of Hazardous Waste §261.20 General (a) A solid waste, as defined in §261.2, which is not excluded from regulation as a hazardous waste under §261.4(b), is a hazardous waste if it exhibits any of the characteristics identified in this Subpart.

(b) A hazardous waste which is identified by a characteristic in this Subpart is assigned every EPA Hazardous Waste Number that is applicable as set forth in this Subpart. This number must be used in complying with the notification requirements of Part 99 of these regulations and all applicable recordkeeping and reporting requirements under Parts 262 through 266, Part 268, and Part 100.

(c) For purposes of this Subpart, the Department will consider a sample obtained using any of the applicable sampling methods specified in Appendix I to be a representative sample within the meaning of Part 260.

§261.21 Characteristic of ignitability.

(a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

1. (1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60°C (140°F), as determined by a Pensky- Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (incorporated by reference, see §260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM standard D-3278-78 (incorporated by reference, see §260.11), or a Miniflash Continuously Closed Cup Tester, using the test method specified in ASTM D-6450-99 (incorporated by reference, see §260.11), or as determined by an equivalent test method approved by the Department under the procedures set forth in §§260.20 and 260.21.
   1. (2) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.
      1. (3) It is an ignitable compressed gas as defined in 49 CFR §173.300 and as determined by the test methods described in that regulation or equivalent test methods approved by the Department under §§260.20 and 260.21.
         1. (4) It is an oxidizer as defined in 49 CFR §173.127.

(b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001.

§261.22 Characteristic of corrosivity.

(a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:

1. (1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040 in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in §260.11 of these regulations.
   1. (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55°C (130°F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69 as standardized in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods, “EPA Publication SW-846, as incorporated by reference in §260.11 of these regulations.

(b) A solid waste that exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number of D002.

§261.23 Characteristic of reactivity.

(a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

1. (1) It is normally unstable and readily undergoes violent change without detonating.
   1. (2) It reacts violently with water.
      1. (3) It forms potentially explosive mixtures with water.
         1. (4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
         2. (5) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5 can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
         3. (6) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
         4. (7) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
         5. (8) It is a forbidden explosive as defined in 49 CFR §173.54, or a Class 1, Division 1.1, 1.2, or
         6. 1.3 explosive as defined in 49 CFR §173.50.

(b) A solid waste that exhibits the characteristic of reactivity, has the EPA Hazardous Waste Number of D003.

§261.24 Toxicity Characteristic.

(a) A solid waste (except manufactured gas plant waste) exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, Test Method 1311 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846, as incorporated by reference in §260.11 of these regulations, the extract from a representative sample of the waste contains any of the contaminants listed in Table 1 at a concentration equal to or greater than the respective value given in that Table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this section.

(b) A solid waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number specified in Table 1 which corresponds to the toxic contaminant causing it to be hazardous. Table 1. #mdash# Contaminant 2 Regulatory Level (mg/L)

1. CASNo.
   1. Maximum Concentration of Contaminants for the Toxicity CharacteristicEPA HWNo.

      D004 Arsenic 7440-38-2 5.0 D005 Barium 7440-39-3 100.0 D018 Benzene 71-43-2 0.5 D006 Cadmium 7440-43-9 1.0 D019 Carbon tetrachloride 56-23-5 0.5 D020 Chlordane 57-74-9 0.03 D021 Chlorobenzene 108-90-7 100.0 D022 Chloroform 67-66-3 6.0 D007 Chromium 7440-47-3 5.0 D023 o-Cresol 95-48-7 4

      1. 200.0

      D024 m-Cresol 108-39-4 4

      1. 200.0

      D025 p-Cresol 106-44-5 4

      1. 200.0

      D026 Cresol — 4

      1. 200.0

      D016 2,4-D 94-75-7 10.0 D027. 1,4-Dichlorobenzene 106-46-7 7.5 D028 1,2-Dichloroethane 107-06-2 0.5 D029 1,1-Dichloroethylene 75-35-4 0.7 D030 2,4-Dinitrotoluene 121-14-2 3

      1. 0.13

      D012 Endrin 72-20-8 0.02 D031 Heptachlor (and its 76-44-8 0.008 epoxide)

      D032 Hexachlorobenzene 118-74-1 3

      1. 0.13

      D033 Hexachlorobutadiene 87-68-3 0.5 D034 Hexachloroethane 67-72-1 3.0 D008 Lead 7439-92-1 5.0 D013 Lindane 58-89-9 0.4 D009 Mercury 7439-97-6 0.2 D014 Methoxychlor 72-43-5 10.0 D035 Methyl ethyl ketone 78-93-3 200.0 D036 Nitrobenzene 98-95-3 2.0 D037 Pentachlorophenol 87-86-5 100.0 D038 Pyridine 110-86-1 3

      1. 5.0

      D010 Selenium 7782-49-2 1.0 D011 Silver 7440-22-4 5.0 D039 Tetrachloroethylene 127-18-4 0.7 D015 Toxaphene 8001-35-2 0.5 D040 Trichloroethylene 79-01-6 0.5 D041 2,4,5-Trichlorophenol 95-95-4 400.0 D042 2,4,6-Trichlorophenol 88-06-2 2.0 D017 2,4.5-TP (Silvex) 93-72-1 1.0 D043 Vinyl chloride 75-01-4 0.2 Hazardous waste number.

      1. Chemical abstracts service number.

         Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.

         If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used.

Subpart D — Lists of Hazardous Wastes §261.30 General.

(a) A solid waste is a hazardous waste if it is listed in this Subpart, unless it has been excluded from this list under §§260.20 and 260.22.

(b) The Department will indicate its basis for listing the classes or types of wastes listed in this Subpart by employing one or more of the following Hazard Codes:

1. Ignitable Waste (I)
   1. Corrosive Waste (C)

      Reactive Waste (R)

      Toxicity Characteristic (E)

      Waste Acute Hazardous Waste (H)

      Toxic Waste (T)

Appendix VII identifies the constituent which caused the Department to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste (T) in §§261.31 and 261.32.

(c) Each hazardous waste listed in this Subpart is assigned an EPA Hazardous Waste Number which precedes the name of the waste. This number must be used in complying with the notification requirements of CRS 1973, 25-15-301(2)(a) and (b) and certain recordkeeping and reporting requirements under Parts 262 through 266, Part 268, and Part 100.

(d) The following hazardous wastes listed in §261.31 or §261.32 are subject to the exclusion limits for acutely hazardous wastes established in §261.5: EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, F027.

§261.31 Hazardous wastes from non-specific sources.

(a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under §§260.20 and 260.22 and listed in Appendix IX. Industry and EPA Hazardous waste Hazard code hazardous waste No.

1. Generic:
   1. F001 The following spent (T)
      1. halogenated solvents used in degreasing:
         1. Tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005;

            and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

      F002 The following spent (T)

      1. halogenated solvents:
         1. Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1- trichloroethane, chlorobenzene, 1,1,2- trichloro-1,2,2- trifluoroethane, ortho- dichlorobenzene, trichlorofluoromethane, and 1,1,2-trichteroethane;

            all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

      F003 The following spent non- (I)* halogenated solvents:

      1. Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non- halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005;
         1. and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

      F004 The following spent non- (T)

      1. halogenated solvents:
         1. Cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non- halogenated solvents or those solvents listed in F001, F002, and F005;

            and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

      F005 The following spent non- (I,T)

      1. halogenated solvents:
         1. Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2- ethoxyethanol, and 2- nitropropane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non- halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

      F006 Wastewater treatment (T)

      1. sludges from electroplating operations except from the following processes: (1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis)
         1. on carbon steel; (4)

            aluminum or zinc- aluminum plating on carbon steel; (5)

            cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6)

            chemical etching and milling of aluminum.

      F007 Spent cyanide plating (R, T)

      1. bath solutions from electroplating operations.

      F008 Plating bath residues (R. T)

      1. from the bottom of plating baths from electroplating operations where cyanides are used in the process.

      F009 Spent stripping and (R, T)

      1. cleaning bath solutions from electroplating operations where cyanides are used in the process.

      F010 Quenching bath residues (R, T)

      1. from oil baths from metal heat treating operations where cyanides are used in the process.

      F011 Spent cyanide solutions (R, T)

      1. from salt bath pot cleaning from metal heat treating operations.

      F012 Quenching waste water (T)

      1. treatment sludges from metal heat treating operations where cyanides are used in the process.

      F019 Wastewater treatment (T)

      1. sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process.

      F020 Wastes (except (H)

      1. wastewater and spent carbon from hydrogen chloride purification)
         1. from the production or manufacturing use (as a reactant, chemical intermediate. or component in a formulating process) of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. (This listing does not include wastes from the production of Nexachlorophene from highly purified 2,4,5- trichlorophenol.).

      F021 Wastes (except (H)

      1. wastewater and spent carbon from hydrogen chloride purification)
         1. from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of pentachlorophenol, or of intermediates used to produce its derivatives.

      F022 Wastes (except (H)

      1. wastewater and spent carbon from hydrogen chloride purification)
         1. from the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta, or hexachlorobenzenes wider alkaline conditions.

      F023 Wastes (except (H)

      1. wastewater and spent cartoon from hydrogen chloride purification)
         1. from the production of materials on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- and tetrachlorophenols. (This listing does not include wastes from equipment used only for the production or use of Hexachlorophene from highly purified 2,4,5- trichlorephenol.).

      FO24 Process wastes, including (T)

      1. but not limited to, distillation residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in §261.31 or § 261.32.).

      F025 Condensed light ends, (T)

      1. spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution.

      F026 Wastes (except (H)

      1. wastewater and spent carbon from hydrogen chloride purification)
         1. from the production of materials on equipment previously used for the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzene under alkaline conditions.

      F027 Discarded unused (H)

      1. formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols.
         1. (This listing does not include formulations containing Hexachlorophene synthesized from prepurified 2,4,5- trichlorophenol as the sole component.).

      F028 Residues resulting from (T)

      1. the incineration or thermal treatment of soil contaminated with EPA Hazardous waste Nos.
         1. F020, F021, F022, F023, F026, and F027.

      F032 Wastewaters (except (T)

      1. those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations (except potentially cross- contaminated wastes that have had the F032 waste code deleted in accordance with §261.35 of these regulations or potentially cross- contaminated wastes that are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and where the generator does not resume or initiate use of chlorophenolic formulations). This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

      F034 Wastewaters (except (T)

      1. those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

      F035 Wastewaters (except (T)

      1. those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium.
         1. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

      F037 Petroleum refinery (T)

      1. primary oil/water/solids separation sludge-Any sludge generated from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in oil/water/solids separators; tanks and impoundments; ditches and other conveyances;
         1. sumps; and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non- contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological treatment units as defined in §261.31(b)(2)

            (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under §261.4(a)

            (13)(i), if those residuals are to be disposed of.

      F038 Petroleum refinery (T)

      1. secondary (emulsified)
         1. oil/water/solids separation sludge-Any sludge and/or float generated from the physical and/or chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries.

            Such wastes include, but are not limited to, all sludges and floats generated in: induced air flotation (IAF) units, tanks and impoundments, and all sludges generated in DAF units. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from non- contact once-through * cooling waters segregated for treatment from other process or oily cooling waters, sludges and floats generated in aggressive biological treatment units as defined in § 261.31(b)(2)

            (including sludges and floats generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and F037, and K048, and K051 wastes are not included in this listing.

      F039 Leachate (liquids that (T)

      1. have percolated through land disposed wastes)
         1. resulting from the disposal of more than one restricted waste classified as hazardous under support of this part.

            (Leachate resulting from the disposal of one or more of the following EPA Hazardous wastes and no other Hazardous Wastes retains its EPA Hazardous waste number (S): F020, FO21, F022, F026, F027, and/or F028.).

            * FOOTNOTE: (I,T) should be used to specify mixtures containing ignitable and toxic constituents.

(b) Listing Specific Definitions:

1. (1) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.
   1. (2)
      1. (i) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and (A) the units employ a minimum of 6 hp per million gallons of treatment volume; and either (B) the hydraulic retention time of the unit is no longer than 5 days; or (C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.
         1. (ii) Generators and treatment, storage, and disposal facilities have the burden of proving that their sludges are exempt from listing as FO37 and F038 wastes under this definition. Generators and treatment, storage, and disposal facilities must maintain, in their operating or other onsite records, documents and data sufficient to prove that: (A) the unit is an aggressive biological treatment unit as defined in this subsection; and (B) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually generated in the aggressive biological treatment unit.

            (3)

         2. (i) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
         3. (ii) For the purpose of the F038 listing, (A) sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and (B) floats are considered to be generated at the moment they are formed in the top of the unit. §261.32 Hazardous Waste from Specific Sources.

The following solid wastes are listed hazardous wastes from specific sources unless they are excluded under §§260.20 and 260.22 and listed in Appendix IX.

1. Industry and EPA Hazardous waste Hazard code hazardous waste No.
   1. Wood preservation:

      K001 Bottom sediment sludge (T)

      1. from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorephenol.

      Inorganic pigments:

      K002 Wastewater treatment (T)

      1. sludge from the production of chrome yellow and orange pigments.

      K003 Wastewater treatment (T)

      1. sludge from the production of molybdate orange pigments.

      K004 Wastewater treatment (T)

      1. sludge from the production of zinc yellow pigments.

      K005 Wastewater treatment (T)

      1. sludge from the production of chrome green pigments.

      K006 Wastewater treatment (T)

      1. sludge from the production of chrome oxide green pigments (anhydrous and hydrated).

      K007 Wastewater treatment (T)

      1. sludge from the production of iron blue pigments.

      KOO8 Oven residue from the (T)

      1. production of chrome oxide green pigments.

      Organic chemicals:

      K009 Distillation bottoms from (T)

      1. the production of acetaldehyde from ethylene.

      K010 Distillation side cuts from (T)

      1. the production of acetaldehyde from ethylene.

      K011 Bottom stream from the (R, T)

      1. wastewater stripper in the production of acrylonitrile.

      K013 Bottom stream from the (R,T)

      1. acetonitrile column in the production of acrylonitrile.

      K014 Bottoms from the (T)

      1. acetonitrile purification column in the production of acrylonitrile.

      K015 Still bottoms from the (T)

      1. distillation of benzyl chloride.

      K016 Heavy ends or distillation (T)

      1. residues from the production of carbon tetrachloride.

      K017 Heavy ends (still (T)

      1. bottoms) from the purification column in the production of epichlorohydrin.

      K018 Heavy ends from the (T)

      1. fractionation column in ethyl chloride production.

      K019 Heavy ends from the (T)

      1. distillation of ethylene dichloride in ethylene dichloride production.

      K020 Heavy ends from the (T)

      1. distillation of vinyl chloride in vinyl chloride monomer production.

      K021 Aqueous spent antimony (T)

      1. catalyst waste from fluoromethanes production.

      K022 Distillation bottom tars (T)

      1. from the production of phenol/acetone from cumene.

      K023 Distillation light ends (T)

      1. from the production of phthalic anhydride from naphthalene.

      K024 Distillation bottoms from (T)

      1. the production of phthalic anhydride from naphthalene.

      K025 Distillation bottoms from (T)

      1. the production of nitrobenzene by the nitration of benzene.

      K026 Stripping still tails from (T)

      1. the production of methy ethyl pyridines.

      K027 Centrifuge and distillation (R,T)

      1. residues from toluene diisocyanate production.

      K028 Spent catalyst from the (T)

      1. hydrochlorinator reactor in the production of 1,1,1- trichloroethane.

      K029 Waste from the product (T)

      1. steam stripper in the production of 1,1,1- trichloroethane.

      K030 Column bottoms or heavy (T)

      1. ends from the combined production of trichloroethylene and perchloroethylene.

      K083 Distillation bottoms from (T)

      1. aniline production.

      K085 Distillation or (T)

      1. fractionation column bottoms from the production of chlorobenzenes.

      K093 Distillation light ends (T)

      1. from the production of phthalic anhydride from ortho-xylene.

      K094 Distillation bottoms from (T)

      1. the production of phthalic anhydride from ortho- xylene.

      K095 Distillation bottoms from (T)

      1. the production of 1,1,1- trichloroethane.

      K096 Heavy ends from the (T)

      1. heavy ends column from the production of 1,1,1- trichloroethane.

      K103 Process residues from (T)

      1. aniline extraction from the production of aniline.

      K104 Combined wastewater (T)

      1. streams generated from nitrobenzene/aniline production.

      K105 Separated aqueous stream (T)

      1. from the reactor product washing step in the production of chlorobenzenes.

      K107 Column bottoms from (C,T)

      1. product separation from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

      K108 Condensed column (I,T)

      1. overheads from product separation and condensed reactor vent gases from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

      K109 Spent filter cartridges (T)

      1. from product purification from the production of 1, 1-dimethythydrazine (UDMH) from carboxylic acid hydrazides.

      K110 Condensed column (T)

      1. overheads from intermediate separation from the production of 1,1 -dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

      K111 Product washwaters from (C, T)

      1. the production of dinitrotoluene via nitration of toluene.

      K112 Reaction by-product (T)

      1. water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene.

      K113 Condensed liquid light (T)

      1. ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

      K114 Vicinals from the (T)

      1. purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

      K115 Heavy ends from the (T)

      1. purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrototuene.

      K116 Organic condensate from (T)

      1. the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine.

      K117 Wastewater from the (T)

      1. reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene.

      K118 Spent adsorbent solids (T)

      1. from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.

      K136 Still bottoms from the (T)

      1. purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.

      K149 Distillation bottoms from (T)

      1. the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups, (This waste does not include still bottoms from the distillation of benzoyl chloride.).

      K150 Organic residuals, (T)

      1. excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.

      K151 Wastewater treatment (T)

      1. sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- (or methyl-)
         1. chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.

      K156 Organic waste (including (T)

      1. heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates)
         1. from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2- propynyl n- butylcarbamate.).

      K157 Wastewaters (including (T)

      1. scrubber waters, condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2- propynyl -butylcarbamate.)

      K158 Bag house dusts and (T)

      1. filter/separation solids from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2- propynl n- butylcarbamate.).

      K159 Organics from the (T)

      1. treatment of thiocarbamate wastes K161 Purification solids (R,T)
         1. (including filtration, evaporation, and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and their salts. (This listing does not include K125 or K126).

      K174 Wastewater treatment (T)

      1. sludges from the production of ethylene dichloride or vinyl chloride monomer (including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater), unless the sludges meet the following conditions: (i)
         1. they are disposed of in a subtitle C or non- hazardous landfill licensed or permitted by the state or federal government; (ii) they are not otherwise placed on the land prior to final disposal; and (iii) the generator maintains documentation demonstrating that the waste was either disposed of in an on-site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off-site landfill. Respondents in any action brought to enforce the requirements of subtitle C must, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, demonstrate that they meet the terms of the exclusion set forth above.

            In doing so, they must provide appropriate documentation (e.g., contracts between the generator and the landfill owner/operator, invoices documenting delivery of waste to landfill, etc.) that the terms of the exclusion were met.

      K175 Wastewater treatment (T)

      1. sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process.

      Inorganic chemicals:

      K071 Brine purification muds (T)

      1. from the mercury cell process in chlorine production, where separately prepurified brine is not used K073 Chlorinated hydrocarbon (T)
         1. waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production.

      K106 Wastewater treatment (T)

      1. sludge from the mercury cell process in chlorine production.

      K176 Baghouse filters from the (E)

      1. production of antimony oxide, including filters from the production of intermediates (e.g., antimony metal or crude antimony oxide).

      KI77 Slag from the production (T)

      1. of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates (e.g., antimony metal or crude antimony oxide).

      K178 Residues from (T)

      1. manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process.

      Pesticides:

      K031 By-product salts (T)

      1. generated in the production of MSMA and cacodylic acid.

      K032 Wastewater treatment (T)

      1. sludge from the production of chlordane.

      K033 Wastewater and scrub (T)

      1. water from the chlorination of cyclopentadiene in the production of chlordane.

      K034 Filter solids from the (T)

      1. filtration of hexachlorocyclopentadien e in the production of chlordane.

      K035 Wastewater treatment (T)

      1. sludges generated in the production of creosote.

      K036 Still bottoms from (T)

      1. toluene reclamation distillation in the production of disulfoton.

      K037 Wastewater treatment (T)

      1. sludges from the production of disulfoton.

      K038 Wastewater from the (T)

      1. washing and stripping of phorate production.

      K039 Filter cake from the (T)

      1. filtration of diethylphosphorodithioic acid in the production of phorate.

      K040 Wastewater treatment (T)

      1. sludge from the production of phorate.

      K041 Wastewater treatment (T)

      1. sludge from the production of toxaphene.

      K042 Heavy ends or distillation (T)

      1. residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T.

      K043 2,6-Dichlorophenol waste (T)

      1. from the production of 2,4-D.

      K097 Vacuum stripper (T)

      1. discharge from the chlordane chlorinator in the production of chlordane.

      K098 Untreated process (T)

      1. wastewater from the production of toxaphene.

      K099 Untreated wastewater (T)

      1. from the production of 2,4-D.

      K123 Process wastewater (T)

      1. (including supernates, filtrates, and washwaters)
         1. from the production of ethylenebisdithiocarbami c acid and its salt.

      K124 Reactor vent scrubber (C,T)

      1. water from the production of ethylenebisdithiocarbami c acid and its salts.

      K125 Filtration, evaporation, (T)

      1. and centrifugation solids from the production of ethylenebisdithiocarbami c acid and its salts.

      K126 Baghouse dust and floor (T)

      1. sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbami c acid and its salts.

      K131 Wastewater from the (C,T)

      1. reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide.

      K132 Spent absorbent and (T)

      1. wastewater separator solids from the production of methyl bromide.

      Explosives:

      K044 Wastewater treatment (R)

      1. sludges from the manufacturing and processing of explosives.

      K045 Spent carbon from the (R)

      1. treatment of wastewater containing explosives.

      K046 Wastewater treatment (T)

      1. sludges from the manufacturing, formulation and loading of lead-based initiating compounds.

      K047 Pink/red water from TNT (R)

      1. operations.

      Petroleum refining:

      K048 Dissolved air flotation (T)

      1. (DAF) float from the petroleum refining industry.

      K049 Slop oil emulsion solids (T)

      1. from the petroleum refining industry.

      K050 Heat exchanger bundle (T)

      1. cleaning sludge from the petroleum refining industry.

      K051 API separator sludge (T)

      1. from the petroleum refining industry.

      K052 Tank bottoms (leaded) (T)

      1. from the petroleum refining industry.

      K169 Crude oil storage tank (T)

      1. sediment from petroleum refining operations K170 Clarified slurry oil tank (T)
         1. sediment and/or in-line filter/separation solids from petroleum refining operations.

      K171 Spent Hydrotreating (I,T)

      1. catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media).

      K172 Spent Hydrorefining (I,T)

      1. catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media).

      Iron and steel:

      K061 Emission control (T)

      1. dust/sludge from the primary production of steel in electric furnaces.

      K062 Spent pickle liquor (C,T)

      1. generated by steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and 332).

      Primary aluminum:

      K088 Spent potliners from (T)

      1. primary aluminum reduction.

      Secondary lead:

      K069 Emission control (T)

      1. dust/sludge from secondary lead smelting.
         1. (Note: This listing is stayed administratively for sludge generated from secondary acid scrubber systems. The stay will remain in effect until further administrative action is taken. If EPA takes further action affecting this stay, the Hazardous Waste Commission will publish a notice of the action in the Colorado Register).

      K100 Waste leaching solution (T)

      1. from acid leaching of emission control dust/sludge from secondary lead smelting.

      Veterinary pharmaceuticals:

      K084 Wastewater treatment (T)

      1. sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

      K101 Distillation tar residues (T)

      1. from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

      K102 Residue from the use of (T)

      1. activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

      Ink formulation:

      K086 Solvent washes and (T)

      1. sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead.

      Coking:

      K060 Ammonia still lime (T)

      1. sludge from coking operations.

      K087 Decanter tank tar sludge (T)

      1. from coking operations.

      K141 Process residues from the (T)

      1. recovery of coal tar, including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke by-products produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations).

      K142 Tar storage tank residues (T)

      1. from the production of coke from coal or from the recovery of coke by- products produced from coal.

      K143 Process residues from the (T)

      1. recovery of light oil, including, but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by- products produced from coal.

      K144 Wastewater sump (T)

      1. residues from light oil refining, including, but not limited to, intercepting or contamination sump sludges from the recovery of coke by-products produced from coal K145 Residues from (T)
         1. naphthalene collection and recovery operations from the recovery of coke by-products produced from coal.

      K147 Tar storage tank residues (T)

      1. from coal tar refining.

      K148 Residues from coal tar (T)

      1. distillation, including but not limited to, still bottoms.

      Military Munitions:

      K901 Waste chemical weapons (H)

      1. using or containing any chemical compound identified in Appendix VII of Part 261 as the basis for this listing.
         1. Residues resulting from treatment of hazardous wastes with the codes P909, P910 and P911 are included in this listing.

      K902 Any soil, water, debris, or (H)

      1. containers contaminated through contact with waste chemical weapons listed as K901 or hazardous wastes listed as P909, P910 or P911.

§261.33 Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof.

The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in §261.2(a)(2)(i), when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned a fuel, or when they are residues described in §261.33(d) and are not recycled in accordance with §261.2(e) within 90 days of the initial spill event.

(a) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f) of this section.

(b) Any off-specification commercial product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraphs (e) or (f) of this section.

(c) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section, unless the container is empty as defined in §261.7(b) of these regulations.

1. [Comment: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, EPA considers the residue to be intended for discard, and thus a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.].

(d) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (a) through (d) of this section, or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing intermediate which, if it met specifications, would have the generic name listed in paragraphs (e) or (f) of this section.

(e) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs

1. (a) through (d) of this section, are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in §261.5(e).
   1. [Comment: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity.] These wastes and their corresponding EPA Hazardous Waste Numbers are: Hazardous waste No. Chemical abstracts No. Substance Common Name P023 107-20-0 Acetaldehyde, chloro- Chloroacetaldehyde P002 591-08-2 Acetamide, N- 1-Acetyl-2-thiourea (aminothioxomethyl)- P057 640-19-7 Acetamide, 2-fluoro- Fluoroacetamide\ill\ide P058 62-74-8 Acetic acid, fluoro-, Fluoroacetic acid, sodium sodium salt salt P002 591-08-2 1-Acetyl-2-thiourea Same P003 107-02-8 Acrolein Same P070 116-06-3 Aldicarb Same P203 1646-88-4 Aldicarb sulfone Same P004 309-00-2 Aldrin Same P005 107-18-6 Allyl alcohol Same P006 20859-73-8 Aluminum phosphide (R, Same T)

      P007 2763-96-4 5-(Aminomethyl)-3- Musicmol isoxazolol P008 504-24-5 4-Aminopyridine Same P009 131-74-8 Ammonium picrate (R) Same P119 7803-55-6 Ammonium vandate Ammonium metavanadate P099 506-61-6 Argentate(1-), bis(cyano- Potassium silver cyanide C)-, potassium P010 7778-39-4 Arsenic acid H2ASO4 Arsenic acid P012 1327-53-3 Arsenic oxide As2O3 Arsenic trioxide P011 1303-28-2 Arsenic oxide As2O3 Arsenic pentoxide P011 1303-28-2 Arsenic pentoxide Same P012 1327-53-3 Arsenic trioxide Same P038 692-42-2 Arsine, diethyl- Diethylarsine P036 696-28-6 Arsonous dichloride, Dichlorophenylarsine phenyl- P054 151-56-4 Aziridine Ethyleneimine P067 75-55-8 Aziridine, 2-methyl- Propyleneimine P013 542-62-1 Barium cyanide Same P024 106-47-8 Benzenamine, 4-chloro- 4-Chloroaniline P077 100-01-6 Benzenamine, 4-nitro- 4-Nitroaniline P028 100-44-7 Benzene, (chloromethyl)- Benzyl chloride P042 51-43-4 1,2-Benzenediol, 4-[1- Epinephrine hydroxy-2- (methylamino)ethyl]-, (R)- P046 122-09-8 Benzeneethanamine, Phentermine alpha,alpha-dimethyl- P014 108-98-5 Benzenethiol Thiophenol P127 1563-66-2 7-Benzofuranol, 2,3- Carbofuran dihydro-2,2- dimethyl-,methylcarbama te P188 57-64-7 Benzoic acid, 2-hydroxy-, Physostigmine, salicylate compd. with (3aS-cis)- 1,2,3,3a,8,8a-hexahydro- 1,3a,8- trimethylpyrrolo[2,3-b] indol-5-yl methylcarbamate ester (1:1)

      P001 1 2H-1-Benzopyran-2-one, Warfarin salts, when 81-81-2 4-hydroxy-3-(3-oxo-1- present at concentrations phenylbutyl)-, & salts, greater than 0.3% when present at concentrations greater than 0.3% P028 100-44-7 Benzyl chloride Same P015 7440-41-7 Beryllium powder Same P017 598-31-2 Bromoacetone Same P018 357-57-3 Brucine Same P045 39196-18-4 2-Butanone, 3,3- Thiofanox dimethyl-1-(methylthio)-, 0- [methylamino)carbonyl] oxime P021 592-01-8 Calcium cyanide Same P021 592-01-8 Calcium cyanide Calcium cyanide Ca(CH)2 P189 55285-14-8 Carbamic acid, Carbosulfan [(dibutylamino)- thio]methyl-, 2,3- dihydro-2,2-dimethyl-7- benzofuranyl ester P191 644-64-4 Carbamic acid, dimethyl-, Dimetilan 1-[(dimethyl- amino)carbonyl]- 5- methyl-1H-pyrazol-3-yl ester P192 119-38-0 Carbamic acid, dimethyl-, Isolan 3-methyl-1- (1- methylethyl)-1H- pyrazol-5-yl ester P190 1129-41-5 Carbamic acid, methyl-, Metolcarb 3-methylphenyl ester P127 1563-66-2 Carbofuran Same P022 75-15-0 Carbon disulfide Same P095 75-44-5 Carbonic dichloride Phosgene P189 55285-14-8 Carbosulfan Same P023 107-20-0 Chloroacetaldehyde Same P024 106-47-8 p-Chloroaniline 4-Chloroaniline P026 5344-82-1 1-(o- 2-Chlorophenylthiourea Chlorophenyl)thiourea P027 542-76-7 3-Chloropropionitrile Same P029 544-92-3 Copper cyanide Same P029 544-92-3 Copper cyanide Cu(CN) Copper cyanide P202 64-00-6 m-Cumenyl Phenol, 3(1- methylcarbamate methylethyl)-, methylcarbamate P030 57-12-5 Cyanides (soluble Same cyanide salts), not otherwise specified P031 460-19-5 Cyanogen Same P033 506-77-4 Cyanogen chloride Same P033 506-77-4 Cyanogen chloride Cyanogen chloride (CN)Cl P034 131-89-5 2-Cyclohexyl-4,6- 2,4-Dinitro-6- dinitrophenol cyclohexylphenol P016 542-88-1 Dichloromethyl ether Bis(chloromethyl) ether P036 696-28-6 Dichlorophenylarsine Same P037 60-57-1 Dieldrin Same P038 692-42-2 Diethylarsine Same P041 311-45-5 Diethyl-p-nitrophenyl Paraoxon phosphate P040 297-97-2 O,O-Diethyl O-pyrazinyl Thionazin phosphorothioate P043 55-91-4 Diisopropylfluorophosph Same ate (DFP)

      P004 309-00-2 1,4,5,8- Aldrin Dimethanonaphthalene, 1,2,3,4,10,10-hexa- chloro-1,4,4a,5,8,8a,- hexahydro-, (1alpha,4alpha,4abeta,5al pha,8alpha,8abeta)- P060 465-73-6 1,4,5,8- Isodrin Dimethanonaphthalene, 1,2,3,4,10,10-hexa- chloro- 1,4a,5,8,8a- hexahydro-, (1alpha,4alpha,4abeta,5be ta,8beta,8abeta)- P037 60-57-1 2,7:3,6- Dieldrin Dimethanonaphth[2,3- b]oxirene, 3,4,5,6,9,9- hexachloro- 1a,2,2a,3,6,6a,7,7a- octahydro-, (1aalpha,2beta,2aalpha,3b eta,6beta,6aalpha,7beta,7 aalpha)- P051 1 2,7:3,6-Dimethanonaphth Endrin 72-20-8 [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro- 1a,2,2a,3,6,6a,7,7a- octahydro-, (1aalpha,2beta,2abeta,3al pha,6alpha,6abeta,7beta,7 aalpha)-, & metabolites P044 60-51-5 Dimethoate Same P046 122-09-8 alpha,alpha- Phentermine Dimethylphenethylamine P191 644-64-4 Dimetilan Same P047 1 4,6-Dinitro-o-cresol, & Same 534-52-1 salts P048 51-28-5 2,4-Dinitrophenol Same P020 88-85-7 Dinoseb Same P085 152-16-9 Diphosphoramide, Schradan octamethyl- P111 107-49-3 Diphosphoric acid, Tetraethyl pyrophosphate tetraethyl ester P039 298-04-4 Disulfoton Same P049 541-53-7 Dithiobiuret 2,4-Dithiobiuret P185 26419-73-8 1,3-Dithiolane-2- Tirpate carboxaldehyde,2,4- dimethyl-, 0- [(methylamino)- carbonyl]oxime P050 115-29-7 Endosulfan Same P088 145-73-3 Endothall Same P051 72-20-8 Endrin Same P051 72-20-8 Endrin, & metabolites Same P042 51-43-4 Epinephrine Same P031 460-19-5 Ethanedinitrile Cyanogen P066 16752-77-5 Ethanimidothioic acid, N- Methomyl [[(methylamino)carbonyl] oxy]-, methyl ester P194 23135-22-0 Ethanimidothioic acid, 2- Oxamyl (dimethylamino)-N- [[(methylamino)

      1. carbonyl]oxy]-2-oxo-, methyl ester.

      P101 107-12-0 Ethyl cyanide Propionitrile P054 151-56-4 Ethyleneimine Same P097 52-85-7 Famphur Same P056 7782-41-4 Fluorine Same P057 640-19-7 Fluoroacetamide Same P058 62-74-8 Fluoroacetic acid, sodium Sodium fluoroacetate salt P198 23422-53-9 Formetanate Same hydrochloride P197 17702-57-7 Formparanate Same P065 628-86-4 Fulminic acid, Mercury fulminate mercury(2+) salt (R,T)

      P059 76-44-8 Heptachlor Same P062 757-58-4 Hexaethyl tetraphosphate Same P116 79-19-6 Hydrazinecarbothioamide 1-Amino-2-thiourea P068 60-34-4 Hydrazine, methyl- Methyl hydrazine P063 74-90-8 Hydrocyanic acid Hydrogen cyanide P063 74-90-8 Hydrogen cyanide Same P096 7803-51-2 Hydrogen phosphide Phosphine P060 465-73-6 Isodrin Same P192 119-38-0 Isolan Same P202 64-00-6 3-Isopropylphenyl N- m-Cumenyl methylcarbamate methylcarbamate P007 2763-96-4 3(2H)-Isoxazolone, 5- Muscimol (aminomethyl)- P196 15339-36-3 Manganese, Manganese bis(dimethylcarbamodithi dimethyldithiocarbamate oato-S,S')- P196 15339-36-3 Manganese Same dimethyldithiocarbamate P092 62-38-4 Mercury, (acetato- Phenylmercury acetate 0)phenyl- P065 628-86-4 Mercury fulminate (R,T) Same P082 62-75-9 Methanamine, N-methyl- N-Nitrosodimethylamine N-nitroso- P064 624-83-9 Methane, isocyanato- Methyl isocyanate P016 542-88-1 Methane, oxybis[chloro- Bis(chloromethyl) ether P112 509-14-8 Methane, tetranitro- (R) Tetranitromethane P118 75-70-7 Methanethiol, trichloro- Trichloromethyl mercaptan P198 23422-53-9 Methanimidamide, N,N- Formetanate dimethyl-N'-[3- hydrochloride [[(methylamino)- carbonyl] oxy]phenyl]-, monohydrochloride P197 17702-57-7 Methanimidamide, N,N- Formparanate dimethyl-N'-[2-methyl-4- [[(methylamino)carbonyl] oxy]phenyl]- P050 115-29-7 6,9-Methano-2,4,3- Endosulfan benzodioxathiepin, 6,7,8,9,10,10- hexachloro-1,5,5a,6,9,9a- hexahydro-, 3-oxide P059 76-44-8 4,7-Methano-1H-indene, Heptachlor 1,4,5,6,7,8,8-heptachloro- 3a,4,7,7a-tetrahydro- P199 2032-65-7 Methiocarb Same P066 16752-77-5 Methomyl Same P068 60-34-4 Methyl hydrazine Same P064 624-83-9 Methyl isocyanate Same P069 75-86-5 2-Methyllactonitrile Acetone cyanohydrin P071 298-00-0 Methyl parathion Same P190 1129-41-5 Metolcarb Same P128 315-18-4 Mexacarbate Same P072 86-88-4 alpha-Naphthylthiourea Same P073 13463-39-3 Nickel carbonyl Same P073 13463-39-3 Nickel carbonyl Ni(CO)4, Nickel carbonyl (T-4)- P074 557-19-7 Nickel cyanide Same P074 557-19-7 Nickel cyanide Ni(CN)2, Nickel cyanide P075 1 Nicotine, & salts Same 54-11-5 P076 10102-43-9 Nitric oxide Same P077 100-01-6 p-Nitroaniline Same P078 10102-44-0 Nitrogen dioxide Same P076 10102-43-9 Nitrogen oxide NO Nitric Oxide P078 10102-44-0 Nitrogen oxide NO2 Nitrogen dioxide P081 55-63-0 Nitroglycerine (R) Nitroglycerin P082 62-75-9 N-Nitrosodimethylamine Same P084 4549-40-0 N- Same Nitrosomethylvinylamine P085 152-16-9 Octamethylpyrophosphor Schradan amide P087 20816-12-0 Osmium oxide OsO4, (T- Osmium tetroxide 4)- P087 20816-12-0 Osmium tetroxide Same P088 145-73-3 7- Endothall Oxabicyclo[2.2.1]heptane -2,3-dicarboxylic acid P194 23135-22-0 Oxamyl Same P089 56-38-2 Parathion Same P034 131-89-5 Phenol, 2-cyclohexyl-4,6- 2,4-Dinitro-6- dinitro- cyclohexylphenol P128 315-18-4 Phenol, 4- Mexacarbate (dimethylamino)-3,5- dimethyl-, methylcarbamate (ester)

      P199 2032-65-7 Phenol, (3,5-dimethyl-4- Methiocarb (methylthio)-, methylcarbamate P048 51-28-5 Phenol, 2,4-dinitro- 2,4-Dinitrophenol P047 1 Phenol, 2-methyl-4,6- 4,6-Dinitro-o-cresol, & 534-52-1 dinitro-, & salts salts P202 64-00-6 Phenol, 3-(1- m-Cumenyl methylethyl)-, methyl methylcarbamate carbamate P201 2631-37-0 Phenol, 3-methyl-5-(1- Promecarb methylethyl)-, methyl carbamate P020 88-85-7 Phenol, 2-(1- Dinoseb methylpropyl)-4,6- dinitro- P009 131-74-8 Phenol, 2,4,6-trinitro-, Ammonium picrate ammonium salt (R)

      P092 62-38-4 Phenylmercury acetate Same P093 103-85-5 Phenylthiourea Same P094 298-02-2 Phorate Same P095 75-44-5 Phosgene Same P096 7803-51-2 Phosphine Same P041 311-45-5 Phosphoric acid, diethyl Paraoxon 4-nitrophenyl ester P039 298-04-4 Phosphorodithioic acid, Disulfoton O,O-diethyl S-[2- (ethylthio)ethyl] ester P094 298-02-2 Phosphorodithioic acid, Phorate O,O-diethyl S- [(ethylthio)methyl] ester P044 60-51-5 Phosphorodithioic acid, Dimethoate O,O-dimethyl S-[2- (methylamino)-2- oxoethyl] ester P043 55-91-4 Phosphorofluoridic acid, Diisopropylfluorophosph bis(1-methylethyl) ester ate (DFP)

      P089 56-38-2 Phosphorothioic acid, Parathion O,O-diethyl O-(4- nitrophenyl) ester P040 297-97-2 Phosphorothioic acid, Thionazin O,O-diethyl O-pyrazinyl ester P097 52-85-7 Phosphorothioic acid, O- Famphur [4- [(dimethylamino)sulfonyl ]phenyl]O,O-dimethyl ester P071 298-00-0 Phosphorothioic acid, Methyl parathion O,O,-dimethyl O-(4- nitrophenyl) ester P204 57-47-6 Physostigmine Same P188 57-64-7 Physostigmine salicylate Same P110 78-00-2 Plumbane, tetraethyl- Tetraethyl lead P098 151-50-8 Potassium cyanide Same P098 151-50-8 Potassium cyanide K(CN) Potassium cyanide P099 506-61-6 Potassium silver cyanide Same P201 2631-37-0 Promecarb Same P203 1646-88-4 Propanal, 2-methyl-2- Aldicarb sulfone (methyl-sulfonyl)-, O- [(methylamino) carbonyl] oxime P070 116-06-3 Propanal, 2-methyl-2- Aldicarb (methylthio)-,O- [(methylamino)carbonyl] oxime P101 107-12-0 Propanenitrile Propionitrile P027 542-76-7 Propanenitrile, 3-chloro- 3-Chloropropionitrile P069 75-86-5 Propanenitrile, 2- Acetone cyanohydrin hydroxy-2-methyl- P081 55-63-0 1,2,3-Propanetriol, Nitroglycerin trinitrate (R)

      P017 598-31-2 2-Propanone, 1-bromo- Bromoacetone P102 107-19-7 Propargyl alcohol Same P003 107-02-8 2-Propenal Acrolein P005 107-18-6 2-Propen-1-ol Allyl alcohol P067 75-55-8 1,2-Propylenimine Same P102 107-19-7 2-Propyn-1-ol Propargyl alcohol P008 504-24-5 4-Pyridinamine 4-aminopyridine P075 1 Pyridine, 3-(1-methyl-2- Nicotine, & Nicotine salts 54-11-5 pyrrolidinyl)-, (S)-, & salts P204 57-47-6 Pyrrolo[2,3-b]indol-5-ol, Physostigmine 1,2,3,3a,8,8a-hexahydro- 1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)- P114 12039-52-0 Selenious acid, Thallium selenide dithallium(1+) salt P103 630-10-4 Selenourea Same P104 506-64-9 Silver cyanide Same P104 506-64-9 Silver cyanide Ag(CN) Silver cyanide P105 26628-22-8 Sodium azide Same P106 143-33-9 Sodium cyanide Same P106 143-33-9 Sodium cyanide Na(CN) Sodium cyanide P108 1 Strychnidin-10-one, & Strychnine, & salts 57-24-9 salts P018 357-57-3 Strychnidin-10-one, 2,3- Brucine dimethoxy- P108 1 Strychnine, & salts Same 57-24-9 P115 7446-18-6 Sulfuric acid, Thallous sulfate dithallium(1+) salt P109 3689-24-5 Tetraethyldithiopyrophos Dithion phate P110 78-00-2 Tetraethyl lead Same P111 107-49-3 Tetraethyl pyrophosphate Same P112 509-14-8 Tetranitromethane (R) Same P062 757-58-4 Tetraphosphoric acid, hexaethyl tetraphosphate hexaethyl ester P113 1314-32-5 Thallic oxide Same P113 1314-32-5 Thallium oxide Tl2O3 Thallic oxide P114 12039-52-0 Thallium(I) selenite Thallium selenide P115 7446-18-6 Thallium(I) sulfate Same P109 3689-24-5 Thiodiphosphoric acid, Dithion tetraethyl ester P045 39196-18-4 Thiofanox Same P049 541-53-7 Thioimidodidicarbonic 2,4-Dithiobiuret diamide [(H2N)C(S)]2NH P014 108-98-5 Thiophenol Same P116 79-19-6 Thiosemicarbazide 1-amino-2-thioured P026 5344-82-1 Thiourea, (2- N-(2- chlorophenyl)- Chlorophenyl)thiourea P072 86-88-4 Thiourea, 1-naphthalenyl- alpha-Naphthylthiourea P093 103-85-5 Thiourea, phenyl- 1-Phenyl-2-thiourea P185 26419-73-8 Tirpate Same P123 8001-35-2 Toxaphene Same P118 75-70-7 Trichloromethanethiol Trichloroethyl mercaptan P119 7803-55-6 Vanadic acid, ammonium Ammonium salt metavanadate P120 1314-62-1 Vanadium oxide V2O5 Vanadium pentoxide P120 1314-62-1 Vanadium pentoxide Same P084 4549-40-0 Vinylamine, N-methyl-N- N- nitroso- Nitrosomethylvinylamine P001 1 Warfarin, & salts, when Same 81-81-2 present at concentrations greater than 0.3% P205 137-30-4 Zinc, Ziram bis(dimethylcarbamodithi oato-S,S')- P121 557-21-1 Zinc cyanide Same P121 557-21-1 Zinc cyanide Zn(CN), Zinc cyanide P122 1314-84-7 Zinc phosphide Zn3P2, Same when present at concentrations greater than 10% (R,T)

      P205 137-30-4 Ziram Same 2 505-60-2 bis(2-chloroethyl)sulfide Mustard, Mustard Agent, P909 (Residues resulting from Mustard Gas, H, HD treatment of this waste are included in the K901 listing and do not carry the P909 code. Soils, water, debris, or containers contaminated with this waste are included in the K902 listing and do not carry the P909 code.)

      1. 2 505-60-2, 63918-89-8 bis(2-chloroethyl)sulfide Mustard, Mustard Agent, P910 and bis (2- Mustard Gas, HT, chloroethylthio)ethyl Mustard T ether (Residues resulting from treatment of this waste are included in the K901 listing and do not carry the P910 code.
         1. Soils, water, debris, or containers contaminated with this waste are included in the K902 listing and do not carry the P910 code.)

      P911 107-44-8 O-isopropyl GB,Sarin methylphosphonofluorida te (Residues resulting from treatment of this waste are included in the K901 listing and do not carry the P911 code.

      1. Soils, water, debris, or containers contaminated with this waste are included in the K901 listing and do not carry the P911 code.)

      FOOTNOTE: CAS Number given for parent compound only.

      1. H- Mustard made by the Levinstein process;

      typically has 25% impurities.

      HD- Distilled mustard containing 5% impurities.

      HT- 60:40 mixture of HD and T.

      T- bis(2- chloroethylthio)ethyl ether.

(f) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in §261.5(a) and (g).

1. [Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity.] These wastes and their corresponding EPA Hazardous Waste Numbers are: Hazardous waste No. Chemical abstracts No. Substance Common Name U394 30558-43-1 A2213 Same U001 75-07-0 Acetaldehyde (I) Same U034 75-87-6 Acetaldehyde, trichloro- Chloral U187 62-44-2 Acetamide, N-(4- Phenacetin ethoxyphenyl)- U005 53-96-3 Acetamide, N-9H- 2-Acetylaminofluorene fluoren-2-yl- U240 1 Acetic acid, (2,4- 2,4-0 94-75-7 dichlorophenoxy)-, salts & esters U112 141-78-6 Acetic acid ethyl ester (I) Ethyl acetate U144 301-04-2 Acetic acid, lead(2+) salt Lead acetate U214 563-68-8 Acetic acid, thallium(1+) Thallium (I) acetate salt see F027 93-76-5 Acetic acid, (2,4,5- 2,4,5-T trichlorophenoxy)- U002 67-64-1 Acetone (I) Same U003 75-05-8 Acetonitrile (I,T) Same U004 98-86-2 Acetophenone Same U005 53-96-3 2-Acetylaminofluorene Same U006 75-36-5 Acetyl chloride (C,R,T) Same U007 79-06-1 Acrylamide Same U008 79-10-7 Acrylic acid (I) Same U009 107-13-1 Acrylonitrile Same U011 61-82-5 Amitrole Same U012 62-53-3 Aniline (I,T) Same U136 75-60-5 Arsinic acid, dimethyl- Dimethylarsenic acid U014 492-80-8 Auramine Same U015 115-02-6 Azaserine Same U010 50-07-7 Azirino[2',3':3,4]pyrrolo[ Nitomycin C 1,2-a] indole-4,7-dione, 6-amino-8- [[(aminocarbonyl)oxy]me thyl]-1,1a,2,8,8a,8b- hexahydro-8a-methoxy-5- methyl-, [1aS- (1aalpha,8beta,8aalpha,8b alpha)]- U280 101-27-9 Barban Same U278 22781-23-3 Bendiocarb Same U364 22961-82-6 Bendiocarb phenol Same U271 17804-35-2 Benomyl Same U157 56-49-5 Benz[i]aceanthrylene, 3-Methylcholanthrene 1,2-dihydro-3-methyl- U016 225-51-4 Benz[c]acridine Same U017 98-87-3 Benzal chloride Same U192 23950-58-5 Benzamide, 3,5-dichloro- Pronamide N-(1,1-dimethyl-2- propynyl)- U018 56-55-3 Benz[a]anthracene Same U094 57-97-6 Benz[a]anthracene, 7,12- 7,12- dimethyl- Dimethylbenz[a]anthrace ne U012 62-53-3 Benzenamine (I,T) Aniline U014 492-80-8 Benzenamine, 4,4'- Auramine carbonimidoy(bis[N,N- dimethyl- U049 3165-93-3 Benzenamine, 4-chloro-2- 4-Chloro-o-toluidine methyl-,hydrochloride hydrochloride U093 60-11-7 Benzenamine, N,N- 4- dimethyl-4-(phenylazo)- (Dimethylamino)azobenz ene U328 95-53-4 Benzenamine, 2-methyl- 2-aminotoluene U353 106-49-0 Benzenamine, 4-methyl- 4-aminotoluene U158 101-14-4 Benzenamine, 4,4'- 4,4'-Methylenebis(2- methylenebis[2-chloro- chloroaniline)
   1. U222 636-21-5 Benzenamine, 2- 2-Methylaniline methyl-,hydrochloride hydrochloride U181 99-55-8 Benzenamine, 2-methyl- 5-Nitro-o-toluidine 5-nitro- U019 71-43-2 Benzene (I,T) Same U038 510-15-6 Benzeneacetic acid, 4- Chlorobenzilate chloro-alpha-(4- chlorophenyl)-alpha- hydroxy-,ethyl ester U030 101-55-3 Benzene, 1-bromo-4- 4-Bromophenyl phenyl phenoxy- ether U035 305-03-3 Benzenebutanoic acid, 4- Chlorambucil [bis(2- chloroethyl)amino]- U037 108-90-7 Benzene, chloro- Chlorobenzene U221 25376-45-8 Benzenediamine, ar- Toluenediamine methyl- U028 117-81-7 1,2-Benzenedicarboxylic Diethylhexyl phthalate acid, bis(2-ethylhexyl)
      1. ester U069 84-74-2 1,2-Benzenedicarboxylic Dibutyl phthalate acid, dibutyl ester U088 84-66-2 1,2-Benzenedicarboxylic Diethyl phthalate acid, diethyl ester U102 131-11-3 1,2-Benzenedicarboxylic Dimethyl phthalate acid, dimethyl ester U107 117-84-0 1,2-Benzenedicarboxylic Di-n-octyl phthalate acid, dioctyl ester U070 95-50-1 Benzene, 1,2-dichloro- 1,2-Dichlorobenzene U071 541-73-1 Benzene, 1,3-dichloro- 1,3-Dichlorobenzene U072 106-46-7 Benzene, 1,4-dichloro- 1,4-Dichlorobenzene U060 72-54-8 Benzene, 1,1'-(2,2- DDD dichloroethylidene)bis[4- chloro- U017 98-37-3 Benzene, Benzal chloride (dichloromethyl)- U223 26471-62-5 Benzene, 1,3- Toluene diisocyanate diisocyanatomethyl- (R,T)

      U239 1330-20-7 Benzene, dimethyl- (I,T) Xylene U201 108-46-3 1,3-Benzenediol Resorcinol U127 118-74-1 Benzene, hexachloro- Hexachlorobenzene U056 110-82-7 Benzene, hexahydro- (I) Cyclohexane U220 108-88-3 Benzene, methyl- Toluene U105 121-14-2 Benzene, 1-methyl-2,4- 2,4-Dinitrotoluene dinitro- U106 606-20-2 Benzene, 2-methyl-1,3- 2,6-Dinitrotoluene dinitro- U055 98-82-8 Benzene, (1- Cumene methylethyl)- (I)

      U169 98-95-3 Benzene, nitro- Nitrobenzene U183 608-93-5 Benzene, pentachloro- Pentachlorobenzene U185 82-68-8 Benzene, Pentachloronitrobenzene pentachloronitro- (PCNB)

      U020 98-09-9 Benzenesulfonic acid Benzenesulfonyl chloride chloride (C,R)

      U020 98-09-9 Benzenesulfonyl chloride Same (C,R)

      U207 95-94-3 Benzene, 1,2,4,5- 1,2,4,5- tetrachloro- Tetrachlorobenzene U061 50-29-3 Benzene, 1,1'-(2,2,2- DDT trichloroethylidene)bis[4- chloro- U247 72-43-5 Benzene, 1,1'-(2,2,2- Methoxychlor trichloroethylidene)bis[4- methoxy- U023 98-07-7 Benzene, Benzotrichloride (trichloromethyl)- U234 99-35-4 Benzene, 1,3,5-trinitro- 1,3,5-Trinitrobenzene U021 92-87-5 Benzidine Same U202 1 1,2-Benzisothiazol- Saccharin 81-07-2 3(2H)-one, 1,1-dioxide, & salts U278 22781-23-3 1,3-Benzodioxol-4-ol, Bendiocarb 2,2-dimethyl-, methyl carbamate U364 22961-82-6 1,3-Benzodioxol-4-ol, Bendiocarb phenol 2,2-dimethyl- U203 94-59-7 1,3-Benzodioxole, 5-(2- Safrole propenyl)- U141 120-58-1 1,3-Benzodioxole, 5-(1- Isosafrole propenyl)- U090 94-58-6 1,3-Benzodioxole, 5- Dihydrosafrole propyl- U367 1563-38-8 7-Benzofuranol, 2,3- Carbofuran phenol dihydro-2,2-dimethyl U064 189-55-9 Benzo [rst] pentaphene Dibenzo[a, i]pyrene U248 1 24-1-Benzopyran-2-one, Warfarin 81-81-2 4-hydroxy-3-(3-oxo-1- phenyl-butyl)-, & salts, when present at concentrations of 0.3% or less U022 50-32-8 Benzo [a] pyrene Same U197 106-51-4 p-Benzoquinone 1,4-Benzoquinone U023 98-07-7 Benzotrichloride (C, R, Same T)

      U085 1464-53-5 2,2'-Bioxirane 1,2:3,4-Diepoxybutane U021 92-87-5 [1,1'-Biphenyl]-4,4'- Benzidine diamine U073 91-94-1 [1,1'-Biphenyl]-4,4'- 3,3'-Dichlorobenzidine diamine, 3,3'-dichloro- UC091 119-90-4 [1,1'-Biphenyl] -4,4'- 3,3'-Dimethoxybenzidine diamine, 3,3'-dimethoxy- U095 119-93-7 [1,1'-Biphenyl] -4,4'- 3,3'-Dimethylbenzidine diamine, 3,3'-dimethyl- U225 75-25-2 Bromoform Tribromomethane U030 101-55-3 4-Bromophenyl phenyl P-Bromophenyl phenyl ether ether U128 87-68-3 1,3-Butadiene, Hexachloro-1,3-butadiene 1,1,2,3,4,4-hexachloro- U172 924-16-3 1-Butanamine, N-butyl- N-N-Dibutylnitrosoamine N-nitroso- U031 71-36-3 1-Butanol (I) N-Butyl alcohol U159 78-93-3 2-Butanone (I, T) Methyl ethyl ketone (MEK)

      U160 1338-23-4 2-Butanone, peroxide (R, Methyl ethyl ketone

      1. T) peroxide U053 4170-30-3 2-Butenal Crotoneldehyde U074 764-41-0 2-Butene, 1,4-dichloro- 1,4-Dichloro-2-butene (I, T)

      U143 303-34-4 2-Butenoic acid, 2- Lasiocarpine methyl-, 7-[[2,3- dihydroxy- 2-(1- methoxyethyl)-3-methyl- 1-oxobutoxylmethyl]- 2,3,5,7a-tetrahydro-1H- pyrrolizin-1-yl ester, [1S- [1alpha(Z),7(2S*,3R*),7a alphal]- U031 71-36-3 n-Butyl alcohol (I) Butanol U136 75-60-5 Cacodylic acid Same U032 13765-19-0 Calcium chromate Same U372 10605-21-7 Carbamic acid, 1H- Carbendazim benzimidazol-2-yl,methyl ester U271 17804-35-2 Carbamic acid, [1- Benomyl [(butylamino)carbonyl]- 1H-benzimidazol-2-yl]-, methyl ester U280 101-27-9 Carbamic acid, (3- Barban chlorophenyl)-, 4-chloro- 2-butynyl ester U238 51-79-6 Carbamic acid, ethyl ester Ethyl carbonate (urethane)

      U178 615-53-2 Carbamic acid, N-Nitroso-N- methylnitroso-, ethyl methylurethane ester U373 122-42-9 Carbamic acid, phenyl-, Propham 1-methylethyl ester U409 23564-05-8 Carbamic acid, [1,2- Thiophanate-methyl phenylenebis (iminocarbonothioyl)]bis- , dimethyl ester U097 79-44-7 Carbamic chloride, Dimethylcarbamoyl dimethyl- chloride U114 1 Carbamodithioic acid, Ethylenebisdithiocarbami 111-54-6 1,2-ethanediylbis-, salts c acid & esters U062 2303-16-4 Carbamothioic acid, Diallate bis(1-methylethyl)-, S- (2,3-dichloro-2-propenyl)

      1. ester U389 2303-17-5 Carbamothioic acid, Triallate bis(1-methylethyl)-, S- (2,3,3-trichloro-2- propenyl) ester U387 52888-80-9 Carbamothioic acid, Prosulfocarb dipropyl-, S- (phenylmethyl) ester U279 63-25-2 Carbaryl Same U372 10605-21-7 Carbendazim Same U367 1563-38-8 Carbofuran phenol Same U215 6533-73-9 Carbonic acid, Thallium (I) carbonate dithallium(1+) salt U033 353-50-4 Carbonic difluoride Carbon oxyfluoride U156 79-22-1 Carbonochloridic acid, Methyl chlorocarbonate methyl ester (I, T)

      U033 353-50-4 Carbon oxyfluoride (R, Same T)

      U211 56-23-5 Carbon tetrachloride Same U034 75-87-6 Chloral Same U035 305-03-3 Chlorambucil Same U036 57-74-9 Chlordane, alpha & Same gamma isomers U026 494-03-1 Chlornaphazin Same U037 108-90-7 Chlorobenzene Same U038 510-15-6 Chlorobenzilate Same U039 59-50-7 p-Chloro-m-cresol Same U042 110-75-8 2-Chloroethyl vinyl ether Same U044 67-66-3 Chloroform Same U046 107-30-2 Chloromethyl methyl Same ether U047 91-58-7 beta-Chloronaphthalene Same U048 95-57-8 o-Chlorophenol Same U049 3165-93-3 4-Chloro-o-toluidine, Same hydrochloride U032 13765-19-0 Chromic acid H2CrO4, Calcium chromate calcium salt U050 218-01-9 Chrysene Same U051 Creosote Same U052 1319-77-3 Cresol (Cresylic acid) Same U053 4170-30-3 Crotonaldehyde Same U055 98-82-8 Cumene (I) Same U246 506-68-3 Cyanogen bromide Cyanogen bromide (CN)Br U197 106-51-4 2,5-Cyclohexadiene-1,4- 1,4-Benzoquinone dione U056 110-82-7 Cyclohexane (I) Same U129 58-89-9 Cyclohexane, 1,2,3,4,5,6- Lindane hexachloro-, (1alpha,2alpha,3beta,4alp ha,5alpha,6beta)- U057 108-94-1 Cyclohexanone (I) Same U130 77-47-4 1,3-Cyclopentadiene, Hexachlorocyclopentadie 1,2,3,4,5,5-hexachloro- ne U058 50-18-0 Cyclopnosphamide Same U240 1 2,4-D, salts & esters Same 94-75-7 U059 20830-81-3 Daunomycin Same U060 72-54-8 DOD Same U061 50-29-3 DOT Same U062 2303-16-4 Diallate Same U063 53-70-3 Dibenz[a,h] anthracene Same U064 189-55-9 Dibenzo[a, i]pyrene Same U066 96-12-8 1,2-Dibromo-3- Same chloropropane U069 84-74-2 Dibutyl phthalate Same U070 95-50-1 o-Dichlorobenzene Same U071 541-73-1 m-Dichlorobenzene Same U072 106-46-7 p-Dichlorobenzene Same U073 91-94-1 3,3'-Dichlorobenzidine Same U074 764-41-0 1,4-Dichloro-2-butene (I, Same T)

      U075 75-71-8 Dichlorodifluoromethane Same U078 75-35-4 1,1-Dichloroethylene Same U079 156-60-5 1,2-Dichloroethylene Same U025 111-44-4 Dichloroethyl ether Same U027 108-60-1 Dichloroisopropyl ether Same U024 111-91-1 Dichloromethoxy ethane Same U081 120-83-2 2,4-Dichlorophenol Same U082 87-65-0 2,6-Dichlorophenol Same U084 542-75-6 1,3-Dichloropropene Same U085 1464-53-5 1,2:3,4-Diepoxybutane (I, Same T)

      U395 5952-26-1 Diethylene glycol, Same dicarbamete U108 123-91-1 1,4-Diethyleneoxide Same U023 117-81-7 Diethylhexyl phthalate Same U086 1615-80-1 N,N'-Diethylhydrazine Same U087 3258-58-2 O,O-Diethyl S-methyl Same dithiophosphate U088 84-66-2 Diethyl phthalate Same U089 56-53-1 Diethylstilbesterol Same U090 94-58-6 Dihydrosafrole Same U091 119-90-4 3,3'-Dimethoxybenzidine Same U092 124-40-3 Dimethylamine (I) Same U093 60-11-7 p- Same Dimethylaminoazobenzen e U094 57-97-6 7,12-Dimethylbenz[a] Same anthracene U095 119-93-7 3,3'-Dimethylbenzidine Same U096 80-15-9 alpha,alpha- Cumene hydroperoxide Dimethylbenzylhydroper oxide (R)

      U097 79-44-7 Dimethylcarbamoyl Same chloride U098 57-14-7 1,1-Dimethylhydrazine Same U099 540-73-8 1,2-Dimethylthydrazine Same U101 105-67-9 2,4-Dimethylphenol Same U102 131-11-3 Dimethyl phthalate Same U103 77-78-1 Dimethyl sulfate Same U105 121-14-2 2,4-Dinitrotoluene Same U106 606-20-2 2,6-Dinitrotoluene Same U107 117-84-0 Di-n-octyl phthalate Same U108 123-91-1 1,4-Dioxane Same U109 122-66-7 1,2-Diphenylthydrazine Same U110 142-84-7 Dipropylamine (I) Same U111 621-64-7 Di-n-propylnitrosamine Same U041 106-89-8 Epichlorohydrin Same U001 75-07-0 Ethanal (I) Acetaldehyde U404 121-44-8 Ethanamine, N,N-diethyl- Triethylamine U174 55-18-5 Ethanomine, N-ethyl-N- N-Nitrosodiethylamine nitroso- U155 91-80-5 1,2-Ethanediamine, N,N- Methapyrilene dimethyl-N'-2-pyridinyl- N'-(2-thienylamethyl)- U067 106-93-4 Ethane, 1,2-dibromo- Ethylene dibromide U076 75-34-3 Ethane, 1,1-dichloro- 1,1-Dichloroethane U077 107-06-2 Ethane, 1,2-dichloro- 1,2-Dichloroethane U131 67-72-1 Ethane, hezachloro- Hexachloroethane U024 111-91-1 Ethane, 1,1'- Dichloromethoxy ethane (methylenebis(oxy)]bis[2- chloro- U117 60-29-7 Ethane, 1,1'-oxybis-(I) Ethyl ether U025 111-44-4 Ethane, 1,1'-oxybis(2- Dichloroethyl ether chloro- U184 76-01-7 Ethane, pentachloro- Pentachloroethane U208 630-20-6 Ethane, 1,1,1,2- 1,1,1,2-Tetrachloroethane tetrachloro- U209 79-34-5 Ethane, 1,1,2,2- 1,1,2,2-Tetrachloroethane tetrachloro- U218 62-55-5 Ethanethioamide Thioacetamide U226 71-55-6 Ethane, 1,1,1-trichloro- 1,1,1-Trichloroethane U227 79-00-5 Ethane, 1,1,2-trichloro- 1,1,2-Trichloroethane U410 59669-26-0 Ethanimidothioic acid, Thiodicarb N,N'- [thiobis[(methylimino)car bonyloxy]] bis-, dimethyl ester U394 30558-43-1 Ethanimidothioic acid, 2- A2213 (dimethylamino)-N- hydroxy-2-oxo-,methyl ester U359 110-80-5 Ethanol, 2-ethoxy- Ethylene glycol monoethyl ether U173 1116-54-7 Ethanol, 2,2'- N-Nitrosodiethanolamine (nitrosoimino)bis- U395 5952-26-1 Ethanol, 2,2'-oxybis-, Diethylene glycol, dicarbamate dicarbamate U004 98-86-2 Ethanone, 1-phenyl- Acetophenone U043 75-01-4 Ethene, chloro- Vinyl chloride U042 110-75-8 Ethene, (2-chloroethoxy)- 2-Chloroethyl vinyl ether U078 75-35-4 Ethene, 1,1-dichloro- 1,1-Dichloroethylene U079 156-60-5 Ethene, 1,2-dichloro-, 1,2-Dichloroethylene (E)- U210 127-18-4 Ethene, tetrachloro- Tetrachloroethylene U228 79-01-6 Ethene, trichloro- Trichloroethylene U112 141-78-6 Ethyl acetate (I) Same U113 140-88-5 Ethyl acrylate (I) Same U238 51-79-6 Ethyl carbamate Same (urethane)

      U117 60-29-7 Ethyl ether (I) Same U114 1 Ethylenebisdithiocarbami Same 111-54-6 c acid, salts & esters U067 106-93-4 Ethylene dibromide Same U077 107-06-2 Ethylene dichloride Same U359 110-80-5 Ethylene glycol Same monoethyl ether U115 75-21-8 Ethylene oxide (I, T) Same U116 96-45-7 Ethylenethiourea Same U076 75-34-3 Ethylidene dichloride Same U118 97-63-2 Ethyl methacrylate Same U119 62-50-0 Ethyl methanesul fonate Same U120 206-44-0 Fluoranthene Same U122 50-00-0 Formaldehyde Same U123 64-18-6 Formic acid (C, T) Same U124 110-00-9 Furan (I) Same U125 98-01-1 2-Furancarboxaldehyde Furfural (I)

      U147 108-31-6 2,5-Furandione Maleic anhydride U213 109-99-9 Furan, tetrahydro-(I) Tetrahydrofuran U125 98-01-1 Furfural (I) Same U124 110-00-9 Furfuran (I) Same U206 18883-66-4 Glucopyranose, 2-deoxy- Streptozotocin 2-(3-methyl-3- nitrosoureido)-, 0- U206 18883-66-4 D-Glucose, 2-deoxy-2- Streptozotocin [[(methylnitrosoamino)- carbonyl]amino] - U126 765-34-4 Glycidylaldehyde Same U163 70-25-7 Guanidine, N-methyl-N'- MNNG nitro-N-nitroso- U127 118-74-1 Hexachlorobenzene Same U128 87-68-3 Nexachlorobutadiene Same U130 77-47-4 Hexachlorocyclopentadie Same ne U131 67-72-1 Hexachloroethane Same U132 70-30-4 Hexachlorophene Same U243 1888-71-7 Hexachloropropene Same U133 302-01-2 Hydrazine (R, T) Same U086 1615-80-1 Hydrazine, 1,2-diethyl- N,N-Diethylhydrazine U098 57-14-7 Hydrazine, 1,1-dimethyl- 1,1-Dimethylhydrazine U099 540-73-8 Hydrazine, 1,2-dimethyl- 1,2-Dimethylhydrazine U109 122-66-7 Hydrazine, 1,2-diphenyl- 1,2-Diphenylhydrazine U134 7664-39-3 Hydrofluoric acid (C, T) Same U134 7664-39-3 Hydrogen fluoride (C, T) Hydrofluoric acid U135 7783-06-4 Hydrogen sulfide Same U135 7783-06-4 Hydrogen sulfide H2S Same U096 80-15-9 Hydroperoxide, 1-methyl- Cumene hydroperoxide 1-phenylethyl- (R)

      U116 96-45-7 2-Imidazolidinethione Ethylene thiourea U137 193-39-5 Indeno[1,2,3-cd]pyrene Same U190 85-44-9 1,3-Isobenzofurandione Phthalic anhydride U140 78-83-1 Isobutyl alcohol (I, T) Same U141 120-58-1 Isosafrole Same U142 143-50-0 Kepone Same U143 303-34-4 Lasiocarpine Same U144 301-04-2 Lead acetate Same U146 1335-32-6 Lead, bis(acetato- Lead subacetate O)tetrahydroxytri- U145 7446-27-7 Lead phosphate Same U146 1335-32-6 Lead subacetate Same U129 58-89-9 Lindane Same U163 70-25-7 MNNG Same U147 108-31-6 Maleic anhydride Same U148 123-33-1 Maleic hydrazide Same U149 109-77-3 Malononitrile Same U150 148-82-3 Melphalan Same U151 7439-97-6 Mercury Same U152 126-98-7 Methacrylonitrile (I, T) Same U092 124-40-3 Methanamine, N-methyl- Dimethylamine (I)

      U029 74-83-9 Methane, bromo- Methyl bromide U045 74-87-3 Methane, chloro- (I, T) Methyl chloride U046 107-30-2 Methane, chloromethoxy- Chloromethyl methyl ether U068 74-95-3 Methane, dibromo- Dibromomethane U080 75-09-2 Methane, dichloro- Dichloromethane U075 75-71-8 Methane, Dichlorodifluoromethane dichlorodifluoro- U138 74-88-4 Methane, iodo- Iodomethane U119 62-50-0 Methanesulfonic acid, Ethyl methane sulfonate ethyl ester U211 56-23-5 Methane, tetrachloro- Carbon tetrachloride U153 74-93-1 Methanethiol (I, T) Methyl mercaptan U225 75-25-2 Methane, tribromo- Tribromomethane U044 67-66-3 Methane, trichloro- Chloroform U121 75-69-4 Methane, trichlorofluoro- Trichlorofluoromethane U036 57-74-9 4,7-Methano-1H-indene, Chlordane 1,2,4,5,6,7,8,8- octachloro-2,3,3a,4,7,7a- hexahydro- U154 67-56-1 Methanol (I) Same U155 91-80-5 Methapyrilene Same U142 143-50-0 1,3,4-Metheno-2H- Chlordecone cyclobuta[cd]pentalen-2- one, 1,1a,3,3a,4,5,5,5a,5b,6- decachlorooctahydro- U247 72-43-5 Methoxychlor Same U154 67-56-1 Methyl alcohol (I) Methanol U029 74-83-9 Methyl bromide Same U186 504-60-9 1-Methylbutadiene (I) 1,3-Pentadiene U045 74-87-3 Methyl chloride (I, T) Same U156 79-22-1 Methyl chlorocarbonate Same (I, T)

      U226 71-55-6 Methyl chloroform 1,1,1-Trichloroethane U157 56-49-5 3-Methylcholanthrene Same U158 101-14-4 4,4'-Methylenebis(2- Same chloroaniline)

      U068 74-95-3 Methylene bromide Dibromomethane U080 75-09-2 Methylene chloride Same U159 78-93-3 Methyl ethyl ketone Same

      1. (MEK) (I, T)

      U160 1338-23-4 Methyl ethyl ketone Same peroxide (R, T)

      U138 74-88-4 Methyl iodide Same U161 108-10-1 Methyl isobutyl ketone Same (I)

      U162 80-62-6 Methyl methacrylate (I, Same T)

      U161 108-10-1 4-Methyl-2-pentanone (I) Methyl isobutyl ketone U164 56-04-2 Methylthiouracil Same U010 50-07-7 Nitomycin C Same U059 20830-81-3 5,12-Naphthacenedione, Daunomycin 8-acetyl-10-[(3-amino- 2,3,6-trideoxy)-alpha-L- lyxo- hexopyranosyl)oxyl]- 7,8,9,10-tetrahydro- 6,8,11-trihydroxy-1- methoxy-, (8S-cis)- U167 134-32-7 1-Naphthalenamine Same U168 91-59-8 2-Naphthalenamine Same U026 494-03-1 Naphthalenamine, N,N'- Chlornaphazine bis(2-chloroethyl)- U165 91-20-3 Naphthalene Same U047 91-58-7 Naphthalene, 2-chloro- 2-Chloronaphthalene U166 130-15-4 1,4-Naphthalenedione 1,4-Naphthoquinone U236 72-57-1 2,7- Naphthalenedisulfonic acid, 3,3'-[(3,3'- dimethyl[1,1'-biphenyl]- 4,4'-diyl]bis(azo)bis[5- amino-4-hydroxy]-, tetrasodium salt U279 63-25-2 1-Naphthalenol, Trypan blue methylcarbamate U166 130-15-4 1,4-Naphthoquinone Carbaryl U167 134-32-7 alpha-Naphthylamine Same U168 91-59-8 beta-Naphthylamine Same U217 10102-45-1 Nitric acid, thallium(1+) Thallous nitrate salt U169 98-95-3 Nitrobenzene (I, T) Same U170 100-02-7 p-Nitrophenol Same U171 79-46-9 2-Nitropropane (I, T) Same U172 924-16-3 N-Nitrosodi-n-butylamine N,N-Dibutylnitrosoamine U173 1116-54-7 N-Nitrosodiethanolamine Same U174 55-18-5 N-Nitrosodiethylamine Same U176 759-73-9 N-Nitroso-N-ethylurea Same U177 684-93-5 N-Nitroso-N-methylurea Same U178 615-53-2 N-Nitroso-N- Same methylurethane U179 100-75-4 N-Nitrosopiperidine Same U180 930-55-2 N-Nitrosopyrrolidine Same U181 99-55-8 5-Nitro-o-toluidine Same U193 1120-71-4 1,2-Oxathiolane, 2,2- 1,3-Propane sultone dioxide U058 50-18-0 2H-1,3,2- Cyclophosphamide Oxazaphosphorin-2- amine, N,N-bis(2- chloroethyl)tetrahydro-, 2-oxide U115 75-21-8 Oxirane (I, T) Ethylene oxide U126 765-34-4 Oxiranecarboxyaldehyde Glycidaldehyde U041 106-89-8 Oxirane, (chloromethyl)- Epichlorohydrin U182 123-63-7 Paraldehyde Same U183 608-93-5 Pentachlorobenzene Same U184 76-01-7 Pentachloroethane Same U185 82-68-8 Pentachloronitrobenzene Same (PCNB)

      See F027 87-86-5 Pentachlorophenol Same U161 108-10-1 Pentanol, 4-methyl- Methyl isobutyl ketone U186 504-60-9 1,3-Pentadiene (I) Same U187 62-44-2 Phenacetin Same U188 108-95-2 Phenol Same U048 95-57-8 Phenol, 2-chloro- o-chlorophenol U039 59-50-7 Phenol, 4-chloro-3- p-chloro-m-cresol methyl- U081 120-83-2 Phenol, 2,4-dichloro- 2,4-Dichlorophenol U082 87-65-0 Phenol, 2,6-dichloro- 2,6-Dichlorophenol U089 56-53-1 Phenol, 4,4'-(1,2-diethyl- Diethylstilbestrol 1,2-ethenediyl)bis-, (E)- U101 105-67-9 Phenol, 2,4-dimethyl- 2,4-Dimethylphenol U052 1319-77-3 Phenol, methyl- Cresol (cresylic acid)

      U132 70-30-4 Phenol, 2,2'- Hexachlorophene methylenebis[3,4,6- trichloro- U411 114-26-1 Phenol, 2-(1- Propoxur methylethoxy)-,methylcar bamate U170 100-02-7 Phenol, 4-nitro- p-Nitrophenol See F027 87-86-5 Phenol, pentachloro- Pentachlorophenol See F027 58-90-2 Phenol, 2,3,4,6- 2,3,4,6-Tetrachlorophenol tetrachloro- See F027 95-95-4 Phenol, 2,4,5-trichloro- 2,4,5-Trichlorophenol See F027 88-06-2 Phenol, 2,4,6-trichloro- 2,4,6-Trichlorophenol U150 148-82-3 L-Phenylalanine, 4- Melphalan [bis(2- chloroethyl)amino]- U145 7446-27-7 Phosphoric acid, lead(2+) Lead phosphate salt (2:3)

      U087 3288-58-2 Phosphorodithioic acid, O,O-Diethyl S-methyl O,O-diethyl S-methyl dithiophosphate ester U189 1314-80-3 Phosphorus sulfide (R) Phosphorus pentasulfide U190 85-44-9 Phthalic anhydride Same U191 109-06-8 2-Picoline Same U179 100-75-4 Piperidine, 1-nitroso- N-Nitrosopiperidine U192 23950-58-5 Pronamide Same U194 107-10-8 1-Propanamine (I, T) n-proylamine U111 621-64-7 1-Propanamine, N- Di-n-propylnitrosamine nitroso-N-propyl- U110 142-84-7 1-Propanamine, N- Dipropylamine propyl- (I)

      U066 96-12-8 Propane, 1,2-dibromo-3- 1,2-Dibromo-3- chloro- chloropropane U083 78-87-5 Propane, 1,2-dichloro- Propylene dichloride U149 109-77-3 Propanedinitrile Malononitrile U171 79-46-9 Propane, 2-nitro- (I, T) 2-Nitropropane U027 108-60-1 Propane, 2,2'-oxybis[2- Dichloroisopropyl ether chloro- U193 1120-71-4 1,3-Propane sultone Same See F027 93-72-1 Propanoic acid, 2-(2,4,5- 2,4,5-TP trichlorophenoxy)- U235 126-72-7 1-Propanol, 2,3- Tris(2,3-dibromopropyl)

      1. dibromo-, phosphate (3:1) phosphate U140 78-83-1 1-Propanol, 2-methyl- Isobutyl alcohol (I,T)

      U002 67-64-1 2-Propanone (I) Acetone U007 79-06-1 2-Propanamide Acrylamide U084 542-75-6 1-Propene, 1,3-dichloro- 1,3-Dichloropropene U243 1888-71-7 1-Propene, 1,1,2,3,3,3- Hexachloropropene hexachloro- U009 107-13-1 2-Propenenitrile Acrylonitrile U152 126-98-7 2-Propenenitrile, 2- Methacrylonitrile methyl- (I, T)

      U008 79-10-7 2-Propenoic acid (I) Acrylic acid U113 140-88-5 2-Propenoic acid, ethyl Ethyl acrylate ester (I)

      U118 97-63-2 2-Propenoic acid, 2- Ethyl methacrylate methyl-, ethyl ester U162 80-62-6 2-Propenoic acid, 2- Methyl methacrylate methyl-, methyl ester (I, T)

      U373 122-42-9 Propham Same U411 114-26-1 Propoxur Same U194 107-10-8 n-Propylamine (I, T) Same U083 73-87-5 Propylene dichloride Same U387 52888-80-9 Prosulfocarb Same U148 123-33-1 3,6-Pyridazinedione, 1,2- Maleic hydrazide dihydro- U196 110-86-1 Pyridine Same U191 109-06-8 Pyridine, 2-methyl- 2-Picoline U237 66-75-1 2,4-(1H,3H)- Uracil mustard Pyrimidinedione, 5- [bis(2- chloroethyl)

      1. amino]- U164 56-04-2 4(1H)-Pyrimidinone, 2,3- Methylthiouracil dihydro-6-methyl-2- thioxo- U180 930-55-2 Pyrrolidine, 1-nitroso- n-Nitrosopyrrolidine U200 50-55-5 Reserpine Same U201 108-46-3 Resorcinol Same U202 1 Saccharin, & salts Same 81-07-2 U203 94-59-7 Safrole Same U204 7783-00-8 Selenious acid Selenium dioxide U204 7783-00-8 Selenium dioxide Same U205 7488-56-4 Selenium sulfide Same U205 7488-56-4 Selenium sulfide SeS2 Selenium (IV) disulfide (R, T)

      U015 115-02-6 L-Serine, diazoacetate Azarserine (ester)

      See F027 93-72-1 Silvex (2,4,5-TP) Same U206 18883-66-4 Streptozotocin Same U103 77-78-1 Sulfuric acid, dimethyl Dimethyl sulfate ester U189 1314-80-3 Sulfur phosphide (R) Phosphorus pentasulfide See F027 93-76-5 2,4,5-T Same U207 95-94-3 1,2,4,5- Same Tetrachlorobenzene U208 630-20-6 1,1,1,2-Tetrachloroethane Same U209 79-34-5 1,1,2,2-Tetrachloroethane Same U210 127-18-4 Tetrachloroethylene Same See F027 58-90-2 2,3,4,6-Tetrachlorophenol Same U213 109-99-9 Tetrahydrafuran (I) Same U214 563-68-8 Thallium(I) acetate Same U215 6533-73-9 Thallium(I) carbonate Same U216 7791-12-0 Thallium(I) chloride Same U216 7791-12-0 Thallium chloride TlCl Thallous chloride U217 10102-45-1 Thallium(I) nitrate Thallous nitrate U218 62-55-5 Thioacetamide Same U410 59669-26-0 Thiodicarb Same U153 74-93-1 Thiomethanol (I,T) Methyl mercaptan U244 137-26-8 Thioperoxydicarbonic Thiram diamide [(H2N)C(S)]2S2, tetramethyl- U409 23564-05-8 Thiophanate-methyl Same U219 62-56-6 Thiourea Same U244 137-26-8 Thiram Same U220 108-88-3 Toluene Same U221 25376-45-8 Toluenediamine Same U223 26471-62-5 Toluene diisocyanate Same (R,T)

      U328 95-53-4 o-Toluidine Same U353 106-49-0 p-Toluidine Same U222 636-21-5 o-Toluidine Same hydrochloride U389 2303-17-5 Triallate Same U011 61-82-5 1H-1,2,4-Triazol-3-amine Amitrole U227 79-00-5 1,1,2-Trichloroethane Same U228 79-01-6 Trichloroethylene Same U121 75-69-4 Trichloromonofluorometh Same ane See F027 95-95-4 2,4,5-Trichlorophenol Same See F027 88-06-2 2,4,6-Trichlorophenol Same U404 121-44-8 Triethylamine Same U234 99-35-4 1,3,5-Trinitrobenzene Same (R,T)

      U182 123-63-7 1,3,5-Trioxane, 2,4,6- Paraldehyde trimethyl- U235 126-72-7 Tris(2,3-dibromopropyl) Same phosphate U236 72-57-1 Trypan blue Same U237 66-75-1 Uracil mustard Same U176 759-73-9 Urea, N-ethyl-N-nitroso- N-Nitroso-N-ethlurea U177 684-93-5 Urea, N-methyl-N- N-Nitroso-N-methylurea nitroso- U043 75-01-4 Vinyl chloride Same U248 1 Warfarin, & salts, when Same 81-81-2 present at concentrations of 0.3% or less U239 1330-20-7 Xylene (I) Same U200 50-55-5 Yohimban-16-carboxylic Reserpine acid, 11,17-dimethoxy- 18- [(3,4,5- trimethoxybenzoyl)oxy]-, methyl ester, (3beta, 16beta, 17alpha, 18beta, 20alpha)- U249 1314-84-7 Zinc phosphide Zn3P2, Zinc phosphide when present at concentrations of 10% or less FOOTNOTE: CAS Number given for parent compound only.

§261.35 Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning and Replacement.

(a) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of paragraphs (b) and (c) of this section. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.

(b) Generators must either clean or replace all process equipment that may have come in contact with chlorophenolic formulations or constituents thereof, including, but not limited to: treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams in a manner which minimizes or eliminates the escape of hazardous waste or waste constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere.

1. (1) Generators shall do one of the following:
   1. (i) Prepare and follow an equipment cleaning plan and clean equipment in accordance with this section;
      1. (ii) Prepare and follow an equipment replacement plan and replace equipment in accordance with this section; or (iii) Document cleaning and replacement in accordance with this section, carried out after termination of use of chlorophenolic preservations.
         1. (2) Cleaning Requirements.
         2. (i) Prepare and sign a written equipment cleaning plan that describes:
         3. (A) The equipment to be cleaned;
         4. (B) How the equipment will be cleaned;
         5. (C) The solvent to be used in cleaning;
         6. (D) How solvent rinses will be tested; and (E) How cleaning residues will be disposed.
         7. (ii) Equipment must be cleaned as follows:
         8. (A) Remove all visible residues from process equipment;
         9. (B) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.
         10. (iii) Analytical requirements.
         11. (A) Rinses must be tested in accordance with SW-846, Method 8290.
         12. (B) “Not detected” means at or below the lower method calibration limit (MCL) in Method 8290, Table 1.
         13. (iv) The generator must manage all residues from the cleaning process as F032 waste.
         14. (3) Replacement requirements.
         15. (i) Prepare and sign a written equipment replacement plan that describes:
         16. (A) The equipment to be replaced;
         17. (B) How the equipment will be replaced; and (C) How the equipment will be disposed.
         18. (ii) The generator must manage the discarded equipment as F032 waste.
         19. (4) Documentation requirements.
         20. (i) Document that previous equipment cleaning and/or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives.

(c) The generator must maintain the following records documenting the cleaning and replacement as part of the facilities operating record:

1. (1) The name and address of the facility;
   1. (2) Formulations previously used and the date on which their use ceased in each process at the plant;
      1. (3) Formulations currently used in each process at the plant;
         1. (4) The equipment cleaning or replacement plan;
         2. (5) The name and address of any persons who conducted the cleaning and replacement;
         3. (6) The dates on which the cleaning and replacement were accomplished;
         4. (7) The dates of sampling and testing;
         5. (8) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples;
         6. (9) A description of the tests performed, the date the tests were performed, and the results of the tests;
         7. (10) The name and model numbers of the instrument(s) used in performing the tests:
         8. (11) QA/QC documentation; and (12) The following statement signed by the generator or his/her authorized representative: I certify under penalty of law that all process equipment required to be cleaned or replaced under §261.35 of these regulations was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.

APPENDIX IREPRESENTATIVE SAMPLING METHODS The methods and equipment used for sampling waste materials will vary with the form and consistency of the waste materials to be sampled. Samples collected using the sampling protocols listed below, for sampling waste with properties similiar to the indicated materials, will be considered by the Department to be representative of the wastes.

1. Extremely viscous liquid — ASTM Standard D140-70Crushed or powdered material — ASTM Standard D346-75Soil or rock-like material — ASTM Standard D420-69Soil-like material-ASTM Standard D 1452-65Fly ash-like material — ASTM Standard D2234-76 [ASTM Standards are available from ASTM, 1916 Race St., Philadelphia, PA. 19103] Containerized liquid wastes — “COLIWASA” described in Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods, “* U.S. Environmental Protection Agency, Office of Solid Waste, Washington, D.C. 20460.
   1. [Copies may be obtained from Solid Waste Information, U.S. Environmental Protection Agency, 26 W. St. Clair St., Cincinnati, Ohio 45268] Liquid waste in pits, ponds, lagoons, and similar reservoirs. — “Pond Sampler” described in “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods.”* This manual also contains additional information on application of these protocols. *These methods are also described in “Samplers and Sampling Proceduresfor Hazardous Waste Streams,” EPA 600/2-80-018, January 1980.

Appendix II to Part 261 — Method 1311Toxicity Characteristic Leaching Procedure (TCLP) Note: The TCLP (Method 1311) is published in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.

Appendix III to Part 261 — CHEMICAL ANALYSIS TEST METHODS Note: Appropriate analytical procedures to determine whether a sample contains a given toxic constituent are specified in Chapter Two, “Choosing the Correct Procedure” found in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” EPA Publication SW-846, as incorporated by reference in §260.11 of these regulations. Prior to final sampling and analysis method selection, the individual should consult the specific section or method described in SW-846 for additional guidance on which of the approved methods should be employed for a specific sample analysis situation. Appendix IV (Reserved for Radioactive Waste Test Methods) Appendix V (Reserved for Infectious Waste Treatment Specifications) Appendix VI (Reserved for Etiologic Agents)

Appendix VII - Basis for Listing Hazardous Waste EPA hazardous waste No. Hazardous constituents for which listed F001 Tetrachloroethylene, methylene chloride trichloroethylene, 1,1,1- trichloroethane, carbon tetrachloride, chlorinated fluorocarbons.

1. F002 Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1- trichloroethane, 1,1,2- trichloroethane, chlorobenzene, 1,1,2- trichloro-1,2,2- trifluoroethane, ortho- dichlorobenzene, trichlorofluoromethane.
   1. F003 N.A.

      F004 Cresols and cresylic acid, nitrobenzene.

      F005 Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, 2- ethoxyethanol, benzene, 2-nitropropane.

      F006 Cadmium, hexavalent chromium, nickel, cyanide (complexed).

      F007 Cyanide (salts).

      F008 Cyanide (salts).

      F009 Cyanide (salts).

      F010 Cyanide (salts).

      F011 Cyanide (salts).

      F012 Cyanide (complexed).

      F019 Hexavalent chromium, cyanide (complexed).

      F020 Tetra- and pentachlorodibenzo-p- dioxins; tetra and pentachlorodi- benzofurans; tri- and tetrachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts.

      F021 Penta- and hexachlorodibenzo-p- dioxins; penta- and hexachlorodibenzofurans;

      1. pentachlorophenol and its derivatives.

      F022 Tetra-, penta-, and hexachlorodibenzo-p- dioxins; tetra-, penta-, and hexachlorodibenzofurans.

      F023 Tetra-, and pentachlorodibenzo-p- dioxins; tetra- and pentachlorodibenzofurans ; tri- and tetrachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts.

      F024 Chloromethane, dichloromethane, trichloromethane, carbon tetrachloride, chloroethylene, 1,1- dichloroethane, 1,2- dichloroethane, trans-1-2- dichloroethylene, 1,1- dichloroethylene, 1,1,1- trichloroethane, 1,1,2- trichloroethane, trichloroethylene, 1,1,1,2- tetra-chloroethane, 1,1,2,2-tetrachloroethane, tetrachloroethylene, pentachloroethane, hexachloroethane, allyl chloride (3- chloropropene), dichloropropane, dichloropropene, 2- chloro-1,3-butadiene, hexachloro-1,3-butadiene, hexachlorocyclopentadien e, hexachlorocyclohexane, benzene, chlorbenzene, dichlorobenzenes, 1,2,4- trichlorobenzene, tetrachlorobenzene, pentachlorobenzene, hexachlorobenzene, toluene, naphthalene.

      F025 Chloromethane;

      1. Dichloromethane;
         1. Trichloromethane;

            Carbon tetrachloride;

            Chloroethylene; 1,1- Dichloroethane; 1,2- Dichloroethane; trans- 1,2-Dichloroethylene;

            1,1-Dichloroethylene;

            1,1,1-Trichloroethane;

            1,1,2-Trichloroethane;

            Trichloroethylene;

            1,1,1,2- Tetrachloroethane;

            1,1,2,2- Tetrachloroethane;

            Tetrachloroethylene;

            Pentachloroethane;

            Hexachloroethane; Allyl chloride (3- Chloropropene);

            Dichloropropane;

            Dichloropropene; 2- Chloro-1,3-butadiene;

            Hexachloro-1,3- butadiene;

            Hexachlorocyclopentadie ne; Benzene;

            Chlorobenzene;

            Dichlorobenzene; 1,2,4- Trichlorobenzene;

            Tetrachlorobenzene;

            Pentachlorobenzene;

            Hexachlorobenzene;

            Toluene; Naphthalene.

      F026 Tetra-, penta-, and hexachlorodibenzo-p- dioxins; tetra-, penta-, and hexachlorodibenzofurans.

      F027 Tetra-, penta-, and hexachlorodibenzo-p- dioxins; tetra-, penta-, and hexachlorodibenzofurans;

      1. tri-, tetra-, and pentachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts.

      F028 Tetra-, penta-, and hexachlorodibenzo-p- dioxins; tetra-, penta-, and hexachlorodibenzofurans;

      1. tri-, tetra-, and pentachlorophenols and their chlorophenoxy derivative acids, esters, ethers, amine and other salts.

      F032 Benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)- anthracene,indeno(1,2,3- cd)pyrene, pentachlorophenol, arsenic, chromium, tetra-, penta-, hexa-, heptachlorodibenzo-p- dioxins, tetra-, penta-, hexa-, heptachlorodibenzofurans .

      F034 Benz(a)anthracene, benzo(k)fluoranthene, benzo(a)pyrene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, naphthalene, arsenic, chromium.

      F035 Arsenic, chromium, lead.

      F037 Benzene, benzo(a)pyrene, chrysene, lead, chromium.

      F038 Benzene, benzo(a)pyrene, chrysene, lead, chromium.

      F039 All constituents for which treatment standards are specified for multi-source leachate (wastewaters and nonwastewaters) under 40 CFR 268.43(a), Table CCW.

      K001 Pentachlorophenol, phenol, 2-chlorophenol, p-chloro-m-cresol, 2,4- dimethylphenyl, 2,4- dinitrophenol, trichlorophenols, tetrachlorophenols, 2,4- dinitrophenol, cresosote, chrysene, naphthalene, fluoranthene, benzo(b)fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd)pyrene, benz(a)anthracene, dibenz(a)anthracene, acenaphthalene.

      K002 Hexavalent chromium, lead K003 Hexavalent chromium, lead.

      K004 Hexavalent chromium.

      K005 Hexavalent chromium, lead.

      K006 Hexavalent chromium.

      K007 Cyanide (complexed), hexavalent chromium.

      K008 Hexavalent chromium.

      K009 Chloroform, formaldehyde, methylene chloride, methyl chloride, paraldehyde, formic acid.

      K010 Chloroform, formaldehyde, methylene chloride, methyl chloride, paraldehyde, formic acid, chloroacetaldehyde.

      K011 Acrylonitrile, acetonitrile, hydrocyanic acid.

      K013 Hydrocyanic acid, acrylonitrile, acetonitrile.

      K014 Acetonitrile, acrylamide.

      K015 Benzyl chloride, chlorobenzene, toluene, benzotrichloride.

      K016 Hexachlorobenzene, hexachlorobutadiene, carbon tetrachloride, hexachloroethane, perchloroethylene.

      K017 Epichlorohydrin, chloroethers [bis(chloromethyl) ether and bis (2-chloroethyl)

      1. ethers], trichloropropane, dichloropropanols.

      K018 1,2-dichloroethane, trichloroethylene, hexachlorobutadiene, hexachlorobenzene.

      K019 Ethylene dichloride, 1,1,1-trichloroethane, 1,1,2-trichloroethane, tetrachloroethanes (1,1,2,2-tetrachloroethane and 1,1,1,2- tetrachloroethane),trichlor oethylene, tetrachloroethylene, carbon tetrachloride, chloroform, vinyl chloride, vinylidene chloride.

      K020 Ethylene dichloride, 1,1,1-trichloroethane, 1,1,2-trichloroethane, tetrachloroethanes (1,1,2,2-tetrachloroethane and 1,1,1,2- tetrachloroethane),trichlor oethylene, tetrachloroethylene, carbon tetrachloride, chloroform, vinyl chloride, vinylidene chloride.

      K021 Antimony, carbon tetrachloride, chloroform.

      K022 Phenol, tars (polycyclic aromatic hydrocarbons).

      K023 Phthalic anhydride, maleic anhydride.

      K024 Phthalic anhydride, 1,4- naphthoquinone.

      K025 Meta-dinitrobenzene, 2,4- dinitrotoluene.

      K026 Paraldehyde, pyridines, 2- picoline.

      K027 Toluene diisocyanate, toluene-2, 4-diamine.

      K028 1,1,1-trichloroethane, vinyl chloride.

      K029 1,2-dichloroethane, 1,1,1- trichloroethane, vinyl chloride, vinylidene chloride, chloroform.

      K030 Hexachlorobenzene, hexachlorobutadiene, hexachloroethane, 1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane, ethylene dichloride.

      K031 Arsenic.

      K032 Hexachlorocyclopentadie ne.

      K033 Hexachlorocyclopentadie ne.

      K034 Hexachlorocyclopentadie ne.

      K035 Creosote, chrysene, naphthalene, fluoranthene benzo(b) fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd) pyrene, benzo(a)anthracene, dibenzo(a)anthracene, acenaphthalene.

      K036 Toluene, phosphorodithioic and phosphorothioic acid esters.

      K037 Toluene, phosphorodithioic and phosphorothioic acid esters.

      K038 Phorate, formaldehyde, phosphorodithioic and phosphorothioic acid esters.

      K039 Phosphorodithioic and phosphorothioic acid esters.

      K040 Phorate, formaldehyde, phosphorodithioic and phosphorothioic acid esters.

      K041 Toxaphene.

      K042 Hexachlorobenzene, ortho-dichlorobenzene.

      K043 2,4-dichlorophenol, 2,6- dichlorophenol, 2,4,6- trichlorophenol.

      K044 N.A.

      K045 N.A.

      K046 Lead.

      K047 N.A.

      K048 Hexavalent chromium, lead.

      K049 Hexavalent chromium, lead.

      K050 Hexavalent chromium.

      K051 Hexavalent chromium, lead.

      K052 Lead.

      K060 Cyanide, napthalene, phenolic compounds, arsenic.

      K061 Hexavalent chromium, lead, cadmium.

      K062 Hexavalent chromium, lead.

      K064 Lead, cadmium.

      K065 Do.

      K066 Do.

      K069 Hexavalent chromium, lead, cadmium.

      K071 Mercury.

      K073 Chloroform, carbon tetrachloride, hexacholroethane, trichloroethane, tetrachloroethylene, dichloroethylene, 1,1,2,2- tetrachloroethane.

      K083 Aniline, diphenylamine, nitrobenzene, phenylenediamine.

      K084 Arsenic.

      K085 Benzene, dichlorobenzenes, trichlorobenzenes, tetrachlorobenzenes, pentachlorobenzene, hexachlorobenzene, benzyl chloride.

      K086 Lead, hexavalent chromium.

      K087 Phenol, naphthalene.

      K088 Cyanide (complexes).

      K090 Chromium.

      K091 Do.

      K093 Phthalic anhydride, maleic anhydride.

      K094 Phthalic anhydride.

      K095 1,1,2-trichloroethane, 1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane.

      K096 1,2-dichloroethane, 1,1,1- trichloroethane, 1,1,2- trichloroethane.

      K097 Chlordane, heptachlor.

      K098 Toxaphene.

      K099 2,4-dichlorophenol, 2,4,6- trichlorophenol.

      K100 Hexavalent chromium, lead, cadmium.

      K101 Arsenic.

      K102 Arsenic.

      K103 Aniline, nitrobenzene, phenylenediamine.

      K104 Aniline, benzene, diphenylamine, nitrobenzene, phenylenediamine.

      K105 Benzene, monochlorobenzene, dichlorobenzenes, 2,4,6- trichlorophenol.

      K106 Mercury.

      K107 1,1-Dimethylhydrazine (UDMH).

      K108 1,1-Dimethylhydrazine (UDMH).

      K109 1,1-Dimethylhydrazine (UDMH).

      K110 1,1-Dimethylhydrazine (UDMH).

      K111 2,4-Dinitrotoluene.

      K112 2,4-Toluenediamine, o- toluidine, p-toluidine, aniline.

      K113 2,4-Toluenediamine, o- toluidine, p-toluidine, aniline.

      K114 2,4-Toluenediamine, o- toluidine, p-toluidine.

      K115 2,4-Toluenediamine.

      K116 Carbon tetrachloride, tetrachloroethylene, chloroform, phosgene.

      K117 Ethylene dibromide.

      K118 Ethylene dibromide.

      K123 Ethylene thiourea.

      K124 Ethylene thiourea.

      K125 Ethylene thiourea.

      K126 Ethylene thiourea.

      K131 Dimethyl sulfate, methyl bromide.

      K132 Methyl bromide.

      K136 Ethylene dibromide.

      K141 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.

      K142 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.

      K143 Benzene, benz(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene.

      K144 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene.

      K145 Benzene, benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)anthracene, naphthalene.

      K147 Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.

      K148 Benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.

      K149 Benzotrichloride, benzyl chloride, chloroform, chloromethane, chlorobenzene, 1,4- dichlorobenzene, hexachlorobenzene, pentachlorobenzene, 1,2,4,5- tetrachlorobenzene, toluene.

      K150 Carbon tetrachloride, chloroform, chloromethane, 1,4- dichlorobenzene, hexachlorobenzene, pentachlorobenzene, 1,2,4,5- tetrachlorobenzene, 1,1,2,2-tetrachloroethane, tetrachloroethylene, 1,2,4-trichlorobenzene.

      K151 Benzene, carbon tetrachloride, chloroform, hexachlorobenzene, pentachlorobenzene, toluene, 1,2,4,5- tetrachlorobenzene, tetrachloroethylene.

      K156 Benomyl, carbaryl, carbendazim, carbofuran, carbosulfan, formaldehyde, methylene chloride, triethylamine.

      K157 Carbon tetrachloride, formaldehyde, methyl chloride, methylene chloride, pyridine, triethylamine.

      K158 Benomyl, carbendazim, carbofuran, carbosulfan, chloroform, methylene chloride.

      K159 Benzene, butylate, eptc, molinate, pebulate, vernolate.

      K161 Antimony, arsenic, metam-sodium, ziram.

      K169 Benzene.

      K170 Benzo(a)pyrene, dibenz(a,h)anthracene, benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, 3- methylcholanthrene, 7,12- dimethylbenz(a)anthracen e.

      K171 Benzene, arsenic.

      K172 Benzene, arsenic.

      K174 1,2,3,4,6,7,8- Heptachlorodibenzo-p- dioxin (1,2,3,4,6,7,8- HpCDD), 1,2,3,4,6,7,8- Heptachlorodibenzofuran (1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9- Heptachlorodibenzofuran (1,2,3,6,7,8,9-HpCDF), HxCDDs (All Hexachlorodibenzo-p- dioxins), HxCDFs (All Hexachlorodibenzofurans ), PeCDDs (All Pentachlorodibenzo-p- dioxins), OCDD (1,2,3,4,6,7,8,9- Octachlorodibenzo-p- dioxin), OCDF (1,2,3,4,6,7,8,9- Octachlorodibenzofuran), PeCDFs (All Pentachlorodibenzofurans ), TCDDs (All Tetrachlorodibenzo-p- dioxins), TCDFs (All Tetrachlorodibenzofurans ).

      K175 Mercury K176 Arsenic, Lead.

      K177 Antimony.

      K178 Thallium.

      K901 0-isopropyl methylphosphonofluorida te (Sarin, GB), bis(2- chloroethyl)sulfide (Mustard, Mustard Agent, Mustard Gas, H, HD), bis(2- chloroethylthio)ethyl ether (Mustard T)

      K902 0-isopropyl methylphosphonofluorida te (Sarin, GB), bis(2- chloroethyl)sulfide (Mustard, Mustard Agent, Mustard Gas, H, HD), bis(2- chloroethylthio)ethyl ether (Mustard T)

      FOOTNOTE: N.A. - Waste is hazardous because it fails the test for the characteristic of ignitability, corrosivity, or reactivity.

Appendix VIII - Hazardous Constituents Common name Chemical abstracts name Chemical abstracts No. Hazardous waste No. A2213 Ethanimidothioic acid, 2- 30558-43-1 U394 (dimethylamino)-N- hydroxy-2-oxo-, methyl ester Acetonitrile Same 75-05-8 U003 Acetophenone Ethanone, 1-phenyl- 98-86-2 U004 2-Acetylaminefluarone Acetamide, N-9H- 53-96-3 U005 fluoren-2-yl- Acetyl chloride Same 75-36-5 U006 1-Acetyl-2-thiourea Acetamide, N- 591-08-2 P002 (aminothioxomethyl)- Acrolein 2-Propenal 107-02-8 P003 Acrylamide 2-Propenamide 79-06-1 U007 Acrylonitrile 2-Propenenitrile 107-13-1 U009 Aflatoxins Same 1402-68-2 Aldicarb Propanal, 2-methyl-2- 116-06-3 P070 (methylthio)-, O- [(methylamino)carbonyl] oxime Aldicarb Sulfone Propanal, 2-methyl-2- 1646-88-4 P203 (methylsulfonyl)-, O- [(methylamino) carbonyl] oxime Aldrin 1,4,5,8- 309-00-2 P004 Dimethanonaphthalene, 1,2,3,4,10,10-10- hexachloro-1,4,4a,5,8,8a- hexahydro-, (1alpha,4alpha,4abeta,5al pha,8alpha, 8abeta)- Allyl alcohol 2-Propen-1-ol 107-18-6 P005 Allyl chloride 1-Propane, 3-chloro 107-05-1 Aluminum phosphide Same 20859-73-8 P006 4-Aminobiphenyl [1,1'-Biphenyl]-4-amine 92-67-1 5-(Aminomethyl)-3- 3(2H)-Isoxazolone, 5- 2763-96-4 P007 isoxazolol (aminomethyl)- 4-Aminopyridine 4-Pyridinamine 504-24-5 P008 Amitrole 1H-1,2,4-Triazol-3-amine 61-82-5 U011 Ammonium vanadate Vanadic acid, ammonium 7803-55-6 P119 salt Aniline Benzenamine 62-53-3 U012 Antimony Same 7440-36-0 Antimony compounds, N.O.S.

1. Aramite Sulfurous acid, 2- 140-57-8 chloroethyl 2-[4-(1,1- dimethylethyl)phenoxy]- 1-methylethyl ester Arsenic Same 7440-38-2 Arsenic compounds, N.O.S.
   1. Arsenic acid Arsenic acid H3AsO4 7778-39-4 P010 Arsenic pentoxide Arsenic oxide As2O5 1303-28-2 P011 Arsenic trioxide Arsenic oxide As2O3 1327-53-3 P012 Auramine Benzenamine, 4,4'- 492-80-8 U014 carbonimidoylbis[N,N- dimethyl Azaserine L-Serine, diazoacetate 115-02-6 U015 (ester)

      Barban Carbamic acid, (3- 101-27-9 U280 chlorophenyl)-, 4-chloro- 2- butynyl ester Barium Same 7440-39-3 Barium compounds, N.O.S.

      Barium cyanide Same 542-62-1 P013 Bendiocarb 1,3-Benzodioxol-4-ol, 22781-23-3 U278 2,2-dimethyl-, methyl carbamate Bendiocarb phenol 1,3-Benzodioxol-4-ol, 22961-82-6 U364 2,2-dimethyl- Benomyl Carbamic acid, [1- 17804-35-2 U271 [(butylamino) carbonyl]- 1H-benzimidazol-2-yl]-, methyl ester Benz[c]acridine Same 225-51-4 U016 Benz[a]anthracene Same 56-55-3 U018 Benzal chloride Benzene, 98-87-3 U017 (dichloromethyl)- Benzene Same 71-43-2 U019 Benzenearsonic acid Arsonic acid, phenyl- 98-05-5 Benzidine [1,1'-Biphenyl]-4,4- 92-87-5 U021 diamine Benzo[b]fluoranthene Benz[e]acephenanthrylen 205-99-2 e Benzo[j]fluoranthene Same 205-82-3 Benzo(k)fluoranthene Same 207-08-9 Benzo[a]pyrene Same 50-32-8 U022 p-Benzoquinone 2,5-Cyclohexadiene-1,4- 106-51-4 U197 dione Benzotrichloride Benzene, 98-07-7 U023 (trichloromethyl)- Benzyl chloride Benzene, (chloromethyl)- 100-44-7 P028 Beryllium powder Same 7440-41-7 P015 Beryllium compounds, N.O.S.

      Bis (pentamethylene)- Piperidine, 1,1'- 120-54-7 thiuram tetrasulfide (tetrathiodicarbonothioyl)

      1. -bis- Bromoacetone 2-Propanone, 1-bromo- 598-31-2 P017 Bromoform Methane, tribromo- 75-25-2 U225 4-Bromophenyl phenyl Benzene, 1-bromo-4- 101-55-3 U030 ether phenoxy- Brucine Strychnidin-10-one, 2,3- 357-57-3 P018 dimethoxy- Butylate Carbamothioic acid, bis 2008-41-5 (2-methylpropyl)-,S-ethyl ester Butyl benzyl phthalate 1,2-Benzenedicarboxylic 85-68-7 acid, butyl phenylmethyl ester Cacodylic acid Arsinic acid, dimethyl- 75-60-5 U136 Cadmium Same 7440-43-9 Cadmium compounds, N.O.S.

      Calcium chromate Chromic acid H2CrO4, 13765-19-0 U032 calcium salt Calcium cyanide Calcium cyanide 592-01-8 P021 Ca(CN)2 Carbaryl 1-Naphthalenol, 63-25-2 U279 methylcarbamate Carbendazim Carbamic acid, 1H- 10605-21-7 U372 benzimidazol-2-yl, methyl ester Carbofuran 7-Benzofuranol, 2,3- 1563-66-2 P127 dihydro-2,2-dimethyl-, methylcarbamate Carbofuran phenol 7-Benzofuranol, 2,3- 1563-38-8 U367 dihydro-2,2-dimethyl- Carbon disulfide Same 75-15-0 P022 Carbon oxyfluoride Carbonic difluoride 353-50-4 U033 Carbon tetrachloride Methane, tetrachloro- 56-23-5 U211 Carbosulfan Carbamic acid, 55285-14-8 P189 [(dibutylamino) thio] methyl-, 2,3-dihydro-2,2- dimethyl-7-benzofuranyl ester Chloral Acetaldehyde, trichloro- 75-87-6 U034 Chlorambucil Benzenebutanoic acid, 4- 305-03-3 U035 [bis(2- chloroethyl)amino]- Chlordane 4,7-Methano-1H-indene, 57-74-9 U036 1,2,4,5,6,7,8,8- octachloro-2,3,3a,4,7,7a- hexahydro- Chlordane (alpha and U036 gamma isomers)

      Chlorinated benzenes, N.O.S.

      Chlorinated ethane, N.O.S.

      Chlorinated fluorocarbons, N.O.S.

      Chlorinated naphthalene, N.O.S.

      Chlorinated phenol, N.O.S.

      Chlomaphazin Naphthalenamine, N,N'- 494-03-1 U026 bis(2-chloroethyl)- Chloroacetaldehyde Acetaldehyde, chloro- 107-20-0 P023 Chloroalkyl ethers, N.O.S.

      p-Chloroaniline Benzenamine, 4-chloro- 106-47-8 P024 Chlorobenzene Benzene, chloro- 108-90-7 U037 Chlorobenzilate Benzeneacetic acid, 4- 510-15-6 U038 chloro-alpha-(4- chlorophenyl)-alpha- hydroxy-, ethyl ester p-Chloro-m-cresol Phenol, 4-chloro-3- 59-50-7 U039 methyl- 2-Chloroethyl vinyl ether Ethene, (2-chloroethoxy)- 110-75-8 U042 Chloroform Methane, trichloro- 67-66-3 U044 Chloromethyl methyl Methane, chloromethoxy- 107-30-2 U046 ether beta-Chloronaphthalene Naphthalene, 2-chloro- 91-58-7 U047 o-Chlorophenol Phenol, 2-chloro- 95-57-8 U048 1-(o- Thiourea, (2- 5344-82-1 P026 Chlorophenyl)thiourea chlorophenyl)- Chloroprene 1,3-Butadiene, 2-chloro- 126-99-8 3-Chloropropionitrile Propanenitrile, 3-chloro- 542-76-7 P027 Chromium Same 7440-47-3 Chromium compounds, N.O.S.

      Chrysene Same 218-01-9 U050 Citrus red No. 2 2-Naphthalenol, 1-[(2,5- 6358-53-8 dimethoxyphenyl)azo]- Coal tar creosote Same 8007-45-2 Copper cyanide Copper cyanide CuCN 544-92-3 P029 Copper Copper, 137-29-1 dimethyldithiocarbamate bis(dimethylcarbamodithi oato-S,S')

      Creosote Same U051 Cresol (Cresylic acid) Phenol, methyl- 1319-77-3 U052 Crotonaldehyde 2-Butenal 4170-30-3 U053 m-Cumenyl Phenol, 3-(methylethyl)-, 64-00-6 P202 methylcarbamate methyl carbamate Cyanides (soluble salts P030 and complexes) N.O.S.

      Cyanogen Ethanedinitrile 460-19-5 P031 Cyanogen bromide Cyanogen bromide 506-68-3 U246 (CN)Br Cyanogen chloride Cyanogen chloride 506-77-4 P033 (CN)Cl Cycasin beta-D-Glucopyranoside, 14901-08-7 (methyl-ONN- azoxy)methyl Cycloate Carbamothioic acid, 1134-23-2 cyclohexylethyl-, S-ethyl ester 2-Cyclohexyl-4,6- Phenol, 2-cyclohexyl-4,6- 131-89-5 P034 dinitrophenol dinitro- Cyclophosphamide 2H-1,3,2- 50-18-0 U058 Oxazaphosphorin-2- amine, N,N-bis(2- chloroethyl)tetrahydro-, 2-oxide 2,4-D Acetic acid, (2,4- 94-75-7 U240 dichlorophenoxy)- 2,4-D, salts, esters U240 Daunomycin 5,12-Naphthacenedione, 20830-81-3 U059 8-acetyl-10-[(3-amino- 2,3,6-trideoxy-alpha-L- lyxo-hexopyranosyl)oxy]- 7,8,9,10-tetrahydro- 6,8,11-trihydroxy-1- methoxy-, (8S-cis)- Dazomet 2H-1,3,5-thiadiazine-2- 533-74-4 thione, tetrahydro-3,5- dimethyl DDD Benzene, 1,1'-(2,2- 72-54-8 U060 dichloroethylidene)bis[4- chloro- DDE Benzene, 1,1'- 72-55-9 (dichloroethenylidene)bis [4-chloro- DDT Benzene, 1,1'-(2,2,2- 50-29-3 U061 trichloroethylidene)bis[4- chloro- Diallate Carbamothioic acid, 2303-16-4 U062 bis(1-methylethyl)-, S- (2,3-dichloro-2-propenyl)

      1. ester Dibenz[a,h]acridine Same 226-36-8 Dibenz[a,j]acridine Same 224-42-0 Dibenz[a,h]anthracene Same 53-70-3 U063 7H- Same 194-59-2 Dibenzo[c,g]carbazole Dibenzo[a,e]pyrene Naphtho[1,2,3,4- 192-65-4 def]chrysene Dibenzo[a,h]pyrene Dibenzo[b,def]chrysene 189-64-0 Dibenzo[a,i]pyrene Benzo[rst]pentaphene 189-55-9 U064 1,2-Dibromo-3- Propane, 1,2-dibromo-3- 96-12-8 U066 chloropropane chloro- Dibutyl phthalate 1,2-Benzenedicarboxylic 84-74-2 U069 acid, dibutyl ester o-Dichlorobenzene Benzene, 1,2-dichloro- 95-50-1 U070 m-Dichlorobenzene Benzene, 1,3-dichloro- 541-73-1 U071 p-Dichlorobenzene Benzene, 1,4-dichloro- 106-46-7 U072 Dichlorobenzene, Benzene, dichloro- 25321-22-6 N.O.S.

      3,3'-Dichlorobenzidine [1,1'-Biphenyl]-4,4'- 91-94-1 U073 diamine, 3,3'-dichloro- 1,4-Dichloro-2-butene 2-Butene, 1,4-dichloro- 764-41-0 U074 Dichlorodifluoromethane Methane, 75-71-8 U075 dichlorodifluoro- Dichloroethylene, Dichloroethylene 25323-30-2 N.O.S.

      1,1-Dichloroethylene Ethene, 1,1-dichloro- 75-35-4 U078 1,2-Dichloroethylene Ethene, 1,2-dichloro-, 156-60-5 U079 (E)- Dichloroethyl ether Ethane, 1,1'oxybis[2- 111-44-4 U025 chloro- Dichloroisopropyl ether Propane, 2,2'-oxybis[2- 108-60-1 U027 chloro- Dichloromethoxy ethane Ethane, 1,1'- 111-91-1 U024 [methylenebis(oxy)]bis[2- chloro- Dichloromethyl ether Methane, oxybis[chloro- 542-88-1 P016 2,4-Dichlorophenol Phenol, 2,4-dichloro- 120-83-2 U081 2,6-Dichlorophenol Phenol, 2,6-dichloro- 87-65-0 U082 Dichlorophenylarsine Arsonous dichloride, 696-28-6 P036 phenyl- Dichloropropane, Propane, dichloro- 26638-19-7 N.O.S.

      Dichloropropanol, Propanol, dichloro- 26545-73-3 N.O.S.

      Dichloropropene, 1-Propene, dichloro- 26952-23-8 N.O.S.

      1,3-Dichloropropene 1-Propene, 1,3-dichloro- 542-75-6 U084 Dieldrin 2,7:3,6- 60-57-1 P037 Dimethanonaphth[2,3- b]oxirene, 3,4,5,6,9,9- hexachloro- 1a,2,2a,3,6,6a,7,7a- octahydro-, (1aalpha,2beta,2aalpha,3b eta,6beta,6aalpha,7beta,7 aalpha)- 1,2:3,4-Diepoxybutane 2,2'-Bioxirane 1464-53-5 U085 Diethylarsine Arsine, diethyl- 692-42-2 P038 Diethylene glycol, Ethanol, 2,2'-oxybis-, 5952-26-1 U395 dicarbamate dicarbamate 1,4-Diethyleneoxide 1,4-Dioxane 123-91-1 U108 Diethylhexyl phthalate 1,2-Benzenedicarboxylic 117-81-7 U028 acid, bis(2-ethylhexyl)

      1. ester N,N'-Diethylhydrazine Hydrazine, 1,2-diethyl- 1615-80-1 U086 O,O-Diethyl S-methyl Phosphorodithioic acid, 3288-58-2 U087 dithiophosphate O,O-diethyl S-methyl ester Diethyl-p-nitrophenyl Phosphoric acid, diethyl 311-45-5 P041 phosphate 4-nitrophenyl ester Diethyl phthalate 1,2-Benzenedicarboxylic 84-66-2 U088 acid, diethyl ester O,O-Diethyl O-pyrazinyl Phosphorothioic acid, 297-97-2 P040 phosphoro- thioate O,O-diethyl O-pyrazinyl ester Diethylstilbesterol Phenol, 4,4'-(1,2-diethyl- 56-53-1 U089 1,2-ethenediyl)bis-, (E)- Dihydrosafrole 1,3-Benzodioxole, 5- 94-58-6 U090 propyl- Diisopropylfluorophosph Phosphorofluoridic acid, 55-91-4 P043 ate (DFP) bis(1-methylethyl) ester Dimethoate Phosphorodithioic acid, 60-51-5 P044 O,O-dimethyl S-[2- (methylamino)-2- oxoethyl] ester 3,3'-Dimethoxybenzidine [1,1'-Biphenyl]-4,4'- 119-90-4 U091 diamine, 3,3'-dimethoxy- p- Benzenamine, N,N- 60-11-7 U093 Dimethylaminoazobenzen dimethyl-4-(phenylazo)- e 7,12- Benz[a]anthracene, 7,12- 57-97-6 U094 Dimethylbenz[a]anthrace dimethyl- ne 3,3'-Dimethylbenzidine [1,1'-Biphenyl]-4,4'- 119-93-7 U095 diamine, 3,3'-dimethyl- Dimethylcarbamoyl Carbamic chloride, 79-44-7 U097 chloride dimethyl- 1,1-Dimethylhydrazine Hydrazine, 1,1-dimethyl- 57-14-7 U098 1,2-Dimethylhydrazine Hydrazine, 1,2-dimethyl- 540-73-8 U099 alpha,alpha- Benzeneethanamine, 122-09-8 P046 Dimethylphenethylamine alpha,alpha-dimethyl- 2,4-Dimethylphenol Phenol, 2,4-dimethyl- 105-67-9 U101 Dimethyl phthalate 1,2-Benzenedicarboxylic 131-11-3 U102 acid, dimethyl ester Dimethyl sulfate Sulfuric acid, dimethyl 77-78-1 U103 ester Dimetilan Carbamic acid, dimethyl-, 644-64-4 P191 1-[(dimethylamino)
         1. carbonyl]-5-methyl-IH- pyrazol-3yl ester 1 Benzene, dinitro- 25154-54-5 Dinitrobenzene, N.O.S.

      4,6-Dinitro-o-cresol Phenol, 2-methyl-4,6- 534-52-1 P047 dinitro- 4,6-Dinitro-o-cresol salts P047 2,4-Dinitrophenol Phenol, 2,4-dinitro- 51-28-5 P048 2,4-Dinitrotoluene Benzene, 1-methyl-2,4- 121-14-2 U105 dinitro- 2,6-Dinitrotoluene Benzene, 2-methyl-1,3- 606-20-2 U106 dinitro- Dinoseb Phenol, 2-(1- 88-85-7 P020 methylpropyl)-4,6- dinitro- Di-n-octyl phthalate 1,2-Benzenedicarboxylic 117-84-0 U017 acid, dioctyl ester Diphenylamine Benzenamine, N-phenyl- 122-39-4 1,2-Diphenylhydrazine Hydrazine, 1,2-diphenyl- 122-66-7 U109 Di-n-propylnitrosamine 1-Propanamine, N- 621-64-7 U111 nitroso-N-propyl- Disulfiram Thioperoxydicarbonic 97-77-8 diamide, tetraethyl Disulfoton Phosphorodithioic acid, 298-04-4 P039 O,O-diethyl S-[2- (ethyltho)ethyl] ester Dithiobiuret Thioimidodicarbonic 541-53-7 P049 diamide [H2N)C(S)]2NH Endosulfan 6,9-Methano-2,4,3- 115-29-7 P050 benzodioxathiepin, 6,7,8,9,10,10-hexachloro- 1,5,5a,6,9,9a- hexahydro-, 3-oxide Endothall 7- 145-73-3 P088 Oxabicyclo[2.2.1]heptane -2,3-dicarboxylic acid Endrin 2,7:3,6- 72-20-8 P051 Dimethanonaphth(2,3- b)oxirene, 3,4,5,6,9,9- hexachloro- 1a,2,2a,3,6,6a,7,7a- octahydro-, (1aalpha,2beta,2abeta,3al pha,6alpha,6abeta,7beta,7 aalpha)- Endrin metabolites P051 Epichlorophydrin Oxirane, (chloromethyl)- 106-89-8 U041 Epinephrine 1,2-Benzenediol, 4-[1- 51-43-4 P042 hydroxy-2- (methylamino)ethyl]-, (R)- EPTC Carbamothioic acid, 759-94-4 dipropyl-, S-ethyl ester Ethyl carbamate Carbamic acid, ethyl ester 51-79-6 U238 (urethane)

      Ethyl cyanide Propanenitrile 107-12-0 P101 Ethylenebisdithiocarbami Carbamodithioic acid, 111-54-6 U114 c acid 1,2-ethanediylbis- Ethylenebisdithiocarbami U114 c acid, salts and esters Ethylene dibromide Ethane, 1,2-dibromo- 106-93-4 U067 Ethylene dichloride Ethane, 1,2-dichloro- 107-06-2 U077 Ethylene glycol Ethanol, 2-ethoxy- 110-80-5 U359 monoethyl ether Ethyleneimine Aziridine 151-56-4 P054 Ethylene oxide Oxirane 75-21-8 U115 Ethylenethiourea 2-Imidazolidinethione 96-45-7 U116 Ethylidene dichloride Ethane, 1,1-dichloro- 75-34-3 U076 Ethyl methacrylate 2-Propenoic acid, 2- 97-63-2 U118 methyl-, ethyl ester Ethyl methanesulfonate Methanesulfonic acid, 62-50-0 U119 ethyl ester Ethyl Ziram Zinc, 14324-55-1 bis(diethylcarbamodithioa to-S,S')- Famphur Phosphorothionic acid, 52-85-7 P097 O-[4- [(dimethylamino)sulfonyl ]phenyl] O,O-dimethyl ester Ferbam Iron, 14484-64-1 tris(dimethylcarbamodithi oato-S,S')- Fluoranthene Same 206-44-0 U120 Fluorine Same 7782-41-4 P056 Fluoroacetamide Acetamide, 2-fluoro- 640-19-7 P057 Fluoroacetic acid, sodium Acetic acid, fluoro-, 62-74-8 P058 salt sodium salt Formaldehyde Same 50-00-0 U122 Formetanate Methanimidamide, N,N- 23422-53-9 P198 hydrochloride dimethyl-N'-[3- [[(methylamino)

      1. carbonyl]oxy]phenyl]-, monohydrochloride Formic acid Same 64-18-6 U123 Formparanate Methanimidamide, N-N- 17702-57-7 P197 dimethyl-N'-[2-methyl-4- [[(methylamino)
         1. carbonyl]oxy]phenyl]- Glycidylaldehyde Oxiranecarboxyaldehyde 765-34-4 U126 Halomethanes, N.O.S.

      Heptachlor 4,7-Methano-1H-indene, 76-44-8 P059 1,4,5,6,7,8,8-heptachloro- 3a,4,7,7a-tetrahydro- Heptachlor epoxide 2,5-Methano-2H- 1024-57-3 indeno[1,2-b]oxirene, 2,3,4,5,6,7,7-heptachloro- 1a,1b,5,5a,6,6a-hexa- hydro-, (1aalpha,1bbeta,2alpha,5a lpha,5abeta,6beta,6aalpha )- Heptachlor epoxide (alpha, beta, and gamma isomers)

      Heptachlorodibenzofuran s.

      Heptachlorodibenzo-p- dioxins Hexachlorobenzene Benzene, hexachloro- 118-74-1 U127 Hexachlorobutadiene 1,3-Butadiene, 87-68-3 U128 1,1,2,3,4,4-hexachloro- Hexachlorocyclopentadie 1,3-Cyclopentadiene, 77-47-4 U130 ne 1,2,3,4,5,5-hexachloro- Hexachlorodibenzo-p- dioxins Hexachlorodibenzofurans Hexachloroethane Ethane, hexachloro- 67-72-1 U131 Hexachlorophene Phenol, 2,2'- 70-30-4 U132 methylenebis[3,4,6- trichloro- Hexachloropropene 1-Propene, 1,1,2,3,3,3- 1888-71-7 U243 hexachloro- Hexaethyl tetraphosphate Tetraphosphoric acid, 757-58-4 P062 hexaethyl ester Hydrazine Same 302-01-2 U133 Hydrogen cyanide Hydrocyanic acid 74-90-8 P063 Hydrogen fluoride Hydrofluoric acid 7664-39-3 U134 Hydrogen sulfide Hydrogen sulfide H2S 7783-06-4 U135 Indeno[1,2,3-cd]pyrene Same 193-39-5 U137 3-Iodo-2-propynyl n- Carbamic acid, butyl-, 3- 55406-53-6 butylcarbamate iodo-2-propynyl ester Isobutyl alcohol 1-Propanol, 2-methyl- 78-83-1 U140 Isodrin 1,4,5,8- 465-73-6 P060 Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro- 1,4,4a,5,8,8a-hexahydro, (1alpha,4alpha,4abeta,5be ta,8beta,8-abeta)- Isolan Carbamic acid, dimethyl-, 119-38-0 P192 3-methyl-1-(1- methylethyl)-1H-pyrazol- 5-yl ester Isosafrole 1,3-Benzodioxole, 5-(1- 120-58-1 U141 propenyl)- Kepone 1,3,4-Metheno-2H- 143-50-0 U142 cyclobuta[cd]pentalen-2- one, 1,1a,3,3a,4,5,5,5a,5b,6- decachlorooctahydro- Lasiocarpine 2-Butenoic acid, 2- 303-34-4 U143 methyl-,7-[[2,3- dihydroxy-2-(1- methoxyethyl)-3-methyl- 1 - oxobutoxy]methyl]- 2,3,5,7a-tetrahydro-1H- pyrrolizin-1-yl ester, [1S- [1alpha(Z),7(2S*,3R*),7a alpha]]- Lead Same 7439-92-1 Lead compounds, N.O.S.

      Lead acetate Acetic acid, lead(2+) salt 301-04-2 U144 Lead phosphate Phosphoric acid, lead(2+) 7446-27-7 U145 salt (2:3)

      Lead subacetate Lead, bis(acetato- 1335-32-6 U146 O)tetrahydroxytri- Lindane Cyclohexane, 1,2,3,4,5,6- 58-89-9 U129 hexachloro-, (1alpha,2alpha,3beta,4alp ha,5alpha,6beta)- Maleic anhydride 2,5-Furandione 108-31-6 U147 Maleic hydrazide 3,6-Pyridazinedione, 1,2- 123-33-1 U148 dihydro- Malononitrile Propanedinitrile 109-77-3 U149 Manganese Manganese, 15339-36-3 P196 dimethyldithiocarbamate bis(dimethylcarbamodithi oato-S,S')- Melphalan L-Phenylalanine, 4- 148-82-3 U150 [bis(2- chloroethyl)aminol]- Mercury Same 7439-97-6 U151 Mercury compounds, N.O.S.

      Mercury fulminate Fulminic acid, 628-86-4 P065 mercury(2+) salt Metam Sodium Carbamodithioic acid, 137-42-8 methyl-, monosodium salt Methacrylonitrile 2-Propenenitrile, 2- 126-98-7 U152 methyl- Methapyrilene 1,2-Ethanediamine, N,N- 91-80-5 U155 dimethyl-N'-2-pyridinyl- N'-(2-thienylmethyl)- Methiocarb Phenol, (3,5-dimethyl-4- 2032-65-7 P199 (methylthio)-, methylcarbamate Methomyl Ethanimidothioic acid, N- 16752-77-5 P066 [[(methylamino)carbonyl] oxy]-, methyl ester Methoxychlor Benzene, 1,1'-(2,2,2- 72-43-5 U247 trichloroethylidene)bis[4- methoxy- Methyl bromide Methane, bromo- 74-83-9 U029 Methyl chloride Methane, chloro- 74-87-3 U045 Methyl chlorocarbonate Carbonochloridic acid, 79-22-1 U156 methyl ester Methyl chloroform Ethane, 1,1,1-trichloro- 71-55-6 U226 3-Methylcholanthrene Benz[j]aceanthrylene, 56-49-5 U157 1,2-dihydro-3-methyl- 4,4'-Methylenebis (2- Benzenamine, 4,4'- 101-14-4 U158 chloroaniline) methylenebis[2-chloro- Methylene bromide Methane, dibromo- 74-95-3 U068 Methylene chloride Methane, dichloro- 75-09-2 U080 Methyl ethyl ketone 2-Butanone 78-93-3 U159 (MEK)

      Methyl ethyl ketone 2-Butanone, peroxide 1338-23-4 U160 peroxide Methyl hydrazine Hydrazine, methyl- 60-34-4 P068 Methyl iodide Methane, iodo- 74-88-4 U138 methyl isocyanate Methane, isocyanato- 624-83-9 P064 2-Methyllactonitrile Propanenitrile, 2- 75-86-5 P069 hydroxy-2-methyl- Methyl methacrylate 2-Propenoic acid, 2- 80-62-6 U162 methyl-, methyl ester Methyl methanesulfonate Methanesulfonic acid, 66-27-3 methyl ester Methyl parathion Phosphorothioic acid, 298-00-0 P071 O,O-dimethyl O-(4- nitrophenyl) ester Methylthiouracil 4(1H)-Pyrimidinone, 2,3- 56-04-2 U164 dihydro-6-methyl-2- thioxo- Metolcarb Carbamic acid, methyl-, 1129-41-5 P190 3-methylphenyl ester Mexacarbate Phenol, (4- 315-18-4 P128 Idimethylamino)-3,5- dimethyl-, methylcarbamate (ester)

      Mitomycin C Azirino[2',3':3,4]pyrrolo[ 50-07-7 U010 1,2-a]indole-4,7-dione, 6- amino-8- [[(aminocarbonyl)oxy]me thyl]-1,1a,2,8,8a,8b- hexahydro-8a-methoxy-5- methyl-, [1aS- (1aalpha,8beta,8aalpha,8b alpha)]-.

      MNNG Guanidine, N-methyl-N'- 70-25-7 U163 nitro-N-nitroso- Molinate 1H-Azepine-1- 2212-67-1 carbothioic acid, hexahydro-, S-ethyl ester Mustard gas Ethane, 1,1'-thiobis[2- 505-60-2 P909 chloro- Mustard T Bis(2- 63918-89-8 P910 chloroethylthioethyl)

      1. ether Naphthalene Same 91-20-3 U165 1,4-Naphthoquinone 1,4-Naphthalenedione 130-15-4 U166 alpha-Naphthylamine 1-Naphthalenamine 134-32-7 U167 beta-Naphthylamine 2-Naphthalenamine 91-59-8 U168 alpha-Naphthylthiourea Thiourea, 1-naphthalenyl- 86-88-4 P072 Nickel Same 7440-02-0 Nickel compounds, N.O.S.

      Nickel carbonyl Nickel carbonyl Ni(CO)4, 13463-39-3 P073 (T-4)- Nickel cyanide Nickel cyanide Ni(CN)2 557-19-7 P074 Nicotine Pyridine, 3-(1-methyl-2- 54-11-5 P075 pyrrolidinyl)-, (S)- Nicotine salts P075 Nitric oxide Nitrogen oxide NO 10102-43-9 P076 p-Nitroaniline Benzenamine, 4-nitro- 100-01-6 P077 Nitrobenzene Benzene, nitro- 98-95-3 U169 Nitrogen dioxide Nitrogen oxide NO2 10102-44-0 P078 Nitrogen mustard Ethanamine, 2-chloro-N- 51-75-2 (2-chloroethyl)-N- methyl- Nitrogen mustard, hydro- chloride salt Nitrogen mustard N- Ethanamine, 2-chloro-N- 126-85-2 oxide (2-chloroethyl)-N- methyl-, N-oxide Nitrogen mustard, N- oxide, hydrochloride salt Nitroglycerin 1,2,3-Propanetriol, 55-63-0 P081 trinitrate p-Nitrophenol Phenol, 4-nitro- 100-02-7 U170 2-Nitropropane Propane, 2-nitro- 79-46-9 U171 1 35576-91-1 Nitrosamines, N.O.S.

      N-Nitrosodi-n-butylamine 1-Butanamine, N-butyl- 924-16-3 U172 N-nitroso- N-Nitrosodiethanolamine Ethanol, 2,2'- 1116-54-7 U173 (nitrosoiminio)bis- N-Nitrosodiethylamine Ethanamine, N-ethyl-N- 55-18-5 U174 nitroso- N-Nitrosodimethylamine Methanamine, N-methyl- 62-75-9 P082 N-nitros- N-Nitroso-N-ethylurea Urea, N-ethyl-N-nitroso- 759-73-9 U176 N- Ethanamine, N-methyl-N- 10595-95-6 Nitrosomethylethylamine nitroso- N-Nitroso-N-methylurea Urea, N-methyl-N- 684-93-5 U177 nitroso- N-Nitroso-N- Carbamic acid, 615-53-2 U178 methylurethane methylnitroso-, ethyl ester N- Vinylamine, N-methyl-N- 4549-40-0 P084 Nitrosomethylvinylamine nitroso- N-Nitrosomorpholine Morpholine, 4-nitroso- 59-89-2 N-Nitrosononicotine Pyridine, 3-(1-nitroso-2- 16543-55-8 pyrrolidinyl)-, (S)- N-Nitrosopiperidine Piperidine, 1-nitroso- 100-75-4 U179 N-Nitrosopyrrolidine Pyrrolidine, 1-nitroso- 930-55-2 U180 N-Nitrososarcosine Glycine, N-methyl-N- 13256-22-9 nitroso- 5-Nitro-o-toluidine Benzenamine, 2-methyl- 99-55-8 U181 5-nitro- Octachlorodibenzo-p- 1,2,3,4,6,7,8,9- 3268-87-9 K174 dioxin (OCDD) Octachlorodibenzo-p- dioxin Octachlorodibenzofuran 1,2,3,4,6,7,8,9- 39001-02-0 K174 Octachlorodibenzofuran Octamethylpyrophos- Diphosphoramide, 152-16-9 P085 phoramide octamethyl- Osmium tetroxide Osmium oxide OsO4, (T- 20816-12-0 P087 4)- Oxamyl Ethanimidothioc acid, 2- 23135-22-0 P194 (dimethylamino)-N- [[(methylamino)carbonyl] oxy]-2- oxo-,methyl ester Paraldehyde 1,3,5-Trioxane, 2,4,6- 123-63-7 U182 trimethyl- Parathion Phosphorothioic acid, 56-38-2 P089 O,O-diethyl O-(4- nitrophenyl) ester Pebulate Carbamothioic acid, 1114-71-2 butylethyl-, S-propyl ester Pentachlorobenzene Benzene, pentachloro- 608-93-5 U183 Pentachlorodibenzo-p- dioxins Pentachlorodibenzofurans Pentochloroethane Ethane, pentachloro- 76-01-7 U184 Pentachloronitrobenzene Benzene, 82-68-8 U185 (PCNB) pentachloronitro- Pentachlorophenol Phenol, pentachloro- 87-86-5 See F027 Phenacetin Acetamide, N-(4- 62-44-2 U187 ethoxyphenyl)- Phenol Same 108-95-2 U188 Phenylenediamine Benzenediamine 25265-76-3 Phenylmercury acetate Mercury, (acetato- 62-38-4 P092 O)phenyl- Phenylthiourea Thiourea, phenyl- 103-85-5 P093 Phosgene Carbonic dichloride 75-44-5 P095 Phosphine Same 7803-51-2 P096 Phorate phosphorodithioic acid, 298-02-2 P094 O,O-diethyl S- [(ethylthio)methyl] ester Phthalic acid esters, N.O.S.

      Phthalic anhydride 1,3-Isobenzofurandione 85-44-9 U190 Physostigmine Pyrrolo[2,3-b]indol-5-01, 57-47-6 P204 1,2,3,3a,8,8a-hexahydro- 1,3a,8- trimethyl-,methylcarbama te (ester), (3aS-cis)- Physostigmine salicylate Benzoic acid, 2-hydroxy-, 57-64-7 P188 compd. with (3aS-cis) - 1,2,3,3a,8,8a-hexahydro- 1,3a,8-trimethylpyrrolo [2,3-b]indol-5-yl methylcarbamate ester (1:1)

      2-Picoline Pyridine, 2-methyl- 109-06-8 U191 Polychlorinated biphenyls, N.O.S.

      Potassium cyanide Potassium cyanide K(CN) 151-50-8 P098 Potassium Carbamodithioic acid, 128-03-0 dimethyldithiocarbamate dimethyl, potassium salt Potassium n- Carbamodithioic acid, 51026-28-9 hydroxymethyl-n-methyl- (hydroxymethyl)methyl-, dithiocarbamate monopotassium salt Potassium n- Carbamodithioic acid, 137-41-7 methyldithiocarbamate methyl-monopotassium salt Potassium Pentachlorophenol, 7778736 None pentachlorophenate potassium salt Potassium silver cyanide Argentate(1-), bis(cyano- 506-61-6 P099 C)-, potassium Promecarb Phenol, 3-methyl-5-(1- 2631-37-0 P201 methylethyl)-, methyl carbamate Pronamide Benzamide, 3,5-dichloro- 23950-58-5 U192 N-(1,1-dimethyl-2- propynyl)- 1,3-Propane sultone 1,2-Oxathiolane, 2,2- 1120-71-4 U193 dioxide Propham Carbamic acid, phenyl-, 122-42-9 U373 1-methylethyl ester Propoxur Phenol, 2-(1- 114-26-1 U411 methylethoxy)-, methylcarbamate n-Propylamine 1-Propanamine 107-10-8 U194 Propargyl alcohol 2-Propyn-1-ol 107-19-7 P102 Propylene dichloride Propane, 1,2-dichloro- 78-87-5 U083 1,2-Propylenimine Aziridine, 2-methyl- 75-55-8 P067 Propylthiouracil 4(1H)-Pyrimidinone, 2,3- 51-52-5 dihydro-6-propyl-2- thioxo- Prosulfocarb Carbamothioic acid, 52888-80-9 U387 dipropyl-, S- (phenylmethyl)ester Pyridine Same 110-86-1 U196 Reserpine Yohimban-16-carboxylic 50-55-5 U200 acid, 11,17-dimethoxy- 18-[(3,4,5- trimethoxybenzoyl)oxy]- smethyl ester, (3beta,16beta,17alpha,18 beta,20alpha)- Resorcinol 1,3-Benzenediol 108-46-3 U201 Saccharin 1,2-Benzisothiazol- 81-07-2 U202 3(2H)-one, 1,1-dioxide Saccharin salts U202 Safrole 1,3-Benzodioxole, 5-(2- 94-59-7 U203 propenyl)- Sarin, GB Isopropyl 107-44-8 P911 methylphosphonofluorida te Selenium Same 7782-49-2 Selenium compounds, N.O.S.

      Selenium dioxide Selenious acid 7783-00-8 U204 Selenium sulfide Selenium sulfide SeS2 7488-56-4 U205 Selenium, tetrakis Carbamodithioic acid, 144-34-3 (dimethyldithiocarbamate dimethyl-, ) tetraanhydrosulfide with orthothioselenious acid Selenourea Same 630-10-4 P103 Silver Same 7440-22-4 Silver compounds, N.O.S.

      Silver cyanide Silver cyanide Ag(CN) 506-64-9 P104 Silvex (2,4,5-TP) Propanoic acid, 2-(2,4,5- 93-72-1 See F027 trichlorphenoxy)- Sodium cyanide Sodium cyanide Na(CN) 143-33-9 P106 Sodium Carbamodithioic acid, 136-30-1 dibutyldithiocarbamate dibutyl, sodium salt Sodium Carbamodithioic acid, 148-18-5 diethyldithiocarbamate diethyl-, sodium salt Sodium Carbamodithioic acid, 128-04-1 dimethyldithiocarbamate dimethyl-, sodium salt Sodium Pentachlorophenol, 131522 None pentachlorophenate sodium salt Streptozotocin D-Glucose, 2-deoxy-2- 18883-66-4 U206 [[(methylnitrosoamino)ca rbonyl]amino]- Strychnine Strychnidin-10-one 57-24-9 P108 Strychnine salts P108 Sulfallate Carbamodithioic acid, 95-06-7 diethyl-, 2-chloro-2- propenyl ester TCDD Dibenzo[b,e][1,4]dioxin, 1746-01-6 2,3,7,8-tetrachloro- Tetrabutylthiuram Thioperoxydicarbonic 1634-02-2 disulfide diamide, tetrabutyl 1,2,4,5- Benzene, 1,2,4,5- 95-94-3 U207 Tetrachlorobenzene tetrachloro- Tetrachlorodibenzo-p- dioxins Tetrachlorodibenzofurans Tetrachloroethane, Ethane, tetrachloro-, 253322-20-7 1 N.O.S.

      N.O.S.

      1,1,1,2-Tetrachloroethane Ethane, 1,1,1,2- 630-20-6 U208 tetrachloro- 1,1,2,2-Tetrachloroethane Ethane, 1,1,2,2- 79-34-5 U209 tetrachloro- Tetrachloroethylene Ethene, tetrachloro- 127-18-4 U210 2,3,4,6-Tetrachlorophenol Phenol, 2,3,4,6- 58-90-2 See F027 tetrachloro- 2,3,4,6- same 53535276 None Tetrachlorophenol, potassium salt 2,3,4,6- same 25567559 None Tetrachlorophenol, sodium salt Tetramethylthiuram Bis(dimethylthiocarbamo 97-74-5 monosulfide yl) sulfide Tetraethyldithiopyrophos- Thiodiphosphoric acid, 3689-24-5 P109 phate tetraethyl ester Tetraethyl lead Plumbane, tetraethyl- 78-00-2 P110 Tetraethyl pyrophosphate Diphosphoric acid, 107-49-3 P111 tetraethyl ester Tetranitromethane Methane, tetranitro- 509-14-8 P112 Thallium Same 7440-28-0 Thallium compounds, N.O.S.

      Thallic oxide Thallium oxide Tl2O3 1314-32-5 P113 Thallium(I) acetate Acetic acid, thallium(1+) 563-68-8 U214 salt Thallium(I) carbonate Carbonic acid, 6533-73-9 U215 dithallium(1+) salt Thallium(T) chloride Thallium chloride TlCl 7791-12-0 U216 Thallium(I) nitrate Nitric acid, thallium(1+) 10102-45-1 U217 salt Thallium selenite Selenious acid, 12039-52-0 P114 dithallium(1+) salt Thallium(I) sulfate Sulfuric acid, 7446-18-6 P115 dithallium(1+) salt Thioacetamide Ethanethioamide 62-55-5 U218 Thiodicarb Ethanimidothioic acid, 59669-26-0 U410 N,N'-(thiobis [(methylimino)

      1. carbonyloxy]] bis-, dimethyl ester Thiofanox 2-Butanone, 3,3- 39196-18-4 P045 dimethyl-1-(methylthio)-, 0- [(methylamino)carbonyl] oxime Thiomethanol Methanethiol 74-93-1 U153 Thiophanate-methyl Carbamic acid, [1,2- 23564-05-8 U409 phyenylenebis (iminocarbonothioyl)] bis-, dimethyl ester Thiophenol Benzenethiol 108-98-5 P014 Thiosemicarbazide Hydrazinecarbothioamide 79-19-6 P116 Thiourea Same 62-56-6 U219 Thiram Thioperoxydicarbonic 137-26-8 U244 diamide [(H2N)C(S)]2S2, tetramethyl- Tirpate 1,3-Dithiolane-2- 26419-73-8 P185 carboxaldehyde, 2,4- dimethyl-, O- [(methylamino) carbonyl] oxime Toluene Benzene, methyl- 108-88-3 U220 Toluenediamine Benzenedimaine, ar- 25376-45-8 U221 methyl- Toluene-2,4-diamine 1,3-Benzenediamine, 4- 95-80-7 methyl- Toluene-2,6-diamine 1,3-Benzenediamine, 2- 823-40-5 methyl- Toluene-3,4-diamine 1,2-Benzenediamine, 4- 496-72-0 methyl- Toluene diisocyanate Benzene, 1,3- 26471-62-5 U223 diisocyanatomethyl- o-Toluidine Benzenamine, 2-methyl- 95-53-4 U328 o-Toluidine Benzenamine, 2-methyl-, 636-21-5 U222 hydrochloride hydrochloride p-Toluidine Benzenamine, 4-methyl- 106-49-0 U353 Toxaphene Same 8001-35-2 P123 Triallate Carbamothioic acid, 2303-17-5 U389 bis(1-methylethyl)-, S- (2,3,3-trichloro-2- propenyl) ester 1,2,4-Trichlorobenzene Benzene, 1,2,4-trichloro- 120-82-1 1,1,2-Trichloroethane Ethane, 1,1,2-trichloro- 79-00-5 U227 Trichloroethylene Ethene, trichloro- 79-01-6 U228 Trichloromethanethiol Methanethiol, trichloro- 75-70-7 P118 Trichloromonofluorometh Methane, trichlorofuoro- 75-69-4 U121 ane 2,4,5-Trichlorophenol Phenol, 2,4,5-trichloro- 95-95-4 See F027 2,4,6-Trichlorophenol Phenol, 2,4,6-trichloro- 88-06-2 See F027 2,4,5-T Acetic acid, (2,4,5- 93-76-5 See F027 trichlorophenoxy)- Trichloropropane, 25735-29-9 N.O.S.

      1,2,3-Trichloropropane Propane, 1,2,3-trichloro- 96-18-4 Triethylamine Ethanamine, N,N-diethyl- 121-44-8 U404 O,O,O-Triethyl Phosphorothioic acid, 126-68-1 phosphorothioate O,O,O-triethyl ester 1,3,5-Trinitrobenzene Benzene, 1,3,5-trinitro- 99-35-4 U234 Tris(1- Aziridine, 1,1',1′- 52-24-4 aziridinyl)phosphine phosphimothioylidynetris sulfide - Tris(2,3-dibromopropyl) 1-Propanol, 2,3- 126-72-7 U235 phosphate dibromo-, phosphate (3:1)

      Trypan blue 2,7- 72-57-1 U236 Naphthalenedisulfonic acid, 3,3'-[(3,3'- dimethyl[1,1'-biphenyl]- 4,4'diyl)bis(azo)]- bis[5- amino-4-hydroxy-, tetrasodium salt.

      Uracil mustard 2,4-(1H,3H)- 66-75-1 U237 Pyrimidinedione, 5- [bis(2- chloroethyl)amino]- Vanadium pentoxide Vanadium oxide V2O5 1314-62-1 P120 Vernolate Carbamothioic acid, 1929-77-7 dipropyl-, S-propyl ester Vinyl chloride Ethene, chloro- 75-01-4 U043 Warfarin 2H-1-Benzopyran-2-one, 81-81-2 U248 4-hydroxy-3-(3-oxo-1- phenybutyl)-, when present at concentrations less than 0.3% Warfarin 2H-1-Benzopyran-2-one, 81-81-2 P001 4-hydroxy-3-(3-oxo-1- phenylbutyl)-, when present at concentrations greater than 0.3% Warfarin salts, when U248 present at concentrations less than 0.3% Warfarin salts, when P001 present at concentrations greater than 0.3% Zinc cyanide Zinc cyanide Zn(CN)2 557-21-1 P121 Zinc phosphide Zinc phosphide Zn3P2, 1314-84-7 P122 when present at concentrations greater than 10% Zinc phosphide Zinc phosphide Zn3P2, 1314-84-7 U249 when present at concentrations of 10% or less Ziram Zinc, 137-30-4 P205 bis(dimethylcarbamodithi oato-S,S')-, (T-4)- FOOTNOTE: The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not specifically listed by name in this appendix.

PART 261, APPENDIX IX — WASTES EXCLUDED UNDER §§ 260.20 AND 260.22 DELISTING #: 001 FACILITY: South Adams County Water and Sanitation District (“SACWSD”) ADDRESS: 7400 Quebec Street, Commerce City WASTE: Spent granular activated carbon (“GAC”) contaminated with spent halogenated solvents, EPA hazardous waste # F002, generated after January 15, 1992. CONDITIONS: This delisting is valid only for the above specified wastestream under the following conditions:

a) The waste may not be land disposed. This restriction specifically includes, but is not limited to, the following forms of land disposal:

1. i) Storage in lieu of land disposal. The waste may not be stored for greater than one year unless the petitioner can prove that such storage is necessary to facilitate proper treatment of the waste as specified by the conditions of the delisting.
   1. ii) Placement of the waste on or in the land as defined in 6 CCR 1007-3, § 268.2.

b) The waste must be regenerated at an incinerator in compliance with Sections 3004 and 3005 of the federal Solid Waste Disposal Act, 42 U.S.C. Sections 6924 and 6925; and Section 121(d)(3) of the federal Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9621(d)(3).

c) The unit which regenerates the waste must meet the limits on the parameters below for each batch of SACWSD's waste:

1. i) Regeneration facility must be able to demonstrate that at least 99.99% destruction removal efficiency is achieved for the following compounds:

chloroform1,1 dichloroethane (1,1 DCA)1,1 dichloroethene (1,1 DCE)t-1, 2 dichloroethene (t-1,2 DCE)1,1 dichloropropanetetrachloroethene (perchloroethylene or PCE)1,1,1 trichloroethane (1,1,1 TCA)trichloroethene(TCE)

1. ii) An afterburner combustion temperature that can be shown to achieve the required 99.99% destruction removal efficiency must be maintained. The afterburner combustion temperature shall not be less than 1,700 degrees F.
   1. iii) The regeneration facility must remain in compliance with all applicable local, state, and federal environmental regulations.

d) SACWSD is required to obtain documentation which clearly shows that each batch of spent carbon was regenerated under the required conditions. Records must be kept on site at the Klein plant for a minimum of three years.

e) SACSWD must notify the Hazardous Materials and Waste Management Division, Hazardous Waste Control Section on a quarterly basis, of SACWSD's knowledge of significant changes in the type or concentration of hazardous constituents in the carbon or in the influent to SACWSD's GAC system. “Significant changes” are defined as increases in the total concentration of any of the following constituents (in the carbon or the influent) which exceed the values given in the October 1990 petition by 50% or greater:

1. chloroform1,1 dichloroethane (1,1 DCA)1,1 dichloroethene (1,1 DCE)trans-1,2 dichloroethene (t- 1,2 DCE)1,1 dichloropropanetetrachloroethene (perchloroethylene or PCE)1,1,1 trichloroethane (1,1,1 TCA)trichloroethene (TCE)

“Significant changes” also refers to the appearance of any additional Part 264, Appendix IX hazardous constituents (in either the carbon or the influent) not represented in SACWSD's October 1990 delisting petition.

f) The Department reserves the right to re-evaluate and, if necessary, revoke this delisting or modify its conditions in the event of any “significant changes” (as defined above) in the carbon or in the influent to SACWSD's GAC system.

DELISTING #: 002 FACILITY: NTI, A Division of Colorado Springs Circuits, Inc. (“NTI”) ADDRESS: 6035 Galley Road, Colorado Springs, 80915 WASTE: Wastewater Treatment Sludge from Electroplating Operation EPA hazardous waste # F006, generated after August 20, 1996.

CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted December 5, 1995, under the following conditions:

a. Changes to Current Processes.

1. 1. NTI must notify the Division at least 30 days prior to implementing any major change to the electroplating process or the wastewater treatment process. “Major changes” to the wastewater treatment process includes removing or adding process equipment, using different treatment processes, or utilizing different hazardous chemicals or reagents. “Major changes” to the electroplating process includes using different chemicals or reagents which contain any hazardous waste constituent listed in 6 CCR 1007-3, Part 261, Appendix VIII. The change must be approved by the Division in a written letter prior to being implemented at the site.
   1. 2. NTI must notify the Hazardous Materials and Waste Management Division, Hazardous Waste Control Section within 15 days after implementing any change to the wastewater treatment process or electroplating process at the facility which causes a significant change in the type or concentration of any hazardous constituents in the waste. “Significant change” is defined as an increase in the waste concentration of any constituent listed below, greater than the total concentration specified below: Constituent Total Concentration (ppm)

      Arsenic 3 Chromium 63 Copper 244,760 Lead 202 Mercury .12 Nickel 227 “Significant changes” also includes the detection of any additional Part 261, Appendix VIII hazardous constituents not identified above.

      1. 3. In the event that changes to the process occur resulting in any significant changes in the constituents present in the waste, the delisting will not be applicable to such generated waste unless the Director determines that the significant change will not be considered to be harmful to human health and the environment.

b. Sampling Requirements.

1. 1. NTI shall conduct quarterly sampling of the delisted waste to monitor any significant change in the type or concentration of any hazardous constituents in the waste.

c. Storage Requirements.

1. 1. Delisted waste generated at the facility may not be stored for a period greater than one year.
   1. 2. The maximum total volume or weight of the delisted waste on-site at any one time shall not exceed 40 cubic yards or 28 tons.
      1. 3. The waste must be stored in a container. The container must be capable of being closed. The container must be labelled as containing delisted waste, dated with an accumulation start date, and kept closed at all times except when it is necessary to add or remove waste.

d. Recordkeeping Requirements.

1. 1. NTI is required to maintain records of each batch of waste generated including documentation of accumulation dates, amount (volume or weight), and any unusual physical characteristics observed during the generation process (e.g. smell, texture, color).
   1. 2. NTI is required to maintain records of the disposal of all delisted waste which document that the disposal is in accordance with requirements of this delisting.
      1. 3. NTI is required to maintain records of all quarterly sampling conducted under paragraph b of this delisting.
         1. 4. All records must be maintained on site at the facility for a minimum of three years.

e. Disposal Requirements.

1. 1. The delisled waste shall be disposed in a landfill meeting the requirements of the Colorado Solid Waste Regulations (6 CCR 1007-2). In addition the landfill must possess the following characteristics:
   1. i. The landfill must have a designed and constructed liner system.
      1. ii. The liner system must be constructed of soils or other material which is capable of sustaining an alkaline condition.

DELISTING # 003 FACILITY: Denver Arapahoe Chemical Waste Processing Facility (“DACWPF”) EPA ID NO.: COD000695007 ADDRESS: 27500 E. Yale Avenue, Aurora, Colorado 80044 WASTE: Leachate which collects in the primary and secondary leachate collection sumps of the DACWPF reconstructed cell (EPA hazardous waste # F039), removed after October 30,1998. CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted June 16, 1998, under the following conditions:

1. The collected leachate must be used only for dust suppression at Subtitle D solid waste disposal facilities;

2. Use of the collected leachate for dust suppression shall be limited to areas within the footprint of any Subtitle D solid waste disposal facility liner system and shall not be applied to the final cover of any Subtitle D solid waste disposal facility;

3. The leachate must be sampled annually and analyzed for toxicity characteristic leaching procedure (“TCLP”) metals, volatiles, semi-volatiles, and pesticides to ensure that it will satisfy the conditions presented in the petition and does not exceed applicable risk levels; and 4. Appropriate precautions should be taken to avoid dermal contact or ingestion of the leachate such as, where appropriate, use of repellent boots, coveralls, gloves, and safety glasses. DELISTING #: 004 FACILITY: AAA Plating, Inc.

ADDRESS: 7777 40th Avenue, Denver, CO 80205 WASTE: Wastewater Treatment Sludge from Electroplating and Chemical Conversion Coating Operations. EPA Hazardous Waste Codes F006 and F019 generated after June 20, 2000. CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on January 5, 2000 under the following conditions:

a. Changes to Current Operations

1. 1. AAA Plating must notify the Division at least 30-days prior to implementing any major change to the electroplating or chemical conversion coating processes. A major change is any change including alteration of the current wastewater treatment process or incorporating different hazardous chemicals or reagents such that the composition of the wastewater treatment sludge is altered.
   1. 2. AAA Plating must notify the Hazardous Waste Compliance Unit of the Hazardous Materials and Waste Management Division within 15 days after implementing any change to the wastewater treatment, electroplating, or chemical conversion coating processes that cause a significant change in the type or concentration of any hazardous constituent in the waste. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

      Constituent Total Concentration (ppm)

      Arsenic 0.58 Barium 10.87 Cadmium 8.53 Chromium (Hexavalent) Detection Lead 16.88 Mercury Detection Nickel 3083 Selenium Detection Silver 30.1 Significant change also includes the detection of any additional Part 264, Appendix IX hazardous constituents that are not identified above.

      1. 3. The Division reserves the right to re-evaluate and, if necessary, revoke this approval or modify these conditions in the event that a significant change, as defined above, is reported by AAA Plating. In such case, the Division may revoke or impose temporary requirements on the petitioned waste until such time as the petition can be re-evaluated.

b. Storage Requirements

1. 1. The delisted waste generated by AAA Plating may not be accumulated on-site for a period in excess of one year.
   1. 2. The volume of delisted waste accumulated on-site may not exceed 40 cubic yards or 28 tons at any given time.
      1. 3. The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as “delisted waste” and with an accumulation start date. The container must be kept closed except for when waste is being added to or removed from the container.

c. Recordkeeping Requirements

1. 1. AAA Plating shall maintain records of the disposal or recycling of all delisted waste that documents that such activities are in accordance with the delisting petition.
   1. 2. AAA Plating shall maintain all records required by number one above for a period of at least three years.

d. Disposal Requirements

1. 1. The delisted waste shall be disposed in a landfill meeting the requirements of the Colorado Solid Waste Regulations (6 CCR 1007-2) or recycled at an appropriate metal reclamation facility.

DELISTING #: 005 FACILITY: Wright and McGill Company ADDRESS: 4245 East 46th Avenue, Denver, Colorado 80216 WASTE: Wastewater Treatment Sludge from Chemical Etching Operations. EPA Hazardous Waste Code F006 generated after November 20, 2001.

CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on June 25, 2001 under the following conditions:

a. Changes to Current Operation

1. 1. The Wright and McGill Company must notify the Department at least 30-days prior to implementing any major change to the chemical etching (i.e., the lazer sharpening) process. A major change is any change including alteration of the current wastewater treatment process or incorporating different hazardous chemicals or reagents such that the composition of the lazer sludge is altered.
   1. 2. The Wright and McGill Company must notify the Hazardous Waste Compliance Unit of the Hazardous Materials and Waste Management Division within 15 days after implementing any change to the wastewater treatment or chemical etching process that causes a significant change in the type or concentration of any hazardous constituent in the waste. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

      Constituent Total Concentration (ppm)

      Arsenic Detection Barium 7.96 Cadmium 0.23 Chromium (Hexavalent) Detection Lead 16.53 Mercury Detection Nickel 244.25 Selenium Detection Silver Detection A significant change also includes the detection of any additional Part 264, Appendix VIII hazardous constituents that are not identified above.

      1. 3. The Department reserves the right to re-evaluate and, if necessary, revoke this approval or modify the conditions in the event that a significant change, as defined above, is reported by the Wright and McGill Company. In such case, the Department may revoke or impose temporary requirements on the petitioned waste until such time as the petition can be re- evaluated.

b. Storage Requirements

1. 1. The delisted waste generated by the Wright and McGill Company may not be accumulated on- site for a period in excess of one year.
   1. 2. The volume of delisted waste accumulated on-site may not exceed 40 cubic yards or 28 tons at any given time.
      1. 3. The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as “delisted waste” with an accumulation start date, and the container must be kept closed except for when waste is being added to or removed from the container.

c. Recordkeeping Requirements

1. 1. The Wright and McGill Company shall maintain records documenting that the delisted waste is managed in accordance with the delisting petition.
   1. 2. The Wright and McGill Company shall maintain all records required by number one above for a period of at least three years.

d. Disposal Requirements

1. 1. The delisted waste shall be disposed in a landfill meeting the requirements of the Colorado Solid Waste Regulations (6 CCR 1007-2).

DELISTING#: 006 FACILITY: Photo Stencil, LLC ADDRESS: 4725 Centennial BoulevardColorado Springs, Colorado 80919 WASTE: Wastewater Treatment Sludge from Electroplating and Chemical Etching Operations. EPA Hazardous Waste Code F006 generated after June 17, 2003. CONDITIONS: This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on April 16, 2003 under the following conditions:

a. Changes to Current Operation

1. 1. Photo Stencil must notify the Department at least 30-days prior to implementing any major change to the electroplating and/or chemical etching processes. A major change is any change including alteration of the current wastewater treatment process or incorporating different hazardous chemicals or reagents such that the composition of the wastewater treatment sludge is altered.
   1. 2. Photo Stencil must notify the Hazardous Waste Compliance Unit of the Hazardous Materials and Waste Management Division within 15 days after implementing any change to the wastewater treatment, electroplating, or chemical etching process that causes a significant change in the type or concentration of any hazardous constituent in the waste. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

      Constituent Total Concentration (ppm)

      Arsenic 0.54 Barium 4.6 Cadmium Detection Chromium (Hexavalent) Detection Chromium-total 308.5 Copper 4,715 Lead 10.6 Mercury Detection Nickel 13,183 Selenium Detection Silver Detection Complexed Cyanide Detection A significant change also includes the detection of any additional Part 261, Appendix VIII hazardous constituents that are not identified above.

      1. 3. The Department reserves the right to re-evaluate and, if necessary, revoke this approval or modify the conditions in the event that a significant change, as defined above, is reported by Photo Stencil. In such case, the Department may revoke or impose temporary requirements on the petitioned waste until such time as the petition can be re-evaluated.

b. Storage Requirements

1. 1. The delisted waste generated by Photo Stencil may not be accumulated on-site for a period in excess of one year.
   1. 2. The volume of delisted waste accumulated on-site may not exceed 40 cubic yards or 28 tons at any given time.
      1. 3. The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as “delisted waste” with an accumulation start date, and the container must be kept closed except for when waste is being added to or removed from the container.

c. Recordkeeping Requirements

1. 1. Photo Stencil shall maintain records documenting that the delisted waste is managed in accordance with the delisting petition.
   1. 2. Photo Stencil shall maintain all records required by number one above for a period of at least three years.

d. Disposal Requirements

1. 1. The delisted waste shall be disposed in a landfill meeting the requirements of the Colorado Solid Waste Regulations (6 CCR 1007-2).

Statement of Basis and PurposePart 261 — Identification and Listing of Hazardous Waste Purpose The fundamental purpose of the Part 261 regulations which are promulgated pursuant to C.R.S. 1973, 25- 15-302(2) is to identify those wastes, which, because of the public health and environmental hazards that they may pose in transportation, treatment, storage or disposal, are subject to regulation as hazardous wastes.

Additionally, regulations concerning the identification and listing of hazardous waste are a necessary and required component in conducting a hazardous waste management program; the State intends to obtain EPA authorization for a hazardous waste management program pursuant to C.R.S. 1973, 25-15-302. Such full state authorization to conduct the hazardous waste regulatory program can be granted only upon the determination that the State program is equivalent to that of the EPA. BASIS These regulations are based upon a “cradle-to-grave” system of regulation of hazardous waste. Under this system, hazardous waste is tracked and regulated from the point of generation through storage and transportation to the point of treatment and/or disposal. In this manner, a major portion of the hazardous waste generated in the State is regulated and accounted for, thereby minimizing the potential for public health and environmental problems resulting from improper management, handling, transportation and disposal of these wastes. The great potential for public health and environmental problems, including hazards associated with fire, explosion, direct contact, and air, surface water and groundwater contamination resulting from inadequate management of hazardous wastes has been documented at hundreds of sites throughout the nation and has spurred the development of hazardous waste regulations pursuant to the Resource Conservation and Recovery Act (RCRA) of 1976, Public Law 94-580 These regulations are based, for the most part, on those developed by the EPA under Subtitle C of RCRA. This was done for the reasons discussed below. Because the Federal hazardous waste regulations are comprehensive and technically complex, it was felt that adopting the Federal format and amending specific sections to the needs of the State, as opposed to developing State regulations “from scratch”, would save substantial amounts of time and financial resources. Also, it was felt that the process of determination of initial program equivalency would be greatly simplified through adoption of the Federal format. Further, because the Federal regulations are presently subject to frequent amendment, adoption of the Federal format greatly enhances maintaining equivalency of the State regulations to the Federal program.

As stated above, much of the scientific basis for these regulations was developed in the course of EPA research and investigations over a period of several years. Therefore, all information utilized by EPA in developing and proposing these regulations, including that referenced in the Federal Register Volume 45, Number 98, May 19, 1980 p. 33066 et seq. is hereby incorporated in this statement by reference. Pursuant to amendments made to this part 261 effective April 30, 1993, the information contained in the following Federal Registers is incorporated by reference: 55 FR 18726; 56 FR 27300-27330; 55 FR 46354-46397; 56 FR 21955-21960; 55 FR 5340-5342; 55 FR 18496-18506; 54 FR 50968; 53 FR 43881- 43884; 53 FR 43878-43881; and 56 FR 19951.

The basis for these regulations was further developed through a series of twelve public meetings at which comments were received from interested parties. Accordingly, certain changes from the Federal regulations have been incorporated in these regulations where it was deemed advisable as a result of public comment and study of the issues, in order to tailor the regulations more to Colorado's needs. Such departures from the approach taken in the Federal regulations are discussed in this document under the pertinent topics.

The Regulations These regulations define the terms “solid waste” and “hazardous waste,” and identify those wastes which are excluded from these regulations. This is necessary in order to characterize the universe of materials which are subject to regulation.

Under the definition of hazardous waste, § 261.3, the phrase “if it has no commercial use or value” has been added as a restriction on the EPA definition. The basis for this action was to achieve consistency with the definition of hazardous waste under C.R.S. 1973, 25-15-101(9)(a). Also, under the Exclusions Section — materials which are not solid wastes, the following additions were listed in order to provide consistency with C.R.S. 1973, 25-15-101(9)(a): -inert materials used for construction fill or top soil placement or changing contour for agriculture or mining purposes; -any materials or waste exempted or not regulated as hazardous waste under the Federal Act. Subpart B of these regulations sets forth criteria used to identify characteristics and to list particular hazardous wastes. Since there are hazardous wastes which meet these criteria, but which are not listed under Subpart D nor meet the characteristics under Subpart C, the regulations provide that the Department may identify such a waste as hazardous for purposes of these regulations. This provision is necessary in order to protect public health and the environment by ensuring that all hazardous wastes are adequately managed under these regulations. Hazardous wastes under Subpart C may be subject to regulation based on four characteristics defined in the regulations. These characteristics are ignitability, corrosivity, reactivity and (EP) toxicity. This allows a waste to be characterized as hazardous without specifically listing it by name or waste stream. Additionally, Subpart D lists particular hazardous waste, both by specific industrial process waste streams and as discarded commercial products. The discarded commercial products list is further subdivided into toxic and acutely hazardous wastes. Additionally, these regulations establish special, reduced management requirements for hazardous waste produced by small quantity generators. Small quantity generators are defined as those who generate less than 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acutely toxic waste within one month. Under this small quantity generator provision, those who treat or dispose of their own waste on-site must have a permit under these regulations or written Departmental approval. This requirement was added by the State in order to clarify the responsibilities of small quantity generators, and to ensure that such activities are conducted in a manner which does not threaten public health or the environment. If hazardous waste is disposed off-site, the waste must be delivered to an interim status or permitted facility, or a state-approved facility.

These regulations also include special requirements for hazardous waste which is used, re-used, recycled or reclaimed. These wastes are subject to reduced regulatory requirements in order to encourage re-use activities. This provision may conflict with C.R.S. 1973, 25-15-101(9)(a) which provides that waste which has commercial use or value is not considered hazardous. EPA is also in the process of revising these re- use regulations and this issue may need to be readdressed in the future. Statement of Basis and Purpose Rule-making Hearing of April 20,1993 Hazardous Waste Management System; Identification and Listing of Hazardous Waste Basis and Purpose.

These amendments to 6 CCR 1007-3, Part 261 are made pursuant to the authority granted to the Hazardous Waste Commission in section 25-15-302(2), C.R.S. Toxicity Characteristic Revisions The Environmental Protection Agency adopted an amendment which exempted from the toxicity characteristic rules certain used chlorofluorocarbon refrigerants which exhibit the toxicity characteristic and which are reclaimed for use. These amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

The amendments also remove the quality assurance requirement found in Method 1311, Toxicity Characteristic Leaching Procedure for correcting measured values for analytical bias. However, this rule retains appropriate quality assurance provisions, including that matrix spike recoveries be calculated and that the method of standard additions be employed as the quantitation method for metallic contaminants when appropriate as specified in the method. These amendments also provide state equivalency with the regulatory requirements of the Environmental Protection Act This Basis and Purpose incorporates by reference the preamble language for the Environmental Protection Agency regulations published in the Federal Register at 55 FR 5910-5915, February 13, 1991, and at 55 FR 55114, November 24, 1992.

Exclusion of Certain Wastes The Environmental Protection Agency amended the federal regulations to exclude from the definition of solid waste those coke by-product residues that are recycled by being returns to coke ovens as a feedstock to produce coke; returned to the tar recovery process as a feedstock to produce coal tar; or mixed with coal tar prior to coal tar refining or sale. The Agency also excluded the similarly-situated hazardous waste K087 when recycled in those ways. These amendments mirror the Agency's amendments.

The promulgation of these amendments provide state equivalency with the regulatory requirements of the Environmental Protection Agency.

This Basis and Purpose incorporates by reference the preamble language for this amendment published in the Federal Register at 57 FR 27880-27888 on June 22, 1992. PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE Subpart A - General Sec.

1. 262.10 Purpose, scope, and
   1. applicability.
   2. 262.11 Hazardous waste
      1. determination.
   3. 262.12 EPA identification
      1. numbers.
   4. 262.13 Generator Annual Fees

      Subpart B - The Manifest

   5. 262.20 General requirements.
   6. 262.21 Acquisition of Manifests.
   7. 262.22 Number of copies.
   8. 262.23 Use of the manifest.

      Subpart C - Pre-Transport Requirements

   9. 262.30 Packaging.
   10. 262.31 Labeling.
   11. 262.32 Marking.
   12. 262.33 Placarding.
   13. 262.34 Accumulation time.

       Subpart D - Recordkeeping and Reporting

   14. 262.40 Recordkeeping.
   15. 262.41 Biennial reporting.
   16. 262.42 Exception reporting.
   17. 262.43 Additional reporting.
   18. 262.44 Special requirements for
       1. generators of between 100 and 1000 kg/mo.

       Subpart E - Exports of Hazardous Waste

   19. 262.50 Applicability.
   20. 262.51 Definitions.
   21. 262.52 General requirements.
   22. 262.53 Notification of intent to
       1. export.
   23. 262.54 Special manifest
       1. requirements.
   24. 262.55 Exception reports.
   25. 262.56 Annual reports.
   26. 262.57 Recordkeeping.
   27. 262.58 International agreements.

       Subpart F - Imports of Hazardous Waste

   28. 262.60 Imports of hazardous
       1. waste.

       Subpart G – Farmers

   29. 262.70 Farmers

       Subpart H - Transfrontier Shipments of Hazardous Waste for Recovery within the OECD

   30. 262.80 Applicability.
   31. 262.81 Definitions.
   32. 262.82 General conditions.
   33. 262.83 Notification and consent.
   34. 262.84 Tracking document.
   35. 262.85 Contracts.
   36. 262.86 Provisions relating to
       1. recognized traders.
   37. 262.87 Reporting and
       1. recordkeeping.
   38. 262.88 Pre-approval for U.S.
       1. Recovery Facilities (Reserved).
   39. 262.89 OECD Waste Lists.

       APPENDIX TO PART 262 - UNIFORM HAZARDOUS WASTE MANIFEST AND INSTRUCTIONS (EPA FORMS 8700-22 AND 8700- 22A AND THEIR INSTRUCTIONS)

Subpart A - General § 262.10 Purpose, scope, and applicability.

(a) These regulations establish standards for generators of hazardous waste.

(b) Sections 261.5(c) and (d) must be used to determine the applicability of provisions of this part that are dependent on calculations of the quantity of hazardous waste generated per month.

(c) A generator who treats, stores, or disposes of hazardous waste on-site must only comply with the following sections of this Part with respect to that waste: § 262.11 for determining whether or not he/she has a hazardous waste, § 262.12 for obtaining an EPA identification number, § 262.34 for accumulation of hazardous waste, § 262.40(c) and (d) for Recordkeeping, § 262.43 for additional reporting and if applicable, § 262.70 for Farmers.

(d) Any person who exports or imports hazardous waste subject to the manifesting requirements of Part 262, or subject to the universal waste management standards of 40 CFR Part 273, or subject to the requirements of Part 273 of these regulations, to or from the countries listed in § 262.58(a)(1) for recovery must comply with Subpart H of this part.

(e) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in this Part.

(f) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of § 262.70 is not required to comply with other standards in this Part or 100, 264, 265, or 266, or 268 with respect to such pesticides.

(g) A person who generates a hazardous waste as defined by Part 261 is subject to the compliance requirements and penalties prescribed in CRS 1973, 308, 309, 310 if he/she does not comply with the requirements of this Part.

(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this Part.

(i) An attached statement of basis and purpose for these regulations has been adopted by the Board of Health, and is hereby incorporated by reference in these regulations pursuant to CRS. 1973, 24- 4-103.

1. NOTE 1: The provisions of § 262.34 are applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of § 262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility. NOTE 2: A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in Part 264, Part 265, 266 and 100 of these regulations.

§ 262.11 Hazardous waste determination.

A person who generates a solid waste, as defined in § 261.2, must determine if that waste is a hazardous waste using the following method:

1. (a) A generator should first determine if the waste is excluded from regulation under § 261.4.
   1. (b) A generator must then determine if the waste is listed as a hazardous waste in Subpart D of Part 261. Under § 260.22, the generator has an opportunity to demonstrate to the Department that the listed waste from his/her particular facility or operation is not a hazardous waste.
      1. (c) For purposes of compliance with Part 268, or if the waste is not listed in Subpart D of Part 261, the generator must then determine whether the waste is identified in Subpart C of Part 261 by either:
         1. (1) Testing the waste according to the methods set forth in Subpart C of Part 261, or according to an equivalent method approved by the Department under § 260.21; or (2) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.
         2. (d) If the waste is determined to be hazardous, the generator must refer to Part 261, 264, 265, 266, 267, 268, and 273 of these regulations for possible exclusions or restrictions pertaining to management of the specific waste.

§ 262.12 EPA identification numbers.

(a) A generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number.

(b) A generator who has not received an EPA identification number may obtain one by applying to the Department using EPA form 8700-12. Upon receiving the request the Department will forward an EPA assigned EPA identification number to the generator.

(c) A generator must not offer his/her hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number. § 262.13 Generator Annual Fees.

(a) Pursuant to the fee requirements of section 25-15-302, C.R.S., generators of hazardous waste shall be assessed the following annual fees:

1. 1) Small quantity generators: $390 2) Large quantity generators: $2,470* *Note: Generators that operate at the LQG status for less than four (4) monthsin the same calendar year will be assessed the SQG fee level upon notificationto the Department. Subpart B - The Manifest § 262.20 General requirements.

(a) A generator who transports, or offers for transportation, hazardous waste for off-site treatment, storage, or disposal must prepare a Manifest 0MB control number 2050-0039 on EPA form 8700- 22 and if necessary, EPA form 8700-22A, according to the instructions included in the Appendix to Part 262 before transporting the waste off-site.

(b) A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.

(c) A generator may also designate on the manifest one alternate facility which is permitted to handle his/her waste in the event an emergency prevents delivery of the waste to the primary designated facility.

(d) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility; the generator must either designate another facility or instruct the transporter to return the waste.

(e) The requirements of this Subpart B do not apply to hazardous waste produced by generators of greater than 100 kg but less than 1000 kg in a calendar month where:

1. (1) The waste is reclaimed under a contractual agreement pursuant to which:
   1. (i) The type of waste and frequency of shipments are specified in the agreement;
      1. (ii) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; and (2) The generator maintains a copy of the reclamation agreement in his/her files for a period for at least three years after termination or expiration of the agreement.

(f) The requirements of this subpart and § 262.32(b) do not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way. Notwithstanding § 263.10(a), the generator or transporter must comply with the requirements for transporters set forth in §§ 263.30 and 263.31 of these regulations in the event of a discharge of hazardous waste on a public or private right-of-way.

§ 262.21 Acquisition of Manifests.

(a) If the state to which the shipment is manifested (consignment State) supplies the Manifest and requires its use, then the generator must use that Manifest.

(b) If the consignment State does not supply the Manifest, but the state in which the generator is located (generator State) supplies the Manifest and requires its use, then the generator must use that State's Manifest.

(c) If neither the generator State nor the consignment State supplies the Manifest, then the generator may obtain the Manifest from any source.

§ 262.22 Number of copies.

The manifest consists of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator.

§ 262.23 Use of the manifest.

(a) The generator must:

1. (1) Sign the manifest certification by hand; and (2) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and (3) Retain one copy, in accordance with § 262.40(a).

(b) The generator must give the transporter the remaining copies of the manifest.

(c) [RESERVED] (d) For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must send at least three copies of the manifest dated and signed in accordance with this section to:

1. (1) The next non-rail transporter, if any; or (2) The designated facility if transported solely by rail; or (3) The last rail transporter to handle the waste in the United States if exported by rail.

(e) For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility. Subpart C – Pre-Transport Requirements § 262.30 Packaging.

Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must package the waste in accordance with the applicable Public Utilities Commission or Department of Transportation regulations on packaging under 49 CFR Part 173, 178, and 179. § 262.31 Labeling.

Before transporting or offering hazardous waste for transportation off-site, a generator must label each package in accordance with the applicable Public Utilities Commission or Department of Transportation regulations on hazardous materials under 49 CFR Part 172. § 262.32 Marking.

(a) Before transporting or offering hazardous waste for transportation off-site, a generator must mark each package of hazardous waste in accordance with applicable Public Utilities Commission or Department of Transportation regulations on hazardous materials under 49 CFR Part 172.

(b) Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must mark each container of 110 gallons or less used in such transportation with the following words and information displayed in accordance with the requirements of 49 CFR § 172.304:

1. Hazardous Waste - Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency. Generator's Name and Address - - - - Manifest Document Number - - - - - - § 262.33 Placarding.

Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must placard or offer the initial transporter the appropriate placards according to Public Utilities Commission or Department of Transportation regulations for hazardous materials under 49 CFR Part 172, Subpart F.

§ 262.34 Accumulation time.

(a) Except as provided in paragraphs (d), (e), and (f) of this section, a generator may accumulate hazardous waste on-site for 90 days or less without a permit or without having interim status provided that:

1. (1) The waste is placed:
   1. (i) In containers and the generator complies with the applicable requirements of Subparts I, AA, BB, and CC of Part 265; and/or (ii) In tanks and the generator complies with the applicable requirements of Subparts J, AA, BB, and CC of Part 265 except §§ 265.197(c) and 265.200; and/or (iii) On drip pads and the generator complies with subpart W of part 265 of these regulations and maintains the following records at the facility:
      1. (A) A description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and (B) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal; and/or (iv) The waste is placed in containment buildings and the generator complies with Subpart DD of Part 265, has placed its professional engineer certification that the building complies with the design standards specified in § 265.1101 in the facility's operating record no later than 60 days after the date of initial operation of the unit. After February 18, 1993, PE certification will be required prior to operation of the unit. The owner or operator shall maintain the following records at the facility:
         1. (A) A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90 day limit, and documentation that the procedures are complied with; or (B) Documentation that the unit is emptied at least once every 90 days. In addition, such a generator is exempt from all the requirements in Subpart G of Part 265, except for §§ 265.111 and 265.114, and from Part 266 of these regulations.
         2. (2) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.
         3. (3) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, “Hazardous Waste”; and (4) The generator complies with the requirements for owners or operators in Subparts C and D in Part 265, with § 265.16, and with § 268.7(a)(5).

(b) A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of Part 264, 265, and 266 and the permit requirements of Part 100 unless he/she has been granted an extension to the 90-day period. Such extension may be granted by the Department if hazardous waste must remain on-site for longer than 90 days due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Director on a case-by-case basis. (c)

1. (1) A generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in § 261.33(e) in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with paragraph (a) of this section provided:
   1. (i) The waste is placed in containers and the generator complies with Subpart I of Part 265 of these regulations, except for § 265.178;
      1. (ii) While being accumulated, the containers are marked with the words “Hazardous Waste” or with other words that identify the contents of the containers; and (iii) The generator complies with the requirement for owners or operators in Subpart C and D in Part 265 and with § 265.16; and (iv) The generator designates the location of each paragraph (a) and (c)(1) accumulation area in the contingency plan required under § 262.34(c)(1)(iii).
         1. (2) A generator who accumulates either hazardous waste or acutely hazardous waste listed in paragraph (c)(1) of this section at or near any point of generation must comply immediately when the level of 55 gallons of hazardous waste or one quart of acutely hazardous waste is exceeded with paragraph (a) of this section or other applicable provisions of these regulations.* *NOTE: In order to comply with the requirements of § 262.34(a) of these regulations, the generator must mark the container with the date on which the container begins storage under § 262.34(a), which for purposes of this paragraph is the date on which the 55 gallons or one quart limit is exceeded.

(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month may accumulate hazardous waste on-site for 180 days or less without a permit or without having interim status provided that:

1. (1) The quantity of waste accumulated on-site never exceeds 6000 kilograms;
   1. (2) The generator complies with the requirements of Subpart I of Part 265 of these regulations, except for §§ 265.176 and 265.178;
      1. (3) The generator complies with the requirements of § 265.201 in Subpart J of Part 265.
         1. (4) The generator complies with the requirements of paragraphs (a)(2) and (a)(3) of this section, the requirements of Subpart C of Part 265, the requirements of § 268.7(a)(5); and (5) The generator complies with the following requirements:
         2. (i) At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in paragraph (d)(5)(iv) of this section. This employee is the emergency coordinator.
         3. (ii) The generator must post the following information next to the telephone:
         4. (A) The name and telephone number of the emergency coordinator, (B) Location of fire extinguishers and spill control material, and, if present, fire alarm; and (C) The telephone number of the fire department, unless the facility has a direct alarm (iii) The generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
         5. (iv) The emergency coordinator or designee must respond to any emergencies that arise. The applicable responses are as follows:
         6. (A) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;
         7. (B) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil;
         8. (C) In the event of a fire, explosion, or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator must immediately notify the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include the following information:
         9. (1) The name, address, and U.S. EPA Identification Number of the generator;
         10. (2) Date, time and type of incident (e.g, spill or fire);
         11. (3) Quantity and type of hazardous waste involved in the incident;
         12. (4) Extent of injuries, if any; and (5) Estimated quantity and disposition of recovered materials, if any.

(e) A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who must transport his/her waste, or offer his/her waste for transportation, over a distance of 200 miles or more for off-site treatment, storage or disposal may accumulate hazardous waste on-site for 270 days or less without a permit or without having interim status provided that he/she complies with the requirements of paragraph (d) of this section.

(f) A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste in quantities exceeding 6000 kg or accumulates hazardous waste for more than 180 days (or for more than 270 days if he/she must transport his/her waste, or offer his/her waste for transportation, over a distance of 200 miles or more) is an operator of a storage facility and is subject to the permit requirements of Part 100 and 264 and 265 unless he/she has been granted an extension to the 180-day (or 270-day if applicable) period. Such extension may be granted by the Department if hazardous wastes must remain on-site for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Department on a case-by-case basis.

(g)

1. (1) A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in § 261.33(e) in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with paragraph (a) or (d) of this section provided:
   1. (i) The waste is placed in containers and the generator complies with Subpart I of Part 265 of these regulations;
      1. (ii) While being accumulated, the containers are marked with the words “Hazardous Waste” or with other words that identify the contents of the containers; and (iii) The generator complies with the requirement for owners or operators in Subpart C in Part 265 and with paragraph (d)(4) of this section.
         1. (2) A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month who accumulate either hazardous waste or acutely hazardous waste listed in paragraph (g)(1) of this section at or near any point of generation must comply immediately when the level of 55 gallons of hazardous waste or one quart of acutely hazardous waste is exceeded with paragraph (d) of this section or other applicable provisions of these regulations. In order to comply with the requirements of § 262.34(d) of these regulations, the generator must mark the container with the date on which the container begins storage under § 262.34(d), which for purposes of this paragraph is the date on which the 55 gallons or one quart limit is exceeded.

(h) A generator who generates 1,000 kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the RCRA hazardous waste code F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without a permit or without having interim status provided that:

1. (1) The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling;
   1. (2) The F006 waste is legitimately recycled through metals recovery;
      1. (3) No more than 20,000 kilograms of F006 waste is accumulated on-site at any one time; and (4) The F006 waste is managed in accordance with the following:
         1. (i) The F006 waste is placed:
         2. (A) In containers and the generator complies with the applicable requirements of Subparts I, AA, BB, and CC of Part 265 of these regulations; and/or (B) In tanks and the generator complies with the applicable requirements of Subparts J, AA, BB, and CC of Part 265 of these regulations, except §§ 265.197(c) and 265.200; and/or (C) In containment buildings and the generator complies with Subpart DD of Part 265 of these regulations, and has placed its professional engineer certification that the building complies with the design standards specified in § 265.1101 in the facility's operating record prior to operation of the unit.The owner or operator must maintain the following records at the facility:
         3. (1) A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the generator is complying with the procedures; or (2) Documentation that the unit is emptied at least once every 180 days.
         4. (ii) In addition, such a generator is exempt from all the requirements in Subparts G and H of Part 265 of these regulations, except for §§ 265.111 and 265.114.
         5. (iii) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;
         6. (iv) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, “Hazardous Waste;” and (v) The generator complies with the requirements for owners or operators in Subparts C and D in Part 265, with § 265.16, and with § 268.7(a)(5) of these regulations.

(i) A generator who generates 1,000 kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the RCRA hazardous waste code F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for more than 90 days, but not more than 270 days without a permit or without having interim status if the generator complies with the requirements of paragraphs (h)(1) through (h)(4) of this section.

(j) A generator accumulating F006 in accordance with paragraphs (h) and (i) of this section who accumulates F006 waste on-site for more man 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms of F006 waste on-site is an operator of a storage facility and is subject to the requirements of Part 264 and Part 265 and the permit requirements of Part 100 of these regulations unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram accumulation limit. Such extensions and exceptions may be granted by the Department if F006 waste must remain on-site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms of F006 waste must remain on-site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the Director on a case-by-case basis. Subpart D - Recordkeeping and Reporting § 262.40 Recordkeeping.

(a) A generator must keep a copy of each manifest signed in accordance with § 262.23(a) for three years or until he/she receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter.

(b) A generator must keep a copy of each Biennial Report and Exception Report for a period of at least three years from the due date of the report (March 1).

(c) A generator must keep records of any test results, waste analyses, or other determinations made in accordance with § 262.11 for at least three years from the date that the waste was last sent to on- site or off-site treatment, storage, or disposal.

(d) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

§ 262.41 Biennial reporting.

(a) A generator who ships any hazardous waste off-site to a treatment, storage, or disposal facility within the United States must prepare and submit a single copy of a biennial report to the Department by March 1 of each even numbered year or upon the Director's request. The biennial report must be submitted in EPA Form 8700-13A, and must cover generator activities during the previous year, and must include the following information:

1. (1) The EPA identification number, name, and address of the generator;
   1. (2) The calendar year covered by the report;
      1. (3) The EPA identification number, name, and address for each off-site treatment, storage, or disposal facility to which waste was shipped during the year;
         1. (4) The name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage or disposal facility within the United States;
         2. (5) A description, EPA hazardous waste number (from Part 261, Subpart C or D), DOT hazard class, and quantity of each hazardous waste shipped off-site for shipments to a treatment, storage or disposal facility within the United States. This information must be listed by EPA identification number of each off-site facility to which waste was shipped.
         3. (6) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
         4. (7) A description of the changes in volume and toxicity of waste actually achieved during the years to the extent such information is available for years prior to 1984.
         5. (8) The certification signed by the generator or authorized representative.

(b) Any generator who treats, stores, or disposes of hazardous waste on-site must submit a biennial report covering those wastes in accordance with the provisions of Part 100, 264, 265, 266, and

1. 267. Reporting for exports of hazardous waste is not required on the biennial report form. A separate annual report requirement is set forth in § 262.56. § 262.42 Exception reporting.

(a) A generator of greater than 1000 kilograms of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.

(b) A generator of greater than 1000 kilograms of hazardous waste in a calendar month must submit an Exception Report to the Colorado Department of Public Health and Environment if he/she has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include:

1. (1) A legible copy of the manifest for which the generator does not have confirmation of delivery, (2) A cover letter signed by the generator or his/her authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

(c) A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the Colorado Department of Public Health and Environment.

1. NOTE: The submission to the Department need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received. § 262.43 Additional reporting.

The Department, as deemed necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in Part 261. § 262.44 Special Requirements for Generators of between 100 and 1000 kg/mo. A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month is subject only to the following requirements of this subpart:

1. (a) the recordkeeping requirements in paragraphs (a), (c), and (d) in § 262.40;
   1. (b) paragraph (c) in § 262.42; and (c) the requirements of § 262.43.

Subpart E - Exports of Hazardous Waste § 262.50 Applicability This subpart establishes requirements applicable to exports of hazardous waste. Except to the extent § 262.58 provides otherwise, a primary exporter of hazardous waste must comply with the special requirements of this subpart and a transporter transporting hazardous waste for export must comply with applicable requirements of Part 263. Section 262.58 sets forth the requirements of international agreements between the United States and receiving countries which establish different notice, export, and enforcement procedures for the transportation, treatment, storage and disposal of hazardous waste for shipments between the United States and those countries. § 262.51 Definitions.

In addition to the definitions set forth at § 260.10, the following definitions apply to this subpart: “Consignee” means the ultimate treatment, storage or disposal facility in a receiving country to which the hazardous waste will be sent.

“EPA Acknowledgement of Consent” means the cable sent to EPA from the U.S. Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment. “Primary Exporter” means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with Part 262, Subpart B, which specifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.

“Receiving country” means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage or disposal (except short-term storage incidental to transportation). “Transit country” means any foreign country, other than a receiving country, through which a hazardous waste is transported.

§ 262.52 General requirements.

Exports of hazardous waste are prohibited except in compliance with the applicable requirements of this Subpart and Part 263. Exports of hazardous waste are prohibited unless:

1. (a) Notification in accordance with § 262.53 has been provided;
   1. (b) The receiving country has consented to accept the hazardous waste;
      1. (c) A copy of the EPA Acknowledgment of Consent to the shipment accompanies the hazardous waste shipment and, unless exported by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)).
         1. (d) The hazardous waste shipment conforms to the terms of the receiving country's written consent as reflected in the EPA Acknowledgment of Consent. § 262.53 Notification of intent to export.

(a) A primary exporter of hazardous waste must notify EPA of an intended export before such waste is scheduled to leave the United States. A complete notification should be submitted sixty (60) days before the initial shipment is intended to be shipped off site. This notification may cover export activities extending over a twelve (12) month or lesser period. The notification must be in writing, signed by the primary exporter, and include the following information:

1. (1) Name, mailing address, telephone number and EPA ID number of the primary exporter;
   1. (2) By consignee, for each hazardous waste type:
      1. (i) A description of the hazardous waste and the EPA hazardous waste number (from Part 261, Subparts C and D), U.S. DOT proper shipping name, hazard class and ID number (UN/NA) for each hazardous waste as identified in 49 CFR Parts 171 through 177;
         1. (ii) The estimated frequency or rate at which such waste is to be exported and the period of time over which such waste is to be exported.
         2. (iii) The estimated total quantity of the hazardous waste in units as specified in the instructions to the Uniform Hazardous Waste Manifest Form (8700-22);
         3. (iv) All points of entry to and departure from each foreign country through which the hazardous waste will pass;
         4. (v) A description of the means by which each shipment of the hazardous waste will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.));
         5. (vi) A description of the manner in which the hazardous waste will be treated, stored or disposed of in the receiving country (e.g., land or ocean incineration, other land disposal, ocean dumping, recycling);
         6. (vii) The name and site address of the consignee and any alternate consignee; and (viii) The name of any transit countries through which the hazardous waste will be sent and a description of the approximate length of time the hazardous waste will remain in such country and the nature of its handling while there;

(b) Notifications submitted by mail should be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, Ariel Rios Bldg., 12th St. and Pennsylvania Ave., NW., Washington, DC. In both cases, the following shall be prominently displayed on the front of the envelope: “Attention: Notification of Intent to Export.” (c) Except for changes to the telephone number in paragraph (a)(1) of this section, changes to paragraph (a)(2)(v) of this section and decreases in the quantity indicated pursuant to paragraph (a)(2)(iii) of this section when the conditions specified on the original notification change (including any exceedance of the estimate of the quantity of hazardous waste specified in the original notification), the primary exporter must provide EPA with a written re-notification of the change. The shipment cannot take place until consent of the receiving country to the changes (except for changes to paragraph (a)(2)(viii) of this section and in the ports of entry to and departure from transit countries pursuant to paragraph (a)(2)(iv) of this section) has been obtained and the primary exporter receives an EPA Acknowledgment of Consent reflecting the receiving country's consent to the changes.

(d) Upon request by EPA, a primary exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.

(e) In conjunction with the Department of State, EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of paragraph (a) of this section. Where a claim of confidentiality is asserted with respect to any notification information required by paragraph (a) of this section, EPA may find the notification not complete until any such claim is resolved in accordance with § 260.2.

(f) Where the receiving country consents to the receipt of the hazardous waste, EPA will forward an EPA Acknowledgment of Consent to the primary exporter for purposes of § 262.54(h). Where the receiving country objects to receipt of the hazardous waste or withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will also notify the primary exporter of any responses from transit countries.

§ 262.54 Special manifest requirements.

A primary exporter must comply with the manifest requirements of § 262.20 through § 262.23 except that:

1. (a) In lieu of the name, site address and EPA ID number of the designated permitted facility, the primary exporter must enter the name and site address of the consignee;
   1. (b) In lieu of the name, site address and EPA ID number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee.
      1. (c) In Special Handling Instructions and Additional Information, the primary exporter must identify the point of departure from the United States;
         1. (d) The following statement must be added to the end of the first sentence of the certification set forth in Item 16 of the Uniform Hazardous Waste Manifest Form: “and conforms to the terms of the attached EPA Acknowledgment of Consent”;
         2. (e) In lieu of the requirements of § 262.21, the primary exporter must obtain the manifest form from the primary exporter's State if that State supplies the manifest form and requires its use. If the primary exporter's State does not supply the manifest form, the primary exporter may obtain a manifest form from any source.
         3. (f) The primary exporter must require the consignee to confirm in writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies (as defined in § 264.72(a)) between the manifest and the shipment. A copy of the manifest signed by such facility may be used to confirm delivery of die hazardous waste.
         4. (g) In lieu of the requirements of § 262.20(d), where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter must:
         5. (1) Re-notify EPA of a change in the conditions of the original notification to allow shipment to a new consignee in accordance with § 262.53(c) and obtain an EPA Acknowledgment of Consent prior to delivery; or (2) Instruct the transporter to return the waste to the primary exporter in the United States or designate another facility within the United States; and (3) Instruct the transporter to revise the manifest in accordance with the primary exporter's instructions.
         6. (h) The primary exporter must attach a copy of the EPA Acknowledgment of Consent to the shipment to the manifest which must accompany the hazardous waste shipment. For exports by rail or water (bulk shipment), the primary exporter must provide the transporter with an EPA Acknowledgment of Consent which must accompany the hazardous waste but which need not be attached to the manifest except that for exports by water (bulk shipment) the primary exporter must attach the copy of the EPA Acknowledgment of Consent to the shipping paper.
         7. (i) The primary exporter shall provide the transporter with an additional copy of the manifest for delivery to the U.S. Customs official at the point the hazardous waste leaves the United States in accordance with § 263.20(g)(4).

§ 262.55 Exception reports.

In lieu of the requirements of § 262.42, a primary exporter must file an exception report with the Department if:

1. (a) He/she has not received a copy of the manifest signed by the transporter stating the date and place of departure from the United States within forty-five (45) days from the date it was accepted by the initial transporter;
   1. (b) Within ninety (90) days from the date the waste was accepted by the initial transporter, the primary exporter has not received written confirmation from the consignee that the hazardous waste was received;
      1. (c) The waste is returned to the United States.

§ 262.56 Annual reports.

(a) Primary exporters of hazardous waste shall file with the Administrator no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous waste exported during the previous calendar year. Such reports shall include the following:

1. (1) The EPA identification number, name, and mailing and site address of the exporter, (2) The calendar year covered by the report;
   1. (3) The name and site address of each consignee;
      1. (4) By consignee, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number (from Part 261, Subpart C or D), DOT hazard class, the name and US EPA ID number (where applicable) for each transporter used, the total amount of waste shipped and number of shipments pursuant to each notification;
         1. (5) Except for hazardous waste produced by exporters of greater than 100 kg but less than 1000 kg in a calendar month, unless provided pursuant to § 262.41, in even numbered years:
         2. (i) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and (ii) A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984.
         3. (6) A certification signed by the primary exporter which states: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.

(b) Annual reports submitted by mail should be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Hand-delivered reports should be sent to: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, Ariel Rios Bldg., 12th St. and Pennsylvania Ave., NW., Washington, DC.

§ 262.57 Recordkeeping.

(a) For all exports a primary exporter must:

1. (1) Keep a copy of each notification of intent to export for a period of at least three years from the date the hazardous waste was accepted by the initial transporter, (2) Keep a copy of each EPA Acknowledgment of Consent for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;
   1. (3) Keep a copy of each confirmation of delivery of the hazardous waste from the consignee for at least three years from the date the hazardous waste was accepted by the initial transporter; and (4) Keep a copy of each annual report for a period of at least three years from the due date of the report.

(b) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

§ 262.58 International agreements.

(a) Any person who exports or imports hazardous waste subject to the manifest requirements of Part 262, or subject to the universal waste management standards of 40 CFR Part 273, or to the requirements of Part 273 of these regulations, to or from designated member countries of the Organization for Economic Cooperation and Development (OECD) as defined in paragraph (a)(1) of this section for purposes of recovery is subject to Subpart H of this part. The requirements of Subparts E and F do not apply.

1. (1) For the purposes of this subpart, the designated OECD countries consist of Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, and the United States.
   1. (2) For the purposes of this subpart, Canada and Mexico are considered OECD member countries only for the purpose of transit.

(b) Any person who exports hazardous waste to or imports hazardous waste from: a designated OECD member country for purposes other than recovery (e.g., incineration, disposal), Mexico (for any purpose), or Canada (for any purpose) remains subject to the requirements of Subparts E and F of this part.

Subpart F - Imports of Hazardous Waste § 262.60 Imports of hazardous waste.

(a) Any person who imports hazardous waste from a foreign country into the United States must comply with the requirements of this part and the special requirements of this subpart.

(b) When importing hazardous waste, a person must meet all the requirements of § 262.20(a) for the manifest except that:

1. (1) In place of the generator' s name, address and EPA identification number, the name and address of the foreign generator and the importer' s name, address and EPA identification number must be used.
   1. (2) In place of the generator' s signature on the certification statement, the U.S. importer or his/her agent must sign and date the certification and obtain the signature of the initial transporter.

(c) A person who imports hazardous waste must obtain the manifest form from the consignment State if the State supplies the manifest and requires its use. If the consignment State does not supply the manifest form, then the manifest form may be obtained from any source. Subpart G - Farmers § 262.70 Farmers A farmer disposing of waste pesticides from his/her own use which are hazardous wastes is not required to comply with the standards in this part or other standards in Part 100, 264, 265, 266 or 268 for those wastes provided he/she triple rinses each emptied pesticide container in accordance with § 261.7(b)(3) and disposes of the pesticide residues on his/her own farm in a manner consistent with the disposal instruction on the pesticide label.

Subpart H - Transfrontier Shipments of Hazardous Waste for Recovery within the OECD § 262.80 Applicability.

(a) The requirements of this subpart apply to imports and exports of wastes that are considered hazardous under U.S. national procedures and are destined for recovery operations in the countries listed in § 262.58(a)(1). A waste is considered hazardous under U.S. national procedures if it meets the Federal definition of hazardous waste in 40 CFR 2613 and it is subject to either the Federal manifesting requirements at 40 CFR Part 262, Subpart B, to the universal waste management standards of 40 CFR Part 273, or to the requirements of Part 273 of these regulations.

(b) Any person (notifier, consignee, or recovery facility operator) who mixes two or more wastes (including hazardous and non-hazardous wastes) or otherwise subjects two or more wastes (including hazardous and non-hazardous wastes) to physical or chemical transformation operations, and thereby creates a new hazardous waste, becomes a generator and assumes all subsequent generator duties under RCRA and any notifier dudes, if applicable, under this subpart.

§ 262.81 Definitions.

The following definitions apply to this subpart.

(a) “Competent authorities” means the regulatory authorities of concerned countries having jurisdiction over transfrontier movements of wastes destined for recovery operations.

(b) “Concerned countries” means the exporting and importing OECD member countries and any OECD member countries of transit.

(c) “Consignee” means the person to whom possession or other form of legal control of the waste is assigned at the time the waste is received in the importing country.

(d) “Country of transit” means any designated OECD country in § 262.58(a)(1) and (a)(2) other than the exporting or importing country across which a transfrontier movement of wastes is planned or takes place.

(e) “Exporting country” means any designated OECD member country in § 262.58(a)(1) from which a transfrontier movement of wastes is planned or has commenced.

(f) “Importing country” means any designated OECD country in § 262.58(a)(1) to which a transfrontier movement of wastes is planned or takes place for the purpose of submitting the wastes to recovery operations therein.

(g) “Notifier” means the person under the jurisdiction of the exporting country who has, or will have at the time the planned transfrontier movement commences, possession or other forms of legal control of the wastes and who proposes their transfrontier movement for the ultimate purpose of submitting them to recovery operations. When the United States (U.S.) is the exporting country, notifier is interpreted to mean a person domiciled in the U.S.

(h) “OECD” area means all land or marine areas under the national jurisdiction of any designated OECD member country in § 262.58. When the regulations refer to shipments to or from an OECD country, this means OECD area.

(i) “Recognized trader” means a person who, with appropriate authorization of concerned countries, acts in the role of principal to purchase and subsequently sell wastes; this person has legal control of such wastes from time of purchase to time of sale; such a person may act to arrange and facilitate transfrontier movements of wastes destined for recovery operations.

(j) “Recovery facility” means an entity which, under applicable domestic law, is operating or is authorized to operate in the importing country to receive wastes and to perform recovery operations on them.

(k) “Recovery operations” means activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses as listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final) of 27 May 1988, (available from the Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and the Organisation for Economic Cooperation and Development, Environment Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France) which include: R1 Use as a fuel (other than in direct incineration) or other means to generate energy R2 Solvent reclamation/regeneration R3 Recycling/reclamation of organic substances which are not used as solvents R4 Recycling/reclamation of metals and metal compounds R5 Recycling/reclamation of other inorganic materials R6 Regeneration of acids or bases R7 Recovery of components used for pollution control R8 Recovery of components from catalysts R9 Used oil re-refining or other reuses of previously used oil R10 Land treatment resulting in benefit to agriculture or ecological improvement R11 Uses of residual materials obtained from any of the operations numbered R1- R10 R12 Exchange of wastes for submission to any of the operations numbered R1- R11 R13 Accumulation of material intended for any operation in Table 2.B (l) “Transfrontier movement” means any shipment of wastes destined for recovery operations from an area under the national jurisdiction of one OECD member country to an area under the national jurisdiction of another OECD member country.

§ 262.82 General conditions.

(a) Scope. The level of control for exports and imports of waste is indicated by assignment of the waste to a green, amber, or red list and by U.S. national procedures as defined in § 262.80(a). The green, amber, and red lists are incorporated by reference in § 262.89(e).

1. (1) Wastes on the green list are subject to existing controls normally applied to commercial transactions, except as provided below:
   1. (i) Green-list wastes that are considered hazardous under U.S. national procedures are subject to amber-list controls.
      1. (ii) Green-list wastes that are sufficiently contaminated or mixed with amber-list wastes, such that the waste or waste mixture is considered hazardous under U.S. national procedures, are subject to amber-list controls.
         1. (iii) Green-list wastes that are sufficiently contaminated or mixed with other wastes subject to red-list controls such that the waste or waste mixture is considered hazardous under U.S. national procedures must be handled in accordance with the red-list controls.
         2. (2) Wastes on the amber list that are considered hazardous under U.S. national procedures as defined in § 262.80(a) are subject to the amber-list controls of this Subpart.
         3. (i) If amber-list wastes are sufficiently contaminated or mixed with other wastes subject to red-list controls such that the waste or waste mixture is considered hazardous under U.S. national procedures, the wastes must be handled in accordance with the red-list controls.
         4. (ii) [Reserved].
         5. (3) Wastes on the red list that are considered hazardous under U.S. national procedures as defined in § 262.80(a) are subject to the red-list controls of this subpart. Note to paragraph (a)(3): Some wastes on the amber or red lists are not listed or otherwise identified as hazardous under RCRA (e.g., polychlorinated biphenyls) and therefore are not subject to the amber- or red-list controls of this subpart. Regardless of the status of the waste under RCRA, however, other Federal environmental statutes (e.g., the Toxic Substances Control Act) may restrict certain waste imports or exports. Such restrictions continue to apply without regard to this Subpart.
         6. (4) Wastes not yet assigned to a list are eligible for transfrontier movements, as follows:
         7. (i) If such wastes are considered hazardous under U.S. national procedures as defined in § 262.80(a), these wastes are subject to the red-list controls; or (ii) If such wastes are not considered hazardous under U.S. national procedures as defined in § 262.80(a), such wastes may move as though they appeared on the green list.

(b) General conditions applicable to transfrontier movements of hazardous waste.

1. (1) The waste must be destined for recovery operations at a facility that, under applicable domestic law, is operating or is authorized to operate in the importing country;
   1. (2) The transfrontier movement must be in compliance with applicable international transport agreements; and Note to paragraph (b)(2): These international agreements include, but are not limited to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention (1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985), and RID (1985).
      1. (3) Any transit of waste through a non-OECD member country must be conducted in compliance with all applicable international and national laws and regulations.

(c) Provisions relating to re-export for recovery to a third country.

1. (1) Re-export of wastes subject to the amber-list control system from the U.S., as the importing country, to a third country listed in § 262.58(a)(1) may occur only after a notifier in the U.S. provides notification to and obtains consent of the competent authorities in the third country, the original exporting country, and new transit countries. The notification must comply with the notice and consent procedures in § 262.83 for all concerned countries and the original exporting country. The competent authorities of the original exporting country as well as the competent authorities of all other concerned countries have 30 days to object to the proposed movement.
   1. (i) The 30-day period begins once the competent authorities of both the initial exporting country and new importing country issue Acknowledgements of Receipt of the notification.
      1. (ii) The transfrontier movement may commence if no objection has been lodged after the 30-day period has passed or immediately after written consent is received from all relevant OECD importing and transit countries.
         1. (2) Re-export of waste subject to the red-list control system from the original importing country to a third country listed in § 262.58(a)(1) may occur only following notification of the competent authorities of the third country, the original exporting country, and new transit countries by a notifier in the original importing country in accordance with § 262.83. The transfrontier movement may not proceed until receipt by the original importing country of written consent from the competent authorities of the third country, the original exporting country, and new transit countries.
         2. (3) In the case of re-export of amber or red-list wastes to a country other than those in § 262.58(a)(1), notification to and consent of the competent authorities of the original OECD member country of export and any OECD member countries of transit is required as specified in paragraphs (c)(1) and (c)(2) of this section in addition to compliance with all international agreements and arrangements to which the first importing OECD member country is a party and all applicable regulatory requirements for exports from the first importing country.

§ 262.83 Notification and consent.

(a) Applicability. Consent must be obtained from the competent authorities of the relevant OECD importing and transit countries prior to exporting hazardous waste destined for recovery operations subject to this subpart. Hazardous wastes subject to amber-list controls are subject to the requirements of paragraph (b) of this section; hazardous wastes subject to red-list controls are subject to the requirements of paragraph (c) of this section; and wastes not identified on any list are subject to the requirements of paragraph (d) of this section.

(b) Amber-list wastes. The export from the U.S. of hazardous wastes as described in § 262.80(a) that appear on the amber list is prohibited unless the notification and consent requirements of paragraph (b)(l) or paragraph (b)(2) of this section are met.

1. (1) Transactions requiring specific consent:
   1. (i) Notification. At least 45 days prior to commencement of the transfrontier movement, the notifier must provide written notification in English of the proposed transfrontier movement to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, with the words “Attention: OECD Export Notification” prominently displayed on the envelope. This notification must include all of the information identified in paragraph (e) of this section. In cases where wastes having similar physical and chemical characteristics, the same United Nations classification, and the same RCRA waste codes are to be sent periodically to the same recovery facility by the same notifier, the notifier may submit one notification of intent to export these wastes in multiple shipments during a period of up to one year.
      1. (ii) Tacit consent. If no objection has been lodged by any concerned country (i.e., exporting, importing, or transit countries) to a notification provided pursuant to paragraph (b)(1)(i) of this section within 30 days after the date of issuance of the Acknowledgment of Receipt of notification by the competent authority of the importing country, the transfrontier movement may commence. Tacit consent expires one calendar year after the close of the 30 day period; renotification and renewal of all consents is required for exports after that date.
         1. (iii) Written consent. If the competent authorities of all the relevant OECD importing and transit countries provide written consent in a period less than 30 days, the transfrontier movement may commence immediately after all necessary consents are received. Written consent expires for each relevant OECD importing and transit country one calendar year after the date of that country's consent unless otherwise specified; renotification and renewal of each expired consent is required for exports after that date.
         2. (2) Shipments to facilities pre-approved by the competent authorities of the importing countries to accept specific wastes for recovery:
         3. (i) The notifier must provide EPA the information identified in paragraph (e) of this section in English, at least 10 days in advance of commencing shipment to a pre- approved facility. The notification should indicate that the recovery facility is pre- approved, and may apply to a single specific shipment or to multiple shipments as described in paragraph (b)(1)(i) of this section. This information must be sent to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, with the words “OECD Export Notification-Pre-approved Facility” prominently displayed on the envelope.
         4. (ii) Shipments may commence after the notification required in paragraph (b)(1)(i) of this section has been received by the competent authorities of all concerned countries, unless the notifier has received information indicating that the competent authorities of one or more concerned countries objects to the shipment.

(c) Red-list wastes. The export from the U.S. of hazardous wastes as described in § 262.80(a) that appear on the red list is prohibited unless notice is given pursuant to paragraph (b)(1)(i) of this section and the notifier receives written consent from the importing country and any transit countries prior to commencement of the transfrontier movement.

(d) Unlisted wastes. Wastes not assigned to the green, amber, or red list that are considered hazardous under U.S. national procedures as defined in § 262.80(a) are subject to the notification and consent requirements established for red-list wastes in accordance with paragraph (c) of this section. Unlisted wastes that are not considered hazardous under U.S. national procedures as defined in § 262.80(a) are not subject to amber or red controls when exported or imported.

(e) Notification information. Notifications submitted under this section must include:

1. (1) Serial number or other accepted identifier of the notification form;
   1. (2) Notifier name and EPA identification number (if applicable), address, and telephone and telefax numbers;
      1. (3) Importing recovery facility name, address, telephone and telefax numbers, and technologies employed;
         1. (4) Consignee name (if not the owner or operator of the recovery facility) address, and telephone and telefax numbers; whether the consignee will engage in waste exchange or storage prior to delivering the waste to the final recovery facility and identification of recovery operations to be employed at the final recovery facility;
         2. (5) Intended transporters and/or their agents;
         3. (6) Country of export and relevant competent authority, and point of departure;
         4. (7) Countries of transit and relevant competent authorities and points of entry and departure;
         5. (8) Country of import and relevant competent authority, and point of entry;
         6. (9) Statement of whether the notification is a single notification or a general notification. If general, include period of validity requested;
         7. (10) Date foreseen for commencement of transfrontier movement;
         8. (11) Designation of waste type(s) from the appropriate list (amber or red and waste list code), descriptions of each waste type, estimated total quantity of each, RCRA waste code, and United Nations number for each waste type; and (12) Certification/Declaration signed by the notifier that states: I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally-enforceable written contractual obligations have been entered into, and that any applicable insurance or other financial guarantees are or shall be in force covering the transfrontier movement.

            Name:----------------------------Signature:-------------------------Date:------------------------- Note to paragraph (e)(12): The U.S. does not currently require financial assurance; however, U.S. exporters may be asked by other governments to provide and certify to such assurance as a condition of obtaining consent to a proposed movement.

§ 262.84 Tracking document.

(a) All U.S. parties subject to the contract provisions of § 262.85 must ensure that a tracking document meeting the conditions of § 262.84(b) accompanies each transfrontier shipment of wastes subject to amber-list or red-list controls from the initiation of the shipment until it reaches the final recovery facility, including cases in which the waste is stored and/or exchanged by the consignee prior to shipment to the final recovery facility, except as provided in §§ 262.84(a)(1) and (2).

1. (1) For shipments of hazardous waste within the U.S. solely by water (bulk shipments only) the generator must forward the tracking document with the manifest to the last water (bulk shipment) transporter to handle the waste in the U.S. if exported by water, (in accordance with the manifest routing procedures at § 262.23(c)).
   1. (2) For rail shipments of hazardous waste within the U.S. which originate at the site of generation, the generator must forward the tracking document with the manifest (in accordance with the routing procedures for the manifest in § 262.23(d)) to the next non- rail transporter, if any, or the last rail transporter to handle the waste in the U.S. if exported by rail.

(b) The tracking document must include all information required under § 262.83 (for notification), and the following:

1. (1) Date shipment commenced.
   1. (2) Name (if not notifier), address, and telephone and telefax numbers of primary exporter.
      1. (3) Company name and EPA ID number of all transporters.
         1. (4) Identification (license, registered name or registration number) of means of transport, including types of packaging.
         2. (5) Any special precautions to be taken by transporters.
         3. (6) Certification/declaration signed by notifier that no objection to the shipment has been lodged as follows:

            I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally-enforceable written contractual obligations have been entered into, that any applicable insurance or other financial guarantees are or shall be in force covering the transfrontier movement, and that:

         4. 1. All necessary consents have been received; OR 2. The shipment is directed at a recovery facility within the OECD area and no objection has been received from any of the concerned countries within the 30 day tacit consent period; OR 3. The shipment is directed at a recovery facility pre-authorized for that type of waste within the OECD area; such an authorization has not been revoked, and no objection has been received from any of the concerned countries.

            (delete sentences that are not applicable)

            Name:----------------------------------------------------- Signature:------------------------------------------------- Date:-------------------------------------------------------- (7) Appropriate signatures for each custody transfer (e.g. transporter, consignee, and owner or operator of the recovery facility).

(c) Notifiers also must comply with the special manifest requirements of §§ 262-54(a), (b), (c), (e), and (i) and consignees must comply with the import requirements of Part 262, Subpart F.

(d) Each U.S. person that has physical custody of the waste from the time the movement commences until it arrives at the recovery facility must sign the tracking document (e.g. transporter, consignee, and owner or operator of the recovery facility).

(e) Within 3 working days of the receipt of imports subject to this subpart, the owner or operator of the U.S. recovery facility must send signed copies of the tracking document to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, and to the competent authorities of the exporting and transit countries. § 262.85 Contracts.

(a) Transfrontier movements of hazardous wastes subject to amber or red control procedures are prohibited unless they occur under the terms of a valid written contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Such contracts or equivalent arrangements must be executed by the notifier and the owner or operator of the recovery facility, and must specify responsibilities for each. Contracts or equivalent arrangements are valid for the purposes of this section only if persons assuming obligations under the contracts or equivalent arrangements have appropriate legal status to conduct the operations specified in the contract or equivalent arrangement.

(b) Contracts or equivalent arrangements must specify the name and EPA ID number, where available, of:

1. (1) The generator of each type of waste;
   1. (2) Each person who will have physical custody of the wastes;
      1. (3) Each person who will have legal control of the wastes; and (4) The recovery facility.

(c) Contracts or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the wastes if its disposition cannot be carried out as described in the notification of intent to export. In such cases, contracts must specify that:

1. (1) The person having actual possession or physical control over the wastes will immediately inform the notifier and the competent authorities of the exporting and importing countries and, if the wastes are located in a country of transit, the competent authorities of that country; and (2) The person specified in the contract will assume responsibility for the adequate management of the wastes in compliance with applicable laws and regulations including, if necessary, arranging their return to the original country of export.

(d) Contracts must specify that the consignee will provide the notification required in § 262.82(c) prior to re-export of controlled wastes to a third country.

(e) Contracts or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of any concerned country, in accordance with applicable national or international law requirements.

1. Note to paragraph (e): Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The U.S. does not require such financial guarantees at this time; however, some OECD countries do. It is the responsibility of the notifier to ascertain and comply with such requirements; in some cases, transporters or consignees may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.

(f) Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of this subpart.

(g) Upon request by EPA, U.S. notifiers, consignees, or recovery facilities must submit to EPA copies of contracts, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Information contained in the contracts or equivalent arrangements for which a claim of confidentiality is asserted accordance with 40 CFR 2.203(b) will be treated as confidential and will be disclosed by EPA only as provided in 40 CFR 260.2.

1. Note to paragraph (g): Although the U.S. does not require routine submission of contracts at this time, OECD Council Decision C(92)39/FINAL allows members to impose such requirements. When other OECD countries require submission of partial or complete copies of the contract as a condition to granting consent to proposed movements, EPA will request the required information; absent submission of such information, some OECD countries may deny consent for the proposed movement.

§ 262.86 Provisions relating to recognized traders.

(a) A recognized trader who takes physical custody of a waste and conducts recovery operations (including storage prior to recovery) is acting as the owner or operator of a recovery facility and must be so authorized in accordance with all applicable Federal laws.

(b) A recognized trader acting as a notifier or consignee for transfrontier shipments of waste must comply with all the requirements of this subpart associated with being a notifier or consignee. § 262.87 Reporting and recordkeeping.

(a) Annual reports. For all waste movements subject to this Subpart, persons (e.g., notifiers, recognized traders) who meet the definition of primary exporter in § 262.51 shall file an annual report with the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, no later than March 1 of each year summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year. (If the primary exporter is required to file an annual report for waste exports that are not covered under this Subpart, he/she may include all export information in one report provided the following information on exports of waste destined for recovery within the designated OECD member countries is contained in a separate section). Such reports shall include the following:

1. (1) The EPA identification number, name, and mailing and site address of the notifier filing the report;
   1. (2) The calendar year covered by the report;
      1. (3) The name and site address of each final recovery facility;
         1. (4) By final recovery facility, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number (from Part 261, Subpart C or D), designation of waste type(s) from OECD waste list and applicable waste code from the OECD lists, DOT hazard class, the name and U.S. EPA identification number (where applicable) for each transporter used, the total amount of hazardous waste shipped pursuant to this Subpart, and number of shipments pursuant to each notification;
         2. (5) In even numbered years, for each hazardous waste exported, except for hazardous waste produced by exporters of greater than 100 kg but less than 1000 kg in a calendar month, and except for hazardous waste for which information was already provided pursuant to § 262.41:
         3. (i) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and (ii) A description of the changes in volume and toxicity of the waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984; and (6) A certification signed by the person acting as primary exporter that states: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.

(b) Exception reports. Any person who meets the definition of primary exporter in § 262.51 must file an exception report in lieu of the requirements of § 262.42 with the Administrator if any of the following occurs:

1. (1) He/she has not received a copy of the tracking documentation signed by the transporter stating point of departure of the waste from the United States, within forty-five (45) days from the date it was accepted by the initial transporter;
   1. (2) Within ninety (90) days from the date the waste was accepted by the initial transporter, the notifier has not received written confirmation from the recovery facility that the hazardous waste was received;
      1. (3) The waste is returned to the United States.

(c) Recordkeeping.

1. (1) Persons who meet the definition of primary exporter in § 262.51 shall keep the following records:
   1. (i) A copy of each notification of intent to export and all written consents obtained from the competent authorities of concerned countries for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;
      1. (ii) A copy of each annual report for a period of at least three years from the due date of the report; and (iii) A copy of any exception reports and a copy of each confirmation of delivery (i.e., tracking documentation) sent by the recovery facility to the notifier for at least three years from the date the hazardous waste was accepted by the initial transporter or received by the recovery facility, whichever is applicable.
         1. (2) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator.

§ 262.88 Pre-approval for U.S. Recovery Facilities (Reserved). § 262.89 OECD Waste Lists.

(a) General. For the purposes of this subpart, a waste is considered hazardous under U.S. national procedures, and hence subject to this subpart, if the waste:

1. (1) Meets the Federal definition of hazardous waste in 40 CFR 261.3; and (2) Is subject to either the Federal RCRA manifesting requirements at 40 CFR Part 262, Subpart B, to the universal waste management standards of 40 CFR Part 273, or to the requirements of Part 273 of these regulations.

(b) If a waste is hazardous under paragraph (a) of this section and it appears on the amber or red list, it is subject to amber- or red-list requirements respectively;

(c) If a waste is hazardous under paragraph (a) of this section and it does not appear on either amber or red lists, it is subject to red-list requirements.

(d) The appropriate control procedures for hazardous wastes and hazardous waste mixtures are addressed in § 262.82.

(e) The OECD Green List of Wastes (revised May 1994), Amber List of Wastes and Red List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations) are incorporated by reference. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51 on July 11, 1996. These materials are incorporated as they exist on the date of the approval and a notice of any change in these materials will be published in the Federal Register. The materials are available for inspection at: the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC; the U.S. Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and may be obtained from the Organisation for Economic Cooperation and Development, Environment Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France. These materials are also available for review at the Colorado Department of Public Health and Environment (See § 260.2(b)) and at the State Publications Depository Libraries.

APPENDIX - UNIFORM HAZARDOUS WASTE MANIFEST INSTRUCTIONS Read all instructions before completing this form.

This form has been designed for use on a 12-pitch (elite) typewriter: a firm point pen may also be used- press down hard.

Federal regulations require generators and transporters of hazardous waste and owners or operators of hazardous waste treatment, storage, and disposal facilities to use this form (8700-22) and, if necessary, the continuation sheet (Form 8700-22A) for both inter and intrastate transportation. Federal regulations also require generators and transporters of hazardous waste and owners or operators of hazardous waste treatment, storage and disposal facilities to complete the following information: GENERATORS Item 1. Generator's U.S. EPA ID Number-Manifest Document Number Enter the generator's U.S. EPA twelve digit identification number and the unique five digit number assigned to this Manifest (e.g. 00001) by the generator. Item 2. Page 1 of ----- Enter the total number of pages used to complete this-Manifest, i.e. the first page (EPA Form 8700-22) plus the number of Continuation Sheets (EPA Form 8700-22A), if any. Item 3. Generator's Name and Mailing Address Enter the name and address of the generator. The address should be the location that will manage the returned Manifest forms.

Item 4. Generator's Phone Number Enter a telephone number where an authorized agent of the generator may be reached in the event of an emergency.

Item 5. Transporter 1 Company Name Enter the company name of the first transporter who will transport the waste. Item 6. U.S. EPA ID Number Enter the U.S. EPA twelve digit identification number of the first transporter identified in item 5. Item 7. Transporter 2 Company Name If applicable, enter the company name of the second transporter who will transport the waste. If more than two transporters are used to transport the waste, use a Continuation Sheet(s)[EPA Form 8700-22A] and list the transporters in the order they will be transporting the waste. Item 8. U.S. EPA ID Number If applicable, enter the U.S. EPA twelve identification number of the second transporter identified in item 7.

1. Note: If more than two transporters are used, enter each additional transporter's company name and U.S. EPA twelve digit identification number in items 24-27 on the Continuation Sheet (EPA Form 8700-22A). Each Continuation Sheet has space to record two additional transporters. Every transporter used between the generator and the designated facility must be listed. Item 9. Designated facility Name and Site Address Enter the company name and site address of the facility designated to receive the waste listed on this Manifest. The address must be the site address, which may differ from the company mailing address. Item 10. U.S. EPA ID Number Enter the U.S. EPA twelve digit identification number of the designated facility identified in item 9. Item 11. U.S. DOT Description [Including Proper Shipping Name, Hazard Class, and ID Number (UN/NA)] Enter the U.S. DOT Proper Shipping Name, Hazard Class, and ID Number (UN/NA) for each waste as identified in 49 CFR 171 through 177.
   1. Note: If additional space is needed for waste descriptions, enter these additional descriptions in item 28 on the Continuation Sheet (EPA Form 8700-22A)

Item 12. Containers (No. and Type)

Enter the number of containers for each waste and the appropriate abbreviation from Table I (below) for the type of container.

Table I-Types of Containers DM = Metal drums, barrels, kegs DW = Wooden drums, barrels, kegs DF = Fiberboard or plastic drums, barrels, kegs TP = Tanks portable TT = Cargo tanks (tank trucks)

1. TC = Tank cars DT = Dump truck CY = Cylinders CM = Metal boxes, cartons, cases (including roll-offs)
   1. CW = Wooden boxes, cartons, cases CF = Fiber or plastic boxes, cartons cases BA = Burlap, cloth, paper or plastic bags Item 13. Total Quantity Enter the total quantity of waste described on each line. Item 14. Unit (Wt./Vol)

Enter the appropriate abbreviation from Table II (below) for the unit of measure. Table II-Units of Measure G = Gallons (liquids only)

1. P = Pounds T = Tons (2000 lbs.)
   1. Y = Cubic yards L = Liters (liquids only)

      K = Kilograms M = Metric tons (1000 kg)

      N = Cubic meters Item 15. Special Handling Instructions and Additional Information Generators may use this space to indicate special transportation, treatment, storage, or disposal information or Bill of Lading information. States may not require additional, new, or different information in this space. For international shipments, generators must enter in this space the point of departure (City and State) for those shipments destined for treatment, storage, or disposal outside the jurisdiction of the United States.

Item 16. Generator's Certification The generator must read, sign (by hand), and date the certification statement. If a mode other than highway is used, the word “highway” should be lined out and the appropriate mode (rail, water, or air) inserted in the space below. If another mode in addition to the highway mode is used, enter the appropriate additional mode (e.g., and rail) in the space below. Primary exporters shipping hazardous wastes to a facility located outside of the United States must add to the end of the first sentence of the certification the following words “and conforms to the terms of the EPA Acknowledgment of Consent to the shipment.” In signing the waste minimization certification statement, those generators who have not been exempted by statute or regulation from the duty to make a waste minimization certification under section 3002(b) or RCRA are also certifying that they have complied with the waste minimization requirements. Generators may preprint the words, “On behalf of” in the signature block or may hand write this statement in the signature block prior to signing the generator certifications. Note: All of the above information except the handwritten signature required in item 16 may be preprinted.

TRANSPORTERS Item 17. Transporter 1 Acknowledgement of Receipt of Materials Enter the name of the person accepting the waste on behalf of the first transporter. That person must acknowledge acceptance of the waste described on the Manifest by signing and entering the date of receipt.

Item 18. Transporter 2 Acknowledgement of Receipt of Materials Enter, if applicable, the name of the person accepting the waste on behalf of the second transporter. That person must acknowledge acceptance of the waste described on the Manifest by signing and entering the date of receipt.

1. Note: International Shipments -- Transporter Responsibilities. Exports - Transporters must sign and enter the date the waste left the United States in item 15 of Form 8700-22.
   1. Imports -- Shipments of hazardous waste regulated by RCRA and transported into the United States from another country must upon entry be accompanied by the U.S. EPA Uniform Hazardous Waste Manifest. Transporters who transport hazardous waste into the United States from another country are responsible for completing the Manifest [40 CFR § 263.10(c)(1)]. OWNERS AND OPERATORS OF TREATMENT, STORAGE, OR DISPOSAL FACILITIES Item 19. Discrepancy Indication Space The authorized representative of the designated (or alternate) facility's owner or operator must note in this space any significant discrepancy between the waste described on the Manifest and the waste actually received at the facility.

Owners and operators of facilities located in authorized States (i.e. those States that have received authorization from the U.S. EPA to administer the hazardous waste program) should contact their State agency for information on State Discrepancy Report requirements. Item 20. Facility Owner or Operator: Certification of Receipt of Hazardous Materials Covered by This Manifest Except as Noted in Item 19 Print or type the name of the person accepting the waste on behalf of the owner or operator of the facility. That person must acknowledge acceptance of the waste described on the Manifest by signing and entering the date of receipt.

Items A-K are not required by Federal regulations for ultra or interstate transportation. However, States may require generators and owners or operators of treatment, storage, or disposal facilities to complete some or all of items A-K as part of State manifest reporting requirements. Generators and owners and operators of treatment, storage, or disposal facilities are advised to contact State Officials for guidance on completing the shaded areas of the Manifest.

GENERAL INSTRUCTIONS UNIFORM HAZARDOUS WASTE MANIFEST (Continuation Sheet U.S. EPA Form 8700-22A)

Read all instructions before completing this form.

This form has been designed for use on a 12-pitch (elite) typewriter; a firm point pen may also be used- press down hard.

This form must be used as a continuation sheet to U.S. EPA form 8700-22 if: ● More than two transporters are to be used to transport the waste; ● More space is required for the U.S. DOT description and related information in Item 11 of U.S. EPA Form 8700-22.

Federal regulations require generators and transporters of hazardous waste and owners or operators of hazardous waste treatment, storage, or disposal facilities to use the uniform hazardous waste manifest (EPA 8700-22) and, if necessary, this continuation sheet (EPA Form 8700-22A) for both inter and intrastate transportation.

GENERATORS Item 21. Generator's U. S. EPA ID Number-Manifest Document Number Enter the generator's U.S. EPA twelve digit identification number and the unique five digit number assigned to this Manifest (e.g. 00001) as it appears in item 1 on the first page of the Manifest. Item 22. Page- Enter the page number of this Continuation Sheet.

Item 23. Generator's Name Enter the generator's name as it appears in item 3 on the first page of the Manifest. Item 24. Transporter - Company Name If additional transporters are used to transport the waste described on this Manifest, enter the company name of each additional transporter in the order in which they will transport the waste. Enter after the word Transporter" the order of the transporter. For example, Transporter 3 Company Name. Each Continuation Sheet will record the names of two additional transporters. Item 25. U.S. EPA ID Number Enter the U.S. EPA twelve digit identification number of the transporter described in item 24. Item 26. Transporter - Company Name If additional transporters are used to transport the waste described on this Manifest, enter the company name of each additional transporter in the order in which they will transport the waste. Enter after the word Transporter" the order of the transporter. For example, Transporter 4 Company Name. Each Continuation Sheet will record the names of two additional transporters. Item 27. U.S. EPA ID Number Enter the U.S. EPA twelve digit identification number of the transporter described in item 26. Item 28. U.S. DOT Description Including Proper Shipping Name, Hazardous Class, and ID Number (UN/NA)

Refer to item 11.

Item 29. Containers (No. and Type)

Refer to item 12.

Item 30. Total Quantity Refer to item 13.

Item 31. Unit (Wt./Vol.)

Refer to item 14.

Item 32. Special Handling Instructions Generators may use this space to indicate special transportation, treatment, storage, or disposal information or Bill of Lading information. States are not authorized to require additional, new, or different information in this space.

TRANSPORTERS Item 33. Transporter-Acknowledgement of Receipt of Materials Enter the same number of the Transporter as identified in item 24. Enter also the name of the person accepting the waste on behalf of the Transporter (Company Name) identified in item 24. That person must acknowledge acceptance of the waste described on the Manifest by signing and entering the date of receipt.

Item 34. Transporter--Acknowledgement of Receipt of Materials Enter the same number as identified in item 26. Enter also the name of the person accepting the waste on behalf of the Transporter (Company Name) identified in item 26. That person must acknowledge acceptance of the waste described on the Manifest by signing and entering the date of receipt. OWNERS AND OPERATORS OF TREATMENT, STORAGE, OR DISPOSAL FACILITIES Item 35. Discrepancy Indication Space Refer to item 19.

Items L-R are not required by Federal regulations for intra- or interstate transportation. However, States may require generators and owners or operators of treatment, storage, or disposal facilities to complete some or all of items L-R as part of State manifest reporting requirements. Generators and owners and operators of treatment, storage, or disposal facilities are advised to contact State officials for guidance on completing the shaded areas of the manifest.

Statement of Basis and PurposePart 262 - Generator Regulations Purpose The fundamental purpose of these regulations which are promulgated pursuant to CR.S. 1973, 25-15- 302(2), is to establish the responsibilities of generators of hazardous waste in the handling and transportation of that waste in order to ensure protection of public health and safety and the environment. Additionally, regulations concerning hazardous waste generators are a necessary and required component in conducting a hazardous waste management program; the State intends to obtain EPA authorization for a hazardous waste management program pursuant to C.R.S. 1973, 25-15-302. Such full state authorization to conduct the hazardous waste regulatory program can be granted only upon the determination that the State program is equivalent to that of the EPA. BASIS These regulations are based upon a “cradle-to-grave” system of regulation of hazardous waste. Under this system, hazardous waste is tracked and regulated from the point of generation through storage and transportation to the point of treatment and/or disposal. In this manner, a major portion of the hazardous waste generated in the State is regulated and accounted for, thereby minimizing the potential for public health and environmental problems resulting from improper management, handling, transportation and disposal of these wastes. The great potential for public health and environmental problems, including hazards associated with fire, explosion, direct contact, and air, surface water and groundwater contamination resulting from inadequate management of hazardous wastes has been documented at hundreds of sites throughout the nation and has spurred the development of hazardous waste regulations pursuant to the Resource Conservation and Recovery Act (RCRA) of 1976, Public Law 94-580. These regulations are based, for the most part, on those developed by the EPA under Subtitle C of RCRA. This was done for the reasons discussed below. Because the Federal hazardous waste regulations are comprehensive and technically complex, it was felt that adopting the Federal format and amending specific sections to the needs of the State, as opposed to developing State regulations “from scratch”, would save substantial amounts of time and financial resources. Also, it was felt that the process of determination of initial program equivalency would be greatly simplified through adoption of the Federal format. Further, because the Federal regulations are presently subject to frequent amendment, adoption of the Federal format greatly enhances maintaining equivalency of the State regulations to the Federal program.

As stated above, much of the scientific basis for these regulations was developed in the course of EPA research and investigations over a period of several years. Therefore, all information utilized by EPA in developing and proposing these regulations, including that referenced in the Federal Register Volume 45, Number 98, May 19,1980 p. 33066 et seq. is hereby incorporated in this statement by reference. The basis for these regulations was further developed through a series of twelve public meetings at which comments were received from interested parties. Accordingly, certain changes from the Federal regulations have been incorporated in these regulations where it was deemed advisable as a result of public comment and study of the issues, in order to tailor the regulations more to Colorado's needs. Such departures from the approach taken in the Federal regulations are discussed in this document under the pertinent topics.

The Regulations HAZARDOUS WASTE DETERMINATION Hazardous waste is defined in the regulations as a subset of the more encompassing definition of solid waste. Therefore, initially, a person who generates solid waste, as defined in § 261.2 of the regulations is required to determine if that waste is hazardous by following the steps outlined in § 262.11 of the regulations. This determination is essential in order to ensure that all hazardous wastes are included within the regulatory system and therefore managed and disposed in a manner which protects public health and the environment. Once the generator makes the determination that this waste is hazardous, he/she is required to notify the Department of this activity. NOTIFICATION In order for hazardous waste to be tracked from point of origin through transportation to point of disposal, all parties must be identifiable within the tracking system. Therefore, the regulations require that generators who have not received an EPA identification number notify the Department and receive an EPA identification number prior to the treatment, storage, disposal, or transportation of hazardous waste. Accordingly, the generator is prevented from offering his/her hazardous waste to transporters or treatment, storage or disposal facilities without an EPA identification number. MANIFEST SYSTEM The essential element in this hazardous waste tracking system is the manifest. The manifest contains pertinent information concerning the wastes which are being transported off-site. All the parties involved with a particular waste shipment are responsible for signing and dating the manifest. The generator is specifically responsible for preparing the manifest. The generator must designate on the manifest the permitted facility to which his/her wastes will be delivered. Certain pertinent information must be included by the generator on the manifest including the following: (1) the names, addresses and EPA identification numbers of all parties involved with the waste; (2) the description of the waste(s) including proper shipping name, and (3) the total quantity of each waste and the type and number of containers. The information found on the manifest must enable emergency response personnel to determine the nature of the hazard and institute control measures to protect public health and safety. After signing the manifest, the generator must obtain the signature of the initial transporter and date of acceptance. One copy of the manifest is retained by the generator while the remaining copies are given to the transporter. The transporter then obtains the signature of the owner or operator of the designated treatment, storage, or disposal facility, retains one copy and the designated facility receives the remaining copies. The designated facility retains one copy of the manifest and returns one copy to the generator. This enables the generator to show, through the initial retained copy and the copy returned by the facility, that the waste which he/she shipped was received by the designated facility. In this manner, each party has a record of the transaction and the generated wastes can be accounted for in transport and disposal. This manifest accounting system greatly decreases the opportunity and likelihood for illegal dumping and release to the environment at any of the stages of handling these wastes and so protects the public from potential exposure to these wastes.

Those federal standards applicable to water (bulk shipment) transporters have been deleted, due to the impossibility of such transportation in Colorado. In addition to generally applicable manifest requirements, rail transporters are also referred to following transporter regulation § 263.20(f) for special provisions. PRE-TRANSPORT REQUIREMENTS The generator regulations include certain hazardous material regulations which have been adopted from the Department of Transportation (DOT). These regulations concern packaging, labeling, marking, and placarding. These regulations have been adopted in order to protect the health and safety of those individuals responsible for managing, handling, transporting and disposing of hazardous wastes, to protect those individuals responding to the scene of an incident involving hazardous wastes and to protect, in general, public health and safety in the management of hazardous waste. The Board's adoption of these pre-transport regulations ensures consistency with the requirements of DOT. The Colorado Public Utilities Commission (PUC) has assumed jurisdiction over state transportation of hazardous materials from the DOT, and is currently in the process of promulgating regulations concerning the transportation of hazardous wastes. Efforts are being made to negotiate a Memorandum of Understanding concerning enforcement of applicable hazardous waste transportation regulations between the Department and the PUC.

Most generators accumulate waste on-site until the time of transportation for practical and economic reasons. Paperwork associated with manifests is commensurate with the number of waste shipments. Also, in most cases it is more economical to ship an entire truckload of waste rather than just a few drums. There are safety and health concerns, however, which lead to placing limits on the accumulation time allowed to a generator who does not have interim status or a hazardous waste storage permit. Hazards associated with fire are increased with large accumulations of material, and the likelihood that a container will leak also increases with time. Therefore, provisions are made in the regulations for generators to accumulate hazardous waste that has been generated on-site for as long as 90 days without a permit provided certain requirements are met. These special requirements concern containers, tanks, preparedness and prevention, personnel training, contingency planning and emergency procedures. A generator who accumulates hazardous waste for more than 90 days must have a permit unless an extension of up to 30 days is granted by the Department. RECORDKEEPING AND REPORTING Records are an essential part of the hazardous waste tracking system. There must be tangible evidence of transactions involving hazardous waste in order to assure the generators compliance with these regulations. This is necessary to ensure that all hazardous waste is managed in a manner which protects public health and the environment. Accordingly, copies of each manifest, annual report, and test results (in accordance with § 262.11) must be kept for at least 3 years by the generator. Due to the lack of an adequate data base concerning hazardous waste generation and disposal in Colorado, the submittal of an annual report by generators may be required, at the discretion of the Director. This enables the Department to gather a data base and update it periodically, while generators are not burdened with submitting the information unless the Department determines that it is needed. In order to ensure that all hazardous waste shipped by generators is accounted for, a generator must contact the transporter and/or the owner or operator of the designated treatment, storage, or disposal facility if he/she does not receive a signed copy of the manifest from the designated facility within 35 days of the date the waste was initially accepted. If, after 45 days, the generator has still not received a copy of the manifest, he/she must submit an exception report to the Department. In order to determine compliance with these regulations, the Department may require generators to furnish additional reports concerning quantities and disposition of hazardous wastes. SPECIAL CONDITIONS The notification requirement for international shipments will not be delegated to the State by EPA. Therefore, all generators shipping waste outside the United States must notify the Administrator of EPA as required in § 262.50 of the regulations.

A Farmer disposing of his/her own waste pesticides is not required to comply with the generator or treatment, storage or disposal facility standards provided precautions outlined in § 262.51 are met These requirements provide protection of public health and the environment while serving to lessen the regulatory burden upon farmers.

PART 263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE Subpart A - General

1. 263.10 Scope.
   1. 263.11 EPA identification
      1. number.
   2. 263.12 Transfer facility
      1. requirements.

         Subpart B – Compliance With the Manifest System and Recordkeeping

   3. 263.20 The Manifest System.
   4. 263.21 Compliance with the
      1. manifest.
   5. 263.22 Recordkeeping.

      Subpart C - Hazardous Waste Discharges

   6. 263.30 Immediate action.
   7. 263.31 Discharge clean up.

      Subpart D - Spills at Transfer Facilities

   8. 263.40 Spill response.

Subpart A - General § 263.10 Scope.

(a) These regulations establish standards which apply to persons: transporting hazardous waste within Colorado if the transportation requires a manifest under Part 262, storing hazardous waste that is not exempt from the regulatory requirements of this Part 263 at a transfer facility located in Colorado, or transferring a hazardous waste that is not exempt from the regulatory requirements of this Part 263 from one container to another at a transfer facility located in Colorado. In this Part 263, these persons are referred to as “transporters.”

(b) These regulations do not apply to on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste management facilities or to hazardous waste management activities regulated under Part 262, 264 or 265 of these regulations.

(c) A transporter of hazardous waste subject to the manifesting requirements of Part 262, or subject to the waste management standards of 40 CFR Part 273, or subject to the requirements of Part 273 of these regulations, that is being imported from or exported to any of the countries listed in § 262.58(a)(1) for purposes of recovery is subject to this subpart and to all other relevant requirements of Subpart H of Part 262, including, but not limited to, § 262.84 for tracking documents.

(d) An attached statement of basis and purpose for these regulations has been adopted by the Board of Health, and is hereby incorporated by reference in these regulations pursuant to C.R.S. 1973, 244-103.

§ 263.11 EPA identification number.

(a) A transporter must not transport hazardous wastes or operate a transfer facility located in Colorado without having received an EPA identification number.

(b) A transporter who has not received an EPA identification number may obtain one by applying to the Department using EPA Form 8700-12. Upon receiving the request, the Department will assign and forward an EPA identification number to the transporter. § 263.12 Transfer facility requirements.

(a) Notification: The owner or operator of a transfer facility located in Colorado shall notify the Department, as part of the notification filed under Part 99 of these regulations, of the location and general description of the activities at the transfer facility.

(b) A transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of § 262.30 at a transfer facility for a period of ten days or less is not subject to regulation under Part 100, 264, 265, 266, and 268 with respect to the storage of those wastes.

(c) A transporter of hazardous waste who mixes hazardous wastes of different applicable DOT shipping descriptions by placing them within a single container at a transfer facility located in Colorado must:

1. (1) Make a hazardous waste determination of the resulting waste mixture pursuant to § 262.11;
   1. (2) Comply with the manifest requirements of §§ 262.20, 262.21, 262.22, and 262.23 (in addition to the requirements of §§ 263.20 and 263.21) with regard to the resulting waste mixture;
      1. (3) Comply with the pre-transport packaging, labeling, marking, and placarding requirements of §§ 262.30, 262.31, 262.32, and 262.33 with regard to the resulting waste mixture; and (4) Comply with the recordkeeping and reporting requirements of §§ 262.40 and 262.42 (in addition to the requirements of § 263.22) with regard to the resulting waste mixture.

(d) A transporter of hazardous waste who mixes hazardous wastes of different applicable DOT shipping descriptions by placing them into a single container at a transfer facility located in Colorado must, with regard to the containers into which the resulting waste mixture is placed, comply with the following:

1. (1) The transporter must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous wastes to be mixed, so that the ability of the container to contain the resulting waste mixture is not impaired.
   1. (2) If a container holding the resulting waste mixture is not in good condition, or if it begins to leak, the transporter must transfer the resulting waste mixture from this container to a container that is in good condition.
      1. (3) The container holding the resulting waste mixture must always be closed during storage, except when it is necessary to add or remove waste. The container holding the resulting waste mixture must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.
         1. (4) Incompatible wastes, or incompatible wastes and materials (see Appendix V of Part 265 for examples) must not be placed in the same container, unless § 265.17(b) is complied with. Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see Appendix V of Part 265 for examples), unless § 265.17(b) is complied with. A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall or other device. Note to paragraph (d)(4): Re-use of containers in transportation is governed by U.S. Department of Transportation regulations and the Colorado Public Utilities Commission, including those set forth in 49 CFR § 173.28.
         2. (5) The transporter shall manage all hazardous waste placed in a container in accordance with the requirements of Subpart CC of Part 265.

(e) A transporter of hazardous waste who mixes hazardous wastes of different applicable DOT shipping descriptions by placing them into a single container at a transfer facility located in Colorado must, with regard to that portion of the transfer facility where the mixing occurs, comply with the following:

1. (1) The portion of the transfer facility where the mixing occurs must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or water which could threaten human health or the environment. If the transfer facility is not provided with fire protection services by a fire protection district or municipal fire department, the portion of the transfer facility where mixing occurs must be maintained and operated in accordance with a plan for providing its own fire protection and prevention which has been approved by the Department and which meets the following requirements:
   1. (i) The plan shall provide for adequate fire protection and prevention for the portion of the transfer facility where mixing occurs based upon the location and construction of the transfer facility, and based upon the kinds and amounts of hazardous wastes mixed and stored at the transfer facility.
      1. (ii) The plan shall specify the required equipment and the required availability and training of transfer facility personnel.
         1. (iii) The plan shall be based upon the provisions of the Uniform Fire Code, the National Fire Code, the Uniform Building Code, and 29 CFR, Chapter XVII, part 1910, subpart L, Fire Protection.
         2. (iv) Before submitting the plan to the Department for review, the transfer facility shall have the plan reviewed and approved by a registered professional engineer experienced in fire protection.
         3. (2) The portion of the transfer facility where mixing occurs must be equipped with the following, unless none of the hazards posed by the mixing could require a particular kind of equipment specified below:
         4. (i) A device, such as a telephone (accessible near the area where the mixing occurs) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
         5. (ii) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and (iii) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
         6. (3) All communications systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
         7. (4) If there is ever just one employee on the premises while the mixing occurs, he/she must have access to a device, such as a telephone (accessible near the area where the mixing occurs) or a hand-held two-way radio, capable of summoning external emergency assistance.
         8. (5) While mixing occurs, the transporter must maintain aisle space within the transfer facility to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to the area of mixing in an emergency.
         9. (6) Arrangements with local authorities, (i) The transporter must attempt to make the following arrangements, as appropriate for the type of waste handled at his/her transfer facility and the potential need for the services of these organizations:
         10. (A) Arrangements to familiarize police, fire departments, local departments of health, and emergency response teams with the layout of the transfer facility, properties of hazardous waste handled at the transfer facility and associated hazards, places where transfer facility personnel would normally be working, entrances to roads inside the transfer facility, and possible evacuation routes;
         11. (B) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority, (C) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and (D) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the transfer facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the transfer facility.
         12. (ii) Where State or local authorities decline to enter into such arrangements, the transporter must document the refusal.

Subpart B Compliance with the Manifest System and Recordkeeping § 263.20 The manifest system.

(a) A transporter may not accept hazardous waste from a generator unless it is accompanied by a manifest signed in accordance with the provisions of § 262.20. In the case of exports other than those subject to Subpart H of Part 262, a transporter may not accept such waste from a primary exporter or other person: (1) if he/she knows the shipment does not conform to the EPA Acknowledgment of Consent; and (2) unless, in addition to a manifest signed in accordance with the provisions of § 262.20, such waste is also accompanied by an EPA Acknowledgment of Consent which, except for shipment by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)). For exports of hazardous waste subject to the requirements of Subpart H of Part 262, a transporter may not accept hazardous waste without a tracking document that includes all information required by § 262.84.

(b) Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property.

(c) The transporter must ensure that the manifest accompanies the hazardous waste. In the case of exports, the transporter must ensure that a copy of the EPA Acknowledgment of Consent also accompanies the hazardous waste.

(d) A transporter who delivers a hazardous waste to another transporter or to the designated facility must:

1. (1) Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; and (2) Retain one copy of the manifest in accordance with § 263.22; and (3) give the remaining copies of the manifest to the accepting transporter or designated facility.

(e) The requirements of paragraphs (c), (d) and (f) of this section do not apply to water (bulk shipment) transporters if:

1. (1) The hazardous waste is delivered by water (bulk shipment) to the designated facility; and (2) A shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste; and (3) The delivering transporter obtains the date of delivery and hand-written signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and (4) The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and (5) A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with § 263.22.

(f) For shipments involving rail transportation, the requirements of paragraphs (c) and (d) do not apply and the following requirements do apply:

1. (1) When accepting hazardous waste from a non-rail transporter, the initial rail transporter must:
   1. (i) Sign and date the manifest acknowledging acceptance of the hazardous waste;
      1. (ii) Return a signed copy of the manifest to the non-rail transporter;
         1. (iii) Forward at least three copies of the manifest to:
         2. (A) The next non-rail transporter, if any; or, (B) The designated facility if the shipment is delivered to that facility by rail; or (C) The last rail transporter designated to handle the waste in the United States;
         3. (iv) Retain one copy of the manifest and rail shipping paper in accordance with § 263.22.
         4. (2) Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports an EPA Acknowledgment of Consent accompanies the hazardous waste at all times. Intermediate rail transporters are not required to sign either the manifest or shipping paper.
         5. (3) When delivering hazardous waste to the designated facility, a rail transporter must:
         6. (i) Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and (ii) Retain a copy of the manifest or signed shipping paper in accordance with § 263.22.
         7. (4) When delivering hazardous waste to a non-rail transporter a rail transporter must:
         8. (i) Obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and (ii) Retain a copy of the manifest in accordance with § 263.22.
         9. (5) Before accepting hazardous waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter.

(g) Transporters who transport hazardous waste out of the United States must:

1. (1) Indicate on the manifest the date the hazardous waste left the United States; and (2) Sign the manifest and retain one copy in accordance with § 263.22(c); and (3) Return a signed copy of the manifest to the generator, and (4) Give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.

(h) A transporter transporting hazardous waste from a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month need not comply with the requirements of this section or those of § 263.22 provided that:

1. (1) The waste is being transported pursuant to a reclamation agreement as provided for in § 262.20(e);
   1. (2) The transporter records, on a log or shipping paper, the following information for each shipment:
      1. (i) The name, address, and U.S. EPA Identification Number of the generator of the waste;
         1. (ii) The quantity of waste accepted; and (iii) All DOT-required shipping information;
         2. (iv) The date the waste is accepted; and (3) The transporter carries this record when transporting waste to the reclamation facility; and (4) The transporter retains these records for a period of at least three years after termination or expiration of the agreement.

§ 263.21 Compliance with the manifest.

(a) The transporter must deliver the entire quantity of hazardous waste which he/she has accepted from a generator or a transporter to:

1. (1) The designated facility listed on the manifest; or (2) The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or (3) The next designated transporter; or (4) The place outside the United States designated by the generator.

(b) If the hazardous waste cannot be delivered in accordance with paragraph (a) of this section, the transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions.

§ 263.22 Recordkeeping.

(a) A transporter of hazardous waste must keep a copy of the manifest signed by the generator, himself/herself, and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(b) [RESERVED] (c) For shipments of hazardous waste by rail within Colorado:

1. (1) The initial rail transporter must keep a copy of the manifest and shipping paper with all the information required in § 263.20(f)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter; and (2) The final rail transporter must keep a copy of the signed manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of three years from the date the hazardous waste was accepted by the initial transporter. Intermediate rail transporters are not required to keep records pursuant to these regulations.

(d) A transporter who transports hazardous waste out of the United States must keep a copy of the manifest indicating that the hazardous waste left the United States for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(e) The periods of retention referred to in this Section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Colorado Department of Public Health and Environment.

Subpart C — Hazardous Waste Discharges § 263.30 Immediate action.

(a) In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).

(b) If a discharge of hazardous waste occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of his/her official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have EPA identification numbers and without the preparation of a manifest.

(c) An air, rail, or highway transporter who has discharged hazardous waste must:

1. (1) Give notice, if required by 49 CFR § 171.15 or the Public Utilities Commission to the National Response Center (800-424-8802 or 202-426-2675); and (2) Report in writing as required by 49 CFR § 171.16 or the Public Utilities Commission to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, D.C. 20590.
   1. (3) Give notice and report of ultimate disposition to the Colorado Department of Public Health and Environment.

§ 263.31 Discharge clean up.

A transporter must clean up in a timely manner any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Federal, State, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment. Subpart D - Spills at Transfer Facilities.

§ 263.40 Spill Response.

(a) In the event of a spill of hazardous waste at the transfer facility, the transporter must take appropriate immediate action to protect human health and the environment. Further, the transporter must cleanup in a timely manner any spills of hazardous waste at the transfer facility so that the hazardous waste spill no longer presents a hazard to human health or the environment.

(b) Whenever there is a spill, fire, or explosion at a transfer facility, the transporter must immediately identify the character, source, amount, and area extent of any spilled materials. He/she may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.

(c) If the transporter determines that the transfer facility has had a spill exceeding 55 gallons, a fire, or an explosion, the transporter must report the findings to the Department within 24 hours. The report must include:

1. (1) Name and telephone number of reporter;
   1. (2) Name, address, and telephone number of facility;
      1. (3) Date, time, and type of incident (i.e., spill, fire or explosion);
         1. (4) Name and quantity of material(s) involved, to the extent known;
         2. (5) The extent of injuries, if any, and (6) The possible hazards outside the facility to human health or the environment.

(d) Within 15 days after an incident involving a spill exceeding 55 gallons, a fire, or an explosion, the transporter must submit a written report on the incident to the Department. The report must include:

1. (1) Name, address, and telephone number of the transporter;
   1. (2) Name, address, and telephone number of the transfer facility;
      1. (3) Date, time, and type of incident (i.e., spill, fire or explosion);
         1. (4) Name and quantity of material(s) involved;
         2. (5) The extent of injuries, if any;
         3. (6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and (7) Estimated quantity and disposition of recovered material that resulted from the incident. Note: Compliance with the § 263.40 Spill Response requirements does not relieve transporters from any other obligation to comply with all other federal, state and local reporting and notification requirements concerning chemical spills and releases.

Statement of Basis and PurposePart 263 — Transporter Regulations PURPOSE The fundamental purpose of these regulations, which are promulgated pursuant to C.R.S. 1973,25-15- 302(2), is to establish the responsibilities of transporters of hazardous waste in the handling and transportation of that waste in order to ensure protection of public health and safety and the environment Additionally, regulations concerning hazardous waste transporters are a necessary and required component in conducting a hazardous waste management program; the State intends to obtain EPA authorization for a hazardous waste management program pursuant to C.R.S. 1973, 25-15-302. Such full state authorization to conduct the hazardous waste regulatory program can be granted only upon the determination that the State program is equivalent to that of the EPA. BASIS These regulations are based upon a “cradle-to-grave” system of regulation of hazardous waste. Under this system, hazardous waste is tracked and regulated from the point of generation through storage and transportation to the point of treatment and/or disposal. In this manner, a major portion of the hazardous waste generated in the State is regulated and accounted for, thereby minimizing the potential for public health and environmental problems resulting from improper management, handling, transportation and disposal of these wastes. The great potential for public health and environmental problems, including hazards associated with fire, explosion, direct contact, and air, surface water and groundwater contamination resulting from inadequate management of hazardous wastes has been documented at hundreds of sites throughout the nation and has spurred the development of hazardous waste regulations pursuant to the Resource Conservation and Recovery Act (RCRA) of 1976; Public Law 94-580. These regulations are based, for the most part, on those developed by the EPA under Subtitle C of RCRA. This was done for the reasons discussed below. Because the Federal hazardous waste regulations are comprehensive and technically complex, it was felt that adopting the Federal format and amending specific sections to the needs of the State, as opposed to developing State regulations “from scratch”, would save substantial amounts of time and financial resources. Also, it was felt that the process of determination of initial program equivalency would be greatly simplified through adoption of the Federal format. Further, because the Federal regulations are presently subject to frequent amendment, adoption of the Federal format greatly enhances maintaining equivalency of the State regulations to the Federal program.

As stated above, much of the scientific basis for these regulations was developed in the course of EPA research and investigations over a period of several years. Therefore, all information utilized by EPA in developing and proposing these regulations, including that referenced in the Federal Register Volume 45, Number 98, May 19, 1980 p. 33066 et seq. is hereby incorporated in this statement by reference. The basis for these regulations was further developed through a series of twelve public meetings at which comments were received from interested parties. Accordingly, certain changes from the Federal regulations have been incorporated in these regulations where it was deemed advisable as a result of public comment and study of the issues, in order to tailor the regulations more to Colorado's needs. Such departures from the approach taken in the Federal regulations are discussed in this document under the pertinent topics.

The Regulations NOTIFICATION In order for hazardous waste to be tracked from point of origin through transportation to point of disposal, all parties must be identifiable within the tracking system. Accordingly, all potential transporters of hazardous waste located within the State, who have not been assigned an EPA Identification number, must notify the Department and receive an EPA identification number prior to transporting these wastes. MANIFEST SYSTEM The essential element in this hazardous waste tracking system is the manifest. The manifest contains pertinent information concerning the wastes which are being transported off-site. All the parties involved with a particular waste shipment are responsible for signing and dating the manifest. The transporter is specifically responsible for delivering the hazardous waste to the facility designated by the generator on the manifest. It is the transporter's responsibility to sign and date the manifest which acknowledges acceptance of the hazardous waste from the generator. A signed copy must be returned to the generator for his/her records. Upon delivery of the waste to another transporter or to the designated facility, the transporter must obtain the signature of that transporter or of the owner or operator of the designated facility, retaining one copy and transmitting the remaining copies to the accepting transporter or facility. The remaining copy, with all signatures is sent back to the generator. In this manner, each party has a record of the transaction and the generated wastes can be accounted for in transport and disposal. This manifest accounting system greatly decreases the opportunity and likelihood for illegal dumping and release to the environment at any of the stages of handling these wastes and so protects the public from potential exposure to these wastes.

Those standards applicable to water (bulk shipment) transporters in the Federal regulations have been deleted, due to the impossibility of such transportation in Colorado. HAZARDOUS WASTE DISCHARGES These regulations deal with the Transporter's responsibilities in the event of a transportation incident involving the discharge of hazardous waste. In order to protect human health and the environment the transporter must take appropriate immediate action such as containment of the discharged material and notification of local authorities. Such immediate containment measures may prevent the release of the waste to proximate surface water, and immediate notification of local emergency response personnel is necessary to initiate prompt response actions.

In addition to the reporting requirements in the Federal regulations, the State requires the Transporter to notify the Department of the ultimate disposition of any discharged hazardous waste. This requirement is to ensure that discharged hazardous waste is properly cleaned up and disposed. Under these regulations it is the transporter's responsibility to clean up discharges of hazardous waste in a timely manner or take actions required or approved by the Department, local officials, or Federal officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment. These regulations have been changed to require the transporter to clean up discharged hazardous waste in a timely manner.

Both the Transporter and the Generator regulations include certain hazardous material regulations which have been adopted from the Department of Transportation (DOT). These regulations concern, among other things, labeling, marking, placarding, using proper containers, and reporting discharges. These regulations have been adopted in order to protect human health and the environment in the transportation of hazardous waste.

The Board's adoption of these transportation regulations ensures consistency with the requirements of DOT.

The Colorado Public Utilities Commission (PUC) has assumed jurisdiction over State transportation of hazardous materials from the DOT, and is currently in the process of promulgating regulations concerning the transportation of hazardous wastes. Efforts are being made to negotiate a Memorandum of Understanding concerning enforcement of applicable hazardous waste transportation regulations between the Department and the PUC.

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES Subpart A - General Sec.

1. 264.1 Purpose, scope and
   1. applicability.
   2. 264.2 [Reserved]
   3. 264.3 Relationship to interim
      1. status standards.
   4. 264.4 Imminent hazard action.

      Subpart B - General Facility Standards

   5. 264.10 Applicability.
   6. 264.11 Identification number.
   7. 264.12 Required notices.
   8. 264.13 General waste analysis.
   9. 264.14 Security.
   10. 264.15 General inspection
       1. requirements.
   11. 264.16 Personnel training.
   12. 264.17 General requirements for
       1. ignitable, reactive, or incompatible wastes.
   13. 264.18 Installation standards.
   14. 264.19 Construction quality
       1. assurance program.

       Subpart C - Preparedness and Prevention

   15. 264.30 Applicability.
   16. 264.31 Design and operation of
       1. facility.
   17. 264.32 Required equipment.
   18. 264.33 Testing and maintenance
       1. of equipment.
   19. 264.34 Access to
       1. communications or alarm system.
   20. 264.35 Required aisle space.
   21. 264.36 [Reserved]
   22. 264.37 Arrangements with local
       1. authorities.

       Subpart D - Contingency Plan and Emergency Procedures

   23. 264.50 Applicability.
   24. 264.51 Purpose and
       1. implementation of contingency plan.
   25. 264.52 Content of contingency
       1. plan.
   26. 264.53 Copies of contingency
       1. plan.
   27. 264.54 Amendment of
       1. contingency plan.
   28. 264.55 Emergency coordinator.
   29. 264.56 Emergency procedures.

       Subpart E - Manifest System, Recordkeeping and Reporting Sec.

   30. 264.70 Applicability.
   31. 264.71 Use of manifest system.
   32. 264.72 Manifest discrepancies.
   33. 264.73 Operating record.
   34. 264.74 Availability, retention,
       1. and disposition of records.
   35. 264.75 Biennial report.
   36. 264.76 Unmanifested waste
       1. report.
   37. 264.77 Additional reports.

       Subpart F - Ground-Water Protection

   38. 264.90 Applicability.
   39. 264.91 Required programs.
   40. 264.92 Ground-water protection
       1. standard.
   41. 264.93 Hazardous Constituents.
   42. 264.94 Concentration limits.
   43. 264.95 Point of compliance.
   44. 264.96 Compliance period.
   45. 264.97 General ground-water
       1. monitoring requirements.
   46. 264.98 Detection monitoring
       1. program.
   47. 264.99 Compliance monitoring
       1. program.
   48. 264.100 Corrective action
       1. program.
   49. 264.101 Corrective action for
       1. solid waste management units.

       264.102-264.109 [Reserved] Subpart G - Closure and Post-Closure

   50. 264.110 Applicability.
   51. 264.111 Closure performance
       1. standard.
   52. 264.112 Closure plan; amendment
       1. of plan.
   53. 264.113 Closure; time allowed for
       1. closure.
   54. 264.114 Disposal or
       1. decontamination of equipment, structures and soils.
   55. 264.115 Certification of closure.
   56. 264.116 Survey plat.
   57. 264.117 Post-closure care and use
       1. of property.
   58. 264.118 Post-closure plan;
       1. amendment of plan.
   59. 264.119 Post-closure notices.
   60. 264.120 Certification of
       1. completion of post- closure care.

       Subpart H - [Reserved] Subpart I - Use and Management of Containers Sec.

   61. 264.170 Applicability.
   62. 264.171 Condition of containers.
   63. 264.172 Compatibility of waste
       1. with containers.
   64. 264.173 Management of
       1. containers.
   65. 264.174 Inspections.
   66. 264.175 Containment.
   67. 264.176 Special requirements for
       1. ignitable or reactive waste.
   68. 264.177 Special requirements for
       1. incompatible wastes.
   69. 264.178 Closure.
   70. 264.179 Air emission standards.

       Subpart J - Tanks

   71. 264.190 Applicability.
   72. 264.191 Assessment of existing
       1. tank system's integrity.
   73. 264.192 Design and installation of
       1. new tank systems or components.
   74. 264.193 Containment and
       1. detection of releases.
   75. 264.194 General operating
       1. requirements.
   76. 264.195 Inspections.
   77. 264.196 Response to leaks or
       1. spills and disposition of leaking or unfit-for-use tank systems.
   78. 264.197 Closure and post-closure
       1. care.
   79. 264.198 Special requirements for
       1. ignitable or reactive waste.
   80. 264.199 Special requirements for
       1. incompatible wastes.
   81. 264.200 Air emission standards.

       Subpart K - Surface Impoundments.

   82. 264.220 Applicability.
   83. 264.221 Design and operating
       1. requirements.
   84. 264.222 Action leakage rate.
   85. 264.223 Response actions.

       264.224-264.225 [Reserved]

   86. 264.226 Monitoring and
       1. inspection.
   87. 264.227 Emergency repairs;
       1. contingency plans.
   88. 264.228 Closure and post-closure
       1. care.
   89. 264.229 Special requirements for
       1. ignitable or reactive waste.
   90. 264.230 Special requirements for
       1. incompatible wastes.
   91. 264.231 Special requirements for
       1. hazardous wastes F020, F021, F022, F023, F026,and F027.
   92. 264.232 Air emission standards.

       264.233-264.249 [Reserved] Subpart L - Waste Piles Sec.

   93. 264.250 Applicability.
   94. 264.251 Design and operating
       1. requirements.
   95. 264.252 Action leakage rate.
   96. 264.253 Response actions.
   97. 264.254 Monitoring and
       1. inspection.
   98. 263.255 [Reserved]
   99. 264.256 Special requirements for
       1. ignitable or reactive waste.
   100. 264.257 Special requirements for
        1. incompatible wastes.
   101. 264.258 Closure and post-closure
        1. care.
   102. 264.259 Special requirements for
        1. hazardous wastes F020, F021, F022, F023, F026, and F027.

        264.260-264.269 [Reserved] Subpart M - Land Treatment

   103. 264.270 Applicability.
   104. 264.271 Treatment program.
   105. 264.272 Treatment demonstration.
   106. 264.273 Design and operating
        1. requirements.

        264.274-264.275 [Reserved]

   107. 264.276 Food-chain crops.
   108. 264.277 [Reserved]
   109. 264.278 Unsaturated zone
        1. monitoring.
   110. 264.279 Recordkeeping.
   111. 264.280 Closure and post-closure
        1. care.
   112. 264.281 Special requirements for
        1. ignitable or reactive waste.
   113. 264.282 Special requirements for
        1. incompatible wastes.
   114. 264.283 Special requirements for
        1. hazardous wastes F020, F021, F022, F023, F026, and F027.

        264.284-264.299 (Reserved] Subpart N - Landfills

   115. 264.300 Applicability.
   116. 264.301 Design and operating
        1. requirements.
   117. 264.302 Action leakage rate.
   118. 264.303 Monitoring and
        1. inspection.
   119. 264.304 Response actions.

        264.305-264.308 [Reserved]

   120. 264.309 Surveying and
        1. recordkeeping.
   121. 264.310 Closure and post-closure
        1. care.
   122. 264.311 [Reserved]
   123. 264.312 Special requirements for
        1. ignitable or reactive waste.
   124. 264.313 Special requirements for
        1. incompatible wastes.
   125. 264.314 Special requirements for
        1. bulk and containerized liquids.
   126. 264.315 Special requirements for
        1. containers.
   127. 264.316 Disposal of small
        1. containers of hazardous waste in overpacked drums (lab packs).
   128. 264.317 Special requirements for
        1. hazardous wastes F020, F021, F022, F023, F026, and F027.

        264.318-264.339 [Reserved] Subpart O -Incinerators, Boilers and Industrial Furnaces

   129. 264.340 Applicability.
   130. 264.341 Waste analysis.
   131. 264.342 Risk based performance
        1. standards for hazardous constituents.
   132. 264.343 Performance standards to
        1. control particulate matter.
   133. 264.344 Performance standards to
        1. control emissions of metallic compounds.
   134. 264.345 Standards to control
        1. hydrogen chloride and chlorine gas emissions.
   135. 264.346 Permit standards for
        1. burners.
   136. 264.347 Regulation of residues.
   137. 264.348 Appendices I-XII

        264.349-264.399 [Reserved] Subparts P-R [Reserved] Subpart S - Corrective Action

   138. 264.552 Corrective Action
        1. Management Units (CAMU).
   139. 264.553 Temporary Units (TU).
   140. 264.554 Staging piles.

        Subparts T-V [Reserved] Subpart W - Drip Pads

   141. 264.570 Applicability.
   142. 264.571 Assessment of existing
        1. drip pad integrity.
   143. 264.572 Design and installation of
        1. new drip pads.
   144. 264.573 Design and operating
        1. requirements.
   145. 264.574 Inspections.
   146. 264.575 Closure.

        Subpart X - Miscellaneous Units

   147. 264.600 Applicability.
   148. 264.601 Environmental
        1. performance standards.
   149. 264.602 Monitoring, analysis,
        1. inspection, response, reporting, and corrective action.
   150. 264.603 Post-closure care.

        Subpart AA - Air Emission Standards for Process Vents Sec.

   151. 264.1030 Applicability.
   152. 264.1031 Definitions.
   153. 264.1032 Standards: Process vents.
   154. 264.1033 Standards: Closed-vent
        1. systems and control devices.
   155. 264.1034 Test methods and
        1. procedures.
   156. 264.1035 Recordkeeping
        1. requirements.
   157. 264.1036 Reporting requirements.

        264.1037-264.1049 [Reserved] Subpart BB - Air Emission Standards for Equipment Leaks

   158. 264.1050 Applicability.
   159. 264.1051 Definitions.
   160. 264.1052 Standards: Pumps in light
        1. liquid service.
   161. 264.1053 Standards: Compressors.
   162. 264.1054 Standards: Pressure relief
        1. devices in gas/vapor service.
   163. 264.1055 Standards: Sampling
        1. connecting systems.
   164. 264.1056 Standards: Open-ended
        1. valves or lines.
   165. 264.1057 Standards: Valves in
        1. gas/vapor service or in light liquid service.
   166. 264.1058 Standards: Pumps and
        1. valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors.
   167. 264.1059 Standards: Delay of
        1. repair.
   168. 264.1060 Standards: Closed-vent
        1. systems and control devices.
   169. 264.1061 Alternative standards for
        1. valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak.
   170. 264.1062 Alternative standards for
        1. valves in gas/vapor service or in light liquid service: skip period leak detection and repair.
   171. 264.1063 Test methods and
        1. procedures.
   172. 264.1064 Recordkeeping
        1. requirements.
   173. 264.1065 Reporting requirements.

        264.1066-264.1079 [Reserved] Subpart CC - Air Emission Standards for Tanks, Surface Impoundments, and Containers

   174. 264.1080 Applicability.
   175. 264.1081 Definitions.
   176. 264.1082 Standards: General.
   177. 264.1083 Waste determination
        1. procedures.
   178. 264.1084 Standards: Tanks.
   179. 264.1085 Standards: Surface
        1. impoundments.
   180. 264.1086 Standards: Containers.
   181. 264.1087 Standards: Closed-vent
        1. systems and control devices.
   182. 264.1088 Inspection and
        1. monitoring requirements.
   183. 264.1089 Recordkeeping
        1. requirements.
   184. 264.1090 Reporting requirements.
   185. 264.1091 [Reserved]

        Subpart DD - Containment Buildings

   186. 264.1100 Applicability.
   187. 264.1101 Design and operating
        1. standards.
   188. 264.1102 Closure and post-closure
        1. care.

        264.1103-264.1110 [Reserved] APPENDICES TO PART 264 APPENDIX I RECORDKEEPING INSTRUCTIONS APPENDICES II-III [RESERVED] APPENDIX IV COCHRAN'S APPROXIMATION TO THE BEHRENS- FISHER STUDENTS' T- TEST.

        APPENDIX V EXAMPLES OF POTENTIALLY INCOMPATIBLE WASTE APPENDIX VI POLITICAL JURISDICTIONS IN WHICH COMPLIANCE WITH § 264.18(a) MUST BE DEMONSTRATED APPENDICES VII-VIII [RESERVED] APPENDIX IX GROUND-WATER MONITORING LIST Subpart A - General §264.1 Purpose, scope and applicability.

(a) The purpose of this part is to establish minimum State standards which define the acceptable management of hazardous waste.

(b) The standards in this part apply to owners and operations of all facilities which treat, store, or dispose of hazardous waste, except as specifically provided otherwise in this part or Part 261 of these regulations.

(c) The requirements of this part apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act only to the extent they are included in a RCRA permit by rule granted to such a person under §

1. 100.21 of these regulations.

(d) The requirements of this part apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an Underground Injection Control (UIC) program approved or promulgated under the Safe Drinking Water Act only to the extent they are required by 40 CFR § 122.45 or § 100.23 of these regulations.

(e) The requirements of this part apply to the owner or operator of a POTW which treats, stores, or disposes of hazardous waste only to the extent they are included in a RCRA permit by rule granted to such a person under § 100.21 of these regulations.

(f) [Reserved] (g) The requirements of this part do not apply to:

1. (1) The owner or operator of a facility permitted, licensed, or registered by the State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this part by § 261.5 of these regulations.
   1. (2) The owner or operator of a facility managing recyclable materials described in § 261.6(a)(2), (3), and (4) of these regulations (except to the extent they are referred to in Part 279 or Subparts C, D, F, or G of Part 267 of these regulations).* *Note: Hazardous wastes burned in boilers and industrial furnaces are also subject to the requirements of Part 264, Subpart O and Part 265, Subpart H of these regulations.
      1. (3) A generator accumulating waste on-site in compliance with § 262.34 of these regulations.
         1. (4) A farmer disposing of waste pesticides from the farmer's own use in compliance with § 262.70 of these regulations; or (5) The owner or operator of a totally enclosed treatment facility, as defined in § 260.10.
         2. (6) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in § 260.10 of these regulations, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in § 268.40 of these regulations, Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in § 264.17(b).
         3. (7) [Reserved] (8)
         4. (i) Except as provided in paragraph (g)(8)(ii) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations:
         5. (A) A discharge of a hazardous waste;
         6. (B) An imminent and substantial threat of a discharge of hazardous waste;
         7. (C) A discharge of a material which, when discharged, becomes a hazardous waste.
         8. (ii) An owner or operator of a facility otherwise regulated by this part must comply with all applicable requirements of Subparts C and D.
         9. (iii) Any person who is covered by paragraph (g)(8)(i) of this section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this part.
         10. (iv) In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.
         11. (9) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of § 262.30 at a transfer facility for a period of ten days or less.
         12. (10) The addition of absorbent material to waste in a container (as defined in § 260.10 of these regulations) or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container, and §§ 264.17(b), 264.171, and 264.172 are complied with.
         13. (11) Universal waste handlers and universal waste transporters (as defined in § 260.10) handling the wastes listed below. These handlers are subject to regulation under Part 273 of these regulations, when handling the below listed universal wastes.
         14. (i) Batteries as described in § 273.2(a) of these regulations;
         15. (ii) Pesticides as described in § 273.2(b) of these regulations;
         16. (iii) Mercury-containing devices as described in § 273.2(c) of these regulations;
         17. (iv) Aerosol cans as described in § 273.2(d) of these regulations;
         18. (v) Lamps as described in § 273.2(e) of these regulations; and (vi) Electronic devices and electronic components as described in § 273.2(f) of these regulations.

(h)The requirements of this part apply to owners or operators of all facilities which treat, store, or dispose of hazardous wastes referred to in Part 268.

(i) Reserved (j) The requirements of subparts B, C, and D of this part and § 264.101 of these regulations do not apply to remediation waste management sites. (However, some remediation waste management sites may be a part of a facility that is subject to a traditional RCRA permit because the facility is also treating, storing or disposing of hazardous wastes that are not remediation wastes. In these cases, Subparts B, C, and D of this part, and § 264.101 of these regulations do apply to the facility subject to the traditional RCRA permit.) Instead of the requirements of subparts B, C, and D of this part, owners or operators of remediation waste management sites must: (1)Obtain an EPA identification number by applying to the Director using EPA Form 8700-12;

1. (2) Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis must contain all of the information which must be known to treat, store or dispose of the waste according to this part and Part 268 of these regulations, and must be kept accurate and up to date;
   1. (3) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the Director that:
      1. (i) Physical contact with the waste, structures, or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site; and (ii) Disturbance of the waste or equipment by people or livestock who enter onto the active portion of the remediation waste management site, will not cause a violation of the requirements of this part;
         1. (4) Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and must remedy the problem before it leads to a human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner/operator must take remedial action immediately;
         2. (5) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of this part, and on how to respond effectively to emergencies;
         3. (6) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive and incompatible waste;
         4. (7) For remediation waste management sites subject to regulation under subparts I through O and subpart X of this part, the owner/operator must design, construct, operate, and maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste by a 100-year flood, unless the owner/operator can meet the demonstration of § 264.18(b) of these regulations;
         5. (8) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave;
         6. (9) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles and landfill units that are required to comply with §§ 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d) at the remediation waste management site, according to the requirements of § 264.19 of these regulations;
         7. (10) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures must address proper design, construction, maintenance, and operation of remediation waste management units to minimize the possibility of, and the hazards from a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment. The plan must explain specifically how to treat, store and dispose of the remediation waste in question, and must describe the actions facility personnel will take in response to a fire, explosion, or release of hazardous waste or hazardous waste constituents. The facility must implement the plan immediately whenever a fire, explosion, or release of hazardous waste or hazardous waste constituents could threaten human health or the environment;
         8. (11) Designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan;
         9. (12) Develop, maintain and implement a plan to meet the requirements in paragraphs (j)(2) through (j)(6) and (j)(9) through (J)(10) of this section; and (13) Maintain records documenting compliance with paragraphs (j)(1) through (j)(12) of this section. (See § 264.73)

(k) An attached statement of basis and purpose for these regulations has been adopted by the Board of Health and is hereby incorporated by reference in these regulations pursuant to C.R.S. 1973,24- 4-103 §264.2 [Reserved] §264.3 Relationship to interim status standards.

A facility owner or operator who has fully complied with the requirements for interim status - as defined in section 3005(e) of RCRA [42 U.S.C. § 6925(e)] and regulations under § 100.20 of these regulations-must comply with the regulations specified in Part 265 of these regulations in lieu of the regulations in this part, until final administrative disposition of the permit application is made, except as provided under Part 264 Subpart S.

§264.4 Imminent hazard action.

Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to CRS 1973, 25-15-301(4)(a).

Subpart B - General Facility Standards §264.10 Applicability.

(a) The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as provided in § 264.1 and in paragraph (b) of this section.

(b) Section 264.18(b) applies only to facilities subject to regulation under Subparts I through O and Subpart X of this part §264.11 Identification number.

Every facility owner or operator must apply to the Department for an EPA identification number using EPA Form 8700-12. Upon receiving the request, the Department will forward an EPA assigned EPA Identification number to the Facility.

§264.12 Required notices.

(a)

1. (1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must notify the Regional Administrator in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.
   1. (2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to Part 262, Subpart H must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document must be maintained at the facility for at least three years.

(b) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) must inform the generator in writing that he/she has the appropriate permit(s) for, and will accept, the waste the generator is shipping. The owner or operator must keep a copy of this written notice as part of the operating record. (c)Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator must notify the new owner or operator in writing of the requirements of this part and Part 100 of these regulations. §264.13 General waste analysis.

(a)

1. (1) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or nonhazardous wastes if applicable under § 264.113(d), he/she must obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum this analysis must contain all the information which must be known to treat, store or dispose of the waste in accordance with the requirements of this part and Part 268 or with the conditions of a permit issued under Part 100 of these regulations.
   1. (2) The analysis may include data developed under Part 261 of these regulations, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.
      1. [Comment: For example, the facility's records of analysis performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the database required to comply with paragraph (a)(1) of this section. The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by paragraph (a)(1) of this section, except as otherwise specified in § 268.7(b) and (c) of these regulations. If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.] (3) The analysis must be repeated as necessary to ensure that it is accurate and up to date. At a minimum the analysis must be repeated:
         1. (i) When the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste, or non-hazardous wastes if applicable under § 264.113(d), has changed; and (ii) For off-site facilities, when the results of the inspection required in paragraph (a)(4) of this section indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.
         2. (4) The owner or operator of an off-site facility must inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

(b) The owner or operator must develop and follow a written waste analysis plan which describes the procedures which he/she will carry out to comply with paragraph (a) of this section. He/she must keep this plan at the facility. At a minimum, the plan must specify:

1. (1) The parameters for which each hazardous waste, or non-hazardous waste if applicable under § 264.113(d), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with paragraph (a) of this section);
   1. (2) The test methods which will be used to test for these parameters;
      1. (3) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:
         1. (i) One of the sampling methods described in Appendix I of Part 261 of these regulations; or (ii) An equivalent sampling method.
         2. (4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and (5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.
         3. (6) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in §§ 264.17, 264.314, 264.341, 264.l034(d), 264.1063(d), 264.1083, and 268.7 of these regulations.
         4. (7) For surface impoundments exempted from land disposal restrictions under § 268.4(a), the procedures and schedules for:
         5. (i) The sampling of impoundment contents;
         6. (ii) The analysis of test data; and;
         7. (iii) The annual removal of residues which are not delisted under § 260.22 of these regulations or which exhibit a characteristic of hazardous waste and either:
         8. (A) Do not meet applicable treatment standards of Part 268, Subpart D; or (B)Where no treatment standards have been established:

            (1)Such residues are prohibited from land disposal under § 268.32 or RCRA section 3004(d) [42 U.S.C. § 6924(d)]; or (2) Such residues are prohibited from land disposal under § 268.33(f).

         9. (8) For owners and operators seeking an exemption to die air emission standards of Subpart CC in accordance with § 264.1082:
         10. (i) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verity the exemption.
         11. (ii) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from offsite, that is used as the basis for knowledge of the waste.

(c) For off-site facilities, the waste analysis plan required in paragraph (b) of this section must also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:

1. (1) The procedures which will be used to determine the identity of each movement of waste managed at the facility; and (2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.
   1. (3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container. §264.14 Security.

(a) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of his/her facility, unless he/she can demonstrate to the Department that:

1. (1) Physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility, and (2) Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this part.

(b) Unless the owner or operator has made a successful demonstration under paragraph (a)(1) and (a)(2) of this section, a facility must have:

1. (1) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or (2)
   1. (i) An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and (ii) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).

(c) Unless the owner or operator has made a successful demonstration under paragraphs (a)(1) and (a)

1. (2) of this section, a sign with the legend, “Danger-Unauthorized Personnel Keep Out”, must be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend must be written in English and in any other language predominant in the area surrounding the facility and must be legible from a distance of at least 25 feet. Existing signs with a legend other than “Danger- Unauthorized Personnel Keep Out” may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

§264.15 General inspection requirements.

(a) The owner or operator must inspect his/her facility for malfunctions and deterioration, operator errors, and discharges which may be causing--or may lead to--(l1) release of hazardous waste constituents to the environment or (2) a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.

(b)

1. (1) The owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.
   1. (2) He/she must keep this schedule at the facility.
      1. (3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
         1. (4) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies called for in §§ 264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of this part, where applicable.

(c) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(d) The owner or operator must record inspections in an inspection log or summary. He/she must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions. §264.16 Personnel training.

(a)

1. (1) Facility personnel must successfully complete a program of classroom instruction and on-the- job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this part. The owner or operator must ensure that this program includes all the elements described in the document required under paragraph (d)(3) of this section.
   1. (2) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
      1. (3) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:
         1. (i) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
         2. (ii) Key parameters for automatic waste feed cut-off systems;
         3. (iii) Communications or alarm systems;
         4. (iv) Response to fires or explosions;
         5. (v) Response to ground-water contamination incidents;
         6. (vi) Shutdown of operations; and (vii) Facility contingency plan.

(b) Facility personnel must successfully complete the program required in paragraph (a) of this section within six months after the date of their employment or assignment to a facility, or to a new position at a facility. Employees must not work in unsupervised positions until they have completed the training requirements of paragraph (a) of this section.

(c) Facility personnel must take part in an annual review of the initial training required in paragraph (a) of this section.

(d) The owner or operator must maintain the following documents and records at the facility:

1. (1) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
   1. (2) A written job description for each position listed under paragraph (d)(1) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position;
      1. (3) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (d)(1) of this section;
         1. (4) Records that document that the training or job experience required under paragraphs (a), (b), and (c) of this section has been given to, and completed by, facility personnel.

(e) Training records on current personnel must be kept until closure of the facility; training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

§264.17 General requirements for ignitable, reactive, or incompatible wastes.

(a) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to: open flames, smoking cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(b) Where specifically required by other Sections of this Part, the owner or operator of a facility that treats, stores or disposes of ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, must take precautions to prevent reactions which:

1. (1) Generate extreme heat or pressure, fire or explosions, or violent reactions;
   1. (2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;
      1. (3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
         1. (4) Damage the structural integrity of the device or facility;
         2. (5) Through other like means threaten human health or the environment.

(c) When required to comply with paragraph (a) or (b) of this section, the owner or operator must document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in § 264.13), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions. §264.18 Installation standards.

(a) Seismic considerations.

1. (1) Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted must not be located within 1000 feet of a fault which has had displacement in Holocene time.
   1. (2) As used in paragraph (a)(1) of this section:
      1. (i) “Fault” means a fracture along which rocks on one side have been displaced with respect to those on the other side.
         1. (ii) “Displacement” means the relative movement of any two sides of a fault measured in any direction.
         2. (iii) “Holocene” means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene to the present.

(b) Floodplains.

1. (1) A treatment or storage facility and an existing disposal facility located in a 100-year floodplain must be designed, constructed, operated, maintained, and closed when applicable, to prevent washout of any hazardous waste by a 100-year flood;
   1. (2) New facilities for disposal shall not be located within the 100-year floodplain.
      1. (3) As used in paragraphs (b)(1) and (2) of this Section: (i)“100-year floodplain” means any land area which is subject to a one percent or greater chance of flooding in any given year from any source.
         1. (ii) “Washout” means the movement of hazardous waste from the active portion of the facility as a result of flooding.
         2. (iii) “100-year flood” means a flood that has a one percent chance of being equaled or exceeded in any given year.

(c) Salt dome formations, salt bed formations, underground mines and caves. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.

(d) Hazardous waste disposal facilities shall not place wastes directly under or into surface water or groundwater that has a potential or existing beneficial use or that is in direct communication with an aquifer, unless said disposal is accomplished pursuant to a UIC permit. §264.19 Construction quality assurance program.

(a) CQA program.

1. (1) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile, and landfill units that are required to comply with §§ 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d). The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a CQA officer who is a registered professional engineer.
   1. (2)The CQA program must address the following physical components, where applicable:
      1. (i) Foundations;
         1. (ii) Dikes;
         2. (iii) Low-permeability soil liners;
         3. (iv) Geomembranes (flexible membrane liners);
         4. (v) Leachate collection and removal systems and leak detection systems; and (vi) Final cover systems.

(b) Written CQA plan. The owner or operator of units subject to the CQA program under paragraph (a) of this section must develop and implement a written CQA plan. The plan must identify steps the will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must include:

1. (1) Identification of applicable units, and a description of how they will be constructed, (2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.
   1. (3) A description of inspection and sampling activities for all unit components identified in paragraph (a)(2) of this section, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover: Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under § 264.73.

(c) Contents of program.

1. (1) The CQA program must include observations, inspections, tests, and measurements sufficient to ensure:
   1. (i) Structural stability and integrity of all components of the unit identified in paragraph (a) (2) of this section;
      1. (ii) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;
         1. (iii) Conformity of all materials used with design and other material specifications under §§ 264.221, 264.251, and 264.301.
         2. (2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of §§ 264.221(c)(l)(i)(B), 264.251(c)(l)(i)(B), and 264.301(c)(l)(i)(B) in the field. Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The Department may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of §§ 264.221(c)(l)(i)(B), 264.251(c)(l)(i)(B), and 264.301(c)(l)(i)(B) in the field.

(d) Certification. Waste shall not be received in a unit subject to § 264.19 until the owner or operator has submitted to the Department by certified mail or hand delivery a certification signed by the CQA officer that the approved CQA plan has been successfully carried out and that the unit meets the requirements of §§ 264.221(c) or (d), 264.251(c) or (d), or 264.301(c) or (d); and the procedure in § 100.42(l)(2)(ii) of these regulations has been completed. Documentation supporting the CQA officer's certification must be furnished to the Department upon request. Subpart C - Preparedness and Prevention §264.30 Applicability.

The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as § 264.1 provides otherwise.

§264.31 Design and operation of facility.

(a) Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, surface or ground water which could threaten human health or the environment.

(b) Facilities which are not provided with fire protection services by a fire protection district or municipal fire department must be designed, constructed, maintained and operated in accordance with a plan for providing their own fire protection and prevention which has been approved by the Department and which meets the following requirements:

1. (1) The plan shall provide for adequate fire protection and prevention for the facility based upon the location and construction of the facility, and based upon the kinds and amounts of hazardous wastes generated, treated, stored, or disposed of at the facility.
   1. (2) The plan shall specify the required equipment and the required availability and training of facility personnel.
      1. (3) The plan shall be based upon the provisions of the Uniform Fire Code, the National Fire Code, the Uniform Building Code, and 29 CFR, Chapter xvii, part 1910, subpart L, Fire Protection.
         1. (4) Before submitting the plan to the Department for review, the facility shall have the plan reviewed and approved by a registered professional engineer experienced in fire protection.
         2. (5) The approved plan shall become a part of the facility's contingency plan when a contingency plan is required.

§264.32 Required equipment.

All facilities must be equipped with the following, unless it can be demonstrated to the Department that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:

1. (a) An internal communications of alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
   1. (b) A device, such as a telephone (immediately available at the scene of operations) or a hand- held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
      1. (c) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and (d) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems. §264.33 Testing and maintenance of equipment.

All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

§264.34 Access to communications or alarm system.

(a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Department has ruled that such a device is not required under § 264.32.

(b) If there is ever just one employee on the premises while the facility is operating, he/she must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Department has ruled that such a device is not required under § 264.32. §264.35 Required aisle space.

The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the Department that aisle space is not needed for any of these purposes.

§264.36 [Reserved] §264.37 Arrangements with local authorities.

(a) The owner or operator must attempt to make the following arrangements, as appropriate for the type of waste handled at his/her facility and the potential need for the services of these organizations:

1. (1) Arrangements to familiarize police, fire departments, local departments of health, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazard laces where facility personnel would normally be working, entrances to and roads side the facility, and possible evacuation routes;
   1. (2) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
      1. (3) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and (4) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

(b)Where State or local authorities decline enter into such arrangements, the owner or operator must document the refusal in the operating record and comply with § 264.31(b). Subpart D - Contingency Plan and Emergency Procedures §264.50 Applicability.

The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as § 264.1 provides otherwise.

§264.51 Purpose and implementation of contingency plan.

(a) Each owner or operator must have a contingency plan for his/her facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste constituents to air, soil, surface or ground water.

(b) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

§264.52 Content of contingency plan.

(a) The contingency plan must describe the actions facility personnel must take to comply with §§ 264.51 and 264.56 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, surface or ground water at the facility.

(b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures

1. (SPCC) Plan in accordance with 40 CFR, Chapter I Part 112, or 40 CFR, Chapter V Part 1510, or some other emergency or contingency plan, he/she need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this Part.

(c) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to § 264.37.

(d) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see § 264.55), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. For new facilities, this information must be supplied to the Department at the time of certification, rather than at the time of permit application.

(e) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.

(f) The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

§264.53 Copies of contingency plan.

A copy of the contingency plan and all revisions to the plan must be:

1. (a) Maintained at the facility; and, (b) Submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services. §264.54 Amendment of contingency plan.

The contingency plan must be reviewed, and immediately amended, if necessary, whenever

1. (a) The facility permit is revised;
   1. (b) The plan fails in an emergency, (c) The facility changes-in its design, construction, operation, maintenance, or other circumstances-in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency, (d) The list of emergency coordinators changes; or (e) The list of emergency equipment changes.

§264.55 Emergency coordinator.

At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a specified period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.

§264.56 Emergency procedures.

(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the emergency coordinator's designee when the emergency coordinator is on call) must immediately:

1. (1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and (2) Notify appropriate State or local agencies with designated response roles as described in the contingency plan.

(b) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.

(c) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).

(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, he/she must report his/her findings as follows:

1. (1) If his/her assessment indicates that evacuation of local areas may be advisable, he/she must immediately notify appropriate local authorities. He/she must be available to help appropriate officials decide whether local areas should be evacuated; and (2) He/she must immediately notify either the government official designated as the on-scene coordinator for that geographical area, (in the applicable regional contingency plan under Part 1510 of 40 CFR) or the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include:
   1. (i) Name and telephone number of reporter;
      1. (ii) Name and address of facility, (iii) Time and type of incident (e.g., release, fire);
         1. (iv) Name and quantity of material(s) involved, to the extent known;
         2. (v) The extent of injuries, if any, and (vi) The possible hazards to human health, or the environment, outside the facility.

(e) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.

(f) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(g) Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

(h) The emergency coordinator must ensure that, in the affected area(s) of the faculty:

1. (1) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and (2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

(i) The owner or operator must notify the Department, and appropriate local authorities, that the facility is in compliance with paragraph (h) of this section before operations are resumed in the affected area(s) of the facility.

(j) The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he/she must submit a written report on the incident to the Department. The report must include:

1. (1) Name, address, and telephone number of the owner or operator;
   1. (2) Name, address, and telephone number of the facility;
      1. (3) Date, time, and type of incident (e.g., fire, explosion);
         1. (4) Name and quantity of material(s) involved;
         2. (5) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and (6) Estimated quantity and disposition of recovered material that resulted from the incident. Subpart E-Manifest System, Recordkeeping, and Reporting §264.70 Applicability.

The regulations in this subpart apply to owners and operators of both on-site and off-site facilities, except as § 264.1 provides otherwise. Sections 264.71,264.72, and 264.76 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources. Section 264.73(bX9) only applies to permittees who treat, store or dispose of hazardous wastes on-site where such wastes were generated.

§264.71 Use of manifest system.

(a) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or his/her agent, must:

1. (1) Sign and date each copy of the manifest to certify that the hazardous waste covered by the manifest was received;
   1. (2) Note any significant discrepancies in the manifest (as defined in § 264.72(a)) on each copy of the manifest;
      1. (3) Immediately give the transporter at least one copy of the signed manifest; (4)Within 30 days after the delivery, send a copy of the manifest to the generator, and (5) Retain at the facility a copy of each manifest for at least three years from the date of delivery.

(b) If a faculty receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), me owner or operator, or his/her agent, must:

1. (1) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper -was received;
   1. (2) Note any significant discrepancies (as defined in § 264.72(a)) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper.
      1. (3) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);
         1. (4) Within 30 days after the delivery, send a copy of the signed and dated manifest to the generator, however, if the manifest has not been received within 30 days after delivery, the owner or operator, or his/her agent, must send a copy of the shipping paper signed and dated to the generator; and (5) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.

(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of Part 262 of these regulations.

(d) Within three working days of the receipt of a shipment subject to Part 262, Subpart H, the owner or operator of the facility must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document must be maintained at (the facility for at least three years from the date of signature. §264.72 Manifest discrepancies.

(a) Manifest discrepancies are differences between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a faculty actually receives. Significant discrepancies in quantity are:

1. (1) For bulk waste, variations greater than 10 percent in weight, and (2) for batch waste, any variation in piece count such as a discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid, or toxic constituents not reported on the manifest or shipping paper.

(b) Upon discovering a significant discrepancy, the owner or operator must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If die discrepancy is not resolved within 15 days after receiving the waste, the owner or operator must immediately submit to the Department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. §264.73 Operating record.

(a) The owner or operator must keep a written operating record at his/her facility.

(b) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility:

1. (1) A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment, storage, or disposal at the facility as required by Appendix I;
   1. (2) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste must be recorded on a map or diagram of each cell or disposal area using a three-dimensional grid system. For all facilities, this information must include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest;
      1. (3) Records and results of waste analyses and waste determinations performed as specified in §§ 264.13, 264.17,264.314,264.341,264.1034,264.1063,264.1083,268.4(a), and 268.7 of these regulations.
         1. (4) Summary reports and details of all incidents that require implementing the contingency plan as specified in § 264.56(j);
         2. (5) Records and results of inspections as required by § 264.15(d) (except these data need be kept only three years);
         3. (6) Monitoring, testing or analytical data, and corrective action where required by Subpart F of this part and §§ 264.19, 264.191,264.193, 264.195,264.222, 264.223,264.226, 264.252 through 264.254,264.276, 264.278,264.280, 264.302 through 264.304, 264.309,264.347, 264.602,264.1034(c) through 264.1034(f), 264.1035, 264.1063(d) through 264.1063(i), 264.1064, and 264.1082 through 264.1090 of this part.
         4. (7) For off-site facilities, notices to generators as specified in § 264.12(b); and (8) All closure cost estimates under § 266.12, and, for disposal facilities, all post-closure cost estimates under § 266.13.
         5. (9) A certification by the permittee no less often than annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that he/she generates to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment.
         6. (10) Records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to 40 CFR § 268.5, a petition pursuant to 40 CFR § 268.6, or a certification under 40 CFR § 268.8, and the applicable notice required by a generator under § 268.7(a);
         7. (11) For an off-site treatment facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator under § 268.7 or 40 CFR § 268.8;
         8. (12) For an on-site treatment facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator under § 268.7 or 40 CFR § 268.8;
         9. (13) For an off-site land disposal facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under § 268.7 or 40 CFR § 268.8, whichever is applicable: and (14) For an on-site land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under § 268.7, except for the manifest number, and the certification and demonstration if applicable, required under 40 CFR § 268.8, whichever is applicable.
         10. (15) For an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or owner or operator under § 268.7 or 40 CFR § 268.8; and (16) For an on-site storage facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or owner or operator under § 268.7 or 40 CFR § 268.8.
         11. (17) Any records required under § 264.1(j)(13) of these regulations. §264.74 Availability, retention, and disposition of records.

(a) All records, including plans, required under this part must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of CDPHE who is duly designated by the Director.

(b) The retention period for all records required under this part is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Department.

(c) A copy of records in waste disposal locations and quantities under § 264.73(b)(2) must be submitted to the Department and local land authority upon closure of the facility. §264.75 Biennial report.

The owner or operator must prepare and submit a single copy of a biennial report to the Department, by March 1 of each even numbered year or upon the Director's request. The biennial report must be used submitted on Department form 8700-13B. The report must cover facility activities during the previous calendar year and must include the following information:

1. (a) The EPA identification number, name, and address of the facility;
   1. (b) The calendar year covered by the report;
      1. (c) For off-site facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report must give the name and address of the foreign generator;
         1. (d) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities, this information must be listed by EPA identification number of each generator;
         2. (e) The method of treatment, storage, or disposal for each hazardous waste;
         3. (f) [Reserved] (g) The most recent closure cost estimate under § 266.12, and, for disposal facilities, the most recent post-closure cost estimate under § 266.13; and (h) For generators who treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
         4. (i) For generators who treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984.
         5. (j) The certification signed by the owner or operator of the facility or his/her authorized representative.

§264.76 Unmanifested waste report.

If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in § 263.20(e)(2) of these regulations, and if the waste is not excluded from the manifest requirement by § 261.5 of these regulations, then the owner or operator must prepare and submit a single copy of a report to the Department within 15 days after receiving the waste. The unmanifested waste report must be submitted on Department form 8700-13B. Such report must be designated “Unmanifested Waste Report” and include the following information:

1. (a) The EPA identification number, name, and address of the facility;
   1. (b) The date the facility received the waste;
      1. (c) The EPA identification number, name, and address of the generator and the transporter, if available;
         1. (d) A description and the quantity of each unmanifested hazardous waste and facility received;
         2. (e) The method of treatment, storage, or disposal for each hazardous waste;
         3. (f) The certification signed by the owner or operator of the facility or his/her authorized representative; and (g) A brief explanation of why the waste was unmanifested, if known. §264.77 Additional reports In addition to submitting the biennial report and unmanifested waste reports described in §§ 264.75 and 264.76, the owner or operator must also report to the Department:
         4. (a) Releases, fires, and explosions as specified in § 264.56(j);
         5. (b) Facility closures specified in § 264.115;
         6. (c) As otherwise required by Subparts F, K through N, AA, BB, and CC of this part; and (d) Annual report information for the purpose of assessing facility annual fees in accordance with § 100.31 of these regulations.

Subpart F - Ground Water Protection §264.90 Applicability.

(a)

1. (l) Except as provided in paragraph (b) of this section, the regulations in this subpart apply to owners or operators of facilities that treat, store, or dispose of hazardous waste. The owner or operator must satisfy the requirements identified in paragraph (a)(2) of this section for all wastes (or constituents thereof) contained in solid waste management units at the facility, regardless of the time at which waste was placed in such units.
   1. (2) All solid waste management units must comply with the requirements in § 264.101. A surface impoundment, waste pile, and land treatment unit or landfill that receives hazardous waste after July 26, 1982 (hereinafter referred to as a “regulated unit”) must comply with the requirements of §§ 264.91 through 264.100 in lieu of § 264.101 for purposes of detecting, characterizing and responding to releases to the uppermost aquifer. The financial responsibility requirements of § 264.101 apply to regulated units.

(b) The owner or operator's regulated unit or units are not subject to regulation for releases into the uppermost aquifer under this subpart if:

1. (1) The owner or operator is exempted under § 264.1; or (2) The owner or operator operates a unit which the Department finds:
   1. (i) Is an engineered structure, (ii) Does not receive or contain liquid waste or waste containing free liquids, (iii)Is designed and operated to exclude liquid, precipitation, and other run-on and run-off, (iv) Has both inner and outer layers of containment enclosing the waste, (v) Has a leak detection system built into each containment layer, (vi) The owner or operator will provide continuing operation and maintenance of these leak detection systems during the active life of the unit and the closure and post- closure care periods, and (vii) To a reasonable degree of certainty, will not allow hazardous constituents to migrate beyond the outer layer of the containment prior to the end of the post-closure care period.
      1. (3) The Department finds, pursuant to § 264.280(d), that the treatment zone of a land treatment unit that qualifies as a regulated unit does not contain levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of § 264.278 has not shown a statistically significant increase in hazardous constituents below the treatment zone during the operating life of the unit. An exemption under this paragraph can only relieve an owner or operator of responsibility to meet the requirements of this subpart during the post-closure care period; or (4) The Department finds that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit (including the closure period) and the post-closure care period specified under § 264.117. This demonstration must be certified by a qualified geologist or geotechnical engineer. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator must base any predictions made under this paragraph on assumptions that maximize the rate of liquid migration.
         1. (5) The owner or operator designs and operates a pile in compliance with § 264.250(c).

(c) The regulations under this subpart apply during the active life of the regulated unit (including the closure period). After closure of the regulated unit, the regulations in this subpart:

1. (1) Do not apply if all waste, waste residues, contaminated containment system components, and contaminated subsoils are removed or decontaminated at closure;
   1. (2) Apply during the post-closure care period under § 264.117 if the owner or operator is conducting a detection monitoring program under § 264.98; or (3) Apply during the compliance period under § 264.96 if the owner or operator is conducting a compliance monitoring program under § 264.99 or a corrective action program under § 264.100.

(d) Regulations in this subpart may apply to miscellaneous units when necessary to comply with §§

1. 264.601 through 264.603.

(e) The regulations of this subpart apply to all owners and operators subject to the requirements of § 100.10(d) of these regulations, when theDepartment issues either a post-closure permit or an enforceable document (as defined in § 100.10(d)) at the facility. When the Department issues an enforceable document, references in this subpart to “in the permit” mean “in the enforceable document.”

(f) The Director may replace all or part of the requirements of §§ 264.91 through 264.100 applying to a regulated unit with alternative requirements for groundwater monitoring and corrective action for releases to groundwater set out in the permit (or in an enforceable document) (as defined in § 100.10(d)) where the Director determines that:

1. (1) The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release; and (2) It is not necessary to apply the groundwater monitoring and corrective action requirements of §§ 264.91 through 264.100 because alternative requirements will protect human health and the environment.

§264.91 Required programs.

(a) Owners and operators subject to this subpart must conduct a monitoring and response program as follows:

1. (1) Whenever hazardous constituents under § 264.93 from a regulated unit are detected at a compliance point under § 264.95, the owner or operator must institute a compliance monitoring program under § 264.99. Detected is defined as statistically significant evidence of contamination as described in § 264.98(f);
   1. (2) Whenever the ground-water protection standard under § 264.92 is exceeded, the owner or operator must institute a corrective action program under § 264.100. Exceeded is defined as statistically significant evidence of increased contamination as described in § 264.99(d);
      1. (3) Whenever hazardous constituents under § 264.93 from a regulated unit exceed concentration limits under § 264.94 in ground water between the compliance point under § 264.95 and the downgradient facility property boundary, the owner or operator must institute a corrective action program under § 264.100; or (4) In all other cases, the owner or operator must institute a detection monitoring program under § 264.98.

(b) The Department will specify in the facility permit the specific elements of the monitoring and response program. The Department may include one or more of the programs identified in paragraph (a) of this section in the facility permit as may be necessary to protect human health and the environment and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the Department will consider the potential adverse effects on human health and the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken. §264.92 Ground-water protection standard.

The owner or operator must comply with conditions specified in the facility permit that are designed to ensure that hazardous constituents under § 264.93 detected in the ground water from a regulated unit do not exceed the concentration limits under § 264.94 in the uppermost aquifer underlying the waste management area beyond the point of compliance under § 264.95 during the compliance period under § 264.96. The Department will establish this ground-water protection standard in the facility permit when hazardous constituents have been detected in the ground water from a regulated unit. §264.93 Hazardous Constituents.

(a) The Department will specify in the facility permit the hazardous constituents to which the ground- water protection standard of § 264.92 applies. Hazardous constituents are constituents identified in Appendix VIII of Part 261 of these regulations that have been detected in ground water in the uppermost aquifer underlying a regulated unit and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless the Department has excluded them under paragraph (b) of this section.

(b) The Department will exclude an Appendix VIII constituent from the list of hazardous constituents specified in the facility permit if he/she finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the Department will consider the following:

1. (1) Potential adverse effects on ground-water quality, considering:
   1. (i) The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;
      1. (ii) The hydrogeological characteristics of the facility and surrounding land;
         1. (iii) The quantity of ground water and the direction of ground-water flow, (iv) The proximity and withdrawal rates of ground-water users;
         2. (v) The current and future uses of ground-water in the area;
         3. (vi) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality;
         4. (vii) The potential for health risks caused by human exposure to waste constituents;
         5. (viii) The potential damage to wildlife,, crops, vegetation, and physical structures caused by exposure to waste constituents;
         6. (ix) The persistence and permanence of the potential adverse effects; and (2) Potential adverse effects on hydraulically-connected surface water quality, considering;
         7. (i) The volume and physical and chemical characteristics of the waste in the regulated unit;
         8. (ii) The hydrogeological characteristics; of the facility and surrounding land;
         9. (iii) The quantity and quality of ground water, and the direction of ground-water flow, (iv) The patterns of rainfall in the region;
         10. (v) The proximity of the regulated unit to surface waters;
         11. (vi) The current and future uses of surface waters in the area and any water quality standards established for those surface waters;
         12. (vii) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality, (viii) The potential for health risks caused by human exposure to waste constituents;
         13. (ix) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and (x) The persistence and permanence of the potential adverse effects.

(c) In making any determination under paragraph (b) of this section about the use of ground water in the area around the facility, the Department will consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR § 144.7. §264.94 Concentration limits.

(a) The Department will specify in the facility permit concentration limits in the ground water for hazardous constituents established under § 264.93. The concentration of a hazardous constituent:

1. (1) Must not exceed the background level of that constituent in the ground water at the tune that limit is specified in the permit; or (2) For any of the constituents listed in Table 1, must not exceed the respective value given in that Table if the background level of the constituent is below the value given in Table 1; or (3) Must not exceed an alternate limit established by the Department under paragraph (b) of this section.
   1. Table 1 -- Maximum Concentration of Constituents for Ground-water Protection Constituent 1 Maximum concentration Arsenic 0.05 Barium 1.0 Cadmium 0.01 Chromium 0.05 Lead 0.05 Mercury 0.002 Selenium 0.01 Silver 0.05 Endrin (1,2,3,4,10,10- 0.0002 hexachloro-1,7-epoxy- 1,4,4a,5,6,7,8,9a- octahydro-1, 4-endo, endo-5,8-dimethano naphthalene)

      Lindane (1,2,3,4,5,6- 0.004 hexachlorocyclohexane, gamma isomer)

      Methoxychlor (1,1,1- 0.1 Trichloro-2,2-bis (p- methoxyphenylethane)

      Toxaphene (Cl0H10Cl4, 0.005 Technical chlorinated camphene, 67-69 percent chlorine)

      2,4-D (2,4- 0.1 Dichlorophenoxyacetic acid)

      2,4,5-TP Silvex (2,4,5- 0.01 Trichlorophenoxyprcpion ic acid)

1Milligrams per liter.

(b) The Director will establish an alternate concentration limit for a hazardous constituent if he/she finds that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the Director will consider the following factors:

1. (1) Potential adverse effects on ground-water quality considering:
   1. (i) The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;
      1. (ii) The hydrogeological characteristics of the facility and surrounding land;
         1. (iii) The quantity of ground water and the direction of ground-water flow, (iv)The proximity and withdrawal rates of ground water users;
         2. (v) The current and future uses of ground water in the area;
         3. (vi) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality;
         4. (vii) The potential for health risks caused by human exposure to waste constituents;
         5. (viii) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;
         6. (ix) The persistence and permanence of the potential adverse effects; and (2) Potential adverse effects on hydraulically-connected surface-water quality, considering:
         7. (i) The volume and physical and chemical characteristics of the waste in the regulated unit;
         8. (ii) The hydrogeological characteristics of the facility and surrounding land;
         9. (iii) The quantity and quality of ground water, and the direction of ground-water flow, (iv) The patterns of rainfall in the region;
         10. (v) The proximity of the regulated unit to surface waters;
         11. (vi) The current and future uses of surface waters in the area and any water quality standards established for those surface waters;
         12. (vii) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality, (viii) The potential for health risks caused by human exposure to waste constituents;
         13. (ix) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and (x) The persistence and permanence of the potential adverse effects.

(c) In making any determination under paragraph (b) of this section about the use of ground water in the area around the facility the Department will consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR § 122.35. §264.95 Point of compliance.

(a) The Department will specify in the facility permit the point of compliance at which the ground-water protection standard of § 264.92 applies and at which monitoring must be conducted. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units.

(b) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit.

1. (1) The waste management area includes horizontal space taken up by any liner, dike, or other barrier designed to contain waste in a regulated unit.
   1. (2) If the facility contains more than one regulated unit, the waste management area is described by an imaginary line circumscribing the several regulated units. §264.96 Compliance period.

(a) The Department will specify in the facility permit the compliance period during which the ground-water protection standard of § 264.92 applies. The compliance period is the number of years equal to the active life of the waste management area (including any waste management activity prior to permitting, and the closure period.)

(b) The compliance period begins when the owner or operator initiates a compliance monitoring program meeting the requirements of § 264.99.

(c) If the owner or operator is engaged in a corrective action program at the end of the compliance period specified in paragraph (a) of this section, the compliance period is extended until the owner or operator can demonstrate that the ground-water protection standard of § 264.92 has not been exceeded for a period of three consecutive years.

§264.97 General ground-water monitoring requirements.

The owner or operator must comply with the following requirements for any ground-water monitoring program developed to satisfy § 264.98, § 264.99, or § 264.100:

1. (a) The ground-water monitoring system must consist of a sufficient number of wells, installed at appropriate locations and depths to yield ground-water samples from the uppermost aquifer that:
   1. (1) Represent the quality of background water that has not been affected by leakage from a regulated unit;
      1. (i) A determination of background quality may include sampling of wells that are not hydraulically upgradient of the waste management area where:
         1. (A) Hydrogeologic conditions do not allow the owner or operator to determine what wells are hydraulically upgradient; and (B) Sampling at other wells will provide an indication of background ground-water quality that is representative or more representative than that provided by the upgradient wells; and (2) Represent the quality of ground water passing the point of compliance.
         2. (3) Allow for the detection of contamination when hazardous waste or hazardous constituents have migrated from the waste management area to the uppermost aquifer.
         3. (b) If a facility contains more than one regulated unit, separate ground-water monitoring systems are not required for each regulated unit provided that provisions for sampling the ground water in the uppermost aquifer will enable detection and measurement at the compliance point of hazardous constituents from the regulated units that have entered the ground water in the uppermost aquifer.
         4. (c) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring- well bore hole. This casing must be screened or perforated and packed with gravel or sand, where necessary, to enable collection of ground-water samples. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth must be sealed to prevent contamination of samples and the ground water.
         5. (d) The ground-water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of ground-water quality below the waste management area. At a minimum the program must include procedures and techniques for:
         6. (1) Sample collection;
         7. (2) Sample preservation and shipment;
         8. (3) Analytical procedures; and (4) Chain of custody control.
         9. (e) The ground-water monitoring program must include sampling and analytical methods that are appropriate for ground-water sampling and that accurately measure hazardous constituents in ground-water samples.
         10. (f) The ground-water monitoring program must include a determination of the ground-water surface elevation each time ground water is sampled.
         11. (g) In detection monitoring or where appropriate in compliance monitoring, data on each hazardous constituent specified in the permit will be collected from background wells and wells at the compliance point(s). The number and kinds of samples collected to establish background shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that a contaminant release to ground water from a facility will be detected. The owner or operator will determine an appropriate sampling procedure and interval for each hazardous constituent listed in the facility permit which shall be specified in the unit permit upon approval by the Department. This sampling procedure shall be:
         12. (1) A sequence of at least four samples, taken at an interval that assures, to the greatest extent technically feasible, that an independent sample is to be obtained, by reference to the uppermost aquifer's porosity, hydraulic conductivity, and hydraulic gradient, and the fate and transport characteristics of the potential contaminants, or (2) An alternative sampling procedure proposed by the owner or operator and approve by the Department.
         13. (3) In developing the data base used to determine a background value for each parameter or constituent, the owner or operator must take a minimum of one sample from each well and a minimum of four samples from the entire system used to determine background ground-water quality, each time the system is sampled.
         14. (h) The owner or operator will specify one of the following statistical methods to be used in evaluation ground-water monitoring data for each hazardous constituent which, upon approval by the Department, will be specified in the unit permit. The statistical test chosen shall be conducted separately for each hazardous constituent in each well. Where practical quantification limits (pql's) are used in any of the following statistical procedures to comply with § 264.97(i)(5), the pql must be proposed by the owner or operator and approved by the Department. Use of any of the following statistical methods must be protective of human health and the environment and must comply with the performance standards outlined in paragraph (i) of this section.
         15. (1) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent.
         16. (2) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent.
         17. (3) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit.
         18. (4) A control chart approach that gives control limits for each constituent.
         19. (5) Another statistical test method submitted by the owner or operator and approved by the Department.
         20. (i) Any statistical method chosen under § 264.97(h) for specification in the unit permit shall comply with the following performance standards, as appropriate:
         21. (1) The statistical method used to evaluate ground-water monitoring data shall be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of the chemical parameters or hazardous constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data should be transformed or a distribution-free theory test should be used. If the distributions for the constituents differ, more than one statistical test may be needed.
         22. (2) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a ground-water protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experimentwise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than
         23. 0.01 for individual well comparisons must be maintained. This performance

             standard does not apply to tolerance intervals, prediction intervals or control charts.

         24. (3) If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values shall be proposed by the owner or operator and approved by the Department if the Department finds it to be protective of human health and the environment.
         25. (4) If the tolerance interval or a prediction interval is used to evaluate ground water monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be proposed by the owner or operator and approved by the Department if the Department finds these parameters to be protective of human health and the environment. These parameters will be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.
         26. (5) The statistical method shall account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any practical quantification limit (pql) approved by the Department under § 264.97(h) that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility.
         27. (6) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.
         28. (j) Ground-water monitoring data collected in accordance with paragraph (g) of this section including actual levels of constituents must be maintained in the facility operating record. The Department will specify in the permit when the data must be submitted for review. §264.98 Detection monitoring program.

An owner or operator required to establish a detection monitoring program under this subpart must, at a minimum, discharge the following responsibilities:

1. (a) The owner or operator must monitor for indicator parameters (e.g., specific conductance, total organic carbon, or total organic halogen), waste constituents, or reaction products that provide a reliable indication of the presence of hazardous constituents in ground water. The Department will specify the parameters or constituents to be monitored in the facility permit, after considering the following factors:
   1. (1) The types, quantities, and concentrations of constituents in wastes managed at the regulated unit;
      1. (2) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the waste management area;
         1. (3) The detectability of indicator parameters, waste constituents, and reaction products in ground water; and (4) The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the ground-water background.
         2. (b) The owner or operator must install a ground-water monitoring system at the compliance point as specified under § 264.95. The ground-water monitoring system must comply with § 264.97(a)(2),(b), and (c).
         3. (c) The owner or operator must conduct a ground-water monitoring program for each chemical parameter and hazardous constituent specified in the permit pursuant to paragraph (a) of this section in accordance with § 264.97(g). The permit will specify the background values for each parameter or specify the procedures to be used to calculate the background values. The owner or operator must comply with § 264.97(g) in developing the data base used to determine background values.

            The owner or operator must maintain a record of ground-water analytical data as measured and in a form necessary for the determination of statistical significance under § 264.97(h). In taking samples used in the determination of background values, the owner or operator must use a ground-water monitoring system that complies with § 264.97(a)(l), (b), and (c).

         4. (d) The Department will specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the permit under paragraph (a) of this section in accordance with § 264.97(g). A sequence of at least four samples from each well (background and compliance wells) must be collected at least semi-annually during detection monitoring.
         5. (e) The owner or operator must determine the ground water flow rate and direction in the uppermost aquifer at least annually.
         6. (f) The owner or operator must determine whether there is statistically significant evidence of contamination for any chemical parameter of hazardous constituent specified in the permit pursuant to paragraph (a) of this section at a frequency specified under paragraph (d) of this section.
         7. (1) In determining whether statistically significant evidence of contamination exists, the owner or operator must use the method(s) specified in the permit under § 264.97(h). These method(s) must compare data collected at the compliance point(s) to the background ground-water quality data.
         8. (2) The owner or operator must determine whether there is statistically significant evidence of contamination at each monitoring well at the compliance point within a reasonable period of time after completion of sampling. The Department will specify in the facility permit what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground-water samples.
         9. (g) If the owner or operator determines pursuant to paragraph (f) of this section that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to paragraph (a) of this section at any monitoring well at the compliance point, he or she must:
         10. (1) Notify the Department of this finding in writing within seven days. The notification must indicate what chemical parameters or hazardous constituents have shown statistically significant evidence of contamination;
         11. (2) Immediately sample the ground water in all monitoring wells and determine whether constituents in the list of Appendix IX of Part 264 are present, and if so, in what concentration.
         12. (3) For any Appendix IX compounds found in the analysis pursuant to paragraph (g)(2). of this section, the owner or operator may resample within one month and repeat the analysis for those compounds detected. If the results of the second analysis confirm the initial results, then these constituents will form the basis for compliance monitoring. If the owner or operator does not resample for the compounds found pursuant to paragraph (g)(2) of this section, the hazardous constituents found during this initial Appendix IX analysis will form the basis for compliance monitoring.
         13. (4) Within 90 days submit to the Department an application for a permit modification to establish a compliance monitoring program meeting the requirements of § 264.99. The application must include the following information:
         14. (i) An identification of the concentration of any Appendix DC constituent detected in the ground water at each monitoring well at the compliance point;
         15. (ii) Any proposed changes to the ground-water monitoring system at the facility necessary to meet the requirements of § 264.99;
         16. (iii) Any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods, or statistical methods used at the facility necessary to meet the requirements of § 264.99;
         17. (iv) For each hazardous constituent detected at the compliance point, a proposed concentration limit under § 264.94(a) (1) or (2), or a notice of intent to seek an alternate concentration limit under § 264.94(b); and (5) Within 180 days, submit to the Department:
         18. (i) All data necessary to justify an alternate concentration limit sought under § 264.94(b); and (ii) An engineering feasibility plan for a corrective action program necessary to meet the requirement of § 264.100, unless:
         19. (A) All hazardous constituents identified under paragraph (g)(2) of this section are listed in Table 1 of § 264.94 and their concentrations do not exceed the respective values given in that Table; or (B) The owner or operator has sought an alternate concentration limit under § 264.94(b) for every hazardous constituent identified under paragraph (g)(2) of this section.
         20. (6) If the owner or operator determines, pursuant to paragraph (f) of this section, that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to paragraph (a) of this section at any monitoring well at the compliance point, he or she may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. The owner/operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting a permit modification application under paragraph (g)(4) of this section; however, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in paragraph (g)(4) of this section unless the demonstration made under this paragraph successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from error in sampling, analysis, or evaluation. In making a demonstration under this paragraph, the owner or operator must:
         21. (i) Notify the Department in writing within seven days of determining statistically significant evidence of contamination at the compliance point that he/she intends to make a demonstration under this paragraph;
         22. (ii) Within 90 days, submit a report to the Department which demonstrates that a source other than a regulated unit caused the contamination or that the contamination resulted from error in sampling, analysis, or evaluation; (iii)Within 90 days, submit to the Department an application for a permit modification to make any appropriate changes to the detection monitoring program facility, and (iv) Continue to monitor in accordance with the detection monitoring program established under this section.
         23. (h) If the owner or operator determines that the detection monitoring program no longer satisfies the requirement of this section, he or she must, within 90 days, submit an application for a permit modification to make any appropriate changes to the program. §264.99 Compliance monitoring program.

An owner or operator required to establish a compliance monitoring program under this subpart must, at a minimum, discharge the following responsibilities:

1. (a) The owner or operator must monitor the ground-water to determine whether regulated units are in compliance with the ground-water protection standard under § 264.92. The Department will specify the ground-water protection standard in the facility permit including:
   1. (1) A list of the hazardous constituents identified under § 264.93;
      1. (2) Concentration limits under § 264.94 for each of these hazardous constituents;
         1. (3) The compliance point under § 264.95; and (4) The compliance period under § 264.96.
         2. (b) The owner or operator must install a ground-water monitoring system at the compliance point as specified under § 264.95. The ground-water monitoring system must comply with § 264.97(a)(2), (b), and (c).
         3. (c) The Department will specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with § 264.97(g) and (h).
         4. (1) The owner or operator must conduct a sampling program for each chemical parameter or hazardous constituent in accordance with § 264.97(g).
         5. (2) The owner or operator must record ground-water analytical data as measured and in form necessary for the determination of statistical significance under § 264.97(h) for the compliance period of the facility.
         6. (3) The owner or operator must:
         7. (i) Comply with § 264.97(g) in developing the data base used to determine background values;
         8. (ii) Express background values in a form necessary for the determination of statistically significant increases under § 264.97(h); and (iii) Use a ground-water monitoring system that complies with § 264.97(a)(l), (b), and (c).
         9. (d) The owner or operator must determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the permit, pursuant to paragraph (a) of this section, at a frequency specified under paragraph (f) under this section.
         10. (1) In determining whether statistically significant evidence of increased contamination exists, the owner or operator must use the method(s) specified in the permit under § 264.97(h). The method(s) must compare data collected at the compliance point(s) to a concentration limit developed in accordance with § 264.94.
         11. (2) The owner or operator must determine whether there is statistically significant evidence of increased contamination at each monitoring well at the compliance point within a reasonable time period after completion of sampling. The Department will specify that time period in the facility permit, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground-water samples.
         12. (e) The owner or operator must determine the ground-water flow rate and direction in the uppermost aquifer at least annually.
         13. (f) The Department will specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with § 264.97(g). A sequence of at least four samples from each well (background and compliance wells) must be collected at least semi-annually during the compliance period of the facility.
         14. (g) The owner or operator roust analyze samples from all monitoring wells at the compliance point for all constituents contained in Appendix IX of Part 264 at least annually to determine whether additional hazardous constituents are present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in § 264.98(f). If the owner or operator finds Appendix IX constituents in the ground water that are not already identified in the permit as monitoring constituents, the owner or operator may resample within one month and repeat the Appendix IX analysis. If the second analysis confirms the presence of new constituents, the owner or operator must report the concentration of these additional constituents to the Department within seven days after the completion of the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then he or she must report the concentrations of these additional constituents to the Department within seven days after completion of the initial analysis and add them to the monitoring list.
         15. (h) If the owner or operator determines, pursuant to paragraph (d) of this section that any concentration limits under § 264.94 are being exceeded at any monitoring well at the point of compliance he or she must:
         16. (1) Notify the Department of this finding in writing within seven days. The notification must indicate what concentration limits have been exceeded.
         17. (2) Submit to the Department an application for a permit modification to establish a corrective action program meeting the requirements of § 264.100 within 180 days or within 90 days if an engineering feasibility study has been previously submitted to the Department under § 264.98(h)(5). The application must at a minimum include the following information:
         18. (i) A detailed description of corrective actions that will achieve compliance with the ground-water protection standard specified in the permit under paragraph (a) of this section; and (ii) A plan for a ground-water monitoring program that will demonstrate the effectiveness of the corrective action. Such a ground-water monitoring program may be based on a compliance monitoring program developed to meet the requirements of this section.
         19. (i) If the owner or operator determines, pursuant to paragraph (d) of this section, that the ground- water concentration limits under this section are being exceeded at any monitoring well at the point of compliance, he or she may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. In making a demonstration under this paragraph, the owner or operator must:
         20. (1) Notify the Department in writing within seven days that he/she intends to make a demonstration under this paragraph;
         21. (2) Within 90 days, submit a report to the Department which demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted from error in sampling analysis, or evaluation;
         22. (3) Within 90 days, submit to the Department an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility, and (4) Continue to monitor in accord with the compliance monitoring program established under this section.
         23. (j) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this section, he/she must, within 90 days, submit an application for a permit modification to make any appropriate changes to the program. §264.100 Corrective action program.

An owner or operator required to establish a corrective action program under this subpart must, at a minimum, discharge the following responsibilities:

1. (a) The owner or operator must take corrective action to ensure that regulated units are in compliance with the ground-water protection standard under § 264.92. The Department will specify the ground-water protection standard in the facility permit, including:
   1. (1) A list of the hazardous constituents identified under § 264.93;
      1. (2) Concentration limits under § 264.94 for each of those hazardous constituents;
         1. (3) The compliance point under § 264.95; and (4) The compliance period under § 264.96.
         2. (b) The owner or operator must implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place. The permit will specify the specific actions that will be taken.
         3. (c) The owner or operator must begin corrective action within a reasonable time period after the ground-water protection standard is exceeded. The Department will specify that time period in the facility permit. If a facility permit includes a corrective action program in addition to a compliance monitoring program, the permit will specify when the corrective action will begin and such a requirement will operate in lieu of § 264.99(i)(2).
         4. (d) In conjunction with a corrective action program, the owner or operator must establish and implement a ground-water monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program.under § 264.99 and must be as effective as that program in determining compliance with the ground-water protection standard under § 264.92 and in determining the success of a corrective action program under paragraph (e) of this section, where appropriate.
         5. (e) In addition to the other requirements of this section, the owner or operator must conduct a corrective action program to remove or treat in place any hazardous constituents under §
         6. 264.93 that exceed concentration limits under § 264.94 in ground water:
         7. (1) Between the compliance point under § 264.95 and the downgradient property boundary, and (2) Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the Department that, despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. The owner/operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. The provisions of this paragraph shall apply to all regulated units, except land treatment units, including any new units, replacements of existing units, or lateral expansions of existing units. The permit will specify the measures to be taken.
         8. (3) Corrective action measures under this paragraph must be initiated and completed within a reasonable period of time considering the extent of contamination.
         9. (4) Corrective action measures under this paragraph may be terminated once the concentration of hazardous constituents under § 264.93 is reduced to levels below their respective concentration limits under § 264.94.
         10. (f) The owner or operator must continue corrective action measures during the compliance period to the extent necessary to ensure that the ground-water protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, he/she must continue that corrective action for as long as necessary to achieve compliance with the ground-water protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if he/she can demonstrate, based on data from the ground-water monitoring program under paragraph (d) of this section, that the ground-water protection standard of § 264.92 has not been exceeded for a period of three consecutive years.
         11. (g) The owner or operator must report in writing to the Department on the effectiveness of the corrective action program. The owner or operator must submit these reports semi- annually.
         12. (h) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this section, he/she must within 90 days, submit an application for a permit modification to make appropriate changes to the program. §264.101 Corrective Action for Solid Waste Management Units.

(a) The owner or operator of a facility seeking a permit for the treatment, storage or disposal of hazardous waste must institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in such unit.

(b) Corrective action will be specified in the: permit in accordance with this section and Subpart S of this part. The permit will contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective action.

(c) The owner or operator must implement corrective actions:

1. (1) Between the solid waste management unit and the down gradient facility boundary; and (2) Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the Department that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such actions. The owner/operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. Assurances of financial responsibility for such corrective action must be provided.

(d) This does not apply to remediation waste management sites unless they are part of a facility subject to a permit for treating, storing or disposing of hazardous wastes that are not remediation wastes. §264.102 through §264.109 [Reserved] Subpart G - Closure and Post-Closure §264.110 Applicability.

Except as § 264.1 provides otherwise:

1. (a) Sections 264.111 through 264.115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and (b) Sections 264.116 through 264.120 (which concern post-closure care) apply to the owners and operators of:
   1. (1) All hazardous waste disposal facilities;
      1. (2) Waste piles, and surface impoundments from which the owner or operator intends to remove the wastes at closure, to the extent that these sections are made applicable to such facilities in § 264.228 or § 264.258;
         1. (3) Tank systems that are required under § 264.197 to meet the requirements for landfills; and (4) Containment buildings that are required under § 264.1102 to meet the requirements for landfills.
         2. (c) The Director may replace all or part of the requirements of this subpart (and the unit-specific standards referenced in § 264.111(c) applying to a regulated unit), with alternative requirements set out in a permit or in an enforceable document (as defined in § 100.10(d) of these regulations), where the Director determines that:
         3. (1) The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release; and (2) It is not necessary to apply the closure requirements of this subpart(and those referenced herein) because the alternative requirements win protect human health and the environment and will satisfy me closure performance standard of § 264.111 (a) and (b).

§264.111 Closure performance standard.

The owner or operator must close the facility in a manner that:

1. (a) Minimizes the need for further (b) Controls, minimizes or eliminates, to the extent necessary to protect human health and the environment post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere; and (c) Complies with the closure requirements of this subpart, including, but not limited to, the requirements of §§ 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351,
   1. 264.601 through 264.603, and 264.1102.

§264.112 Closure plan; amendment of plan.

(a) Written plan.

1. (1) The owner or operator of a hazardous waste management facility must have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure are required by §§ 264.228(c)(l)(i) and 264.258(c)(l)(i) to have contingent closure plans. The plan must be submitted with the permit application, in accordance with § l00.41(a)(13) of these regulations, and approved by me Department as part of the permit issuance procedures under part 100 of these regulations. In accordance with § 100.43 of these regulations, the approved closure plan will become a condition of any State permit.
   1. (2) The Department's approval of the plan must assure that the approved closure plan is consistent with §§264.111 through 264.115 and the applicable requirements of Subpart F of this part, §§ 264.178, 264.197, 264.228, 264.258. 264.280. 264.310, 264.351, 264.601. and 264.1102. Until final closure is completed and certified in accordance with §264.115. a copy of the approved plan and all approved revisions must be furnished to the Department upon request, including requests by mail.

(b) Content of plan. The plan must identify steps necessary to perform partial and/or final closure of the facility at any point during its active life. The closure plan must include, at least:

1. (1) A description of how each hazardous waste management unit at the facility will be closed in accordance with § 264.111;
   1. (2) A description of how final closure of the facility will be conducted in accordance with § 264.111. The description must identify the maximum extent of the operations which will be unclosed during the active life of the facility; and (3) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type(s) of the off-site hazardous waste management units to be used, if applicable; and (4) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard; and (5) A detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, ground-water monitoring, leachate collection, and run-on and run-off control; and (6) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule must include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover must be included.) (7) For facilities that use trust funds to establish financial assurance under § 266.14 and that are expected to close prior to the expiration of the permit, an estimate of the expected year of final closure.
      1. (8) For facilities where the Director has applied alternative requirements at a regulated unit under §§ 264.90(f), 264.110(c), and/or § 266.10(d), either the alternative requirements applying to the regulated unit, or a reference to the enforceable document containing those alternative requirements.

(c) Amendment of plan. The owner or operator must submit a written notification of or request for a permit modification to authorize a change in operating plans, facility design, or die approved closure plan in accordance with the applicable procedures in Part 100. The written notification or request must include a copy of the amended closure plan for review or approval by the Department.

1. (1) The owner or operator may submit a written notification or request to the Director for a permit modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility.
   1. (2) The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved closure plan whenever:
      1. (i) Changes in operating plans or facility design affect the closure plan, or (ii) There is a change in the expected year of closure, if applicable, or (iii) in conducting partial or final closure activities, unexpected events require a modification of the approved closure plan.
         1. (iv) the owner or operator requests the Director to apply alternative requirements to a regulated unit under §§ 264.90(f), 264.110(c), and/or § 266.10(d).
         2. (3) The owner or operator must submit a written request for a permit modification, including a copy of the amended closure plan, for approval at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator must request a permit modification no later than 30 days after the unexpected event. An owner or operator of a surface impoundment or waste pile who intends to remove all hazardous waste at closure and is not otherwise required to prepare a contingent closure plan under § 264.228(c)(l)(i) or § 264.258(c)(l)(i), must submit an amended closure plan to the Department no later than 60 days from the date that the owner or operator or the Department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of § 264.310, or no later man 30 days from that date if the determination is made during partial or final closure. The Department will approve, disapprove, or modify this amended plan in accordance with the procedures in Part 100. In accordance with § 100.43 of these regulations, the approved closure plan will become a condition of any RCRA permit issued.
         3. (4) The Department may request modifications to the plan under the conditions described in § 264.112(c)(2). The owner or operator must submit the modified plan within 60 days of the Department's request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the Department will be approved in accordance with procedures in Part 100.

(d) Notification of partial closure and final closure.

1. (1) The owner or operator must notify the Department in writing at least 60 days prior to the date on which he/she expects to begin closure of a surface impoundment, waste pile, land treatment or landfill unit, or final closure of a facility with such a unit. The owner or operator must notify the Department in writing at least 45 days prior to the date on which he/she expects to begin final closure of a facility with only treatment or storage tanks, container storage, or incinerator units to be closed. The owner or operator must notify the Department in writing at least 45 days prior to the date on which he/she expects to begin partial or final closure of a boiler or industrial furnace, whichever is earlier.
   1. (2) The date when he/she “expects to begin closure” must be either (i) No later than 30 days after the date on which any hazardous waste management unit receives the known final volume of hazardous wastes or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste. If the owner or operator of a hazardous waste management unit can demonstrate to the Department that die hazardous waste management unit or facility has the capacity to receive additional hazardous wastes and has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements, the Department may approve an extension to this one-year limit.
      1. (ii) For units meeting the requirements of § 264.113(d), no later than 30 days after the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional non-hazardous wastes, no later than one year after the date on which the unit received the most recent volume of non-hazardous wastes. If the owner or operator can demonstrate to the Department that the hazardous waste management unit has the capacity to receive additional non-hazardous wastes and has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements, the Department may approve an extension to this one-year limit (3) If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree, State compliance order, State corrective action order, or filial decree under Section 3008 of RCRA, to cease receiving hazardous wastes or to close, then the requirements of this paragraph do not apply. However, the owner or operator must close the facility in accordance with the deadlines established in § 264.113.

(e) Removal of wastes and decontamination or dismantling of equipment. Nothing in this section shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure. §264.113 Closure; time allowed for closure.

(a) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of non- hazardous wastes if the owner or operator complies with all applicable requirements in paragraphs (d) and (e) of this section, at a hazardous waste management unit or facility, the owner or operator must treat, remove from the unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The Department may approve a longer period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that:

1. (1)
   1. (i) The activities required to comply with this paragraph will, of necessity, take longer than 90 days to complete; or (ii)
      1. (A) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non- hazardous wastes if the owner or operator complies with paragraphs (d) and (e) of this section; and (B) There is a reasonable likelihood that the owner or operator, or another person will recommence operation of the hazardous waste management unit or the facility within one year, and (C) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and (2) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements.

(b) The owner or operator must complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in paragraphs (d) and (e) of this section, at the hazardous waste management unit or facility. The Department may approve an extension to the closure period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that:

1. (l)
   1. (i) The partial or final closure activities will, of necessity, take longer than 180 days to complete; or (ii)
      1. (A) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non- hazardous wastes if the owner or operator complies with paragraphs (d) and (e) of this section; and (B) There is reasonable likelihood that the owner or operator, or another person will recommence operation of the hazardous waste management unit or the facility within one year; and (C) Closure of the hazardous waste management.unit or facility would be incompatible with continued operation of the site; and (2) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable permit requirements.

(c) The demonstrations referred to in paragraphs (a)(l) and (b)(l) of this section must be made as follows: (1)The demonstrations in paragraph (a)(1) of this section must be made at least 30 days prior to the expiration of the 90 day period in paragraph (a) of this section; and

1. (2) The demonstration in paragraph (b)(1) of this section must be made at least 30 days prior to the expiration of the 180-day period in paragraph (b) of this section, unless the owner or operator is otherwise subject to the deadlines in paragraph (d) of this section.

(d) The Department may allow an owner or operator to receive only non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit if:

1. (1) The owner or operator requests a permit modification in compliance with all applicable requirements in Part 100 of these regulations, and in the permit modification request demonstrate that:
   1. (i) The unit has the existing design capacity as indicated on the part A application to receive non-hazardous wastes; and (ii) There is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within one year after the final receipt of hazardous wastes; and (iii) The non-hazardous wastes will not be incompatible with any remaining wastes in the unit, or with the facility design and operating requirements of the unit or facility under this part; and (iv) Closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility; and (v) The owner or operator is operating and will continue to operate in compliance with all applicable permit requirements; and (2) The request to modify the permit includes an amended waste analysis plan, ground-water monitoring and response program, human exposure assessment required under RCRA section 3019, and closure and post-closure plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate, to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes, and changes in closure activities, including the expected year of closure if applicable under § 264.112(b)(7), as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes; and (3) The request to modify the permit includes revisions, as necessary and appropriate, to affected conditions of the permit to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes; and (4) The request to modify the permit and the demonstrations referred to in paragraphs (d)(l) and (d)(2) of this section are submitted to the Department no later than 120 days prior to the date on which the owner or operator of the facility receives the known final volume of hazardous wastes at the unit, or no later than 90 days after the effective date of this rule in Colorado, whichever is later.

(e) In addition to the requirements in paragraph (d) of this section, an owner or operator of a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements in 42 U.S.C. 3004(o)(1) and 3005(j)(1) or 42 U.S.C. 3004(o)(2) or (3) or 3005(j)(2), (3), (4) or (13) must:

1. (1) Submit with the request to modify the permit:
   1. (i) A contingent corrective measures plan, unless a corrective action plan has already been submitted under § 264.99; and (ii) A plan for removing hazardous wastes in compliance with paragraph (e)(2) of this section; and (2) Remove all hazardous wastes from the unit by removing all hazardous liquids, and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner(s), if any.
      1. (3) Removal of hazardous wastes must be completed no later than 90 days after the final receipt of hazardous wastes. The Department may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health and the environment.
         1. (4) If a release that is a statistically significant increase (or decrease in the case of pH) over background values for detection monitoring parameters or constituents specified in the permit or that exceeds the facility's ground-water protection standard at the point of compliance, if applicable, is detected in accordance with the requirements in Subpart F of this part, the owner or operator of the unit:
         2. (i) Must implement corrective measures in accordance with the approved contingent corrective measures plan required by paragraph (e)(l) of this section no later than one year after detection of the release, or approval of the contingent corrective measures plan, whichever is later;
         3. (ii) May continue to receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and (iii) May be required by the Department to implement corrective measures in less than one year or to cease the receipt of wastes until corrective measures have been implemented if necessary to protect human health and the environment.
         4. (5) During the period of corrective action, the owner or operator shall provide semi-annual reports, or more frequently as may be provided in the corrective action plan, to the Department that describe the progress of the corrective action program, compile all ground-water monitoring data, and evaluate the effect of the continued receipt of non- hazardous wastes on the effectiveness of the corrective action.
         5. (6) The Department may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in paragraph (e)(4) of this section, or fails to make substantial progress in implementing corrective action and achieving the facility's ground-water protection standard or background levels if the facility has not yet established a ground-water protection standard.
         6. (7) If the owner or operator fails to implement corrective measures as required in paragraph (e) (4) of this section, or if the Department determines that substantial progress has not been made pursuant to paragraph (e)(6) of this section it shall:
         7. (i) Notify the owner or operator in writing that the owner or operator must begin closure in accordance with the deadlines in paragraphs (a) and (b) of this section and provide a detailed statement of reasons for this determination, and (ii) Provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision no later than 20 days after the date of the notice.
         8. (iii) If the Department receives no written comments, the decision will become final five days after the close of the comment period. The Department will notify the owner or operator that the decision is final, and that a revised closure plan, if necessary, must be submitted within 15 days of the final notice and that closure must begin in accordance with the deadlines in paragraphs (a) and (b) of this section.
         9. (iv) If the Department receives written comments on the decision, it shall make a final decision within 30 days after the end of the comment period, and provide the owner or operator in writing and the public through a newspaper notice, a detailed statement of reasons for the final decision. If the Department determines that substantial progress has not been made, closure must be initiated i accordance with the deadlines in paragraphs (a)and (b) of this section. §264.114 Disposal or decontamination of equipment, structures and soils. During the partial and final closure periods, all contaminated equipment, structures and soils must be properly disposed of or decontaminated unless otherwise specified in §§ 264.197,264.228, 264.258,264.280, or 264.310, or under the authority of § 264.601 and § 264.603. By removing any hazardous wastes or hazardous constituents during partial and final closure, (he owner or operator may become a generator of hazardous waste and must handle that waste hi accordance with all applicable requirements of Part 262 of these regulations.

§264.115 Certification of closure.

Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment, and landfill unit, and within 60 days of the completion of final closure, the owner or operator must submit to the Department, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed hi accordance with the specifications in the approved closure plan. The certification must be signed by the owner or operator and by an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification must be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for closure under § 266.14(1). §264.116 Survey plat No later than the submission of the certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department, a survey plat indicating the location and dimensions of landfills cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, must contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable Subpart G regulations.

§264.117 Post-closure care and use of property.

(a)

1. (l) Post-closure care for each hazardous waste management unit subject to the requirements of §§ 264.117-264.120 must begin after completion of closure of the unit and continue for 30 years after that date and must consist of at least the following: (i)Monitoring and reporting in accordance with the requirements of Subparts F, K, L, M, N, and X of this part and (ii) Maintenance and monitoring of waste containment systems in accordance with the requirements of Subparts F, K, L, M, N, and X of this part (2) Any time preceding partial closure of a hazardous waste management unit subject to post- closure care requirements or final closure, or any time during the post-closure period for a particular unit, the Department may, in accordance with the permit modification procedures in Part 100:
   1. (i) Shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if the Department finds that the reduced period is sufficient to protect human health and the environment (e.g., leachate or groundwater monitoring results, characteristics of the hazardous wastes, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure); or (ii) Extend the post-closure care period applicable to the hazardous waste management unit or facility if the Department finds that the extended period is necessary to protect human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous waste at levels which may be harmful to human health and the environment).

(b) The Department may require, at partial and final closure, continuation of any of the security requirements of § 264.14 during part or all of die post-closure period after the date of completing closure when:

1. (1)Hazardous wastes may remain exposed after completion of partial or final closure; or (2) Access by the public or domestic livestock may pose a hazard to human health.

(c) Post-closure use of property on or in which hazardous wastes remain after partial or final closure must never be allowed to disturb the integrity of the final cover, liner(s), or any other components of any containment system, or the function of the facility's monitoring systems, unless the Department finds that the disturbance:

1. (1) Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or (2) Is necessary to reduce a threat to human health or the environment.

(d) All post-closure care activities must be in accordance with the pro visions of the approved post- closure plan as specified in § 264.118.

§264.118 Post-closure plan; amendment of plan.

(a) Written plan. The owner or operator of a hazardous waste disposal unit must have a written post- closure plan. In addition, certain waste piles and surface impoundments from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by §§ 264.228(c)(1)(ii) and 264.258(c)(1)(ii) to have contingent post-closure pins. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent post-closure plans under §§ 264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post- closure plan to the Department within 90 days from the date that the owner or operator or Department determines that die hazardous waste management unit must be closed as a landfill, subject to me requirements of §§ 264.117 through 264.120. UK plan must be submitted with the permit application, hi accordance with § 100.41(aX13) of these regulations, and approved by the Department as part of the permit issuance procedures under Part 100 of these regulation. In accordance with § 100.43 of these regulations, the approved post-closure plan win become a condition of any permit issued.

(b) For each hazardous waste management unit subject to the requirements of this section, the post- closure plan must identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:

1. (1) A description of the planned monitoring activities and frequencies at which they will be performed to comply with Subparts F, K, L, M, N, and X of this Part during the post closure care period; and (2) A description of the plumed maintenance activities, and frequencies at which they will be performed, to ensure:
   1. (i) The integrity of the cap and final cover or other containment systems in accordance with the requirements of Subparts F, 1C, L, M. N. and X of this part; and (ii) The function of the facility monitoring equipment in accordance with the requirements of Subparts F. K, L, M, N, and X of this part; and (3) The name, address, and phone number of the person or office to contact about me hazardous waste disposal unit or facility during the post-closure care period.
      1. (4) For facilities where the Director has applied alternative requirements at a regulated unit under §§ 264.90(f). 264.110(c). and/or § 266.10(d). either me alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements.

(c) Until final closure of the facility, a copy of the approved post-closure plan must be furnished to the Department upon request, including request by mail After final closure has been certified, the person or office specified in § 264.118(b)(3) oust keep the approved post-closure plan during the remainder of the post-closure period.

(d) Amendment of plan. The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved post-closure plan in accordance with me applicable requirements of Part 100. The written notification or request must include a copy of the amended post-closure plan for review or approval by the Department

1. (1) The owner or operator may submit a written notification or request to the Department for a permit modification to amend the post-closure plan at any time during the active life Of the facility or during the post-closure care period.
   1. (2) The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved post-closure plan whenever:
      1. (i) Changes in operating plans or facility design affect the approved post-closure plan, or (ii) There is a change in the expected year of final closure, if applicable, or (iii) Events which occur during the active life of the facility, including partial and final closures, affect the approved post-closure plan.
         1. (iv) The owner or operator requests the Director to apply alternative requirements to a regulated unit under §§ 264.90(f). 264.110(c), and/or § 266.10(d).
         2. (3) The owner or operator must submit a written request for a permit modification at least 60 days prior to the proposed change in facility design or operation, or DO later man 60 days after an unexpected event has occurred which has affected me post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent post- closure plan under §§ 264.228(c)(1)(ii) and 264.258(c)(l)(ii) must submit a post-closure plan to the Department no later man 90 days after the date that me owner or operator or Department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of §264.310. The Department will approve, disapprove or modify this plan in accordance with the procedures in Part 100. In accordance with {§ 100.43 of these regulations, the approved post-closure plan will become a permit coalition, (4) The department may request modifications to me plan under the conditions described in § 264.118(d)(2). The owner or operator must submit the modified plan no later than 60 days after the Department's request, or DO later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent post-closure plan. Any modifications requested by the Department will be approved, disapproved, or modified in accordance with me procedures in Part 100.

§264.119 Post-closure notices.

(a) No later man 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before January 12,1981, the owner or operator most identify the type, location, and quantity of the hazardous wastes to the best of his/her knowledge and in accordance with any records he/she has kept.

(b) Within 60 days of certification of closure of me first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator must:

1. (1) Record, in accordance with State law, a notation on the deed to me facility property-or on some other instrument which is normally examined during title search-mat will in perpetuity notify any potential purchaser of the property that:
   1. (i) The land has been used to manage hazardous wastes; and (ii) Its use is restricted under this subpart; and (iii) The survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by §§ 264.116 and 264.119(a) nave been filed with the local zoning authority or the authority with jurisdiction over local land use and with the Director of the Colorado Department of Public Health and Environment; and (2) Submit a certification, signed by the owner or operator, that he/she has recorded me notation specified in paragraph (b)(1) of this section, including a copy of the document in which the notation has been placed, to the Department.

(c) If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, he/she must request a modification to the post- closure permit in accordance with the applicable. The owner or operator must demonstrate that the removal of hazardous wastes will satisfy the criteria of § 264.117(c). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and must manage it in accordance with all applicable requirements of these regulations. If be/she is granted a permit modification or otherwise granted approval to conduct such removal activities, the owner or operator may request that the Department approve either

1. (1) The removal of the notation on the deed to the facility property or other instrument normally examined during title search; or (2) The addition of a notation to the deed or instrument indicating me removal of me hazardous waste.

§264.120 Certification of completion of post-closure care. No later than 60 days after completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator must submit to the Department, by registered mail, a certification that me post-closure care period for me hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification must be signed by the owner or operator and an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification must be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for post-closure care under § 266.14(1).

Subpart H [Reserved] Subpart I - Use and Management of Containers §264.170 Applicability.* The regulations in this subpart apply to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as § 264.1 provides otherwise. *Under § 261.7 and § 261.33(c), if a hazardous waste is emptied from a container the residue remaining in the container is not considered a hazardous waste if the container is “empty” as defined in § 261.7. In that event management of the container is exempt from the requirements of this subpart §264.171 Condition of Containers.

If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this part.

§264.172 Compatibility of waste with containers.

The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.

§264.173 Management of containers.

(a) A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

(b) A container holding hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.

§264.174 Inspections.

At least weekly, the owner or operator must inspect areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.

§264.175 Containment.

(a) Container storage areas must have a containment system that is designed and operated in accordance with paragraph (b) of this section, except as otherwise provided by paragraph (c) of this section.

(b) A containment system must be designed and operated as follows:

1. (1) A base must underly the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;
   1. (2) The base must be sloped or the containment system must be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids;
      1. (3) The containment system must have sufficient capacity to contain 10% of the volume of containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination;
         1. (4) Run-on into the containment system must be prevented unless the collection system has sufficient excess capacity in addition to that required in paragraph (b)(3) of this section to contain any run-on which might enter the system; and (5) Spilled or leaked waste and accumulated precipitation must be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system.

(c) Storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system defined by paragraph (b) of this section, except as provided by paragraph

1. (d) of this section or provided that:
   1. (1) The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation, or (2) The containers are elevated or are otherwise protected from contact with accumulated liquid.

(d) Storage areas that store containers holding the wastes listed below that do not contain free liquids must have a containment system defined by paragraph (b) of this section:

1. (1) F020, F021, F022, F023, F026, and F027.
   1. (2) (Reserved)

§264.176 Special requirements for ignitable or reactive waste. Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) inside the facility's property line.

§264.177 Special requirements for incompatible wastes.* (a) Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples), must not be placed in the same container, unless § 264.17(b) is complied with.

(b) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material.

(c) A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device. *As required by § 264.13, the waste analysis plan must include analyses needed to comply with § 264.177. Also, § 264.17(c) requires wastes analyses, trial tests or other documentation to assure compliance with § 264.17(b). As required by § 264.73, the owner or operator must place the results of each waste analysis and trial test, and any documented information, in the operating record of the facility.

§264.178 Closure.

At closure, all hazardous waste and hazardous waste residues must be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or removed. §264.179 Air Emission Standards.

The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of Subparts AA, BB, and CC of this part. Subpart J - Tanks §264.190 Applicability.

The requirements of this subpart apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in paragraphs (a), (b), (c) and (d) of this section or in § 264.1 of this part.

1. (a) Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in § 264.193. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test method must be used: Method 9095 (Paint Filter Liquids Test) as described in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.
   1. (b) Tank systems, including sumps, as defined in § 260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in § 264.193(a).
      1. (c) Sumps which have sufficiently low storage capacities and short accumulation times such that they mainly function as flow control devices, and which otherwise fit the definition of “ancillary equipment”, are subject to the requirement; for ancillary equipment rather than the requirements for tanks.
         1. (d) Tanks, sumps, and other such collection devices or systems used in conjunction with drip pads, as defined in § 260.10 of these regulations and regulated under Subpart W, must meet the requirements of this subpart §264.191 Assessment of existing tank system's integrity.

(a) For each existing tank system that does not have secondary containment meeting the requirements of § 264.193, the owner or operator must determine that the tank system is not leaking or is unfit for use. Except as provided in paragraph (c) of this section, the owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by an independent, qualified registered professional engineer, in accordance with § 100.12(d). that attests to the tank system's integrity within one year of the effective date of these regulations. The effective date of these regulations for new underground tanks, for underground tanks that cannot be entered for inspections, and for tanks operated by small quantity generators is July 14,1986.

(b) This assessment must determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must consider the following:

1. (1) Design standard(s), if available, according to which the tank and ancillary equipment were constructed;
   1. (2) Hazardous characteristics of the waste(s) that have been and will be handled;
      1. (3) Existing corrosion protection measures;
         1. (4) Documented age of the tank system, if available (otherwise, an estimate of the age); and (5) Results of a leak test, internal inspection, or other tank integrity examination such that:
         2. (i) For non-enterable underground tanks, the assessment must include a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects, and (ii) For other than non-enterable underground tanks and for ancillary equipment, this assessment must include either a leak test, as described above, or other integrity examination, that is certified by an independent, qualified, registered professional engineer, in accordance with § 100.12(d), that addresses cracks, leaks, corrosion, and erosion.

            [NOTE - The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, “Atmospheric and Low-Pressure Storage Tanks”, 4th edition, 1981, may be used, where applicable, as guidelines in conducting other than a leak test.]

(c) Tank systems that store or treat materials that become hazardous wastes subsequent to the effective date of these regulations, must conduct this assessment within 12 months after the date that the waste becomes a hazardous waste. The effective date of these regulations for new underground tanks, for underground tanks that cannot be entered for inspection, and for tanks operated by small quantity generators is July 14, 1986.

(d) If, as result of the assessment conducted in accordance with paragraph (a), a tank system is found to be leaking or unfit for use, the owner or operator must comply with the requirements of § 264.196. §264.192 Design and installation of new tank system or components.

(a) Owners or operators of new tank systems or components must obtain and submit to the Department, at time of submittal of Part B information, a written assessment, renewed and certified by an independent, qualified registered professional engineer, in accordance with § 100.12(d), attesting that the tank system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. The assessment must show that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste(s) to be stored or treated, and corrosion protection to ensure that it will not collapse, rupture, or fail his assessment, which will be used by the Department to review and approve or disapprove the acceptability of the tank system design, must include, at a minimum, the following information:

1. (1) Design standard(s) according to which tank(s) and/or the ancillary equipment are constructed;
   1. (2) Hazardous characteristics of the waste(s) to be handled;
      1. (3) For new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of:
         1. (i) Factors affecting the potential for corrosion, including but not limited to:
         2. (A) Soil moisture content;
         3. (B) Soil pH;
         4. (C) Soil sulfides level;
         5. (D) Soil resistivity;
         6. (E) Structure to soil potential;
         7. (F) Influence of nearby underground metal structures (e.g., piping);
         8. (G) Existence of stray electric current;
         9. (H) Existing corrosion - protection measures (e.g., coating, cathodic protection), and (ii) The type and degree of external corrosion protection that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following:
         10. (A) Corrosion-resistant materials of construction such as special alloys, fiberglass reinforced plastic, etc.;
         11. (B) Corrosion-resistant coating (such as epoxy, fiberglass, etc.) with cathodic protection (e.g., impressed current or sacrificial anodes); and (C) Electrical isolation devices such as insulating joints, flanges, etc. [NOTE - The practices described in the National Association of Corrosion Engineers (NACE) standard, “Recommended Practice (RP-02-85) - Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems$rdquo;, and the American Petroleum Institute (API) Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”, may be used, where applicable, as guidelines in providing corrosion protection for tank systems.] (4) For underground tank system components that are likely to be adversely affected by vehicular traffic a determination of design or operational measures that will protect the tank system against potential damage; and (5) Design considerations to ensure that:
         12. (i) Tank foundations will maintain the load of a full tank;
         13. (ii) Tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone, or is located within a seismic fault zone subject to the standards of § 264.18(a); and (iii) Tank systems will withstand the effects of frost heave.

(b) The owner or operator of a new tank system must ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent qualified installation inspector or an independent, qualified, registered professional engineer, either of whom is trained and experienced in the proper installation of tank systems or components, must inspect the system for the presence of any of the following items:

1. (1) Weld breaks;
   1. (2) Punctures;
      1. (3) Scrapes of protective coatings;
         1. (4) Cracks;
         2. (5) Corrosion;
         3. (6) Other structural damage or inadequate construction/installation. All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.

(c) New tank systems or components that are placed underground and that are backfilled must be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.

(d) All new tanks and ancillary equipment must be tested for tightness prior to being covered, enclosed, or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system must be performed prior to the tank system being covered, enclosed, or placed into use.

(e) Ancillary equipment must be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion, or contraction. [NOTE - The piping system installation procedures described in American Petroleum Institute

1. (API) Publication 1615 (November 1979), “Installation of Underground Petroleum Storage Systems”, or ANSI Standard B313, “Petroleum Refinery Piping”, and ANSI Standard B31.4 “Liquid Petroleum Transportation Piping System”, may be used, where applicable, as guidelines for proper installation of piping systems.]

(f) The owner or operator must provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under paragraph (a)(3) of this section, or other corrosion protection if the Department believes other corrosion protection is necessary to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection system that is field fabricated must be supervised by an independent corrosion expert to ensure proper installation.

(g) The owner or operator must obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of paragraphs (b) through (f) of this section, that attest that the tank system was properly designed and installed and that repairs, pursuant to paragraphs (b) and (d) of this section, were performed. These written statements must also include the certification statement as required in § 100.12(d).

§264.193 Containment and detection of releases.

(a) la order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section must be provided (except as provided in paragraphs (f) and (g) of this section):

1. (1) For all new tank systems or components, prior to their being put into service;
   1. (2) For all existing tank systems used to store or treat EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027, within two years after the effective date of these regulations;
      1. (3) For those existing tank systems of known and documented age, within two years after the effective date of these regulations or when the tank system has reached 15 years of age, whichever comes later;
         1. (4) For those existing tank systems for which the age cannot be documented, within eight years of the effective date of these regulations; but if the age of the facility is greater than seven years, secondary containment must be provided by the time the facility reaches 15 years of age, or within two years of the effective date of these regulations, whichever comes later; and (5) For tank systems that store or treat materials that become hazardous wastes subsequent to the effective date of these regulations, within the time intervals required in paragraphs (a) (l) through (a)(4) of this section, except that the date that a material becomes a hazardous waste must be used in place of the effective date of these regulations.

(b) Secondary containment systems must be:

1. (1) Designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system; and (2) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.

(c) To meet the requirements of paragraph (b) of this section, secondary containment systems must be at a minimum:

1. (1) Constructed of or lined with materials that are compatible with the waste(s) to be placed in the tank system and must have sufficient strength and thickness to prevent failure owing to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which it is exposed, climatic conditions, and the stress of daily operation (including stresses from nearby vehicular traffic).
   1. (2) Placed on a foundation or base capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system, and capable of preventing failure due to settlement, compression, or uplift;
      1. (3) Provided with a leak-detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or the presence of any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the owner or operator can demonstrate to the Department that existing detection technologies or site conditions will not allow detection of a release within 24 hours; and (4) Sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation must be removed from the secondary containment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health and the environment, if the owner or operator can demonstrate to the Department that removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours. [NOTE: - If the collected material including precipitation is a hazardous waste under Part 261 of these regulations, it is subject to management as a hazardous waste in accordance with all applicable requirements of Parts 262 through 265 of these regulations. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of Sections 301,304, and 402 of the Clean Water Act, as amended. If discharged to a Publicly Owned Treatment Works (POTW), it is subject to the requirements of Section 307 of the Clean Water Act, as amended. If the collected material is released to the environment, it may be subject to the reporting requirements of 40 CFR Part 302).

(d)Secondary containment for tanks must include one or more of the following devices:

1. (1) A liner (external to the tank);
   1. (2) A vault;
      1. (3) A double-walled tank; or (4) An equivalent device as approved by the Department

(e) In addition to the requirements of paragraphs (b), (c), and (d) of this section, secondary containment systems must satisfy the following requirements:

1. (1) External liner systems must be:
   1. (i) Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;
      1. (ii) Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-year, 24-hour rainfall event.
         1. (iii) Free of cracks or gaps; and (iv) Designed and installed to surround the tank completely and to cover all surrounding earth likely to come into contact with the waste if the waste is released from the tank(s) (i.e. capable of preventing lateral as well as vertical migration of the waste).
         2. (2) Vault systems must be:
         3. (i) Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary, (ii) Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-year, 24 hour rainfall event;
         4. (iii) Constructed with chemical-resistant water stops in place in all joints (if any);
         5. (iv) Provided with an impermeable interior coating or lining that is compatible with the stored waste and that will prevent migration of waste into the concrete;
         6. (v) Provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being stored or treated:
         7. (A) Meets the definition of ignitable waste under § 261.21 of these regulations; or (B) Meets the definition of reactive waste under § 26123 of these regulations, and may form an ignitable or explosive vapor;
         8. (vi) Provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
         9. (3) Double-walled tanks must be:
         10. (i) Designed as an integral structure (i.e., an inner tank completely enveloped within an outer shell) so that any release from the inner tank is contained by the outer shell.
         11. (ii) Protected, if constructed of metal, from both corrosion of the primary tank interior and the external surface of the outer shell; and (iii) Provided with a built-in continuous leak detection system capable of detecting a release within 24 hours, or at the earliest practicable time, if the owner or operator can demonstrate to the Department, and the Department concludes, that the existing detection technology or site conditions would not allow detection of a release within 24 hours.

             [NOTE - The provisions outlined in the Steel Tank Institutes (STI) “Standard for Dual Wall Underground Steel Storage Tanks” may be used as guidelines for aspects of the design of underground steel double-walled tanks.]

(f) Ancillary equipment must be provided with secondary containment (e.g., trench, jacketing, double- walled piping) that meets the requirements of paragraphs (b) and (c) of this section except for:

1. (1) Aboveground piping (exclusive of flanges, joints, valves, and other connections) that are visually inspected for leaks on a daily basis;
   1. (2) Welded flanges, welded joints, and welded connections, that are visually inspected for leaks on a daily basis;
      1. (3) Sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis; and (4) Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.

(g) The owner or operator may obtain a variance from the requirements of this section if the Department finds, as a result of a demonstration by the owner or operator that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous waste or hazardous constituents into the ground water, or surface water at least as effectively as secondary containment during the active life of the tank system or that in the event of a release that does migrate to ground water or surface water, no substantial present or potential hazard will be posed to human health or the environment. New underground tank systems may not, per a demonstration in accordance with paragraph (g)(2) of this section, be exempted from the secondary containment requirements of this section.

1. (1) In deciding whether to grant a variance based on a demonstration of equivalent protection of ground water and surface water, the Department will consider:
   1. (i) The nature and quantity of the wastes;
      1. (ii) The proposed alternate design and operation;
         1. (iii) The hydrogeologic setting of the facility, including the thickness of soils present between the tank system and ground water, and (iv) All other factors that would influence the quality and mobility of the hazardous constituents and the potential for them to migrate to ground water or surface water.
         2. (2) In deciding whether to grant a variance based on a demonstration of no substantial present or potential hazard, the Department will consider:
         3. (i) The potential adverse effects on ground water, surface water, and land quality taking into account:
         4. (A) The physical and chemical characteristics of the waste in the tank system, including its potential for migration.
         5. (B) The hydrogeological characteristics of the facility and surrounding land, (C) The potential for health risks caused by human exposure to waste constituents, (D) The potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents, and (E) The persistence and permanence of the potential adverse effects;
         6. (ii) The potential adverse effects of a release on ground water quality, taking into account:
         7. (A) The quantity and quality of ground water and the direction of ground water flow.
         8. (B) The proximity and withdrawal rates of ground water users, (C) The current and future uses of ground water in the area, and (D) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water quality, (iii) The potential adverse effects of a release on surface water quality, taking into account:
         9. (A) The quantity and quality of ground water and the direction of ground water flow, (B) The patterns of rainfall in the region, (C) The proximity of the tank system to surface waters, (D) The current and future uses of surface waters in the area and any water quality standards established for those surface waters, and (E) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality, and (iv) The potential adverse effects of a release on the land surround the tank system, taking into account:
         10. (A) The patterns of rainfall in the region, and (B) The current and future uses of the surrounding land.
         11. (3) The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements of paragraph (g)(l) of this section, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), must:
         12. (i) Comply with the requirements of § 264.196, except paragraph (d), and (ii) Decontaminate or remove contaminated soil to the extent necessary to:
         13. (A) Enable the tank system for which the variance was granted to resume operation with the capability for the detection of releases at least equivalent to the capability it had prior to the release; and (B) Prevent the migration of hazardous waste or hazardous constituents to ground water or surface water; and (iii) If contaminated soil cannot be removed or decontaminated in accordance with paragraphs (g)(3)(ii) of this section, comply with the requirement of § 264.197(b).
         14. (4) The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements of paragraphs (g)(l) of this section, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), must:
         15. (i) Comply with the requirements of § 264:196 (a), (b), (c), and (d); and (ii) Prevent the migration of hazardous waste or hazardous constituents to ground water or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed or if ground water has been contaminated, the owner or operator must comply with the requirements of § 264.197(b); and (iii) If repairing, replacing or reinstalling the tank system, provide secondary containment in accordance with the requirements of paragraphs (a) through (f) of this section or reapply for a variance from secondary containment and meet the requirements for new tank systems in § 264.192 if the tank system is replaced. The owner or operator must comply with these requirements even if contaminated soil can be decontaminated or removed and ground water or surface water has not been contaminated.

(h) The following procedures must be followed in order to request a variance from secondary containment:

1. (1) The Department must be notified in writing by the owner or operator that he/she intends to conduct and submit a demonstration for a variance from secondary containment as allowed in paragraph (g) according to the following schedule:
   1. (i) For existing tank systems, at least 24 months prior to the date that secondary containment must be provided in accordance with paragraph (a) of this section.
      1. (ii) For new tank systems, at least 30 days prior to entering into a contract for installation.
         1. (2) As part of the notification, the owner or operator must also submit to the Department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration must address each of the factors listed in paragraphs (g)(l) or (g)(2) of this section;
         2. (3) The demonstration for a variance must be completed within 180 days after notifying the Department of an intent to conduct the demonstration; and (4) If a variance is granted under this paragraph, the Department will require the permittee to construct and operate the tank system in the manner that was demonstrated to meet the requirements for the variance.

(i) All tank systems, until such time as secondary containment that meets the requirements of this section is provided, must comply with the following:

1. (1) For non-enterable underground tank, a leak test that meets the requirements of § 264.191(b) (5) or other tank integrity method, as approved or required by the Department, must be conducted at least annually.
   1. (2) For other than non-enterable underground tanks, the owner or operator must either conduct a leak test as in paragraph (i)(l) of this section or develop a schedule and procedure for an assessment of the overall condition of the tank system by an independent, qualified registered professional engineer. The schedule and procedure must be adequate to detect obvious cracks, leaks, and corrosion or erosion that may lead to cracks and leaks. The owner or operator must remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed. The frequency of these assessments must be based on the material of construction of the tank and its ancillary equipment, the age of the system, the type of corrosion or erosion protection use the rate of corrosion or erosion observed during the previous inspection, and the characteristics of the waste being stored or treated.
      1. (3) For ancillary equipment, a leak test or other integrity assessment as approved by the Department must be conducted at least annually.
         1. [NOTE - The practices described in the American Petroleum Institute (API) Publication Guide for Inspection of Refinery Equipment, Chapter XIII, “Atmospheric and love Pressure Storage Tanks”, 4th edition, 1981, may be used where applicable, as guidelines for assessing the overall condition of the tank system.] (4) The owner or operator must maintain on file at the facility a record of the results of the assessments conducted in accordance with paragraphs (i)(l) through (i)(3) of this section.
         2. (5) If a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment in paragraphs (i)(1) through (i)(3) of this section, the owner or operator must comply with the requirements of § 264.196. §264.194 General operating requirements.

(a) Hazardous wastes or treatment reagents must not be placed in a tank system if they could cause the tank, its ancillary equipment, or the containment system to rupture, leak, corrode, or otherwise fail.

(b) The owner or operator must use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include at a minimum:

1. (1) Spill prevention controls (e.g., check valves, dry disconnect couplings);
   1. (2) Overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank); and (3) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation.

(c) The owner or operator must comply with the requirements of § 264.196 if a leak or spill occurs in the tank system.

§264.195 Inspections.

(a) The owner or operator must develop and follow a schedule and procedure for inspecting overfill controls.

(b) The owner or operator must inspect at least once each operating day:

1. (1) Aboveground portions of the tank system, if any, to detect corrosion or releases of waste;
   1. (2) Data gathered from monitoring and leak detection equipment (e.g., pressure or temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design; and (3) The construction materials and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system (e.g., dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead. vegetation).
      1. [NOTE - Section 264.15(c) requires the owner or operator to remedy any deterioration or malfunction he/she finds. Section 264.196 requires the owner or operator to notify the Director within 24 hours of confirming a leak. Also, 40 CFR Part 302 may require the owner or operator to notify the National Response Center of a release.]

(c) The owner or operator must inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly:

1. (1) The proper operation of the cathodic protection system must be confirmed within six months after initial installation and annually thereafter, and (2) All sources of impressed current must: be inspected and/or tested as appropriate, at least bimonthly (i.e., every other month).
   1. [NOTE - The practices described in the National Association of Corrosion Engineers (NACE) standard, “Recommended Practice (RP-02-85) - Control of External Corrosion on Metallic Buried, or Submerged Liquid Storage Systems”, and the American Petroleum Institute (API) Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”, may be used, where applicable, as guidelines in maintaining and inspecting cathodic protection systems.] (d)The owner or operator must document in the operating record of the facility an inspection of those items in paragraphs (a) through (c) of this section.

§264.196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems. A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the owner or operator must satisfy the following requirements:

1. (a) Cessation of Use; prevent flow or addition of wastes. The owner or operator must immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
   1. (b) Removal of waste from tank system or secondary containment system.
      1. (1) If the release was from the tank system, the owner/operator must, within 24 hours after detection of the leak or, if the owner/operator demonstrates that it is not possible, at the earliest practicable time, remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.
         1. (2) If the material released was to a secondary containment system all released materials must be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.
         2. (c) Containment of visible releases to the environment The owner/operator must immediately conduct a visual inspection of the release and based upon that inspection:
         3. (1) Prevent further migration of the leak or spill to soils or surface water; and (2) Remove, and properly dispose of, any visible contamination of the soil or surface water.
         4. (d) Notifications, reports.
         5. (1) Any release to the environment, except as provided in paragraph (d)(2) of this section, must be reported to the Department within 24 hours of its detection. If the release has been reported pursuant to 40 CFR Part 302, that report will satisfy this requirement.
         6. (2) A leak or spill of hazardous waste is exempted from the requirements of this paragraph if it is:
         7. (i) Less than or equal to a quantity of one (1) pound, and, (ii) Immediately contained and cleaned-up.
         8. (3) Within 30 days of detection of a release to the environment, a report containing the following information must be submitted to the Department:
         9. (i) Likely route of migration of the release;
         10. (ii) Characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate);
         11. (iii) Results of any monitoring or sampling conducted in connection with the release (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data must be submitted to the Department as soon as they become available.
         12. (iv) Proximity to downgradient drinking water, surface water, and populated areas; and (v) Description of response actions taken or planned.
         13. (e) Provision of secondary containment, repair, or closure.
         14. (1) Unless the owner/operator satisfies the requirements of paragraphs (e)(2) through (4) of this section, the tank system must be closed in accordance with § 264.197.
         15. (2) If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.
         16. (3) If the cause of the release was a leak from the primary lank system into the secondary containment system, the system must be repaired prior to returning the tank system to service.
         17. (4) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator must provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of § 264.193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an above-ground component that can be inspected visually, the component must be repaired and may be returned to service without secondary containment as long as the requirements of paragraph (f) of this section are satisfied. If a component is replaced to comply with the requirements of this subparagraph, that component must satisfy the requirements for new tank systems or components in §§ 264.192 and 264.193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component must be provided with secondary containment in accordance with § 264.193 prior to being returned to use.
         18. (f) Certification of major repairs. If the owner/operator has repaired a tank system in accordance with paragraph (e) of this section, and the repair has been extensive (e.g., installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system must not be returned to service unless the owner/operator has obtained a certification by an independent, qualified, registered, professional engineer, in accordance with § 100.12(d), that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification must be submitted to the Department within seven days after returning the tank system to use. [NOTE - The EPA or the Department may, on the basis of any information received that there is or has been a release of hazardous waste or hazardous constituents into the environment, issue an order under RCRA sections 3004 (v), 3008(h), or 7003(a) or issue an order under § 264.101 of these regulations (CCR 25-15-301(4)) requiring corrective action or such other response as deemed necessary to protect human health or the environment.] [NOTE - See § 264.15(c) for the requirements necessary to remedy a failure. Also, 40 CFR Part 302 may require the owner or operator to notify the National Response Center of certain releases.] §264.197 Closure and post-closure care.

(a) At closure of a tank system, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.) contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless § 261.3(d) of these regulations applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems must meet all of the requirements specified in Subpart G of this part and Part 266 of these regulations.

(b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in paragraph (a) of this section, then the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post- closure care requirements that apply to landfills (§ 264.310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator must meet all the requirements for landfills specified in Subpart G of this part and Part 266 of these regulations.

(c) If an owner or operator has a tank system that does not have secondary containment that meets the requirements of § 264.193(b) through (f) and has not been granted a variance from the secondary containment requirements in accordance with § 264.l93(g), then:

1. (1) The closure plan for the tank system must include both a plan for complying with paragraph (a) of this section and a contingent plan for complying with paragraph (b) of this section.
   1. (2) A contingent post-closure plan for complying with paragraph (b) of this section must be prepared and submitted as part of the permit application.
      1. (3) The cost estimates calculated for closure and post-closure care must reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under paragraph (a) of this section.
         1. (4) Financial assurance must be based on the cost estimates in paragraph (c)(3) of this section.
         2. (5) For the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans must meet all of the closure, post- closure, and financial responsibility requirements for landfills under Subpart G of this part and Part 266 of these regulations.

§264.198 Special requirements for ignitable or reactive wastes.

(a) Ignitable or reactive waste must not be placed in tank systems, unless:

1. (1) The waste is treated, rendered, or mixed before or immediately after placement in the tank system so that:
   1. (i) The resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive waste under §§ 261.21 or 261.23 of these regulations, and (ii) Section 264.17(b) is complied with;
      1. (2) The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or (3) The tank system is used solely for emergencies.

(b) The owner or operator of a facility where ignitable or reactive waste is stored or treated in a tank must comply with the requirements for the maintenance of protective distances between the waste management area and any pubic ways, streets, alleys, or an adjoining property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's “Flammable and Combustible Liquids Code”, (1977 or 1981), (incorporated by reference, see § 260.11).

§264.199 Special requirements for incompatible wastes.

(a) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same tank system, unless § 264.17(b) is complied with.

(b) Hazardous waste must not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless § 264.17(b) is complied with. §264.200 Air Emission Standards.

The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of Subparts AA, BB, and CC of this part. Subpart K - Surface Impoundments §264.220 Applicability.

The regulations in this subpart apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste except as § 264.1 provides otherwise. §264.221 Design and operating requirements.

(a)Any surface impoundment that is not covered by paragraph (c) of this section or § 265.221 of these regulations must have a liner for all portions of the impoundment (except for existing portions of such impoundments). The liner must be designed, constructed, and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the impoundment. The liner may be constructed of materials that may allow wastes to migrate into the liner (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility, provided that the impoundment is closed in accordance with § 264.228(a)(l). For impoundments that will be closed in accordance with § 264.228(a)(2), the liner must be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility. The liner must be:

1. (1) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
   1. (2) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and (3) Installed to cover all surrounding earth likely to be in contact with the waste or leachate.

(b) The owner or operator will be exempted from the requirements of paragraph (a) of the section if the Department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see § 264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:

1. (1) The nature and quantity of the wastes;
   1. (2) The proposed alternate design and operation;
      1. (3) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the impoundment and ground water or surface water, and (4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.

(c) The owner or operator of each new surface impoundment on which construction commences after January 29,1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29, 1992 and each replacement of an existing surface impoundment unit that is to commence reuse after July 29,1992 must install two or more liners and a leachate collection and removal system between such liners. “Construction commences” is as defined in §

1. 260.10 of these regulations under “existing facility”.
   1. (l)
      1. (i) The liner system must include:
         1. (A) A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and (B) A composite bottom liner, consisting of at least two components. The upper component must be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component must be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component must be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1 x 10-7cm/sec (ii) The liners must comply with paragraphs (a)(l), (2), and (3) of this section.
         2. (2) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by installation of a system that is, at a minimum:
         3. (i) Constructed with a bottom slope of one percent or more;
         4. (ii) Constructed of granular drainage materials with a hydraulic conductivity of 1 x 10-1 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3 x 10-4 m2/sec or more;
         5. (iii) Constructed of materials that are chemically resistant to the waste managed in the surface impoundment and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes and any waste cover materials or equipment used at the surface impoundment;
         6. (iv) Designed and operated to minimize clogging during the active life and post-closure care period; and (v) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sump(s). The design of each sump and removal system must provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
         7. (3) The owner or operator shall collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.
         8. (4) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.

(d) The Department may approve alternative design or operating practices to those specified in paragraph (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:

1. (1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal system specified in paragraph (c) of this section; and (2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.

(e) The Department is authorized to exempt the owner or operator of a monofill from the requirements of paragraph (c) of this section if the following conditions are met:

1. (1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand and such wastes do not contain constituents which would render the wastes hazardous for reasons other than the EP toxicity characteristics in § 261.24; and (2)
   1. (i)
      1. (A) The monofill has at least one liner for which there is no evidence that the liner is leaking. For the purposes of this paragraph, the term “liner” means a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the. requirements of paragraph (c) of this section on the basis of a liner designed, constructed, installed, and operated to prevent hazardous waste from passing beyond the liner, at the closure of such impoundment, the owner or operator must remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of such impoundment will comply with appropriate post-closure requirements, including but not limited to groundwater monitoring and corrective action.
         1. (B) The monofill is located more than one-fourth mile from an underground section of drinking water as defined in 40 CFR § 144.3; and (C) The monofill is in compliance with generally applicable ground water monitoring requirements for facilities with RCRA permits; or (ii) The owner or operator demonstrates that the monofill is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.

(f) The owner or operator of any replacement surface impoundment unit is exempt from paragraph (c) this section if:

1. (1) The existing unit was constructed in compliance with the design standards of sections 3004(o)(l)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act (42 U.S.C. § 6924(0)]; and (2) There is no reason to believe that the liner is not functioning as designed.

(g) A surface impoundment must be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations; overfilling; wind and wave action; rainfall; run-on; malfunctions of level controllers, alarms, and other equipment; and human error.

(h) A surface impoundment must have dikes that are designed, constructed and maintained with sufficient structural integrity to prevent massive failure of the dikes. In ensuring structural integrity, it must not be presumed that the liner system will function without leakage during the active life of the unit.

(i) The Department will specify in the permit ail design and operating practices that are necessary to ensure that the requirements of this section are satisfied. §264.222 Action leakage rate.

(a) The Department shall approve an action leakage rate for surface impoundment units subject to § 264.221(c) or (d). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc).

(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under § 264.226(d) to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and if the unit is closed in accordance with § 264.228(b), monthly during the post-closure care period when monthly monitoring is required under § 264.226(d).

§264.223 Response actions.

(a) The owner or operator of surface impoundment units subject to § 264.221 (c) or (d) must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (b) of this section.

(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

1. (1) Notify the Department in writing of the exceedence within 7 days of the determination;
   1. (2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of my leaks, and short-term actions taken and planned;
      1. (3) Determine to the extent practicable the location, size, and cause of any leak;
         1. (4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
         2. (5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and (6) Within 30 days after the notification chat the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in paragraphs (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the Department a report summarizing the results of any remedial actions taken and actions planned.

(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or operator must:

1. (1)
   1. (i) Assess the source of liquids and amounts of liquids by source, (ii) Conduct a fingerprint, hazardous, constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and (iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or (2) Document why such assessments are not needed.

§§264.224 through 264.225 [Reserved] §264.226 Monitoring and inspection.

(a) During construction and installation, liners (except in the case of existing portions of surface impoundments exempt from § 264.221(a)) and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:

1. (1) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and (2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

(b) While a surface impoundment is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

1. (1) Deterioration, malfunctions, or improper operation of overtopping control systems;
   1. (2) Sudden drops in the level of the impoundment's contents; and (3) Severe erosion or other signs of deterioration in dikes or other containment devices.

(c) Prior to the issuance of a permit, and after any extended period of time (at least six months) during which the impoundment was not in service, the owner or operator must obtain a certification from a qualified engineer that the impoundment's dike, including that portion of any dike which provides freeboard, has structural integrity. The certification must establish, in particular, that the dike:

1. (1) Will withstand the stress of the pressure exerted by the types and amounts of wastes to be placed in the impoundment; and (2) Will not fail due to scouring or piping, without dependence on any liner system included in the surface impoundment construction.

(d)

1. (l) An owner or operator required to have a leak detection system under § 264.221(c) or (d) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
   1. (2) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
      1. (3) “Pump operating level” is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. §264.227 Emergency repairs; contingency plans.

(a) A surface impoundment must be removed from service in accordance with paragraph (b) of this section when:

1. (1) The level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the flows into or out of the impoundment; or (2) The dike leaks.

(b) When a surface impoundment must be removed from service as required by paragraph (a) of this section, the owner or operator must;

1. (1) Immediately shut off the flow or stop the addition of wastes into the impoundment;
   1. (2) Immediately contain any surface leakage which has occurred or is occurring;
      1. (3) Immediately stop the leak;
         1. (4) Take any other necessary steps to stop or prevent catastrophic failure;
         2. (5) If a leak cannot be stopped by any other means, empty the impoundment; and (6) Notify the Department of the problem in writing within seven days after detecting the problem.

(c) As part of the contingency plan required in Subpart D of this part, the owner or operator must specify a procedure for complying with the requirements of paragraph (b) of this section.

(d) No surface impoundment that has been removed from service in accordance with the requirements of this section may be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken;

1. (1) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural integrity must be recertified in accordance with § 264.226(c).
   1. (2) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then;
      1. (i) For any existing portion of the impoundment, a liner must be installed in compliance with § 264.221(a); and (ii) For any other portion of the impoundment, the repaired liner system must be certified by a qualified engineer as meeting the design specifications approved in the permit.

(e) A surface impoundment that has been removed from service in accordance with the requirements of this section and that is not being repaired must be closed in accordance with the provisions of § 264.228.

§264.228 Closure and post-closure care.

(a) At closure, the owner or operator must;

1. (1) Remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless § 261.3(d) of these regulations applies; or (2)
   1. (i) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;
      1. (ii) Stabilize remaining wastes to a bearing capacity sufficient to support final cover; and (iii) Cover the surface impoundment with a final cover designed and constructed to;
         1. (A) Provide long-term minimization of the migration of liquids through the closed impoundment;
         2. (B) Function with minimum maintenance;
         3. (C) Promote drainage and minimize erosion or abrasion of the final cover, (D) Accommodate settling and subsidence so that the cover's integrity is maintained; and (E) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(b) If some waste residues or contaminated materials are left in place at final closure, the owner or operator must comply with all post-closure requirements contained in §§ 264.117 through 264.120, including maintenance and monitoring throughout the post-closure care period (specified in the permit under § 264.117).- The owner or operator must:

1. (1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
   1. (2) Maintain and monitor the leak detection system in accordance with §§ 264.221(c)(2)(iv) and (3) and 264.226(d), and comply with all other applicable leak detection system requirements of this part;
      1. (3) Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of Subpart F of this part; and (4) Prevent run-on and run-off from eroding or otherwise damaging the final cover. (c)
         1. (1) If an owner or operator plans to close a surface impoundment in accordance with paragraph (a)(l) of this section, and the impoundment does not comply with the liner requirements of § 264.221 (a) and is not exempt from them in accordance with § 264.221(b), then:
         2. (i) The closure plan for the impoundment under § 264.112 must include both a plan for complying with paragraph (a)(l) of this section and a contingent plan for complying with paragraph (a)(2) of this section in case not all contaminated subsoils can be practicably removed at-closure; and (ii) The owner or operator must prepare a contingent post-closure plan under § 264.118 for complying with paragraph (b) of this section in case not all contaminated subsoils can be practicably removed at closure.
         3. (2) The cost estimates calculated under §§ 266.12 and 266.13 for closure and post-closure care of an impoundment subject to this paragraph must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under paragraph (a)(l) of this section. §264.229 Special requirements for ignitable or reactive waste. Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy all requirements of Part 268, and:
         4. (a) The waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:
         5. (1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 263.21 or § 261.23 of these regulations; and (2) Section 264.17(b) is complied with; or (b) The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react; or (c) The surface impoundment is used solely for emergencies. §264.230 Special requirements for incompatible wastes.

Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this part for examples) must not be placed in the same surface impoundment, unless § 264.17(b) is complied with. §264.231 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027.

(a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 must not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements of this Part The factors to be considered are:

1. (1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere; (2)The attenuative properties of underlying and surrounding soils or other materials;
   1. (3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring techniques.

(b) The Department may determine that additional design, operating, and monitoring requirements are necessary for surface impoundments managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment. §264.232 Air Emission Standards.

The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of Subparts BB and CC of this part. §§264.233 through 264.249 [Reserved] Subpart L - Waste Piles §264.250 Applicability.

(a) The regulations in this subpart apply to owners and operators of faculties that store or treat hazardous waste in piles, except as § 264.1 provides otherwise.

(b) The regulations in this subpart do not apply to owners or operators or waste piles that are closed with wastes left in place. Such waste piles are subject to regulation under Subpart N of this part (Landfills).

(c) The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to regulation under § 264.251 or under Subpart F of this part, provided that:

1. (1) Liquids or materials containing free liquids are not placed in the pile;
   1. (2) The pile is protected from surface water run-on by the structure or in some other manner, (3) The pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting; and (4) The pile will not generate leachate through decomposition or other reactions. §264.251 Design and operating requirements.

(a) A waste pile (except for an existing portion of a waste pile) must have:

1. (1) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility. The liner must be:
   1. (i) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
      1. (ii) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and (iii) Installed to cover all surrounding earth likely to be in contact with the waste or leachate; and (2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must be:
         1. (i) Constructed of materials that are:
         2. (A) Chemically resistant to the waste managed in the pile and the leachate expected to be generated; and (B) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying wastes, waste cover materials, and by any equipment used at the pile; and (ii) Designed and operated to function without clogging through the scheduled closure of the waste pile.

(b) The owner or operator will be exempted from the requirements of paragraph (a) of this section if the Department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see § 264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:

1. (1) The nature and quantity of the wastes;
   1. (2) The proposed alternate design and operation;
      1. (3) The hydrogeologic setting of the facility, including attenuative capacity and thickness of the liners and soils present between the pile and ground water or surface water; and (4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.

(c) The owner or operator of each new waste pile unit on which construction commences after January 29,1992, each lateral expansion of a waste pile unit on which construction commences after July 29,1992, and each replacement of an existing waste pile unit that is to commence reuse after July 29,1992 must install two or more liners and a leachate collection and removal system above and between such liners. “Construction commences” is as defined in § 260.10 under “existing facility”. (l)

1. (i) The liner system must include:
   1. (A) A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and (B) A composite bottom liner, consisting of at least two components. The upper component must be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component must be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component must be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1 x 10-7cm/sec.
      1. (ii) The liners must comply with paragraphs (a)(l)(i), (ii), and (iii) of this section.
         1. (2) The leachate collection and removal system immediately above the top liner must be designed, constructed, operated, and maintained to collect and remove leachate from the waste pile during the active life and post-closure care period. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must comply with paragraphs (c)(3)(iii) and (iv) of this section.
         2. (3) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by installation of a system that is, at a minimum:
         3. (i) Constructed with a bottom slope of one percent or more;
         4. (ii) Constructed of granular drainage materials with a hydraulic conductivity of 1 x 10-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3 x 10 -5 m2/sec or more:
         5. (iii) Constructed of materials that are chemically resistant to the waste managed in the waste pile and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the waste pile;
         6. (iv) Designed and operated to minimize clogging during the active hie and post-closure care period; and (v) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove.liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sump(s). The design of each sump and removal system must provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
         7. (4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.
         8. (5) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.

(d) The Department may approve alternative design or operating practices to those specified in paragraph (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:

1. (1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in paragraph (c) of this section; and (2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.

(e) Paragraph (c) of this section does not apply to monofills that are granted a waiver by the Department in accordance with § 264.221(e).

(f) The owner or operator of any replacement waste pile unit is exempt from paragraph (c) of this section if:

1. (1) The existing unit was constructed in compliance with the design standards of section. 3004(o) (l)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act [42 U.S.C. § 6924(c)]; and (2) There is no reason to believe that the liner is not functioning as designed.

(g) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 100- year storm.

(h) The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 100-year storm.

(i) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

(j) If the pile contains any particulate matter which may be subject to wind dispersal, the owner or operator must cover or otherwise manage the pile to control wind dispersal.

(k) The Department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied. §264.252 Action leakage rate.

(a) The Department shall approve an action leakage rate for waste pile units subject to § 264.251(c) or (d). The action leakage rate is the maximum design flow rate that the leak detection system (IDS) can remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly flow rate from the monitoring data obtained under § 264.254(c), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period.

§264.253 Response actions.

(a) The owner or operator of waste pile units subject to § 264.251(c) or (d) must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (b) of this section.

(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

1. (1) Notify the Department in writing of the exceedence within 7 days of the determination;
   1. (2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
      1. (3) Determine to the extent practicable the location, size, and cause of any leak;
         1. (4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
         2. (5) Determine any other short-term and long-term actions to be taken to mitigate or stop any leaks; and (6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in paragraphs (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the Department a report summarizing the results of any remedial actions taken and actions planned.

(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or operator must:

1. (1)
   1. (i) Assess the source of liquids and amounts of liquids by source, (ii) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and (iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or (2) Document why such assessments are not needed.

§264.254 Monitoring and inspection.

(a) During construction or installation, liners (except in the case of existing portions of piles exempt from § 264.251(a)) and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:

1. (1) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and (2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

(b) While a waste pile is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

1. (1) Deterioration, malfunctions, or improper operation of run-on and : run-off control systems;
   1. (2) Proper functioning of wind dispersal control systems, where present; and (3) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.

(c)An owner or operator required to have a leak detection system under § 264.251(c) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

§264.255 [Reserved] §264.256 Special requirements for ignitable or reactive waste. Ignitable or reactive waste must not be placed in a waste pile unless the waste and waste pile satisfy all applicable requirements of Part 268, and:

1. (a) The waste is treated, rendered, or mixed before or immediately after placement in the pile so that:
   1. (1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of these regulations; and (2) Section 264.17(b) is complied with; or (b) The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.

§264.257 Special requirements for incompatible wastes.

(a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this part for examples) must not be placed in the same pile, unless § 264.17(b) is complied with.

(b) A pile of hazardous waste that is incompatible with any waste or other material stored. nearby in containers, other piles, open tanks, or surface impoundments must be separated from the other materials, or protected from them by means of a dike, berm, wall, or other device.

(c) Hazardous waste must not be piled on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to ensure compliance with § 264.17(b).

§264.258 Closure and post-closure care.

(a) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless § 261.3(d) of these regulations applies.

(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (a) of this section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he/she must close the facility and perform post- closure care in accordance with the closure and post-closure care requirements that apply to landfills (§ 264.310).

(c)

1. (l) The owner or operator of a waste pile that does not comply with the liner requirements of § 264.251(a)(l) and is not exempt from them in accordance with § 264.250(c) or § 264.251(b), must:
   1. (i) Include in the closure plan for the pile under § 264.112 both a plan for complying with paragraph (a) of this section and a contingent plan for complying with paragraph (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and (ii) Prepares a contingent post-closure plan under § 264.118 for complying with paragraph (b) of this section in case not all contaminated subsoils can be practicably removed at closure.
      1. (2) The cost estimates calculated under §§ 266.12 and 266.13 for closure and post-closure care of a pile subject to this paragraph must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under paragraph (a) of this section. §264.259 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027.

(a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 must not be placed in waste piles that are not enclosed (as defined in § 264.250(c)) unless the owner or operator operates the waste pile in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements of this Part. The factors to be considered are:

1. (1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
   1. (2) The attenuative properties of underlying and surrounding soils or other materials;
      1. (3) The mobilizing properties of other materials co-disposed with these wastes; and (4)The effectiveness of additional treatment, design, or monitoring techniques.

(b) The Department may determine that additional design, operating, and monitoring requirements are necessary for piles managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.

§264.260 - §264.269 [Reserved] Subpart M - Land Treatment §264.270 Applicability.

The regulations in this subpart apply to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as § 264.1 provides otherwise. §264.271 Treatment program.

(a) An owner or operator subject to this subpart must establish a land treatment program that is designed to ensure that hazardous constituents placed in or on the treatment zone are degraded, transformed, or immobilized within the treatment zone. The Department will specify in the facility permit the elements of the treatment program, including:

1. (1) The wastes that are capable of being treated at the unit based on a demonstration under § 264.272;
   1. (2) Design measures and operating practices necessary to maximize the success of degradation, transformation, and immobilization processes in the treatment zone in accordance with § 264.273(a); and (3) Unsaturated zone monitoring provisions meeting the requirements of § 264.278.

(b) The Department will specify in the facility permit the hazardous constituents that must be degraded, transformed, or immobilized under this subpart. Hazardous constituents are constituents identified in Appendix VIII of Part 261 of these regulations, that are reasonably expected to be in, or derived from, waste placed in or on the treatment zone.

(c) The Department will specify the vertical and horizontal dimensions of the treatment zone in the facility permit The treatment zone is the portion of the unsaturated zone below and including the land surface in which the owner or operator intends to maintain the conditions necessary for effective degradation, transformation, or immobilization of hazardous constituents. The maximum depth of the treatment zone must be:

1. (1) No more than 1.5 meters (5 feet) from the initial soil surface; and (2) More than 1 meter (3 feet) above the seasonal high water table. §264.272 Treatment demonstration.

(a) For each waste that will be applied to the treatment zone, the owner or operator must demonstrate, prior to application of the waste, that hazardous constituents in the waste can be completely degraded, transformed, or immobilized in the treatment zone.

(b) In making this demonstration, the owner or operator may use field tests, laboratory analyses, available data, or, in the case of existing units, operating data. If the owner or operator intends to conduct field tests or laboratory analyses in order to make the demonstration required under paragraph (a) of this section, he/she must obtain a treatment or disposal permit under § 100.22(d). The Department will specify in this permit the testing, analytical design, and operating requirements (including the duration of the tests and analyses, and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and clean-up activities) necessary to meet the requirements in paragraph (c) of this section.

(c) Any field test or laboratory analysis conducted in order to make a demonstration under paragraph (a) of this section must:

1. (1) Accurately simulate the characteristics and operating conditions for the proposed land treatment unit including:
   1. (i) The characteristics of the waste (including the presence of Appendix VIII of Part 261 of these regulations constituents);
      1. (ii) The climate in the area;
         1. (iii) The topography of the surrounding area;
         2. (iv) The characteristics of the soil in the treatment zone (including depth); and (v) The operating practices to be used at the unit.
         3. (2) Be likely to show that hazardous constituents in the waste to be tested will be completely degraded, transformed, or immobilized in the treatment zone of the proposed land treatment unit; and (3) Be conducted in a manner that protects human health and the environment considering:
         4. (i) The characteristics of the waste to be tested;
         5. (ii) The operating and monitoring measures taken during the course of the test;
         6. (iii) The duration of the test;
         7. (iv) The volume of waste used in the test;
         8. (v) In the case of field tests, the potential for migration of hazardous constituents to ground water or surface water.

§264.273 Design and operating requirements.

The Department will specify in the facility permit how the owner or operator will design, construct, operate, and maintain the land treatment in compliance with this section.

1. (a) The owner or operator must design, construct, operate, and maintain the unit to maximize the degradation, transformation, and immobilization of hazardous constituents in the treatment zone. The owner or operator must design, construct, operate, and maintain the unit in accord with all design and operating conditions that were used in the treatment demonstration under § 264.272. At a minimum, the Department will specify the following in the facility permit:
   1. (1) The rate and method of waste application to the treatment zone;
      1. (2) Measures to control soil pH;
         1. (3) Measures to enhance microbial or chemical reactions (e.g., fertilization, tilling); and (4) Measures to control the moisture content of the treatment zone.
         2. (b) The owner or operator must design, construct, operate, and maintain the treatment zone to minimize run-off of hazardous constituents during the active life of the land treatment unit.
         3. (c) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the treatment zone during peak discharge from at least a 100-year storm.
         4. (d) The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 100-year storm.
         5. (e) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system.
         6. (f) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator must manage the unit to control wind dispersal. (g)The owner or operator must inspect the unit weekly and after storms to detect evidence of:
         7. (1) Deterioration, malfunctions, or improper operation of run-on and run-off control systems; and (2) Improper functioning of wind dispersal control measures. §264.274 - §264.275 [Reserved] §264.276 Food-chain crops.

The Department may allow the growth of food-chain crops in or on the treatment zone only if the owner or operator satisfies the conditions of this section. The Department will specify in the facility permit the specific food-chain crops which may be grown.

1. (a)
   1. (l) The owner or operator must demonstrate that there is no substantial risk to human health caused by the growth of such crops in or on the treatment zone by demonstrating, prior to the planting of such crops, that hazardous constituents other than cadmium;
      1. (i) Will not be transferred to the food or feed portions of the crop by plant uptake or direct contact, and will not otherwise be ingested by food-chain animals (e.g., by grazing); or (ii) Will not occur in greater concentrations in or on the food or feed portions of crops grown on the treatment zone than in or on identical portions of the same crops grown on untreated soils under similar conditions in the same region.
         1. (2) The owner or operator must make the demonstration required under this paragraph prior to the planting of crops at the facility for all constituents identified in Appendix VIII of Part 261 of these regulations that are reasonably expected to be in, or derived from, waste placed in or on the treatment zone.
         2. (3) In making a demonstration under this paragraph, the owner or operator may use field tests, greenhouse studies, available data, or, in the case of existing units, operating data, and must:
         3. (i) Base the demonstration on conditions similar to those present in the treatment zone, including soil characteristics (e.g., pH, cation exchange capacity), specific wastes, application rates, application methods, and crops to be grown; and (ii) Describe the procedures used in conducting any tests, including the sample selection criteria, sample size, analytical methods, and statistical procedures.
         4. (4) If the owner or operator intends to conduct field tests or greenhouse studies in order to make the demonstration required under this paragraph, he/she must obtain a permit for conducting such activities.
         5. (b) The owner or operator must comply with the following conditions if cadmium is contained in wastes applied to the treatment zone:

            (l)

         6. (i) The pH of the waste and soil mixture must be 6.5 or greater at the time of each waste application, except for waste containing cadmium at concentrations of 2 mg/kg (dry weight) or less;
         7. (ii) The annual application of cadmium from waste must not exceed 05 kilograms per hectare (kg/ha) on land used for production of tobacco, leafy vegetables, or root crops grown for human consumption. For other food- chain crops, the annual cadmium application rate must not exceed: Time period Annual Cd application rate (kilograms per hectare)

      Present to June 30, 1984 2.0 July 1, 1984 to December 1.25 31, 1986 Beginning January 1, 0.5

      1. (iii) The cumulative application of cadmium from waste must not exceed 5 kg/ha if the waste and soil mixture has a pH of less than 6.5; and (iv) If the waste and soil mixture has a pH of 6.5 or greater or is maintained at a pH of 6.5 or greater during crop growth, the cumulative application of cadmium from waste must not exceed: 5 kg/ha if soil cation exchange capacity (CEC) is less than 5 meq/l00g; 10 kg/ha if soil CEC is 5-15 meq/l00g; and 20 kg/ha if soil CEC is greater than 15 meq/l00g; or (2)
         1. (i) Animal feed must be the only food-chain crop produced;
         2. (ii) The pH of the waste and soil mixture must be 6.5 or greater at the time of waste application or at the time the crop is planted, whichever occurs later, and this pH level must be maintained whenever food-chain crops are grown;
         3. (iii) There must be an operating plan which demonstrates how the animal feed will be distributed to preclude ingestion by humans. The operating plan must describe the measures to be taken to safeguard against possible health hazards from cadmium entering the food chain, which may result from alternative land uses; and (iv) Future property owners must be notified by a stipulation in the land record or property deed which states that the property has received waste at high cadmium application rates and that food-chain crops must not be grown except in compliance with paragraph (b)(2) of this section. §264.277 [Reserved] §264.278 Unsaturated zone monitoring.

An owner or operator subject to this subpart must establish an unsaturated zone monitoring program to discharge the following responsibilities:

1. (a) The owner or operator must monitor the soil and soil-pore liquid to determine whether hazardous constituents migrate out of the treatment zone.
   1. (1) The Department will specify the hazardous constituents to be monitored in the facility permit. The hazardous constituents to be monitored are those specified under § 264.271(b).
      1. (2) The Department may require monitoring for principal hazardous constituents (PHCs) in lieu of the constituents specified under § 264.271(b). PHCs are hazardous constituents contained in the wastes to be applied at the unit that are the most difficult to treat, considering the combined effects of degradation, transformation, and immobilization. The Director will establish PHCs if he/she finds, based on waste analyses, treatment demonstrations, or other data, that effective degradation, transformation, or immobilization of the PHCs will assure treatment of at least equivalent levels for the other hazardous constituents in the wastes.
         1. (b) The owner or operator must install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using devices such as lysimeters. The unsaturated zone monitoring system must consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:
         2. (1) Represent the quality of background soil-pore liquid quality and the chemical make- up of soil that has not been affected by leakage from the treatment zone; and (2) Indicate the quality of soil-pore liquid and the chemical make-up of the soil below the treatment zone.
         3. (c) The owner or operator must establish a background value for each hazardous constituent to be monitored under paragraph (a) of this section. The permit will specify the background values for each constituent or specify the procedures to be used to calculate the background values.
         4. (1) Background soil values may be based on a one-time sampling at a background plot having characteristics similar to those of the treatment zone.
         5. (2) Background soil-pore liquid values must be based on at least quarterly sampling for one year at a background plot having characteristics similar to those of the treatment zone.
         6. (3) The owner or operator must express all background values in a form necessary for the determination of statistically significant increases under paragraph (f) of this section.
         7. (4) In taking samples used in the determination of all background values, the owner or operator must use an unsaturated zone monitoring system that complies with paragraph (b)(l) of this section.
         8. (d) The owner or operator must conduct soil monitoring and soil-pore liquid monitoring immediately below the treatment zone. The Department will specify the frequency and timing of soil and soil-pore liquid monitoring in the facility permit after considering the frequency, timing, and rate of waste application, and the soil permeability. The owner or operator must express the results of soil and soil-pore liquid monitoring in a form necessary for the determination of statistically significant increases under paragraph (f) of this section.
         9. (e) The owner or operator must use consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality and the chemical make-up of the soil below the treatment zone. At a minimum, the owner or operator must implement procedures and techniques for:
         10. (1) Sample collection;
         11. (2) Sample preservation and shipment;
         12. (3) Analytical procedures; and (4) Chain of custody control.
         13. (f) The owner or operator must determine whether there is a statistically significant change over background values for any hazardous constituent to be monitored under paragraph (a) of this section below the treatment zone each time he/she conducts soil monitoring and soil- pore liquid monitoring under paragraph (d) of this section.
         14. (1) In determining whether a statistically significant increase has occurred, the owner or operator must compare the value of each constituent, as determined under paragraph (d) of this section, to the background value for that constituent according to the statistical procedure specified in the facility permit under this paragraph.
         15. (2) The owner or operator must determine whether there has been a statistically significant increase below the treatment zone within a reasonable time period after completion of sampling. The Department will specify that time period in the facility permit after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil-pore liquid samples.
         16. (3) The owner or operator must determine whether there is a statistically significant increase below the treatment zone using a statistical procedure that provides reasonable confidence that migration from the treatment zone will be identified. The Director will specify a statistical procedure in the facility permit that he/she finds:
         17. (i) Is appropriate for the distribution of the data used to establish background values; and (ii) Provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and the probability of failing to identify real migration from the treatment zone.
         18. (g) If the owner or operator determines pursuant to paragraph (f) of this section, that there is a statistically significant increase of hazardous constituents below the treatment zone, he/she must:
         19. (1) Notify the Department of this finding in writing within seven days. The notification must indicate what constituents have shown statistically significant increases.
         20. (2) Within 90 days, submit to the Department an application for a permit modification to modify the operating practices at the facility in order to maximize the success of degradation, transformation, or immobilization processes in the treatment zone.
         21. (h) If the owner or operator determines, pursuant to paragraph (f) of this section, that there is a statistically significant increase of hazardous constituents below the treatment zone, he/she may demonstrate that a source other than regulated units caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. While the owner or operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting a permit modification application under paragraph (g)(2) of this section, he/she is not relieved of the requirement to submit a permit modification application within the time specified in paragraph (g)(2) of this section unless the demonstration made under this paragraph successfully shows that a source other than regulated units caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration under this paragraph, the owner or operator must:
         22. (1) Notify the Department in writing within seven days of determining a statistically significant increase below the treatment zone that he/she intends to make a determination under this paragraph;
         23. (2) Within 90 days, submit a report to the Department demonstrating that a source other than the regulated units caused the increase or that the increase resulted from error in sampling, analysis, or evaluation;
         24. (3) Within 90 days, submit to the Department an application for a permit modification to make any appropriate changes to the unsaturated zone monitoring program at the facility; and (4) Continue to monitor in accordance with the unsaturated zone monitoring program established under this section.

§264.279 Recordkeeping.

The owner or operator must include hazardous waste application dates and rates in the operating record required under § 264.73.

§264.280 Closure and post-closure care.

(a) During the closure period the owner or operator must:

1. (1) Continue all operations (including pH control) necessary to maximize degradation, transformation, or immobilization of hazardous constituents within the treatment zone as required under § 264.273(a), except to the extent such measures are inconsistent with paragraph (a)(8) of this section.
   1. (2) Continue all operations in the treatment zone to minimize run-off of hazardous constituents as required under § 264.273(b);
      1. (3) Maintain the run-on control system required under § 264.273(c);
         1. (4) Maintain the run-off control system required under § 264.273(d);
         2. (5) Control wind dispersal of hazardous waste if required under § 264.273(f);
         3. (6) Continue to comply with any prohibitions or conditions concerning growth of food-chain crops under § 264.276;
         4. (7) Continue unsaturated zone monitoring in compliance with § 264.278, except that soil-pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone; and (8) Establish a vegetative cover on the portion of the facility being closed at such time that the cover will not substantially impede degradation, transformation, or immobilization of hazardous constituents in the treatment zone. The vegetative cover must be capable of maintaining growth without extensive maintenance.

(b) For the purpose of complying with § 264.115, when closure is completed the owner or operator may submit to the Department certification by an independent qualify soil scientist, in lieu of an independent registered professional engineer, that the facility has been dosed in accordance with the specifications in the approved closure plan.

(c) During the post-closure care period the owner or operator must:

1. (1) Continue all operations (including pH control) necessary to enhance degradation and transformation and sustain immobilization of hazardous constituents in the treatment zone to the extent that such measures are consistent with other post-closure activities;
   1. (2) Maintain a vegetative cover over closed portions of the facility;
      1. (3) Maintain the run-on control system required under § 264.273(c);
         1. (4) Maintain the run-off management system require under § 264.273(d);
         2. (5) Control wind dispersal of hazardous waste if required under § 264.273(f);
         3. (6) Continue to comply with any prohibitions or conditions concerning growth of food-chain crops under § 264.276; and (7) Continue unsaturated zone monitoring in compliance with § 264.278, except that soil-pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone.

(d) The owner or operator is not subject to regulation under paragraphs (a)(8) and (c) of this section if the Department finds that the level of hazardous constituents in the treatment zone soil does not exceed the background value of those constituents by an amount that is statistically significant when using the test specified in paragraph (d)(3) of this section. The owner or operator may submit such a demonstration to the Department at any time during the closure or post-closure care periods. For the purposes of this paragraph:

1. (1) The owner or operator must establish background soil values and determine whether there is a statistically significant increase over those values for all hazardous constituents specified in the facility permit under § 264.271(b).
   1. (i) Background soil values may be based on a one-time sampling of a background plot having characteristics similar to those of the treatment zone.
      1. (ii) The owner or operator must express background values and values for hazardous constituents in the treatment zone in a form necessary for the determination of statistically significant increases under paragraph (d)(3) of this section.
         1. (2) In taking samples used in the determination of background and treatment zone values, the owner or operator must take samples at a sufficient number of sampling points and at appropriate locations and depths to yield samples that represent the chemical make-up of soil that has not been affected by leakage from the treatment zone and the soil within the treatment zone, respectively.
         2. (3) In determining whether a statistically significant increase has occurred, the owner or operator must compare the value of each constituent in the treatment zone to the background value for that constituent using a statistical procedure that provides reasonable confidence that constituent presence in the treatment zone will be identified. The owner or operator must use a statistical procedure that:
         3. (i) Is appropriate for the distribution of the data used to establish background values; and (ii) Provides a reasonable balance between the probability of falsely identifying hazardous constituent presence in the treatment zone and the probability of failing to identifying real presence in the treatment zone.

(e) The owner or operator is not subject to regulation under Subpart F of these regulations if the Department finds that the owner or operator satisfies paragraph (d) of this section and if unsaturated zone monitoring under § 264.278 indicates that hazardous constituents have not migrated beyond the treatment zone during the active life of the land treatment unit. §264.281 Special requirements for ignitable or reactive waste. The owner or operator must not apply ignitable or reactive waste to the treatment zone unless the waste and the treatment zone meet all applicable requirements of Part 268, and:

1. (a) The waste is immediately incorporated into the soil so that:
   1. (1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of these regulations, and (2) Section 264.17(b) is complied with; or (b) The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react §264.282 Special requirements for incompatible wastes.

The owner or operator must not place incompatible wastes, or incompatible wastes and materials (See Appendix V of this part for examples), in or on the same treatment zone, unless § 264.17(b) is complied with.

§264283 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027.

(a) Hazardous Wastes F020, F02L, F022, P023, F026, F027 must not be placed in a land treatment unit unless the owner or operator operates the facility in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements of this Part. The factors to be considered are:

1. (1)The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
   1. (2) The alternative properties of underlying and surrounding soils or other materials;
      1. (3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring techniques.

(b) The Department may determine that additional design, operating, and monitoring requirements are necessary for land treatment facilities managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment. §§264.284 through 264.299 [Reserved] Subpart N - Landfills §264.300 Applicability.

The regulations in this subpart apply to owners or operators of facilities that dispose of hazardous waste in landfills, except as § 264.1 provides otherwise.

§264.301 Design and operating requirements.

(a) Any landfill that is not covered by paragraph (c) of this section or § 265.301(a) of these regulations must have a liner system for all portions of the landfill (except for existing portions of such landfill). The liner system must have:

1. (1) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at anytime during the active life (including the closure period) of the landfill. The liner must be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The liner must be:
   1. (i) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
      1. (ii) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and (iii) Installed to cover all surrounding earth likely to be in contact with the waste or leachate; and (2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must be:
         1. (i) Constructed of materials that are:
         2. (A) Chemically resistant to the waste managed in the landfill and the leachate expected to be generated; and (B) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the landfill; and (ii) Designed and operated to function without dogging through the scheduled closure of the landfill.

(b) The owner or operator will be exempted from the requirements of paragraph (a) of this section if the Department finds, based on a demonstration by the owner or operator, that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see § 264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:

1. (1) The nature and quantity of the wastes;
   1. (2) The proposed alternate design and operation;
      1. (3) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and ground water or surface water; and (4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.

(c) The owner or operator of each new landfill unit on which construction commences after January 29,1992, each lateral expansion of a landfill unit on which construction commences after July 29,1992, and each replacement of an existing landfill unit that is to commence reuse after July 29,1992 must install two or more liners and a leachate collection and removal system above and between such liners. “Construction commences” is as defined in § 260.10 of these regulations under “existing facility”.

1. (1)
   1. (i) The liner system must include:
      1. (A) A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and (B) A composite bottom liner, consisting of at least two components. The upper component must be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component must be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component must be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1 x 10-7 cm/sec (ii) The liners must comply with paragraphs (a)(l)(i), (ii), and (iii) of this section.
         1. (2) The leachate collection and removal system immediately above the top liner must be designed, constructed, operated, and maintained to collect and remove leachate from the landfill during the active life and post-closure care period. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must comply with paragraphs (c)(3)(iii) and (iv) of this section.
         2. (3) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by installation of a system that is, at a minimum:
         3. (i) Constructed with a bottom slope of one percent or more;
         4. (ii) Constructed of granular drainage materials with a hydraulic conductivity of 1 x 10-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3 x 10-5 m2/sec or more;
         5. (iii) Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the landfill;
         6. (iv) Designed and operated to minimize clogging during the active life and post-closure care period; and (v) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each user must have its own sump(s). The design of each sump and removal system must provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
         7. (4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.
         8. (5) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.

(d) The Department may approve alternative design or operating practices to those specified in paragraph (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:

1. (1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in paragraph (c) of this section; and (2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.

(e) The double liner requirement set forth in paragraph (c) of this section may be waived by the Department for any monofill, if:

1. (1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than the Toxicity Characteristic in § 261.24 of these regulations, with EPA Hazardous Waste Numbers D004 through D017; and (2)
   1. (i)
      1. (A) The monofill has at least one liner for which there is no evidence that the liner is leaking;
         1. (B) The monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in 40 CFR § 144.3); and (C) The monofill is in compliance with generally applicable ground water monitoring requirements for facilities with permits under RCRA 3005(c) [42 U.S.C. § 6925(c)]; or (ii) The owner or operator demonstrates that the monofill is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.

(f) The owner or operator of any replacement landfill unit is exempt from paragraph (c) of this section if:

1. (1) The existing unit was constructed in compliance with the design standards of section 3004(o) (l)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act [42 U.S.C § 6924(o); and (2) There is no reason to believe that the liner is not functioning as designed.

(g) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 100- year storm.

(h) The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 100-year storm.

(i) Collection and holding facilities(e.g., tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

(j) If the landfill contains any particulate matter which may be subject to wind dispersal, the owner or operator must cover or otherwise manage the landfill to control wind dispersal.

(k) The Department will specify in the permit ail design and operating practices that are necessary to ensure that the requirements of this section are satisfied. §264.302 Action leakage rate.

(a) The Department shall approve an action leakage rate for landfill units subject to § 264.301(c) or (d). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding 1 foot The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and dogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under § 264.303(c), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and monthly during the post-closure care period when monthly monitoring is required under § 264.303(c).

§264.303 Monitoring and inspection.

(a) During construction or installation, liners (except in the case of existing portions of landfills exempt from § 264.301(a)) and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:

1. (1) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and (2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

(b) While a landfill is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

1. (1) Deterioration, malfunctions, or improper operation of run-on and run-off control systems;
   1. (2) Proper functioning of wind dispersal control systems, where present; and (3) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.

(c)

1. (l) An owner or operator required to have a leak detection system under § 264.301(c) or (d) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
   1. (2) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be recorded at least monthly. If the liquid level in the sump stays below the-pump operating level for two consecutive months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
      1. (3) “Pump operating level” is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. §264.304 Response actions.

(a) The owner or operator of landfill units subject to § 264.301(c) or (d) must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (b) of this section.

(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

1. (1) Notify the Department in writing of the exceedence within 7 days of the determination;
   1. (2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
      1. (3) Determine to the extent practicable the location, size, and cause of any leak;
         1. (4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
         2. (5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and (6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in paragraphs (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the Department a report summarizing the results of any remedial actions taken and actions planned.

(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or operator must:

1. (1)
   1. (i) Assess the source of liquids and amounts of liquids by source, (ii) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and (iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or (2) Document why such assessments are not needed.

§§264.305 through 264.308 [Reserved] §264.309 Surveying and recordkeeping.

The owner or operator of a landfill must maintain the following items in the operating record required under § 264.73:

1. (a) On a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks; and (b) The contents of each cell and the approximate location of each hazardous waste type within each cell.

§264.310 Closure and post-closure care.

(a) At final closure of the landfill or upon closure of any cell, the owner or operator must cover the landfill or cell with a final cover designed and constructed to:

1. (1) Provide long-term minimization of migration of liquids through the dosed landfill;
   1. (2) Function with minimum maintenance;
      1. (3) Promote drainage and minimize erosion or abrasion of the cover;
         1. (4) Accommodate settling and subsidence so that the cover's integrity is maintained; and (5) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(b) After the final closure, the owner or operator must comply with all post-closure requirements contained in §§ 264.117 through 264.120, including maintenance and monitoring throughout the post-closure care period (specified in the permit under § 264.117). The owner or operator must:

1. (1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
   1. (2) Continue to operate the leachate collection and removal system until leachate is no longer detected;
      1. (3) Maintain and monitor the leak detection system in accordance with §§ 264.301(c)(3)(iv) and (4) and 264.303(c), and comply with all other applicable leak detection system requirements of this part;
         1. (4)Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of Subpart F of this Part;

            (5)Prevent run-on and run-off from eroding or otherwise damaging the final cover; and (6) Protect and maintain surveyed benchmarks used in complying with § 264.309. §264.311 [Reserved] §264.312 Special requirements for ignitable or reactive waste.

(a) Except as provided in paragraph (b) of this section, and in § 264.316, ignitable or reactive waste must not be placed in a landfill, unless the waste and landfill meet all applicable requirements of Part 268, and:

1. (1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of these regulations, and (2) Section 264.17(b) is complied with.

(b) Except for prohibited wastes which remain subject to treatment standards in subpart D of part 268, ignitable wastes in containers may be landfilled without meeting the requirements of paragraph

1. (a) of this section, provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes must be disposed of in non-leaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; must be covered daily with soil or other non-combustible material to minimize the potential for ignition of the wastes; and must not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste. §264.313 Special requirements for incompatible wastes.

Incompatible wastes, or incompatible wastes and materials, (See Appendix V of this part for examples) must not be placed in the same landfill cell, unless § 264.17(b) is complied with. §264.314 Special requirements for bulk and containerized liquids.

(a) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.

(b) [Reserved.] (c) Containers holding free liquids must not be placed in a landfill unless:

1. (1) All free-standing liquid: (i) has been removed by decanting, or other methods; (ii) has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or (iii) has been otherwise eliminated; or (2) The container is very small, such as an ampule; or (3) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or (4) The container is a lab pack as defined in § 264.316 and is disposed of in accordance with § 264.316.

(d) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods* EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.

(e) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in paragraph (e)(l) of this section; materials that pass one of the tests in paragraph (e)(2) of this section; or materials that are determined by EPA to be nonbiodegradable through the Part 260 petition process.

1. (1) Nonbiodegradable sorbents.
   1. (i) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller' s earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or (ii) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or (iii) Mixtures of these nonbiodegradable materials.
      1. (2) Tests for nonbiodegradable sorbents.
         1. (i) The sorbent material is determined to be nonbiodegradable under ASTM Method G21-70 (1984a)-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or (ii) The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria.
         2. (iii) The sorbent material is determined to be non-biodegradable under the Organization for Economic Cooperation and Development (OECD) test 301B: [CO Evolution (Modified Sturm Test), July 1992].

(f) The placement of any free liquid, including a hazardous waste, in a landfill is prohibited. §264.315 Special requirements for containers.

Unless they are very small, such as an ampule, containers must be either:

1. (a) At least 90 percent full when placed in the landfill; or (b) Crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.

§264.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs). Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met:

1. (a) Hazardous waste must be packaged in non-leaking inside containers. The inside containers must be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the contained waste. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type specified in the Department of Transportation (DOT) hazardous materials regulations (49 CFR Parts 173, 178, and 179), if those regulations specify a particular inside container for the waste.
   1. (b) The inside containers must be overpacked in an open head DOT-specification metal shipping container (49 CFR Parts 178 and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with § 264.314(e), to completely sorb all of the liquid contents of the inside containers. The metal outer container must be full after it has been packed with inside containers and sorbent material.
      1. (c) The sorbent material used must not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers in accordance with § 264.17(b).
         1. (d) Incompatible wastes, as defined in § 260.10 of these regulations, must not be placed in the same outside container.
         2. (e) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in § 261.23(a)(5) of these regulations, must be treated or rendered non-reactive prior to packaging in accordance with paragraphs (a) through (d) of this section. Cyanide- and sulfide-bearing reactive waste may be packed in accordance with paragraphs (a) through (d) of this section without first being treated or rendered non-reactive.
         3. (f) Such disposal is in compliance with the requirements of Part 268. Persons who incinerate lab packs according to the requirements in § 268.42(c)(l) may use fiber drums in place of metal outer containers. Such fiber drums must meet the DOT specifications in 49 CFR § 173.12 and be overpacked according to the requirements in paragraph (b) of this section. §264.317 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027.

(a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 must not be placed in a landfill unless the owner or operator operates the landfill in accord with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements of this Part The factors to be considered are:

1. (1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through the soil or to volatilize or escape into the atmosphere;
   1. (2) The attenuative properties of underlying and surrounding soils or other materials;
      1. (3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring requirements.

(b) The Department may determine that additional design, operating, and monitoring requirements are necessary for landfills managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.

§264.318 - §264.339 [Reserved] Subpart O - Incinerators, Boilers and Industrial Furnaces §264.340 Applicability.

(a) The regulations in this subpart apply to owners or operators of facilities that incinerate hazardous waste, except as § 264.1 provides otherwise. The following facility owners or operators are considered to incinerate hazardous waste:

1. (1) Owners or operators of hazardous waste incinerators (as defined in § 260.10 of these regulations); and (2) Owners or operators who burn or process hazardous waste in boilers or industrial furnaces (as defined in § 260.10 of these regulations) irrespective of the purpose of burning or processing, except as provided by paragraphs (b), (c), (d), (e), (g) and (h) of this section. In this subpart, the term “burn” means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emission standards of §§ 264.342,264.343, 264.344, and 264.345 apply to facilities operating under interim status or under a RCRA permit as specified in §§ 264.340 and 265.140.

(b) After consideration of the waste analysis included with Part B of the permit application, the Department, in establishing the permit conditions, may exempt the applicant from all requirements of this subpart except § 264.341 (Waste analysis) and § 264.346(h)(Closure), § 264.346(f) (standards for direct transfer) and § 264.347 (regulation of residues).

1. (1) If the Department finds that the waste to be burned is:
   1. (i) Listed as a hazardous waste in Part 261, Subpart D, of these regulations solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or (ii) Listed as a hazardous waste in Part 261, Subpart D, of these regulations solely because it is reactive (Hazard Code R) for characteristics other than those listed in § 261.23 (a)(4) and (5), and will not be burned when other hazardous wastes are present in the combustion zone; or (iii) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the test for characteristics of hazardous wastes under Part 261, Subpart C, of these regulations; or (iv) A hazardous waste solely because it possesses any of the reactivity characteristics described by § 261.23(a) (1), (2), (3), (6), (7), and (8) of these regulations, and will not be burned when other hazardous wastes are present in the combustion zone; and (2) If the waste analysis shows that the waste contains none of the hazardous constituents listed in Part 261, Appendix VIII, of these regulations, which would reasonably be expected to be in the waste.

(c) If the waste to be burned is one which is described by paragraphs (b)(l)(i), (b)(l)(ii), (b)(1)(iii), or (b)(1)

1. (iv) of this Section and contains insignificant concentrations of the hazardous constituents listed in Part 261, Appendix VIII, of these regulations, then the Department may, in establishing permit conditions, exempt the applicant from all requirements of this Subpart, except § 264.341 (Waste analysis), § 264.346(h)(Closure), § 264.346(f) (Standards for direct transfer) and § 264.347 (Regulation of residues), after consideration of the waste analysis included with Part B of the permit application, unless the Department finds that the waste will pose a threat to human health and the environment when burned in an incinerator, boiler or industrial furnace.

(d) The following hazardous wastes and facilities are not subject to regulation under this subpart:

1. (1) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in Subpart C of Part 261 of these regulations. Such used oil is subject to regulation under Part 279 of these regulations;
   1. (2) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;
      1. (3) Hazardous wastes that are exempt from regulation under §§ 261.4 and 261.6(a)(3)(iii) and (iv) of these regulations, and hazardous wastes that are subject to the special requirements for conditionally exempt small quantity generators under § 261.5 of these regulations; and (4) Coke ovens, if the only hazardous waste burned is EPA Hazardous Waste No. K087, decanter tank tar sludge from coking operations.

(e) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation under this subpart, except for § 264.347.

1. (1) To be exempt from §§ 264.341 through 264.346, and 265.140, an owner or operator of a metal recovery furnace or mercury recovery furnace must comply with the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal recovery furnace that bums baghouse bags used to capture metallic dusts emitted by steel manufacturing, must comply with the requirements of paragraph (e)(3) of this section, and owners or operators of lead recovery furnaces that are subject to regulation under the Secondary Lead Smelting NESHAP must comply with the requirements of paragraph (h) of this section.
   1. (i) Provide a one-time written notice to the Director indicating the following:
      1. (A) The owner or operator claims exemption under this paragraph;
         1. (B) The hazardous waste is burned solely for metal recovery consistent with the provisions of paragraph (e)(2) of this section;
         2. (C) The hazardous waste contains recoverable levels of metals; and (D) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this paragraph;
         3. (ii) Sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of this paragraph under procedures specified by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by reference in § 260.11 of these regulations or alternative methods that meet or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method; and (iii) Maintain at the facility for at least three years records to document compliance with the provisions of this paragraph including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks.
         4. (2) A hazardous waste meeting either of the following criteria is not processed solely for metal recovery:
         5. (i) The hazardous waste has a total concentration of organic compounds listed in Part 261, Appendix VIII, of these regulations exceeding 500 ppm by weight, as-fired, and so is considered to be burned for destruction. The concentration of organic compounds in a waste as-generated may be reduced to the 500 ppm limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the 500 ppm limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records required by paragraph (e)(1)(iii) of this section; or (ii) The hazardous waste has a heating value of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the 5,000 Btu/lb limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records required by paragraph (e)(1)(iii) of this section.
         6. (3) To be exempt from §§ 264.341 through 264.346, and 265.140, an owner or operator of a lead or nickel-chromium or mercury recovery furnace, except for owners or operators of lead recovery furnaces subject to regulation under the Secondary Lead Smelting NESHAP, or a metal recovery furnace that bums baghouse bags used to capture metallic dusts emitted by steel manufacturing, must provide a one-time written notice to the Department identifying each hazardous waste burned and specifying whether the owner or operator claims an exemption for each waste under this paragraph or paragraph (e)(1) of this section. The owners or operator must comply with the requirements of paragraph (e)(1) of this section for those waste claimed to be exempt under that paragraph and must comply with the requirements below for those wastes claimed to be exempt under this paragraph (eX3).
         7. (i) The hazardous wastes listed in Appendices XI, XII, and XIII to § 264.348 of these regulations, and baghouse bags used to capture metallic dusts emitted by steel manufacturing are exempt from the requirements of paragraph (e)(l) of this section, provided that:
         8. (A) A waste listed in Appendix IX to § 264.348 of these regulations must contain recoverable levels of lead, a waste listed in Appendix XII to § 264.348 of these regulations must contain recoverable levels of nickel or chromium, a waste listed in Appendix XIII to § 264.348 of these regulations must contain recoverable levels of mercury and contain less than 500 ppm of Part 261, Appendix VIII organic constituents, and baghouse bags used to capture metallic dusts emitted by steel manufacturing must contain recoverable levels of metal; and (B) The waste does not exhibit the Toxicity Characteristic of § 261.24 of these regulations for an organic constituent; and (C) The waste is not a hazardous waste listed in Subpart D of Part 261 of these regulations because it is listed for an organic constituent as identified in Appendix VII of Part 261 of these regulations; and (D) The owner or operator certifies in the one-time notice that hazardous waste is burned under the provisions of paragraph (e)(3) of this section and that sampling and analysis will be conducted or other information will be obtained as necessary to ensure continued compliance with these requirements. Sampling and analysis shall be conducted according to paragraph (e)(l)(ii) of this section and records to document compliance with paragraph (e)(3) of this section shall be kept for at least three years.
         9. (ii) The Director may decide on a case-by-case basis that the toxic organic constituents in a material listed in Appendices XI, XII, or XIII to § 264.348 of these regulations that contains a total concentration of more than 500 ppm toxic organic compounds listed in Appendix VIII to Part 261 of these regulations, may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from the requirements of this subpart. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace will become subject to the requirements of this subpart when burning that material. In making the hazard determination, the Director will consider the following factors:
         10. (A) The concentration and toxicity of organic constituents in the material; and (B) The level of destruction of toxic organic constituents provided by the furnace; and (C) Whether the acceptable ambient levels established in Appendices IV or V to § 264.348 of these regulations may be exceeded for any toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average off-site ground level concentration.

(f) [Reserved].

(g) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces) that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, indium, osmium, rhodium, or ruthenium, or any combination of these are conditionally exempt from regulation under this subpart, except for § 264.347. To be exempt from §§ 264.341 through 264.346, and 265.140, an owner or operator must:

1. (1) Provide a one-time written notice to the Director indicating the following:
   1. (i) The owner or operator claims exemption under this paragraph;
      1. (ii) The hazardous waste is burned for legitimate recovery of precious metal; and (iii) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this paragraph; and (2) Sample and analyze the hazardous waste as necessary to document that the waste is burned for recovery of economically significant amounts of precious metal using procedures specified by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 846, incorporated by reference in § 260.11 of these regulations or alternative methods that meet or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method; and (3) Maintain at the facility for at least three years records to document that all hazardous wastes burned are burned for recovery of economically significant amounts of precious metal.

(h) Owners or operators of lead recovery furnaces that process hazardous waste for recovery of lead and that are subject to regulation under the Secondary Lead Smelting NESHAP, are conditionally exempt from regulation under this subpart. To be exempt, an owner or operator must provide a one-time notice to the Director identifying each hazardous waste burned and specifying that the owner or operator claims an exemption under this paragraph. The notice also must state that the waste burned has a total concentration of non-metal compounds listed in Part 261, Appendix VIII, of these regulations of less than 500 ppm by weight, as fired and as provided in paragraph (e)(2)

1. (i) of this section, or is listed in Appendix XI to § 264.348 of these regulations. §264.341 Waste analysis.

(a) In addition to the general waste analysis requirements in § 264.13 of these regulations, and as a portion of the trial bum plan required by § 100.28 of these regulations, the owner or operator must have included an analysis of the waste feed sufficient to provide all information required by § 100.28(c) of these regulations. Owners or operators of new hazardous waste incinerators, boilers or industrial furnaces must provide the information required by § 100.28 or § 100.41(b)(5) of these regulations to the greatest extent possible.

(b) Throughout normal operation the owner or operator must conduct sufficient waste analysis to verify that waste feed to the incinerator is within the physical and chemical composition limits specified in the facility's permit (under § 264.346).

§264.342 Risk Based Performance Standards for Hazardous Constituents (a) Owners or operators of incinerators, boilers, or industrial furnaces burning hazardous waste must conduct both a pre-trial bum and post-trial bum Multi-Pathway Health Risk Assessment (MPHRA). The Director will utilize the results of the MPHRA to evaluate and develop risk-based, constituent specific permit emission standards.

1. (1) The pre-trial burn and post-trial burn MPHRAs must be completed in accordance with §
   1. 100.28 of these regulations and in accordance with procedures and methodologies
      1. approved by the Director. The MPHRAs must consider both direct inhalation exposure and indirect exposure pathways for the full suite of compounds examined during the approved trial bum(s). The pre-trial bum MPHRA must be submitted with the permit application. The post-trial burn MPHRA must be completed and submitted following the trial bum.
         1. (i) The acceptable performance standard target level for the results of a MPHRA is a total added lifetime cancer risk (ALCR) target level of 1 E-6, (1 x 10-6), and a hazard index (HI) of < 0.25 for non-carcinogens, using equations (1) - (6) of paragraph (a)(3) of this section as appropriate.
         2. (ii) The performance standard applies at the location of the hypothetical Most Exposed Individual (MEI), using an acceptable dispersion model approved by the Director. When more than one stack is present at the permitted facility, the performance standard applies to the cumulative risk from all devices with stack emissions regulated under this Subpart.
         3. (iii) The MPHRA must include an evaluation of the acute inhalation exposure resulting from facility short-term emissions. The Director may utilize the results of the acute inhalation exposure evaluation to develop permit emission standards applicable to the hazardous waste combustion system during non-steady state operation (i.e. unit startup and shutdown).
         4. (2) Compliance with the permit emission standards during the operational period of an incinerator, boiler, or industrial furnace will be evaluated by comparing the results of the stack testing required under § 264.346(j) of these regulations to the appropriate emission standards in the permit. An incinerator, boiler, or industrial furnace burning hazardous waste may not emit any hazardous constituents in excess of an applicable permit emission standard.
         5. (i) The Permittee may modify an emission standard in the permit during the operational period of an incinerator, boiler, or industrial furnace in accordance with § 100.63 of these regulations.
         6. (ii) The Director may require that a MPHRA be repeated at any time a permit emission standard is proposed for modification as necessary to ensure that the acceptable performance standard described in (a)(l) of this section is achieved.
         7. (3) Equations for use with health risk based performance standards. The following equations will be used to assess compliance with the health risk based performance standards of this subpart. Use of any alternative methodology to calculate health risks, must be approved by the Director in writing.
         8. (i) FOR CARCINOGENS: For each compound “i”, and each class of compound “j”, examined during trial burn, the following standard equations are to be used: ALCRj = 1007_3_sum.jpg ( Calculated (or Measured) Dose(i) X Slope Factor(j) (1)

      ALCRtotal = ALCRmetals + (2)

      1. ALCRPCDD/F + ALCRPIC ALCRtotal< 1.0E-6 (3)
         1. where:

      ALCR = Accumulated Lifetime Cancer Risk ALCRPCDD/F = Accumulated Lifetime Cancer Risk from all polychlorinated dibenzo- p-dioxins and dibenzofurans.

      ALCRPIC = Accumulated Lifetime Cancer Risk from organic products of incomplete combustion, n = number of carcinogenic compounds being evaluated in the risk assessment;

      j = type of carcinogenic compounds (i.e., metals, PCDD/F, and organic PICs);

      1. Calculated or measured dose of compound “i” for the MEI is determined from the predicted ambient concentration of “i” using dispersion modeling;
         1. Slope Factor or Carcinogenic Potency Factor (or Agency- accepted health based standard)

            (ii)FOR NONCARCINOGENS: For calculation of the Hazard Index (HI) for noncarcinogenic effects, or for the total estimated Hazard Quotient (HQ) for each compound “i”, the following standard equations are to be used: HI1 = 1007_3_sum.jpgHQ1 + HQ2 + HQn<= 0.25 (4)

      HI1 = 1007_3_sum.jpg Calculated (Or measured)

      1. Dose1 Reference Dosei × <0.25 (5)
         1. OR:

      HI1 = 1007_3_sum.jpg Calculated (Or measured)

      1. Concentration1/Reference Concentrationi × <0.25 (6)
         1. where:

            Calculated or measured dose of compound “j” for the MEI is determined from the predicted ambient concentration of “i” using dispersion modeling;

            Reference Dose (RfD), or Reference Concentration (RfC), where available of compound “i” is the Agency-accepted health based standard;

            n = number of noncarcinogenic compounds with adverse effect on same organ;

            NOTE: If the HI is greater than or equal to 0.25, a more detailed comparison of risks across adverse health effects for each compound and organ may be performed by the owner or operator and/or the Director, to more accurately refine estimated health effects.

(b) Performance standards to control organic emissions.

1. (1) DRE standard-General. Except as provided in paragraph (b)(3) of this section, an incinerator or burner or industrial furnace burning hazardous waste must achieve a destruction and removal efficiency (DRE) of 99.99% for all organic hazardous constituents in the waste feed. To demonstrate conformance with this requirement, 99.99% DRE must be demonstrated during a trial bum for each principal organic hazardous constituent (POHC) designated (under paragraph (b)(2) of this section) in its permit for each waste feed. DRE is determined for each POHC from the following equation: where:
   1. W = Mass feed rate of one principal organic hazardous constituent (POHC) in the hazardous in waste fired to the incinerator or boiler or industrial furnace; and W = Mass emission rate of the same POHC present in stack gas prior to release to the out atmosphere.
      1. (2) Designation of POHCs. Principal organic hazardous constituents (POHCs) are those compounds for which compliance with the DRE requirements of this section shall be demonstrated in a trial bum in conformance with procedures prescribed in § 100.28 of these regulations. One or more POHCs shall be designated by the Director for each waste feed to be burned. POHCs shall be designated based on the degree of difficulty of destruction of the organic constituents in the waste and on their concentrations or mass in the waste feed considering the results of waste analyses submitted with Part B of the permit application. POHCs are most likely to be selected from among those compounds listed in Part 261, Appendix VIII of these regulations that are also present in the normal waste feed. However, if the applicant demonstrates to the Director's satisfaction that a compound not listed in Appendix VIII or not present in the normal waste feed is a suitable indicator of compliance with the DRE requirements of this section, that compound may be designated as a POHC. Such POHCs need not be toxic or organic compounds.
         1. (3) Dioxin-listed waste. An incinerator or boiler or industrial furnace burning hazardous waste containing (or derived from) EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, or F027 must achieve a destruction and removal efficiency (DRE) of 99.9999% for each POHC designated (under paragraph (b)(2) of this section) in its permit This performance must be demonstrated on POHCs that are more difficult to burn than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from the equation in paragraph (b)(1) of this section. In addition, the owner or operator of the incinerator or boiler or industrial furnace must notify the Director of intent to bum EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027.

(c) Carbon monoxide standard.

1. (1) Except as provided in paragraph (d) of this section, the stack gas concentration of carbon monoxide (CO) from an incinerator, boiler, or industrial furnace burning hazardous waste cannot exceed 100 ppmv on an hourly rolling average basis (i.e., over any 60 minute period), continuously corrected to 7 percent oxygen, dry gas basis.
   1. (2) CO and oxygen shall be continuously monitored in conformance with “Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste” in Appendix IX to § 264.348 of these regulations.
      1. (3) Compliance with the 100 ppmv CO limit must be demonstrated during the trial burn (for new facilities or an interim status facility applying for a permit) or during the compliance test (for interim status facilities). To demonstrate compliance, the highest hourly rolling average CO level during any valid run of the trial bum or subsequent compliance test must not exceed 100 ppmv.

(d) Alternative carbon monoxide standard.

1. (1) The stack gas concentration of carbon monoxide (CO) from a boiler or industrial furnace burning hazardous waste may exceed the 100 ppmv limit provided that stack gas concentrations of hydrocarbons (HC) do not exceed 20 ppmv, except as provided by paragraphs (e) and (g) of this section for certain industrial furnaces.
   1. (2) HC limits must be established under this section on an hourly rolling average basis (i.e., over any 60 minute period), reported as propane, and continuously corrected to 7 percent oxygen, dry gas basis.
      1. (3) HC shall be continuously monitored in conformance with “Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste” in Appendix DC to § 264.348 of these regulations. CO and oxygen shall be continuously monitored in conformance with paragraph (c)(2) of this section.
         1. (4) The alternative CO standard is established based on CO data during the trial burn (for a new facility) and the compliance test (for an interim status facility). The alternative CO standard is the average over all valid runs of the highest hourly average CO level for each run. The CO limit is implemented on an hourly rolling average basis, and continuously corrected to 7 percent oxygen, dry gas basis.

(e) Total hydrocarbon standard.

1. (1) Except as provided for under paragraph (e)(4) of this section, the stack gas concentration of total unburned hydrocarbons (HC) from a incinerator, boiler or industrial furnace burning hazardous waste cannot exceed 20 ppmv on an hourly rolling average basis (i.e., over any 60 minute period), reported as propane, and continuously corrected to 7 percent oxygen, dry gas basis.
   1. (2) HC shall be continuously monitored in conformance with “Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste” in Appendix DC to § 264.348 of these regulations.
      1. (3) Compliance with the 20 ppmv HC limit must be demonstrated during the trial burn. To demonstrate compliance, the highest hourly rolling average HC level during any valid run of the trial burn or subsequent compliance test must not exceed 20 ppmv.
         1. (4) A boiler or industrial furnace may emit HCs in excess of 20 ppmv on an hourly rolling average basis, reported as propane, and continuously corrected to 7 percent oxygen, dry gas basis at an alternative rate if approved by the Director in writing. In order to approve an alternative HC emission rate for a boiler or industrial furnace, the Director must find:
         2. (i) That a HC emission rate of 20 ppmv is not appropriate for application to the boiler or industrial furnace system and;
         3. (ii) That the proposed alternative HC emission rate will not allow the emission of hazardous constituents at levels that would represent a significant threat to public health or the environment

(f) Special requirements for furnaces. Owners and operators of industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see § 265.140(aX5) (ii)) at any location other than the end where products are normally discharged and where fuels are normally fired must comply with the hydrocarbon limits provided by paragraphs (c) and (d) of this section irrespective of whether stack gas CO concentrations meet the 100 ppmv limit of paragraph (c) of this section.

(g) Controls for dioxins and furans. The performance standard for emissions of chlorinated dibenzo-p- dioxins and dibenzofurans (PCDD/PCDF) is established through a two part test (1) compliance with a maximum emissions limit and (2) an evaluation of risk on the measured emissions of these compounds.

1. (1) A maximum emission limit in the stack gas of 13 nanograms per dry standard cubic meter (ng/dscm), based on the sum of all tetra through octa dioxin and furan congeners, and a maximum emission limit in the stack gas of 0.17 ng/dscm of 2,3,7,8-TCDD toxicity equivalence (TEQ), calculated as specified in paragraph (e)(2) of this subpart. A lower limit will be set if the results of a MPHRA indicate that this limit does not meet acceptable performance standards described in paragraph (a) of this section.
   1. (2) Owners and operators of all incinerators, boilers, or industrial furnaces must conduct a MPHRAs as required under § 100.28 to demonstrate that emissions of chlorinated dibenzo-p-dioxins and dibenzofurans do not result in an increased lifetime cancer risk to the hypothetical MEI exceeding the performance standards of this section. The results of this assessment will be factored into the cumulative risk from all carcinogenic compounds. The PCDD/PCDF risk assessment shall be performed using the following procedures:
      1. (i) During the trial bum (for new facilities or an interim status facility applying for a permit) or compliance test (for interim status facilities), or during a periodic compliance test required under § 264.347e), determine emission rates of the tetra-octa congeners of chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans Emissions from Stationary Sources, EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.
         1. (ii) Estimate the 2,3,7,8-TCDD toxicity equivalence (TEQ) of the tetra-octa CDDs/CDFs congeners using “Procedures for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners” in Appendix IX to §
         2. 264.348 of these regulations. Multiply the emission rates of CDD/CDF congeners

            with a toxicity equivalence greater than zero (see the procedure) by the calculated toxicity equivalence factor (TEF) to estimate the equivalent emission rate of 2,3,7,8-TCDD;

         3. (iii) Conduct dispersion modeling using methods recommended in Appendix W of 40 CFR Part 51 “Guideline on Air Quality Models” (Revised) (1986) and its supplements), the “Hazardous Waste Combustion Air Quality Screening Procedure”, provided in Appendix IX to § 264.348 of these regulations, or in “Screening Procedures for Estimating Air Quality Impact of Stationary Sources”, Revised (incorporated by reference in § 260.11) to predict the maximum annual average off-site ground level concentration of 2,3,7,8-TCDD equivalents determined under paragraph (g)(2) of this section. The maximum annual average on-site concentration must be used when a person resides on-site; and (iv) The ratio of the predicted maximum annual average ground level concentration of 2,3,7,8-TCDD equivalents to the risk-specific dose (RSD) divided by 10 for 2,3,7,8-TCDD provided in Table V to § 264.348 (2.2 X 10-7) shall not exceed 1.0 using Equation (1) of this Subpart.

(h) Monitoring CO and HC in the by-pass duct of a cement kiln. Cement kilns may comply with the carbon monoxide and hydrocarbon limits provided by paragraphs (c), (d), and (e) of this section by monitoring in the by-pass duct provided that:

1. (1) Hazardous waste is fired only into the kiln and not at any location downstream from the kiln exit relative to the direction of gas flow; and (2) The by-pass duct diverts a minimum of 10% of kiln off-gas into the duct. (i)Use of emissions test data to demonstrate compliance and establish operating limits. Compliance with the requirements of this section must be demonstrated simultaneously by emissions testing or during separate runs under identical operating conditions. Further, data to demonstrate compliance with the CO and HC limits of this section or to establish alternative CO or HC limits under this section must be obtained during the time that DRE testing and, as applicable, PCDD/PCDF testing under paragraph (g) of this section, and hazardous constituent emissions testing under paragraph (a) of this section is conducted.

(j) The owner or operator must conduct emissions testing during the trial burn, or subsequent compliance test, to:

1. (1) Identify the types and concentrations of organic compounds listed in Appendix VIII, Part 261 of these regulations, and products of incomplete combustion (PICs), that are emitted in the stack gas and conduct dispersion modeling to predict the maximum annual average ground level concentration of each organic compound. On-site ground level concentrations must be considered for this evaluation if a person resides on site.
   1. (i) Sampling and analysis of organic emissions shall be conducted using procedures as described in Appendix IX to § 264.348 of these regulations, or alternate procedures approved by the Director.
      1. (ii) Dispersion modeling shall be conducted according to procedures referenced in paragraph (g)(2) of this section; and (2) Demonstrate that maximum annual average ground level concentrations of the organic compounds identified in paragraph (i)(1) of this section do not exceed the emission standards in the permit To estimate the health risk from chlorinated dibenzo-p-dioxins and dibenzofuran congeners, the procedures prescribed by paragraph (g)(2) of this section for the estimation of the 2,3,7,8-TCDD toxicity equivalence of the congeners will be used.

(k) Enforcement.

1. For the purposes of permit enforcement, compliance with the emission standards and operating requirements specified in the permit (under § 264.346) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this section may be “information” justifying modification or revocation and re-issuance of a permit under § 100.61 of these regulations. §264.343 Performance standards to control participate matter.

(a) An incinerator or boiler or industrial furnace burning hazardous waste may not emit particulate matter in excess of 23 milligrams per dry standard cubic meter (0.010 grains per dry standard cubic foot) after correction to a stack gas concentration of 7% oxygen, using procedures prescribed in 40 CFR Part 60, appendix A, methods 1 through 5, and Appendix IX to § 264.348 of these regulations.

(b) Reserved.

(c) Oxygen correction.

1. (1) Measured pollutant levels must be corrected for the amount of oxygen in the stack gas according to the formula:
   1. Pc = Pm x14/(E−Y)

      Where:

      1. Pc is the corrected concentration of the pollutant in the stack gas, Pm is the measured concentration of the pollutant in the stack gas, E is the oxygen concentration on a dry basis in the combustion air fed to the device, and Y is the measured oxygen concentration on a dry basis in the stack.
         1. (2) For devices that feed normal combustion air, E will equal 21 percent For devices that feed oxygen-enriched air for combustion (that is, air with an oxygen concentration exceeding 21 percent), the value of E will be the concentration of oxygen in the enriched air.
         2. (3) Compliance with all emission standards provided by this subpart must be based on correcting to 7 percent oxygen using this procedure.

(d)For the purposes of permit enforcement, compliance with the particulate emission standard and the operating requirements specified in the permit (under § 264.346) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this section may be “information” justifying modification or revocation and re-issuance of a permit under § 100.61 of these regulations. §264.344 Performance standards to control emissions of metallic compounds.

(a) General.

1. The owner or operator must comply with the metals standards provided by paragraphs (b), (c), (d), (e), or (f) of this section for each metal referenced in paragraph (b) of this section that is present in the hazardous waste at detectable levels using analytical procedures specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846), incorporated by reference in § 260.11.

(b) Tier I feed rate screening limits.

1. Feed rate screening limits for metals are specified in Appendix I of this Subpart, as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. Criteria for facilities that are not eligible to comply with the screening limits are provided in paragraph (b) (7) of this section.
   1. (1) Noncarcinogenic metals. The feed rates of antimony, barium, lead, mercury, thallium, silver, nickel and selenium in all feed streams, including hazardous waste and fuels, shall not exceed the screening limits specified in Appendix I of this Subpart.
      1. (i) The feed rate screening limits for antimony, barium, mercury, thallium, silver, nickel and selenium are based on either:
         1. (A) An hourly rolling average as defined in § 264.346(f)(1)(ii); or (B) An instantaneous limit not to be exceeded at any time, (ii)The feed rate screening limit for lead is based on one of the following: (A)An hourly rolling average as defined in § 264.346(f)(1)(ii);
         2. (B) An averaging period of 2 to 24 hours as defined in § 264.346(f)(2) with an instantaneous feed rate limit not to exceed 10 times the feed rate that would be allowed on an hourly rolling average basis; or (C) An instantaneous limit not to be exceeded at any time.
         3. (2) Carcinogenic metals.
         4. (i) The feed rates of arsenic, cadmium, beryllium, and chromium in all feed streams, including hazardous waste, fuels, and industrial furnace feedstocks shall not exceed values derived from the screening limits specified in Appendix I of this Subpart. The feed rate of each of these metals is limited to a level such that the sum of the ratios of the actual feed rate to the feed rate screening limit, specified in Appendix I, divided by ten to achieve a 1 E-6 ALCR level, shall not exceed 1.0, as provided by the following equation:

      1007_3_sum.jpgAFR1/FRSL1/10 × ≤ 1.0 (8)

      where:

      n = number of carcinogenic metals AFR = actual feed rate to the device for metal “i”

      FRSL = feed rate screening limit provided by Appendix I of this Subpart for metal “i”, divided by 10 to achieve a 1 E-6 risk level for carcinogenic compounds.

      1. (ii) The feed rate screening limits for the carcinogenic metals are based on either:
         1. (A) An hourly rolling average; or (B) An averaging period of 2 to 24 hours as defined in § 264.346(f)(2) with an instantaneous feed rate limit not to exceed 10 times the feed rate that would be allowed on an hourly rolling average basis.
         2. (3) TESH.
         3. (i) The terrain-adjusted effective stack height is determined according to the following equation:

      TESH = Ha + H1−Tr (9)

      where:

      Ha = Actual physical stack height H1 = Plume rise as determined from Appendix VI of this Subpart as a function of stack flow rate and stack gas exhaust temperature.

   2. Tr. = Terrain rise within five kilometers of the stack.
      1. (ii) The stack height (Ha) may not exceed good engineering practice (GEP) as specified in 40 CFR 51.100(ii).
         1. (iii) If the TESH for a particular facility is not listed in the table in the appendices, the nearest lower TESH listed in the table shall be used. If the TESH is four meters or less, a value of four meters shall be used.
         2. (4) Terrain type. The screening limits are a function of whether the facility is located in noncomplex or complex terrain. A device located where any part of the surrounding terrain within 5 kilometers of the stack equals or exceeds the elevation of the physical stack height (Ha) is considered to be in complex terrain and the screening limits for complex terrain apply. Terrain measurements are to be made from U.S. Geological Survey 7.5-minute topographic maps of the area surrounding the facility.
         3. (5) Land use. The screening limits are a function of whether the facility is located in an area where the land use is urban or rural. To determine whether land use in the vicinity of the facility is urban or rural, procedures provided in Appendices DC or X to § 264.348 of these regulations shall be used.
         4. (6) Multiple stacks. Owners and operators of facilities with more than one on-site stack from an incinerator, boiler, industrial furnace, or other thermal treatment unit subject to controls of metals emissions under a Federal or State RCRA operating permit or interim status controls must comply with the screening limits for all such units assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics. The worst-case stack is determined from the following equation as applied to each stack:

      K = HVT (10)

      Where:

      K = a parameter accounting for relative influence of stack height and plume rise;

      H = physical stack height (meters);

      V = stack gas flow rate (m /second); and T = exhaust temperature (°K).

      1. The stack with the lowest value of K is the worst-case stack.
         1. (7) Criteria for facilities not eligible for screening limits. If any criteria below are met, the Tier I (and Tier II) screening limits do not apply. Owners and operators of such facilities must comply with either the Tier III standards provided by paragraph (d) of this section or with the adjusted Tier I feed rate screening limits provided by paragraph (e) of this section.
         2. (i) The device is located in a narrow valley less than one kilometer wide;
         3. (ii) The device has a stack taller than 20 meters and is located such that the terrain rises to the physical height within one kilometer of the facility;
         4. (iii) The device has a stack taller than 20 meters and is located within five kilometers of a shoreline of a large body of water such as an ocean or large lake;
         5. (iv) The physical stack height of any stack is less than 2.5 times the height of any building within five building heights or five projected building widths of the stack and the distance from the stack to the closest boundary is within five building heights or five projected building widths of the associated building; or (v) The Director determines that standards based on site-specific dispersion modeling are necessary to evaluate protection of human health and the environment.
         6. (8) Implementation. The feed rate of metals in each feedstream must be monitored to ensure that the feed rate screening limits are not exceeded.

(c) Tier II emission rate screening limits.

1. Emissionrate screening limits are specified in Appendix I as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. Criteria for facilities that are not eligible to comply with the screening limits are provided in paragraph (b)(7) of this section.
   1. (1) Noncarcinogenic metals. The emission rates of antimony, barium, lead, mercury, thallium, and silver shall not exceed the screening limits specified in Appendix I of this Subpart.
      1. (2) Carcinogenic metals. The emission rates of arsenic, cadmium, beryllium, nickel and chromium shall not exceed values derived from the screening limits specified in Appendix I of this Subpart divided by ten to achieve a 1 E-6 ALCR level. The emission rate of each of these metals is limited to a level such that the sum of the ratios of the actual emission rate to the emission rate screening limit specified in Appendix I shall not exceed 1.0, as provided by the following equation: 1007_3_sum.jpgAERi/ERSL1/10 ≤ 1.0 (11)

      where:

      n = number of carcinogenic metals AER = actual emission rate for metal “i”

      ERSL = emission rate screening limit provided by Appendix I of this Subpart for metal“i”, divided by 10 to achieve a 1 E-6 risk level for carcinogenic compounds.

      1. (3) Implementation.The emission rate limits must be implemented by limiting feed rates of the individual metals to levels during the trial bum (for new facilities or an interim status facility applying for a permit) or the periodic compliance test. The feed rate averaging periods are the same as provided by paragraphs (b)(l)(i) and (ii) and (b)(2)(ii) of this section. The feed rate of metals in each feedstream must be monitored to ensure that the feed rate limits for the feedstreams specified under § 264.346 are not exceeded.
         1. (4) Definitions and limitations. The definitions and limitations provided by paragraph (b) of this section for the following terms also apply to the Tier II emission rate screening limits provided by paragraph (c) of this section: terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use, and criteria for facilities not eligible to use the screening limits.
         2. (5) Multiple stacks.
         3. (i) Owners and operators of facilities with more than one onsite stack from an incinerator, boiler, industrial furnace, or other thermal treatment unit subject to controls on metals emissions under a State RCRA operating permit or interim status controls must comply with the emissions screening limits for any such stacks assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.
         4. (ii) The worst-case stack is determined by procedures provided in paragraph (b) (6) of this section.
         5. (iii) For each metal, the total emissions of the metal from those stacks shall not exceed the screening limit for the worst-case stack.

(d) Tier III and Adjusted Tier I site-specific risk assessments

1. (1) General. Conformance with the Tier III metals controls must be demonstrated by emissions testing to determine the emission rate for each metal. In addition, conformance with either the Tier III or Adjusted Tier I metals controls must be demonstrated by air dispersion modeling to predict the maximum annual average off-site ground level concentration for each metal, and a demonstration that acceptable ambient levels are not exceeded.
   1. (2) Acceptable ambient levels. Appendices IV and V of this Subpart list the acceptable ambient levels for purposes of this section. Reference air concentrations (RACs) are listed for the noncarcinogenic metals and 10'5 risk-specific doses (RSDs) are listed for the carcinogenic metals. The RSD for a metal, divided by ten to achieve a 1 E-6 ALCR level, is the acceptable ambient level for that metal provided that only one of the four carcinogenic metals is emitted. If more than one carcinogenic metal is emitted, the acceptable ambient level for the carcinogenic metals is a fraction of the RSD as described in paragraph (d)(3) of this section.
      1. (3) Carcinogenic metals.
         1. (i) For the carcinogenic metals, arsenic, cadmium, beryllium, nickel and chromium, the sum of the ratios of the predicted maximum annual average off-site ground level concentrations (except that on-site concentrations must be considered if a person resides on site) to the risk-specific dose (RSD) divided by ten to achieve a 1 E-6 ALCR level, for all carcinogenic metals emitted shall not exceed 1.0 as determined by the following equation:

      ALCRj = 1007_3_sum.jpg Predicted (Or measured)

      1. Ambient ConcentrationI/Risk- Specific Dosei/10 (12)

      n = number of carcinogenic compounds being evaluated in the risk assessment;

      j = type of carcinogenic compounds (i.e., metals, PCDD/F, and organic PICs);

      1. Predicted (or measured)
         1. Ambient Concentration of compound “i” at the MEI using dispersion modeling;

            Risk-Specific Dose (RSD) of compound “i”

            from Table V, (or Agency- accepted health based standard)

         2. (ii) Results of predicted maximum annual average off-site ground level concentrations for carcinogenic metals shall be summed with results for other carcinogenic compounds calculated in § 264.342 to produce an estimate of the overall increased lifetime cancer risk to the hypothetical MEI.
         3. (4) Noncarcinogenic metals. For the noncarcinogenic metals, the predicted maximum annual average off-site ground level concentration for each metal shall not exceed the performance standards of this Subpart.
         4. (5) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on metals emissions under a RCRA operating permit or interim status controls must conduct emissions testing (except that facilities complying with Adjusted Tier I controls need not conduct emissions testing) and dispersion modeling to demonstrate that the aggregate emissions from all such on-site stacks do not result in an exceedance of the acceptable ambient levels.
         5. (6) Implementation. Under Tier III, the metals controls must be implemented by limiting feed rates of the individual metals to levels during the trial burn (for new facilities or an interim status facility applying for a permit) or the periodic compliance test. The feed rate averaging periods are the same as provided by paragraphs (b)(l)(i) and (ii) and (b)(2)(ii) of this section. The feed rate of metals in each feedstream must be monitored to ensure that the feed rate limits for the feedstreams specified under § 264.346 are not exceeded.

(e) Adjusted Tier I feed rate screening limits.

1. The owner or operator may adjust the feed rate screening limits provided by Appendix I of this Subpart to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit for a metal is determined by back-calculating from the acceptable ambient levels provided by Appendices IV and V of this Subpart using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the adjusted Tier I feed rate screening limit The feed rate screening limits for carcinogenic metals are implemented as prescribed in paragraph (b)(2) of this section.

(f) Alternative implementation approaches.

1. (1) The Director may approve on a case-by-case basis approaches to implement the Tier II or Tier III metals emission limits provided by paragraphs (c) or (d) of this section alternative to monitoring the feed rate of metals in each feedstream.
   1. (2) The emission limits provided by paragraph (d) of this section must be determined as follows:
      1. (i) For each noncarcinogenic metal, by back-calculating from the RAC provided in Appendix IV of this Subpart to determine the allowable emission rate for each metal using the dilution factor for the maximum annual average ground level concentration predicted by dispersion modeling in conformance with paragraph (h) of this section; and (ii) For each carcinogenic metal by:
         1. (A) Back-calculating from the RSD (divided by ten to achieve a 1 E-6 ALCR level) provided in Appendix V of this Subpart to determine the allowable emission rate for each metal if that metal were the only carcinogenic metal emitted using the dilution factor for the maximum annual average ground level concentration predicted by dispersion modeling in conformance with paragraph (h) of this section; and (B) If more than one carcinogenic metal is emitted, selecting an emission limit for each carcinogenic metal not to exceed the emission rate determined by paragraph (f)(2)(ii)(A) of this section such that the sum for all carcinogenic compounds metals of the ratios of the selected emission limit to the emission rate determined by that paragraph does not exceed 1.0, using Equation 1 of this section.

(g) Emission testing.

1. (1) General. Emission testing for metals shall be conducted using the Multiple Metals Train as described in Method 0060, Determinations of Metals in Stack Emissions, EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.
   1. (2) Hexavalent chromium. Emissions of chromium are assumed to be hexavalent chromium unless the owner or operator conducts emissions testing to determine hexavalent chromium emissions using procedures prescribed in Method 0061, Determination of Hexavalent Chromium Emissions from Stationary Sources, EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.

(h) Dispersion modeling.

1. Dispersion modeling required under this section shall be conducted according to methods recommended in appendix W of 40 CFR Part 51 (“Guidline on Air Quality Models (Revised)” (1986) and its supplements), the “Hazardous Waste Combustion Air Quality Screening Procedure” provided in Appendix DC to § 264.348 of these regulations, or in “Screening Procedures for Estimating Air Quality Impact of Stationary Sources, Revised” (incorporated by reference in § 260.11) to predict the maximum annual average off-site ground level concentration. However, on-site concentrations must be considered when a person resides on-site.
   1. (i) Enforcement. For the purposes of permit enforcement, compliance with the metals emission standards and operating requirements specified in the facility's operating permit (under § 264.346) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this section may be “information” justifying modification or revocation and re-issuance of a permit under § 100.61 of these regulations.

§264.345 Standards to control hydrogen chloride (HCI) and chlorine gas (C12) emissions.

(a) General.

1. The owner or operator must comply with the hydrogen chloride (HCI) and chlorine (C1 ) controls provided by paragraphs (b), (c), or (e) of this section.

(b) Screening limits.

1. (1) Tier I feed rate screening limits. Feed rate screening limits are specified for total chlorine in Appendix II of this Subpart as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The feed rate of total chlorine and chloride, both organic and inorganic, in all feed streams, including hazardous waste, fuels, and industrial furnace feedstocks shall not exceed the levels specified.
   1. (2) Tier II emission rate screening limits. Emission rate screening limits for HO and C1 are specified in Appendix III of this Subpart as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The stack emission rates of HCI and C1 shall not exceed the levels specified.
      1. (3) Definitions and limitations. The definitions and limitations provided by § 264.344(b) for the following terms also apply to the screening limits provided by this paragraph: terrain- adjusted effective stack height, good engineering practice stack height, terrain type, land use, and criteria for facilities not eligible to use the screening limits.
         1. (4) Multiple stacks. Owners and operators of facilities with more than one on-site stack from an incinerator, boiler, industrial furnace, or other thermal treatment unit subject to controls on HCI or C1 emissions under a State RCRA operating permit or interim status controls must comply with the Tier I and Tier II screening limits for those stacks assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.
         2. (i) The worst-case stack is determined by procedures provided in § 264.344(b)(6).
         3. (ii) Under Tier I, the total feed rate of chlorine and chloride to all subject devices shall not exceed the screening limit for the worst-case stack.
         4. (iii) Under Tier II, the total emissions of HCI and C1 from all subject stacks shall not exceed the screening limit for the worst-case stack.

(c) Tier III site-specific risk assessments.

1. (1) General. Conformance with the Tier HI controls must be demonstrated by emissions testing to determine the emission rate for HCI and C1 , air dispersion modeling to predict the maximum annual average off-site ground level concentration for each compound, and a demonstration that acceptable ambient levels are not exceeded.
   1. (2) Acceptable ambient levels. Appendix IV of this Subpart lists the reference air concentrations (RACs) for HCI (7 micrograms per cubic meter) and C1 (0.4 micrograms per cubic meter).
      1. (3) Multiple stacks. Owners and operators of facilities with more than one on-site stack from an incinerator, boiler, industrial furnace, or other thermal treatment unit subject to controls on HC1 or C1 emissions under a State RCRA operating permit or interim status controls must conduct emissions testing and dispersion modeling to demonstrate that the aggregate emissions from all such on-site stacks do not result in an exceedance of the acceptable ambient levels for HC1 and C1 .

(d) Averaging periods.

1. The HC1 and Cl controls are implemented by limiting the feed rate of total chlorine and chloride in all feedstreams, including hazardous waste, fuels, and industrial furnace feedstocks. Under Tier I, the feed rate of total chlorine and chloride is limited to the Tier I Screening Limits. Under Tier II and Tier III, the feed rate of total chlorine and chloride is limited to the feed rates during the trial burn (for new facilities or an interim status facility applying for a permit) or the periodic compliance test. The feed rate limits are based on either:
   1. (1) An hourly rolling average as defined in § 264.346(f); or (2) An instantaneous basis not to be exceeded at any time.

(e) Adjusted Tier I feed rate screening limits.

1. The owner or operator may adjust the feed rate screening limit provided by Appendix II of this Subpart to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit is determined by back-calculating from the acceptable ambient level for Cl provided by Appendix IV of this Subpart using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the adjusted Tier I feed rate screening limit

(f) Emissions testing.

1. Emissions testing for HC1 and Cl shall be conducted using the procedures described in Appendix IX to § 264.348 of these regulations.

(g) Dispersion modeling.

1. Dispersion modeling shall be conducted according to the provisions of § 264.344(h).

(h) Enforcement.

1. For the purposes of permit enforcement, compliance with the chlorine gas and hydrogen chloride gas standards and the operating requirements specified in the permit (under § 264.346) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this section will be “information” justifying modification or revocation and re-issuance of a permit under § 100.61 of these regulations.

§264.346 Permit standards for burners.

(a) General.

1. An incinerator, boiler, or industrial furnace burning hazardous waste must be operated in accordance with the operating requirements of this section and the emission standards of §§ 264.342 through 264.345 and as specified in the permit at all times where there is hazardous waste in the unit.

(b) Permits.

1. (1) The owner or operator of a hazardous waste incinerator, boiler, or industrial furnace may burn only wastes specified in the facility's permit and only under operating conditions specified for those wastes under this section, except under exemptions created by § 264.340, and§261.4(e)and(f).
   1. (2) Other hazardous wastes may be burned only after operating conditions have been specified in a new permit or a permit modification as applicable. Operating requirements for new wastes may be based on either trial bum results or alternative data included with Part B of a permit application under § 100.4l(b)(5) of these regulations.
      1. (3) A permit for a new hazardous waste incinerator, boiler, or industrial furnace must establish appropriate conditions for each of the applicable requirements of this Subpart, including but not limited to allowable waste feeds and operating conditions necessary to meet the requirements of this section, in order to comply with the following standards:
         1. (i) For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of the trial burn, and only for the minimum time required to establish operating conditions required in paragraph (c)(2) of this section, not to exceed a duration of 720 hours operating time for treatment of hazardous waste, the operating requirements must be those most likely to ensure compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345, based on the Director's engineering judgement. The Department may extend the duration of this period once for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.
         2. (ii) For the duration of the trial burn, the operating requirements must be sufficient to demonstrate compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345, and must be in accordance with the approved trial bum plan;
         3. (iii) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the Department, the operating requirements must be those most likely to ensure compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345, based on the Director's engineering judgement.
         4. (iv) For the remaining duration of the permit, the operating requirements must be those demonstrated, in a trial bum or by alternative data specified in § 100.41(b)(5)(iii) of these regulations, as sufficient to ensure compliance with the performance standards of § 264.342, § 264.343, § 264.344, and § 264.345.

(c) Operating Requirements:

1. (1) Hazardous Constituents Risk Based Standard. The Director may establish any permit condition that is necessary to ensure that stack emissions from the facility do not exceed the risk based performance standard of § 264.342(a) or any other performance standard of this Subpart, as necessary to protect human health and the environment Such permit conditions may include but are not limited to: requiring a 99.999% or 99.9999% DRE for POHCs, requiring feed rate limitations for particular compounds, or requiring mass emissions limits for specific compounds.
   1. (2) Organic emission standards.
      1. (i) DRE standard. Operating conditions will be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated in a trial burn or by alternative data as specified in § 100.41(b)(5) to be sufficient to comply with the destruction and removal efficiency (DRE) performance standard of § 264.342(a). Each set of operating requirements will specify the composition of the hazardous waste (including acceptable variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the DRE performance standard) to which the operating requirements apply. For each such hazardous waste, the permit will specify acceptable operating limits including, but not limited to, the following conditions as appropriate:
         1. (A) Feed rate of hazardous waste and other fuels measured and specified as prescribed in paragraph (f) of this section;
         2. (B) Minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in paragraph (6) of this section;
         3. (C) Appropriate controls of the hazardous waste firing system;
         4. (D) Allowable variation in incinerator, boiler and industrial furnace system design or operating procedures;
         5. (E) Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in paragraph (f) of this section;
         6. (F) An appropriate indicator of combustion gas velocity, measured and specified as prescribed in paragraph (f) of this section, unless documentation is provided under § 100.28 demonstrating adequate combustion gas residence time; and (G) Such other operating requirements as are necessary to ensure that the DRE performance standard of § 264.342(b) is met.
         7. (ii) Carbon monoxide and hydrocarbon standards. The permit must incorporate a carbon monoxide (CO) limit and a hydrocarbon (HC) limit as provided by paragraphs (c) and (d) of § 264.342. The permit limits will be specified as follows:
         8. (A) When complying with the CO standard of § 264.342(c)(l), the permit limit is 100 ppmv;
         9. (B) When complying with the alternative CO standard under § 264.342(d), the permit limit for CO is based on the trial burn and is established as the average over all valid runs of the highest hourly rolling average CO level of each run, and the permit limit for HC is 20 ppmv (as defined in § 264.342(d)(l), except as provided in § 264.342(h).
         10. (C) When complying with the alternative HC limit for industrial furnaces under § 264.342(e), the permit limit for HC and CO is the baseline level when hazardous waste is not burned as specified by that paragraph.
         11. (iii) Start-up and shut-down. During start-up and shut-down of the incinerator, boiler, or industrial furnace, hazardous waste (except waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for metals and chloride/chlorine) must not be fed into the device unless the device is operating within the conditions of operation specified in the permit.
         12. (3) Requirements to ensure conformance with the particulate standard. (i)The permit shall specify the following operating requirements to ensure conformance with the particulate standard specified in § 264.343:
         13. (A) Total ash feed rate to the device from hazardous waste, other fuels, and industrial furnace feedstocks, measured and specified as prescribed in paragraph (c)(6) of this section;
         14. (B) Maximum device production rate when producing normal product expressed in appropriate units, and measured and specified as prescribed in paragraph (c)(6) of this section;
         15. (C) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
         16. (D) Allowable variation in incinerator, boiler, or industrial furnace system design including any air pollution control system or operating procedures; and (E) Such other operating requirements as are necessary to ensure that the particulate standard in § 264.343 is met (ii) Reserved (iii) Reserved (4) Requirements to ensure conformance with the metals emissions standard.
         17. (i) For conformance with the Tier I (or adjusted Tier I) metals feed rate screening limits of paragraphs (b) or (e) of § 264.344, the permit shall specify the following operating requirements:
         18. (A) Total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified under provisions of paragraph (c)(6) of this section;
         19. (B) Total feed rate of hazardous waste measured and specified as prescribed in paragraph (c)(6) of this section;
         20. (C) A sampling and metals analysis program for the hazardous waste, other fuels, and industrial furnace feedstocks;
         21. (ii) For conformance with the Tier II metals emission rate screening limits under § 264.344(c) and the Tier III metals controls under § 264.344(d), the permit shall specify the following operating requirements:
         22. (A) Maximum emission rate for each metal specified as the average emission rate during the trial burn;
         23. (B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph (c)(6) of this section;
         24. (C) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in paragraphs (c)(6) of this section:
         25. (1) Total feed streams;
         26. (2) Total hazardous waste feed; and (3) Total pumpable hazardous waste feed;
         27. (D) Total feed rate of chlorine and chloride in total feed streams measured and specified as prescribed in paragraph (c)(6) of this section;
         28. (E) Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in paragraph (c)(6) of this section;
         29. (F) Maximum flue gas temperature at the inlet to the participate matter air pollution control system measured and specified as prescribed in paragraph (c)(6) of this section;
         30. (G) Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in paragraph (c)(6) of this section;
         31. (H) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
         32. (I) Allowable variation in incinerator, boiler, or industrial furnace system design including any air pollution control system or operating procedures; and (J) Such other operating requirements as are necessary to ensure that the metals standards under § 264.344 are met.
         33. (iii) For conformance with an alternative implementation approach approved by the Director under § 264.344(f), the permit will specify the following operating requirements:
         34. (A) Maximum emission rate for each metal specified as the average emission rate during the trial burn;
         35. (B) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph (c)(6) of this section;
         36. (C) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in paragraph (c)(6) of this section:
         37. (1) Total hazardous waste feed; and (2) Total pumpable hazardous waste feed;
         38. (D) Total feed rate of chlorine and chloride in total feedstreams measured and specified as prescribed in paragraph (c)(6) of this section;
         39. (E) Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in paragraph (c)(6) of this section;
         40. (F) Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in paragraph (c)(6) of this section;
         41. (G) Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in paragraph 00(6) of this section;
         42. (H) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
         43. (I) Allowable variation in incinerator, boiler, or industrial furnace system design including any air pollution control system or operating procedures; and (J) Such other operating requirements as are necessary to ensure that the metals standards under § 264.344(c) or (d) are met.
         44. (5) Requirements to ensure conformance with the hydrogen chloride and chlorine gas standards. (i)For conformance with the Tier I total chlorine and chloride feed rate screening limits of § 264.345(b)(l), the permit will specify the following operating requirements:
         45. (A) Feed rate of total chlorine and chloride in hazardous waste, other fuels, and industrial furnace feedstocks, measured and specified as prescribed in paragraph (c)(6) of this section;
         46. (B) Feed rate of total hazardous waste measured and specified as prescribed in paragraph (c)(6) of this section;
         47. (C) A sampling and analysis program for total chlorine and chloride for the hazardous waste, other fuels, and industrial furnace feedstocks;
         48. (ii) For conformance with the Tier II HC1 and C1 emission rate screening limits under § 264.345(b)(2) and the Tier III HC1 and C1 controls under § 264.345(c), the permit will specify the following operating requirements:
         49. (A) Maximum emission rate for HC1 and for C1 specified as the average emission rate during the trial burn;
         50. (B) Feed rate of total hazardous waste measured and specified as prescribed in paragraph (c)(6) of this section;
         51. (C) Total feed rate of chlorine and chloride in total feed streams, measured and specified as prescribed in paragraph (cX6) of this section;
         52. (D) Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in paragraph (c)(6) of this section;
         53. (E) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
         54. (F) Allowable variation in incinerator, boiler, or industrial furnace system design including any air pollution control system or operating procedures; and (G) Such other operating requirements as are necessary to ensure that the HC1 and Cl standards under § 264.345 are met.
         55. (6) Measuring parameters and establishing limits based on trial burn data.
         56. (i) General requirements. As specified in paragraphs (c)(3) through (c)(5) of this section, each operating parameter shall be measured, and permit limits on the parameter shall be established, according to either of the following procedures:
         57. (A) Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that occurs at any time) and the permit limit specified as the time-weighted average during all valid runs of the trial burn; or (B) Hourly rolling average.
         58. (1) The limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:
         59. (i) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.
         60. (ii) An hourly rolling average is the arithmetic mean of the 60 most recent 1-minute average values recorded by the continuous monitoring system.
         61. (2) The permit limit for the parameter shall be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average value for each run.
         62. (ii) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., arsenic, beryllium, cadmium, nickel and chromium) and lead may be established either on an hourly rolling average basis as prescribed by paragraph (c)(6) of this section or on (up to) a 24 hour rolling average basis. If the owner or operator elects to use an average period from 2 to 24 hours:
         63. (A) The feed rate of each metal shall be limited at any time to ten times the feed rate that would be allowed on an hourly rolling average basis;
         64. (B) The continuous monitor shall meet the following specifications:
         65. (1) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.
         66. (2) The rolling average for the selected averaging period is defined as the arithmetic mean of one hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the 60-minute period beginning at one minute after the beginning of preceding clock hour; and (C) The permit limit for the feed rate of each metal shall be established based on trial bum data as the average over all valid test runs of the highest hourly rolling average feed rate for each run.
         67. (iii) Feed rate limits for metals, total chlorine and chloride, and ash. Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored based upon the concentration of the substance (i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream must be monitored under the continuous monitoring requirements of paragraphs (c)(6)(i) and (ii) of this section.
         68. (iv) Conduct of trial burn testing.
         69. (A) If compliance with all applicable emissions standards of §§ 264.342 through
         70. 264.345 is not demonstrated simultaneously during a set of test runs, the

             operating conditions of additional test runs required to demonstrate compliance with remaining emissions standards must be substantially equivalent to the original operating conditions.

         71. (B) Prior to obtaining test data for purposes of demonstrating compliance with the emissions standards of §§ 264.342 through 264.345 or establishing limits on operating parameters under this section, the facility must operate under trial burn conditions for a sufficient period to reach steady- state operations. The Director may determine, however, that industrial furnaces that recycle collected particulate matter back into the furnace and that comply with an alternative implementation approach for metals under § 264.344(f) need not reach steady state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals emissions.
         72. (C) Trial bum data on the level of an operating parameter for which a limit must be established in the permit must be obtained during emissions sampling for the pollutant(s) (i.e., metals, PM, HC1/C1 , organic compounds) for which the parameter must be established as specified by this section.

(d) General requirements.

1. (1) Fugitive emissions. Fugitive emissions must be controlled by.
   1. (i) Keeping the combustion zone totally sealed against fugitive emissions; or (ii) Maintaining the combustion zone pressure lower than atmospheric pressure; or (iii) An alternate means of control demonstrated (with Part B of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.
      1. (2) Automatic waste feed cutoff. An incinerator, boiler or industrial furnace must be operated with a functioning system that automatically cuts off the hazardous waste feed when operating conditions deviate from those established under this section. The Director will specify a limit for the number of cutoffs per an operating period on a case-by-case basis when necessary to ensure protection of human health or the environment, and/or to ensure proper operation and/or functioning of the incineration facility. In addition:
         1. (i) The permit limit for (the indicator of) minimum combustion chamber temperature must be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber, (ii) Exhaust gases must be ducted to the air pollution control system operated in accordance with the permit requirements while hazardous waste or hazardous waste residues remain in the combustion chamber; and (iii) Operating parameters for which permit limits are established must continue to be monitored during the cutoff, and the hazardous waste feed shall not be restarted until the levels of those parameters comply with the permit limits. For parameters that may be monitored on an instantaneous basis, the Director will establish a minimum period of time after a waste feed cutoff during which the parameter must not exceed the permit limit before the hazardous waste feed may be restarted.
         2. (3) Changes in operating conditions. An incinerator, boiler or industrial furnace must cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the incinerator, boiler or industrial furnace design or operating conditions are expected or proposed which deviate from the limits as specified in the permit.

(e) Monitoring and Inspections.

1. (1) The owner or operator must monitor and record the following, at a minimum, while burning hazardous waste:
   1. (i) If specified by the permit, feed rates and composition of hazardous waste, other fuels, industrial furnace feedstocks, and feed rates of ash, metals, and total chlorine and chloride;
      1. (ii) If specified by the permit, carbon monoxide (CO), hydrocarbons (HC), and oxygen (O ), HCl , and opacity on a continuous basis at a common point in the 2 gas incinerator, boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with operating requirements specified in paragraph (b)(2) of this section. CO, HC, and oxygen monitors must be installed, operated, and maintained in accordance with methods specified in Appendix IX to § 264.348 of these regulations. Additional emissions monitors may be required in the facility's permit in accordance with § 264.346(k), based on the composition of the waste being combusted and the availability of monitoring equipment.
         1. (iii)Upon the request of the Director, sampling and analysis of the hazardous waste (and other fuels and industrial feedstocks as appropriate), residues, and exhaust emissions must be conducted to verify that the operating requirements established in the permit achieve the applicable performance standards of §§ 264.342,264.343, 264.344, and 264.345.
         2. (2) All monitors shall record data in units corresponding to the permit limit unless otherwise specified in the permit.
         3. (3) The incinerator, boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to thorough visual inspection when it contains hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs of tampering.
         4. (4) The automatic hazardous waste feed cutoff system and associated alarms must be tested at least once every 7 days when hazardous waste is burned to verify operability, unless the applicant demonstrates to the Director that weekly inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. At a minimum, operational testing must be conducted at least once every 30 days.
         5. (5) These monitoring and inspection data must be recorded and the records must be placed in the operating record required by § 264.73 of these regulations.

(f) Standards for direct transfer. If hazardous waste is directly transferred from a transport vehicle to an incinerator, boiler, or industrial furnace without the use of a storage unit, the owner and operator must comply with the requirements of this section.

1. (1) Applicability. The regulations in this section apply to owners and operators of incinerators, boilers, and industrial furnaces subject to §§ 264.346 or 265.140 if hazardous waste is directly transferred from a transport vehicle to an incinerator, boiler or industrial furnace without the use of a storage unit.
   1. (2) Definitions.
      1. (i) When used in this section, the following terms have the meanings given below: Direct transfer equipment means any device (including but not limited to, such devices as piping, fittings, flanges, valves, and pumps) that is used to distribute, meter, or control the flow of hazardous waste between a container (i.e., transport vehicle) and an incinerator, boiler or industrial furnace. Container means any portable device in which hazardous waste is transported, stored, treated, or otherwise handled, and includes transport vehicles that are containers themselves (e.g., tank trucks, tanker-trailers, and rail tank cars), and containers placed on or in a transport vehicle.
         1. (ii) This section references several requirements provided in Subparts I and J of Parts 264 and 265. For purposes of this section, the term “tank systems” in those referenced requirements means direct transfer equipment as defined in paragraph (f)(2)(i) of this section.
         2. (3) General operating requirements.

            (i)No direct transfer of a pumpable hazardous waste shall be conducted from an open-top container to an incinerator, boiler or industrial furnace.

         3. (ii) Direct transfer equipment used for pumpable hazardous waste shall always be closed, except when necessary to add or remove the waste, and shall not be opened, handled, or stored in a manner that may cause any rupture or leak.
         4. (iii) The direct transfer of hazardous waste to an incinerator, boiler or industrial furnace shall be conducted so that it does not:
         5. (A) Generate extreme heat or pressure, fire, explosion, or violent reaction;
         6. (B) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;
         7. (C) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
         8. (D) Damage the structural integrity of the container or direct transfer equipment containing the waste;
         9. (E) Adversely affect the capability of the incinerator, boiler or industrial furnace to meet the standards provided by §§ 264.342 through 264.345; or (F) Threaten human health or the environment.
         10. (iv) Hazardous waste shall not be placed in direct transfer equipment, if it could cause the equipment or its secondary containment system to rupture, leak, corrode, or otherwise fail.
         11. (v) The owner or operator of the facility shall use appropriate controls and practices to prevent spills and overflows from the direct transfer equipment or its secondary containment systems. These include at a minimum:
         12. (A) Spill prevention controls (e.g., check valves, dry discount couplings); and (B) Automatic waste feed cutoff to use if a leak or spill occurs from the direct transfer equipment.
         13. (4) Areas where direct transfer vehicles (containers) are located. Applying the definition of container under this section, owners and operators must comply with the following requirements:
         14. (i) The containment requirements of § 264.175 of these regulations;
         15. (ii) The use and management requirements of Subpart I, Part 265 of these regulations, except for §§ 265.170 and 265.174, and except that in lieu of the special requirements of § 265.176 for ignitable or reactive waste, the owner or operator may comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjacent property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's (NFPA) “Flammable and Combustible Liquids Code,” (1977 or 1981), (incorporated by reference, see § 260.11). The owner or operator must obtain and keep on file at the facility a written certification by the local Fire Marshall that the installation meets the subject NFPA codes; and (iii) The closure requirements of § 264.178 of these regulations.
         16. (5) Direct transfer equipment. Direct transfer equipment must meet the following requirements:
         17. (i) Secondary containment. Owners and operators shall comply with the secondary containment requirements of § 265.193 of these regulations, except for paragraphs 265.193(a), (d), (e), and (i) as follows:
         18. (A) For all new direct transfer equipment, prior to their being put into service; and (B) For existing direct transfer equipment within 2 years after August 21,1991 (or within two years of the effective date of the regulations which first require the owner or operator to comply with the standards set forth in Part 265).
         19. (ii) Requirements prior to meeting secondary containment requirements.
         20. (A) For existing direct transfer equipment that does not have secondary containment, the owner or operator shall determine whether the equipment is leaking or is unfit for use. The owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by a qualified, registered professional engineer in accordance with § 100.12(d) of these regulations that attests to the equipment's integrity by August 21, 1992 (or within one year of the effective date of the regulations which first require the owner or operator to comply with the standards set forth in Part 265).
         21. (B) This assessment shall determine whether the direct transfer equipment is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be transferred to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment shall consider the following:
         22. (1) Design standard(s), if available, according to which the direct transfer equipment was constructed;
         23. (2) Hazardous characteristics of the waste(s) that have been or will be handled;
         24. (3) Existing corrosion protection measures;
         25. (4) Documented age of the equipment, if available, (otherwise, an estimate of the age); and (5) Results of a leak test or other integrity examination such that the effects of temperature variations, vapor pockets, cracks, leaks, corrosion, and erosion are accounted for.
         26. (C) If, as a result of the assessment specified above, the direct transfer equipment is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of §§ 265.196 (a) and (b) of these regulations.
         27. (iii) Inspections and recordkeeping.

             The owner or operator must inspect at least once each operating hour when hazardous waste is being transferred from the transport vehicle (container) to the incinerator, boiler or industrial furnace:

         28. (1) Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order;
         29. (2) The above ground portions of the direct transfer equipment to detect corrosion, erosion, or releases of waste (e.g., wet spots, dead vegetation); and (3) Data gathered from monitoring equipment and leak-detection equipment, (e.g., pressure and temperature gauges) to ensure that the direct transfer equipment is being operated according to its design.
         30. (B) The owner or operator must inspect cathodic protection systems, if used, to ensure that they are functioning properly according to the schedule provided by § 265.195(b) of these regulations:
         31. (C) Records of inspections made under this paragraph shall be maintained in the operating record at the facility, and available for inspection for at least 3 years from the date of the inspection.
         32. (iv) Design and installation of new ancillary equipment. Owners and operators must comply with the requirements of § 265.192 of these regulations.
         33. (v) Response to leaks or spills. Owners and operators must comply with the requirements of § 265.196 of these regulations.
         34. (vi) Closure. Owners and operators must comply with the requirements of § 265.197 of these regulations, except for § 265.197(cX2) through (c)(4).

(g) Recordkeeping.

1. The owner or operator must keep in the operating record of the facility all information and data required by this section until closure of the facility.

(h) Closure.

1. At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the incinerator, boiler or industrial furnace. At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with § 261.3(d) of these regulations, that the residue removed from the incinerator, boiler or industrial furnace is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with applicable requirements of Parts 262 through 266 of these regulations.
   1. (i) Periodic sampling and analyses of environmental media (air, soil (and/or vegetation), surface water and/or ground water) in proximity to the incineration, boiler or industrial furnace facility:
      1. (1) If the results of the air dispersion modeling and risk assessment conducted under § 100.28(h) or § 100.28(i), § 264.347(d), or other information obtained by the Director, indicate that ambient levels of Appendix VIII constituents exceed a performance standard of the permit, the Director will require the owner or operator to sample environmental media and analyze it for the constituents of concern. The initial sampling conducted prior to operation of a hazardous waste incinerator, boiler, or industrial furnace if required, will be used to establish baseline levels of the constituents of concern at selected locations. Periodic monitoring of the media of concern for these compounds may be required in the facility's operating permit to provide for comparison with the baseline levels of the constituents of concern.
         1. (2) If sampling of environmental media is required under this part, the owner or operator shall develop a sampling and analysis plan for the Director's review and approval. Following the Director's approval of the sampling and analysis plan and its subsequent implementation, the owner or operator shall prepare a report containing the results of such sampling and analyses to the Director. The Director shall review the results and provide comments to the owner or operator. Based on these results, the Director may require the owner or operator to perform revised and/or additional site specific risk assessments, using approved methods. Alternatively, the Director may modify the permit requirements appropriately to ensure that performance standards of this Subpart are not exceeded.
         2. (3) If the results of sampling of any environmental media indicate that levels of any Appendix VIII constituents, or any other compounds, released as a result of hazardous waste incineration activities exceed performance standards of this Subpart, the Director shall modify, revoke and reissue, or terminate the State RCRA permit for the incineration facility.

(j) Periodic stack emissions and compliance test and report:

1. (1) The Director shall specify a periodic stack emissions sampling and analyses frequency in an incineration, boiler or industrial furnace facility's operating permit to ensure that the performance standards of this Subpart and the facility's permit are met, and to ensure protection of human health and the environment. The owner or operator shall conduct sampling and analysis, and report the results, in accordance with procedures specified in the facility's permit.
   1. (2) The owner or operator shall conduct a comparison of measured emissions to performance standards of this Subpart using the results of testing required under this section as follows:
      1. (i) The facility shall report the results of all Part 261, Appendix VIII compounds, any additional organic or metallic compounds, and other emissions (such as PM, HC1, C1 ) sampled and analyzed during the trial burn(s) or periodic compliance test.
         1. (ii) The owner or operator shall perform a comparison of the measured emissions and predicted ambient air concentrations calculated from the approved air dispersion model, which are based on the measured emissions from the facility during the trial burn or compliance test, with the performance standards of this Subpart. The results of this comparison shall be reported in the trial burn or periodic compliance report.
         2. (iii) If any performance standard of this Subpart is exceeded based on the emissions test and air dispersion modeling (or as determined through site specific ambient air sampling and analyses, if performed), the facility shall cease feeding hazardous waste immediately and notify the Director in writing of the results of this assessment. Feeding hazardous waste to the incineration, boiler or industrial furnace facility may resume only after the Director has reviewed the trial burn report or periodic compliance test results, as applicable, and the Director has allowed the owner or operator to resume hazardous waste operations, or has revised the facility operating permit to operate under modified operating conditions, or has approved a revised trial burn plan under § 100.28, and has issued a permit to conduct another trial burn.

(k) Compound specific emissions monitoring:

1. The Director will specify compound specific emissions monitoring in the facility's operating permit to demonstrate that the performance standards of this Subpart and the facility's permit are met, and to ensure protection of human health and the environment. Where such monitoring is required, the owner or operator shall assess the available technology for monitoring the required emissions. If the owner or operator cannot locate commercially available technology that meets the requirements for monitoring required by the Director, the owner or operator shall submit a certified statement to die Director documenting the facility's efforts to meet the requirement.

(l) Remote data acquisition for continuously monitored operating conditions and emissions: The Director will require the owner or operator to provide a system for remote data acquisition of periodically or continuously monitored operating conditions and emissions in order to assess compliance with the facility's permit and the requirements of this Subpart. The performance characteristics of such a system shall be proposed in the facility's permit application, or specified by the Director in an operating permit.

(m) Personnel training for hazardous waste incineration, boiler or industrial furnace facilities; Additional requirements.

1. In addition to the requirements of § 264.16 of these regulations, an incineration, boiler or industrial furnace facility's personnel training plan shall meet the following requirements:
   1. (1) Personnel involved in the operation of hazardous waste incinerators, boilers, and industrial furnaces shall complete a Division-approved training program designed to provide a thorough background in basic design, proper operation and maintenance of an incineration facility. The training curriculum shall include classroom and simulation training, and supervised on-the-job training at an operating incineration, boiler or industrial furnace facility. The program shall require that the trainee be trained in all phases of the facility operation in his/her area of assignment prior to working in an unsupervised position operating an incineration, boiler or industrial furnace facility. Operators shall receive training specific to the type of device, or aspect of the facility's operation, for which he/she will be responsible. The owner or operator shall document the content and date of each major phase of operator training, and the party responsible for providing the training.
      1. (2) Operators of hazardous waste incinerators, boilers, and industrial furnaces shall not work in an unsupervised position until they have completed the training program required to operate the particular aspect of the facility operation for which they are assigned.
         1. (3) Annual refresher: Incinerator, boiler, and industrial furnace operators shall receive an annual refresher, and periodic updates as necessary, to supplement initial training. The annual refresher shall be developed by qualified instructors and based on the original training program to demonstrate continued proficiency in the operators' area(s) of assignment at the facility.
         2. (4) Prior to commencing operation of an incineration, boiler or industrial furnace facility, the owner or operator shall submit a list of qualified operators to the Division for review. The list of operators shall include copies of the operators' training and prior experience at combustion facilities. If any operator has deficiencies necessary to complete the approved training program, this training will be completed prior to working in an unsupervised position.
         3. (5) Personnel involved in maintenance (those who are not assigned operators) of hazardous waste incinerators, boilers, and industrial furnaces shall be properly trained in a program with an explicit curriculum, and must satisfactorily complete training in their area of assignment prior to working in an unsupervised position.
         4. (6) Standard operating procedures for conducting inspections and maintenance activities shall be developed and maintained on-site. These documents shall be part of the facility's operating records, and must be kept up-to-date. Facility operators and maintenance personnel shall be trained on the operating procedures, and involved in their revision, where necessary.
         5. (7) All personnel involved in operation of a hazardous waste incineration, boiler or industrial furnace facility shall receive thorough training in the facility's contingency plan and emergency response procedures prior to working in an unsupervised position at an operating incineration facility regulated by this Subpart.

(n) Emergency Planning and Response for incineration, boiler or industrial furnace facilities; Additional requirements.

1. (1) In addition to the requirements of Part 264-Subparts C and D, if local emergency response authorities decline to enter into emergency response arrangements, the owner or operator shall notify the Director in writing of this fact within 10 days of such refusal, and will prepare an alternative contingency plan addressing on-site and off-site releases of hazardous waste and constituents, and comply with § 264.3l(b).
   1. (2) In addition to the requirements of Part 264-Subparts C and D, an incineration, boiler or industrial furnace facility's emergency response arrangements shall designate each party's roles and responsibilities, and establish procedures for responding to off-site releases of hazardous waste and constituents.
      1. (3) In addition to the requirements of Part 264-Subparts C and D, an incineration, boiler or industrial furnace facility's contingency/emergency plan shall contain:
         1. (i) A “maximum credible accident” scenario for a hazardous waste emergency at the facility, and establish emergency measures to respond to such an incident, developed through coordination with local emergency response authorities. (If the facility is required to develop a risk management plan under the federal Clean Air Act and the implementing regulations, or under equivalent state air pollution control regulations, which addresses this requirement, the owner or operator shall notify the Division of this situation in order that he/she may evaluate consistency between these requirements.
         2. (ii) Procedures for rapidly evaluating off-site impacts and a procedure for determining the need for evacuation of persons located outside the facility boundary which may be adversely affected by a release of hazardous waste or constituents.
         3. (iii) A specific evacuation plan for persons located off-site in the event of a release of hazardous waste or constituents which would trigger a need for evacuation. In the event that local authorities take the lead responsibility for developing the evacuation plan for persons located outside the facility boundary, the owner or operator shall cooperate with the responsible agency(s) in its development. The owner or operator shall request a copy of the evacuation plan, maintain it and any subsequent revisions, at the facility as part of the facility's contingency plan, and assign responsibility in accordance with paragraph (i)(2) of this section.
         4. (4) The procedures for evaluating off-site releases and the off-site evacuation plan shall be subject to the review and concurrence of the local emergency response authorities prior to operation of the incineration, boiler or industrial furnace facility. In the event that local concurrence is not granted, the owner or operator shall promptly notify the Director in writing of this situation.
         5. (5) The owner or operator shall provide appropriate training to those employees responsible for implementing the contingency/emergency plan, in accordance with the training plan requirements of § 264.16 and § 264.347(h) of these regulations.
         6. (6) The owner or operator will attempt to coordinate periodic exercises with the local emergency response authorities, at a frequency acceptable to the responsible agency(s), to familiarize all responsible parties with the emergency response procedures and test the effectiveness of the contingency/emergency response plan. Based on the results of these exercises, the owner or operator, in consultation with the local emergency response authorities, shall make necessary revisions to the plan to ensure that it functions as designed in an emergency.

§264.347 Regulation of residues.

A residue derived from the burning or processing of hazardous waste in an boiler or industrial furnace is not excluded from the definition of a hazardous waste under § 261.4(b) (4), (7), or (8) unless the device and the owner or operator meet the following requirements:

1. (a) The device meets the following criteria:
   1. (1) Boilers. Boilers must burn at least 50% coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal;
      1. (2) Ore or mineral furnaces. Industrial furnaces subject to § 261.4(b)(7) must process at least 50% by weight normal, nonhazardous raw materials;
         1. (3) Cement kilns. Cement kilns must process at least 50% by weight normal cement production raw materials;
         2. (b) The owner or operator demonstrates that the hazardous waste does not significantly affect the residue by demonstrating conformance with either of the following criteria:
         3. (1) Comparison of waste-derived residue with normal residue. The waste-derived residue must not contain Appendix VIII, Part 261 constituents (toxic constituents) that could reasonably be attributable to the hazardous waste at concentrations significantly higher than in residue generated without burning or processing of hazardous waste, using the following procedure. Toxic compounds that could reasonably be attributable to burning or processing the hazardous waste (constituents of concern) include toxic constituents in the hazardous waste, and the organic compounds listed in Appendix VIII to § 264.348 of these regulations that may be generated as products of incomplete combustion. Sampling and analyses shall be in conformance with procedures prescribed in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, incorporated by reference in § 260.1l(a) of these regulations. For polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be performed to determine specific congeners and homologues, and the results converted to 2,3,7,8-TCDD equivalent values using the procedure specified in section 4.0 of Appendix IX to §
         4. 264.348 of these regulations.
         5. (i) Normal residue. Concentrations of toxic constituents of concern in normal residue shall be determined based on analyses of a minimum of 10 samples representing a minimum of 10 days of operation. Composite samples may be used to develop a sample for analysis provided that the compositing period does not exceed 24 hours. The upper tolerance limit (at 95% confidence with a 95% proportion of the sample distribution) of the concentration in the normal residue shall be considered the statistically-derived concentration in the normal residue. If changes in raw materials or fuels reduce the statistically-derived concentrations of the toxic constituents of concern in the normal residue, the statistically- derived concentrations must be revised or statistically-derived concentrations of toxic constituents in normal residue must be established for a new mode of operation with the new raw material or fuel. To determine the upper tolerance limit in the normal residue, the owner or operator shall use statistical procedures prescribed in “Statistical Methodology for Bevill Residue Determinations” in Appendix IX to § 264.348 of these regulations.
         6. (ii) Waste-derived residue. Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the concentrations established for the normal residue under paragraph (b)(1)(i) of this section. If so, hazardous waste burning has significantly affected the residue and the residue shall not be excluded from the definition of a hazardous waste. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis provided that the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24- hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded; or (2) Comparison of waste-derived residue concentrations with health-based limits- (i) Nonmetal constituents. The concentration of each nonmetal toxic constituent of concern (specified in paragraph (b)(l) of this section) in the waste-derived residue must not exceed the health-based level specified in Appendix VII to § 264.348 of these regulations, or the level of detection (using analytical procedures prescribed in SW-846), whichever is higher. If a health-based limit for a constituent of concern is not listed in Appendix VII to § 264.348 of these regulations, then a limit of 0.002 micrograms per kilogram or the level of detection (using analytical procedures contained in SW-846, or other appropriate methods), whichever is higher, must be used. The levels specified in Appendix VII to § 264.348 of these regulations (and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note 1 of Appendix VII to § 264.348 of these regulations) are administratively stayed under the condition, for those constituents specified in paragraph (b)(l) of this section, that the owner or operator complies with alternative levels defined as this land disposal restriction limits specified in § 268.40 of these regulations for F039 nonwastewaters. In complying with those alternative levels, if an owner or operator is unable to detect a constituent despite documenting use of best good-faith efforts as defined by applicable Department guidance or standards, the owner or operator is deemed to be in compliance for that constituent Until new guidance or standards are developed, the owner or operator may demonstrate such good faith efforts by achieving a detection limit for the constituent that does not exceed an order of magnitude above the level provided by § 268.40 of these regulations for F039 nonwastewaters. In complying with the § 268.40 of these regulations F039 nonwastewater levels for polychlorinated dibenzo-p- dioxins and polychlorinated dibenzo-furans, analyses must be performed for total hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, total tetracblorodibenzo-p-dioxins, and total tetrachlorodibenzofurans. Note to this paragraph: The administrative stay, under the condition that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in § 268.40 of these regulations for F039 nonwastewaters, remains in effect until further administrative action is taken and notice is published in the Colorado Register Register.
         7. (ii) Metal constituents. The concentration of metals in an extract obtained using the Toxicity Characteristic Leaching Procedure of § 261.24 of these regulations must not exceed the levels specified in Appendix VII to §
         8. 264.348 of these regulations; and
         9. (iii) Sampling and analysis. Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the health-based levels. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis provided that the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24- hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded; and (c) Records sufficient to document compliance with the provisions of this section shall be retained until closure of the boiler or industrial furnace unit. At a minimum, the following shall be recorded.
         10. (1) Levels of constituents in Appendix VIII, Part 261, that are present in waste-derived residues;
         11. (2) If the waste-derived residue is compared with normal residue under paragraph (b)(l) of this section:
         12. (i) The levels of constituents in Appendix VIII, Part 261, that are present in normal residues; and (ii) Data and information, including analyses of samples as necessary, obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue. Subpart L [Reserved] SUBPART O APPENDICES I -XIII Appendix I. - Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals Table I-A. - Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex Terrain [Values for urban areas] Terrain adjusted eff. stack Antimony (g/hr) Barium (g/hr) Lead (g/hr) ht.(m)

      4 6.0E+01 1.0E+04 1.8E+01 6 6.8E+01 1.1E+04 2.0E+01 8 7.6E+01 1.3E+04 2.3E+01 10 8.6E+01 1.4E+04 Z6E+01 12 9.6E+01 1.7E+04 3.0E+01 14 1.1E+02 1.8E+04 3.4E+01 16 1.3E+02 Z1E+04 3.6E+01 18 1.4E+02 2.4E+04 4.3E+01 20 1.6E+02 Z7E+04 4.6E+01 22 1.8E+02 3.0E+04 5.4E+01 24 2.0E+02 3.4E+04 6.0E+01 26 2.3E+02 3.9E+04 6.8E+01 28 2.6E+02 4.3E+04 7.8E+01 30 3.0E+02 5.0E+04 9.0E+01 35 4.0E+02 6.6E+04 1.1E+02 40 4.6E+02 7.8E+04 1.4E+02 45 6.0E+02 1.0E+05 1.8E*02 50 7.8E+02 1.3E*05 2.3E+02 55 9.6E+02 1.7E+05 3.0E+02 60 1.2E+03 2.0E+05 3.6E+02 65 1.5E+03 2.5E+05 4.3E+02 70 1.7E+03 2.8E+05 5.0E+02 75 1.9E+03 3.2E+05 5.8E+02 80 2.2E+03 3.6E+05 6.4E+02 85 2.5E+03 4.0E+05 7.6E+02 90 2.8E+03 4.6E+O5 8.2E+02 95 3.2E+03 5.4E+05 9.6E+02 100 3.6E+03 6.0E+05 1.1E+03 105 4.0E+03 6.8E+05 1.2E+03 110 4.6E+03 7.8E+05 1.4E+03 115 5.4E+03 8.6E+05 1.6E+03 120 6.0E+03 1.0E+06 1.8E+03 Table I-B. - Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Noncomplex Terrain [Values for rural areas] Terrain adjusted eff. stack Antimony (g/hr) Barium (g/hr) Lead (g/hr) ht.(m)

      4 3.1E+01 5.2E+03 9.4E+00 6 3.6E+01 6.0E+03 1.1E+01 8 4.0E+01 6.8E+03 1.2E+01 10 4.6E+01 7.8E+03 1.4E+01 12 5.8E+01 9.6E+03 1.7E+01 14 6.8E+01 1.1E+04 2.1E+01 16 8.6E+01 1.4E+04 2.6E+01 18 1.1E+02 1.8E+04 3.2E+01 20 1.3E+02 2.2E+04 4.0E+01 22 1.7E+02 2.8E+04 5.0E+01 24 2.2E+02 3.6E+04 6.4E+01 26 2.8E+02 4.6E+04 8.2E+01 28 3.5E+02 5.8E+04 1.0E+02 30 4.3E+02 7.6E+04 1.3E+02 35 7.2E+02 1.2E+05 2.1E+02 40 1.1E+03 1.8E+05 3.2E+02 45 1.5E+03 2.5E+05 4.6E+02 50 2.0E+03 3.3E+05 6.0E+02 55 2.6E+03 4.4E+05 7.8E+02 60 3.4E+03 5.8E+05 1.0E+03 65 4.6E+03 7.6E+05 1.4E+03 70 5.4E+03 9.0E+05 1.6E+03 75 6.4E+03 1.1E+06 1.9E+03 80 7.6E+03 1.3E+06 2.3E+03 85 9.4E+03 1.5E+06 2.8E+03 90 1.1E+04 1 8E+06 3.3E+03 95 1.3E+04 2.2E+06 3.9E+03 100 1.5E+04 2.6E+06 4.6E+03 105 1.8E+04 3.0E+06 5.4E+03 110 2.2E+04 3.6E+06 6.6E+03 115 2.6E+04 4.4E+06 7.8E+03 120 3.1E+04 5.0E+06 9.2E+03 Table I-C. - Tier I and Tier II Feed Rate and Emissions Screening Limits for Noncarcinogenic Metals for Facilities in Complex Terrain Values for urban and rural areas Terrain adjusted eff. stack Antimony (g/hr) Barium (g/hr) Lead (g/hr) ht.(m)

      4 1.4E+01 2.4E+03 4.3E+00 6 2.1E+01 3.5E+03 6.2E+00 8 3.0E+01 5.0E+03 9.2E+00 10 4.3E+01 7.6E+03 1.3E+01 12 5.4E+01 9.0E+03 1.7E+01 14 6.8E+01 1.1E+04 2.0E+01 16 7.8E+01 1.3E+04 2.4E+01 18 8.6E+01 1.4E+04 2.6E+01 20 9.6E+01 1.6E+04 2.9E+01 22 1.0E+02 1.8E+04 3.2E+01 24 1.2E+02 1.9E+04 3.5E+01 26 1.3E+02 2.2E+04 3.6E+01 28 1.4E+02 2.4E+04 4.3E+01 30 1.6E+02 2.7E+04 4.6E+01 35 2.0E+02 3.3E+04 5.8E+01 40 2.4E+02 4.0E+04 7.2E+01 45 3.0E+02 5.0E+04 9.0E+01 50 3.6E+02 6.0E+04 1.1E+02 55 4.6E+02 7.6E+04 1.4E+02 60 5.8E+02 9.4E+04 1.7E+02 65 6.8E+02 1.1E+05 2.1E+02 70 7.8E+02 1.3E+05 2.4E+02 75 8.6E+02 1.4E+05 2.6E+02 80 9.6E+02 1.6E+05 2.9E+02 85 1.1E+03 1.8E+05 3.3E+02 90 1.2E+03 2.0E+05 3.6E+02 95 1.4E+03 2.3E+05 4.0E+02 100 1.5E+03 2.6E+05 4.6E+02 105 1.7E+03 2.8E+05 5.0E+02 110 1.9E+03 3.2E+05 5.8E+02 115 2.1E+03 3.6E+05 6.4E+02 120 2.4E+03 4.0E+05 7.2E+02 Table I-D. - Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Noncomplex Terrain Values for use in urban areas Terrain adjusted eff. stack Arsenic (g/hr) Cadmium (g/hr) Chromium (g/hr) ht.(m)

      4 4.6E-01 1.1E+00 1.7E-01 6 5.4E-01 1.3E+00 1.9E-01 8 6.0E-01 1.4E+00 2.2E-01 10 6.8E-01 1.6E+00 2.4E-01 12 7.6E-01 1.8E+00 2.7E.01 14 8.6E-01 2.1E+00 3.1E-01 16 9.6E-01 2.3E+00 3.5E-01 18 1.1E+00 2.6E+00 4.0E-01 20 1-2E+00 3.0E+00 4.4E-01 22 1.4E+00 3.4E+00 5.0E-01 24 1.6E+00 3.9E+00 5.8E-01 26 1.8E+00 4.3E+00 6.4E-01 28 2.0E+00 4.8E+00 7.2E-01 30 2.3E+00 5.4E+00 8.2E-01 35 3.0E+00 6.8E+00 1.0E+00 40 3.6E+00 9.0E+00 1.3E+00 45 4.6E+00 1.1E+01 1.7E+00 50 6.0E+00 1.4E+01 2.2E+00 55 7.6E+00 1.8E+01 2.7E+00 60 9.4E+00 2.2E+01 3.4E+00 65 1.1E+01 2.8E+01 4.2E+00 70 1.3E+01 3.1E+01 4.6E+00 75 1.5E+01 3.6E+01 5.4E+00 80 1.7E+01 4.0E+01 6.0E+00 85 1.9E+01 4.6E+01 6.8E+00 90 2.2E+01 5.0E+01 7.8E+00 95 2.5E+01 5.8E+01 9.0E+00 100 2.8E+01 6.8E+01 1.0E+01 105 3.2E+01 7.6E+01 1.1E+01 110 3.6E+01 8.6E+01 1.3E+01 115 4.0E+01 9.6E+01 1.5E+01 120 4.6E+01 1.1E+02 1.7E+01 Table I-E. - Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic Metals for Facilities in Complex Terrain Values for use in urban and rural areas Terrain adjusted eff. stack Arsenic (g/hr) Cadmium (g/hr) Chromium (g/hr) ht.(m)

      4 1.1E-01 2.6E-01 4.0E-02 6 1.6E-01 3.9E-01 5.8E-02 8 2.4E-01 5.8E-01 8.6E-02 10 3.5E-01 8.2E-01 1.3E-01 12 4.3E-01 1.0E+00 1.5E-01 14 5.0E-01 1.3E+00 1.9E-01 16 6.0E-01 1.4E-00 2.2E-01 18 6.8E-01 1.6E+00 2.4E-01 20 7.6E-01 1.8E+00 2.7E-01 22 8.2E-01 1.9E+00 3.0E-01 24 9.0E-01 2.1E+00 3.3E-01 26 1.0E-00 2.4E+00 3.6E-01 28 1.1E+00 2.7E+00 4.0E-01 30 1.2E+00 3.0E+00 4.4E-01 35 1.5E+00 3.7E+00 5.4E-01 40 1.9E+00 4.6E+00 6.8E-01 45 2.4E+00 5.4E+00 8.4E-01 50 2.9E+00 6.8E+00 1.0E+00 55 3.5E+00 8.4E+00 1.3E+00 60 4.3E+00 1.0E+01 1.5E+00 65 5.4E+00 1.3E+01 1.9E+00 70 6.0E+00 1.4E+01 2.2E+00 75 6.8E+00 1.6E+01 2.4E+00 80 7.6E+00 1.8E+01 2.7E+00 85 8.2E+00 2.0E+01 3.0E+00 90 9.4E+00 2.3E+01 3.4E+00 95 1.0E+01 2.5E+01 4.0E+00 100 1.2E+01 2.8E+01 4.3E+00 105 1.3E+01 3.2E+01 4.8E+00 110 1.5E+01 3.5E+01 5.4E+00 115 1.7E+01 4.0E+01 6.0E+00 120 1.9E+01 4.4E+01 6.4E+00 Table II - Tier I Feed Rate Screening Limits for Total Chlorine Noncomplex Terrain Complex Terrain Terrain adjusted effective Urban (g/hr) Rural (g/hr) (g/hr) stack height.(m)

      4 8.2E + 01 4.2E + 01 1.9E + 01 6 9.1E + 01 4.8E + 01 2.8E + 01 8 1.0E + 02 5.3E + 01 4.1E + 01 10 1.2E + 02 6.2E + 01 5.8E + 01 12 1.3E + 02 7.7E + 01 7.2E + 01 14 1.5E + 02 9.1E + 01 9.1E + 01 16 1.7E + 02 1.2E + 02 1.1E + 02 18 1.9E + 02 1.4E + 02 1.2E + 02 20 2.1E + 02 1.8E + 02 1.3E + 02 22 2.4E + 02 2.3E + 02 1.4E + 02 24 2.7E + 02 2.9E + 02 1.6E + 02 26 3.1E + 02 3.7E + 02 1.7E + 02 28 3.5E + 02 4.7E + 02 1.9E + 02 30 3.9E + 02 5.8E + 02 2.1E + 02 35 5.3E + 02 9.6E + 02 2.6E + 02 40 6.2E + 02 1.4E + 03 3.3E + 02 45 8.2E + 02 2.0E + 03 4.0E + 02 50 1.1E + 03 2.6E + 03 4.8E + 02 55 1.3E + 03 3.5E + 03 6.2E + 02 60 1.6E + 03 4.6E + 03 7.7E + 02 65 2.0E + 03 6.2E + 03 9.1E + 02 70 2.3E + 03 7.2E + 03 1.1E + 03 75 2.5E + 03 8.6E + 03 1.2E + 03 80 2.9E + 03 1.0E + 04 1.3E + 03 85 3.3E + 03 1.2E + 04 1.4E + 03 90 3.7E + 03 1.4E + 04 1.6E + 03 95 4.2E + 03 1.7E + 04 1.8E + 03 100 4.8E + 03 2.1E + 04 2.0E + 03 105 5.3E + 03 2.4E + 04 2.3E + 03 110 6.2E + 03 2.9E + 04 2.5E + 03 115 7.2E + 03 3.5E + 04 2.8E + 03 120 8.2E + 03 4.1E + 04 3.2E + 03 Table III - Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen Chloride Terrain adjusted effective Noncomplex Terrain stack height.(m)

      Values for urban areas Values for rural areas Cl2(g/hr) HCl(g/hr) Cl2(g/hr) HCl(g/hr)

      4 8.2E+01 1.4E + 03 4.2E + 01 6 9.1E + 01 1.6E + 03 4.8E + 01 8 1.0E + 02 1.8E + 03 5.3E + 01 10 1.2E + 02 2.0E + 03 6.2E + 01 12 1.3E + 02 2.3E + 03 7.7E + 01 14 1.5E + 02 2.6E + 03 9.1E + 01 16 1.7E + 02 2.9E + 03 1.2E + 02 18 1.9E + 02 3.3E + 03 1.4E + 02 20 2.1E + 02 3.7E + 03 1.8E + 02 22 2.4E + 02 4.2E + 03 2.3E + 02 24 2.7E + 02 4.8E + 03 2.9E + 02 26 3.1E + 02 5.4E + 03 3.7E + 02 28 3.5E + 02 6.0E + 03 4.7E+02 30 3.9E+02 6.9E + 03 5.8E + 02 35 5.3E + 02 9.2E + 03 9.6E + 02 40 6.2E+02 1.1E + 04 1.4E+03 45 8.2E + 02 1.4E + 04 2.0E + 03 50 1.1E + 03 1.8E + 04 2.6E+03 55 1.3E + 03 2.3E + 04 3.5E + 03 60 1.6E + 03 2.9E + 04 4.6E + 03 65 2.0E + 03 3.4E+04 6.2E + 03 70 2.3E + 03 3.9E+04 7.2E + 03 75 2.5E + 03 4.5E + 04 8.6E + 03 80 2.9E + 03 5.0E + 04 1.0E + 04 85 3.3E + 03 5.8E + 04 1.2E + 04 90 3.7E + 03 6.6E + 04 1.4E + 04 95 4.2E + 03 7.4E+04 1.7E + 04 100 4.8E + 03 8.4E+04 2.1E + 04 105 5.3E + 03 9.2E + 04 2.4E + 04 110 6.2E + 03 1.1E+05 2.9E + 04 115 7.2E + 03 1.3E + 05 3.5E + 04 120 8.2E + 03 1.4E + 05 4.1E + 04 Table IV - Reference Air Concentrations* Constituent CAS No. 3 RAC (ug/m )

      Acetaldehyde 75-07-0 10 Acetonitrile 75-05-8 10 Acetophenone 98-86-2 100 Acrolein 107-02-8 0.03 Aldicarb 116-06-3 1 Aluminum Phosphide 20859-73-8 0.3 Allyl Alcohol 107-18-6 5 Antimony 7440-36-0 0.3 Barium 7440-39-3 50 Barium Cyanide 542-62-1 50 Bromomethane 74-83-9 0.8 Calcium Cyanide 592-01-8 30 Carbon Disulfide 75-15-0 3 Chloral 75-87-6 2 Chlorine (free) 0.4 2-Chloro-1, 3-butadiene 126-99-8 3 Chromium III 16065-83-1 1000 Copper Cyanide 544-92-3 5 Cresols 1319-77-3 50 Cumene 98-82-8 1 Cyanide (free) 57-12-15 20 Cyanogen 460-19-5 30 Cyanogen Bromide 506-68-3 80 Di-n-butyl Phthalate 84-74-2 100 o-Dichlorobenzene 95-50-1 10 p-Dichlorobenzene 106-46-7 10 Dichlorodifluoromethane 75-71-8 200 2,4-Dichlorophenol 120-83-2 3 Diethyl Phthalate 84-66-2 800 Dimethoate 60-51-5 0.8 2,4-Dinitrophenol 51-28-5 2 Dinoseb 88-85-7 0.9 Diphenylamine 122-39-4 20 Endosulfan 115-29-1 0.05 Endrin 72-20-8 0.3 Fluorine 7782-41-4 50 Formic Acid 64-18-6 2000 Glycidyaldehyde 765-34-4 0.3 Hexachlorocyclopentadie 77-47-4 5 ne Hexachlorophene 70-30-4 0.3 Hydrocyanic Add 74-90-8 20 Hydrogen Chloride 7647-01-1 7 Hydrogen Sulfide 7783-06-4 0.2 Isobutyl Alcohol 78-83-1 300 Lead 7439-92-1 0.09 Maleic Anhydride 108-31-6 100 Mercury 7439-97-6 0.08 Methacrylonitrile 126-98-7 0.1 Methomyl 16752-77-5 20 Methoxychlor 72-43-5 4 Methyl Chlorocarbonate 79-22-1 1000 Methyl Ethyl Ketone 78-93-3 80 Methyl Parathion 298-00-0 0.3 Nickel Cyanide 557-19-7 20 Nitric Oxide 10102-43-9 100 Nitrobenzene 98-95-3 0.8 Pentachlorobenzene 608-93-5 0.8 Pentachlorophenol 87-86-5 30 Phenol 108-95-2 30 M-Phenylenediamine 108-45-2 5 Phenylmercuric Acetate 62-38-4 0.075 Phosphine 7803-51-2 0.3 Phthalic Anhydride 85-44-9 2000 Potassium Cyanide 151-50-8 50 Potassium Silver Cyanide 506-61-6 200 Pyridine 110-86-1 1 Selenious Acid 7783-60-8 3 Selenourea 630-10-4 5 Silver 7440-22-4 3 Silver Cyanide 506-64-9 100 Sodium Cyanide 143-33-9 30 Strychnine 57-24-9 0.3 1,2,4,5- 95-94-3 0.3 Tetrachtorobenzene 2,3,4,6-Tetrachlorophenol 58-90-2 30 Tetraethyl Lead 78-00-2 0.0001 Tetrahydrofuran 109-99-9 10 Thallic Oxide 1314-32-5 0.3 Thallium 7440-28-0 0.5 Thallium (I) Acetate 563-68-8 0.5 Thallium (I) Carbonate 6533-73-9 0.3 Thallium (I) Chloride 7791-12-0 0.3 Thallium (I) Nitrate 10102-45-1 0.5 Thallium Setenite 12039-52-0 0.5 Thallium (l)Sulfate 7446-18-6 0.075 Thiram 137-26-8 5 Toluene 108-88-3 300 1,2,4-Trichtorobenzene 120-82-1 20 Trichloromonofluorometh 75-69-4 300 ane 2,4,5-Trichlorophenol 95-95-4 100 Vanadium Pentoxide 1314-62-1 20 Warfarin 81-81-2 0.3 Xylenes 1330-20-7 80 Zinc Cyanide 557-21-1 50 Zinc Phosphide 1314-84-7 0.3 *The RAC for other appendix VIII part 261 constituents not listed herein or in Table V of this part is 0.1 ug/m3 Table V - Risk Specific Doses (10-5)

      Constituent CAS No. 3 3 Unit risk (m /ug) RSD (ug/m )

      Acrylamide 79-06-1 1.3E-03 7.7E-03 Acrylonitrile 107-13-1 6.8E-05 1.5E-01 Aldrin 309-00-2 4.9E-03 2.0E-03 Aniline 62-53-3 7.4E-06 1.4E+00 Arsenic 7440-38-2 4.3E-03 2.3E-03 Benz(a)anthracene 56-55-3 8.9E-04 1.1E-02 Benzene 71-43-2 8.3E-06 1.2E+00 Benzidine 92-87-5 6.7E-02 1.5E-04 Benzo(a)pyrene 50-32-8 3.3E-03 3.0E-03 Beryllium 7440-41-7 2.4E-03 4.2E-03 Bis(2-chloroethyl)ether 111-44-4 3.3E-04 3.0E-02 Bis(chloromethyl)ether 542-88-1 6.2E-02 1.6E-04 Bis(2- 117-81-7 2.4E-07 4.2E+01 ethylhexyl)phthalate 1,3-Butadiene 106-99-0 2.8E-04 3.6E-02 Cadmium 7440-43-9 1.8E-03 5.6E-03 Carbon Tetrachloride 56-23-5 1.5E-05 6.7E-01 Chlordane 57-74-9 3.7E-04 2.7E-02 Chloroform 67-66-3 2.3E-05 4.3E-01 Chloromethane 74-87-3 3.6E-06 2.8E+00 Chromium VI 7440-47-3 1.2E-02 8.3E-04 DDT 50-29-3 9.7E-05 1.0E-01 Dibenz(a,h)anthracene 53-70-3 1.4E-02 7.1E-04 1,2-Dibromo-3- 96-12-8 6.3E-03 1.6E-03 chloropropane 1,2-Dibromoethane 106-93-4 2.2E-04 4.5E-02 1,1-Dichloroethane 75-34-3 2.6E-05 3.8E-01 1,2-Dichtoroethane 107-06-2 2.6E-05 3.8E-01 1,1-Dichloroethylene 75-35-4 5.0E-05 2.0E-01 1,3-Dichloropropene 542-75-6 3.5E-01 2.9E-05 Dieldrin 60-57-1 4.6E-03 2.2E-03 Diethylstilbestrol 56-53-1 1.4E-01 7.1E-05 Dimethylnitrosamine 62-75-9 1.4E-02 7.1E-04 2,4-Dinitrotoluene 121-14-2 8.8E-05 1.1E-01 1,2-Diphenylhydrazine 122-66-7 2.2E-04 4.5E-02 1,4-Dioxane 123-91-1 1.4E-06 7.1E+00 Epichlorohydrin 106-89-8 1.2E-06 8.3E+00 Ethylene Oxide 75-21-8 1.0E-04 1.0E-01 Ethylene Dibromide 106-93-4 2.2E-04 4.5E-02 Formaldehyde 50-00-0 1.3E-05 7.7E-01 Heptachlor 76-44-8 1.3E-03 7.7E-03 Heptachlor Epoxide 1024-57-3 2.6E-03 3.8E-03 Hexachlorobenzene 118-74-1 4.9E-04 2.0E-02 Hexachlorobutadiene 87-68-3 2.0E-05 5.0E-01 Alpha-hexachloro-cyclo- 319-84-6 1.8E-03 5.6E-03 hexane Beta-hexachloro- 319-85-7 5.3E-04 1.9E-02 cyclohexane Gamma-hexachloro- 58-89-9 3.8E-04 2.6E-02 cyclo-hexane Hexachlorocyclo-hexane, 5.1E-04 2.0E-02 Technical Hexachlorodibenzo-p- 1.3E+0 7.7E-06 dioxin(1, 2 Mixture)

      Hexachloroethane 67-72-1 4.0E-06 2.5E+00 Hydrazine 302-01-2 2.9E-03 3.4E-03 Hydrazine Sulfate 302-01-2 2.9E-03 3.4E-03 3-Methylcholanthrene 56-49-5 2.7E-03 3.7E-03 Methyl Hydrazine 60-34-4 3.1E-04 3.2E-02 Methylene Chloride 75-09-2 4.1E-06 2.4E+00 4.4'-Methylene-bis-2- 101-14-4 4.7E-05 2.1E-01 chloroaniline Nickel 7440-02-0 2.4E-04 4.2E-02 Nickel Refinery Dust 7440-02-0 2.4E-4 4.2E-02 Nickel Subsulfide 12035-72-2 4.8E-04 2.1E-02 2-Nitropropane 79-46-9 2.7E-02 3.7E-04 N-Nitroso-n-butylamine 924-16-3 1.6E-03 6.3E-03 N-Nitroso-n-methylurea 684-93-5 8.6E-02 1.2E-04 N-Nitrosodiethylamine 55-18-5 4.3E-02 2.3E-04 N-Nitrosopyrrolidine 930-55-2 6.1E-04 1.6E-02 Pentachloronitrobenzene 82-68-8 7.3E-05 1.4E-01 PCBs 1336-36-3 1.2E-03 8.3E-03 Pronamide 23950-58-5 4.6E-06 2.2E+00 Reserpine 50-55-5 3.0E-03 3.3E-03 2,3,7,8-Tetrachloro- 1746-01-6 4.5E+01 2.2E-07 dibenzo-p-dioxin 1,1,2,2-Tetrachloroethane 79-34-5 5.8E-05 1.7E-01 Tetrachloroethylene 127-18-4 4.8E-07 2.1E+01 Thiourea 62-56-6 5.5E-04 1.8E-02 1,1,2-Trichloroethane 79-00-5 1.6E-05 6.3E-01 Trichloroethylene 79-01-6 1.3E-06 7.7E+00 2,4,6-Trichlorophenol 88-06-2 5.7E-06 1.8E+00 Toxaphene 8001-35-2 3.2E-04 3.1E-02 Vinyl Chloride 75-01-4 7.1E-06 1.4E+00 Table VI - Stack Plume Rise[Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature] Flo o Exhaust Temperature (K )

      w rate (m /s)

      <325 325-349 350-399 400-449 <0. 0 0 0 0 0 0 0 0 0 0 0 0.5- 0 0 0 0 0 0 0 0 1 1 1

      0.9

      1.0- 0 0 0 0 1 1 2 3 3 3 4

      1.9

      2.0- 0 0 1 3 4 4 6 6 7 8 9

      2.9

      3.0- 0 1 2 5 6 7 9 10 11 12 13

      3.9

      4.0- 1 2 4 8 6 10 12 13 14 15 17

      4.9

      5.0- 2 3 5 8 10 12 14 16 17 19 21

      7.4

      7.5- 3 5 8 12 15 17 20 22 22 23 24

      9.9

   2. 10. 4 6 10 15 19 21 23 24 25 26 27 0-

      12.4

   3. 12. 4 7 12 18 22 23 25 26 27 28 29 5-

      14.9

   4. 15. 5 8 13 20 23 24 26 27 28 29 31 0-

      19.9

   5. 20. 6 10 17 23 25 27 29 30 31 32 34 0-

      24.9

   6. 25. 7 12 20 25 27 29 31 32 33 35 36 0-

      29.9

   7. 30. 8 14 22 26 29 31 33 35 36 37 39 0-

      34.9

   8. 35. 9 16 23 28 30 32 35 36 37 39 41 0-

      39.9

   9. 40. 10 17 24 29 32 34 36 38 39 41 42 0-

      49.9

   10. 50. 12 21 26 31 34 36 39 41 42 44 46 0-

       59.9

   11. 60. 14 22 27 33 36 39 42 43 45 47 49 0-

       69.9

   12. 70. 16 23 29 35 38 41 44 46 47 49 51 0-

       79.9

   13. 80. 17 25 30 36 40 42 46 48 49 51 54 0-

       89.9

   14. 90. 19 26 31 38 42 44 48 50 51 53 56 0-

       99.9

       100 21 26 32 39 43 46 49 52 53 55 58 .0- 119.

       120 22 28 35 42 46 49 52 55 56 59 61 .0- .9 140 23 30 36 44 48 51 55 58 59 62 65 .0- .9 160 25 31 38 46 50 54 58 60 62 65 67 .0- .9 180 26 32 40 48 52 56 60 63 65 67 70 .0- .9 >19 26 33 41 49 54 58 62 65 67 69 73

       9.9

       1. * Appendix VII to § 264.348 - Health-Based Limits For Exclusion of Waste-Derived Residues Metals-TCLP Extract Concentration Limits Constituent CAS No. Concentration limits (mg/L)

       Antimony 7440-36-0 1xE+00 Arsenic 7440-38-2 5xE+00 Barium 7440-39-3 1xE+02 Beryllium 7440-41-7 7xE-03 Cadmium 7440-43-9 1xE+00 Chromium 7440-47-3 5xE+00 Lead 7439-92-1 5xE+00 Mercury 7439-97-6 2xE-01 Nickel 7440-02-0 7xE+01 Selenium 7782-49-2 1xE+00 Silver 7440-22-4 5xE+00 Thallium 7440-28-0 7xE+00 *Note 1: The health-based concentration limits for Appendix VIII Part 261 constituents for which a health-based concentration is not provided below is 2xE-06 mg/kg. Note 2: The levels specified in this appendix and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note 1 of this appendix are administratively stayed under the condition, for those constituents specified in § 264.347(b)(1). that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in § 268.40 of these regulations for F039 nonwastewaters. See § 264.347(b)(2)(i) Nonmetals-Residue Concentration Limits Constituent CAS No. Concentration limits for residues (mg/kg)

       Acetonitrile 75-05-8 2xE-01 Acetophenone 98-86-2 4xE+00 Acrolein 107-02-8 5xE-01 Acrylamide 79-06-1 2xE-04 Acrylonitrile 107-13-1 7xE-04 Aldrin 309-00-2 2xE-05 Allyl alcohol 107-18-6 2xE-01 Aluminum phosphide 20859-73-8 1xE-02 Aniline 62-53-3 6xE-02 Barium cyanide 542-62-1 1xE+00 Benz(a)anthracene 56-55-3 1xE-04 Benzene 71-43-2 5xE-03 Benzidine 92-87-5 1xE-06 Bis(2-chloroethyl) ether 111-44-4 3xE-04 Carbon disulfide 75-15-0 4xE+00 Carbon tetrachloride 56-23-5 5xE-03 Chlordane 57-74-9 3xE-04 Chlorobenzene 108-90-7 1xE+00 Chloroform 67-66-3 6xE-02 Cresols (Cresylic acid) 1319-77-3 2xE+00 1,2-Dibromo-3- 96-12-8 2xE-05 chloropropane Dichlorodifluoromethane 75-71-8 7xE+00 Dieldrin 60-57-1 2xE-05 Diphenylamine 122-39-4 9xE-01 1,2 Diphenylhydrazine 122-66-7 5xE-04 Endrin 72-20-8 2xE-04 Epichlorohydrin 106-89-8 4xE-02 Ethylene dibromide 106-93-4 4xE-07 Ethylene oxide 75-21-8 3xE-04 Fluorine 7782-41-4 4xE+00 Formic acid 64-18-6 7xE+01 Heptachlor 76-44-8 8xE-05 Heptachlor epoxide 1024-57-3 4xE-05 Hexachlorobenzene 118-74-1 2xE-04 Hexachlorobutadiene 87-68-3 5xE-03 Hydrogen sulfide 7783-06-4 1xE-06 Isobutyl alcohol 78-83-1 1xE+01 3-Methylcholanthrene 56-49-5 4xE-05 4,4'-Methylenebis(2- 101-14-4 2xE-03 chloroaniline)

       Methyl parathion 298-00-0 2xE-02 Naphthalene 91-20-3 1xE+01 N-Nitrosodiethylamine 55-18-5 2xE-06 N-Nitroso-N-methylurea. 684-93-5 1xE-07 N-Nitrosopynolidine 930-55-2 2xE-04 Pentachloronitrobenzene 608-93-5 3xE-02 (PCNB)

       Pentachloronitrobenzene 82-68-8 1XE-01 (PCNB)

       Pentachlorophenol 87-86-5 1xE+00 Phenol 108-95-2 1xE+00 Phenylmercury acetate 62-38-4 3xE-03 Phosphine 7803-51-2 1xE-02 Polychlorinated 1336-36-3 5xE-05 biphenyls, N.O.S.

       Potassium cyanide 151-50-8 2xE-00)

       Potassium silver cyanide 506-61-6 7xE+00 Pronamide 23950-58-5 3xE+00 Pyridine 110-86-1 4xE-02 Reserpine 50-55-5 3xE-05 Selenourea 630-10-4 2xE-01 Silver cyanide 506-64-9 4xE+00 Sodium cyanide 143-33-9 1xE+00 Strychnine 57-24-9 1xE-02 1,2,4,5- 95-94-3 1xE-02 Tetrachlorobenzene 1,1,2,2-tetrachloroethane 79-34-5 2xE-03 Tetrachloroethylene 127-18-4 7xE-01 2,3,4,6-Tetrachlorophenol 58-90-2 1xE-02 Tetraethyl lead 78-00-2 4xE-06 Thiourea 62-56-6 2xE-04 Toluene 108-88-3 1xE+01 Toxaphene 8001-35-2 5xE-03 1,1,2-Trichloroethane 79-00-5 6xE-03 Trichloroethylene 79-01-6 5xE-03 Trichloromonofluorometh 75-69-4 1xE+01 ane 2,4,5-Trichlorophenol 95-95-4 4xE+00 2,4,6-Trichlorophenol 88-06-2 4xE+00 Vanadium pentoxide 1314-62-1 7xE-01 Vinyl chloride 75-01-4 2xE-03 *Note 1: The health-based concentration limits for Appendix VIII Part 261 constituents for which a health-based concentration is not provided below is 2xE-06 mg/kg. Note 2: The levels specified in this appendix and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note 1 of this appendix are administratively stayed under the condition, for those constituents specified in § 264.347(b)(1). that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in § 268.40 of these regulations for F039 nonwastewaters. See § 264.347(b)(2)(i) Appendix VIII to § 264.348 - Organic Compounds for Which Residues Must Be Analyzed Volatiles Semivolatiles Benzene Bis(2- ethylhexyl)phthalate Toluene Naphthalene Carbon tetrachloride Phenol Chloroform Diethyl phthalate Methylene chloride Butyl benzyl phthalate Trichloroethylene 2,4-Dimethylphenol Tetra chloroethytene o-Dichlorobenzene 1,1,1 -Trichloroethane m-Dichlorobenzene Chlorobenzene p-Dichlorobenzene cis-1,4-Dichloro-2-butene Hexachlorobenzene Bromochloromethane 2,4,6-Trichlorophenol Bromodichloromethane Fluoranthene Bromoform o-Nitrophenol Bromomethane 1,2,4-Trichlorobenzene Methylene bromide o-Chlorophenol Methyl ethyl ketone Pentachlorophenol Pyrene Dimethyl phthalate Mononitrobenzene 2,6-Toluene diisocyanate Polychlorinated dibenzo- p-dioxins Polychlorinated dibenzo- furans 1Analyses for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans are required only for residues collected from areas downstream of the combustion chamber (e.g., ductwork, boiler tubes, heat exchange surfaces, air pollution control devices, etc.).

Note to the table: Analysis is not required for those compounds that do not have an established F039 nonwastewater concentration limit.

Appendix IX to § 264.348 - Methods Manual for Compliance With the BIF Regulations Burning Hazardous Waste in Boilers and Industrial Furnaces Table of Contents

1.0 Introduction

2.0 Performance Specifications for Continuous Emission Monitoring Systems

1. 2.1 Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers, and industrial Furnaces Burning Hazardous Waste 2.2 Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces

3.0 Sampling and Analytical Methods

4.0 Procedure for Estimating Toxicity Equipment or Chlorinated Dibenzo-P-Dioxin and Dibenzofuran Congeners

5.0 Hazardous Waste Combustion Air Quality Screening Procedure

6.0 Simplified Land Use Classification Procedure for Compliance With Tier I and Tier n Limits

7.0 Statistical Methodology for Bevill Residue Determinations

8.0 Procedures for Determining Default Values for Air Pollution Control System Removal Efficiencies

1. 8.1 APCS RE Default Values for Metals
   1. 8.2 APCS RE Default Values for HCl and Cl2
      1. 8.3 APCS RE Default Values for Ash
         1. 8.4 References

9.0 Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine

1. 9.1 Partitioning Default Value for Metals
   1. 9.2 Special Procedures for Chlorine, HCl, and Cl
      1. 9.3 Special Procedures for Ash
         1. 9.4 Use of Engineering Judgement to Estimate Partitioning and APCS RE Values
         2. 9.5 Restrictions on Use of Test Data

10.0 Alternate Methodology for Implementing Metals Controls

1. 10.1 Applicability
   1. 10.2 Introduction
      1. 10.3 Basis
         1. 10.4 Overview
         2. 10.5 Implementation Procedures
         3. 10.6 Precompliance Procedures

Appendix A - Statistics Section 1.0 Introduction This document presents required methods for demonstrating compliance with CDPHE regulations for boilers and industrial furnaces (BIFs) burning hazardous waste (see Subpart O of Part 264 of these regulations). Included in this document are:

1. 1. Performance Specifications for Continuous Emission Monitoring (CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.
   1. 2. Sampling and Analytical (S&A) Methods for Multiple Metals, Hexavalent Chromium, HCl and Chlorine, Polychlorinated Dibenzo-p-dioxins and Dibenzofurans, and Aldehydes and Ketones.
      1. 3. Procedures for Estimating the Toxicity Equivalency of Chlorinated Dibenzo-p-dioxin and Dibenzofuran Congeners.
         1. 4. Hazardous Waste Combustion Air Quality Screening Procedures (HWCAQSP).
         2. 5. Simplified Land Use Classification Procedure for Compliance with Tier I and Tier II Limits.
         3. 6. Statistical Methodology for Bevill Residue Determinations.
         4. 7. Procedures for Determining Default Values for Air Pollution Control System Removal Efficiencies.
         5. 8. Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine.
         6. 9. Alternate Methodology for Implementing Metals Controls. Additional methods referenced in Subpart O of Part 264 of these regulations but not included in this document can be found in 40 CFR parts 60 and 61, and “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (SW-846).

The CEM performance specifications of section 2.0, the S&A methods of section 3.0 and the toxicity equivalency procedure for dioxins and furans of section 4.0 are required procedures for determining compliance with BIF regulations. The CEM performance specifications and the S&A methods are interim. The finalized CEM performance specifications and methods will be published in SW-846 or 40 CFR parts 60 and 61.

Section 2.0 Performance Specifications for Continuous Emission Monitoring Systems 2.1 Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste

2.1.1 Applicability and Principle

2.1.1.1 Applicability. These performance specifications apply to carbon monoxide (CO) and oxygen (02) continuous emission monitoring systems (CEMSs) installed on incinerators, boilers, and industrial furnaces burning hazardous waste. The specifications include procedures which are intended to be used to evaluate the acceptability of the CEMS at the time of its installation or whenever specified in regulations or permits. The procedures are not designed to evaluate CEMS performance over an extended period of time. The source owner or operator is responsible for the proper calibration, maintenance, and operation of the CEMS at all times.

2.1.1.2 Principle. Installation and measurement location specifications, performance and equipment specifications, test and data reduction procedures, and brief quality assurance guidelines are included in the specifications. Calibration drift, relative accuracy, calibration error, and response time tests are conducted to determine conformance of the CEMS with the specifications.

2.1.2 Definitions

2.1.2.1 Continuous Emission Monitoring System (CEMS). A continuous monitor is one in which the sample to be analyzed passes the measurement section of the analyzer without interruption, and which evaluates the detector response to the sample at least once each 15 seconds and computes and records the results at least every 60 seconds. A CEMS consists of all the equipment used to acquire data and includes the sample extraction and transport hardware, the analyzer(s), and the data recording/processing hardware and software.

2.1.2.2 Monitoring System Types. The specifications require CEMSs capable of accepting calibration gases. Alternative system designs may be used if approved by the Director. There are two basic types of monitoring systems: extractive and in-situ.

1. 2.1.2.2.1 Extractive. Systems that use a pump or other mechanical, pneumatic, or hydraulic means to draw a sample of the stack or flue gas and convey it to a remotely located analyzer.
   1. 2.1.2.2.2 In-situ. Systems that perform an analysis without removing a sample from the stack. Point in-situ analyzers place the sensing or detecting element directly in the flue gas stream. Cross-stack in-situ analyzers measure the parameter of interest by placing a source beam on one side of the stack and the detector (in single-pass instruments) or a retroreflector (in double-pass instruments) on the other side, and measuring the parameter of interest (e.g., CO) by the attenuation of the beam by the gas in its path.

2.1.2.3 Instrument Measurement Range. The difference between the minimum and maximum concentration that can be measured by a specific instrument. The minimum is often stated or assumed to be zero and the range expressed only as the maximum.

2.1.2.4 Span or Span Value. Full scale instrument measurement range.

2.1.2.5 Calibration Drift (CD). The difference in the CEMS output readings from the established reference value after a stated period of operation during which no unscheduled maintenance, repair, or adjustment takes place. A CD test is performed to demonstrate the stability of the CEMS calibration over time.

2.1.2.6 Response Time. The time interval between the start of a step change in the system input (e.g., change of calibration gas) and the time when the data recorder displays 95 percent of the final value.

2.1.2.7 Accuracy. A measure of agreement between a measured value and an accepted or true value, expressed as the percentage difference between the true and measured values relative to the true value. For these performance specifications, accuracy is checked by conducting a calibration error (CE) test and a relative accuracy (RA) test. Certain facilities, such as those using solid waste or batch-fed processes, may observe long periods of almost no CO emissions with brief, high-level CO emission spikes. These faculties, as well as facilities whose CO emissions never exceed 5-10 ppm, may need to be exempted from the RA requirement because the RA test procedure cannot ensure acquisition of meaningful test results under these conditions. An alternative procedure for accuracy determination is described in section 2.1.9.

2.1.2.8 Calibration Error (CE). The difference between the concentration indicated by the CEMS and the known concentration of the cylinder gas. A CE test procedure is performed to document the accuracy and linearity of the monitoring equipment over the entire measurement range.

2.1.2.9 Relative Accuracy (RA). A comparison of the CEMS response to a value measured by a performance test method (PTM). The PA test is used to validate the calibration technique and verify the ability of the CEMS to provide representative and accurate measurements.

2.1.2.10 Performance Test Method (PTM). The sampling and analysis procedure used to obtain reference measurements for comparison to CEMS measurements. The applicable test methods are Method 10,10A, or 10B (for the determination of CO) and Method 3 or 3A (for the determination of 0 ). These methods are found in 40 CFR part 60, appendix A.

2.1.2.11 Performance Specification Test (PST) Period. The period during which CD, CE, response time, and RA tests are conducted.

2.1.2.12 Centroidal Area. A concentric area that is geometrically similar to the stack or duct cross section and is no greater than 1 percent of the stack or duct cross-sectional area.

2.1.3 Installation and Measurement Location Specifications

2.1.3.1 CEMS Installation and Measurement Locations. The CEMS shall be installed in a location in which measurements representative of the source's emissions can be obtained. The optimum location of the sample interface for the CEMS is determined by a number of factors, including ease of access for calibration and maintenance, the degree to which sample conditioning will be required, the degree to which it represents total emissions, and the degree to which it represents the combustion situation in the firebox. The location should be as free from in-leakage influences as possible and reasonably free from severe flow disturbances. The sample location should be at least two equivalent duct diameters downstream from the nearest control device, point of pollutant generation, or other point at which a change in the pollutant concentration or emission rate occurs and at least 0.5 diameter upstream from the exhaust or control device. The equivalent duct diameter is calculated as per 40 CFR part 60, appendix A, method 1, section 2.1. If these criteria are not achievable or if the location is otherwise less than optimum, the possibility of stratification should be checked as described in Section 2.1.3.3 to determine whether the location would cause failure of the relative accuracy test.

1. 2.1.3.1.1 For extractive or point in-situ CEMSs, the measurement point should be within or centrally located over the centroidal area of the stack or duct cross section.
   1. 2.1.3.1.2 For cross-stack CEMSs, the effective measurement path should (1) have at least 70 percent of the path within the inner 50 percent of the stack or duct cross-sectional area or (2) be centrally located over any part of the centroidal area.
      1. 2.1.3.1.3 Both the CO and O monitors should be installed at the same general location. If this is not possible, they may be installed at different locations if the effluent gases at both sample locations are not stratified and there is no in-leakage of air between sampling locations.

2.1.3.2 Performance Test Method (PTM) Measurement Location and Traverse Points.

1. 2.1.3.2.1 Select an accessible PTM measurement point at least two equivalent diameters downstream from the nearest control device, the point of CO generation, or other point at which a change in the CO concentration may occur, and at least a half equivalent diameter upstream from the effluent exhaust or control device. When pollutant concentration changes are due solely to diluent leakage (e.g., air heater leakages) and CO and O are simultaneously measured at the same location, one half diameter may be used in place of two equivalent diameters. The CEMS and PTM locations need not be the same.
   1. 2.1.3.2.2. Select traverse points that ensure acquisition of representative samples over the stack or duct cross section. At a minimum, establish a measurement line that passes through the centroidal area in the direction of any expected stratification. If this line interferes with the CEMS measurements, displace the line up to 30 cm (or 5 percent of the equivalent diameter of the cross section, whichever is less) from the centroidal area. Locate three traverse points at 17, 50, and 83 percent of the measurement line. If the measurement line is no longer than 2.4 meters and pollutant stratification is not expected, the tester may choose to locate the three traverse points on the line at 0.4, 1.2, and 2.0 meters from the stack or duct wall. This option must not be used at a site located within eight equivalent diameters downstream of a flow disturbance. The tester may select other traverse points, provided that they can be shown to the satisfaction of the Administrator to provide a representative sample over the stack or duct cross-section. Conduct all necessary PTM tests within 3 cm of the selected traverse points. Sampling must not be performed within 3 cm of the duct or stack inner wall.

2.1.3.3 Stratification Test Procedure. Stratification is defined as a difference in excess of 10 percent between the average concentration in the duct or stack and the concentration at any point more than 1.0 meter from the duct or stack wall. To determine whether effluent stratification exists, a dual probe system should be used to determine the average effluent concentration while measurements at each traverse point are being made. One probe, located at the stack or duct centroid, is used as a stationary reference point to indicate the change in effluent concentration over time. The second probe is used for sampling at the traverse points specified in method 1, appendix A, 40 CFR part 60. The monitoring system samples sequentially at the reference and traverse points throughout the testing period for five minutes at each point.

2.1.4 CEMS Performance and Equipment Specifications

Table 2.1-1 summarizes the performance specifications for the CEMSs. Two sets of standards for CO are given; one for low-range and another for high-range measurements. The high-range specifications relate to measurement and quantification of short duration high concentration peaks, while the low-range specifications relate to the overall average operating condition of the burning device. The dual-range specifications can be met by using (1) one analyzer for each range, (2) a dual range unit, or (3) a single measurement range instrument capable of meeting both specifications with a single unit. Adjustments cannot be made to the analyzer between determinations of low-and high-level accuracy within the single measurement range. In the second case, when the concentration exceeds the span of the lower range, the data acquisition system recorder shall switch to the high range automatically.

2.1.4.1 CEMS Span Value. In order to measure high and low concentrations with the same or similar degree of accuracy, the maximum ranges (span values) are specified for low and high range analyzers. The span values are listed in Table 2.1-2. Tier I and Tier II format definitions are established in Subpart O of Part 264 of these regulations.

1. Table 2.1-1-Performance Specifications of CO and O Monitors Parameter CO monitors O2 monitors Low range High range Calibration drift 24 hours ≤6ppm 1 ≤90ppm ≤0.5%O2 Calibration error ≤10 ppm 1 ≤150ppm ≤0.5%O2 Response time ≤2min ≤2min ≤2min 2 3 3 (incorporated in CO RA Relative accuracy ( ) ( )
   1. calculation)

1For Tier II, CD and CE are ≤3% and ≤5% of twice the permit limit, respectively.2Expressed as the sum of the mean absolute value plus the 95% confidence interval of a series of measurements.3The greater of 10% of PTM or 10 ppm.

1. Table 2.1-2-CEMS Span Values for CO and O Monitors CO monitors O2 monitors (percent)
   1. Low range (ppm) High range (ppm)

      Tier I rolling average 200 3,000 25 format Tier II rolling average 2 x permit limit 3,000 25 format

2.1.4.2 Daily Calibration Gas Values. The owner or operator must choose calibration gas concentrations (or calibration filters for in-situ systems) that include zero and high-level calibration values for the daily calibration checks. For a single measurement range monitor, three CO calibration gas concentrations (or calibration filters for in-situ systems) shall be used, i.e., the zero and high-level concentrations of the low- range CO analyzer and the high-level concentration of the high-range CO analyzer.

1. 2.1.4.2.1 The zero level for the CO or O analyzer may be between zero and 20 percent of the span value, e.g., 0-40 ppm for low-range CO analyzer, 0-600 ppm for the high-range CO analyzer, and 0-5 percent for the O analyzer (for Tier I).
   1. 2.1.4.2.2 The high-level concentration for the CO or O analyzer shall be between 50 and 90 percent of the span value, i.e., 100-180 ppm for the low-range CO analyzer, 1500-2700 ppm for the high-range CO analyzer, and 12.5-22.5 percent O for the O analyzer. 2 2

2.1.4.3 Data Recorder Scale. The strip chart recorder, computer, or digital recorder must be capable of recording all readings within the CEMS's measurement range and shall have a resolution of 0.5 percent of span value, i.e., 1 ppm CO for low-range CO analyzer, 15 ppm CO for high-range CO analyzer, and 0.1 percent O for the O analyzer.

1. 2 2

2.1.4.4 Response Time. The response time for the CO or O monitor shall not exceed 2 minutes to achieve 95 percent of the final stable value.

2.1.4.5 Calibration Drift . The CEMS must allow the determination of CD at the zero and high-level values. The CD must be determined separately for CO and O monitors in terms of concentration. The CO CEMS calibration response must not drift or deviate from the reference value of the calibration gas (or calibration filters for in-situ systems) by more than 3 percent of the span value after each 24-hour period of the 7-day test, i.e., 6 ppm CO for the low-range analyzer (Tier I) and 90 ppm for the high-range analyzer, at both zero and high levels. The O monitor calibration response must not drift or deviate from the reference value by more than 0.5 percent O at both zero and high levels.

2.1.4.6 Relative Accuracy. The result of the PA test of the CO CEMS (which incorporates the O monitor) must be no greater than 10 percent of the mean value of the PTM results or must be within 10 ppm CO of the PTM results, whichever is less restrictive. The ppm CO concentration shall be corrected to 7 percent O before calculating the RA.

2.1.4.7 Calibration Error. The mean difference between the CEMS and reference values at all three test points (see Table 2.1-3) must be no greater than 5 percent of span value for CO monitors (i.e., 10 ppm CO for low range Tier I CO analyzers and 150 ppm CO for high range CO analyzers) and 0.5 percent for O analyzers.

2.1.4.8 Measurement and Recording Frequency. The sample to be analyzed shall pass through the measurement section of the analyzer without interruption. The detector shall measure the sample concentration at least once every 15 seconds. An average emission rate shall be computed and recorded at least once every 60 seconds.

2.1.4.9 Hourly Rolling Average Calculation. The CEMS shall calculate every minute an hourly rolling average, which is the arithmetic mean of the 60 most recent 1-minute average values.

2.1.4.10 Retest. If the CEMS produces results within the specified criteria, the test is successful. If the CEMS does not meet one or more of the criteria, the necessary corrections must be made and the performance tests repeated.

2.1.5 Test Periods

2.1.5.1 Pretest Preparation Period. Install the CEMS, prepare the PTM test site according to the specifications in section 2.1.3, and prepare the CEMS for operation and calibration according to the manufacturer's written instructions. A pretest conditioning period similar to that of the 7-day CD test is recommended to verify the operational status of the CEMS.

2.1.5.2 Calibration Drift Test Period. While the facility is operating under normal conditions, determine the CD at 24-hour intervals for seven consecutive days according to the procedure given in section 2.1.6.1. All CD determinations must be made following a 24-hour period during which no unscheduled maintenance, repair, or adjustment takes place. If the combustion unit is taken out of service during the test period, record the onset and duration of the downtime and continue the calibration drift test when the unit resumes operation.

2.1.5.3 Relative Accuracy Test Period. Conduct the RA test according to the procedure in section 2.1.6.4 while the facility is operating under normal conditions. RA testing for CO and O2 shall be conducted simultaneously so that the results can be calculated for CO corrected to 7 percent O . The RA test shall be conducted during the CD test period. It is emphasized that during the CD test period, no adjustments or repairs may be made to the CEMS other than routine calibration adjustments performed immediately following the daily CD determination.

2.1.5.4 Calibration Error Test and Response Time Test Periods. Conduct the CE and response time tests during the CD test period.

2.1.6 Performance Specification Test Procedures

2.1.6.1 Calibration Drift Test.

1. 2.1.6.1.1 Sampling Strategy. Conduct the CD test for all monitors at 24-hour intervals for seven consecutive days using calibration gases at the two (or three, if applicable) concentration levels specified in section 2.1.4.2. Introduce the calibration gases into the sampling system as close to the sampling probe outlet as practical. The gas shall pass through all filters, scrubbers, conditioners, and other CEMS components used during normal sampling. If periodic automatic or manual adjustments are made to the CEMS zero and calibration settings, conduct the CD test immediately before these adjustments, or conduct it in such a way that the CD can be determined. Record the CEMS response and subtract this value from the reference (calibration gas) value. To meet the specification, none of the differences shall exceed the limits specified in Table 2.1-1.
   1. 2.1.6.1.2 Calculations. Summarize the results on a data sheet. An example is shown in Figure 2.1-1. Calculate the differences between the CEMS responses and the reference values.

2.1.6.2 Response Time. Check the entire CEMS including sample extraction and transport, sample conditioning, gas analyses, and the data recording.

1. 2.1.6.2.1 Introduce zero gas into the system. For extractive systems, introduce the calibration gases at the probe as near to the sample location as possible. For in-situ system, introduce the zero gas at a point such that all components active in the analysis are tested. When the system output has stabilized (no change greater than 1 percent of full scale for 30 seconds), switch to monitor stack effluent and wait for a stable value. Record the time (upscale response time) required to reach 95 percent of the final stable value.
   1. 2.1.6.2.2 Next, introduce a high-level calibration gas and repeat the above procedure. Repeat the entire procedure three times and determine the mean upscale and downscale response times. The longer of the two means is the system response time.

2.1.6.3 Calibration Error Test Procedure.

1. 2.1.6.3.1 Sampling Strategy. Challenge each monitor (both low- and high-range CO and O ) with zero gas and EPA Protocol 1 cylinder gases at three measurement points within the ranges specified in Table 2.1-3.
   1. Table 2.1-3-Calibration Error Concentration Ranges for Tier I GAS Concentration Ranges Measurement Point CO2 ppm O2 percent 1 High range Low range 1 0-40 0-600 0-2 2 60-80 900-1200 8-10 3 140-160 2100-2400 14-16 1For Tier II, the CE specifications for the low-range CO CEMS are 0-20%, 30-40%, and 70-80% of twice the permit limit Source: Date:

      Monitor: Location:

      Serial Number: Span:

      Low Range High Range Day Date Time Zero/Low Level 1 High Level 1 *Acceptance Criteria: ≤ 5% of span of each day for seven days. Figure 2.1-1 Calibration Drift Determination

      1. 2.1.6.3.1.1 If a single measurement range is used, the calibration gases used in the daily CD checks (if they are Protocol 1 cylinder gases and meet the criteria in section 2.1.6.3.1) may be used for determining CE.
         1. 2.1.6.3.1.2 Operate each monitor in its normal sampling mode as nearly as possible. The calibration gas shall be injected into the sample system as close to the sampling probe outlet as practical and should pass through all CEMS components used during normal sampling. Challenge the CEMS three non-consecutive times at each measurement point and record the responses. The duration of each gas injection should be sufficient to ensure that the CEMS surfaces are conditioned.
         2. 2.1.6.3.2 Calculations. Summarize the results on a data sheet. An example data sheet is shown in Figure 2.1-2. Average the differences between the instrument response and the certified cylinder gas value for each gas. Calculate three CE results (five CE results for a single-range CO CEMS) according to Equation 5 (section 2.1.7.5). No confidence coefficient is used in CE calculations.

2.1.6.4 Relative Accuracy Test Procedure.

1. 2.1.6.4.1 Sampling Strategy for PTM tests. Conduct the PTM tests in such a way that they will yield measurements representative of the emissions from the source and can be correlated to the CEMS data. Although it is preferable to conduct the CO, diluent, and moisture (if needed) simultaneously, moisture measurements that are taken within a 60-minute period which includes the simultaneous CO and O measurements may be used to calculate the dry CO concentration. Note: At times, CEMS RA tests may be conducted during incinerator performance tests. In these cases, PTM results obtained during CEMS RA tests may be used to determine compliance with incinerator emissions limits as long as the source and test conditions are consistent with the applicable regulations.
   1. Source: Date:

      Monitor: Location:

      Serial Number: Span:

      Low Range High Range

      1. 2.1.6.4.2 Performance Test Methods.
         1. 2.1.6.4.2.1 Unless otherwise specified in the regulations, method 3 or 3A and method 10, 10A, or 10B (40 CFR part 60, appendix A) are the test methods for O and CO, respectively. Make a sample traverse of at least 21 minutes, sampling for 7 minutes at each of three traverse points (see section 3.2).
         2. 2.1.6.4.2.2 When the installed CEMS uses a nondispersive infrared (NDIR) analyzer, method 10 shall use the alternative interference trap specified in section 10.1 of the method. An option, which may be approved by the Director in certain cases, would allow the test to be conducted using method 10 without the interference trap. Under this option, a laboratory interference test is performed for the analyzer prior to the field test. The laboratory interference test includes the analysis of SO , NO, and CO calibration gases 2 2 over the range of expected effluent concentrations. Acceptable performance is indicated if the CO analyzer response to each of the gases is less than 1 percent of the applicable measurement range of the analyzer.
         3. 2.1.6.4.3 Number of PTM Tests. Conduct a minimum of nine sets of all necessary PTM tests. If more than nine sets are conducted, a maximum of three sets may be rejected at the tester's discretion. The total number of sets used to determine the RA must be greater than or equal to nine. All data, including the rejected data, must be reported.
         4. 2.1.6.4.4 Correlation of PTM and CEMS Data. The time and duration of each PTM test run and the CEMS response time should be considered in correlating the data. Use the CEMS final output (the one used for reporting) to determine an integrated average CO concentration for each PTM test run. Confirm that the pair of results are on a consistent moisture and 0 concentration basis. Each integrated CEMS value should then be compared against the corresponding average PTM value. If the CO concentration measured by the CEMS is normalized to a specified diluent concentration, the PTM results shall be normalized to the same value.
         5. 2.1.6.4.5 Calculations. Summarize the results on a data sheet. Calculate the mean of the PTM values and calculate the arithmetic differences between the PTM and the CEMS data sets. The mean of the differences, standard deviation, confidence coefficient, and CEMS RA should be calculated using Equations 1 through 4.

2.1.7 Equations

2.1.7.1 Arithmetic Mean (d). Calculated of the difference of a data set using Equation 1. When the mean of the differences of pairs of data is calculated, correct the data for moisture, if applicable.

2.1.7.2 Standard Deviation (Sd). Calculate Sd using Equation 2.

2.1.7.3 Confidence Coefficient (CC). Calculate the 2.5 percent error CC (one-tailed) using Equation 3. where:

1. t0.975 = t-value (see Table 2.1-4).
   1. Table 2.1-4-t-Values n a t0.975 n a t0.975 2 12.706 10 2.662 3 4.303 11 2.228 4 3.182 12 2.201 5 2.776 13 2.179 6 2.571 14 2.160 7 2.447 15 2.145 8 2.365 16 2.131 9 2.306 aThe values in this table are already corrected for n-1 degrees of freedom. Use n equal to the number of individual values.

2.1.7.4 Relative Accuracy. Calculate the RA of a set of data using Equation 4.

1. RA=|1007_3_dbar.jpg| +|CC|/PTM(/ill> × 100 (Eq.4)
   1. where:

      |1007_3_dbar.jpg| = Absolute value of the mean of fire differences (Equation 1)

      |CC| = Absolute value of the confidence coefficient (Equation 3).

      PTM/ill/= Average reference value.

2.1.7.5 Calibration Error. Calculate CE using Equation 5.

1. CE= |1007_3_dbar.jpg/FS| × 100 (Eq. 5)
   1. where:

      |1007_3_dbar.jpg| = Mean difference between CEMS response and the known reference concentration.

2.1.8 Reporting

At a minimum, summarize in tabular form the results of the CD, RA, response time, and CE test, as appropriate. Include all data sheets, calculations, CEMS data records, and cylinder gas or reference material certifications.

2.1.9 Alternative Procedure

2.1.9.1 Alternative RA Procedure Rationale. Under some operating conditions, it may not be possible to obtain meaningful results using the RA test procedure. This includes conditions where consistent, very low CO emissions or low CO emissions interrupted periodically by short duration, high level spikes are observed. It may be appropriate in these circumstances to waive the PTM RA test and substitute the following procedure.

2.1.9.2 Alternative RA Procedure. Conduct a complete CEMS status check following the manufacturer's written instructions. The check should include operation of the light source, signal receiver, timing mechanism functions, data acquisition and data reduction functions, data recorders, mechanically operated functions (mirror movements, calibration gas valve operations, etc.), sample filters, sample line heaters, moisture traps, and other related functions of the CEMS, as applicable. All parts of the CEMS must be functioning properly before the RA requirement can be waived. The instruments must also have successfully passed the CE and CD requirements of the performance specifications. Substitution of the alternative procedure requires approval of the Director.

2.1.10 Quality Assurance (QA)

Proper calibration, maintenance, and operation of the CEMS is the responsibility of the owner or operator. The owner or operator must establish a QA program to evaluate and monitor CEMS performance. As a minimum, the QA program must include:

1. 2.1.10.1 A daily calibration check for each monitor. The calibration must be adjusted if the check indicates the instrument's CD exceeds the specification established in section 2.1.4.5. The gases shall be injected as close to the probe as possible to provide a check of the entire sampling system. If an alternative calibration procedure is desired (e.g., direct injections or gas cells), subject to Administrator approval, the adequacy of this alternative procedure may be demonstrated during the initial 7-day CD test. Periodic comparisons of the two procedures are suggested.
   1. 2.1.10.2 A daily system audit. The audit must include a review of the calibration check data, an inspection of the recording system, an inspection of the control panel warning lights, and an inspection of the sample transport and interface system (e.g., flowmeters, filters), as appropriate.
      1. 2.1.10.3 A quarterly calibration error (CE) test. Quarterly RA tests may be substituted for the CE test when approved by the Director on a case-by-case basis.
         1. 2.1.10.4 An annual performance specification test.

2.1.11 References

1. Jahnke, James A. and G.J. Aldina, “Handbook: Continuous Air Pollution Source Monitoring Systems,” U.S. Environmental Protection Agency Technology Transfer, Cincinnati, Ohio 45268, EPA-625/6- 79-005, June 1979.

2. “Gaseous Continuous Emissions Monitoring Systems-Performance Specification Guidelines for SO , NOx, CO , O , and TRS.” U.S. Environmental Protection Agency OAQPS, ESED, Research 2 2 Triangle Park, North Carolina 27711, EPA-450/3-82-026, October 1982.

3. “Quality Assurance Handbook for Air Pollution Measurement Systems: Volume I. Principles.” U.S. Environmental Protection Agency ORD/EMSL, Research Triangle Park, North Carolina, 27711, EPA- 600/9-76-006, December 1984.

4. Michie, Raymond, M. Jr., et. al., “Performance Test Results and Comparative Data for Designated Reference Methods for Carbon Monoxide,” U.S. Environmental Protection Agency ORD/EMSL, Research Triangle Park, North Carolina, 27711, EPA-600/S4-83-013, September 1982.

5. Ferguson, B.B., R.E. Lester, and W.J. Mitchell, “Field Evaluation of Carbon Monoxide and Hydrogen Sulfide Continuous Emission Monitors at an Oil Refinery,” U.S. Environmental Protection Agency, Research Triangle Park, North Carolina, 27711, EPA-600/4-82-054, August 1982.

2.2 Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste

2.2.1 Applicability and Principle

2.2.1.1 Applicability. These performance specifications apply to hydrocarbon (HC) continuous emission monitoring systems (CEMSs) installed on incinerators, boilers, and industrial furnaces burning hazardous waste. The specifications include procedures which are intended to be used to evaluate the acceptability of the CEMS at the time of its installation or whenever specified in regulations or permits. The procedures are not designed to evaluate CEMS performance over an extended period of time. The source owner or operator is responsible for the proper calibration, maintenance, and operation of the CEMS at all times.

2.2.1.2 Principle. A gas sample is extracted from the source through a heated sample line and heated filter (except as provided by section 2.2.10) to a flame ionization detector (FID). Results are reported as volume concentration equivalents of propane. Installation and measurement location specifications, performance and equipment specifications, test and data reduction procedures, and brief quality assurance guidelines are included in the specifications. Calibration drift, calibration error, and response time tests are conducted to determine conformance of the CEMS with the specifications.

2.2.2 Definitions

2.2.2.1 Continuous Emission Monitoring System (CEMS). The total equipment used to acquire data, which includes sample extraction and transport hardware, analyzer, data recording and processing hardware, and software. The system consists of the following major subsystems:

2.2.2.1.1 Sample Interface. That portion of the system that is used for one or more of the following: Sample acquisition, sample transportation, sample conditioning, or protection of the analyzer from the effects of the stack effluent.

2.2.2.1.2 Organic Analyzer. That portion of the system that senses organic concentration and generates an output proportional to the gas concentration.

2.2.2.1.3 Data Recorder. That portion of the system that records a permanent record of the measurement values. The data recorder may include automatic data reduction capabilities.

2.2.2.2 Instrument Measurement Range. The difference between the minimum and maximum concentration that can be measured by a specific instrument. The minimum is often stated or assumed to be zero and the range expressed only as the maximum.

2.2.2.3 Span or Span Value. Full scale instrument measurement range.

2.2.2.4 Calibration Gas. A known concentration of a gas in an appropriate diluent gas.

2.2.2.5 Calibration Drift (CD). The difference in the CEMS output readings from the established reference value after a stated period of operation during which no unscheduled maintenance, repair, or adjustment takes place. A CD test is performed to demonstrate the stability of the CEMS calibration over time.

2.2.2.6 Response Time. The time interval between the start of a step change in the system input (e.g., change of calibration gas) and the time when the data recorder displays 95 percent of the final value.

2.2.2.7 Accuracy. A measurement of agreement between a measured value and an accepted or true value, expressed as the percentage difference between the true and measured values relative to the true value. For these performance specifications, accuracy is checked by conducting a calibration error (CE) test.

2.2.2.8 Calibration Error (CE). The difference between the concentration indicated by the CEMS and the known concentration of the cylinder gas. A CE test procedure is performed to document the accuracy and linearity of the monitoring equipment over the entire measurement range.

2.2.2.9 Performance Specification Test (PST) Period. The period during which CD, CE, and response time tests are conducted.

2.2.2.10 Centroidal Area. A concentric area that is geometrically similar to the stack or duct cross section and is no greater than 1 percent of the stack or duct cross-sectional area.

2.2.3 Installation and Measurement Location Specifications

2.2.3.1 CEMS Installation and Measurement Locations. The CEMS shall be installed in a location in which measurements representative of the source's emissions can be obtained. The optimum location of the sample interface for the CEMS is determined by a number of factors, including ease of access for calibration and maintenance, the degree to which sample conditioning will be required, the degree to which it represents total emissions, and the degree to which it represents the combustion situation in the firebox. The location should be as free from in-leakage influences as possible and reasonably free from severe flow disturbances. The sample location should be at least two equivalent duct diameters downstream from the nearest control device, point of pollutant generation, or other point at which a change in the pollutant concentration or emission rate occurs and at least 0.5 diameter upstream from the exhaust or control device. The equivalent duct diameter is calculated as per 40 CFR part 60, appendix A, method 1, section 2.1. If these criteria are not achievable or if the location is otherwise less than optimum, the possibility of stratification should be investigated as described in section 2.2.3.2.The measurement point shall be within the centroidal area of the stack or duct cross section.

2.2.3.2 Stratification Test Procedure. Stratification is defined as a difference in excess of 10 percent between the average concentration in the duct or stack and the concentration at any point more than 1.0 meter from the duct or stack wall. To determine whether effluent stratification exists, a dual probe system should be used to determine the average effluent concentration while measurements at each traverse point are being made. One probe, located at the stack or duct centroid, is used as a stationary reference point to indicate the change in effluent concentration over time. The second probe is used for sampling at the traverse points specified in 40 CFR part 60 appendix A, method 1. The monitoring system samples sequentially at the reference and traverse points throughout the testing period for five minutes at each point

2.2.4 CEMS Performance and Equipment Specifications

If this method is applied in highly explosive areas, caution and care shall be exercised in choice of equipment and installation.

2.2.4.1 Flame Ionization Detector (FID) Analyzer. A heated FID analyzer capable of meeting or exceeding the requirements of these specifications. Heated systems shall maintain the temperature of the sample gas between 150 °C (300 °F) and 175 °C (350 °F) throughout the system. This requires all system components such as the probe, calibration valve, filter, sample lines, pump, and the FID to be kept heated at all times such that no moisture is condensed out of the system. Note: As specified in the regulations, unheated HC CEMs may be considered an acceptable interim alternative monitoring technique. For additional notes, see section 2.2.10. The essential components of the measurement system are described below:

1. 2.2.4.1.1 Sample Probe. Stainless steel, or equivalent, to collect a gas sample from the centroidal area of the stack cross-section.
   1. 2.2.4.1.2 Sample Line. Stainless steel or Teflon tubing to transport the sample to the analyzer.

Note: Mention of trade names or specific products does not constitute endorsement by the Department.

1. 2.2.4.1.3 Calibration Valve Assembly. A heated three-way valve assembly to direct the zero and calibration gases to the analyzer is recommended. Other methods, such as quick-connect lines, to route calibration gas to the analyzers are applicable.
   1. 2.2.4.1.4 Particulate Filter. An in-stack or out-of-stack sintered stainless steel filter is recommended if exhaust gas particulate loading is significant. An out-of-stack filter must be heated.
      1. 2.2.4.1.5 Fuel. The fuel specified by the manufacturer (e.g., 40 percent hydrogen/60 percent helium, 40 percent hydrogen/60 percent nitrogen gas mixtures, or pure hydrogen) should be used.
         1. 2.2.4.1.6 Zero Gas. High purity air with less than 0.1 parts per million by volume (ppm) HC as methane or carbon equivalent or less than 0.1 percent of the span value, whichever is greater.
         2. 2.2.4.1.7 Calibration Gases. Appropriate concentrations of propane gas (in air or nitrogen). Preparation of the calibration gases should be done according to the procedures in EPA Protocol 1. In addition, the manufacturer of the cylinder gas should provide a recommended shelf life for each calibration gas cylinder over which the concentration does not change by more than ±2 percent from the certified value.
         3. 2.2.4.2 CEMS Span Value. 100 ppm propane.
         4. 2.2.4.3 Daily Calibration Gas Values. The owner or operator must choose calibration gas concentrations that include zero and high-level calibration values.
         5. 2.2.4.3.1 The zero level may be between 0 and 20 ppm (zero and 20 percent of the span value).
         6. 2.2.4.3.2 The high-level concentration shall be between 50 and 90 ppm (50 and 90 percent of the span value).
         7. 2.2.4.4 Data Recorder Scale. The strip chart recorder, computer, or digital recorder most be capable of recording all readings within the CEMS's measurement range and shall have a resolution of 0.5 ppm (0.5 percent of span value).
         8. 2.2.4.5 Response Time. The response time for the CEMS must not exceed 2 minutes to achieve 95 percent of the final stable value.
         9. 2.2.4.6 Calibration Drift. The CEMS must allow the determination of CD at the zero and high- level values. The CEMS calibration response must not differ by more than ±3 ppm (±3 percent of the span value) after each 24-hour period of the 7-day test at both zero and high levels.
         10. 2.2.4.7 Calibration Error. The mean difference between the CEMS and reference values at all three test points listed below shall be no greater than 5 ppm (±5 percent of the span value).
         11. 2.2.4.7.1 Zero Level. Zero to 20 ppm (0 to 20 percent of span value).
         12. 2.2.4.7.2 Mid-Level. 30 to 40 ppm (30 to 40 percent of span value).
         13. 2.2.4.7.3 High-Level. 70 to 80 ppm (70 to 80 percent of span value).
         14. 2.2.4.8 Measurement and Recording Frequency. The sample to be analyzed shall pass through the measurement section of the analyzer without interruption. The detector shall measure the sample concentration at least once every 15 seconds. An average emission rate shall be computed and recorded at least once every 60 seconds.
         15. 2.2.4.9 Hourly Rolling Average Calculation. The CEMS shall calculate every minute an hourly rolling average, which is the arithmetic mean of the 60 most recent 1-minute average values.
         16. 2.2.4.10 Retest. If the CEMS produces results within the specified criteria, the test is successful. If the CEMS does not meet one or more of the criteria, necessary corrections must be made and the performance tests repeated.

2.2.5 Performance Specification Test (PST) Periods

2.2.5.1 Pretest Preparation Period. Install the CEMS, prepare the PTM test site according to the specifications in section 2.2.3, and prepare the CEMS for operation and calibration according to the manufacturer's written instructions. A pretest conditioning period similar to that of the 7-day CD test is recommended to verify the operational status of the CEMS.

2.2.5.2 Calibration Drift Test Period. While the facility is operating under normal conditions, determine the magnitude of the CD at 24-hour intervals for seven consecutive days according to the procedure given in section 2.2.6.1. All CD determinations must be made following a 24-hour period during which no unscheduled maintenance, repair, or adjustment takes place. If the combustion unit is taken out of service during the test period, record the onset and duration of the downtime and continue the CD test when the unit resumes operation.

2.2.5.3 Calibration Error Test and Response Time Test Periods. Conduct the CE and response time tests during the CD test period.

2.2.6 Performance Specification Test Procedures

2.2.6.1 Calibration Drift Test.

1. 2.2.6.1.1 Sampling Strategy. Conduct the CD test at 24-hour intervals for seven consecutive days using calibration gases at the two daily concentration levels specified in section 2.2.4.3. Introduce the two calibration gases into the sampling system as close to the sampling probe outlet as practical. The gas shall pass through all CEM components used during normal sampling. If periodic automatic or manual adjustments are made to the CEMS zero and calibration settings, conduct the CD test immediately before these adjustments, or conduct it in such a way that the CD can be determined. Record the CEMS response and subtract this value from the reference (calibration gas) value. To meet the specification, none of the differences shall exceed 3 ppm.
   1. 2.2.6.1.2 Calculations. Summarize the results on a data sheet An example is shown in Figure 2.2-1. Calculate the differences between the CEMS responses and the reference values.

2.2.6.2 Response Time. The entire system including sample extraction and transport, sample conditioning, gas analyses, and the data recording is checked with this procedure.

1. 2.2.6.2.1 Introduce the calibration gases at the probe as near to the sample location as possible. Introduce the zero gas into the system. When the system output has stabilized (no change greater than 1 percent of full scale for 30 sec), switch to monitor stack effluent and wait for a stable value. Record the time (upscale response time) required to reach 95 percent of the final stable value.
   1. 2.2.6.2.2 Next, introduce a high-level calibration gas and repeat the above procedure. Repeat the entire procedure three times and determine the mean upscale and downscale response times. The longer of the two means is the system response time.

2.2.6.3 Calibration Error Test Procedure.

1. 2.2.6.3.1 Sampling Strategy. Challenge the CEMS with zero gas and EPA Protocol 1 cylinder gases at measurement points within the ranges specified in section 2.2.4.7.
   1. 2.2.6.3.1.1 The daily calibration gases, if Protocol 1, may be used for this test. Source:

      Monitor:

      Serial Number:

      1. Day Date Time Zero/Low Level 1 High Level 1 *Acceptance Criteria: ≤3% of span of each day for seven days. Figure 2.2-1 Calibration Drift Determination 2.2.6.3.1.2 Operate the CEMS as nearly as possible in its normal sampling mode. The calibration gas should be injected into the sampling system as close to the sampling probe outlet as practical and shall pass through all filters, scrubbers, conditioners, and other monitor components used during normal sampling. Challenge the CEMS three non- consecutive times at each measurement point and record the responses. The duration of each gas injection should be for a sufficient period of time to ensure that the CEMS surfaces are conditioned.
         1. 2.2.6.3.2 Calculations. Summarize the results on a data sheet. An example data sheet is shown in Figure 2.2-2. Average the differences between the instrument response and the certified cylinder gas value for each gas. Calculate three CE results according to Equation 1. No confidence coefficient is used in CE calculations.

2.2.7 Equations

2.2.7.1 Calibration Error. Calculate CE using Equation 1.

1. CE = |1007_3_dbar.jpg|/|F1007_3_Sbar.jpg| × 100 (Eq. 1)
   1. where:

      |1007_3_dbar.jpg| = Mean difference between CEMS response and the known reference concentration.

2.2.8 Reporting

At a minimum, summarize in tabular form the results of the CD, response time, and CE test, as appropriate. Include all data sheets, calculations, CEMS data records, and cylinder gas or reference material certifications.

1. Source: Date:
   1. Monitor: Location:

      Serial Number: Span:

2.2.9 Quality Assurance (QA)

Proper calibration, maintenance, and operation of the CEMS is the responsibility of the owner or operator. The owner or operator must establish a QA program to evaluate and monitor CEMS performance. As a minimum, the QA program must include:

1. 2.2.9.1 A daily calibration check for each monitor. The calibration must be adjusted if the check indicates the instrument's CD exceeds 3 ppm. The gases shall be injected as close to the probe as possible to provide a check of the entire sampling system. If an alternative calibration procedure is desired (e.g., direct injections or gas cells), subject to Administrator approval, the adequacy of this alternative procedure may be demonstrated during the initial 7-day CD test. Periodic comparisons of the two procedures are suggested.
   1. 2.2.9.2 A daily system audit. The audit must include a review of the calibration check data, an inspection of the recording system, an inspection of the control panel warning lights, and an inspection of the sample transport and interface system (e.g., flowmeters, filters), as appropriate.
      1. 2.2.9.3 A quarterly CE test. Quarterly RA tests may be substituted for the CE test when approved by the Director on a case-by-case basis.
         1. 2.2.9.4 An annual performance specification test.

2.2.10 Alternative Measurement Technique

The regulations allow gas conditioning systems to be used in conjunction with unheated HC CEMs during an interim period. This gas conditioning may include cooling to not less than 40° F and the use of condensate traps to reduce the moisture content of sample gas entering the FID to less man 2 percent. The gas conditioning system, however, must not allow the sample gas to bubble through the condensate as this would remove water soluble organic compounds. All components upstream of the conditioning system should be heated as described in section 2.2.4 to minimize operating and maintenance problems.

2.2.11 References

1. Measurement of Volatile Organic Compounds-Guideline Series. U.S. Environmental Protection Agency, Research Triangle Park, North Carolina, 27711, EPA 450/2-78-041, June 1978.

2. Traceability Protocol for Establishing True Concentrations of Gases Used for Calibration and Audits of Continuous Source Emission Monitors (Protocol No. 1). U.S. Environmental Protection Agency ORD/EMSL, Research Triangle Park, North Carolina, 27711, June 1978.

3. Gasoline Vapor Emission Laboratory Evaluation-Part 2. U.S. Environmental Protection Agency, OAQPS, Research Triangle Park, North Carolina, 27711, EMB Report No. 76-GAS-6, August 1975.

3.0 SAMPLING AND ANALYTICAL METHODS

Note: The sampling and analytical methods to the BIF manual are published in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.

Section 4.0 Procedure for Estimating the Toxicity Equivalence of Chlorinated Dibenco-P-Dioxin and Dibenzofuran Congeners PCDDs and PCDFs must be determined using the method given in section 3.4 of this document. In this method, individual congeners or homologues1 are measured and then summed to yield a total PCDD/PCDF value. No toxicity factors are specified in the method to compute risks from such emissions. 1The term “congener” refers to any one particular member of the same chemical family; e.g., there are 75 congeners of chlorinated dibenzo-p-dioxins. The term “homologue” refers to a group of structurally related chemicals that have the same degree of chlorination. For example, there are eight homologues of CDs, monochlorinated through octachlorinated. Dibenzo-p-dioxins and dibenzofurans that are chlorinated at the 2,3,7, and 8 positions are denoted as “2378” congeners, except when 2,3,7,8-TCDD is uniquely referred to: e.g., 1,2,3,7,8-PeCDF and 2,3,4,7,8-PeCDF are both referred to as “2378-PeCDFs.”

For the purpose of estimating risks posed by emissions from boilers and industrial furnaces, however, specific congeners and homologues must be measured using the specified method and then multiplied by the assigned toxicity equivalence factors (TEFs), using procedures described in “Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and CDFs) and 1989 Update,” EPA/625/3-89/016, March 1989. The resulting 2,3,7,8-TCDD equivalents value is used in the subsequent risk calculations and modeling efforts as discussed in the BIF final rule.

The procedure for calculating the 2,3,7,8-TCDD equivalent is as follows:

1. 1. Using method 23, determine the concentrations of 2,7,3,8-congeners of various PCDDs and PCDFs in the sample.
   1. 2. Multiply the congener concentrations in the sample by the TEF listed in Table 4.0-1 to express the congener concentrations in terms of 2,3,7,8-TCDD equivalent. Note that congeners not chlorinated at 2,3,7, and 8 positions have a zero toxicity factor in this table.
      1. 3. Add the products obtained in Step 2, to obtain the total 2,3,7,8-TCDD equivalent in the sample.

Sample calculations are provided in EPA document No. EPA/625/3-89/016, March 1989, which can be obtained from the EPA, ORD Publications Office, Cincinnati, Ohio (Phone no. 513-569-7562). Table 4.0-1. -2,3,7,8-TCDD Toxicity Equivalence Factors (TEFs)1 Compound I-TEFs,89 Mono-, Di-, and TriCDDs 0 2,3,7,8-TCDD 1 Other TCDDs 0 2,3,7,8-PeCDD 0.5 Other PeCDDs 0 2,3,7,8-HxCDD 0.1 Other HxCDDs 0 2,3,7,8-HpCDD 0.01 Other HpCDDs 0 OCDD 0.001 Mono-, Di-, and TriCDFs 0 2,3,7,8-TCDF O.1 Other TCDFs 0 1,2,3,7,8-PeCDF 0.05 2,3,4,7,8-PeCDF 0.5 Other PeCDFs 0 2378-HxCDFs 0.1 Other HxCDFs 0 2378-HpCDFs 0.01 Other HpCDFs 0 OCDF 0.001 Reference: Adapted from NATO/CCMS, 1988a.

1Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and CDFs) 1989 Update EPA/625/3-89/016, March 1989. Section 5.0 Hazardous Waste Combustion Air Quality Screening Procedure The HWCAQSP is a combined calculation/reference table approach for conservatively estimating short- term and annual average facility impacts for stack emissions. The procedure is based on extensive short- term modeling of 11 generic source types and on a set of adjustment factors for estimating annual average concentrations from short-term concentrations. Faculty impacts may be determined based on the selected worst-case stack or on multiple stacks, in which the impacts from each stack are estimated separately and then added to produce the total facility impact. This procedure is most useful for facilities with multiple stacks, large source-to-property boundary distances, and complex terrain between 1 and 5 km from the facility. To ensure a sufficient degree of conservatism, the HWCAQSP may not be used if any of the five screening procedure limitations listed below are true:

1. ● The facility is located in a narrow valley less than 1 km wide; ● The facility has a stack taller than 20 m and is located such that the terrain rises to the stack height within 1 km of the facility;
   1. ● The facility has a stack taller than 20 m and is located within 5 km of the shoreline of a large body of water;
      1. ● The facility property line is within 200 m of the stack and the physical stack height is less than 10 m; or ● On-site receptors are of concern, and stack height is less than 10 m. If any of these criteria are met or the Director determines that this procedure is not appropriate, then detailed site-specific modeling or modeling using the “Screening Procedures for Estimating the Air Quality Impact of Stationary Sources,” EPA 450/4-88-010, Office of Air Quality Planning and Standards, August 1988, is required. Detailed site-specific dispersion modeling must conform to the EPA “Guidance on Air Quality Models (Revised)”, EPA 450/2-78-027R, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina, July 1986. This document provides guidance on both the proper selection and regulatory application of air quality models.

Introduction The Hazardous Waste Combustion Air Quality Screening Procedure (HWCAQSP) (also referred to hereafter as “the screening procedure” or “the procedure”) provides a quick, easy method for estimating maximum (hourly) and annual average ambient air impacts associated with the combustion of hazardous waste. The methodology is conservative in nature and estimates dispersion coefficients1 based on facility- specific information.

1The term dispersion coefficient refers to the change in ambient air concentration (\mu\g/m3) resulting from a source with an emission rate of 1 g/sec.

The screening procedure can be used to determine emissions limits at sites where the nearest meteorological (STAR) station is not representative of the meteorology at the site. If the screen shows that emissions from the site are adequately protective, then the need to collect site-specific meteorological data can be eliminated.

The screening procedure is generally most helpful for facilities meeting one or more of the following conditions:

1. ● Multiple stacks with substantially different release specifications (e.g., stack heights differ by >50 percent, exit temperatures differ by >50 °K, or the exit flow rates differ by more than a factor of 2), ● Terrain located between 1 km and 5 km from the site increases in elevation by more than the physical height of the shortest stack (i.e., the facility is located in complex terrain), or ● Significant distance between the facility's stacks and the site boundary [guidance on determining whether a distance is “significant” is provided in Step 6(B) of the procedure]. Steps 1 through 9 of the screening procedure present a simplified method for determining emissions based on the use of the “worst-case” stack. If the simplified method shows that desired feed rates result in emissions that exceed allowable limits for one or more pollutants, a refined analysis to examine the emissions from each stack can be conducted. This multiple-stack method is presented in Step 10. The steps involved in screening methodology are as follows: Step 1. Define Source Characteristics Step 2. Determine the Applicability of the Screening Procedure Step 3. Select the Worst-Case Stack Step 4. Verify Good Engineering Practice (GEP) Criteria Step 5. Determine the Effective Stack Height and Terrain-Adjusted Effective Stack Height Step 6. Classify the Site as Urban or Rural Step 7. Determine Maximum Dispersion Coefficients Step 8. Estimate Maximum Ambient Air Concentrations Step 9. Determine Compliance With Regulatory Limits Step 10. Multiple Stack Method Step 1: Define Source Characteristics Provide the following source data:2 Stack Data: Stack No. 1 Stack No. 2 Stack No. 3 Physical stack height (m) _____ _____ _____ Exhaust temperature (°K) _____ _____ _____ 3 _____ _____ _____ Flow rate (m /sec)

2Worksheet space is provided for three stacks. If the facility has additional stacks, copy the form and revise stack identification numbers for 4,5, etc.

Nearby Building Dimensions Consider all buildings within five building heights or five maximum projected widths of the stack(s). For the building with the greatest height, fill in the spaces below. Building Height (m) Maximum projected building width (m)

Nearby Terrain Data Determine maximum terrain rise for the following three distance ranges from the facility (not required if the highest stack is less than 10 m in height):

1. _____(m)/0-0.5 km _____(m)/0-2.5 km _____(m)/0-5 km Distance from facility to nearest shoreline (km) Valley width (km) Step 2: Determine the Applicability of the Screening Procedure Fill in the following data:
   1. Yes No Is the facility in a valley _____ _____ < km in width? Is the terrain rise within 1 _____ _____ km of the facility greater than the physical stack height of the tallest stack? (Only applies to stacks ≤20 meters in height)

      Is the distance to the _____ _____ nearest shoreline <5 km? (Only applies to facilities with stacks ≤20 meters in height)

      For the building listed in _____ _____ Step 1, is the closest property boundary <5 times the building height or <5 times the maximum projected building width? (Only applies to facilities with a stack height <2.5 times the building height)

If the answer is “no” to all the preceding questions, then the HWCAQSP is acceptable. If the answer to any question is “yes”, the procedure is not acceptable. Step 3: Select the Worst-Case Stack If the facility has several stacks, a worst-case stack must be chosen to conservatively represent release conditions at the facility. Follow the steps below to identify the worst-case stack. Apply the following equation to each stack:

1. K= HVT where:
   1. K = an arbitrary parameter accounting for the relative influence of the stack height and plume rise.

      H = Physical stack height (m)

      V = 3 Flow rate (m /sec)

      T = Exhaust temperature (°K)

Complete the following table to compute the “K” value for each stack: Stack No. Stack height (m) x 3 Flow Rate (m /sec)

1. 1 _____ x _____ 2 _____ x _____ 3 _____ x _____ Select the stack with the lowest “K” value. This is the worst-case stack that will be used for Steps 4 through 9.

Worst-Case Stack is identified as Stack No.______ Step 4: Verify Good Engineering Practice (GEP) Criteria Confirm that the selected worst-case stack meets Good Engineering Practice (GEP) criteria. The stack height to be used in the subsequent steps of this procedure must not be greater than the maximum GEP. Maximum and minimum GEP stack heights are defined as follows: CEP (minimum) = H+(1.5xL)

1. GEP (maximum) = greater of 65 m or H+ (l.5xL)
   1. where:

      H = height of the building selected in Step 1 measured from ground level elevation at the base of the stack L = the lesser dimension of the height or projected width of the building selected in Step 1 Record the following data for the worst-case stack:

Stack height (m)=___ H(m) =___ L(m)=___ Then compute (he following:

GEP (minimum) (m) = ___ GEP (maximum) (m) = ___ ● If the physical height of the worst-case stack exceeds the maximum GEP, then use the maximum GEP stack height for the subsequent steps of this analysis; ● If the physical height of the worst-case stack is less than the minimum GEP, then use generic source number 11 as the selected source for further analysis and proceed directly to Step 6;

1. ● If the physical height of the worst-case stack is between the minimum and maximum GEP, then use the actual physical stack height for the subsequent steps of this analysis. Step 5: Determine the Effective Stack Height and the Terrain-Adjusted Effective Stack Height (TAESH)

The effective stack height is an important factor in dispersion modeling. The effective stack height is the physical height of the stack plus plume rise. As specified in Step 4, the stack height used to estimate the effective stack height must not exceed GEP requirements. Plume rise is a function of the stack exit gas temperature and flow rate.

In this analysis, the effective stack height is used to select the generic source that represents the dispersion characteristics of the facility. For facilities located in flat terrain and for all facilities with worst- case stacks less than or equal to 10 meters in height, generic source numbers are selected strictly on the basis of effective stack height. In all other cases, the effective stack height is further adjusted to take into account the terrain rise near the facility. This “terrain-adjusted effective stack height” (TAESH) is then used to select file generic source number that represents the dispersion characteristics of the facility. Follow the steps below to identify the effective stack height, the TAESH (where applicable), and the corresponding generic source number.

1. (A) Go to Table 5.0-1 and find the plume rise value corresponding to the stack temperature and exit flow rate for the worst-case stack determined in Step 3. Plume rise = _____ (m)
   1. (B) Add the plume rise to the GEP stack height of the worst-case stack determined in Steps 3 and 4.

      GEP stack height (m) + Plume rise (m) = _____ _____

      1. (C) Go to the first column of Table 5.0-2 and identify the range of effective stack heights that includes the effective stack height estimated in Step 5(B). Record the generic source number that corresponds to this range.
         1. Generic source number=___ (D) If the source is located in flat terrain3, or if the generic source number identified in Step 5(C) above is 1 or 11 (regardless of terrain classification), use the generic source number determined in Step 5(C) and proceed directly to Step 6. Otherwise, continue to Step 5(E). 3The terrain is considered flat and terrain adjustment factors are not used if the maximum terrain rise within 5 km of the facility (see Step 1) is less than 10 percent of the physical stack height of the worst-case stack.
         2. (E) For those situations where the conditions in Step 5(D) do not apply, the effective stack height must be adjusted for terrain. The TAESH for each distance range is computed by subtracting the terrain rise within the distance range from the effective stack height.4 4Refer to Step 1 for terrain adjustment data. Note that the distance from the source to the outer radii of each range is used. For example, for the range >0.5-2.5 km, the maximum terrain rise in the range 0.0-2.5 km is used.

      Table 5.0-1.-Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature Exhaust Temperature (°K)

      Flo <32 325 350 400 450 500 600 700 800 100 >14 w 5 - - - - - - - - 0- 99 Rat 349 399 449 499 599 699 799 899 149 e 9 (m /s)

      <0. 0 0 0 0 0 0 0 0 0 0 0 0.5- 0 0 0 0 0 0 0 0 1 1 1

      0.9

      1.0- 0 0 0 0 1 1 2 3 3 3 4

      1.9

      2.0- 0 0 1 3 4 4 6 6 7 8 9

      2.9

      3.0- 0 1 2 5 6 7 9 10 11 12 13

      3.9

      4.0- 1 2 4 6 8 10 12 13 14 15 17

      4.9

      5.0- 2 3 5 8 10 12 14 16 17 19 21

      7.4

      7.5- 3 5 8 12 15 17 20 22 22 23 24

      9.9

   2. 10. 4 6 10 15 19 21 23 24 25 26 27 0-

      12.4

   3. 12. 4 7 12 18 22 23 25 26 27 28 29 5-

      14.9

   4. 15. 5 8 13 20 23 24 26 27 28 29 31 0-

      19.9

   5. 20. 6 10 17 23 25 27 29 30 31 32 34 0-

      24.9

   6. 25. 7 12 20 25 27 29 31 32 33 35 36 0-

      29.9

   7. 30. 8 14 22 26 29 31 33 35 36 37 39 0-

      34.9

   8. 35. 9 16 23 28 30 32 35 36 37 39 41 0-

      39.9

   9. 40. 10 17 24 29 32 34 36 38 39 41 42 0-

      49.9

   10. 50. 12 21 26 31 34 36 39 41 42 44 46 0-

       59.9

   11. 60. 14 22 27 33 36 39 42 43 45 47 49 0-

       69.9

   12. 70. 16 23 29 35 38 41 44 46 47 49 51 0-

       79.9

   13. 80. 17 25 30 36 40 42 46 48 49 51 54 0-

       89.9

   14. 90. 19 26 31 38 42 44 48 50 51 53 56 0-

       99.9

       100 21 26 32 39 43 46 49 52 53 55 58 .0- 119.

       120 22 28 35 42 46 49 52 55 56 59 61 .0- .9 140 23 30 36 44 48 51 55 58 59 62 65 .0- .9 160 25 31 38 46 50 54 58 60 62 65 67 .0- .9 180 26 32 40 48 52 56 60 63 65 67 70 .0- .9 >19 26 33 41 49 54 58 62 65 67 69 73

       9.9

Table 5.0-2-Selection of Generic Source Number Effective stack height Generic source No.

1. (m)
   1. 10.0 1

      10.0-14.9 2 15.0-19.9 3 20.0-24.9 4 25.0-30.9 5 31.0-41.9 6 42.0-52.9 7 53.0-64.9 8 65.0-122.9 9 113.0+ 10 Downwash 11 Table 5.0-3.-Classification of Land Use Types 1 Description Urban or rural Type designation I1 Heavy Industrial Urban I2 Light/Moderate Industrial Urban C1 Commercial Urban R1 Common Residential Rural (Normal Easements).

      R2 Compact Residential Urban (Single Family).

      R3 Compact Residential Rural (Multi-Family).

      R4 Estate Residential (Multi- Rural Acre Plots).

      A1 Metropolitan Natural Rural A2 Agricultural Rural A3 Undeveloped Rural (Grasses/Weeds).

      A4 Undeveloped (Heavily Rural Wooded).

      A5 Water Surfaces Rural 1EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina, July, 1986.2Auer, August H. Jr., “Correlation of Land Use and Cover with meteorological Anomalies,” Journal of Applied Meteorology, pp. 636-643,1978.

      Distance range (km) Effective stack-height − Maximum terrain-rise

      1. (m) [see step 5(B)] (m) (see step 1)

      0.0-0.5 _____ − _____ >0.5-2.5 _____ − _____ >2.5-5.0 _____ − _____ If the terrain rise for any of the distance ranges is greater than the effective stack height, set the TAESH equal to zero and use generic source number 1 for that distance range. Record the generic source numbers from Table 5.0-2 based on each of the TAESH values. Distance range (km) Generic source No.

      1. (after terrain adjustment)

      0.0-0.5 _____ >0.5-2.5 _____ >2.5-5.0 _____ Step 6: Classify the Site as Urban or Rural

(A) Classify the land use near the facility as either urban or rural by determining the percentage of urban land use types (as defined in Table 3; for further guidance see the footnoted references) that fall within 3 km of the facility.5 5The delineation of urban and rural areas can be difficult for the residential-type areas listed in Table 5.0-3. The degree of resolution in Table 5.0-3 for residential areas often cannot be identified without conducting site area inspections. This process can require extensive analysis, which, for many applications, can be greatly streamlined without sacrificing confidence in selecting the appropriate urban or rural classification. The fundamental simplifying assumption is based on the premise that many applications will have clear-cut urban/rural designations, i.e., most will be in rural settings that can be definitively characterized through a review of aerial photographs, zoning maps, or US. Geological Survey topographical maps.

1. Method Used to Estimate Visual Planimeter Percent Urban Land Use:
   1. _____ _____ Estimated Percentages Urban Rural _____ _____ If the urban land use percentage is less than or equal to 30 percent based on a visual estimate, or 50 percent based on a planimeter, the local land use is considered rural. Otherwise, the local land use is considered urban.

      Classification (check Urban Rural applicable space)

      _____ _____

(B) Based on the TAESH and the urban/rural classification of surrounding land use, use the following table to determine the threshold distance between any stack and the nearest facility boundary. Terrain adjusted Distance (m)

1. effective stack height range (m)
   1. Urban Rural 1-9.9 200 200 10-14.9 200 250 15-19.9 200 250 20-24.9 200 350 25-30.9 200 450 31-41.9 200 550 42-52.9 250 800 53-64.9 300 1000 65-112.9 400 1200 113+ 700 2500 Record the following information:
      1. Threshold distance from the table (m):_ Minimum distance from any stack to property boundary (m): _ If the minimum distance between any stack and the nearest facility boundary is greater than the threshold distance, the surrounding buffer distance is considered significant and the facility is likely to benefit from use of the HWCAQSP relative to the Tier I and II limits (see discussion of benefits from using HWCAQSP in Introduction section).

Step 7: Determine Maximum Dispersion Coefficients (A) Determine maximum average hourly dispersion coefficients. Based on the results of Step 6(A), select either Table 5.0-4 (urban) or Table 5.0-5 (rural) to determine the maximum average hourly dispersion coefficient.6For flat terrain [defined in Step 5(D)] and for all sites with generic source numbers 1 or 11, use Step 7(A) (1). For rolling or complex terrain (excluding generic sources numbers 1 and 11), use Step 7(A)(2).

1. 6For the distance range 6 to 20 kilometers, generic source number 1 is used to conservatively represent the maximum dispersion coefficient.
   1. (1) Search down the appropriate generic source number column [based on Step 5(C)], beginning at the minimum fenceline distance listed in Step 6(B).7Record the maximum average hourly dispersion coefficient encountered.
      1. 7Exclude all distances that are closer to the facility than the property boundary. For example, if the actual distance to the nearest property boundary is 265 meters, begin at the 300 meter distance in Tables 5.0-4 and 5.0-5.
         1. Maximum Average Hourly Dispersion Coefficient =_(µ/g/m3/g/sec) (2) For each of the three distance-based generic source numbers listed in Step 5(E), search down the appropriate generic source number columns, beginning at the minimum fenceline distance listed in Step 6(B). Note that different columns may be used for each of the three distance ranges if there is a need for terrain adjustment. Record the maximum dispersion coefficient for each generic source number. Distance range (km) Generic source No. from Maximum dispersion Step 5(E) coefficient (µ/g/m /inch/sec)

      0.0-0.5 _____ _____ >0.5-2.5 _____ _____ >2.5-5.0 _____ _____ >5.0-20.0 _____ _____ Table 5.0-4.-ISCST Predicted Maximum Concentrations (\mu\g/m3)* for Hazardous Waste Combustors Using Urban Conditions Dist Ge Ge Ge Ge Ge Ge Ge Ge Ge Ge Gen anc neri neri neri neri neri neri neri neri neri neri eric e c c c c c c c c c c Sou (K Sou Sou Sou Sou Sou Sou Sou Sou Sou Sou rce M) rce rce rce rce rce rce rce rce rce rce #11 #1 #2 #3 #4 #5 #6 #7( #8 #9 #10 (Do (<1 (10 (15 (20 (25 (31 42 (53 (65 (11 wn 0M M) M) M) M) M) M) M) M) 3M was ) ) h)

   2. 0.20 680 517 368 268 168 129 63.4 30.1 18.4 1.6 662.
      1. .1 .5 .7 .7 .5 .8 3
   3. 0.25 521 418 303 232 163 124 67.6 38.5 19.8 3.2 500.
      1. .9 .2 .7 .6 .0 .2 0
   4. 0.30 407 351 256 199 147 118. 63.5 41.5 25.0 4.2 389.
      1. .7 .7 .2 .0 .0 3 3
   5. 0.35 326 304 221 172 130 107 60.0 40.5 27.3 5.4 311.
      1. .2 .2 .6 .7 .2 .9 9
   6. 0.4 268 268 195 152 115. 97.1 59.6 37.8 27.4 5.8 268.
   7. 0. .5 .5 .6 .5 7 5
   8. 0.45 240 240 175 136 103 87.6 56.6 37.2 26.3 5.8 240.
      1. .8 .7 .4 .7 .9 8
   9. 0.50 218 218 159 124 94.4 79.7 52.9 36.7 24.7 5.8 218.
      1. .5 .5 .2 .1 5
   10. 0.55 200 200 145 113. 86.5 73.1 49.2 35.4 24.5 6.6 200.
       1. .3 .3 .9 8 3
   11. 0.60 185 185 134 105 80.0 67.6 45.8 33.8 24.3 7.1 185.
       1. .1 .1 .9 .1 1
   12. 0.65 172 172 125 97.8 74.4 62.9 42.7 32.0 23.7 7.4 172.
       1. .2 .2 .5 2
   13. 0.70 161 161 117. 91.6 69.6 58.9 40.1 30.2 22.9 7.5 161.
       1. .2 .2 4 2
   14. 0.75 151 151 110. 86.1 65.5 55.4 37.7 28.6 22.0 7.5 151.
       1. .6 .6 5 6
   15. 0.80 143 143 104 81.4 61.9 52.3 35.6 27.1 21.1 7.4 143.
       1. .2 .2 .4 2
   16. 0.85 135 135 99.0 77.2 58.7 49.6 33.8 25.7 20.2 7.2 135.
       1. .8 .8 8
   17. 0.90 129 129 94.2 73.4 55.8 47.2 32.1 24.5 19.3 7.0 129.
       1. .2 .2 2
   18. 0.95 123 123 89.9 70.1 53.3 45.0 30.7 23.4 18.5 6.8 123.
       1. .3 .3 3
   19. 1.00 118. 118. 86.0 67.0 51.0 43.1 29.4 22.4 17.7 6.5 118.
       1. 0 0 0
   20. 1.10 108 108 79.3 61.8 47.0 39.7 27.1 20.6 16.4 6.5 108.
       1. .8 .0 8
   21. 1.20 101 101 73.7 57.4 43.7 36.9 25.2 19.2 15.2 6.4 101.
       1. .1 .1 1
   22. 1.30 94.6 94.6 68.9 53.7 40.9 34.5 23.5 18.0 14.2 6.3 94.6
   23. 1.40 89.0 89.0 64.8 50.6 38.5 32.5 22.1 16.9 13.4 6.1 89.0
   24. 1.50 84.1 84.1 61.3 47.8 36.3 30.7 20.9 16.0 12.7 5.9 84.1
   25. 1.60 79.8 79.8 58.2 45.4 34.5 29.2 19.9 15.2 12.0 5.6 79.8
   26. 1.70 76.0 76.0 55.4 43.2 32.9 27.8 18.9 14.4 11.4 5.4 76.0
   27. 1.80 72.7 72.7 53.0 41.3 31.4 26.5 18.1 13.8 10.9 57 72.7
   28. 1.90 69.6 69.6 50.7 39.6 30.1 25.4 173 13.2 10.5 5.0 69.6
   29. 2.00 66.9 66.9 48.8 38.0 28.9 24.4 16.7 12.7 10.1 4.8 66.9
   30. 2.25 61.1 61.1 44.5 34.7 26.4 22.3 15.2 11.6 9.2 4.4 61.1
   31. 2.50 56.4 56.4 41.1 32.1 24.4 20.6 14.0 10.7 8.5 4.1 56.4
   32. 2.75 52.6 52.6 38.3 29.9 22.7 19.2 10.0 10.0 7.9 3.8 52.6
   33. 3.00 49.3 49.3 35.9 28.0 21.3 18.0 9.4 9.4 7.4 3.6 49.3
   34. 4.00 40.2 40.2 29.3 22.8 17.4 14.7 7.6 7.6 6.1 2.9 40.2
   35. 5.00 34.5 34.5 25.2 19.6 14.9 12.6 6.6 6.6 5.2 2.5 34.5
   36. 6.00 30.7 30.7 30.7 30.7 30.7 30.7 30.7 30.7 30.7 30.7 30.7
   37. 7.00 27.8 27.8 27.8 37.8 27.8 27.8 27.8 27.8 27.8 27.8 27.8
   38. 8.00 25.5 25.5 25.5 25.5 25.5 25.5 25.5 25.5 25.5 25.5 25.5
   39. 9.00 23.8 23.8 23.8 23.8 23.8 23.8 23.8 23.8 23.8 23.8 23.8
   40. 10. 22.3 22.3 22.3 22.3 22.3 22.3 22.3 22.3 22.3 22.3 22.3 15. 17.6 17.6 17.6 17.6 17.6 17.6 17.6 17.6 17.6 17.6 17.6 20. 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15.0 15. 15.0 00 01 *Based on a 1 Gram/second Emission Rate Table 5.0-5.-ISCST Predicted Maximum Concentrations (u g/m3)* for Hazardous Waste Combustors Using Rural Conditions Dist Ge Ge Ge Ge Ge Ge Ge Ge Ge Ge Gen anc neri neri neri neri neri neri neri neri neri neri eric e c c c c c c c c c c Sou (K Sou Sou Sou Sou Sou Sou Sou Sou Sou Sou rce M) rce rce rce rce rce rce rce rce rce rce #11 #1 #2 #3 #4 #5 #6 #7( #8 #9 #10 (Do (<1 (10 (15 (20 (25 (31 42 (53 (65 (11 wn 0M M) M) M) M) M) M) M) M) 3M was ) ) h)
   41. 0.20 177 670 308 176 102 76.5 28.0 10.1 3.5 0.0 135
       1. 1.1 .3 .6 .8 .8 0.8
   42. 0.25 131 678 316 183 104 71.8 38.0 17.6 7.9 0.2 122
       1. 0.6 .4 .9 .6 .6 7.3
   43. 0.30 100 629 303 199 100 75.0 39.7 24.0 126 0.8 111
       1. 2.3 .2 .4 .1 .4 9.3
   44. 0.35 798 569 282 200 117. 71.1 36.3 25.9 16.8 1.9 102
       1. .4 .6 .3 .7 0 3.8
   45. 0.40 656 516 278 194 125 82.7 25.3 24.6 18.1 3.1 938.
       1. .9 .5 .7 .4 .2 9
   46. 0.45 621 471 277 184 127 89.7 35.6 21.7 17.6 4.3 851.
       1. .5 .1 .6 .3 .5 8
   47. 0.50 633 432 272 172 125 92.9 34.4 21.6 15.9 5.5 787.
       1. .5 .4 .0 .7 .7 8
   48. 0.55 630 399 263 168 121 93.3 38.6 21.7 13.6 6.5 730.
       1. .1 .2 .8 .0 .6 6
   49. 0.60 616 370 254 169 116. 91.8 42.6 21.7 14.3 6.7 676.
       1. .6 .4 .0 .1 2 4
   50. 0.65 596 345 243 168 110. 89.2 45.3 20.9 14.7 6.4 633.
       1. .7 .4 .6 .1 3 4
   51. 0.70 573 323 232 165 104 85.8 47.0 23.3 14.6 5.9 592.
       1. .2 .4 .9 .6 .5 0
   52. 0.75 546 304 222 162 98.8 82.2 47.7 25.5 14.3 5.5 554.
       1. .9 .0 .3 .0 6
   53. 0.80 520 286 212 157 98.8 78.5 47.8 27.1 13.8 5.1 522.
       1. .9 .8 .1 .7 1
   54. 0.85 495 271 202 153 99.0 74.9 47.4 28.3 15.0 4.7 491.
       1. .7 .5 .4 .0 8
   55. 0.90 471 257 193 148 98.6 71.4 46.6 29.1 16.3 4.5 464.
       1. .5 .8 .3 .1 2
   56. 0.95 448 245 184 143 97.6 72.3 45.6 29.6 17.3 4.2 438.
       1. .5 .4 .7 .1 9
   57. 1.00 426 234 176 138 96.3 72.6 44.4 29.8 18.2 4.0 415.
       1. .8 .2 .8 .1 8
   58. 1.10 387 214 162 128 91.9 71.1 41.8 29.5 19.3 3.9 375.
       1. .5 .7 .5 .2 0
   59. 1.20 353 198 150 119. 87.4 69.1 39.1 28.6 19.8 4.1 340.
       1. .5 .4 .3 3 3
   60. 1.30 323 189 139 111. 82.9 66.7 36.6 27.5 19.8 4.2 310.
       1. .0 .6 .9 5 4
   61. 1.40 296 182 130 104 78.7 64.2 34.3 26.2 19.5 4.2 284.
       1. .6 .2 .8 .5 6
   62. 1.50 273 174 122 98.3 74.7 61.6 32.3 24.9 19.0 4.2 262.
       1. .3 .6 .9 0
   63. 1.60 252 167 115. 92.8 71.0 59.1 31.8 23.6 18.4 4.2 242.
       1. .7 .0 9 2
   64. 1.70 234 159 109 87.9 67.6 56.7 31.6 22.5 17.7 4.3 224.
       1. .5 .6 .7 7
   65. 1.80 218 152 104 83.5 64.4 54.3 31.3 21.4 17.0 4.5 211.
       1. .3 .4 .1 9
   66. 1.90 203 145 99.1 79.5 61.5 52.1 30.9 20.4 16.3 4.8 198.
       1. .7 .6 4
   67. 2.00 190 139 94.6 75.9 58.8 50.0 30.4 19.5 15.7 5.1 186.
       1. .7 .1 3
   68. 2.25 164 124 85.1 68.3 53.0 45.4 28.9 18.1 14.2 5.4 160.
       1. .4 .5 8
   69. 2.50 143 112. 77.3 62.1 48.2 41.4 27.2 17.9 12.9 5.5 140.
       1. .7 1 7
   70. 2.75 127 101 70.9 56.9 38.1 38.1 25.6 17.5 11.8 5.4 124.
       1. .0 .5 5
   71. 3.00 113. 92.4 65.6 52.6 35.2 35.2 24.0 17.0 11.2 5.2 112.
       1. 4 5
   72. 4.00 78.8 67.3 50.6 40.6 27.2 27.2 29.0 14.3 10.4 4.3 78.3
   73. 5.00 59.1 54.6 41.4 33.2 22.2 22.2 15.6 12.0 9.3 3.5 58.8
   74. 6.00 56.7 46.7 46.7 46.7 46.7 46.7 46.7 46.7 46.7 46.7 46.7
   75. 7.00 40.4 40.4 40.4 40.4 40.4 40.4 40.4 40.4 40.4 40.4 40.4
   76. 8.00 35.8 35.8 35.8 35.8 35.8 35.8 35.8 35.8 35.8 35.8 35.8
   77. 9.00 32.2 32.2 32.2 32.2 32.2 32.2 32.2 32.2 32.2 32.2 32.2
   78. 10. 29.4 29.4 29.4 29.4 29.4 29.4 29.4 29.4 29.4 29.4 29.4 15. 20.5 20.5 20.5 20.5 20.5 20.5 20.5 20.5 20.5 20.5 20.5 20. 15.9 15.9 15.9 15.9 15.9 15.9 15.9 15.9 15.9 15.9 15.9 *Based on a 1 Gram/Second Emission Rate

(B) Determine annual/hourly ratio for rural analysis. The maximum average annual dispersion coefficient is approximated by multiplying the maximum hourly dispersion coefficient (identified in Step 7(A)) by the appropriate ratio selection from Table 5.0-6. The generic source number(s) [from Steps 5(C) or 5(E)], urban/rural designation (from Step 6), and the terrain type are used to select the appropriate scaling factor. Use the noncomplex terrain designation for all sources located in fiat terrain, for all sources where the physical stack height of the worst-case stack is less than or equal to 10 m, for all sources where the worst-case stack is less than the minimum GEP, and for those sources where all of the TAESH values in Step 5(E) are greater than zero. Use the complex terrain designation in all other situations.

(C) Determine maximum average annual dispersion coefficient. The maximum average annual dispersion coefficient is determined by multiplying the maximum hourly dispersion coefficient (Step 7(A)) by its corresponding annual/hourly ratio (Step 7(B)). Terrain Distance from stack (m) Generic Source No. Maximum hourly dispersion coefficient (>g/m /g/sec)

1. Flat 0-20.0 0-0.5 ≤0.5-2.5 Rolling or Complex ≤2.5-5.0 ≤5.0-20.0 1Maximum hourly dispersion coefficient times annual/hourly ratio. Step 8: Estimate Maximum Ambient Air Concentrations - see procedures prescribed in Subpart O of Part 264 of these regulations. Step 9: Determine Compliance with Regulatory Limits - see procedures prescribed in Subpart O of Part 264 of these regulations. Step 10: Multiple Stack Method (Optional)

This option is a special case procedure that may be helpful when (1) the facility exceeded the regulatory limits for one or more pollutants, as detailed in Step 9, and (2) the facility has multiple stacks with substantially different emission rates and effective release heights. Only those pollutants that fail the Step 9 screening limits need to be addressed in this exercise. This procedure assesses the environmental impacts from each stack and then sums the results to estimate total impacts. This option is conceptually the same as the basic approach (Steps 1 through 9) and does not involve complex calculations. However, it is more time-consuming and is recommended only if the basic approach fails to meet the risk criteria. The procedure is outlined below.

1. (A) Compute effective stack heights for each stack.8 8Follow the procedure outlined in Step 4 of the basic screening procedure to determine the GEP for each stack. If a stack's physical height exceeds the maximum GEP, use the maximum GEP values. If a stack's physical height is less than the minimum GEP, use generic source number 11 in the subsequent steps of this analysis. Follow the procedure in Steps 5(A) and 5(B) to determine the effective height of each stack.
   1. Stack No. GEP stack height (m) 3 Exit temp (°K)
      1. Flow rate (m /sec)

      Add an additional page if more than three stacks are involved. Circle the maximum and minimum effective stack heights.

      1. (B) Determine if this multiple-stack screening procedure will likely produce less conservative results than the procedure in Steps 1 through 9. To do this, compute the ratio of maximum-to-minimum effective stack height:
         1. Maximum Effective Stack Height/Minimum Effective Stack Height = _____ If the above ratio is greater than 1.25, proceed with the remaining steps. Otherwise, this option is less likely to significantly reduce the degree of conservatism in the screening method.
         2. (C) Determine if terrain adjustment is needed and select generic source numbers. Select the shortest stack height and maximum terrain rise out to 5 km from Step 1 and determine if the facility is in fiat terrain. Shortest stack height (m) = Maximum terrain rise in meters out to 5 km = Terrain Rise (m)/Shortest Stack Height (m) × 100 = _____% If the value above is greater than 10 percent; the terrain is considered nonflat; proceed to Step 10(D). If the ratio is less than or equal to 10 percent, the terrain is considered flat. Identify the generic source numbers based on effective stack heights computed in Step 10(A). Refer to Table 5.0-2 provided earlier to identify generic source numbers. Record the generic source numbers identified and proceed to Step 10(F). Stack No.

      1 2 3 Generic Source Numbers

      1. (D) Compute the TAESH and select generic source numbers (four sources located in nonflat terrain).
         1. 1. Compute the TAESH for all remaining stacks using the following equation: HE−TR = TAESH where:

      HE = effective stack height (m)

      TR = maximum terrain rise for each distance range (m)

      TAESH = terrain-adjusted effective stack height (m)

      1. Use the Table Below To Calculate the TAESH for Each Stack 9 D Stack No.

      is ta n ce R a n g e (k m )

      0-0.5 >0.5-2.5 >2.5-5.0 H − T = T H − T = T H − T = T E R A E R A E R A E E ES S S H H H 1 − = − = − = 2 − = − = − = 3 − = − = − = 9Refer to Step 1 for terrain adjustment data. Note that the distance from the source to the outer radii of each range is used. For example, for the range >0.5-2.5 km, the maximum terrain rise in the range 0.0-2.5 km is used.

For those stacks where the terrain rise within a distance range is greater than the effective stack height (i.e., HE-TR is less than zero), the TAESH for that distance range is set equal to zero, and generic source number 1 should be used for that distance range for all subsequent distance ranges. Additionally, for all stacks with a physical stack height of less than or equal to 10 meters, use generic source number 1 for all distance ranges.10 For the remaining stacks, proceed to Step 10(D)(2). 10This applies to all stacks less than or equal to 10 meters regardless of the terrain classification.

1. 2. For the remaining stacks, refer to Table 5.0-2 and, for each distance range, identify the generic source number that includes the TAESH. Use the values obtained from Steps 10(D)(1) and 10(D)(2) to complete the following summary worksheet; Generic Source Number After Terrain Adjusted (if Needed) Stack No. 0-0.5 km >0.5-2.5 km >2.5-5.0 km 1 _____ _____ _____ 2 _____ _____ _____ 3 _____ _____ _____ (E) Identify maximum average hourly dispersion coefficients. Based on the land use classification of the site (e.g., urban or rural), use either Table 5.0-4 or Table 5.0-5 to determine the appropriate dispersion coefficient for each distance range for each stack. Begin at the minimum fenceline distance indicated in Step 7(B) and record on Worksheet 5.0-1 the dispersion coefficient for each stack/distance range. For stacks located in facilities in flat terrain, the generic source numbers were computed in Step 10(C). For stacks located in facilities in rolling and complex terrain, the generic source numbers were computed in Step 10(D). For flat terrain applications and for stacks with a physical height of less than or equal to 10 meters, only one generic source number is used per stack for all distance ranges. For other situations up to three generic source numbers may be needed per stack (i.e., a unique generic source number per distance range). In Tables 5.0-4 and 5.0- 5, the dispersion coefficients for distances of 6 km to 20 km are the same for all generic source numbers in order to conservatively represent terrain beyond 5 km (past the limits of the terrain analysis).
   1. Worksheet 5.0-1 Dispersion Coefficient by Downwind Distance 1 Distance Stack 1 Stack 2 Stack 3

      0.20

      0.25

      0.30

      0.35

      0.40

      0.45

      0.50

      0.55

      0.60

      0.65

      0.70

      0.75

      0.80

      0.85

      0.90

      0.95

      1.00

      1.10

      1.20

      1.30

      1.40

      1.50

      1.60

      1.70

      1.80

      1.90

      2.00

      2.25

      2.50

      2.75

      3.00

      4.00

      5.00

      6.00

      7.00

      8.00

      9.00

      10.00

      15.00

      20.00

      1. 1Note: This procedure places all stacks at the same point, but allows for consideration of different effective stack heights. The distance to the closest boundary (extracted from Step 1) should be the closest distance to any stack.
         1. (F) Estimate maximum hourly ambient air concentrations. In this step, pollutant-specific emission rates are multiplied by appropriate dispersion coefficients to estimate ambient air concentrations. For each stack, emissions are multiplied by the dispersion coefficient selected in Step 10(E) and summed across all stacks to estimate ambient air concentrations at various distances from the facility. From these summed concentrations, the maximum hourly ambient air concentration is selected. First, select the maximum emission rate of the pollutant.11 Record these data in the spaces provided below. 11Recall that it is recommended that this analysis be performed for only one or two pollutants. The pollutants chosen for this analysis should be those that show the most significant exceedances of the risk threshold. 12 Refer to Step 8 of the basic screening procedure. At this point in the screening procedure, annual emissions are used to represent hourly average emission rates. These values will be adjusted by the annual/hourly ratio to estimate annual average concentrations.

            Maximum Annual Emission Rates (g/sec)

      Pollutant Stack 1 Stack 2 Stack 3 Complete a separate copy of Worksheet 5.0-2 for each pollutant and select the highest hourly concentration from the summation column at the far right of the worksheet. Record the maximum hourly air concentration for each pollutant analyzed (add additional lines if needed):

      Pollutant Maximum hourly air concentration Worksheet 5.0-2 Maximum Hourly Ambient Air ConcentrationPollutant __________ Total Distance (km) Stack 1 ER x DC =C Stack 2 ER x DC =C Stack 3 ER x DC =C

   2. 0.20 x = x = x =
   3. 0.25 x = x = x =
   4. 0.30 x = x = x =
   5. 0.35 x = x = x =
   6. 0.40 x = x = x =
   7. 0.45 x = x = x =
   8. 0.50 x = x = x =
   9. 0.55 x = x = x =
   10. 0.60 x = x = x =
   11. 0.65 x = x = x =
   12. 0.70 x = x = x =
   13. 0.75 x = x = x =
   14. 0.80 x = x = x =
   15. 0.85 x = x = x =
   16. 0.90 x = x = x =
   17. 0.95 x = x = x =
   18. 1.00 x = x = x =
   19. 1.10 x = x = x =
   20. 1.20 x = x = x =
   21. 1.30 x = x = x =
   22. 1.40 x = x = x =
   23. 1.50 x = x = x =
   24. 1.60 x = x = x =
   25. 1.70 x = x = x =
   26. 1.80 x = x = x =
   27. 1.90 x = x = x =
   28. 2.00 x = x = x =
   29. 2.25 x = x = x =
   30. 2.50 x = x = x =
   31. 2.75 x = x = x =
   32. 3.00 x = x = x =
   33. 4.00 x = x = x =
   34. 5.00 x = x = x =
   35. 6.00 x = x = x =
   36. 7.00 x = x = x =
   37. 8.00 x = x = x =
   38. 9.00 x = x = x =
   39. 10.00 x = x = x =
   40. 15.00 x = x = x =
   41. 20.00 x = x = x =
       1. ER = Annual Average Emission Rate DC = Hourly Dispersion Coefficient (from Worksheet 5.0-1) C = Estimated Maximum Hourly Ambient Air Concentration (G) Determine the complex/noncomplex designation for each stack. For each stack, subtract the maximum terrain rise within 5 km of the site from the physical stack height and designate the stack as either complex or noncomplex. If the stack height minus the maximum terrain rise (within 5 km) is greater than zero or if the stack is less than 10 meters in physical height, then assign the stack a noncomplex designation. If the stack height minus the maximum terrain rise (within 5 km) is less than or equal to zero, then assign the stack a complex designation.
          1. Perform the following computation for each stack and record the information in the spaces provided. Check in the spaces provided whether the stack designation is complex or noncomplex.

       Stack No. Stack height (m) Maximum terrain rise (m)

       1 − = (m)

       2 − = (m)

       3 − = (m)

       1. (H) Identify annual/hourly ratios. Extract the annual/hourly ratios for each stack by referring to Table 5.0-6. Generic source numbers (from Steps 10(C) or 10(D), urban/rural designation (from Step 6)), and complex or noncomplex terrain designations (from Step 10(G)) are used to select the appropriate scaling factor needed to convert hourly maximum concentrations to estimates of annual average concentrations. Complete the following table:13 13If any stack (excluding generic stack number 1 and 11) in Step 10(D) shows a negative terrain adjusted stack height, use the complex terrain annual/hourly ratios. Stack No. Generic source No. steps 10 (C or D)

       Distance ranges (km) Distance ranges (km)

       0-0.5 >0.5-2.5 >2.5-5.0 0-0.5 _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____

       1. (I) Select the highest annual/hourly ratio among all of the stacks,14 and then estimate the maximum annual average ambient air concentrations for each pollutant by completing the following table, where:
          1. C = Maximum total hourly ambient air concentration (µg/m3) for pollutant “N” from Step 10(F), C =Maximum annual average air concentration for pollutant “N” (µg/m3), a R = Annual/hourly ratio.

14As an option, the user can identify the stack with the highest ratio for each distance range (rather than the absolute highest). In this case, extra sheets would be needed to show estimated annual average concentrations from each stack by multiplying emission rate times maximum hourly dispersion coefficient times maximum annual/hourly ratio for applicable distance range. Then sum across all stacks for each downwind distance.

1. Table 5.0-6.-95th Percentile of Annual/Hourly Ratios Noncomplex Terrain Complex Terrain Source Urban Rural Source 1 0.019 0.014 1 2 0.033 0.019 2 3 0.031 0.018 3 4 0.029 0.017 4 5 0.028 0.017 5 6 0.028 0.017 6 7 0.031 0.015 7 8 0.030 0.013 8 9 0.029 0.011 9 10 0.029 0.008 10 11 0.018 0.015 11 Pollutant 3 X R Ca(µg/m )
   1. X X (J) Use the maximum annual average concentrations from Step 10(I) to determine compliance with regulatory requirements.

Section 6.0 - Simplified Land Use Classification Procedure for Compliance With Tier I and Tier II Limits

6.1 Introduction

This section provides a simplified procedure to classify areas in the vicinity of boilers and industrial furnace sites as urban or rural in order to set risk-based emission limits under subpart H of 40 CFR part 266. Urban/rural classification is needed because dispersion rates differ between urban and rural areas and thus, the risk per unit emission rate differs accordingly. The combination of greater surface roughness (more buildings/structures to generate turbulent mixing) and the greater amount of heat released from the surface in an urban area (generates buoyancy-induced mixing) produces greater rates of dispersion. The emission limit tables in the regulation, therefore, distinguish between urban and rural areas. EPA guidance (EPA 1986)1 provides two alternative procedures to determine whether the character of an area is predominantly urban or rural. One procedure is based on land use typing and the other is based on population density. Both procedures require consideration of characteristics within a 3-km radius from a source, in this case the facility stack(s). The land use typing method is preferred because it more directly relates to the surface characteristics that affect dispersion rates. The remainder of this discussion is, therefore, focused on the land use method.

While the land use method is more direct, it can also be labor-intensive to apply. For this discussion, the land use method has been simplified so that it is consistent with EPA guidance (EPA 1986; Auer 1978), while streamlining the process for the majority of applications so that a clear-cut decision can be made without the need for detailed analysis. Table 6.0-1 summarizes the simplified approach for classifying areas as urban or rural. As shown, the applicant always has the option of applying standard (i.e., more detailed) analyses to more accurately distinguish between urban and rural areas. However, the procedure presented here allows for simplified determinations, where appropriate, to expedite the permitting process.

1. Table 6.0-1.-Classification of Land Use Types 1 Description Urban or rural designation Type I1 Heavy Industrial Urban.
   1. I2 Light/Moderate Urban.
      1. Industrial.

      C1 Commercial Urban.

      R1 Common Residential Rural.

      1. (Normal Easements).

      R2 Compact Residential Urban.

      1. (Single Family).

      R3 Compact Residential Urban.

      1. (Multi-Family).

      R4 Estate Residential (Multi- Rural.

      1. Acre Plots).

      A1 Metropolitan Natural Rural.

      A2 Agricultural Rural.

      A3 Undeveloped Rural.

      1. (Grasses/Weeds)

      A4 Undeveloped (Heavily Rural.

      1. Wooded).

      A5 Water Surfaces Rural.

      1. 1EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina, July, 1986.2Auer, August H. Jr., “Correlation of Land Use and Cover with Meteorological Anomalies,” Journal of Applied Meteorology, pp. 636-643,1978.

6.2 Simplified Land Use Process

The land use approach considers four primary land use types: industrial (I), commercial (C), residential (R), and agricultural (A). Within these primary classes, subclasses are identified, as shown in table 6.0-1. The goal is to estimate the percentage of the area within a 3-km radius that is urban type and the percentage that is rural type. Industrial and commercial areas are classified as urban; agricultural areas are classified as rural.

The delineation of urban and rural areas, however, can be more difficult for the residential type areas shown in table 6.0-1. The degree of resolution shown in table 6.0-1 for residential areas often cannot be identified without conducting site area inspections and/or referring to zoning maps. This process can require extensive analysis, which, for many applications, can be greatly streamlined without sacrificing confidence in selecting the appropriate urban or rural classification. The fundamental simplifying assumption is based on the premise that many applications win have clear- cut urban/rural designations, i.e., most will be in rural settings that can be definitively characterized through a brief review of topographical maps. The color coding on USGS topographical maps provides the most effective means of simplifying the typing scheme. The suggested typing designations for the color codes found on topographical maps are as follows: Green Wooded areas (rural).

White White areas generally will be treated as rural. This code applies to areas that are unwooded and do not have densely packed structures which would require the pink code (house omission tint). Parks, industrial areas, and unforested rural land will appear as white on the topographical maps. Of these categories, only the industrial areas could potentially be classified as urban based on EPA 1986 or Auer 1978. Industrial areas can be easily identified in most cases by the characteristics shown in Figure 6.0-1. For this simplified procedure, white areas that have an industrial classification win be treated as urban areas.

Section 7.0 - Statistical Methodology for Bevill Residue Determinations This section describes the statistical comparison of waste-derived residue to normal residue for use in determining eligibility for the Bevill exemption under § 264.347 of these regulations.

7.1 Comparison of Waste-Derived Residue to Normal Residue

To be eligible for the Bevill exclusion from the definition of hazardous waste under § 264.347(b)(1), waste- derived residue must not contain Appendix VIII, Part 261, constituents that could reasonably be attributable to the hazardous waste (toxic constituents) at concentrations significantly higher than in residue generated without burning or processing hazardous waste (normal residue). Concentrations of toxic constituents in normal residue are determined based on analysis of a minimum of 10 samples representing a minimum of 10 days of operation. The statistically-derived concentrations in normal residue are determined as the upper tolerance limit (95% confidence with a 95% proportion of the sample distribution) of the normal residue concentrations. The upper tolerance limit is to be determined as described in Section 7.2 below. If changes in raw materials or fuels could lower the statistically-derived concentrations of toxic constituents of concern, the statistically-derived baseline must be re-established for any such mode of operation with the new raw material or fuel. Concentrations of toxic constituents in waste-derived residue are determined based on the analysis of one or more samples collected over a compositing period of not more than 24 hours. Multiple samples of the waste-derived residue may be analyzed or subsamples may be composited for analysis, provided that the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize the waste-derived residue generated over a 24-hour period, the arithmetic mean of the concentrations must be used as the waste-derived concentration for each constituent. The concentration of a toxic constituent in the waste-derived residue is not considered to be significantly higher than in the normal residue (i.e., the residue passes the Bevill test for that constituent) if the concentration in the waste-derived residue does not exceed the statistically-derived concentration.

7.2 Calculation of the Upper Tolerance Limit

The 95% confidence with 95% proportion of the sample distribution (upper tolerance limit) is calculated for a set of values assuming that the values are normally distributed. The upper tolerance limit is a one-sided calculation and is an appropriate statistical test for cases in which a single value (the waste-derived residue concentration) is compared to the distribution of a range of values (the minimum of 10 measurements of normal residue concentrations). The upper tolerance limit value is determined as follows:

1. UTL= X+(K)(S)
   1. where:

      X = mean of the normal residue concentrations, X = Xi/n, K = coefficient for sample size n, 95% confidence and 95% proportion, S = standard deviation of the normal residue concentrations, S = (1007_3_sum.jpg(Xi − 2 0.5

      1. X) /(n − 1)) , and n = sample size.

The values of K at the 95% confidence and 95% proportion, and sample size n are given in Table 7.0-1. For example, a normal residue test results in 10 samples with the following analytical results for toxic constituent A:

1. Sample No. Concentration of constituent A (ppm)
   1. 1 10 2 10 3 15 4 10 5 7 6 12 7 10 8 16 9 15 10 10 The mean and the standard deviation of these measurements, calculated using the above equations, are

11.5 and 2.9, respectively. Assuming that the values are normally distributed, the upper tolerance limit (UTL) is given by: UTL=11.5+(2.911)(2.9)=19.9 ppm Thus, if the concentration of constituent A in the waste-derived residue is below 19.9 ppm, then the waste- derived residue is eligible for the Bevill exclusion for constituent A.

7.3 Normal Distribution Assumption

As noted in Section 7.2 above, this statistical approach (use of the upper tolerance limit) for calculation of the concentration in normal residue is based on the assumption that the concentration data are distributed normally. The Agency is aware that concentration data of this type may not always be distributed normally, particularly when concentrations are near the detection limits. There are a number of procedures that can be used to test the distribution of a data set. For example, the Shapiro-Wilk test, examination of a histogram or plot of the data on normal probability paper, and examination of the coefficient of skewness are methods that may be applicable, depending on the nature of the data (References 1 and 2). If the concentration data are not adequately represented by a normal distribution, the data may be transformed to attain a near normal distribution. The Agency has found that concentration data, especially when near detection levels, often exhibit a lognormal distribution. The assumption of a lognormal distribution has been used in various programs at EPA, such as in the Office of Solid Waste Land Disposal Restrictions program for determination of BDAT treatment standards. The transformed data may be tested for normality using the procedures identified above. If the transformed data are better represented by a normal distribution than the untransformed data, the transformed data should be used in determining the upper tolerance limit using the procedures in Section 7.2 above. In all cases where the owner or operator wishes to use other than an assumption of normally distributed data or believes that use of an alternate statistical approach is appropriate to the specific data set, he/she must provide supporting rationale in the operating record that demonstrates that the data treatment is based upon sound statistical practice.

7.4 Nondetect Values

The Agency is developing guidance regarding the treatment of nondetect values (data where the concentration of the constituent being measured is below the lowest concentration for which the analytical method is valid) in carrying out the statistical determination described above. Until the guidance information is available, facilities may present their own approach to the handling of nondetect data points, but must provide supporting rationale in the operating record for consideration by the Director. Table 7.0-1.-K Values for 95% Confidence and 95% Proportion Sample size (n) K 10 2.911 11 2.815 12 2.736 13 2.670 14 2.614 15 2.566 16 2.523 17 2.486 18 2.458 19 2.423 20 2.396 21 2.371 22 2.350 23 2.329 24 2.303 25 2.292

7.5 References

1. Shapiro, S.S. and Wilk, M.B. (1965), “An Analysis of Variance Test for Normality (complete samples),” Biometrika, 52,591-611.

2. Bhattacharyya, G.K. and R.A. Johnson (1977), Statistical Concepts and Methods, John Wiley and Sons, New York.

Section 8.0 Procedures for Determining Default Values for Air Pollution Control System Removal Efficiencies During interim status, owners or operators of boilers and industrial furnaces burning hazardous waste must submit documentation to EPA that certifies that emissions of HCl, Cl , metals, and particulate matter (PM) are not likely to exceed allowable emission rates. See certification of precompliance under § 265.140(b) of these regulations. This documentation also establishes interim status feed rate and operating limits for the facility. For the initial certification, estimates of emissions and system removal efficiencies (SREs) can be made to establish the operating limits. Subsequently, owners or operators must use emissions testing to demonstrate that emissions do not exceed allowable levels, and to establish operating limits. See § 265.140(c) of these regulations. However, initial estimates of emissions for certification of precompliance can be based on estimated or established SREs. The SRE combines the effect of partitioning of the chorine, metals, or PM and the air pollution control system removal efficiency (APCS RE) for these pollutants. The SRE is defined as: SRE=(species input − species emitted)/species input The SRE can be calculated from the partitioning factor (PF) and APCS RE by the following formula: SRE= 1 − [(PF/100) X (1 − APCS RE/100)] where:

1. PF = percentage of the pollutant partitioned to the combustion gas Estimates of the PF and/or the APCS RE can be based on either the Department's default values or engineering judgement. The Department's default values for the APCS RE for metals, HCl, Cl , and PM are described in this section. The Department's default values for partitioning of these pollutants are described in section 9.0.

Guidelines for the use of engineering judgement to estimate APCS REs or PFs are described in section 9.4.

8.1 APCS RE Default Values for Metals

The Department's default assumptions for APCS RE for metals are shown in Table 8.1-1. The default values in the table are conservative estimates of the removal efficiencies for metals in BIFs, depending on the volatility of the metal and the type of APCS.

The volatility of a metal depends on the temperature, the thermal input, the chlorine content of the waste, and the identity and concentration of the metal. Metals that do not vaporize at combustion zone temperatures are classified as “nonvolatile”. Such metals typically enter the APCS in the form of large particles that are removed relatively easily. Metals that vaporize in the combustion zone and condense before entering the APCS are classified as “volatile”. Such metals typically enter the APCS in the form of very fine, submicron particles that are rather inefficiently removed in many APCSs. Metals that vaporize in the combustion zone and do not condense before entering the APCS are classified as “very volatile”. Such metals enter the APCS in the form of a vapor that is very inefficiently removed in many APCSs. Typically, BIFs have combustion zone temperatures high enough to vaporize any hazardous metal at concentrations sufficient to exceed risk-based emission limits. For this reason, the default assumption is that there are no nonvolatile metals. Tables 8.1-2 and 8.1-3 are used to determine whether metals are classified as “volatile” or “very volatile” depending on the temperature entering the APCS, the thermal input, and whether the waste is chlorinated or nonchlorinated. Table 8.1-1.-Air Pollution Control Systems (APCS) and Their Conservatively Estimated Efficiencies for Controlling Toxic Metals (%)

1. APCS Metal Volatility Nonvolatile Volatile Very Volatile WS 40 30 20 VS-20 80 75 20 VS-60 87 75 40 ESP-1 90 75 0 ESP-2 92 80 0 ESP-4 95 80 0 WESP 90 85 40 FF 90 80 0 SD/FF 97 90 0 DS/FF 95 90 0 IWS 90 87 75 WS = Wet Scrubber including:
   1. Sieve Tray Tower, Packed Tower, Bubble Cap Tower VS-20 = Venturi Scrubber, ca. 20- 30 in W.G. #delta# p VS-60 = Venturi Scrubber, ca. >60 in W.G. #delta# p ESP-1 = Electrostatic Precipitator;
      1. 1 stage ESP-2 = Electrostatic Precipitator;
         1. 2 stage ESP-4 = Electrostatic Precipitator;

            4 stage IWS = Ionizing Wet Scrubber DS = Dry Scrubber FF = Fabric Filter (Baghouse)

      SD = Spray Dryer (Wet/Dry Scrubber)

      WESP = Wet Electrostatic Precipitator Table 8.1-2.-Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile in Combustion of Nonchlorinated Wastes Metal 1 Thermal Input (MMBtu/hr)

      Name Symbol 1 10 Arsenic As 320 280 Cadmium Cd 1040 940 Chromium Cr 2000 1760 Beryllium Be 1680 1440 Antimony Sb 680 600 Barium Ba 2240 1820 Lead Pb 1280 1180 Mercury Hg 340 300 Silver Ag 1820 1640 Thallium Tl 900 800 1Interpolation of thermal input is not allowed If a BIF fires between two ranges, the APCS temperature under the higher thermal input must be used. Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at APCS temperatures above 260° F and volatile at APCS temperatures of 260° F and below.

Table 8.1-3. -Temperature (F) Entering APCS Above Which Metals Are Classified as Very Volatile In Combustion of Chlorinated Wastes Metal 1 Thermal Input (MMBtu/hr)

1. Name Symbol 1 10 Arsenic As 320 280 Cadmium Cd 1040 940 Chromium Cr >140 >140 Beryllium Be 1680 1440 Antimony Sb 680 600 Barium Ba 2060 1840 Lead Pb >140 >140 Mercury Hg 340 300 Silver Ag 1080 940 Thallium Tl 900 800 2Interpolation of thermal input is not allowed If a BIF fires between two ranges, the APCS temperature under the higher thermal input must be used. Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at APCS temperatures above 260° F and volatile at APCS temperatures of 260° F and below.

A waste is considered chlorinated if chlorine is present in concentrations greater than 0.1 percent by weight. In the EPA guidance document “Guidance for Metals and Hydrogen Chloride Controls for Hazardous Waste Incinerators, Volume IV of the Hazardous Waste Incineration Guidance Series,”(1) one percent is used for the chlorinated/nonchlorinated cutoff. However, best engineering judgement, based on examination of pilot-scale data reported by Carroll et al. (2) on the effects of waste chlorine content on metals emissions, suggests that the 1 percent cutoff may not be sufficiently conservative. Tables 8.1-2 and 8.1-3 were compiled based on equilibrium calculations. Metals are classified as very volatile at all temperatures above the temperature at which the vapor pressure of the metal is greater than 10 percent of the vapor pressure that results in emissions exceeding the most conservative risk-based emissions limits.

8.2 APCS RE Default Values for HCl and Cl2

Default assumptions for APCS RE for HCl in BIFs are shown in Table 8.2.1. This table is identical to the column for other BIFs except that cement kilns have a minimum HCl removal efficiency of 83 percent. Because of the alkaline nature of the raw materials in cement kilns, most of the chlorine is converted to chloride salts. Thus, the minimum APCS RE for HCl for cement kilns is independent of the APCS train. Removal efficiency of Cl for most types of APCS is generally minimal. Therefore, the default assumption for APCS RE for Cl for all APCSs is 0 percent. This is applicable to all BIFs, including cement kilns.

8.3 APCS RE Default Values for Ash

Default assumptions for APCS RE for PM are also shown in Table 8.1-4. These figures are conservative estimates of PM removal efficiencies for different types of APCSs. They are identical to the figures in the Nonvolatile APCS RE column for hazardous metals presented in Table 8.1-1 because the same collection mechanisms and collection efficiencies that apply to nonvolatile metals also apply to PM. Table 8.2-l.-Air Pollution Control Systems (APCS) and Their Conservatively Estimated Efficiencies for Removing Hydrogen Chloride (HCl) and Particulate Matter (PM) (%) APCD HCl Cement kilns Other BIFs PM WS 97 97 40 VS-20 97 97 80 VS-60 98 98 87 ESP-1 83 0 90 ESP-2 83 0 92 ESP-4 83 0 95 WESP 83 70 90 FF 83 0 90 SD/FF 98 98 97 DS/FF 98 98 95 WS/IWS 99 99 95 IWS 99 99 90 WS = Wet Scrubber including:

1. Sieve Tray Tower, Packed Tower, Bubble Cap Tower PS = Proprietary Wet Scrubber Design (A number of proprietary wet scrubbers have come on the market in recent years that are highly efficient on both particulates and corrosive gases. Two such units are offered by Calvert Environmental Equipment Co. and by Hydro-Sonic Systems, Inc.).
   1. VS-20 = Venturi Scrubber, ca. 20- 30 in W.G. #delta# p VS-60 = Venturi Scrubber, ca. >60 in W.G. #delta# p ESP-1 = Electrostatic Precipitator, 1 stage ESP-2 = Electrostatic Precipitator, 2 stage ESP-4 = Electrostatic Precipitator, 4 stage IWS = Ionizing Wet Scrubber DS = Dry Scrubber FF = Fabric Filter (Baghouse)

      SD = Spray Dryer (Wet/Dry Scrubber)

8.4 References

1. U.S. Environmental Protection Agency. “Guidance on Metals and Hydrogen Chloride Controls for Hazardous Waste Incinerators,” Office of Solid Waste, Washington, DC, August 1989.

2. Carroll, G.J., R.C. Thumau, R.E. Maurnighan, L.R. Waterland, J.W. Lee, and D.J. Foumier. The Partitioning of Metals in Rotary Kiln Incineration. Proceedings of the Third International Conference on New Frontiers for Hazardous Waste Management NTIS Document No. EPA/600/9-89/072, p. 555 (1989).

Section 9.0 - Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine Pollutant partitioning factor estimates can come from two sources: default assumptions or engineering judgement. The Department's default assumptions are discussed below for metals, HCl, Cl, and PM. The default assumptions are used to conservatively predict the partitioning factor for several types of BIFs. Engineering judgement-based partitioning factor estimates are discussed in section 9.4.

9.1 Partitioning Default Value for Metals

To be conservative, the Department is assuming that 100 percent of each metal in each feed stream is partitioned to the combustion gas. Owners/operators may use this default value or a supportable, site- specific value developed following the general guidelines provided in section 9.4.

9.2 Special Procedures for Chlorine, HCl, and Cl2

The Department has established the special procedures presented below for chlorine because the emission limits are based on the pollutants HCl and Cl formed from chlorine fed to the combustor. Therefore, the owner/operator must estimate the controlled emission rate of both HCl and Cl and show that they do not exceed allowable levels.

1. 1. The default partitioning value for the fraction of chlorine in the total feed streams that is partitioned to combustion gas is 100 percent Owners/operators may use this default value or a supportable, site-specific value developed following the general guidelines provided in section 9.4.
   1. 2. To determine the partitioning of chlorine in the combustion gas to HCl versus Cl either use the default values below or use supportable site-specific values developed following the general guidelines provided in section 9.4.
      1. ● For BIFs excluding halogen acid furnaces (HAFs), with a total feed stream chlorine/hydrogen ratio ≤0.95, the default partitioning factor is 20 percent Cl 80 percent HCl.
         1. ● For HAFs and for BIFs with a total feed stream chlorine/hydrogen ratio >0.95, the default partitioning factor is 100 percent Cl .
         2. 3. To determine the uncontrolled (i.e., prior to acid gas APCS) emission rate of HCl and Cl2, multiply the feed rate of chlorine times the partitioning factor for each pollutant. Then, for HCl, convert die chlorine emission rate to HCl by multiplying it by the ratio of the molecular weight of HCl to the molecular weight of Cl (i.e., 36.5/35.5). No conversion is needed for Cl .

9.3 Special Procedures for Ash

This section: (1) Explains why ash feed rate limits are not applicable to cement and light-weight aggregate kilns; (2) presents the default partitioning values for ash; and (3) explains how to convert the 0.08 gr/dscf, corrected to 7% O2, PM emission limit to a PM emission rate. Waiver for Cement and Light-Weight Aggregate Kilns. For cement kilns and light-weight aggregate kilns, raw material feed streams contain the vast majority of the ash input, and a significant amount of the ash in the feed stream is entrained into the kiln exhaust gas. For these devices, the ash content of the hazardous waste stream is expected to have a negligible effect on total ash emissions. For this reason, there is no ash feed rate compliance limit for cement kilns or light-weight aggregate kilos. Nonetheless, cement kilos and light-weight aggregate kilns are required to initially certify that PM emissions are not likely to exceed the PM limit, and subsequently, certify through compliance testing that the PM limit is not exceeded.

Default Partitioning Value for Ash. The default assumption for partitioning of ash depends on the feed stream firing system. There are two methods by which materials may be fired into BIFs: Suspension-firing and bed-firing.

The suspension category includes atomized and lanced pumpable liquids and suspension-fired pulverized solids. The default partitioning assumption for materials fired by these systems is that 100 percent of the ash partitions to the combustion gas.

The bed-fired category consists principally of stoker boilers and raw materials (and in some cases containerized hazardous waste) fed into cement and light-weight aggregate kilns. The default partitioning assumption for materials fired on a bed is that 5 percent of the ash partitions to the combustion gas. Converting the PM Concentration-Based Standard to a PM Mass Emission Rate. The emission limit for BIFs is 0.08 gr/dscf, corrected to 7% 0 , unless a more stringent standard applies [e.g., a New Source Performance Standard (NSPS) or a State standard implemented under the State Implementation Plan (SIP)]. To convert the 0.08 gr/dscf standard to a PM mass emission rate:

1. 1. Determine the flue gas 0 concentration (percent by volume, dry) and flue gas flow rate (dry standard cubic feet per minute); and 2. Calculate the allowable PM mass emission rate by multiplying the concentration-based PM emission standard times the flue gas flow rate times a dilution correction factor equal to [(21-02 concentration from step 1)/(21-7)].

9.4 Use of Engineering Judgement To Estimate Partitioning and APCS RE Values

Engineering judgement may be used in place of the Department's conservative default assumptions to estimate partitioning and APCS RE values provided that the engineering judgement is defensible and properly documented. To properly document engineering judgement, the owner/operator must keep a written record of all assumptions and calculations necessary to justify the APCS RE used. The owner/operator must provide this record to the Director upon request and must be prepared to defend the assumptions and calculations used.

If the engineering judgement is based on emissions testing, the testing will often document the emission rate of a pollutant relative to the feed rate of that pollutant rather than the partitioning factor or APCS RE. Examples of situations where the use of engineering judgement may be supportable to estimate a partitioning factor, APCS RE, or SRE include:

1. ● Using emissions testing data from the facility to support an SRE, even though the testing may not meet full QA/QC procedures (e.g., triplicate test runs). The closer the test results conform with full QA/QC procedures and the closer the operating conditions during the test conform with the established operating conditions for the facility, the more supportable the engineering judgement will be.
   1. ● Applying emissions testing data documenting an SRE for one metal, including nonhazardous surrogate metals to another less volatile metal.
      1. ● Applying emissions testing data documenting an SRE from one facility to a similar facility. ● Using APCS vendor guarantees of removal efficiency.

9.5 Restrictions on Use of Test Data

The measurement of an SRE or an APCS RE may be limited by the detection limits of the measurement technique. If the emission of a pollutant is undetectable, then the calculation of SRE or APCS RE should be based on the lower limit of detectability. An SRE or APCS RE of 100 percent is not acceptable. Further, mass balance data of facility inputs, emissions, and products/residues may not be used to support a partitioning factor, given the inherent uncertainties of such procedures. Partitioning factors other than the default values may be supported based on engineering judgement, considering, for example, process chemistry. Emissions test data may be used to support an engineering judgement-based SRE, which includes both partitioning and APCS RE.

9.5 References

1. Barton, R.G., W.D. Clark, and W.R. Seeker. (1990) “Fate of Metals in Waste Combustion Systems”. Combustion Science and Technology. 74, 1-6, p. 327 Section 10.0 Alternative Methodology for Implementing Metals Controls

10.1 Applicability

This method for controlling metals emissions applies to cement kilns and other industrial furnaces operating under interim status that recycle emission control residue back into the furnace.

10.2 Introduction

Under this method, cement kilns and other industrial furnaces that recycle emission control residue back into the furnace must comply with a kiln dust concentration limit (i.e., a collected particulate matter (PM) limit) for each metal, as well as limits on the maximum feedrates of each of the metals in: (1) pumpable hazardous waste; and (2) all hazardous waste.

The following subsections describe how this method for controlling metals emissions is to be implemented:

1. ● Subsection 10.3 discusses the basis of the method and the assumptions upon which it is founded;
   1. ● Subsection 10.4 provides an overview of the implementation of the method; ● Subsection 10.5 is a step-by-step procedure for implementation of the method; ● Subsection 10.6 describes the compliance procedures for this method; and ● Appendix A describes the statistical calculations and tests to be used in the method.

10.3 Basis

The viability of this method depends on three fundamental assumptions:

1. (1) Variations in the ratio of the metal concentration in the emitted particulate to the metal concentration in the collected kiln dust (referred to as the enrichment factor or EF) for any given metal at any given facility will fall within a normal distribution that can be experimentally determined.
   1. (2) The metal concentrations in the collected kiln dust can be accurately and representatively measured (using procedures specified in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” (SW-846), incorporated by reference in § 260.11 of these regulations).
      1. (3) The facility will remain in compliance with the applicable particulate matter (PM) emission standard.

Given these assumptions, metal emissions can be related to the measured concentrations in the collected kiln dust by the following equation:

ME(1b Emitted Metal/hr) = PME(1b PM/hr)DMC(1b Dust Metal/1b Dust)EF((1b Emitted Metal/1b PM)/(1b Dust Metal/1b Dust) (1)

Where:

ME is the metal emitted;

PME is the particulate matter emitted;

DMC is the metal concentration in the collected kiln dust; and EF is the enrichment factor, which is the ratio of the metal concentration in the emitted particulate matter to the metal concentration in the collected kiln dust This equation can be rearranged to calculate a maximum allowable dust metal concentration limit (DMCL) by assuming worst-case conditions that: metal emissions are at the Tier III (or Tier II) limit (see § 264.344 of these regulations), and that particulate emissions are at the particulate matter limit (PML): (2)

The enrichment factor used in the above equation must be determined experimentally from a minimum of 10 tests in which metal concentrations are measured in kiln dust and stack samples taken simultaneously. This approach provides a range of enrichment factors that can be inserted into a statistical distribution (t- distribution) to determine EF and EF . EF is the value at which there if a 95% confidence level that 95● 99● 95● the enrichment factor is below this value at any given time. Similarly, EF is the value at which there is a 99● 99% confidence level that the enrichment factor is below this value at any given time. EF is used to 95● calculate the “violation” dust metal concentration limit (DMCL ): v (3)

If the kiln dust metal concentration is just above this “violation” limit, and the PM emissions are at the PM emissions limit, there is a 5% chance that the metal emissions are above the Tier III limit In such a case, the facility would be in violation of the metals standard. To provide a margin of safety, a second, more conservative kiln dust metal concentration limit is also used. This “conservative” dust metal concentration limit (DMCL ) is calculated using a “safe” enrichment c factor (SEF). If EF is greater than two times the value of EF , the “safe” enrichment factor can be 99● 95● calculated using Equation 4a:

1. SEF ≥ EF (4a)Q02 95● If EF is not greater than two times the value of EF , the “safe” enrichment factor can be calculated 99● 95● using Equation 4b:
   1. SEF ≥ EF (4b)
      1. 99● In cases where the enrichment factor cannot be determined because the kiln dust metal concentration is nondetectable, the “safe” enrichment factor is as follows: SEF = 100 (4c)

For all cases, the “conservative” dust metal concentration limit is calculated using the following equation: (5)

If the kiln dust metal concentration at a facility is just above the “conservative” limit based on that “safe” enrichment factor provided in Equation 4a, and the PM emissions are at the PM emissions limit, there is a 5% chance that the metal emissions are above one-half the Tier III limit. If the kiln dust metal concentration at the facility is just above the “conservative” limit based on the “safe” enrichment factor provided in Equation 4b, and the PM emissions are at the PM emissions limit, there is a 1% chance that the metal emissions are above the Tier III limit. In either case, the facility would be unacceptably close to a violation. If this situation occurs more than 5% of the time, the facility would be required to rerun the series of 10 tests to determine the enrichment factor. To avoid this expense, the facility would be advised to reduce its metals feedrates or to take other appropriate measures to maintain its kiln dust metal concentrations in compliance with the “conservative” dust metal concentration limits. In cases where the enrichment factor cannot be determined because the kiln dust metal concentration is nondetectable, and thus no EF exists, the “violation” dust metal concentration limit is set at ten times the 95< “conservative” limit:

1. DMCL = 10 x DMCL (6)
   1. v c

10.4 Overview

The flowchart for implementing the method is shown in Figure 10.4-1. The general procedure is as follows:

1. ● Follow the certification of precompliance procedures described in subsection 10.6 (to comply with § 265.140(b) of these regulations).
   1. ● For each metal of concern, perform a series of tests to establish the relationship (enrichment factor) between the concentration of emitted metal and the metal concentration in the collected kiln dust.
      1. ● Use the demonstrated enrichment factor, in combination with the Tier III (or Tier II) metal emission limit and the most stringent applicable particulate emission limit, to calculate the “violation” and “conservative” dust metal concentration limits. Include this information with the certification of compliance under § 265.140(c) of these regulations. ● Perform daily and/or weekly monitoring of the cement kiln dust metal concentration to ensure (with appropriate QA/QQ that the metal concentration does not exceed either limit. – If the cement kiln dust metal concentration exceeds the “conservative” limit more than 5% of the time (i.e., more than three failures in last 60 tests), the series of tests to determine the enrichment factor must be repeated.
         1. – If the cement kiln dust metal concentration exceeds the “violation” limit, a violation has occurred.

            ● Perform quarterly tests to verify that the enrichment factor has not increased significantly. If the enrichment factor has increased, tile series of tests to determine the enrichment factor must be repeated.

10.5 Implementation Procedures

A step-by-step description for implementing the method is provided below:

1. (1) Prepare initial limits and test plans.
   1. ● Determine the Tier III metal emission limit. The Tier II metal emission limit may also be used (see § 264.344 of these regulations).
      1. ● Determine the applicable PM emission standard. This standard is the most stringent participate emission standard that applies to the facility. A facility may elect to restrict itself to an even more stringent self-imposed PM emission standard, particularly if the facility finds that it is easier to control particulate emissions than to reduce the kiln dust concentration of a certain metal (i.e., lead). ● Determine which metals need to be monitored (i.e., all hazardous metals for which Tier III emission limits are lower than PM emission limits - assuming PM is pure metal).
         1. ● Follow the compliance procedures described in Subsection 10.6. ● Follow the guidelines described in SW-846 for preparing test plans and waste analysis plans for the following tests:

            – Compliance tests to determine limits on metal feedrates in pumpable hazardous wastes and in all hazardous wastes (as well as to determine other compliance parameters);

            – Initial tests to determine enrichment factors;

            – Quarterly tests to verify enrichment factors;

            – Analysis of hazardous waste feedstreams; and – Daily and/or weekly monitoring of kiln dust for continuing compliance.

         2. (2) Conduct tests to determine the enrichment factor.

            ● These tests must be conducted within a 14-day period. No more than two tests may be conducted in any single day. If the tests are not completed within a 14-day period, they must be repeated.

            ● Simultaneous stack samples and kiln dust samples must be taken. – Stack sampling must be conducted with the multiple metals train according to procedures provided in section 103 of this Methods Manual. – Kiln dust sampling must be conducted as follows:

            – Follow the sampling and analytical procedures described in SW-846 and the waste analysis plan as they pertain to the condition and accessibility of the dust.

            – Samples should be representative of the last ESP or Fabric Filter in the APCS series.

            ● The feedrates of hazardous metals in all pumpable hazardous waste streams and in all hazardous waste streams must be monitored during these tests. It is recommended (but not required) that the feedrates of hazardous metals in all feedstreams also be monitored.

            ● At least ten single (noncomposited) runs are required during the tests. – The facility must follow a normal schedule of kiln dust recharging for all of the tests.

            – Three of the first five tests must be compliance tests in conformance with § 265.140(c) of these regulations; i.e., they must be used to determine maximum allowable feedrates of metals in pumpable hazardous wastes, and in all hazardous wastes, as well as to determine other compliance limits (see § 265.140(c)(1) of these regulations).

            – The remainder of the tests need not be conducted under full compliance test conditions; however, the facility must operate at its compliance test production rate, and it must burn hazardous waste during these tests such that the feedrate of each metal for pumpable and total hazardous wastes is at least 25% of the feedrate during compliance testing. If these criteria, and those discussed below, are not met for any parameter during a test, then either the test is not valid for determining enrichment factors under this method, or the compliance limits for that parameter must be established based on these test conditions rather than on the compliance test conditions.

            ● Verify that compliance emission limits are not exceeded. – Metal emissions must not exceed Tier III (or Tier II) limits. – PM emissions must not exceed the most stringent of applicable PM standards (or an optional self-imposed particulate standard).

            ● The facility must generate normal, marketable product using normal raw materials and fuels under normal operating conditions (for parameters other than those specified under this method) when these tests are conducted. ● Chromium must be treated as a special case:

            – The enrichment factor for total chromium is calculated in the same way as the enrichment factor for other metals (i.e., the enrichment factor is the ratio of the concentration of total chromium in the emitted participate matter to the concentration of total chromium in the collected kiln dust). – The enrichment factor for hexavalent chromium (if measured) is defined as the ratio of the concentration of hexavalent chromium in the emitted particulate matter to the concentration of total chromium in the collected kiln dust.

         3. (3) Use the enrichment factors measured in Step 2 to determine EF , EF , and SEF. 95< 99< ● Calculate EF and EF according to the t-distribution as described in Appendix A 95< 99< ● Calculate SEF by – Equation 4a if EF is determinable and if EF is greater than two times 95< 99< EF , 95< – Equation 4b if EF is determinable and if EF is not greater than two times 95< 99< EF .

            95< – Equation 4c if EF is not determinable.

            95< The facility may choose to set an even more conservative SEF to give itself a larger margin of safety between the point where corrective action is necessary and the point where a violation occurs.

         4. (4) Prepare certification of compliance.

            ● Calculate the “conservative” dust metal concentration limit (PMCL ) using Equation 5. c – Chromium is treated as a special case. The “conservative” kiln dust chromium concentration limit is set for total chromium, not for hexavalent chromium. The limit for total chromium must be calculated using the Tier III (or Tier II) metal limit for hexavalent chromium.

            – If the stack samples described in Step 2 were analyzed for hexavalent chromium, the SEF based on the hexavalent chromium enrichment factors (as defined in Step 2) must be used in this calculation. – If the stack samples were not analyzed for hexavalent chromium, then the SEF based on the total chromium enrichment factor must be used in this calculation.

            ● Calculate the “violation” dust metal concentration limit (DMCL ) using Equation 3 if v EF is determinable, or using Equation 6 if EF not determinable. 95< 95< – Chromium is treated as a special case. The “violation” kiln dust chromium concentration limit is set for total chromium, not for hexavalent chromium. The limit for total chromium must be calculated using the Tier III (or Tier II) metal limit for hexavalent chromium.

            – If the stack samples taken in Step 2 were analyzed for hexavalent chromium, the EF based on the hexavalent chromium enrichment factor (as 95< defined in Step 2) should be used in this calculation.

            – If the stack samples were not analyzed for hexavalent chromium, the EF 95< based on the total chromium enrichment factor must be used in this calculation.

            ● Submit certification of compliance.

            ● Steps 2-4 must be repeated for recertification, which is required once every 3 years (see § 265.140(d) of these regulations).

         5. (5) Monitor metal concentrations in kiln dust for continuing compliance, and maintain compliance with all compliance limits for the duration of interim status. ● Metals to be monitored during compliance testing are classified as either “critical” or “noncritical” metals.

            – All metals must initially be classified as “critical” metals and be monitored on a daily basis.

            – A “critical” metal may be reclassified as a “noncritical” metal if its concentration in the kiln dust remains below 10% of its “conservative” kiln dust metal concentration limit for 30 consecutive daily samples. “Noncritical” metals must be monitored on a weekly basis.

            – A “noncritical” metal must be reclassified as a “critical” metal if its concentration in the kiln dust is above 10% of its “conservative” kiln dust metal concentration limit for any single daily or weekly sample. ● Noncompliance with the sampling and analysis schedule prescribed by this method is a violation of the metals controls under § 265.140 of these regulations. ● Follow the sampling, compositing, and analytical procedures described in this method and in SW-846 as they pertain to the condition and accessibility of the kiln dust. ● Follow the same procedures and sample at the same locations as were used for kiln dust samples collected to determine the enrichment factors (as discussed in Step 2).

            ● Samples must be collected at least once every 8 hours, and a daily composite must be prepared according to SW-846 procedures.

            – At least one composite sample is required. This sample is referred to as the “required” sample.

            – For QA/QC purposes, a facility may elect to collect two or more additional samples. These samples are referred to as the “spare” samples. These additional samples must be collected over the same time period and according to the same procedures as those used for the “required” sample.

            – Samples for “critical” metals must be daily composites. – Samples for “noncritical” metals must be weekly composites. These samples can be composites of the original 8-hour samples, or they can be composites of daily composite samples.

            ● Analyze the “required” sample to determine the concentration of each metal. – This analysis must be completed within 48 hours of the close of the sampling period. Failure to meet this schedule is a violation of the metals standards of § 265.140 of these regulations.

            ● If the “conservative” kiln dust metal concentration limit is exceeded for any metal, refer to Step 8.

            ● If the “conservative” kiln dust metal concentration limit is not exceeded, continue with the daily or weekly monitoring (Step 5) for the duration of interim status. ● Conduct quarterly enrichment factor verification tests, as described in Step 6.

         6. (6) Conduct quarterly enrichment factor verification tests. ● After certification of compliance with the metals standards, a facility must conduct quarterly enrichment factor verification tests every three months for the duration of interim status. The first quarterly test must be completed within three months of certification (or recertification). Each subsequent quarterly test must be completed within three months of the preceding quarterly test failure to meet this schedule is a violation.

            ● Simultaneous stack samples and kiln dust samples must be collected. ● Follow the same procedures and sample at the same locations as were used for kiln dust samples and stack samples collected to determine the enrichment factors (as discussed in Step 2).

            ● At least three single (noncomposited) runs are required. These tests need not be conducted under the operating conditions of the initial compliance test; however, the facility must operate under the following conditions: – It must operate at compliance test production rate.

            – It must burn hazardous waste during the test, and for the 2-day period immediately preceding the test, such that the feedrate of each metal for pumpable and total hazardous wastes consist of at least 25% of the operating limits established during the compliance test. – It must remain in compliance with all compliance parameters (see § 265.140(c) (1) of these regulations).

            – It must follow a normal schedule of kiln dust recharging. – It must generate normal marketable product from normal raw materials during the tests.

         7. (7) Conduct a statistical test to determine if the enrichment factors measured in the quarterly verification tests have increased significantly from the enrichment factors determined in the tests conducted in Step 2. The enrichment factors have increased significantly if all three of the following criteria are met:

            ● By applying the t-test described in appendix A, it is determined that the enrichment factors measured in the quarterly tests are not taken from the same population as the enrichment factors measured in the Step 2 tests; ● The EF calculated for the combined data sets (i.e., the quarterly test data and the 95= original Step 2 test data) according to the t-distribution (described in appendix A) is more than 10% higher than the EF95= based on the enrichment factors previously measured in Step 2; and ● The highest measured kiln dust metal concentration recorded in the previous quarter is more than 10% of the “violation” kiln dust concentration limit that would be calculated from the combined EF .

            95% If the enrichment factors have increased significantly, the tests to determine the enrichment factors must be repeated (refer to Step 11). If the enrichment factors have not increased significantly, continue to use the kiln dust metal concentration limits based on the enrichment factors previously measured in Step 2, and continue with the daily and/or weekly monitoring described in Step 5.

         8. (8) If the “conservative” kiln dust metal concentration limit was exceeded for any metal in any single analysis of the “required” kiln dust sample, the “spare” samples corresponding to the same period may be analyzed to determine if the exceedance was due to a sampling or analysis error.

            ● If no “spare” samples were taken, refer to Step 9.

            ● If the average of all the samples for a given day (or week, as applicable) (including the “required” sample and the “spare” samples) does not exceed the “conservative” kiln dust metal concentration limit, no corrective measures are necessary; continue with the daily and/or weekly monitoring as described in Step 5. ● If the average of all the samples for a given day (or week, as applicable) exceeds the “conservative” kiln dust metal concentration limit, but the average of the “spare” samples is below the “conservative” kiln dust metal concentration limit, apply the Q-test, described in appendix A, to determine whether the “required” sample concentration can be judged as an outlier.

            – If the “required” sample concentration is judged an outlier, no corrective measures are necessary; continue with the daily and/or weekly monitoring described in Step 5.

            – If the “required” sample concentration is not judged an outlier, refer to Step 9.

         9. (9) Determine if the “violation” kiln dust metal concentration has been exceeded based on either the average of all the samples collected during the 24-hour period in question, or if discarding an outlier can be statistically justified by the Q-test described in appendix A, on the average of the remaining samples.

            ● If the “violation” kiln dust metal concentration limit has been exceeded, a violation of the metals controls under § 265.140(c) of these regulations has occurred. Notify the Director that a violation has occurred. Hazardous waste may be burned for testing purposes for up to 720 operating hours to support a revised certification of compliance. Note that the Director may grant an extension of the hours of hazardous waste burning under § 265.140(c)(7) of these regulations if additional burning time is needed to support a revised certification for reasons beyond the control of the owner or operator. Until a revised certification of compliance is submitted to the Director, the feedrate of the metals in violation in total and pumpable hazardous waste feeds is limited to 50% of the previous compliance test limits.

            ● If the “violation” kiln dust metal concentration has not been exceeded: – If the exceedance occurred in a daily composite sample, refer to Step 10. – If the exceedance occurred in a weekly composite sample, refer to Step 11.

         10. (10) Determine if the “conservative” kiln dust metal concentration limit has been exceeded more than three times in the last 60 days.

             ● If not, log this exceedance and continue with the daily and/or weekly monitoring (Step 5).

             ● If so, the tests to determine the enrichment factors must be repeated (refer to Step 11). ● This determination is made separately for each metal. For example, – Three exceedances for each of the ten hazardous metals are allowed within any 60-day period.

             – Four exceedances of any single metal in any 60-day period is not allowed. ● This determination should be made daily, beginning on the first day of daily monitoring. For example, if four exceedances of any single metal occur in the first four days of daily monitoring, do not wait until the end of the 60-day period; refer immediately to Step 11.

         11. (11) The tests to determine the enrichment factor must be repeated if: (1) More than three exceedances of the “conservative” kiln dust metal concentration limit occur within any 60 consecutive daily samples; (2) an excursion of the “conservative” kiln dust metal concentration limit occurs in any weekly sample; or (3) a quarterly test indicates that the enrichment factors have increased significantly.

             ● The facility must notify the Director if these tests must be repeated. ● The facility has up to 720 hazardous-waste-burning hours to redetermine the enrichment factors for the metal or metals in question and to recertify (beginning with a return to Step 2). During this period, the facility must reduce the feed rate of the metal in violation by 50%. If the facility has not completed the recertification process within this period, it must stop burning or obtain an extension. Hazardous waste burning may resume only when the recertification process (ending with Step 4) has been completed.

             ● Meanwhile, the facility must continue with daily kiln dust metals monitoring ( Step 5) and must remain in compliance with the “violation” kiln dust metal concentration limits ( Step 9).

10.6 Precompliance Procedures

Cement kilns and other industrial furnaces that recycle emission control residue back into the furnace must comply with the same certification schedules and procedures (with the few exceptions described below) that apply to other boilers and industrial furnaces. These schedules and procedures, as set forth in § 265.140 of these regulations, require no later than the effective date of the rule, each facility submit a certification which establishes precompliance limits for a number of compliance parameters (see § 265.140(b)(3) of these regulations), and that each facility immediately begin to operate under these limits. These precompliance limits must ensure that interim status emissions limits for hazardous metals, participate matter, HCl, and Cl are not likely to be exceeded. Determination of the values of the precompliance limits must be made based on either (1) conservative default assumptions provided in this Methods Manual, or (2) engineering judgement.

The flowchart for implementing the precompliance procedures is shown in Figure 10.6-1. The step-by- step precompliance implementation procedure is described below. The precompliance implementation procedures and numbering scheme are similar to those used for the compliance procedures described in Subsection 10.5.

1. (1)Prepare initial limits and test plans.
   1. ● Determine the Tier III metal emission limit. The Tier II metal emission limit may also be used (see § 264.344 of these regulations).
      1. ● Determine the applicable PM emission standard. This standard is the most stringent particulate emission standard that applies to the facility. A faculty may elect to restrict itself to an even more stringent self-imposed PM emission standard, particularly if the facility finds that it is easier to control particulate emissions than to reduce the kiln dust concentration of a certain metal (ie., lead). ● Determine which metals need to be monitored (i.e., all hazardous metals for which Tier III emission limits are lower than PM emission Units, assuming PM is pure metal).
         1. ● Follow the procedures described in SW-846 for preparing waste analysis plans for the following tasks:

            – Analysis of hazardous waste feedstreams.

            – Daily and/or weekly monitoring of kiln dust concentrations for continuing compliance.

         2. (2) Determine the “safe” enrichment factor for precompliance. In this context, the “safe” enrichment factor is a conservatively high estimate of the enrichment factor (the ratio of the emitted metal concentration to the metal concentration in the collected kiln dust). The “safe” enrichment factor must be calculated from either conservative default values, or engineering judgement.

            ● Conservative default values for the “safe” enrichment factor are as follows: – SEF = 10 for all hazardous metals except mercury. SEF=10 for antimony, arsenic, barium, beryllium, cadmium, chromium, lead, silver, and thallium.

            – SEF = 100 for mercury.

            ● Engineering judgement may be used in place of conservative default assumptions provided that the engineering judgement is defensible and properly documented. The facility must keep a written record of all assumptions and calculations necessary to justify the SEF. The facility must provide this record to the Department upon request and must be prepared to defend these assumptions and calculations.

            Examples of situations where the use of engineering judgement is appropriate include:

            – Use of data from precompliance tests;

            – Use of data from previous compliance tests; and – Use of data from similar facilities.

         3. (3) This step does not apply to precompliance procedures.
         4. (4) Prepare certification of precompliance.

            ● Calculate the “conservative” dust metal concentration limit (DMCL ) using Equation 5. c ● Submit certification of precompliance. This certification must include precompliance limits for all compliance parameters that apply to other boilers and industrial furnaces (i.e., those that do not recycle emission control residue back into the furnace) as listed in § 265.140(b)(3) of these regulations, except that it is not necessary to set precompliance limits on maximum feedrate of each hazardous metal in all combined feedstreams.

            ● Furnaces that recycle collected PM back into the furnace (and that elect to comply with this method (see § 265.140(c)(3)(ii) of these regulations) are subject to a special precompliance parameter, however. They must establish precompliance limits on the maximum concentration of each hazardous metal in collected kiln dust (which must be set according to the procedures described above).

         5. (5) Monitor metal concentration in kiln dust for continuing compliance, and maintain compliance with all precompliance limits until certification of compliance has been submitted. ● Metals to be monitored during precompliance testing are classified as either “critical” or “noncritical” metals.

            – All metals must initially be classified as “critical” metals and be monitored on a daily basis.

            – A “critical” metal may be reclassified as a “noncritical” metal if its concentration in the kiln dust remains below 10% of its “conservative” kiln dust metal concentration limit for 30 consecutive daily samples. “Noncritical” metals must be monitored on a weekly basis, at a minimum.

            – A “noncritical” metal must be reclassified as a “critical” metal if its concentration in the kiln dust is above 10% of its “conservative” kiln dust metal concentration limit for any single daily or weekly sample. ● It is a violation if the facility fails to analyze the kiln dust for any “critical” metal on any single day or for any “noncritical” metal during any single week, when hazardous waste is burned.

            ● Follow the sampling, compositing, and analytical procedures described in this method and in SW-846 as they pertain to the condition and accessibility of the kiln dust. ● Samples must be collected at least once every 8 hours, and a daily composite prepared according to SW-846 procedures.

            – At least one composite sample is required. This sample is referred to as the “required” sample.

            – For QA/QC purposes, a facility may elect to collect two or more additional samples. These samples are referred to as the “spare” samples. These additional samples must be collected over the same time period and according to the same procedures as those used for the “required” sample.

            – Samples for “critical” metals must be daily composites. – Samples for “noncritical” metals must be weekly composites, at a minimum. These samples can be composites of the original 8-hour samples, or they can be composites of daily composite samples.

            ● Analyze the “required” sample to determine the concentration of each metal. –-This analysis must be completed within 48 hours of the close of the sampling period. Failure to meet this schedule is a violation.

            ● If the “conservative” kiln dust metal concentration limit is exceeded for any metal, refer to Step 8.

            ● If the “conservative” kiln dust metal concentration limit is not exceeded, continue with the daily and/or weekly monitoring (Step 5) for the duration of interim status.

         6. (6) This step does not apply to precompliance procedures.
         7. (7) This step does not apply to precompliance procedures.
         8. (8) If the “conservative” kiln dust metal concentration limit was exceeded for any metal in any single analysis of the “required” kiln dust sample, the “spare” samples corresponding to the same period may be analyzed to determine if the exceedance is due to a sampling or analysis error.

            ● If no “spare” samples were taken, refer to Step 9.

            ● If the average of all the samples for a given day (or week, as applicable) (including the “required” sample and the “spare” samples) does not exceed the “conservative” kiln dust metal concentration limit, no corrective measures are necessary, continue with the daily and/or weekly monitoring as described in Step 5. ● If the average of all the samples for a given day (or week, as applicable) exceeds the “conservative” kiln dust metal concentration limit, but the average of the “spare” samples is below the “conservative” kiln dust metal concentration limit, apply the Q-test, described in appendix A, to determine whether the “required” sample concentration can be judged as an outlier.

            – If the “required” sample concentration is judged an outlier, no corrective measures are necessary; continue with the daily and/or weekly monitoring described in Step 5.

            – If the “required” sample concentration is not judged an outlier, refer to Step 10.

         9. (9) This step does not apply to precompliance procedures.
         10. (10) Determine if the “conservative” kiln dust metal concentration limit has been exceeded more than three times in the last 60 days.

             ● If not, log this exceedance and continue with the daily and/or weekly monitoring ( Step 5).

             ● If so, the tests to determine the enrichment factors must be repeated (refer to Step 11). ● This determination is made separately for each metal; for example: – Three exceedances for each of the ten hazardous metals are allowed within any 60-day period.

             – Four exceedances of any single metal in any 60-day period is not allowed. ● This determination should be made daily, beginning on the first day of daily monitoring. For example, if four exceedances of any single metal occur in the first four days of daily monitoring, do not wait until the end of the 60-day period; refer immediately to Step 11.

         11. (11) A revised certification of precompliance must be submitted to the Director (or certification of compliance must be submitted) if: (1) More than three exceedances of the “conservative” kiln dust metal concentration limit occur within any 60 consecutive daily samples; or (2) an exceedance of the “conservative” kiln dust metal concentration limit occurs in any weekly sample.

             ● The facility must notify the Director if a revised certification of precompliance must be submitted.

             ● The facility has up to 720 waste-burning hours to submit a certification of compliance or a revised certification of precompliance. During this period, the feed rate of the metal in violation must be reduced by 50%. In the case of a revised certification of precompliance, engineering judgement must be used to ensure that the “conservative” kiln dust metal concentration will not be exceeded. Examples of how this goal might be accomplished include:

             – Changing equipment or operating procedures to reduce the kiln dust metal concentration;

             – Changing equipment or operating procedures, or using more detailed engineering judgement, to decrease the estimated SEF and thus increase the “conservative” kiln dust metal concentration limit; – Increasing the “conservative” kiln dust metal concentration limit by imposing a stricter PM emissions standard; or – Increasing the “conservative” kiln dust metal concentration limit by performing a more detailed risk assessment to increase the metal emission limits. ● Meanwhile, the facility must continue with daily kiln dust metals monitoring ( Step 5).

384.80 [RESERVED]

PAGE 384.80 IS RESERVED Appendix A to Appendix IX to § 264.348 - Statistics A.1 Determination of Enrichment Factor After at least 10 initial emissions tests are performed, an enrichment factor for each metal must be determined. At the 95% confidence level, the enrichment factor, EF s, is based on the test results and is 95< statistically determined so there is only a 5% chance that the enrichment factor at any given time will be larger than EF . Similarly, at the 99% confidence level, the enrichment factor, EF , is statistically 95< 99< determined so there is only a 1% chance that the enrichment factor at any given time will be larger than EF .

1. 99< For a large number of samples (n > 30), EF is based on a normal distribution, and is equal to: 95< EF95<= EF + zcσ (1)
   1. where:

For a 95% confidence level, z is equal to 1.645.

1. c For a small number of samples (n<30), EF is based on the t-distribution and is equal to: 95< EF95<= EF+tc S (4)

where the standard deviation, S, is defined as:

t is a function of the number of samples and the confidence level that is desired. It increases in value as c the sample size decreases and the confidence level increases. The 95% confidence level is used in this method to calculate the “violation” kiln dust metal concentration limit; and the 99% confidence level is sometimes used to calculate the “conservative” kiln dust metal concentration limit. Values of t are shown c in table A-1 for various degrees of freedom (degrees of freedom= sample size-1) at the 95% and 99% confidence levels. As the sample size approaches infinity, the normal distribution is approached. Table A-1.-T-Distribution n-1 or n1 + n2 − 2 t.95 t.99 1 6.31 31.82 2 2.92 6.96 3 2.35 4.54 4 2.13 3.75 5 2.02 3.36 6 1.94 3.14 7 1.90 3.00 8 1.86 2.90 9 1.83 2.82 10 1.81 2.76 11 1.80 2.72 12 1.78 2.68 13 1.77 2.65 14 1.76 2.62 15 1.75 2.60 16 1.75 2.58 17 1.74 2.57 18 1.73 2.55 19 1.73 2.54 20 1.72 2.53 25 1.71 2.48 30 1.70 2.46 40 1.68 2.42 60 1.67 2.39 120 1.66 2.36 oo 1.645 2.33 A.2 Comparison of Enrichment Factor Groups To determine if the enrichment factors measured in the quarterly tests are significantly different from the enrichment factors determined in the initial Step 2 tests, the t-test is used. In this test, the value t is meas≤ compared to t at the desired confidence level. The 95% confidence level is used in this method. Values crit of t are shown in table A-1 for various degrees of freedom (degrees of freedom n +n −2) at the 95% and crit 1 2 99% confidence levels. If t is greater then t it can be concluded with 95% confidence that the two meas crit groups are not from the same population.

A.3 Rejection of Data If the concentration of any hazardous metal in the “required” kiln dust sample exceeds the kiln dust metal concentration limit, the “spare” samples are analyzed. If the average of the combined “required” and “spare” values is still above the limit, a statistical test is used to decide if the upper value can be rejected. The “Q-test” is used to determine if a data point can be rejected. The difference between the questionable result and its neighbor is divided by the spread of the entire data set The resulting ratio, Q , is then meas compared with rejection values that are critical for a particular degree of confidence, where Q is: meas meas σ = DMChighest − DMCnexthighest/DMChi ghest − DMClowest (8)

The 90% confidence level for data rejection is used in this method. Table A-2 provides the values Of Q crit at the 90% confidence level. If Q is larger than Q , the data point can be discarded. Only one data meas crit point from a sample group can be rejected using this method. Table A.2. - Critical Values for Use in the Q-Test N Qcrit 3 0.94 4 0.76 5 0.64 6 0.56 7 0.51 8 0.47 9 0.44 10 0.41 Appendix X [Reserved] Appendix XI TO § 264.348 - Lead-Bearing Materials That May be Processed in Exempt Lead Smelters A. Exempt Lead-Bearing Materials When Generated or Originally Produced By Lead-Associated Industries1 Acid dump/fill solidsSump mudMaterials from laboratory analysesAcid filtersBaghouse bagsClothing (e.g., coveralls, aprons, shoes, hats, gloves)SweepingsAir filter bags and cartridgesRespiratory cartridge filtersShop abrasivesStacking boardsWaste shipping containers (e.g., cartons, bags, drums, cardboard)Paper hand towelsWiping rags and spongesContaminated palletsWater treatment sludges, filter cakes, residues, and solidsEmission control dusts, sludges, filter cakes, residues, and solids from lead-associated industries (e.g., K069 and D008 wastes)Spent grids, posts, and separatorsSpent batteriesLead oxide and lead oxide residuesLead plates and groupsSpent battery cases, covers, and ventsPasting beltsWater filter mediaCheesecloth from pasting rollersPasting additive bagsAsphalt paving materials 1Lead-associated industries are lead smelters, lead-acid battery manufacturing, and lead chemical manufacturing (e.g., manufacturing of lead oxide or other lead compounds).

B. Exempt Lead-Bearing Materials When Generated or Originally Produced By Any Industry Charging jumpers and clipsPlaten abrasiveFluff from lead wire and cable casingsLead-based pigments and compounding pigment dust Appendix XII TO § 264.348 - Nickel or Chromium-Bearing Materials that may be Processed in Exempt Nickel-Chromium Recovery Furnaces A. Exempt Nickel or Chromium-Bearing Materials when Generated by Manufacturers or Users of Nickel, Chromium, or Iron Baghouse bagsRaney nickel catalystFloor sweepingsAir filtersElectroplating bath filtersWastewater filter mediaWood palletsDisposable clothing (coveralls, aprons, hats, and gloves)Laboratory samples and spent chemicalsShipping containers and plastic liners from containers or vehicles used to transport nickel or chromium-containing wastesRespirator cartridge filtersPaper hand towels B. Exempt Nickel or Chromium-Bearing Materials when Generated by Any Industry Electroplating wastewater treatment sludges (F006)Nickel and/or chromium-containing solutionsNickel, chromium, and iron catalystsNickel-cadmium and nickel-iron batteriesFilter cake from wet scrubber system water treatment plants in the specialty steel industry1Filter cake from nickel-chromium alloy pickling operations1 1If a hazardous waste under an authorized State program. Appendix XIII To § 264.348 - Mercury Bearing Wastes That May Be Processed in Exempt Mercury Recovery Units These are exempt mercury-bearing materials with less than 500 ppm of 40 CFR Part 261, appendix VIII organic constituents when generated by manufacturers or users of mercury or mercury products.

1. 1. Activated carbon 2. Decomposer graphite 3. Wood 4. Paper 5. Protective clothing 6. Sweepings 7. Respiratory cartridge filters 8. Cleanup articles 9. Plastic bags and other contaminated containers 10. Laboratory and process control samples 11. K106 and other wastewater treatment plant sludge and filter cake 12. Mercury cell sump and tank sludge 13. Mercury cell process solids 14. Recoverable levels of mercury contained in soil Subparts P through R [Reserved] Subpart S - Corrective Action §264.552 Corrective Action Management Units (CAMU).

(a) To implement remedies under § 264.101, § 265.5 or section 25-15-308, C.R.S., or to implement remedies at a permitted facility that is not subject to § 264.101 of these regulations, the Department may designate an area at the facility as a corrective action management unit, as defined in § 260.10, under the requirements in this section. A CAMU must be located within the contiguous property under the control of the owner/operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.

1. (1) Placement of remediation wastes into or within a CAMU does not constitute land disposal of hazardous wastes.
   1. (2) For the purposes of the application of the minimum technology requirements of 40 CFR § 268.5(h)(2), or of the minimum technology requirements of Subparts K, L, M, or N, or the groundwater protection requirements of Subpart F or the closure and post-closure requirements of Subpart G of Part 264 or 265 of these regulations, consolidation or placement of remediation wastes into or within a CAMU does not constitute creation of a regulated unit.
      1. (3) Where the remediation wastes placed into a CAMU are hazardous waste, the CAMU shall comply with Subparts B, C, D and E of Part 264 or 265 of these regulations and, when such remediation wastes will remain in place after closure of the CAMU, the CAMU shall comply with the regulations for the siting of hazardous waste disposal sites, 6 CCR 1007- 2, Part 2.

(b)

1. (1) The Department may designate a regulated unit (as defined in § 264.90(a)(2)) as a CAMU, or may incorporate a regulated unit into a CAMU, if:
   1. (i) The regulated unit is closed or closing, meaning it has begun the closure process under §264.113 or § 265.113; and (ii) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions for the facility.
      1. (2)The subpart F and G requirements and the unit-specific requirements of part 264 or 265 and the financial assurance requirements of Part 266 that applied to that regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU.

(c) The Department shall designate a CAMU in accordance with the following:

1. (1) The CAMU shall facilitate the implementation of reliable, effective, protective, and cost- effective remedies;
   1. (2) Waste management activities associated with the CAMU shall not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes or hazardous constituents;
      1. (3) The CAMU shall include uncontaminated areas of the facility, only if including such areas for the purpose of managing remediation waste is more protective than management of such wastes at contaminated areas of the facility;
         1. (4) Areas within the CAMU, where remediation wastes remain in place after closure of the CAMU, shall be managed and contained so as to control, minimize, or eliminate future releases to the extent necessary to protect human health and the environment;
         2. (5) The CAMU shall expedite the timing of remedial activity implementation, unless to do so would be inconsistent with § 264.552(c)(1) or (c)(2).
         3. (6) The CAMU shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of remedial actions by reducing the toxicity, mobility, or volume of remediation wastes that will remain in place after closure of the CAMU; and (7) The CAMU shall minimize the land area of the facility upon which remediation wastes will remain in place after closure of the CAMU, unless to do so would be inconsistent with § 264.552(c)(1) or (c)(2).

(d) The owner/operator shall provide sufficient information enable the Department to designate a CAMU in accordance with the criteria in § 264.552 (e) The Department shall specify, in the permit or order, requirements for CAMUs to include the following:

1. (1) The areal configuration of the CAMU.
   1. (2) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements.
      1. (3) Requirements for ground water monitoring that are sufficient to:
         1. (i) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the CAMU; and (ii) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the CAMU in which remediation wastes will remain in place after closure of the CAMU.
         2. (4) Closure and post-closure requirements.
         3. (i) Closure of corrective action management units shall:
         4. (A) Minimize the need for further maintenance; and (B) Control, minimize or eliminate, to the extent necessary to protect human health and the environment, for areas where remediation wastes remain in place, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, to ground water, to surface waters, or to the atmosphere.
         5. (ii) Requirements for closure of any CAMU shall include the following, as appropriate and as deemed necessary by the Department to protect human health and the environment.
         6. (A) Requirements for excavation, removal, treatment or containment of remediation wastes;
         7. (B) For areas in which remediation wastes will remain after closure of the CAMU, requirements for lining and/or capping of such areas; and (C) Requirements for removal and decontamination of equipment, devices, and structures used in remediation waste management activities within the CAMU.
         8. (iii) In establishing specific closure requirements for CAMUs under § 264.552(e), the Department shall consider the following factors:
         9. (A) CAMU characteristics;
         10. (B) Volume of remediation wastes which remain in place after closure;
         11. (C) Potential for releases from the CAMU;
         12. (D) Physical and chemical characteristics of the remediation waste;
         13. (E) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and (F) Potential for exposure of humans and environmental receptors if releases were to occur from the CAMU.
         14. (iv) Post-closure requirements as necessary to protect human health and the environment, shall include, for areas where remediation wastes will remain in place, monitoring and maintenance activities, and the frequency with which such activities shall be performed to ensure the integrity of any cap, final cover, bottom liner(s) or other containment system, and, in all instances, a notation to the deed to the facility property that will in perpetuity notify any potential purchaser of the property that the land has been used to manage remediation wastes which may or may not contain hazardous wastes, unless an alternative deed notation is approved by the Department.

(f) The Department shall document the rationale for designating CAMUs and shall make such documentation available to the public.

(g) Incorporation of a CAMU into an existing permit must be approved by the Department according to the procedures for Department-initiated permit modifications under § 100.61 of these regulations, or according to the permit modification procedures of § 100.63 of these regulations.

(h) Incorporation of a CAMU into a new permit must be approved by the Department according to the permit review and issuance procedures of § 100.5 of these regulations.

(i) Incorporation of a CAMU, where the remediation wastes which will remain in place are hazardous wastes, into an order issued pursuant to § 265.5 must be in accordance with the permits by rule provisions of § 100.21(e) of these regulations.

(j) The designation of a CAMU does not change the Department's existing authority to address clean-up levels, media-specific points of compliance to be applied to remediation at a facility, or other remedy selection decisions.

§264.553 Temporary Units (TU).

(a) For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under § 264.101, § 265.5, or section 25-15-308, C.R.S., or at a permitted facility that is not subject to § 264.101, the Department may designate a unit at the facility, as a temporary unit. A temporary unit must be located within the contiguous property under the control of the owner/operator where the wastes to be managed in the temporary unit originated. For temporary units, the Department may replace the design, operating, or closure standard applicable to these units under this Part 264 or Part 265 of these regulations with alternative requirements which protect human health and the environment.

(b) Any temporary unit to which alternative requirements are applied in accordance with paragraph (a) of this section shall be used only for treatment or storage of remediation wastes.

(c) In establishing standards to be applied to a temporary unit, the Department shall consider the following factors:

1. (1) Length of time such unit will be in operation;
   1. (2) Type of unit;
      1. (3) Volumes of remediation wastes to be managed;
         1. (4) Physical and chemical characteristics of the remediation wastes to be managed in the unit;
         2. (5) Potential for releases from the unit;
         3. (6) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and (7) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.

(d) The Department shall specify in the permit or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The Department shall also specify the design, operating, and closure requirements for the unit.

(e) The Department may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the permit or order, if the Department determines that:

1. (1) Continued operation of the unit will not pose a threat to human health and the environment; and (2) Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.

(f) Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit shall be:

1. (1) Approved in accordance with the procedures for Department-initiated permit modifications under § 100.61; or (2) Requested by the owner/operator as a Class II modification according to the procedures under § 100.63 of these regulations.

(g) Incorporation of a temporary unit or a time extension for a temporary unit into a new permit shall be approved by the Department according to the permit review and issuance procedures of § 100.5 of these regulations.

(h) Incorporation of a temporary unit or a time extension for a temporary unit into an order issued pursuant to § 265.5 must be in accordance with the permits by rule provisions of § 100.21(e) of these regulations.

(i) The Department shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make such documentation available to the public. §264.554 Staging piles.

This section is written in a special format to make it easier to understand the regulatory requirements. Like other state regulations, this establishes enforceable legal requirements. For this “I” and “you” refer to the owner/operator.

1. (a) What is a staging pile? A staging pile is an accumulation of solid, non-flowing remediation waste (as defined in § 260.10 of these regulations) that is not a containment building and is used only during remedial operations for temporary storage at a facility. A staging pile must be located within the contiguous property under the control of the owner/operator where the wastes to be managed in the staging pile originated. Staging piles must be designated by the Director according to the requirements in this section.
   1. (b) When may I use a staging pile? You may use a staging pile to store hazardous remediation waste (or remediation waste otherwise subject to land disposal restrictions) only if you follow the standards and design criteria the Director has designated for that staging pile. The Director must designate the staging pile in a permit (including RAPs), or in a closure plan or order for an interim status facility. The Director must establish conditions in the permit, closure plan, or order that comply with paragraphs (d) through (k) of this section.
      1. (c) What information must I provide to get a staging pile designated? When seeking a staging pile designation, you must provide:
         1. (1) Sufficient and accurate information to enable the Director to impose standards and design criteria for your staging pile according to paragraphs (d) through (k) of this section;
         2. (2) Certification by an independent, qualified, registered professional engineer for technical data, such as design drawings and specifications, and engineering studies, unless the Director determines, based on information that you provide, that this certification is not necessary to ensure that a staging pile will protect human health and the environment; and (3) Any additional information the Director determines is necessary to protect human health and the environment.
         3. (d) What performance criteria must a staging pile satisfy? The Director must establish the standards and design criteria for the staging pile in the permit, closure plan, or order.
         4. (1) The standards and design criteria must comply with the following:
         5. (i) The staging pile must facilitate a reliable, effective and protective remedy;
         6. (ii) The staging pile must be designed so as to prevent or minimize releases of hazardous wastes and hazardous constituents into the environment, and minimize or adequately control cross-media transfer, as necessary to protect human health and the environment (for example, through the use of liners, covers, run-off/run-on controls, as appropriate); and (iii) The staging pile must not operate for more than two years, except when the Director grants an operating term extension under paragraph (i) of this section (entitled “May I receive an operating extension for a staging pile?”). You must measure the two-year limit, or other operating term specified by the Director in the permit, closure plan, or order, from the first time you place remediation waste into a staging pile. You must maintain a record of the date when you first placed remediation waste into the staging pile for the life of the permit, closure plan, or order, or for three years, whichever is longer.
         7. (2) In setting the standards and design criteria, the Director must consider the following factors:
         8. (i) Length of time the pile will be in operation;
         9. (ii) Volumes of wastes you intend to store in the pile;
         10. (iii) Physical and chemical characteristics of the wastes to be stored in the unit;
         11. (iv) Potential for releases from the unit;
         12. (v) Hydrogeological and other relevant environmental conditions at the facility that may influence the migration of any potential releases; and (vi) Potential for human and environmental exposure to potential releases from the unit.
         13. (e) May a staging pile receive ignitable or reactive remediation waste? You must not place ignitable or reactive remediation waste in a staging pile unless:
         14. (1) You have treated, rendered or mixed the remediation waste before you placed it in the staging pile so that:
         15. (i) The remediation waste no longer meets the definition of ignitable or reactive under § 261.21 or § 261.23 of these regulations; and (ii) You have complied with § 264.17(b); or (2) You manage the remediation waste to protect it from exposure to any material or condition that may cause it to ignite or react.
         16. (f) How do I handle incompatible remediation wastes in a staging pile? The term “incompatible waste” is defined in § 260.10 of these regulations. You must comply with the following requirements for incompatible wastes in staging piles:
         17. (1) You must not place incompatible remediation wastes in the same staging pile unless you have complied with § 264.17(b) of these regulations;
         18. (2) If remediation waste in a staging pile is incompatible with any waste or material stored nearby in containers, other piles, open tanks or land disposal units (for example, surface impoundments), you must separate the incompatible materials, or protect them from one another by using a dike, berm, wall or other device; and (3) You must not pile remediation waste on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to comply with § 264.17(b) of these regulations.
         19. (g) Are staging piles subject to Land Disposal Restrictions (LDR) and Minimum Technological Requirements (MTR)? No. Placing hazardous remediation wastes into a staging pile does not constitute land disposal of hazardous wastes or create a unit that is subject to the minimum technological requirements of RCRA 3004(o).
         20. (h) How long may I operate a staging pile? The Director may allow a staging pile to operate for up to two years after hazardous remediation waste is first placed into the pile. You must use a staging pile no longer than the length of tune designated by the Director in the permit, closure plan, or order (the “operating term”), except as provided in paragraph (i) of this section.
         21. (i) May I receive an operating extension for a staging pile? (1) The Director may grant one operating term extension of up to 180 days beyond the operating term limit contained in the permit, closure plan, or order (see paragraph (1) of this section for modification procedures). To justify to the Director the need for an extension, you must provide sufficient and accurate information to enable the Director to determine that continued operation of the staging pile:
         22. (i) Will not pose a threat to human health and the environment; and (ii) Is necessary to ensure timely and efficient implementation of remedial actions at the facility.
         23. (2) The Director may, as a condition of the extension, specify further standards and design criteria in the permit, closure plan, or order, as necessary, to ensure protection of human health and the environment.
         24. (j) What is the closure requirement for a staging pile located in a previously contaminated area? (1) Within 180 days after the operating term of the staging pile expires, you must close a staging pile located in a previously contaminated area of the site by removing or decontaminating all:
         25. (i) Remediation waste;
         26. (ii) Contaminated containment system components; and (iii) Structures and equipment contaminated with waste and leachate.
         27. (2) You must also decontaminate contaminated subsoils in a manner and according to a schedule that the Director determines will protect human health and the environment.
         28. (3) The Director must include the above requirements in the permit, closure plan, or order in which the staging pile is designated.
         29. (k) What is the closure requirement for a staging pile located in an uncontaminated area? (1) Within 180 days after the operating term of the staging pile expires, you must close a staging pile located in an uncontaminated area of the site according to §§ 264.258(a) and 264.111; or according to §§ 265.258(a) and 265.111 of these regulations.
         30. (2) The Director must include the above requirement in the permit, closure plan, or order in which the staging pile is designated.
         31. (l) How may my existing permit (for example, RAP), closure plan, or order be modified to allow me to use a staging pile? (1) To modify a permit, other than a RAP, to incorporate a staging pile or staging pile operating term extension, either:
         32. (i) The Director must approve the modification under the procedures for Agency- initiated permit modifications in § 100.61 of these regulations; or (ii) You must request a Class 2 modification under § 100.63 of these regulations. (2)To modify a RAP to incorporate a staging pile or staging pile operating term extension, you must comply with the RAP modification requirements under §§ 100.27(d)(1) and 100.27(d)(2) of these regulations.
         33. (3) To modify a closure plan to incorporate a staging pile or staging pile operating term extension, you must follow the applicable requirements under § 264.112(c) or § 265.112(c) of these regulations.
         34. (4) To modify an order to incorporate a staging pile or staging pile operating term extension, you must follow the terms of the order.
         35. (m) Is information about the staging pile available to the public? The Director must document the rationale for designating a staging pile or staging pile operating term extension and make this documentation available to the public. Subparts T through V [Reserved] Subpart W -- Drip Pads §264.570 Applicability.

(a) The requirements of this subpart apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before December 6, 1990 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement at § 264.573(b)(3) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992 except for those constructed after December 24, 1992 for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 24, 1992.

(b) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under § 264.573(e) or § 264.573(f), as appropriate.

(c) The requirements of this subpart are not applicable to the management of infrequent and incidental drippage in storage yards provided that:

1. (1) The owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan must describe how the owner or operator will do the following:
   1. (i) Clean up the drippage;
      1. (ii) Document the cleanup of the drippage;
         1. (iii) Retain documents regarding cleanup for three years; and (iv) Manage the contaminated media in a manner consistent with federal and state regulations.

§264.571 Assessment of existing drip pad integrity.

(a) For each existing drip pad as defined in § 264.570 of this subpart, the owner or operator must evaluate the drip pad and determine that it meets all of the requirements of this subpart, except the requirements for liners and leak detection systems of § 264.573(b). No later than the effective date of this rule, the owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer that attests to the results of the evaluation. The assessment must be reviewed, updated, and re-certified annually until all upgrades, repairs or modifications necessary to achieve compliance with all of the standards of § 264.573 of this subpart are complete. The evaluation must document the extent to which the drip pad meets each of the design and operating standards of § 264.573 of this subpart, except the standards for liners and leak detection systems, specified in § 264.573(b) of this subpart.

(b) The owner or operator must develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of § 264.573(b) of this subpart and submit the plan to the Director no later than 2 years before the date that all repairs, upgrades, and modifications are complete. This written plan must describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of § 264.573 of this subpart. The plan must be reviewed and certified by an independent, qualified registered professional engineer.

(c) Upon completion of all upgrades, repairs and modifications, the owner or operator must submit to the Director the as-built drawings for the drip pad together with a certification by an independent, qualified registered professional engineer attesting that the drip pad conforms to the drawings.

(d) If the drip pad is found to be leaking or unfit for use, the owner or operator must comply with the provisions of § 264.573(m) of this subpart or close the drip pad in accordance with § 264.575 of this subpart.

§264.572 Design and installation of new drip pads.

Owners and operators of new drip pads must ensure that the pads are designed, installed and operated in accordance with one of the following:

1. (a) All of the requirements of §§ 264.573 (except § 264.573(a)(4)), 264.574 and 264.575 of this subpart, or (b) All of the requirements of §§ 264.573 (except § 264.573(b)), 264.574 and 264.575 of this subpart.

§264.573 Design and operating requirements.

(a) Drip pads must:

1. (1) Be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;
   1. (2) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system;
      1. (3) Have a curb or berm around the perimeter, (4)
         1. (i) Have a hydraulic conductivity of less than or equal to 1x10-7 centimeters per second, e.g., existing concrete drip pads must be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1x10-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system. This surface material must be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the material must be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with § 264.572(b) instead of § 264.572(a).
         2. (ii) The owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer that attests to the results of the evaluation. The assessment must be reviewed, updated and recertified annually. The evaluation must document the extent to which the drip pad meets the design and operating standards of this section, except for paragraph (b) of this section.
         3. (5) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of installation, and the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc. Note: The Department will generally consider applicable standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) or the American Society of Testing Materials (ASTM) in judging the structural integrity requirement of this paragraph.

(b) If an owner/operator elects to comply with § 264.572(a) instead of § 264.572(b), the drip pad must have:

1. (1) A synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner must be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or groundwater or surface water during the active life of the facility. The liner must be:
   1. (i) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);
      1. (ii) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the line due to settlement, compression, or uplift; and (iii) Installed to cover all surrounding earth that could come in contact with the waste or leakage; and (2) A leakage detection system immediately above the liner that is designed, constructed, maintained, and operated to detect leakage from the drip pad. The leakage detection system must be:
         1. (i) Constructed of materials that are:
         2. (A) Chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and (B) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad;
         3. (ii) Designed and operated to function without clogging through the scheduled closure of the drip pad; and (iii) Designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest possible tune.
         4. (3) A leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed must be documented in the operating log.

(c) Drip pads must be maintained such that they remain free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad. Note: See § 264.573(m) for remedial action required if deterioration or leakage is detected.

(d) The drip pad and associated collection system must be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off.

(e) Unless protected by a structure, as described in § 264.570(b) of this subpart, the owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm, unless the system has sufficient excess capacity to contain any run-off that might enter the system.

(f) Unless protected by a structure or cover, as described in § 264.570(b) of this subpart, the owner or operator must design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

(g) The drip pad must be evaluated to determine that it meets the requirements of paragraphs (a) through

1. (f) of this section and the owner or operator must obtain a statement from an independent, qualified registered professional engineer certifying that the drip pad design meets the requirements of this section.

(h) Drippage and accumulated precipitation must be removed from the associated collection system as necessary to prevent overflow onto the drip pad.

(i) The drip pad surface must be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator must document the date and time of each cleaning and the cleaning procedure used in the facility's operating log. The owner/operator must determine if the residues are hazardous as per 6 CCR 1007-3 § 262.11 and, if so, must manage them under Parts 261-268, and Parts 99 and 100.

(j) Drip pads must be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of the activities by personnel or equipment.

(k) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes must be held on the drip pad until drippage has ceased. The owner or operator must maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.

(l) Collection and holding units associated with run-on and run-off control systems must be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.

(m) Throughout the active life of the drip pad and as specified in the permit, if the owner or operator detects a condition that may cause, may have caused, or has caused a release of hazardous waste, the condition must be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:

1. (1) Upon detection of a condition that may cause, may have caused, or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator must:
   1. (i) Enter a record of the discovery in the facility operating log;
      1. (ii) Immediately remove the portion of the drip pad affected by the condition from service;
         1. (iii) Determine what steps must be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs;
         2. (iv) Within 24 hours after the discovery of the condition, notify the Director of the condition and, within 10 working days, provide written notice to the Director with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work.
         3. (2) The Director will review the information submitted, make a determination regarding whether the pad must be removed from service completely or partially until repairs and clean up are complete, and notify the owner or operator of the determination and the underlying rationale in writing.
         4. (3) Upon completing all repairs and clean up, the owner or operator must notify the Director in writing and provide a certification signed by an independent, qualified registered professional engineer, that the repairs and clean up have been completed according to the written plan submitted in accordance with paragraph (m)(1)(iv) of this section.

(n) Should a permit be necessary, the Director will specify in the permit all design and operating practices necessary to ensure that the requirements of this section are satisfied.

(o) The owner or operator must maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This must include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.

§264.574 Inspections.

(a) During construction or installation, liners and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g. holes, cracks, thin spots or foreign materials). Immediately after construction or installation, the liners must be inspected and certified as meeting the requirements of § 264.573 of this subpart by an independent, qualified registered professional engineer. The certification must be maintained at the facility as part of the facility operating record. After installation, liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.

(b) While a drip pad is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

1. (1) Deterioration, malfunctions, or improper operation of run-off and run-on control systems;
   1. (2) The presence of leakage in and proper functioning of leak detection systems.
      1. (3) Deterioration or cracking of the pad surface.
         1. Note: See § 264.573(m) for remedial action required if deterioration or leakage is detected.

§264.575 Closure.

(a) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.

(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (a) of this section, the owner or operator then finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator must close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (§ 264.310). For permitted units, the requirement to have a permit continues throughout the post-closure period. In addition, for the purposes of closure, post- closure, and financial responsibility, such a drip pad is then considered to be a landfill, and the owner or operator must meet all of the requirements for landfills specified in Subpart G of this part, and Part 266 of these regulations.

(c)

1. (1) The owner or operator of an existing drip pad, as defined in § 264.570 of this subpart, that does not comply with the liner requirements of § 264.573(b)(1) must:
   1. (i) Include in the closure plan for the drip pad under § 264.112 both a plan for complying with paragraph (a) of this section and a contingent plan for complying with paragraph (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and (ii) Prepare a contingent post-closure plan under § 264.118 of this part for complying with paragraph (b) of this section in case not all contaminated subsoils can be practicably removed at closure.
      1. (2) The cost estimates calculated under §§ 264.112 and 266.13 of these regulations for closure and post-closure care of a drip pad subject to this paragraph must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under paragraph (a) of this section. §264.576 through §264.599 [Reserved] Subpart X - Miscellaneous Units §264.600 Applicability.

The requirements in this subpart apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as § 264.1 provide otherwise. §264.601 Environmental performance standards.

A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of hazardous waste or hazardous constituents from the unit. Permit terms and provisions shall include those requirements of Subparts I through O and Subparts AA through CC of this part, Part 100, and 40 CFR 146 that are appropriate for the miscellaneous unit being permitted. Protection of human health and the environment includes, but is not limited to:

1. (a) Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in the ground water or subsurface environment, considering:
   1. (1) The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;
      1. (2) The hydrologic and geologic characteristics of the unit and the surrounding area;
         1. (3) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water;
         2. (4) The quantity and direction of ground water flow;
         3. (5) The proximity to and withdrawal rates of current and potential ground-water users;
         4. (6) The patterns of land use in the region;
         5. (7) The potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation;
         6. (8) The potential for health risks caused by human exposure to waste constituents; and (9) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;
         7. (b) Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in surface water, or wetlands or on the soil surface considering:
         8. (1) The volume and physical and chemical characteristics of the waste in the unit;
         9. (2) The effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;
         10. (3) The hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit;
         11. (4) The patterns of precipitation in the region;
         12. (5) The quantity, quality, and direction of ground-water flow;
         13. (6) The proximity of the unit to surface waters;
         14. (7) The current and potential uses of nearby surface waters and any water quality standards established for those surface waters;
         15. (8) The existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils;
         16. (9) The patterns of land use in the region;
         17. (10) The potential for health risks caused by human exposure to waste constituents; and (11) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.
         18. (c) Prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents in the air, considering:
         19. (1) The volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols and particulates;
         20. (2) The effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air;
         21. (3) The operating characteristics of the unit;
         22. (4) The atmospheric, meteorologic, and topographic characteristics of the unit and the surrounding area;
         23. (5) The existing quality of the air, including other sources of contamination and the cumulative impact on the air;
         24. (6) The potential for health risks caused by human exposure to waste constituents; and (7) The potential for damage to domestic animals wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.

§264.602 Monitoring, analysis, inspection, response, reporting, and corrective action. Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies must ensure compliance with §§ 264.601, 264.15, 264.33, 264.75, 264.76, 264.77, and 264.101 as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.

§264.603 Post-closure care.

A miscellaneous unit that is a disposal unit must be maintained in a manner that complies with § 264.601 during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit must also meet the requirements of § 264.601 during post-closure care. The post-closure care plan under § 264.118 must specify the procedures that will be used to satisfy this requirement. Subparts Y-Z [Reserved] Subpart AA - Air Emission Standards for Process Vents §264.1030 Applicability.

(a) The regulations in this subpart apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in § 264.1).

(b) Except for §§ 264.1034, paragraphs (d) and (e), this subpart applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following:

1. (1) A unit that is subject to the permitting requirements of Part 100, or (2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of § 262.34(a) (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of Part 100, or (3) A unit that is exempt from permitting under the provisions of § 262.34(a) (i.e., a “90-day” tank or container) and is not a recycling unit under the provisions of § 261.6 of these regulations.

(c) For the owner and operator of a facility subject to this subpart and who received a final permit under RCRA section 3005 prior to December 6, 1996, the requirements of this subpart shall be incorporated into the permit when the permit is reissued in accordance with the requirements of §

1. 100.511 of these regulations or reviewed in accordance with the requirements of § 100.45(d) of these regulations. Until such date when the owner and operator receives a final permit incorporating the requirements of this subpart, the owner and operator is subject to the requirements of 40 CFR 265, Subpart AA.
   1. Note: The requirements of §§ 264.1032 through 264.1036 apply to process vents on hazardous waste recycling units previously exempt under § 261.6(c)(1). Other exemptions under §§ 261.4 and 264.1 (g) are not affected by these requirements.

(d) [Reserved] (e) The requirements of this subpart do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this subpart are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under 40 CFR Part 60, Part 61, or Part 63. The documentation of compliance under regulations at 40 CFR Part 60, Part 61, or Part 63 shall be kept with, or made readily available with, the facility operating record. §264.1031 Definitions.

As used in this subpart, all terms not defined herein shall have the meaning given them in the Act and Parts 260 through 267.

“Air stripping operation” is a desorption operation employed to transfer one or more volatile components from a liquid mixture into a gas (air) either with or without the application of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are among the process configurations used for contacting the air and a liquid. “Bottoms receiver” means a container or tank used to receive and collect the heavier bottoms fractions of the distillation feed stream that remain in the liquid phase. “Closed-vent system” means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.

“Condenser” means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase.

“Connector” means flanged, screwed, welded, or other joined fittings used to connect two pipelines or a pipeline and a piece of equipment. For the purposes of reporting and recordkeeping, connector means flanged fittings that are not covered by insulation or other materials that prevent location of the fittings. “Continuous recorder” means a data-recording device recording an instantaneous data value at least once every 15 minutes.

“Control device” means an enclosed combustion device, vapor recovery system, or flare. Any device the primary function of which is the recovery or capture of solvents or other organics for use, reuse, or sale (e.g., a primary condenser on a solvent recovery unit) is not a control device. “Control device shutdown” means the cessation of operation of a control device for any purpose. “Distillate receiver” means a container or tank used to receive and collect liquid material (condensed) from the overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or other process units.

“Distillation operation” means an operation, either batch or continuous, separating one or more feed stream(s) into two or more exit streams, each exit stream having component concentrations different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid and vapor phase as they approach equilibrium within the distillation unit. “Double block and bleed system” means two block valves connected in series with a bleed valve or line that can vent the line between the two block valves. “Equipment” means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, or flange or other connector, and any control devices or systems required by this subpart.

“Flame zone” means the portion of the combustion chamber in a boiler occupied by the flame envelope. “Flow indicator” means a device that indicates whether gas flow is present in a vent stream. “First attempt at repair” means to take rapid action for the purpose of stopping or reducing leakage of organic material to the atmosphere using best practices. “Fractionation operation” means a distillation operation or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components.

“Hazardous waste management unit shutdown” means a work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit. An unscheduled work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit for less than 24 hours is not a hazardous waste management unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping operation are not hazardous waste management unit shutdowns.

“Hot well” means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet ejector.

“In gas/vapor service” means that the piece of equipment contains or contacts a hazardous waste stream that is in the gaseous state at operating conditions. “In heavy liquid service” means that the piece of equipment is not in gas/vapor service, or in light liquid service.

“In light liquid service” means that the piece of equipment contains or contacts a waste stream where the vapor pressure of one or more of the organic components in the stream is greater than 0.3 kilopascals (kPa) at 20 °C, the total concentration of the pure organic components having a vapor pressure greater than 0.3 kilopascals (kPa) at 20 °C is equal to or greater than 20 percent by weight, and the fluid is a liquid at operating conditions.

“In situ sampling systems” means nonextractive samplers or in-line samplers. “In vacuum service” means that equipment is operating at an internal pressure that is at least 5 kPa below ambient pressure.

“Malfunction” means any sudden failure of a control device or a hazardous waste management unit or failure of a hazardous waste management unit to operate in a normal or usual manner, so that organic emissions are increased.

“Open-ended valve or line” means any valve, except pressure relief valves, having one side of the valve seat in contact with hazardous waste and one side open to the atmosphere, either directly or through open piping.

“Pressure release” means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device.

“Process heater” means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that are heated to produce steam. “Process vent” means any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations. “Repaired” means that equipment is adjusted, or otherwise altered, to eliminate a leak. “Sampling connection system” means an assembly of equipment within a process or waste management unit used during periods of representative operation to take samples of the process or waste fluid. Equipment used to take non-routine grab samples is not considered a sampling connection system.

“Sensor” means a device that measures a physical quantity or the change in a physical quantity, such as temperature, pressure, flow rate, pH, or liquid level.

“Separator tank” means a device used for separation of two immiscible liquids. “Solvent extraction operation” means an operation or method of separation in which a solid or solution is contacted with a liquid solvent (the two being mutually insoluble) to preferentially dissolve and transfer one or more components into the solvent.

“Startup” means the setting in operation of a hazardous waste management unit or control device for any purpose.

“Steam stripping operation” means a distillation operation in which vaporization of the volatile constituents of a liquid mixture takes place by the introduction of steam directly into the charge. “Surge control tank” means a large-sized pipe or storage reservoir sufficient to contain the surging liquid discharge of the process tank to which it is connected. “Thin-film evaporation operation” means a distillation operation that employs a heating surface consisting of a large diameter tube that may be either straight or tapered, horizontal or vertical. Liquid is spread on the tube wall by a rotating assembly of blades that maintain a close clearance from the wall or actually ride on the film of liquid on the wall.

“Vapor incinerator” means any enclosed combustion device that is used for destroying organic compounds and does not extract energy in the form of steam or process heat. “Vented” means discharged through an opening, typically an open-ended pipe or stack, allowing the passage of a stream of liquids, gases, or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused by mechanical means such as compressors or vacuum-producing systems or by process-related means such as evaporation produced by heating and not caused by tank loading and unloading (working losses) or by natural means such as diurnal temperature changes. §264.1032 Standards: Process vents.

(a) The owner or operator of a facility with process vents associated with distillation, fractionation, thin- film evaporation, solvent extraction, or air or steam stripping operations managing hazardous wastes with organic concentrations of at least 10 ppmw shall either:

1. (1) Reduce total organic emissions from all affected process vents at the facility below 1.4 kg/h (3 Ib/h) and 2.8 Mg/yr (3.1 tons/yr), or (2) Reduce, by use of a control device, total organic emissions from all affected process vents at the facility by 95 weight percent.

(b) If the owner or operator installs a closed-vent system and control device to comply with the provisions of paragraph (a) of this section the closed-vent system and control device must meet the requirements of § 264.1033.

(c) Determinations of vent emissions and emission reductions or total organic compound concentrations achieved by add-on control devices may be based on engineering calculations or performance tests. If performance tests are used to determine vent emissions, emission reductions, or total organic compound concentrations achieved by add-on control devices, the performance tests must conform with the requirements of § 264.1034(c).

(d) When an owner or operator and the Director do not agree on determinations of vent emissions and/or emission reductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, the procedures in § 264.1034(c) shall be used to resolve the disagreement.

§264.1033 Standards: Closed-vent systems and control devices. (a)

1. (1) Owners or operators of closed-vent systems and control devices used to comply with provisions of this part shall comply with the provisions of this section. (2)
   1. (i) The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this subpart on the effective date that the facility becomes subject to the provisions of this subpart must prepare an implementation schedule that includes dates by which the closed- vent system and control device will be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this subpart for installation and startup.
      1. (ii) Any unit that begins operation after December 21, 1990, and is subject to the provisions of this subpart when operations begins, must comply with the rules immediately (i.e., must have control devices installed and operating on startup of the affected unit); the 30-month implementation schedule does not apply.
         1. (iii) The owner or operator of any facility in existence on the effective date of a statutory or EPA or state regulatory amendment that renders the facility subject to this subpart shall comply with all requirements of this subpart as soon as practicable but no later than 30 months after the amendment's effective date. When control equipment required by this subpart can not be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes the following information: Specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this subpart. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility.
         2. (iv) Owners and operators of facilities and units that become newly subject to the requirements of this subpart after December 8, 1997, due to an action other than those described in paragraph (a)(2)(iii) of this section must comply with all applicable requirements immediately (i.e., must have control devices installed and operating on the date the facility or unit becomes subject to this subpart; the 30-month implementation schedule does not apply).

(b) A control device involving vapor recovery (e.g, a condenser or adsorber) shall be designed and operated to recover the organic vapors vented to it with an efficiency of 95 weight percent or greater unless the total organic emission limits of § 264.1032(a)(1) for all affected process vents can be, attained at an efficiency less than 95 weight percent.

(c) An enclosed combustion device (e.g, a vapor incinerator, boiler, or process heater) shall be designed and operated to reduce the organic emissions vented to it by 95 weight percent or greater; to achieve a total organic compound concentration of 20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to 3 percent oxygen; or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760°C. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater.

(d)

1. (1) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in paragraph (e)(1) of this section, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.
   1. (2) A flare shall be operated with a flame present at all times, as determined by the methods specified in paragraph (f)(2)(iii) of this section.
      1. (3) A flare shall be used only if the net hearing value of the gas being combusted is 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or if the net heating value of the gas being combated is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is nonassistecd. The net heating value of the gas being combusted shall be determined by the methods specified in paragraph (e)(2) of this section. (4)
         1. (i) A steam-assisted or nonassisted flare shall be designed for and operated with an exit velocity, as determined by the methods specified in paragraph (e)(3) of this section, less than 183 m/s (60 ft/s), except as provided in paragraphs (d)(4)(ii) and (iii) of this section.
         2. (ii) A steam-assisted or nonassisted flare designed for and operated with an exit velocity, as determined by the methods specified in paragraph (e)(3) of this section, equal to or greater than 183 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating value of the gas being combusted is greater than 373 MJ/scm (1,000 Btu/scf).
         3. (iii) A steam-assisted or nonassisted flare designed for and operated with an exit velocity as determined by the methods specified in paragraph (e)(3) of this section, less than the velocity, V , as determined by the method specified in paragraph (e)(4) max of this section and less than 122 m/s (400 ft/s) is allowed.
         4. (5) An air-assisted flare shall be designed and operated with an exit velocity less than the velocity, V , as determined by the method specified in paragraph (e)(5) of this section. max (6) A flare used to comply with this section shall be steam-assisted, air-assisted, or nonassisted. (e)
         5. (1) Reference Method 22 in 40 CFR Part 60 shall be used to determine the compliance of a flare with the visible emission provisions of this subpart. The observation period is 2 hours and shall be used according to Method 22.
         6. (2) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:

            where:

      HT = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25°C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 °C;

      K = -7 Constant, 1.74 x 10 (1/ppm) (g mol/scm)

      1. (MJ/kcal) where standard temperature for (g mol/scm) is 20 °C;

      Ci = Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR Part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in § 260.11); and Hi= Net heat of combustion of sample component i, kcal/9 mol at 25 °C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in § 260.11) if published values are not available or cannot be calculated.

      1. (3) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR Part 60 as appropriate, by the unobstructed (free) cross- sectional area of the flare tip.
         1. (4) The maximum allowed velocity in m/s, V for a flare complying with paragraph (d)(4)(iii) of max this section shall be determined by the following equation: Log10(Vmax) = (HT +
   2. 28.8 )/31.7

      where:

      28.8= Constant,

   3. 31.7 = Constant,

      HT= The net heating value as determined in paragraph (e)(2) of this section.

      1. (5)The maximum allowed velocity in m/s, V , for an air-assisted flare shall be determined by the max following equation:

      Vmax = 8.706+0.7084 (HT)

      where:

   4. 8.706 = Constant,
   5. 0.7084 = Constant,

      HT = The net heating value determined in paragraph (e)(2) of this section.

(f) The owner or operator shall monitor and inspect each control device required to comply with this section to ensure proper operation and maintenance of the control device by implementing the following requirements:

1. (1) Install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow from each affected process vent to the control device at least once every hour. The flow indicator sensor shall be installed in the vent stream at the nearest feasible point to the control device inlet but before the point at which the vent streams are combined.
   1. (2) Install, calibrate, maintain, and operate according to the manufacturer's specifications a device to continuously monitor control device operation as specified below:
      1. (i) For a thermal vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of ±1 percent of the temperature being monitored in 0°C or ± 0.50°C, whichever is greater. The temperature sensor shall be installed at a location in the combustion chamber downstream of the combustion zone.
         1. (ii) For a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have an accuracy of ±1 percent of the temperature being monitored in °C or ±0.50°C, whichever is greater. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet.
         2. (iii) For a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame.
         3. (iv) For a boiler or process heater having a design heat input capacity less than 44 MW, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of ±1 percent of the temperature being monitored in °C or ±0.5 °C, whichever is greater. The temperature sensor shall be installed at a location in the furnace downstream of the combustion zone.
         4. (v) For a boiler or process heater having a design heat input capacity greater than or equal to 44 MW, a monitoring device equipped with a continuous recorder to measure a parameter(s) that indicates good combustion operating practices are being used.
         5. (vi) For a condenser, either:
         6. (A) A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the condenser, or (B) A temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature with an accuracy of ±1 percent of the temperature being monitored in degrees Celsius (°C) or ±0.5 °C, whichever is greater. The temperature sensor shall be installed at a location in the exhaust vent stream from the condenser exit (i.e., product side).
         7. (vii) For a carbon adsorption system that regenerates the carbon bed directly in the control device such as a fixed-bed carbon adsorber, either:
         8. (A) A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the carbon bed, or (B) A monitoring device equipped with a continuous recorder to measure a parameter that indicates the carbon bed is regenerated on a regular, predetermined time cycle.
         9. (3) Inspect the readings from each monitoring device required by paragraphs-(f)(1) and (2) of this section at least once each operating day to check control device operation and, if necessary, immediately implement the corrective measures necessary to ensure the control device operates in compliance with the requirements of this section.

(g) An owner or operator using a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in the control device shall replace the existing carbon in the control device with fresh carbon at a regular, predetermined time interval that is no longer than the carbon service life established as a requirement of § 264.1035(b)(4)(iii)(F).

(h) An owner or operator using a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly onsite in the control device shall replace the existing carbon in the control device with fresh carbon on a regular basis by using one of the following procedures:

1. (1) Monitor the concentration level of the organic compounds in the exhaust vent stream from the carbon adsorption system on a regular schedule, and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than 20 percent of the time required to consume the total carbon working capacity established as a requirement of § 264.1035(b)(4)(iii)(G), whichever is longer.
   1. (2) Replace the existing carbon with fresh carbon at a regular, predetermined time interval that is less than the design carbon replacement interval established as a requirement of § 264.1035(b)(4)(iii)(G).

(i) An alternative operational or process parameter may be monitored if it can be demonstrated that another parameter will ensure that the control device is operated in conformance with these standards and the control device' s design specifications.

(j) An owner or operator of an affected facility seeking to comply with the provisions of this part by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system is required to develop documentation including sufficient information to describe the control device operation and identify the process parameter or parameters that indicate proper operation and maintenance of the control device.

(k) A closed-vent system shall meet either of the following design requirements:

1. (1) A closed-vent system shall be designed to operate with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background as determined by the procedure in § 264.1034(b) of this subpart, and by visual inspections; or (2) A closed-vent system shall be designed to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating.

(l) The owner or operator shall monitor and inspect each closed-vent system required to comply with this section to ensure proper operation and maintenance of the closed-vent system by implementing the following requirements:

1. (1) Each closed-vent system that is used to comply with paragraph (k)(1) of this section shall be inspected and monitored in accordance with the following requirements:
   1. (i) An initial leak detection monitoring of the closed-vent system shall be conducted by the owner or operator on or before the date that the system becomes subject to this section. The owner or operator shall monitor the closed-vent system components and connections using the procedures specified in § 264.1034(b) of this subpart to demonstrate that the closed-vent system operates with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background.
      1. (ii) After initial leak detection monitoring required in paragraph (l)(1)(i) of this section, the owner or operator shall inspect and monitor the closed-vent system as follows:
         1. (A) Closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of hard piping or a bolted and gasketed ducting flange) shall be visually inspected at least once per year to check for defects that could result in air pollutant emissions. The owner or operator shall monitor a component or connection using the procedures specified in § 264.1034(b) of this subpart to demonstrate that it operates with no detectable emissions following any time the component is repaired or replaced (e.g., a section of damaged hard piping is replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted).
         2. (B) Closed-vent system components or connections other than those specified in paragraph (l)(1)(ii)(A) of this section shall be monitored annually and at other times as requested by the Director, except as provided for in paragraph (o) of this section, using the procedures specified in § 264.1034(b) of this subpart to demonstrate that the components or connections operate with no detectable emissions.
         3. (iii) In the event that a defect or leak is detected, the owner or operator shall repair the defect or leak in accordance with the requirements of paragraph (l)(3) of this section.
         4. (iv) The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in § 264.1035 of this subpart.
         5. (2) Each closed-vent system that is used to comply with paragraph (k)(2) of this section shall be inspected and monitored in accordance with the following requirements:
         6. (i) The closed-vent system shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in ductwork or piping or loose connections.
         7. (ii) The owner or operator shall perform an initial inspection of the closed-vent system on or before the date that the system becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year.
         8. (iii) In the event that a defect or leak is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (l)(3) of this section.
         9. (iv) The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in § 264.1035 of this subpart.
         10. (3) The owner or operator shall repair all detected defects as follows:
         11. (i) Detectable emissions, as indicated by visual inspection, or by an instrument reading greater than 500 ppmv above background, shall be controlled as soon as practicable, but not later than 15 calendar days after the emission is detected, except as provided for in paragraph (l)(3)(iii) of this section.
         12. (ii) A first attempt at repair shall be made no later than 5 calendar days after the emission is detected.
         13. (iii) Delay of repair of a closed-vent system for which leaks have been detected is allowed if the repair is technically infeasible without a process unit shutdown, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next process unit shutdown.
         14. (iv) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in § 264.1035 of this subpart.

(m) Closed-vent systems and control devices used to comply with provisions of this subpart shall be operated at all times when emissions may be vented to them.

(n) The owner or operator using a carbon adsorption system to control air pollutant emissions shall document that all carbon that is a hazardous waste and that is removed from the control device is managed in one of the following manners, regardless of the average volatile organic concentration of the carbon:

1. (1) Regenerated or reactivated in a thermal treatment unit that meets one of the following:
   1. (i) The owner or operator of the unit has been issued a final permit under Part 100 of these regulations which implements the requirements of Subpart X of this part; or (ii) The unit is equipped with and operating air emission controls in accordance with the applicable requirements of Subparts AA and CC of either of this part or of Part 265 of these regulations; or (iii) The unit is equipped with and operating air emission controls in accordance with a national emission standard for hazardous air pollutants under 40 CFR Part 61 or 40 CFR Part 63.
      1. (2) Incinerated in a hazardous waste incinerator for which the owner or operator either:
         1. (i) Has been issued a final permit under Part 100 of these regulations which implement the requirements of Subpart O of this part; or (ii) Has designed and operates the incinerator in accordance with the interim status requirements of Part 265, Subpart O.
         2. (3) Burned in a boiler or industrial furnace for which the owner or operator either:
         3. (i) Has been issued a final permit under Part 100 of these regulations which implements the requirements of 40 CFR Part 266, Subpart H; or (ii) Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of 40 CFR Part 266, Subpart H.

(o) Any components of a closed-vent system that are designated, as described in § 264.1035(c)(9) of this subpart, as unsafe to monitor are exempt from the requirements of paragraph (l)(1)(ii)(B) of this section if:

1. (1) The owner or operator of the closed-vent system determines that the components of the closed-vent system are unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraph (l)(1)(ii) (B) of this section; and (2) The owner or operator of the closed-vent system adheres to a written plan that requires monitoring the closed-vent system components using the procedure specified in paragraph (l)(1)(ii)(B) of this section as frequently as practicable during safe-to-monitor times.

§264.1034 Test methods and procedures.

(a) Each owner or operator subject to the provisions of this subpart shall comply with the test methods and procedures requirements provided in this section.

(b) When a closed-vent system is tested for compliance with no detectable emissions, as required in § 264.1033(l) of this subpart, the test shall comply with the following requirements:

1. (1) Monitoring shall comply with Reference Method 21 in 40 CFR Part 60.
   1. (2) The detection instrument shall meet the performance criteria of Reference Method 21.
      1. (3) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21.
         1. (4) Calibration gases shall be:
         2. (i) Zero air (less than 10 ppm of hydrocarbon in air).
         3. (ii) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
         4. (5) The background level shall be determined as set forth in Reference Method 21.
         5. (6) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.
         6. (7) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.

(c) Performance tests to determine compliance with § 264.1032(a) and with the total organic compound concentration limit of § 264.1033(c) shall comply with the following:

1. (1) Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures:
   1. (i) Method 2 in 40 CFR Part 60 for velocity and volumetric flow rate.
      1. (ii) Method 18 in 40 CFR Part 6O for organic content.
         1. (iii) Each performance test shall consist of three separate runs; each run conducted for at least 1 hour under the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a time-weighted basis.
         2. (iv) Total organic mass flow rates shall be determined by the following equation: where:

      Eh = Total organic mass flow rate, kg/h;

      Qsd = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;

      n = Number of organic compounds in the vent gas;

      Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;

      MWi = Molecular weight of organic compound i in the vent gas, kg/kg-mol;

   2. 0.0416 = Conversion factor for
      1. molar volume, kg- mol/m (@ 293 K and 760 mm Hg);
         1. -6 Conversion from ppm, 10 = -1 ppm .
         2. (v) The annual total organic emission rate shall be determined by the following equation: EA= (Eh)(H)

      where:

      EA = Total organic mass emission rate, kg/y, Eh = Total organic mass flow rate for the process vent, kg/h;

      H = Total annual hours of operations for the affected unit, h.

      1. (vi) Total organic emissions from all affected process vents at the facility shall be determined by summing the hourly total organic mass emission rates (E , as h determined in paragraph (c)(1)(iv) of this section) and by summing the annual total organic mass emission rates (E , as determined in paragraph (c)(1)(v) of A this section) for all affected process vents at the facility.
         1. (2) The owner or operator shall record such process information as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test.
         2. (3) The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:
         3. (i) Sampling ports adequate for the test methods specified in paragraph (c)(1) of this section.
         4. (ii) Safe sampling platform(s).
         5. (iii) Safe access to sampling platform(s).
         6. (iv) Utilities for sampling and testing equipment.
         7. (4) For the purpose of making compliance determinations, the time-weighted average of the results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the owner or operator's control, compliance may, upon the Director's approval, be determined using the average of the results of the two other runs.

(d) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this subpart, the owner or operator must make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than 10 ppmw using one of the following two methods:

1. (1) Direct measurement of the organic concentration of the waste using the following procedures:
   1. (i) The owner or operator must take a minimum of four grab samples of waste for each waste stream managed in the affected unit under process conditions expected to cause the maximum waste organic concentration.
      1. (ii) For waste generated onsite, the grab samples must be collected at a point before the waste is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the waste after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For waste generated offsite, the grab samples must be collected at the inlet to the first waste management unit that receives the waste provided the waste has been transferred to the facility in a closed system such as a tank truck and the waste is not diluted or mixed with other waste.
         1. (iii) Each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060 or 8260 of SW-846 (incorporated by reference under § 260.11).
         2. (iv) The arithmetic mean of the results of the analyses of the four samples shall apply for each waste stream managed in the unit in determining the time-weighted, annual average total organic concentration of the waste. The time-weighted average is to be calculated using the annual quantity of each waste stream processed and the mean organic concentration of each waste stream managed in the unit.
         3. (2) Using knowledge of the waste to determine that its total organic concentration is less than 10 ppmw. Documentation of the waste determination is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 ppmw, or prior speciation analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the waste total organic concentration.

(e) The determination that distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations manage hazardous wastes with time-weighted, annual average total organic concentrations less than 10 ppmw shall be made as follows:

1. (1) By the effective date that the facility becomes subject to the provisions of this subpart or by the date when the waste is first managed in a waste management unit, whichever is later, and (2) For continuously generated waste, annually, or (3) Whenever there is a change in the waste being managed or a change in the process that generates or treats the waste.

(f) When an owner or operator and the Director do not agree on whether a distillation, fractionation, thin- film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous waste with organic concentrations of at least 10 ppmw based on knowledge of the waste, the procedures in Method 8260 of SW-846 (incorporated by reference under § 260.11) may be used to resolve the dispute.

§264.1035 Recordkeeping requirements.

(a)

1. (l) Each owner or operator subject to the provisions of this subpart shall comply with the recordkeeping requirements of this section.
   1. (2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this subpart may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.

(b) Owners and operators must record the following information in the facility operating record:

1. (1) For facilities that comply with the provisions of § 264.1033(a)(2), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule must also include a rationale of why the installation cannot be completed at an earlier date. The implementation schedule must be in the faculty operating record by the effective date that the facility becomes subject to the provisions of this subpart.
   1. (2) Up-to-date documentation of compliance with the process vent standards in § 264.1032, including:
      1. (i) Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan).
         1. (ii) Information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, determinations of vent emissions and emission reductions must be made using operating parameter values (e.g., temperatures, flow rates, or vent stream organic compounds and concentrations) that represent the conditions that result in maximum organic emissions, such as when the waste management unit is operating at the highest load or capacity level reasonably expected to occur. If the owner or operator takes any action (e.g., managing a waste of different composition or increasing operating hours of affected waste management units) that would result in an increase in total organic emissions from affected process vents at the facility, then a new determination is required.
         2. (3) Where an owner or operator chooses to use test data to determine the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan. The test plan must include:
         3. (i) A description of how it is determined that the planned test is going to be conducted when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. This shall include the estimated or design flow rate and organic content of each vent stream and define the acceptable operating ranges of key process and control device parameters during the test program.
         4. (ii) A detailed engineering description of the closed-vent system and control device including:
         5. (A) Manufacturer's name and model number of control device.
         6. (B) Type of control device.
         7. (C) Dimensions of the control device.
         8. (D) Capacity.
         9. (E) Construction materials.
         10. (iii) A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
         11. (4) Documentation of compliance with § 264.1033 shall include the following information:
         12. (i) A list of all information references and sources used in preparing the documentation.
         13. (ii) Records, including the dates, of each compliance test required by § 264.1033(k).
         14. (iii) If engineering calculations are used, a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of “APTI Course 415: Control of Gaseous Emissions” (incorporated by reference as specified in § 260.11) or other engineering texts acceptable to the Director that present basic control device design information. Documentation provided by the control device manufacturer or vendor that describes the control device design in accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this section may be used to comply with this requirement. The design analysis shall address the vent stream characteristics and control device operation parameters as specified below.
         15. (A) For a thermal vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperature in the combustion zone and the combustion zone residence time.
         16. (B) For a catalytic vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperatures across the catalyst bed inlet and outlet.
         17. (C) For a boiler or process heater, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average flame zone temperatures, combustion zone residence time, and description of method and location where the vent stream is introduced into the combustion zone.
         18. (D) For a flare, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also consider the requirements specified in § 264.1033(d).
         19. (E) For a condenser, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and design average temperatures of the coolant fluid at the condenser inlet and outlet.
         20. (F) For a carbon adsorption system such as a fixed-bed adsorber that regenerates the carbon bed directly onsite in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, number and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total steam flow over the period of each complete carbon bed regeneration cycle, duration of the carbon bed steaming and cooling/drying cycles, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of carbon.
         21. (G) For a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly onsite in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule.
         22. (iv) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur.
         23. (v) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentration limit of § 264.1032(a) is achieved at an efficiency less than 95 weight percent or the total organic emission limits of § 264.1032(a) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent. A statement provided by the control device manufacturer or vendor certifying that the control equipment meets the design specifications may be used to comply with this requirement.
         24. (vi) If performance tests are used to demonstrate compliance, all test results.

(c) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of this part shall be recorded and kept up-to-date in the facility operating record. The information shall include:

1. (1) Description and date of each modification that is made to the closed-vent system or control device design.
   1. (2) Identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with § 264.1033(f)(1) and (f)(2).
      1. (3) Monitoring, operating, and inspection information required by paragraphs (f) through (k) of §264.1033.
         1. (4) Date, time, and duration of each period that occurs while the control device is operating when any monitored parameter exceeds the value established in the control device design analysis as specified below:
         2. (i) For a thermal vapor incinerator designed to operate with a minimum residence time of
         3. 0.50 second at a minimum temperature of 760 °C period when the combustion

            temperature is below 760 °C.

         4. (ii) For a thermal vapor incinerator designed to operate with an organic emission reduction efficiency of 95 weight percent or greater period when the combustion zone temperature is more than 28 °C below the design average combustion zone temperature established as a requirement of paragraph (b)(4)(iii)(A) of this section.
         5. (iii) For a catalytic vapor incinerator, period when:
         6. (A) Temperature of the vent stream at the catalyst bed inlet is more than 28°C below the average temperature of the inlet vent stream established as a requirement of paragraph (b)(4)(iii)(B) of this section, or (B) Temperature difference across the catalyst bed is less than 80 percent of the design average temperature difference established as a requirement of paragraph (b)(4)(iii)(B) of this section.
         7. (iv) For a boiler or process heater, period when:
         8. (A) Flame zone temperature is more than 28 °C below the design average flame zone temperature established as a requirement of paragraph (b)(4)(iii)(C) of this section, or (B) Position changes where the vent stream is introduced to the combustion zone from the location established as a requirement of paragraph (b)(4) (iii)(C) of this section.
         9. (v) For a flare, period when the pilot flame is not ignited.
         10. (vi) For a condenser that complies with § 264.1033(f)(2)(vi)(A), period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the condenser are more than 20 percent greater than the design outlet organic compound concentration level established as a requirement of paragraph (b)(4)(iii)(E) of this section.
         11. (vii) For a condenser that complies with § 264.1033(f)(2)(vi)(B), period when:
         12. (A) Temperature of the exhaust vent stream from the condenser is more than 6°C above the design average exhaust vent stream temperature established as a requirement of paragraph (b)(4)(iii)(E) of this section; or (B) Temperature of the coolant fluid exiting the condenser is more than 6°C above the design average coolant fluid temperature at the condenser outlet established as a requirement of paragraph (b)(4)(iii)(E) of this section.
         13. (viii) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in the control device and complex with § 264.1033(f)(2)(vii)(A), period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the carbon bed are more than 20 percent greater than the design exhaust vent stream organic compound concentration level established as a requirement of paragraph (b)(4)(iii)(F) of this section.
         14. (ix) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in the control device and complies with § 264.1033(f)(2)(vii)(B), period when the vent stream continues to flow through the control device beyond the predetermined carbon bed regeneration time established as a requirement of paragraph (b)(4)(iii)(F) of this section.
         15. (5) Explanation for each period recorded under paragraph (4) of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation.
         16. (6) For a carbon adsorption system operated subject to requirements specified in § 264.1033(g) or § 264.1033(h)(2), date when existing carbon in the control device is replaced with fresh carbon.
         17. (7) For a carbon adsorption system operated subject to requirements specified in § 264.1033(h) (1), a log that records:
         18. (i) Date and time when control device is monitored for carbon breakthrough and the monitoring device reading.
         19. (ii) Date when existing carbon in the control device is replaced with fresh carbon.
         20. (8) Date of each control device startup and shutdown.
         21. (9) An owner or operator designating any components of a closed-vent system as unsafe to monitor pursuant to § 264.1033(o) of this subpart shall record in a log that is kept in the facility operating record the identification of closed-vent system components that are designated as unsafe to monitor in accordance with the requirements of § 264.1033(o) of this subpart, an explanation for each closed-vent system component stating why the closed-vent system component is unsafe to monitor, and the plan for monitoring each closed-vent system component.
         22. (10) When each leak is detected as specified in § 264.1033(1) of this subpart, the following information shall be recorded:
         23. (i) The instrument identification number, the closed-vent system component identification number, and the operator name, initials, or identification number.
         24. (ii) The date the leak was detected and the date of first attempt to repair the leak.
         25. (iii) The date of successful repair of the leak.
         26. (iv) Maximum instrument reading measured by Method 21 of 40 CFR Part 60, Appendix A after it is successfully repaired or determined to be nonrepairable.
         27. (v) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
         28. (A) The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure.
         29. (B) If delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on-site before depletion and the reason for depletion.

(d) Records of the monitoring, operating, and inspection information required by paragraphs (c)(3) through (c)(10) of this section shall be maintained by the owner or operator for at least three years following the date of each occurrence, measurement, maintenance, corrective action, or record.

(e) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, the Director will specify the appropriate recordkeeping requirements.

(f) Up-to-date information and data used to determine whether or not a process vent is subject to the requirements in § 264.1032 including supporting documentation as required by § 264.1034(d)(2) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used, shall be recorded in a log that is kept in the facility operating record.

§264.1036 Reporting requirements.

(a) A semiannual report shall be submitted by owners and operators subject to the requirements of this subpart to the Director by dates specified by the Director. The report shall include the following information:

1. (1) The Environmental Protection Agency identification number, name, and address of the facility.
   1. (2) For each month during the semiannual reporting period, dates when the control device exceeded or operated outside of the design specifications as defined in § 264.1035(c)(4) and as indicated by the control device monitoring required by § 264.1033(f) and such exceedances were not corrected within 24 hours, or that a flare operated with visible emissions as defined in § 264.1033(d) and as determined by Method 22 monitoring, the duration and cause of each exceedance or visible emissions, and any corrective measures taken.

(b) If, during the semiannual reporting period, the control device does not exceed or operate outside of the design specifications as defined in § 264.1035(c)(4) for more than 24 hours or a flare does not operate with visible emissions as defined in § 264.1033(d), a report to the Director is not required.

§§264.1037 - 264.1049 [Reserved] Subpart BB - Air Emission Standards for Equipment Leaks §264.1050 Applicability.

(a) The regulations in this subpart apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in § 264.1).

(b) Except as provided in § 264.1064(k), this subpart applies to equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight that are managed in one of the following:

1. (1) A unit that is subject to the permitting requirements of Part 100, or (2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of § 262.34(a) (i.e., a hazardous waste recycling unit that is not a “90-day” tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of Part 100.
   1. (3) A unit that is exempt from permitting under the provisions of § 262.34(a) (i.e., a “90-day” tank or container) and is not a recycling unit under the provisions of § 261.6 of these regulations.

(c) For the owner or operator of a facility subject to this subpart and who received a final permit under RCRA section 3005 prior to December 6, 1996, the requirements of this subpart shall be incorporated into the permit when the permit is reissued in accordance with the requirements of §

1. 100.511 of these regulations or reviewed in accordance with the requirements of § 100.45(d) of these regulations. Until such date when the owner and operator receives a final permit incorporating the requirements of this subpart, the owner and operator is subject to the requirements of 40 CFR 265, Subpart BB.

(d) Each piece of equipment to which this subpart applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment.

(e) Equipment that is in vacuum service is excluded from the requirements of § 264.1052 to § 264.1060 if it is identified as required in § 264.1064(g)(5).

(f) Equipment that contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year is excluded from the requirements of §§ 264.1052 through 264.1060 of this subpart if it is identified, as required in § 264.1064(g)(6) of this subpart.

1. Note: The requirements of §§ 264.1052 through 264.1065 apply to equipment associated with hazardous waste recycling units previously exempt under § 261.6(c)(l). Other exemptions under §§ 261.4 and 264.1(g) are not affected by these requirements. §264.1051 Definitions.

As used in this subpart, all terms shall have the meaning given them in § 264.1031, the Act, and Parts 260 through 267.

§264.1052 Standards: Pumps in light liquid service.

(a)

1. (1) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in § 264.1063(b), except as provided in paragraphs (d), (e), and (f) of this section.
   1. (2) Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal. (b)
      1. (l) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected. (2)If there are indications of liquids dripping from the pump seal, a leak is detected. (c)
         1. (1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 264.1059.
         2. (2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later than 5 calendar days after each leak is detected.

(d) Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of paragraph (a) of this section, provided the following requirements are met:

1. (1) Each dual mechanical seal system must be:
   1. (i) Operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure, or (ii) Equipped with a barrier fluid degassing reservoir that is connected by a closed-vent system to a control device that complies with the requirements of § 264.1060, or (iii) Equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere.
      1. (2) The barrier fluid system must not be a hazardous waste with organic concentrations 10 percent or greater by weight.
         1. (3) Each barrier fluid system must be equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both.
         2. (4) Each pump must be checked by visual inspection, each calendar week, for indications of liquids dripping from the pump seals.

            (5)

         3. (i) Each sensor as described in paragraph (d)(3) of this section must be checked daily or be equipped with an audible alarm that must be checked monthly to ensure that it is functioning properly.
         4. (ii) The owner or operator must determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.

            (6)

         5. (i) If there are indications of liquids dripping from the pump seal or the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined in paragraph (d)(5)(ii) of this section, a leak is detected.
         6. (ii) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 264.1059.
         7. (iii) A first attempt at repair (e.g, relapping the seal) shall be made no later than 5 calendar days after each leak is detected.

(e) Any pump that is designated, as described in § 264.1064(g)(2), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of paragraphs (a), (c), and (d) of this section if the pump meets the following requirements:

1. (1) Must have no externally actuated shaft penetrating the pump housing.
   1. (2) Must operate with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background as measured by the methods specified in § 264.1063(c).
      1. (3) Must be tested for compliance with paragraph (e)(2) of this section initially upon designation, annually, and at other times as requested by the Director.

(f) If any pump is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal or seals to a control device that complies with the requirements of § 264.1060, it is exempt from the requirements of paragraphs (a) through (e) of this section. §264.1053 Standards: Compressors.

(a) Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of total organic emissions to the atmosphere, except as provided in paragraphs

1. (h) and (i) of this section.

(b) Each compressor seal system as required in paragraph (a) of this section shall be:

1. (1) Operated with the barrier fluid at a pressure that is at all times greater than the compressor stuffing box pressure, or (2) Equipped with a barrier fluid system that is connected by a closed-vent system to a control device that complies with the requirements of § 264.1060, or (3) Equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to atmosphere.

(c) The barrier fluid must not be a hazardous waste with organic concentrations 10 percent or greater by weight.

(d) Each barrier fluid system as described in paragraphs (a) through (c) of this section shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both. (e)

1. (1) Each sensor as required in paragraph (d) of this section shall be checked daily or shall be equipped with an audible alarm that must be checked monthly to ensure that it is functioning properly unless the compressor is located within the boundary of an unmanned plant site, in which case the sensor must be checked daily.
   1. (2) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.

(f) If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined under paragraph (e)(2) of this section, a leak is detected. (g)

1. (1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 264.1059.
   1. (2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later than 5 calendar days after each leak is detected.

(h) A compressor is exempt from the requirements of paragraphs (a) and (b) of this section if it is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal to a control device that complies with the requirements of § 264.1060, except as provided in paragraph (i) of this section.

(i) Any compressor that is designated, as described in § 264.1064(g)(2), for no detectable emissions as indicated by an instrument reading of less than 500 ppm above background is exempt from the requirements of paragraphs (a) through (h) of this section if the compressor: (1)Is determined to be operating with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in § 264.1063(c).

1. (2) Is tested for compliance with paragraph (i)(l) of this section initially upon designation, annually, and at other times as requested by the Director. §264.1054 Standards: Pressure relief devices in gas/vapor service.

(a) Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in § 264.1063(c). (b)

1. (1) After each pressure release, the pressure relief device shall be returned to a condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as soon as practicable, but no later than 5 calendar days after each pressure release, except as provided in § 264.1059.
   1. (2) No later than 5 calendar days after the pressure release, the pressure relief device shall be monitored to confirm the condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in § 264.1063(c).

(c) Any pressure relief device that is equipped with a closed-vent system capable of capturing and transporting leakage from the pressure relief device to a control device as described in §

1. 264.1060 is exempt from the requirements of paragraphs (a) and (b) of this section. §264.1055 Standards: Sampling connecting systems.

(a) Each sampling connection system shall be equipped with a closed purge, closed-loop, or closed-vent system. This system shall collect the sample purge for return to the process or for routing to the appropriate treatment system. Gases displaced during filling of the sample container are not required to be collected or captured.

(b) Each closed-purge, closed-loop, or closed-vent system as required in paragraph (a) of this section shall meet one of the following requirements:

1. (1) Return the purged process fluid directly to the process line;
   1. (2) Collect and recycle the purged process fluid; or (3) Be designed and operated to capture and transport all the purged process fluid to a waste management unit that complies with the applicable requirements of § 264.1084 through § 264.1086 of this subpart or a control device that complies with the requirements of §
      1. 264.1060 of this subpart.

(c)In situ sampling systems and sampling systems without purges are exempt from the requirements of paragraphs (a) and (b) of this section.

§264.1056 Standards: Open-ended valves or lines.

(a)

1. (1) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve.
   1. (2) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring hazardous waste stream flow through the open-ended valve or line.

(b) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the hazardous waste stream end is dosed before the second valve is closed.

(c) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with paragraph

1. (a) of this section at all other times.

§264.1057 Standards: Valves in gas/vapor service or in light liquid service.

(a) Each valve in gas/vapor or light liquid service shall be monitored monthly to detect leaks by the methods specified in § 264.1063(b) and shall comply with paragraphs (b) through (e) of this section, except as provided in paragraphs (f), (g), and (h) of this section, and §§ 264.1061 and 264.1062.

(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected. (c)

1. (1) Any valve for which a leak is not detected for two successive months may be monitored the first month of every succeeding quarter, beginning with the next quarter, until a leak is detected.
   1. (2) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for two successive months.

(d)

1. (1) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in § 264.1059.
   1. (2) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

(e) First attempts at repair include, but are not limited to, the following best practices where practicable:

1. (1) Tightening of bonnet bolts.
   1. (2) Replacement of bonnet bolts.
      1. (3) Tightening of packing gland nuts.
         1. (4) Injection of lubricant into lubricated packing.

(f) Any valve that is designated, as described in § 264.1064(g)(2), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of paragraph (a) of this section if the valve:

1. (1) Has no external actuating mechanism in contact with the hazardous waste stream.
   1. (2) Is operated with emissions less than 500 ppm above background as determined by the method specified in § 264.1063(c).
      1. (3) Is tested for compliance with paragraph (f)(2) of this section initially upon designation, annually, and at other times as requested by the Director.

(g) Any valve that is designated, as described in § 264.1064(h)(1), as an unsafe-to-monitor valve is exempt from the requirements of paragraph (a) of this section if:

1. (1) The owner or operator of the valve determines that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraph (a) of this section.
   1. (2) The owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor tunes.

(h) Any valve that is designated, as described in § 264.1064(h)(2), as a difficult-to-monitor valve is exempt from the requirements of paragraph (a) of this section if:

1. (1) The owner or operator of the valve determines that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters above a support surface.
   1. (2) The hazardous waste management unit within which the valve is located was in operation before June 21,1990.
      1. (3) The owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.

§264.1058 Standards: Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors.

(a) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within 5 days by the method specified in § 264.1063(b) if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method.

(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected. (c)

1. (1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 264.1059.
   1. (2) The first attempt at repair shall be made no later than 5 calendar days after each leak is detected.

(d) First attempts at repair include, but are not limited to, the best practices described under § 264.1057(e).

(e) Any connector that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt from the monitoring requirements of paragraph (a) of this section and from the recordkeeping requirements of § 264.1064 of this subpart. §264.1059 Standards: Delay of repair.

(a) Delay of repair of equipment for which leaks have been detected will be allowed if the repair is technically infeasible without a hazardous waste management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous waste management unit shutdown.

(b) Delay of repair of equipment for which leaks have been detected will be allowed for equipment that is isolated from the hazardous waste management unit and that does not continue to contain or contact hazardous waste with organic concentrations at least 10 percent by weight.

(c) Delay of repair for valves will be allowed if:

1. (1) The owner or operator determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair.
   1. (2) When repair procedures are affected, the purged material is collected and destroyed or recovered in a control device complying with § 264.1060.

(d) Delay of repair for pumps will be allowed if:

1. (1) Repair requires the use of a dual mechanical seal system that includes a barrier fluid system.
   1. (2) Repair is completed as soon as practicable, but not later than 6 months after the leak was detected.

(e) Delay of repair beyond a hazardous waste management unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the hazardous waste management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next hazardous waste management unit shutdown will not be allowed unless the next hazardous waste management unit shutdown occurs sooner than 6 months after the first hazardous waste management unit shutdown.

§264.1060 Standards: Closed-vent systems and control devices.

(a) Owners and operators of closed-vent systems and control devices subject to this subpart shall comply with the provisions of § 264.1033 of this part.

(b)

1. (1) The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this subpart on the effective date that the facility becomes subject to the provisions of this subpart must prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this subpart for installation and startup.
   1. (2) Any unit that begins operation after December 21, 1990, and is subject to the provisions of this subpart when operation begins, must comply with the rules immediately (i.e., must have control devices installed and operating on startup of the affected unit); the 30-month implementation schedule does not apply.
      1. (3) The owner or operator of any facility in existence on the effective date of a statutory or EPA regulatory amendment that renders the facility subject to this subpart shall comply with all requirements of this subpart as soon as practicable but no later than 30 months after the amendment's effective date. When control equipment required by this subpart can not be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes the following information: Specific calendar dates for award or contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this subpart. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility.
         1. (4) Owners and operators of facilities and units that become newly subject to the requirements of this subpart after December 8,1997, due to an action other than those described in paragraph (b)(3) of this section must comply with all applicable requirements immediately (i.e., must have control devices installed and operating on the date the facility or unit becomes subject to this subpart; the 30-month implementation schedule does not apply). §264.1061 Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak.

(a) An owner or operator subject to the requirements of § 264.1057 may elect to have all valves within a hazardous waste management unit comply with an alternative standard that allows no greater than 2 percent of the valves to leak.

(b) The following requirements shall be met if an owner or operator decides to comply with the alternative standard of allowing 2 percent of valves to leak:

1. (1) An owner or operator must notify the Director that the owner or operator has elected to comply with the requirements of this section.
   1. (2) A performance test as specified in paragraph (c) of this section shall be conducted initially upon designation, annually, and at other times requested by the Director.
      1. (3) If a valve leak is detected, it shall be repaired in accordance with § 264.1057(d) and (e). (c)Performance tests shall be conducted in the following manner:
         1. (1) All valves subject to the requirements in § 264.1057 within the hazardous waste management unit shall be monitored within 1 week by the methods specified in § 264.1063(b).
         2. (2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
         3. (3) The leak percentage shall be determined by dividing the number of valves subject to the requirements in § 264.1057 for which leaks are detected by the total number of valves subject to the requirements in § 264.1057 within the hazardous waste management unit. (d)If an owner or operator decides to comply with this section no longer, the owner or operator must notify the Director in writing that the work practice standard described in § 264.1057(a) through (e) will be followed.

§264.1062 Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair.

(a)

1. (1) An owner or operator subject to the requirements of § 264.1057 may elect for all valves within a hazardous waste management unit to comply with one of the alternative work practices specified in paragraphs (b)(2) and (3) of this section.
   1. (2) An owner or operator must notify the Director before implementing one of the alternative work practices.

(b)

1. (1) An owner or operator shall comply with the requirements for valves, as described in § 264.1057, except as described in paragraphs (b)(2) and (b)(3) of this section.
   1. (2) After two consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, an owner or operator may begin to skip one of the quarterly leak detection periods (i.e., monitor for leaks once every six months) for the valves subject to the requirements in § 264.1057 of this subpart.
      1. (3) After five consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, an owner or operator may begin to skip three of the quarterly leak detection periods (i.e., monitor for leaks once every year) for the valves subject to the requirements in § 264.1057 of this subpart.
         1. (4) If the percentage of valves leaking is greater than 2 percent, the owner or operator shall monitor monthly in compliance with the requirements in § 264.1057, but may again elect to use this section after meeting the requirements of § 264.1057(c)(1). §264.1063 Test methods and procedures.

(a) Each owner or operator subject to the provisions of this subpart shall comply with the test methods and procedures requirements provided in this section.

(b) Leak detection monitoring, as required in §§ 264.1052 through 264.1062, shall comply with the following requirements:

1. (1) Monitoring shall comply with Reference Method 21 in 40 CFR Part 60.
   1. (2) The detection instrument shall meet the performance criteria of Reference Method 21.
      1. (3) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21.
         1. (4) Calibration gases shall be:
         2. (i) Zero air (less than 10 ppm of hydrocarbon in air).
         3. (ii) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
         4. (5) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.

(c) When equipment is tested for compliance with no detectable emissions, as required in §§ 264.1052(e), 264.1053(i), 264.1054, and 264.1057(f), the test shall comply with the following requirements:

1. (1) The requirements of paragraphs (b)(1) through (4) of this section shall apply.
   1. (2) The background level shall be determined as set forth in Reference Method 21.
      1. (3) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.
         1. (4) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.

(d) In accordance with the waste analysis plan required by § 264.13(b), an owner or operator of a facility must determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with organic concentration that equals or exceeds 10 percent by weight using the following:

1. (1 Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85 (incorporated by reference under § 260.11);
   1. (2) Method 9060 or 8260 of SW-846 (incorporated by reference under § 260.11); or (3) Application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced. Documentation of a waste determination by knowledge is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to have a total organic content less than 10 percent, or prior speciation analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the waste total organic concentration.

(e) If an owner or operator determines that a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the determination can be revised only after following the procedures in paragraph (d)(1) or (d)(2) of this section.

(f) When an owner or operator and the Director do not agree on whether a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the procedures in paragraph (d)(1) or (d)(2) of this section can be used to resolve the dispute.

(g) Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous waste that is expected to be contained in or contact the equipment.

(h) To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by ASTM D-2879-86 (incorporated by reference under § 260.11).

(i) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with the procedures of § 264.1034(c)(1) through (c)(4). §264.1064 Recordkeeping requirements.

(a)

1. (1) Each owner or operator subject to the provisions of this subpart shall comply with the recordkeeping requirements of this section.
   1. (2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this subpart may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.

(b) Owners and operators must record the following information in the facility operating record:

1. (1) For each piece of equipment to which Subpart BB of Part 264 applies:
   1. (i) Equipment identification number and hazardous waste management unit identification.
      1. (ii) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan).
         1. (iii) Type of equipment (e.g. a pump or pipeline valve).
         2. (iv) Percent-by-weight total organics in the hazardous waste stream at the equipment.
         3. (v) Hazardous waste state at the equipment (e.g., gas/vapor or liquid).
         4. (vi) Method of compliance with the standard (e.g., “monthly leak detection and repair” or “equipped with dual mechanical seals”).

            (2)For facilities that comply with the provisions of § 264.1033(a)(2), an implementation schedule as specified in § 264.1033(a)(2).

         5. (3) Where an owner or operator chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan as specified in § 264.1035(b)(3).
         6. (4) Documentation of compliance with § 264.1060, including the detailed design documentation or performance test results specified in § 264.1035(b)(4).

(c) When each leak is detected as specified in §§ 264.1052, 264.1053, 264.1057, and 264.1058, the following requirements apply:

1. (1) A weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found in accordance with § 264.1058(a), and the date the leak was detected, shall be attached to the leaking equipment.
   1. (2) The identification on equipment, except on a valve, may be removed after it has been repaired.
      1. (3) The identification on a valve may be removed after it has been monitored for 2 successive months as specified in §§ 264.1057(c) and no leak has been detected during those 2 months.

(d)When each leak is detected as specified in §§ 264.1052, 264.1053, 264.1057, and 264.1058, the following information shall be recorded in an inspection log and shall be kept in the facility operating record:

1. (1) The instrument and operator identification numbers and the equipment identification number.
   1. (2) The date evidence of a potential leak was found in accordance with § 264.1058(a).
      1. (3) The date the leak was detected and the dates of each attempt to repair the leak.
         1. (4) Repair methods applied in each attempt to repair the leak.
         2. (5) “Above 10,000” if the maximum instrument reading measured by the methods specified in § 264.1063(b) after each repair attempt is equal to or greater than 10,000 ppm.
         3. (6) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
         4. (7) Documentation supporting the delay of repair of a valve in compliance with § 264.1059(c).
         5. (8) The signature of the owner or operator (or designate) whose decision it was that repair could not be effected without a hazardous waste management unit shutdown.
         6. (9) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days.
         7. (10) The date of successful repair of the leak.

(e) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of § 264.1060 shall be recorded and kept up-to-date in the facility operating record as specified in § 264.1035(c). Design documentation is specified in § 264.1035(c)(1) and (c)(2) and monitoring, operating, and inspection information in § 264.1035(c)(3) through (c)(8).

(f) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, the Director will specify the appropriate recordkeeping requirements.

(g) The following information pertaining to all equipment subject to the requirements in §§ 264.1052 through 264.1060 shall be recordcd in a log that is kept in the facility operating record:

1. (1) A list of identification numbers for equipment (except welded fittings) subject to the requirements of this subpart.
   1. (2)
      1. (i) A list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less to 500 ppm above background, under the provisions of §§ 264.1052(e), 264.1053(i), and 264.1057(f).
         1. (ii) The designation of this equipment as subject to the requirements of §§ 264.1052(e), 264.1053(i), or 264.1057(f) shall be signed by the owner or operator.
         2. (3) A list of equipment identification numbers for pressure relief devices required to comply with § 264.1054(a).

            (4)

         3. (i) The dates of each compliance test required in §§ 264.1052(e), 264.1053(i), 264.1054 and 264.1057(f).
         4. (ii) The background level measured during each compliance test.
         5. (iii) The maximum instrument reading measured at the equipment during each compliance test.
         6. (5) A list of identification numbers for equipment in vacuum service.
         7. (6) Identification, either by list or location (area or group) of equipment that contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year.

(h)The following information pertaining to all valves subject to the requirements of § 264.1057(g) and (h) shall be recorded in a log that is kept in the facility operating record:

1. (1) A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve.
   1. (2) A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve.

(i) The following information shall be recorded in the facility operating record for valves complying with § 264.1062:

1. (1) A schedule of monitoring.
   1. (2) The percent of valves found leaking during each monitoring period.

(j) The following information shall be recorded in a log that is kept in the facility operating record:

1. (1) Criteria required in § 264.1052(d)(5)(ii) and § 264.1053(e)(2) and an explanation of the design criteria.
   1. (2) Any changes to these criteria and the reasons for the changes.

(k) The following information shall be recorded in a log that is kept in the facility operating record for use in determining exemptions as provided in the applicability section of this subpart and other specific subparts:

1. (1) An analysis determining the design capacity of the hazardous waste management unit.
   1. (2) A statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to the requirements in §§ 264.1052 through 264.1060 and an analysis determining whether these hazardous wastes are heavy liquids.
      1. (3) An up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in §§ 264.1052 through 264.1060. The record shall include supporting documentation as required by § 264.1063(d)(3) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used. If the owner or operator takes any action (e.g., changing the process that produced the waste) that could result in an increase in the total organic content of the waste contained in or contacted by equipment determined not to be subject to the requirements in §§ 264.1052 through 264.1060, then a new determination is required.

(l) Records of the equipment leak information required by paragraph (d) of this section and the operating information required by paragraph (e) of this section need be kept only 3 years.

(m) The owner or operator of a facility with equipment that is subject to this subpart and to regulations at 40 CFR Part 60, Part 61, or Part 63 may elect to determine compliance with this subpart either by documentation pursuant to § 264.1064 of this subpart, or by documentation of compliance with the regulations at 40 CFR Part 60, Part 61, or Part 63 pursuant to the relevant provisions of the regulations at 40 CFR Part 60, Part 61, or Part 63. The documentation of compliance under the regulations at 40 CFR Part 60, Part 61, or Part 63 shall be kept with or made readily available with the facility operating record.

§264.1065 Reporting requirements.

(a) A semiannual report shall be submitted by owners and operators subject to the requirements of this subpart to the Director by dates specified by the Director. The report shall include the following information:

1. (1) The Environmental Protection Agency identification number, name, and address of the facility.
   1. (2) For each month during the semiannual reporting period:
      1. (i) The equipment identification number of each valve for which a leak was not repaired as required in § 264.1057(d).
         1. (ii) The equipment identification number of each pump for which a leak was not repaired as required in § 264.1052(c) and (d)(6).
         2. (iii) The equipment identification number of each compressor for which a leak was not repaired as required in § 264.1053(g).
         3. (3) Dates of hazardous waste management unit shutdowns that occurred within the semiannual reporting period.
         4. (4) For each month during the semiannual reporting period, dates when the control device installed as required by § 264.1052, 264.1053, 264.1054, or 264.1055 exceeded or operated outside of the design specifications as defined in § 264.1064(e) and as indicated by the control device monitoring required by § 264.1060 and was not corrected within 24 hours, the duration and cause of each exceedance, and any corrective measures taken.

(b) If, during the semiannual reporting period, leaks from valves, pumps, and compressors are repaired as required in §§ 264.1057(d), 264.1052(c) and (d)(6), and 264.1053(g), respectively, and the control device does not exceed or operate outside of the design specifications as defined in § 264.1064(e) for more than 24 hours, a report to the Director is not required. §§264.1066 - 264.1079 [Reserved] Subpart CC - Air Emission Standards for Tanks, Surface Impoundments, and Containers §264.1080 Applicability.

(a) The requirements of this subpart apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers subject to either Subpart I, J, or K of this part except as § 264.1 and paragraph (b) of this section provide otherwise.

(b) The requirements of this subpart do not apply to the following waste management units at the facility:

1. (1) A waste management unit that holds hazardous waste placed in the unit before December 6, 1996, and in which no hazardous waste is added to the unit on or after December 6, 1996.
   1. (2) A container that has a design capacity less than or equal to 0.1 m3 (approximately 26 gallons).
      1. (3) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
         1. (4) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
         2. (5) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of RCRA sections 3004(u), 3004(v) or 3008(h), CERCLA authorities, or similar Federal or State authorities.
         3. (6) A waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations under the authority of the Atomic Energy Act and the Nuclear Waste Policy Act.
         4. (7) A hazardous waste management unit that the owner or operator certifies is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR Part 60, Part 61, or Part 63. For the purpose of complying with this paragraph, a tank for which the air emission control includes an enclosure, as opposed to a cover, must be in compliance with the enclosure and control device requirements of § 264.1084(i), except as provided in § 264.1082(c)(5).
         5. (8) A tank that has a process vent as defined in § 264.1031 of these regulations.

(c) For the owner and operator of a facility subject to this subpart who received a final permit under RCRA section 3005 prior to December 6, 1996, the requirements of this subpart shall be incorporated into the permit when the permit is reissued in accordance with the requirements of §

1. 100.511 of these regulations or reviewed in accordance with the requirements of § 100.45(d) of these regulations. Until such date when the permit is reissued in accordance with the requirements of § 100.511 of these regulations or reviewed in accordance with the requirements of § 100.45 of these regulations, the owner and operator is subject to the requirements of Part 265, Subpart CC.

(d) The requirements of this subpart, except for the recordkeeping requirements specified in § 264.1089(i) of this subpart, are administratively stayed for a tank or a container used for the management of hazardous waste generated by organic peroxide manufacturing and its associated laboratory operations when the owner or operator of the unit meets all of the following conditions:

1. (1) The owner or operator identifies that the tank or container receives hazardous waste generated by an organic peroxide manufacturing process producing more than one functional family of organic peroxides or multiple organic peroxides within one functional family, that one or more of these organic peroxides could potentially undergo self- accelerating thermal decomposition at or below ambient temperatures, and that organic peroxides are the predominant products manufactured by the process. For the purpose of meeting the conditions of this paragraph, “organic peroxide” means an organic compound that contains the bivalent 0-0 structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
   1. (2) The owner or operator prepares documentation, in accordance with the requirements of § 264.1089(i) of this subpart, explaining why an undue safety hazard would be created if air emission controls specified in §§ 264.1084 through 264.1087 of this subpart are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process or processes meeting the conditions of paragraph (d)(1) of this section.
      1. (3) The owner or operator notifies the Director in writing that hazardous waste generated by an organic peroxide manufacturing process or processes meeting the conditions of paragraph (d)(1) of this section are managed at the facility in tanks or containers meeting the conditions of paragraph (d)(2) of this section. The notification shall state the name and address of the facility, and be signed and dated by an authorized representative of the facility owner or operator.

§264.1081 Definitions.

As used in this subpart, all terms shall have the meaning given to them in § 265.1081, the Act, and Parts 260 through 267 of these regulations.

§264.1082 Standards: General (a) This section applies to the management of hazardous waste in tanks, surface impoundments, and containers subject to this subpart.

(b) The owner or operator shall control air pollutant emissions from each hazardous waste management unit in accordance with standards specified in §§ 264.1084 through 264.1087 of this subpart, as applicable to the hazardous waste management unit, except as provided for in paragraph (c) of this section.

(c) A tank, surface impoundment, or container is exempt from standards specified in §§ 264.1084 through

1. 264.1087 of this subpart, as applicable, provided that the waste management unit is one of the following:
   1. (1) A tank, surface impoundment, or container for which all hazardous waste entering the unit has an average volatile organic (VO) concentration at the point of waste origination of less than 500 parts per million by weight (ppmw). The average VO concentration shall be determined using the procedures specified in § 264.1083(a) of this subpart. The owner or operator shall review and update, as necessary, this determination at least once every 12 months following the date of the initial determination for the hazardous waste streams entering the unit.
      1. (2) A tank, surface impoundment, or container for which the organic content of all the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process that achieves any one of the following conditions:
         1. (i) A process that removes or destroys the organics contained in the hazardous waste to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit (C), established for the process. The average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process shall be determined using the procedures specified in § 264.1083(b) of this subpart.
         2. (ii) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the average VO concentration of the hazardous waste at the point of waste treatment is less than 100 ppmw. The organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in § 264.1083(b) of this subpart.
         3. (iii) A process that removes or destroys the organics contained in the hazardous waste to a level such that the actual organic mass removal rate (MR) for the process is equal to or greater than the required organic mass removal rate (RMR) established for the process. The required organic mass removal rate and the actual organic mass removal rate for the process shall be determined using the procedures specified in § 264.1083(b)of this subpart.
         4. (iv) A biological process that destroys or degrades the organics contained in the hazardous waste, such that either of the following conditions is met:
         5. (A) The organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency (R ) for the bio process is equal to or greater than 95 percent. The organic reduction efficiency and the organic biodegradation efficiency for the process shall be determined using the procedures specified in § 264.1083(b) of this subpart.
         6. (B) The total actual organic mass biodegradation rate (MR for all hazardous bio waste treated by the process is equal to or greater than the required organic mass removal rate (RMR). The required organic mass removal rate and the actual organic mass biodegradation rate for the process shall be determined using the procedures specified in § 264.1083(b) of this subpart.
         7. (v) A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions:
         8. (A) From the point of waste origination through the point where the hazardous waste enters the treatment process, the hazardous waste is managed continuously in waste management units which use air emission controls in accordance with the standards specified in §§ 264.1084 through
         9. 264.1087 of this subpart, as applicable to the waste management unit.
         10. (B) From the point of waste origination through the point where the hazardous waste enters the treatment process, any transfer of the hazardous waste is accomplished through continuous hard-piping or other dosed system transfer that does not allow exposure of the waste to the atmosphere. The Department considers a drain system that meets the requirements of 40 CFR Part 63, Subpart RR-National Emission Standards for Individual Drain Systems to be a closed system.
         11. (C) The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual waste streams entering the process or 500 ppmw, whichever value is lower. The average VO concentration of each individual waste stream at the point of waste origination shall be determined using the procedures specified in § 264.1083(a) of this subpart. The average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in § 264.1083(b) of this subpart.
         12. (vi) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent and the owner or operator certifies that the average VO concentration at the point of waste origination for each of the individual waste streams entering the process is less than 10,000 ppmw. The organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste origination shall be determined using the procedures specified in § 264.1083(b) and § 264.1083(a) of this subpart, respectively. (vii)A hazardous waste incinerator for which the owner or operator has either:
         13. (A) Been issued a final permit under Part 100 of these regulations which implements the requirements of Subpart O of this part; or (B) Has designed and operates the incinerator in accordance with the interim status requirements of Part 265, Subpart O of these regulations.
         14. (viii) A boiler or industrial furnace for which the owner or operator has either:
         15. (A) Been issued a final permit under Part 100 of these regulations which implements the requirements of 40 CFR Part 266, Subpart H, or (B) Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of 40 CFR Part 266, Subpart H.
         16. (ix) For the purpose of determining the performance of an organic destruction or removal process in accordance with the conditions in each of paragraphs (c)(2)(i) through (c)(2)(vi) of this section, the owner or operator shall account for VO concentrations determined to be below the limit of detection of the analytical method by using the following VO concentration:
         17. (A) If Method 25D in 40 CFR Part 60, Appendix A is used for the analysis, one- half the blank value determined in the method at section 4.4 of Method 25D in 40 CFR Part 60, Appendix A, or a value of 25 ppmw, whichever is less.
         18. (B) If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry's law constant value at least 0.1 mole-fraction-in-the-gas- phase/mole-fraction-in the-liquid-phase (0.1Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25 degrees Celsius.
         19. (3) A tank or surface impoundment used for biological treatment of hazardous waste in accordance with the requirements of paragraph (c)(2)(iv) of this section.
         20. (4) A tank, surface impoundment, or container for which all hazardous waste placed in the unit either:
         21. (i) Meets the numerical concentration limits for organic hazardous constituents, applicable to the hazardous waste, as specified in Part 268-Land Disposal Restrictions under Table “Treatment Standards for Hazardous Waste” in § 268.40 of these regulations; or (ii) The organic hazardous constituents in the waste have been treated by the treatment technology established by the EPA for the waste in § 268.42(a), or have been removed or destroyed by an equivalent method of treatment approved by EPA pursuant to § 268.42(b).
         22. (5) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:
         23. (i) The tank is located inside an enclosure vented to a control device that is designed and operated in accordance with all applicable requirements specified under 40 CFR Part 61, Subpart FF--National Emission Standards for Benzene Waste Operations for a facility at which the total annual benzene quantity from the facility waste is equal to or greater than 10 megagrams per year, (ii) The enclosure and control device serving the tank were installed and began operation prior to November 25, 1996 and (iii) The enclosure is designed and operated in accordance with the criteria for a permanent total enclosure as specified in “Procedure T-Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, Appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical or electrical equipment; or to direct air flow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to “Procedure T-Criteria for and Verification of a Permanent or Temporary Total Enclosure” annually.

(d) The Director may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of this section as follows:

1. (1) The waste determination for average VO concentration of a hazardous waste at the point of waste origination shall be performed using direct measurement in accordance with the applicable requirements of § 264.1083(a)of this subpart. The waste determination for a hazardous waste at the point of waste treatment shall be performed in accordance with the applicable requirements of § 264.1083(b) of this subpart.
   1. (2) In performing a waste determination pursuant to paragraph (d)(1) of this section, the sample preparation and analysis shall be conducted as follows:
      1. (i) In accordance with the method used by the owner or operator to perform the waste analysis, except in the case specified in paragraph (d)(2)(ii) of this section.
         1. (ii) If the Director determines that the method used by the owner or operator was not appropriate for the hazardous waste managed in the tank, surface impoundment, or container, then the Director may choose an appropriate method.
         2. (3) In a case when the owner or operator is requested to perform the waste determination, the Director may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.
         3. (4) In a case when the results of the waste determination performed or requested by the Director do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, then the results of the waste determination performed in accordance with the requirements of paragraph (d)(1) of this section shall be used to establish compliance with the requirements of this subpart.
         4. (5) In a case when the owner or operator has used an averaging period greater than 1 hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the Director may elect to establish compliance with this subpart by performing or requesting that the owner or operator perform a waste determination using direct measurement based on waste samples collected within a 1-hour period as follows:
         5. (i) The average VO concentration of the hazardous waste at the point of waste origination shall be determined by direct measurement in accordance with the requirements of § 264.1083(a) of this subpart.
         6. (ii) Results of the waste determination performed or requested by the Director showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 500 ppmw shall constitute noncompliance with this subpart except in a case as provided for in paragraph (d)(5)(iii) of this section.
         7. (iii) For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than 1 hour to be less than 500 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given 1-hour period may be equal to or greater than 500 ppmw, information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations, and other documentation) and recorded in the facility records in accordance with the requirements of § 264.1083(a) and § 264.1089 of this subpart shall be considered by the Director together with the results of the waste determination performed or requested by the Director in establishing compliance with this subpart. §264.1083 Waste determination procedures.

(a) Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination.

1. (1) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under the provisions of § 264.1082(c)(1) of this subpart from using air emission controls in accordance with standards specified in § 264.1084 through § 264.1087 of this subpart, as applicable to the waste management unit.
   1. (i) An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the hazardous waste stream is placed in a waste management unit exempted under the provisions of § 264.1082(c)(1) of this subpart from using air emission controls, and thereafter an initial determination of the average VO concentration of the waste stream shall be made for each averaging period that a hazardous waste is managed in the unit; and (ii) Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater that the applicable VO concentration limits specified in § 264.1082 of this subpart.
      1. (2) For a waste determination that is required by paragraph (a)(1) of this section, the average VO concentration of a hazardous waste at the point of waste origination shall be determined in accordance with the procedures specified in § 265.1084(a)(2) through (a)(4) of these regulations.

(b) Waste determination procedures for treated hazardous waste.

1. (1) An owner or operator shall perform the applicable waste determinations for each treated hazardous waste placed in waste management units exempted under the provisions of § 264.1082(c)(2)(i) through (c)(2)(vi) of this subpart from using air emission controls in accordance with standards specified in §§ 264.1084 through 264.1087 of this subpart, as applicable to the waste management unit.
   1. (i) An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the treated waste stream is placed in the exempt waste management unit, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination; and (ii) Perform a new waste determination whenever changes to the process generating or treating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level such that the applicable treatment conditions specified in § 264.1082(c)(2) of this subpart are not achieved.
      1. (2) The waste determination for a treated hazardous waste shall be performed in accordance with the procedures specified in § 265.1084(b)(2) through (b)(9) of these regulations, as applicable to the treated hazardous waste.

(c) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.

1. (1) An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in a tank using Tank Level 1 controls in accordance with standards specified in § 264.1084(c) of this subpart.
   1. (2) The maximum organic vapor pressure of the hazardous waste may be determined in accordance with the procedures specified in § 265.1084(c)(2) through (c)(4) of these regulations.

(d) The procedure for determining no detectable organic emissions for the purpose of complying with this subpart shall be conducted in accordance with the procedures specified in § 265.1084(d) of these regulations.

§264.1084 Standards: Tanks.

(a) The provisions of this section apply to the control of air pollutant emissions from tanks for which § 264.1082(b) of this subpart references the use of this section for such air emission control.

(b) The owner or operator shall control air pollutant emissions from each tank subject to this section in accordance with the following requirements as applicable:

1. (1) For a tank that manages hazardous waste that meets all of the conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this section, the owner or operator shall control air pollutant emissions from the tank in accordance with the Tank Level 1 controls specified in paragraph (c) of this section or the Tank Level 2 controls specified in paragraph (d) of this section.
   1. (i) The hazardous waste in the tank has a maximum organic vapor pressure which is less than the maximum organic vapor pressure limit for the tank's design capacity category as follows:
      1. (A) For a tank design capacity equal to or greater than 151 m3, the maximum organic vapor pressure limit for the tank is 5.2 kPa.
         1. (B) For a tank design capacity equal to or greater than 75 m3 but less than 151 m3, the maximum organic vapor pressure limit for the tank is 27.6 kPa.
         2. (C) For a tank design capacity less than 75 m3, the maximum organic vapor pressure limit for the tank is 76.6 kPa.
         3. (ii) The hazardous waste in the tank is not heated by the owner or operator to a temperature that is greater than the temperature at which the maximum organic vapor pressure of the hazardous waste is determined for the purpose of complying with paragraph (b)(1)(i) of this section.
         4. (iii) The hazardous waste in the tank is not treated by the owner or operator using a waste stabilization process, as defined in § 265.1081 of these regulations.
         5. (2) For a tank that manages hazardous waste that does not meet all of the conditions specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this section, the owner or operator shall control air pollutant emissions from the tank by using Tank Level 2 controls in accordance with the requirements of paragraph (d) of this section. Examples of tanks required to use Tank Level 2 controls include: A tank used for a waste stabilization process; and a tank for which the hazardous waste in the tank has a maximum organic vapor pressure that is equal to or greater than the maximum organic vapor pressure limit for the tank's design capacity category as specified in paragraph (b)(1)(i) of this section.

(c) Owners and operators controlling air pollutant emissions from a tank using Tank Level 1 controls shall meet the requirements specified in paragraphs (c)(1) through (c)(4) of this section:

1. (1) The owner or operator shall determine the maximum organic vapor pressure for a hazardous waste to be managed in the tank using Tank Level 1 controls before the first time the hazardous waste is placed in the tank. The maximum organic vapor pressure shall be determined using the procedures specified in § 264.1083(c) of this subpart. Thereafter, the owner or operator shall perform a new determination whenever changes to the hazardous waste managed in the tank could potentially cause the maximum organic vapor pressure to increase to a level that is equal to or greater than the maximum organic vapor pressure limit for the tank design capacity category specified in paragraph (b)(1)(i) of this section, as applicable to the tank.
   1. (2) The tank shall be equipped with a fixed roof designed to meet the following specifications:
      1. (i) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the hazardous waste in the tank. The fixed roof may be a separate cover installed on the tank (e.g., a removable cover mounted on an open-top tank) or may be an integral part of the tank structural design (e.g., a horizontal cylindrical tank equipped with a hatch).
         1. (ii) The fixed roof shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof section joints or between the interface of the roof edge and the tank wall.

            (iii)Each opening in the fixed roof, and any manifold system associated with the fixed roof, shall be either:

         2. (A) Equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the opening and the closure device; or (B) Connected by a closed-vent system that is vented to a control device. The control device shall remove or destroy organics in the vent stream, and shall be operating whenever hazardous waste is managed in the tank, except as provided for in paragraphs (c)(2)(iii)(B)(1) and (2) of this section.
         3. (1) During periods when it is necessary to provide access to the tank for performing the activities of paragraph (c)(2)(iii)(B)(2) of this section, venting of the vapor headspace underneath the fixed roof to the control device is not required, opening of closure devices is allowed, and removal of the fixed roof is allowed. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, and resume operation of the control device.
         4. (2) During periods of routine inspection, maintenance, or other activities needed for normal operations, and for removal of accumulated sludge or other residues from the bottom of the tank.
         5. (iv) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: Organic vapor permeability, the effects of any contact with the hazardous waste or its vapors managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.
         6. (3) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed position except as follows:
         7. (i) Opening of closure devices or removal of the fixed roof is allowed at the following times:
         8. (A) To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.
         9. (B) To remove accumulated sludge or other residues from the bottom of tank.
         10. (ii) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the tank internal pressure in accordance with the tank design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the tank internal pressure is within the internal pressure operating range determined by the owner or operator based on the tank manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the tank internal pressure exceeds the internal pressure operating range for the tank as a result of loading operations or diurnal ambient temperature fluctuations.
         11. (iii) Opening of a safety device, as defined in § 265.1081 of these regulations, is allowed at any time conditions require doing so to avoid an unsafe condition.
         12. (4) The owner or operator shall inspect the air emission control equipment in accordance with the following requirements:
         13. (i) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
         14. (ii) The owner or operator shall perform an initial inspection of the fixed roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except under the special conditions provided for in paragraph (l) of this section.
         15. (iii) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (k) of this section.
         16. (iv) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 264.1089(b) of this subpart.

(d) Owners and operators controlling air pollutant emissions from a tank using Tank Level 2 controls shall use one of the following tanks:

1. (1) A fixed-roof tank equipped with an internal floating roof in accordance with the requirements specified in paragraph (e) of this section;
   1. (2) A tank equipped with an external floating roof in accordance with the requirements specified in paragraph (f) of this section;
      1. (3) A tank vented through a closed-vent system to a control device in accordance with the requirements specified in paragraph (g) of this section;
         1. (4) A pressure tank designed and operated in accordance with the requirements specified in paragraph (h) of this section; or (5) A tank located inside an enclosure that is vented through a closed-vent system to an enclosed combustion control device in accordance with the requirements specified in paragraph (i) of this section.

(e) The owner or operator who controls air pollutant emissions from a tank using a fixed roof with an internal floating roof shall meet the requirements specified in paragraphs (e)(l) through (e)(3) of this section.

1. (1) The tank shall be equipped with a fixed roof and an internal floating roof in accordance with the following requirements:
   1. (i) The internal floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.
      1. (ii) The internal floating roof shall be equipped with a continuous seal between the wall of the tank and the floating roof edge that meets either of the following requirements:
         1. (A) A single continuous seal that is either a liquid-mounted seal or a metallic shoe seal, as defined in § 265.1081 of these regulations; or (B) Two continuous seals mounted one above the other. The lower seal may be a vapor-mounted seal.
         2. (iii) The internal floating roof shall meet the following specifications:
         3. (A) Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and the rim space vents is to provide a projection below the liquid surface.
         4. (B) Each opening in the internal floating roof shall be equipped with a gasketed cover or a gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains.
         5. (C) Each penetration of the internal floating roof for the purpose of sampling shall have a slit fabric cover that covers at least 90 percent of the opening.
         6. (D) Each automatic bleeder vent and rim space vent shall be gasketed.
         7. (E) Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover.
         8. (F) Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover.
         9. (2) The owner or operator shall operate the tank in accordance with the following requirements:
         10. (i) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical. (ii)Automatic bleeder vents are to be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.
         11. (iii) Prior to filling the tank, each cover, access hatch, gauge float well or lid on any opening in the internal floating roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim exceeds the manufacturer's recommended setting.
         12. (3) The owner or operator shall inspect the internal floating roof in accordance with the procedures specified as follows:
         13. (i) The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: The internal floating roof is not floating on the surface of the liquid inside the tank; liquid has accumulated on top of the internal floating roof; any portion of the roof seals have detached from the roof rim; holes, tears, or other openings are visible in the seal fabric; the gaskets no longer close off the hazardous waste surface from the atmosphere; or the slotted membrane has more than 10 percent open area.
         14. (ii) The owner or operator shall inspect the internal floating roof components as follows except as provided in paragraph (e)(3)(iii) of this section:
         15. (A) Visually inspect the internal floating roof components through openings on the fixed-roof (e.g., manholes and roof hatches) at least once every 12 months after initial fill, and (B) Visually inspect the internal floating roof, primary seal, secondary seal (if one is in service), gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 10 years.
         16. (iii) As an alternative to performing the inspections specified in paragraph (e)(3)(ii) of this section for an internal floating roof equipped with two continuous seals mounted one above the other, the owner or operator may visually inspect the internal floating roof, primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 5 years.
         17. (iv) Prior to each inspection required by paragraph (e)(3)(ii) or (e)(3)(iii) of this section, the owner or operator shall notify the Director in advance of each inspection to provide the Director with tie opportunity to have an observer present during the inspection. The owner or operator shall notify the Director of the date and location of the inspection as follows:
         18. (A) Prior to each visual inspection of an internal floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the Director at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in paragraph (e)(3)(iv)(B) of this section.
         19. (B) When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the Director as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Director at least 7 calendar days before refilling the tank.
         20. (v) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (k) of this section.
         21. (vi) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 264.1089(b) of this subpart.
         22. (4) Safety devices, as defined in § 265.1081 of these regulations, may be installed and operated as necessary on any tank complying with the requirements of paragraph (e) of this section.

(f) The owner or operator who controls air pollutant emissions from a tank using an external floating roof shall meet the requirements specified in paragraphs (f)(1) through (f)(3) of this section.

1. (1) The owner or operator shall design the external floating roof in accordance with the following requirements:
   1. (i) The external floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.
      1. (ii) The floating roof shall be equipped with two continuous seals, one above the other, between the wall of the tank and the roof edge. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal.
         1. (A) The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as defined in § 265.1081 of these regulations. The total area of the gaps between the tank wall and the primary seal shall not exceed 212 square centimeters (cm2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic shoe seal is used for the primary seal, the metallic shoe seal shall be designed so that one end extends into the liquid in the tank and the other end extends a vertical distance of at least 61 centimeters above the liquid surface.
         2. (B) The secondary seal shall be mounted above the primary seal and cover the annular space between the floating roof and the wall of the tank. The total area of the gaps between the tank wall and the secondary seal shall not exceed 21.2 square centimeters (cm2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 1.3 centimeters (cm).
         3. (iii) The external floating roof shall meet the following specifications:
         4. (A) Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in a noncontact external floating roof shall provide a projection below the liquid surface.
         5. (B) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be equipped with a gasketed cover, seal, or lid.
         6. (C) Each access hatch and each gauge float well shall be equipped with a cover designed to be bolted or fastened when the cover is secured in the closed position.
         7. (D) Each automatic bleeder vent and each rim space vent shall be equipped with a gasket.
         8. (E) Each roof drain that empties into the liquid managed in the tank shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening.
         9. (F) Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding cover or a flexible fabric sleeve seal.
         10. (G) Each unslotted guide pole shall be equipped with a gasketed cap on the end of the pole.
         11. (H) Each slotted guide pole shall be equipped with a gasketed float or other device which closes off the liquid surface from the atmosphere.
         12. (I) Each gauge hatch and each sample well shall be equipped with a gasketed cover.
         13. (2) The owner or operator shall operate the tank in accordance with the following requirements:
         14. (i) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.
         15. (ii) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be secured and maintained in a closed position at all times except when the closure device must be open for access.
         16. (iii) Covers on each access hatch and each gauge float well shall be bolted or fastened when secured in the closed position.
         17. (iv) Automatic bleeder vents shall be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.
         18. (v) Rim space vents shall be set to open only at those times that the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.

             (vi)The cap on the end of each unslotted guide pole shall be secured in the dosed position at all times except when measuring the level or collecting samples of the liquid in the tank.

         19. (vii) The cover on each gauge hatch or sample well shall be secured in the closed position at all times except when the hatch or well must be opened for access.
         20. (viii) Both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall of the tank in a continuous fashion except during inspections.
         21. (3) The owner or operator shall inspect the external floating roof in accordance with the procedures specified as follows:
         22. (i) The owner or operator shall measure the external floating roof seal gaps in accordance with the following requirements:
         23. (A) The owner or operator shall perform measurements of gaps between the tank wall and the primary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every 5 years.
         24. (B) The owner or operator shall perform measurements of gaps between the tank wall and the secondary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every year.
         25. (C) If a tank ceases to hold hazardous waste for a period of 1 year or more, subsequent introduction of hazardous waste into the tank shall be considered an initial operation for the purposes of paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of this section.
         26. (D) The owner or operator shall determine the total surface area of gaps in the primary seal and in the secondary seal individually using the following procedure:
         27. (1) The seal gap measurements shall be performed at one or more floating roof levels when the roof is floating off the roof supports.
         28. (2) Seal gaps, if any, shall be measured around the entire perimeter of the floating roof in each place where a 0.32-centimeter (cm) diameter uniform probe passes freely (without forcing or binding against the seal) between the seal and the wall of the tank and measure the circumferential distance of each such location.
         29. (3) For a seal gap measured under paragraph (f)(3) of this section, the gap surface area shall be determined by using probes of various widths to measure accurately the actual distance from the tank wall to the seal and multiplying each such width by its respective circumferential distance.
         30. (4) The total gap area shall be calculated by adding the gap surface areas determined for each identified gap location for the primary seal and the secondary seal individually, and then dividing the sum for each seal type by the nominal diameter of the tank. These total gap areas for the primary seal and secondary seal are then compared to the respective standards for the seal type as specified in paragraph (f)(1)(ii) of this section.
         31. (E) In the event that the seal gap measurements do not conform to the specifications in paragraph (f)(1)(ii) of this section, the owner or operator shall repair the defect in accordance with the requirements of paragraph (k) of this section.
         32. (F) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 264.1089(b) of this subpart.
         33. (ii) The owner or operator shall visually inspect the external floating roof in accordance with the following requirements:
         34. (A) The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: Holes, tears, or other openings in the rim seal or seal fabric of the floating roof; a rim seal detached from the floating roof; all or a portion of the floating roof deck being submerged below the surface of the liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
         35. (B) The owner or operator shall perform an initial inspection of the external floating roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in paragraph (1) of this section.
         36. (C) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (k) of this section.
         37. (D) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 264.1089(b) of this subpart.
         38. (iii) Prior to each inspection required by paragraph (f)(3)(i) or (f)(3)(ii) of this section, the owner or operator shall notify the Director in advance of each inspection to provide the Director with the opportunity to have an observer present during the inspection. The owner or operator shall notify the Director of the date and location of the inspection as follows:
         39. (A) Prior to each inspection to measure external floating roof seal gaps as required under paragraph (f)(3)(i) of this section, written notification shall be prepared and sent by the owner or operator so that it is received by the Director at least 30 calendar days before the date the measurements are scheduled to be performed.
         40. (B) Prior to each visual inspection of an external floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the Director at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in paragraph (f)(3)(iii)(C) of this section.
         41. (C) When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the Director as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Director at least 7 calendar days before refilling the tank.
         42. (4) Safety devices, as defined in § 265.1081 of these regulations, may be installed and operated as necessary on any tank complying with the requirements of paragraph (f) of this section.

(g) The owner or operator who controls air pollutant emissions from a tank by venting the tank to a control device shall meet the requirements specified in paragraphs (g)(1) through (g)(3) of this section.

1. (1) The tank shall be covered by a fixed roof and vented directly through a closed-vent system to a control device in accordance with the following requirements:
   1. (i) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the tank.
      1. (ii) Each opening in the fixed roof not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the fixed roof is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the fixed roof is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions.
         1. (iii) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: Organic vapor permeability, the effects of any contact with the liquid and its vapor managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.

            (iv)The closed-vent system and control device shall be designed and operated in accordance with the requirements of § 264.1087 of this subpart.

         2. (2) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the dosed position and the vapor headspace underneath the fixed roof vented to the control device except as follows:
         3. (i) Venting to the control device is not required, and opening of closure devices or removal of the fixed roof is allowed at the following times:
         4. (A) To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the dosed position or reinstall the cover, as applicable, to the tank.
         5. (B) To remove accumulated sludge or other residues from the bottom of a tank.
         6. (ii) Opening of a safety device, as defined in § 265.1081 of these regulations, is allowed at any time conditions require doing so to avoid an unsafe condition.
         7. (3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:
         8. (i) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
         9. (ii) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in § 264.1087 of this subpart.
         10. (iii) The owner or operator shall perform an initial inspection of the air emission control equipment on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in paragraph (l) of this section.
         11. (iv) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (k) of this section.
         12. (v) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 264.1089(b) of this subpart.

(h) The owner or operator who controls air pollutant emissions by using a pressure tank shall meet the following requirements:

1. (1) The tank shall be designed not to vent to the atmosphere as a result of compression of the vapor headspace in the tank during filling of the tank to its design capacity.
   1. (2) All tank openings shall be equipped with closure devices designed to operate with no detectable organic emissions as determined using the procedure specified in § 264.1083 (d) of this subpart.
      1. (3) Whenever a hazardous waste is in the tank, the tank shall be operated as a closed system that does not vent to the atmosphere except under either of the following conditions as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this section.
         1. (i) At those times when opening of a safety device, as defined in § 265.1081 of these regulations, is required to avoid an unsafe condition.
         2. (ii) At those times when purging of inerts from the tank is required and the purge stream is routed to a closed-vent system and control device designed and operated in accordance with the requirements of § 264.1087 of this subpart.

(i) The owner or operator who controls air pollutant emissions by using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the requirements specified in paragraphs (i)(1) through (i)(4) of this section.

1. (1) The tank shall be located inside an enclosure. The enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in “Procedure T-Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, Appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to “Procedure T-- Criteria for and Verification of a Permanent or Temporary Total Enclosure” initially when the enclosure is first installed and, thereafter, annually.
   1. (2) The enclosure shall be vented through a closed-vent system to an enclosed combustion control device that is designed and operated in accordance with the standards for either a vapor incinerator, boiler, or process heater specified in § 264.1087 of this subpart.
      1. (3) Safety devices, as defined in § 265.1081 of these regulations, may be installed and operated as necessary on any enclosure, closed-vent system, or control device used to comply with the requirements of paragraphs (i)(1) and (i)(2) of this section.
         1. (4) The owner or operator shall inspect and monitor the closed-vent system and control device as specified in § 264.1087 of this subpart.

(j) The owner or operator shall transfer hazardous waste to a tank subject to this section in accordance with the following requirements:

1. (1) Transfer of hazardous waste, except as provided in paragraph (j)(2) of this section, to the tank from another tank subject to this section or from a surface impoundment subject to § 264.1085 of this subpart shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the hazardous waste to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR Part 63, Subpart RR-- National Emission Standards for Individual Drain Systems.
   1. (2) The requirements of paragraph (j)(1) of this section do not apply when transferring a hazardous waste to the tank under any of the following conditions:
      1. (i) The hazardous waste meets the average VO concentration conditions specified in § 264.1082(c)(1) of this subpart at the point of waste origination.
         1. (ii) The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in § 264.1082(c)(2) of this subpart.
         2. (iii) The hazardous waste meets the requirements of § 264.1082(c)(4) of this subpart.

(k) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of paragraph (c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:

1. (1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection, and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in paragraph (k)(2) of this section.
   1. (2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the tank and no alternative tank capacity is available at the site to accept the hazardous waste normally managed in the tank. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the tank stops operation. Repair of the defect shall be completed before the process or unit resumes operation.

(l) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this subpart, subsequent inspection and monitoring may be performed at intervals longer than 1 year under the following special conditions:

1. (1) In the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions, then the owner or operator may designate a cover as an “unsafe to inspect and monitor cover” and comply with all of the following requirements:
   1. (i) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.
      1. (ii) Develop and implement a written plan and schedule to inspect and monitor the cover, using the procedures specified in the applicable section of this subpart, as frequently as practicable during those times when a worker can safely access the cover.
         1. (2) In the case when a tank is buried partially or entirely underground, an owner or operator is required to inspect and monitor, as required by the applicable provisions of this section, only those portions of the tank cover and those connections to the tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located on or above the ground surface. §264.1085 Standards: Surface impoundments.

(a) The provisions of this section apply to the control of air pollutant emissions from surface impoundments for which § 264.1082(b) of this subpart references the use of this section for such air emission control.

(b) The owner or operator shall control air pollutant emissions from the surface impoundment by installing and operating either of the following:

1. (1) A floating membrane cover in accordance with the provisions specified in paragraph (c) of this section; or (2) A cover that is vented through a closed-vent system to a control device in accordance with the provisions specified in paragraph (d) of this section.

(c) The owner or operator who controls air pollutant emissions from a surface impoundment using a floating membrane cover shall meet the requirements specified in paragraphs (c)(1) through (c)

1. (3) of this section.
   1. (1) The surface impoundment shall be equipped with a floating membrane cover designed to meet the following specifications:
      1. (i) The floating membrane cover shall be designed to float on the liquid surface during normal operations and form a continuous barrier over the entire surface area of the liquid.
         1. (ii) The cover shall be fabricated from a synthetic membrane material that is either:
         2. (A) High density polyethylene (HDPE) with a thickness no less than 2.5 millimeters (mm); or (B) A material or a composite of different materials determined to have both organic permeability properties that are equivalent to those of the material listed in paragraph (c)(1)(ii)(A) of this section and chemical and physical properties that maintain the material integrity for the intended service life of the material.
         3. (iii) The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings.
         4. (iv) Except as provided for in paragraph (c)(1)(v) of this section, each opening in the floating membrane cover shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device.
         5. (v) The floating membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening or a flexible fabric sleeve seal.
         6. (vi) The closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of any contact with the liquid and its vapor managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the floating membrane cover is installed.
         7. (2) Whenever a hazardous waste is in the surface impoundment, the floating membrane cover shall float on the liquid and each closure device shall be secured in the closed position except as follows:
         8. (i) Opening of closure devices or removal of the cover is allowed at the following times:
         9. (A) To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment Following completion of the activity, the owner or operator shall promptly replace the cover and secure the closure device in the closed position, as applicable.
         10. (B) To remove accumulated sludge or other residues from the bottom of the surface impoundment.
         11. (ii) Opening of a safety device, as defined in § 265.1081 of these regulations, is allowed at any time conditions require doing so to avoid an unsafe condition.
         12. (3) The owner or operator shall inspect the floating membrane cover in accordance with the following procedures:
         13. (i) The floating membrane cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
         14. (ii) The owner or operator shall perform an initial inspection of the floating membrane cover and its closure devices on or before the date that the surface impoundment becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in paragraph (g) of this section.
         15. (iii) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (f) of this section.
         16. (iv) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 264.1089(c) of this subpart.

(d) The owner or operator who controls air pollutant emissions from a surface impoundment using a cover vented to a control device shall meet the requirements specified in paragraphs (d)(1) through (d)(3) of this section.

1. (1) The surface impoundment shall be covered by a cover and vented directly through a closed- vent system to a control device in accordance with the following requirements:
   1. (i) The cover and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the surface impoundment.
      1. (ii) Each opening in the cover not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the cover is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the cover is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions using the procedure specified in § 264.1083(d) of this subpart.
         1. (iii) The cover and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the cover and closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of any contact with the liquid or its vapors managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the cover is installed.
         2. (iv) The closed-vent system and control device shall be designed and operated in accordance with the requirements of § 264.1087 of this subpart.
         3. (2) Whenever a hazardous waste is in the surface impoundment, the cover shall be installed with each closure device secured in the closed position and the vapor headspace underneath the cover vented to the control device except as follows:
         4. (i) Venting to the control device is not required, and opening of closure devices or removal of the cover is allowed at the following times:
         5. (A) To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly-secure the closure device in the closed position or reinstall the cover, as applicable, to the surface impoundment.
         6. (B) To remove accumulated sludge or other residues from the bottom of the surface impoundment.
         7. (ii) Opening of a safety device, as defined in § 265.1081 of these regulations, is allowed at any time conditions require doing so to avoid an unsafe condition.
         8. (3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:
         9. (i) The surface impoundment cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
         10. (ii) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in § 264.1087 of this subpart.
         11. (iii) The owner or operator shall perform an initial inspection of the air emission control equipment on or before the date that the surface impoundment becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in paragraph (g) of this section.
         12. (iv) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (f) of this section.
         13. (v) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 264.1089(c) of this subpart.

(e) The owner or operator shall transfer hazardous waste to a surface impoundment subject to this section in accordance with the following requirements:

1. (1) Transfer of hazardous waste, except as provided in paragraph (e)(2) of this section, to the surface impoundment from another surface impoundment subject to this section or from a tank subject to § 264.1084 of this subpart shall be conducted using continuous hard- piping or another closed system that does not allow exposure of the waste to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR Part 63, Subpart RR--National Emission Standards for Individual Drain Systems.
   1. (2) The requirements of paragraph (e)(1) of this section do not apply when transferring a hazardous waste to the surface impoundment under either of the following conditions:
      1. (i) The hazardous waste meets the average VO concentration conditions specified in § 264.1082(c)(1) of this subpart at the point of waste origination.
         1. (ii) The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in § 264.1082(c)(2) of this subpart. (iii)The hazardous waste meets the requirements of § 264.1082(c)(4) of this subpart.

(f) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of paragraph (c)(3) or (d)(3) of this section as follows:

1. (1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in paragraph (f)(2) of this section.
   1. (2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the surface impoundment and no alternative capacity is available at the site to accept the hazardous waste normally managed in the surface impoundment. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the surface impoundment stops operation. Repair of the defect shall be completed before the process or unit resumes operation.

(g) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this subpart, subsequent inspection and monitoring may be performed at intervals longer than 1 year in the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions. In this case, the owner or operator may designate the cover as an “unsafe to inspect and monitor cover” and comply with all of the following requirements:

1. (1) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.
   1. (2) Develop and implement a written plan and schedule to inspect and monitor the cover using the procedures specified in the applicable section of this subpart as frequently as practicable during those times when a worker can safely access the cover. §264.1086 Standards: Containers.

(a) The provisions of this section apply to the control of air pollutant emissions from containers for which § 264.1082(b) of this subpart references the use of this section for such air emission control.

(b) General requirements.

1. (1) The owner or operator shall control air pollutant emissions from each container subject to this section in accordance with the following requirements, as applicable to the container, except when the special provisions for waste stabilization processes specified in paragraph (b)(2) of this section apply to the container.
   1. (i) For a container having a design capacity greater than 0.1 m3 (approximately 26 gallons) and less than or equal to 0.46 m3 (approximately 119 gallons), the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in paragraph (c) of this section.
      1. (ii) For a container having a design capacity greater than 0.46 m3 (approximately 119 gallons) that is not in light material service, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in paragraph (c) of this section.
         1. (iii) For a container having a design capacity greater than 0.46 m3 (approximately 119 gallons) that is in light material service, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 2 standards specified in paragraph (d) of this section.
         2. (2) When a container having a design capacity greater than 0.1 m3 (approximately 26 gallons) is used for treatment of a hazardous waste by a waste stabilization process, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 3 standards specified in paragraph (e) of this section at those times during the waste stabilization process when the hazardous waste in the container is exposed to the atmosphere.

(c) Container Level 1 standards.

1. (1) A container using Container Level 1 controls is one of the following:
   1. (i) A container that meets the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as specified in paragraph (f) of this section.
      1. (ii) A container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the dosed position there are no visible holes, gaps, or other open spaces into the interior of the container. The cover may be a separate cover installed on the container (e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or may be an integral part of the container structural design (e.g., a “portable tank” or bulk cargo container equipped with a screw-type cap).
         1. (iii) An open-top container in which an organic-vapor suppressing barrier is placed on or over the hazardous waste in the container such that no hazardous waste is exposed to the atmosphere. One example of such a barrier is application of a suitable organic-vapor suppressing foam.
         2. (2) A container used to meet the requirements of paragraph (c)(1)(ii) or (c)(1)(iii) of this section shall be equipped with covers and closure devices, as applicable to the container, that are composed of suitable materials to minimize exposure of the hazardous waste to the atmosphere and to maintain the equipment integrity, for as long as the container is in service. Factors to be considered in selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of contact with the hazardous waste or its vapor managed in the container; the effects of outdoor exposure of the closure device or cover material to wind, moisture, and sunlight; and the operating practices for which the container is intended to be used.
         3. (3) Whenever a hazardous waste is in a container using Container Level 1 controls, the owner or operator shall install all covers and closure devices for the container, as applicable to the container, and secure and maintain each closure device in the closed position except as follows:
         4. (i) Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:
         5. (A) In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
         6. (B) In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container, or the shutdown of the process generating the material being added to the container, whichever condition occurs first.
         7. (ii) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
         8. (A) For the purpose of meeting the requirements of this section, an empty container as defined in § 261.7(b) of these regulations may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).
         9. (B) In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in § 261.7(b) of these regulations, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
         10. (iii) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.
         11. (iv) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
         12. (v) Opening of a safety device, as defined in § 265.1081 of these regulations, is allowed at any time conditions require doing so to avoid an unsafe condition.
         13. (4) The owner or operator of containers using Container Level 1 controls shall inspect the containers and their covers and closure devices as follows:
         14. (i) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in § 261.7(b) of these regulations), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the Subpart CC container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to Part 262 (EPA Forms 8700-22 and 8700-22A), as required under Subpart E of this part, at § 264.71 of these regulations. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c)(4)(iii) of this section.
         15. (ii) In the case when a container used for managing hazardous waste remains at the facility for a period of 1 year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c)(4)(iii) of this section.
         16. (iii) When a defect is detected for the container, cover, or closure devices, the owner or operator shall make first efforts at repair of the defect no later than 24 hours after detection and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired.
         17. (5) The owner or operator shall maintain at the facility a copy of the procedure used to determine that containers with capacity of 0.46 m3 (approximately 119 gallons) or greater, which do not meet applicable DOT regulations as specified in paragraph (f) of this section, are not managing hazardous waste in light material service.

(d) Container Level 2 standards.

1. (1)A container using Container Level 2 controls is one of the following:
   1. (i) A container that meets the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as specified in paragraph (f) of this section.
      1. (ii) A container that operates with no detectable organic emissions as defined in §
         1. 265.1081 of these regulations and determined in accordance with the procedure

            specified in paragraph (g) of this section.

         2. (iii) A container that has been demonstrated within the preceding 12 months to be vapor- tight by using 40 CFR Part 60, Appendix A, Method 27 in accordance with the procedure specified in paragraph (h) of this section.
         3. (2) Transfer of hazardous waste in or out of a container using Container Level 2 controls shall be conducted in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive, or other hazardous materials. Examples of container loading procedures that the Department considers to meet the requirements of this paragraph include using any one of the following: A submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations; or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.
         4. (3) Whenever a hazardous waste is in a container using Container Level 2 controls, the owner or operator shall install all covers and closure devices for the container, and secure and maintain each closure device in the closed position except as follows:
         5. (i) Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:
         6. (A) In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
         7. (B) In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container, or the shutdown of the process generating the material being added to the container, whichever condition occurs first.
         8. (ii) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
         9. (A) For the purpose of meeting the requirements of this section, an empty container as defined in § 261.7(b) of these regulations may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).
         10. (B) In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in § 261.7(b) of these regulations, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
         11. (iii) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.
         12. (iv) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emission when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the dosed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe haling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
         13. (v) Opening of a safety device, as defined in § 265.1081 of these regulations, is allowed at any time conditions require doing so to avoid an unsafe condition.
         14. (4) The owner or operator of containers using Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:
         15. (i) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in § 261.7(b) of these regulations), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the Subpart CC container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to Part 262 (EPA Forms 8700-22 and 8700-22A), as required under Subpart E of this part, at § 264.71 of these regulations. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d)(4)(iii) of this section.
         16. (ii) In the case when a container used for managing hazardous waste remains at the facility for a period of 1 year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d)(4)(iii) of this section.
         17. (iii) When a defect is detected for the container, cover, or closure devices, the owner or operator shall make first efforts at repair of the defect no later than 24 hours after detection, and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired.